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HomeMy WebLinkAboutAgenda Packet 09-16-2014g4 pa.� A1V CITY OF CAPE CANAVERAL CAPE CANAVERAL CITY COUNCIL MEETING AGENDA Instructions This Meeting is open to the Public. If you would like to speak before the Cape Canaveral City Council, please complete a Speaker Card and give it to the City Clerk/Recording Secretary or other Official/Staff Member in the room. Speaker Cards are located adjacent to the Library Room Entrance. A "reasonable opportunity to be heard" pursuant to Section 286.0114, Florida Statutes, need not occur at the same meeting at which the "board or commission" (or City Council) takes official action on an item. No City Council action will be taken on requests during Public Participation unless determined by the Council to be an emergency. Any other requests for Council action may be placed on the Agenda for a subsequent meeting. 1. Please proceed to the podium when your name is called by the Mayor, Mayor Pro Tem or Meeting Chair. 2. You will have 3 MINUTES to speak before the City Council. 3. Please direct your statements to the Mayor, Mayor Pro Tem or Meeting Chair. PLEASE KEEP CELL PHONES AND OTHER DEVICES SILENT, CAPE CANAVERAL CITY COUNCIL MEETING Library Meeting Room 201 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA September 16, 2014 6:00 PM CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the City Council excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens will limit their comments to three (3) minutes. The City Council will not take any action under the "Public Participation" section of the agenda. The Council may schedule items not on the agenda as regular items and act upon them in the future. PRESENTATIONS / INTERVIEWS: 6:15 p.m. — 6:25 p.m. Interview Applicant Eric Larkin for appointment to the Business and Economic Development Board. Interview Applicant Michael Moulton for appointment to the Planning & Zoning Board. CONSENT AGENDA: 6:25 p.m. — 6:30 p.m. 1. Approve Minutes for Regular City Council Meeting of August 19, 2014. 2. Resolution No. 2014-25; appointing Members to the Business and Economic Development Board and the Planning and Zoning Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability; and an effective date. (Eric Larkin and Mike Moulton) 3. Resolution No. 2014-26; supporting the goal of the Brevard Tobacco Initiative (BTI) and Students Working Against Tobacco (SWAT) to disseminate information, conduct educational and prevention programs and promote policy changes and enforcement with regard to tobacco; requesting local businesses to restrict the sale and marketing of all flavored tobacco products where youth have access; providing for repeal of prior inconsistent resolutions; and providing for an effective date. City of Cape Canaveral, Florida City Council Meeting September 16, 2014 Page 2 of 3 4. Resolution No. 2014-27; temporarily exempting electronic signs from sign permit fees for one year from the effective date of Ordinance No. 04-2014; reserving the City Council right to re -impose said fees prior to that date; providing for the repeal of prior inconsistent resolutions, severability, and an effective date. 5. Resolution No. 2014-28; adopting a revised Solid Waste Franchise Agreement with Waste Pro of Florida, Inc.; adopting the solid waste rates set forth in the Solid Waste Franchise Agreement; providing for repeal of prior inconsistent resolutions, severability, and an effective date. 6. Resolution No. 2014-29; authorizing an addendum to the Contract for Fire Protection and Emergency Medical Services between the City of Cape Canaveral, Florida and the Cape Canaveral Volunteer Fire Department, Inc.; providing for repeal of prior inconsistent resolutions, severability, and an effective date. 7. Resolution No. 2014-30; authorizing an addendum to the Agreement for Municipal Law Enforcement Services between the City of Cape Canaveral, Florida and Wayne Ivey, as Sheriff of Brevard County; providing for repeal of prior inconsistent resolutions, severability, and an effective date. 8. Resolution No. 2014-32; reappointing members to the Board of Adjustment, Code Enforcement Board, Culture and Leisure Services Board and Library Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability; and an effective date. (Linda Brown, Walter Godfrey, Ralph Lotspeich, Raymond Viens, Maureen Michel, Joanna Atwood, Jean Deck and Mary Ernst) 9. Award contract for Commercial Recreational Franchise for provision of Kayak/Paddleboard Eco tours, lessons and rentals to A1A Management LLC (DBA: A1A Beach Rentals) at Banana River Park; Award contract for Commercial Recreational Franchise for Provision of Surf Instruction at the sand and beach areas within the boundaries of Johnson Avenue to the south and Jefferson Avenue to the north, to Sandy Beach Surfing, LLC.; and authorize the City Manager to sign contract for the same. PUBLIC HEARING: 6:30 p.m. — 7:00 p.m. 10. Ordinance No. 08-2014; providing for the regulation of signage; providing for comprehensive amendments to Chapter 94, Signs, of the Code of Ordinances; amending the signage requirements for the A1A Economic Opportunity Overlay City of Cape Canaveral, Florida City Council Meeting September 16, 2014 Page 3 of 3 District; providing for repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability, and effective date, second reading. 11. Ordinance No. 09-2014; affecting the use of land in the City relating to medical marijuana treatment centers, whether for medial or recreational use, and relating to pain management clinics; amending Chapter 110, Zoning, of the Cape Canaveral Code of Ordinances to include "Medical Marijuana Treatment Centers" and "Pain Management Clinics" as Special Exceptions in the C1, C2, and M1 Zoning Districts and setting forth standards and requirements for such uses; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, second reading. 12. Ordinance No. 10-2014; pursuant to Section 2.12(6) of the City Charter, authorizing the conveyance of an approximate twenty (20') foot wide strip of real property located along the rear boundary of Lot 11 of the Harbor Heights Subdivision by Quit -Claim Deed without any representations and warranties made by the City; declaring that the City of Cape Canaveral no longer has a public purpose interest in said real property and that it is in the best interests of the City to convey the real property to the owner of the adjacent property subject to the terms and conditions set forth in the Quit -Claim Deed; providing for severability, the repeal of prior inconsistent ordinances, and an effective date, second reading. ITEMS FOR ACTION: 7:00 p.m. — 7:30 p.m. 13. Authorize removal of a specimen tree at 285 Monroe Avenue. 14. Obtain consensus on path forward for the North Atlantic Avenue Streetscape Project and incorporate approved changes in final engineering design. REPORTS: 7:30 p.m. — 7:45 p.m. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the City Clerk's office (868-1220 x220 or x221) 48 hours in advance of the meeting. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09/16/2014 Presentations/Interviews Subject: Interview Applicant Eric Larkin for appointment to the Business & Economic Development Board. Department: Community & Economic Development Summary: On August 28, 2014, the Business & Economic Development Board interviewed Eric Larkin to fill a vacancy. Mr. Larkin is a local real estate agent. He has served on an HOA Board for four years, a MLS committee for three years and has been on the Brevard Children In Need Committee for two years. He resides in the City. Based on Mr. Larkin's interview and interest in the City of Cape Canaveral Business & Economic Development Board, the Board recommends that he be appointed by the City Council. Submitting Department Director: Todd Morley A/A Date: 9/2/2014 Attachments: 1. Board Application 2. Board Decision Form Financial Impact: Staff time to prepare item \\ Reviewed by Finance Director: John DeL. Date: The City Manager recommends that City Counci a the following a tion: Interview Applicant Eric Larkin. Approved by City Manager: David L. Greene O *3,� Date: City Council Action: [ ] Approved as Recommended [ ] Disappro ed [ ] Approved with Modifications [ ] Tabled to Time Certain Attachment 1 CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Sectlon 2-171, Cape Carreveral Cods City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee If that person has' been.:wrtvkted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: MAA 2 12014 A. GENERAL 1. Appilmd Name:t-� C- 2. Home Address: ( H 1(o 000 4 EAVC Cmr- Qgojekht.� �'1i 3192b 3. Home and Cellular Telephone: 3 � -!BL- t w 4. Occupation: R CAt_re P1 fZ¢s t A E N T }�(RE t. £s rA TE - 5. Business Telephone: 32.1 KW4 6. Business Address:.Cau iLTEA/A j Q 14co-N Ssj%1 201 I Xk'rr 1S 4A 3 zvYL T. E -WW C L%C- @ fQtC L4PLKId/. (SAM B. ELIGU3LM The information provided in this section Is for purposes of determining whether you are eligible to sem on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? (Y)?� _ (N) 2. Have you been a resident of the City of Cape for 12 longer? (Y), Canaveral months or (N) 3s. Are you a Business owner: (1) (N) 3b. if yes to 39, please list the name: 4a. Have you ever been convicted or found guilty, regardless of adjudication, or a felony In any jurisdiction? Any plea of nob contendere (no contest) shall be considered a conviction for purposes of this question. m (N) 4b. If yes to 4a, have your civil rights been restored? (Y) (N) 5a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? (1) (N) 5b. If yes to 5a. please Est each: Page 1 of 3 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily consent to having a standard background check performed on you by the City of Cape Canaveral? initials m X (N) 7a. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? (Y) _ (N) 7b. If yea to 7a, please provide name(s) of person(s) and relationship to you: C. INTERESTS11WERIENCE 1. Briefly state your interest in servin on a City advisory board or committee: n -T I'.l XK �s S (( 2 $ e onowc t7Q ill? Ott, 2. In nu I sequence 0 = most interested), please rank which advisory board or committee on which you wish to serve: Board of Adjustment' Business and Economic Development Board` Code Enforcement Board' Community Appearance Board' Construction Board of Adjustment and Appeals' Culture and Leisure Services Board Library Board Planning and Zoning Board` Other. *Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appolntment whife still a member of said board. 3. Briefly state any prior experiences in serving on any govemmental board or committee: C��1n a-3- Sung . cutwAun tiv. NILS VvA,r-aCNltfl(LEu IN tJn Ik1rTce�rL 2lcALS. 4. fist any specialized akills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee. ZEL L ESTATE ft66A c' D. STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing rave, gender, and physical disabilities of board and committee members. Please dwA the appropriate boxes: Page 2 of 3 �St�s GENDER African American ?< Male Asian -American Female Hispanic -American Not Known Native -American Caucasian DISMLrLy Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW' [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBUGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1220 ext. 221. PSignature: Date: a Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral Florida 32920 For Office Use Only: Date application received: Dab Appointed: Appointed by: Board Appointed to• Term Expires: Page 3 of 3 Attachment 2 BUSINESS & ECONOMIC DEVELOPMENT BOARD BOARD DECISION OF REQUEST B.E.D. Request No. _` Date Request to be considered by the Board: ��.T!� ,� /% BOARD ACTION TAKEN: Approved as Submitted and Presented Approved with the following condition(s): c I^ Ct Postponed for Additional Information Denied for the following reason(s): Note: Reference Citv Code Sections: 22-43 (b), Expiration of Approval; 22-45, Appeal of the Board's decision. —S�ure of Chairperson ��4 L Printed name oT Chairperson City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09/16/2014 Presentations/Interviews Subject: Interview Applicant Michael Moulton for appointment to the Planning & Zoning Board. Department: Community & Economic Development Summary: On August 27, 2014, the Planning & Zoning Board interviewed Michael Moulton to fill a vacancy on the Board. Mr. Moulton owns Mike's Pharmacy, a local business. He has been a regular attendee during the past few months of the Planning & Zoning Board meetings and has built a basic understanding of the process involved. He has previously supervised the hiring, training, promoting and termination of employees over the Northeast region for Target Pharmacy, covering 69 stores and over 200 employees. Based on Mr. Moulton's interview and interest in the City of Cape Canaveral Planning & Zoning Board, the Board recommends that he be appointed to the Board by the City Council. Submitting Department Director: Todd Morley T Date: 9/3/2014 Attachments: 1. Board Application 2. Board Decision Form Financial Impact: Staff time to prepare item. Reviewed by Finance Director: John DeLeo Date: The City Manager recommends that City Council ke the followin ac ion: Interview Applicant Michael Moulton. Approved by City Manager: David L. Greene© Date: City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Attachment 1 AUG - 5 2014 CITY OF CAPE CANAVERALI i APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOD Pursuant to Section 2.171, Cape Canaveral Cod i City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL 1. Applicant Name: „Z" A A t✓ I /" I by 1 hyA 2. Home Address: 5-I t -I Apn 9 Cvx 3. Home and Cellular Telephone: LII 3 - 3 -CSS 4. Occupation: 1" h•.r �a c ; AD - 5. Business Telephone: 151 1a LD I L - M 6. Business Address: 7. E -Mail: 46 h1kr- IflMA\L �3� B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? (Y) (N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? (Y) _ (N) 3a. Are you a Business owner: (Y) K (N) 3b. If yes to 3a, please list the name: 4a. Have you ever been convicted or found guilty, regardless of adjudication, or a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. (Y) (N) 4b. If yes to 4a, have your civil rights been restored? (Y) (N) 5a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? (Y) (N) 5b. If yes to 5a, please list each: Page 1 of 3 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily consent to having a standard background check performed on you by the City of Cape Canaveral? 7a 7b. 101 Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? If yes to 7a, please provide name(s) of person(s) and relationship to you: INTERESTS/EXPERIENCE � initials (Y) X, (N) (Y) (N) . 1. Briefly state your interest in serving on a City advisory board or committee: r ti �(., ( 4 vs,►VSS owAL- 1nVi Ived w-1-11 t4--1— U tjtc c i b� 'i't~R artery �;.nwt�tyai�y 2. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. Board of Adjustment* b. Business and Economic Development Board` C. Code Enforcement Board* d. _ Community Appearance Board* e. Construction Board of Adjustment and Appeals* f. Culture and Leisure Services Board g. Library Board h. �_ Planning and Zoning Board* i. Other: *Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. Briefly state any prior experiences in serving on any governmental board or committee: h� ire 1�.te.K � r� L Ie►r a �►tiQt e a �" �'(u � K S f � �t.�I{�i+ S t+ t't+k 1\wlvd 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify y u for membership on the desired board or committee. cK 4L. A ,re' n '4- 4: 4 4: P_.,.nL,us /nrb(rk(,Lcm/ r1( cm. ) avzr - L. )Ji --+I, (t 1y,b., L.—'l,►,,,c p�,Wa . bq 34n4� ) c, -,,r' >m eAvto ,ty 7�f D�^s��cv� over ) 3 � ,,F i,r -40^ D. STATEIEPORTING REQUIREMENTS "L -y tO Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Page 2 of 3 RACE GENDER African-American Male Asian -American Female Hispanic -American Not Known Native -American DL Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311.326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from date of completion. • If you should have any questions rpprding the completion of this application, please contact the City Clerk's Offic" (321). -1220 ext. 221. Signature: Please return to: Wof Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral Florida 32920 IFor Office Use Only: jDate application received: Date Appointed: by: 113oard Appointed to: Term Expires: Page 3 of 3 Date: Y( SI i t/ Attachment 2 PLANNING & ZONING BOARD BOARD DECISION OF REQUEST PW Request No. 2 Date Request to be considered by the Board: — 22 i BOARD ACTION TAKEN: V� Approved as Submitted and Presented Approved with the following condition(s): Postponed for Additional Information Denied for the following reason(s): Note: Referen ity Code Sections: 22-43 (b), Expiration of Approval; 22-45, Appeal of the oard's d ' Stature of Chairperson Printed name of Chairperson CITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY August 19, 2014 6:00 PM MINUTES �Z CALL TO ORDER: The Chair called the Meeting to Order a 600 P.M. and led the pledge of allegiance. ROLL CALL: Council Members Present: Council Member Council Member Mayor Pro Tem Mayor Council Member John Bond Bob Hoog Buzz Petsos ,z Rocky Rand,el, „petty Walsh Others Present: City Manager David L. Greene City Attorney Anthony Garganese Deputy City Clerk Mia Goforth Finance Direct x� John DeLeo Communi ... is Development D factor Todd Morley 'iii , Planrn AliZoning or David Dickey Buil " % fficial Gary Stepalavich '!% Gustavo Vergara Leisure ices Director%z Public Wo t, ervices Dirk or Jeff Ratliff Public Workices Dey Director Lonnie Dunn Brevard Count /��riff Mtor Paul Ring Cape Canaveral Vr Fire Dept. Chief Dave Sargeant PUBLIC PARTICIPATION: Rebecca Rowe introduced herself as the Secretary of the Cape Shores Board and a member of the Cape Shores Beautification Board. She spoke regarding maritime oaks and the hammock of trees that have survived hurricanes and tropical storms on and near the Cape Shores property; she expressed concerns about plans to remove or move trees for a new service station. Ms. Rowe went on to request the trees not be removed and noted the red tape around some of the trees. Eric Braga of Cape Shores stated his concerns regarding the impact pollution, crime, traffic and the City of Cape Canaveral, Florida City Council Regular Meeting August 19, 2014 Page 2 of 6 hours of operation the proposed Cumberland Farms gas station would bring to the area. Mr. Braga said he hoped City Council would keep the Vision of Cape Canaveral in its sights when talking with members of City Advisory Boards and people that they have influence over that work for them. On behalf of the Cape Shores Community, he stated they are in opposition to the proposed development. Jay Petty, resident of Cape Canaveral and an owner at Cape Shores, spoke of concerns regarding water flow toward the lagoon and environmental impacts. Mayor Randels explained Council has not seen the plans for the proposed gas station yet and will onlytbe involved if trees do have to be moved or cut down; he advised everyone to check the City website for upcoming meetings of Boards reviewing the issue. PRESENTATIONS / INTERVIEWS: Port Canaveral update provided by Chief Execix a "Officer John'Walsh: Mr. Walsh provided a mini -version of the State of the Pb -ft includina that .the 06&,is on a bold building program with a six hundred million d $600 year plan. Some of the Projects mentioned: find, i largest in the world, it allows for seating of up to. �y people and will function as a Pcq-of-Call during, community for meetings, fundraiser and other acti) terminal goes into the planning stage it ='the fall, this increasing volume of cruise passengers,; Port navE 0,000) budget, of a five - I Terminal #1, one of the )usand five hundred (2,500) week and available to the is, at night. Another cruise i o'�the high demand and i No. 2 in cruise terminal volume behind Miami. Among the new ships coming:..a new Royal Caribbean ship, the Explorer of the Seas, th der, coming,,back to the Port, making a total of three (3) WE Disney ships; next f No V/ Cruise Lies will come back with a Home Port ship, a, Quantum of the S,,e Mr V1i h described; other projects in the works: a container �, terminal, now going thi��i9, h a Treasury Department CFIUS (Committee on Foreign Investment in U.S.) Revs t12 een the Port functions and the logistics that will core,iritoirevardnt %'y as a'F�1t, over the next five (5) years, about 15,000 good paying logistics` jf+obs wrt e coming to Cape Canaveral, Titusville, Cocoa and throughout the 195 and SR528 �c� idor. He also spoke of the Florida Department of Trah'spb tat on project to' � widen R528 to include beautification and preserving community fecreation with."a bike path. Mr. Walsh ended the presentation noting the Port's plan t®;c-oordinate all of these initiatives in a 50 Year Strategic Plan and Master Plan starting in' October. He also stated the Port wants to work with City Manager David Greene and Staff tQ ook-at connectivity of roads and development of land between the Port and Central Boulevard in Cape Canaveral. CONSENT AGENDA: Mayor Randels inquired if any items are to be removed from the Consent Agenda for discussion. No items were removed. City of Cape Canaveral, Florida City Council Regular Meeting August 19, 2014 Page 3 of 6 1. Approve Minutes for Budget Workshop and Regular City Council Meetings of July 15, 2014: 2. Resolution No. 2014-23; reappointing Members to the Planning and Zoning Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability; and an effective date. (Craig Kittleson & Harry Pearson): 3. Adopt the revised Interlocal School Concurrency: NO 4. Waive the competitive bidding process for the pui2" extending the term of the existing contract, and approve the Seventh AddE'` umofessional Services Agreement for Fertilization, Insect, Disease, Weed Cont& and PW. _ontrol Services in the Amount of $41,344 with Black's Spray Service,"'!nc."and authoriz�e Citv Manager to execute same: ' 5. Approve Second Addendum to ProfessionaVServices Agreement f f'Mowing and Landscaping Services in the amount of $186,930 wash JB's Lawn Control, Inc. and authorize the City Manager to execute. same: x, 6. Award Branding RFP #2014-0- &A'A".roval of an.expenditure of 50% of the cost or $15,000 of Branding Contract with Pr�at�c authgrizing the City Manager to execute same: %! , A motion was made "by NLa'or Pro Tem Petsos, seconded by Council Member Hoog, to approve :the Consent Agenda. he motion carried 5-0 with voting as follows: Council Member Bond, For; Coun - Vlember Hoog, For; Mayor Pro Tem Petsos, For; Mayor Ran Is, dor; d Cou it Member Walsh, For. PUBLIC.�ARrI�Gk VA amend : nrovidina for the of the Code r amending tNna a re *ements for the A1A Economic Opportunity Overlay District; providing for meal of Pri R inconsistent ordinances and resolutions, incorporation into the Code, severeltty,d effective date, first reading: Attorney Garganese read the ,iii %,' , Ordinance title intoe record and provided a brief explanation of same. Discussion ,,, ensued and includeO""electronic sign impacts on sea turtles, hand held signs and how close to lanes of traffic they can be regarding safety and distraction, the fact that some cities are trying to address the people holding signs for businesses, portable signs and temporary signs, what constitutes signage and whether a towel is a sign, maximum feet for signage in 2009 and how the City Code came to be 20ft. for electronic signs. The Public Hearing was opened. Discussion ensued and included ambiguities and confusion regarding the definition of a sign in the Code as it is now and in the new Ordinance, the many Definitions of signs and wall signs; and political signs not being removed after City of Cape Canaveral, Florida City Council Regular Meeting August 19, 2014 Page 4 of 6 elections. The Public Hearing was closed. Attorney Garganese advised Council that between first and second reading of the Ordinance, there will likely be technical changes; with respect to the issue of window signage, he advised that a good place to start discussion is with that section of the Code. Discussion ensued and included how to figure out how far back from the window the display has to be to not violate the Code, the twenty-five percent rule, finding common ground, how the current Code encourages window displays, the way towels are displayed, how enforcement would be difficult, how far the display should be away from the window, how the Ordi; ance came to be and reasonable compromises made with a business owner. A moo s made by Mayor Pro Tem Petsos, seconded by Council Member HoogJapproval of Ordinance No. 08-2014. The motion carried 5-0 with voting ao�ws: Council Member Bond, For; Council Member Hoog, For; Mayor e,s, For; Mayor Randels, For; and Council Member Walsh, For. 8. Ordinance No. 09-2014, affecting the use of land in the City na to medical manivana treatment centers, whether for me jdal. or recreational use, elating to pain management clinics; amending Chapter 110`; Zoning, of :the Cape Canaveral Code of Ordinances to include "Medical Marijuana ':[j§atment Centers" and "Pain Management Clinics" as Special Exc�ptions in the C1, C2, and M1 Zoning Districts and setting forth standards and reauirem9t Aor such uses bibvidina for the repeal of prior inconsistent ordinances and resoIutioft-,`Ih'W­/r %oration int6"Ibexode• severability; and an effective date, first reading: Attorney Ga g read #die Ordinance title into the record. Discussion ensued and included a e+ ndum and, if passed by sixty percent, how the State v i l be enacting `sale of arijuana at medical distribution sites, how some comniiunities.are trying to rt out in front of the issue before November by adopting contingent zoning=::codes and eerational requirements, how this City's Ordinance would be cohtingent;upon the passtg of the Referendum and how the issue is somewhat related to pain `m61ragernent mics. The Public Hearing was opened. Discussion�,d included then#endum and how the State Constitution would make i ry diffic t ; r the 'Cft, to prohibit the sale of marijuana, the many issues rela��� o the sale o rdical rnaruana, the potential sales and revenue source, proximtt'�tJp�,and footage ay from: `schools; limitation of how many distribution centers can be in' City. The Ni lic Hearing was closed. Discussion ensued and included WRY adding place'f worshi"s part of the separation requirement, the separation of Church &Stateue, sep ation requirement for schools and daycares, how the Courts do not really delve fo,th' definition of place of worship and adding the language to the Ordinance ading, adding food products to the Definitions section, how if the Referendum passes, City Council will likely be revisiting the issue again; permitted conditional use versus special exception; websites teaching people how to doctor shop and pass themselves off as needing the marijuana; prevention of grow houses and suspicious prescriptions; the Community Redevelopment Area; changing the hours of operation and how Council can do that. Council reached consensus to change the hours of operation on Saturdays to 9:00 a.m. to Noon. Discussion continued on how this Ordinance provides guidelines for the City until after the November election and how Council could make it stricter now and change it later. A motion was made by City of Cape Canaveral, Florida City Council Regular Meeting August 19, 2014 Page 5 of 6 Mayor Pro Tem Petsos, seconded by Council Member Hoog, to approve Ordinance No. 09-2014 with the two recommended changes. The changes were restated to add "church" to the 1000 ft. distance requirement and to change of the hours of operation for Pain Management Clinics and Medical Treatment Centers Saturday from 9:00 a.m. to "Noon". The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; and Council Member Walsh, For. 9. a. Approve a Memorandum of Agreement between Tanva J. Guidi and the Citv to a strip of land approximate boundary of Lot 11 of Har Harbor Drive. upon fi b. Ordinance No. 10-2014; pi authorizina the convevance of an a it -Claim Deed without an real orooertv and that it is in the twenty (20') foot r Heiahts Subdiv to the located along the rear lith an address of 245 12 (6) of #h, 0') foot wig -bor Height: inties made blic purpos( convey the I conditions in said Quit -Claim Deed; providing for severability,: he,.repeal of [Wficonsistent ordinances, 1i and an effective date, first reading: AftorneyGarganese re -d the Ordinance title into the record, explained the history of the item''and purpose of the Memorandum of Agreement. The Public ��t'�ra g was opened. No comments were received and the Public Hearing was!dlosed motion ''vas made by Council Member Bond, seconded by Cpd` I Mem�or Walsh, to approve both the Memorandum of Agreement and Orci ce� 09 2014. The "motion carried 5-0 with voting as poi,//%i�� follows: Council Mem G����, ocil Member Hoog, For; Mayor Pro Tem Petsos, For;'llayandencil Member Walsh, For. REPORTS: AV Council Member Bond th' nked City Manager Greene and Staff for the enormous amount of heats of work spent on the Agenda items, especially the Sign Code. Council Member Walsh mentioned feedback she received from people who have put in applications to volureer on Advisory Boards. She requested the City send letters out to applicants. City Manager Greene stated it shall be done. Mayor Pro Tem Petsos spoke about how Cape View Elementary School student enrollment is above the projected amount and will not lose any teaching units at this point in time; Cocoa Beach student enrollment is down, but the Principal believes that could go up within the next week. He stated both schools are in session and everything is going well. City of Cape Canaveral, Florida City Council Regular Meeting August 19, 2014 Page 6of6 Mayor Randels complimented Leisure Services Director Gustavo Vergara regarding eleven weeks of Summer Camp with zero problems. ADJOURNMENT: There being no further business, the Meeting adjourned at 8:26 P.M. Mia Goforth, Deputy City Clerk City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09/16/2014 Item No. Z Subject: Resolution No. 2014-25; appointing Members to the Business and Economic Development Board and the Planning and Zoning Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability; and an effective date. (Eric Larkin and Mike Moulton) Department: Community and Economic Development Summary: After having conducted interviews at tonight's meeting of Business and Economic Development Board Applicant Eric Larkin and Planning and Zoning Board Applicant Michael Moulton, it is now incumbent upon the City Council to adopt Resolution No. 2014-25 appointing Mr. Larkin and Mr. Moulton to the respective Boards. The terms of appointment shall be until October 1, 2017. These appointments begin the Members' first (3) three-year terms allowed under the limits referenced in the City Code of Ordinances Sec. 2-171 (f) .Term, all Board and Committee Members shall be appointed to serve a three-year term and may be reappointed by the City Council for one additional three-year term. There shall be no limit on the total number of terms a Board or Committee Member may serve, except no person shall be appointed to more than two consecutive terms on the same board or committee unless no other qualified applicants submit applications seeking appointment. Notwithstanding, the City Council may appoint a Member to a term of less than three years in order to stagger the terms of the entire board or committee. If a Member is removed or vacates their appointment for any reason, including death, excessive absence or resignation prior to the expiration of their term, the City Council may at its discretion appoint an individual to serve the remaining portion of the unexpired term. Submitting Department Director: Angela Apperson NV Date: 9-3-2014 WN Attachment: Resolution No. 2014-25 Financial Impact: Staff time to prepare item. 1 Reviewed by Finance Director: John DeLeo Date: J �� The City Manager recommends that City Council take he following acti n. Adopt Resolution No. 2014-25. Approved by City Manager: David L. Greene D'VI - Date: V41LIv City Council Action: [ ] Approved as Recommended [ ] Disapprove [ ] Approved with Modifications [ ] Tabled to Time Certain RESOLUTION 2014-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING MEMBERS TO THE BUSINESS AND ECONOMIC DEVELOPMENT BOARD AND PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida has by Section 22- 27, Cape Canaveral City Code, established a board known as the Business and Economic Development Board; and WHEREAS, the City Council of the City of Cape Canaveral, Florida has by Section 110- 3, Cape Canaveral City Code, established a board known as the Planning and Zoning Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint Members to said Boards. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. Section 2. Appointments to the Business and Economic Development Board and the Planning and Zoning Board pursuant to Section 2-171(e) and (f) of the Cape Canaveral City Code, the City Council of the City of Cape Canaveral hereby appoints the following individuals to the Cape Canaveral Boards indicated below: A. Eric Larkin shall be appointed to the Business and Economic Development Board for a term of three (3) years. B. Michael Moulton shall be appointed to the Planning and Zoning Board for a term of three (3) years. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. City of Cape Canaveral Resolution No. 2014-25 Page 1 of 2 ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 16th day of September, 2014. ATTEST: Rocky Randels, Mayor Name FOR AGAINST John Bond Angela Apperson, MMC Bob Hoog City Clerk Buzz Petsos Rocky Randels Betty Walsh Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No. 2014-25 Page 2 of 2 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09/16/2014 Item No. 9 Subject: Resolution No. 2014-26; supporting the goal of the Brevard Tobacco Initiative (BTI) and Students Working Against Tobacco (SWAT) to disseminate information, conduct educational and prevention programs and promote policy changes and enforcement with regard to tobacco; requesting local businesses to restrict the sale and marketing of all flavored tobacco products where youth have access; providing for repeal of prior inconsistent resolutions; and providing for an effective date. Department: Administrative Services Summary: At the September 8, 2014 Space Coast League of Cities dinner meeting, Students Working Against Tobacco (SWAT) presented a brief overview on Candy Flavored Tobacco. They thanked the Cities of Cocoa, Melbourne, Satellite Beach, West Melbourne and the Town of Indialantic for their support and the passing of Candy Flavored Tobacco resolutions. SWAT is Florida's statewide youth organization working to mobilize, educate and equip Florida youth to revolt against and de -glamorize Big Tobacco. They are a united movement of empowered middle school and high school students working towards a tobacco free future. The purpose of SWAT is to provide a means by which the young people of Florida may develop a coordinated, unified assault against the manipulation of Big Tobacco. SWAT also provides young people with the chance to be advocates and to get involved within their state, regions and communities. SWAT allows youth to gain "real-life" experiences through planning, executing and evaluating tobacco prevention activities. Brevard Tobacco Initiative (BTI) is a group of individuals and organizations in Brevard County, Florida dedicated to reducing local tobacco use and its consequences seeking to create a tobacco free community. Staff recommends that City Council support the goal of BTI and SWAT to prevent the use of tobacco by youth and requests businesses to restrict the sale and marketing of all flavored tobacco products where youth have access. Flavored tobacco products are defined as loose tobacco, smokeless tobacco, chewing tobacco, snuff, snus, cigars, cigarillos, flavored electronic cigarettes which simulate smoking and all other forms of tobacco products that contain any product or additive to flavor the tobacco or by-product the tobacco produces. Resolution No. 2014-26 (attached) will become effective immediately upon its adoption by the Cape Canaveral City Council. Submittina Department Director: Anciela Armerson t1l Date: 9/3/14 Attachment: Resolution No. 2014-26 Financial Impact: Staff time and effort to prepare this Agenda item. Reviewed by Finance Director: l Date: I /3 jl� City Council Meeting Date: 9/16/2014 Item No. Page 2 of 2 The City Manager recommends that City Council take the following action: Adopt Resolution No. 2014-26. Approved by City Manager: David L. Greene U`1--l"LDate: q City Council Action: [ ] Approved as Recommended [ ] Disappro [ ] Approved with Modifications Tabled to Time Certain RESOLUTION NO 2014-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUPPORTING THE GOAL OF THE BREVARD TOBACCO INITIATIVE (BTI) AND STUDENTS WORKING AGAINST TOBACCO (SWAT) TO DISSEMINATE INFORMATION, CONDUCT EDUCATIONAL AND PREVENTION PROGRAMS AND PROMOTE POLICY CHANGES AND ENFORCEMENT WITH REGARD TO TOBACCO; REQUESTING LOCAL BUSINESSES TO RESTRICT THE SALE AND MARKETING OF ALL FLAVORED TOBACCO PRODUCTS WHERE YOUTH HAVE ACCESS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Brevard Tobacco Initiative (BTI) and Students Working Against Tobacco (SWAT) are dedicated to disseminating information, conducting educational and prevention programs, and promoting policy changes and enforcement with regard to tobacco; and WHEREAS, both organizations are working towards preventing the use of tobacco by youth; and WHEREAS, tobacco use is the leading cause of preventable death in the United States; and WHEREAS, the Center for Disease Control and Prevention reports that more than 80 percent of current tobacco users started using before the age of 18; and WHEREAS, one in seven Florida youth between the ages of 11 and 17 has tried flavored tobacco; and WHEREAS, while cigarette smoking has declined among Florida youth, the prevalence of cigar smoking has trended upward in recent years; and WHEREAS, new flavored products such as berry, vanilla, chocolate and green apple have emerged, and the Food and Drug Administration reports that flavored tobacco products are especially attractive to young tobacco users; and WHEREAS, studies indicate that our youth are using flavored products because they "taste better" and are perceived to be "safer", but actually carry the same health risks to users as their non -flavored counterparts; and City of Cape Canaveral Resolution No. 2014-26 Page 1 of 3 WHEREAS, the City Council is concerned that flavored tobacco products are being prominently displayed in stores where youth have access, and businesses located in the City are being asked to restrict the sale and marketing of all flavored tobacco products where youth have access; and WHEREAS, the City Council finds that the purpose of this resolution is to protect the public health and welfare by reducing the appeal of tobacco to minors thereby reducing the likelihood that minors will become tobacco users later in life. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Cape Canaveral City Council hereby supports the goal of the Brevard Tobacco Initiative (BTI) and Students Working Against Tobacco (SWAT) to prevent the use of tobacco by youth. Section 2. The Cape Canaveral City Council hereby requests businesses located in the City of Cape Canaveral to restrict the sale and marketing of all flavored tobacco products where youth have access. Section 3. Flavored tobacco products are defined as loose tobacco, smokeless tobacco, chewing tobacco, snuff, snus, cigars, cigarillos, flavored electronic cigarettes which simulate smoking, and all other forms of tobacco products that contain any product or additive designed to flavor the tobacco or by-product the tobacco produces. Section 4. This Resolution shall become effective immediately upon its adoption by the Cape Canaveral City Council. (Adoption page follows) City of Cape Canaveral Resolution No. 2014-26 Page 2 of 3 ADOPTED by the City Council of the City of Cape Canaveral, Florida in a regular meeting assembled on the 16th day of September, 2014. Rocky Randels, Mayor ATTEST: Name FOR AGAINST John Bond Angela Apperson, MMC Bob Hoog City Clerk Buzz Petsos Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney Rocky Randels Betty Walsh City of Cape Canaveral Resolution No. 2014-26 Page 3 of 3 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 9/16/2014 Item No. Subject: Resolution No. 2014-27; temporarily exempting electronic signs from sign permit fees for one year from the effective date of Ordinance No. 04-2014; reserving the City Council right to re -impose said fees prior to that date; providing for the repeal of prior inconsistent resolutions, severability, and an effective date. Department: Communitv & Economic Develo Summary: The City Council adopted Resolution No. 2012-04 on March 20, 2012 suspending sign permit fees for electronic signs until economic conditions improve and providing for the re -imposition of said fees at the City Council's discretion. In acknowledgment of the general improvement of economic conditions, the attached Resolution signals that City Council still desires to continue to exempt electronic signs from the City sign permit fees for an additional twelve (12) months (Fee Exemption Period) from the effective date of Ordinance No. 08-2014 (the Sign Code) as a matter of public interest. In order to be eligible for the fee exemption, a complete sign permit application must be filed for an electronic sign within the Fee Exemption Period. The issuance of a sign permit shall still be required prior to the construction of a new electronic sign or a conversion of an existing non -electronic sign to an electronic sign. Any person failing to obtain said permit shall not be entitled to the fee exemption set forth herein and shall be liable for double permit fees and subject to other applicable Code enforcement regulations. All other provisions of Chapter 94 Signs, not affected by this Resolution, shall remain in full force and effect. The Resolution retains City Council's right to adopt a resolution, at its sole discretion, to re -impose sign permit fees on electronic signs at any time prior to the expiration of the Fee Exemption Period. Resolution No. 2012-04 shall be deemed repealed upon adoption of Ordinance No. 08-2014. This Resolution shall become effective immediately upon adoption by the City Council. However, the sign permit fee exemption shall only take effect if Ordinance No. 08-2014 is adopted by the City Council. Should Ordinance No. 08-2014 not be adopted within three (3) months of the adoption of this Resolution, this Resolution shall hereby be deemed automatically repealed and no longer in effect. Submitting Department Director: Todd Attachment: Resolution No. 2014-27 Date: 9/3/14 Financial Impact: Costs involved in the creation this Resolution and foregone revenue from electronic sign permit fees. Reviewed by Finance Director: John Date: gI3M City Council Meeting Date: 9/16/2014 Item No. Page 2 of 2 The City Manager recommends that City Council take the following action: Adopt Resolution No. 2014-27. Approved by City Manager: David L. Greene OV -A- Date: City Council Action: [ ] Approved as Recommended [ ] Disap [ ] Approved with Modifications Tabled to Time Certain RESOLUTION NO 2014-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, TEMPORARILY EXEMPTING ELECTRONIC SIGNS FROM SIGN PERMIT FEES FOR ONE YEAR FROM THE EFFECTIVE DATE OF ORDINANCE NO. 04-2014; RESERVING THE CITY COUNCIL RIGHT TO RE- IMPOSE SAID FEES PRIOR TO THAT DATE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority under Section 2 (b) Article VIII of the State Constitution to exercise any power for municipal purposes except when expressly prohibited by law; and WHEREAS, in 2009 the City Council substantially revised the City sign regulations and permitted electronic signs in the City of Cape Canaveral subject to certain limitations; and WHEREAS, the City Council is currently considering second reading and adoption of Ordinance No. 08-2014 substantially modifying the City's sign code regulations; and WHEREAS, the City Council adopted Resolution No. 2012-04 on March 20, 2012 suspending sign permit fees for electronic signs until economic conditions improve and providing for the re- imposition of said fees at the City Council's discretion; and WHEREAS, although the City Council acknowledges a general improvement of economic conditions, the City Council still desires to continue to exempt electronic signs from the City sign permit fees for an additional twelve (12) months from the effective date of Ordinance No. 08-2014 as a matter of public interest; and WHEREAS, the City Council of the City of Cape Canaveral deems that this Resolution is in the best interests of the public health, safety and welfare of the citizens of Cape Canaveral; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference and are deemed a material part of this Resolution. Section 2. Temporary Permit Fee Exemption for Electronic Signs. Electronic signs are hereby temporarily exempt from the City sign permit fees imposed pursuant to section 94-35 of the City Code and set forth in Appendix B Schedule of Fees for a period of twelve (12) months from the Effective Date of Ordinance No. 08-2014 ("Fee Exemption Period"). In order to be eligible for the fee exemption, a complete sign permit application must be filed for the electronic sign within the Fee Exemption Period. The issuance of a sign permit shall still be required prior to the construction of a new electronic sign or a conversion of an existing non -electronic sign to an electronic sign. Any person failing to obtain said permit shall not be entitled to the fee exemption set forth herein and shall be liable for double permit fees City of Cape Canaveral Resolution No. 2014-27 Page 1 of 2 and subject to other applicable code enforcement regulations. All other provisions of Chapter 94 Signs, not affected by this Resolution shall remain in full force and effect. Section 3. Re -imposition of Electronic Sign Permit Fee. Upon the expiration of the Fee Exemption Period, as defined in Section 2, electronic signs shall be subject to all applicable sign permit fees. The City Council retains the right to adopt a resolution, at its sole discretion, to re -impose sign permit fees on electronic signs at any time prior to the expiration of the Fee Exemption Period. Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Specifically, without limiting the foregoing sentence, Resolution No. 2012-04 shall be deemed repealed upon adoption of Ordinance No. 08-2014. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council. However, the sign permit fee exemption established by sections 2 and 3 shall only take effect if Ordinance No. 08-2014 is adopted by the City Council of the City of Cape Canaveral Florida. Should Ordinance No. 08-2014 not be adopted within three (3) months of the adoption of this Resolution, this Resolution shall hereby be deemed automatically repealed and no longer in effect. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 16th day of September, 2014. Rocky Randels, Mayor ATTEST: Name FOR AGAINST John Bond Angela Apperson, MMC Bob Hoog City Clerk Buzz Petsos Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney Rocky Randels Betty Walsh City of Cape Canaveral Resolution No. 2014-27 Page 2 of 2 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 9/16/2014 Item No. -i5- Subject: Resolution No. 2014-28; adopting a revised Solid Waste Franchise Agreement with Waste Pro of Florida, Inc.; adopting the solid waste rates set forth in the Solid Waste Franchise Agreement; providing for repeal of prior inconsistent resolutions, severability, and an effective date. rtment: Administrative Services Summary: In 2009, the City published a Request for Proposals for Solid Waste Services. On July 21, 2009, the City Council requested the City Manager negotiate a contract with Waste Pro of Florida, Inc. Resolution No. 2009-24, adopting a solid waste agreement, rates and a Memorandum of Agreement, was approved by the City Council on August 4, 2009 (Attachment #1). The contract term is from 10/1/2009 to 09/30/2014 with two five (5) year renewals. On 7/19/2011, the City and the Contractor mutually agreed to amend the Agreement to streamline/simplify billing for Commercial customers to include the billing for wheels and lock bars services provided by Waste Pro. Over the five years of the contract period, the rates have increased 8.84%, which represents CPI for each year. City Staff and Waste Pro have negotiated a Renewal Agreement, which incorporates the prior Agreement, the Memorandum of Agreement and the 2011 amendment into one document. The Renewal Agreement is attached to Resolution No. 2014-28 (Attachment #2). The highlights are as follows: • Definitions (2.0): o Clarified Commercial Service. o Changed CPI reference category from D to B/C. o Added E -Waste. o Clarified Recycling Container. o Changed Refuse Container to require the Contractor to retain ownership of the carts. o Changed Residential to include multiple dwelling units and mobile home/RV parks. o Clarified Residential service to be consistent with change to Residential. o Clarified Vegetative Waste to require hired contractors and landscapers to haul away debris produced by their activities. • Grant or Franchise (3.0) - increases the exclusive franchise from collection and transporting solid waste to include construction and demolition debris. • Holidays (4.1 F) - The Contractor currently collects waste on most holidays. The renewal contract allows for flexibility of collection on holidays which they do not collect waste. Advanced notification of Customers is required. Methods of notification include Newspaper, City website, marquee and citizen notification system (aka - Blackboard Connect). • Litter and Dangerous Animals (4.1 H) - added a requirement for Contractor to pickup/dispose of "road kill'. • Residential Service (4.2) - requires payment for collection of yard waste exceeding collection standards. City Council Meeting Date: 9/16/2014 Item No. S Page 2 of 3 • Commercial Service (4.3) — requires payment for collection of yard waste exceeding collection standards. • Multiple Dwelling Units (4.4) — requires payment for collection of yard waste exceeding collection standards. • City Controlled Property (4.5) — continues the free service the City receives for all City property listed in Exhibit "B", to the renewal Agreement (Attachment #2). • Construction and Demolition Debris Service (4.7) — provides the exclusive right for collection of construction and demolition debris, with the exception of contractors hauling their own construction and demolition debris. • Tire Collection (4.10) — limits the collection to four tires per household per year. • Rates and Charges (5.0) — Attachment #3 shows solid waste rates for several Municipalities within Brevard County as well as tax rate information for same. This table indicates the City is positioned very favorably and competitively. All increases or changes will begin with the January 2015 billing. Exhibit "A", to the Agreement (see Attachment #2) is the entire rate schedule. A summary of changes: o The City will only pay the contractor the amounts collected rather than the amounts billed. Over the contract life, the variance is a negative $2,350; however, from July 2013 to July 2014 the variance is a positive $176. With this change, the City will no longer absorb any variance. o Rates increase annually by the CPI for the life of the contract. o Currently condos, apartments and mobile homes/RV parks are all receiving vegetative waste collection, but not paying for it. To correct this inequity and compensate Waste Pro for services provided for the past five years, the following changes will occur in addition to the CPI increase: ■ Mobile home/RV parks will be charged the same rates as single family (SFR1). This will then include the pickup of vegetative waste which meets the collection standards, single stream recycling service and will eliminate the payment for two billing fees. The net increase for each mobile home unit is $2.57 per month. ■ Condos, apartments and mobile home/RV parks utilizing commercial service (dumpsters) currently pay separately for Recycling Service at a rate of $1.91 per unit. The Recycling Service Fee will increase to include a $1.00 charge per unit for vegetative waste collection. The total charge will be $2.91 per unit. o The Contractor will pay the City a yearly $100,000 Franchise Fee and the fee will increase annually by the CPI. The Fee shall not be passed along to the customer. This furthers Council goals to diversify revenue streams and reduces reliance upon Ad Valorem Taxes by charging users for services provided. • Performance Bond (12.0) — the Bond must be issued by a surety with an A- or higher rating. The Bond or letter of credit shall be forfeited as liquidated damages if the contractor abandons or cancels with less than 180 days written notice. The prior contract had no requirement for surety rating and only required forfeiture for less than 90 days' notice. 0 Commercial General Liability (16.7) — added a requirement for $2,000,000 City Council Meeting Date: 9/16/2014 Item No. -.5-- Page 3 of 3 aggregate liability and excess liability of $5,000,000 each occurrence. • Books and Records Available to City 0 9.0) — changed language to meet requirements of Florida Statute Section 119.0701, which requires Contractor's records related to the contract to be public records and removed the requirement for a quarterly report. • Effective Date/Term (23.0) — The Contract is effective 10/1/2014 to 09/30/19 and provides additional five (5) year renewals by mutual agreement. • Liquidated Damages (25.0) — most fees were doubled. • Title to Refuse (29.0) — restructured to allow the contractor to own the materials once they are collected. There is no loss in revenue because the recycling must be hauled out of the county and the cost of collection exceeds revenue paid for the materials. • Public Awareness Campaign (30.0) — the $2,000.00 provided for public awareness of the City's recycling program will increase by 2.5% yearly. Submitting Department Director: Angela Apperson Date: 9/3/14 Attachment(s): V #1 — Resolution No. 2009-24 with exhibits. #2 — Resolution No. 2014-28 with exhibits. #3 — Solid Waste Rates within Brevard Count Financial Impact: The General Fund will receive an additional $100,000. for the Franchise Fee, which will increase by the CPI yearly. As a result of the contractor being paid the amounts collected rather than the amounts billed, the City will realize a savings which cannot be quantified as it is dependent upon payment by customers. The Public Awareness Campaign funds will increase 2.5% yearly. Staff time and costs to prepare this agenda item. Reviewed by Finance Director: John DeLeo Date: //Y— The City Manager recommends that City Coun i take the following action: Adopt Resolution No. 2014-28 with exhibits. Approved by City Manager: David L. Greene 0 `��'O Date: FIRIM City Council Action: [ ] Approved as Recommended [ ] Di ap roved [ ] Approved with Modifications [ ] Tabled to Time Certain Attachment 1 RESOLUTION NO. 2009-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, ADOPTING A NEW SOLID WASTE FRANCHISE AGREEMENT WITH WASTE PRO OF FLORIDA, INC. EFFECTIVE OCTOBER 1, 2009; ADOPTING THE SOLID WASTE RATES SET FORTH IN THE SOLID WASTE FRANCHISE AGREEMENT; ADOPTING A MEMORANDUM OF AGREEMENT WITH WASTE PRO OF FLORIDA, INC. RELATED TO ENHANCED SERVICES AND EQUIPMENT; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, there is an immediate and continuing need for the collection and disposal of bulk trash, refuse, vegetative waste, recyclable materials, white goods, and construction and demolition debris from residents, businesses, an other entities within the municipal boundaries of the City of Cape Canaveral; and WHEREAS, Waste Pro of Florida, Inc. ("Waste Pro") has the necessary equipment, personnel, and experience to properly collect and dispose of solid waste; and WHEREAS, it appears to be in the best interests of the public health, safety, and welfare of the citizens of the City of Cape Canaveral and its resident businesses and entities to award a franchise to Waste Pro of Florida, Inc. to provide for the collection and disposal ofbulk trash, refuse, vegetative waste, and recyclable materials as agreed upon in the attached Solid Waste Agreement, effective October 1, 2009; and WHEREAS, consistent with the requirements of section 62-5 of the City Code, the City Council desires to expressly approve the solid waste rates set forth in the attached Solid Waste Agreement; and WHEREAS, Waste Pro has offered to provide enhanced services and equipment during the term of the Franchise Agreement which are memorialized as set forth in the attached Memorandum of Agreement dated August 4, 2009; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Resolution to be in the best interests of the public health, safety, and welfare of the citizens of Cape City of Cape Canaveral Resolution No. 2009-24 Page 1 of 3 Canaveral. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference and are deemed a material part of this Resolution. Section 2. Adoption of Solid Waste Franchise Agreement. The City Council of the City of Cape Canaveral, Florida hereby approves and adopts the Solid Waste Agreement dated August 4, 2009 between the City of Cape Canaveral, Florida and Waste Proof Florida, Inc. A copy of said Agreement is attached hereto as "Attachment A," and is fully incorporated herein by this reference, and shall become effective on October 1, 2009. Section 3. Adoption of Solid Waste Rates. The City Council of the City of Cape Canaveral, Florida hereby approves and adopts the solid waste rates set forth in "Exhibit A" to the Solid Waste Agreement, attached hereto as "Attachment A." Section 4. Adoption of Memorandum of Agreement. The City Council of the City of Cape Canaveral, Florida hereby approves and adopts the Memorandum of Agreement dated August 4, 2009 between the City of Cape Canaveral, Florida and Waste Proof Florida, Inc. A copy of said Memorandum of Agreement is attached hereto as "Attachment B," and is fully incorporated herein by this reference. Section 5. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 7. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. [SIGNATURE PAGE FOLLOWS] City of Cape Canaveral Resolution No. 2009-24 Page 2 of 3 RESOLVED by the City Council of the City of Cape Canaveral, Florida this 4th day of August, 2009. ATTEST: MI OTO H, Acting Deputy City Clerk Approved as to legal form and sufficiency for the Cit Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney Q© ROCKY RAND LS, Mayor Bob Hoog Buzz Petsos Rocky Randels C. Shannon Roberts Betty Walsh City of Cape Canaveral Resolution No. 2009-24 Page 3 of 3 For Against Second Motion X X X Res. No. 2009-24 Attachment A THIS AGREEMENT made and entered into this 4th day of August, 2009, by and between the CITY OF CAPE CANAVERAL, FLORIDA, a Florida Municipal Corporation, located at 105 Polk Avenue, Cape Canaveral, Florida 32920 (hereinafter "City") and WASTE PRO OF FLORIDA, INC., a Florida Corporation, located at 2101 W. State Road 434, Suite 315, Longwood, Florida 32779 (hereinafter "Contractor"). WITNESSETH: WHEREAS, there is an immediate and continuing need for the collection and disposal of bulk trash, refuse, vegetative waste, and recyclable materials from residents, businesses, and other entities within the municipal boundaries of the City of Cape Canaveral; and WHEREAS, the City has recently completed a competitive bidding process for the collection and disposal of bulk trash, refuse, vegetative waste, and recyclable materials within the City of Cape Canaveral; and WHEREAS, Contractor has the necessary equipment, personnel, and experience to properly perform the collection and disposal services described herein; and WHEREAS, upon review of the competitive bids submitted, the City Council of the City of Cape Canaveral has determined that Contractor's bid was the lowest and most responsible bid submitted, and the City Council has determined that it is in the best interests of the public health, safety, and welfare of the citizens of the City of Cape Canaveral and its resident businesses and entities to award a franchise to Contractor to provide for the collection and disposal of bulk trash, refuse, vegetative waste, and recyclable materials upon the terms and conditions more particularly described herein. NOW THEREFORE, in consideration of the mutual covenants, agreements, and consideration contained herein, the City and Contractor agree as hereinafter set forth: 1.0 Recitals. The foregoing recitals are true and accurate and are incorporated herein by reference. 2.0 ]Definitions. The following words and phrases contained in this Agreement shall have the meaning ascribed in this section unless the context clearly indicates otherwise: 2.1 Authorized Representative: Shall mean the City Manager or his designee who shall represent the City in the administration and supervision of the Agreement. The City Manager's designee, if any, shall be appointed in writing, and said appointment may be for the administration and supervision of this Agreement, in whole or in part. Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 1 of 40 Res. No. 2009-24 Attachment A 2.2 Biohazardous Waste: Shall mean any solid waste or liquid waste which may present a threat of infection or disease to humans or may reasonably be suspected of harboring pathogenic organisms. The term includes, but is not limited to, non -liquid human tissue and body parts; laboratory and veterinary waste which contain human - disease -causing agents; used or contaminated disposable sharps (e.g. hypodermic needles, syringes, broken glass, and scalpel blades), human blood, and human blood products and body fluids; and other materials which in the opinion of the Department of Health and Rehabilitative Services represent a significant risk of infection to persons outside the generating facility. 2.3 Biological Waste: Shall mean solid waste that cause or has the capability of causing disease or infection and includes, but is not limited to, Biohazardous waste, diseased or dead animals, and other waste capable of transmitting pathogens to humans or animals. 2.4 Bulk Trash: Shall mean any non -vegetative item which cannot be containerized, bagged or bundled; including, but not limited to, inoperative and discarded refrigerators, ranges, toilets, washers, dryers, bath tubs, water heaters, sinks, bicycles, and other similar appliances, household goods, and furniture and shall not be commingled with vegetative waste. 2.5 City: Shall mean the City of Cape Canaveral, a Florida Municipal Corporation located in Brevard County, Florida, acting through its City Council or Authorized Representative. 2.6 City Council: Shall mean the City Council of the City of Cape Canaveral, Florida. 2.7 City Code or Code: Shall mean the Code of Ordinances of the City of Cape Canaveral, Florida. 2.8 Collection and Disposal Service: Shall mean the process whereby refuse, bulk trash, vegetative waste, or recyclable material is collected and transported for disposal by Contractor under this Agreement to a designated facility or some other approved disposal facility. 2.9 Collection Equipment: Shall mean any vehicle or equipment that is used by Contractor to perform the collection and disposal service required by this Agreement. 2.10 Collection Vehicle: Shall mean any vehicle that is used by Contractor to perform the collection and disposal service required by this Agreement. Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 2 of 40 Res. No. 2009-24 Attachment A 2.11 Collection Regulations: Shall mean any local, state, and federal laws and administrative rules that regulate any and all aspects of collection and disposal services, as may be in existence during the term of this Agreement. 2.12 Commercial Service: Shall herein refer to the collection and disposal service provided to business establishments, churches, schools, multiple dwelling units, office buildings and other commercial establishments. 2.13 Commercial Trash: Shall mean any and all accumulations ofpaper, rags, excelsior or other packing materials, furniture, appliances, wood, paper or cardboard boxes or containers, sweepings, and any other similar accumulation not included under the definition of garbage, generated by the operation of stores, offices, and other commercial establishments. Commercial trash shall not include special waste. 2.14 Complaint: Shall mean verbal or written indication from a customer or the Authorized Representative of a problem with any aspect of the collection and disposal services provided by Contractor pursuant to this Agreement, whether or not the problem results in a service call by Contractor. 2.15 Construction and Demolition Debris: Shall have the same meaning proscribed in 62-701.200(27), Florida Administrative Code, which at the effective date of this Agreement means: Discarded materials generally considered to be not water soluble and non -hazardous in nature, including but not limited to steel, glass, brick, concrete, asphalt material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, including such debris from construction of structures at a site remote from the construction or demolition project site. The term includes rocks, soils, tree remains, trees, and other vegetative matter which normally results from land clearing or land development operations for a construction project; clean cardboard, paper, plastic, wood, and metal scraps from a construction project. Further, except as provided in Section 403.707(12)6), Florida Statutes, this term shall also include unpainted, non -treated wood scraps from facilities manufacturing materials used for construction of structures or their components and unpainted, non -treated wood pallets provided the wood scraps or pallets are separated from other solid waste where generated and the generator of such wood scraps or pallets implements reasonable practices ofthe generating industry to minimize the commingling ofwood scraps or pallets with other solid waste; and de minimis amounts of other nonhazardous wastes that are generated at construction or demolition projects, provided such amounts are consistent with best management practices of the construction and demolition industries. Mixing of construction and demolition debris with other types of solid waste will cause it to be classified as other than construction and demolition debris. Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 3 of 40 Res. No. 2009-24 Attachment A 2.16 Contract or Agreement: Shall mean this Contract, and any amendments and renewals from time to time, executed by the City and the Contractor for the performance of the collection and disposal services described herein. 2.17 Contractor or Franchisee: Shall mean Waste Pro of Florida, Inc. and its directors, officers, employees, agents, contractors, and assigns. 2.18 CPI: Shall mean the Consumer Price Index (1982-84=100) for the U.S. City average - all items - all urban customers - south, population less than 50,000, published by the United States Department of Labor, Department of Labor Statistics. 2.19 Customer: Shall mean City and any person, establishment or entity who receives, is required to receive, or requests collection and disposal services within the service area. 2.20 Designated Facility: Shall mean a disposal processing, recovery, recycling or transfer facility designated by the Authorized Representative. 2.21 Disposal Costs: Shall mean the "tipping fees" or landfill costs charged to the Contractor by others for the disposal of solid waste collected by the Contractor in performing collection and disposal services provided hereunder. 2.22 Dispute: Shall mean a disagreement between Contractor and City concerning a question of fact, interpretation of this Agreement, Contractor's compliance and performance with the terms and conditions of this Agreement, and Contractor's level of service provided while performing collection and disposal services. A dispute does not include a disagreement concerning an annual evaluation as provided in paragraph 9.3. 2.23 Franchise: Shall mean an initial authorization or renewal thereof, voluntarily entered into by the Contractor and issued by the City, whether such authorization is referred to as a franchise permit, license, ordinance, resolution, agreement, contract or otherwise, which authorizes collection and disposal services within the service area. All Franchises shall be presumed to be non-exclusive unless otherwise specifically authorized by City in writing. Any such authorization, in whatever form granted, shall not mean or include any franchise or permit required for the privilege of transacting and carrying on a business within the service area as required by other Code provisions and ordinances of the City. 2.24 Garbage: Shall mean all putrescible waste which generally includes, but is not limited to, kitchen and table food waste, animal, vegetative, food or any organic waste that is attendant with or results from the storage, preparation, cooking or handling of food materials whether attributed to residential or commercial activities. Garbage shall not include special waste. Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 4 of 40 Res. No. 2009-24 Attachment A 2.25 Hazardous Waste: Shall mean waste defined as hazardous waste pursuant to local, state, and federal law. 2.26 Household Trash: Shall mean the accumulation of paper, excelsior, rags, wooden or paper boxes and containers, sweepings, broken toys, tools, utensils, whole automobile tires (not to exceed an amount permitted by the designated facility), construction and demolition debris from "do-it-yourself' projects not to exceed two cubic yards per customer per collection, and all other accumulations of a similar nature other than garbage and vegetative waste, which are usual to housekeeping, Bo - it -yourself home improvements, and home occupations (as defined by City Code). 2.27 Mechanical Container: Shall mean and include plastic or metal containers 2 cubic yards and greater dumped mechanically by a collection vehicle and able to be serviced by Contractor. 2.28 Multiple Dwelling Units: Shall mean any building containing three (3) or more permanent living units, not including motels and hotels, and any mobile home park. 2.29 Performance and Payment Bond or Letter of Credit: Shall mean the form of security approved by the City and fiunished by the Contractor as required by this Contract as a guarantee that the Contractor will perform the collection and disposal services in accordance with the terms of the Contract. 2.30 Recyclable Materials: Shall mean newspapers (including inserts), aluminum cans and tin cans, plastic containers (HDPE and PET), brown, clear and green glass bottles and jars, and other solid waste materials added upon written Agreement between the City and the Contractor, when such materials have been either diverted from the remaining solid waste stream or removed prior to their entry into the remaining solid waste stream. 2.31 Recycling: Shall mean any process by which recyclable materials are collected, separated, and processed for purposes of extracting or reusing the raw materials contained in the recyclable materials. 2.32 Recycling Container: Shall mean a minimum fourteen (14) gallon recycling bin or larger cart used by residential customers and one or more ninety (90) gallon recycling center bins for commercial and multiple dwelling unit customers, or other types of recycling bins approved by the Authorized Representative, to store recyclable materials for collection and disposal service. 2.33 Refuse: Shall mean commercial trash, household trash and garbage, or a combination or mixture thereof. Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 5 of 40 Res. No. 2009-24 Attachment A 2.34 Refuse Container: Shall mean a heavy plastic receptacle, with a rated capacity of not more than ninety-six (96) gallons, having hinged tight -fitting lid and wheels, which is designed or intended to be used for automated or semi -automated collection. Carts will be provided by and distributed by the Contractor. Contractor shall retain ownership of the Carts unless it opts to relinquish same to the City at the conclusion of the Agreement. 2.35 Rolloff Container: Shall mean a dumpster which is used for the collection and disposal of construction and demolition debris or solid waste. The rolloff container may be of the open or enclosed variety and is typically hoisted onto a specifically equipped truck for transporting the construction and demolition debris or solid waste to a designated facility. 2.36 Residential: Shall mean single family detached homes, duplexes and triplexes. 2.37 Residential Service: Shall mean collection and disposal services provided to persons occupying residential dwelling units who are not receiving commercial service under this Agreement. 2.38 Service Area: Shall mean the area within the municipal boundaries of the City of Cape Canaveral, Florida, as may be modified from time to time pursuant to Chapter 171, Florida Statutes. 2.39 Sludge: Shall mean the accumulated solids, mixed liquids, residues, and precipitates generated from wastewater treatment, water supply treatment, air pollution control facilities, septic tanks, grease traps, privies, or similar waste disposal appurtenances. 2.40 Solid Waste: Shall mean bulk trash, refuse, vegetative waste, and recyclable materials or any combination thereof. 2.41 Special Waste: Shall mean solid wastes that require special handling and management by Contractor, and which are not accepted at the designated facility or other disposal facility or which are accepted at the designated facility or other disposal facility at higher rates than is charged for refuse, including, but not limited to, asbestos, whole tires which do not constitute household trash, used oil, lead -acid batteries, and biohazardous wastes. 2.42 Transfer means the disposal by this Agreement, directly or indirectly, by gift, assignment, voluntary sale, merger, consolidation or otherwise, of twenty percent (20%) or more at one time of the ownership or controlling interest of Contractor, or thirty-five percent (35%) cumulatively over the term of the Agreement of such interests to a corporation, partnership, limited partnership, trust or association, or person or group of persons acting in concert or a change in control. Transfer shall Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida Inc. Page 6 of 40 Res. No. 2009-24 Attachment A not include any transfer or assignment to a person controlling, controlled by, or under the same common control as the Contractor at the effective date of this Agreement. 2.43 Vegetative Waste: Shall mean any vegetative matter resulting from routine and normal yard and landscaping maintenance generated on site and shall include materials such as tree and shrub materials, grass clippings, palm fronds, Christmas trees, tree branches and similar vegetative matter usually produced in the care of lawns, landscaping and yards. 3.0 Grant of Franchise. There is hereby granted to Contractor an exclusive right, privilege or franchise to collect and transport for disposal solid waste within the service area, during the term of this Agreement and subject to the limitations and conditions as set forth in this Agreement. All rights granted to Contractor hereunder shall be subject to the continuing right of the City to regulate the City's rights-of-way and to protect the public health, safety, and welfare as shall, at the sole discretion of the City, be in the public's interest. The grant of this franchise shall not affect the City's right to provide collection and disposal services not expressly and unambiguously provided hereunder to Contractor on an exclusive basis or during an emergency. In the event of any conflict or ambiguity hereunder as to whether a collection and disposal service is exclusively granted to Contractor, the conflict or ambiguity shall be construed as granting Contractor a non-exclusive franchise with respect to the collection and disposal service at issue. Nothing under this Agreement shall be construed as providing any franchise for collection and disposal services not expressly provided for hereunder. 4.0 Scope of Work. It is the intent of this franchise to provide for the exclusive collection and disposal service of solid waste within the service area, with the exception of the exclusions specifically set forth in this Agreement. Contractor shall perform the collection and disposal service under the following terms and conditions, all of which shall be a material part ofthis Agreement: 4.1 General Requirements: Contractor shall fully comply with the following: A. Laws and Regulations. Contractor shall be familiar and comply with all collection regulations and shall be solely responsible for determining, absorbing, and adjusting to the financial and practical impact such regulations have on its operation, subject to Contractor's ability to petition the City Council for a rate adjustment pursuant to paragraph 5.6 of this Agreement. B. Labor, Insurance, Equipment, etc. Contractor shall provide, at its sole cost and expense, all labor, insurance, supervision, machinery, equipment, plant and office buildings, tracks, and other tools, equipment, and accessories necessary to perform the collection and disposal services in accordance with the level of service required by this Agreement. Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 7 of 40 Res. No. 2009-24 Attachment A C. Protection of Public]Private Property and Utilities. Contractor shall conduct his work in such a manner as to avoid damage to private or public property and shall repair or pay for any damage caused by its operations, except reasonable wear and tear to roadways. Contractor shall have knowledge of all existing utilities and it shall operate with due care in the vicinity of such utilities and shall repair or have repaired, at no additional cost to the customer or utility owner, any breakage or damage caused by its operations. D. Spillage. Contractor shall not cause any spillage of solid waste to occur upon private or public property or the rights-of-way wherein the collection and disposal service occurs. Collection and disposal service shall be performed by Contractor to avoid leaking, spilling, and blowing of solid waste. In the event of any spillage caused by Contractor, Contractor shall promptly clean up all spillage at its expense. Contractor shall maintain sufficient equipment on each collection vehicle (e.g. fork, broom, shovel) to pick up spillage. In addition, Contractor shall promptly clean up all fluid spillage from collection equipment to the maximum extent feasible and promptly notify the Authorized Representative of all such fluid spillage. E. Designated Facility. All solid waste shall be hauled to a designated facility as directed in writing by the Authorized Representative and disposed of at those facilities. At present such designated facility includes the Brevard County disposal facility. F. Holidays. Contractor shall not provide collection and disposal service on holidays observed by the City. The City shall provide a list of such holidays to the Contractor annually. Any disposal and collection service that would have been regularly provided, but for the holiday, shall be provided the day after the holiday. Further, unless otherwise directed by the Authorized Representative in writing, Contractor shall maintain the frequency of collection required by paragraphs 4.2(A), 4.3(A), and 4.4(A) during holiday weeks. Contractor shall inform the customers of any variance in the collection schedules resulting from a holiday at least five (5) days prior to each holiday. G. Contractor's Office. Contractor shall provide, at its sole cost and expense, a suitable office located within reasonable proximity to the service area. Within said office, Contractor shall maintain, during Contractor's normal working hours, a staff and a local telephone number where complaints and requests for collection and disposal service shall be received, recorded in a log, and handled during Contractor's normal working hours. The office shall also provide for a means to promptly handle emergency complaints and requests for service. Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 8 of 40 Res. No. 2009-24 Attachment A H. Litter and Dangerous Animals. Contractor shall not be responsible for scattered solid waste which can be categorized as litter unless the same has been caused by Contractor's acts or omissions, in which case, all such scattered solid waste shall be picked up immediately by Contractor. Contractor shall maintain sufficient equipment on each collection vehicle (e.g. fork, broom, shovel) to pick up such scattered solid waste. Contractor shall not be required to expose themselves to the danger of being bitten by vicious dogs and animals, roaming at large, in order to accomplish collection and disposal services. However, in the event Contractor is unable to provide collection and disposal services to a customer under such conditions, Contractor shall immediately notify the customer, in writing, of such conditions and its inability to provide such collection and disposal services. I. Hours and Days. Except for unusual circumstances approved by the Authorized Representative in writing or as otherwise provided elsewhere in this Agreement, Contractor shall not perform collection and disposal services prior to 7:00 A.M. or after 7:00 P.M., E.S.T., Monday through Saturday. No collection and disposal services shall normally occur on Sundays and holidays designated in paragraph 4.1(F) unless authorized in writing by the Authorized Representative. J. Tagging Solid Waste Improperly Containerized. In the event solid waste is not containerized, bundled, or piled pursuant to this Agreement and Contractor does not perform collection and disposal services regarding such solid waste, Contractor shall tag the container, bundle, or pile or subject property with a written notice containing a brief explanation why the container, bundle, or pile was not collected and disposed of and promptly notify the Authorized Representative. The solid waste shall be collected and disposed of at the next regularly scheduled collection day, provided the solid waste is properly containerized, bundled, or piled. K. Customer Report; City Billing Database. Contractor and City agree that the monthly customer report required to be maintained and filed by Contractor pursuant to paragraph 19.3(A) is vital to keeping an accurate account of all customers receiving collection and disposal services under this Agreement and for ensuring accurate billing of customers by City. To this end, Contractor and City agree that each party must diligently maintain an accurate, up-to-date list of customers and the collection and disposal services received by those customers. The Contractor shall promptly notify the City of any new and existing Customers requesting collection and disposal services and any current Customers terminating such services. L. Site Plan/Development Review. City shall notify Contractor of pending site plan and development review applications in order to give Contractor an Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 9 of 40 Res. No. 2009-24 Attachment A opportunity to comment during the review process on the placement of refuse or mechanical containers and the point of collection of solid waste. 4.2 Residential Service. Contractor shall provide residential collection and disposal service to residential customers as follows: A. Frequency of Collection. Contractor shall provide collection and disposal services for household trash and garbage at least two (2) times per week, with collections at least three (3) days apart, and for bulk trash, vegetative waste, and recyclable materials not less than once per week. B. Point of Collection. Collection of household trash, garbage, bulk trash, vegetative waste, and recyclable materials shall be within five (5) feet of curbside. In the event an appropriate location cannot be agreed upon by the customer and Contractor, the Authorized Representative shall designate the location. The Contractor and Authorized Representative shall mutually agree upon point of collection locations for non -conforming service areas. For customers that are certified by a doctor as disabled and are unable to place household trash, garbage, or recyclable materials at the curb, collection shall be from the disabled customer's garage door or some other location acceptable to the customer, and the refuse container and recycling container shall be returned by Contractor to the garage door or other location reasonably convenient to customer. C. Containers and Preparation. Household Trash and Garbage. Garbage and household trash shall be placed only in carts. Contractor shall be required to provide collection and disposal services for all household trash and garbage generated from residential customers which has been properly prepared and stored in a refuse container provided under the Automated Cart Program. 2. Recyclable Materials. Contractor shall be required to provide collection and disposal services for all recyclable materials generated from residential customers which have been properly prepared and stored in a recycling container. Vegetative Waste. Contractor shall be required to provide collection and disposal services for all vegetative waste generated from residential customers provided same are placed in a refuse container (cart) provided under the Automated Cart Program. Vegetative waste shall be segregated from the garbage and household trash which shall be placed in a separate cart. All leaves and pine needles, ornamental Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 10 of 40 Res. No. 2009-24 Attaclunent A shrubs, clippings and tree trimmings with branches less than 3 inches in diameter making up not more than one cubic yard shall be placed in the cart. Up to 20 branches from Queen and Royal palms shall be collected provided that same are cut appropriately and placed in the cart. 4. Household Trash. Contractor shall be required to provide collection and disposal services for all bulk trash generated from residential customers regardless of whether it is containerized. 4.3 Commercial Service. Contractor shall provide commercial collection and disposal service to commercial customers as follows: A. Frequency of Collection. Contractor shall provide collection and disposal services for commercial trash and garbage at least two (2) times per week, and more frequently as mutually agreed to by Contractor and the commercial customer, and for vegetative waste and recyclable materials (if vegetative waste and/or recyclable material service is requested by customer) not less than once per week. B. Point of Collection. Collection of commercial trash, garbage, vegetative waste, and recyclable material shall be at a location mutually agreed upon by the customer and Contractor, and approved by the Authorized Representative. If mutual agreement cannot be reached between customer and Contractor, the Authorized Representative shall designate the location. However, in the event the location was approved as part of a City or County site plan or development review process, the location shall be as shown on the final approved site or development plan. To the maximum extent feasible, the designated location shall be located in a place that provides for safe, convenient, and expedient access by Contractor. C. Containers and Preparation. Commercial Trash and Garbage. Contractor shall be required to provide collection and disposal services for all commercial trash and garbage generated by commercial customers which has been properly prepared and stored in a refuse container, mechanical container, rolloff container, or compactor under the following conditions: a. Customers shall be permitted to use refuse containers (carts) provided the amount of commercial trash and garbage per collection can be stored in a maximum of four (4) carts; otherwise, customers shall be required to use one or more of the following: mechanical containers, compactor service, or Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 11 of 40 Res. No. 2009-24 Attachment A rolloff containers. Contractor shall provide such customers with one (1) 96 gallon cart. Customers may purchase carts for $70.00 each and shall pay the service rate as set forth in Exhibit B, currently $3.00 per month. b. Contractor shall be required to provide an adequate number of mechanical containers, compactors, or rolloff containers to customers who request or exceed the maximum number of refuse containers. Mechanical containers and rolloff containers shall be provided at Contractor's sole expense and shall remain the property of Contractor, unless the mechanical container or rolloff container is owned by the customer. Compactors shall be provided as mutually agreed to by Contractor and customer. 2. Recyclable Materials. Contractor may provide collection and disposal services for recyclable materials generated from commercial customers who specifically request such service or as required by City. If requested, recyclable materials shall be properly prepared and stored in a recycling container. 3. Vegetative Waste. Contractor shall be required to provide collection and disposal services for all vegetative materials generated from commercial customers who specifically request such service or as required by City. Ifrequested, vegetative waste shall be containerized, prepared, and collected pursuant to paragraph 4.2(C)(3) of this Agreement. If required by City, vegetative waste shall be collected and disposed of regardless of how it is containerized and prepared. 4.4 Multiple Dwelling Units. Contractor shall provide collection and disposal service to multiple dwelling unit customers as follows: A. Frequency of Collection. Contractor shall provide collection and disposal services for household trash and garbage at least two (2) times per week, with collections at least three (3) days apart, and for bulk trash and recyclable materials not less than once per week. B. Point of Collection. Collection of household trash, garbage, bulk trash, vegetative waste, and recyclable materials shall be at a location mutually agreed upon by the customer and Contractor, and approved by the Authorized Representative. If mutual agreement cannot be reached between customer and Contractor, the Authorized Representative shall designate the location. However, in the event the location was approved as part of a City or County site plan or development review process, the location shall be as shown on Solid Waste Agreement City of Cape Canaveral l Waste Pro of Florida, Inc. Page 12 of 40 Res. No. 2009-24 Attachment A the final approved site or development plan. To the maximum extent feasible, the designated location shall be located in a place that provides for safe, convenient, and expedient access by Contractor. C. Containers and Preparation. Household Trash and Garbage. Contractor shall be required to provide collection and disposal services for all household trash and garbage generated by multiple dwelling units which has been prepared and stored in a refuse container, mechanical container, or compactor under the following conditions: a. The multiple dwelling unit customer shall be permitted to use refuse containers provided the amount of household trash and garbage per collection can be stored in a maximum of four (4) refuse containers; otherwise, customers shall be required to use mechanical containers or compactor service. b. Contractor shall be required to provide an adequate number of mechanical containers or compactors to customers who request or exceed the maximum number of refuse containers. Mechanical containers shall be provided at Contractor's sole expense and shall remain the property of Contractor, unless the mechanical container is. owned by the customer. Compactors shall be provided as mutually agreed to by Contractor and customer. 2. Recyclable Materials. Contractor shall be required to provide collection and disposal services for all recyclable materials generated from multiple dwelling unit customers which have been properly prepared and stored in a recycling container. Vegetative Waste. Contractor shall be required to provide collection and disposal services for all vegetative materials generated from multiple dwelling unit customers who specifically request such service or as required by City. If requested, vegetative waste shall be containerized, prepared, and collected pursuant to paragraph 4.2(C)(3) of this Agreement. If required by City, vegetative waste shall be collected and disposed of regardless of how it is containerized and prepared. 4. Bulk Trash. Contractor shall be required to provide collection and disposal services for bulk trash generated from multiple dwelling unit customers regardless of whether it is containerized. Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, lnc. Page 13 of 40 Res. No. 2009-24 Attachment A 4.5 City Controlled Property. As requested by the Authorized Representative, Contractor shall be required to provide collection and disposal services for all refuse, bulk trash, vegetative waste, and recyclable materials generated by City at properties owned, leased, or otherwise controlled by City. In addition, Contractor shall provide such collection and disposal services for any and all City sponsored special events as agreed to by City and Contractor, and for all City public receptacles located along or in public rights-of-way, sidewalks, beaches, and public recreational facilities. Such collection and disposal services shall be at no charge or expense to City. A. Frequency of Collection. Unless otherwise directed by the Authorized Representative in writing, Contractor shall provide collection and disposal services for refuse at least two (2) times per week, with collections at least three (3) days apart, and for bulk trash, vegetative waste, and recyclable materials not less than once per week. B. Point of Collection. Collection of refuse, bulk trash, vegetative waste, and recyclable materials shall be at locations designated by the Authorized Representative, with consideration given for the safe, convenient, and expedient access by Contractor. C. Containers and Preparation. 1. Refuse. Contractor shall be required to provide collection and disposal services for refuse generated by City which has been properly prepared and stored in a refuse container or mechanical container as determined by the Authorized Representative. Contractor shall be required to provide the mechanical container at Contractor's expense. 2. Recyclable Materials. Contractor shall be required to provide collection and disposal services for all recyclable materials generated by City which have been properly prepared and stored in a recycling container or other container mutually agreed to by the Authorized Representative and Contractor. Vegetative Waste. Contractor shall be required to provide collection and disposal services for all vegetative waste generated by City provided the vegetative waste is containerized, prepared, and collected pursuant to paragraph 4.2(C)(3) of this Agreement. Notwithstanding, Contractor and City may mutually agree to some other method of preparation and storage for significant City projects which generate significant amounts of vegetative waste. Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 14 of 40 Res. No. 2009-24 Attachment A 4. Bulk Trash. Contractor shall be required to provide collection and disposal services for all bulk trash generated by City regardless of whether it is containerized. 4.6 Biohazardous, Biological, Hazardous, Sludge, and Special Waste. Contractor shall not be responsible for collection and disposal services for biohazardous waste, biological waste, hazardous waste, sludge, and special waste under this Agreement. However, to the extent qualified and licensed, Contractor may contract with persons and entities within the service area, along with other qualified and licensed contractors, to provide for such collection and disposal services. Contractor shall directly bill such persons and entities for such services at a rate mutually agreed on between Contractor and such persons and entities. 4.7 Construction and Demolition Debris Service. Contractor may provide collection and disposal service of construction and demolition debris to residential, multiple dwelling unit, and commercial customers as follows: A. Non-exclusive Right. Contractor shall have the non-exclusive right to provide collection and disposal services for construction and demolition debris utilizing rolloff containers, as that term is defined in paragraph 2.35 of this Agreement, or other appropriate containers. It is the intent and purpose of this Agreement to permit small haulers of construction and demolition debris to competitively operate within the service area. Contractor may compete with said small haulers by providing collection and disposal services for construction and demolition debris. Contractor shall directly bill such services at a rate mutually agreed on between Contractor and such person and entities receiving the services. B. Frequency of Collection. Contractor shall provide collection and disposal services for construction and demolition debris utilizing rolloff containers or other appropriate containers to customers that specifically request such service or as required by City. Said collection and disposal services shall be provided as frequently as mutually agreed to by Contractor and the customer or as required by the Authorized Representative or City Code to protect the public health, safety, and welfare. C. Point of Collection. Collection of construction and demolition debris shall be at a location mutually agreed upon by the customer and Contractor; provided, collection shall be located within the boundary of the property served, unless otherwise approved by the Authorized Representative. D. Containers and Preparation. Contractor shall be required to provide one or more rolloff containers or other appropriate containers of a size and number mutually agreed to by Contractor and customer. Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 15 of 40 Res. No. 2009-24 Attachment A 4.8 Code Enforcement. Upon request of the Authorized Representative, Contractor shall assist the City in its code enforcement efforts by providing collection and disposal service of solid waste and construction and demolition debris located on real property in violation of the City Code. 4.9 Automated Cart Program. Contractor has the capability of providing certain automated equipment which may be utilized in conjunction with a toter cart program for garbage and vegetative waste collection ("Automated Cart Program"). Contractor shall implement the Automated Cart Program pursuant to operational terms and conditions negotiated with the City, provided that same shall not result in an increase in total cost to the City. The Contractor shall be responsible for the purchase, distribution, and repair of carts that have been damaged by Contractor's actions. Collector shall distribute one (1) or two (2) 96 gallon carts to each residential unit depending upon the customer's waste generation requirement. Those customers with minimal waste volumes may select one (1) 64 gallon cart. Carts will be distributed pursuant to a schedule mutually determined by City and Contractor. Contractor shall maintain, at all times, a sufficient number of carts to ensure that all extra or replacement carts can be provided within five work days upon notification by the City or the customer. Contractor shall distribute fully assembled carts to new residential units that are added during the term of this contract. Carts that have been lost or damaged due to customers' abuse or negligence shall be repaired or replaced, at the expense of the customer utilizing the then current cost of the cart. Customer may purchase a third cart for a charge of $70.00. Those seeking changes in cart size will be charged $25.00 delivery charge for each such change. 4.10 Tire Collection. Contractor shall provide weekly tire collection and disposal services to residential customers at no additional charge. 5.0 Rates and Charges: ComBensation to Contractor: Franchise Fee Billing. 5.1 Rates; Compensation to Contractor. For collection and disposal services provided under this Agreement, City shall pay Contractor in accordance with the rate schedule submitted by Contractor during the competitive bid process. Said rate schedule is attached hereto and fully incorporated herein as EXHIBIT "A." A. Code Enforcement. Upon request of the Authorized Representative, Contractor shall provide solid waste and construction and demolition debris collection and disposal service to City for code enforcement related matters at no charge to the City. B. Compactor Service. For compactor service provided pursuant to paragraphs 4.3(C)(1) and 4.4(C)(1) of this Agreement, an amount mutually agreed to by Contractor and the Customer. Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 16 of 40 Res. No. 2009-24 Attachment A C. Multiple Dwelling and Special Vegetative Waste Service. For Multiple Dwelling Units and special vegetative waste collection and disposal service for residential and commercial Customers not provided for hereunder (vegetative waste by virtue of its size or weight exceeds routine and normal yard and landscaping maintenance generated on site), in addition to any applicable monthly customer service provided hereunder, an amount equal to that set forth in EXHIBIT "A." 5.2 Consumer Price Index Adjustment. The rates in paragraph 5.1 shall remain unchanged during the term of this Agreement unless the growth in the gross revenue generated from all collection and disposal services required hereunder falls below five percent (5%) for a particular year. If the gross revenue growth rate falls below five percent (5%), the rates shall be adjusted by the CPI. Each new rate shall be computed pursuant to the following mathematical formula: New Rate = [CPI2 - CPI11 +1 x Current Rate CPI1 11CPI1 to The published CPI for the month of October of the preceding year. 11CPI2" The published CPI for the month of October for the year in which the rate is being adjusted. Adjustments to the prices made in accordance with this subsection are intended to reflect changes in the purchasing power of a given amount of money expressed in dollars. If CPI and CP12 are not expressed in relation to the same base period or if a material change is made in the method of establishing CPI, the City and the Contractor shall make an appropriate statistical adjustment or conversion. If the CPI is discontinued, the City and the Contractor shall mutually select another index published by the United States Government or by a reputable publisher of financial and economic indices. 5.3 Billing Customers by City. Customer billing shall be established and enforced by City Code. The City shall provide the customer billing for all collection and disposal services provided by Contractor under this Agreement, unless otherwise specifically stated herein. City shall perform said billing by means and at times deemed appropriate by City. Contractor shall fully cooperate with City in customer billing. Contractor agrees to reimburse the City an amount equal to the City's actual cost for billing Contractor's services under this Agreement. Contractor and City acknowledge that the City currently contracts with the City of Cocoa to bill Contractor's services and that the cost is currently equal to $0.35 per each customer bill. Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 17 of 40 Res. No. 2009-24 Attachment A 5.4 Billing and Payment Procedure. Unless otherwise provided by the Authorized Representative, customer billing and payment to Contractor shall be in accordance with the following procedure: A. Unless otherwise specifically provided in this Agreement or mutually agreed by the City and Contractor in writing, the City shall provide all Customer billing for collection and disposal services provided under this Agreement. Contractor shall, however, provide Customer billing when special rates and services apply and for roll -off services. B. The Contractor shall certify to the City on the third Friday of each month the number and size of all Customers and containers. The City shall reconcile Contractor's information with the City's records. The City and Contractor shall make appropriate adjustments to their respective billing and service data records to reflect those customers and services that should be billed based on the City's reconciliation. C. City shall submit to the Contractor a monthly statement for collection and disposal services rendered under this Agreement for the preceding month. The statement shall be in a format reasonably requested by the Contractor. The Contractor shall verify the customer services and amounts on the statement and shall make appropriate adjustments to City's statement invoice to reflect any errors contained therein. City shall not be responsible or liable if Contractor fails to properly verify the data on the statement. D. By the 25'h of the following month of receipt of City's monthly statement, City shall pay Contractor the amount of the adjusted statement for the preceding month, less City's total monthly customer billing charge in accordance with paragraph 5.3 herein. The Franchise Fee charged in accordance with paragraph 5.5 herein shall be directly billed to the customer and collected by City. 5.5 Franchise Fee. At the City Council's sole and absolute discretion, the City reserves the unconditional right to charge Contractor, from time to time, a Franchise Fee equal to an amount permitted by law. The Franchise Fee shall not be construed as a tax, but shall be considered a payment to the City in exchange for the rights and privileges granted by this Franchise. The Franchise Fee shall be passed along to the customer and remitted by customer directly to City pursuant to paragraph 5.4(D). 5.6 Contractor's Petition for a Rate Adjustment. The Contractor may petition the City to adjust the rates in paragraph 5.1 herein based upon unusual and unanticipated increases in the cost of doing business, including but not limited to a change in any collection regulation or change in the CPI. Any such request shall be supported by full documentation establishing the increase in operating costs and the reasons Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 18 of 40 Res. No. 2009-24 Attachment A therefor. The City shall be entitled to audit the Contractor's financial and operational records directly related to the Contractor's request in order to verify the increase in costs and the reasons therefor. The Contractor's request must be made within a reasonable time, and shall contain reasonable proof and justification to support the need for the rate adjustment. The City may request from the Contractor, and the Contractor shall provide, such further information within its possession as may be reasonably necessary in making its determination. The City Council shall approve or deny the request (without penalty), in whole or in part, at its sole and absolute discretion, within sixty (60) days of receipt of the request and all other additional information required by the City. 6.0 Schedules and Routes. Contractor shall provide written notice to the City of its collection and disposal routes and schedules. The City reserves the unconditional right to deny Contractor's vehicles access to any street, alley, bridge, beach, or public way within the service area while performing collection and disposal services under this Agreement, where the City determines that it is in the best interests of the public health, safety, and welfare to do so because of the conditions of the streets, alleys, bridges, beaches, or public ways. However, Contractor shall not interrupt the regular schedule and level of service because of such closures of less than eight (8) hours in duration. The City shall notify Contractor of any such closures of longer duration, and arrangements shall be made in a manner acceptable to Contractor and the Authorized Representative for the collection and disposal services interrupted by the closure. Customers shall be notified in writing by Contractor of the schedules provided by Contractor and any amendments thereto, provided customers shall be given at least seven (7) days prior written notice of any such amendments. Any and all route and schedule changes must receive prior approval by the Authorized Representative and schedule changes shall be published in a newspaper of general circulation meeting the requirements of Section 50.011, Florida Statutes. 7.0 Collection Equipment and Vehicles. Contractor shall provide collection equipment for the collection and disposal services as follows: 7.1 Type and Amount. Contractor shall have on hand, at all times under this Agreement, collection equipment that is in good working order and sanitary condition that will permit Contractor to perform the collection and disposal services in a sufficient and efficient manner so that the schedules and routes can be maintained. Collection equipment shall be obtained from a nationally known and recognized manufacturer of collection equipment. Collection vehicles shall be of the enclosed packer type or other type vehicle which meets industry standards and is approved by the Authorized Representative. All collection vehicles shall be equipped with communication devices and such devices shall be maintained in good operating order. Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 19 of 40 Res. No. 2009-24 Attachment A 7.2 Condition. All collection equipment shall be maintained, at all times, in a reasonable and safe working condition and shall be in good repair, appearance, and sanitary and clean condition. Contractor shall spray all mechanical containers with disinfectant every thirty (30) days. Collection equipment shall be painted uniformly with the name of the Contractor, Contractor's telephone number and number of the collection vehicle in letters not less than three (3) inches high on each side of the collection vehicle. Contractor shall keep an accurate record of the vehicle to which each number is assigned. Advertising on collection vehicles is strictly prohibited, except for advertisements promoting City sponsored special events. 7.3 Overloading. Collection vehicles shall not be overloaded by Contractor so as to cause litter or spillage (described in paragraphs 4.1(D) and (H); however, if litter or spillage occurs because of overloading it shall be picked up immediately as required by paragraphs 4.1(D) and (H). 7.4 Back-up Equipment. Contractor shall maintain sufficient back-up collection equipment, which shall satisfy the condition requirements of paragraph 7.2 of this Agreement, to temporarily replace collection equipment that is in a state of disrepair or is inoperable at any time during Contractor's performance of the collection and disposal services pursuant to this Agreement. The back-up collection equipment shall be put into service within a reasonable time and without interruption of collection and disposal services. Such back-up collection equipment shall correspond in size and capacity to the collection equipment ordinarily used by Contractor in performance of the collection and disposal services under this Agreement. 8.0 Contractor's Personnel. Contractor shall fully comply with the following terms and conditions regarding Contractor's personnel: 8.1 Contractor's Representative. Contractor shall appoint a representative to administer and manage this Agreement on Contractor's behalf as required by paragraph 26.0 of this Agreement. 8.2 Other Personnel. Contractor shall provide a sufficient number of qualified persons to provide the collection and disposal services. All persons who are given supervisory authority by Contractor shall be made available to the Authorized Representative for consultation within a reasonable and practicable time after Contractor receives notice from the Authorized Representative that a consultation is being requested. Supervisors shall operate a collection vehicle that is equipped with a communication device. 8.3 Conduct of Personnel. Contractor shall require and ensure that its personnel shall serve all customers in a courteous, helpful, and impartial manner. Contractor's personnel shall perform collection and disposal services while using existing Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 20 of 40 Res. No. 2009-24 Attachment A sidewalks and driveways when on private and public property. Contractor personnel shall observe all no trespassing signs and shall not cross between neighboring properties unless the customer, or customer's in the case of neighboring properties, has expressly given said personnel permission. Contractor's personnel shall perform all collection and disposal services with due care and shall always take reasonable precautions and steps to avoid damaging all real and personal property including, but not limited to, refuse containers, recycling containers, carts, racks, trees, shrubs, flowers, and similar property. Contractor shall be fully liable for all such damage caused by Contractor's personnel and Contractor shall promptly provide sufficient and appropriate compensation to customer's for such damage. 8.4 Uniform Regulations. Contractor agrees that the identification of Contractor's personnel while performing the collection and disposal services is important to the customer's health, safety, and welfare. Consequently, Contractor's personnel performing collection and disposal services shall wear a uniform or shirt bearing the Contractor's name. Lettering stitched on or identifying patches permanently attached to the uniform or shirt shall be acceptable. 8.5 Labor and Employment Laws. Contractor shall comply with all applicable local, state, and federal labor and employment laws affecting its personnel. 8.6 Informing Personnel of Responsibilities. Contractor shall take whatever steps it deems necessary to fully inform its personnel about the terms and conditions and personal responsibilities provided under this Agreement. City shall not be responsible for informing Contractor's personnel of said terms, conditions, and responsibilities. Contractor shall also provide operating and safety training manuals to all its personnel. 8.7 Driver's License. All Contractor's personnel that drive a collection vehicle while performing collection and disposal services shall at all times have and carry a valid Florida commercial driver's license for the type of vehicle being driven. 8.8 Drug Free Workplace. Contractor shall maintain a drug free workplace policy. If requested by City, Contractor shall provide a document certifying to the City it is a drug free workplace. 9.0 Level of Service: Customer Complaints-, Annual Evaluation By City. 9.1 Level of Service. Contractor acknowledges and agrees that the continuation of this Franchise depends on Contractor consistently providing a high quality and efficient level of collection and disposal services to all customers. To insure such services are provided in such a manner, Contractor's performance shall be evaluated, on an annual basis, pursuant to the procedure established in paragraph 9.3 of this Agreement and based on the following review criteria: Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 21 of 40 Res. No. 2009-24 Attachment A A. The number of complaints received pursuant to paragraph 9.2 herein and Contractor's performance in resolving the complaints in a professional and expedient manner. B. Contractor's responsiveness to direction given by the Authorized Representative. C. The number of times that Contractor had to pay liquidated damages pursuant to paragraph 25.0 herein. D. Contractor's participation in community meetings sponsored by City and Contractor's performance in resolving the complaints received at those meetings in a professional and expedient manner. E. Contractor's financial viability to continue performing the collection and disposal services as required by this Agreement. 9.2 Customer Complaints. It is the intent of this Agreement to ensure that the Contractor provides a high quality level of collection and disposal services to all customers. To this end, all failures to provide collection and disposal services to customers, or failures observed by the Authorized Representative, and reported to the Contractor shall promptly be resolved pursuant to the provisions of this Agreement. All customer complaints should be made to the Authorized Representative and will be forwarded to the Contractor by person, telephone, or in writing by mail or facsimile. When received, whether directly from the Customer or forwarded from the Authorized Representative, the Contractor shall record complaints on a form approved by the Authorized Representative and shall take appropriate steps to resolve the complaint in a professional and expedient manner. Any complaints received by the Contractor before 12:00 noon shall be resolved before 5:00 p.m. of that same day. Complaints received after 12:00 noon shall be resolved before 12:00 noon of the following day. The Contractor shall make contact with the customer complainant, within the above times, for all complaints related to collection and disposal services. The Contractor shall notify the Authorized Representative within twenty-four (24) hours, on the approved forms, of the action taken to resolve the complaint. If the complaint involves a claim of damage to private or public property caused by Contractor during the performance of collection and disposal services, the Contractor shall within twenty-four (24) hours provide the Authorized Representative with a full written explanation of said complaint, an estimate of the damage, and Contractor's proposed actions to remedy the damage. 9.3 Annual Evaluation Procedure. Contractor's performance shall be annually evaluated by City's Authorized Representative and/or City Council under the following procedure: Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 22 of 40 Res. No. 2009-24 Attachment A A. Upon or soon after the occurrence of each annual anniversary date of this Agreement, the Authorized Representative shall 'conduct and prepare a written annual evaluation of Contractor's performance in providing the collection and disposal services under this Agreement ("Evaluation"). The Evaluation shall be based on the level of service criteria set forth in paragraph 9.1 herein. For each criteria the Authorized Representative shall evaluate and grade Contractor's performance as unacceptable, acceptable but needs improvement, or good. If Contractor receives an unacceptable grade, the Authorized Representative shall provide Contractor a written explanation of why Contractor's performance was unacceptable and Contractor shall be given a reasonable period of time, as determined by the Authorized Representative, to bring its level of performance up to levels acceptable to the Authorized Representative. B. At the City Council's discretion, the Authorized Representative shall deliver the Evaluation, the aforesaid explanation, and other relevant documents to the City Council for consideration by the City Council at a public meeting. At the meeting, the Authorized Representative and Contractor shall have the opportunity to explain their positions and the City Council shall then determine whether this Franchise should continue under conditions determined by the City Council or be terminated, without penalty, pursuant to paragraph 14.1(I I) herein. 10.0 Authorized Representative's Internretation and Decision. Any dispute between the City and Contractor, which cannot be disposed of by mutual consent between the parties within a reasonable period of time ("Impasse"), shall be ultimately decided by the Authorized Representative at such time the Authorized Representative declares an Impasse. Upon Impasse, the Authorized Representative shall have thirty (30) days to decide the Impasse issue, unless additional time is reasonably needed. All such decisions shall be reduced to writing by the Authorized Representative and delivered to Contractor within three (3) days of said decision. All such written decisions shall contain a sufficient explanation, as may be deemed necessary by the Authorized Representative, to explain the decision. The decision shall be final and binding on both parties unless appealed to the City Council. Within three (3) days of the Authorized Representative's decision, Contractor may appeal said decision to the City Council. The City Council will hear and decide the appeal at the next regularly scheduled City Council meeting unless otherwise provided by the City Council. The City Council's decision shall be binding and final. Failure to file an appeal within said time period shall result in a waiver of the right to appeal. Pending the decision, Contractor shall proceed diligently with the performance of the collection and disposal services in accordance with this Agreement and any preliminary directions of the Authorized Representative. The Authorized Representative may amend, suspend, or revoke any decision if circumstances warrant. Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 23 of 40 Res. No. 2009-24 Attachment A 11.0 Other City Permits. For collection and disposal services of any kind not exclusively provided by Contractor under this Agreement, Contractor shall obtain all permits required by City Code to provide said services. 12.0 Performance Bond: Alternatives. 12.1 Performance Bond. The Contractor shall obtain and maintain during the entire term of this Agreement and any extensions and renewals thereof, at its cost and expense, and file with the City a corporate surety bond in the amount of Five Hundred Thousand Dollars ($500,000.00) to guarantee the faithful performance by the Contractor of all of its obligations provided under this Agreement and the City Code (hereinafter referred to as "Bond" or "Performance Bond"). Such bond must be issued by a surety. Alternatively, the Contractor shall obtain and continuously maintain an unexpired irrevocable letter of credit, which shall at all times be in the possession of the City. The form and contents of such performance bond or letter of credit shall be acceptable to the City. The letter of credit shall be released only upon expiration of the Agreement or upon the replacement of the letter of credit by a successor Contractor. 12.2 Conditions. The performance bond or letter of credit shall be issued upon the following conditions: A. The performance bond shall be issued by a surety approved by City and licensed and authorized by the State of Florida to do business as a surety in the State of Florida. The irrevocable letter of credit shall be issued by a bank or savings and loan association acceptable to the City, authorized to do business in this State by either the State of Florida Comptroller or the United States government. The letter of credit shall name the City as the beneficiary. B. There shall be recoverable by the Cityjointly and severally from the principal and surety or the financial institution that has issued the letter of credit, any and all fines and liquidated damages due to the City and any and all damages, losses, costs, and expenses suffered or incurred by the City resulting from the failure of the Contractor to: faithfully comply with the provisions of the City Code and the Agreement; comply with all orders, permits and directives of any City agency or body having jurisdiction over its acts or defaults; pay any claims, liens, fees, or taxes due the City which arise by reason of the collection and disposal services provided under this Agreement. Such losses, costs and expenses shall include but not be limited to attorney's fees and other associated expenses. Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 24 of 40 Res. No. 2009-24 Attachment A C. The total amount of the bond or letter of credit shall be forfeited as a liquidated damage paid to the City in the event: 1. Contractor abandons, or cancels with less than ninety (90) days written notice to City, its obligations and responsibilities to perform the collection and disposal services required under this Franchise, prior to the expiration of the term of the Agreement; 2. Contractor assigns this Agreement without the express written consent of the City; or This Agreement is terminated by reason of the default of the Contractor. 12.3 Reduction of Bond/Letter of Credit. Upon written application by the Contractor, the City may, at its sole option, permit the amount of the bond or letter of credit to be reduced for the term of this Agreement or periods of time, when it is determined by the City's City Council to be in the public interest. Upon written application by the Contractor, the City may, at its sole option, permit the terms of the requirements of the performance bond/letter of credit to be altered for the term of this Agreement or periods of time, when it is determined by the City Council to be in the public interest. 12.4 Use of Bond and Letter of Credit. Prior to drawing upon the letter of credit or the bond for the purposes described in this section, the City shall notify Contractor in writing that payment is due, and the Franchisee shall have thirty (30) days from the receipt of such written notice to make a full and complete payment. If the Contractor does not make the payment within thirty (30) days or demonstrate reason acceptable to the City why such action should not be taken, the City may withdraw the amount thereof, with interest and penalties, from the letter of credit or the bond. Within three (3) days of a withdrawal from the letter of credit or bond, the City shall send to the Contractor, by certified mail, return receipt requested, written notification of the amount, date and purpose of such withdrawal. 12.5 Replenishment of Letter of Credit and Performance Bond. No later than thirty (30) days, after mailing to the Contractor by certified mail notification of a withdrawal pursuant to paragraph 12.4 above, the Contractor shall replenish the letter of credit and/or performance bond in an amount equal to the amount so withdrawn. Failure to make timely replenishment of such amount to the letter of credit and/or performance bond shall constitute a failure of the Contractor to faithfully comply with the provisions of this Agreement. 12.6 Non -renewal, Alteration, or Cancellation of Letter of Credit or Performance Bond. The performance bond and letter of credit required herein shall be in a form Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 25 of 40 Res. No. 2009-24 Exhibit "A" satisfactory to the City which approval shall not be unreasonably withheld and shall require thirty (30) days written notice of any non -renewal, alteration or cancellation to both the City and the Contractor. The Contractor shall, in the event of any such cancellation, alteration, or non -renewal notice, obtain, pay all premiums for, and file with the City, written evidence of the issuance of replacement bond or policies within thirty (30) days following receipt by the City or the Contractor of any notice of cancellation, alteration, or non -renewal. 12.7 Inflation. At the sole discretion of the City, to offset the effects of inflation, the amount of the bond or letter of credit provided for herein is subject to annual increases at the end of every year provided the amount of the bond or letter of credit shall not exceed fifty percent (50%) of the total amount paid Contractor by City pursuant to paragraph 5.0 for the year previous to the increase. 12.8 Default. The performance bond and letter of credit provided pursuant to this section shall become the property of the City in the event that this Agreement is canceled or terminated by reason of the default of the Contractor. 12.9 Right to Require Replacement of Bonds or Letter of Credit. If the City becomes aware of the financial condition of any bonding or financial institution issuing a performance bond or letter of credit as required herein and said financial condition is reasonably deemed by the City to jeopardize the collateral posted with the City, the City may, at any time, require that any such bond or letter of credit be replaced with such other bond or letter of credit consistent with the requirements set forth in this section. 13.0 Transfer of Ownership or Control. 13.1 Transfer of Franchise. This Agreement shall not be sold, Transferred, leased, assigned or disposed of, including but not limited to, by forced or voluntary sale, merger, consolidation, receivership or other means without the prior written consent of the City Council, and then only under such reasonable conditions as the City Council may establish which may include but not be limited to financial guarantees to the collection and disposal services. 13.2 Transfer Threshold. The Contractor shall promptly notify the City of any actual or proposed change in, or Transfer of, or acquisition by any other parry of, control of the Contractor. 13.3 City Approval. Every Transfer shall make this Agreement subject to cancellation unless and until the City Council shall have consented thereto in writing. For the purpose of determining whether it may consent to such Transfer, the City may inquire into the legal, financial, character, technical, Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 26 of 40 Res. No. 2009-24 Attachment A and other public interest qualifications of the prospective Transferee or controlling party, and the Contractor shall assist the City in obtaining all required information. Failure to provide all reasonable information requested by the City as part of said inquiry shall be grounds for denial of the proposed Transfer. 13.4 Signatory Requirement. Any approval by the City Council of transfer of ownership shall be contingent upon the prospective assignee becoming a signatory to this Agreement. 14.0 Forfeiture or Termination. 14.1 Grounds for Revocation. The City Council reserves the right to terminate this Agreement, without penalty, and rescind all rights and privileges associated with the Franchise in the following circumstances, each of which shall represent a default and breach of this Agreement: A. Contractor defaults in the performance of any of the material obligations to provide collection and disposal services under this Agreement or the City Code; B. Contractor fails to provide or maintain in full force and effect the liability and indemnification coverage or the performance bond (or alternative letter of credit) as required herein; C. Contractor violates any material provisions of any orders or rulings of any regulatory body having jurisdiction over the Contractor relative to this Agreement and any regulatory ordinance of the City, and Contractor fails to begin cure within five business (5) days of notice from the City and to complete cure within a reasonable time after notice, as determined by the City; D. Contractor practices or engages in any fraud upon the City or any customer; E. Contractor is gross negligent, as defined by general law, in maintaining any of the level of service standards provided in this Agreement; F. Contractor becomes insolvent, unable or unwilling to pay its debts or is adjudged bankrupt; G. Contractor fails to provide collection and disposal service throughout the service area if a disruption of such service occurs pursuant to paragraph 24.0 of this Agreement, unless approval of such disruption is obtained from the City Council; Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 27 of 40 Res. No. 2009-24 Attachment A H. Contractor fails to satisfy the level of service annual evaluation conducted by the Authorized Representative and City Council pursuant to paragraph 9.3 of this Agreement; or I. Contractor provided a material misrepresentation of fact in the application for or negotiation of the Franchise granted under this Agreement or any extension or renewal thereof. 14.2 Effect of Circumstances Beyond Control of Franchisee. Contractor shall not be declared at fault or be subject to any sanction under any provision ofthis Agreement in any case, in which performance of any such provision is prevented for reasons beyond the Contractor's control. For the purposes of this Agreement, causes or events beyond the Contractor's control shall include, without limitation, acts of God, floods, earthquakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, restraints imposed by order of a governmental agency or court. A fault shall not be deemed to be beyond the Contractor's control if committed by a corporation or other business entity in which the Contractor holds a controlling interest whether held directly or indirectly, when such fault is due to Contractor's financial inability to perforin or comply, economic hardship, or misfeasance, malfeasance or nonfeasance by any of the Contractor's directors, officers, employees or contractors or agents. 14.3 Effect of Pending Litigation. Pending litigation or any appeal to any regulatory body or court having jurisdiction over the Contractor shall not excuse the Contractor from the performance of its obligations under this Agreement, unless specifically provided for by court order or by the regulatory body having jurisdiction over such matters. Failure of the Contractor to perform such obligations because of pending litigation or petition may result in forfeiture or revocation pursuant to the provisions of this section. 14.4 Procedure Prior to Revocation. Except as provided in paragraph 9.3 for annual evaluations, the Authorized Representative shall notify the Contractor in writing of the exact nature of the alleged violation constituting a ground for termination and give the Contractor thirty (30) days, or such greater amount of time as the Authorized Representative may specify, to correct such violations or to present facts and arguments to refute the alleged violation. if the Authorized Representative then concludes that there is a basis for termination, it shall notify the Contractor thereof. If within the designated time the Contractor does not remedy and/or put an end to the alleged violation, the City's City Council, after a public hearing where all interested parties may be heard, may suspend or revoke the Franchise under this Agreement, without penalty, if it determines that such action is warranted. The Contractor shall not be held in default nor suffer any penalties where non-compliance or default is caused by an event beyond the Contractor's control, as stated in Section 14.2. Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 28 of 40 Res. No. 2009-24 Attachment A 15.0 Re lgu atory Authority. 15.1 Authority. The City reserves the right to exercise the maximum authority, as may at any time be lawfully permissible, to regulate the collection and disposal services and any other solid waste services, the Franchise granted hereunder, and the Contractor. Should applicable legislative, judicial or regulatory authorities at any time permit regulation not presently permitted to the City, the City may without the approval of the Contractor engage in any such additional regulation as may then be permissible, whether or not contemplated by this Agreement or the City Code, including without limitation, regulation regarding franchise fees, taxes, programming, rates charged to customers, consumer protection, or any other similar or dissimilar matter. The City agrees to meet and confer with the Contractor prior to enacting new regulatory ordinances. 15.2 Right of Inspection. The City shall have the right to inspect in a timely manner and in the accompaniment of a representative of the Contractor all collection and disposal services performed subject to the provisions of this Agreement and equipment used by Contractor, and to make such tests as it shall find necessary to ensure compliance with the terms of this Agreement, the City Code and any other applicable provisions of local, state or federal law. 15.3 City Regulation. To the extent that federal or state law or regulation may now, or as the same may hereafter be amended by legislation, administrative regulation or decision, or judicial determination, authorize the City to regulate the rates for any particular service tiers, service packages, equipment, or any other services provided by Contractor, the City shall have the right to exercise rate regulation to the full extent authorized by law, or to refrain from exercising such regulation for any period of time, at the sole discretion ofthe City. The City shall provide advance notification to the Contractor of its intention to exercise any such regulation and written notification when such ordinance is adopted. However, failure to so provide advance notification to the Contractor or written notification when such ordinance is adopted shall not be a basis upon which to declare this Agreement in breach or to invalidate the ordinance. 15.4 City Health and Sanitation Regulations. Without any limitation on the authority granted City above, City reserves the unconditional right to adopt by ordinance additional health and sanitation regulations which shall apply to the collection and disposal of solid waste, biohazardous waste, biological waste, construction and demolition debris, hazardous waste, sludge, special waste and all other kinds of waste. To the extent determined at the sole discretion of the City's City Council, these regulations shall be codified in Chapter 62 of the City Code. Contractor shall fully comply with these regulations to the extent applicable to the collection and disposal services provided under this Agreement and said regulations shall be deemed to be fully incorporated herein by this reference. In the event any provision Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 29 of 40 Res. No. 2009-24 Attachment A of this Agreement is in conflict with any provision of the additional City health and sanitation regulations, the provision contained in this Agreement shall prevail. 16.0 Liabift and Insurance. 16.1 Certificate of Insurance. Prior to the effective date of this Agreement and thereafter continuously throughout the duration of the Agreement and any extensions or renewals thereof, Contractor shall famish to the City, certificates of insurance and endorsements, in a form approved by the City, for all types of insurance required under this section. Failure to furnish said certificates of insurance and endorsements in a timely manner shall constitute material breach of this Agreement. At the City's request, Contractor shall famish certificates of insurance and endorsements which are in effect from time to time. 16.2 No Liability Limit. Neither the provisions of this Section or any damages recovered by the City hereunder, shall be construed to limit the liability of Contractor for damages under this Agreement. 16.3 Endorsement. All insurance policies maintained pursuant to this Agreement shall contain an endorsement in substantially the following form: It is hereby understood and agreed that this insurance policy may not be modified or canceled by the insurance company nor the intention not to renew be stated by the insurance company until thirty (30) Days after receipt by the City of Cape Canaveral City Manager by certified mail, of a written notice of such intention to cancel or not to renew. 16.4 State Institution. All insurance policies provided pursuant to this Agreement shall be written by companies authorized by the Florida Insurance Commissioner to do business in the State of Florida as an insurance company. The insurance company shall have a Best Insurance rating of A or better, unless otherwise approved by the Authorized Representative. 16.5 Named Insured. The City shall be an additional named insured for all insurance policies written pursuant to this Agreement, as the City's interests may appear from time to time. 16.6 Changes in Policy Limits. To offset the effects of inflation and to reflect changing liability limits, all of the coverage, limits, and amounts of the insurance provided for herein are subject to reasonable increases at the end of every two (2) year period of this Agreement, applicable to the next two (2) year period or termination date of this Agreement (whichever occurs first), at the City's discretion, but not to exceed the Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 30 of 40 Res. No. 2009-24 Attachment A coverage, limits, and amounts of insurance the City requires of other contractors transacting business with the City. 16.7 Commercial General Liability Insurance. Contractor shall maintain throughout the term of this Agreement, general liability insurance insuring Contractor in the minimum of: A. $1,000,000 for property damage single limit; and B. $1,000,000 single limit liability for personal bodily injury or death to any one person. 16.8 Automobile Liability Insurance. Contractor shall maintain throughout the term of the Agreement, automobile liability insurance for owned, non -owned, or rented vehicles in the minimum amount of: A. $1,000,000 single limit liability for bodily injury and consequent death per occurrence; and B. $1,000,000 for property damage per occurrence. 16.9 Worker's Compensation. Contractor shall maintain throughout the term of the Agreement, worker's compensation at least to the minimum amount ofthe statutory limit for worker's compensation, as amended from time to time. 17.0 Indemnification and Hold Harmless. For all collection and disposal services performed by Contractor pursuant to this Agreement, Contractor agrees to the fullest extent permitted by law, to indemnify and hold harmless the City, its council members, attorneys, employees, officers, and agents from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorney's fees through any and all administrative, pre-trial, trial, post judgment, and appellate proceedings), directly or indirectly arising from: (i) the acts, errors, omissions, intentional or otherwise, arising out of or resulting from Contractor's or its subcontractors, or agents performance of the collection and disposal services pursuant to this Agreement; (ii) defaults under this Agreement; (iii) failing to properly train employees under Contractor's control or direction; and (iv) failing to properly equip or hire employees under Contractor's control or direction in the performance of the collection and disposal services under this Agreement. The indemnification provided above shall obligate Contractor to defend at its own expense or to provide for such defense, at the option of the City, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against the City, its council members, attorneys, employees, officers, and/or agents which may result from the collection and disposal services under this Agreement whether the collection and disposal services be performed by the Contractor, its subcontractors, or anyone Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 31 of 40 Res. No. 2009-24 Attachment A directly or indirectly employed by them. In all events the City shall be permitted to choose legal counsel of its sole choice, the attorney fees for which shall be subject to and included with this indemnification provided herein, as long as said fees are no greater than at a rate deemed reasonable at the time indemnification is required. The City agrees to be responsible for the City's own negligent acts and omissions. 18.0 Interference with Persons Public and Private Property, and Utilities. Contractor's collection equipment and personnel used in performing the collection and disposal services hereunder shall: A. Not endanger or interfere with the health, safety or lives of persons; B. Not interfere with any improvements which the City, county, state, and federal government may deem proper to make; C. Not interfere with the free and proper use of Public Rights -of -Way, alleys, bridges, easements or other public property, except to the minimum extent possible during actual collection and disposal services being provided hereunder; D. Not interfere with the rights and reasonable convenience of private property owners, except to the minimum extent possible during actual collection and disposal services being provided hereunder; and E. Not obstruct, hinder or interfere with any gas, electric, water, wastewater, reclaimed water, stormwater drainage, telephone, or other utility facilities located within the service area. 19.0 Books and Records Available to City: Quarterly Report to City Council. 19.1 Records. With advance written request, the City shall have the right to inspect and copy at any time during Contractor's normal business hours, all books, records, maps, revenue statements, service complaint logs, performance test results and other like materials of the Contractor that are directly related to the collection and disposal services provided under this Agreement and which constitute a public record under Chapter 119, Florida Statutes. It is agreed that this Solid Waste Agreement and Contractor's performance thereunder as an independent contract does not render Contractor a public agency. Further, Contractor's trade secrets and proprietary information shall not be subject to disclosure hereunder. Said records shall be maintained at Contractors office set forth in paragraph 4.1(G) of this Agreement. 19.2 Review. For records not constituting a public record under Chapter 119, Florida Statutes, Contractor shall permit, during Contractor's normal business hours, the Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc_ Page 32 of 40 Res. No. 2009-24 Attachment A Authorized Representative to examine, at the City's discretion, any and all maps and other records kept or maintained by the Contractor or under its control concerning the operations, affairs, transactions or property of Contractor relative to the collection and disposal services provided under this Agreement. The examination shall take place at Contractor's office. 19.3 Reports to be Filed. The following reports shall be provided to the City: A. A monthly customer report sorted alphabetically by address, which lists the customer's address and name, type, quantity, and size ofthe container picked - up from the customer, and a description of the kind of service provided customer. B. An annual report prepared by Contractor or the parent company of Contractor shall be provided annually at the time said report is published. 19.4 Mandatory Records. The Contractor shall at all times maintain: A. A record of all complaints received and interruptions, disruptions, or degradation of collection and disposal services for the preceding year prior to the annual performance evaluation by the City. B. A full and complete document(s) describing the rates, schedules, and routes for the collection and disposal services. C. A record of all customers, and fees received from them by Contractor, for collection and disposal services not billed by the City, if any. 19.5 Quarterly Report to City Council. Contractor shall present a quarterly report to the City Council for each calendar quarter regarding the status of collection and disposal services being provided hereunder. 19.6 Other Records. The City may impose reasonable requests for additional information, records and documents from time to time, and the Contractor shall produce said records within ten (10) business days, so long as such request relates to the City's enforcement abilities under this Agreement or the Code. 20.0 Preferential or Discriminatory Practices Prohibited. All collection and disposal services rendered and all rules and regulations adopted by Contractor shall have general application to all persons and shall not subject any person to prejudice or disadvantage on account of race, gender, religion, origin, or ethnicity. Contractor shall not deny service to any group of potential customers within the City because of the income of the customers within the service area. Contractor shall not charge customers different rates for service for the same class or type of service. However, this paragraph is not intended to restrict Contractor from offering Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 33 of 40 Res. No. 2009-24 Attachment A reasonable discounts to senior citizens or other economically disadvantaged groups in accordance with any local, state, or federal law. 21.0 Storms: Hurricanes: Natural Disasters: Calamities. In the event a major storm, hurricane, natural disaster, or any other type of major or serious calamity ("calamity") causes an excessive amount of refuse, vegetative waste, bulk trash, or other excessive debris ("debris') to accumulate on streets, alleys, bridges, and on private and/or public property, Contractor shall collect such debris at the City's written request. City agrees to pay Contractor for such additional service in an amount mutually agreed upon in writing by the City and Contractor. Contractor acknowledges and agrees that collection and disposal services performed after a calamity may be subject to special procedures in order that the City can receive reimbursement from state and federal agencies like FEMA. In such cases, Contractor shall be fully responsible and liable for complying with all such procedures and shall also indemnify and hold harmless the City in the event Contractor fails to comply with said procedures. Nothing in this Agreement shall exclude or prohibit the City or any other contractors from collecting and disposing of such debris caused by a major or serious calamity. 22.0 Miscellaneous Provisions. 22.1 Independent Contractor. Contractor is an independent contractor and nothing in this Agreement is intended nor shall be construed to create an employer/employee relationship, a joint venture relationship, a partnership relationship, or to allow the City to exercise control or direction over the manner or method by which Contractor performs the collection and disposal services which are the subject matter of this Agreement. Contractor understands and agrees that: (i) the City will not withhold on behalf of Contractor pursuant to this Agreement any sums for payment of income tax, unemployment insurance, social security or any other withholding; (ii) all such payments, withholdings and taxes are the sole responsibility of Contractor; and (iii) Contractor will indemnify and hold the City, its City Council members, attorneys, employees, officers, and/or agents harmless from and against any and all loss or liability arising with respect to such payments, withholdings, or taxes, including, but not limited to reasonable attorneys' fees through any and all administrative, pre-trial, trial, post trial judgment, and appellate proceedings. The parties hereto agree that both Contractor and the City shall have the right to participate in any discussion or negotiation with the Internal Revenue Service concerning Contractor's independent contractor status regardless of with whom or by whom such discussions or negotiations are initiated. In the event that any applicable government agency determines that Contractor is an employee of the City and the City is required to pay any additional amount to any governmental authority based upon Contractor being reclassified an employee of the City, Contractor hereby covenants and agrees to reimburse immediately the City for any such amount paid to any such govenunental authority and the costs and expenses associated with defending the City, including, but not limited to reasonable attorneys' fees. In the event that Contractor is Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 34 of 40 Res. No. 2009-24 Attachment A reclassified as an employee and becomes eligible for a refund of any taxes paid to any governmental agency, including but not limited to, a claim for refund of self- employment taxes, then Contractor hereby covenants and agrees to pursue any such refund and assign to the City the proceeds from any such refund. 22.2 No Joint Venture. Nothing herein shall be deemed to create a joint venture or principal -agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other. 22.3 Entire Agreement. This Agreement represents the entire understanding and agreement between the parties hereto with respect to the subject matter hereof, and supersede all prior oral negotiations and written agreements between the parties. Except, however, the parties understand and agree that Contractor made certain commitments and representations to the City during the competitive bid presentations to the City Council related to enhanced services and equipment that will be provided during the term of this Agreement. Contractor and City agree that those commitments and representations have been memorialized in writing by separate memorandum of agreement with the approval of this Agreement by the City Council. Said memorandum of agreement shall be fully incorporated binding upon Contractor as if fully set forth in this Agreement. This Agreement may be amended, supplemented, modified, or changed only by a written instrument agreeing to said amendment, supplementation, modification, or change in the terms hereof by the parties. 22.4 Notices. Any notice, request, instruction, or other document to be given as part of this Contract shall be in writing and shall be deemed served when either delivered in person to the following designated agents or received by registered or certified United States mail, return receipt requested, postage prepaid, or received by facsimile, addressed as follows: TO THE CITY: City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Ph: 321-868-1230 TO THE CONTRACTOR: Florida Government Affairs Director Waste Pro of Florida, Inc. Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 35 of 40 Res. No. 2(X)9-24 2101 W. State Road 434, Suite 315 Attachment A Longwood, Florida 32779 Ph: 407 - Either parry may change the aforementioned designated agents at any time by providing written notice of such change to the other party. 22.5 Captions. Captions to sections through this Agreement are solely to facilitate the reading and reference to the sections and provisions of the Agreement. Such captions shall not affect the meaning or interpretation of the Agreement. 22.6 Severability. If any section, subsection, sentence, clause, phrase, or portion of this Agreement is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision. Such holding shall not affect the validity of the remaining portions of this Agreement, unless the City determines that the portions remaining (without the severed portions) have an adverse effect on the best interests of City, then City shall have the right to terminate this Agreement. 22.7 City's Rights of Intervention. Contractor agrees not to oppose intervention by the City in any suit or proceeding to which Contractor is a party, concerning or involving this Agreement and the City's rights under this Agreement. 22.8 Attorney's Fees. In the event of litigation arising out of or relating to this Agreement, the prevailing parry shall be entitled to recover all its reasonable expenses, including attorney's fees, costs, and other expenses reasonably and necessarily incurred, through all administrative, pre-trial, trial, post judgment, and appellate proceedings. 22.9 Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. 22.10 Waiver. Failure of the City to insist upon performance within anytime period or upon a proper level of service shall not act as a waiver of the City's right to later claim a failure to perform on the part of Contractor. 22.11 Jurisdiction; Venue. This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Brevard County, Florida. Venue for any federal action or litigation shall be Orlando, Florida 23.0 Effective Date, Term. Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 36 of 40 Res. No. 2009-24 Attachment A 23.1 Effective Date. The effective date of the Contract shall be October 1. 2009. 23.2 Term. The tern of this Agreement shall be from October 1, 2009 to September 30, 2014, subject to an annual evaluation by the City under paragraph 9.0 herein and termination as provided for in paragraph 14.0 herein. The term of this Agreement may be extended pursuant to paragraph 23.3 herein. 23.3 Renewal. By mutual agreement between the parties, this Agreement may be renewed by exercising a maximum oftwo (2) five (5) year renewal terms. Contractor shall deliver to the City written notice of its desire to renew this Agreement at most One Hundred Eighty (180) days and at least Ninety (90) days prior to the expiration of this Agreement or renewal thereof. 24.0 Disruption in Collection and Disposal Services. In the event a disruption (e.g. strike, labor stoppage, collection equipment in disrepair) causes Contractor to fall one week or more behind in its collection schedule, City may, at its option, cause the collection and disposal services to be performed by any means available to City. Such means may include, but not be limited to, City taking over and operating the collection equipment used in the performance of this Agreement until such time Contractor can perform the collection and disposal services and City contracting with a third party to perform the collection and disposal services. Any cost incurred by City in exercising this option shall be charged against Contractor and the performance bond or alternative letter of credit furnished by Contractor under this Agreement. The foregoing option shall only be exercised by a majority vote of the City's City Council after the City Council has declared that the disruption has caused an emergency to arise within the service area that adversely effects the public health, safety, and welfare. 25.0 Liquidated Daman. It is the intent of Contractor and City to provide for liquidated damages for certain breaches of this Agreement by Contractor. The liquidated damages set forth shall not be construed as a penalty. At the effective date of this Agreement, Contractor and City agree that any damages flowing from Contractor's breach of paragraphs 25.1 through 25.7, inclusive, are not readily ascertainable, and the liquidated damages set forth therein are reasonable and proportionate to any damages that might reasonably be expected from a breach of said paragraphs. As such, should Contractor fail to perform the collection and disposal services required below, City shall be entitled to liquidated damages as follows: 25.1 Legitimate Complaints. For each legitimate complaint in excess of ten (10) per calendar month, liquidated damages shall be $100.00 and $25.00 each complaint in excess of ten. 25.2 Spillage. For each occurrence Contractor fails to clean up litter or spillage (which is prohibited by paragraphs 4.1(D) and 4.1(1-1), liquidated damages shall be $25.00 per occurrence. Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 37 of 40 Res. No. 2009-24 Attachment A 25.3 Collection Vehicles and Containers. For each occurrence Contractor fails to promptly clean collection vehicles or change mechanical containers or compactors at the request of the Authorized Representative, liquidated damages shall be $25.00 per vehicle or container. 25.4 Unattended Collection Vehicles. For each occurrence Contractor leaves a loaded collection vehicle unattended on the street unnecessarily, liquidated damages shall be $25.00 per occurrence. 25.5 Collection Schedules. For each occurrence Contractor fails to maintain a collection schedule required by this Agreement, liquidated damages shall be $250.00 per occurrence and $10.00 for each customer not served on a particular day as regularly scheduled. 25.6 Failure to Keep Collection Vehicles Closed or Covered. For each occurrence Contractor fails to keep a collection vehicle closed or covered, liquidated damages shall be $25.00 per occurrence. 25.7 Failure to Have Back -Up Collection Equipment When Needed. For each occurrence Contractor fails to have back-up collection equipment available to temporarily replace collection equipment that is in a state of disrepairoris inoperable when a customer or the Authorized Representative demands collection and disposal services as required by this Agreement, liquidated damages shall be $25.00 per occurrence. Such liquidated damages shall be deducted from the monthly payments due the Contractor under this Agreement. In the event that Contractor does not accept the deductions, the City shall have the right to claim against the performance bond or letter of credit required under this Agreement. 26.0 Contract is Representative . Contractor shall designate an individual to act as a representat}ve for Contractor under this Agreement with the authority to transmit instructions, receive information, and make or interpret Contractor's decisions. This person shall be Contractor's contract administrator. Initially, the person who shall act as the representative for Contractor with respect to this Agreement shall be Tim Dolan, District Manager. Contractor may from time to time designate other individuals or delete individual's with the authority to act for Contractor under this Agreement with the authority to transmit instructions, receive information, and make or interpret Contractor's decisions. All deletions or designation of individuals to serve as a representative shall be given by written notice. 27.0 Time of tke Essence. Contractor acknowledges and agrees that time is of the essence for the completion of the collection and disposal services to be performed under this Agreement. Unless otherwise extended in writing by the City, Contractor agrees to complete the collection and disposal services as required by this Agreement. Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 38 of 40 Res. No. 2009-24 Attachment A Unless otherwise extended in writing by the City, Contractor agrees to complete the collection and disposal services as required by this Agreement. 28.0 Sovereign Immunity. Nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. 29.0 Franchise Costs. Contractor agrees to pay the reasonable administrative and legal costs incurred by the City in initially granting this Franchise, which shall be Three Thousand and Noll 00 Dollars ($3,000.00). Payment shall be made to the City no later than thirty (30) days from the initial effective date. In the event this Franchise is renewed, transferred or assigned, Contractor or its successor in interest shall pay to the City the reasonable legal and administrative costs incurred with said renewal or assignment, not to exceed Three Thousand and No/100 Dollars ($3,000.00). Payment shall be made to the City no later than thirty (30) days from the effective date of said renewal, transfer, or assignment. 30.0 Title to Refuse. The City shall have the right and title to all refuse, except recycling, collected by Contractor under this Agreement. 31.0 Public Awareness Camp". 31.1 General. Contractor agrees to provide, and assist the City in conducting, a public awareness campaign to promote the collection and disposal services provided under this Agreement. All materials and publications used by Contractor shall be reviewed by the City and approved by the Authorized Representative. All materials and publications used by the City shall be reviewed by Contractor and approved by Contractor's representative. 31.2 Automated Cart Program. Upon the effective date of this Agreement, Contractor shall be implementing their version of an Automated Cart Program within the Service Area. Contractor shall provide communication of said service to all customers receiving the service by direct mail, a letter to all Homeowners' Associations, and City newsletter and website. During the implementation phase, Contractor shall also conduct a customer satisfaction survey which shall be reported to the City in writing upon completion. 32.0 Additional Recycling Comaensation to City. 32.1 The Collector will maintain accurate weight records of each type of recycling material collected within the City. The recyclable materials will be mixed with similar materials collected from other recycling areas. The materials may be held until enough volume is accumulated and/or the offering price appears to be in the best range under the existing condition in the judgment of the Collector at which time the material will be sold. The cost for processing and shipment will be taken out of Solid Waste Agreement City of Cape Canaveral t Waste Pro of Florida, Inc. Page 39 of 40 Res. No. 2009-24 Attachment A the revenue received for the sale of material. The remaining money, if any, will be the City's. The recyclable materials may be handled through a County processing center if and when one is developed. The revenue from the materials would be handled in the same manner as above. Within fifteen (15) days after the Collector receives the revenue for the materials, a check for the City's portion of the money will be mailed to the City. 32.2 The Collector will provide the City with a monthly statement showing the quantity of recyclable material collected, the expenses, and the revenues relating to the recyclable materials. This report will identify by week, by type of material, the amount of recyclable materials collected from the City. It will also show the accumulative amounts of material from the City at the Collector's site, and the amount of the City's materials sold that month. Within two (2) weeks of each materials sales, a report will be issued to the City showing the amount of materials from the City that was involved in the same, the portion of the processing and shipping cost, and the amount of money due the City. If the cost exceeds the revenue, there will be no charge to the City, but if the revenue exceeds the cost, the City will receive one hundred percent (1001/o) of the excess. ATTEST: CORPORATE SEAL: 01; Print Name/TitleAcg' (f/egff CITY OF CAPE CANAVERAL, FLORIDA I �L By: Rocky Randels, Aayor WASTE PRO OF FLORIDA, INC. By 1AW Print 1 me/Title R:p Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 40 of 40 Res. No. 2009-24 Attachment A City of Cape Canaveral solid waste rate schedule Exhibit "A" Services billed by the City User Category Monthly fee Single Family - CART, yard waste, $8.80 Bulk, single stream recycling service and weekly clam truck yard waste pick up. Multi-Famlly CART & bulk service $4.70 Multi -Family recycling - single stream CARTS $1.75 Commercial CART service $10.75 Monthly Container (dtnnpster) yards $26.25 cubic yard rate $3.03 Extra pick-up container yards Services billed directly by the contractor Description of Service $3.95 Roll off container 20 yard open top per pull $160.00 30 yard open top per pull $160.00 40 yard open top per pull $160.00 Roll off compactors 15 yard monthly rate 5450.00 20 yard monthly rate $450.00 30 yard monthly rate $450.00 40 yard monthly rate 5450.0 Compactor per pull charge 15 yard per pull $160.00 20 yard per pull $160.00 30 yard per pull 5160.00 40 yard per pull 5160.00 Delivery charge for all roll off $75.00 type containers. Additional charges for commercial Containers. Wheels on containers - monthly $35.00 locking bars and locks - monthly $35.00 Multi-Family/Commercial yard waste Full clam truck per pick up - more then 10 cubic yards $120.00 1/2 clam cock per pick up - less then 10 cubic yards $60.00 Res. No. 2009-24 ATTACHMENT B THIS MEMORANDUM OF AGREEMENT made and entered into this 4th day of August, 2009, by and between the CITY OF CAPE CANAVERAL, FLORIDA, a Florida Municipal Corporation, located at 105 Polk Avenue, Cape Canaveral, Florida 32920 (hereinafter "City") and WASTE PRO OF FLORIDA, INC., a Florida Corporation, located at 2101 W. State Road 434, Suite 315, Longwood, Florida 32779 (hereinafter "Contractor"). WITNESSETH: WHEREAS, the City and Contractor have entered into a Solid Waste Agreement, dated August 4, 2009, which becomes effective on October 1, 2009; and WHEREAS, Contractor has voluntarily agreed to provide the City of Cape Canaveral with enhanced services and equipment under the Solid Waste Agreement; and WHEREAS, Contractor and City desire to memorialize the enhanced services and equipment as set forth in this Memorandum of Agreement. NOW THEREFORE, in consideration of the mutual covenants, agreements, and consideration contained herein, the City and Contractor agree as hereinafter set forth: 1.0 Recitals. The foregoing recitals are true and accurate and are incorporated herein by reference. 2.0 Enhanced Services and Equipment. In addition to the services and equipment provided by Contractor under the Solid Waste Agreement, Contractor voluntarily agrees to provide the following enhanced services and equipment: 2.1 Contractor shall pay the City an additional $5,000.00 to cover the City's franchise costs incurred pursuant to Paragraph 29.0 of the Solid Waste Agreement. The total payment due the City will be $8,000.00. 2.2 If requested by the Customer, Contractor will provide 14 or 18 gallon recycling bins or a recycling CART at the same cost as the 14 gallon recycling bins. 2.3 In addition to aluminum or plastic containers, Contractor may use other containers that are made of corrosive resistant material in order to take advantage of new technologies that the City determines will enhance customer service. 2.4 Contractor shall deodorize commercial front load and roll off containers on an as -need basis. The City reserves the right to request specific containers be deodorized. Further, commercial Memorandum of Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page I of 4 Res. No. 2009-24 Attachment B front load containers which would normally contain food waste or other waste subject to decay shall be disinfected each time they are emptied. 2.5 Contractor shall provide the City with solid waste and recycling services at City facilities at no additional charge. Said service is set forth in EXHIBIT "L" which is attached hereto and fully incorporated herein by this reference. 2.6 Contractor shall have their new Brevard County facility up and running within 90 days of the Effective Date of the Solid Waste Agreement. 2.7 Contractor will collect and dispose of electronic waste (E -Waste). 2.8 Contractor shall maintain an online web -based customer complaint tracking system at no additional expense to the City. Contractor shall provide the City with electronic access to the tracking system so the City can freely review the complaints filed in the system. 2.9 Contractor shall provide a minimum of $2,000.00 a year for public awareness for the City's recycling program. 2.10 Contractor shall provide additional activation assets that can be used to timely and adequately respond to debris and solid waste removal during disasters. 2.11 Upon the Effective Date, Contractor shall utilize all new primary equipment for residential and commercial collection and disposal. However, back-up equipment does not have to be new. The claw truck shall be a new hybrid vehicle. 2.12 Contractor shall maintain an enhanced recycling program by using SCORE and collecting E -Waste at the curb for residential customers at no additional cost. 2.13 Contractor shall provide recycling services for special events held in the City. 2.14 Contractor will use a semi -automated program for collecting and disposing of waste so that all waste brought to the appropriate collection point is collected and disposed of in accordance with Solid Waste Agreement. 2.15 Contractor shall provide an annual maintenance schedule for front load commercial containers. 2.16 Contractor shall provide the City with a customer service manual or program educational material, in a form deemed acceptable to the City, prior to the Effective Date. 2.17 Contractor shall not utilize any temporary labor in providing collection and disposal Memorandum of Agreement City of Cape Canaveral I Waste Pro of Florida, Inc. Page 2 of 4 Res. No. 2009-24 Attachment B services to the City under the Solid Waste Agreement. All labor used shall be on Contractor's payroll. 2.18 Contractor shall maintain membership in Keep Brevard Beautiful during the entire term of the Solid Waste Agreement. 2.19 During collection days, Contractor will assign a supervisor who will be responsible for collecting car tires, car batteries, and similar materials that are not collected by the regular collection vehicle. 2.20 On a daily basis, Contractor shall have a supervisor ride the streets to address collection and disposal issues as they arise. 2.21 Contractor shall reimburse the City on a monthly basis for the City's expenses incurred under the Municipal Tracking System Trac EZ User Agreement. Said amount is anticipated to be approximately $250.00 per month at the Effective Date subject to annual CPI adjustments. Said amount shall be deducted from the amount owed Contractor by the City each month. 2.22 Restaurant containers will be inspected monthly by Contractor. Containers will be painted on a yearly basis or more often if necessary. 2.23 Collection vehicles will be personalized for the City of Cape Canaveral. 2.24 Contractor and City will conduct a j oint marketing program for small business recycling. Contractor agrees to tailor its services to meet the individual needs of a business. If traditional recycling programs for multi -family recycling customers are not deemed acceptable to the customers and the City, Contractor will design a recycling option that works for the City and its multi -family recycling customers. [Signature Page Follows] Memorandum of Agreement City of Cape Canaveral I Waste Pro of Florida, Inc. Page 3 of 4 F.11M1*11 PA11W wr CORPORATE SEAL: Res. No. 2009-24 Attachment B CITY OF CAPE CANAVERAL, FLORIDA: By:� -) 4 , ( S � , " Rocky'. yor WASTE PRO OF FLORIDA, INC. By: Print Name/Title: /qiA%T/(iS�ye/~ Print N e itle: Ti�►t ��.JI+> W Q Memorandum of Agreement City of Cape Canaveral I Waste Pro of Florida, Inc. Page 4 of 4 Res. No. 2009-24 Attaclunent B EXHIBIT I CITY SOLID WASTE AND RECYCLING (Free Services) The list of services outlined in this exhibit will be provided to the City free of charge. This list will be updated as permanent facilities are added to the City facilities. Temporary construction projects are not included in this list. Commercial Service Solid Waste Facility Recycling Program Facilily Location Size Frequency MT City Hall Annex 111 Polk Ave 4 yard twice a week one dumpster City Library 201 Polk Ave 2 yard twice a week one dumpster Public Works 601 Thurm Blvd 2 yard twice a week one dumpster Fire Department 190 Jackson Ave 2 yard twice a week one dumpster Manatee Park 701 Thurm Blvd 2 yard twice a week one dumpster Beach end crossovers and bus stop locations Johnson Avenue 96 gallon 6x a week two Lincoln Avenue 96 gallon 6x a week two Buchanan Avenue 96 gallon 6x a week two Pierce Avenue 96 gallon 6x a week two Fillmore Avenue 96 gallon 6x a week two Taylor Avenue 96 gallon 6x a week two Polk Avenue 96 gallon 6x a week two Tyler Avenue 96 gallon 6x a week two Polk Avenue 96 gallon 6x a week two Tyler Avenue 96 gallon 6x a week two Harrison Avenue 96 gallon 6x a week two Jackson Avenue 96 gallon 6x a week two Monroe Avenue 96 gallon 6x a week two Madison Avenue 96 gallon 6x a week two Jefferson Avenue 96 gallon 6x a week two Adams Avenue 96 gallon 6x a week two Washington Avenue 96 gallon 6x a week two Canaveral Sands 96 gallon 6x a week two Harbor Heights 96 gallon 6x a week two All Public Transportation Bus Stop locations currently in place and any future Bus Stop additional locations added by the City will be emptied 6x a week. It will be the City's responsibility to notify Contractor of additional locations. Facility Location QTY size Freaueocv City Sponsored SPECIAL EVENTS (Shall Include recycling containers per event organizer) Art Festival (2 days) Manatee Park 701 Thurm Blvd 4 32 gallon 1 daily event pick up Community Celebration Manatee Park 701 Thurm Blvd 2 32 gallon 1 daily event pick up Movie in the Park (61year) Manatee Park 701 Thurm Blvd 4 32 gallon 1 dally event pickup Fall Festival Manatee Park 701 Thurm Blvd 2 32 gallon 1 daily event pickup Reindeer 6K Run Cherie Down Park 8492 Ridgewood Ave 4 32 gallon 1 dally event pickup Attachment 2 RESOLUTION NO 2014-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ADOPTING A REVISED SOLID WASTE FRANCHISE AGREEMENT WITH WASTE PRO OF FLORIDA, INC.; ADOPTING THE SOLID WASTE RATES SET FORTH IN THE SOLID WASTE FRANCHISE AGREEMENT; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority under Section 2 (b) Article VIII of the State Constitution to exercise any power for municipal purposes except when expressly prohibited by law; and WHEREAS, there is an immediate and continuing need for the collection and disposal of bulk trash, refuse, vegetative waste, recyclable materials, white goods, and construction and demolition debris from residents, businesses, and other entities within the municipal boundaries of the City of Cape Canaveral; and WHEREAS, Waste Pro of Florida, Inc. ("Waste Pro") has the necessary equipment, personnel and experience to properly collect and dispose of solid waste; and WHEREAS, Resolution 2009-24, adopted on August 4, 2009 awarded a franchise to Waste Pro of Florida, Inc and included two five (5) year renewals; and WHEREAS, on July 19, 2011 the City and Waste Pro mutually agreed to amend the Franchise Agreement to streamline/simplify billing for Commercial customers to include the billing for the wheels and lock bars services provided by Waste Pro; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Resolution to be in the best interests of the public health, safety, and welfare of the citizens of the City of Cape Canaveral, its businesses and other entities to grant the franchise to Waste Pro of Florida, Inc. to provide for the collection and disposal of bulk trash, refuse, vegetative waste, recyclable materials, and construction & demolition debris as agreed upon in the attached Solid Waste Franchise Agreement effective October 1, 2014; and NOW THEREFORE, be it resolved by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference and are deemed a material part of this Resolution. City of Cape Canaveral Resolution No. 2014-28 Page 1 of 2 Section 2. Adoption of a Solid Waste Franchise Agreement. The City Council of the City of Cape Canaveral, Florida hereby approves and adopts the Solid Waste Franchise Agreement between the City of Cape Canaveral, Florida, and Waste Pro of Florida, Inc. A copy of said agreement is attached hereto as "Attachment A," and is fully incorporated herein by this reference and shall become effective on October 1, 2014. Section 3. Adoption of Solid Waste Rates. The City Council of the City of Cape Canaveral, Florida hereby approves and adopts the solid waste rates set forth in "Exhibit A" to the Solid Waste Franchise Agreement attached hereto as "Attachment A" and authorizes the amendment of the rate schedule per the terms and conditions set forth in the Agreement attached hereto as "Attachment A". Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction such portion shall be deemed a separate distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council. RESOLVED by the City Council of the City of Cape Canaveral Florida in a regular meeting assembled on day of , 2014. Rocky Randels, Mayor ATTEST: Name FOR AGAINST John Bond Angela Apperson, Bob Hoog City Clerk Buzz Petsos Rocky Randels Betty Walsh Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No. 2014-28 Page 2 of 2 Attachment "A" to Resolution No. 2014-28 SOLID WASTE FRANCHISE AGREEMENT THIS AGREEMENT made and entered into this day of , 2014, by and between the CITY OF CAPE CANAVERAL, FLORIDA, a Florida Municipal Corporation, located at 105 Polk Avenue, Cape Canaveral, Florida 32920 (hereinafter "City ") and WASTE PRO OF FLORIDA, INC., a Florida Corporation, located at 2101 W. State Road 434, Suite 315, Longwood, Florida 32779 (hereinafter "Contractor"). WITNESSETH: WHEREAS, there is an immediate and continuing need for the collection and disposal of bulk trash, refuse, vegetative waste, and recyclable materials from residents, businesses, and other entities within the municipal boundaries of the City of Cape Canaveral; and WHEREAS, in 2009 the City completed a competitive bidding process for the collection and disposal of bulk trash, refuse, vegetative waste, and recyclable materials within the City of Cape Canaveral; and WHEREAS, Contractor has the necessary equipment, personnel, and experience to properly perform the collection and disposal services described herein; and WHEREAS, upon review of the competitive bids submitted, the City Council of the City of Cape Canaveral determined that Contractor's bid was the lowest and most responsible bid submitted, and the City Council determined that it is in the best interests of the public health, safety, and welfare of the citizens of the City of Cape Canaveral and its resident businesses and entities to award a franchise to Contractor to provide for the collection and disposal of bulk trash, refuse, vegetative waste, and recyclable materials upon the terms and conditions more particularly described herein; and WHEREAS, in consideration of the excellent service provided by the Contractor, the September 2014 expiration and the need to clarify certain portions of the contract; both parties have decided it is in the best interests of both to re -negotiate the 2009 contract. NOW THEREFORE, in consideration of the mutual covenants, agreements, and consideration contained herein, the City and Contractor agree as hereinafter set forth: 1.0 Recitals. The foregoing recitals are true and accurate and are incorporated herein by reference. 2.0 Definitions. The following words and phrases contained in this Agreement shall have the meaning ascribed in this section unless the context clearly indicates otherwise: 2.1 Authorized Representative: Shall mean the City Manager or his designee who shall represent the City in the administration and supervision of the Agreement. The City Manager's designee, if any, shall be appointed in writing, and said Solid Waste Franchise Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 1 of 42 Attachment "A" to Resolution No. 2014-28 appointment may be for the administration and supervision of this Agreement, in whole or in part. 2.2 Biohazardous Waste: Shall mean any solid waste or liquid waste which may present a threat of infection or disease to humans or may reasonably be suspected of harboring pathogenic organisms. The term includes, but is not limited to, non—liquid human tissue and body parts; laboratory and veterinary waste, which contain human -disease -causing agents; used or contaminated disposable sharps (e.g. hypodermic needles, syringes, broken glass, and scalpel blades), human blood, and human blood products and body fluids; and other materials which in the opinion of the Department of Health and Rehabilitative Services represent a significant risk of infection to persons outside the generating facility. 2.3 Biological Waste: Shall mean solid waste that causes or has the capability of causing disease or infection and includes, but is not limited to, Biohazardous waste, diseased or dead animals, and other waste capable of transmitting pathogens to humans or animals. 2.4 Bulk Trash: Shall mean any non -vegetative item which cannot be containerized, bagged or bundled; including, but not limited to, inoperative and discarded refrigerators, ranges, toilets, washers, dryers, bath tubs, water heaters, sinks, bicycles, car tires, and other similar appliances; household goods, and furniture and shall not be commingled with vegetative waste. 2.5 City: Shall mean the City of Cape Canaveral, a Florida Municipal Corporation located in Brevard County, Florida, acting through its City Council or Authorized Representative. 2.6 City Council: Shall mean the City Council of the City of Cape Canaveral, Florida. 2.7 City Code or Code: Shall mean the Code of Ordinances of the City of Cape Canaveral, Florida. 2.8 Collection and Disposal Service: Shall mean the process whereby refuse, bulk trash, vegetative waste, or recyclable material is collected and transported for disposal by Contractor under this Agreement to a designated facility or some other approved disposal facility. 2.9 Collection Equipment: Shall mean any vehicle or equipment that is used by Contractor to perform the collection and disposal services required by this Agreement. 2.10 Collection Vehicle: Shall mean any vehicle that is used by Contractor to perform the collection and disposal services required by this Agreement. Solid Waste Franchise Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 2 of 42 Attachment "A" to Resolution No. 2014-28 2.11 Collection Regulations: Shall mean any local, state, and federal laws and administrative rules that regulate any and all aspects of collection and disposal services, as may be in existence during the term of this Agreement. 2.12 Commercial Service: Shall herein refer to the collection and disposal services provided to business establishments, churches, schools, multiple dwelling units, office buildings and other commercial establishments serviced by mechanical container and/or commercial 96 gallon cart service. Commercial Service is further defined as any service identified within Exhibit "A" other than Service Code SFR1, MHR2, and RCCM. 2.13 Commercial Trash: Shall mean any and all accumulations of paper, rags, excelsior or other packing materials, furniture, appliances, wood, cardboard boxes or containers, sweepings, and any other similar accumulation not included under the definition of garbage, generated by the operation of stores, offices, and other commercial establishments. Commercial trash shall not include special waste. 2.14 Complaint: Shall mean verbal or written indication from a customer or its Authorized Representative of a problem with any aspect of the collection and disposal services provided by Contractor pursuant to this Agreement, whether or not the problem results in a service call by Contractor. 2.15 Construction and Demolition Debris: Shall have the same meaning proscribed in 62-701.200(24), Florida Administrative Code, which at the effective date of this Agreement means: Discarded materials generally considered to be not water soluble and non- hazardous in nature, including but not limited to steel, glass, brick, concrete, asphalt material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, including such debris from construction of structures at a site remote from the construction or demolition project site. The term includes rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land development operations for a construction project; clean cardboard, paper, plastic, wood, and metal scraps from a construction project; except as provided in Section 403.707(9)0), F.S., yard trash and unpainted, non -treated wood scraps from sources other than construction or demolition projects; scrap from manufacturing facilities that is the type of material generally used in construction projects and that would meet the definition of construction and demolition debris if it were generated as part of a construction or demolition project, including debris from the construction of manufactured homes and scrap shingles, wallboard, siding concrete, and similar materials from industrial or commercial facilities and de minimis amounts of other non -hazardous wastes that are generated at construction or demolition Solid Waste Franchise Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 3 of 42 Attachment "A" to Resolution No. 2014-28 projects, provided such amounts are consistent with best management practices of the construction and demolition industries. Mixing of construction and demolition debris with other types of solid waste will cause it to be classified as other than construction and demolition debris. 2.16 Contract or Agreement: Shall mean this Contract, and any amendments, executed by the City and the Contractor or renewals from time to time, for the performance of the collection and disposal services described herein. 2.17 Contractor or Franchisee: Shall mean Waste Pro of Florida., Inc. and its directors, officers, employees, agents, contractors, and assigns. 2.18 CPI: Shall mean the Consumer Price Index —All Urban Consumers, Series ID: CUURXOOOSAO, not seasonally adjusted, size class B/C (between 50,000 and 1,500,000), all items, base period December 1996=100, as published by the United States Department of Labor, Department of Labor Statistics. 2.19 Customer: Shall mean City and any person, establishment or entity who receives, is required to receive, or requests collection and disposal services within the service area. 2.20 Designated Facility: Shall mean a disposal processing, recovery, recycling or transfer facility designated by the Authorized Representative. 2.21 Disposal Costs: Shall mean the "tipping fees" or landfill costs charged to the Contractor by others for the disposal of solid waste collected by the Contractor in performing collection and disposal services provided hereunder. 2.22 Dispute: Shall mean a disagreement between Contractor and City concerning a question of fact, interpretation of this Agreement, Contractor's compliance and performance with the terms and conditions of this Agreement, and Contractor's level of service provided while performing collection and disposal services. A dispute does not include a disagreement concerning an annual evaluation as provided in paragraph 9.3. 2.23 E -Waste: Shall mean Electronic Waste that includes, but is not limited to, computer towers; laptop computers; keyboards, zip and external hard drives; flat screen monitors, scanners, printers, battery backup units; speakers, cables and related accessories; AN equipment including amps, receivers, DVD, VCR, televisions, cassette and reel to reel tape players, turntables & related electrical hardware; power tools (plug-in and rechargeable); battery packs and chargers; communication devices (hand held & ham radios, pagers, cell phones, cordless & wired phones); rechargeable appliances (dust -busters, shavers, flashlights, small toys, fans); digital cameras, recorders, GPS units and related hardware; remote controls; electrical motors up to 3 HP; microwave ovens; all circuit Solid Waste Franchise Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 4 of 42 Attachment "A" to Resolution No. 2014-28 boards; all Mercury -Containing Devices; i.e., fluorescent tubes and compact fluorescent bulbs; HID bulbs; thermostats, thermometers and switches. 2.24 Franchise: Shall mean an initial authorization or renewal thereof, voluntarily entered into by the Contractor and issued by the City, whether such authorization is referred to as a franchise permit, license, ordinance, resolution, agreement, or contract, which authorizes collection and disposal services within the service area. All franchises shall be presumed to be non-exclusive unless otherwise specifically authorized by City in writing. Any such authorization, in whatever form granted, shall not mean or include any franchise or permit required for the privilege of transacting and carrying on a business within the service area as required by other Code provisions and ordinances of the City. 2.25 Garbage: Shall mean all putrescible waste which generally includes, but is not limited to, kitchen and table food waste, animal, vegetative, food or any organic waste that is attendant with or results from the storage, preparation, cooking or handling of food materials whether attributed to residential or commercial activities. Garbage shall not include special waste. 2.26 Hazardous Waste: Shall mean waste defined as hazardous waste pursuant to local, state, and federal law. 2.27 Household Trash: Shall mean the accumulation of paper, excelsior, rags, wooden or paper boxes and containers, sweepings, broken toys, tools, utensils, whole automobile tires (not to exceed an amount permitted by the designated facility), construction and demolition debris from "do-it-yourself' projects not to exceed two cubic yards per customer per collection, and all other accumulations of a similar nature other than garbage and vegetative waste, which are usual to housekeeping, "do-it-yourself' home improvements, and home occupations (as defined by City Code). 2.28 Mechanical Container: Shall mean and include plastic or metal containers 2 cubic yards and greater dumped mechanically by a collection vehicle and able to be serviced by Contractor. 2.29 Multiple Dwelling Units: Shall mean any building containing three (3) or more permanent living units, not including motels and hotels. 2.30 Performance and Payment Bond or Letter of Credit: Shall mean the form of security approved by the City and furnished by the Contractor as required by this Contract as a guarantee that the Contractor will perform the collection and disposal services in accordance with the terms of the Contract. 2.31 Recyclable Materials: Shall mean newspapers (including inserts), aluminum and tin cans, plastic containers (HDPE and PET), brown, clear and green glass bottles and jars, and other solid waste materials added upon written agreement Solid Waste Franchise Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 5 of 42 Attachment "A" to Resolution No. 2014-28 between the City and the Contractor, when such materials have been either diverted from the remaining solid waste stream or removed prior to their entry into the remaining solid waste stream. 2.32 Recycling: Shall mean any process by which recyclable materials are collected, separated, and processed for purposes of extracting or reusing the raw materials contained in the recyclable materials. 2.33 Recycling Container: Shall mean a minimum fourteen (14) gallon recycling bin or larger cart used by residential customers and one or more ninety-six (96) gallon recycling carts for commercial and multiple dwelling unit customers, or other types of recycling bins approved by the Authorized Representative, to store recyclable materials for collection and disposal service. 2.34 Refuse: Shall mean commercial trash, household trash and garbage, or a combination or mixture thereof. 2.35 Refuse Container: Shall mean a heavy plastic receptacle, with a rated capacity of not more than ninety-six (96) gallons, having hinged tight -fitting lid and wheels, which is designed or intended to be used for automated or semi - automated collection. Carts will be provided by and distributed by the Contractor. Contractor shall retain ownership of the carts. 2.36 Roll -off Container: Shall mean a dumpster which is used for the collection and disposal of construction and demolition debris or solid waste. The roll -off container may be of the open or enclosed variety and is typically hoisted onto a specially equipped truck for transporting the construction/demolition debris or solid waste to a designated facility. 2.37 Residential: Shall mean single family detached homes, duplexes, multiple dwelling units, and mobile home/RV parks. 2.38 Residential Service: Shall mean collection and disposal services provided to persons occupying residential dwelling units, mobile homes, RV parks and multiple dwelling units not receiving commercial service under this Agreement. Residential service is further defined as services identified within Exhibit "A" with a Service Code o£ SFR1, MHR2, and RCCM. 2.39 Service Area: Shall mean the area within the municipal boundaries of the City of Cape Canaveral, Florida, as may be modified from time to time pursuant to Chapter 171, Florida Statutes. 2.40 Sludge: Shall mean the accumulated solids, mixed liquids, residues, and precipitates generated from wastewater treatment, water supply treatment, air pollution control facilities, septic tanks, grease traps, privies, or similar waste disposal appurtenances. Solid Waste Franchise Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 6 of 42 Attachment "A" to Resolution No. 2014-28 2.41 Solid Waste: Shall mean bulk trash, refuse, vegetative waste, and recyclable materials or any combination thereof. 2.42 Special Waste: Shall mean solid wastes that require special handling and management by Contractor, and which are not accepted at the designated facility, other disposal facility, or which are accepted at the designated facility, or other disposal facility, at higher rates than is charged for refuse, including, but not limited to, asbestos, whole tires which do not constitute household trash, used oil, lead—acid batteries, and biohazardous wastes. 2.43 Transfer: Shall mean the disposal, directly or indirectly, by gift, assignment, voluntary sale, merger, consolidation or otherwise, of twenty percent (20%) or more at one time of the ownership or controlling interest of Contractor, or thirty- five percent (35%) cumulatively over the term of the Agreement of such interests to a corporation, partnership, limited partnership, trust or association, or person or group of persons acting in concert or a change in control. Transfer shall not include any transfer or assignment to a person controlling, controlled by, or under the same common control as the Contractor at the effective date of this Agreement. 2.44 Vegetative Waste: Shall mean any vegetative matter resulting from routine and normal yard and landscaping maintenance generated on site and shall include materials such as tree and shrub materials, grass clippings, palm fronds, Christmas trees, tree branches and similar vegetative matter usually produced in the care of lawns, landscaping and yards. Hired Contractors and Landscapers must haul away any vegetation debris they produce. 3.0 Grant of Franchise. There is hereby granted to Contractor an exclusive right, privilege or franchise to collect and transport for disposal of solid waste and construction and demolition debris within the service area, during the term of this Agreement and subject to the limitations and conditions as set forth in this Agreement. All rights granted to Contractor hereunder shall be subject to the continuing right of the City to regulate the City's rights-of-way and to protect the public health, safety, and welfare and shall, at the sole discretion of the City, be in the public's interest. The grant of this Franchise shall not affect the City's right to provide collection and disposal services not expressly and unambiguously provided hereunder to Contractor on an exclusive basis or during an emergency. In the event of any conflict or ambiguity hereunder as to whether a collection and disposal service is exclusively granted to Contractor, the conflict or ambiguity shall be construed as granting Contractor a non-exclusive Franchise with respect to the collection and disposal service at issue. Nothing under this Agreement shall be construed as providing any Franchise for collection and disposal services not expressly provided for hereunder. 4.0 Scope of Work. It is the intent of this Franchise to provide for the exclusive collection and disposal service of solid waste within the service area, with the exception of the Solid Waste Franchise Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 7 of 42 Attachment "A" to Resolution No. 2014-28 exclusions specifically set forth in this Agreement. Contractor shall perform the collection and disposal services under the following terms and conditions, all of which shall be a material part of this Agreement: 4.1 General Requirements: Contractor shall fully comply with the following: A. Laws and Regulations. Contractor shall be familiar and comply with all collection regulations and shall be solely responsible for determining, absorbing, and adjusting to the financial and practical impact such regulations have on its operation. B. Labor, Insurance, Equipment, etc. Contractor shall provide, at its sole cost and expense, all labor, insurance, supervision, machinery, equipment, plant and office buildings, trucks, tools, equipment, and accessories necessary to perform the collection and disposal services in accordance with the level of service required by this Agreement. C. Protection of Public/Private Property and Utilities. Contractor shall conduct his work in such a manner as to avoid damage to private or public property and shall repair or pay for any damage caused by its operations, except reasonable wear and tear to roadways. Contractor shall have knowledge of all existing utilities and operate with due care in the vicinity of such utilities and shall repair or have repaired, at no additional cost to the customer or utility owner, any breakage or damage caused by its operations. D. Spillage. Contractor shall not cause any spillage of solid waste to occur upon private or public property or the rights-of-way wherein the collection and disposal service occurs. Collection and disposal service shall be performed by Contractor to avoid leaking, spilling, and blowing of solid waste. In the event of any spillage caused by Contractor, Contractor shall promptly clean up all spillage at its expense. Contractor shall maintain sufficient equipment on each collection vehicle (e.g. fork, broom, shovel) to pick up spillage. In addition, Contractor shall promptly clean up all fluid spillage from collection equipment to the maximum extent feasible and promptly notify the Authorized Representative of all such fluid spillage. E. Designated Facility. All solid waste shall be hauled to a designated facility as directed in writing by the Authorized Representative and disposed of at those facilities. At present, such designated facility includes the Brevard County disposal facility. F. Holidays. Contractor has the option to provide collection and disposal service on holidays observed by the City. The City shall provide a list of such holidays to the Contractor annually. Any disposal and collection Solid Waste Franchise Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 8 of 42 Attachment "A" to Resolution No. 2014-28 service that would have been regularly provided, but for the holiday, shall be provided the next regularly scheduled pick-up day after the holiday, unless otherwise directed by the Authorized Representative in writing. Contractor shall maintain the frequency of collection required by paragraphs 4.2(A), 4.3(A), and 4.4(A) during holiday weeks. Contractor shall coordinate with Authorized Representative to inform the customers of any variance in the collection schedules resulting from a holiday at least five (5) days prior to each holiday. G. Contractor's Office. Contractor shall provide, at its sole cost and expense, a suitable office located within reasonable proximity to the service area. Within said office, Contractor shall maintain, during Contractor's normal working hours, a staff and a local telephone number where complaints and requests for collection and disposal service shall be received, recorded in a log, and handled during Contractor's normal working hours. The office shall also provide for a means to promptly handle emergency complaints and requests for service. H. Litter and Dangerous Animals. Contractor shall not be responsible for scattered solid waste which can be categorized as litter unless the same has been caused by Contractors acts or omissions, in which case, all such scattered solid waste shall be picked up immediately by Contractor. Contractor is also required to pick-up and dispose of any dead animals "road kill" found on the streets or sidewalks of the service area. Contractor shall maintain sufficient equipment on each collection vehicle (e.g. fork, broom, shovel) to pick up such scattered solid waste. Contractor shall not be required to expose themselves to the danger of being bitten by vicious dogs and animals, roaming at large, in order to accomplish collection and disposal services. However, in the event Contractor is unable to provide collection and disposal services to a customer under such conditions, Contractor shall promptly notify the Authorized Representative and customer, in writing, of such conditions and its inability to provide such collection and disposal services. I. Hours and Days. Except for unusual circumstances approved by the Authorized Representative in writing or as otherwise provided elsewhere in this Agreement, Contractor shall not perform collection and disposal services prior to 7:00 A.M. or after 7:00 P.M., E.S.T., Monday through Saturday. No collection and disposal services shall normally occur on Sundays and holidays designated in paragraph 4.1(F) unless authorized in writing by the Authorized Representative. J. Tagging Solid Waste Improperly Containerized. In the event solid waste is not containerized, bundled, or piled pursuant to this Agreement and Contractor does not perform collection and disposal services regarding such solid waste, Contractor shall tag the container, bundle, Solid Waste Franchise Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 9 of 42 Attachment "A" to Resolution No. 2014-28 pile, or subject property with a written notice containing a brief explanation why the container, bundle, or pile was not collected and disposed of and promptly notify the Authorized Representative. The solid waste shall be collected and disposed of at the next regularly scheduled collection day, provided the solid waste is properly containerized, bundled, or piled. K. Customer Report; City Billing Database. Contractor and City agree that the monthly customer report required to be maintained and filed by Contractor pursuant to paragraph 19.3(A) is vital to keeping an accurate account of all customers receiving collection and disposal services under this Agreement and for ensuring accurate billing of customers by City. To this end, Contractor and City agree that each party must diligently maintain an accurate, up-to-date list of customers and the collection and disposal services received by those customers. The Contractor shall promptly notify the City of any new and existing Customers requesting collection and disposal services and any current Customers terminating such services. L. Site Plan/Development Review. City shall notify Contractor of pending site plan and development review applications in order to give Contractor an opportunity to comment during the review process on the placement of refuse or mechanical containers and the point of collection of solid waste. 4.2 Residential Service. Contractor shall provide residential collection and disposal service as follows: A. Frequency of Collection. Contractor shall provide collection and disposal services for household trash and garbage at least two (2) times per week, with collections at least three (3) days apart, and for bulk trash, vegetative waste, and recyclable materials not less than once per week. B. Point of Collection. Collection of household trash, garbage, bulk trash, vegetative waste, and recyclable materials shall be within five (5) feet of curbside. In the event an appropriate location cannot be agreed upon by the customer and Contractor, the Authorized Representatives shall designate the location. The Contractor and Authorized Representative shall mutually agree upon a point of collection locations for non - conforming service areas. For customers who are certified by a doctor as disabled and are unable to place household trash, garbage, or recyclable materials at the curb, collection shall be from the disabled customer's garage door or some other location acceptable to the customer. The refuse container and/or recycling container shall be returned by Contractor to the garage door or other location reasonably convenient to customer. Solid Waste Franchise Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 10 of 42 Attachment "A" to Resolution No. 2014-28 C. Containers and Preparation. 1. Household Trash and Garbage. Garbage and household trash shall be placed only in carts. Contractor shall be required to provide collection and disposal services for all household trash and garbage generated from residential customers which has been properly prepared and stored in a refuse container provided under the Automated Cart Program. Customers will be responsible for associated fees set forth in Exhibit "A". 2. Recyclable Materials. Contractor shall be required to provide collection and disposal services for all recyclable materials generated from residential customers which have been properly prepared and stored in a recycling container. Customers will be responsible for associated fees set forth in Exhibit "A". 3. Vegetative Waste. Contractor shall be required to provide collection and disposal services for all vegetative waste generated from residential customers provided same are placed in a refuse container (cart) provided under the Automated Cart Program. Vegetative waste shall be segregated from the garbage and household trash which shall be placed in a separate cart. All leaves and pine needles, ornamental shrubs, clippings and tree trimmings with branches less than 3 inches in diameter making up not more than one cubic yard shall be placed in the cart. Tree limbs, tree trunks, palm fronds, etc., shall be cut in lengths of no greater than four (4) feet in length and shall not exceed fifty (50) pounds per limb, trunk, frond, or bundle thereof. A special pick- up will be required when a "Cherry Picker, Claw or Clam" type collection vehicle is required to collect excess piles of vegetative waste in excess of the maximum length and poundage set forth in this paragraph. Unbundled piles of yard waste will be subject to a minimum '/z Claw Truck fee per pickup for less than 10 yards or full Claw Truck fee per pickup for more than 10 yards. Hired Contractors and Landscapers must haul away any vegetation debris they produce. Customers will be responsible for associated fees set forth in Exhibit "A". 4. Bulk Trash. Contractor shall be required to provide collection and disposal services for all bulk trash generated from residential customers regardless of whether it is containerized. Solid Waste Franchise Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 11 of 42 Attachment "A" to Resolution No. 2014-28 5. E -Waste. Contractor will collect and dispose of electronic waste placed curbside at no additional cost. 4.3 Commercial Service. Contractor shall provide commercial collection and disposal service as follows: A. Frequency of Collection. Contractor shall provide collection and disposal services for commercial trash and garbage at least two (2) times per week for unsealed containers, and more frequently as mutually agreed to by Contractor and the commercial customer. For vegetative waste and recyclable materials (if vegetative waste and/or recyclable material service is requested by customer) not less than once per week for an additional charge (Exhibit "A" rate schedule). B. Point of Collection. Collection of commercial trash, garbage, vegetative waste, and recyclable material shall be at a location mutually agreed upon by the customer and Contractor, and approved by the Authorized Representative. If mutual agreement cannot be reached between customer and Contractor, the Authorized Representative shall designate the location. However, in the event the location was approved as part of a site plan or development review process, the location shall be as shown on the final approved site or development plan. To the maximum extent feasible, the designated location shall be located in a place that provides for safe, convenient, and expedient access by Contractor. C. Containers and Preparation. 1. Commercial Trash and Garbage. Contractor shall be required to provide collection and disposal services for all commercial trash and garbage generated by commercial customers which has been properly prepared and stored in a refuse container, mechanical container, roll -off container, or compactor under the following conditions: a. Customers shall be permitted to use refuse containers (carts) provided the amount of commercial trash and garbage per collection can be stored in a maximum of four (4) 96 gallon carts; otherwise, customers shall be required to use one or more of the following: mechanical containers, compactor service, roll -off containers. Contractor shall provide such customers with one (1) 96 gallon cart. Customers may purchase additional carts for a fee and shall pay the monthly service rate as set forth in Exhibit "A". Solid Waste Franchise Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 12 of 42 Attachment "A" to Resolution No. 2014-28 b. Contractor shall be required to provide an adequate number of mechanical containers, compactors, or roll -off containers to customers who request or exceed the maximum number of refuse containers. Mechanical containers and roll -off containers shall be provided at Contractor's sole expense and shall remain the property of Contractor, unless the mechanical container or roll -off container is owned by the customer. Compactors shall be provided as mutually agreed to by Contractor and customer. Customer shall be responsible for associated fees as set forth in Exhibit "A". C. Contractor shall deodorize commercial front load and roll- off containers on an as -need basis. The City reserves the right to request specific containers be deodorized. Further, commercial front load containers which would normally contain food waste or other waste subject to decay shall be disinfected each time emptied. d. Restaurant containers will be inspected monthly by Contractor. Containers will be painted on a yearly basis or more often, if necessary. 2. Recyclable Materials. Contractor shall provide collection and disposal services for recyclable materials generated from commercial customers who specifically request such service or as required by the City. If requested, recyclable materials shall be properly prepared and stored in a recycling container. Customers will be responsible for associated fees set forth in Exhibit "A". 3. Vegetative Waste. Contractor shall be required to provide collection and disposal services for all vegetative waste generated from commercial customers who specifically request such service and pay associated fees set forth in Exhibit "A". Vegetative waste shall be placed in a refuse container (cart) provided under the Automated Cart Program. Vegetative waste shall be segregated from the garbage and household trash which shall be placed in a separate cart. All leaves and pine needles, ornamental shrubs, clippings and tree trimmings with branches less than 3 inches in diameter making up not more than one cubic yard shall be placed in the cart. Tree limbs, tree trunks, palm fronds, etc., shall be cut in lengths of no greater than four (4) feet in length and shall not exceed fifty (50) pounds per limb, trunk, frond, or bundle thereof. A special pick up will be required when a "Cherry Picker, Claw or Clam" type collection vehicle is required to collect excess piles of vegetative waste in excess of the Solid Waste Franchise Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 13 of 42 Attachment "A" to Resolution No. 2014-28 maximum length and poundage set forth in this paragraph. Unbundled piles of vegetative waste will be subject to a minimum `/2 Claw Truck fee per pick up for less than 10 yards or full Claw Truck fee per pick up for more than 10 yards. Hired Contractors and Landscapers must haul away any vegetative debris they produce. 4.4 Multiple Dwelling Units. Contractor shall provide collection and disposal service as follows: A. Frequency of Collection. Contractor shall provide collection and disposal services for household trash and garbage at least two (2) times per week, with collections at least three (3) days apart, and for bulk trash, vegetative waste and recyclable materials not less than once per week. B. Point of Collection. Collection of household trash, garbage, bulk trash, vegetative waste, and recyclable materials shall be at a location mutually agreed upon by the customer and Contractor, and approved by the Authorized Representative. If mutual agreement cannot be reached between customer and Contractor, the Authorized Representative shall designate the location. However, in the event the location was approved as part of a site plan or development review process, the location shall be as shown on the final approved site or development plan. To the maximum extent feasible, the designated location shall be located in a place that provides for safe, convenient, and expedient access by Contractor. C. Containers and Preparation. 1. Household Trash and Garbage. Contractor shall be required to provide collection and disposal services for all household trash and garbage generated by multiple dwelling units which has been prepared and stored in a refuse container, mechanical container, or compactor under the following conditions: a. The multiple dwelling unit customer shall be permitted to use refuse Containers provided the amount of household trash and garbage per collection can be stored in a maximum of four (4) 96 gallon refuse containers; otherwise, customers shall be required to use mechanical containers or compactor service. b. Contractor shall be required to provide an adequate number of mechanical containers or compactors to customers who request or exceed the maximum number of refuse containers. Mechanical containers shall be provided at Contractor's sole expense and shall remain the property of Contractor, unless Solid Waste Franchise Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 14 of 42 Attachment "A" to Resolution No. 2014-28 the mechanical container is owned by the customer. Compactors shall be provided as mutually agreed to by Contractor and customer. Customer will be responsible for associated fees set forth in Exhibit "A". c. Contractor shall deodorize commercial front load and roll off containers on an as -need basis. The City reserves the right to request specific containers be deodorized. Further, commercial front load containers which would normally contain food waste or other waste subject to decay shall be disinfected each time emptied. Customer will be responsible for associated fees set forth in Exhibit "A". 2. Recyclable Materials. Contractor shall be required to provide collection and disposal services for all recyclable materials generated from multiple dwelling unit customers which have been properly prepared and stored in a recycling container. Customer will be responsible for associated fees set forth in Exhibit "A". 3. Vegetative waste. Contractor shall be required to provide collection and disposal services for all vegetative waste generated from multiple dwelling unit customers who specifically request such service and pay associated fees set forth in Exhibit "A". Multifamily dwelling units receiving residential service shall place vegetative waste in a refuse container (cart) provided under the Automated Cart Program. Vegetative waste shall be segregated from the garbage and household trash which shall be placed in a separate cart. All leaves and pine needles, ornamental shrubs, clippings and tree trimmings with branches less than 3 inches in diameter making up not more than one cubic yard shall be placed in the cart. Tree limbs, tree trunks, palm fronds, etc., shall be cut in lengths of no greater than four (4) feet in length and shall not exceed fifty (50) pounds per limb, trunk, frond, or bundle thereof. A special pick-up will be required when a "Cherry Picker, Claw or Clam" type collection vehicle is required to collect excess piles of vegetative waste in excess of the maximum length and poundage set forth in this paragraph, or if multifamily dwelling unit is receiving commercial service. Unbundled piles of vegetative waste will be subject to a minimum %2 Claw Truck fee per pickup for less than 10 yards or full Claw Truck fee per pickup for more than 10 yards. Hired Contractors and Landscapers must haul away any vegetative debris they produce. Solid Waste Franchise Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 15 of 42 Attachment "A" to Resolution No. 2014-28 4. Bulk Trash. Contractor shall be required to provide collection and disposal services for bulk trash generated from multiple dwelling unit customers regardless of whether it is containerized. 5. E -Waste. Contractor will collect and dispose of electronic waste at no additional cost. 4.5 City Controlled Property. As per Exhibit `B" and as requested, excluding sludge removal, by the Authorized Representative, Contractor shall provide collection and disposal services for all refuse, bulk trash, vegetative waste, and recyclable materials generated by City at properties owned, leased, or otherwise controlled by City. In addition, Contractor shall provide such collection and disposal services for any and all City sponsored special events as agreed to by City and Contractor, and for all City public receptacles located along or in public rights-of-way, sidewalks, beaches, and public recreational facilities. Such collection and disposal services shall be at no charge or expense to City. A. Frequency of Collection. Unless otherwise directed by the Authorized Representative in writing, Contractor shall provide collection and disposal services for refuse at least two (2) times per week, with collections at least three (3) days apart, and for bulk trash, vegetative waste, and recyclable materials not less than once per week. B. Point of Collection. Collection of refuse, bulk trash, vegetative waste, and recyclable materials shall be at locations designated by the Authorized Representative, with consideration given for the safe, convenient, and expedient access by Contractor. C. Containers and Preparation. Refuse. Contractor shall provide collection and disposal services for refuse generated by City which has been properly prepared and stored in a refuse container or mechanical container as determined by the Authorized Representative. Contractor shall provide the mechanical container at Contractor's expense. 2. Recyclable Materials. Contractor shall provide collection and disposal services for all recyclable materials generated by City which have been properly prepared and stored in a recycling container or other container mutually agreed to by the Authorized Representative and Contractor. 3. Vegetative Waste. Contractor shall provide collection and disposal services for all vegetative waste generated by City provided the vegetative waste is containerized in a refuse container. Vegetative waste shall be segregated from the garbage Solid Waste Franchise Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 16 of 42 Attachment "A" to Resolution No. 2014-28 and household trash which shall be placed in a separate container. Notwithstanding, Contractor and City may mutually agree to some other method of preparation and storage for City projects which generate significant amounts of vegetative waste. 4. Bulk Trash. Contractor shall provide collection and disposal services for all bulk trash generated by City regardless of whether it is containerized. 5. E -Waste. Contractor will collect and dispose of electronic waste at no cost. 4.6 Biohazardous, Biological, Hazardous, Sludge, and Special Waste. Contractor shall not be responsible for collection and disposal services for biohazardous waste, biological waste, hazardous waste, sludge, and special waste under this Agreement. However, to the extent qualified and licensed, Contractor may contract with persons and entities within the service area, along with other qualified and licensed contractors, to provide for such collection and disposal services. Contractor shall directly bill such persons and entities for such services at a rate mutually agreed on between Contractor and such persons and entities. 4.7 Construction and Demolition Debris Service. Contractor shall provide collection and disposal service of construction and demolition debris to residential, multiple dwelling units, and commercial customers as follows: A. Exclusive Right. Contractor shall have the exclusive right to provide collection and disposal services for construction and demolition debris utilizing roll -off containers, as that term is defined in paragraph 2.36 of this Agreement, or other appropriate containers. Contractor shall directly bill such services at a rate listed in Exhibit "A". 1. Exclusion. Contractors hauling their own construction and demolition debris are excluded from this provision. B. Frequency of Collection. Contractor shall provide collection and disposal services for construction and demolition debris utilizing roll -off containers or other appropriate containers to customers that specifically request such service or as required by City. Said collection and disposal services shall be provided as frequently as mutually agreed to by Contractor and the customer or as required by the Authorized Representative or City Code to protect the public health, safety, and welfare. C. Point of Collection. Collection of construction and demolition debris shall be at a location mutually agreed upon by the customer and Contractor; collection shall be located within the boundary of the Solid Waste Franchise Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 17 of 42 Attachment "A" to Resolution No. 2014-28 property served, unless otherwise approved by the Authorized Representative. D. Containers and Preparation. Contractor shall provide one or more roll- off containers or other appropriate containers of a size and number mutually agreed to by Contractor and customer. 4.8 Code Enforcement. Upon request of the Authorized Representative, Contractor shall assist the City in its code enforcement efforts by providing collection and disposal service of solid waste and construction and demolition debris located on real property in violation of the City Code. 4.9 Automated Cart Program Contractor has the capability of providing certain automated equipment which may be utilized in conjunction with a toter cart program for garbage and vegetative waste collection ("Automated Cart Program"). Contractor shall implement the Automated Cart Program pursuant to operational terms and conditions negotiated with the City, provided that same shall not result in an increase in total cost to the City. The Contractor shall be responsible for the purchase, distribution, and repair of carts that have been damaged and shall distribute one (1) or two (2) 96 gallon carts to each residential unit depending upon the customer's waste generation requirement. Those customers with minimal waste volumes may select one (1) 64 gallon cart. Contractor shall maintain, at all times, a sufficient number of carts to ensure that all extra or replacement carts can be provided within five work days upon notification by the City or the customer. Contractor shall distribute fully assembled carts to new residential units that are added during the term of this contract. Carts that have been lost or damaged due to customers' abuse or negligence shall be repaired or replaced, at the expense of the customer; if replaced, utilizing the then current cost of the cart. Customer may purchase a third cart for a charge as set forth in Exhibit "A". Those seeking changes in cart size will be charged $25.00 delivery charge for each such change. 4.10 Tire Collection Contractor shall provide weekly tire collection and disposal services to residential customers at no additional charge, provided no more than four (4) tires per household, per year. 5.0 Rates and Charges Compensation to Contractor. 5.1 Rates; Compensation to Contractor. For collection and disposal Services provided under this Agreement, City shall pay Contractor fees/rates collected in accordance with the schedule attached hereto and fully incorporated herein as Exhibit "A". A. Code Enforcement. Upon request of the Authorized Representative, Contractor shall provide solid waste, construction and demolition debris Solid Waste Franchise Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 18 of 42 Attachment "A" to Resolution No. 2014-28 collection and disposal service to City for code enforcement related matters at no charge to the City. B. Compactor Service. Rates are set forth in Exhibit "A" for compactor service provided pursuant to this Agreement. C. Residential, Mobile Home, Multiple Dwelling, Commercial and Special Vegetative Waste Services. Vegetative waste collection and disposal service shall be charged an amount as set forth in Exhibit "A". Customers who are required to have special vegetative waste services, which by virtue of its size or weight exceeds routine and normal yard and landscaping maintenance generated on site, shall be charged an amount as set forth in Exhibit A in addition to monthly service fees. Hired Contractors and Landscapers must haul away any vegetative debris they produce. 5.2 Billing Customers by City. Customer billing shall be established and enforced by City Code. The City shall provide the customer billing for all collection and disposal services provided by Contractor under this Agreement, unless otherwise specifically stated herein. City shall perform said billing by means and at times deemed appropriate by City. Contractor shall fully cooperate with City in customer billing. Contractor and City acknowledge that the City currently contracts with the City of Cocoa to bill Contractor's services. Billing fees are passed along to the customer and remitted directly to the City of Cocoa. The Contractor will not be charged a billing fee. 5.3 Billing and Payment Procedure. Unless otherwise provided by the Authorized Representative, customer billing and payment to Contractor shall be in accordance with the following procedure: A. Unless otherwise specifically provided in this Agreement or mutually agreed to by the City and Contractor in writing, the City shall provide Customer billing for collection and disposal services provided under this Agreement. Contractor shall, however, provide Customer billing when special rates and services apply and for roll -off services. B. The Contractor shall certify to the City on the third Friday of each month the number and size of all Customers and containers. The City shall reconcile Contractor's information with the City's records. The City and Contractor shall make appropriate adjustments to their respective billing and service data records to reflect those customers and services that should be billed based on the City's reconciliation. C. City shall submit to the Contractor a monthly statement for collection and disposal services rendered under this Agreement for the preceding month. The statement shall be in a format reasonably requested by the Solid Waste Franchise Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 19 of 42 Attachment "A" to Resolution No. 2014-28 Contractor. The Contractor shall verify the customer services and amounts on the statement and shall make appropriate adjustments to City's statement invoice to reflect any errors contained therein. City shall not be responsible or liable if Contractor fails to properly verify the data on the statement. D. By the 25th of the following month of receipt of City's monthly statement, City shall pay Contractor the amount collected for the preceding month, including the fees for wheels and lock bars for dumpsters. The City shall provide a listing each month of all accounts with outstanding fees. The Contractor shall have the option to discontinue wheels or lock bars for any account thirty-five (35) or more days overdue. Contractor shall be entitled to charge a $75.00 fee to reestablish wheels or lock bar services if services were discontinued due to late payment. City shall assist Contractor by all legal means in collection effort for outstanding fees. 5.4 Franchise Fee. A Franchise Fee of $100,000 per year shall be considered payment to the City in exchange for the exclusive rights and privileges granted by this Franchise. The Franchise Fee shall not be passed along to the customer. The Fee shall cover all services provided and revenues received under this contract regardless of whether billed by the City or the Contractor. The Fee shall become effective January 1, 2015. The Fee shall increase annually by the CPI increase noted in 5.5a. 5.5 Contractor's Petition for a Rate Adjustment. a. The rates in paragraph 5.1 shall be annually adjusted by the CPI pursuant to the following mathematical formula: New Rate = [CPI 2 — CPI I] +1 x Current Rate CPI 1 "CPI 1" is the published CPI for the month of August of the preceding year. "CPI 2" is the published CPI for the month of August of the year in which the rate is being adjusted. Since the October CPI is not available until late September, all changes to the rates in Exhibit "A" will be all bills dated after January of the following year. Adjustments to the rates made in accordance with this subsection are intended to reflect changes in the purchasing power of a given amount of money expressed in dollars. If CPI 1 and CPI 2 are not expressed in relation to the same base period or if a material change is made in the method of Solid Waste Franchise Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 20 of 42 Attachment "A" to Resolution No. 2014-28 establishing the CPI, the City and the Contractor shall make an appropriate statistical adjustment or conversion. If the CPI is discontinued, the City and the Contractor shall mutually select another index published by the United States Government or by a reputable publisher of financial and economic indices. b. Additionally, the Contractor may petition the City to adjust the rates in Exhibit "A" based upon unusual and unanticipated increases in the cost of doing business including, but not limited to, a change in any collection regulation or fees. Any such request shall be supported by full documentation establishing the increase in operating costs and the reasons therefor. The City shall be entitled to audit the Contractor's financial and operational records directly related to the Contractor's request in order to verify the increase in costs and the reasons therefor by a Third Party, at the cost of Contractor. The Contractor's request must be made within a reasonable time, and shall contain reasonable proof and justification to support the need for the rate adjustment. The City may request from the Contractor, and the Contractor shall provide, such further information within its possession as may be reasonably necessary in making its determination. The City shall approve or deny the request (without penalty), in whole or in part, at its sole and absolute discretion, within sixty (60) days of receipt of the request and all other additional information required by the City. If such Adjustment is granted, the City shall have ninety (90) days after approval to start billing. 6.0 Schedules and Routes. Contractor shall provide written notice to the City of its collection and disposal routes and schedules. The City reserves the unconditional right to deny Contractor's vehicles access to any street, alley, bridge, beach, or public way within the service area while performing collection and disposal services under this Agreement, where the City determines that it is in the best interests of the public health, safety, and welfare to do so, because of the conditions of the streets, alleys, bridges, beaches, or public ways. However, Contractor shall not interrupt the regular schedule and level of service because of such closures of less than eight (8) hours in duration. The City shall notify Contractor of any such closures of longer duration, and arrangements shall be made in a manner acceptable to Contractor and the Authorized Representative for the collection and disposal services interrupted by the closure. Customers shall be notified in writing by Contractor of the schedules provided by Contractor and any amendments thereto, provided customers shall be given at least seven (7) days prior written notice of any such amendments. Any and all route and schedule changes must receive prior approval by the Authorized Representative and schedule changes shall be announced per City established media. 7.0 Collection Equipment and Vehicles. Contractor shall provide collection equipment for the collection and disposal services as follows: Solid Waste Franchise Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 21 of 42 Attachment "A" to Resolution No. 2014-28 7.1 Type and Amount. Contractor shall have on hand, at all times under this Agreement, collection equipment that is in good working order and sanitary condition that will permit Contractor to perform the collection and disposal services in a sufficient and efficient manner so that the schedules and routes can be maintained. Collection equipment shall be obtained from a nationally known and recognized manufacturer of collection equipment. Collection vehicles shall be of the enclosed packer type or other type vehicle which meets industry standards and is approved by the Authorized Representative. 7.2 Condition. All collection equipment shall be maintained in a reasonable and safe working condition, in good repair, appearance, sanitary and clean. Contractor shall spray all mechanical containers with disinfectant every thirty (30) days. Collection equipment shall be painted uniformly with the Contractor's name, telephone number and collection vehicle number in letters not less than three (3) inches high on each side of the collection vehicle. Contractor shall keep an accurate record of the vehicle to which each number is assigned. Advertising on collection vehicles is prohibited, except for advertisements promoting City sponsored special events. Collection vehicles will be personalized for the City of Cape Canaveral. 7.3 Overloading. Collection vehicles shall not be overloaded by Contractor so as to cause litter or spillage; however, if litter or spillage occurs because of overloading it shall be picked up immediately as required by paragraphs 4.1(D) and (H). 7.4 Back-up Equipment. Contractor shall maintain sufficient back-up collection equipment, which shall satisfy the condition requirements of paragraph 7.2. of this Agreement, to temporarily replace collection equipment that is in a state of disrepair or is inoperable at any time during Contractor's performance of the collection and disposal services pursuant to this Agreement. The back-up collection equipment shall be put into service within a reasonable time, without interruption of collection and disposal services. Such back-up collection equipment shall correspond in size and capacity to the collection equipment ordinarily used by Contractor in the performance of collection and disposal services under this Agreement. 8.0 Contractor's Personnel. Contractor shall fully comply with the following terms and conditions regarding Contractor's personnel: 8.1 Contractor's Representative. Contractor shall appoint a representative to administer and manage this Agreement on Contractor's behalf as required by paragraph 26.0 of this Agreement. 8.2 Other Personnel. Contractor shall provide a sufficient number of qualified persons to provide the collection and disposal services. All persons who are given supervisory authority by Contractor shall be made available to the Solid Waste Franchise Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 22 of 42 Attachment "A" to Resolution No. 2014-28 Authorized Representative for consultation within a reasonable and practicable time after Contractor receives notice from the Authorized Representative that a consultation is being requested. Supervisors shall operate a collection vehicle that is equipped with a communication device. 8.3 Conduct of Personnel. Contractor shall require/ensure that its personnel serve all customers in a courteous, helpful, and impartial manner. Contractor's personnel shall perform collection and disposal services while using existing sidewalks and driveways when on private and public property. Contractor personnel shall observe all no trespassing signs and not cross between neighboring properties unless the customer, or customers in the case of neighboring properties, has expressly given said personnel permission. Contractor's personnel shall perform all collection and disposal services with due care, always taking reasonable precautions/steps to avoid damaging real and personal property including, but not limited to, refuse containers, recycling containers, carts, racks, trees, shrubs, flowers, and similar property. Contractor is liable for all such damage caused by Contractor's personnel and shall promptly provide sufficient and appropriate compensation, repair or replacement at its discretion to customers for such damage. 8.4 Uniform Regulations. Contractor agrees that identification of Contractor's personnel while performing collection and disposal services is important to the customer's health, safety, and welfare. Consequently, Contractor's personnel performing collection and disposal services shall wear a uniform or shirt bearing the Contractor's name. Lettering stitched on or identifying patches permanently attached to the uniform or shirt is acceptable. 8.5 Labor and Employment Laws. Contractor shall comply with all applicable local, state, and federal labor and employment laws affecting its personnel. 8.6 Informing Personnel of Responsibilities. Contractor shall take whatever steps it deems necessary to fully inform its personnel about the terms, conditions, and responsibilities required under this Agreement. City shall not be responsible for informing Contractor's personnel of said terms, conditions, and responsibilities. Contractor shall provide operating and safety training to its personnel. 8.7 Driver's License. All Contractor's personnel who drive a collection vehicle while performing collection and disposal services shall at all times have and carry a valid Florida commercial driver's license for the type of vehicle being driven. 8.8 Drug Free Workplace. Contractor shall maintain a drug free workplace policy. If requested by City, Contractor shall provide documentation certifying to the City it is a drug free workplace. Solid Waste Franchise Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 23 of 42 Attachment "A" to Resolution No. 2014-28 8.9 Temporary Labor. Contractor shall not utilize temporary labor in providing collection and disposal services to the City under the Solid Waste Agreement. All labor used shall be on Contractor's payroll. 8.10 Supervision. On a daily basis, Contractor will have a supervisor ride the streets in the City to address collection and disposal issues as they arise. During collection days, supervisor will be responsible for collecting car tires, a -waste and materials that are not collected by the regular collection vehicles. 9.0 Level of Service Customer Complaints Annual Evaluation by City. 9.1 Level of Service. Contractor acknowledges and agrees that the continuation of this Franchise depends on Contractor consistently providing a high quality, efficient level of collection and disposal services to all customers. To ensure such services are provided in such a manner, Contractor's performance shall be evaluated, on an annual basis, pursuant to the procedure established in paragraph 9.3 of this Agreement and based on the following review criteria: A. The number of complaints received pursuant to paragraph 9.2 herein and Contractor's performance in resolving the complaints in a professional and expedient manner. B. Contractor's responsiveness to direction given by the Authorized Representative. C. The number of times that Contractor had to pay liquidated damages pursuant to paragraph 25.0 herein. D. Contractor's participation in community meetings sponsored by City and Contractor's performance in resolving complaints received at those meetings in a professional and expedient manner. E. Contractor's financial viability to continue performing the collection and disposal services required by this Agreement. 9.2 Customer Complaints. It is the intent of this Agreement to ensure that the Contractor provides a high quality level of collection and disposal services to all customers. To this end, failures to provide collection and disposal services to customers, or failures observed by the Authorized Representative, and reported to the Contractor shall promptly be resolved pursuant to the provisions of this Agreement. All customer complaints should be made to the Authorized Representative and will be forwarded to the Contractor by person, telephone, e- mail, in writing by mail or facsimile when received, whether directly from the Customer or forwarded from the Authorized Representative. The Contractor shall record complaints on a form approved by the Authorized Representative and shall take appropriate steps to resolve the complaint in a professional and Solid Waste Franchise Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 24 of 42 Attachment "A" to Resolution No. 2014-28 expedient manner. Any complaints received by the Contractor before 12:00 noon shall be resolved before 5:00 p.m. of that same day. Complaints received after 12:00 noon shall be resolved before 12:00 noon of the following day. The Contractor shall make contact with the customer complainant, within the above times, for all complaints related to collection and disposal services. The Contractor shall notify the Authorized Representative within twenty-four (24) hours of the action taken to resolve the complaint. If the complaint involves a claim of damage to private or public property caused by Contractor during the performance of collection and disposal services, the Contractor shall within twenty-four (24) hours provide the Authorized Representative with a full written explanation of said complaint, an estimate of the damage, and Contractor's proposed remedy. 9.3 Annual Evaluation Procedure. Contractor's performance shall be annually evaluated by City's Authorized Representative under the following procedure: A. Upon or soon after the occurrence of each annual anniversary date of this Agreement, the Authorized Representative shall conduct and prepare a written annual evaluation of Contractor's performance in providing the collection and disposal services under this Agreement ("Evaluation"). The Evaluation shall be based on the level of service criteria set forth in paragraph 9.1 herein. For each criteria the Authorized Representative shall evaluate and grade Contractor's performance as unacceptable, needs improvement, acceptable, good or exceptional. If Contractor receives a less than acceptable grade, the Authorized Representative shall provide Contractor a written explanation of why Contractor's performance was unacceptable and Contractor shall be given a reasonable period of time, as determined by the Authorized Representative, to bring its level of performance up to levels acceptable to the Authorized Representative. B. At the City Manager's discretion, the Evaluation, the aforesaid explanation, and other relevant documents shall be delivered to the City Council for consideration at a public meeting. At the meeting, the Authorized Representative and Contractor shall have the opportunity to explain their positions and the City Council shall then determine whether this Franchise should continue under conditions determined by the City Council or be terminated, without penalty, pursuant to paragraph 14.1(H) herein. 10.0 Authorized Representative's Interpretation and Decision. Any dispute between the City and Contractor, which cannot be disposed of by mutual consent between the parties within a reasonable period of time ("Impasse"), shall be ultimately decided by the Authorized Representative. At such time the Authorized Representative declares an Impasse, he shall have thirty (30) days to decide the Impasse issue, unless additional time is reasonably needed. All such decisions shall be reduced to writing by the Authorized Representative and delivered to Contractor within three (3) business days of Solid Waste Franchise Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 25 of 42 Attachment "A" to Resolution No. 2014-28 said decision. All such written decisions shall contain a sufficient explanation, as may be deemed necessary by the Authorized Representative, to explain the decision. The decision shall be final and binding on both parties unless appealed to the City Manager. Within three (3) business days of the Authorized Representative's decision, Contractor may appeal said decision to the City Manager who will hear and decide the appeal. The City Manager's decision shall be binding and final. Failure to file an appeal within said time period shall result in a waiver of the right to appeal. Pending the decision, Contractor shall proceed diligently with the performance of the collection and disposal services in accordance with this Agreement and any preliminary directions of the Authorized Representative. 11.0 Other City Permits. For collection and disposal services not exclusively provided by Contractor under this Agreement, Contractor shall obtain all permits required by City Code to provide said services. 12.0 Performance Bond Alternatives. 12.1 Performance Bond. The Contractor shall obtain and maintain during the entire term of this Agreement and any extensions and renewals thereof, at its cost and expense, and file with the City a corporate surety bond in the amount of Five Hundred Thousand Dollars ($500,000.00) to guarantee faithful performance by the Contractor of all of its obligations required under this Agreement and the City Code (hereinafter referred to as "Bond" or "Performance Bond"). Such bond must be issued by a surety with an A- or higher rating. Alternatively, the Contractor shall obtain and continuously maintain an unexpired Irrevocable Letter of Credit, which shall at all times be in the possession of the City. The form and contents of such performance bond or letter of credit shall be acceptable to the City. The Letter of Credit or Performance Bond shall be released only upon expiration of the Agreement or upon replacement by a successor Contractor. 12.2 Conditions. The performance bond or letter of credit shall be issued upon the following conditions: A. The performance bond shall be issued by a surety approved by City and licensed and authorized to do business as a surety in the State of Florida and has an A- or higher rating. The irrevocable letter of credit shall be issued by a bank or savings and loan association acceptable to the City, authorized to do business in this State by either the State of Florida Comptroller or the United States government. The letter of credit shall name the City as the beneficiary. B. There shall be recoverable by the City jointly and severally from the principal and surety or the financial institution that has issued the letter of credit, any and all fines and liquidated damages due the City and any and all damages, losses, costs, and expenses suffered or incurred by the Solid Waste Franchise Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 26 of 42 Attachment "A" to Resolution No. 2014-28 City resulting from the failure of the Contractor to: faithfully comply with the provisions of the City Code and this Agreement; comply with all orders, permits and directives of any City agency or body having jurisdiction over its acts or defaults; pay any claims, liens, fees, or taxes due the City which arise by reason of the collection and disposal services provided under this Agreement. Such losses, costs and expenses shall include, but not be limited to attorney's fees and other associated expenses. C The total amount of the bond or letter of credit shall be forfeited as a liquidated damage paid to the City in the event: 1. Contractor abandons, or cancels with less than one hundred - eighty (180) days written notice to City, its obligations and responsibilities to perform the collection and disposal services required under this Franchise, prior to the expiration of the term of the Agreement. 2. Contractor assigns this Agreement without the express written consent of the City. 3. This Agreement is terminated by reason of the default of the Contractor. 12.3 Reduction of Bond/Letter of Credit. Upon written application by the Contractor, the City may at its sole option, permit the amount of the bond or letter of credit to be reduced for the term of this Agreement or periods of time, when it is determined by the City to be in the public interest. Upon written application by the Contractor, the City may, at its sole option, permit the terms of the requirements of the performance bond/letter of credit to be altered for the term of this Agreement or periods of time, when it is determined by the City to be in the public interest. 12.4 Use of Bond and Letter of Credit. Prior to drawing upon the letter of credit or the bond for the purposes described in this section, the City shall notify Contractor in writing that payment is due, and the Franchisee shall have thirty (30) days from the receipt of such written notice to make payment. If the Contractor does not make the payment within thirty (30) days or demonstrate reasons acceptable to the City why such action should not be taken, the City may withdraw the amount thereof, with interest and penalties, from the letter of credit or the bond. Within three (3) business days of a withdrawal from the letter of credit or bond, the City shall send to the Contractor, by certified mail, return receipt requested, written notification of the amount, date and purpose of such withdrawal. Solid Waste Franchise Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 27 of 42 Attachment "A" to Resolution No. 2014-28 12.5 Replenishment of Letter of Credit and Performance Bond. No later than thirty (30) days, after mailing to the Contractor by certified mail notification of a withdrawal pursuant to paragraph 12.4 above, the Contractor shall replenish the letter of credit and/or performance bond in an amount equal to the amount so withdrawn. Failure to make timely replenishment of such amount to the letter of credit and/or performance bond shall constitute a failure of the Contractor to faithfully comply with the provisions of this Agreement. 12.6 Non -renewal, Alteration, or Cancellation of Letter of Credit or Performance Bond. The performance bond and letter of credit required herein shall be in a form satisfactory to the City which approval shall not be unreasonably withheld and shall require thirty (30) days written notice of any non -renewal, alteration or cancellation to both the City and the Contractor. The Contractor shall, in the event of any such cancellation, alteration, or non -renewal notice, obtain, pay all premiums for, and file with the City, written evidence of the issuance of replacement bond or policies within thirty (30) days following receipt by the City or the Contractor of any notice of cancellation, alteration, or non- renewal. 12.7 Inflation. At the sole discretion of the City, to offset the effects of inflation, the amount of the bond or letter of credit provided for herein is subject to annual increases at the end of every year provided the amount of the bond or letter of credit shall not exceed fifty percent (50%) of the total amount paid Contractor by City pursuant to paragraph 5.0 for the year previous to the increase. 12.8 Default. The performance bond and letter of credit provided pursuant to this section shall become the property of the City in the event that this Agreement is canceled or terminated by reason of default by the Contractor. 12.9 Right to Require Replacement of Bonds or Letter of Credit. If the City becomes aware of the financial condition of any bonding or financial institution issuing a performance bond or letter of credit as required herein and said financial condition is reasonably deemed by the City to jeopardize the collateral posted with the City, the City may require such bond or letter of credit be replaced with such other bond or letter of credit consistent with the requirements set forth in this section. 13.0 Transfer of Ownership or Control. 13.1 Transfer of Franchise. This Agreement shall not be sold, transferred, leased, assigned or disposed of including, but not limited to, by forced or voluntary sale, merger, consolidation, receivership or other means without the prior written consent of the City, and then only under such reasonable conditions as the City may establish which may include, but not be limited to, financial guarantees to the collection and disposal services. Solid Waste Franchise Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 28 of 42 Attachment "A" to Resolution No. 2014-28 13.2 Transfer Threshold. The Contractor shall promptly notify the City of any actual or proposed change in, or transfer of, or acquisition by any other party of control of the Contractor. 13.3 City Approval. Every transfer shall make this Agreement subject to cancellation unless and until the City shall have consented thereto in writing. For the purpose of determining whether it may consent to such transfer, the City may inquire into the legal, financial, character, technical, and other public interest qualifications of the prospective transferee or controlling party, and the Contractor shall assist the City in obtaining all required information. Failure to provide all reasonable information requested by the City as part of said inquiry shall be grounds for denial of the proposed transfer. 13.4 Signatory Requirement. Any approval by the City of transfer of ownership shall be contingent upon the prospective assignee becoming a signatory to this Agreement. 14.0 Forfeiture or Termination. 14.1 Grounds for Revocation. The City reserves the right to terminate this Agreement, without penalty, and rescind all rights and privileges associated with the Franchise in the following circumstances, each of which shall represent a default and breach of this Agreement: A. Contractor defaults in the performance of any of the material obligations to provide collection and disposal services under this Agreement or the City Code; B. Contractor fails to provide or maintain in full force and effect the liability and indemnification coverage or the performance bond (or alternative letter of credit) as required herein; C. Contractor violates any material provisions of any orders or rulings of any regulatory body having jurisdiction over the Contractor relative to this Agreement and any regulatory ordinance of the City, and Contractor fails to begin cure within five business (5) days of notice from the City to complete cure within a reasonable time after notice, as determined by the City; D. Contractor practices or engages in any fraud upon the City or any customer; E. Contractor's gross negligence, as defined by general law, in maintaining any of the level of service standards required in this Agreement; Solid Waste Franchise Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 29 of 42 Attachment "A" to Resolution No. 2014-28 F. Contractor becomes insolvent, unable/unwilling to pay its debts or is adjudged bankrupt; G. Contractor fails to provide collection and disposal service throughout the service area if a disruption of such service occurs pursuant to paragraph 24.0 of this Agreement, unless approval of such disruption is obtained from the City; H. Contractor fails to satisfy the level of service annual evaluation conducted pursuant to paragraph 9.3 of this Agreement; or Contractor provided a material misrepresentation of fact in the application for or negotiation of the Franchise granted under this Agreement or any extension or renewal thereof. 14.2 Effect of Circumstances. Contractor shall not be declared at fault or be subject to any sanction under any provision of this Agreement in any case, in which performance of any such provision is prevented for reasons beyond the Contractor's control. For the purposes of this Agreement, causes or events beyond the Contractor's control shall include, without limitation, acts of God, floods, earthquakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, restraints imposed by order of a governmental agency or court. A fault shall not be deemed to be beyond the Contractor's control if committed by a corporation or other business entity in which the Contractor holds a controlling interest whether held directly or indirectly, when such fault is due to Contractor's financial inability to perform or comply, economic hardship, or misfeasance, malfeasance or nonfeasance by any of the Contractor's directors, officers, employees, contractors or agents. 14.3 Effect of Pending Litigation. Pending litigation or any appeal to any regulatory body or court having jurisdiction over the Contractor shall not excuse the Contractor from performance of its obligations under this Agreement, unless specifically provided for by court order or by the regulatory body having jurisdiction over such matters. Failure of the Contractor to perform such obligations because of pending litigation or petition may result in forfeiture or revocation pursuant to the provisions of this Section. 14.4 Procedure Prior to Revocation. Except as provided in paragraph 9.3 for annual evaluations, the Authorized Representative shall notify the Contractor in writing of the exact nature of the alleged violation constituting a ground for termination and give the Contractor thirty (30) days, or such greater amount of time as the Authorized Representative may specify, to correct such violations or to present facts and arguments to refute the alleged violation. If the Authorized Representative then concludes that there is a basis for termination, he shall notify the Contractor thereof. If within the designated time the Contractor does not remedy and/or put an end to the alleged violation, the City's City Council, Solid Waste Franchise Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 30 of 42 Attachment "A" to Resolution No. 2014-28 after a public hearing where all interested parties may be heard, may suspend or revoke the Franchise under this Agreement, without penalty, if it determines that such action is warranted. The Contractor shall not be held in default nor suffer any penalties where non-compliance or default is caused by an event beyond the Contractor's control, as stated in Section 14.2. 15.0 Regulatory Authority. 15.1 Authority. The City reserves the right to exercise the maximum authority, as may be lawfully permissible, to regulate the collection and disposal services and any other solid waste services, granted hereunder. Should applicable legislative, judicial or regulatory authorities at anytime permit regulation not presently permitted to the City, the City may without the approval of the Contractor engage in any such additional regulation as may then be permissible, whether or not contemplated by this Agreement or the City Code, including without limitation, regulation regarding franchise fees, taxes, programming, rates charged to customers, consumer protection, or any other similar or dissimilar matter. The City agrees to meet and confer with the Contractor prior to enacting new regulatory ordinances. 15.2 Right of Inspection. The City shall have the right to inspect in the accompaniment of a representative of the Contractor all collection and disposal services performed subject to the provisions of this Agreement and equipment used by Contractor, and to make such tests as it finds necessary to ensure compliance with the terms of this Agreement, the City Code and any other applicable provisions of local, state or federal law. 15.3 City Regulation. To the extent that any federal, state law or regulation may now, or as the same may hereafter be amended by legislation, administrative regulation, decision, or judicial determination, authorize the City to regulate the rates for any particular service tiers, service packages, equipment, or any other services provided by Contractor, the City shall have the right to exercise rate regulation to the full extent authorized by law, or to refrain from exercising such regulation for any period of time, at its sole discretion. The City shall provide advance notification to the Contractor of its intention to exercise any such regulation and written notification when such ordinance is adopted. Failure to so provide advance notification to the Contractor or written notification when such ordinance is adopted shall not be a basis upon which to declare this Agreement in breach or to invalidate the ordinance. 15.4 City Health and Sanitation Regulations. Without limitation on the authority granted City above; City reserves the unconditional right to adopt by ordinance additional health and sanitation regulations which apply to the collection and disposal of solid waste, bio hazardous waste, biological waste, construction and demolition debris, hazardous waste, sludge, special waste and all other kinds of waste. To the extent determined by the City, these regulations shall be codified Solid Waste Franchise Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 31 of 42 Attachment "A" to Resolution No. 2014-28 in Chapter 62 of the City Code. Contractor shall fully comply with these regulations as applicable to the collection and disposal services provided under this Agreement and said regulations shall be deemed to be fully incorporated herein by this reference. In the event any provision of this Agreement is in conflict with any provision of the additional City health and sanitation regulations, the provisions contained in this Agreement shall prevail. 16.0 Liability and Insurance. 16.1 Certificate of Insurance. Prior to the effective date of this Agreement and thereafter continuously throughout the duration of the Agreement and any extensions or renewals thereof, Contractor shall furnish the City, certificates of insurance and endorsements, in a form approved by the City, for all types of insurance required under this section. Failure to furnish said certificates of insurance and endorsements in a timely manner shall constitute material breach of this Agreement. 16.2 No Liability Limit. Neither the provisions of this Section or any damages recovered by the City hereunder, shall be construed to limit the liability of Contractor for damages under this Agreement. 16.3 Endorsement. All insurance policies maintained pursuant to this Agreement shall contain an endorsement in substantially the following form: It is hereby understood and agreed that this insurance policy may not be modified or canceled by the insurance company nor the intention not to renew be stated by the insurance company until thirty (30) Days after receipt by the City of Cape Canaveral City Manager by certified mail, of a written notice - of such intention to cancel or not to renew. 16.4 State Institution. All insurance policies provided pursuant to this Agreement shall be written by companies authorized by the Florida Insurance Commissioner to do business in the State of Florida as an insurance company. The insurance company shall have a Best Insurance rating of A or better, unless otherwise approved by the Authorized Representative. 16.5 Named Insured. The City shall be an additional named insured for all insurance policies written pursuant to this Agreement, as the City's interests may appear from time to time. 16.6 Changes in Policy Limits. To offset the effects of inflation and to reflect changing liability limits, all of the coverage, limits, and amounts of the insurance provided for herein are subject to reasonable increases at the end of every two (2) year period of this Agreement, applicable to the next two (2) year period or Solid Waste Franchise Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 32 of 42 Attachment "A" to Resolution No. 2014-28 termination date of this Agreement (whichever occurs first), at the City's discretion, but not to exceed the coverage, limits, and amounts of insurance the City requires of other contractors transacting business with the City. 16.7 Commercial General Liability Insurance. Contractor shall maintain throughout the term of this Agreement, general liability insurance insuring Contractor in the minimum of. A. $1,000,000 for property damage single limit; and B. $1,000,000 single limit liability for personal bodily injury or death to any one person. C. $2,000,000 aggregate liability and excess liability $5,000,000 each occurrence. 16.8 Automobile Liability Insurance. Contractor shall maintain throughout the term of the Agreement, automobile liability insurance for owned, non -owned, or rented vehicles in the minimum amount of: A. $1,000,000 single limit liability for bodily injury and consequent death per occurrence; and B. $1,000,000 for property damage per occurrence. 16.9 Workers' Compensation. Contractor shall maintain throughout the term of the Agreement, workers' compensation at least to the minimum amount of the statutory limit for workers' compensation, as amended from time to time. 17.0 Indemnification and Hold Harmless. For all collection and disposal services performed by Contractor pursuant to this Agreement, Contractor agrees to the fullest extent permitted by law, to indemnify and hold harmless the City, its council members, attorneys, employees, officers, and agents from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorney's fees through any and all administrative, pre-trial, trial, post judgment, appellate proceedings), directly or indirectly arising from: (i) the acts, errors, omissions, intentional or otherwise, arising out of or resulting from Contractor's or its subcontractors, or agents performance of the collection and disposal services pursuant to this Agreement; (ii) defaults under this Agreement; (iii) failing to properly train employees under Contractor's control or direction; and (iv) failing to properly equip or hire employees under Contractor's control or direction in the performance of the collection and disposal services under this Agreement. The indemnification provided above shall obligate Contractor to defend at its own expense or to provide for such defense, at the option of the City, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against the City, its council members, attorneys, employees, officers and/or agents which may Solid Waste Franchise Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 33 of 42 Attachment "A" to Resolution No. 2014-28 result from the collection and disposal services under this Agreement whether the collection and disposal services be performed by the Contractor, its subcontractors, or anyone directly or indirectly employed by them. In all events the City shall be permitted to choose legal counsel of its sole choice, the attorney fees for which shall be subject to and included with this indemnification provided herein, as long as said fees are no greater than at a rate deemed reasonable at the time indemnification is required. The City agrees to be responsible for the City's own negligent acts and omissions. 18.0 Interference with Persons Public and Private Property and Utilities. Contractor's collection equipment and personnel used in performing the collection and disposal services hereunder shall: A. Not endanger or interfere with the health, safety or lives of persons; B. Not interfere with any improvements which the City, county, state, and federal government may deem proper to make; C. Not interfere with the free and proper use of public rights-of-way, alleys, bridges, easements or other public property, except to the minimum extent possible during actual collection and disposal services being provided hereunder; D Not interfere with the rights and reasonable convenience of private property owners, except to the minimum extent possible during actual collection and disposal services being provided hereunder; and E. Not obstruct, hinder or interfere with any gas, electric, water, wastewater, reclaimed water, storm water drainage, telephone, cable or other utility facilities located within the service area. 19.0 Books and Records Available to City, Quarterly Report. 19.1 Records. In accordance with section 119.0701, Florida Statutes, Contractor agrees that all documents, transactions, writings, papers, letters, tapes, photographs, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to this Agreement or in connection with any funds provided by the City pursuant to this Agreement may be considered public records pursuant to Chapter 119, Florida Statutes. Contractor agrees to keep and maintain any and all public records that ordinarily and necessarily would be required by the City in order to perform the services required by this Agreement. Contractor also agrees to provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes or as otherwise provided by law. Contractor shall also ensure that public records that are exempt or confidential and exempt from the public records disclosure requirements are not disclosed except as authorized by law. In addition, Solid Waste Franchise Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 34 of 42 Attachment "A" to Resolution No. 2014-28 Contractor shall meet all requirements for retaining public records and transfer, at no cost, to the City all public records in possession of the Contractor upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. If Contractor does not comply with a public records request, the City shall have the right to enforce the provisions of this Paragraph. In the event that Contractor fails to comply with the provisions of this Paragraph, and the City is required to enforce the provisions of this Paragraph, or the City suffers a third party award of attorney's fees and/or damages for violating the provisions of Chapter 119, Florida Statutes due to Contractor's failure to comply with the provisions of this Paragraph, the City shall be entitled to collect from Contractor prevailing party attorney's fees and costs, and any damages incurred by the City, for enforcing this Paragraph against Contractor. And, if applicable, the City shall also be entitled to reimbursement of any and all attorney's fees and damages which the City was required to pay a third party because of Contractor's failure to comply with the provisions of this Paragraph. This Paragraph shall survive the termination of this Agreement. 19.2 Review. For records not constituting a public record under Chapter 119, Florida Statutes, Contractor shall permit, during Contractor's normal business hours, the Authorized Representative to examine, at the City's discretion, any and all maps and other records kept or maintained by the Contractor or under its control concerning the operations, affairs, transactions or property of Contractor relative to the collection and disposal services provided under this Agreement. The examination shall take place at Contractor's office. 19.3 Reports to be Filed. The following reports shall be provided to the City: A. A monthly customer report sorted alphabetically by address, in a format approved by the City which lists the customer's address and name, type, quantity, frequency, size, of the container picked up from the customer, and a description of the kind of service provided customer. B. A monthly report of all customers, and fees received from them by Contractor, for collection and disposal services not billed by the City, if any. 19.4 Mandatory Records. The Contractor shall at all times maintain: A. A record of all complaints received and interruptions, disruptions, or degradation of collection and disposal services for the preceding year prior to the annual performance evaluation by the City. Solid Waste Franchise Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 35 of 42 Attachment "A" to Resolution No. 2014-28 B. A full and complete document(s) describing the rates, schedules, and routes for the collection and disposal services. C. A record of all customers, and fees received from them by Contractor, for collection and disposal services not billed by the City, if any. D. Contractor shall maintain an online web -based customer complaint tracking system at no additional expense to the City. Contractor shall provide the City with electronic access to the tracking system so the City can freely review the complaints filed in the system. E. Contractor shall reimburse the City on a monthly basis for the City's expenses incurred under the Municipal Tracking System Trac EZ User Agreement. Said amount shall be deducted from the amount owed Contractor by the City each month. 19.5 Other Records. The City may impose reasonable requests for additional information, records and documents from time to time, and the Contractor shall produce said records within a reasonable amount of time, so long as such request relates to the City's enforcement abilities under this Agreement or the Code. 20.0 Preferential or Discriminatory Practices Prohibited. All collection and disposal services rendered and all rules and regulations adopted by Contractor shall have general application to all persons and shall not subject any person to prejudice or disadvantage on account of race, gender, religion, origin, or ethnicity. Contractor shall not deny service to any group of potential customers within the City because of the income of the customers within the service area. Contractor shall not charge customers different rates for service of the same class or type. However, this paragraph is not intended to restrict Contractor from offering reasonable discounts to senior citizens or other economically disadvantaged groups in accordance with any local, state, or federal law. 21.0 Storms; Hurricanes; Natural Disasters; Calamities. In the event a major storm, hurricane, natural disaster, or any other type of major or serious calamity ("calamity") causes an excessive amount of refuse, vegetative waste, bulk trash, or other excessive debris ("debris") to accumulate on streets, alleys, bridges, and on private and/or public property, Contractor shall collect such debris at the City's written request. City agrees to pay Contractor for such additional service in an amount mutually agreed upon in writing by the City and Contractor. Contractor acknowledges and agrees that collection and disposal services performed after a calamity may be subject to special procedures in order that the City can receive reimbursement from state and federal agencies like FEMA. In such cases, Contractor shall be fully responsible and liable for complying with all such procedures and shall also indemnify and hold harmless the City in the event Contractor fails to comply with said procedures. Nothing in this Agreement shall exclude or prohibit the City or any other contractors from collecting and disposing of such debris caused by a major or serious calamity. The City has a continuing Interlocal Agreement with Brevard County for Disaster Debris Removal. Brevard County, upon Solid Waste Franchise Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 36 of 42 Attachment "A" to Resolution No. 2014-28 notification that Brevard County has been declared a federal disaster by the President of the United States, shall coordinate the collection of disaster related debris through the City's and County's franchised solid waste collectors on behalf of the City. The City shall negotiate with the Contractor for any expenditure(s) for debris clean up not reimbursed by Federal Emergency Management Agency and the State of Florida. 21.1 Additional Activation Assets. Contractor shall provide additional activation assets that can be used to timely and adequately respond to debris and solid waste removal during disasters. 22.0 Miscellaneous Provisions. 22.1 Independent Contractor. Contractor is an independent contractor and nothing in this Agreement is intended nor shall be construed to create an employer /employee relationship, a joint venture relationship, a partnership relationship, or to allow the City to exercise control or direction over the manner or method by which Contractor performs the collection and disposal services which are the subject matter of this Agreement. Contractor understands and agrees that: (i) the City will not withhold on behalf of Contractor pursuant to this Agreement any sums for payment of income tax, unemployment insurance, social security or any other withholding; (ii) all such payments, withholdings and taxes are the sole responsibility of Contractor; and (iii) Contractor will indemnify and hold the City, its city council members, attorneys, employees, officers, and/or agents harmless from and against any and all loss or liability arising with respect to such payments, withholdings, or taxes, including, but not limited to reasonable attorney's fees through any and all administrative, pre-trial, trial, post -trial judgment, and appellate proceedings. The parties hereto agree that both Contractor and the City shall have the right to participate in any discussion or negotiation with the Internal Revenue Service concerning Contractor's independent contractor status regardless of with whom or by whom such discussions or negotiations are initiated. In the event that any applicable government agency determines that Contractor is an employee of the City and the City is required to pay any additional amount to any governmental authority based upon Contractor being reclassified an employee of the City, Contractor hereby covenants and agrees to reimburse immediately the City for any such amount paid to any such governmental authority and the costs and expenses associated with defending the City including, but not limited to, reasonable attorney's fees. In the event that Contractor is reclassified as an employee and becomes eligible for a refund of any taxes paid to any governmental agency including, but not limited to, a claim for refund of self-employment taxes, then Contractor hereby covenants and agrees to pursue any such refund and assign to the City the proceeds from any such refund. 22.2 No Joint Venture. Nothing herein shall be deemed to create a joint venture or principal -agent relationship between the parties, and neither party is authorized Solid Waste Franchise Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 37 of 42 Attachment "A" to Resolution No. 2014-28 to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other. 22.3 Entire Agreement. This Agreement represents the entire understanding and agreement between the parties hereto with respect to the subject matter hereof, and supersedes all prior oral negotiations and written agreements between the parties. This Agreement may be amended, supplemented, modified, or changed only by a written instrument agreeing to said amendment, supplementation, modification, or change in the terms hereof by the parties. 22.4 Notices. Any notice, request, instruction, or other document to be given as part of this Agreement shall be in writing and shall be deemed served when either delivered in person to the following designated agents or received by registered or certified United States mail, return receipt requested, postage prepaid, or received by facsimile, addressed as follows: TO THE CITY: City Manager City of Cape Canaveral 105 Polk Avenue (P.O. Box 326) Cape Canaveral, FL 32920 Ph: 321 -868 -1220 TO THE CITY ATTORNEY: Brown, Garganese, Weiss and D'Agresta, P.A. P.O. Box 2873 Orlando, FL 32802-2873 Ph: 407-425-9566 TO THE CONTRACTOR: Regional Vice President Waste Pro of Florida, Inc. 3705 St. Johns Pkwy Sanford, Florida 32771 Ph: 407-774-0800 Either party may change the aforementioned designated agents at any time by providing written notice of such change to the other party. Solid Waste Franchise Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 38 of 42 Attachment "A" to Resolution No. 2014-28 22.5 Captions. Captions to sections throughout this Agreement are solely to facilitate the reading and reference to the sections and provisions of the Agreement. Such captions shall not affect the meaning or interpretation of the Agreement. 22.6 Severability. If any section, subsection, sentence, clause, phrase, or portion of this Agreement is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision. Such holding shall not affect the validity of the remaining portions of this Agreement, unless the City determines that the portions remaining (without the severed portions) have an adverse effect on the best interests of City, then City shall have the right to terminate this Agreement. 22.7 City's Rights of Intervention. Contractor agrees not to oppose intervention by the City in any suit or proceeding to which Contractor is a party, concerning or involving this Agreement and the City's rights under this Agreement. 22.8 Attorney's Fees. In the event of litigation arising out of or relating to this Agreement, the prevailing party shall be entitled to recover all its reasonable expenses, including attorney's fees, costs, and other expenses reasonably and necessarily incurred, through all administrative, pre-trial, trial, post judgment, and appellate proceedings. 22.9 Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. 22.10 Waiver. Failure of the City to insist upon performance within anytime period or upon a proper level of service shall not act as a waiver of the City's right to later claim a failure to perform on the part of Contractor. 22.11 Jurisdiction; Venue. This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Brevard County, Florida. Venue for any federal action or litigation shall be Orlando, Florida. 23.0 Effective Date/Term. 23.1 Effective Date. The effective date of the Contract shall be October 1, 2014. 23.2 Term. The term of this Agreement shall be from October 1, 2014 to September 30, 2019 subject to an annual evaluation by the City under paragraph 9.0 herein and termination as provided for in paragraph 14.0 herein. The term of this Agreement may be extended pursuant to paragraph 23.3 herein. Solid Waste Franchise Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 39 of 42 Attachment "A" to Resolution No. 2014-28 23.3 Renewal. This Agreement shall be renewed for additional five (5) years terms by mutual agreement of the parties unless either party provides notice of non - intent at least 180 days prior to expiration of the Atreement or renewal thereof. 24.0 Disruption in Collection and Disposal Services. In the event a disruption (e.g. strike, labor stoppage, collection equipment in disrepair) causes Contractor to fall one week or more behind in its collection schedule, City may, at its option, cause the collection and disposal services to be performed by any means available to City. Such means may include, but not be limited to, City taking over and operating the collection equipment used in the performance of this Agreement until such time Contractor can perform the collection and disposal services and/or City contracting with a third party to perform the collection and disposal services. Any cost incurred by City in exercising this option shall be charged against Contractor and the performance bond or alternative letter of credit furnished by Contractor under this Agreement. The foregoing option shall only be exercised by a majority vote of the City's City Council after the City Council has declared that the disruption has caused an emergency to arise within the service area that adversely effects the public health, safety, and welfare. 25.0 Liquidated Damages. It is the intent of Contractor and City to provide for liquidated damages for certain breaches of this Agreement by Contractor. The liquidated damages set forth shall not be construed as a penalty. At the effective date of this Agreement, Contractor and City agree that any damages flowing from Contractor's breach of paragraphs 25.1 through 25.7, inclusive, are not readily ascertainable, and the liquidated damages set forth therein are reasonable and proportionate to any damages that might reasonably be expected from a breach of said paragraphs. As such, should Contractor fail to perform the collection and disposal services required below, City shall be entitled to liquidated damages as follows: 25.1 Legitimate Complaints. For each legitimate complaint in excess of ten (10) per calendar month, liquidated damages shall be $100.00 and $25.00 each complaint in excess of ten. 25.2 Spillage. For each occurrence Contractor fails to clean up litter or spillage, which is prohibited by paragraphs 4.1(D) and 4.1(H), liquidated damages shall be $50.00 per occurrence. 25.3 Collection Vehicles and Containers. For each occurrence Contractor fails to promptly clean collection vehicles or change mechanical containers or compactors at the request of the Authorized Representative, liquidated damages shall be $50.00 per vehicle or container. 25.4 Unattended Collection Vehicles. For each occurrence Contractor leaves a loaded collection vehicle unattended on the street unnecessarily, liquidated damages shall be $50.00 per occurrence. Solid Waste Franchise Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 40 of 42 Attachment "A" to Resolution No. 2014-28 25.5 Collection Schedules. For each occurrence Contractor fails to maintain a collection schedule required by this Agreement, liquidated damages shall be $250.00 per occurrence and $20.00 for each customer not served on a particular day as regularly scheduled. 25.6 Failure to Keep Collection Vehicles Closed or Covered. For each occurrence Contractor fails to keep a collection vehicle closed or covered, liquidated damages shall be $50.00 per occurrence. 25.7 Failure to Have Back -Up Collection Equipment When Needed. For each occurrence Contractor fails to have back-up collection equipment available to temporarily replace collection equipment that is in a state of disrepair or is inoperable when a customer or the Authorized Representative demands collection and disposal services as required by this Agreement, liquidated damages shall be $50.00 per occurrence. Such liquidated damages shall be deducted from the monthly payments due the Contractor under this Agreement. In the event that Contractor does not accept the deductions, the City shall have the right to claim against the performance bond or letter of credit required under this Agreement. 26.0 Contractor's Representative. Contractor shall designate an individual to act as a representative for Contractor under this Agreement with the authority to transmit instructions, receive information, and make or interpret Contractor's decisions. This person shall be Contractor's contract administrator. Initially, the person who shall act as the representative for Contractor with respect to this Agreement shall be Tim Dolan, District Manager. Contractor may from time to time designate other individuals or delete individual's with the authority to act for Contractor under this Agreement with the authority to transmit instructions, receive information, and make or interpret Contractor's decisions. All deletions or designation of individuals to serve as a representative shall be given by written notice. 27.0 Time of the Essence. Contractor acknowledges and agrees that time is of the essence for the completion of the collection and disposal services to be performed under this Agreement. Unless otherwise extended in writing by the City, Contractor agrees to complete the collection and disposal services as required by this Agreement. 28.0 Sovereign Immunity. Nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. 29.0 Title to Refuse. The City shall have the right and title to all refuse, including recycling, set out for collection. Once collected by Contractor, ownership of all refuse, including recycling, collected under this Agreement shall transfer to the Contractor. 30.0 Public Awareness Campaign. Solid Waste Franchise Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 41 of 42 Attachment "A" to Resolution No. 2014-28 30.1 General. Contractor agrees to provide, and assist the City in conducting, a public awareness campaign to promote the collection, disposal and recycling services provided under this Agreement. All materials and publications used by Contractor shall be reviewed by the City and approved by the Authorized Representative. All materials and publications used by the City shall be reviewed by Contractor and approved by Contractor's representative. 30.2 Contractor shall provide $2,000.00 to the City, each year on October 1St, for public awareness of the City's recycling program. Said amount shall increase by 2.5% each year during the Agreement term and any exentions thereof. 30.3 Contractor shall maintain membership in Keep Brevard Beautiful during the entire term of the Solid Waste Agreement. 30.4 Contractor and City will conduct a joint marketing program for small business recycling. Contractor agrees to tailor its services to meet the individual needs of a business. If traditional recycling programs for multi -family recycling customers are not deemed acceptable to the customers and the City, Contractor will design a recycling option that works for the City and its multi -family recycling customers. Attest: Angela M. Apperson, City Clerk City Seal Witness: City of Cape Canaveral, Florida A Florida municipal corporation Rocky Randels, Mayor Contractor: Waste Pro of Florida, Inc. Print Name Print Name/Title Coroprate Seal Solid Waste Franchise Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 42 of 42 Exhibit "A" to Solid Waste Franchise Agreement City of Cape Canaveral Solid Waste Rate Schedule Services billed by the City User Category Monthly Fee Code Effective Jan 2015 Single Family - CART, vegetative waste, Bulk, single stream recycling service and weekly clam truck vegetative waste pick up. SFR1 $9.60 plus CPI Mobile Home - CART, vegetative waste, Bulk, single stream recycling service and weekly clam truck vegetative waste pick up. MHR2 $9.60 plus CPI Multi - Family - vegetative waste, Bulk, single stream recycling service and weekly clam truck vegetative waste pick up. RCCM $2.91 plus CPI Commercial CART service CANS $11.73 plus CPI Commercial single stream recycling cart service CSSR $1.91 plus CPI Monthly Container (dumpster) yards $28.64 plus CPI Cubic yard rate See $3.31 plus CPI Extra pick-up container yards Page 2 $4.31 plus CPI Wheels & Lock Bars (dumpsters only) WHEE $38.18 plus CPI Description of Services Billed by Contractor Roll off container 20, 30 & 40 yard open top per pull Roll off compactors 15, 20, 30 & 40 yard monthly rate Compactor per pull charge 15, 20, 30 & 40 yard per pull Delivery charge for all roll off type containers Vegetative Waste Special Pick up (use of cherry picker, claw or clam truck) Full truck per pick up - more than 10 cubic yards 1/2 truck per pick up - less than 10 cubic yards Commercial Recycling Dumpsters Page 1 of 2 $174.55 plus CPI $490.93 plus CPI $174.55 plus CPI $81.82 plus CPI $130.91 plus CPI $65.46 plus CPI Market Rates Exhibit "A" to Solid Waste Franchise Agreement City of Cape Canaveral Solid Waste Rate Schedule Size of Dumpster / Frequency of Pick Up Code Rate Jan 2014 Rate Jan 2015 DUMPSTER 2 CU 2 PU GX22 $57.28 add CPI DUMPSTER 2 CU 3 PU GX23 $94.63 add CPI DUMPSTER 2 CU 4 PU GX24 $131.98 add CPI DUMPSTER 2 CU 5 PU GX25 $169.33 add CPI DUMPSTER 2 CU 6 PU GX26 $206.68 add CPI DUMPSTER 3 CU 2 PU GX32 $85.92 add CPI DUMPSTER 3 CU 3 PU GX33 $141.95 add CPI DUMPSTER 3 CU 4 PU GX34 $197.97 add CPI DUMPSTER 3 CU 5 PU GX35 $253.99 add CPI DUMPSTER 3 CU 6 PU GX36 $310.01 add CPI DUMPSTER 4 CU 2 PU GX42 $114.56 add CPI DUMPSTER 4 CU 3 PU GX43 $189.26 add CPI DUMPSTER 4 CU 4 PU GX44 $263.96 add CPI DUMPSTER 4 CU 5 PU GX45 $338.65 add CPI DUMPSTER 4 CU 6 PU GX46 $413.35 add CPI DUMPSTER 6 CU 2 PU GX62 $171.85 add CPI DUMPSTER 6 CU 3 PU GX63 $283.89 add CPI DUMPSTER 6 CU 4 PU GX64 $395.94 add CPI DUMPSTER 6 CU 5 PU GX65 $507.98 add CPI DUMPSTER 6 CU 6 PU GX66 $620.03 add CPI DUMPSTER 8 CU 2 PU GX82 $229.13 add CPI DUMPSTER 8 CU 3 PU GX83 $378.52 add CPI DUMPSTER 8 CU 4 PU GX84 $527.91 add CPI DUMPSTER 8 CU 5 PU GX85 $677.31 add CPI DUMPSTER 8 CU 6 PU GX86 $826.70 add CPI Page 2 of 2 Exhibit "B" to Solid Waste Franchise Agreement City Controlled Property The list of services outlined in this exhibit will be provided to the City free of charge. This list will be updated as permanent facilities are added to the City facilities. Temporary construction projects are not included in this list. Commercial Service, Solid Waste and Recycling Facility Location Size Frequency Qty Recycling Additional Information Police Precinct 111 Polk Ave 4 yard 2xWeek 1 Yes City Hall 105 Polk Ave N/A N/A N/A Yes City Library 201 Polk Ave 2 yard 2xWeek 1 Yes Public Works 601 Thurm Blvd 2 yard 2xWeek 1 Yes Public Works 601 Thurm Blvd 30 yard OT As Needed 1 N/A Solid Waste Public Works 601 Thurm Blvd 30 yard OT As Needed 2 N/A Yard Waste Public Works 601 Thurm Blvd 15 yard OT As Needed 1 N/A Metal Fire Department 190 Jackson Ave 2 yard 2xWeek 1 Yes Manatee Park 701 Thurm Blvd 2 yard 2xWeek 1 Yes Leisure Services 7300 N. Atlantic N/A N/A N/A Yes Youth Center 7920 Orange Ave 96 gal 2xWeek 2 Yes Beachend Crossovers and Bus Stops - Solid Waste and Recycling Facility Location Size Frequency Qty Recycling Additional information Johnson Ave 96 gal 6xWeek 2 Yes Lincoln Ave 96 gal 6xWeek 2 Yes Buchanan Ave 96 gal 6xWeek 2 Yes Pierce Ave 96 gal 6xWeek 2 Yes Fillmore Ave 96 gal 6xWeek 2 Yes Taylor Ave 96 gal 6xWeek 2 Yes Polk Ave 96 gal 6xWeek 2 Yes Tyler Ave 96 gal 6xWeek 2 Yes Harrison Ave 96 gal 6xWeek 2 Yes Jackson Ave 96 gal 6xWeek 2 Yes Monroe Ave 96 gal 6xWeek 2 Yes Madison Ave 96 gal 6xWeek 2 Yes Jefferson Ave 96 gal 6xWeek 2 Yes Adams Ave 96 gal 6xWeek 2 Yes Washington Ave 96 gal 6xWeek 2 Yes Canaveral Sands 96 gal 6xWeek 2 Yes Harbor Heights 96 gal 6xWeek 2 Yes All Public Transportation Bus Stop locations currently in place and any future Bus Stop locations added by the City will be emptied six (6) times a week. It will be the City's responsibility to notify Contractor of additional locations. City Sponsored SPECIAL EVENTS (Shall include trash and recycling carts) Friday Fest Taylor/Poinsetta Aves 1st Friday of Each Month Space Coast Music Festival Manatee Park September Annually Heritage Day/ Spring Festival Manatee Park March Annually Reindeer Run Cherie Down Park December Annually Page 1 of 2 Exhibit "B" to Solid Waste Franchise Agreement City Controlled Property All Public City Trash and Recycling locations currently in place and any future locations added by the City will be emptied two (2) times a week. It will be the City's responsibility to notify Contractor of additional locations. Below is the list: Facility Location Size Frequency Qty Recycling Additional Information Center St Park Center St on River Can 2xWeek 1 Yes W. Central Blvd Ditch w/Bench Can 2xWeek 1 No W. Central Blvd West of N. Atlantic Can 2xWeek 1 No N Atlantic Ave Across from 8580 Can 2xWeek 1 No Washington Ave Across from 217 Can 2xWeek 1 No Washington Ave Across from 313 Can 2xWeek 1 No Basketball Court 7920 Orange Ave Can 2xWeek 2 No Large Baseball Field 7920 Orange Ave Can 2xWeek 5 Yes Small Baseball Field 7920 Orange Ave Can 2xWeek 5 Yes SandPiper Park Magnolia & Harrison Can 2xWeek 4 Yes Veterans Memorial Park Polk & Orange Can 2xWeek 2 No Xerscape Park Taylor Ave Can 2xWeek 3 No Recreation Complex 7300 Taylor Ave Can 2xWeek 6 Yes Patriots Park Long Point & Sunset Can 2xWeek 2 No Manatee Sanctuary Park 701 Thurm Blvd Can 2xWeek 8 Yes Banana River Park 901 River Park Drive Can 2xWeek 2 No Page 2 of 2 M s u eo El Attachment 3 Cu 00 a W J M O m O yaj Ln \ C Ln -q Cq M 1.6-q O x .n `-I Cn M .n 00 ru W u Co x Z v 00 m � z cc0 _Yc C rn LL' O ~ N N Cl N C 0 LnO m -4 N L1 an M N Q u x N 7 x u L Q C W Co O � S ? 00 Q O" Lr? � N E \ N C M O 01 +_ 1n 00 E n rn O u �n ^ u m v d LL O ^ to n M I LL -Ln 0 V o Y C c0 C 2 14 —000 C W Z � N N 0 N W cc N N \ ~ \ N 0O 00 E y oq j m .--1 N N .--1 11 — C N -he I M ri W t 0 -Ln vyLn X LL O lD N 3 N .-1 Ln \ .�-1 N U -L cc Ln Ln 0 Qtp� o M Q Z o c �. k.0 LU D 0 Cn Cncc Co u V Ln w �o 41 N41 CL M CDM 1C U 10 C U 0 3C7; lD lD 01 Cd �? N n > 0 a c yMn +M/•i ai u Y o 0 a u 4, 3 0 .o Co cNo + H rn r v � i Uc_ L N � + (D C + >T 75 U N N + O _ N f U U Co U w t •• a of m H U o Q m G� IM E EF .52 io - d w O 2 O 2 :.: Cd U >+ 'O O V V O L= E U O `m o i ? E o U � C/52 H U U d Attachment 3 Cu 00 a City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09/16/2014 Item No. Subject: Resolution No. 2014-29; authorizing an addendum to the Contract for Fire Protection and Emergency Medical Services between the City of Cape Canaveral, Florida and the Cape Canaveral Volunteer Fire Department, Inc.; providing for repeal of prior inconsistent resolutions, severability, and an effective date. Department: Legislative Summary: The City and the Cape Canaveral Volunteer Fire Department, Inc. (CCVFD) entered into a Contract on September 25, 2007 for CCVFD to provide Fire Protection and Emergency Medical Services to the City, via Resolution 2007-27 (Attachment 1). The City Council annually considers/approves a resolution authorizing an addendum to the original Contract which has a 10 year term that extends through September 30, 2017. On January 17, 2012 the City Council approved an Agreement for Deed with the Cape Canaveral Volunteer Fire Department, Inc., where CCVFD agreed to deed the fire station property to the City. The City agreed to construct a new fire station within three years and to extend the contract with CCVFD for 20 years from the date of the certificate of occupancy (COO) for the new building. The COO is anticipated prior to October 1, 2014. As attached to Resolution No. 2014-29 (Attachment 2), under the Addendum put forth, the parties agree the Contract requires the City and CCVFD to re -negotiate the base Contract price each year after the first year. The parties have agreed to a revised base annual contract price for Fiscal Year 2014/15 of $1,608,390 payable $134,033 monthly. Other expenses, including capital equipment, total $260,591 for a total cost of $1,868,981 for Fire/Rescue services for FY 2014/15. Submitting Department Director: Angela M. Apperson kf Date: 9/4/2014 Attachments: 1. Resolution No. 2007-27 with attachments 2. Resolution No. 2014-29 with addendum Financial Impact: As put forth in the City's 2014/2015 Annual Budget and reflected in the 2014/2015 Contract Addendum, the City agrees to pay Cape Canaveral Volunteer Fire Department, Inc. the base annual Contract price of $1,608,390 payable in monthly installments of $134,033. Reviewed by Finance Director: John DeLeo Date: 11dr- The City Manager recommends that City Council a the following action: Adopt Resolution No. 2014-29. Approved by City Manager: David L. Greene - Date: .5 %l City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Attachment 1 RESOLUTION NO. 2007,27 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING AN AGREEMENT FOR FIRE PROTECTION, EMERGENCY MEDICAL SERVICES, AND AN OPERATING EQUIPMENT LEASE BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC.; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral and the Cape Canaveral Volunteer Fire Department, Inc. have entered into that certain Contract for Services dated September 25, 2007; and WHEREAS, said Contract contains a ten (10) year term commencing on October 1, 2007, and provides that the City and the Cape Canaveral Volunteer Fire Department, Inc. shall renegotiate the base contract price for each contract year after the first contract year. NOW, THEREFORE, be it resolved by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: SECTION 1. The Mayor and City Clerk are authorized to execute an Agreement to Contract for Services between the City of Cape Canaveral and the Cape Canaveral Volunteer Fire Department, Inc. to provide for a base contract price for the contract year October 1. 2007 through September 30. 2008. A copy of said Agreement is attached hereto and made a part hereof by this reference as if fully set forth. SECTION 2. The Mayor and City Clerk are authorized to execute an Operating Equipment Lease Agreement between the City of Cape Canaveral and the Cape Canaveral Volunteer Fire Department, Inc. for a (10) year term commencing on October 1. 2007 until September 30, 2017. A copy of said Operating Equipment Lease Agreement is attached hereto and made part hereof by this reference as if fully set forth. Attachment 1 Cly of Cape Canaveral, Horida Reeokfiim No. 2007-27 Page 2 SECTION 3. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 25th day of September, 2007. Rocky Rand els, Mayor ATTEST: Name For Against Sus a' p 0.0 s., C. Clerk Robert Hoog X Leo Nicholas Motbn • Buzz Petsos old Rocky Randels X Shannon Roberts X Appro s to Form: Anthony A. Garganese, City Attorney Attachment 1 CONTRACT FOR SERVICES THIS AGREEMENT entered into this day of September, 2012, by and between the QTY OF CAPE CANAVERAL, Florida, (hereinafter called the Com, and the CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., a non profit Florida corporation, (hereinafter mW the Corporation). WHEREAS, the City of Cape Canaveral holds a responsibility to its citizen s to provide adequate foe protection and emergency medical services; and WHEREAS, the electors of the Cityof Cape Canaveral bymajorityvote have directed the Mayor and City Council to uiillze the Cape Canaveral Volunteer Fire Department, Inc. to provide fire protection services; NOW, THEREFORE, in consideration of the agreement hereinafter set forth and in furdwconsideration of the payments hereinafter set forth, the parties hereto agree as follows: 1. The Carpomdon agrees to provide emergencyfire protection and emecgencymedical services whin the City of Cape Cimveral, Florida. 2. The Corporation agrees to complywith anymuunl aid pact or similar agreement entered into bythe Cay providing for emergency fire protection services outside of the municipal boundaries of the City. 3. The Corporation agrees to respond to anyother emergencysituation when ordered to do so bythe City Manager of Cape Canaveral, or his duly appointed designee. 4. The Corporation agrees to complywith all orders of the Fire Chief of the C kyof Crape Canaveral relating to the providing of the services refereed to herein. 5. The Corporation agrees to require its members to attend training sessions in order to achieve and maintain the degree of proficiencyrequired bythe State of Florida for firefighters. The Corporation also agrees to undergo additional training as maybe required bythe C,dyat reasonable times and upon reasonable notice; special training shall be administrated bya State Certified Fire Service Inmictor. This expense will be in addition to the amount determined in Paragraph 12 of this Contract, providing the City approves the special training request in advance.. 6. The Corporation agrees to establish Rules and Regulations for personnel and equipment. These Rules and Regulations are to be in conformance with the intent of providing safe, competent, courteous, and rel'iabie fire protection service to the City. A copyof these Hiles and regulations are available for review bythe Cityduring normal working hours. 7. The Corporation agrees to maintain attendance and training records and to allow the inspection or copying of such recotds bythe City upon two worlong days notice to the Corporation. Page i of 5 Attachment 1 S. The Corporation agrees to maintain at all times a minimum seven (7) firefighters per 24 hour shit. Trained firefighter shall mean possession of State Certification as Fimfighters, or greater. The Corporation shall ianmediatelynotify the City Manager, in writing, should said 24 hour shift fall below seven (7). 9. The Corporation shall provide the Citywith the level of service and all support services incident therew as follows: (a) At all times there shall be seven (7) trained firefighters on duty to respond to ells. (b) The Cogxntion agrees to provide Advanced Lit Support Services. The Corporation shall have one a minimum of two (2) Paramedics, and two (2) Emergency Medical Technicians on duty at all times. These personnel can also be the personnel required in paragraph 9(a). (c) The Fine Chief of OC'VFD shallperform the duties as the C kys Fire Chief for all prevention, fire, and emergency medical services activity. (d) The Corpomttion shall provide the services of a Fnie SafetyInspector. The Fire SafetyInspector shall perform those services on behalf of the City as are set forth in Florida State Stan= 633, and the City Code of Ordinances. 10. The City shall provide foe fighting equipment to the Corporation which shall be used within the corporate limits of Cape Canaveral or in such other geographical area as determined bythe senior officer on duty. The Corporation shall have the authority over the day to day use of said equipment in carrying out its duties under this Agreement. Routine maintenance of said equipment shall be the responsibility of the Corporation. Major repairs, defined herein as any repair oreeding five hundred dollars ($500.00) per occurrence, shall be the responsibil yof the City. ii. All personnel used by the Corporation in the performance of this Agreement shall be members or employees of the Cape Canaveral Volunteer Fire Department, Inc. 12. The Corporation agrees to obtain Public liabky, Casualtyand PropertyDammge Insurance, insuring the Corporation and the City against any and all claims, demands, and causes of action for bodily injuryor property damage relating to the performance of anydutyor obligation herein set forth, inchiding acts or omissions of the Corporation's paramedic and EmergencyMedical Technician personnel. The limits of said policies shall be in the amount of $1,000,000.00. The Corporation also agrees to provide Worlse?s Coarpensatioa coverage for the firefighters so long as they are acting within the scope of their duties; and fire, swrm, and property damage iatuuanae on the Fire Stations. The Corporation agrees to maintain the iasu www required bylawon its Defined Benefit Retirement Plan. The city shall pay the Corporation, in addition to the other sums payable under this contract, one-half (1/2) of the cost to the Corporation of the above described insurance. The Corporation will provide the Gtywith copies of the certificates of insurance indicating that the City is an additional insured there Page 2 of 5 Attachment 1 under. 13. The Cay agrees that in return for services specified herein, it will pay the Corporation the base annual contract price of 31,200,720. The compensation provided for herein shall be paid moruhlyin the sum of $100,060 per month commencing on the fast day of October, 2007, and continuing on the first day, of each month thereafter. The base contract price for each successive year of this Contract shall be mooed bythe parties annually. The (Alyfurther agrees that in the event of a catastrophic event, additional funding shall be provided by the City for vehicles, equipment, personnel, and supplies, less any disaster relief funding provided by another agef3'- 14. The City agrees to malts an annual payment of one half (1/2) of the total cost to the Corporation for the Volunteer Length of Service Award Program. 15. The terms of this Agreement shall be for a period of ten (10) years, commencing on the fust day of October 2007, and ending on the thirtieth day of September, 2017. 16. This Agreement maybe terminated, or any terms thereof modified, altered, or amended at any time by mumnd agreement of the parties hereto. 17. In the event either party defaults in the performance of any obligations under this Contract, and said default continues for a period of thirty (30) days after written notice of such default; this Conmact maybe canceled at the option of the other party. No delayin enforcing anyright hereunder shall be deemed a waiver of any rights the non -defaulting party may have in these premises. is. To the extent permitted bylaw and subject to the limitation set forth in Paragraph 22 of this Agreement, the Cary and the Corporation each indemnifyand will hold the other whole and harmless from anyand all manner of action and actions, cause and causes of action, suits, trespasses, judgments, executions, claims and demands, losses and damages, and costs and expenses of any kind whatsoever, including reasonable attorney's fees and court cow which may be claimed by any third party to have resulted from or arise out of the intentional or negligent acts of the employees, officers, or agents of the other, whether occurring before or after the Cary and Corporation assumed the obligations of this agreement. 19. During the duration of this agreement, all disputes or disagreements between the parties relative to either party's performance under the terms of this agreement, will be presented specifically, in writing, by the party, claiming the dispute. Thereafter, the responding partywril answer spedfrts llym writing within thirty (30) days to the clairmnt. within fifteen (15) days thereafter, the parties will be at a mtmuallyagree2ble time and place to either settle the dispute, or mutuallyagree to the facts and issues. Tkreapon, if not settled, each partyshall submit the issues to binding arbitration. The parties will choose a retired circuit judge as arbitrator. If the panties cannot agree on an arbitrator, then an arbitrator will be selected by the Court pursuant to Florida State Statute 682. 20. Notice or other writing required or permitted under this Agreement shall be given to tine Corporation, Page 3 of 5 Attachment 1 attention Fie Chief and/or President at 190 Jackson Avenue, Cape Canaveral, Florida, 32920; and to the Cay, attention Gry Manager at 105 Polk Avenue, Post Office Bos 326, Cape Canaveral, Florida, 32920. 21. This Agreement is subject to Article IV, section 4 of the Gty Charter and applicable provisions of the CayCode. Corporation agrees to fullycomplywith the GtyCode and anyanwadmeats to Article IV, section 4 of the Cuy Charter, or any other provision of the City Charter related to fire protection and emergency medical services, which are approved bya majorityof the qualified electors of the Cityat a dulyheld referendum. If the qualified electors of the City, by referendum election, choose to eliminate the City Charter provision which requires the City to conn act with the Corporation, or Article IV, section 4, is declared invalid by a court of law, the C kyshall have the right to terminate this Agreement with thirty(30) days written notice to the Corporation. If the Cityelects to terminate this Agreement, the City and Corporation shall have no further liabilit' y or obligation under this Agreement. In addition, should the Cuy elect to create its own fire department upon termination of this Agreement, the Gly will give preference to the hiring of the paid employees of the Corporation, with the eiooeptioa of the Fire Chief, provided said employees can satisfythe minimum hiring standards of the Gtythat are in place at the time of hiring. Said preference will expire six mom from the date that the City creates its own fire department. 22. Notwithstanding an3r other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the Ws right to sovereign immunityunder section 76828, Florida Statutes, or other limitations imposed on the Ws potential liabi ityunder state or federal law. As such, the Gtyshall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for anyclaim or judgment, or portion thereof, to anyone person for more than one hundred thousand dollars ($100,000.00), or anydaim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). This paragraph shall survive termination of this Agreement. Page 4 of 5 Attachment 1 IN WITNESS WHEREOF, the undersigned CITY OF CAPE CANAVERAL, FLORIDA, by its duly authorized officers, has wcecuted this ms== this LM day of Septeniba 2QQI-• QTY OF CAPE CANAVERAL, FLORIDA A municipal corporation By: Q©t cky Randels V. <�;!� Ro, Nhyor ATTEST: Susan Stilts, Cay Clerk .(CORPORATE SEAL) IN -WIrI USS WHEREOF, the undersigned CAPE CANAVERAL VOLUNTEER FIRE DEPARTh ENT, EW, a non-profit corporation, by its authorized officers, has executed this instrument this _ day of September 20_. J MST. 7< Brian Teek, Secretary (CORPORATE SEAL) CAPE CANAVERAL VOLUNTEER FIRE DEPAI By. Page 5of5 Attachment 1 The QTY OF CAPE CANAVERAL (QTY) as Lessor, and the CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC (OCVFD) as Lessee, enter into this Operating Equipment Lease Agreement this Zyof September, 2007, and agree as follows: 1. The QTY leases the fine equipment and fine vehicles listed on attached Exhibit 'A° to the OCVFD for the use of the OCVFD in performing its obligations tender the fire service contract between the parties dated the eday of September, 2007. 2. The patties hereto acknowledge that tide to the fine equipment and fine vehicles a and shall remain in the QTY at all times during the term of the lease. 3. The OC.'VFD will pay the QTY the sum of $1.00 for the term of the lease of said equipment. 4. The OCVFD agrees to keep the leased equipment in good repair and condition and further agrees to use said equipment only for the purposes set forth m the above referenced fire service contract. 5. The OCVFD agrees to maintain pmpertydamagc, theft, and liabiilityinsurance on said equipment during the term of this lease in policy amounts acceptable to the CITY. 6. The tern of this lease shall be from 1st day of October, 2007 until the 30th day of September, 2017, unless sooner terminated by the mtaual agreement of the parties. In the event the fire service contract between the parties is terminated prior to the 30th day of September, 2017, this lease shall terminate simultaneously. Attachment 1 IN WrIMSS WIHEREOF, we have sec our names and seals on the date above written. LESSOR QTY OF CAPE CANAVERAI, FLORIDA, a mualapal corporation BY Rocky r ATTEST: STATE OF FLORIDA COUNTY OF BREVARD The foregoing insuument was acknowledged before me this 0dayof ,# 2007 by RockyRandek, on behalf of the QTY OF CAPE CANAVERAL, wQ is personally known tome and who did not take an oath. MROGFOM ill 0W+ W0M 100100200 70 W- -AW 16.2000 ete wm�n o LESSEE: COUNTY OF BRE VARD M. BY The foregoing instrument was acknowledged beforeme this S-E�'dayofcrs, ix� 2007 by David J. SaWant, on behalf of the CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC, who is personally known to me and who did not take an oath. c ft 44� NOTARY PUB C , SEAL�ssion eVues: OC � Z/ NO'M PUBLIC -SM 0k FLORIDA oHeidi Strickland nftirec E a��� 2009 s bo., ma N :9 �aaQaaaaa¢ Y q I oo n R ' � I a W xi I U I K W d y cryo o L2 of u o o Y x c I Y I Ii Ii U , I N N u � pp yy O C I-• W W x W C 'O � •` YY p x IL Y 0.I IL IL y fi 4�. R G tV N N N iL N N N C 0 W YQ A 0 0 SIC 0 0 0 0 0 v 0 d _ _ Attachment 1 Attachment 2 RESOLUTION NO. 2014-29 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING AN ADDENDUM TO THE CONTRACT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC.; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral and the Cape Canaveral Volunteer Fire Department, Inc. have entered into that certain Contract for Services dated September 25, 2007; and WHEREAS, said Contract contains a ten (10) year term commencing on October 1, 2007, and provides that the City and the Cape Canaveral Volunteer Fire Department, Inc. shall renegotiate the base contract price for each contract year after the first contract year. NOW, THEREFORE, be it resolved by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: SECTION 1. The Mayor and City Clerk are authorized to execute an Addendum to the Contract for Services between the City of Cape Canaveral and the Cape Canaveral Volunteer Fire Department, Inc. to provide for a base contract price for the contract year October 1, 2014 through September 30, 2015. A copy of said Addendum is attached hereto and made a part hereof by this reference as if fully set forth. SECTION 2. This Resolution shall take effect immediately upon its adoption. (Adoption Page Follows) Attachment 2 City of Cape Canaveral, Florida Resolution No. 2014-29 Page 2 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 16th day of September, 2014. Rocky Randels, Mayor ATTEST: Name FOR AGAINST John Bond Angela Apperson, MMC Bob Hoog City Clerk Buzz Petsos Rocky Randels Betty Walsh Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney Attachment 2 ADDENDUM CONTRACT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES THIS ADDENDUM is entered into this 1St day of October 2014, by and between the CITY OF CAPE CANAVERAL, FLORIDA, (hereinafter "City"), and the CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., a non-profit Florida corporation (hereinafter called the "Corporation"). WHEREAS, Corporation currently provides fire protection and emergency medical services to the City and its citizens pursuant to City Charter and that certain Contract for Services approved by the parties and memorialized in writing by City Resolution 2007-27, as amended (hereinafter "Agreement"); and WHEREAS, the current term of the Agreement expires on September 30, 2017 except that at such time as the new fire station is constructed and a certificate of occupancy is issued by the City, the term of the Agreement shall be deemed amended to extend the term of the Agreement to a period of time equal to twenty (20) years from the date that the certificate of occupancy is issued by the City; and WHEREAS, in accordance with past practices under the Agreement, the parties desire to establish a base contract price for City fiscal year 2014/2015 in accordance with the City's annual budget process; and WHEREAS, the parties desire to amend the Agreement for purposes of adopting the base contract price for the City's fiscal year 2014-2015; and NOW THEREFORE, in consideration of mutual promises, and other lawful consideration, which the parties hereby acknowledge is sufficient and received, the City and the Corporation agree as follows: 1.0 The foregoing recitals are hereby deemed true and correct and are hereby fully incorporated herein by this reference. 2.0 Pursuant to Paragraph 13 of the Agreement, the base annual contract price for City Fiscal Year 2014/2015 shall be $1,608,390. The compensation provided herein shall be paid monthly in the sum of $134,033 per month commencing on the first day of October 2014 and continuing on the first day of the month thereafter. The parties shall negotiate the base contract price for each successive year of the Agreement annually. 3.0 The Agreement is hereby ratified and shall remain in full force and effect provided, however, the terms and conditions of the Agreement which are modified by this Addendum are repealed and superseded by the provisions set forth herein. On a periodic basis the parties agree to cooperate and meet to discuss updates and revisions. 4.0 The undersigned signatories hereby represent for their respective entities that they are duly authorized to execute this Addendum on behalf of their respective entity. Further, upon 11Page Attachment 2 execution of this Addendum, the Addendum shall be deemed a binding obligation on the respective entity on whose behalf they have executed the Addendum. IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by their duly authorized representatives as of the date first written above. CITY: CORPORATION: City of Cape Canaveral Cape Canaveral Volunteer Fire Department, Inc Rocky Randels, Mayor David Sargeant, Fire Chief/CEO Date: Date: ATTEST: Angela Apperson, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE CITY OF CAPE CANAVERAL ONLY: Anthony A. Garganese, City Attorney 2 1 P a g e City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09/16/2014 Item No. i Subject: Resolution No. 2014-30; authorizing an addendum to the Agreement for Municipal Law Enforcement Services between the City of Cape Canaveral, Florida and Wayne Ivey, as Sheriff of Brevard County; providing for the repeal of prior, inconsistent resolutions, severability and an effective date. Department: Legislative Summary: The City and the Brevard County Sheriff's Office (BCSO) entered into an Agreement on October 1, 2013 for BCSO to provide Municipal Law Enforcement Services to the City, via Resolution No. 2013-22 (Attachment 1). The City of Cape Canaveral and Wayne Ivey, in his capacity as the Sheriff of Brevard County, Florida, shall renegotiate the Agreement price each year for the term of the Agreement. The City Council annually considers/approves a resolution authorizing an addendum to the original Agreement; now in the second year of a two year term ending September 30, 2015. Under the addendum put forth, the parties agree the compensation to be paid by the CITY to BCSO for Fiscal Year 2014/2015 shall be the sum of $2,360,545. Payments shall be made to BCSO by the CITY in twelve equal monthly installments of $186,045.42 payable on or before the first day of each month. This represents the total contract price of $2,360,545 minus $128,000 credit for services provided to Avon -by -the Sea for a net pay cost of $2,232,545 for FY 2014/2015. Submitting Department Director: Angela M. Apperson Date: 9/4/2014 Attachments: 1. Resolution No. 2013-22 with Agreement 2. Resolution No. 2014-30 with addendum Financial Impact: As reflected in the City's 2014/2015 Annual Budget and in the addendum to the BCSO Agreement, the compensation to be paid by the City to BCSO shall be $2,360,545 less $128,000 credit for Avon -By -The -Sea for a net pay cost of $2,232,545 for FY 2014/2015. Reviewed by Finance Director: John DeLeo Date: The City Manager recommends that City Council t e the following action. Adopt Resolution No. 2014-30. Approved by City Manager: David L. Greene O'y-e- Date: / City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Attachment 1 RESOLUTION NO. 2013-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING AN AGREEMENT FOR MUNICIPAL LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND WAYNE IVEY, AS SHERIFF OF BREVARD COUNTY; PROVIDING FOR THE REPEAL OF PRIOR, INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral desires to have the Sheriff provide Municipal Law Enforcement Services; and WHEREAS, said Agreement contains a two (2) year term commencing on October 1, 2013 and ending September 30, 2015, and provides the City and the Sheriff shall renegotiate the contract price each year for the term of the contract. NOW, THEREFORE, be it resolved by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: SECTION 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. SECTION 2. Agreement for Municipal Law Enforcement Services. The Mayor and City Clerk are authorized to execute an Agreement for Municipal Law Enforcement Services between the City of Cape Canaveral and the Sheriff to provide services for the contract year October 1, 2013 through September 30, 2015. A copy of said Agreement is attached hereto and made a part hereof by this reference as if fully set forth. SECTION 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Council are hereby expressly repealed to the extent of the conflict. City of Cape Canaveral Resolution No. 2013-22 Page 1 of 2 Attachment 1 SECTION 4. Severability. If any section, clause, phrase, word, or provision of this Resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural reasons, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. SECTION 5. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 17'h day of September,201�. J`AL ATTIC: k Assistant City Manager/City Clerk Approved as to legal form and sufficiency for the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney ��V, ("� Rocky Randels, ayor Name For John Bond x Robert Hoog Motion Buzz Petsos Second Rocky Randels x Betty Walsh X Against Attachment 1 CAPE CANAVERAL LAW ENFORCEMENT AGREEMENT FY 2013/2014 — FY 2014/2015 This Agreement made and entered into this day of 2013 by and between the City of Cape Canaveral, a municipality, chartered in the State of Florida, by and through its elected City Council, hereinafter referred to as the "CITY", and Wayne Ivey, in his capacity as the Sheriff of Brevard County, Florida, a county constitutional officer and a county charter officer, hereinafter referred to as the "SHERIFF" or "BCSO". WITNESSETH WHEREAS, the CITY is located within Brevard County, Florida; and WHEREAS, the CITY is desirous to contract its law enforcement services to the SHERIFF; and WHEREAS, BCSO is authorized by law to exercise its authority throughout Brevard County, including within the City of Cape Canaveral. NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises set forth in this Agreement, the receipt and legal sufficiency of which are hereby acknowledged, the parties hereby agree as follows: ARTICLE I. DEFINITIONS: The following terms shall have the respective meanings hereinafter set forth for the purposes of this Agreement: 1. Administrative Assistant: A non -sworn exempt employee of the SHERIFF whose primary duties are of an administrative role and management of the administrative functions of the Commanding Officer. 2. Commanding Officer: The sworn law enforcement officer of executive rank employed by the SHERIFF and designated to administer the contractual services as provided by this Agreement. The Commanding Officer is responsible for the delivery of services, discipline of the City of Cape Canaveral Page 1 of is Law EnforoanW Conlrsd Fiscal Year 2012-2013 and 2013-2014 Attachment 1 personnel under their command, and to act as liaison with the City Manager, Cape Canaveral. 3. Consideration Agreement: A legally binding written agreement executed by both the SHERIFF and the CITY as to the payment of consideration by the CITY to the SHERIFF for service to the CITY in a future fiscal year, i.e., a Consideration Agreement is valid only if it is approved, adopted and legally binding on all parties to the same prior to the beginning of the fiscal year covered by the Agreement. 4. Deputy or Deputy Sheriff: A sworn law enforcement officer employed by the SHERIFF. The primary duties of this position are responding to emergencies, crimes, public service, accident investigation and pro -active patrol of a designated geographical area. 5. Effective Date: October 1, 2013. 6. Fiscal Year: A period of time beginning on October 1st of the designated year and ending September 301' of the following year. 7. General Crimes Agent: A sworn law enforcement officer employed by the SHERIFF whose primary duties include investigation of felony crimes, such as Burglary, Grand Theft, Robbery, Aggravated Assault, Aggravated Battery, Forgery, Fraud and other crimes designated by the Commanding Officer, Canaveral Precinct. 8. K-9 Unit: A swom law enforcement officer employed by the SHERIFF teamed with a trained K-9. Primary duties include routine active patrol, tracking and apprehension of suspects, search of buildings or grounds and detection of narcotics. City of Cape Canaveral Page 2 of 18 Low Enforcement Contract Fiscal Year 2012-2013 and 2013-2014 Attachment 1 9. Lieutenant: A sworn law enforcement officer of managerial rank employed by the SHERIFF. This position is responsible for the administration of precinct operations, facilitation of continuing training of precinct personnel, coordination of emergency and tactical operations and may serve as acting commander in the absence of the Commanding Officer. 10. Office Assistant/Desk Clerk: A non -sworn employee of the SHERIFF, whose primary duties include routine office tasks, greeting the public in person and on the telephone, and initiating case reports. 11. Patrol: The actual patrolling of the jurisdictional area of the CITY by the SHERIFF through his deputies, and attending to an observed or reported incident or availability to provide law enforcement services. 12. Public Service Aide: A non -sworn employee of the SHERIFF whose primary duties are to augment road Deputies by handling non -emergency and non -in -progress calls. 13. School Resource Officer: a sworn law enforcement officer employed by the SHERIFF. This program is designed to foster the development of positive attitudes by the youth toward the law and law enforcement officers in the school environment. Duties include crime prevention, counseling and teaching gang resistance and substance abuse prevention. 14. Sergeant: A sworn law enforcement officer of supervisory rank, whose primary duties include the direct supervision of a shift of deputies or specialty unit, generally assigned to a particular shift. This position is also City of Cape Canaveral Page 3 of 18 Law Enforcement Contract Fiscal Year 2012-2013 and 2013-2014 Attachment 1 responsible for the same duties as listed for a Deputy Sheriff in Paragraph 1.4 of this Agreement. 15. Service: Comprehensive professional law enforcement and protection on a twenty-four (24) hour per day basis, except hereinafter stated, including reactive patrol to enforce State Laws and, to the extent allowable by law, City Ordinances of the CITY; pro -active patrol to deter criminal activity; and traffic patrol to enforce traffic laws and prevent traffic accidents. 16. Shift: Service provided on an eight, ten or twelve hour basis (assigned at the discretion of the SHERIFF or designee) based on operational needs. 17. Special Investigations Agent: a sworn law enforcement officer whose primary duties are the investigation of crimes related to narcotics, controlled substances, prostitution and gambling. 18. Special Operations Officer: A sworn law enforcement officer whose primary duties consist of crime prevention, special community projects, directed patrol, supervision and administration of the Citizen Observer Program and problem solving within the community. 19. State of Emergency: The facts, events and circumstances which result in a declaration of disaster or other state of emergency by the Governor of the State of Florida or the United States government. 20. Traffic Enforcement Deputy: a sworn law enforcement officer employed by the SHERIFF. Primary duties consist of traffic enforcement, accident investigation, directed patrol and special community projects. City of cape Canaveral Page 4 of 18 Law Enbrcement Contrad Fiscal Year 2012-2013 and 2013-2014 Attachment 1 ARTICLE II, LEVEL OF LAW ENFORCEMENT SERVICE: As a nationally accredited law enforcement organization, BCSO and the Canaveral Precinct being a part thereof will conduct law enforcement operations in accordance with accreditation standards as outlined in BCSO General Order 200.01. BCSO shall provide the CITY for the term hereinafter set forth, as the same may be extended in accordance with the provisions hereof, competent professional law enforcement service, within and throughout the jurisdictional area of the CITY. The SHERIFF shall at all times endeavor to provide the CITY with service similar to that which they would enjoy with a municipal police department, to the extent and in the manner hereinafter described: 1. Provide 24-hour law enforcement services to the CITY and enforce all laws for which BCSO has jurisdiction to enforce. 2. There shall be a minimum of two deputies on patrol within the jurisdictional boundaries of the CITY at all times in accordance with accepted law enforcement practices. During any exception to the foregoing because of illness, emergency, or any other reason, patrol services may be augmented by mutual aid service. Patrol shall be construed to mean, the actual patrolling of the jurisdictional area of the CITY, or attending to an observed or reported incident or availability to provide law enforcement services. Service shall include reactive patrol to enforce State laws and, to the extent allowable by law, City Ordinances of the CITY, proactive patrol to prevent and deter criminal activity and traffic patrol to enforce traffic laws and prevent traffic crashes. 3. A representative of BCSO shall be present at City Council meetings or other public meetings when so reasonably requested by the City Manager or his/her designee. City of Cape Canaveral Page 5 of 18 Law Enforcement Contract Fiscal Year 2012-2013 and 2013-2014 Attachment 1 4. Commencing on the Effective Date, staffing provided by this Agreement will be as follows: 1 Major 1 Lieutenant 5 Sergeants 16 Deputies 2 General Crimes Agents 1 School Resource Officer (SRO) at Cape View Elementary 1 Traffic Enforcement Deputy 1 Special Investigations Agent (shared position with BCSO) 1 Administrative Assistant 2 Public Service Aides 2 Office Assistants/Desk Officers 5. BCSO shall make all good faith efforts to provide full staffing for all contracted personnel listed within this contract on the Effective Date. 6. BCSO shall make all good faith efforts to promptly fill any personnel vacancy occurring throughout the duration of this contract. ARTICLE III. ANCILLARY SERVICES In addition to those services and responsibilities hereinabove described, BCSO shall provide the CITY, with the following expertise, services and facilities as the same might be required from time to time on an availability/priority basis as determined by the SHERIFF. 1. Countywide Selective Enforcement Unit; 2. Aviation Unit; 3. Prisoner and Detention Center Services; 4. Homicide/Major Crimes Unit; 5. K-9 Services; City of cape Canaveral Page 8 of 18 Law Enforcement Contrad FW;d Year 2012-2013 and 20132014 Attachment 1 6. Crime Scene Unit; 7. Watercraft/Boats and BCSO Dive Team; 8. BCSO attendance of meetings of the CITY, when requested; 9. Any Other Unit or specialty service developed by BCSO during the term of this Agreement. ARTICLE IV. MAINTENANCE OF ABILITY All Capital Equipment purchased by the SHERIFF for use in the performance of this Agreement shall remain in the exclusive control of the SHERIFF. Ownership of such equipment shall remain with the SHERIFF at all times. Ownership of vehicles purchased prior to the execution of this Agreement shall remain with the CITY. Upon termination of this Agreement or the surplus of any vehicle purchased with CITY funds, the vehicle or proceeds from the surplus of a vehicle shall be returned to the CITY. Ownership of all other equipment, regardless of acquisition date for funding used to acquire it, shall remain with BCSO. The CITY shall provide facilities for use by SHERIFF in performing this Agreement. In the facilities provided by the CITY for use by the SHERIFF, the CITY hereby agrees to provide for all routine maintenance, repairs and replacement of existing facilities, and shall provide janitorial services and, pay all charges for utilities and other services required for the operation of the facilities. The facilities shall be used for the sole purpose of providing the services as defined in this Agreement. Any other use of these facilities shall be negotiated as to cost and extent. ARTICLE V. EMPLOYMENT RESPONSIBILITY All Deputy Sheriffs, supervisors and other persons employed by BCSO in the performance of the services, functions and responsibilities as described and contemplated herein for the CITY shall remain BCSO employees, and no one of such persons shall be considered in the employ of the CITY for the purpose of City of Cape Canaveral Page 7 of 18 Law Enforcement Contract Fiscal Year 2012-2013 and 20132014 Attachment 1 pension, benefits, insurance benefits, civil service benefits, compensation or any status or right. Accordingly, the CITY shall not be called upon to assume any liability for or direct payment of any salaries, wages or other compensation, contributions to pension funds, insurance premiums, workers' compensation funds, vacation or compensatory time, sick leave benefits or any other amenities of employment to any BCSO personnel performing services, duties and responsibilities herein for the benefit of the CITY or any other liabilities whatsoever, unless specifically provided herein. Likewise, unless specifically provided to the contrary herein, the CITY shall not be liable for compensation, contribution or indemnity to BCSO or the employees thereof for any injury or illness, of any kind whatsoever, arising out of such employment and in the performance of the services, duties and responsibilities contemplated herein. ARTICLE VI. EMPLOYMENT: RIGHT OF CONTROL The SHERIFF shall have and maintain the responsibility for and the control of the rendition of the services, the standards of performance, the discipline of personnel and other matters incident to the performance of the services, duties and responsibilities described and contemplated herein. 1. The CITY, by its City Manager, shall have the right to request BCSO to transfer personnel who, by mutual agreement of the City Manager and the Sheriff, fails to perform in a manner consistent with standards contemplated herein. 2. The CITY agrees to cooperate with BCSO, its Deputy Sheriffs and other departmental personnel in all reasonable ways in order to effectively provide the service required herein. 3. The ultimate control and direction of the manner in which any BCSO employee shall carry out and perform his/her duties under this Agreement shall rest with the SHERIFF; provided, however, BCSO agrees that it will cooperate with the CITY so as to concentrate its efforts in particular areas city of Cape Canaveral Page 8 of 18 Law Enforcement Contract Fiscal Year 2012-2013 and 2013-2014 Attachment 1 or incidents called to the attention of the Commanding Officer, Canaveral Precinct by the City Manager or his/her designee. ARTICLE VII. CONSIDERATION 1. The compensation to be paid by the CITY to BCSO for Fiscal Year 2013 — 2014 shall be the sum of Two Million Six Hundred Fifty-five Thousand, Three Hundred Forty Five Dollars ($2,655,345), to be calculated as follows: Fee amount for services of $2,655,345 less credit for Avon -by -The -Sea of $124,000 for a total of $2,531,345. 2. Payments shall be made to BCSO by the CITY in twelve equal monthly installments of $210,945.42 payable on or before the first day of each month. 3. The Consideration Clause of this Agreement shall be negotiated annually through the budgetary process between the CITY and the SHERIFF. 4. Written agreement as to the compensation paid by the CITY to BCSO for each subsequent year shall be in force by October 1" of the affected year. Should a mutually agreeable fee not be reached by September 30, of the affected year, the fee will be equal to that of the previous year, plus 4% for operational increases. This amount may be adjusted by mutual agreement after the start of the fiscal year, after the CITY approves a budget. 5. Any request for modification of service levels contemplated within this Agreement shall be accomplished by written request to the SHERIFF, and if necessary, amendment to the fee then in effect. 6. Should the CITY desire that the SHERIFF provide services at a higher level than contemplated herein, the CITY, through its City Manager, may negotiate with the SHERIFF regarding modification of this Agreement and shall bring such modification to the City Council for their consideration and appropriate action. City of cape Canaveral Page 9 of 18 Low Enforcement Contract Fiscal Year 2012-2013 and 2013-2014 Attachment 1 7. Cost of Investigation funds received by BCSO shall be remitted to the CITY on a quarterly basis. ARTICLE VIII. SPECIAL EQUIPMENT: PROVISO BCSO shall provide, in furtherance of the fulfillment of the responsibilities imposed hereby and the intent contemplated herein, without additional costs therefore, additional marking with the name "Cape Canaveral', prominently displayed on Patrol Units. ARTICLE IX. NATURAL DISASTERS AND EMERGENCY OPERATIONS 1. Upon declaration of a federal disaster by the United States government or other state of emergency, declared by the Governor of the State of Florida, or by mutual agreement between the CITY and the SHERIFF, the CITY agrees to fund the additional personnel, overtime, capital and operational expenses, incurred by BCSO during the declaration period for the benefit of the CITY. 2. Any State or Federal aid sought in relief for such disasters or emergencies shall be the responsibility of the CITY. BCSO will provide documentation for all expenditures incurred pursuant to BCSO General Order 300.08. (a) When an emergency condition has been declared by the SHERIFF, and employees in all precincts/offices performing non- essential functions on a county -wide basis are granted paid administrative leave by the SHERIFF to return home, those employees of the SHERIFF required to work during the emergency conditions, in lieu of the paid administrative leave, shall receive compensatory time for all normally scheduled hours worked (hour for hour basis) in which non-essential employees of the SHERIFF are granted paid administrative leave and, in addition, shall be paid as follows: City of Cape Canaveral Page 10 of 18 Law Enforcement Con"d Fiscal Year 2012-2013 and 2013-2014 Attachment 1 (1) Employees of the SHERIFF shall be paid at time and one-half for all hours worked during the declared emergency conditions. (2) Upon approval from the SHERIFF, Commanders, Majors, Directors and Managers may receive compensatory time for hours worked outside their normal work hours during the declared emergency conditions. (3) Temporary employees of the SHERIFF shall not be eligible to receive paid administrative leave during a declared emergency. In the event a temporary employee is required to work during the declared emergency they shall be paid time and one-half for working the emergency event. (b) Employees of the SHERIFF who are required to work during the recovery effort period, as established by the SHERIFF shall be paid time and one half for all hours worked during the recovery effort period. (c) Employees of the SHERIFF who are on a pre -approved leave or regularly scheduled day off during the declared emergency period are not eligible for administrative leave. ARTICLE X. GRANTS The SHERIFF or his designee may inform the City Manager or his/her designee, of any grants brought to his/her attention that would be beneficial to law enforcement operations at Cape Canaveral. The CITY shall be responsible for the application, administration and disposition of any and all such grants. City of cape Canaveral Page 11 of 18 Law Enforcement Contract Fiscal Year 2012-2013 and 2013-2014 Attachment 1 ARTICLE XI, INSURANCE The SHERIFF agrees to provide law enforcement officers professional liability insurance coverage for bodily injury and property damage caused by an occurrence arising out of the scope and performance of the duties of said law enforcement officers and support personnel covered by this Agreement. The SHERIFF will provide automobile liability insurance for bodily injury and property damage for vehicles used by BCSO under the terms and conditions of this Agreement. 1. The SHERIFF may elect to join with a recognized self-insurance program with other law enforcement agencies to provide insurance coverage described above. Costs of such described insurance will be part of the funds provided by the CITY. 2. The CITY shall provide its own fire, storm, flood, property damage and public liability insurance for bodily injury, for the facilities furnished by the CITY to the SHERIFF and shall name the SHERIFF as an additional insured, at no cost to the SHERIFF. 3. The CITY assumes all risk of loss not covered by insurance. ARTICLE XII. FORFEITURE FUNDS 1. The SHERIFF agrees that within the provisions of the Florida Contraband Forfeiture Act (Sections 932.701 through 932.707, Florida Statutes), proceeds collected from operations originating by Deputy Sheriffs assigned to and within the jurisdictional area of the CITY pursuant to the Florida Contraband Forfeiture Act will be utilized to enhance law enforcement operations within the CITY. 2. Proceeds, including monies, collected by the SHERIFF in accordance with the provisions of Paragraph 12.1 of this Agreement shall be distributed as follows: (a) Proceeds of not more than $50,000 in value seized pursuant to BCSO law enforcement operations within the jurisdictional area of City of Cape Canaveral Page 12 of 18 Law Enforcement Contract Fiscal Year 2012-2013 and 2013-2014 Attachment 1 the CITY, upon forfeiture, will be awarded to the CITY, less the attorney fees and other direct costs of the forfeiture proceeding. Such proceeds awarded to the CITY shall be utilized for law enforcement services, as specified by Florida Statute 932.7055, within the CITY. (b) Proceeds exceeding $50,000 in value seized pursuant to BCSO law enforcement operations within the jurisdictional area of the CITY shall be disbursed, less attorney fees and other direct costs of the forfeiture proceeding, as follows: (1) Upon forfeiture, the first $50,000 of proceeds as to value shall be awarded to the CITY; and, (2) Proceeds in excess of $50,000 of value shall be distributed pro rata in relationship to the percentage of the assigned Deputy Sheriffs from Canaveral Precinct to the number of Deputy Sheriffs funded by Brevard County who are assigned to the operation. Such proceeds awarded to the CITY shall be utilized for law enforcement services, as specified by Section 932.7055, Florida Statutes, within the CITY. (c) Proceeds exceeding $10,000 in value seized pursuant to BCSO law enforcement operations outside the jurisdictional area of the CITY with the participation of Deputy Sheriffs assigned to the CITY shall be distributed pro rata in relationship to the percentage of the assigned Deputy Sheriffs from Canaveral Precinct to the number of Deputy Sheriffs funded by Brevard County assigned to the operation. Such proceeds awarded to the CITY shall be utilized for law enforcement services, as specked by Section 932.7055, Florida Statutes, within the CITY. 3. If property other than cash or currency is seized in contraband forfeiture cases within the jurisdictional area of the CITY, the CITY shall advance all legal costs related to the forfeiture. Should the CITY refuse to advance such costs, the SHERIFF may elect to fund the legal costs of the City or Cape Canaveral Page 13 of 18 Lew Enforcement Contract Fiscal Year 2012-2013 end 2013.2014 Attachment 1 forfeiture proceeding whereupon the property or any proceeds from the sale of such property shall be the sole property of the SHERIFF. 4. The SHERIFF shall supply documentation of awarded and recovered investigative fees, on a monthly basis as provided by Clerk of the Court. Payments actually received by the SHERIFF will be made to the CITY by BCSO on a quarterly basis. 5. Proceeds collected on account of investigations initiated after termination of this Agreement, shall be the sole property of the SHERIFF. ARTICLE XIII. TRAINING The CITY upon request of the SHERIFF, shall disburse when available, Police Education Income Funds (Second Dollar) to the SHERIFF, for the continuing professional education of personnel assigned to Canaveral Precinct. ARTICLE XIV. HOLD HARMLESS CLAUSE The CITY and the SHERIFF each will be responsible for any and all manner of action and actions, cause and causes of action, suits, trespasses, judgments, executions, claims and demands and losses and damages, costs and expenses of any kind whatsoever, including attorney fees and court costs, which may be claimed by any third party to have resulted from or arise out of the intentional or negligent acts or omissions of its own employees, officers or agents of the other, whether occurring before or after the CITY and the SHERIFF assumed the obligations of this Agreement. Each party will be responsible for defending any actions, claims or suits arising from any act or omission of its own employees, officers or agents. ARTICLE XV. DISPUTES AND DISAGREEMENTS During the duration of this Agreement, all disputes and disagreements between the parties relative to either party's performance under the terms and conditions of this Agreement will be presented specifically, in writing, by the party -claiming Gly of Cape Canaveral Page 14 of 18 Law Enlorcernent Contract Fiscal Year 2012-2013 and 2013-2014 Attachment 1 dispute. Thereafter, the responding party will answer specifically in writing within thirty (30) days to the claimant. Within forty-five (45) days thereafter, the parties will meet at a mutually agreeable time and place to either settle the dispute, or mutually agree to the facts and issues. Thereupon, if not settled, each party shall submit the issues to binding arbitration pursuant to Chapter 682, Florida Statutes. ARTICLE XVI. NOTICE Notices, claims and any other matter requiring written communication to a party shall be given as follows: To The SHERIFF: Brevard County Sheriff's Office Attn: Wayne Ivey, Sheriff 700 Park Avenue Titusville, Florida 32780 To The CITY: City of Cape Canaveral Attn: City Manager 105 Polk Avenue Cape Canaveral, Florida 32920 ARTICLE XVII. TERM OF AGREEMENT This Agreement contains a two (2) year term commencing on October 1, 2013 and ending September 30, 2015, and provides the City and the Sheriff shall renegotiate the contract price each year for the term of the contract. ARTICLE XVIII. MODIFICATION: This Agreement shall not be modified except by a written Modification Agreement, signed and properly approved by both parties hereto. ARTICLE XIX. TERMINATION Either party may terminate this Agreement without cause or further liability to the other, upon written notice, to the other party. Written notice for the termination City of Cape Canaveral Page 15 of 18 Law Enforcement Contrad Fiscal Year 2012-2013 and 2013-2014 Attachment 1 of this Agreement shall be given not less than 180 days prior to the requested termination date. 1. Written notice shall be delivered by registered mail or certified mail, return receipt requested, and is deemed delivered through signed receipt. 2. Upon any such termination all further obligations shall cease, except payment for services rendered up to midnight of the effective date of termination. ARTICLE XX. LEGALITY OF AGREEMENT Any obligations of this Agreement that are hereafter determined by a court of competent jurisdiction to be illegal are void, and neither party will be obligated to further perform as to such obligations. If a nonmaterial portion of the total obligation of this contract is hereby severed, the balance of the lawful portions hereof will continue to be performed. ARTICLE XXI. TOTALITY OF AGREEMENT This Agreement supersedes any other agreement between the parties, oral or written, and contains the entire agreement between the City and Sheriff as to the subject matter hereof. ARTICLE XXII. PUBLIC RECORDS. In accordance with section 119.0701, Florida Statutes, Sheriff agrees that all documents, transactions, writings, papers, letters, tapes, photographs, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to this Agreement or in connection with any funds provided by the City pursuant to this Agreement may be considered public records pursuant to Chapter 119, Florida Statutes. Sheriff agrees to keep and maintain any and all public records that ordinarily and necessarily would be required by the City in order to perform the services required by this Agreement. Sheriff also agrees to City of Cape Canaveral Page 18 of 18 Law Enforcement Contract Flual Year 2012-2013 and 2013-2014 Attachment 1 provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. Sheriff shall also ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. In addition, Sheriff shall meet all requirements for retaining public records and transfer, at no cost, to the City all public records in possession of the Sheriff upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements, except to the extent that Sheriff as a Florida county constitutional officer is required to retain and maintain any and all such public records. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. If Sheriff does not comply with a public records request, the City shall have the right to enforce the provisions of this Paragraph. In the event that Sheriff fails to comply with the provisions of this Paragraph, and the City is required to enforce the provisions of this Paragraph, or the City suffers a third party award of attorney's fees and/or damages for violating the provisions of Chapter 119, Florida Statutes due to Sheriffs failure to comply with the provisions of this Paragraph, the City shall be entitled to collect from Sheriff prevailing party attorney's fees and costs, and any damages incurred by the City, for enforcing this Paragraph against Sheriff. And, if applicable, the City shall also be entitled to reimbursement of any and all attorney's fees and damages which the City was required to pay a third party because of Sheriff's failure to comply with the provisions of this Paragraph. This Paragraph shall survive the termination of this Agreement. THE NEXT PAGE IS PAGE 18, THE SIGNATURE PAGE. City of cape Canaveral Page 17 of 18 Law Enforcement Contract Fiscal Year 2012-2013 and 2013-2014 Attachment 1 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and the year first written above. ATTEST: SHERIFF OF BREVARD COUNTY, FLORIDA z L-� :�,' LA EN ayne Ivey, Sheriff �j Approved as to form and content: Charles Ian Nash, General Counsel for Sheriff Wayne Ivey Date: _ ATTEST: r - MAYOR OF THE CITY OF CAPE CANAVERAL, FLORIDA It 4926 Rocky Randels, Mayor Approyedas to form and content: Anthony A. Garganese, City Attorney City of Cape Canaveral 911-7113 Date: CNy of Gape Canaveral Page 18 0(18 Law EnWesmant Contract Fiscal Year 2012-2013 and 2013-2014 Attachment 2 RESOLUTION NO. 2014-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING AN ADDENDUM TO THE AGREEMENT FOR MUNICIPAL LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND WAYNE IVEY, AS SHERIFF OF BREVARD COUNTY; PROVIDING FOR THE REPEAL OF PRIOR, INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral desires to have the Sheriff provide Municipal Law Enforcement Services; and WHEREAS, said Agreement contains a two (2) year term commencing on October 1, 2013 and ending September 30, 2015, and provides the City and the Sheriff shall renegotiate the contract price each year for the term of the contract. NOW, THEREFORE, be it resolved by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: SECTION 1. The Mayor and City Clerk are authorized to execute an addendum for Municipal Law Enforcement Services between the City of Cape Canaveral and the Sheriff to provide services for the contract year October 1, 2014 through September 30, 2015. A copy of said addendum is attached hereto and made a part hereof by this reference as if fully set forth. SECTION 2. This Resolution shall take effect immediately upon its adoption. (Adoption page follows) City of Cape Canaveral Resolution No. 2014-30 Page 2 Attachment 2 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 16th day of September, 2014 ATTEST: Rocky Randels, Mayor Name For Against Angela Apperson, MMC, Assistant John Bond City Manager/City Clerk Robert Hoog Buzz Petsos Rocky Randels Betty Walsh Approved as to legal form and sufficiency for the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney Attachment 2 ADDENDUM CAPE CANAVERAL LAW ENFORCEMENT AGREEMENT THIS ADDENDUM is entered into this 15' day of October 2014, by and between the CITY OF CAPE CANAVERAL, FLORIDA, (hereinafter "City"), and WAYNE IVEY, IN HIS CAPACITY AS THE SHERIFF OF BREVARD COUNTY, FLORIDA, a county constitutional officer and a county charter officer, (hereinafter called the "Sheriff' or "BCSO"). WHEREAS, the Sheriff currently provides for municipal law enforcement services to the City and its citizens pursuant to that certain Cape Canaveral Law Enforcement Agreement approved by the parties and memorialized in writing by City Resolution No. 2013-22, as may be amended from time to time, (hereinafter "Agreement"); and WHEREAS, the Agreement contains a two (2) year term commencing October 1, 2013 and ending September 30, 2015, and provides the City and the Sheriff shall renegotiate the compensation to be paid by the City to BCSO each year for the term of the contract; and WHEREAS, the Agreement requires that written agreement as to the compensation paid by the CITY to BSCO for each year be in force by October 1st of the affected year, or the fee will be equal to that of the previous year, plus 4% for operational increases subject to adjustment by mutual agreement after the commencement of the fiscal year and after the City approves a budget; and WHEREAS, in accordance with the Agreement, the parties desire to establish the compensation to be paid by the City to BCSO for fiscal year 2014/2015 in accordance with the City's annual budget process; and WHEREAS, the parties desire to amend the Agreement for purposes of adopting the base contract price for the City's fiscal year 2014/2015; and NOW THEREFORE, in consideration of mutual promises, and other lawful consideration, which the parties hereby acknowledge is sufficient and received, the City and the BCSO agree as follows: 1.0 The foregoing recitals are hereby deemed true and correct and are hereby fully incorporated herein by this reference. 2.0 Pursuant to Article VII of the Agreement, the compensation to be paid by the CITY to BCSO for Fiscal Year 2014/2015 shall be the sum of $2,232,545. Payments shall be made to BCSO by the City in twelve equal monthly installments of $186,045.42 payable on or before the first day of each month. 3.0 The Agreement is hereby ratified and shall remain in full force and effect provided, however, the terms and conditions of the Agreement which are modified by this Addendum are repealed and superseded by the provisions set forth herein. On a periodic basis the parties agree to cooperate and meet to discuss updates and revisions. 1IPage Attachment 2 4.0 The undersigned signatories hereby represent for their respective entities that they are duly authorized to execute this Addendum on behalf of their respective entity. Further, upon execution of this Addendum, the Addendum shall be deemed a binding obligation on the respective entity on whose behalf they have executed the Addendum. IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by their duly authorized representatives as of the date first written above. CITY: BCSO: CITY OF CAPE CANAVERAL WAYNE IVEY, SHERIFF OF BREVARD COUNTY, FLORIDA Rocky Randels, Mayor Wayne Ivey, Sheriff Date: ATTEST: Angela Apperson, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE CITY OF CAPE CANAVERAL ONLY: Anthony A. Garganese, City Attorney Date: Date: 21 Page City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 9/16/2014 Item No. '9 Subject: Resolution No. 2014-32; reappointing members to the Board of Adjustment, Code Enforcement Board, Culture and Leisure Services Board and Library Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability; and an effective date. (Linda Brown, Walter Godfrey, Ralph Lotspeich, Raymond Viens, Maureen Michel, Joanna Atwood, Jean Deck and Mary Ernst) Department: Legislative Summary: Linda Brown has served on the Board of Adjustment since April 2009. Her current (2) two-year term expires on October 1, 2014. This reappointment begins her first (3) three-year term allowed under the limits referenced in the Code and below. The City received word from long-time Board Member Paula Collins of her decision to leave the Board of Adjustment after 14 years of service to the City. A thank -you letter from Mayor Randels and Certificate of Appreciation from the City were mailed to her 8-28- 2014. Walter Godfrey has served on the Code Enforcement Board since February 1993, Ralph Lotspeich since September 2008 and Raymond Viens since March 2005. All have current (3) three-year terms expiring on October 1, 2014. The reappointments begin their first (3) three-year terms allowed under the limits referenced in the Code and below. Maureen Michel has served on the Culture and Leisure Services Board since February 2013. Her current (1) one-year term expires on October 1, 2014. This reappointment begins her first (3) three-year term allowed under the limits referenced in the Code and below. Joanna Atwood has served on the Library Board since May 1980 and her current (2) two-year term expires on October 1, 2014; Jean Deck has served since June 2002 and her current (3) three-year term expires October 1, 2014; and Mary Ernst has served since May 2003 and her current (2) two-year term expires October 1, 2014. These reappointments begin the Members' first (3) three-year terms allowed under the limits referenced in the Code and below. The City Clerk's Office received Expiration Notices that each Member desired to continue serving on their Board. Per City Code of Ordinances Sec. 2-171 (f) Term, all Board and Committee Members shall be appointed to serve a three-year term and may be reappointed by the City Council for one additional three-year term. There shall be no limit on the total number of terms a Board or Committee Member may serve, except no person shall be appointed to more than two consecutive terms on the same board or committee unless no other qualified applicants submit applications seeking appointment. Notwithstanding, the City Council may appoint a Member to a term of less than three years in order to stagger the terms of the entire board or committee. If a Member is removed, or vacates their appointment for any reason, including death, excessive absence or resignation prior to the expiration of their term, the City Council may at its discretion appoint an individual to serve the remaining portion of the City Council Meeting Date: 9/16/2014 Item No. g Page 2 of 2 unexpired term. It is now incumbent upon the City Council to reappoint each as Members of said Boards by Resolution No. 2014-32. Submitting Department Director: Angela Apperson JVNI Date: 9/8/2014 Attachment: Resolution. No. 2014-32 Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Finance Director: John DeLeo Date: X The City Manager recommends that City Council ke the following actio : Adopt Resolution No. 2014-32. Approved by City Manager: David L. Greene O -Vs Date: q City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain RESOLUTION 2014-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE BOARD OF ADJUSTMENT, CODE ENFORCEMENT BOARD, CULTURE AND LEISURE SERVICES BOARD AND LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida has by Section 110- 2, Cape Canaveral City Code, established a board known as the Board of Adjustment; and WHEREAS, the City Council of the City of Cape Canaveral, Florida has by Section 2- 256, Cape Canaveral City Code, established a board known as the Code Enforcement Board; and WHEREAS, the City Council of the City of Cape Canaveral, Florida has by Section 54- 26, Cape Canaveral City Code, established a board known as the Culture and Leisure Services Board; and WHEREAS, the City Council of the City of Cape Canaveral, Florida has by Section 46- 26, Cape Canaveral City Code, established a board known as the Library Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to reappoint Members to said Boards. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. Section 2. Reappointments to the Board of Adjustment, Code Enforcement Board, Culture and Leisure Services Board and Library Board pursuant to Section 2-171(e) of the Cape Canaveral City Code, the City Council of the City of Cape Canaveral hereby reappoints the following individuals to the Cape Canaveral Boards indicated below: A. Linda Brown, shall be reappointed to the Board of Adjustment for a term of three (3) years. B. Walter P. Godfrey, Jr, Ralph S. Lotspeich, Jr., and Raymond Viens each shall be reappointed to the Code Enforcement Board for terms of three (3) years. D. Maureen Michel shall be reappointed to the Culture and Leisure Services Board for a term of three (3) years. City of Cape Canaveral Resolution No. 2014-32 Page 1 of 2 F. Joanna Atwood, Jean Deck and Mary Ernst each shall be reappointed to the Library Board for a term of three (3) years. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 16th day of September, 2014. k1M1*111 Rocky Randels, Mayor Name FOR AGAINST John Bond Angela Apperson, MMC Bob Hoog City Clerk Buzz Petsos Rocky Randels Betty Walsh Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No. 2014-32 Page 2 of 2 4 City of Cape Canaveral City Council Agenda Form �a City Council Meeting Date: 09/16/2014 Item No. g Subject: Award contract for Commercial Recreational Franchise for provision of Kayak/Paddleboard Eco tours, lessons and rentals to A1A Management LLC (DBA: Al Beach Rentals) at Banana River Park; Award contract for Commercial Recreational Franchise for Provision of Surf Instruction at the sand and beach areas within the boundaries of Johnson Avenue to the south and Jefferson Avenue to the north, to Sandy Beach Surfing, LLC.; and authorize the City Manager to sign contract for the same. Department: Leisure Services Summary: Commercial Recreational Franchises were discussed at the City Council Meetings on 5/20/2014 and 6/17/2014 as part of Ordinance 07-2014, Amending Chapter 54, Parks and Recreation (attachment 1). Request for Proposals (RFP's) #2014-02 (attachment 2) and #2014-03 (attachment 3) were developed to comply with Ordinance requirements. Legal advertisements ran in the Florida Today Newspaper on July 14, 2014. The RFP's were distributed to 23 firms. Three proposals were received on August 22, 2014 at 3:00 p.m. for RFP #2014-03 and one for RFP #2014-02. The Selection Committee Members met and reviewed the proposals on August 29, 2014 (attachment 4). Although only one Proposal was received for RFP #2014-02, the Proposer included all requested documentation and met all required criteria. The Committee reviewed, but did not rank this proposal as it was the only one submitted. It is recommended that the City Council award the contract for RFP # 2014-03 to A1A Management LLC (DBA: Al Beach Rentals) at Banana River Park and the contract for RFP #2014-02 to Sandy Beach Surfing, LLC., at the sand and beach areas within the boundaries of Johnson Avenue to the south and Jefferson Avenue to the north It is recommended the City Council authorize the City Manager to utilize the draft vendor agreement from the RFP's and authorize the City Manager to sign contract for the same. (� SubmittingDepartment Director: Gustavo Ver ara`�4AYDate: 9/5/2014 Attachments: 1. Ordinance No. 07-2014 2. RFP #2014-02 3. RFP #2014-03 4. Selection Matrix with Final Rankings for RFP #2014-03 Financial Impact: $1,000 combined yearly Franchise Fee. /,C) Reviewed by Finance Director: John DeLeo Date: g The City Manager recommends that City Counciflake the following actions: Award contract for Commercial Recreational Franchise for provision of Ka ak/Paddleboard Eco tours, lessons and rentals to A1A Management LLC (DBA: City Council Meeting Date: 9/16/2014 Item No. Page 2 of 2 Al Beach Rentals) at Banana River Park; Award contract for Commercial Recreational Franchise for Provision of Surf Instruction at the sand and beach areas within the boundaries of Johnson Avenue to the south and Jefferson Avenue to the north, to Sandy Beach Surfing, LLC.; and authorize the City Manager to sign contract for the same. Approved by City Manager: David L. Greene t9`dW Date: City Council Action: [ ] Approved as Recommended [ ] Disap roved [ ] Approved with Modifications Tabled to Time Certain Attachment 1 ORDINANCE NO. 07-2014 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 54, PARKS AND RECREATION, OF THE CODE OF ORDINANCES; PROVIDING A DEFINITION OF CITY PARKS; PROVIDING PROCEDURES FOR THE NAMING OF CITY PARKS; PROVIDING RULES AND REGULATIONS FOR CITY PARKS; AUTHORIZING THE CITY COUNCIL TO AWARD CERTAIN FRANCHISES FOR SURF, PADDLEBOARD AND KAYAK INSTRUCTION BY COMPETITIVE BID PURSUANT TO CERTAIN REQUIREMENTS AND RESTRICTIONS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; WHEREAS, the overall goal of the Recreation and Open Space Element of the City's Comprehensive Plan is to assure that citizens of all ages who reside in Cape Canaveral are provided with a system of facilities and programs to meet their needs for active and passive recreation; see Goal R-1, Recreation and Open Space Element, City of Cape Canaveral Comprehensive Plan; WHEREAS, the City Council desires to establish and maintain a consistent approach and procedure to naming City parks and recreational facilities; WHEREAS, the City desires to adopt rules and regulations to provide for the safe enjoyment of the City's parks and recreational facilities; WHEREAS, at the time the City of Cape Canaveral was incorporated in 1963, its City Charter provided that the use of the ocean beach for public recreational purposes was paramount to its use for any other purpose; see Ch. 63-1197, Article II, § 1(9), Laws of Fla.; WHEREAS, consistent with this Charter provision, the City has traditionally restricted any commercial activities from occurring on its beaches; WHEREAS, the City has permitted limited commercial vending activities on its beaches in an effort to enhance and improve the experience of beach -goers since approximately 2010; WHEREAS, the safety, welfare and convenience of the persons who reside near the beaches and riverfront parks of the City of Cape Canaveral and of the public who recreate on the beaches and riverfront parks are of the utmost importance to the City and to the City Council; WHEREAS, it is the intent of this Ordinance to allow additional limited commercial recreational activities at City beaches and riverfront parks provided such activities do not adversely affect the safety, welfare and convenience of persons who reside near beaches and riverfront parks, and of the public who recreate at the beaches and riverfront parks; City of Cape Canaveral Ordinance No. 07-2014 Page 1 of 13 WHEREAS, the City Council desires to permit limited commercial recreational beach and riverfront park activities by franchise agreement pursuant to the conditions and limitations set forth herein; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Amendment to Chapter 54. Chapter 54, Parks and Recreation, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and wilteev type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of text existing in Chapter 54. It is intended that the text in Chapter 54 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): Sec. 54-1. Definition of City Park. "City Park" means land owned or maintained by the City of Cape Canaveral and which is designated as a public park or public recreational area by the City's Comprehensive Plan (Recreation and Open Space Element). by a resolution adopted by the city council, or by dedication that has been accepted by the city council. Included in the definition of the term "City Park" are the city's special use facilities and all natural resources, wildlife, facilities, improvements, waters and materials in, on or under the lands so designated. Sec. 54-2. Procedures for Namina of City Parks. Parli hours, Lal Intent and Purpose: Findings. The intent and vurpose of this section is to establish a uniform method and procedure to assist the city council in naming certain City Parks. The city council hereby finds that the authority to name City Parks is solely vested in the city council. Nothing herein City of Cape Canaveral Ordinance No. 07-2014 Page 2 of 13 .. .. .. ....-Mr.-W,.. S .. .. ... Y.00 . 1 ..im 11 /1 Lal Intent and Purpose: Findings. The intent and vurpose of this section is to establish a uniform method and procedure to assist the city council in naming certain City Parks. The city council hereby finds that the authority to name City Parks is solely vested in the city council. Nothing herein City of Cape Canaveral Ordinance No. 07-2014 Page 2 of 13 shall be construed as a delegation of any authority to name a City Park to any other person or entity. The naming of City Parks shall be determined in the sole and absolute discretion of the city council. b) Generally. The naming of a City Park shall be determined by the city council either (i) based on its own initiative, (ii) upon a recommendation by the director of leisure services, (iii) upon the request of any person or entity desiring to assist the city council in determining the name of any City Park, or (iv) as part of city council approval of a new land development project which consists of a new City Park pursuant to the city's land development regulations. The director of leisure services may make a recommendation to the city council based on the director's own initiative, or as part of an assistance petition as set forth below. W Naming Guidelines. When considering the naming of any City Park, the director of leisure services and city council shall consider the followine naming attributes: 1. Recognized geographic names; 2. Natural historic features,• 3. Significant historic contributions to the city, State of Florida, or United States; 4. Significant material or financial contributions to the city: 5. Persons of historic service to the city; 6. Persons of outstanding civic service to the city: and 7. Documented community support for the name. Other Factors. When considering the naming of any City Park, the director of leisure services and city council shall also consider the following other factors: 1. The cost that the naming or renaming will have on the city or any otherperson who is or could be materially affected by the name or name change: 2. Naming_proposals that promote alcohol and tobacco products or political organizations will not be considered: 3. Preference shall be given to names of long established local usage and names that lend dignity to the park or recreational facility to be named; 4 Persons currently serving on the city council or serving as an existing city employee shall not be considered: 5 Names selected shall be of enduring. honorable fame, not notoriety and shall be commensurate with the significance of the City Park: 6 Names with connotations which by contemporary community standards are derogatory or offensive shall not be considered; 7 Proliferation of the same name for different City Parks shall be avoided; City of Cape Canaveral Ordinance No. 07-2014 Page 3 of 13 8. Proliferation of multiple names for different parts of a particular City Park shall be avoided,• and 9. If the name is an individual person, whether the individual has ever been convicted of a felony. (e) Assistance Petitions. Any person or entice wishing to assist the city council in determining the name of a City Park shall submit an assistance petition to the director of leisure services for evaluation and a recommendation by the director. The petition shall be in writing and shall demonstrate the basis on which the petitioner believes the naming request satisfies the naming guidelines and other factors set forth in subsections (c) and (d) and demonstrate that requisite minimum community support has been obtained by the petitioner pursuant to subsection (fl. Upon receipt of duly submitted assistance petition, the director shall make a recommendation to the city council either for approval or disapproval of the assistance petition. LQ Minimum Community Sunnort for Assistance Petitions. Each assistance petition submitted to the director pursuant to subsection (e) shall be accompanied by petition signatures that demonstrate minimum community support. Minimum community support is demonstrated if an assistance petition is signed by at least five percent (5%) of the residents of Cane Canaveral based on the last officially reported population statistics maintained by the ci No assistance petition shall be processed by the city manager unless said petition has the minimum number of signatures required by this subsection. Sec. 54-3. Reserved. Open fires rwqtWeted IIMII�XIiI� /IIII�IOA�AU�lAN1�NII�MrF9f�IM�MIIiM'IN iI�W111pMMYWW91MwNN�IiUWAMIIIY]RIiMiNIN7Ml �IA�IIIA111MA�1�lN+1111111 Sec. 54-5. Commercial beach vendor franchises. rr* (b) Award of franchise. All franchises granted hereunder shall be awarded by the city council through the submission and consideration of competitive bids pursuant to all applicable laws and policies. Franchises shall not exceed a term of-twee-yeefs five years with an optional one year renewal provided both parties ageeand no more than two franchises shall be in effect at any given time. A map of the approved franchise area will be provided to the franchisee and a copy kept by the director of leisure services. In considering any bids submitted for a franchise under this section, the city council shall consider the following criteria in addition to any criteria included in the bid specifications: City of Cape Canaveral Ordinance No. 07-2014 Page 4 of 13 Sec. 54-6. Commercial recreational franchises, (a) Authority. The city council may enter into franchise agreements granting the right, privilege and franchise to use the sand beach areas and riverfront parks within the city's jurisdictional boundaries to provide individual or group surfing, paddleboarding or kayaking instruction to the public. Said franchise ag eements shall be for the purpose of a particular person or entity operating a commercial surf, paddleboard, or kayak business in the city in conformity with, and subject to, all provisions, terms and conditions of section 54-5. except as explicitly set forth below in subsection (b). A person's or entity's right to use the city's beaches and riverfront parks for the franchise pMoses stated herein shall not be exclusive and the city reserves the right to ¢rant the use of its beaches and riverfront parks to any person at any time during the period of any franchise awarded pursuant to this article. (b) Notwithstanding that all provisions, terms and conditions of section 54-5 shall apply to all franchises grantedpursuant to this section 54-6, the following additional provisions shall apply to all franchises for surf, paddleboard or kayak instruction franchises: (1) Individual or group surf, paddleboard, or kayak lessons may be held at the city's beaches or riverfront parks, as authorized by the city manager or city manager's designee. (2) Franchisee shall provide the city with a detailed description of the scope of its proposed surf, paddleboard or kayak operation, including but not limited to a description of the services to be rendered, number and description of equipment or other apparatus used to provide the service, name of employee, and the proposed price of all services. (3) Food and beverage liability insurance is not required for franchises authorized pursuant to this section 54-6. All other insurance requirements set forth in section 54-5 shall apply to franchises authorized pursuant to this section. (4) Surf instruction is only authorized between the hours of 8:00 a.m. and 5 p.m. daily. (5) Paddleboard or kayak instruction held at a riverfront park is authorized only during the park's posted operating hours. (6) The franchisee must display prices for all services rendered. Sec. 54-7. Hours of operation and general use of City Parks. (a) All City Parks shall be closed during the evening time period from dusk (sunset) to dawn (sunrise) unless otherwise provided for herein. Signs stating_ park hours shall be posted prominently in each City Park. (b) Programs or events sponsored or approved by the city or for which the city has issued a permit shall be permitted to use the City Park duringsuch uch program or event for the period of time approved by the city. (c) The city council by resolution or the city manager by administrative rule may adopt more restrictive or extended hours for any particular City Park on a case-by-case basis if legitimate imate circumstances warrant hours of operation different than those set forth in subparagraph (a) of this section. (d) The city council or the city manager may close any City Park as deemed appropriate in the event of an emergency or an imminent threat to the public health, safety or welfare. City of Cape Canaveral Ordinance No. 07-2014 Page 5of13 (e) Persons using any City Park do so at their own risk. (f) Adults are responsible for children who they bring to a City Park or who are otherwise under their care, custody or control. Sec. 54-8. — Traffic. (a) The State Uniform Traffic Control Laws, chapter 316, Florida Statutes, are incorporated by reference and made part of this article and shall apply to the operation of all motor vehicles, as defined in chapter 316, on streets and roads in all City Park(s), unless modified herein. Law enforcement officers and city employees are hereby authorized to direct traffic whenever necessary within the Cijy Park(s). (b) It is unlawful to operate, drive or park any motor vehicle or other vehicle upon any road, drivewav, path, trail, parking area, or other area within a City Park except when the area has been marked, permitted or approved for such activity or activities either by permanent signage or markings or when permitted by the city in the course of apublic event or activity. (c) It is unlawful to cause any vehicle for hire to stand upon any part of a City Park for the purpose of soliciting passengers. (d) Pursuant to Section 316.008(1)(e), Florida Statutes, which authorizes the city to establish speed limits on city streets in public parks, it is unlawful to drive a vehicle at a rate of speed exceeding ten miles per hour in any Cijy Park unless the city has posted a greater speed limit. (e) It is unlawful to enter or exit from any City Park in any vehicle except at entrances and exits designated for such purpose by the city. (fl It is unlawful to leave a vehicle standing or parked in established parking areas or elsewhere in a City Park during hours when the City Park is closed. Sec. 54-9. - Pollution and litter. (a) It is unlawful to throw or place or cause to be thrown or placed, any litter, dirt, filth, or foreign matter into the waters of any ocean, lake, pond, canal, pool, river, creek, inlet, tank or reservoir in any City Park or on the grounds of any City Park. (b) It is unlawful to cause any pollutant, as defined in section 206.9925 or section 376.031. Florida Statutes, to be placed in or to otherwise pollute the lands or waters of a City Park. Sec. 54-10. - Removal of natural resources. (aa) It is unlawful to remove any beach sand, whether submerged or not, any soil, rock, stones, plants, trees, shrubs, wood. flora, fauna or their materials from the City Park unless issued a general or specific permit to do so by the city for the purposes of educational activities or good husbandry. (b) It is unlawful to cause or make any excavation by tools, equipment, blasting or other means or agency at a City Park unless issued a general or specific permit to do so by the city for the RgMses of educational activities or good husbandry. City of Cape Canaveral Ordinance No. 07-2014 Page 6 of 13 (c) Subsections (a) and (b) do not Mly to city or Brevard County workers or authorized contractors performing maintenance and upkeep of the City Parks at the direction or consent of the ci . Sec. 54-11. - Fireworks: destructive devices: weapons; other potentially dangerous uses (a) It is unlawful to carry, fire or discharge any explosive, or weapon as those terms are defined in section 790.001. Florida Statutes, or any fireworks, as defined in section 791 01 Florida Statutes, of any description in a City Park. However, the city council hereby expressly recognizes the state law preemption of firearms and ammunition pursuant to Section 790.33 Florida Statutes and therefore, this section shall not apply in any respects to firearms and ammunition (b) The city may authorize or issue permits for fireworks displays for city sponsored events and activities. (c) It is unlawful to carry, fire or use rockets and radio controlled planes boats cars and helicopters at a City Park unless such uses are specifically authorized or permitted by the city. Sec. 54-12. - Hunting/wildlife preservation and conservation. a) It is unlawful to harass, hunt, catch, harm, kill, trap, s_h_oot, shine lights at or throw missiles at any animal, of any type or species, in any City Park. Exception to the foregoing is made in that snakes known to be deadly poisonous may be killed on sight in self-defense. (b) It is unlawful to use nets to catch fish in any publicly owned body of water or within any Citv Park. (c) It is unlawful to catch fish for commerce within any City Park, unless otherwise permitted. (d) It is unlawful for a person to remove or have in his or her possession any wild animal, of any type or species, or the eggs or nest of young reptile or bird which is or was located in a City Park. (e) It is unlawful to introduce into or leave any wild animal in a City Park. (fl Unless direct water access is desi agn ted by city signage, or a special permit is issued, the launching of kayaks, boats or any other watercraft is prohibited in City Parks. (g) The city may issue Rermits to allow activities and actions that are otherwise contrary to the provisions of this section if the city determines that the activities and actions will be accomplished for management, scientific or husbandry purposes and are consistent with the public interest. Sec. 54-13. - Domestic and other animals. (a) It is unlawful to allow any pet or domestic animal, as defined in section 585.001 or section 823.041, Florida Statutes, under a person's care, custody or control into any City Park unless the rules Qromul ag ted by the city with regard to the particular City Park specifically authorizes such animals to be present and, in the event of such rules being promulgated, a person may act in accordance with such rules. (b) It is unlawful to abandon any domestic animal. as defined in _section 585.01 or section City of Cape Canaveral Ordinance No. 07-2014 Page 7 of 13 823.04 1. Florida Statutes, into or at a City Park. (c) It is unlawful to feed any animal at a City Park unless the rules promulgated by the city, or a permit issued by the city, with regard to the particular City Park or specific activity specifically authorizes the feeding of animals. (d) The rights of persons to use service animals (e.g. dog_guides) in accordance with the provisions of section 413.08, Florida Statutes, shall not be violated or abridged by application of the provisions of this section. Sec. 5414. - Alcoholic beverages/tobacco products: Gambling, (a) It is unlawful for a person to possess or consume any alcoholic beverage or beverages, s, as defined in section 856.015 or section 561.01. Florida Statutes, in any City Park unless authorized or permitted b the for a particular event occurring in a City Park. (b) It is unlawful for a person to consume any tobacco product in any City Park in an area that is posted or noticed as a "non-smoking/tobacco free" area or if instructed by a city emplovee that an area has been designated as a "non-smoking/tobacco free" area due to its particular usage such as playing fields and areas reserved for children. (c) It is unlawful to engage in any gambling activity or game of chance, as generally described by various names pursuant to chapter 849, Florida Statutes, or be in possession of any gambling device, as defined in section 849.231, Florida Statutes, in any City Park unless authorized by law and approved in advance by the city. Sec. 5415. - Trespass. (a) It is unlawful for a person to enter or remain in a City Park without a permit when a City Park is closed. (b) It is unlawful for a person to enter or remain in a City Park when that person's right to use the City Park has been suspended by the city pursuant to Section 54-25 of this article. (c) It is unlawful for a person to enter or remain in any secure or locked area or building in a City Park that is not intended to be open to the public. (d) It is unlawful for a person to enter or remain in a City Park when ordered to leave the City Park by any law enforcement officer or city or Brevard County employee who has been authorized to communicate an order to leave a City Park. (e) It is unlawful for a person to enter or remain in a City Park when that person is prohibited by law or court order to be in a City Park. ()Any person violating the provisions of this section shall be subject to the civil penalties provided under this article and criminal penalties provided by applicable trespass laws including, but not limited to, section 810.09, Florida Statutes. Sec. 5416. - Fires. It is unlawful to ignite set or maintain any fire in a City Park unless such fire is within an area City of Cape Canaveral Ordinance No. 07-2014 Page 8 of 13 designated by the city for fires by signage and postings displayed at the City Park Included in this prohibition are activities such as the use of portable cooking equipment of whatever type or nature. Any fire authorized by this section shall be continuously under the care and direction of a competent person from the time it is ignited until it is extinguished. Sec. 54-17. — Sleepin¢ and campine. The provisions of section 504 of the city code shall apply to sleeping and camping in all City Parks. Sec. 5418. - Noise and other conduct. (a) It is unlawful to play any musical instrument or audio amplification system or engage in any activity in such a manner as creates a nuisance or disturbance in a City Park. (b) It is unlawful to use abusive, threatening, offensive, profane, obscene or foul language or engage in any disorderly conduct or behavior tending to breach the public peace in any City Park. (c) It is unlawful to use golf clubs within a City Park unless the City Park is designated and authorized for use as a city public golf course, putting_green or driving range. Otherwise, the open possession of a golf club with intent to use it within a City Park shall be rebuttablypresumed to be a violation of this section. (d) It is unlawful to take into, cam through, or put into any City Park, any rubbish, refuse, garbage or other waste ("waste"). Such waste shall be deposited in receptacles so provided by the city. Where receptacles are not provided, all such waste shall be carried away from the City Park by the person responsible for its presence and properly disposed of elsewhere. (e) It is unlawful to urinate or defecate, or otherwise dispose of human waste, in a City Park except in a designated portable or permanent restroom. Sec. 5419. - Peddlin0distribution of materials. It is unlawful to engage in anv commercial activity for anv consideration within a Citv Park without being authorized or permitted by the city. The following activities shall not be prohibited "commercial activity" pursuant to this section: (a) The sale of merchandise by the city or commercial activity pursuant to a contract between the city and a vendor that provides goods or services to the patrons of the City Park. (b) Solicitation and collection of funds or the sale of merchandise or printed material by groups and organizations for the benefit of any charitable institution or organization as defined in & 501(c)(3) of the Internal Revenue Code of the United States or for the benefit of progams and/or projects sponsored by the city: provided, however, any solicitation and collection requiring tents, tables, or any other facility to be installed, erected or parked at the City Park shall require prior authorization and permit from the city. (c) The solicitation of membersh R or the collection of dues from members of arg_oup or organization that inure to the benefit of that organization, in accordance with a program or league registered with the city to use the City Park where the solicitation or collection occurs. City of Cape Canaveral Ordinance No. 07-2014 Page 9 of 13 (d) Contact between a salesperson and an individual group or organization using the City Park where the salesperson was invited by the individual, group or organization involved for his or her or its benefit and not to involve persons not associated with the individual group or organization Sec. 54-20. - Injuring, interfering with, etc., buildings and other property. It is unlawful to mark, deface, disfigure, iniure, tamper with, displace or remove anv buildin bridge. table, bench, fireplace, railing, gaving orpaving material waterline or other public utility or part or appurtenance thereof, sian, notice, or placard monument stake post or other structure yuipment or any facilities, property or appurtenances whatsoever, whether temporary or permanent, located at a City Park. Sec. 5421. - Interference with personnel/park operations. (a) It is unlawful to interfere with, hinder, or oppose any law enforcement officer or city or Brevard County personnel in the discharge of his or her duties or with the enforcement of this article. (b) It is unlawful to interfere with the operations of a City Park by gathering in groups that are not engaged in bona fide recreational activities consistent with the facilities of the City Park and any permit issued by the city. Sec. 54-22. — Glass Containers. The use of glass containers of any kind in any City Park is prohibited unless such use is in an area where the use of glass containers has been authorized by the city. Sec. 5423. — Airsoft and Paintball Guns: BB Guns. The use of airsoft (plastic pellets) guns, paintball guns, vaintball markers, and paintball equipment within City Parks is prohibited unless the city has specifically designated an area for the use of this equipment. Paintball equipment includes, but is not limited to: paint balls, paint gun refillable gas tanks, paint g_un propellant canisters, and targets. Nothing contained in this section is intended to regulate or apply to firearms and ammunition which are preempted by state law. Sec. 54-24. - Promulgation of rules; City Fees; Preexisting Rules; Conflicts with Rules; Enforcement and Penalties. (a) The city manager is hereby authorized to adopt administrative rules supplemental to, and consistent with, the provisions of this article that he or she deems necessary and appropriate to implement the provisions of this article relative to the use of City Parks and the violation of such rules shall constitute a violation of this article. (b) The provisions of this Article and the rules adopted by the city shall be maintained on file at city hall and at the leisure services department office for public inspection and copying, c) A general condition of each permit to use a City Park is that the permittee shall abide by and adhere to the provisions of this article and the rules promulgated by the city, except as may be otherwise specifically RgMitted by the city by means of a permit issued for a specific event or City of Cape Canaveral Ordinance No. 07-2014 Page 10 of 13 activi . (d) The city manager or authorized designee shall regularly review, or cause to be reviewed the use of and conditions within each City Park in order to reasonably mitigate against potential public liability relating to City Parks. (e) The city manager or authorized designee shall re ug laxly review, or cause to be reviewed, the use and condition of each City Park to ensure compliance with the Americans With Disabilities Act and other laws, rules and regulations where applicable. (f) Fees. The city council may establish by resolution or written agreement with a specific user of a City Park a fee schedule for the use of City Parks. (g) Preexisting Rules. All rules reug lating City Parks adopted by the city vrior to the enactment of this Article on June 17, 2014 shall remain in full force and effect unless in conflict with any provision of this Article. (h) Conflicts with Rules. The provisions of this Article shall prevail over any preexisting or subsequently adopted conflicting ci!y rule re ug 1�g City Parks. (i) Enforcement. generally. City.law enforcement and code enforcement officers, the director of leisure services or authorized designee, and the city manager or authorized designee shall be responsible for enforcing the provisions of this Article, and shall have the authority to order any person or persons acting in violation of this Article to leave the City Park. It is unlawful for a person to remain in the City Park when the person is asked to leave the City Park by a city official pursuant to this section. Initiation of Code enforcement. City law enforcement and code enforcement shall be responsible for initiating any code enforcement proceedings regarding a violation of this article. (k) Penalties. The enforcement and penalty provisions set forth in this article are not intended to be exclusive enforcement remedies. Nothing contained herein shall be construed to limit law enforcement and the city from enforcing the provisions of this article by any other lawful means. 54-25. — Susyension of Use of City Park. a) The suspension provisions set forth in this section are a management tool independent of any other enforcement tool referenced under this article for the purpose of managing the City Parks for the common welfare and safety of all City Park Qatrons and preservation of all City Park facilities. The intent and purpose of this section is to ensure compliance with this article and to protect the public health safety, and welfare of City Park patrons. S pension of a person's privilege to use City Parks or facilities therein are intended to occur only when that person has demonstrated an inability to comply with the provisions set forth in this article or has engaged in certain illegal or violent behavior in a City Park in violation of the law. (b) A person's privilege to use a City Park or any_facility therein ma by a suspended by ciri law enforcement or the city's director of leisure services when the person has been found guilty of violating any provision of this article on more than two occasions within a three (3) year period For purposes of this section the term " ug_ilty" shall include a plea of nolo contendere, voluntary payment of a citation issued in accordance with this article, or an adjudication of guilt by a court of law or code enforcement board. The first suspension shall be for a period of up to City of Cape Canaveral Ordinance No. 07-2014 Page 11 of 13 ninety (90) days, and each additional suspension thereafter, the suspension period shall be for un to ninety (90) days per applicable offense, not to exceed two (2) consecutive years for any one suspension. (c) A person's privilege to use a City Park or My_facilily therein may be suspended by city law enforcement or the City's director of leisure services when a person is cited for a violation of 54-15 (b), (d) or (e) for certain trespass cases, or 54-21 for interfering with personnel. Suspension for a first offense shall be for thiMdadayss. plus an additional sixty days for every other similar offense, not to exceed two consecutive years for any one suspension. (d) A person's privilege to use a City Park or any facility therein may be suspended for up to two consecutive years by city law enforcement for each incident in which that person has been charged with committing a violent criminal offense in a City Park including, but not limited to, breach of peace under section 870.03, Florida Statutes, affrays and riots under section 870.01; aggravated battery under section 784.045, Florida Statutes, and resisting an officer with violence under section 843.01, Florida Statutes. (e) A person's privilege to use a City Park or any facility therein may be suspended for up to two consecutive years by city law enforcement for each incident in which that person has been charged with engaging in or allowing in a City Park the possession, use or sale of controlled substances as that term is defined in section 893.03 Florida Statutes in violation of law. (f) A person's privilege to use a City Park or any facility therein may be suspended for yp to two consecutive years by city law enforcement for each incident in which that person has been charged with engaging in or allowing prostitution in a City Park. (g) A person's privilege to use a City Park or any facility therein may be suspended by city law enforcement or director of leisure services for fees that are past due more than one hundred and twenty (120) days and which are imposed pursuant to this article or pursuant to a citation imposed for violating the provisions of this article. However, any suspension imposed under this subsection shall immediately expire at such time the fees are paid. (h) Any suspension order issued in accordance with this section shall be in writing and shall state the name and address of the person who is subiect to the suspension, the cause of the suspension, the duration of the suspension including the effective and expiration date of the suspension, and the City Parks or any facility subiect to the suspension. The order shall also state that the person shall have the right to appeal the suspension to the city manager by delivering written notice of appeal to the city manager within three (3) business days of the receipt of the order. The notice of the appeal shall state the grounds for the appeal. The city manager shall set the time and place for hearingsuch uch appeal, and notice of the time and place shall be given at least five (5) calendar days prior to the date set for the hearing. The hearing shall occur no later than ten (10) days after the date the appeal notice is received by the city. Failure to timely file an appeal of a suspension order shall constitute a waiver of the person's right to an appeal and the order shall be deemed final. (i) The city manager shall adopt rules and procedures for conducting a fair and impartial hearing to determine compliance with the provisions of this section. All decisions of the city manager under this section shall be deemed final and shall be subiect to appeal to a court of competent jurisdiction. (i) When a suspension may be ordered uQto a maximum number of days under this section, City of Cape Canaveral Ordinance No. 07-2014 Page 12 of 13 the city shall consider the following factors when determining the length of the suspension: (1) the gravity of the violation: (2) the potential or actual harm or danger the violation had or caused on other patrons or facilities of the City Park, and (3) any mitigating circumstances. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City council, or parts of ordinances and resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance and all Exhibits hereto shall be incorporated into the City of Cape Canaveral City Code and any section or paragraph, number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and like errors may be corrected and additions, alterations and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section b. Effective Date. This Ordinance shall become effective immediately upon adoption by the City council of the City_o£ yearAl, Florida. ADOPT b`by the ity. c is 1, of the City of Cape Canaveral, Florida this 17th day of June, 2014. s ROCKY RAN LS, Mayor For Against ATTEST G'�`�,:' .��v`���= � y John Bond Second ..mow.., Bob Hoog Motion ANGELA APPERSON, City Clerk Buzz Petsos Rocky Randels X Betty Walsh X First Reading: May 20, 2014 Legal Ad published: May 29, 2014 Second Reading: June 17, 2014 ApprovedA to legal form and sufficiency for the Cape Canaveral only by: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 07-2014 Page 13 of 13 Attachment 2 City of Cape Canaveral REQUEST FOR PROPOSAL COMMERCIAL SURF SCHOOL FRANCHISE LEISURE SERVICES DEPARTMENT INTRODUCTION: The City of Cape Canaveral ("City") is located on a barrier island along the Atlantic Ocean approximately midpoint between Miami and Jacksonville and is slightly over 50 miles east of Orlando. This 1.9 square -mile beach and coastal community is bounded on the west by the Banana River Aquatic Preserve, on the north by Port Canaveral, on the east by the Atlantic Ocean, and on the south by the City of Cocoa Beach. This location also means that the community is an integral part of the retirement -resort -vacation -recreation complex of the central beaches area of Brevard County. PURPOSE: The City is seeking proposals from qualified firms or individuals ("Proposers" or "Vendors") to operate a Commercial Surf School Franchise for the City's Leisure Services Department in accordance with the terms, conditions and specifications contained in this Request for Proposal ("RFP"). APPLICATION: The City may enter into a Franchise Agreement granting the right and privilege to use the sand beach areas within the City's jurisdictional boundaries to provide individual and group surf lessons to the general public. Said Franchise Agreement shall be for the purpose of a Vendor operating a Commercial Surf School Franchise business in the City in conformity with, and subject to, all provisions, terms and conditions of this RFP and City Code. A Vendor's right to use the City's beaches for the franchise purposes stated herein shall not be exclusive and the City reserves the absolute right to grant or deny the use of its beaches to any person at any time during the period of any franchise awarded. RFP DUE DATE: Proposers must submit an identified "original copy" plus three (3) copies of the proposal (including any attachments) no later than August 22, 2014 at 3:00 p.m. to the City Clerk's Office located at 105 Polk Avenue, Cape Canaveral, Florida 32920. The proposal shall be in a sealed envelope clearly marked "Commercial Surf School Franchise — RFP #2014-02". The official time shall be that marked by the City Clerk's Office. Only paper submittals shall be accepted. Electronic or fax submittals shall not be accepted. Page 1 of 19 RFP SCHEDULE: The proposed RFP schedule is as follows: Release RFP 7/24/2014 Last date for receipt of written questions 8/21/2014 Proposal due date 8/22/2014 (prior to 3:00 pm) Selection Committee review and ranking deadline 8/29/2014 Intended date for contract award 9/16/2014* *Dates indicated are tentative and may be changed by the City. QUALIFICATIONS/INSPECTION: Proposals shall only be considered from Proposers normally engaged in providing the types of services specified herein. The City reserves the right to inspect each Proposer's facilities, equipment, personnel and organization at any time, or to take any other action necessary to determine the Proposer's ability to perform. The City reserves the absolute right to reject proposals in its sole discretion where evidence or evaluation is determined to indicate the inability of proposers to perform the required tasks. The Vendor conducting surf instruction activities on City beaches shall be subject to a background check. The City may refuse to award a franchise or may terminate an existing franchise in the event any principal or any person conducting surf instruction activities on City beaches has been convicted of a felony within the past five (5) years. LICENSES/PERMITS/INSURANCE REQUIREMENTS: The selected Vendor shall obtain and provide proof of all pertinent licenses, permits and insurance required to conduct business as a Vendor in the City. Insurance coverage is to remain in force at all times during the contract period. The City is to be named as "additional insured" with relation to general liability insurance. PROHIBITION OF INTEREST: No contract shall be awarded to a Proposer having an affiliation with City elected officials, officers or employees unless the Proposer has fully disclosed such affiliation and complied with current Florida State Statutes and related City ordinances. Proposers must disclose any such affiliation during the selection process. Failure to disclose any such affiliation shall result in disqualification of the Proposer, removal from the City's approved vendor lists, and prohibition from engaging in any business with the City. RFP DOCUMENTS: All Proposers shall examine this RFP carefully. Failure to adequately review the requirements shall not relieve a successful Proposer from liability and obligation under any contract. CONTRACT: The initial contract term shall commence upon date of award by the City and shall expire three years from that date. The City reserves the right to extend the contract for additional, one (1) year terms providing all terms, conditions and specifications remain the same, both parties agree to the extension and such extension is approved by the City. Vendor agrees and understands that the contract shall not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services at its sole option. A proposed Vendor Agreement is included as Attachment #1. NEWS RELEASES/PUBLICITY: News releases, publicity releases or advertisements relating to any contract shall not be made without prior City approval. PROPOSER'S COSTS: The City shall not be liable for any costs incurred by proposers in responding to this RFP. Page 2 of 19 RULES AND PROPOSALS: The signer of the proposal must declare that the only person(s), company or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person(s), company or parties submitting a proposal; that it is in all respects fair and in good faith, without collusion or fraud; and that the signer of the proposal has full authority to bind the principal Proposer. The City reserves the right to reject any or all proposals, waive minor informalities or award to/negotiate with firms whose submittals best serve the interests of the City. DAYS, HOURS AND LOCATION OF OPERATION: Surf instruction by the selected Vendor shall only be authorized between the hours of 8:00 a.m. — 5:00 p.m. daily including weekends and holidays. The successful Vendor shall have operational rights of the assigned beach area seven (7) days per week. The City reserves the absolute right to revoke the contract if the selected Vendor does not adhere to the Operating Regulations. OPERATING REGULATIONS: Operating regulations for the selected Vendor are as follows: 1. All City, County and State laws and regulations relating to the operational use of the City's assigned beachfront areas shall be adhered to by the Vendor, his/her representatives and employees. 2. The Vendor shall conduct his/her operation and provide contracted services in such a manner as to maintain reasonable quiet and minimize disturbance to the general public and shall adhere to all requirements of City Code, including but not limited to Chapter 54 and City Ordinance No. 14-2010. 3. The security for all property, equipment and supplies owned and provided by the Vendor shall remain the responsibility of the Vendor. Costs relating to the repair or replacement of such items, stolen, lost or damaged shall be at the sole cost and expense of the Vendor. 4. The Vendor shall be responsible for all damage to City property or the City beachfront caused by the Vendor or his/her employees or agents. Any such damage shall be corrected to the City's satisfaction at the sole cost and expense of the Vendor. 5. The Vendor shall provide a list of all proposed services and unit prices and shall not sell or provide anything other than that which he/she is licensed to provide. 6. The Vendor shall not leave any location without first picking up, removing and disposing of all trash, materials or refuse remaining from services provided by him/her in the conduct of his/her operation. 7. The Vendor's property shall not be left unattended at any time — there shall be no overnight storage of any type on the beach. In addition, commercial surf school operations shall be prohibited within the following areas: a. Within conservation areas, dunes or other protected zones. b. Within beach parking areas. c. Within pedestrian beach approaches (crossovers). d. Within 25 feet of any lifeguard tower or facility. SEA TURTLES: The Vendor acknowledges that marine turtle nesting activity may be ongoing between the period of March 1 and October 31, or as determined by the State of Florida and its departments/agencies each year. It is the responsibility of the Vendor to abide by any order issued by the State of Florida and/or cooperate with Brevard County to ensure that nesting surveys may be conducted in accordance with the conditions set forth by the State. If the Vendor or his/her staff sees someone Page 3 of 19 harassing a sea turtle or poaching a nest, the Vendor shall immediately call the Florida Fish and Wildlife Conservation Commission at 1-888-404-3922. DESCRIPTION OF SERVICES: The proposer shall provide the City with a detailed description of the scope of his/her proposed surf school operation including, but not limited to, a description of services to be rendered; an operations schedule including proposed days of operation; number and description of temporary shelters or other equipment used to store or transport instructional materials; and the proposed prices of all services. FRANCHISE FEES: A franchise fee of $500 shall be payable by the operator to the City upon the contract execution and annually each year thereafter, including but not limited to renewal years, if applicable. SECURITY: Security of all equipment shall be the responsibility of the operator. Equipment must be removed in the event of weather related danger (i.e., hurricane watch or warning) or at any other time the City determines the need for removal. SERVICE TEST PERIOD: If the Vendor has not previously performed services for the City, the City reserves the right to require a test period to determine if the Vendor can perform in accordance with the requirements of the contract, and to the City's satisfaction. Such test period can be from thirty (30) to ninety (90) days, and shall be conducted under all specifications, terms and conditions contained in the contract. VENDOR PERFORMANCE REVIEWS AND RATINGS: The City shall develop a Vendor Performance Evaluation Report. This Report shall be used to periodically review and rate the Vendor's performance under the contract with performance ratings as follows: Excellent Far exceeds requirements. Good Exceeds requirements. Fair Just meets requirements. Poor Does not meet all requirements and Vendor is subject to possible termination. Noncompliance Either continued poor performance after notice or a performance level that does not meet a significant portion of the requirements. This rating makes the Vendor subject to the default or cancellation for cause provisions of the contract. The Report shall also list all discrepancies found during the review period. The Vendor shall be provided with a copy of the Report, and may respond in writing if he/she takes exception to it or wishes to comment. Vendor reviews and subsequent Reports shall be used in determining the suitability of contract extension. ADMINISTRATIVE SERVICES: Personnel services provided by the Vendor shall be by employees of the Vendor and subject to supervision by the Vendor, and not as officers, employees or agents of the City. Personnel policies, tax responsibilities, social security, health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under any contract shall be those of the Vendor. The Vendor must also maintain a Drug -Free Workplace Program. The City's program requirements are included on Attachment #2; this form must be included with each proposal. Page 4 of 19 SUBCONTRACTORS: Subcontractors shall not be permitted under this contract. DAMAGE TO PUBLIC OR PRIVATE PROPERTY: Damage to public and/or private property as a result of Vendor operations shall be the responsibility of the Vendor and shall be repaired and/or replaced at no cost to the City. INSURANCE: 1. Insurance Requirements: Upon award, the Vendor shall obtain and furnish to the City, prior to the contract being effective, Certificates of Insurance approved by the City. All insurance policies shall be with insurers with an acceptable rating, registered and licensed to do business in the State of Florida. The Vendor shall name the City as an additional named insured with the following minimum coverages: Worker's Compensation: Is required in accordance with the applicable provisions of Florida Law. b. Comprehensive General Liability Insurance: Shall be maintained by the Vendor with minimum limits not less than the following: $1,000,000 Bodily Injury and Property Damage — each occurrence $1,000,000 Personal and Advertising Injury — each occurrence $2,000,000 General Aggregate $2,000,000 Products/Completed Operations Aggregated Limit $ 5,000 Medical Payment $ 100,000 Fire Damage Legal Liability Coverage shall include contractual liability and Vendor's liability c. Automobile Liability Insurance: Shall be maintained by the Vendor with a combined single limit of not less than $1,000,000 bodily injury and property damage in accordance with the laws of the State of Florida, as to the ownership, maintenance and use of all owned, non - owned, leased or hired vehicles. Upon request, the above requirements may be reduced in the final contract at the City's sole discretion. NOTICES: All notices and franchise fee payments shall be sent to the parties at the following address: City of Cape Canaveral Leisure Services Department P.O. Box 326 Cape Canaveral, FL 32920 Page 5 of 19 PROPOSAL: The following shall be fully addressed in the proposal: 1. Statement of Qualifications: Provide a statement of understanding of the critical issues and opportunities associated with the proposed services and how the Proposer is uniquely qualified to assist the City in this effort. 2. Preliminary Scope of Services: Provide an outline detailing the approach and concept of the surf instruction service and a proposed scope of services to demonstrate an understanding of the service. 3. Operations Schedule: Provide an operations schedule including proposed days and hours of services to provide surf lessons. 4. Surf School Appearance: Provide a color photograph that includes all temporary structures to include promotional signage and equipment that will be on site. 5. Uniform/apparel: Provide a color photograph of the instructor's uniform/apparel. 6. Services Offered: Provide a list of all proposed services rendered and unit prices. 7. Experience: State and document the number of years of experience the Proposer has had in providing similar services. List clients for whom services have been provided in the last three years. Provide client names, addresses, telephone numbers, client contacts, e-mail addresses and dates that the services were provided. 8. Employees: Provide proof that the business has sufficient employees to provide coverage at the onset of the contract. List those persons who may have a management position and will be working with the City - list the names, titles or positions and the project duties. The city permits a maximum ratio of 5 students per 1 instructor. 9. Permits/Licenses: Provide copies of all County, State and City permits and licenses. CONSIDERATION FOR AWARD/AWARD PROCEDURES: The award of the contract shall be based on certain objectives and subjective considerations, and shall be based upon an evaluation point system as follows: Hours of operation: 0 to 10 points Services offered: 0 to 10 points Instruction experience/business references: 0 to 15 points School equipment appearance: 0 to 15 points Employee uniform/apparel appearance: 0 to 10 points Licenses/permits: 0 to 10 points Local Preference: 0 to 10 points The evaluation of proposals shall be conducted by a Selection Committee of City Staff. The Committee shall score and rank all responsive proposals and determine a minimum of three (3) Proposers to be finalists for further consideration. In the event there are less than three (3) responsive proposals, the Committee shall give further consideration to all responsive proposals received. If necessary, the Committee shall then conduct interviews, for clarification purposes only, with the finalists and re -score the proposals. The Committee shall then make a recommendation to the Cape Canaveral City Council for award. Page 6 of 19 Proposers or finalists may be required to provide an oral presentation by appearing before the Selection Committee. The City may also require additional information and Proposers shall agree to furnish such information. The City reserves the absolute right in its sole discretion to award the contract to the Vendor who shall best serve the interests of the City. The City reserves this right, based upon its deliberations and in its opinion, to accept or reject any or all proposals. The City also reserves the absolute right to waive minor irregularities or variations to the specifications in the proposal process. STANDARD TERMS AND CONDITIONS: Acceptance and Rejection: The City reserves the absolute right to accept or reject any and all Proposals and to accept the Proposal which best serves the interests of the City of Cape Canaveral. The City may award sections individually or collectively, whichever is in its best interest, unless the Vendor only intends to propose for the contract in its entirety. Conflict: In the event that a conflict arises as to the contents of the RFP and the Agreement, the Agreement shall govern. Economy of Preparation: The Proposals should provide a straightforward, concise description of the Vendor's ability to fulfill the requirements of the Proposal. Indemnification and Hold Harmless: By submitting a response document signed by an authorized agent of the Vendor, the Vendor acknowledges and accepts the terms and conditions of the following indemnification statement in the event of award: "For all Services performed pursuant to this Agreement, the Vendor agrees to the fullest extent permitted by law, to indemnify and hold harmless the City and its employees, officers, and attorneys from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorney's fees), directly or indirectly arising from the negligent acts, errors, omissions, intentional or otherwise, arising out of or resulting from Vendor's performance of any Services provided pursuant to this Agreement. The indemnification provided above shall obligate the Vendor to defend at his/her own expense or to provide for such defense, at the option of the City, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against the City or its employees, officers and attorneys which may result from the Services under this Agreement whether the Services be performed by the Vendor or anyone directly or indirectly employed by them. In all events, the City shall be permitted to choose legal counsel of its sole choice, the fees for which shall be reasonable and subject to and included with this indemnification provided herein. This paragraph shall survive termination of this Agreement." Page 7 of 19 Informalities: The City of Cape Canaveral reserves the absolute right to both waive any minor informality in Proposals and to determine, in its sole discretion, whether or not the informality is minor. Information: Vendors are to furnish all information requested. Failure to do so may be cause for rejection. Interpretations: Any questions concerning conditions and specifications shall be directed to the City Manager or City Manager's designee. Interpretations that may affect the eventual outcome of this Proposal will be furnished in writing to all prospective Vendors. No interpretations shall be considered binding unless provided in writing by the City of Cape Canaveral. Non -Discrimination: The successful Vendor will comply with all federal and state requirements concerning fair employment and will not discriminate by reason of race, color, age, religion, sex, national origin, or physical handicap. Patents and Copyrights: The Vendor will agree to hold harmless the City of Cape Canaveral, its officers, agents, employees, and attorneys from liability from any kind, including costs and expenses, with respect to any claim, action, cost or judgment for patent or copyright infringement. Public Records: Florida law provides that municipal public records shall at all times be open for personal inspection by any person. Section 199.01, Florida Statutes. Information and materials received by the City in connection with an RFP response shall be deemed to be public records subject to public inspection upon award, recommendation for award, or ten days after proposal opening, whichever occurs first. However, certain exemptions to the public records law are statutorily provided. If the Vendor believes any of the information contained in his or her response is exempt from Florida's Public Records Law, then the Vendor must, in his or her response, specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption, otherwise, the City will treat all materials received as public records. Time for Considerations: Proposals will be irrevocable after the time and date set for the opening of Proposals and for a period of ninety (90) days thereafter. Trade Secrets: Proposers should not send trade secrets. If, however, trade secrets are claimed by a Proposer, they will not be considered as trade secrets until the City is presented with the alleged secrets together with proof that they are legally trade secrets. The City will then determine whether it agrees and consents that they are in fact trade secrets. If a Proposer fails to submit a claim of trade secrets to the City before obtaining the City's agreement, any subsequently claimed trade secrets will be treated as public records and will be provided to any person or entity making a public records request for the information. Page 8 of 19 Attachment #1 Vendor Agreement Page 9 of 19 VENDOR AGREEMENT THIS AGREEMENT is made this _ day of , 2 ("Effective Date"), by and between the CITY OF CAPE CANAVERAL, FLORIDA, a Florida municipal corporation, whose address is 105 Polk Avenue, Cape Canaveral, Florida, 32920 ("City"), and whose address is , Florida ("Vendor"). RECITALS: WHEREAS, the Vendor desires to offer ("Services") for the benefit of the public using the sand beach areas within the City's jurisdictional boundaries; and WHEREAS, the City desires to allow the Vendor to offer such Services to the public under the terms and conditions set forth in this Agreement. IN CONSIDERATION of the mutual covenants and provisions hereof, and other good, diverse and valuable considerations, the receipt and sufficiency all or which is hereby acknowledged, the parties desiring to be legally bound do hereby agree as follows: ARTICLE 1 GENERAL PROVISIONS 1.1 Engagement. The City hereby engages the Vendor for the stated fee arrangement and the Vendor agrees to perform the Services outlined in the Request for Proposal, attached hereto as EXHIBIT "A", which is fully incorporated herein by this reference. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated in this Agreement. 1.2 Due Diligence. The Vendor acknowledges that he/she has conducted an investigation prior to execution of this Agreement and satisfied himself/herself as to the conditions affecting the Services, the availability of materials and labor, the cost thereof, the requirements to obtain necessary insurance as set forth herein, and the steps necessary to complete the Services herein. The Vendor warrants unto the City that he/she has the competence and abilities to carefully and faithfully complete the Services set forth herein. The Vendor shall perform the Services with due and reasonable diligence consistent with sound professional practices. 1.3 Consultants Competitive Negotiation Act Services. The Vendor warrants unto the City that the services being performed pursuant to this Agreement do not constitute professional services as defined by Section 287.055(2) (a), Florida Statutes. Page 10 of 19 ARTICLE 2 PAYMENT TERMS 2.1 Payment Terms. Payment of $500 is due upon the contract execution and annually each year thereafter, including but not limited to renewal years, if applicable. ARTICLE 3 GENERAL CONDITIONS OF SERVICES 3.1 Provision of Services is a Private Undertaking. With regard to any and all Services performed hereunder, it is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the City and the Vendor is such that the Vendor is not an agent of the City. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the City and the Vendor during or after the performance of the Services under this Agreement. 3.2 Warranty of Services. The Vendor hereby warrants unto the City that he/she has sufficient experience to properly complete the Services specified herein or as may be performed pursuant to this Agreement. The Vendor shall comply with all laws, ordinances, rules and regulations in the performance of the Services. The Vendor shall pay all taxes, fees and license fees required by law, including but not limited to occupational fees and withholding taxes and assume all costs incident to the Services, except as provided herein. ARTICLE 4 SUBCONTRACTS; ASSIGNMENT 4.1 Assignment and Subcontracting. Unless otherwise specifically required by this Agreement, the Vendor shall not assign, sublet or transfer any rights or Services under or interest in (including, but without limitations, moneys that may become due) this Agreement without the written consent of the City, except to the extent that any assignment, sublet, or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to any assignment, no assignment shall release or discharge the assignor from any duty or responsibility under this Agreement. Further, the Vendor shall not subcontract any portion or all of the Services without the written consent of the City. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the City and the Vendor, and all duties and responsibilities undertaken pursuant to this Agreement shall be for the sole and exclusive benefit of the City and the Vendor and not for the benefit of any other party. ARTICLE 5 MISCELLANEOUS PROVISIONS 5.1 Governing Law; Venue. This Contract shall be governed by the laws of the State of Florida. Venue of all disputes shall be properly placed in Brevard County, Florida. The parties agree that Page 11 of 19 the Agreement was consummated in Brevard County, and the site of the Services is Brevard County. If any dispute concerning this Contract arises under Federal law, the venue shall be Orlando, Florida. 5.2 Notices. All notices, demands, requests, instructions, approvals, and claims shall be in writing. All notices of any type hereunder shall be given by U.S. mail or by hand delivery to an individual authorized to receive mail for the below listed individuals, all to the following individuals at the following locations: TO THE CITY: David L. Greene City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Phone (321) 868-1220 x211 FAX (321) 868-1248 TO THE VENDOR: Name: Address: Telephone: Fax: Notice shall be deemed to have been given and received on the date the notice is physically received if given by hand delivery, or if notice is given by first class U.S. Mail, then notice shall be deemed to have been given upon the date said notice was deposited in the U.S. Mail addressed in the manner set forth above. Any party hereto by giving notice in the manner set forth herein may unilaterally change the name of the person to whom notice is to be given or the address at which notice is to be received. 5.3 Public Record. It is hereby specifically agreed that any record, document, computerized information and program, audio or video tape, photograph, or other writing of the Vendor related, directly or indirectly, to this Agreement, may be deemed to be a Public Record whether in the possession or control of the City or the Vendor. Said record, document, computerized information and program, audio or video tape, photograph or other writing of the Vendor is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the City. Upon request by the City, the Vendor shall promptly supply copies of said public records to the City. All books, cards, registers, receipts, documents and other papers in connection with this Agreement shall at any and all reasonable times during the normal working hours of the Vendor be open and freely exhibited to the City for the purpose of examination and/or audit. 5.4 Amendment of Agreement. Modifications or changes in this Agreement must be in writing and executed by the parties bound to this Agreement. Page 12 of 19 5.5 Severability. If a word, sentence or paragraph herein shall be declared illegal, unenforceable or unconstitutional, the said word, sentence or paragraph shall be severed from this Contract, and this Contract shall be read as if said illegal, unenforceable or unconstitutional word, sentence or paragraph did not exist. 5.6 Attorney's Fees. Should any litigation arise concerning this Agreement between the parties hereto, the parties agree to bear their own costs and attorney's fees. 5.7 Entire Agreement. This Agreement represents the entire and integrated Agreement between the parties and supersedes all prior negotiations, representations or Agreements, either oral or written, and all such matters shall be deemed merged into this Agreement. 5.8 Sovereign Immunity. Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes or other limitations imposed on the City's potential liability under state or federal law. As such, Vendor agrees that the City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of three hundred thousand dollars ($300,000.00). ARTICLE 6 PROTECTION OF PERSONS AND PROPERTY; INSURANCE 6.1 Worker's Compensation. Upon the effective date of this Agreement, Vendor shall provide proof of worker's compensation insurance in the minimum amount required by law (if required). 6.2 General Liability. Insurance Requirements: Upon award, the Vendor shall be required to obtain and furnish to the City, prior to the contract being effective, Certificates of Insurance approved by the City. All insurance policies shall be with insurers with an acceptable rating, registered and licensed to do business in the State of Florida. The Vendor shall be required to name the City as an additional named insured with the following minimum coverages: a. Workers' Compensation: Is required in accordance with the applicable provisions of Florida Law. b. Comprehensive General Liability Insurance: Shall be maintained by the Vendor with minimum limits not less than the following: $1,000,000 Bodily Injury and Property Damage — each occurrence $1,000,000 Personal and Advertising Injury — each occurrence $2,000,000 General Aggregate $2,000,000 Products/Completed Operations Aggregated Limit $ 5,000 Medical Payment $ 100,000 Fire Damage Legal Liability Coverage shall include contractual liability and Vendor's liability. Page 13 of 19 c. Automobile Liability Insurance: Shall be maintained by the Vendor with a combined single limit of not less than $1,000,000 bodily injury and property damage in accordance with the laws of the State of Florida, as to the ownership, maintenance and use of all owned, non -owned, leased or hired vehicles. (The above requirements may be reduced in the final contract at the City's sole discretion.) 6.3 Requirements. This paragraph shall be applicable to Sections 6.1 and 6.2. The insurance required by this Article shall include the liability and coverage provided herein, or as required by law, whichever requirements afford greater coverage. All of the policies of insurance so required to be purchased and maintained for the certificates (or other evidence thereof) shall contain a provision or endorsement that the coverage afforded shall not be canceled, materially changed or renewal refused until at least thirty (30) days' prior written notice has been given to the City and the Vendor by certified mail, return receipt requested. All such insurance shall remain in effect until final payment. Unless agreed to by the City to the contrary, the City shall be named on the foregoing insurance policies as "additional insured". The Vendor shall cause its insurance carriers to furnish insurance certificates specifying the types and amounts of coverage in effect pursuant hereto, the expiration dates of such policies, and a statement that no insurance under such policies shall be canceled without thirty (30) days' prior written notice to the City in compliance with other provisions of this Agreement. For all Services performed pursuant to this Agreement, the Vendor shall continuously maintain such insurance as required by Sections 6.1, 6.2, and 6.3. In the event Vendor fails to maintain said insurance, City, at its option, may elect to terminate this Agreement by written notice to Vendor. 6.4 Indemnification and Hold Harmless. For all Services performed pursuant to this Agreement, the Vendor agrees to the fullest extent permitted by law, to indemnify and hold harmless the City and its employees, officers, and attorneys from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorney's fees), directly or indirectly arising from the negligent acts, errors, omissions, intentional or otherwise, arising out of or resulting from Vendor's performance of any Services provided pursuant to this Agreement. The indemnification provided above shall obligate the Vendor to defend at his/her own expense or to provide for such defense, at the option of the City, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against the City or its employees, officers and attorneys which may result from the Services under this Agreement whether the Services be performed by the Vendor or anyone directly or indirectly employed by them. In all events, the City shall be permitted to choose legal counsel of its sole choice, the fees for which shall be reasonable and subject to and included with this indemnification provided herein. This paragraph 6.4 shall survive termination of this Agreement. 6.5 Standard of Care. In performing its Services hereunder, the Vendor shall use that degree of care and skill ordinarily exercised, under similar circumstances by reputable persons providing the same or similar services. Page 14 of 19 ARTICLE 7 TERMINATION OF THE CONTRACT 7.1 Termination for Convenience by City. The City Council may terminate this Agreement with thirty (30) days written notice to Vendor. Such termination shall be at City Council's sole discretion. 7.2 Termination for Cause by City. Vendor acknowledges and agrees that if, through any cause, the Vendor fails to fulfill in a timely and proper manner its obligations under this Agreement, or if the Vendor shall violate any of the provisions of this Agreement, the City Manager or City Manager's designee may upon written notice to the Vendor, terminate the right of the Vendor to proceed under this Agreement, or with such part or parts of the Agreement as to which there has been default, and may hold the Vendor liable for any damages caused to the City by reason of such default and termination. In the event of such termination, the Vendor shall not be relieved of liability to the City for damages sustained by the City by reason of any breach of this Agreement by the vendor. 7.3 Termination by Vendor. With at least thirty (30) days written notice to the City, Vendor may terminate this Agreement if the City fails to comply with the terms and conditions of this Agreement. 7.4 Termination by Consent. This Agreement may be terminated by the mutual written consent of both parties at any time, and without penalty. 7.5 Upon Termination. Upon termination of this Agreement, Vendor shall be entitled to no additional compensation. Upon notice of termination, the Vendor shall cease all Services being provided hereunder. 7.6 Waiver. Failure of the City to insist upon performance within any time period or upon a proper level or quality of performance shall not act as a waiver of the City's right to later claim a failure to perform on the part of the Vendor. ARTICLE 8 TERM OF AGREEMENT 8.1 Term. The term of this Agreement shall commence on the Effective Date of this Agreement and end on , unless extended by mutual written agreement of the parties. ARTICLE 9 CONFLICTS 9.1 Conflicts. In the event that a conflict arises as to the contents of Exhibit "A" and the Agreement, the Agreement shall govern. Page 15 of 19 IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed as of the date first written above. ATTEST: Title: ATTEST: Title: STATE OF FLORIDA COUNTY OF BREVARD CITY: CITY OF CAPE CANAVERAL, FLORIDA David L. Greene, City Manager Date: VENDOR: Print Name: Date: The foregoing instrument was acknowledged before me this day of , 20_, by who executed the foregoing instrument and acknowledged before me that he/she executed the same for the uses and purposes therein expressed and who is personally known to me or who has produced as identification and who did take an oath. (NOTARY SEAL) Notary Public Signature Typed or Printed Notary Name: Page 16 of 19 Attachment #2 Drug -Free Workplace Program Form Page 17 of 19 DRUG-FREE WORKPLACE PROGRAM RFP #2014 - 02 To be considered for a Contract for this RFP, each Proposer must have a Drug -Free Workplace Program in-place. In order to have a drug-free workplace program, a Proposer shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing or possession of a controlled substance is prohibited in the workplace and specifying the actions that shall be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the Proposer's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services a copy of the statement specified in subsection (1) above. 4. In the statement specified in subsection (1) above, notify the employees that, as a condition of working on the commodities or contractual services, the employee shall abide by the terms of the statement and shall notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this Proposer complies fully with the above requirements. Proposer Signature Proposer Printed Name Name of Company Page 18 of 19 Exhibit A Commercial Surf School Franchise — RFP #2014-02 Page 19 of 19 Attachment 3 City of Cape Canaveral REQUEST FOR PROPOSAL COMMERCIAL PADDLEBOARD/KAYAK ECOTOURISM FRANCHISE LEISURE SERVICES DEPARTMENT INTRODUCTION: The City of Cape Canaveral ("City") is located on a barrier island along the Atlantic Ocean approximately midpoint between Miami and Jacksonville and is slightly over 50 miles east of Orlando. This 1.9 square -mile beach and coastal community is bounded on the west by the Banana River Aquatic Preserve, on the north by Port Canaveral, on the east by the Atlantic Ocean, and on the south by the City of Cocoa Beach. This location also means that the community is an integral part of the retirement -resort -vacation -recreation complex of the central beaches area of Brevard County. PURPOSE: The City is seeking proposals from qualified firms or individuals ("Proposers" or "Vendors") to operate a Commercial Paddleboard/Kayak Ecotourism Franchise for the City's Leisure Services Department in accordance with the terms, conditions and specifications contained in this Request for Proposal ("RFP"). APPLICATION: The City may enter into a Franchise Agreement granting the right and privilege to use Banana River Park to provide individual and group Paddleboard/Kayak lessons and Paddleboard/Kayak tours to the general public. Said Franchise Agreement shall be for the purpose of a Vendor operating a Commercial Paddleboard/Kayak Ecotourism Franchise business in the City in conformity with, and subject to, all provisions, terms and conditions of this RFP and City Code. A Vendor's right to use Banana River Park for the franchise purposes stated herein shall not be exclusive and the City reserves the absolute right to grant or deny the use of its parks to any person at any time during the period of any franchise awarded. RFP DUE DATE: Proposers must submit an identified "original copy" plus three (3) copies of the proposal (including any attachments) no later than August 22, 2014 at 3:00 p.m. to the City Clerk's Office located at 105 Polk Avenue, Cape Canaveral, Florida 32920. The proposal shall be in a sealed envelope clearly marked "Commercial Paddleboard/Kayak Ecotourism Franchise — RFP #2014-03". The official time shall be that marked by the City Clerk's Office. Only paper submittals shall be accepted. Electronic or fax submittals shall not be accepted. Page 1 of 19 RFP SCHEDULE: The proposed RFP schedule is as follows: Release RFP 7/24/2014 Last date for receipt of written questions 7/21/2014 Proposal due date 8/22/2014 (prior to 3:00 pm) Selection Committee review and ranking deadline 8/29/2014 Intended date for contract award 9/16/2014* *Dates indicated are tentative and may be changed by the City. QUALIFICATIONS/INSPECTION: Proposals shall only be considered from Proposers normally engaged in providing the types of services specified herein. The City reserves the right to inspect each Proposer's facilities, equipment, personnel and organization at any time, or to take any other action necessary to determine the Proposer's ability to perform. The City reserves the absolute right to reject proposals in its sole discretion where evidence or evaluation is determined to indicate the inability of proposers to perform the required tasks. The Vendor conducting Paddleboard/Kayak activities on City property shall be subject to a background check. The City may refuse to award a franchise or may terminate an existing franchise in the event any principal or any person conducting Paddleboard/Kayak activities on City property has been convicted of a felony within the past five (5) years. LICENSES/PERMITS/INSURANCE REQUIREMENTS: The selected Vendor shall obtain and provide proof of all pertinent licenses, permits and insurance required to conduct business as a Vendor in the City. Coverage is to remain in force at all times during the contract period. The City is to be named as "additional insured" with relation to general liability insurance. PROHIBITION OF INTEREST: No contract shall be awarded to a Proposer having an affiliation with City elected officials, officers or employees unless the Proposer has fully disclosed such affiliation and has complied with current Florida State Statutes and related City ordinances. Proposers must disclose any such affiliation during the selection process. Failure to disclose any such affiliation shall result in disqualification of the Proposer, removal from the City's approved vendor lists and prohibition from engaging in any business with the City. RFP DOCUMENTS: All Proposers shall examine this RFP carefully. Failure to adequately review the requirements shall not relieve a successful Proposer from liability and obligation under any contract. CONTRACT: The initial contract term shall commence upon date of award by the City and shall expire three years from that date. The City reserves the right to extend the contract for additional, one (1) year terms providing all terms, conditions and specifications remain the same, both parties agree to the extension and such extension is approved by the City. Vendor agrees and understands that the contract shall not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services at its sole option. A proposed Vendor Agreement is included as Attachment # 1. NEWS RELEASES/PUBLICITY: News releases, publicity releases or advertisements relating to any contract shall not be made without prior City approval. PROPOSER'S COSTS: The City shall not be liable for any costs incurred by proposers in responding to this RFP. Page 2 of 19 RULES AND PROPOSALS: The signer of the proposal must declare that the only person(s), company or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person(s), company or parties submitting a proposal; that it is in all respects fair and in good faith, without collusion or fraud; and that the signer of the proposal has full authority to bind the principal Proposer. The City reserves the right to reject any or all proposals, waive minor informalities or award to/negotiate with firms whose submittals best serve the interests of the City. DAYS, HOURS AND LOCATION OF OPERATION: Paddleboard/Kayak activities by the selected Vendor shall only be authorized during the hours facilities are open to the public including weekends and holidays. The successful Vendor shall have the proprietary operational rights of the park seven (7) days per week. The City reserves the absolute right to revoke the contract if the selected Vendor does not adhere to the Operating Regulations. OPERATING REGULATIONS: Operating regulations for the selected Vendor are as follows: 1. All City, County and State laws and regulations relating to the operational use of the City's riverfront areas shall be adhered to by the Vendor, his/her representatives and employees. 2. The Vendor shall conduct his/her operation and provide contracted services in such a manner as to maintain reasonable quiet and minimize disturbance to the general public and shall adhere to all requirements of City Code, including but not limited to Chapter 54 and Ordinance No. 14- 2010. 3. The security for all property, equipment and supplies owned and provided by the Vendor shall remain the responsibility of the Vendor. Costs relating to the repair or replacement of such items, stolen, lost or damaged shall be at the sole cost and expense of the Vendor. 4. The Vendor shall be responsible for all damage to City property caused by the Vendor or his/her employees or agents. Any such damage shall be corrected to the City's satisfaction at the sole cost and expense of the Vendor. 5. The Vendor shall provide a list of all proposed services and unit prices and shall not sell or provide anything other than that which he/she is licensed to provide. 6. The Vendor shall not leave any location without first picking up, removing and disposing of all trash, materials or refuse remaining from services provided by him/her in the conduct of his/her operation. 7. The Vendor's property shall not be left unattended at any time — there shall be no overnight storage of any type on City owned property. DESCRIPTION OF SERVICES: The proposer shall provide the City with a detailed description of the scope of his/her proposed Paddleboard/Kayak activities operation including, but not limited to, a description of services to be rendered; an operations schedule including proposed days of operation; number and description of temporary shelters or other equipment used to store or transport instructional materials; and the proposed prices of all services. FRANCHISE FEES: A franchise fee of $500 shall be payable by the operator to the City upon the contract execution and annually each year thereafter, including but not limited to renewal years, if applicable. Page 3 of 19 SECURITY: Security of all equipment shall be the responsibility of the operator. Equipment must be removed in the event of weather related danger (i.e., hurricane watch or warning) or at any other time the City determines the need for removal. SERVICE TEST PERIOD: If the Vendor has not previously performed services for the City, the City reserves the right to require a test period to determine if the Vendor can perform in accordance with the requirements of the contract, and to the City's satisfaction. Such test period can be from thirty (30) to ninety (90) days, and shall be conducted under all specifications, terms and conditions contained in the contract. VENDOR PERFORMANCE REVIEWS AND RATINGS: The City shall develop a Vendor Performance Evaluation Report. This report shall be used to periodically review and rate the Vendor's performance under the contract with performance ratings as follows: Excellent Far exceeds requirements. Good Exceeds requirements. Fair Just meets requirements. Poor Does not meet all requirements and Vendor is subject to possible termination. Noncompliance Either continued poor performance after notice or a performance level that does not meet a significant portion of the requirements. This rating makes the Vendor subject to the default or cancellation for cause provisions of the contract. The Report shall also list all discrepancies found during the review period. The Vendor shall be provided with a copy of the Report, and may respond in writing if he/she takes exception to it or wishes to comment. Vendor reviews and subsequent Reports shall be used in determining the suitability of contract extension. ADMINISTRATIVE SERVICES: Personnel services provided by the Vendor shall be by employees of the Vendor and subject to supervision by the Vendor, and not as officers, employees or agents of the City. Personnel policies, tax responsibilities, social security, health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under any contract shall be those of the Vendor. The Vendor must also maintain a Drug -Free Workplace Program. The City's program requirements are included on Attachment #2; this form must be included with each proposal. SUBCONTRACTORS: Subcontractors shall not be permitted under this contract. DAMAGE TO PUBLIC OR PRIVATE PROPERTY: Damage to public and/or private property as a result of Vendor operations shall be the responsibility of the Vendor and shall be repaired and/or replaced at no cost to the City. INSURANCE: 1. Insurance Requirements: Upon award, the Vendor shall obtain and furnish to the City, prior to the contract being effective, Certificates of Insurance approved by the City. All insurance policies shall be with insurers with an acceptable rating, registered and licensed to do business in the State of Florida. The Vendor shall name the City as an additional named insured with the following minimum coverages: Page 4 of 19 Worker's Compensation: Is required in accordance with the applicable provisions of Florida Law. b. Comprehensive General Liability Insurance: Shall be maintained by the Vendor with minimum limits not less than the following: $1,000,000 Bodily Injury and Property Damage — each occurrence $1,000,000 Personal and Advertising Injury — each occurrence $2,000,000 General Aggregate $2,000,000 Products/Completed Operations Aggregated Limit $ 5,000 Medical Payment $ 100,000 Fire Damage Legal Liability Coverage shall include contractual liability and Vendor's liability c. Automobile Liability Insurance: Shall be maintained by the Vendor with a combined single limit of not less than $1,000,000 bodily injury and property damage in accordance with the laws of the State of Florida, as to the ownership, maintenance and use of all owned, non - owned, leased or hired vehicles. Upon request, the above requirements may be reduced in the final contract at the City's sole discretion. NOTICES: All notices and franchise fee payments shall be sent to the parties at the following address: City of Cape Canaveral Leisure Services Department P.O. Box 326 Cape Canaveral, FL 32920 Page 5of19 PROPOSAL: The following shall be fully addressed in the proposal: 1. Statement of Qualifications: Provide a statement of understanding of the critical issues and opportunities associated with the proposed services and how the Proposer is uniquely qualified to assist the City in this effort. 2. Preliminary Scope of Services: Provide an outline detailing the proposed scope of services to demonstrate an understanding of the service. 3. Operations Schedule: Provide an operations schedule including proposed days and hours of services to provide Paddleboard/Kayak activities. 4. Franchise Appearance: Provide a color photograph that includes all temporary structures to include promotional signage and equipment that will be on site. 5. Uniform/apparel: Provide a color photograph of the instructor's uniform/apparel. 6. Services Offered: Provide a list of all proposed services rendered and unit prices. 7. Experience: State and document the number of years of experience the Proposer has had in providing similar services. List clients for whom services have been provided in the last three years. Provide client names, addresses, telephone numbers, client contacts, e-mail addresses and dates that the services were provided. 8. Employees: Provide proof that the business has sufficient employees to provide coverage at the onset of the contract. List those persons who may have a management position working with the City - list the names, titles or positions and the project duties. 9. Permits/Licenses: Provide copies of all County, State and City permits and licenses. CONSIDERATION FOR AWARD/AWARD PROCEDURES: The award of the contract shall be based on certain objectives and subjective considerations, and shall be based upon an evaluation point system as follows: Hours of operation: 0 to 10 points Services offered: 0 to 10 points Instruction experience/business references: 0 to 15 points School equipment appearance: 0 to 15 points Employee uniform/apparel appearance: 0 to 10 points Licenses/permits: 0 to 10 points Local Preference: 0 to 10 points The evaluation of proposals shall be conducted by a Selection Committee of City Staff. The Committee shall score and rank all responsive proposals and determine a minimum of three (3) Proposers to be finalists for further consideration. In the event there are less than three (3) responsive proposals, the Committee shall give further consideration to all responsive proposals received. If necessary, the Committee shall then conduct interviews, for clarification purposes only, with the finalists and re -score the proposals. The Committee shall then make a recommendation to the Cape Canaveral City Council for award. Proposers or finalists may be required to provide an oral presentation by appearing before the Selection Committee. The City may also require additional information and Proposers shall agree to furnish such Page 6 of 19 information. The City reserves the right to award the contract to the Vendor who shall best serve the interests of the City. The City reserves the absolute right in its sole discretion, based upon its deliberations and in its opinion, to accept or reject any or all proposals. The City also reserves the right to waive minor irregularities or variations to the specifications in the proposal process. STANDARD TERMS AND CONDITIONS: Acceptance and Rejection: The City reserves the absolute right to accept or reject any and all Proposals and to accept the Proposal which best serves the interests of the City of Cape Canaveral. The City may award sections individually or collectively, whichever is in its best interest, unless the Vendor only intends to propose for the contract in its entirety. Conflict: In the event that a conflict arises as to the contents of the RFP and the Agreement, the Agreement shall govern. Economy of Preparation: The Proposals should provide a straightforward, concise description of the Vendor's ability to fulfill the requirements of the Proposal. Indemnification and Hold Harmless: By submitting a response document signed by an authorized agent of the Vendor, the Vendor acknowledges and accepts the terms and conditions of the following indemnification statement in the event of award: "For all Services performed pursuant to this Agreement, the Vendor agrees to the fullest extent permitted by law, to indemnify and hold harmless the City and its employees, officers, and attorneys from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorney's fees), directly or indirectly arising from the negligent acts, errors, omissions, intentional or otherwise, arising out of or resulting from Vendor's performance of any Services provided pursuant to this Agreement. The indemnification provided above shall obligate the Vendor to defend at his/her own expense or to provide for such defense, at the option of the City, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against the City or its employees, officers and attorneys which may result from the Services under this Agreement whether the Services be performed by the Vendor or anyone directly or indirectly employed by them. In all events, the City shall be permitted to choose legal counsel of its sole choice, the fees for which shall be reasonable and subject to and included with this indemnification provided herein. This paragraph shall survive termination of this Agreement." Page 7of19 Informalities: The City of Cape Canaveral reserves the absolute right to both waive any minor informality in Proposals and to determine, in its sole discretion, whether or not the informality is minor. Information: Vendors are to furnish all information requested. Failure to do so may be cause for rejection. Interpretations: Any questions concerning conditions and specifications shall be directed to the City Manager or City Manager's designee. Interpretations that may affect the eventual outcome of this Proposal will be furnished in writing to all prospective Vendors. No interpretations shall be considered binding unless provided in writing by the City of Cape Canaveral. Non -Discrimination: The successful Vendor will comply with all federal and state requirements concerning fair employment and will not discriminate by reason of race, color, age, religion, sex, national origin, or physical handicap. Patents and Copyrights: The Vendor will agree to hold harmless the City of Cape Canaveral, its officers, agents, employees, and attorneys from liability from any kind, including costs and expenses, with respect to any claim, action, cost or judgment for patent or copyright infringement. Public Records: Florida law provides that municipal public records shall at all times be open for personal inspection by any person. Section 199.01, Florida Statutes. Information and materials received by the City in connection with an RFP response shall be deemed to be public records subject to public inspection upon award, recommendation for award, or ten days after proposal opening, whichever occurs first. However, certain exemptions to the public records law are statutorily provided. If the Vendor believes any of the information contained in his or her response is exempt from Florida's Public Records Law, then the Vendor must, in his or her response, specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption, otherwise, the City will treat all materials received as public records. Time for Considerations: Proposals will be irrevocable after the time and date set for the opening of Proposals and for a period of ninety (90) days thereafter. Trade Secrets: Proposers should not send trade secrets. If, however, trade secrets are claimed by a Proposer, they will not be considered as trade secrets until the City is presented with the alleged secrets together with proof that they are legally trade secrets. The City will then determine whether it agrees and consents that they are in fact trade secrets. If a Proposer fails to submit a claim of trade secrets to the City before obtaining the City's agreement, any subsequently claimed trade secrets will be treated as public records and will be provided to any person or entity making a public records request for the information. Page 8 of 19 Attachment #1 Vendor Agreement Page 9 of 19 VENDOR AGREEMENT THIS AGREEMENT is made this _ day of , 2 ("Effective Date"), by and between the CITY OF CAPE CANAVERAL, FLORIDA, a Florida municipal corporation, whose address is 105 Polk Avenue, Cape Canaveral, Florida, 32920 ("City"), and whose address is Florida ("Vendor"). RECITALS: WHEREAS, the Vendor desires to offer ("Services") for the benefit of the public using the sand beach areas within the City's jurisdictional boundaries; and WHEREAS, the City desires to allow the Vendor to offer such Services to the public under the terms and conditions set forth in this Agreement. IN CONSIDERATION of the mutual covenants and provisions hereof, and other good, diverse and valuable considerations, the receipt and sufficiency all or which is hereby acknowledged, the parties desiring to be legally bound do hereby agree as follows: ARTICLE 1 GENERAL PROVISIONS 1.1 Engagement. The City hereby engages the Vendor for the stated fee arrangement and the Vendor agrees to perform the Services outlined in the Request for Proposal, attached hereto as EXHIBIT "A", which is fully incorporated herein by this reference. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated in this Agreement. 1.2 Due Diligence. The Vendor acknowledges that he/she has conducted an investigation prior to execution of this Agreement and satisfied himself/herself as to the conditions affecting the Services, the availability of materials and labor, the cost thereof, the requirements to obtain necessary insurance as set forth herein, and the steps necessary to complete the Services herein. The Vendor warrants unto the City that he/she has the competence and abilities to carefully and faithfully complete the Services set forth herein. The Vendor shall perform the Services with due and reasonable diligence consistent with sound professional practices. 1.3 Consultants Competitive Negotiation Act Services. The Vendor warrants unto the City that the services being performed pursuant to this Agreement do not constitute professional services as defined by Section 287.055(2) (a), Florida Statutes. Page 10 of 19 ARTICLE 2 PAYMENT TERMS 2.1 Payment Terms. Payment of $500 is due upon the contract execution and annually each year thereafter, including but not limited to renewal years, if applicable. ARTICLE 3 GENERAL CONDITIONS OF SERVICES 3.1 Provision of Services is a Private Undertaking. With regard to any and all Services performed hereunder, it is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the City and the Vendor is such that the Vendor is not an agent of the City. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the City and the Vendor during or after the performance of the Services under this Agreement. 3.2 Warranty of Services. The Vendor hereby warrants unto the City that he/she has sufficient experience to properly complete the Services specified herein or as may be performed pursuant to this Agreement. The Vendor shall comply with all laws, ordinances, rules and regulations in the performance of the Services. The Vendor shall pay all taxes, fees and license fees required by law, including but not limited to occupational fees and withholding taxes and assume all costs incident to the Services, except as provided herein. ARTICLE 4 SUBCONTRACTS; ASSIGNMENT 4.1 Assignment and Subcontracting. Unless otherwise specifically required by this Agreement, the Vendor shall not assign, sublet or transfer any rights or Services under or interest in (including, but without limitations, moneys that may become due) this Agreement without the written consent of the City, except to the extent that any assignment, sublet, or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to any assignment, no assignment shall release or discharge the assignor from any duty or responsibility under this Agreement. Further, the Vendor shall not subcontract any portion or all of the Services without the written consent of the City. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the City and the Vendor, and all duties and responsibilities undertaken pursuant to this Agreement shall be for the sole and exclusive benefit of the City and the Vendor and not for the benefit of any other party. ARTICLE 5 MISCELLANEOUS PROVISIONS 5.1 Governing Law; Venue. This Contract shall be governed by the laws of the State of Florida. Venue of all disputes shall be properly placed in Brevard County, Florida. The parties agree that Page 11 of 19 the Agreement was consummated in Brevard County, and the site of the Services is Brevard County. If any dispute concerning this Contract arises under Federal law, the venue shall be Orlando, Florida. 5.2 Notices. All notices, demands, requests, instructions, approvals, and claims shall be in writing. All notices of any type hereunder shall be given by U.S. mail or by hand delivery to an individual authorized to receive mail for the below listed individuals, all to the following individuals at the following locations: TO THE CITY: David L. Greene City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Phone (321) 868-1220 x211 FAX (321) 868-1248 TO THE VENDOR: Name: Address: Telephone: Fax: Notice shall be deemed to have been given and received on the date the notice is physically received if given by hand delivery, or if notice is given by first class U.S. Mail, then notice shall be deemed to have been given upon the date said notice was deposited in the U.S. Mail addressed in the manner set forth above. Any party hereto by giving notice in the manner set forth herein may unilaterally change the name of the person to whom notice is to be given or the address at which notice is to be received. 5.3 Public Record. It is hereby specifically agreed that any record, document, computerized information and program, audio or video tape, photograph, or other writing of the Vendor related, directly or indirectly, to this Agreement, may be deemed to be a Public Record whether in the possession or control of the City or the Vendor. Said record, document, computerized information and program, audio or video tape, photograph or other writing of the Vendor is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the City. Upon request by the City, the Vendor shall promptly supply copies of said public records to the City. All books, cards, registers, receipts, documents and other papers in connection with this Agreement shall at any and all reasonable times during the normal working hours of the Vendor be open and freely exhibited to the City for the purpose of examination and/or audit. 5.4 Amendment of Agreement. Modifications or changes in this Agreement must be in writing and executed by the parties bound to this Agreement. Page 12 of 19 5.5 Severability. If a word, sentence or paragraph herein shall be declared illegal, unenforceable or unconstitutional, the said word, sentence or paragraph shall be severed from this Contract, and this Contract shall be read as if said illegal, unenforceable or unconstitutional word, sentence or paragraph did not exist. 5.6 Attorney's Fees. Should any litigation arise concerning this Agreement between the parties hereto, the parties agree to bear their own costs and attorney's fees. 5.7 Entire Agreement. This Agreement represents the entire and integrated Agreement between the parties and supersedes all prior negotiations, representations or Agreements, either oral or written, and all such matters shall be deemed merged into this Agreement. 5.8 Sovereign Immunity. Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes or other limitations imposed on the City's potential liability under state or federal law. As such, Vendor agrees that the City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of three hundred thousand dollars ($300,000.00). ARTICLE 6 PROTECTION OF PERSONS AND PROPERTY; INSURANCE 6.1 Worker's Compensation. Upon the effective date of this Agreement, Vendor shall provide proof of worker's compensation insurance in the minimum amount required by law (if required). 6.2 General Liability. Insurance Requirements: Upon award, the Vendor shall be required to obtain and furnish to the City, prior to the contract being effective, Certificates of Insurance approved by the City. All insurance policies shall be with insurers with an acceptable rating, registered and licensed to do business in the State of Florida. The Vendor shall be required to name the City as an additional named insured with the following minimum coverages: a. Workers' Compensation: Is required in accordance with the applicable provisions of Florida Law. b. Comprehensive General Liability Insurance: Shall be maintained by the Vendor with minimum limits not less than the following: $1,000,000 Bodily Injury and Property Damage — each occurrence $1,000,000 Personal and Advertising Injury — each occurrence $2,000,000 General Aggregate $2,000,000 Products/Completed Operations Aggregated Limit $ 5,000 Medical Payment $ 100,000 Fire Damage Legal Liability Coverage shall include contractual liability and Vendor's liability. Page 13 of 19 c. Automobile Liability Insurance: Shall be maintained by the Vendor with a combined single limit of not less than $1,000,000 bodily injury and property damage in accordance with the laws of the State of Florida, as to the ownership, maintenance and use of all owned, non -owned, leased or hired vehicles. (The above requirements may be reduced in the final contract at the City's sole discretion.) 6.3 Requirements. This paragraph shall be applicable to Sections 6.1 and 6.2. The insurance required by this Article shall include the liability and coverage provided herein, or as required by law, whichever requirements afford greater coverage. All of the policies of insurance so required to be purchased and maintained for the certificates (or other evidence thereof) shall contain a provision or endorsement that the coverage afforded shall not be canceled, materially changed or renewal refused until at least thirty (30) days' prior written notice has been given to the City and the Vendor by certified mail, return receipt requested. All such insurance shall remain in effect until final payment. Unless agreed to by the City to the contrary, the City shall be named on the foregoing insurance policies as "additional insured". The Vendor shall cause its insurance carriers to furnish insurance certificates specifying the types and amounts of coverage in effect pursuant hereto, the expiration dates of such policies, and a statement that no insurance under such policies shall be canceled without thirty (30) days' prior written notice to the City in compliance with other provisions of this Agreement. For all Services performed pursuant to this Agreement, the Vendor shall continuously maintain such insurance as required by Sections 6.1, 6.2, and 6.3. In the event Vendor fails to maintain said insurance, City, at its option, may elect to terminate this Agreement by written notice to Vendor. 6.4 Indemnification and Hold Harmless. For all Services performed pursuant to this Agreement, the Vendor agrees to the fullest extent permitted by law, to indemnify and hold harmless the City and its employees, officers, and attorneys from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorney's fees), directly or indirectly arising from the negligent acts, errors, omissions, intentional or otherwise, arising out of or resulting from Vendor's performance of any Services provided pursuant to this Agreement. The indemnification provided above shall obligate the Vendor to defend at his/her own expense or to provide for such defense, at the option of the City, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against the City or its employees, officers and attorneys which may result from the Services under this Agreement whether the Services be performed by the Vendor or anyone directly or indirectly employed by them. In all events, the City shall be permitted to choose legal counsel of its sole choice, the fees for which shall be reasonable and subject to and included with this indemnification provided herein. This paragraph 6.4 shall survive termination of this Agreement. 6.5 Standard of Care. In performing its Services hereunder, the Vendor shall use that degree of care and skill ordinarily exercised, under similar circumstances by reputable persons providing the same or similar services. Page 14 of 19 ARTICLE 7 TERMINATION OF THE CONTRACT 7.1 Termination for Convenience by City. The City Council may terminate this Agreement with thirty (30) days written notice to Vendor. Such termination shall be at City Council's sole discretion. 7.2 Termination for Cause by City. Vendor acknowledges and agrees that if, through any cause, the Vendor fails to fulfill in a timely and proper manner its obligations under this Agreement, or if the Vendor shall violate any of the provisions of this Agreement, the City Manager or City Manager's designee may upon written notice to the Vendor, terminate the right of the Vendor to proceed under this Agreement, or with such part or parts of the Agreement as to which there has been default, and may hold the Vendor liable for any damages caused to the City by reason of such default and termination. In the event of such termination, the Vendor shall not be relieved of liability to the City for damages sustained by the City by reason of any breach of this Agreement by the vendor. 7.3 Termination by Vendor. With at least thirty (30) days written notice to the City, Vendor may terminate this Agreement if the City fails to comply with the terms and conditions of this Agreement. 7.4 Termination by Consent. This Agreement may be terminated by the mutual written consent of both parties at any time, and without penalty. 7.5 Upon Termination. Upon termination of this Agreement, Vendor shall be entitled to no additional compensation. Upon notice of termination, the Vendor shall cease all Services being provided hereunder. 7.6 Waiver. Failure of the City to insist upon performance within any time period or upon a proper level or quality of performance shall not act as a waiver of the City's right to later claim a failure to perform on the part of the Vendor. ARTICLE 8 TERM OF AGREEMENT 8.1 Term. The term of this Agreement shall commence on the Effective Date of this Agreement and end on , unless extended by mutual written agreement of the parties. ARTICLE 9 CONFLICTS 9.1 Conflicts. In the event that a conflict arises as to the contents of Exhibit "A" and the Agreement, the Agreement shall govern. Page 15 of 19 IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed as of the date first written above. ATTEST: Title: ATTEST: Title: STATE OF FLORIDA COUNTY OF BREVARD CITY: CITY OF CAPE CANAVERAL, FLORIDA David L. Greene, City Manager Date: VENDOR: Print Name: Date: The foregoing instrument was acknowledged before me this day of , 20_, by who executed the foregoing instrument and acknowledged before me that he/she executed the same for the uses and purposes therein expressed and who is personally known to me or who has produced as identification and who did take an oath. (NOTARY SEAL) Notary Public Signature Typed or Printed Notary Name: Page 16 of 19 Attachment #2 Drug -Free Workplace Program Form Page 17 of 19 DRUG-FREE WORKPLACE PROGRAM RFP #2014 - 03 To be considered for a Contract for this RFP, each Proposer must have a Drug -Free Workplace Program in-place. In order to have a drug-free workplace program, a Proposer shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing or possession of a controlled substance is prohibited in the workplace and specifying the actions that shall be taken against employees* for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the Proposer's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services a copy of the statement specified in subsection (1) above. 4. In the statement specified in subsection (1) above, notify the employees that, as a condition of working on the commodities or contractual services, the employee shall abide by the terms of the statement and shall notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this Proposer complies fully with the above requirements. Proposer Signature Proposer Printed Name Name of Company Page 18 of 19 Exhibit A Commercial Paddleboard/Kayak Ecotourism Franchise — RFP #2014-03 Page 19 of 19 M O r•I O N a U. w L IA 00 C Y C f0 C Il t K M 2 O u a� a N Attachment 4 MM MM O N N � N v 0 ECL _. 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LU City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 9/16/2014 Item No. % Subject: Ordinance No. 08-2014; providing for the regulation of signage; providing for comprehensive amendments to Chapter 94, Signs, of the Code of Ordinances; amending the signage requirements for the Al Economic Opportunity Overlay District; providing for repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability, and effective date, second reading. Communitv and Economic Development Summary: The updated/current Cape Canaveral Sign Code was adopted by Ordinance No. 05-2009. Through several joint Workshops with the City Council, Planning and Zoning Board (P&Z Board) and Staff, a draft was adopted which included a significant number of revisions. Much discussion centered on the height of ground signs, then -coming technology (LED electronic signs) and the temporary signage needs of small business owners during an increasingly uncertain economic slowdown. In the years since adoption of that Ordinance, Staff has observed trends, learned from experience and discovered loopholes. Staff observations include: 1. The Code requirement that an electronic sign be installed in a monument sign has resulted in only one such sign (City Hall). 2. An intended incentive, an exception to the above requirement, allowing an electronic sign cabinet in an existing ground sign provided the ground sign reduce its height to 15 feet has resulted in only one such conversion (Christ Lutheran Church). 3. Business owners have commented that electronic sign restrictions (type, height, maximum display time and general display restrictions) remain too onerous and, thereby, preclude the investment. 4. Temporary signage remains a needed/desired tool for our business community. However, the existing regulations have frequently produced a sense of clutter along our prime business corridor. The proposed revisions to the Sign Code include: • Provides definition for "Right -of -Way" and includes a helpful graphic. • Provides definition for "Warning Sign" and an exemption therefore. • Provides definition for "Window Lighting" and prohibits same. • Provides a clarifying revision for the definition of "Window Sign". • Exempts: o Signs erected entirely within the confines of a commercial establishment, provided they cannot be viewed from a public right-of-way. o Warning signs. o Temporary signs approved under an outdoor entertainment event permit. o Any sign erected or temporarily placed by the City or other governmental body. City Council Meeting Date: 9/16/2014 Item No. /a Page 2 of 7 • Prohibits: o Signs placed on fences or gates, other than warning signs; and o All temporary signs not specifically authorized. • Specifies that a permit is required for changes to sign faces and changes to the name of a business on a sign. • Authorizes the Administrator to waive permit fees for any temporary off -premise sign for a new business. • Modifies temporary signage regulations: o Removes temporary signs from Table 94-96-1 (the "permanent" sign table) and presents all temporary sign regulations in their own simplified table format. o Limits the number and type of temporary signs. o Addresses sidewalk encroachment and parking space encroachment concerns. Permits an electronic sign to be installed in either a monument sign (15 ft. max. height) or a pylon sign (20 ft. max. height). Decreases the minimum length of time an electronic message must be displayed from 7 seconds to 4 seconds and removes the requirement for electronic messages to change instantly. Provides for termination through an amortization schedule of certain non- conforming signs: o Abandoned (discontinued) signs, o Damaged/destroyed signs, o Signs on Redevelopment Sites, o Pole signs (must be made into pylon signs), o Signs located in the visibility triangle and o Signs of a Temporary Nature which do not meet the requirements of the new regulations must be removed within 30 days from the effective date of the Ordinance. Provides an incentive to eliminate non -conforming signs. The City Manager is authorized to waive sign permitting fees for any sign permit application that is filed for purposes of eliminating or modifying a non -conforming sign and making it in full compliance with the provisions of this chapter. Provides administrator the ability to exempt legally existing non -conforming signs from the requirements of the chapter related only to height, sign area and projection from the building, if the sign owner can demonstrate that the non- conformity is within twenty (20) percent of each specific requirement. Allows for a Business Park/Area Multi-user sign to be erected on SR AIA, Center St. and/or Central Boulevard to provide signage for properties/businesses located on those respective roads. The Planning and Zoning Board reviewed the proposed Sign Code revisions on May 22, City Council Meeting Date: 9/16/2014 Item No. /O Page 3 of 7 2013, July 10, 2013, August 28, 2013 and October 9, 2013. Those meetings resulted in several revisions which are incorporated into the proposed Ordinance. The Board requested that Staff provide a notification procedure to business owners regarding the revisions. The following methods will be utilized: 1. Staff will create a summary of revisions and post to the City website home page. 2. Notification of all Blackboard Connect subscribers with an address on the C1, C2 and M1 corridors (N. Atlantic Ave., Astronaut Blvd., Central Blvd, Imperial Blvd., Commerce St., Brown Cir. and Center St.). The notification will direct subscriber to the summary of revisions posted on the City website home page. 3. A City Facebook post hyperlinking to the summary of revisions posted on the City website home page. 4. A City Hall Electronic Sign message directing viewers to the summary of revisions posted on the City website home page. 5. A mass email to businesses which have provided email addresses to the City (via BTR database) with an address on N. Atlantic Ave., Astronaut Ave., Central Blvd, Imperial Blvd., Commerce St., Brown Cir. and Center St. including the summary as an attachment. On November 19, 2013 City Council considered Ordinance No. 15-2013. Three Ordinance modifications were requested and have been made: 1. Minimum dimensions of pole covers, 2. Inclusion of sandwich board signs and 3. Addition of Center Street in the list of eligible streets for a Business Park/Area Multi-user Sign. Although no revisions to window sign regulations were proposed, an Attorney representing the owner of Beachwave retail store raised concerns related to the enforcement and interpretation of current window sign regulations. City Council directed Staff to work with the Property Owner/Attorney to clarify the issues/concerns. Since then, Staff has worked with the property owner to identify areas of commonality and compromise. On July 15, 2014, Staff met with the City Attorney and Andre Anderson, consultant with Planning Design Group, and reviewed window sign regulations contained within the Economic Opportunity Overlay District (EOOD). It was determined best to dovetail the window sign issue with the EOOD requirements. The EOOD actually addresses window transparency and EXPRESSLY allows window display areas to encourage visual interest. Consistent with the intent and purpose of display areas, it was determined that the display area should afford more flexibility for window signage. As such, the proposed code was revised to provide a general rule under chapter 94, but a more accommodating rule for display areas within the City Council Meeting Date: 9/16/2014 Item No. /O Page 4 of 7 EOOD. The result is as follows: 1. Window signs are generally prohibited in the City unless allowed under section 94-4 (6). 2. However, window signs are allowed provided: (1) they are not prohibited for public safety reasons (e.g. cash register areas); (2) they are at or below 15 feet from pedestrian grade; and (3) they do not exceed 25% of the total window glass area at or below 15 feet for each side of the building or unit unless allowed within a window display allowed under the EOOD. 3. In the EOOD, window signs are allowed within a display area (3ft x 15ft) without limitation, except such signs affixed or attached to the window within the display area cannot exceed 25% of the total window glass area fronting the display area. The revision adding the maximum height of a window display area is consistent with the definition of "ground floor" in the EOOD. See sec. 110-592. Relevant to the business in question located within the EOOD, interior window signs would be permitted within a window display area (min. 3 ft x max. 15 ft) without limitation other than they could not affix the window signs to the glass to cover more than 25% of the total glass area fronting the display area. Window signs would be prohibited above 15 feet. The public safety prohibition would also have to be considered to the extent relevant. On July 23, 2014 the Planning and Zoning Board heard a status update on the sign code. No action was requested. These changes have been incorporated into the renumbered Ordinance No. 08-2014. On August 19, 2014 City Council approved Ordinance 08-2014 at first reading. At the meeting, the Attorney representing the owner of the Beachwave retail store requested further clarification of the window signage regulations. The City Attorney explained the window sign regulations which were presented during first reading and also indicated that Staff would continue to evaluate the proposed Ordinance before second reading and that technical amendments were likely to be made before the Council considers final adoption of the Ordinance. Upon further review of the proposed Ordinance and upon further consultation between the Attorney for Beachwave and the City Attorney, additional technical amendments were made to the proposed Ordinance as follows: City Council Meeting Date: 9/16/2014 Item No. IO Page 5 of 7 1. Revised the definition of "sign" to clarify that the sign regulations pertain to signs that can be seen by the public off-site by primarily adding the following language, " visible by the public off-site from the right-of-way or other properties (not on the site where the sign is located." The definition now reads as follows: Sign means any object, surface, fabric, device or display, whether illuminated or nonilluminated, designed to advertise, identify, announce, direct or inform the public, and that is plased visible by the public off-site from the right-of-way or other properties (not on the site where the sign is located). For purposes of this chapter, the term "sign" includes all structural members. 2. Revised the definition of "right-of-way" to read as follows: -Right-of-way means land used for pedestrian and vehicular roadway purposes including reserved, used or to be used as a street, alley, sidewalk, walkway, trail and trail heads, and related public areas such as medians, drainage facilities, and grass shoulders. One example of a right-of-way: (see drawing on page 5 of Ordinance No. 08-2014, attachment 4). 3. Revised Temporary Signage Table 94-76 to: (1) add "on -premises" to the table heading; (2) remove separate reference/requirements for "for sale and for lease" signs; (3) remove separate reference/requirements for "property under development" signs; and (4) add a general reference to "temporary sign — in general' 4. Revised section 94-76(b) to remove reference to "for sale and for lease." 5. Reworded 94-76(2)(a) to clarify when a temporary sign may be posted before an event or occurrence as follows: The temporary signage shall: (i) not be posted more than fourteen (14) days prior to the commencement of the scheduled event or occurrence, unless a sooner time period is required by law, and (ii) be removed when the sign has fulfilled its purpose (e.g., the scheduled event or occurrence has concluded). 6. Inserted the effective dates and deadlines into Section 94-121. 7. Created a definition of "window display area" in Sec. 110-651. Windows and transparency: (1) Add visual interest and create a feeling of openness by incorporating window display areas and windows with architectural defining features such as window City Council Meeting Date: 9/16/2014 Item No. /D Page 6 of 7 frames, sashes, muntins, glazing, paneled or decorated jambs and moldings. For purposes of this section, a window display area shall be an interior storefront or shop window area which is visible from outside the storefront or shop and designed to display an arrangement of merchandise and other items for sale or otherwise designed to attract customers to the store or place of business. A window display area shall be oriented to create outside visual interest and shall have a minimum depth of at least three (3) feet measured from the interior surface of the storefront or shop window into the store or shop and a maximum height of fifteen (15) feet measured from pedestrian grade. 8. Amended Sec. 110-651(d) to clarify that the minimum window transparency requirement may be met by providing either direct views into the interior of the premises or by creating window display areas. Further, window signs are allowed in window display areas without limitation, as long as they comply with the 25% rule. d. All ground level windows shall be required to meet the minimum transparency requirements by providing either prev+de direct views to the building's interior or to a lit window display area extending a—r��n of thFee feet behand the wiedew. Window signs may be placed within the window display area, without limitation, provided any such window sign affixed to or in contact with the window glass shall not exceed twenty-five (25) percent of the total window plass area fronting the window display area. Further, window signs outside of a window display area shall be prohibited unless such signs are exempted under section 94-4(6) of the City Code based on the amount of such signs that exist within the total window glass area that is not incorporated into the window display area. The Notice of Public Hearing was advertised in Florida Today on August 28, 2014. Submitting Director: Todd Morley'�� Date: 9/8/2014 Attachments: 1. P&Z Recommendation 2. Proposed Amended Sign Code 3. Ordinance No. 08-2014 Financial Impact: Cost to prepare the Ordinance revision, advertising, this agenda item and Codification into the Code of Ordinances. . Reviewed by Financial Services Director: John DeLeo Date: ! � 11 The City Manager recommends that City Council take t following action: Adopt Ordinance No. 08-2014. Approved by City Manner: David L. Greene Date: g IPAY City Council Meeting Date: 9/16/2014 Item No. /O Page 7 of 7 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications Tabled to Time Certain Attachment 1 Memo TO: Todd Morley, Community & Economic Development Director Barry Brown, Planning & Zoning Director FROM: Susan L. Chapman, Secretary, Planning & Zoning Board 5� THROUGH: R. Lamar Russell, Chairperson, Planning & Zoning Board 7� ele DATE: October 29, 2013 RE: Recommendation to City Council - Ordinance No. XX -2013; providing for the regulation of signage; providing for comprehensive amendments to Chapter 94, Signs, of the Code of Ordinances; amending the signage requirements for the A 1 A Economic Opportunity Overlay District; providing for repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability, and effective date. At Planning & Zoning Board meetings held on May 22nd, July 10th, September 11th, and October 9th, 2013, the Board reviewed, held discussions, and recommended changes to the proposed ordinance to amend the City's sign code. On October 9th, 2013, the Planning & Zoning Board unanimously recommended that City Council approve the proposed ordinance with incorporation of the Board's recommended changes. Proposed Amended Sign Code Attachment 2 Chapter 94. SIGNS ARTICLE I. IN GENERAL Sec. 94-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Accent lighting means eleetfie diseharrta tubing attae ed as any method of external illumination that is intended to draw attention to an integral decorative or architectural feature of the building and not connected or giving the appearance of any connection to the overall signage of the project. Accent lighting shall be reviewed in accordance with Article III of Chapter 22 of this Code. Air -inflated devices means attention -getting devices that are inflated with lighter -than -air gas or are supplied inflation from a blower or fan that, when energized, keep the device erect. Animated or flashing sign means any sign which uses lights that flash or alternate or which includes action, motion or illusion of motion, designed electronically, usually to give messages by means of slight progressive changes. This definition shall also include signs with rotating panels, generally referred to as tri -vision signs. Awning means any structure, fixed or capable of being raised or lowered, made of fire resistant cloth, wood, metal or plastic with or without a metal frame, which protrudes from a building facade as a roof -like structure and is supported entirely by the building without the use of ground supports. Bag sign means any temporary sign made of cloth or other materials designed to fit over an existing sign or structure because the copy area is in the process of being changed or repaired due to damage. Balloon display is any balloon anchored on private property for the purpose of advertisement. Banner sign means any sign having the characters, letters, illustrations or ornamentation applied to cloth, paper or fabric including animated, rotating and/or fluttering devices, feather signs, flags and pennants (which do not comply with the definition of flag or pennant under this chapter) but excluding government flags for the purposes of this chapter, designated to attract attention. Bulletin board means any permanent sign, not to exceed six feet, attached to a building, and generally located at a store entrance, for purposes such as posting notices, menus, and other information, with removable letters, words, numerals, and copy material in a non -electronic manner. Canopy means any structure other than an awning, made of fire-resistant cloth, wood, metal or plastic with or without metal or wood frames, attached or detached and supported, in part, or entirely, by the ground. Page 1 of 36 Proposed Amended Sign Code Attachment 2 Code enforcement board means a board established in section 2-256 et seq. to enforce this Code. Community appearance board means a board established in section 22-36 et seq. Construction board of adjustment means a board established in section 82-32. Copy area or sign area shall mean the entire area enclosed by one continuous perimeter line, enclosing the extreme limits of the sign, including all ornamental attachments, insignias, symbols, logos, trademarks, interconnecting links and the like, and any stripe, frame or border. Sign area does not include the main support structure of the sign unless used for sign display purposes. The calculation for a double- faced sign shall be the area of one face only. The calculation for wall signs, if permitted hereunder, comprises individual letters, numbers, symbols and the like, where the exterior wall of the building upon which it is affixed acts as the background of the sign, shall be calculated within the smallest regular geometric figure needed to encompass the sign display. Dilapidated sign. shall mean a sign including its structure that is damaged, deteriorated, defaced, abandoned, in a state of disrepair, or illegible. Digital electronic sign. See Electronic messaging sign. Discontinued sign shall mean any sign located on real property which has been vacant and unoccupied for a period of ninety (90) days or more; or any sign face which advertises a service no longer conducted or product no longer sold upon the premises where the sign is located. Such sign (face and/or structure) shall be considered nonconforming in accordance with Article N of this Chapter. Edge of pavement shall mean the hard -surfaced (e.g. asphalt, concrete, macadam, marl, pavers, etc.) edge of an existing street in the right-of-way excluding the curbing. Electric discharge tubing (neon or fluorescent) shall mean an illumination system using an electrified inert gas (such as neon), placed inside clear or colored transparent tubes, which can be bent into various letters, designs and shapes. Electronic messaging signs shall mean a sign on which the copy changes automatically by electronic means. Erect means to build, construct, raise, assemble, create, paint, draw, attach, hang, place, suspend, affix, or in any other way bring into being or establish; but it does not include any of the foregoing activities when performed as an incident to the customary maintenance or repair of a sign. Exempt sign means signs exempted from normal permit requirements. Flag or pennant means the flying of individual national, state, county, city or flags of political national origin attached to a freestanding pole, mounted on the ground or to flags attached to the facade of a structure, limited to five in number, provided such flags shall not be used in such a way to attract Page 2 of 36 Proposed Amended Sign Code Attachment 2 attention of the public for commercial purposes. Flags larger than three feet by five feet shall be considered signs and shall be calculated as part of the maximum square footage and maximum number of signs. Frontage means that portion of a lot or parcel abutting a street right-of-way. For corner lots or parcels abutting two or more street rights-of-way, frontage shall be measured only along the dedicated street right-of-way facing the primary entrance of the principal building located on the lot or parcel. Ground sign means a sign supported by poles, uprights or braces, visible or enclosed that are placed in or upon the ground. Ground signs include pole, pylon, and monument signs. Hanging sign shall mean a sign attached to and extending below a marquee, ceiling, or canopy. Hazardous sign is any sign which constitutes a vehicular and/or pedestrian hazard or a detriment to traffic safety by reason of its size, location, movement, content, coloring, or method of illumination, or which obstructs the visibility of any official traffic -control device or which diverts or tends to divert the attention of drivers of moving vehicles from traffic movement on streets, roads, intersections, or access facilities. No sign shall be erected in such a manner as to obstruct the vision of pedestrians. The use of flashing, running, or revolving lights in any sign is prohibited. Any sign which by glare or method of illumination constitutes a hazard to traffic is prohibited. Any sign which displays or incorporates into the graphic display any depiction or simulation identical to or similar to those used for officially recognized traffic signalization, direction or control shall be prohibited. Marquee sign means a projecting sign attached to or hung from a marquee or such marquee shall be known to mean a canopy or covered structure projecting from and supported by a building, when such canopy or covered structure extends beyond the building, building line or property line. Monument sign shall mean a ground sign which is free standing, supported solely by its own ground -mounted base and which is not attached or fixed in any way to a building, fence or other structure, provided that the ground mounted base is substantially equal to or greater than 50 percent the horizontal dimension of the sign face including any cabinet or any structure within which the sign face is located and not greater than ten feet in height. Two examples of a monument sign are as follows: Noncombustible material means a material, which, in the form and thickness in which it is used, meets any of the following: Page 3 of 36 Proposed Amended Sign Code Attachment 2 (1) Materials which pass the test procedures for defining noncombustibility of elementary materials set forth in ASTM E136; or (2) Materials having a structural base of noncombustible materials as stated in subsection (1), with a surfacing not more than one-eighth inch thick, which has a flame -spread rating not greater than 50 when tested in accordance with the method of test for surface burning characteristics of building materials set forth in ASTM E84. Nonconforming sign means any advertising structure or sign which was lawfully erected and maintained prior to such time as it came within the purview of this chapter and any amendments thereto, and which fails to conform to all applicable sections and restrictions of this chapter or any other applicable provision of the city Code, or a nonconforming sign for which a special permit has been issued. Obscene sign is a sign deemed obscene under the Florida or United States Constitutions. Off-site or off -premises sign means a sign identifying an activity which is not on the premises where the sign is located or products or services which are not available on the premises where the sign is located. Signs commonly referred to as billboards shall be considered off -premises signs. On-site or on premises sign means a sign: (1) Identifying an activity conducted or products or services available on the premises where the sign is located, or (2) Displaying a noncommercial message or (3) Any combination of the first two. For purposes of this definition, common areas within a duly organized homeowner or condominium association shall be considered on premises for each individual unit or lot within said association in recognition of any right the unit or lot owner has to use said areas under Florida law and the association's covenants and rules. Outdoor advertising display means any letter, figure, character, mark, plane, point, design, poster, pictorial picture, stroke, stripe, line, trademark, reading matter or illuminated service which shall be constructed, placed, attached, painted, erected, fastened or manufactured in any manner whatsoever so that such shall be used for attraction of the public to any place, subject, person, firm, corporation, public performance, article, machine or merchandise whatsoever, which is displayed in any matter whatsoever outdoors. Owner means the person owning the fee simple title to the property upon which a permit is required. Parapet sign shall mean a wall sign erected flush on a parapet extension of a building. Page 4 of 36 Proposed Amended Sign Code Attachment 2 Permittee means the person in possession or having the beneficial use of property upon which a sign is located for which a permit is required. Pole signs are signs that are supported by one or more exposed vertical supports of any shape which are comprised of steel or other corrosive alloys. Two examples of a pole sign are: Portable signs means signs that may be hauled or towed from one location to another, are self- supporting, [and] are designed to be temporarily placed without a permanent base or fastening. Projecting sign means a sign which is affixed perpendicular to any building wall and extends beyond the building wall by more than 18 inches. Pylon signs are signs that are supported by one or more exposed vertical supports which are encased within a single, non -corrosive decorative cover. Non -corrosive decorative cover shall mean any material(s) suitable for installation as a pole sign cover in accordance with industry standards of material and workmanship, applied over and attached to the supporting_poles(s), including all attachments and fasteners thereto, which shall contain no steel or other corrosive alloys. Such pole sign cover shall have a minimum width of 12 inches and maximum depth equal to the depth of the sign cabinet. One (1) example of a pylon sign is: Roof sign means any sign erected upon, against or directly above a roof or on top of or above the parapet of a building. Page 5 of 36 Proposed Amended Sign Code Attachment 2 Sandwich board shall mean a freestanding, one- or two-sided sign, in the shape of an inverted W," and set upon the ground. Scheduled event or occurrence means a singular preplanned temporary happening during_aa particular interval of time on the site advertised. Examples of scheduled events or occurrences include a property for sale, a coming site development, arg and opening a retail sale an outdoor event and other similar temporary events. Shopping center or multitenant center means a building with two or more businesses. Sign means any object, surface, fabric, device or display, whether illuminated or nonilluminated, designed to advertise, identify, announce, direct or inform theup blic, and that is view of the geneml publile visible by the public off-site from the right-of-way or other properties (not on the site where the sign is located). For purposes of this chapter, the term "sign" includes all structural members. Snipe sign means a small sign of any material, including, but not limited to, paper, cardboard, wood or metal, attached to any object and having no application to the premises where located. Street-nRight-of-way meansert hien is committed ibli tte land used for pedestrian and vehicular roadway purposes including reserved, used or to be used as a street, alley, sidewalk, walkway, trail and trail heads, and related public areas such as medians, drainage facilities, and grass shoulders. One example of a right -of -waw Page 6 of 36 Proposed Amended Sign Code Attachment 2 Property line Utility POI Utility Pole Proper Utility Pole � I Si walk I I I I 71-MiNwalkj Grass shoulder Grass shoulder c.b Roadway Roadway Grass shoulder curb Pole 1 Property lines The right-of-way can be thought of as the public's space between property lines. In this example, the sidewalks and utility poles are at the property lines. Grass shoulder Si c stop - Utaity Pole sip - _ Property lines Right-of-way Cd 3 M Temporary signs means a sign displayed for a scheduled event or occurrence b , which is not designed or intended to be placed permanently inelusivefor- ren�g�s, fey SuI�signs, Go29tfCGdSorrSTgiSreal estate signs. Temporary signs include only those signs expressly referenced in section 94-76 — Temporary Sign Table. Tenant space means that portion of a building separated by walls or partitions that extend from the floor to the ceiling or roof deck without interconnecting openings. Vehicular sign means any sign applied to, affixed to, or placed upon a vehicle in such a manner as to be visible to the public. Visibility triangle means a three-dimensional triangular space bounded on two sides by intersection streets (measured from intersecting edges of pavement) and on the third side by a straight line drawn between those lines at a point located 35 feet from their intersection. Page 7 of 36 IVW&*T&f*l Omsk o[pnopmt Proposed Amended Sign Code Attachment 2 Wall sign means a sign that is affixed to the wall of any building, when such sign shall project not more than 18 inches from the building. Wall signs may not extend above the roofline or facade. Wall signs include parapet signs and projecting signs. Wall mural means a painting or an artistic work composed of an arrangement of color and that displays a commercial or noncommercial message, relies solely on the side of the building for rigid structural support, and is painted on the building. The term excludes a painting or work placed on a structure that is erected solely for the sole or primary purpose of signage. Warning sign means a signrequired by law or intended to inform the viewer of dangerous and/or restrictive conditions on the premises. Window lighting means any source of illumination intended to illuminate or draw attention to any display that is part of a window sign. Window sign means ilitifninated and neiii1itimi amny signs affixed to, in contact with or placed in the interior or exterior windows of a structure, and which can be viewed from the outside of the structure. Sec. 94-2. Purpose and scope. (a) The purpose of this chapter is to regulate the number, size, type, use, design, construction and location of signs within the city. These regulations are established in order to promote the overall economic well-being of the city, while at the same time providing for the health, safety and welfare of the public by reducing the adverse effects of signs on safety, property values, traffic, and the enjoyment of the scenic beauty of the city. These regulations are intended to avoid excessive competition and clutter among sign displays in the demand for public attention, eliminate dangerous, dilapidated and unsightly signs and provide for adequate maintenance and Page 8 of 36 Proposed Amended Sign Code Attachment 2 inspection of signs within the corporate limits of the city, consistent with constitutional guarantees and while providing for adequate opportunities for effective means of communication. (b) For purposes of this chapter, any lawful sign may display a noncommercial message in addition to, or in lieu of, any other message. All noncommercial speech shall be deemed to be on premises. Nothing in this chapter shall be construed to regulate the content of the message displayed on any sign. Sec. 94-3. Administrator. The "administrator" shall be the building official unless otherwise directed by the city manager in writing. The administrator shall also include any authorized designee of the administrator who is charged with implementing the provisions of this chapter. If the administrator is not the building official, the building official shall be charged with interpreting applicable building codes and advising the administrator relative to building code issues under this chapter. Sec. 94-4. Exemptions. The following signs may be erected without a permit, subject, however, to all remaining requirements of these regulations: (1) Decals affixed to and normally associated with signs painted on equipment, fuel pumps or other types of equipment provided such decals are affixed with the consent of the equipment owner; (2) Signs wholly within a building or enclosed space, excluding window signs which are more specifically regulated under this chapter; (3) One sign or tablet per building, of four square feet or less, when cut into any masonry surface or when constructed of bronze or other incombustible materials and attached to the surface of the building; (4) Bulletin boards provided said boards shall not exceed six square feet and shall be limited to one per business entrance; (5) Traffic -control devices installed in accordance with applicable provisions of the City Code and the traffic control manual published by the Florida Department of Transportation; (6) Unless otherwise prohibited under this subsection for safety purposes, interior window signs shall be allowed provided they are located at or below fifteen (15) feet from pedestrian grade. Pedestrian grade shall be measured from the walking surface nearest the window of the subject building. Window signs above fifteen (15) feet from pedestrian Page 9 of 36 Proposed Amended Sign Code Attachment 2 grade shall be prohibited. Window signs permitted by this subsection shall not exceed twenty-five (25) percent of the total window glass area at or below fifteen feet from pedestrian grade for each side of the building or unit thereof unless permitted within a window display area allowed under Chapter 110, Article X. AIA Economic Opportunity Overlay District. that do not o eed 25 pefeent of the total window lass area for- eagh side of the buildine -of unit thereof and am Waeed in the upper- or- lewef� half of th-e nide l� T addition, the total f „t. f the d -em, 1,,e ted - 5:� u�� ur'ca. ax aaaiccvix, cxxc cvcai �f�uaic xvvca�c�fcnar��na-�vcsr�c above ten feet ffem gFade, when added to the total existing signage for- the buildine e tinit thefeef-, does not eause the total signage eeny area for- the buildine or- tMit thereof to exeeed the maximum total siwia�!e eepy area allowed for- the pai4ieular- buil thereof. Further, all sales transaction and cash register areas, as well as any other areas that may be deemed as necessary for viewing for public safety purposes by a law enforcement agency, shall not be obstructed from view from the outside of the building by a window sign_ , and (7) Temporary signs on residential property that do not exceed six square feetandenaflfn 0 sidei4i ,t p peAy that d„ not o and 12 s e root pfevided the signs meet the f of but ., a loss that, 3.2 s e feet , be .,tither -:zed by p fmit under this ..hapte.- (8) For 911 and emergency response purposes, signage identifying the address of the property, which shall be located in a place that is clearly visible from the right-of-way. (9) Signs held by humans. (10) Subject to the criteria established in section 94-61, temporary, permanent, and portable government monuments, markers, and signs located on public property. (11) Home occupation signs pursuant to section 94-83. (12) Subject to the criteria established in section 94-61, historical markers located on public or private property that are part of a duly authorized local, state or federal historical program. (13) Signs erected entirely within the confines of a commercial establishment, provided they cannot be viewed from a public right-of-way. (14) Warning signs. (15) Temporary signs approved under an outdoor entertainment event permit. (16) Any sign erected or temporarily placed by the city or other governmental body. Page 10 of 36 Proposed Amended Sign Code Attachment 2 Sec. 94-5. Penalty for violation. (a) Any person who knowingly violates or fails to comply with any of the sections of this chapter or any erector, owner or user of an unlawful sign or any owner of the property on which an unlawful sign is located, shall, upon conviction, be punished as provided in section 1-15 (b) In addition to the criminal penalties provided in this section, any violation of this chapter shall be subject to enforcement by Divisions 2 or 3, Article VI, Chapter 2 of this Code. Sec. 94-6. Prohibited signs and features. The following signs and features are strictly prohibited: (a) Signs on utility poles and trees. Signs, regardless of whether exempt from permit requirements, are prohibited on public utility poles or trees, except government banner signs may be permitted on brackets installed on utility poles if authorized by the utility company. (b) Obstruction of free ingress or egress; standpipes/fire escapes. No sign shall be erected, relocated or maintained so as to obstruct free ingress to or egress from any door or fire escape. No sign of any kind shall be attached to a standpipe or fire escape, unless the sign is incidental to the function of the fire escape or standpipe. (c) Signs on right-of-way. Signs on right-of-way that do not constitute a bona fide traffic control device installed for the safety of pedestrians and vehicles, or do not serve a governmental function. (d) Portable signs. Any sign, excluding vehicular signs, which is mobile or is not securely and permanently attached to the ground or a building is prohibited, except a sandwich board is permitted in accordance with section 94-76 displayed- eu usiness-hatir-s of the business that is displaying th-e (e) Merchandise displays on rights-of-way. Permanent, temporary, portable or movable signs or displays of merchandise located on any street, sidewalk, alley, or right-of-way are prohibited. (f) Off -premises signs, except temporary off -premises signs that are expressly authorized by this chapter. Page 11 of 36 Proposed Amended Sign Code Attachment 2 (g) Wall mural. A wall mural is strictly prohibited on the exterior of any building within the city unless the wall mural is approved under the community appearance review standards set forth in sections 22-36 et seq. (h) Window signs. Window signs that do not comply with sec. 94-4 (i) Ground signs with exposed metal supports including poles. 0) Air -inflated devices. (k) Marquee signs. (1) Roof signs. (m) Projecting signs, unless they comply with the provisions of section 94-79 (n) Temporary signs, unless specifically authorized under this Chapter. (o) Flags and pennants that are not governmental in origin. (p) [Emissions.] Signs that emit an audible sound, odor, or visible matter such as smoke or steam. (q) [Composition.] Signs that are made with or printed on any vegetation, curbstone, flagstone, pavement, or any portion of the sidewalk or street except house numbers and traffic control signs. (r) Balloon display. (s) Discontinued signs. (t) Animated signs or signs of a flashing, running or revolving nature. (u) Snipe signs. (v) Obscene signs. (w) Hazardous signs. (x) [Signs on certain motor vehicles.] Signs located or erected on an inoperable or unlicensed motor vehicle and visible from the right-of-way or adjacent property. Page 12 of 36 Proposed Amended Sign Code Attachment 2 (y) [Certain signs on parked motor vehicles.] Signs located or erected on a parked motor vehicle which are intended primarily for display purposes and not regularly used for transportation purposes and which are visible from the right-of-way or adjacent property. (z) Dilapidated signs. (aa) Pole signs. (bb) Signs placed on fences or gates, other than warning si ns. cc Window lighting except for window signs authorized by section 94-4(6). dddd) Temporary signs, except permitted types and uses specified in section 94-76. ee Any other sign, feature, or outdoor advertising display that does not comply with the provisions of this chapter. Sec. 94-7. Conformance. All signs or other outdoor advertising displays erected within the city limits shall conform to this chapter. Sec. 94-8. Identification. Every sign or outdoor advertising display erected, constructed or maintained, for which a permit is required, shall be plainly marked with the name of the person erecting and maintaining such sign and shall have affixed on the front thereof the permit number issued for the sign by the administrator. Sec. 94-9. Wind pressure and dead load. All signs and other outdoor advertising displays shall be designed and constructed to withstand a wind velocity as set forth in the building code adopted in section 82-31 and shall be constructed to receive dead loads as required by the building code or other codes of the city, except temporary signs authorized by this chapter. Sec. 94-11. Maintenance, notice to repair. (a) All signs shall be erected, placed and maintained in a state of good and safe repair. Damaged signs shall be removed, repaired, or replaced. If a sign is painted, in whole or in part, the sign shall be kept well -painted. Such sign shall be repainted whenever the paint is peeled, blistered, or faded. Page 13 of 36 Proposed Amended Sign Code Attachment 2 (b) All signs shall be constructed and maintained in accordance with the provisions and requirements of the city's building codes, electrical codes, and other applicable codes. (c) All copy area shall be maintained so as to be legible and complete. (d) All signs shall be maintained in a vertical position unless originally permitted otherwise, and in good and safe condition. (e) Damaged faces or structural members shall be promptly removed, repaired or replaced. (f) Electrical systems, fasteners, and the sign and structure as a whole shall be maintained at all times in a safe condition. Secs. 94-12-94-30. Reserved. ARTICLE II. PERMITS AND INSPECTIONS Sec. 94-31. Permit required. (a) Except as otherwise provided in this chapter, it shall be unlawful for any person to change a sign face, change the name of a business displayed on a sign, alter, erect, construct, enlarge, move, or make structural alterations to any sign within the city, or cause such to be done without first obtaining a sign permit . This shall not be construed to require any permit for a change of moveable alphanumeric characters on a sign designed for such moveable characters or a change off play on an electronic sign eeff ,,..,,...s the sor- s+,..,,..,,..o : of fnedified ; any wa5. Any sign which is not specifically allowed by this chapter is prohibited. (b) An electrical permit shall be required for any sign containing electrical components to be connected to an electrical energy source. (c) No new permit is required for a sign which has a permit and which conforms with the provisions set forth in this chapter on the date of its adoption. A new permit shall be required for any sign when the structural configuration or electrical components are altered or when the sign is relocated. Sec. 94-32. Application for permit; review time limits. (a) Application for a permit required under this chapter shall be made upon forms provided by the building department and shall contain or have attached the information required on the form. At a minimum, the application shall contain the following information and documents: (1) The name, address and telephone number of the property owner and applicant if different than owner. Page 14 of 36 Proposed Amended Sign Code Attachment 2 (2) The name, address, telephone number and state license number of the sign contractor/manufacturer and if applicable, the same information for the engineer and architect. (3) The street address, legal description and tax identification number of property upon which proposed sign is to be located. (4) The zoning and future land use designation of the property on which the sign is to be located. (5) The type of sign, square footage, height and location of all signs currently located on the premises. (6) The type of sign, square footage, design, sign area, height, location and fully dimensioned elevation drawings of the sign or sign proposed to be erected on the premises. If the sign will be electrically lighted, a copy of the electrical plans and specifications for the sign shall be provided. In addition, the name and address of the electrical contractor shall accompany the appropriate electrical permit application. (7) Written permission of the property owner to erect the proposed sign if the applicant is not the property owner. (8) A fully dimensioned site plan showing the lot frontage, building frontage or business, establishment or occupant frontage, parking areas and location of all existing and proposed signs. For ground signs and temporary signs which are subject to permitting, the site plan shall show the distance from the right-of-way and property lines, and street corner visibility calculations. (9) For temporary signs subject to permitting under this chapter, the applicant shall provide the name, date and time associated with the event or activity and a time frame for the temporary sign to come down. (10) The type of construction, materials, sign supports, electrical details for the proposed sign. (11) Wind load calculations and footer details for the proposed sign as required by the city's adopted building code. (b) The administrator shall grant or deny the sign permit application within 45 calendar days from the date that a completed application and permit fee was filed with the city, unless aesthetic review of the proposed sign is required under sections 22-36 et seq., City Code, then 60 calendar days. For purposes of calculating the time period, the day of receipt shall not be counted. Further, if the last day falls on a Saturday, Sunday, or legal holiday, the decision shall be made on the next regular business day. Notwithstanding any contrary sign application requirements contained in this section, any person may request that a sign or signs be approved as part of an overall proposed development plan for a particular land development project. In such cases, the person will be required to submit the plans and specifications of the sign(s) with the plans and specifications for the proposed land development project. The proposed sign(s) will be reviewed and approved in conjunction with the site plan review, aesthetic review, and building permit review. In Page 15 of 36 Proposed Amended Sign Code Attachment 2 addition, in cases in which the applicant has requested a variance, waiver, or other zoning approval in conjunction with the sign application, the decision time period shall be suspended while the applicant seeks such zoning approval. In the event that no decision is made within 45 days following the filing of a completed application, the application shall be deemed denied and the applicant may then appeal the decision to the construction board of adjustment. Sec. 94-33. Issuance of permit. (a) Upon the receipt of a completed building permit application and upon payment of the appropriate building permit fee by the applicant, the administrator shall promptly conduct an investigation of the application, the proposed sign and the premises. In addition, if required under sections 22-36 et seq., City Code, the administrator shall forward the application to the community appearance board for review and consideration. (b) If, after review and investigation as required herein, the administrator determines that the application meets the requirements contained in this chapter and determines the proposed sign will not violate any building, electrical, and aesthetic or other adopted codes of the city, the administrator shall issue the permit or issue the permit with conditions (which means legal conditions existing in the City Code). If the work authorized by the permit has not been completed within six months after the date of issuance, the permit shall become null and void, unless the administrator grants an extension of time, not to exceed three months, for good cause shown. (c) If, after review and investigation as required herein, the administrator determines that one or more reasons for denial exist, the permit shall be denied and the administrator shall make a written report of the denial and the reasons therefore. A copy of the report shall be sent by certified mail to the designated return address of the applicant on the application. The application for a permit shall be denied if one or more of the following conditions are found to exist: (1) The application does not comply with the requirements of this chapter; or (2) The application would violate any building, electrical, aesthetic or other adopted codes of the city. (d) Any person denied a building permit for signs may file as a matter of right a written notice of appeal to the construction board of adjustment within ten calendar days after rendition of the denial pursuant to the provisions of this section; except, however, issues decided by the community appearance board or the city council pursuant to sections 22- 36 et seq., City Code, or in conjunction with a site plan application, shall not be appealed to the construction board of adjustment and shall be appealed under the applicable provisions set forth in sections 22-36 et seq. and the site plan review procedures. The Page 16 of 36 Proposed Amended Sign Code Attachment 2 construction board of adjustment shall hold a hearing and decide the appeal within 30 calendar days from the date the notice is received by the construction board of adjustment. The appellant shall be afforded minimum due process including, but not limited to, the right to notice of the hearing, a fair opportunity to be heard in person and through counsel, to present evidence, and to cross-examine witnesses. The decision of the construction board of adjustment shall be final. No further exhaustion of administrative remedies shall be necessary for judicial review of the administrative action. Any person aggrieved by a final decision of the construction board of adjustment may immediately appeal the decision as a matter of right by filing an appropriate pleading with a court of competent jurisdiction. A prompt review and decision shall be rendered by the court. The record of the hearing shall consist of the complete record of the proceedings before the construction board of adjustment. Sec. 94-34. Revocation of permit. The administrator is authorized and empowered to revoke any permit issued under this chapter for failure of the permittee to comply with any of the sections of this chapter. Such revocation shall be in writing and shall show cause for the revocation notice. Within seven days after the mailing of notice, the permit holder may request, in writing to the city manager, a hearing before the construction board of adjustment to show cause why the permit should not be revoked. The construction board of adjustment shall hold a hearing and decide the appeal within 30 calendar days from the date the notice is received by the city manager. The permittee shall be afforded minimum due process including, but not limited to, the right to notice of the hearing, a fair opportunity to be heard in person and through counsel, to present evidence, and to cross- examine witnesses. The decision of the construction board of adjustment shall be final. No further exhaustion of administrative remedies shall be necessary for judicial review of the revocation decision. Any person aggrieved by a final decision of the construction board of adjustment may immediately appeal the decision as a matter of right by filing an appropriate pleading with a court of competent jurisdiction. A prompt review and decision shall be rendered by the court. The record of the hearing shall consist of the complete record of the proceedings before the construction board of adjustment. Sec. 94-35. Fees. Permit and inspection fees for the erection, alteration or relocation of a sign, exclusive of any costs for an electrical permit, shall be set forth in appendix B. schedule of fees, to this Code and shall include fees for the following: (1) In addition, fees for signs are calculated by using contract amount consistent with the city's schedule of fees; (2) Reinspection; and (3) If any person commences any work before obtaining the necessary permit, all fees shall be doubled. Page 17 of 36 Proposed Amended Sign Code Attachment 2 (4) As an incentive to encourage the establishment of new businesses within the city, the administrator is authorized to waive sign permitting fees for any temporary signage application that is filed within 30 days after obtaining the businesses' initial Business Tax Receipt issued by the city , the eity manager- shall be atithefized to .- . '�Fmittiflg fees for- any sigii appheation that is filed for- purposes of elifninating or- medif�,ing a ehapter-• Sec. 94-36. Inspection by administrator. The administrator is empowered to enter or inspect any building, structure or premises in the city upon which or in connection with which a sign is located, for the purpose of inspection of the sign, its structural details and electrical connections and to ensure compliance with this chapter. Such inspections shall be carried out during business hours, unless an emergency exists. Sec. 94-37. Notice for inspections. The person constructing, erecting or relocating a sign for which a permit, is required shall notify the building department at all stages of construction that requires inspection and approval by the administrator. Authority for and time of such inspections shall be as follows: (1) A footing inspection for all detached signs shall be required; (2) A final structural inspection shall be required at completion of the work on all types of signs; and (3) A final electrical inspection shall be required on all signs containing electrical components and wiring to be connected to an electrical energy source. (4) Other inspections as required by the adopted building code. Secs. 94-38-94-60. Reserved Page 18 of 36 Proposed Amended Sign Code Attachment 2 ARTICLE III. SIZE, LOCATION AND CONSTRUCTION Sec. 94-61. Restrictions on placement. (a) No sign or banner shall be suspended across any public street, avenue or alley, unless approved by the city council in situations when the street, avenue, or alley will be closed to vehicular traffic at the location of the sign or banner or the city council has determined that the sign or banner will not constitute a hazardous sign or banner under the definition set forth in section 94-1 and the provisions set forth in section 94-62. (b) No sign shall be painted, pasted, printed or nailed on any curb or sidewalk or upon any trees, light standards, utility poles, hydrants, benches, bridges or any structures, other than awnings, within the property lines of any street, avenue or alley within the limits of the city. (c) No sign shall be attached to any private wall, window, door, gate, fence or to any other private structure, without the written permission of the owner or lessee and without compliance with the provisions of this chapter. Sec. 94-62. Abandoned and hazardous signs. (a) Abandoned signs. It shall be unlawful for any permittee or owner of a sign to fail or refuse to remove any sign, after ten days of the service of notice from the administrator, which advertises a business or product which has not been conducted or sold at the premises where the sign is located for more than six consecutive months prior to the date of the notice from the administrator. If the order to remove is not complied with, the administrator may remove the sign, and an assessment lien, on parity with real estate taxes, may be filed against the property for the expense incurred in removal of the sign. (b) Hazardous signs. The administrator shall refuse to issue a permit for any sign, which will constitute a hazard and a potential menace to the safety of the public, and the administrator may require the removal of any sign which is not properly maintained or which is or will become unsafe and constitute a hazard to the safety of the public. It shall be unlawful for any permittee or owner to continue to display any sign that constitutes a hazard to the safety of the public. It shall be unlawful for any permittee or owner to continue to display any sign that constitutes a hazard after 48 hours from the time of notice by the administrator requesting the removal of such sign, unless within that time, the permittee or owner shall have filed with the administrator notice of his or her intention to appeal his decision to the code enforcement board, or the administrator has determined that exigent circumstances exist that require the immediate removal of the sign in order to abate the public hazard. Any such sign displayed more than 48 hours after Page 19 of 36 Proposed Amended Sign Code Attachment 2 notice to remove the sign may be removed by the city at the expense of the permittee or owner, unless the matter is pending an appeal to the code enforcement board or unless the decision of the administrator has been reversed by the code enforcement board. (c) Signs constituting traffic hazard. No sign or other advertising structure as regulated by this chapter shall be erected at the intersection of any street in such a manner as to obstruct free and clear vision; at any location where, because of the position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device; or which makes use of any word commonly used on traffic control signs or signals. Visibility at intersections shall be in accordance with the figure [found in section] 94-1 Sec. 94-63. Lighting. (a) Gooseneck reflectors, spotlights, floodlights and other lights shall be permitted on ground signs and wall signs. However, the reflectors shall be provided with proper lenses concentrating the illumination upon the area of the sign so as to prevent the glare upon the street or adjacent property. (b) Electrical signs shall comply with applicable electric codes. Sec. 94-64. Criteria and standards for measurement and placement. (a) Area. The permitted area of ground signs in all zoning districts, and unless otherwise specified in this chapter, is dependent on street frontage of the property on the basis of one square foot of sign area for each lineal foot of property frontage up to the maximum specified in each zoning district. Wall signs shall be computed on the basis of one square foot of sign area for each lineal foot of building or tenant space frontage up to the maximum allowed in each zoning section. For the purpose of determining area, the total area of a sign is that within the smallest parallelogram, triangle, circle or semicircle or combinations thereof which will completely enclose the outside perimeter of the overall sign, including the border, if any, but excluding supports. Three dimensional signs shall be measured at the largest vertical cross section. (b) Combinations of signs. Except where specifically permitted, the types and areas of signs may not be combined to allow a larger size than that listed for a single sign. Ground signs may be placed at an angle on a corner at no increase in size over that of a single sign. The sum or the area of the faces visible from any one point shall not exceed that allowed for a single sign. Page 20 of 36 Proposed Amended Sign Code Attachment 2 (c) Corner lots. Where two ground signs are used on a corner lot, the area of both signs may not exceed the area allowed for frontage as provided in subsection (a). (d) Display of permit number. The sign permit number for all signs requiring a permit shall be prominently displayed by the owner or user of the sign on the property where the sign is located. (e) Height, setback and location measurements. Measurements for setback and location for all signs in all allowable districts shall be made from that portion of the sign nearest that point of ground reference to which the measurement is to be made, but in no event shall a sign of any kind project over public property or public rights-of-way, whether affixed to a building or otherwise. The height of signs shall be measured from grade level at the closest edge of the street paving and shall include all decorative portions of the sign. All setback measurements shall be made from the property lines as a point of reference to the projecting edge or corner of the sign, unless otherwise specified. (f) Ground signs. Ground signs shall be set back a minimum of six feet from the property line. No ground sign shall be placed within the visibility triangle (refer to figure in section 94-1). (g) Size limit. No ground sign shall be supported so that the uppermost edge is more than 20 feet above the grade level from edge of street pavement. This subsection shall not apply to any sign on the face of the building. Any sign that is not attached to a building shall not exceed 150 square feet on its largest front. Sec. 94-65. Aesthetic requirements of signs. The city council may adopt, by resolution or ordinance, general aesthetic requirements which pertain specifically to signs and wall murals permitted by this chapter. Said requirements may include form -based regulations (e.g. signage size, materials, illumination, placement, landscaping, scale, etc.) through the use of words, pictures and diagrams that identify acceptable and unacceptable signage consistent with the requirements of this chapter. Upon adoption, said requirements shall be deemed fully incorporated into this chapter and shall have the force of law. Secs. 94-66-94-75. Reserved. Page 21 of 36 Proposed Amended Sign Code Attachment 2 DIVISION 2. TYPES OF SIGNS Sec. 94-76. Temporary on -premises signs. (1) Temporary on -premise signs must comply with the temporary signage table below. On -Premises_ Temporary signage table. Type and use Conditions Temporary sign in enteral a, b, c, d, e, f,g h i j1 Temporary signage on gubernatorial, presidential, city, county and c, d, e, f, g, h, i, j, k, any state and federal primary Election Day and during the 30 days prior to and five days after the Election Day. Banner Signe,g h 1 Bag Sign a, e, m Sandwich Board e, g, h, i, j, n (2) The following conditions shall applyty temporary sign unless otherwise provided in the temporary signage table set forth above. a. The temporary signage shall: (i) not be posted more than fourteen (14) days prior to the commencement of the scheduled event or occurrence, unless a sooner time period is required by law, and (ii) be removed when the sign has fulfilled its purpose (e.g., the scheduled event or occurrence has concluded). b. One temporary sign is allowed for every 150 linear feet of property frontage, or portion thereof unless additional signage is authorized and required by state or federal law. Individual tenant spaces shall be permitted one temporary sign for each tenant space or unit, regardless of property frontage. c. On residential property, no temporary sign shall exceed six square feet. d. On nonresidential property, no temporary sign shall exceed 32 square feet. e. The temporary sign may be double-faced (back-to-back) and only one side of a double- faced sign shall be counted for sign area calculations. f. The maximum height shall be four feet on residential property, or eight feet on any non- residential property. g_ Minimum setbacks for any -part of the temporary sign structure shall be a minimum of two feet from any right -of -w". Page 22 of 36 Proposed Amended Sign Code Attachment 2 h. No part of any temporary sign shall be placed within the right-of-way or within the visibility triangle or in any way which impedes pedestrian and/or vehicular traffic safety. No part of any temporary sign shall be located so as to reduce any required parking area. No part of any temporary sign shall be located in such a way that it restricts a pedestrian way and/or sidewalk to less than forty-four (44) inches in width. Temporary signs shall be removed and brought inside a building when there are storm warnings so as not to become a hazard during a storm event i. Shall be freestanding and shall not rely on any support that is not a part of the sign. J. The temporary sign shall be constructed of sturdy material such as wood, hard1p astic, vinyl, hardboard or particle board of sufficient thickness so as to withstand the weather elements commonly experienced within the city. Cardboard and paper -faced temporary signs are strictly prohibited unless they are safely fastened, in their entirety, to a backing made of material set forth in this section. k. With property owner's consent, during gubernatorial, presidential, county and city election years, temporary signs may be placed on Election Day and during the 30 days prior to and five days after the Election Day. 1. A maximum of one banner sign may be erected on nonresidential property not to exceed 96 square feet, and on residential property not to exceed 12 square feet. A banner sign may be erected for a maximum of 30 consecutive days on nonresidential property and a maximum of 14 consecutive days on residential property one (1) time during any calendar year. A banner sign must be securely fastened in a manner to withstand weather elements commonly experienced in the cid. m. Bag signs shall be allowed for 180 days when the copy area of an existing ground sign been damaged and is awaiting repair, when the business has vacated the property or when the copy area is being replaced to accommodate a new or renamed business. The administrator may grant an extension of time for good cause shown provided any extension shall not exceed 180 calendar days. n. Sandwich Boards: One Sandwich Board is allowed for each business located in the C1, C2 and M1 zoning districts. Sandwich Boards must comply with the following requirements: (1) Shall not exceed five (5) feet in overall height. (2) Shall not exceed twelve (12) square feet in area. (3) Shall not be displayed from dusk to daybreak. (5) Shall be substantially secured or weighted to resist movement. (6) Shall not encroach into vehicular circulation areas or be located so as to reduce parking areas. Page 23 of 36 Proposed Amended Sign Code Attachment 2 a eightji P��_ NOM I� (7) The niaximufn height of any temper-afy sign shall be fe�r- feet en fesidei4iaj- an)non0 Page 24 of 36 NOM I� Page 24 of 36 Proposed Amended Sign Code Attachment 2 Sec. 94-77. Emergency response system. For 911 and emergency response purposes, the primary address of the building shall be displayed on the property and shall be visible from the public or private street. For commercial and industrial buildings, the address or range of addresses shall be incorporated into the signage permitted for the property with numerals/letters a minimum of six inches in height in contrasting colors, but the address shall not be counted against allowable copy area. In addition to the address being posted on a single-family residential mailbox or single-family dwelling, a sign not to exceed three square feet may be posted on the dwelling at the main entrance or in the yard, provided the sign is visible from the public or private street. The address shall not be counted against allowable copy area. The display shall be posted in a manner that is consistent with the fire and life safety industry standards for posting such emergency response displays. Page 25 of 36 Nn MIMV�l 1111 NOMMI-1110,11 , Sec. 94-77. Emergency response system. For 911 and emergency response purposes, the primary address of the building shall be displayed on the property and shall be visible from the public or private street. For commercial and industrial buildings, the address or range of addresses shall be incorporated into the signage permitted for the property with numerals/letters a minimum of six inches in height in contrasting colors, but the address shall not be counted against allowable copy area. In addition to the address being posted on a single-family residential mailbox or single-family dwelling, a sign not to exceed three square feet may be posted on the dwelling at the main entrance or in the yard, provided the sign is visible from the public or private street. The address shall not be counted against allowable copy area. The display shall be posted in a manner that is consistent with the fire and life safety industry standards for posting such emergency response displays. Page 25 of 36 Proposed Amended Sign Code Attachment 2 Sec. 94-78. Electronic signs. Electronic signs may be approved under this chapter provided the proposed electronic sign satisfies the following requirements: (a) A maximum of one electronic sign may be incorporated into a monument sign alld- shall let be pai4 of e ethe f kind of sign el.,, ing but net limited to, a pal -e or pylon sign. The electronic sign must be in compliance with all applicable provisions of this chapter. However, if the-pfeperty eannet aeee eda building and set b ek ast,.e;..ts of the p pei4y an eleet..e.,;e sign maybe iaeofperate a if to a pylea 4gi . Further, an electronic sign shall not be a portable or stand alone standalene sign and shall be mounted in a permanent cabinet. (b) The eleetr-enie sign shall not be installed highef than ten feet 4em gr-ade level, un ted in a ..le„ sign „tl.erize,l by this ehapter (eb) The size of the electronic sign shall be limited to a maximum size equal to 32 square feet. The maximum area of the sign shall not exceed 120 square feet. The electronic sign shall be fully incorporated within the outer perimeter of the sign. Further, the size of the electronic sign shall be included in the calculation for the total signage allowed for the property and the overall size limitation for a particular sign. (dc) The electronic sign shall be limited to display of statie alphanumeric characters only. Nonstatie Moving graphic displays of non alphanumeric characters (such as simulations of fireworks, bouncing hearts, lighthouses, human bodies, and cartoon characters) shall be prohibited. (ed) The display time for each message containing alphanumeric characters shall be a minimum time period of seven four 4 consecutive seconds per display, and the message shall ehapige instantanee -- sly. (f) Notwithstanding afty eentfaf�, pr-evisien in thi !Xisting pylon of pole sign whie (1) The pole of pylon sign shall be ,-ed eed in height to 15 feet e.. lewef: (ge) The electronic sign shall be set to a specific brightness level and shall electronically respond to changing light conditions (e.g., change from day to night or to darkness related to weather). Written certification shall be provided with the sign permit application from the sign manufacturer that the sign has been preset to not to exceed the following light level standard as measured in nits, as follows: (1) Maximum daytime level at 6,000 nits. Page 26 of 36 Proposed Amended Sign Code Attachment 2 (2) Maximum nighttime level at 500 nits. Further, the preset light level shall be protected from end user manipulations by password protected software or other acceptable methods. (1}f) If the electronic sign malfunctions, the message, if displayed, shall be maintained at a maximum light level of 500 nits, or the sign shall be made inactive until the sign is repaired. Sec. 94-79. Projecting signs. A projecting sign shall be permitted provided the following minimum standards are satisfied: (a) It shall not be larger than six feet in its greatest dimension. (b) It shall not encroach into a required building setback by more than three feet. (c) The lowest portion of the sign shall be at least seven and one-half feet above grade. (d) It shall not project into a vehicular pathway. (e) It shall not extend above the eave or parapet line of the building wall on which it is affixed. Sec. 94-80. Off -premises signs. No off -premises sign shall be erected in the city, except temporary off -premises signs may be permitted in accordance with section 94-81. Any off -premises sign erected in violation of this section shall be removed within 48 hours of notice to the sign owner and property owner. However, temporary off -premises signs erected in violation of this section shall be removed immediately. If the sign owner or property owner fails to remove the sign, the city shall do so at the sign owner's or property owner's expense. The city shall also have the right to impose an assessment lien, on parity with real estate taxes, on the property for any removal expenses incurred by the city to remove the unlawful off -premises sign. Sec. 94-81. Temporary off -premises signs. (a) Temporary off -premises signs may be erected upon issuance of a permit by the Administrator, provided the temporary off -premises sign(s) meets the following conditions: (1) The activity or place so displayed or promoted on the sign will occur or be located within the jurisdictional boundaries of the city. (2) The property owner on which the sign will be erected has consented to the placement of the sign. Page 27 of 36 Proposed Amended Sign Code Attachment 2 (3) The type, use, size, height, and placement of the sign shall comply with the requirements set forth in section 94-76 for temporary on -premises signs. (4) No sign shall be erected on or within any right-of-way or within the visibility triangle. (b) Any permit issued under this section shall have a maximum duration of 15 calendar days. Further, a maximum of one permit shall be issued per activity or event being displayed on the sign. In addition, there shall be a four -permit limitation per calendar year for any particular location within the jurisdictional boundaries of the city. Sec. 94-82. Awnings and canopies. (a) Signs on awnings shall be allowed only on that vertical portion commonly referred to as the valance or fringe and shall be calculated as a portion of any allowable wall sign. (b) Signs on canopies shall be allowed only when calculated as a portion of any allowable wall sign. (c) Address numbers on canopies and awnings shall not be considered as a portion of the allowable wall signage area. Sec. 94-83. Home occupation signs. A home occupation sign that is nonilluminated and does not exceed two square feet in area concerned shall be allowed per district requirements if it is affixed flat against the exterior surface at a position not more than two feet distant from the main entrance of the dwelling unit. There shall be no more than one of these signs per unit. Sec. 94-84. Ground signs. Ground signs shall be required to meet the criteria and standards set forth in section 94- 64 and other applicable provisions of the City Code. Sec. 94-85. Variances. . !!!!S. 0101-11 '.rte—A variance may be granted for any height, leeatio , o- size requirement under this chapter pursuant to the variance procedures set forth in chapter 110, article II. Secs. 94-8094-95. Reserved. Page 28 of 36 Proposed Amended Sign Code Attachment 2 DIVISION 3. DISTRICT REGULATIONS Sec. 94-96. R-1 low density residential district. (a) Signs are permitted in the R-1 low density residential district as listed in table 94-96-1. (b) Any sign not specifically permitted in the R-1 district is prohibited. Sec. 94-97. R-2 medium density residential district. (a) Signs are permitted in the R-2 low density residential district as listed in table 94-96-1. (b) Any sign not specifically permitted in the R-2 district is prohibited. Sec. 94-98. R-3 medium density residential district. (a) Signs are permitted in the R-3 low density residential district as listed in table 94-96-1. (b) Any sign not specifically permitted in the R-3 district is prohibited. Sec. 94-99. C-1 low density commercial district, C-2 commercial/manufacturing district and M-1 light industrial and research and development district. (a) Signs are permitted in the C-1 low density commercial district, C-2 commercial/manufacturing district and the M-1 light industrial and research and development district as listed in table 94-96-1. (b) Any sign not specifically permitted in the C-1, C-2 and M-1 districts is prohibited. Sec. 94-100. Shopping center or multitenant center in any district. Signs are permitted for shopping centers or multitenant centers in any district as listed in table 94-96-1. Table 94-96-1 District Restrictions Type of Si R-1 R-2 R-3 C-1, C-2 & M-1 Temporary On- Premises Sign Per Section 94- 76 Per Section 94- 76 Per Section 94- 76 Per Section 94 - 76 Temporary Off- Premises Sin Per Section 94- 81 Per Section 94- 81 Per Section 94- 81 Per Section 94 - 81 Max. area 6 s.f. 6 s.f. 6 s.f. 32 s.f. Max. height 4' 4' 4' 8' development a. Gefter-H4 4- 4- 4- 4- MCI*.area- 46—,.-f 46—,,.f 46—,,.-f 3 f 4' 4 4 mer rea 9f 9f 9f 9f Mwi. height 4 4 4 4 Home Max. no. 1 1 1 1 Page 29 of 36 Proposed Amended Sign Code Attachment 2 occupation Max area 2 s.f. 2 s.f. 2 s.f. 2 s.f. Ground Max. no. Prohibited 1 per street 1 per street 1 per street frontage/per frontage/per frontage access entrance access entrance Max. 2 signs max. 2 signs Max area 32 s.f. 32 s.f. One s.f. per lineal ft. of property frontage up to a max. of 150 s.f. Max. height 8' 8' 20' Max. width 25' 25' 25' Wall Max. no. Prohibited 1 1 2 per storefront or structure, provided each structure is a separate business. Max. area One s.f. per One s.f. per Parallel to street lineal foot of lineal foot of 15% of wall building wall building wall height (x) wall that the sign is that the sign is width of wall on on that sign is located on: max. 160 s.f. Perpendicular to street, 15% of wall height (x) wall width of wall that sign is located on; max. 128 s.f. I I I "area Electronic Signs Max. no. n/a n/a n/a per Section 94- 78 Max. area. n/a n/a n/a 32 sq. ft. Wall mural Prohibited Prohibited Prohibited Prohibited unless approved unless approved unless approved per 94-6O per 94-6O Secs. 94-101-94-104. Reserved. Page 30 of 36 Proposed Amended Sign Code Attachment 2 Sec. 94-105. Enforcement. (a) Removal of signs. Private signs on public property or public rights-of-way may be removed by the city or its agents without notice to the sign owner. (b) [Unsafe signs.] Should any sign be in danger of falling, or otherwise unsafe in the opinion of the code enforcement officer or the administrator, the owner thereof, or person maintaining the sign, shall, upon receipt of written notification from the Administrator or code enforcement officer, immediately secure the sign, cause it to be placed in good repair or remove the sign, or shall immediately remove the sign if the administrator has determined that exigent circumstances exist that require the abatement of a public hazard. (c) Removal of illegally erected signs. The owner, owner's agent, or person in control, of any property where an illegally erected sign is located shall have the sign immediately removed. (d) Termination of unlawful illumination. Upon receipt of written notification by the code enforcement officer or administrator that a sign is illuminated in violation of this chapter or other provisions of the City Code regulating spillover lighting, the owner, owner's agent, or person in control of the premises, shall immediately terminate the prohibited illumination of such sign. Secs. 94-106-94-109 Reserved. Sec. 94-110. Implied consent. Any person applying for, and the property owner upon which the sign will be erected, and receiving a permit for any sign hereby consents to the following: (1) Consents to complying with all provisions of this Code; and (2) Consents for city officials to come on private property to inspect all signage and to remove illegally erected signs upon reasonable advanced notice by the city. Secs. 94-111-94-114. Reserved. Sec. 94-115. Viewpoint neutral. Notwithstanding anything in this chapter or Code to the contrary, no sign or sign structure shall be subject to any limitation based upon the content (viewpoint) of the message contained on such sign or displayed on such sign structure. Secs. 94-11094-119. Reserved. Page 31 of 36 Proposed Amended Sign Code Attachment 2 Sec. 94-120. Severability. (a) General. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this chapter is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this chapter. (b) Severability where less speech results. Without diminishing or limiting in any way the declaration of severability set forth above in subsection (a), or elsewhere in this chapter, this Code, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this chapter is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article, even if such severability would result in a situation where there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise. (c) Severability of provisions pertaining to prohibited signs. Without diminishing or limiting in any way the declaration of severability set forth above in subsection (a), or elsewhere in this chapter, this Code, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this chapter or any other law is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this chapter that pertains to prohibited signs, including specifically those signs and sign types prohibited and not allowed under section 94-6. Furthermore, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of section 94-6 is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of section 94-6. (d) Severability of prohibition on off -premises signs. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this chapter and/or any other Code provisions and/or laws are declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect the prohibition on off -premise signs as contained in this chapter and Code. Page 32 of 36 Proposed Amended Sign Code Attachment 2 ARTICLE IV. NONCONFORMING SIGNS Sec. 94-121. Nonconforming signs. All signs or outdoor displays which are lawfully in existence or are lawfully erected and which do not conform to the provisions of this chapter are declared nonconforming signs. It is the intent of this chapter to recognize that the eventual elimination of nonconforming signs as expeditiously and fairly as possible is as much a subject of health, safety, and welfare as is the prohibition of new signs that would violate the provisions of this chapter. No nonconforming sign shall be changed, expanded or altered in any manner which would increase the degree of its nonconformity, or be structurally altered to prolong its useful life, or be moved in whole or in part to any other location where it would remain nonconforming. (a) Termination by abandonment: Any nonconforming sign structure, the use of which as a sign is discontinued for a period of ninety (90) consecutive days, regardless of an intent to resume or not to abandon such use, shall be presumed to be abandoned and shall not thereafter be reestablished except in full compliance with this chapter. Any period of such discontinuance caused by government actions, strikes, material shortages, or acts of God, and without any contributing fault by the nonconforming user, shall not be considered in calculatingthe he length of discontinuance for purposes of this subsection. Termination by damage or destruction: Any nonconforming sign damaged or destroyed by any means, to the extent of fifty (50) percent of its replacement cost at the time of being damaged or destroyed, shall be terminated and shall not be restored. (c) Termination by redevelopment: Whenever any revision or modification is made to a building or to site improvements, which revision or modification requires the submission of a new or substantially revised site plan or development plan, pursuant to the Land Development Code, all signs or sign structures on the parcel of land in question shall be made to conform with the current requirements of this chapter, or shall be removed. Pole Signs - Termination by amortization: Any nonconforming pole sign existing on September 16, 2014 and not terminated pursuant to any other provision of this section shall be permanently removed or modified into a pylon sign by September 16, 2016, by the installation of a non -corrosive decorative cover applied over and attached to the supporting pole(s) in accordance with industry standards of material and workmanship, except however, pole signs located within the visibility triangle shall be permanently removed or relocated from the visibility triangle by said date in compliance with this chapter. Page 33 of 36 Proposed Amended Sign Code Attachment 2 (e) Signs of a Temporary Nature - amortization. Any nonconforming sil?n which is designed to be temporary in nature or portable on September 16, 2014 including, but not limited to, window signs, portable signs, banners, sandwich boards, and other types of signs which did not require a building permit to erect shall come into compliance with the provisions of this ordinance by October 16, 2014. (f) Repair and Maintenance. Reasonable routine repair and maintenance of a nonconforming sign is permitted in accordance with the requirements of section 110-98 of the City Code. (g) Incentives. As an incentive to eliminate nonconforming signs, the city manager shall be authorized to waive sign permitting fees for any sign application that is filed for purposes of eliminating or modifying a nonconforming sign and making it in full compliance with the provisions of this chapter. Sec. 94-122. — Exceptions and appeals. (a) Upon application filed with the Administrator, the Administrator may exempt legally existing nonconforming signs from the requirements of this chapter related only to height, sign area, and projection from the building, if the sign owner can demonstrate that the nonconformity is within twenty percent 20%) of each specific requirement. However, the sign must be brought into full compliance if it is substantially damaged. (b) Freestanding signs that are nonconforming only with respect to the minimum required distance from any property lines, shall be allowed to remain in the existing location provided that no portion of the sign is located within any publicly owned right-of-way, visibility triangle, or utility easement and that no interference with clear sight distance exists, and further provided that such signs are otherwise in compliance with the terms of this chapter. Section 3. Chapter 110, Article X. AlA Economic Opportunity Overlay District, Amendment. Chapter 110, Article X. AIA Economic Opportunity Overlay District of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended to add the following new section as follows (underlined type indicates additions and str-ikeeut type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of text existing in Chapter 94. It is intended that the text in Chapter 94 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): *** Page 34 of 36 Proposed Amended Sign Code Attachment 2 Sec. 110-592. Definitions. Window sign: See Section 94-1 Definitions. ^ t•Te of illufninate illuminated sign Whie peansists af individuall leetter-s aad�ar- lages painted, posted, displayed, etehed or- other -wise ph -wed on the ipAer-iar- or- exter-ior- sur-faee of the window and intended to be viewed fr-em the atitside. Sec. 110-651. Windows and transparency. (1) Add visual interest and create a feeling of openness by incorporating window display areas and windows with architectural defining features such as window frames, sashes, muntins, glazing, paneled or decorated jambs and moldings. For purposes of this section, a window display area shall be an interior storefront or shop window area which is visible from outside the storefront or shop and designed to display an arrangement of merchandise and other items for sale or otherwise designed to attract customers to the store or place of business. A window display area shall be oriented to create outside visual interest and shall have a minimum depth of at least three (3) feet measured from the interior surface of the storefront or shop window into the store or shop and a maximum height of fifteen (15) feet measured from pedestrianrg ade. [PICTURE OMITTED] Figure 7. Windows & Transparency a. A minimum percentage of transparency along a street or primary travel way for different levels of non-residential uses shall be achieved as follows: 1. Ground level retail: 25% of surface area minimum; 2. Ground level office or other commercial uses: 15% of surface area minimum; 3. Ground level of commercial use over 25,000 SF: 10% of surface area minimum; and 4. Upper levels of all uses: 15% of surface area minimum. b. Transparency of the ground level shall be calculated within the first 15 feet of the building wall, measured vertically at street level, as illustrated in Figure 7. C. In cases where a building has more than two facades fronting a street or primary travel way, the transparency requirement shall only be required on two facades based on pedestrian traffic and vehicular visibility. d. All ground level windows shall be required to meet the minimum transparency requirements by providingeither ither pr-evide direct views to the building's interior or to a lit window display area extending ^ minifntim e f th ee feet i,ehind the windew. windWindow signs may be placed within the window display area, without limitation, provided any such window sign Page 35 of 36 Proposed Amended Sign Code Attachment 2 affixed to or in contact with the window glass shall not exceed twenty-five (25) percent of the total window glass area fronting the window display area. Further, window signs outside of a window display area shall be prohibited unless such signs are exempted under section 94-4LLf the City Code based on the amount of such signs that exist within total window glass area that is not incorporated into the window display area. e. Ground level windows shall extend above a minimum 18 to 24 inch base. A continuous curtain wall of glass which exceeds 30 feet in width and 15 feet in height without intervening vertical and horizontal breaks of at least 24 to 36 inches, shall be prohibited. g. Street facing, ground floor windows shall be comprised of non -tinted, clear glass. h. Windows on the upper levels of buildings may be comprised of tinted glass to reduce glare and unnecessary reflection. See. 110-709. Business Park/Area Multi-user Sign. Pursuant to a Developer's Agreement approved by Council, a multi-user sign may be erected on SR AIA, Center Street and/or Central Boulevard to provide signage for properties/businesses located along Central Street, Imperial Boulevard, Brown Circle, and Commerce Street. Page 36 of 36 Attachment 3 ORDINANCE NO. 08-2014 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, PROVIDING FOR THE REGULATION OF SIGNAGE; PROVIDING FOR COMPREHENSIVE AMENDMENTS TO CHAPTER 94, SIGNS, OF THE CODE OF ORDINANCES; AMENDING THE SIGNAGE REQUIREMENTS FOR THE AlA ECONOMIC OPPORTUNITY OVERLAY DISTRICT; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council desires to update the City's sign code regulations in accordance with the amendments contained herein; and WHEREAS, through the enactment of this Ordinance, the City Council desires to preserve and improve the quality of urban life and aesthetics within the City of Cape Canaveral. See Members of the City Council v. Taxpayers for Vincent, 466 U.S. 789 (1984); Metromedia, Inc. v. City of San Diego, 453 U.S. 490 (1981); and WHEREAS, the City Council finds that the regulation of signage within the City of Cape Canaveral, as provided herein, are unrelated to viewpoint and the content of any message, and will further the City's legitimate and substantial government interest in minimizing sight pollution and traffic and safety hazards to persons and property; and WHEREAS, the City Council finds that the goals of this Ordinance are content neutral and unrelated to the suppression of free expression; and WHEREAS, aesthetic interests are a legitimate basis for regulating signs. See, e.g., Lake Wales v. Lamar Advertising Ass'n oLakeland, 414 So. 2d 1030 (Fla.); Messer v. City of Douglasville, Ga., 975 F. 2d 1505 (11 Cir. 1992); and WHEREAS, due to the its geographical location along the Atlantic Coast, the City of Cape Canaveral is exposed to salty ocean air, which contributes to accelerated corrosion and rusting of steel and other corrosive alloys; and WHEREAS, many existing ground signs located in the City of Cape Canaveral are structurally supported by exposed vertical supports comprised of steel or other corrosive alloys which rust; and City of Cape Canaveral Ordinance No. 08-2014 Page 1 of 21 WHEREAS, requiring that exposed vertical supports comprised of steel and other corrosive alloys be covered with a non -corrosive decorative cover, as required by the amendments contained herein, is intended to improve the aesthetic appearance of ground signs with exposed vertical supports; and WHEREAS, the City desires, through adoption of this Ordinance, to provide for the modernization and beautification of pole signs to enhance the properties upon which such signs are located, to revitalize interest in local businesses, and to generally improve community aesthetics; and WHEREAS, the City's Planning and Zoning Board reviewed this Ordinance at several public meetings and on October 9, 2013, recommended approval of this Ordinance to the City Council; and WHEREAS, the City Council of the City of Cape Canaveral finds that this Ordinance is in the best interests of the public health, safety, and welfare of the residents and businesses of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Chapter 94 Code Amendment. Chapter 94, Signs, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and s eeu type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of text existing in Chapter 94. It is intended that the text in Chapter 94 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 94. SIGNS ARTICLE I. IN GENERAL Sec. 94-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Accent lighting means eleetr-ieisshar-ge–Wttac-1;—Rs any method of external illumination that is intended to draw attention to an integral decorative or architectural feature of the building and not connected or giving the appearance of any connection to the overall signage City of Cape Canaveral Ordinance No. 08-2014 Page 2 of 21 of the project. Accent lighting shall be reviewed in accordance with Article III of Chapter 22 of this Code. Banner sign means any sign having the characters, letters, illustrations or ornamentation applied to cloth, paper or fabric including animated, rotating and/or fluttering devices, feather signs, flags and pennants (which do not comply with the definition of flag or pennant under this chapter) but excluding government flags for the purposes of this chapter, designated to attract attention. Discontinued sign shall mean any sign located on real property which has been vacant and unoccupied for a period of ninety (90) days or more; or any sign face which advertises a service no longer conducted or product no longer sold upon the premises where the sign is located. Such sign (face and/or structure) shall be considered nonconforming in accordance with Article IV of this Chapter. Hazardous sign is any sign which constitutes a vehicular and/or pedestrian hazard or a detriment to traffic safety by reason of its size, location, movement, content, coloring, or method of illumination, or which obstructs the visibility of any official traffic -control device or which diverts or tends to divert the attention of drivers of moving vehicles from traffic movement on streets, roads, intersections, or access facilities. No sign shall be erected in such a manner as to obstruct the vision of pedestrians. The use of flashing, running, or revolving lights in any sign is prohibited. Any sign which by glare or method of illumination constitutes a hazard to traffic is prohibited. Any sign which displays or incorporates into the graphic display an}�dgpiction or simulation identical to or similar to those used for officially recognized traffic signalization, direction or control shall be prohibited. Pole signs are signs that are supported by one or more exposed vertical supports of any shape which are comprised of steel or other corrosive alloys. Two examples of a pole sign are: Pylon signs are signs that are supported by one or more exposed vertical supports which are encased within a single, non -corrosive decorative cover. Non -corrosive decorative cover shall mean any material(s) suitable for installation as a pole sign cover in accordance with industry standards of material and workmanship, applied over and attached to the supporting City of Cape Canaveral Ordinance No. 08-2014 Page 3 of 21 poles(s), including all attachments and fasteners thereto, which shall contain no steel or other corrosive alloys. Such pole sign cover shall have a minimum width of not less than 1 and 1/2 times the depth of the cabinet, but not less than 12 inches, and maximum depth equal to the depth of the sign cabinet. One (1) example of a pylon sign is: Scheduled event or occurrence means a singular preplanned, temporary happening during a particular interval of time on the site advertised. Examples of scheduled events or occurrences include a property for sale, a coming site development, a grand opening, a retail sale, an outdoor event, and other similar temporary events. Sign means any object, surface, fabric, device or display, whether illuminated or nonilluminated, designed to advertise, identify, announce, direct or inform the public, and that is placed visible by the public off-site from the right-of- way or other properties (not on the site where the sign is located). For purposes of this chapter, the term "sign" includes all structural members. Swe�Right-of--way means n pei4 y whieh : eommit4ed for use as a publ a aeeess r-eute land used for pedestrian and vehicular roadway purposes including_ reserved, used or to be used as a street, alley, sidewalk, walkway, trail and trail heads, and related public areas such as medians, drainage facilities, and grass shoulders. One example of a right-of-way: [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] City of Cape Canaveral Ordinance No. 08-2014 Page 4 of 21 Utility Pole line Pole Utility Pole Grass shoulder Grass shoulder Roadway Roadway Grass shoulder Cb / Is_JUtility oulder Sidew SiPole UtilityPole Pole Property lines �'i roperty lines The right-of-way can be thought of as the public's space between property lines. In this example, the sidewalks and utility poles are at the property lines. Right-of-way Temporary signs means a sign displayed for a scheduled event or occurrence before, during oF after- an event oF oeeuFFenee seheduled at a speeifie time and plaGe 0 which is not designed or intended to be placed permanently ifieltisive for--e*amPle, for- signs, zo -tee . — I 3nstmefiea signs, feal estate signs, management signs, seeial or- speeial event signs. Temnorary siens include onlv those signs expressly referenced in section 94-76 — Temnorary Sign Table. Warniniz sign means a sign required by law or intended to inform the viewer of dangerous and/or restrictive conditions on the premises. Window lighting means any source of illumination intended to illuminate or draw attention to any display that is part of a window sign. Window sign means ' a� signs affixed to, in contact with or placed in the interior or exterior windows of a structure, and which can be viewed from the outside of the structure. City of Cape Canaveral Ordinance No. 08-2014 Page 5 of 21 Cd 3 0 on See. 94-4. Exemptions. The following signs may be erected without a permit, subject, however, to all remaining requirements of these regulations: (6) Unless otherwise prohibited under this subsection for safety purposes, interior window signs shall be allowed provided they are located at or below fifteen (15) feet from pedestrian grade. Pedestrian grade shall be measured from the walking surface nearest the window of the subject building. Window signs above fifteen (15) feet from pedestrian grade shall be prohibited. Window signs permitted by this subsection shall not exceed twenty-five (25) percent of the total window glass area at or below fifteen feet from pedestrian grade for each side of the building or unit thereof unless permitted within a window display area allowed under Chapter 110, Article X. AIA Economic Opportunity Overlav District. th-M aR- .,,.t o eed 25 30 e-fi* of *'-e- total wind@w ,.'„-q-q -;4h-A-Nze ten feet ffem grade, when added to the total eyiisting signetee building or- unit thereof-, does not eause the total signage eepy aFeea f-Aff- the, building @F unit thereof to e*eeed the ffiwiimwufn total signage eepy area allowed fef the pal4ietilar- bUilai^^ OF HH4 th ffe^f Further, all sales transaction and cash register areas, as well as any other areas that may be deemed as necessary for viewing for public safety purposes by a law enforcement agency, shall not be obstructed from view from the outside of the building by a window sign_ (7) Temporary signs on residential property that do not exceed six square feet -and -en nenfesidential pr-epei4y that do not exeeed 12 square feet, provided the signs fneet t feet, but are iess than 32 squar-e feet, may be authorized by peniak under- this ehaptef. Signs erected entirely within the confines of a commercial establishment, provided they cannot be viewed from a public right-of-way. Warning signs. Temporary signs approved under an outdoor entertainment event permit. 16 Any sign erected or temporarily placed by the city or other governmental body. City of Cape Canaveral Ordinance No. 08-2014 Page 6 of 21 Sec. 94-6. Prohibited signs and features. The following signs and features are strictly prohibited: (d) Portable signs. Any sign, excluding vehicular signs, which is mobile or is not securely and permanently attached to the ground or a building is prohibited, except a sandwich board is permitted in accordance with section 94-76 pf:evided it is efily displayed outside during aema-al- busifie'ss houn; of -the bllsiniax;'; thas is displaying th-e-, s-an-dwie-Ah- board. (bb) Signs placed on fences or gates, other than warning signs. cc Window lighting except for window signs authorized by section 94-4(6). Temporary signs, except permitted types and uses specified in section 94-76. ee Any other sign, feature, or outdoor advertising display that does not comply with the provisions of this chapter. ARTICLE II. PERMITS AND INSPECTIONS Sec. 94-31. Permit Required. (a) Except as otherwise provided in this chapter, it shall be unlawful for any person to change a sign face, change the name of a business displayed on a sign, alter, erect, construct, enlarge, move, or make structural alterations to any sign within the city, or cause such to be done without first obtaining a sign permit This shall not be construed to require any permit for a change of moveable alphanumeric characters on a sign designed for such moveable characters or a change of display on an electronic sign ^ I so long as the stfuetur-eof Any sign which is not specifically allowed by this chapter is prohibited. Sec. 94-35. Fees. Permit and inspection fees for the erection, alteration or relocation of a sign, exclusive of any costs for an electrical permit, shall be set forth in appendix B, schedule of fees, to this Code and shall include fees for the following: City of Cape Canaveral Ordinance No. 08-2014 Page 7 of 21 (4) As an incentive to encourage the establishment of new businesses within the city, the administrator is authorized to waive sign permitting fees for any temporary signage application that is filed within 30 days after obtaining the businesses' initial Business Tax Receipt issued by the city eliminate neneenfoFmingthe eity manager- shall b -e t -ees for- any sign applieation that is filed for- pur-poses- of elifninating or- modifying a noneenfefmiag sign and making it in full eemplianee with the pr-evisions of this ehapter. ARTICLE III. SIZE, LOCATION AND CONSTRUCTION DIVISION 2. TYPES OF SIGNS Sec. 94-76. Temporary on -premises signs. (1) Temporary on -premise signs must comply with the temporary signage table below. On -Premises Temporary signage table: Type and use Conditions Temporary sign — ineg neral a, b, c, d, e, f, g h, i, i, Temporary signage on gubernatorial, presidential, county, city, c, d, e, f,g_h=i, j, k, and any state and federal primary Election Day and during the 30 days prior to and five days after the Election Day. Banner Sign Bag Sign a, e, m Sandwich Board �h,i,t,n City of Cape Canaveral Ordinance No. 08-2014 Page 8 of 21 (2) The following conditions shall apply to any temporary sign unless otherwise provided in the temporary signage table set forth above. A. The temporary signage shall: (i) not be posted more than fourteen (14) days prior to the commencement of the scheduled event or occurrence, unless a sooner time period is required by law, and (ii) be removed when the sign has fulfilled its purpose (e.g., the scheduled event or occurrence has concluded). b. One temporary sign is allowed for every 150 linear feet of property frontage, or portion thereof unless additional signage is authorized and required by state or federal law. Individual tenant spaces shall be permitted one temporary sign for each tenant space or unit, regardless of property frontage. c. On residential property, no teMporgy sign shall exceed six square feet. d. On nonresidential property, no temporary sign shall exceed 32 square feet. e. The temporary sign may be double-faced (back-to-back) and only one side of a double-faced sign shall be counted for sign area calculations. f. The maximum height shall be four feet on residential property, or eight feet on any non-residential property. g. Minimum setbacks for any part of the temporary sign structure shall be a minimum of two feet from anyright-of-way. h. No part of any temporary sign shall be placed within the right-of-way or within the visibility triangle or in any way which impedes pedestrian and/or vehicular traffic safety, No part of any temporary sign shall be located so as to reduce any required parking area. No part of any temporary sign shall be located in such a way that it restricts a pedestrian way and/or sidewalk to less than forty-four44) inches in width. Temporary signs shall be removed and brought inside a building when there are storm warnings so as not to become a hazard during a storm event i. Shall be freestanding and shall not rely on any support that is not a part of the sign. L The temporary sign shall be constructed of sturdy material such as wood, hard plastic, vinyl, hardboard or particle board of sufficient thickness so as to withstand the weather elements commonly experienced within the city. Cardboard and paper -faced temporary signs are strictly prohibited unless they are safely fastened, in their entirety, to a backing made of material set forth in this section. k. With property owner's consent, during_ gubernatorial, primary, presidential, county and city election years, temporary ng s may be placed on Election Day and during the 30 days prior to and five days after the Election Day. City of Cape Canaveral Ordinance No. 08-2014 Page 9 of 21 1. A maximum of one banner sign may be erected on nonresidential property not to exceed 96 square feet, and on residential property not to exceed 12 square feet. A banner sign may be erected for a maximum of 30 consecutive days on nonresidential property and a maximum of 14 consecutive days on residential property one (1) time during any calendar year. A banner sign must be securely fastened in a manner to withstand weather elements commonly experienced in the city_ m. Bag signs shall be allowed for 180 days when the copy area of an existing_ ground sign has been damaged and is awaiting repair, when the business has vacated the property or when the copy area is being replaced to accommodate a new or renamed business. The administrator may grant an extension of time for good cause shown provided any extension shall not exceed 180 calendar days. n. Sandwich Boards: One sandwich board is allowed for each business located in the Cl, C2 and M1 zoning districts. Sandwich boards must comply with the following requirements: (1) Shall not exceed five (5) feet overall height_ (2) Shall not exceed twelve (12) square feet in area. (3) Shall not be displayed from dusk to daybreak. (4) Shall be substantially secured or weighted to resist movement while on display_ (5) Shall not encroach into vehicular circulation areas or be located so as to reduce parkin area reas City of Cape Canaveral Ordinance No. 08-2014 Page 10 of 21 P. City of Cape Canaveral Ordinance No. 08-2014 Page 10 of 21 • ROMFIRF City of Cape Canaveral Ordinance No. 08-2014 Page 11 of 21 ROMFIRF bF City of Cape Canaveral Ordinance No. 08-2014 Page 11 of 21 Sec. 94-78. Electronic signs. Electronic signs may be approved under this chapter provided the proposed electronic sign satisfies the following requirements: (a) A maximum of one electronic sign may be incorporated into a monument sign Mad sh-all flet b2 paA of amy$ther L;T-icxndof sign -including, but not limited to, -a poke or pylon sign. The electronic sign must be in compliance with all applicable provisions of this chapter. Howevef, Further, an electronic sign shall not be a portable or stand alone sfandalene sign and shall be mounted in a permanent cabinet. (b) The eleetFenie sigii shall not be installed higher- than ten feet ffem gr-ade level, ..loss ; .-ate 1 in a pylon sauthorized by this ..hapter, (eb) The size of the electronic sign shall be limited to a maximum size equal to 32 square feet. The maximum area of the sign shall not exceed 120 square feet. The electronic sign shall be fully incorporated within the outer perimeter of the sign. Further, City of Cape Canaveral Ordinance No. 08-2014 Page 12 of 21 MW kill • Sec. 94-78. Electronic signs. Electronic signs may be approved under this chapter provided the proposed electronic sign satisfies the following requirements: (a) A maximum of one electronic sign may be incorporated into a monument sign Mad sh-all flet b2 paA of amy$ther L;T-icxndof sign -including, but not limited to, -a poke or pylon sign. The electronic sign must be in compliance with all applicable provisions of this chapter. Howevef, Further, an electronic sign shall not be a portable or stand alone sfandalene sign and shall be mounted in a permanent cabinet. (b) The eleetFenie sigii shall not be installed higher- than ten feet ffem gr-ade level, ..loss ; .-ate 1 in a pylon sauthorized by this ..hapter, (eb) The size of the electronic sign shall be limited to a maximum size equal to 32 square feet. The maximum area of the sign shall not exceed 120 square feet. The electronic sign shall be fully incorporated within the outer perimeter of the sign. Further, City of Cape Canaveral Ordinance No. 08-2014 Page 12 of 21 the size of the electronic sign shall be included in the calculation for the total signage allowed for the property and the overall size limitation for a particular sign. (dc) The electronic sign shall be limited to display of st-axie alphanumeric characters only. Neestatie Moving graphic displays of non -alphanumeric characters (such as simulations of fireworks, bouncing hearts, lighthouses, human bodies, and cartoon characters) shall be prohibited. (ed) The display time for each message containing alphanumeric characters shall be a minimum time period of seven four 4 consecutive seconds per display, and the fres,.^ shall e1,ange inst a4ane ,tt* iTll7�rs. (3) The i „f the sign shallnet o d 120 eesquare f oot, and the � o size of the eleetfenie sign shall be limited t i size equal to 32 squar- €eek (ge) The electronic sign shall be set to a specific brightness level and shall electronically respond to changing light conditions (e.g., change from day to night or to darkness related to weather). Written certification shall be provided with the sign permit application from the sign manufacturer that the sign has been preset to not to exceed the following light level standard as measured in nits, as follows: (1) Maximum daytime level at 6,000 nits. (2) Maximum nighttime level at 500 nits. Further, the preset light level shall be protected from end user manipulations by password protected software or other acceptable methods. (kf) If the electronic sign malfunctions, the message, if displayed, shall be maintained at a maximum light level of 500 nits, or the sign shall be made inactive until the sign is repaired. City of Cape Canaveral Ordinance No. 08-2014 Page 13 of 21 Sec. 94-81. Temporary off -premises signs. (a) Temporary off -premises signs may be erected upon issuance of a permit by the Administrator provided the temporary off -premises sign(s) meets the following conditions: (3) The type, use, size, height, and placement of the sign shall comply with the requirements set forth in section 94-76 for temporary on -premises signs. Sec. 94-85. Variances. (b) —A variance may be granted for any requirement under this chapter pursuant to the variance procedures set forth in chapter 110, article II. DIVISION 3. DISTRICT REGULATIONS Table 94-96-1 District Restrictions Type of Sign R-1 R-2 R-3 C-1, C-2 & "(111111011_ M-1 (b) —A variance may be granted for any requirement under this chapter pursuant to the variance procedures set forth in chapter 110, article II. DIVISION 3. DISTRICT REGULATIONS Table 94-96-1 District Restrictions Type of Sign R-1 R-2 R-3 C-1, C-2 & M-1 Temporary Per Section Per Section Per Section Per Section On -Premises 94-76 94-76 94-76 94-76 Sign Temporary Per Section Per Section Per Section Per Section Off -Premises 94-81 94-81 94-81 94-81 Sign Max. area 6 s.f. 6 s.f. 6 s.f. 32 s.f. Max. height 4' 4' 4' 8' Are -;;16; U Rder City of Cape Canaveral Ordinance No. 08-2014 Page 14 of 21 a. Geral 4- a- 4- 4- I�Aa -arm 44-s4: 46-S:f-. 46 s Max. height 4 4 4 b. P8F subseRtFastef Maw-afea 4 4 4 4 Home Max. no. 1 1 1 1 occupation Max area 2 s.f. 2 s.f. 2 s.f. 2 s.f. Ground Max. no. Prohibited 1 per street 1 per street 1 per street frontage/per frontage/per frontage access access entrance entrance Max. 2 signs max. 2 signs Max area 32 s.f. 32 s.f. One s.f. per lineal ft. of property frontage up to a max. of 150 s.f. Max. height 8' 8' 20' Max. width 25' 25' 25' Wall Max. no. Prohibited 1 1 2 per storefront or structure, provided each structure is a separate business. Max. area One s.f. per One s.f. per Parallel to lineal foot of lineal foot of street 15% of building wall building wall wall height that the sign that the sign (x) wall width is on is on of wall that sign is located on: max. 160 s.f. Perpendicula r to street, 15% of wall height (x) wall width of wall that sign City of Cape Canaveral Ordinance No. 08-2014 Page 15 of 21 ARTICLE IV. NONCONFORMING SIGNS Sec. 94-121. Nonconforming signs. All signs or outdoor disvlays which are lawfullv in existence or are lawfullv erected and which do not conform to the provisions of this chapter are declared nonconforming signs. It is the intent of this chapter to recognize that the eventual elimination of nonconforming signs as expeditiously and fairly as possible is as much a subject of health, safety, and welfare as is the prohibition of new signs that would violate the provisions of this chapter. No nonconforming sign shall be changed, expanded or altered in any manner which would increase the degree of its nonconformity, or be structurally altered to prolong its useful life, or be moved in whole or in part to any other location where it would remain nonconforming (a) Termination by abandonment: Any nonconforming sign structure, the use of which as a sign is discontinued for a period of ninety (90) consecutive days, regardless of any intent to resume or not to abandon such use, shall be presumed to be abandoned and shall not thereafter be reestablished except in full compliance with this chapter. Any period of such discontinuance caused by government actions, strikes, material shortages, or acts of God, and without any contributing fault by the nonconforming user, shall not be considered in calculating the length of discontinuance for purposes of this subsection. Termination by damage or destruction: Any nonconforming sign damaged or destroyed by any means, to the extent of fifty (50) percent of its replacement cost at the time of being damaged or destroyed, shall be terminated and shall not be restored. (c) Termination by redevelopment: Whenever any revision or modification is made to a building or to site improvements, which revision or modification requires the submission of a new or substantially revised site plan or development plan, pursuant to the Land Development Code, all signs or sign structures on the parcel of land in question City of Cape Canaveral Ordinance No. 08-2014 Page 16 of 21 is located on; max. 128 s.f. BaRRe Ma*—.P,9-. 4- 4 4- 4- Mak-afea 42 Electronic Max. no. n/a n/a n/a per Section Signs 94-78 Max. area. n/a n/a n/a 32 sq. ft. Wall mural Prohibited Prohibited Prohibited Prohibited unless unless unless approved per approved per approved per 94-6 94-6 94-6 ARTICLE IV. NONCONFORMING SIGNS Sec. 94-121. Nonconforming signs. All signs or outdoor disvlays which are lawfullv in existence or are lawfullv erected and which do not conform to the provisions of this chapter are declared nonconforming signs. It is the intent of this chapter to recognize that the eventual elimination of nonconforming signs as expeditiously and fairly as possible is as much a subject of health, safety, and welfare as is the prohibition of new signs that would violate the provisions of this chapter. No nonconforming sign shall be changed, expanded or altered in any manner which would increase the degree of its nonconformity, or be structurally altered to prolong its useful life, or be moved in whole or in part to any other location where it would remain nonconforming (a) Termination by abandonment: Any nonconforming sign structure, the use of which as a sign is discontinued for a period of ninety (90) consecutive days, regardless of any intent to resume or not to abandon such use, shall be presumed to be abandoned and shall not thereafter be reestablished except in full compliance with this chapter. Any period of such discontinuance caused by government actions, strikes, material shortages, or acts of God, and without any contributing fault by the nonconforming user, shall not be considered in calculating the length of discontinuance for purposes of this subsection. Termination by damage or destruction: Any nonconforming sign damaged or destroyed by any means, to the extent of fifty (50) percent of its replacement cost at the time of being damaged or destroyed, shall be terminated and shall not be restored. (c) Termination by redevelopment: Whenever any revision or modification is made to a building or to site improvements, which revision or modification requires the submission of a new or substantially revised site plan or development plan, pursuant to the Land Development Code, all signs or sign structures on the parcel of land in question City of Cape Canaveral Ordinance No. 08-2014 Page 16 of 21 shall be made to conform with the current requirements of this chapter, or shall be removed. Pole Signs - Termination by amortization: Any nonconforming pole sign existing on September 16, 2014 and not terminated pursuant to any other provision of this section shall be permanently removed or modified into a pylon sign by September 16, 2016, by the installation of a non -corrosive decorative cover applied over and attached to the supportingpole(s) in accordance with industry standards of material and workmanship, except, however, pole signs located within the visibility triangle shall be permanently removed or relocated from the visibility triangle by said date in compliance with this chapter. (e) Signs of a Temporary Nature - amortization. Any nonconforming sign which is designed to be temporary in nature or portable on September 16, 2014 including, but not limited to, window signs, portable signs, banners, sandwich boards, and other types of signs which did not require a building permit to erect shall come into compliance with the provisions of this ordinance by October 16, 2014. (fl Repair and Maintenance. Reasonable routine repair and maintenance of a nonconforming sign is permitted in accordance with the requirements of section 110-98 of the Cites W Incentives. As an incentive to eliminate nonconforming signs, the city manager shall be authorized to waive sign permitting fees for any sign application that is filed for purposes of eliminating or modifying a nonconforming sign and making it in full compliance with the provisions of this chapter. Sec. 94-122. — Exceptions and appeals. (a) Upon application filed with the Administrator, the Administrator may exempt legally existing nonconforming signs from the requirements of this chapter related only to height, sign area, and projection from the building, if the sign owner can demonstrate that the nonconformity is within twenty percent (20%) of each specific requirement. However, the sign must be brought into full compliance if it is substantially damaged. Freestanding signs that are nonconforming only with respect to the minimum required distance from any property lines, shall be allowed to remain in the existing location provided that no portion of the sign is located within any publicly owned right- of-way, visibility triangle, or utility easement and that no interference with clear sight distance exists, and further provided that such signs are otherwise in compliance with the terms of this chapter. City of Cape Canaveral Ordinance No. 08-2014 Page 17 of 21 Section 3. Chapter 110, Article X. AlA Economic Opportunity Overlay District, Amendment._Chapter 110, Article X. AIA Economic Opportunity Overlay District of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended to add the following new section as follows (underlined type indicates additions and str-ikeetrt type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of text existing in Chapter 94. It is intended that the text in Chapter 94 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): E3EX3 Sec. 110-592. Definitions. Window sign: See Section 94-1 Definitions. A type of illuminated eF nen illuminated Si m,hieh eensists of individual letters anEVer- !egos painted, posted, displayed, etehed eF other -wise plaeed en the ifAer-ier- or- eiiter-ier- suffaeo of the wifidew and intended to be viewed ffeffl the eutside. *** Sec. 110-651. Windows and transparency. (1) Add visual interest and create a feeling of openness by incorporating window display areas and windows with architectural defining features such as window frames, sashes, muntins, glazing, paneled or decorated jambs and moldings. For purposes of this section, a window display area shall be an interior storefront or shop window area which is visible from outside the storefront or shop and designed to display an arrangement of merchandise and other items for sale or otherwise designed to attract customers to the store or place of business. A window display area shall be oriented to create outside visual interest and shall have a minimum depth of at least three (3) feet measured from the interior surface of the storefront or shop window into the store or shop and a maximum height of fifteen (15) feet measured from pedestrian grade. [PICTURE OMITTED] Figure 7. Windows & Transparency a. A minimum percentage of transparency along a street or primary travel way for different levels of non-residential uses shall be achieved as follows: 1. Ground level retail: 25% of surface area minimum; 2. Ground level office or other commercial uses: 15% of surface area minimum; 3. Ground level of commercial use over 25,000 SF: 10% of surface area minimum; and 4. Upper levels of all uses: 15% of surface area minimum. b. Transparency of the ground level shall be calculated within the first 15 feet of the building wall, measured vertically at street level, as illustrated in Figure 7. City of Cape Canaveral Ordinance No. 08-2014 Page 18 of 21 C. In cases where a building has more than two facades fronting a street or primary travel way, the transparency requirement shall only be required on two facades based on pedestrian traffic and vehicular visibility. d. All ground level windows shall be required to meet the minimum transparency requirements by providingeither ther premie direct views to the building's interior or to a lit window display area extending a thfeo feet b^h:.-a the - ao - Window suns may be placed within the window display area, without limitation, provided any such window sign affixed to or in contact with the window glass shall not exceed twenty-five (25) percent of the total window glass area fronting the window display area. Further, window suns outside of a window display area shall be prohibited unless such signs are exempted under section 94-4(6) of the City Code based on the amount of such signs that exist within total window glass area that is not incorporated into the window display area. e. Ground level windows shall extend above a minimum 18 to 24 inch base. f. A continuous curtain wall of glass which exceeds 30 feet in width and 15 feet in height without intervening vertical and horizontal breaks of at least 24 to 36 inches, shall be prohibited. g. Street facing, ground floor windows shall be comprised of non -tinted, clear glass. h. Windows on the upper levels of buildings may be comprised of tinted glass to reduce glare and unnecessary reflection. Sec. 110-709. Business Park/Area Multi-user Sign. Pursuant to a Developer's Agreement approved by Council, a multi-user sign may be erected on SR A 1 A, Center Street and/or Central Boulevard to provide signage for properties/businesses located along Central Street, Imperial Boulevard, Brown Circle, and Commerce Street. Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion City of Cape Canaveral Ordinance No. 08-2014 Page 19 of 21 shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. [ADOPTION PAGE FOLLOWS] City of Cape Canaveral Ordinance No. 08-2014 Page 20 of 21 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of .2014. ATTEST: Rocky Randels, Mayor FOR AGAINST John Bond Angela Apperson, City Clerk Bob Hoog First Reading: Legal Ad Published Second Reading: August 19, 2014 August 28, 2014 September 16, 2014 Buzz Petsos Rocky Randels Betty Walsh Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 08-2014 Page 21 of 21 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09/16/2014 Item No. Subject: Ordinance No. 09-2014; affecting the use of land in the City relating to medical marijuana treatment centers, whether for medical or recreational use, and relating to pain management clinics; amending Chapter 110, Zoning, of the Cape Canaveral Code of Ordinances to include "Medical Marijuana Treatment Centers" and "Pain Management Clinics" as Special Exceptions in the C1, C2, and M1 Zoning Districts and setting forth standards and requirements for such uses; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, second reading. Department: Community and Economic Development Summary: The Florida Medical Marijuana Initiative (Amendment 2; Attachment 1) is on the November 4, 2014 ballot and, if approved, would legalize the cultivation, purchase, possession and use of marijuana to treat "debilitating" diseases. Many communities throughout Florida have taken the proactive step to adopt local ordinances to govern the location and operation of medical marijuana centers. Locally, Cocoa Beach adopted an Ordinance on June 19, 2014 (Attachment 2) that will steer dispensaries to the General Commercial District through a Special Exception approval. In anticipation of the November vote, it is proposed that Cape Canaveral adopt regulations regarding the location of medical marijuana treatment centers. As drafted, Ordinance No. 09-2014 (Attachment 3) treats a marijuana treatment center similar to a pain management clinic in that these facilities would be limited to property zoned C1, C2, or M1 as a Special Exception and be subject to the following notable requirements: 1. Require a treatment center to register with the State if required by Florida law; 2. There shall be no less than one -half -mile distance between each pain management clinic and/or medical marijuana treatment center — regardless of the municipal boundaries of the City; 3. Treatment centers would also be required to be spaced a minimum of 1,000 feet from any public or private school, church or daycare facility; 4. On-site consumption of marijuana or alcohol would be prohibited; 5. A treatment facility would be required to meet daily reporting standards related to customers and number of prescriptions written and/or filled as well as in-depth personnel records of owners, operators, employees, workers, volunteers, etc.; 6. Provision for the Board of Adjustment to suspend or revoke the Special Exception due to fraud, deceit or violations of the terms or conditions of the City's approval; 7. Medical marijuana treatment centers shall only be permitted to operate between the hours of 9:00 a.m. and 7:00 p.m., Monday through Friday, and 9:00 a.m. to 12:00 p.m. on Saturday; 8. A medical marijuana treatment center shall not be permitted as a home occupation; 9. Any parking demand created by a marijuana treatment center shall not exceed the parking spaces located or allocated on-site; and City Council Meeting Date: 09/16/2014 Item No. Al Page 2 of 3 10. Places certain expectations on a landlord, a leasing agent or an owner of property leasing to a medical marijuana treatment center. For purposes of the Ordinance, a Medical marijuana treatment center is defined as "an entity that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers and is registered by the State Department of Health." On July 23, 2014, the Planning and Zoning Board recommended approval of this Ordinance with an amendment that public or private school or daycare facilities would also be required to be spaced a minimum of 1,000 feet from any treatment centers (Attachment 4). The proposed Ordinance would become effective immediately upon adoption by the City Council; however, the opening of a medical marijuana center shall only be allowed once they are deemed legal by the State of Florida should the Initiative be approved on November 4, 2014. At its August 19, 2014 meeting, the City Council requested two revisions to the draft Ordinance: 1 - churches be included in the list of land uses from which a medical marijuana treatment center would have to be spaced a minimum of 1,000 feet. The Brevard County Property Appraiser produced the radius map (Attachment 5) that shows these separations and the resulting areas that could potentially be approved for a medical marijuana treatment center; and, 2 - the Saturday operating hours of a medical marijuana treatment center, which were previously from 9:00 am to 5:00 pm; be revised to allow the facility to be open from 9:00 am to 12:00 pm (noon). Ordinance No. 09-2014 was approved at first reading on August 19, 2014. The Notice of Public Hearing was advertised in Florida Today on August 28, 2014. Submitting Department Director: Todd Morley TfA/AA Date: 09/02/14 Attachments: 1 — Initiative Information from the Florida Department of State, Division of Elections 2 — City of Cocoa Beach Ordinance No. 1581 3 — City of Cape Canaveral Ordinance No. 09-2014 4 — Planning & Zoning Board Action Form 5 — Radius Map Indicating Schools, Churches and Daycares 6 — Initiative Financial Information Statement provided by the Office of Economic and Demographic Research (EDR) Financial Impact: Initiative Financial Information Statement provided by the Office of Economic and Demographic Research (EDR) (Attachment 6); Staff time and effort to prepare this Agenda Item; costs of advertising and codification. Reviewed by Finance Director: John DeLeo ', -1) Date: City Council Meeting Date: 09/16/2014 Item No. Page 3 of 3 The City Manager recommends that City Council take the following action: Approve Ordinance No. 09-2014, second reading. City Manager: David L. Greene Date: City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications Tabled to Time Certain Initiative Information Florida Department of State Division of Elections Page 1 of 2 Attachment 1 Use of Marijuana for Certain Medical Conditions 13-02 Reference: Article X, Section 29 Summary: View Full Text (20 Allows the medical use of marijuana for individuals with debilitating diseases as determined by a licensed Florida physician. Allows caregivers to assist patients'medical use of marijuana. The Department of Health shall register and regulate centers that produce and distribute marijuana for medical purposes and shall issue identification cards to patients and caregivers. Applies only to Florida law. Does not authorize violations of federal law or any non-medical use, possession or production of marijuana. Related Links: Financial Impact Financial Information Additional Information Sponsor: People United for Medical Marijuana Contact: John Morgan, Chairperson Post Office Box 560296 20 North Orange Avenue Orlando, FL 32856- Suite 1600 (850) 845-0561 Orlando, FL 32801-0000 Signatures: "Verified Totals are UNOFFICIAL until the Initiative receives certification and a ballot number. Required for review by Attorney General: 68,314 Required to have initiative on the ballot: 683,149 *` Number currently valid: 786,368 View By District by County) Status: Active Approval Date: 07/10/2013 Undue Burden: —�C I Made Review: ^� 09/20/2013 Attorney General: 09/26/2013 Sent to Supreme Court: 10/24/2013 http://election.dos.state.fl.us/initiativeslinitdetaii.asp?account=50438&seqnum=2 7/29/2014 Initiative Information Page 2 of 2 I Supreme Court Ruling: I) Constitutional II Attachment 1 SC Ruling Date: 01/27/2014 Financial Impact Statement Date: 11/04/2013 SC Approval of Financial Impact 01/27/2014 Statement: Made Ballot: Ballot Number: 01/27/2014 2 Election Year: 2014 cetAdobt =esder http://election.dos.state.fl.us/initiatives/initdetail.asp?account=50438&seqnum=2 7/29/2014 Attachment 2 ORDINANCE NO. 1581 3 AN ORDINANCE AFFECTING THE USE OF LAND IN THE CITY OF COCOA BEACH, FLORIDA 4 RELATING TO MARIJUANA DISPENSARIES/MEDICAL MARIJUANA TREATMENT CENTERS, 5 WHETHER FOR MEDICAL OR RECREATIONAL USE; AMENDING THE CITY LAND 6 DEVELOPMENT CODE, CHAPTER III, "ZONING," BY AMENDING ARTICLE III, 7 "ESTABLISHMENT OF STANDARD DISTRICTS," SECTION 3-11, "CG GENERAL COMMERCIAL 8 DISTRICT", TO AMEND SUBSECTION E., "SPECIAL EXCEPTIONS," TO REPEAL AND REVISE 9 SUBSECTION 15., "PAIN MANAGEMENT CLINICS," TO INCLUDE AND ALLOW "MARIJUANA 10 DISPENSARIES/MEDICAL MARIJUANA TREATMENT CENTERS" AS SPECIAL EXCEPTIONS 11 IN THE CG ZONING CATEGORY AND; BY SETTING FORTH SITING STANDARDS AND 12 REQUIREMENTS FOR MARIJUANA DISPENSARIES; PROVIDING FOR CONFLICTS; 13 PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. 14 15 WHEREAS, the State of Florida is considering legalizing the dispensing of marijuana; and 16 17 WHEREAS, the City Commission has reviewed studies regarding the impacts of marijuana 18 dispensaries/medical marijuana treatment centers to the surrounding area; and 19 20 WHEREAS, the City Commission of the City of Cocoa Beach has determined that it is in the best 21 interests of the citizenry and general public to regulate the location of marijuana dispensaries/medical marijuana 22 treatment centers in the event the State of Florida legalizes said dispensaries, whether for medical or recreational 23 use; and 24 25 WHEREAS, the City Commission has the responsibility and authority to determine what uses are best 26 suited to particular zoning categories as well as land use categories within the City; and 27 28 WHEREAS, the City Commission of the City of Cocoa Beach has determined that given the potential 29 impact on the surrounding area, marijuana dispensaries/medical marijuana treatment centers should only be 30 permitted within the CG — General Commercial zoned areas of the City, as integrated into and repealing and 31 revising the Land Development Code (LDC) Chapter III, Section 3-11. CG General Commercial District, 32 Paragraph E-15, Special Exception for "Pain Management Clinics," to include "Marijuana Dispensaries/Medical 33 Marijuana Treatment Centers" after a hearing and finding by the City Board of Adjustment that said dispensary 34 meets the requirements for granting a special exception; and 35 36 WHEREAS, the City Commission of the City of Cocoa Beach has determined that it is advisable and in 37 the public interest to set certain distance and other siting standards in regard to the location and operation of 38 marijuana dispensaries/medical marijuana treatment centers; and 39 40 WHEREAS, the City Commission of the City of Cocoa Beach finds that this ordinance promotes the 41 general welfare. 42 43 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF COCOA BEACH, 44 FLORIDA, as follows: 45 46 SECTION 1. MARIJUANA DISPENSARIES/MEDICAL MARIJUANA TREATMENT CENTERS 47 ALLOWED AS SPECIAL EXCEPTION USES IN "ONLY" THE CG GENERAL COMMERCIAL 48 ZONING DISTRICT. Subsection E., "Special Exceptions," of Section 3-11, "CG General Commercial 49 District", of Article III, "Establishment of Districts" of Chapter III, "Zoning," of the Cocoa Beach Land 50 Development Code is hereby amended to repeal and revise subsection E.15, "Pain Management Clinics," to 51 include "Marijuana Dispensaries/Medical Marijuana Treatment Centers" as special exceptions, as follows: 52 E. 15. Pain Management Clinics and Marijuana Dispensaries/Medical Marijuana Treatment Centers. When 53 considering an application for pain management clinics and marijuana dispensaries/medical marijuana treatment 54 centers, the board must consider the special exception criteria listed below, in addition to that criteria listed in 55 subsection 5-57C. The board may deny the request, approve the request, or approve the request with conditions, 56 based upon a review of these considerations. The board may assign additional conditions and safeguards as 57 deemed necessary: 58 59 a. Whether the request will cause damage, hazard, nuisance or other detriment to persons or property. 60 61 b. Any parking demand created by a pain management clinic or marijuana dispensary/medical marijuana 62 treatment center shall not exceed the parking spaces located or allocated on site, as required by the 63 city's parking regulations. An applicant shall be required to demonstrate that on-site traffic and 64 parking attributable to the pain management clinic or marijuana dispensary/medical marijuana 65 treatment center will be sufficient to accommodate traffic and parking demands generated by the pain 66 management clinic or marijuana dispensary/medical marijuana treatment center, based upon a current 67 traffic and parking study prepared by a certified professional. 68 69 c. No pain management clinic or marijuana dispensary/medical marijuana treatment center shall be 70 located within one thousand (1,000) feet of any school or church, or within two hundred (200) feet of 71 any residentially zoned property, as further defined by these regulations. Distances shall be measured 72 by drawing a straight line between the closest point of the pain management clinic or marijuana 73 dispensary/medical marijuana treatment center structure (be it a building or leased space in a 74 building) to the closest property line or edge of leased space (whichever is closer) of the school, 75 church or residentially zoned property. 76 77 d. Unlike Pain Management Clinics, which are also permitted as special exceptions in other Commercial 78 zoning districts, marijuana dispensaries/medical marijuana treatment centers shall be permitted as 79 special exceptions in only the CG General Commercial zoning districts throughout the City, as 80 further defined and/or restricted by the paragraphs of this ordinance, and only through the special 81 exception approval process required for the Board of Adjustment. Also, no other business, aside or 82 separate from the dispensing of marijuana, shall be permitted to be conducted from the same address 83 where the marijuana dispensary/medical marijuana treatment center is located. 84 85 e. Community Redevelopment Agency: No marijuana dispensaries/medical marijuana treatment centers 86 shall be permitted within the legal boundaries defined as the Community Redevelopment Agency 87 (CRA) District for the City of Cocoa Beach. The boundaries of the CRA are defined as the area 88 between Fourth Street South to the south, Cocoa Isles Boulevard to the north, the Atlantic Ocean to 89 the east, and Cedar Avenue to the west. The current CRA has a sunset date which could cause the 90 CRA to expire. Regardless of whether the CRA does or does not expire, no marijuana 91 dispensary/medical marijuana treatment center shall be located within the boundaries of the CRA 92 since this district contains multi -family residential properties and residential/commercial mixed use 93 properties, with the focus of the CRA district being one of redevelopment, with a high concentration 94 of commercial uses designed to accommodate family-oriented tourists and locals. As a result, and 95 since it is the City's desire to locate marijuana dispensaries/medical marijuana treatment centers away 96 from residential zoning districts and family -friendly, tourist hot -spots, it has been determined that a 97 marijuana dispensary/medical marijuana treatment center would not be a good use on the properties 98 currently zoned as CG — General Commercial in this district. 99 100 f. Controlled Substances. The onsite sale, provision, or dispensing of marijuana is prohibited except as Page 2 of 4 Ordinance 1581 101 specifically authorized by either federal or state law. The onsite cultivating and processing of 102 marijuana shall be prohibited within the City limits. 103 104 105 g. Loitering. A marijuana dispensary/medical marijuana treatment center shall provide adequate seating 106 for its patients and business invitees. The marijuana dispensary/medical marijuana treatment center 107 shall not direct or encourage any patient or business to stand, sit (including in a parked car), or gather 108 or loiter outside of the building where the dispensary/center operates, including in any parking areas, 109 sidewalks, rights-of-way, or neighboring properties for any period of time longer than reasonably 110 required for patients to conduct their official business and depart. The marijuana dispensary/medical 111 marijuana treatment center shall post conspicuous signs on at least three (3) sides of the building 112 stating that no loitering is allowed on the property. 113 114 h. Queuinof Vehicles. The marijuana dispensary/medical marijuana treatment center shall ensure that 115 there is no queuing of vehicles in the rights-of-way. The marijuana dispensary/medical marijuana 116 treatment center shall take all necessary and immediate steps to ensure compliance with this 117 paragraph. 118 119 i. No Drive-Through SenJce. No marijuana dispensary/medical marijuana treatment center shall have a 120 drive-through or drive-in service aisle. All dispensing, payment for and receipt of said marijuana 121 shall occur from within or inside the marijuana dispensary/medical marijuana treatment center. 122 123 j. On-Site Consumption ofMariivana and/or Alcoholic Beverages. No consumption of marijuana or 124 alcoholic beverages shall be allowed on the premises, including in the parking areas, sidewalks or 125 rights-of-way. The marijuana dispensary/medical marijuana treatment center shall take all necessary 126 and immediate steps to ensure compliance with this paragraph. 127 128 k. Additional Separation Distances. Marijuana dispensaries/medical marijuana treatment centers and all 129 business signage shall not be pennitted to be located within two hundred (200) feet from the 130 centerline of the following streets: State Route AIA; State Route 520; Ocean Beach Boulevard; and, 131 Minutemen Causeway. A marijuana dispensary may operate in the CG —General Commercial 132 districts located in these areas and along these streets, as long as they do not front onto said streets or 133 have any building signage or property signage facing these streets. Distances shall be measured by 134 drawing a straight line from the centerline of said streets to the nearest part of the signage, wall or 135 part of the structure of the space or building leased or purchased for the proposed marijuana 136 dispensary/medical marijuana treatment center. The applicant may request a variance from the 137 requirements of this paragraph, or paragraph `c' above, as provided for in the requirements outlined 138 in the City of Cocoa Beach Land Development Code. 139 140 1. Hours of Operation. Marijuana dispensaries/medical marijuana treatment centers shall only be 141 allowed to operate between 7:00 A.M. and 7:00 P.M., Monday through Friday, and between 7:00 142 A.M. and 12:00 P.M. (Noon) on Saturdays and Sundays. 143 144 m. Compliance with Other Laws. All marijuana dispensaries/medical marijuana treatment centers shall 145 at all times be in compliance with all federal and state regulations, and the Cocoa Beach City Code of 146 Ordinances and Land Development Code, as may be applicable and amended from time to time. 147 148 n. Exemptions. Licensed pharmacies existing as of the effective date of the enactment of this ordinance 149 shall be exempt from the requirements of this ordinance. All new licensed pharmacies thereafter shall 150 be required to adhere to all of the guidelines and restrictions outlined and specified in this ordinance. 151 Page 3 of 4 Ordinance 1581 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 SECTION 2. CONFLICTS. Any ordinance, resolution, or part thereof, in conflict with this Ordinance, or any part hereof, is hereby repealed to the extent of such conflict. SECTION 3. SEVERABILITY. If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this Ordinance. If this Ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon passage and adoption by the City Commission as to the acceptable siting locations for marijuana dispensaries/medical marijuana treatment centers, however the opening of a marijuana dispensary/medical marijuana treatment center and the selling of marijuana products as defined by the Florida Constitution or Florida Law shall occur only upon and after the official date in which the sale and distribution of marijuana has been deemed legal by the State of Florida. SECTION 5. REPEALER. Any and all ordinances and regulations in conflict herewith are hereby repealed to the extent of any conflict. This ordinance specifically repeals and replaces the following ordinance(s) and regulation(s): Land Development Code, Chapter I1I, Article 3, Section 3-11, Subsection E, Paragraph 15 titlesd "Pain Management Clinics. SECTION 6. INCLUSION INTO THE LAND DEVELOPMENT CODE. It is the intent of the City Commission that the provisions of this ordinance shall become and be made a part of the City of Cocoa Beach Land Development Code, and that the sections of this ordinance may be renumbered or relettered and the word "ordinance" may be changed to "section," "article," "regulation," or such other appropriate word or phrase in order to accomplish such intentions. Passed on the first reading on the 5`h day of June , 2014. Upon Motion by Commissioner Williams and Seconded by Commissioner Dillon, this Ordinance was duly adopted at a Regular Meeting of the City Commission of the City of Cocoa Beach, Florida, held on the 19th day of June, 2014. ATTEST: 196 Loredana Kalaghchy, MMC, City Clerk 197 First Reading: June 5, 2014 198 Date Published: May 1, 2014 199 Date Posted: May 24, 2014 Ayes: Nays: 4 Absent or Abstaining: 0 Dave Netterstrom, Mayor -Commissioner Page 4 of 4 Ordinance 1581 Attachment 3 ORDINANCE NO. 09-2014 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AFFECTING THE USE OF LAND IN THE CITY RELATING TO MEDICAL MARIJUANA TREATMENT CENTERS, WHETHER FOR MEDICAL OR RECREATIONAL USE, AND RELATING TO PAIN MANAGEMENT CLINICS; AMENDING CHAPTER 110, ZONING, OF THE CAPE CANAVERAL CODE OF ORDINANCES TO INCLUDE "MEDICAL MARIJUANA TREATMENT CENTERS" AND "PAIN MANAGEMENT CLINICS" AS SPECIAL EXCEPTIONS IN THE C1, C2, AND M1 ZONING DISTRICTS AND SETTING FORTH STANDARDS AND REQUIREMENTS FOR SUCH USES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, a ballot initiative has been scheduled for state wide vote in November, 2014, to allow the dispensing and use of marijuana for medical purposes by persons with debilitating diseases; and WHEREAS, in 1996, the state of California became the first state to legalize the use, possession and cultivation of medical marijuana, and several other states subsequently enacted laws legalizing medical marijuana in various circumstances; and WHEREAS, the California Police Chiefs Association developed a Task Force on Marijuana Dispensaries to develop the "White Paper on Marijuana Dispensaries" ("White Paper"), which white paper was published in 2009; and WHEREAS, the White Paper on Marijuana Dispensaries examined the direct and indirect adverse impacts of marijuana dispensaries in local communities and indicates that marijuana dispensaries may attract or cause ancillary crimes, marijuana smoking in public or around children, the sale of other, illegal drugs at dispensaries, loitering and nuisances, and increased traffic accidents and driving under the influence arrests in which marijuana is implicated; and WHEREAS, the White Paper further indicates that crime statistics may inadequately reflect the actual number of crimes committed at marijuana dispensaries, and additionally, that City of Cape Canaveral Ordinance No.09-2014 Page I of 10 the presence of marijuana dispensing businesses may contribute to the existence of a secondary market for illegal, street -level distribution of marijuana; and WHEREAS, the White Paper outlines the following typical complaints received from individuals regarding certain marijuana dispensary study areas: high levels of traffic going to and from the dispensaries, people loitering in the parking lot of the dispensaries, people smoking marijuana in the parking lot of the dispensaries, vandalism near dispensaries, threats made by dispensary employees to employees of other businesses, and citizens worried that they may become a crime victim due to their proximity to dispensaries; and WHEREAS, the White Paper found that many medical marijuana business owners had histories of drug and violence -related arrests, that records or lack of records showed that some owners were not properly reporting income generated from the sales of marijuana, that some medical marijuana businesses were selling to individuals without serious medical conditions, and that the California law had no guidelines on the amount of marijuana which could be sold to an individual; and WHEREAS, the White Paper ultimately concludes that there are many adverse secondary effects created by the presence of medical marijuana dispensaries in communities; and WHEREAS, the City Council of the City of Cape Canaveral, has determined that, in the event the State of Florida legalizes medical marijuana, it is in the best interests of the citizenry and general public to regulate medical marijuana treatment centers; and WHEREAS, the City Council of the City of Cape Canaveral has the responsibility and authority to determine what uses are best suited to particular zoning categories as well as land uses within the City; and WHEREAS, the City Council of the City of Cape Canaveral has determined that given the potential impact on the surrounding areas, that medical marijuana treatment centers and pain management clinics should be permissible only within the C-1, C-2, and M-1 zoning districts after a hearing and finding by the City's Board of Adjustment that said medical marijuana treatment center or pain management clinic complies with city regulations; and WHEREAS, the City Council of the City of Cape Canaveral has determined that it is advisable and in the public interest to set certain distance and other siting standards in regard to the location and operation of pain management clinics and medical marijuana treatment centers; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS FOLLOWS: City of Cape Canaveral Ordinance No.09-2014 Page 2 of 10 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Amendment to Chapter 110, Zoning. Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and str-ikeeut type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): Sec. 110-1. Definitions. Medical marijuana treatment center means an entity that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers and is registered by the state Department of Health. Sec. 110-334. Special exceptions permissible by board of adjustment. (c) Special exceptions may be permitted for the following: 18 Medical marijuana treatment centers, subject to the requirements of section 110- 489 of this Code. Sec. 110-354. Special exceptions permissible by board of adjustment. (c) Special exceptions may be permitted for the following: 15 Pain management clinics, subject to the requirements of section 110-489 of this Code. City of Cape Canaveral Ordinance No.09-2014 Page 3 of 10 Medical marijuana treatment centers, subject to the requirements of section 110- 489 of this Code. Sec. 110-383. Special exceptions permissible by the board of adjustment. (c) Special exceptions may be permitted for the following: 15 Medical marijuana treatment centers, subject to the requirements of section 110- 489 of this Code. Sec. 110-489. Pain management clinic and medical marijuana treatment center regulations. Pain management clinics and medical marijuana treatment centers may only be permitted by special exception in the C-1, C-2 and M-1 and G-2 zoning districts, subject to the general conditions for special exceptions and subject to the following requirements: (a) State registration. Pain management clinics and medical marijuana treatment centers must be registered with the state if as required by Florida law. If registration is required by state law, then proof of registration, application for registration or letter of exemption must be provided with the special exception application for the pain management clinic or medical marijuana treatment center. (b) Pain management clinic licensing. Each pain management clinic shall be operated by a medical director who is a Florida -licensed physician, board-certified in pain medicine, and who shall be responsible for complying with all requirements related to registration and operation of the clinic. The designated physician must have a full, active, and unencumbered license under F.S. ch. 458 or ch. 459, and shall practice at the clinic location for which the physician has assumed responsibility. Within ten days after termination or absence of the medical director, the clinic must notify the city of the identity of another medical director for the clinic. (c) Separation requirements from similar uses. There shall be no less than one -half -mile distance between each pain management clinic and/or each medical marijuana treatment center regardless of the municipal boundaries of the city. (d) Separation requirements from schools, churches and daycare facilities. No pain management clinic or medical marijuana treatment center shall be permitted to locate City of Cape Canaveral Ordinance No.09-2014 Page 4 of 10 within 1,000 feet of any public or private school, church, or daycare facility and no public or private school, church, or daycare facility shall be permitted to locate within 1,000 feet of a pain management clinic or medical marijuana treatment center. (e) Hours of Operation. Pain management clinics and medical marijuana treatment centers shall only be permitted to operate between the hours of 9:00 a.m. and 7:00 p.m., Monday through Friday, and 9:00 a.m. to 12:00 5:-Wp.m. on Saturday. (f) Requirement for indoor operation and prohibition on loitering, There shall be no outdoor seating areas, queues, or customer waiting areas. All activities of the pain management clinic or medical marijuana treatment center: including sales, display, preparations and storage.- shall be conducted entirely within an enclosed building. A pain management clinic or medical marijuana treatment center shall provide adequate seating for its patients and business invitees. The pain management clinic or medical marijuana treatment center shall not direct or encourage any patient or business invitee to stand, sit, gather or loiter outside of the building where the clinic or center operates, including in a parked car, includingin n any parking areas, sidewalks, rights-of-way, or neighboring properties for any period of time longer than reasonably required for patients to conduct their official business and depart. The pain management clinic or medical marijuana treatment center shall post conspicuous signs on at least three (3) sides of the building stating that no loitering is allowed on the property. Vehicular Traffic. The pain management clinic or medical marijuana treatment center shall ensure that there is no queuing of vehicles in the rights-of-way. No pain management clinic or medical marijuana treatment center shall have a drive-through or drive-in service aisle. Prohibition of on-site consumption of pain management drugs, marijuana or alcohol. No consumption of a pain management drug, marijuana, or alcoholic beverage shall be allowed on the premises, including in the parking areas, sidewalks, or rights-of-way. Parking. Any parking demand created by a pain management clinic or medical marijuana treatment center shall not exceed the parking spaces located or allocated on site, as required by the city's parking regulations. An applicant shall be required to demonstrate that on-site traffic and parking attributable to the pain management clinic or medical marijuana treatment center will be sufficient to accommodate traffic and parking demands it generates, based upon a current traffic and parking study prepared by certified professional. (gU Prohibition on cash only businesses. Limiting payment for goods or services to cash only is prohibited. OoLkj Daily Reports Required. Pain management clinics and medical marijuana treatment centers shall be required to submit to the Brevard County Sheriffs Office a daily summary containing the following information from the prior business day: City of Cape Canaveral Ordinance No.09-2014 Page 5 of 10 (i) The total number of prescriptions written that day; (ii) The total number of doses of drugs sold and/or dispensed by the pain management clinic or medical marijuana treatment center that day (including samples), specifying how many doses were sold or dispensed; the person prescribing or dispensing same; and the manner of payment by each person who was dispensed drugs at the clinic that day; and (iii) The state of residence of each person to whom drugs were prescribed or dispensed that day. OU Prohibition on home occupations. A pain management clinic or medical marijuana treatment center shall not be permitted as a home occupation. (j)Lml No pain management clinic or medical marijuana treatment center shall be wholly or partially owned by, or have any contractual relationship (whether as a principal, partner, officer, member, managing member, employee, independent contractor, or otherwise) with any physician, pharmacist, or any other person who prescribes drugs and who, within five years prior to the receipt of any application for special exception: (i) Has been suspended, had his or her license revoked, or been subject to disciplinary action for prescribing, dispensing, administering, providing, supplying, or selling any controlled substance in violation of any state, federal, or similar law where such person is licensed to practice; (ii) Has been convicted of, pled nolo contendere to, or violated any plea agreement regarding an arrest for, a violation of any state, federal, or similar law related to drugs or alcohol, specifically including but not limited to, prescribing, dispensing, administering, providing, supplying, or selling any controlled substance; (iii) Has been suspended, had his or her license revoked, or been subject to disciplinary action by any state, federal, or other governmental entity where such person is licensed to practice; (iv) Has had any state, federal, or other governmental entity where such person is licensed to practice take any action against such person's license as a result of dependency on drugs or alcohol; or (v) Has been convicted of, pled nolo contendere to, or violated any plea agreement regarding an arrest for, any felony or crime involving moral turpitude. (k)Ln) No pain management clinic or medical marijuana treatment center shall be wholly or partially owned by, or have as a principal, partner, officer, member, managing member, or otherwise where the owner is an entity, any person who: (i) Has been convicted of, pled nolo contendere to, or violated any plea agreement regarding an arrest for, a violation of any state, federal, or similar law related to drugs or alcohol; or (ii) Has been convicted of, pled nolo contendere to, or violated any plea agreement regarding an arrest for, any felony or crime involving moral turpitude. City of Cape Canaveral Ordinance No.09-2014 Page 6 of 10 (4)(o) No pain management clinic or medical marijuana treatment center shall employ any person, as an independent contractor or otherwise, who: (i) Has been convicted of, pled nolo contendere to, or violated any plea agreement regarding an arrest for, a violation of any state, federal, or similar law related to drugs or alcohol, specifically including but not limited to, prescribing, dispensing, administering, providing, supplying or selling any controlled substance; or (ii) Has been convicted of, pled nolo contendere to, or violated any plea agreement regarding an arrest for, any felony or crime involving moral turpitude within the five years preceding the application for special exception. (gyp) Landlord Responsibilities. (i) Any landlord, leasing agent, or owner of property upon which a pain mans eg ment clinic or medical marijuana treatment center operates, who knows, or in the exercise of reasonable care should know, that a medical marijuana treatment center is operating in violation of city code or applicable Florida law, including the rules and regulations promulgated by the state Department of Health, must prevent, stop, or take reasonable steps to prevent the continued illegal activity on the leased premises. (ii) Landlords who lease space to a medical marijuana treatment center must expressly, incorporate language into the lease or rental agreement stating that failure to comply with city code is a material non -curable breach of the lease and shall constitute grounds for termination of the lease and immediate eviction by the landlord. (n)c� Additional application information. An applicant seeking a special exception for a pain management clinic or medical marijuana treatment center shall, in addition to the general application information required for special exceptions, provide the following: (i) The pain management clinic's or medical marijuana treatment center's registration number issued by the Florida Department of Health, as required by Florida law. (ii) For pain management clinics, the nName of the medical director, as required herein, responsible for complying with all requirements related to operation of the pain management clinic and the medical director's Drug Enforcement Agency number. (iii) A list of all persons associated with the management or operation of the pain management clinic or medical marijuana treatment center, whether paid or unpaid, part-time or full-time, including all contract labor and independent contractors. This list shall include, but not be limited to, all owners, operators, employees and volunteers. For persons listed, the following additional information must be provided: (A) Person's title, current home address, telephone number and date of birth; City of Cape Canaveral Ordinance No.09-2014 Page 7 of 10 (B) List of all criminal convictions whether misdemeanor or felony; that are drug related; (C) A copy of a current Florida driver's license or government issued photo identification; and (D) A set of fingerprints. (iv) If the property owner is different from the owner of the pain management clinic or medical marijuana treatment center, the applicant shall provide the name, address, telephone number and a copy of a Florida driver's license or government issued photo identification of the property owner along with the application. (v) An inventory of diagnostic equipment to be located at the clinic; (vi) A natural disaster management plan; (vii) A floor plan showing the location and nature of adequate security measures, including those required by the State of Florida for controlled substances, to safeguard all drugs to be dispensed in the course of its business. (viii) An affidavit of the medical director of the pain management clinic, or owner of the medical marijuana treatment center, signed under oath, attesting: (A) That their practice is located at the subject site; ; (B) That no employees of the facility have been convicted of a drug-related felony within the five years preceding the application for special exception; (C) That the pain management clinic or medical marijuana treatment center will not knowingly employ any such convicted felons thereafter; and (D) For pain management clinics, tThat the medical director shall be required to inform the city within ten days should the medical director be terminated or otherwise leave the affiliation of the pain management clinic as medical director. The medical director of the pain management clinic, or owner of the medical marijuana treatment center shall be required to keep all application information updated with the city at all times, even after issuance of a special exception, and said information shall be verified annually by the city in conjunction with the city's local business tax receipt renewal process. The medical director of the pain management clinic, or owner of the medical marijuana treatment center shall notify the city of any change to the information within ten days of any new person becoming associated with the pain management clinic or medical marijuana treatment center or any other change to the application information required herein. Failure to properly maintain updated information with the city shall be grounds for revocation of theme managemen4 elinie special exception. Single special exception application/Single classification of special exception. Only one (1) special exception may be issued for a location or any single building and only under a City of Cape Canaveral Ordinance No.09-2014 Page 8 of 10 single classification for either a pain management clinic or medical marijuana treatment center_ (s) Compliance With Lan. The pain management clinic or medical marijuana treatment center shall at all times be subject to the requirements of all applicable federal, state, county and local laws and ordinances, as they may be amended from time to time. (t) Suspension or Revocation of Special Exception. Any special exception granted for a pain management clinic or medical marijuana treatment center may be temporarily suspended or absolutely revoked by majority vote of the board of adjustment at a public hearing, when the board of adjustment has determined by competent substantial evidence that either: (i) The pain management clinic or medical marijuana treatment center has obtained the special exception upon false statements, fraud, deceit, misleading statements, or suppression of material facts; (ii) The pain management clinic or medical marijuana treatment center has committed substantial violations of the terms and conditions on which the special exception was granted; (iii) The pain management clinic or medical marijuana treatment center no longer meets the requirements of this section or other applicable law; or (iv) The medical director or any other employee of the pain management clinic or medical marijuana treatment center knowingly allowed illegal activities to be conducted on the premises. Prior to any special exception being revoked, the pain management clinic or medical marijuana treatment center shall be provided with minimum due process including notice of the grounds for revocation and hearing date, an opportunity to be heard, the right to present evidence, and the right to cross-examine adverse witnesses. (u) Certification affidavit by applicants for related uses. (i) Any application for a business tax receipt under chapter 70 of this code, as a pain management clinic or as a medical marijuana treatment center as such terms are defined in section 110-1 of this code, shall be accompanied by an executed affidavit certifying registration with the State of Florida and the city as a pain management clinic or as a medical marijuana treatment center, as applicable. The failure of an applicant to identify the business in the application for a business tax receipt as a pain management clinic or medical marijuana treatment center will result in the immediate expiration of the business tax receipt and immediate ceasing of all activity conducted in the pain management clinic or medical marijuana treatment center. (ii) Any applicant's application for a business tax receipt and executed affidavit relating to use as again management clinic or as a medical mariivana treatment center, where applicable, shall be provided to the city building division at the time of the proposed use. City of Cape Canaveral Ordinance No.09-2014 Page 9 of 10 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance and all Exhibits hereto shall be incorporated into the City of Cape Canaveral City Code and any section or paragraph, number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and like errors may be corrected and additions, alterations and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon passage and adoption by the City Council, however, the opening and/or operating of a medical marijuana treatment center as defined by the Florida constitution or Florida law shall occur only upon and after the effective date upon which medical marijuana treatment centers are deemed legal by the State of Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida this day of 92014. ATTEST: ANGELA APPERSON, City Clerk, MMC First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only by: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No.09-2014 Page 10 of 10 ROCKY RANDELS, Mayor John Bond Bob Hoog Buzz Petsos Rocky Randels Betty Walsh For Against Attachment 4 PLANNING & ZONING BOARD BOARD ACTION FORM PW Request No. 2 4 Date Request to be considered by the Board: " Z - ) BOARD ACTION TAKEN: Approved as Submitted and Presented y_ Approved with the following condition(s): i 2 elCzL)^61 ; �j �,n C�nC.S� '�U cr" ri C jy 1.0j e Gly 2'p��r 11d 12Q'�'G� Ty G� I col Trr(31VAe^� CeA4rS 11�� 6WCJYU,1� 4,J ool or dczy (,w -C �e Lilte� L �- t 216/ ceeAer-. Postponed for Additional Information Denied for the following reason(s): 2 t,)"al 0 ZhCi� tali �Vo�e Note: Refer ;i ode Sections: 22-43 (b), Expiration of Approval; 22-45, Appeal of the Board's ec' _ lig " ture of Chairperson .� n C Printed name of Chairperson City of Cape Canaveral Ordinance 09-2014 Medical Marijuana Attachment 6 INITIATIVE FINANCIAL INFORMATION STATEMENT FOR USE OF MARIJUANA FOR CERTAIN MEDICAL CONDITIONS SUMMARY OF INITIATIVE FINANCIAL INFORMATION STATEMENT The amendment allows the use of medical marijuana for certain specified medical conditions, as well as other conditions, for which a physician licensed in Florida believes the medical use of marijuana would likely outweigh the potential health risks for the patient. In addition, a process is established for the sale of medical marijuana to qualifying patients and designated caregivers. Based on the information provided through public workshops and staff research, the Financial Impact Estimating Conference expects that the proposed amendment will have the following financial effects: • According to the final analysis provided by the Department of Health, the department will incur an estimated $1.1 million in costs each year to comply with the regulatory responsibilities assigned to it by the constitutional amendment. These costs will likely be offset through fees charged to the medical marijuana industry and users, but this may require further action by the Legislature. • The Department of Business and Professional Regulation, the Agency for Health Care Administration, and the Department of Agriculture and Consumer Services do not expect the amendment's passage to produce a significant impact on their regulatory functions. To the extent regulatory impacts occur, they will likely be offset through fees charged to the affected industries. • The Department of Highway Safety and Motor Vehicles, the Police Chiefs Association, and the Sheriffs Association expect additional law enforcement costs based on the experience from other states that have similar amendments or laws, but the magnitude could not be determined at this time. • Other state and local agencies were unable to quantify the amendment's impact, if any, on the services they provide. • The Conference has determined that the purchase of medical marijuana is subject to Florida sales and use tax since medical marijuana is tangible personal property for the purposes of Chapter 212, Florida Statutes, unless a specific exemption exists. • After testimony from the Department of Revenue, the Conference determined that agricultural - related exemptions apply to sales of medical marijuana when the grower or cultivator sells or dispenses the product directly to the end-user or designated caregiver. However, if the grower or cultivator sells the product to a third -party retailer (a non-taxable transaction) which then sells or dispenses the product to the end-user or a caregiver, the agricultural exemption on the final sale is lost and that transaction becomes taxable. Since the sponsors indicated that the proposed amendment was drafted to allow various levels of Industry Integration, the potential for both taxable and exempt activities exists. In the case of a segmented market structure, the determination of whether medical marijuana is a common household remedy (and therefore exempt) becomes significant. Until this determination is made by the Department of Revenue and/or the Department of Business and Professional Regulation or by a future action of the Legislature, the tax treatment of a sale through a third -party to the end-user is uncertain. • The magnitude of the impact on property taxes, either positive or negative, cannot be determined. Page 1 of 16 FINANCIAL IMPACT STATEMENT increased costs from this amendment to state and local governments cannot be determined. There will be additional regulatory and enforcement activities associated with the production and sale of medical marijuana. Fees will offset at least a portion of the regulatory costs. While sales tax may apply to purchases, changes in revenue cannot reasonably be determined since the extent to which medical marijuana will be exempt from taxation is unclear without legislative or state administrative action. SUBSTANTIVE ANALYSIS A. Proposed Amendment Ballot Title: Use of Marijuana for Certain Medical Conditions. Ballot Summary: Allows the medical use of marijuana for individuals with debilitating diseases as determined by a licensed Florida physician. Allows caregivers to assist patients' medical use of marijuana. The Department of Health shall register and regulate centers that produce and distribute marijuana for medical purposes and shall issue identification cards to patients and caregivers. Applies only to Florida low. Does not authorize violations of federal law or any non-medical use, possession or production of marijuana. Proposed Amendment to the Florida Constitution: ARTICLE X, SECTION 29. Medical marijuana production, possession and use.— (a) PUBLIC POLICY. (1) The medical use of marijuana by a qualifying patient or personal caregiver is not subject to criminal or civil liability or sanctions under Florida law except as provided in this section. (2) A phvsician licensed in Florida shall not be subject to criminal or civil liability or sanctions under Florida law for issuing a physician certification to a person diagnosed with a debilitating medical condition in a manner consistent with this section. (3) Actions and conduct by a medical marijuana treatment center registered with the Department, or its employees, as permitted by this section and in compliance with Department regulations, shall not be subject to criminal or civil liability or sanctions under Florida law except as provided in this section. (b) DEFINITIONS. For purposes of this section, the following words and terms shall have the following meanings: (1) "Debilitating Medical Condition" means cancer, glaucoma, positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), hepatitis C, amyotrophic lateral sclerosis (ALS), Crohn's disease, Parkinson's disease, multiple sclerosis or other conditions for which a physician believes that the medical use of marijuana would likely outweigh the potential health risks for a patient. (2) "Department" means the Department of Health or its successor agency. Page 2 of 16 (3) "Identification card" means a document issued by the Department that identifies a person who has a physician certification or a personal caregiver who is at least twenty-one (21) years old and has agreed to assist with a qualifying patient's medical use of marijuana. (4) "Marijuana" has the meaning given cannabis in Section 893.02(3), Florida Statutes (2013). (5) "Medical Marijuana Treatment Center" means an entity that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers and is registered by the Department. (6) "Medical use" means the acquisition, possession, use, delivery, transfer, or administration of marijuana or related supplies by a qualifying patient or personal caregiver for use by a qualifying patient for the treatment of a debilitating medical condition. (7) "Personal caregiver" means a person who is at least twenty-one (21) years old who has agreed to assist with a qualifying patient's medical use of marijuana and has a caregiver identification card issued by the Department. A personal caregiver may assist no more than five (5) qualifying patients at one time. An employee of a hospice provider, nursing, or medical facility may serve as a personal caregiver to more than five (5) qualifying patients as permitted by the Department. Personal caregivers are prohibited from consuming marijuana obtained for the personal, medical use by the qualifying patient. (8) "Physician" means a physician who is licensed in Florida. (9) "Physician certification" means a written document signed by a physician, stating that in the physician's professional opinion, the patient suffers from a debilitating medical condition, that the potential benefits of the medical use of marijuana would likely outweigh the health risks for the patient, and for how long the physician recommends the medical use of marijuana for the patient. A physician certification may only be provided after the physician has conducted a physical examination of the patient and a full assessment of the patient's medical history. (10)"Qualifying patient" means a person who has been diagnosed to have a debilitating medical condition, who has a physician certification and a valid qualifying patient identification card. If the Department does not begin issuing identification cards within nine (9) months after the effective date of this section, then a valid physician certification will serve as a patient identification card in order to allow a person to become a "qualifying patient" until the Department begins issuing identification cards. (c) LIMITATIONS. (1) Nothing in this section shall affect laws relating to non-medical use, possession, production or sale of marijuana. (2) Nothing in this section authorizes the use of medical marijuana by anyone other than a qualifying patient. (3) Nothing in this section allows the operation of a motor vehicle, boat, or aircraft while under the influence of marijuana. (4) Nothing in this law section requires the violation of federal law or purports to give immunity under federal law. Page 3 of 16 (5) Nothing in this section shall require any accommodation of any on-site medical use of marijuana in any place of education or employment, or of smoking medical marijuana in any public place. (6) Nothing in this section shall require any health insurance provider or any government agency or authority to reimburse any person for expenses related to the medical use of marijuana. (d) DUTIES OF THE DEPARTMENT. The Department shall issue reasonable regulations necessary for the implementation and enforcement of this section. The purpose of the regulations is to ensure the availability and safe use of medical marijuana by qualifying patients. It is the duty of the Department to promulgate regulations in a timely fashion. (1) Implementing Regulations. In order to allow the Department sufficient time after passage of this section, the following regulations shall be promulgated no later than six (6) months after the effective date of this section: a. Procedures for the issuance of qualifying patient identification cards to people with physician certifications, and standards for the renewal of such identification cards. b. Procedures for the issuance of personal caregiver identification cards to persons qualified to assist with a qualifying patient's medical use of marijuana, and standards for the renewal of such identification cards. c. Procedures for the registration of Medical Marijuana Treatment Centers that include procedures for the issuance, renewal, suspension, and revocation of registration, and standards to ensure security, record keeping, testing, labeling, inspection, and safety. d. A regulation that defines the amount of marijuana that could reasonably be presumed to be an adequate supply for qualifying patients' medical use, based on the best available evidence. This presumption as to quantity may be overcome with evidence of a particular qualifying patient's appropriate medical use. (2) Issuance of identification cards and registrations. The Department shall begin issuing qualifying patient and personal caregiver identification cards, as well as begin registering Medical Marijuana Treatment Centers no later than nine months (9) after the effective date of this section. (3) If the Department does not issue regulations, or if the Department does not begin issuing identification cards and registering Medical Marijuana Treatment Centers within the time limits set in this section, any Florida citizen shall have standing to seek judicial relief to compel compliance with the Department's constitutional duties. (4) The Department shall protect the confidentiality of all qualifying patients. All records containing the identity of qualifying patients shall be confidential and kept from public disclosure other than for valid medical or law enforcement purposes. (e) LEGISLATION. Nothing in this section shall limit the Legislature from enacting laws consistent with this provision. (f) SEVERABILITY. The provisions of this section are severable and if any clause, sentence, paragraph or section of this measure, or an application thereof, is adjudged invalid by any court of competent jurisdiction other provisions shall continue to be in effect to the fullest extent possible. Page 4 of 16 Effective Date: Article XI, Section 5(e), of the Florida Constitution states that, unless otherwise specified in the Florida Constitution or the proposed constitutional amendment, the proposed amendment will become effective on the first Tuesday after the first Monday in January following the election. This amendment does not specify an effective date and will be effective as stated in Article XI, Section 5(e), of the Florida Constitution. However, the amendment delays implementation of certain provisions by allowing the Department of Health six months after the effective date to promulgate regulations and nine months after the effective date to begin issuing identification cards. B. Substantive Effect of Proposed Amendment Input Received from Proponents and Opponents The Conference sought input from those groups who were on record as supporting or opposing the petition initiative. The proponents chose not to provide a response to a request for overall input on the initiative. However, a representative responded to a specific request from staff regarding the market structure envisioned by the sponsors. An opponent group, Save Our Society from Drugs (S.O.S.), a non-profit drug policy organization based in St. Petersburg, submitted written testimony specific to the petition initiative. The testimony focused on the status of marijuana as not approved by the federal Food and Drug Administration (FDA) and the resulting unregulated nature of the use of marijuana, emphasizing that "crude (smoked) marijuana does not meet the standards of modern medicine." The testimony also noted that "the approval of medicines and the protection of consumers are the responsibility of the FDA, not state legislators, not voters and not governors petitioning for marijuana to be rescheduled." The testimony also expressed concerns relating to: potential impacts on public safety, with an emphasis on drugged driving; environmental impacts of marijuana production, including water quality and water use, wildlife, and wildfires; and the fiscal impact of regulating and policing "pot shops." Background Current LeQoi Status of Moriivana in Florida Florida law defines Cannabis as "all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin"' and places it, along with other sources of tetrahydrocannabinol (THC), on the list of Schedule I drugs -2 Schedule I drugs are substances that have a high potential for abuse and no currently accepted medical use in treatment in the United States. As a Schedule I drug, possession and trafficking in cannabis carry criminal penalties that vary from a misdemeanor of the first degree' up to a felony of the first degree with a possible minimum sentence of 15 years in prison and a ' S. 893.02(c), F.S. S. 893.03(c)7. and 37., F.S. ' For possessing or delivering less than 20 grams. See s. 893.13(3) and (6)(b), F.S. Page 5 of 16 $200,000 fine.' Paraphernalias that is sold, manufactured, used, or possessed with the intent to be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance is also prohibited and carries criminal penalties ranging from a misdemeanor of the first degree to felony of the third degree.b The Necessity Defense in Florida Despite the fact that the use, possession, and sale of marijuana is prohibited by state law, Florida courts have found that circumstances can necessitate medical use of marijuana and circumvent the application of any criminal penalties. The necessity defense was successfully applied in a marijuana possession case in Jenks v. State' where the First District Court of Appeal found that "section 893.03 does not preclude the defense of medical necessity' for the use of marijuana if the defendant: • Did not intentionally bring about the circumstance which precipitated the unlawful act; • Could not accomplish the same objective using a less offensive alternative available; and • The evil sought to be avoided was more heinous than the unlawful act. In the cited case the defendants, a married couple, were suffering from uncontrollable nausea due to AIDS treatment and had testimony from their physician that he could find no effective alternative treatment. Under these facts, the First District found that the Jenks met the criteria for the necessity defense and ordered an acquittal of the charges of cultivating cannabis and possession of drug paraphernalia. Medical Mariivana Lows in Other States Currently, 20 states and the District of Columbias have some form of law that permits the use of marijuana for medicinal purposes. These laws vary widely in detail but most are similar in that they touch on several recurring themes. Most state laws include the following in some form: A list of medical conditions for which a practitioner can recommend the use of medical marijuana to a patient. o Nearly every state has a list of medical conditions though the particular conditions vary from state to state. Most states also include a way to expand Trafficking in more than 25 pounds, or 300 plants, of cannabis is a felony of the first degree with a minimum sentence that varies from 3 to 15 years in prison depending on the amount of cannabis. See s. 893.135(1)(a), F.S. S As defined in s. 893.145, F.S. 6 S. 893.147, F.S. S82 So. 2d 676 These states include Alaska, Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois (effective 2014), Maine, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington. California was the first to establish a medical marijuana program in 1996 and Illinois was the most recent state to pass medical marijuana legislation in August of 2013. Illinois legislation does not become effective until 2014. See htto://www.ncsl.ore_/issues-research/health/state-medical-marijuana-laws.asox. Last visited on Oct. 17, 2013. Page 6 of 16 the list either by allowing a state agency or board to add medical conditions to the list or by including a "catch -air phrase.9 Most states require that the patient receive certification from at least one, but often two, physicians designating that they have a qualifying condition before they can be issued an ID card. Provisions for the patient to designate one or more caregivers who can possess the medical marijuana and assist the patient in preparing and using the medical marijuana. o The number of caregivers allowed and the qualifications to become a caregiver vary from state to state. Most states allow 1 or 2 caregivers and require that they be at least 21 years of age and, typically, cannot be the patient's physician. Caregivers are generally allowed to purchase or grow marijuana for the patient, be in possession of the allowed quantity of marijuana, and aid the patient in using the marijuana, but are strictly prohibited from using the marijuana themselves. • A required identification card for the patient, caregiver, or both that is typically issued by a state agency. • A registry of people who have been issued an ID card. o A method for registered patients and caregivers to obtain medical marijuana. • General restrictions on where medical marijuana may be used. • Provisions allowing a patient to either self -cultivate marijuana, creating regulated marijuana "dispensaries" where a patient may purchase marijuana, or both. The regulations governing such dispensaries, in states that allow them, vary widely. Medical Moriiuona Laws and the Federal Government Regardless of whether an individual state has allowed the use of marijuana for medicinal purposes, or otherwise, the Federal Controlled Substances Act lists it as a Schedule I drug with no accepted medical uses. Under federal law possession, manufacturing, and distribution of marijuana is a crime.10 Although state medical marijuana laws protect patients from prosecution for the legitimate use of marijuana under the guidelines established in that state, such laws do not protect individuals from prosecution under federal law should the federal government choose to act on those laws. In August of 2013, the United States Justice Department issued a publication entitled "Smart on Crime: Reforming the Criminal Justice System for the 21s' Century." ' This document details the federal government's changing stance on low-level drug crimes announcing a "change in Department of Justice charging policies so that certain people who have committed low-level, nonviolent drug offenses, who have no ties to large-scale organizations, gangs, or cartels will no longer be charged with offenses that impose draconian mandatory minimum sentences. Under the revised policy, these people would instead receive sentences better suited to their individual conduct rather than excessive prison terms more appropriate for violent criminals or drug 9 Such as in California's law that includes "any other chronic or persistent medical symptom that either: Substantially limits the ability of the person to conduct one or more major life activities as defined in the Americans with Disabilities Act of 1990, or If not alleviated, may cause serious harm to the patient's safety or physical or mental health.' 10 The punishments vary depending on the amount of marijuana and the intent with which the marijuana is possessed. See httD://www.fda.itov/re¢ulatoryinformation/iegislation/`ucml48726.htm#cntlsbd. Last visited Oct. 17, 2013. 11 See htto://www.iustice.2ov/aR/smart-on-crime.odf. Last visited on Oct. 17, 2013 Page 7 of 16 kingpins." This announcement indicates the justice department's relative unwillingness to prosecute low-level drug cases leaving such prosecutions largely up to state authorities. Proposed Florida Lows Distinct from the petition initiative, Florida legislation was proposed to enact concepts similar to the subject of the amendment. During the 2013 legislative session, identical bills were introduced in the Senate and House of Representatives relating to medical cannabis. The bill established regulatory responsibilities and rulemaking authority for the Department of Health (DOH) and the Department of Business and Professional Regulation (DBPR), and provided rulemaking authority for the Department of Revenue (DOR) specific to taxation and reporting responsibility for specified entities. The bill: • Authorized a qualifying patient and the patient's qualified caregiver to possess and administer medical cannabis to a qualifying patient, and to possess and use paraphernalia for specified purposes; • Provided procedures and requirements for DOH administration; • Authorized a physician to recommend use of medical cannabis under specified procedures and requirements; • Required DBPR to regulate licensure of cultivation centers and dispensaries, under related procedures and requirements; • Established a medical cannabis section within DBPR, including procedures and requirements to authorize a medical cannabis farm to possess, cultivate, and manufacture medical cannabis, medical cannabis -based products, and marijuana plants for wholesale in this state, including permitting and licensing procedures and fees, administrative fines, license suspension, and injunctive relief. • Required rule adoption by specified dates; • Provided that use of medical cannabis is a defense to certain offenses, and does not create defense to certain other offenses; • Made conforming revisions to a variety of criminal provisions, including changes to the Offense Severity Ranking Chart; • Included a severability clause; and • Provided an effective date of July 1, 2013. The bill stipulated that fees established by DOH must offset all expenses of implementing and administering the provisions of the bill, specified fee caps for DBPR permitting purposes, and indicated that fees collected by DOH, DBPR, and DOR be applied first to administering the responsibilities assigned under the provisions. Senate Bill (SB)1250, introduced by Senator Clemens and one co-sponsor, was referred to four committees of reference. House Bill 1139, introduced by Representative Edwards and five co-sponsors, was referred to four committees of reference. A related public records exemption bill, SB 1214, was also filed by Senator Clemens. When the 2013 session ended, each bill died in its initial committee of reference, having not been heard. Page 8 of 16 Potential Users of Medical Marijuana The Florida legislature's Office of Economic and Demographic Research (EDR) developed six approaches that estimate the potential number of medical marijuana users in Florida as of April 1, 2015. Approach I draws on the experience of other states. Approaches II — V attempt to capture eligible users with the specified medical conditions in the proposed ballot initiative, except "other conditions." It is not possible to precisely estimate the number of users that would qualify under "other conditions" as these conditions are currently unknown and to be determined by the physician when he or she believes that the medical use of marijuana would likely outweigh the potential health risks for a patient. Approach VI uses the number of illicit recreational marijuana users as a guide. Estimates of Potential Florida Medical Marijuana Users Estimation Approach April 1, 2015 I. States with medical marijuana laws 452 to 417,252 II. Disease prevalence 1,295,922 Ill. Disease incidence 116,456 IV. Use by cancer patients 173,671 V. Deaths 46,903 VI. Self-reported marijuana use 1,052,692 to 1,619,217 Range 452 to 1,619,217 The following is a summary of each of these approaches. Approach I. States with Medical Marijuana Laws Approach I applies rates of medical marijuana use from other states to Florida's 2015 projected population. Using the current experience of 16 other states, there may be an estimated 452 to 417,252 Floridians using medical marijuana in 2015. The lower range of the estimate is more likely if the medical marijuana program is rolled out slowly, such as in New Jersey, or faces implementation, administrative, and/ or legal challenges that will limit the number of registrants in the first year. The higher range of the estimate may be more likely at full implementation of a more mature program, such as in Colorado. Approach 11. Disease Prevalence Approach II uses disease prevalence rates (proportion of people alive diagnosed with a certain disease) for cancer, hepatitis C, and HIV to determine the number of eligible patients with the conditions specified in the proposed ballot initiative. There will be an estimated 1,295,922 patients alive in 2015 that have been diagnosed with cancer, hepatitis C, or HIV during their lifetime. These patients represent the pool of eligible patients for medical use of marijuana. Prevalence data for the remaining conditions specified in the proposed ballot initiative were not available. In addition, there are unspecified "other conditions" in the proposed ballot initiative which cannot be estimated under this approach. Page 9 of 16 Approach Ill. Disease Incidence Approach III uses disease incidence rates (proportion of people newly diagnosed with a certain disease) for cancer, hepatitis C, HIV, and amyotrophic lateral sclerosis (AIS) to determine the number of eligible patients with the conditions specified in the proposed ballot initiative. Disease incidence cases are a subset of disease prevalence cases, so Approach III has a smaller estimate than Approach II. There will be an estimated 116,456 patients newly diagnosed with cancer, hepatitis C, HIV, or AIS in 2015 in Florida. These patients represent the pool of eligible patients for medical use of marijuana. Incidence data for the remaining conditions specified in the proposed ballot initiative were not available. In addition, there are unspecified "other conditions" in the proposed ballot initiative which cannot be estimated under this approach. Approach IV. Use by Cancer Patients Approach IV uses medical marijuana penetration rates by disease, specifically cancer, to estimate medical marijuana users in Florida. The number of Florida cancer patients that are likely to use medical marijuana in 2011 is calculated by applying the average penetration rate among cancer patients from seven other states to the Florida number of cancer patients. Assuming Florida will have the same average proportion of cancer patients in the total medical marijuana users as these seven states, the number of medical marijuana users with cancer is grown to represent total medical marijuana users with all conditions in Florida in 2011. The latter is then adjusted to produce 173,671 medical marijuana users with all conditions in 2015. Approach V. Deaths Approach V assumes that mostly terminally ill patients will use medical marijuana. Thus, it uses 2012 death rates by disease for the specified diseases, excluding glaucoma and ALS for which no data were available, in the proposed ballot initiative to estimate the number of users. Adjusting these rates to 2015 population projections produces 46,903 potential medical marijuana patients with the specified conditions. In addition, there are unspecified "other conditions" in the proposed ballot initiative which cannot be estimated under this approach. Approach VI. Self -Reported Marijuana Use (Illicit Recreational Use) Approach VI presents self-reported illicit marijuana use from the 2011 National Survey on Drug Use and Health. Adjusting 2011 survey results to the 2015 Florida population projections shows that there may be an estimated 1,619,217 self-reported recreational users of marijuana in Florida. If we exclude the population 18 to 24 from this estimate since they would not be as likely to suffer from the debilitating conditions envisioned in the ballot initiative as their older counterparts, it Is estimated that there may be 1,052,692 self-reported recreational users of marijuana in Florida. Approach VI was included because some of the current illicit use may be for medical purposes. This estimation approach has been used by other states to estimate recreational marijuana use. The Conference requested EDR to estimate the extent to which a pill mill scenario and medical marijuana tourism may affect the potential number of users of medical marijuana. • Pill Mills: The potential medical marijuana population was compared to the estimates of the population illicitly using pain relievers for nonmedical reasons to examine Page 10 of 16 whether "pill mills" can develop for medical marijuana. Applying use rates from the 2011 National Survey on Drug Use and Health, it is estimated that there will be 676,099 pain reliever users for nonmedical reasons in 2015, with higher rates among the 12 to 17 and 18 to 24 age groups compared to the 25 and over age group. The multi -step process consisting of (1) an examination and assessment by a physician in order for a patient to receive a physician certification and (2) the application process through the Department of Health for an identification card may dissuade a pill mill scenario. Further, the amendment allows the Department of Health to issue implementing regulations, and allows the Legislature to enact laws consistent with the amendment that may provide additional regulatory protection. • Medical Marijuana Tourism: The multi -step process described above would discourage shorter -duration visitors from participating in Florida's medical marijuana program. Snowbirds (visitors staying one month or longer) were used as a potential universe for medical marijuana tourists. An estimated 17,178 to 41,271 snowbirds may apply for ID cards. For a variety of reasons, the estimates of pill mill and medical tourism were included to "color" the final estimate of the potential number of medical marijuana users and are not meant to be additive to approaches I — VI. After careful consideration and review of all methods, the Conference determined that the likely number of potential users of medical marijuana upon full implementation of the amendment would be less than 450,000 persons per year. C. Fiscal Impact of Proposed Amendment Summary of the Department of Health's Analysis The Department's Planning Assumptions The analysis from the Department of Health assumes the proposed Constitutional Amendment entitled "Use of Marijuana for Certain Medical Conditions" will be approved by the Florida voters and will have an effective date of January 1, 2015. The analysis further assumes the Florida Department of Health will: (1) promulgate rules by June 30, 2015, (2) issue qualified patient and personal caregiver identification cards prior to October 1, 2015, and (3) register Medical Marijuana Treatment Centers prior to October 1, 2015. The department analysis provides general planning assumptions, as well as a series of assumptions specific to marijuana, physician authority under state and federal law and regulations, patient and caregiver identification cards, medical marijuana treatment centers, and the department's responsibilities. The department estimates that when the program is fully implemented, the number of annual program participants to be: (1) 417,252 qualified patients, (2) 250,351 personal caregivers and (3)1,789 registered Medical Marijuana Treatment Centers. These estimates were derived based on experience data for the states of Colorado and Oregon. Program Components The Florida Department of Health will establish a Florida Medical Marijuana Program which supports: (1) physician issuance of certification, (2) patient and caregiver identification cards, (3) Page 11 of 16 medical marijuana treatment center registration and regulation, and (4) regulation of the adequate supply of marijuana for a qualifying patient's medical use. For each of these components, the department's analysis cited relevant definitions as provided in the petition initiative language and indicates the department's responsibilities relative to each component. Program Costs According to the final analysis provided by the Department of Health, the department will incur an estimated $1.1 million in costs each year to comply with the regulatory responsibilities assigned to It by the constitutional amendment. Details regarding these costs are In the following table. Cost Analysis Cost of Year 1 Year 2 Description Implementation 2015 2016 Program Staff $287,654 $238,181 Year 1 Recurring FTE. Program Manager, $60,000 salary, fringe (35%) & State Health expense package ($15,.541). One-time contracted positions- Rule Office making support $20 hr/2080 hours plus fringe (35%) and contract overhead (4%). Educator $20.00 hr/1500 hours plus fringe (35%) and contract overhead (4%). Cost to disseminate materials to physidans ($7,000). Year 2 Program Manager and 2.0 additional recurring FTEs to manage established program. Environmental Consultant ($82,587) and Senior Clerk (537,993). Year 2 includes 750 hours of contracted time to refresh training materials. Data system $238,400 $32,000 Year 1 Business Analysis for program and data system development $85 implementation per hours for 1040 hours. One-time contractual. Cost to design, and develop, test and data system based on business requirements. One - maintenance time contractual 1800 hours at $75.00 per hour ($135,000) and $15,000 for hardware. Year 2 Annual cost of help desk and software maintenance 800 hours per year at $40 per hour. Recurring $32,000 after Year 1 implementation. Treatment $564,129 $790,755 Year 125% of Year 2 cost for services ($197,689). One-time cost for 10 facuity state vehicles @ $35,000 each, 10 pentablets @ $1,500, and VPN inspections, connectivity service $48 per month for 3 months in year 1- $1,440. reinspection, Year 2 Cost for services for 12 months - 9,303 services @ $85.00 per and complaint service = $790,755.1,789 treatment centers — 7,156 quarterly investigations Inspections, L789 reinspection (25% rate) and 358 complaint Investigation (20% of centers). Funds 13.25 Environmental Specialist 11's to conduct inspections & investigations. (Salary $37,357, Fringe $12,451 and Travel $9,606) for a total of $787,236. Interagency Agreement with DOACS for inspections of cultivators/processors = $2,500 per year. Miscellaneous cost of services=$1,019. Total 1 $1,090,183 $1,060,936 Requested Information from State Agencies The following table reflects a summary of information gleaned from several agencies that were asked to appear before the Conference. Note the information speck to the Department of Revenue is addressed separately under tax discussions that appear subsequently in this document. Page 12 of 16 State / Local Agency Date Info Result Provided Florida Department of Health 10/21/2013 Written preliminary and final analyses and testimony showing $1.1 11/1/2013 million in ongoing annual costs, likely to be offset by regulatory fees (see preceding section). Florida Department of Children 10/28/2013 The department indicated that the budget impact cannot be and Families determined. The budget for these services is set in the General Substance Abuse and Mental Appropriations Act, which is controlled by the legislature and Health Program these services are not an entitlement. Florida Agency for Health Care 10/28/2013 Discussed the possible impact regarding "personal care givers`. Administration The activity would fall into current regulatory oversight and would not significantly change regulatory duties. Health care clinics would only be impacted if the clinics accept 3rd party reimbursement. Florida Board of Pharmacy 10/28/2013 The dispensaries would be a separate facility or entity and the certificate is not a prescription, so there would be no additional costs. Florida Department of Business 10/28/2013 Whether medical marijuana is a 'common household remedy' is and Professional Regulation 10/31/2013 currently unknown. There may be costs associated with making (DBPR) this determination. The form of the substance does not greatly Division of Drugs, Devices matter, unless it is a food or has been processed. DBPR would and Cosmetics have little authority over related supplies or devices. Florida Department of 10/28/2013 Would riot result in a significant regulatory impact to the agency: Agriculture and Consumer oversight of the plants; nursery stock dealers' license; commercial Services weights; agricultural inspection stations, etc. Fees would cover any additional costs. Florida Department of law 20/22/2013 Deferred to the Attorney General's office, as per phone call with Enforcement staff. Florida Office of the Attorney 10/24/2023 Referred the Conference to a letter that was submitted to the General Chief Justice and Justices of the Florida Supreme Court detailing several concerns; among them the interaction of the amendment and current federal taw. Florida Department of Highway 10/32/2023 Indicated that there may be some additional costs, but cannot Safety and Motor Vehicles quantify them at this time. The costs may be due to law enforcement training needs and public education and outreach. Florida Association of Counties 10/29/2013 The Florida Association of Counties is unable to make a determination about the financial impact of the proposed amendment on local governments as per email. Florida league of Cities 10/30/2013 Responded via phone call to staff that they had no input at this time and referred the Conference to the Police Chiefs Association. Florida Police Chiefs Association 10/25/2013 Email indicating additional enforcement costs based on the experience from other states that have similar amendments, but they were unable to quantify these costs at this time. Florida Sheriffs Association 10/21/2013 Presentation and email indicating additional enforcement costs 10/27/2013 based on the experience from other states that have similar amendments, but they were unable to quantify these costs at this time. Page 13 of 16 Florida Soles Tax Treatment of Medicol Morlluano Since medical marijuana is tangible personal property for the purposes of Chapter 212, Florida Statutes, its purchase is subject to Florida sales and use tax unless a specific exemption exists. In this regard, there were three possible areas of current law exemptions considered by the Conference: prescription -based exemptions, the common household remedy exemption, and agricultural -related exemptions. The Conference has determined that the prescription -based exemptions do not apply to medical marijuana purchases due to technical constraints that include the interaction of state and federal law. The Florida Statutes define a prescription as "any order for drugs or medicinal supplies written or transmitted by any means of communication by a duly licensed practitioner authorized by the laws of the state to prescribe such drugs or medicinal supplies and intended to be dispensed by a pharmacist." Current federal law prohibits a physician from writing prescriptions for Schedule I controlled substances, which would include marijuana. In addition, the proposed amendment establishes a certification process that allows the end-user to control both the product type and dosage frequency without the need for an authorizing prescription, making the certification process fundamentally different from the typical prescription purchase. Moreover, the proposed amendment requires medical marijuana to be dispensed by a Medical Marijuana Treatment Center that is not required to be a pharmacy. Similarly, the exemption for medical products requires a prescription and would not be applicable to the sales of supplies related to medical marijuana. The exemption for common household remedies does not require the presence of a prescription. Pursuant to Florida Statutes, the Department of Business and Professional Regulation must approve a list of these items, and that list is then certified to and adopted by the Department of Revenue through the rule-making process. There is also a process for inclusion of additional items. The existing list contains a mixture of specifically named remedies and broad classes of remedies. Based on testimony provided by both departments that they are unclear whether the broad classes of remedies presently on the list encompass medical marijuana, the Conference is left with uncertainty regarding the applicability of the exemption. During the discussion, both agencies identified reasons that the exemption may not apply, emphasizing the restrictive nature of the certification process on potential users and the limitation on sales locations to registered Medical Marijuana Treatment Centers. Because this aspect of the discussion applies equally to a decision regarding the specific inclusion of medical marijuana on a future list, doubt is cast on this action as well. However, it is possible that some supplies related to the use of medical marijuana are already on the list so each item would have to be evaluated on a case-by-case basis even if the sale of medical marijuana itself is determined to be taxable. The agricultural -related exemptions apply to sales of medical marijuana when the grower or cultivator sells or dispenses the product directly to the end-user or a personal caregiver as defined in the proposed amendment. If the grower or cultivator instead sells the product to a third -party retailer (a non-taxable transaction) who then sells or dispenses the product to the end-user or the caregiver, the agricultural exemption on the final sale is lost and that transaction Page 14 of 16 becomes taxable.'= However, the determination of whether medical marijuana is a common household remedy becomes significant at this point. Since it is unclear whether medical marijuana will ultimately be deemed to be a common household remedy, the tax treatment of a sale through a third -party to the end-user is uncertain. The only form of medical marijuana that appears especially problematic to the direct application of the above findings regarding taxability is its inclusion as a part of a food product. In this regard, if medical marijuana is determined to be transformed from its original form into a distinct food product, then the law and the Department of Revenue's rules regarding food will govern its taxability. The sale of each type of food product would have to be evaluated on a case-by-case basis. Finally, the sales of items such as grow lights and hydroponic systems that might be used for the indoor cultivation of medical marijuana are generally taxable. However, there is an exemption from sales tax for "power farm equipment." According to the Florida Statutes, "power farm equipment" means `moving or stationary equipment that contains within itself the means for its own propulsion or power and moving or stationary equipment that is dependent upon an external power source to perform its functions." Therefore, grow fights and hydroponic systems that are sold as a component part of power farm equipment would likely be exempt. In summary, the revenue impact to state and local government from the application of the sales and use tax to the sale of medical marijuana and related supplies would range from zero to positive indeterminate because critical details regarding the specific transactions are currently unknown and key decisions regarding the potential tax exemptions have yet to be made by the affected agencies under their current administration of the law. It is also possible that the Legislature would enact new legislation specific to these questions. Potential Estimotes Related to Soles Tax Impact In an attempt to quantify the potential magnitude of the sales tax impact, the Conference looked to other states to analyze their results. Of the states that have approved the use of medical marijuana, at least eight states and the District of Columbia have a sales tax structure that could encompass medical marijuana transactions." Of these, at least three states and the District of Columbia have approved medical marijuana and also have a sales tax provision providing an exemption or partial exemption for over-the-counter health remedies. It appears that the exemption for common household remedies will apply to the sales of medical marijuana in at least Vermont. In New Jersey and Illinois, legislation explicitly made the sale of medical marijuana subject to tax. In the District of Columbia, marijuana's status as a Schedule 1 drug appears to disqualify it from the exemption. This leaves the experience of five states and the District of Columbia for comparison purposes. Within this grouping, California's collections '= According to Jon Mills who spoke via phone conversation on behalf of the initiative's sponsors, the proposed amendment was drafted to allow various levels of industry integration: both vertical integration of the complete supply chain through one owner and a segmented market structure with independent intermediaries at each stage. He also indicated that the legislature or the Department of Health through its rule-making process would have the ability to further limit or define the permissible market structure arrangements. ID Arizona, California, Colorado, Illinois, Maine, New Jersey, Rhode Island, Vermont and the District of Columbia have sales taxes. Nevada reportedly has a 2% excise tax at the wholesale and retail levels. Page 15 of 16 were by far the highest with projected revenues from the 7.5% state sales tax rate ranging between $58 million and $105 million in 2012. Temporarily suspending the confusion regarding Florida's final tax treatment of medical marijuana sales, the Legislative Office of Economic and Demographic Research used the information from other states to analyze the potential range of state sales tax revenues in the extreme case where no soles tox exemptions apply. The number of users, the consumption per user and the cost of the product are all critical assumptions and cause the projections to change dramatically as they are varied. Using price data from Vermont, allowable usage from Connecticut, survey data on the illegal use of marijuana for recreational purposes, and two of the estimates of projected Florida users discussed earlier, the estimated sales tax collections range from a low of $8.3 million to a maximum of $338.0 million. Since the brackets at both ends assume no exemptions apply --and the Conference believes that at a minimum the exemption for agricultural products will apply in at least some Instances—these numbers do not encompass a probable range and cannot be used for a purpose other than testing significance. Potential Range of State Sales Tax Revenues from Medical Marijuana End -Users Assuming No Sales Tax Exempfiions Apply The Following Examples Demons&stb a Range that is Generated by Varydng Asnumpilons Quantity Consumed/ April 1, 2015 Sales (S) Salo Sales Tax Revenues ($) Estimation Approach User $2261 oz $460/ oz $2251 oz $4501 oz Annual use of 3.63 oz (100 p) I. States with medical marijuana laws 417,252 331,402,4001 662,804,802 18.884,144 38,768,288 W. Use by cancer patients 173,671 137,938,192 275,876,384 8.276,292 16.552,563 Annual use of 30 oz (650 p) Florida Property Tax Treatment of Medicol Moriluana Lands used for growing medical marijuana will likely qualify as agricultural property for property tax purposes. This means that the property would receive a classified use agricultural assessment. Because this treatment may increase or decrease the taxable value relative to its prior value, the impact on property taxes is indeterminate—both in terms of magnitude and direction. INFORMATION PROVIDED BY: The Office of Economic and Demographic Research (EDR) is a research arm of the Legislature principally concerned with forecasting economic and social trends that affect policy matting, revenues, and appropriations. http://edr.state.fl.us/ Page 16 of 16 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 9/16/2014 Item No. Subject: Ordinance No. 10-2014; pursuant to Section 2.12(6) of the City Charter, authorizing the conveyance of an approximate twenty (20) foot wide strip of real property located along the rear boundary of Lot 11 of the Harbor Heights Subdivision by Quit -Claim Deed without any representations and warranties made by the City; declaring that the City of Cape Canaveral no longer has a public purpose interest in said real property and that it is in the best interests of the City to convey the real property to the owner of the adjacent property subject to the terms and conditions set forth in the Quit -Claim Deed; providing for severability, the repeal of prior inconsistent ordinances, and an effective date, second reading. Department: Administrative Services Summary: In 1977, the First Interstate Corporation, the developer of Ocean Woods Subdivision, deeded a 20 foot strip of land to the City of Cape Canaveral. The land is north of Ocean Woods Subdivision and south of Harbor Heights Subdivision. At the November 15, 1977 City Council Meeting, a motion by Mayor Nicholas, seconded by Council Member Murphy, that the City Attorney, in conjunction with the City Clerk, contact the property owners whose property abuts the subject 20 foot strip and if those property owners so desire, prepare deeds and record at the City's expense in order to turn the land over to the Harbor Heights Residents. The motion carried 4-0 with Council Member Thurm abstaining due to ownership of property abutting the 20 foot strip of land. Attachment 1 includes the Minutes of the 11/15/1977 City Council Meeting; a sample of the letter sent to the property owners and a sample document the property owners were to return to the City indicating their preference. Any documents returned are no longer held by the City; therefore, the intent of the individual owning Lot 11 cannot be verified. The pending sale of Lot 11 brought this outstanding issue to light. The solution to this matter is not as simple as recording a Quit -Claim Deed, as a change in the City Charter which requires the passage of an Ordinance before Title is transferred from the City to another party. In an effort to assure the adjoining property owner of the City's intentions, the City Attorney's Office prepared a Memorandum of Agreement, (Attachment 2), which was signed by the adjoining property owner on August 8, 2014 and approved by City Council at the August 19, 2014 Regular Meeting. Ordinance No. 10-2014 was approved at first reading on August 19, 2014. The Notice of Public Hearing was advertised in Florida Today on August 28, 2014. The Quit -Claim Deed was prepared by the City Attorney and provides for continued access to the sanitary sewer line in the area. The Deed will be recorded by the title company after approval/signature by the City (Attachment 4). Submitting Department Director: Angela Apperson fr, Date: 9/5/2014 City Council Meeting Date: 9/16/2014 Item No. i7- Page 2 of 2 Attachments: 1 — Minutes of November 15, 1977 Council Meeting with attachments 2 — Memorandum of Agreement, approved and signed 3 — Ordinance No. 10-2014 4 — Quit -Claim Deed, with transmittal letter Financial Impact: Cost to research the issue; prepare agenda/documents; advertise the Ordinance, and the cost to record the Quit -Claim Deed. Reviewed by Finance Director: John DeLeo Date: The City Manager recommends that City Council take the following action: Adopt Ordinance No. 10-2014. Approved by City Manager: David L. Greene Date: City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain ION - REGULAR MEETING MICROFILMED 4-24-80 CITY COUNCIL NOVEMBER 15, 1977 Attachment 1 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON NOVEMBER 15, 1977 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER BY MAYOR L.C. NICHOLAS AT 7:34 P.M. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE: MAYOR L.C. NICHOLAS, COUNCIL MEMBERS L.C. BOYD, J.L.• MURPHY, M.A. RIGERMAN AND A.H. THURM; ATTORNEY JAMES S. THERIAC, CITY CLERK ANITA J. OSTROM AND SGT. AT ARMS VIRGIL PITCH. ATTORNEY RICHARD SCOTT. WAS ALSO PRESENT. THE MINUTES OF NOVEMBER 1 WERE APPROVED AS READ. NEW BUSINESS ITEM 1. RESOLUTION NO. 77-38 RE: APPOINTMENT OF - BOARD OF ADJUSTMENT MEMSER MAYOR NICHOLAS NOMINATED MR. MICHAEL BRADY AS THE REGULAR MEMBER. MAYOR NICHOLAS READ THE RESOLUTION INSERTING MR. BRADY'S NAME AS MEMBER. MRS. THURM MOVED TO ADOPT THE RESOLUTION. MRS. RIGERMAN SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 2. MOTION RE: AUTHORIZATION FOR 20 -FOOT PROPERTY DEED(OCEAN WOODS ATTORNEY RICHARD SCOTT BRIEFLY OUTLINED FOR COUNCIL AND THE AUDIENCE THE PRESENT STATUS OF THE 20 -FOOT PROPERTY STRIP ABUTTING THE SOUTH PORTION OF HARBOR HEIGHTS SUBDIVISION: - MR. SCOTT STATED THAT THIS 20 -FOOT STRIP HAD BEEN -DEEDED TO THE CITY BY FIRST INTERSTATE. MAYOR NICHOLAS MOVED THAT THE CITY ATTORNEY IN CONJUNCTION WITHi THE CITY CLERK CONTACT THE PROPERTY` OWNERS WHOSE PROPERTY ABUTS THE SUBJECT 20 -FOOT STRIP, AND IF THOSE PROPERTY OWNERS SO DESIRE, PREPARE THE DEEDS AND RECORD AT THE CITY'S EXPENSE IN ORDER TO TURN THE 20 -FOOT STRIP OVER _ TO. THE HARBOR HEIGHTS RESIDENTS. MR. MURPHY SECONDED MOTION. VOTE WAS AS FOLLOWS: MRS. THURM ABSTAINED FROM VOTING DUE TO THE FACT THAT SHE OWNED PROPERTY ABUTTING THE SUBJECT PROPERTY. COUNCIL MEMBERS MRS. BOYD, MAYOR NICHOLAS, MRS. RIGERMAN AND MR. MURPHY VOTED IN FAVOR OF THE MOTION. MOTION CARRIED. MICROFILMED 4.24.80 Attachment 1 A COPY OF THE LETTER CONTACTING THE PROPERTY OWNERS INVOLVED IN THIS MATTER IS ATTACHED TO THESE MINUTES. ITEM 3. AWARDING OF GENERATOR BID FOR POLICE FACILITY MAYOR NICHOLAS EXPLAINED THAT THIS EMERGENCY GENERATOR BID FOR THE POLICE FACILITY HAD BEEN AWARDED AT A PREVIOUS COUNCIL MEETING AND RESCINDED DUE TO THE FACT THAT THE AMOUNT OF THE BID WAS IN EXCESS OF THE -LEAA GRAND AVAILABLE. THE (ENWAROR BID WAS AGAIN ADVERTISED IN THE LOCAL PAPER AND THE ORLANDO PAPER AND THE FOLLOWI BIDS WERE RECEIVED IN ANSWER TO THAT AD: BEESON ELECTRIC, INC. GENERATOR $5,193 INSTALLATION 1,831 JOHN T. MAPEL ELECTRIC PROPOSAL NO. 1. GENERATOR $3,900 INSTALLATION 2 290 6 PROPOSAL NO. 2 GENERATOR $4,665 INSTALLATION 2,290 —T;m PROPOSAL NO. 3 GENERATOR $4,300 INSTALLATION 2,290 HOOG ELECTRIC CO. GENERATOR $4,233 767 x,383 MR. MURPHY MOVED THAT THE CITY AWARD THE BID TO BOOG ELECTRIC COMPANY CONTINGUENT ON VERIFICATION, IN WRITIN(; OF THE GENERATOR MEETING THE SPECIFICATIONS IN THE BID. MRS. BOYD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 4. PERMISSION TO ADVERTISE FOR TRACTOR BIDS FOR 92CMM-TION DEPARTMENT AFTER SOME DISCUSSION REGARDING THE SPECIFICATIONSo MRS. THURM MOVED TO POSTPONE THIS ITEM TO THE NEXT REGULAR MEETING. MRS. RIGERMAN SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 5. AUTHOR12ATION TO MODIFY CETA POSITIONS MAYOR NICHOLAS EXPLAINED THAT SINCE THE CITY WAS CONTRACTING WITH THE SHERIFF'S DEPARTMENT FOR POLICE PROTECTION, THE TWO CETA POLICE OFFICER POSITIONS, Q*TMM AT 7HIS TIM, COULD BE MME'F.RAM TO SOME' OHM DEPAiM*W IN THE CITY. MR. MURPHY MED THAT : TWO POLICE CFETCER POSITIONS UNDER THE CETA PFDW M BE 'PMWERM) '!O THE DEPAIti1Y MT. MRS. RIGERMAN SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. COUNCIL MINUTES PAGE 2 Or 3 & ATWH�1-15-77 Attachment 1 DISCUSSION: MRS. THURM REPORTED ON THE LIBRARY, MRS. RIGERMAN REPORTED ON BREVARD LEAGUE, MRS. BOYD MENTIONED 701 MEETING AT CITY,HALL TODAY, MR. MURPHY REQUESTED MR. BORING MOVE DUMPSTER AND MAYOR NICHOLAS COMMENDED THE EXCELLENT WORK OF THE GARBAGE COMMITTEE. MAYOR NICHOLAS MOVED TO ADJOURN THE MEETING AT 8:45 P.M. MRS. THURM SECONDED MOTION. MEETING ADJOURNED AT 8:45 P.M. APPROVED THIS A DAY OF DECEMOLPR , 1977. EDPff 4w- _� _ 1 COUNCIL MINUTES 11-15-77 PAGE 3 OF 3 6 Ate, MICROFILMED T OUTGOING LOG 4 77-677 SENT TO OWNERS OF RECORD Attachment 1 LOTS 1 THRU 14 LOTS 16 THRU 31 HARBOR HEIGHTS SUBDIVISI, City of Cape Canaveral 105 POI K AVFNLIC . CAPE CANAVERAL. FLORIDA 77920 TELEPHONE 309 783-1100 November 21, 1977 Residential Plan Unit Development - Ocean Woods Dear property owner: Final plans for the above development on the property just South of Harbor Heights Subdivision has been approved by the City of Cape Canaveral Board of Adjustment. Construction of the project will probably begin within the neat few weeks. Land clearing has already begun. The developer of this project, First Interstate Development Corporation, as part of the project agreed to deed to each of the property owners on the South part of Harbor Heights a 20 foot portion of -land abutting the Ocean Wood project. The purpose of deeding this land was to provide the Harbor Heights owners with an additional buffer area between their land and Ocean Wood development. The developer has already deeded to the City the entire 20 foot strip of land running the length of their project. The City at its regular meeting held on November 15, 1977, passed a Motion that the individual parcels will now be deeded to those persons residing in the affected area of Harbor Heights. The purpose of this letter is to determine whether or not you wish to receive this additional 20 feet in the rear ofyyour property. The additional land which is intended to be deeded to you will be 20 feet in width and (contd) ATTACHMENT TO COUNCIL MINUTES OF 11-15-77 Page 2 MICROFILMED 4.24.80 will•run the full length of your property from North to SouthIf you are desirous of receiving this land from the City, would you please respond on the enclosed form on or before January 1, 1978. The property will be deeded by the City in the name of the person appeasing on the tax roll and as addressed above. If you have chosen to receive this land a Quit Claim Deed will be forwarded to you as soon as possible, for you to record. If you do not wish to receive this land, the City would request that you indicate your intention on the enclosed form and return it to the City as soon as possible. In the event you do not desire to obtain this property, then said property will remain the ownership of the City of Cape Canaveral. Should you have any questions, please call the undersigned. Enclosure AT/gk Very truly yours, Ann Thurm Mayor Attachment 1 r ATTACHMENT TO COUNCIL MINUTES OF 11-15.71. AW MICROFILMED 4-24-80 e r Attachment 1 City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Fla 32920 yes, I wish to have the 20 foot Ocean Wood's parcel of property deeded to me. no, I do not wish to have the City of Cape Canaveral deed the 20 foot Ocean Wood parcel of property to me. Date Signed Address .•......... Attachment 2 MEMORANDUM OF AGREEMENT This Memorandum of Agreement is entered into on thisl 9thday of August, 2014, by and between the City of Cape Canaveral, Florida, a Florida Municipal Corporation ("City") and Tanya J. Guidi, an individual ("Guidi"). Whereas, by Deed dated November 7, 1977, First Interstate Development Corp., a Florida corporation, conveyed to the City a twenty foot (20') strip of land lying south of and adjacent to certain lots located within the Harbor Heights Subdivision; and Whereas, over the years, the City has conveyed portions of said strip of land to the adjacent Harbor Heights' lot owners; and Whereas, Guidi is the current owner of Lot 11 of the Harbor Heights Subdivision and has requested that the City convey by quit -claim deed whatever interests the City may have in said portion of said strip lying south and adjacent to Lot 11; and Whereas, the City desires to quit -claim its interest in said portion of the strip subject to a reservation of a public utilities easement; and NOW THEREFORE, in consideration of the mutual promises contained herein and other valuable consideration exchanged between the parties, the City and Guidi agree as follows: 1. Pursuant to the City of Cape Canaveral City Charter, the City, at the City's sole discretion, will proceed with the adoption of an Ordinance authorizing the conveyance of the following real property: That portion of the following described parcel of land lying south of and adjacent to Lot 11 and bounded by the southerly extension of the east and west lines thereof of Harbor Heights, Second Addition according to the Plat thereof as recorded in Plat Book 15 at Page 80 of the Public Records of Brevard County, Florida as said lot is physically occupied and monumented: A portion of Section 14, Township 24 South, Range 37 East, Brevard County, Florida more particularly described as follows: Begin at the southwest corner of Lot 1 of HARBOR HEIGHTS according to the plat thereof as recorded in Plat Book 13 at Page 99 of the Public Records of Brevard County, Florida, said point also being on the East line of that parcel of land described in Official Records Book 246 at Page 116 of the Public Records of Brevard County, Florida as said corner and line are physically occupied and monumented; Thence S89°52'18", along the South line of said HARBOR HEIGHTS and the South line of HARBOR HEIGHTS SECOND ADDITION and HARBOR HEIGHTS THIRD ADDITION, according to the plats thereof recorded in Plat Book 15 at Pages 80 and 81, respectively, of the Public Records of Brevard County, Florida, as said South line is physically occupied and monumented, for a distance of 2363.17 feet to the Southeast corner of Lot 31 of said HARBOR HEIGHTS THIRD ADDITION; Thence S 00°07'42" W, for a distance of 20.00 feet; Thence N 89° 52'18" W, along a line 20.00 feet South of as measured at right angles to and parallel with the South line of said HARBOR HEIGHTS, HARBOR HEIGHTS SECOND ADDITION and HARBOR HEIGHTS THIRD ADDITION as said South line is physically occupied and monumented, for a distance of 2362.28 feet to the East line of that parcel of land described in said Official Records Book 246 at Page 116, as said East line is physically occupied and monumented, Thence N 02026'04" W, along said East line as physically occupied and monumented, for a distance of 20.02 feet to the Point of Beginning; Containing 1.085 acres more or less. 11 Page Attachment 2 (hereinafter referred to as "Property") 2. Upon adoption of the aforementioned Ordinance, the City will execute and record in the Official Records of Brevard County, Florida a standard quit -claim deed conveying the Property to Guidi. However, the quit -claim deed shall state that the City is reserving a public utilities easement upon said Property. 3. Guidi hereby agrees to accept conveyance of the Property by quit -claim deed subject to said easement. 4. Guidi further acknowledges and agrees that the Property is being conveyed by the City "as is" without any representations or warranties being given by the City whatsoever. In addition, the Property is being conveyed by quit -claim deed without the benefit of a title report or an evaluation and opinion of title. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Agreement on the dates set forth below. CITY OF CAPE CANAVERAL By: Rocky Ra els, Mayor Dated: 8/19/2014 ATTEST For the: Ado&la Apieirsonot6y Clerk, MSI gra oti ti �� TANYA J. GUIDI Attachment 3 ORDINANCE NO. 10-2014 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, PURSUANT TO SECTION 2.12(6) OF THE CITY CHARTER, AUTHORIZING THE CONVEYANCE OF AN APPROXIMATE TWENTY (20') FOOT WIDE STRIP OF REAL PROPERTY LOCATED ALONG THE REAR BOUNDARY OF LOT 11 OF THE HARBOR HEIGHTS SUBDIVISION BY QUIT -CLAIM DEED WITHOUT ANY REPRESENTATIONS AND WARRANTIES MADE BY THE CITY; DECLARING THAT THE CITY OF CAPE CANAVERAL NO LONGER HAS A PUBLIC PURPOSE INTEREST IN SAID REAL PROPERTY AND THAT IT IS IN THE BEST INTERESTS OF THE CITY TO CONVEY THE REAL PROPERTY TO THE OWNER OF THE ADJACENT PROPERTY SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE QUIT -CLAIM DEED; PROVIDING FOR SEVERABILITY, THE REPEAL OF PRIOR INCONSISTENT ORDINANCES, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, section 2.12(6) of the City Charter requires the City Council to authorize the conveyance of land by Ordinance; and WHEREAS, the City has recently learned that an approximate twenty (20') foot wide strip of land located along the rear property boundary of Lot 11 of Harbor Heights Subdivision (with an address of 245 Harbor Drive, Cape Canaveral, Florida) may be owned by the City of Cape Canaveral ("Property"); and WHEREAS, the City of Cape Canaveral has no interest in maintaining fee simple ownership of the Property except to the extent that the City's Public Works Services Director determines that Property may still be needed for utility purposes, in which case, the City still desires to convey fee simple title of the Property subject to the City reserving a utilities easement; and City of Cape Canaveral Ordinance No. 10-2014 Page 1 of 3 Attachment 3 WHEREAS, by letter of agreement, the adjacent property owner has agreed to accept whatever interests the City may have in the Property, excluding any reserved easement rights which may be required hereunder, by quit -claim deed; and WHEREAS, City's interest in the Property is being conveyed without the benefit of a title examination and without any representations and warranties being given by the City whatsoever; and WHEREAS, the City Council of the City of Cape Canaveral, finds that this Ordinance is in the best interests of the public health, safety and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Conveyance of Real Property. The City Council of the City of Cape Canaveral hereby authorizes the City Manager to convey by quit -claim deed an approximate twenty (20') foot strip of land running adjacent to the rear property line boundary of Lot 11 of Harbor Heights Subdivision, Plat Book 13, Page 99 (Parcel Id. 24-37-14-25-00000.0-0011.00), as generally depicted on Exhibit "A," to the owner of said Lot 11. Exhibit "A" is attached hereto and hereby incorporated herein by this reference. ("Property") To the extent that the City Manager, in consultation with the City's Public Works Services Director, deems it necessary to maintain a utilities easement upon the Property, the quit- claim deed shall maintain a reservation of utility easement rights in favor of the City. Section 3. Instructions. The City Attorney is hereby authorized to prepare and file the necessary legal instruments to convey the Property to the owner of Lot 11. The City will pay the recording fees for the deed. Any other closing costs (if any) will be paid by the owner of Lot 11 unless otherwise approved by the City Manager. The City Manager and Mayor are hereby authorized to sign said instruments on behalf of the City in accordance with the advice of the City Attorney. Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. City of Cape Canaveral Ordinance No. 10-2014 Page 2 of 3 Attachment 3 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to City Charter. In the event, the conveyance of the Property does not occur within ninety (90) days of the effective date of this Ordinance, this Ordinance shall be deemed repealed at such time the City Council is advised of such determination at a public meeting. ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on the 16th day of September, 2014. ATTEST: ROCKY RANDELS, Mayor For Against John Bond Bob Hoog ANGELA APPERSON, City Clerk, MMC Buzz Petsos Rocky Randels Betty Walsh First Reading: August 19, 2014 Legal Ad published: August 28, 2014 Second Reading: September 16, 2014 Approved as to legal form and sufficiency for the City of Cape Canaveral only by: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 10-2014 Page 3 of 3 m x tool x EXHIBIT ' I Attachment 3 Izz-rz 1, AA�d rd f n O , .86 00 w 1 �15'° � .r��.. La 6'V 1, 40 i jowl ND CL 0CMlozS �M l ♦ t OC N :OOL to 400 Cathy Penner Island Title & Escrow Agency, Inc. 2245 N. Courtenay Pkwy. Merritt Island, FL 32953 City of Cape Canaveral Attachment 4 I)rA, F-�- RE: Quit Claim Deed to Tanya J. Guidi of 245 Harbor Drive, Cape Canaveral, FL Dear Ms. Penner, Please see the attached signed and approved Quit Claim Deed and check in the amount of $18.50 for recording with the Brevard Clerk of the Court. Sincerely, Angela M. Apperson, MMC City Clerk Encls: 105 Polk Avenue • Post Office Box 326 Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 Fax: (321) 868-1248 www.cityofcapecanaveral.org • email: info@cityofcapecanaveral.org Attachment 4 INSTRUMENT PREPARED BY AND RETURN TO: Anthony A. Garganese, City Attorney of Cape Canaveral Brown, Garganese, Weiss & D'Agresta, P.A. 1 I I N. Orange Ave, Suite 2000 P.O. Box 2873 Orlando, FL 32802-2873 QUIT -CLAIM DEED THIS QUIT -CLAIM DEED made and executed the day of September, 2014, by CITY OF CAPE CANAVERAL, FLORIDA, a Florida municipal corporation, whose address is 105 Polk Avenue, Cape Canaveral, Florida 32920, hereinafter called first party, to TANYA J. GUIDI, whose address is 245 Harbor Drive, Cape Canaveral, Florida 32920, hereinafter called the second party: WITNESSETH: Pursuant to City of Cape Canaveral Ordinance No. 10-2014, adopted by the City Council of Cape Canaveral on September 16, 2014, that the first party for and in consideration of the sum of $1.00, in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit -claim unto the second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Brevard, State of Florida, to wit: A portion of Section 14, Township 24 South, Range 37 East, Brevard County, Florida more particularly described as follows: Begin at the southwest corner of Lot 1 of HARBOR HEIGHTS according to the plat thereof as recorded in Plat Book 13 at Page 99 of the Public Records of Brevard County, Florida, said point also being on the East line of that parcel of land described in Official Records Book 246 at Page 116 of the Public Records of Brevard County, Florida as said corner and line are physically occupied and monumented; Thence S89°52' 18", along the South line of said HARBOR HEIGHTS and the South line of HARBOR HEIGHTS SECOND ADDITION and HARBOR HEIGHTS THIRD ADDITION, according to the plats thereof recorded in Plat Book 15 at Pages 80 and 81, respectively, of the Public Records of Brevard County, Florida, as said South line is physically occupied and monumented, for a distance of 2363.17 feet to the Southeast corner of Lot 31 of said HARBOR HEIGHTS THIRD ADDITION; Thence S 00°0742" W, for a distance of 20.00 feet; Thence N 89° 52,18" W, along a line 20.00 feet South of as measured at right angles to and parallel with the South line of said HARBOR HEIGHTS, HARBOR HEIGHTS SECOND ADDITION and HARBOR HEIGHTS THIRD ADDITION as said South line is physically occupied and monumented, for a distance of 2362.28 feet to the East line of that parcel of land described in said Official Records Book 246 at Page 116, as said East line is physically occupied and monumented, Thence N 02°26'04" W, along said East line as physically occupied and monumented, for a distance of 20.02 feet to the Point of Beginning; Containing 1.085 acres more or less. (hereinafter referred to as "Property") SUBJECT, however, to a reservation of a public utilities easement under, over, and upon said Property in favor of the first party and assignees thereof, which shall include a right -of -entry upon said Property in order to construct, repair, replace, operate and maintain said public utilities. TO HAVE AND TO HOLD, the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the said second party forever. Attachment 4 THIS QUIT -CLAIM DEED IS EXECUTED AND GRANTED BY THE FIRST PARTY WITHOUT ANY REPRESENTATIONS AND WARRANTIES WHATSOEVER AND WITHOUT THE BENEFIT OF AN EXAMINATION OF TITLE OR A TITLE REPORT. THE FIRST PARTY'S INTEREST IN THE PROPERTY, IF ANY, ARE BEING CONVEYED "AS IS." IN WITNESS WHEREOF, the first party has signed and sealed these presents the day and year first above written. WITNESSES: (signature) (print name) (signature) (print name) STATE OF FLORIDA COUNTY OF BREVARD CITY OF CAPE CANAVERAL, FLORIDA, a Florida municipal corporation By: Rocky Randels, Mayor ATTEST: By: Angela Apperson, City Clerk The foregoing instrument was acknowledged before me this day of September, 2014, by Rocky Randels, Mayor of the City of Cape Canaveral, Florida, (check one) ❑ who is personally known to me or ❑ who produced as identification. Notary Public Print Name: My Commission expires: 2 J�SQACE Heap City of Cape Canaveral ., City Council Agenda Form City Council Meeting Date: 9/16/2014 ... Item No. /3 Subject: Authorize removal of a specimen tree at 285 Monroe Avenue. Department: Code Enforcement Summary: On July 31, 2014, WW Tree, LLC submitted an application for the removal of two Live Oak trees located at 285 Monroe Avenue on behalf of Mr. & Mrs. Roy Liggett. The application stated that the trees are posing a clear and obvious safety hazard, are overhanging the roof of the structure and the roots are causing sewer line damage (Attachment #1). On August 5, 2014, the City Arborist and Staff conducted a site inspection. The Arborist submitted a Tree Hazard Evaluation Form (Attachment #2). The two trees are actually one tree with two trunks. The tree has a diameter at breast height (dbh) of thirty-eight (38) inches, is multi -stemmed, is approximately forty-five (45) feet in height, has a thirty- five (35) foot canopy spread and a forty-five (450) degree vertical lean towards the structure and utility services. The tree is located closer than ten (10) feet to the structure and has a small cavity of decay at the base of the tree. The Arborist's report indicates a very high hazard rating due to the size of the tree, the forty-five (450) degree vertical lean and its proximity to the structure and utility services. See provided photographs (Attachment # 3). Code Section 102-41 requires City Council approval for the removal of specimen trees and provides considerations for City Council review (Attachment #4). The tree will be mitigated pursuant to Chapter 102, Section 102-43, Tree Replacement Guidelines. / Submitting Department Director: Todd Morley ��`/' Date: 9/2/14 Attachments: #1 - Permit Application for the Removal of Trees & aerial photograph #2 - Tree Hazard Evaluation Form #3 - Photos of the Tree #4 - City Code Section 102-41 Financial Impact: None. q QQ Reviewed by Finance Director: John DeLeo/, Date: ! I✓ �� The City Manager recommends that City Council take the following action(s): Authorize removal of a specimen tree at 285 Monroe Avenue. Approved by City Manager: David L. Greene c0 Date: Zq City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain ATTACHMENT # 1 Date: q:31— CITY OF CAPE CANAVERAL Tracking# ,y_e70 RECFNED PERMIT APPLICATION Ptxmit# � � 3 12% FOR THE REMOVAL OF TREES Authority. City of Cape C mavetel Code of Ordinances Sec. 102-37(e) (321) 868-1222 City of Ceps Canaveral Building Department 7510 N. Atlantic Ave. Cape Canaveral, FL 32920 You may download this application: www.cityvif - ecanavtual.orp You may fax to: (321) 868-1247. Important Please complete the checklist on this form and provide documentation as indicated. A copy of contract may be required. Applications will not be accepted unless complete. APPLICANT WILL BE CALLED WHEN PERMIT IS READY. (Contractor or Owner is required to sign for the pu7nit, unless indicated otherwise by affidavit. I.D. may be required) Address of Job Site: 8S Legal description of property: TWN- Property Ownu Name, Contractor Name: Address: q'911 State License No.: RNG: SDC: Wbl) BiK: LAT: PB: PG: Phone., Address' tiff S� Name of Company: ]"' LL .3 Z 7.S4,1 Phone (=Wpager.): Please check all that apply (proof may be respired). Of the trze(s) to be removed, are all the trees: dead? suffering from severe structural defects? V posing a clear and obvious safety hazard? Please clary the reason iree(s) must be removed: d� k s /e wn h a a ve i a %moi H C -A - Do you plan to relocate the trees) or x"lant new tree(s)? Please describe:tab -1_1 a rd t i ,5 ¢ cy Notes: d.b.h. is diameter at breast height (4 % feet above grade) Caliper is the measurement of a tree 12 inches from the soil level. A Specimen Tree is one with a 24" or greater caliper measurement City Council shall have final approval authority for the removal of Specimen Trees. diseased? 2r Jed Wire c -4•-d J Type of Residential Building built or proposed on the property Quantity of protected/native trees over 3" dbb to I— Of the trees planned for removal, how may have caliper measurement of 24" or larger? Sum total dbh of all Inches of all protectedinative tress to be removed Valuation of tree removal work Conoames State Ltcense Single Family Residence Current Worker's . Po ' / Ex Record w it be kept an fk a$er miW subraW city Council if needed - please attach anyoval minutes $ Apartment DD Other Permit Appfication Checklist Notes Completed Permit hMlicafton A plan showing location and sizes of trees to be removed and planted dwwing AD � DonAnxtim and Jsn& cqp ng Conoames State Ltcense Romd wig be kq* on file after iakW submittal Current Worker's . Po ' / Ex Record w it be kept an fk a$er miW subraW city Council if needed - please attach anyoval minutes For removal of specimen or two ric trees Application is hereby made to obtain a permit to do the tree removal and replacement work as indicated. I certify that no work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all laws regulating tree removal in this jurisdiction. A copy of the permit shall be posted on-site until all tree removal activities are complete. By signing, applicant affirms that all above is true and correct and that he/she is an authorized agent of the Contractor and/or the Owner and has the authority to ly for this permit. l // ll cant's Signature: �-1.�1 /—Date• Applicant s Name: W i l t. ,,.-, (�CJt l/�� >iu � Notary use only. In the State of Florida, County of Brevard sworn and subscribed before me this day of .20_--, by 8 Printed name of Applicant who produced idmtification: c is personally ]mown to me. Al: S4"re - Notary Public At Lige G:tB1d%,Dept.FormMP Appl. Removal of Trees (3 D.U.) This form may be dunil"t-d. Brevard County Property Appraiser - Map2 ppv� Dana Blickley, CFA ' * Brevard County Property Appraiser 285 MONROE AVENUE PAGE 2 OF 2 Nato Oivenanad Como" Neffilt Wand So.vina complex Meta Govonmwt Corder Satoh Sentua Complex Palm Bay SWAN Coopbx A00 S&A Sl, 61l Floor 7575 N Ca enoy PWy 2726 Aofte Fron.MmSame Rd Wy 1615 SaRd 160 Copan Or, 6E r*wwlla, FL 32790 Memli Woad, FL 32833 Vista, FL 32M MCOams, FL 52833 Palin Bay, FL 32M Photo: (321)3M -S700 Plvu:(321)454436M Phar:132116904MW Phona:(321)265440 Pima:(321)862-4574 FsK (321) 254MU Fix: (321) 46/-615 Fac (321) aB0-6553 Fac (721)266.438 For (321) OU -4373 Document content intended for assessment purposes only. Not a survey. Map layers may not precisely align. other dW4imers apply, Printed Friday, August 22, 2014 at 4:41 PA+.:W.bcpao.us https://map.bcpao.us/Map2/default.aspx?tmcct=2433747&c=t 8/22/2014 ATTACHMENT # 2 (bA Photographic Guide to the Evaluation of Hazard Trees in Urban Areas o TREE HAZARD EVA LUAUON FORM 2nd Edition MapjxA, feon: owner: public private unknown other Date: -/� InspWor: l!'YQf L'l�Tie ['�►1�lCc4tt�a �'/��• bao//s Date of last inspection: to ti k ro vjvi TREE HAZARD RATM6-, 3 _/A Failure + Size + latget Hord potential of part Rating Rating Immediate action needed Needs further irrspectlon Dead free Tree #: 4 Specks: �?�ecCC�s �/!(q i`AXX XgKe., " Llweyi4K .. DBH: 31's:SM —ad: Height y - Sed: '8 y Form: 02/go;re * symmetric 0 minor asymmetry O major asymmetry O stump sprout 0 stag -headed Croom class: 0 dw**M 26"downent D knermediate D suppressed un "W ratio: 1 D o % Age class: [1 young C7 semi-malurree re O over- nescent Pruning 6lstory: wv, own dos D excessively thinned D topped ;;crown wised O pollarded =reduced O Bush cuts O cabled/braced ID muM.ipie pruning events dates: anKmon Special Value: 10specimen O herilagefiistoric 'Mina 70 unusual O street tree D screen O shade Mrindigenous protected by gov. agency TREE NMTK Follope soler. & O chbrotic G necrotic Epicer�es? 0 N Grown obarmom: Foliage dewhy: Wnormal D sparse// Leat size: ormal O small O stakes O wire/ties O signs O cables rmaal spoof grewrlh: D excellent tl�xverage O poor Twig DlebaW Y O c 0guards Woundwood deretopnnnt: O left iAaverage D poor U none r US S Vigor doss. O excekat >rlavataQe D Wr O poor M*r pests/dlseases: 1"t kn !4004- 60AI hd 61 6 fwaL k C'O. v r �,i gx� kc- Lco e or Ort SITEMN SNe chwa9w.. ffKd*a O wnfnerelal L] induatiial U park 0 Zwpn aoe O natural ❑ woodlanftrest Landscape f�pe: gparkway O raised bed D corrtalner D mound ❑ shrub border O wind break Willow O adequate O inadequate D excessive n trunk wettled Recent she disturbance? Y ) n construction D soil disturbance O grade change O line clea ring 0 she clearing % IdplMe pared: 10-25 25.5996 50-75% 75-100% Pavemem Msd7 Y N j % dripline wlAli soil: 10-25% 25-50% 50-75% 75-100% • dripline grade lowered: 6 10 25% t5-5096 50-75%V410% Soil problems: D drainage n shallow n compacted droughty D salineW 0 acidic 0 smak volume D disease center O historyod fail O day O expansive O slope ' aspect: obstructions: U fights signaoe D line-o"ight ew D overhead lines O underground utilities D traffic O adjacent veg. Ql Expowe to wind: t gsiagle tree Dcanopy Ilaabove canopy n recently mgmed nwindward, canopy edge narea prone to windthmw Prevailing wind direction r"_Occurrence of snowfice storms D never O seldom O regularly TARGET rse Under Tree: 9 building C parking D traffic W"pedeWbn WfW MMWn UKVftW Ohardscape DsmaN features err target be mored? Y ® Con use be restricted? Y8� /CWWW occupancy:Uoccasionaiuse Oirdermittentuse 0frequent use use The international Society of Arboricuhure assumes no responsibility for condusions or recommendations derived from use of this form. PAGE20F2 TREE DEFECTS ROOT DEFECTS.' suspect root rot: Y (0 Malifoo"Voe present: Y S) ID: Exposed roots: C] severe G moderate Undermined: G severe O moderate 01W Root pruned: C2 distance from trunk Root area effected: % Buttress wounded: Y Wfloo: Restricted rool area: 11 severe Li moderate I141ow Potential for root failure: U severe C moderate LEAN. deg, from vertical 'natural ❑unnatural ❑ self -corrected Soil heaving: Y Docap in plane of lean: 0 N Roots boibeffA�� Yt SNI ambrig: YCompounding factors: 'a T'ML2 OF f h,t __ Leansermt Omoderate Olow CROWN DEFECTS: Indicate presence of individual defects and rate their severity (s = seven:, m = moderate. I = low) DEFECT ROOT CROWN TRUNK SCAFFOLDS BRANCHES Poor tape r Bow, Cabminantslforks I� A11WL L Multiple attachments AIIA Included hark AIIAL- L Excessive end weight A/44L- Cracks/s lits ---- L Hangers / GirdlingL Wounds/sew _ Decay Cavil _ Conks/mushrooms/bracket f.. L L- -- L Bleedinoap flow Z L L L Loose/cracked bark Nesting ho6lbee hive _4. L — Deadwood/stubs Z_ Borers/termites/ants _ _ Cankers/galls/burls Previous failure �-- L - HAZARD RATING. Tree part most likely to tail: Inspection period: _ — -. _ annual _,._ biannual other Fa&e Potential + Size of Part 4 Targ�lRating = Hazard Rating —�---+ + t0— HAZARD ABATEMENT Failuure potential- 1 - low; 2 - medium;. 3 - high; 4 - severe Sire of part: 1- c6" (15 cm); 2 - 848" (1545 cm); 3 -18-3V (45-75 cm); 4 - >30r'(75 cm) Target rating: 1- occasional use; 2 intermittent use; 3 - frequent use; 4 - constant use Prune: L remove defective part U reduce end weight U crown clean O thin O raise canopy M crown reduce i=7 restructure O shape Cable/Brace: Remove tree: Y N Replace? Y N More larget: Yl'�' Other: Inspectfurther: L root crown U decay U aerial J monitor Effect on adjacent trees: lKnane Ovalu 3-5-1q, `oeNotiflcatlon: (7owner Gmanager vingagency Date: �• COMMENTS rhe- {cee Z rn5pec e v ,rai C-00-5 a L �e v l�, w rG �t 4 3L-'' l_37 .t• ,7� Of �hs/1�oe o`h� how e✓-er15 P fl.ere L--xx4 -a 5!'Yict 1l C!dwlW 0 deegy q/ Ake 6ySe o Fcfk-e •�ce4 TT..rS Could a+�5e p�a6�c�� �K ��e F,. Je , .�� you e C.Ky 9Ue.4rr"'s P�Se 6qJ w, v5 F105094 0 • WA -40 • .l. tow, ' s i/• j _ Rte" �� � y� '��' �,rr �'8'�''s, { i x ATTACHMENT # 4 Sec. 10241. Specimen trees. (a) Specimen trees shall be preserved or relocated on site to the greatest extent feasible. (b) Notwithstanding any other provision of this division, specimen trees shall not be removed except for extraordinary circumstances and hardships and only by final permit approved by the city council. As a condition of removal of any specimen tree, the city council shall have the right to require that replacement trees be planted or a contribution to the tree bank be made in accordance with section 102-43, except replacement and/or tree bank contribution shall be based on a maximum of a two -to -one ratio of cumulative diameter (dbh) basis of specimen trees removed using the data in Table 1. (c) In reviewing an application for final permit to remove a specimen tree, the city council shall consider the following: (1) Whether the site design, as determined by a preland-clearing inspection, are feasible to allow the use permitted, as established by the applicable zoning district regulations. Streets, rights-of-way, easements, utilities, lake perimeters and lot lines shall be shifted whenever possible to preserve trees. (2) Whether the specimen tree is located within the footprint of the proposed structure or if more than one-third of the specimen tree canopy would be required to be removed in order to accommodate the proposed structure, and whether or not it is feasible to relocate the structure. (3) Whether the location of the specimen tree prevents any access to the property from a publicly dedicated and maintained roadway, or whether the tree constitutes a hazard to pedestrian or vehicular traffic that cannot be mitigated without removing the tree. (4) Whether the location of the specimen tree interferes with or prevents the construction of utility lines, drainage facilities, roadways or required vehicular use area which cannot be practically relocated or rerouted. (S) Whether the specimen tree is diseased, weakened by age, storm, fire or other injury so as to pose a danger to persons, property, site improvements or other trees. City of Cape Canaveral City Council Agenda Form an s City Council Meeting Date: 09/16/2014 Item No. /4 Subject: Obtain consensus on path forward for the North Atlantic Avenue Streetscape Project and incorporate approved changes in final engineering design. Department: Public Works Services. Summary: The North Atlantic Avenue Streetscape Project is the second streetscape project planned for the City; the Ridgewood Avenue Streetscape Project was completed in 2010. Other potential streetscape projects include SR A1A (designed/funded by Florida Department of Transportation [FDOT]), East/West Central Boulevard, Thurm Boulevard and Center Street. These streetscape projects meet several goals of the City's Vision Statement including: • "Complete street" amenities include bicycle facilities, covered transit stops and safe pedestrian crossings that invite pedestrians and bicyclists to access the beach, river, local neighborhoods and adjacent communities. • Multi -use paths lined with shade trees should be wide enough for bikes and pedestrians and lighted so anyone can walk or bicycle safely anywhere in town, day or night. • Welcoming community entrance features that create a sense of arrival and unique community identity. Ninety percent (90%) engineering drawings and draft bid specifications were completed for the North Atlantic Avenue Streetscape Project. In general, the Project includes construction/installation of the following improvements in the North Atlantic Avenue corridor from SR A1A to the northern City limit near Port Canaveral: • Utility poles and services moved to the back of the right-of-way along the western side of the roadway (completed); • Pedway along the western side of the roadway (10 feet wide in most areas); • Sidewalk along the eastern side of the roadway (5 feet wide); • Bio-swales in selected areas for the collection/treatment of stormwater; • Stormwater system improvements; • Solar -powered lights along the western side of the roadway; • Signalization upgrades at intersection with Canaveral Boulevard; • Decorative crosswalks and street signage; • Decorative bus shelters at three locations; • Reclaimed water line to northern City limit along the western side of the roadway; • Reclaimed water service to all properties; • Extensive trees, bushes and ground cover; and • Miscellaneous infrastructure. Funding for the Project is from a number of sources including: • $1,944,821 in grant funds from the Federal Highway Administration (FHWA) through FDOT and Space Coast Transportation Planning Organization (SCTPO); • $868,732 in Brevard County Transportation Impact Fees; • Possible grant funds from Space Coast Area Transit (SCAT) for three decorative City Council Meeting Date: 9/16/2014 Item No. I Page 2 of 2 bus shelters; and • Additional funds from the City's General Fund and Stormwater Enterprise Funds. Representatives from the City and engineering design firms will be present to answer questions and provide additional information. Approved changes will be incorporated into the final engineering design drawings, which will be submitted with bid specifications to FDOT for review. Local Agency Program (LAP) documents have been submitted to FDOT in order to receive FHWA funds. It is anticipated that the Project will be publicly bid prior to the end of the calendar year Submitting Department Director: Jeff Ratliff \ �r Date: 08/30/14 Attachments: N/A — Artist renderings and engineering design drawings will be available for review at the City Council Meeting. Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Finance Director: John DeLeo �() Date: 08/30/14 The City Manager recommends that City Council )6ke the following action: Obtain consensus on path forward for the North Atlantic Avenue Streetscape Project and incorporate approved changes in final engineering design. Approved by City Manager: David L. Greene 0'4Date: 2 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain