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HomeMy WebLinkAboutcocc_council_mtg_packet_20200421CAPE CANAVERAL CITY COUNCIL REGULAR MEETING VIRTUAL MEETING via GoToWebinar https://attendee.gotowebinar.com/register/3596726141294850061 or via telephone 1-415-930-5321; Attendee Access Code: 119-853-270 AGENDA April 21, 2020 6:00 P.M. COVID-19 PANDEMIC ADVISORY: Due to the COVID-19 Pandemic Emergency, this meeting will be held virtually by communications media technology (CMT). Pursuant to Executive Order No. 20-69, issued by the Office of Governor Ron DeSantis on March 20, 2020, municipalities may conduct meetings of their governing boards without having a quorum of its members present physically or at any specific location, and utilizing communications media technology such as telephonic or video conferencing, as provided by Section 120.54(5)(b)2, Florida Statutes. Special instructions for the public to attend and provide public comments during this meeting can be found at: https://www.cityofcapecanaveral.org/government/city departments/city clerk s office/public re cords laserfiche weblink.php. Please read and follow the instructions carefully if you want to attend or provide public comments on specific agenda items. 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. Please review and follow the Special Instructions referenced above to submit public comments for this meeting. CONSENT AGENDA 6:15 p.m. — 6:20 p.m. Any member of the public may address any items on the Consent Agenda listed for final official action by the City Council excluding ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or emergency items. 1. Approve Minutes for February 18, 2020 Regular Meeting. City of Cape Canaveral, Florida City Council Meeting April 21, 2020 Page 2 of 3 2. Resolution No. 2020-06; vacating a portion of an existing utility easement existing on Lot 1, Key Shore, according to the plat thereof as recorded in Plat Book 31, page 33 of the Public Records of Brevard County, Florida, as more particularly described herein within the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, recording, severability and an effective date. 3. Accept the Annual Audited Financial Statements and Independent Auditor's Report for the Fiscal Year ended September 30, 2019. 4. Approve the addition of one (1) more firefighter to each of the three first responding vehicles per shift, providing for a total addition of nine (9) members to Canaveral Fire Rescue (CFR). 5. Approve Amendment No. 1 to Purchase Order No. 18087 to Tetra Tech in the amount of $79,922 for performance of construction phase engineering services to comply with Consent Order OGC File No. 18-0916 from Florida Department of Environmental Protection and authorize Interim City Manager to execute same. 6. Award the bid for rehabilitation of the Intermediate Lift Station at the Water Reclamation Facility to EE&G Construction & Electrical, LLC in the amount of $411,585 and authorize Interim City Manager to execute Construction Agreement for same. 7. Award the Bid for replacement of Lift Station No. 3 to Utility Technicians, Inc. in the amount of $436,430.76 and authorize Interim City Manager to execute Construction Agreement for same. 8. Approve request for a 90-day extension to the Holiday Inn Club Vacations Cape Canaveral Beach Resort (formerly known as Cape Caribe) Binding Developer's Agreement between the City and Holiday Inn Club Vacations Incorporated. PUBLIC HEARING 6:20 p.m. — 6:25 p.m. 9. Ordinance No. 02-2020; amending Chapter 26 — Elections, of the Code of Ordinances; changing the qualifying period for candidates for the offices of Mayor and City Council to be consistent with the requirements of the Brevard County Supervisor of Elections; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, second reading. ITEMS FOR DISCUSSION 6:25 p.m. — 6:40 p.m. 10. Discuss the City Manager position, as per Council consensus on February 18, 2020, and take any relevant action as advised by the City Attorney. 11. Discussion on Reducing Fees and Regulations for the Community in response to Executive Orders related to COVID-19. (Submitted by Council Member Morrison) City of Cape Canaveral, Florida City Council Meeting April 21, 2020 Page 3 of 3 12. Discussion Policy and Budget under the Civil Emergency related to COVID-19. (Submitted by Council Member Morrison) REPORTS 6:40 p.m. — 6:50 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 virtual meeting is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the City Clerk's office [(321) 868-1220 x207 or x206] 48 hours in advance of the meeting. CITY OF CAPE CANAVERAL ATTENTION: TEMPORARY VIRTUAL PUBLIC MEETING AND COMMENT INSTRUCTIONS IN LIGHT OF COVID-19 EMERGENCY Due to the COVID-19 Pandemic Emergency, City Hall is closed to the public in an effort to comply with Federal and State public health and safety directives to keep our citizens and City officials and employees safe. As a result, the City of Cape Canaveral will be temporarily utilizing virtual Communications Media Technology (CMT) for upcoming City Council and other board meetings pursuant to the Governor's Executive Order Number 20-69 and Florida Statutes, Section 120.54(5)(b)(2) until further notice. Governor DeSantis' Executive Order suspended the requirement of a quorum to be present in person or having a local government body meet at a specific public place. Therefore, the City Council and other City boards (hereinafter referred to as "Board") may attend public board meetings and participate by telephonic and video conferencing. Additionally, for the safety of our citizens, in -person attendance by the public will not be allowed at this meeting due to the COVID-19 Emergency and the closing of City Hall to the public. However, the City of Cape Canaveral remains committed to providing alternative platforms for citizens to virtually attend scheduled board meetings and have an opportunity to submit their public comments in an efficient, orderly and safe manner. INSTRUCTIONS FOR VIRTUAL ATTENDENCE AT MEETING AND AGENDA. The City of Cape Canaveral temporary CMT meeting platform is GoToWebinar. Videoconferencing and teleconferencing will be used to virtually connect the following meeting participants: board members, City staff, City Attorney, City consultants and Applicant(s), if any, for purposes of conducting the board meeting. However, the public may virtually attend the meeting live by viewing and listening to the meeting by accessing the meeting at the following internet address: https://attendee.gotowebinar.com/register/3596726141294850061 or, the public may phone into the meeting by dialing 1-415-930-5321; access code: 119-853-270. To obtain a copy of the board meeting agenda interested persons should go to the City's online Public Records/Laserfiche WebLink and search for the specific board and agenda package at: https://www.cityofcapecanaveral.org/government/city departments/city clerk s office/public re cords laserfiche weblink.php City of Cape Canaveral Virtual Meeting Instructions Page 1 of 4 INSTRUCTIONS FOR PROVIDING PUBLIC COMMENTS REGARDING MEETING AGENDA Public comments are permitted at most scheduled board meetings. When public comments are permitted, there are several alternative ways for the citizens to provide public comments to the board prior to or during the scheduled board meeting: 1. ONLINE PUBLIC COMMENT FORM Please complete a City online public comment registration form and upload any relevant attachments related to the City of Cape Canaveral and board agenda items at: https://www.cityofcapecanaveral.org/government/city departments/city clerk s office/public m eeting speaker registration.php Comments must be received no later than 4 PM the day of the meeting and these comments will be distributed to the board and City staff and officials participating in the meeting. Any comments received after the deadline may not be distributed and read during the meeting but will be included as part of the record. At the meeting, City staff will read your written comment and add it to the public record. However, public comments are limited to three (3) minutes so please keep your written comments to no more than 400 words. Please note that written comments that extend beyond the set time limit will not be read in their entirety. The citizens entire written comment, however, will be entered into the record. Public comments read into the record are subject to City meeting rules of decorum. Please also note that the time allocated to each person for public comment is subject to the discretion of the board and may be reduced from three (3) minutes based on the number of speakers and comments received or previous comments made by the speaker. 2. BY EMAIL OR U.S. MAIL Please send your written public comment and any relevant attachments related to the City of Cape Canaveral and board agenda to publiccomments@cityofcapecanaveral.orq, or deliver them in writing by U.S. Mail to Cape Canaveral City Clerk's Office, ATTENTION: PUBLIC COMMENT, 100 Polk Avenue, Cape Canaveral, Florida 32920. Comments must be received no later than 4 PM the day of the meeting and these comments will be distributed to the board and City staff and officials participating in the meeting. Any comments received after the deadline may not be distributed and read during the meeting but will be included as part of the record. Emails are preferred over U.S. Mail. Please identify the applicable board meeting and include your name, address, phone number and the agenda item or topic of your public comments in the email. At the meeting, City staff will read your written comment and add it to the public record. However, public comments are limited to three (3) minutes so please keep your written comments to no City of Cape Canaveral Virtual Meeting Instructions Page 2 of 4 more than 400 words. Please note that written comments that extend beyond the set time limit will not be read in their entirety. The citizen's entire written comment, however, will be entered into the record. Public comments read into the record are subject to City meeting rules of decorum. Please also note that the time allocated to each person for public comment is subject to the discretion of the board and may be reduced from three (3) minutes based on the number of speakers and comments received or previous comments made by the speaker. 3. PARTICIPATION OPPORTUNITIES DURING THE GOTOWEBINAR MEETING There will be appropriate times during the GoToWebinar meeting when the chairperson or designee of the meeting will invite live public comment during the public participation portion of the meeting and for specific agenda items. You must be properly logged into the live GoToWebinar meeting on your computer or electronic device and have a functioning microphone to participate live. When these invitations are announced by the chairperson or designee at the meeting, citizens may virtually raise their hand to speak by pressing the hand feature on the GoToWebinar screen in timely manner so as to be recognized as a speaker by the City staff person monitoring the meeting. The hand feature is illustrated in the following screenshot: File View Help Audio Sound Check Computer audio Phone call MUTED Microphone (HD Webcam C510) Speakers (High Definition Aud... Questions (Enter a question for staff) Send Multi sessions different registrants Webinar ID: 980-960-603 GoToWebinar When the citizen is recognized by the City monitor for their turn to speak to the board, the citizen's audio will be unmuted, and citizens should speak loudly into their microphone. The citizen must first state their name and address for the record, and then provide their public comment within the time period allowed. The public comment must also be relevant to the board agenda item being considered at that time, and not for purposes of repeating any written comments previously provided by the speaker by online public input form, email or mail. Irrelevant and repetitive public comments will be deemed out -of -order and will not be heard. At the conclusion of the Citizen's public comment opportunity, the citizen's audio will be muted so the board can continue conducting the meeting. City of Cape Canaveral Virtual Meeting Instructions Page 3 of 4 Public comments are limited to three (3) minutes. The comments will be heard at the meeting and will be entered into the record. Public comments are subject to City meeting rules of decorum. The citizen's activated audio may be muted by the City for violating the time limit or rules of decorum. Please also note that the time allocated to each person for public comment is subject to the discretion of the board and may be reduced from three (3) minutes based on the number of speakers or comments received or previous comments made by the speaker. ACCESSIBILITY STATEMENT The City intends to have a sign language interpreter participating at the meeting who will be visible on the GoToWebinar videoconference screen. However, in accordance with the Americans with Disabilities Act of 1990, persons needing additional special accommodation to participate in this meeting may contact the City Clerk's Office at 321-868-1220 no later than one (1) business day prior to the meeting. MISCELLANEOUS The rules established herein are intended to provide a general framework for the conduct of public CMT meetings as authorized pursuant to the Governor's Executive Orders Nos. 20-52 and 20-69. The City of Cape Canaveral reserves the right to modify, amend, or discontinue these temporary procedures for public comments, with or without notice, in order to ensure compliance with applicable laws, rules and regulations; to overcome technical or logistical difficulties or practical challenges in implementing public meetings via CMT; or to ensure the public health, safety and welfare of the public. Thank you for your patience and understanding during this very challenging time. For more information about these temporary procedures or a board meeting, please contact the City Clerk prior to the meeting during normal City business hours at: 321-868-1220. City of Cape Canaveral Virtual Meeting Instructions Page 4 of 4 Item No. 1 CAPE CANAVERAL CITY COUNCIL MEETING CITY HALL COUNCIL CHAMBERS 100 Polk Avenue, Cape Canaveral, Florida TUESDAY February 18, 2020 6:00 PM DRAFT MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:01 PM. Council Member Kellum led the Pledge of Allegiance. ROLL CALL: Council Members Present: Mayor Pro Tem Mike Brown Mayor Bob Hoog Council Member Mickie Kellum Council Member Wes Morrison Council Member Angela Raymond Others Present: Interim City Manager City Attorney City Clerk Administrative/Financial Services Director Capital Projects Director Community Development Director Cultural and Community Affairs Director Leisure Services Director Public Works Services Director HR/Risk Management Director Deputy City Clerk Executive Assistant to the City Manager Brevard County Sheriff's Office Commander Brevard County Sheriff's Office Lieutenant Canaveral Fire Rescue Assistant Chief/Fire Marshal Todd Morley Anthony Garganese Mia Goforth John DeLeo Jeff Ratliff David Dickey Molly Thomas Gustavo Vergara Jim Moore Melissa Huser Daniel LeFever Lisa Day Andrew Walters Joanna Seigel John Cunningham PUBLIC PARTICIPATION: Tony Divito, resident, shared information regarding the donation of a bike rack to Cherie Down Park. Council thanked Mr. Divito for his participation in the project. Art Berger, resident, property/business owner and former Council Member, expressed support for hiring Interim City Manager Morley as City Manager of Cape Canaveral. Council thanked Mr. Berger. Ryan and Morgan Hamby, residents, submitted a signed Petition to Slow Traffic Along Madison Ave., to protect the safety of the community, proposing the placement of a four-way stop sign at DRAFT City of Cape Canaveral, Florida City Council Meeting Minutes February 18, 2020 Page 2 of 5 the intersection of Madison and Magnolia Avenues or speed humps for the 300 and 400 blocks of Madison Avenue. Discussion ensued and included the law enforcement speedometer and its effectiveness while in operation, whether alternative methods are available, the City's awareness of the issue and a promise to work on the problem. Mayor Hoog and thanked the Hambys. PRESENTATIONS/INTERVIEWS: Presentation of Proclamation to staff, volunteers and board members of the Cape Canaveral Public Library, recognizing the importance of libraries in our Community and declaring February to be National Library Lovers' Month in the City of Cape Canaveral: Cultural and Community Affairs Director Thomas invited members of the Cape Canaveral Public Library staff, volunteers and board to join her in front of the dais while she read the Proclamation. Council thanked Staff and everyone in attendance. Presentation of Proclamation declaring March 2020 as Problem Gambling Awareness Month to Florida Council on Compulsive Gambling Board President David Griffin: Mayor Pro Tem Brown read and presented the Proclamation to Board President David Griffin. Council thanked Mr. Griffin. Presentation by AARP Florida, Associate State Director of Advocacy & Outreach Ingrid Collins regarding the City of Cape Canaveral's membership in the AARP Network of Age -Friendly States and Communities Program and its role in the City's sustainability and resiliency initiatives: Director Collins made the presentation and thanked Staff for going above and beyond with the City's Action Plan. The AARP Network of Age -Friendly States and Communities Certificate was presented to Staff and City Council. Accept the Annual Audited Financial Statements and Independent Auditor's Report for the Fiscal Year ended September 30, 2019 — Presentation by Zach Chalifour, James Moore & Co: Certified Public Accountant Doug Gillikin made the presentation to City Council. Council thanked Staff and the auditors. Interview Applicant for appointment to the Planning and Zoning Board. (Ann [Nancy] Gentilquore): City Attorney Garganese confirmed the information contained in Ms. Gentilquore's application to be true and correct. Ms. Gentilquore provided her background and reasons for her desire to serve. Council thanked Ms. Gentilquore. CONSENT AGENDA: Mayor Hoog inquired if any Items needed to be removed for discussion. Council Member Morrison removed Item 7. 1. Approve Minutes for January 21, 2020 Regular Meeting 2. Resolution No. 2020-02; approving request for funding assistance under the Florida Inland Navigation District Waterway Assistance Program for construction of an environmental education boardwalk and kayak/canoe dock at the future Long Point Estuary Park; providing for the repeal of prior inconsistent resolutions, severability and an effective date. DRAFT City of Cape Canaveral, Florida City Council Meeting Minutes February 18, 2020 Page 3 of 5 3. Resolution No. 2020-03; authorizing joining the Florida Hate Crime Coalition; providing for the repeal of prior inconsistent resolutions, severability and an effective date. 4. Resolution No. 2020-04; appointing a member 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. (Ann [Nancy] Gentilquore) 5. Resolution No. 2020-05; approving the First Amendment to the State of Florida Department of Transportation Restated Interlocal Agreement for creation of the Transportation Planning Organization; providing for the repeal of prior inconsistent resolutions, severability and an effective date. 6. Approve Interlocal Agreement with City of Cocoa for funding potable water line design, permitting, bidding and construction as part of the Thurm Boulevard Streetscape Project and authorize the Mayor to execute same. 7. Award the Bid for Mowing and Landscaping Maintenance to U.S. Lawns of Rockledge, Florida in the amount of $190,043.00 and authorize Interim City Manager to execute Mowing and Landscaping Agreement for same. A motion was made by Council Member Morrison, seconded by Council Member Raymond, to approve Item Nos. 1 through 6 on the Consent Agenda. The motion carried 5-0. Item 7. Discussion ensued and included concerns over the Bid award amount, ideas to offset costs, pros and cons of going forward with the Agreement or pursuing other measures such as in-house mowing and landscaping, the Bid process, pros and cons of using a correctional inmate crew and hiring additional employees for in-house services, how the City and other municipalities use the Florida Department of Corrections Work Squad, contract can always be adjusted, thirty - day notice provision in the contract and palm tree trimming is conducted by the City as well as the outside contractor. A motion was made by Council Member Morrison, seconded by Council Member Kellum, to award the Bid to U.S. Lawns of Rocledge, as written. The motion carried 5-0. PUBLIC HEARINGS: 8. Ordinance No. 01-2020; amending the City Code to establish locational, design and operational requirements for self-service storage facilities within the City; adopting conforming amendments to the Zoning Code including revising definitions and existing storage regulations; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, second reading: City Attorney Garganese read the title into the record, explained the Council approved revisions since the last City Council Meeting. Discussion ensued and included pros and cons of allowing these types of buildings on Center Street and other areas of the City, special exceptions and the Economic Opportunity Overlay DRAFT City of Cape Canaveral, Florida City Council Meeting Minutes February 18, 2020 Page 4 of 5 District. The Public Hearing was opened. Garrett Lane, resident, spoke in favor of the Ordinance and shared personal experiences of living near self -storage facilities. The Public Hearing was closed. Interim City Manager Morley clarified that a motion to adopt would be in support of design criteria of self-service storage facilities and operational requirements in the M-1 zoning district as written, confirmed existing structures would now be considered non -conforming and, if destroyed, could only be re -built in compliance with the design standards within the Ordinance and made reference to a section of the Code that addresses all manner of non -conformities. A motion was made by Council Member Kellum, seconded by Council Member Morrison, to adopt Ordinance No. 01-2020, as written, at second reading. The motion carried 4-1, with Mayor Pro Tem Brown voting against. 9. Ordinance No. 02-2020; amending Chapter 26 — Elections, of the Code of Ordinances; changing the qualifying period for candidates for the offices of Mayor and City Council to be consistent with the requirements of the Brevard County Supervisor of Elections; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, first reading: City Attorney Garganese read the title into the record and explained the Item. Brief discussion ensued regarding the ten day period. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Kellum, seconded by Council Member Raymond, to approve Ordinance No. 02-2020 at first reading. The motion carried 5-0. REPORTS: A motion was made by Council Member Kellum to hire Interim City Manager Morley as the official City Manager and requested Council discuss the measure. Discussion ensued and included a desire to stay within the six-month schedule previously set by Council. City Attorney Garganese explained the Motion made by Council Member Kellum should be treated as a request to discuss hiring Interim City Manager as the permanent City Manager, Council may discuss any subject under Reports, advised a contract needs to be prepared if Council decided to go in the direction of hiring Mr. Morley and be presented at a subsequent City Council Meeting for final consideration. Discussion continued on the need to discuss the issue before the Council Retreat, public awareness, Mr. Morley's abilities, accomplishments and his resume. Council reached consensus to schedule discussion of the City Manager position at its March 17, 2020 Regular City Council Meeting. Interim City Manager Morley expressed thanks. Council Member Kellum discussed planting Sea Oats, a Space Coast League of Cities Meeting, City Hall Open House, Coffee with the City Manager, thanks to and pride for the City and Staff, and the on February 15, 2020 event at the VFW and upcoming Brainstorming Session on February 24, 2020 at City Hall regarding Veterans Memorial Park with the assistance of Staff. Council Member Raymond discussed a recent trip to Israel and Jordan, Space Coast Transportation Planning Organization presentation at Cocoa City Hall, the Central Brevard Art Association Show at the Cape Canaveral Library on February 11, 2020, City Hall Open House, Staff's DRAFT City of Cape Canaveral, Florida City Council Meeting Minutes February 18, 2020 Page 5 of 5 excellent work on the recently published State of the City and hopes for the Japan travel grant to be successful. Council Member Morrison discussed the VFW Brainstorm Session regarding Veterans Memorial Park, Friday Fest, State of the City and expressed thanks to Staff and first responders. Mayor Pro Tem Brown discussed the Mayors' Fitness Challenge with the City in First Place, expressed thanks to the City for efforts in assisting the Parent -Teachers Organization and Little League Baseball fundraising, asked that everyone keep the family of Florida Highway Trooper Joseph Bullock in their thoughts and thanked Staff and first responders. Mayor Hoog discussed the success of Sea Oats planting, Central Brevard Art Association Art Show and stated lots of good things are going to happen this year in the City. Interim City Manager Morley discussed the Request for Qualifications (RFQ) for the Multi - Generational Facility and Culture Arts Preservation and Enrichment (CAPE) Center scheduled for advertisement on February 27, 2020, upcoming Founders' Day celebration at Manatee Sanctuary Park on February 29, 2020 starting at 10:00 a.m. and his planned attendance at the 2020 ICMA Regional Conference in Durham, North Carolina. Interim City Manager Morley stated Staff will reach out to Mr. and Mrs. Hamby regarding what the City has planned in response to their submitted Petition . ADJOURNMENT: There being no further business, the Meeting adjourned at 7:54 PM. Bob Hoog, Mayor Mia Goforth, City Clerk City of Cape Canaveral City Council Meeting - April 21, 2020 Agenda Item Summary Item No. 2 Subject: Resolution No. 2020-06; vacating a portion of an existing utility easement existing on Lot 1, Key Shore, according to the plat thereof as recorded in Plat Book 31, page 33 of the Public Records of Brevard County, Florida, as more particularly described herein within the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, recording, severability and an effective date. Department: Community Development Summary: John Kristmann, owner of property with an address of 299 Chandler Street (Attachment 1), has requested the City vacate a portion of an existing City utility easement to allow for a 264 square foot screen room proposed to be added onto his residence. The subject parcel is uniquely situated in that it has street frontage on three (3) sides (north, west and east), resulting a significantly reduced building envelope once building setbacks are applied. Furthermore, a City Utility Easement lies immediately east of the residential structure, further reducing the buildable area. Permanent structures, such as the proposed screen room, are prohibited in an easement of this nature. In order to allow for the proposed addition, a portion of the City Utility Easement must be vacated. To this end, the City Attorney's Office has prepared Resolution No. 2020-06 (Attachment 2). The subject vacation has been reviewed by the Public Works Services Department and City Engineer (Attachments 3 and 4), both of which have no objections to the request. There are no public utilities in the area proposed to be vacated. The proposed vacation will not effect in any way the remaining property covered by the utility easement, which shall remain in full force and effect. If adopted, Staff will record Resolution No. 2020-06 in the Official Records of Brevard County. Submitting Department Director: David Dickey Date: 3/10/2020 Attachments: 1 - Aerial Map 2 - Resolution No. 2020-06 w/Exhibit "A" 3 - Public Works Services Department Approval Memo 4 - City Engineer Approval Memo Financial Impact: Staff time and effort to prepare Agenda Item; cost of recordation. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 3/10/2020 The Interim City Manager recommends that City Council take the following action: Adopt Resolution No. 2020-06. Approved by Interim City Manager: Todd Morley Date: 3/10/2020 Attachment 1 Aerial Map - 299 Chandler Street Attachment 2 RESOLUTION NO. 2020-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; VACATING A PORTION OF AN EXISTING UTILITY EASEMENT EXISTING ON LOT 1, KEY SHORE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 31, PAGE 33 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN WITHIN THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, RECORDING, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral has been asked to consider vacating a portion of an existing utility easement on Lot 1, Key Shore, according to the Plat thereof as recorded in Plat Book 31, Page 33 of the Public Records of Brevard County, Florida, as more particularly described in the legal description and sketch prepared by Kugelmann Land Surveying, Inc., dated February 10, 2020, which is attached hereto and fully incorporated herein as Exhibit "A"; WHEREAS, this Resolution was adopted pursuant to the Florida Municipal Home Rule Powers Act; and WHEREAS, based on an evaluation of City Staff, the City of Cape Canaveral and other public utilities do not currently use, nor have any plans to use, the portion of said existing easement for utilities purposes; and WHEREAS, to the best of the City's knowledge, no other public utilities are currently utilizing the area subject to this vacation for public utilities purposes; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Cape 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 as legislative findings of the City Council of Cape Canaveral. Section 2. Vacation of Portion of Existing Easement. The City Council of the City of Cape Canaveral hereby vacates a portion of an existing utility easement on Lot 1, Key Shore, according to the Plat thereof as recorded in Plat Book 31, Page 33 of the Public Records of Brevard County, Florida, as more particularly described and depicted in the legal description and sketch City of Cape Canaveral Resolution No. 2020-06 Page 1 of 2 prepared by Kugelmann Land Surveying, Inc., dated February 10, 2020, which is attached hereto and fully incorporated herein as Exhibit "A". This vacation of easement rights shall not effect in any way whatsoever the remaining property covered by said utility easement, which shall remain subject to the utility easement and which shall remain in full force and effect until expressly vacated by the City of Cape Canaveral by a legal instrument duly approved by the City Council and recorded in the Official Public Records of Brevard County, Florida. Section 3. City Clerk to Record. Following adoption of this Resolution, this Resolution shall be recorded by the City Clerk in the Official Records for Brevard County, Florida. Section 4. Repeal of Prior Inconsistent Resolutions. All other prior inconsistent resolutions adopted by the City Council are hereby repealed. Section 5. Severability. If any section, clause, phrase, word, or provision 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 6. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida, and recorded pursuant to Section 3 of this Resolution. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 21st day of April, 2020. Bob Hoog, Mayor ATTEST: Mike Brown Mia Goforth, CMC City Clerk For Against Mike Brown Robert Hoog Mickie Kellum Wes Morrison Angela Raymond 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. 2020-06 Page 2 of 2 RESOLUTION NO. 2020-06 EXHIBIT"A" SHEET 1 OF 2 NOT VALID WITHOUT THE SKETCH OF SHEET 2 OF 2 LEGAL DESCRIPTION SECTION 14. TOWNSHIP 24 SOUTH. RANGE 37 EAST. PARENT PARCEL ID NUMBER: 21-37-14-62-*-1 PURPOSE OF SURVEY: VACATE EASEMENT LEGAL DESCRIPTION: BY SURVEYOR A PORTION OF LOT 1, KEY SHORE. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 31, PAGE 33 OF THE PUBLIC RECORDS OF BREVARD COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE 590°00'00"W ALONG THE SOUTH LINE OF SAID LOT 1. A DISTANCE OF 13.32 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE 590°00'00"W ALONG SAID SOUTH LINE, A DISTANCE OF 12.00 FEET TO THE WEST LINE OF THE UTILITY EASEMENT; THENCE N00°10'21"W ALONG THE SAID WEST LINE. A DISTANCE OF 22.00 FEET: THENCE N90°00'00"E, A DISTANCE OF 12.00 FEET; THENCE SOO°10'21"E. A DISTANCE OF 22.00 FEET TO THE POINT OF BEGINNING. CONTAINING 264 SQUARE FEET MORE OR LESS AND SUBJECT TO ANY EASEMENTS AND/OR RIGHTS OF WAY. SURVEYOR'S NOTES: 1. THIS IS NOT A BOUNDARY SURVEY. 2. BEARINGS DEPICTED HEREON ARE PLAT BEARINGS AND ARE BASED ON THE SOUTH LINE OF LOT 1, KEY SHORE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 31. PAGE 33 OE THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA. 3. THIS DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF A TITLE SEARCH. 4. SKETCH DOES NOT WARRENT TITLE. 5. THIS SKETCH WAS PREPARED FOR THE EXCLUSIVE USE OF THE CLIENT (S) SHOWN HEREON; COPIES ARE VALID ONLY WHEN SIGNED, DATED AND EMBROSSED WITH THE SURVEYOR'S SEAL. _ MAP OF LEGAL DESCRIPTION PREPARED FOR AND CERTIFIED TO: CITY OF CAPE CANAVERAL. FLORIDA DAVID-Al. KUGEL NN., PLS7A0. 5117 NOT-VAOD UNLESS SIGNED AND SEALED KUGELMANN LAND SURVEYING, INEiS. 30 NORTH TROPICAL TRAIL, SUITE B MERRITT ISLAND. FLORIDA 32953 L.B. NO. 6575 - PHONE (321) 459--0930 DRAWN BY: DJK CHECKED BY: KKW DRAWING NO. 2020012VACATE.DGN SECTION 14 TOWNSHIP 24 SOUTH DATE: 2/08/2020 SHEET 1 OF 2 REVISIONS RANGE 37 EAST SKETCH OF DESCRIPTION SECTION 14, TOWNSHIP 24 SOUTH, RANGE 37 EAST. PARENT PARCEL ID NUMBER: 24-37-14-62-*-1 PURPOSE OF SURVEY: VACATE EASEMENT DELTA: 61°01'10" RADIUS: 67.28' ARC: 71.65' CHANDLER STREET SHEET 2 OF 2 NOT VALID WITHOUT THE LEGAL DESCRIPTION ON SHEET 1 OF 2 LOT 1, KEY SHORE SOUTH LINE OF LOT 1 DELTA: 88°52'06" RADIUS: 25.00' ARC: 38.78' N90"00'00"E 12.00' VACATED PORTION OF ESMT 264 SO FT 590'00'00"W 129.43' (BASIS OF BEARINGS) LOT 2, KEY SHORE ABBREVIATIONS: ESMT EASEMENT 50 SQUARE FT FEET GRAPHIC SCALE 40 S90'00'00"w 12.00' POINT -OF -BEGINNING S90°00'00"W 13.32' POINT -OF - COMMENCEMENT SE CORNER OF LOT 1 ROSALIND 0 20 ( IN FEET ) 1 INCH = 40 FEET SECTION 14 TOWNSHIP 24 SOUTH, RANGE 37 EAST PROJECT NO. 2020012 PREPARED BY:' DAVID J. KUGELMANN, PLS Attachment 3 Public Works Services Memo TO: Dave Dickey FROM: Jim Moore, Director of Public Works Services DATE: March 9, 2020 RE: Vacate Easement — 299 Chandler Drive Public Works Services (PWS) has no utilities located within the area requested to be vacated. Public Works has no comments and is giving its approval to vacate the utility easement located at 299 Chandler Drive. Attachment 4 JOHN A. PEKAR, P.E., LLC Civil Engineering/Consulting 102 Columbia Drive Suite 207 Cape Canaveral, FL 32920 Office Phone: 321-613-2959 Cell Phone: 321-288-1040 johnpekarpe@grnail.com a i e rry g! Roni Flowe roniflowe@gmail.com Office Manager Cell Phone: 321-403-9899 March 10, 2020 TO: David Dickey FROM: John Pekar, PE SUBJECT: 299 Chandler Street — Easement Vacation As discussed, this is an unusual piece of property and the easement is not being used. We recommend approval of vacating this easement. Sincerely, John A. Pekar, P.E. JAP:rmf City of Cape Canaveral City Council Meeting - April 21, 2020 Agenda Item Summary Item No. 3 Subject: Accept the Annual Audited Financial Statements and Independent Auditor's Report for the Fiscal Year ended September 30, 2019. Department: Financial Services Summary: At its February 18, 2020 Regular Meeting, Council was provided a Presentation by representatives from James Moore & Co. regarding their Annual Audit of the City's Financial Statements for the Fiscal Year ended September 30, 2019. In years past, Council officially voted to accept an audit after a presentation. However, aside from thanks and appreciation expressed by Council Members to James Moore & Co. and the City's Financial Services Department at the end of the Presentation, a vote to accept the Audit did not take place. In keeping with tradition and formality, Staff recommends City Council officially accept the Audit either by vote or consensus. Submitting Department Director: John DeLeo Date: 3/10/2020 Attachments: None Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 3/10/2020 Interim City Manager recommends City Council take the following action: Accept the Annual Audited Financial Statements and Independent Auditor's Report for the Fiscal Year ended September 30, 2019. Approved by Interim City Manager: Todd Morley Date: 3/9/2020 City of Cape Canaveral City Council Meeting - April 21, 2020 Agenda Item Summary Item No. 4 Subject: Approve the addition of one (1) more firefighter to each of the three first responding vehicles per shift, providing for a total addition of nine (9) members to Canaveral Fire Rescue (CFR). Department: Canaveral Fire Rescue Summary: CFR operates out of three stations. Two are located at Port Canaveral and one in the City. The Port South station is responsible for the first run coverage from Central North and the South side of the Port. All three stations respond together for any fire calls no matter the location. In 2008, the call volume was 1926 with 1327 in the City 423 in the Port 120 in Avon by the Sea (unincorporated) and 56 Mutual Aid. In 2019, the call volume was 2781 with 1839 in the City, 733 in the Port, 131 in Avon by the Sea and 78 Mutual/Auto Aid. History: • The City last funded additional members in 2008 when CFR received a Grant from FEMA to add three (3) more members (one per shift). • The Port added additional staffing in 2014 when Station 54 opened, adding three (3) more members (one per shift). The Port continues to pay for these additional three (3) members. Current Situation: • National Fire Protection Association (NFPA) 1710 5.2.3.1.1 requires engines be staffed with a minimum of four (4) on -duty members. • NFPA 1710 5.2.3.2.1 requires ladder trucks be staffed with a minimum of four (4) on -duty members. • Current staffing assigned to our engines and ladder is three (3) members. • CFR has applied for the same FEMA Grant for the last two years and has been turned down both times. • During vacation and sick time, the ladder truck Is staffed with three (3) members, but the engines reduce to two (2) members. Future: The new staffing will ensure CFR complies with current requirements and the ladder truck remains staffed with four (4) members at all times and the engines will have four (4) members, three (3) if subject to vacation and sick time. Cocoa, Rockledge, Titusville, Melbourne and Brevard County follow this staffing pattern, with some deviations. CFR will add three (3) members in April, three (3) in July and the remaining three (3) in October. The addition of these members will increase the safety of our citizens and firefighters and give us added points for our Insurance Service Office rating. A conforming Resolution Contract Addendum will be forwarded to City Council at the next meeting. Submitting Department Director: David J. Sargeant Attachment: FEMA Grant turn -down email Date: 3/9/2020 Financial Impact: The total cost to the City of Cape Canaveral (COCC) for FY 19/20 is $73,433; Total cost to COCC for FY 20/21 is $254,686 funded by the General Fund. These costs are inclusive covering all gear, pay and benefits and account for 50% of the total required for the new members, with Port Canaveral covering the other 50%; Staff time and effort to prepare this Agenda Item. City of Cape Canaveral City Council Meeting —April 21, 2020 Agenda Item No. 4 Page 2 of 2 Reviewed by Administrative/Financial Services Director: John DeLeo Date: 3/9/2020 Interim City Manager recommends City Council take the following action: Approve the addition of one (1) more firefighter to each of the three first responding vehicles per shift, providing for a total addition of nine (9) members to CCVFD, dba CFR. Approved by Interim City Manager: Todd Morley Date: 3/9/2020 From: firearants@dhs.aov To: Dave Sargeant Subject: Reference: EMW-2018-FH-00142 Date: Tuesday, October 22, 2019 9:49:47 AM David Sargeant CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT INC. 190 Jackson Ave. Cape Canaveral , Florida 32920 Reference: EMW-2018-FH-00142 Dear Staffing for Adequate Fire and Emergency Response (SAFER) Applicant: On behalf of the Federal Emergency Management Agency (FEMA) Grant Programs Directorate, I wish to thank you for applying for assistance under the Fiscal Year (FY) 2018 Staffing for Adequate Fire and Emergency Response (SAFER) Program. After thorough review and consideration, we are unable to fund your application. We regret that the news could not be more positive. As you are aware, the SAFER Program is among the Department of Homeland Security's (DHS) and FEMA's most competitive grant programs. In FY 2018, FEMA received over 900 SAFER applications, requesting more than $676 million in federal assistance. The large number of applications received, and the finite amount of available funding, resulted in many worthy appli cants not being funded and underscores the highly competitive nature of this program. Given the high number of applications received, we are unable to provide a detailed account of how each individual application was rated in the competitive process. However, we are hopeful that you will apply again for a FY 2019 SAFER award, and strongly encourage you to do so. Resources will be available online to assist applicants with the preparation of a competitive application. The resources, along with the FY 2019 SAFER Notice of Funding Opportunity, will be available in early 2020 on the AFGP grant web site www.fema.gov/firegrants. Your interest in the SAFER Grant Program reminds us that America's fire service organizations continue to have great need for support. FEMA and DHS will continue to work closely with and support the Nation's first responders and their vital work. Thank you again for your dedication and commitment. & nbsp Regards, Kerry L. Thomas Director Preparedness Grant Division City of Cape Canaveral City Council Meeting - April 21, 2020 Agenda Item Summary Item No. 5 Subject: Approve Amendment No. 1 to Purchase Order No. 18087 to Tetra Tech in the amount of $79,922 for performance of construction phase engineering services to comply with Consent Order OGC File No. 18-0916 from Florida Department of Environmental Protection and authorize Interim City Manager to execute same. Department: Capital Projects Summary: that included Reclamation (gpd). 4.0 million City. Such extended exceedances these 0916. the City WRF conducted corrective written tasks items, include in the Inc., was in April phase WRF Improvements: to implement In 2017, the City was severely impacted by Hurricane Irma as well as an unnamed over 10 inches of rain. These storms caused excessive inflow to the City's Wastewater Facility (WRF) which is permitted to process a maximum of 1.8 million gallons During/after Hurricane Irma and the unnamed storm, the WRF experienced inflow gpd, which included significant illicit discharges (i.e., contaminants) from throughout large inflows impacted the effectiveness of the wastewater treatment process period of time resulting in Florida Department of Environmental Protection (FDEP) of both total nitrogen (TN) and total phosphorous (TP) in treated effluent. permit exceedances, FDEP issued Consent Order, Office of General Counsel ("OGC") City Council adopted Resolution No. 2018-08 at its July 17, 2018 Regular Meeting, authorizing Manager to execute the Consent Order with FDEP. Process Evaluation: To comply with the Consent Order, the City's consultant (Tetra a process evaluation of the WRF and issued a Process Evaluation Report identifying measures to be undertaken. FDEP subsequently reviewed and approved the report without comment. Since it was unknown at the outset of the Consent Order activities FDEP would require and what Tetra Tech's evaluation would reveal in regards to actionable Tetra Tech's fee for completion of the process evaluation (Purchase Order No. 18087) costs for construction phase engineering services. Therefore, Tetra Tech will require amount of $79,922 to assist the City in the construction phase of the project. Carr and recently awarded the work to construct the WRF improvements; work is scheduled to 2020. A copy of Tetra Tech's scope of services and quote for performance of construction engineering services is attached. Based upon the findings of the Process Evaluation report, the City is required the following corrective actions (current status also provided): storm per day of over the for an permit Due to No. 18- Tech) as what did not funds Collier, begin Item Status Implement a more frequent influent sampling and monitoring plan. Complete Increase sampling frequency during periods of discharge to the Banana River. Complete Distribute questionnaires to commercial customers to identify potential significant industrial users. Complete Remove grit that accumulated in treatment basins to regain treatment volume. Complete — grant funded task City of Cape Canaveral City Council Meeting —April 21, 2020 Agenda Item No. 5 Page 2 of 2 The Process approximately Submitting Install various nutrient probes to identify the onset of high nutrient and discharge events. In progress in Install variable frequency drives (VFDs) and flow meter at the internal recycle pumps. In progress Replace RAS flow meter. In progress Install permanent carbon feed system. In progress Replace influent screens to reduce maintenance (to be completed by others in FY20/21 under separate contract). FY20/21 Evaluation tasks to be performed by Carr and Collier, Inc., should be completed six months. Department Director: Jeff Ratliff - Date: 3/3/2020 Attachment: Amendment No. 1 for Construction Phase Engineering Services Financial Impact: $79,922 to Tetra Tech for performance of construction phase engineering services to comply with Consent Order OGC File No. 18-0916 from Florida Department of Environmental Protection funded by the Wastewater Fund. Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 3/10/2020 Interim Amendment performance No. 18-0916 execute Approved City Manager recommends City Council take the No. 1 to Purchase Order No. 18087 to Tetra Tech of construction phase engineering services to comply from Florida Department of Environmental Protection same. following action: Approve in the amount of $79,922 for with Consent Order OGC File and authorize City Manager to Date: 3/9/2020 by Interim City Manager: Todd Morley SCOPE OF SERVICES AMENDMENT NO. 1 TO PURCHASE ORDER NO. 18087 CONSTRUCTION PHASE ENGINEERING SERVICES FOR THE WRF PROCESS IMPROVEMENTS A. PROJECT DESCRIPTION The City retained the professional services of Tetra Tech, Inc. to evaluate potential events or conditions that may have played a role and developing recommended improvements to prevent future permit exceedance violations for TN and TP. The findings were summarized and submitted to FDEP in accordance with the Consent Order. FDEP has accepted the recommendations prepared by Tetra Tech, and the City has requested professional engineering services associated with implementing the following recommendations: • Carbon (Micro C) Feed Improvements: Improvements include the construction of a pre-engineered canopy, a bulk storage tank, chemical feed pumps and skid, and all related valves, piping, and electrical modifications • Nutrient Probe Improvements: Improvements include the addition of nutrient monitoring upstream of the headworks (ammonia), in the first anoxic zone (nitrate), in the second anoxic (ammonia and nitrate), and the reaeration zone (nitrate). • RAS Flow Meter Improvements: Improvements include removing and replacing the 8-inch RAS flow meter. • IR Pump Flow Meter Improvements: Improvements include adding a new above grade 16-inch flow meter, valves, pipe and fittings on the discharge of the IR pumps, in addition to the installation of IR Pump VFDs and associated electrical and control system modifications. • Instrumentation and Control Improvements: Improvements include a new control panel, programming of new PLC control logic, network upgrades, and SCADA additions and modifications to integrate the above process improvements. As previously conveyed to the City, the above -mentioned improvements will help operators with online monitoring of recycle flow rates & nitrogen levels at various treatment steps and provide some nitrogen trimming ability in the effluent. However, if a highly concentrated slug nutrient discharge (higher than the WRF's designed treatment capacity) occurs in the collection system, it will not be fully treated by this WRF. Tetra Tech completed final design for the above recommendations. The bidding is currently underway. This scope will continue our assistance during the construction phase of the project. SCOPE OF SERVICES The following specific tasks will be performed under the Scope of Services. Certain assumptions have been made in preparing this Scope of Services. To the extent possible, these assumptions are stated herein, and are reflected in the project budget attached to this Scope of Services. In order to provide logical, orderly completion of this assignment, the project has been broken down into three (3) distinct tasks. Services to be completed in each task are further described below. January 10, 2020 TETRA TECH Task 3 — Construction Administration During the construction phase, Tetra Tech will complete the following tasks: • Prepare for and conduct preconstruction meeting with the City and Contractor, prepare meeting summary, and distribute meeting summary to all attendees. Distribute conformed documents in the preconstruction meeting. • Attend 8 monthly progress meetings. On the day of the monthly progress meetings conduct a site visit to the construction site to observe construction of the project. Construction of the project is anticipated to have a duration of 10 months from notice to proceed to final completion. • Review up to 20 requests for information (RFIs), provide interpretation of construction documents, and issue written clarifications or interpretations. • Review up to 40 shop drawings and other submittals up to two (2) times per submittal for general conformance with the Contract Documents. • Review test reports for soils, concrete and other materials. • Review applications for payment and the accompanying data and schedules, determine the amounts owed to the Contractor, and advise the City of the recommended payments. • Evaluate any claims made by the Contractor and prepare change orders as required. • Conduct substantial and final completion inspections. • Observe start-up testing of major equipment. • Provide project certification to regulatory agencies certifying that the project is complete and in general conformance with permits issued. • Prepare record drawings, incorporating changes made during construction based on record information furnished by the Contractor and provide two (2) sets of drawings, and one (1) compact disk with an electronic version of the documents to the City. Task 4 — Part -Time Resident Project Representative (RPR) Removed (City will provide inspection coverage during construction). Task 5 — 0 & M Manual Supplement Tetra Tech will prepare an operation and maintenance (O&M) manual supplement including this project improvements for the WRF Process Improvements. Three (3) copies of the manual will be submitted to the City for review and comment. Three (3) copies of the completed manual will be submitted to the City along with electronic files for all text and figures. The manual shall include the following: a. An introduction, manual user's guide and an overview of the individual unit process components. b. Specific operation instructions (start-up, routine and normal operating instructions and regulation, control, stopping, shut -down and emergency instructions), control instructions, and procedures for each process component. Key plant valves and gates will be numbered and their normal position will be identified along with various actuation scenarios that may occur during a variety of operating conditions. c. Equipment function, normal operating characteristics, limiting conditions, performance curves, engineering data, and tests. d. Equipment preventative maintenance requirements and schedules, trouble -shooting guidelines, and procedures for disassembly, repair, reassembly, alignment, and adjustment. e. Electrical and control diagrams. TETRA TECH f. Circuit directories for panelboards, wiring diagrams, electrical service, controls, and communications. g. Chemical handling, storage, and safety procedures. h. Listing of spare parts. C. COMPENSATION Tetra Tech's fee as included in Attachment A is a lump sum amount of $79,922 for completion of the Tasks 3 & 5. Task Fee Task 3 — Construction Administration $69,090 Task 4 — Part -Time RPR Services N/A Task 5 — O&M Manual Supplement $10, 832 Total Task Authorization No. 4 $79,922 D. SCHEDULE The project budget is based on the 10 months of construction phase. Tetra Tech shall not be responsible for delays that occur as a result of action or inaction by others. This scope will be amended if project construction gets delayed to continue to support the City during the construction phase. UTETRA TECH City of Cape Canaveral City Council Meeting - April 21, 2020 Agenda Item Summary Item No. 6 Subject: Award the bid for rehabilitation of the Intermediate Lift Station at the Water Reclamation Facility to EE&G Construction & Electrical, LLC in the amount of $411,585 and authorize Interim City Manager to execute Construction Agreement for same. Department: Capital Projects Summary: Staff invited qualified licensed contractors, in accordance with the City's Purchasing Policy and Florida Statutes, to submit a bid for rehabilitation of the Intermediate Lift Station at the Water Reclamation Facility (WRF). EE&G Construction & Electrical, LLC (EE&G) of Miami Lakes, Florida submitted the lowest bid ($411,585). Project Description: Following secondary treatment, partially -treated wastewater flows to the Intermediate Lift Station which consists of a small wet well with five submersible sewage pumps. The two lead pumps have variable frequency drives (VFDs) while the remaining fixed speed pumps serve as lag pumps. In the past few years there have been at least six instances of substantial spills at the WRF due to the malfunction of this lift station. The malfunctions typically occurred after a power failure since the pump control system is not able to re -start the pumps after the power has been restored or switched to the backup generator. When this lift station is operational, the operators do not have confirmation that the lift station is activated via the Supervisory Control and Data Acquisition (SCADA) system. During power outages or interruptions, this lift station is subject to deactivation, causing conveyance to stop and the lift station to fill and overflow. To correct these issues, this project includes the installation of a new diesel engine driven bypass pump, not connected to the existing control system for the existing pumps. The bypass pump would operate if the existing pumps do not start and upon reaching a high level within the wet well which will not be replaced. Completion of this project will provide critical redundancy in the wastewater treatment process and is the second of eight infrastructure improvement projects to be constructed under the City's newest SRF Loan. Firm Selection Process: Staff advertised the bid on January 30, 2020 by posting (1) a legal ad in the Florida Today newspaper, (2) a notice on the City web page and (3) bid information on Demandstar (Internet bid service). A "Bid Submittal" notation was included which stated the Contract would be awarded pursuant to the requirements of applicable State and Federal laws and regulations. A pre -bid meeting was not held for the project; potential bidders were encouraged to visit the project construction area. Four contractors submitted sealed bids for the project which were publicly opened in City Hall Conference Room A on March 4, 2020 (Attachment 1). Upon review of the submitted bids, Staff and the City's consulting engineer recommend the bid be awarded to EE&G with a bid amount of $411,585. A proposed Construction Agreement with EE&G is included as Attachment 2. Submitting Department Director: Jeff Ratliff Date: 4/14/2020 Attachments: #1 — March 4, 2020 Bid Opening Minutes #2 - Construction Agreement City of Cape Canaveral City Council Meeting — April 21, 2020 Agenda Item No. 6 Page 2 of 2 Financial Impact: $411,585 for rehabilitation of the Intermediate Lift Station at the Water Reclamation Facility to EE&G Construction & Electrical, LLC funded by the State Revolving Fund (SRF). Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 4/14/2020 Interim City Manager recommends City Council take the following action: Award the Bid for rehabilitation of the Intermediate Lift Station at the Water Reclamation Facility to EE&G Construction & Electrical, LLC in the amount of $411,585 and authorize Interim City Manager to execute Construction Agreement for same. Approved by Interim City Manager: Todd Morley Date: 4/14/2020 Attachment #1 CITY OF CAPE CANAVERAL Request for Bids INTERMEDIATE PUMP STATION IMPROVEMENTS BID #2019-04 City of Cape Canaveral City Hall Conference Room A 100 Polk Avenue Cape Canaveral, Florida 32920 MINUTES Wednesday March 4, 2020 2:05 P.M. CALL TO ORDER: Capital Projects Director Jeff Ratliff called the Meeting to order at 2:06 P.M. Others present: Antonio Lumley, Carr &Collier, Inc. Joe Fereday, U.S. Water Services Corporation John Earman, EE&G Construction & Electrical, LLC Daniel LeFever, Deputy City Clerk Mr. Ratliff proceeded to open the bids received and announced the results: BID #2019-04 - INTERMEDIATE PUMP STATION IMPROVEMENTS: Firm Location Bid Amount Carr&Collier, Inc. Leesburg, FL $430,000.00 Hinterland Group Inc. Cocoa, FL $454,500.00 U.S. Water Services Corporation New Port Richey, FL $518,318.00 EE&G Construction & Electrical, LLC Melbourne, FL $411,585.00 Mr. Ratliff asked those present if there were any questions, stated the Bids would be reviewed and adjourned the meeting at 2:08 P.M. Daniel LeFever, Deputy City Clerk Attachment #2 City of Cape Canaveral Intermediate Pump Station Improvements CONSTRUCTION AGREEMENT This Agreement made this day of , 2020 between the CITY OF CAPE CANAVERAL, a Florida municipal corporation (herein referred to as CITY) and , a State Certified General Construction Firm authorized and duly licensed to do business in the State of Florida (herein referred to as CONTRACTOR), as follows: 1. DESCRIPTION OF WORK - CONTRACTOR shall perform the work, in accordance with the Contract Documents, for Intermediate Pump Station Improvements as set forth in the Scope of Services, attached hereto as Exhibit "A", and fully incorporated by this reference ("Work"). 2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; Exhibits and Addendum to the Agreement; Engineering Plans and Drawings prepared by Infrastructure Solution Services, Inc., dated December 2019, Bid #2019-04; Documents issued by the CITY; CONTRACTOR'S Bid Submittal; General Conditions by the CITY; Supplemental Terms and Conditions by the CITY and Florida Department of Environmental Protection (FDEP); and all Change Orders approved by the CITY after execution of this Agreement. These Contract Documents are hereby incorporated into this Contract by this reference. 3. ORDER OF PRECEDENCE - In case of any inconsistency in any of the documents bearing on the Agreement between the CITY and the CONTRACTOR, the inconsistency shall be resolved by giving precedence in the following order: a. Agreement Exhibits and Addenda; CONTRACTOR'S Bid Submittal; b. Change Orders; c. Supplemental Terms and Conditions (CITY and FDEP); d. General Terms and Conditions; or e. Engineering Plans and Drawings. Any inconsistency in the work description shall be clarified by the CITY and performed by the CONTRACTOR. 4. AGREEMENT INTERPRETATION - At its discretion, during the course of the work, should any errors, ambiguities or discrepancies be found in the Agreement or specifications, the CITY at its sole discretion will interpret the intent of the Agreement and work descriptions and the CONTRACTOR hereby agrees to abide by the CITY's interpretation and agrees to carry out the work in accordance with the decision of the CITY. When the material, article or equipment is designated by a brand name and more than one brand name is listed, it will be understood that the work is based on one brand name only. The CONTRACTOR will be responsible for all coordination necessary to accommodate the material, article or equipment being provided CONSTRUCTION AGREEMENT City of Cape Canaveral Intermediate Pump Station Improvements without additional cost to the CITY. A substitute material, article or equipment is allowed if it is reasonably equivalent to the brand name specified. The CITY has full discretion to decide whether a substitute is reasonably equivalent. CONTRACTOR must notify the CITY prior to use of the substitute for a specified brand name and allow the CITY to make a determination before CONTRACTOR uses the substitute. 5. CONTRACT TIME - The CONTRACTOR shall begin work within thirty (30) days after the issuance of a written Notice to Proceed and shall complete the Work (substantial completion) within calendar days. The CONTRACTOR shall complete the Work (final completion) within calendar days from the date of the Notice to Proceed. Extensions, if any, are authorized by CITY, and may only be granted in writing. 6. LIQUIDATED DAMAGES - CITY and CONTRACTOR recognize that time is of the essence of this Agreement and that CITY will suffer financial loss if the Work is not substantially complete within the time specified in Paragraph 5 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by CITY if the Work is not substantially completed on time. Accordingly, instead of requiring any such proof, CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay CITY one hundred dollars ($100.00) per day for each day that expires after the time specified in Paragraph 5 for final completion until the work is finally complete, and that CITY has paid to CONTRACTOR the consideration of ten ($10.00) dollars as consideration for this provision. 7. CONTRACT PRICE, UNIT PRICE CONTRACT - The CITY will pay the CONTRACTOR in current funds for the performance of the work, subject to additions and deductions by Change Order, the Total Contract Price of ($ ). Payments will be made to the CONTRACTOR for actual quantities installed on the basis of the Schedule of Unit Prices included as a part of the Bid, which shall be as fully a part of the Contract as if attached or repeated herein. 8. TERMINATION: DEFAULT BY CONTRACTOR AND CITY'S REMEDIES - The CITY reserves the right to revoke and terminate this Agreement and rescind all rights and privileges associated with this Agreement, without penalty, for convenience. Further, the CITY reserves the right to revoke and terminate this Agreement in the following circumstances, each of which shall represent a default and breach of this Agreement: a. CONTRACTOR defaults in the performance of any material covenant or condition of this Agreement and does not cure such other default within seven (7) calendar days after written notice from the CITY specifying the default complained of unless, however, the nature of the default is such that it cannot, in the exercise of reasonable diligence, be remedied within seven (7) calendar days, in which case the CONTRACTOR shall have such time as is reasonably necessary to remedy the default, provided the CONTRACTOR promptly takes and diligently pursues such actions as are necessary therefore; or CONSTRUCTION AGREEMENT City of Cape Canaveral Intermediate Pump Station Improvements b. CONTRACTOR is adjudicated bankrupt or makes any assignment for the benefit of creditors or CONTRACTOR becomes insolvent, or is unable or unwilling to pay its debts; or c. CONTRACTOR has acted negligently, as defined by general and applicable law, in performing the Work hereunder; or d. CONTRACTOR has committed any act of fraud upon the CITY; or e. CONTRACTOR has made a material misrepresentation of fact to the CITY while performing its obligations under this Agreement; or f. CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon performance of this Agreement without prejudice to any other right, or remedy CITY may have under this Agreement. Notwithstanding the aforementioned, in the event of a default by CONTRACTOR, the CITY shall have the right to exercise any other remedy the CITY may have by operation of law, without limitation, and without any further demand or notice. In the event of such termination, CITY shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for Work properly performed prior to the effective date of termination. 9. FORCE MAJEURE - Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes (except involving CONTRACTOR'S labor force); extraordinary breakdown of or damage to CITY's affiliates' generating plants, their equipment or facilities; court injunction or order; federal and/or state law or regulation; order by any regulatory agency; or cause or causes beyond the reasonable control of the party affected; provided that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for sixty days, either party may terminate this Agreement. 10. SEVERABILITY - In the event any portion or part thereof of this Agreement is deemed invalid, against public policy, void or otherwise unenforceable by a court of law, the parties, at the sole discretion and option of the CITY, shall negotiate an equitable adjustment in the affected provision of this Agreement. The validity and enforceability of the remaining parts of this Agreement shall otherwise be fully enforceable 11. PROGRESS PAYMENTS - CITY shall make progress payments on account of the contract price to CONTRACTOR, on the basis of application for payments submitted to the CITY or CITY's Project Manager, by CONTRACTOR as the work progresses and in accordance with the Contract Documents. CONSTRUCTION AGREEMENT City of Cape Canaveral Intermediate Pump Station Improvements Progress payments may be withheld if: a. Work is found defective and not remedied; b. CONTRACTOR does not make prompt and proper payments to subcontractors; c. CONTRACTOR does not make prompt and proper payments for labor, materials, or equipment furnished him; d. Another Contractor is damaged by an act for which CONTRACTOR is responsible; e. Claims or liens are filed on the job; or f. In the opinion of the City of Cape Canaveral, CONTRACTOR'S work is not progressing satisfactorily. 12. FINAL PAYMENT - CITY shall withhold up to 10% of the Contract Price throughout the project in accordance with the Local Government Prompt Payment Act ("Act"). After 50% completion of the project, CITY shall reduce to 5% the amount of the retainage withheld from each subsequent progress payment made to the CONTRACTOR unless the project is subject to Federal funding, in whole or in part, and the project is subject to laws and regulations contrary to the Act. The term "50% completion of the project" shall mean the point at which the CITY has expended 50% of the total cost of the construction services purchased under this Agreement together with all costs associated with existing change orders and other additions or modifications to the construction services provided for in this Agreement. After 50% completion, the CONTRACTOR may present to the CITY a payment request for up to one-half of the retainage held by the CITY. CITY shall promptly make payment to the CONTRACTOR unless the CITY has grounds, under the Act, for withholding the payment of the retainage. The remaining retainage amount withheld shall be released with the Final Payment after the issuance of the Final Completion Certificate. CITY shall make final payment to CONTRACTOR within thirty (30) days after the work is fully and properly completed, if the contract has been fully and timely performed, but subject to the condition that final payment shall not be due until CONTRACTOR has delivered to CITY a complete release of liens arising out of the contract, or receipt of releases of lien fully covering all labor, materials and equipment for which a lien could be filed, or in the alternative a bond satisfactory to CITY indemnifying him against such claims. By making payments, CITY does not waive claims including but not limited to those relating to: a. Faulty work appearing after substantial completion has been granted; b. Work that does not comply with the Contract Documents; CONSTRUCTION AGREEMENT City of Cape Canaveral Intermediate Pump Station Improvements c. Outstanding claims of liens; or d. Failure of CONTRACTOR to comply with any special guarantees required by the Contract Documents. 13. DESIGNATION OF PROJECT MANAGER OR ARCHITECT OR LANDSCAPE ARCHITECT: DUTIES AND AUTHORITY - The duties and authority of the CITY are as follows: a. General Administration of Contract. The primary function of the CITY is to provide the general administration of the contract. In performance of these duties, Jeff Ratliff or his authorized representative is the CITY's Project Manager during the entire period of construction. The CITY may change the Project Manager during the term of this contract. b. Inspections, Opinions, and Progress Reports. The CITY shall be kept familiar with the progress and quality of the work by CONTRACTOR and may make periodic visits to the work site. The CITY will not be responsible for the means of construction, or for the sequences, methods and procedures used therein, or for the CONTRACTOR'S failure to perform the work in accordance with the Contract Documents. c. Access to Worksite for Inspections. The CITY shall be given free access to the worksite at all times during work preparation and progress. The Project Manager is not obligated to make exhaustive or continuous onsite inspections to perform his duties of checking and reporting on work progress, and any such inspections shall not waive CITY's claim regarding defective work by CONTRACTOR. d. Interpretation of Contract Documents: Decisions on Disputes. The CITY will be the initial interpreter of the contract document requirements, and make decisions on claims and disputes between CONTRACTOR and CITY. e. Rejection and Stoppage of Work. The CITY shall have authority to reject work which in its opinion does not conform to the Contract Documents, and in this connection may stop the work or a portion thereof, when necessary. f. Payment Certificates. The CITY will determine the amounts owing to CONTRACTOR as the work progresses, based on CONTRACTOR'S applications and CITY's inspections and observations, and will issue certificates for progress payments and final payments in accordance with the terms of the Contract Documents. 14. PROGRESS MEETING — CITY's Project Manager may hold periodic progress meetings on a monthly basis, or more frequently if required by the CITY, during the term of work entered into under this Agreement. CONTRACTOR's Project Manager and all other appropriate personnel shall attend such meetings as designated by the CITY's Project Manager. CONSTRUCTION AGREEMENT City of Cape Canaveral Intermediate Pump Station Improvements 15. RESPONSIBILITIES OF CONTRACTOR - CONTRACTOR's duties and rights in connection with the project herein are as follows: a. Responsibility for Supervision and Construction. CONTRACTOR shall be solely responsible for all construction under this contract, including the techniques, sequences, procedures and means, for the coordination of all work. CONTRACTOR shall supervise and direct the work, and give it all attention necessary for such proper supervision and direction. b. Discipline and Employment. CONTRACTOR shall maintain at all times strict discipline among his employees, and he agrees not to employ for work on the project any person unfit or without sufficient skill to perform the job for which he was employed. c. Furnishing of Labor, Materials, etc. CONTRACTOR shall provide and pay for all labor, materials and equipment, including tools, construction equipment and machinery, utilities, including water, transportation, and all other facilities and work necessary for the proper completion of work on the project in accordance with the Contract Documents. d. Payment of Taxes: Procurement of Licenses and Permits. CONTRACTOR shall secure all licenses and permits necessary for proper completion of the work, paying the fees thereof. CONTRACTOR warrants that it (and subcontractors or tradesmen, if authorized in the Contract Documents) hold or will secure all trade or professional licenses required by law for CONTRACTOR to undertake the contract work. e. CONTRACTOR will provide written guarantee for work and materials for one (1) calendar year after acceptance by CITY. 16. ASSIGNMENT - CONTRACTOR shall not assign or subcontract this Agreement, or any rights or any monies due or to become due hereunder without the prior, written consent of the CITY. a. If upon receiving written approval from CITY, any part of this Agreement is subcontracted by CONTRACTOR, CONTRACTOR shall be fully responsible to CITY for all acts and/or omissions performed by the subcontractor as if no subcontract had been made. b. If CITY determines that any subcontractor is not performing in accordance with this Agreement, CITY shall so notify CONTRACTOR who shall take immediate steps to remedy the situation. c. If CONTRACTOR, prior to the commencement of any Work subcontracts any part of this Agreement by the subcontractor, CONTRACTOR shall require the subcontractor to provide CITY and its affiliates with insurance coverage as set forth by the CITY. 17. THIRD PARTY RIGHTS - Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than CITY and CONTRACTOR. CONSTRUCTION AGREEMENT City of Cape Canaveral Intermediate Pump Station Improvements 18. PROHIBITION AGAINST CONTINGENT FEES - CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 19. NO JOINT VENTURE - Nothing herein shall be deemed to create ajoint 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 party. 20. INDEMNIFICATION — For other and additional good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the CONTRACTOR shall indemnify, hold harmless and defend the CITY, its officers, agents, officials, representatives, employees, and/or attorneys against any and all liability, loss, cost, damages, expenses, claim or actions, of whatever type, including but not limited to attorney's fees and suit costs, for trial and appeal, which the CITY may hereafter sustain, incur or be required to pay, arising out of, wholly or in part, or due to any act or omission of CONTRACTOR, its agent(s), vendors, contractors, subcontractor(s), representatives, servants or employees in the execution, performance or non- performance or failure to adequately perform CONTRACTOR's obligations pursuant to this Agreement. The indemnification provided above shall obligate the indemnifying party to defend at its own expense or to provide for such defense, at the sole 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 officers, agents, officials, representatives, employees, and/or attorneys which may result from the services under this Agreement whether the services be performed by the indemnifying party or anyone directly or indirectly employed or hired by them. In all events the CITY shall be permitted to choose legal counsel of its sole choice, the fees for which shall be subject to and included with this indemnification provided herein, as long as said fees are reasonable. This paragraph shall survive termination of this Agreement. 21. SAFETY - CONTRACTOR shall be solely and absolutely responsible and assume all liability for the safety and supervision of its principals, employees, contractors, and agents while performing work provided hereunder. 22. CORPORATE REPRESENTATIONS BY CONTRACTOR - CONTRACTOR hereby represents and warrants to the CITY the following: a. CONTRACTOR is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this Agreement. CONSTRUCTION AGREEMENT City of Cape Canaveral Intermediate Pump Station Improvements b. The undersigned signatory for CONTRACTOR has the power, authority, and the legal right to enter into and perform the obligations set forth in this Agreement and all applicable exhibits thereto, and the execution, delivery, and performance hereof by CONTRACTOR has been duly authorized by the board of directors and/or president of CONTRACTOR. In support of said representation, CONTRACTOR agrees to provide a copy to the CITY of a corporate certificate of good standing provided by the State of Florida prior to the execution of this Agreement. c. CONTRACTOR is duly licensed under all local, state and federal laws to provide the work stated in paragraph 1.0 herein. In support of said representation, CONTRACTOR agrees to provide a copy of all said licenses to the CITY prior to the execution of this Agreement. 23. BOND - CONTRACTOR shall supply a materials, performance and payment bond(s) in form approved by the CITY's City Attorney and in accordance with Florida law and in an amount specified in the Contract Documents. 24. INSURANCE - During the term of this Agreement, CONTRACTOR shall be responsible for providing the types of insurance and limits of liability as set forth below. a. The CONTRACTOR shall maintain comprehensive general liability insurance in the minimum amount of $2,000,000 as the combined single limit for each occurrence to protect the CONTRACTOR from claims of property damages which may arise from any Work performed under this Agreement whether such Work is performed by the CONTRACTOR or by anyone directly employed by or contracting with the CONTRACTOR. b. The CONTRACTOR shall maintain comprehensive automobile liability insurance in the minimum amount of $1,000,000 combined single limit bodily injury and minimum $1,000,000 property damage as the combined single limit for each occurrence to protect the CONTRACTOR from claims for damages for bodily injury, including wrongful death, as well as from claims from property damage, which may arise from the ownership, use, or maintenance of owned and non -owned automobiles, including rented automobiles whether such operations be by the CONTRACTOR or by anyone directly or indirectly employed by the CONTRACTOR. c. The CONTRACTOR shall maintain, during the life of this Agreement, adequate Workers' Compensation Insurance in at least such amounts as are required by law and Employer's Liability Insurance in the minimum amount of $2,000,000 for all of its employees performing Work for the CITY pursuant to this Agreement. Special Requirements. Current, valid insurance policies meeting the requirements herein identified shall be maintained during the term of this Agreement. A copy of a current Certificate of Insurance shall be provided to the CITY by CONTRACTOR upon the Effective Date of this Contract which satisfies the insurance requirements of this paragraph 24. Renewal certificates shall be sent to the CITY 30 days prior to any expiration date. There shall also be a 30-day CONSTRUCTION AGREEMENT City of Cape Canaveral Intermediate Pump Station Improvements advance written notification to the CITY in the event of cancellation or modification of any stipulated insurance coverage. The CITY shall be an additional named insured on all stipulated insurance policies as its interest may appear, from time to time, excluding workers' compensation and professional liability policies. Independent Associates and Consultants. All independent contractors or agents employed by CONTRACTOR to perform any Work hereunder shall fully comply with the insurance provisions contained in this paragraph section 24. 25. MEDIATION/VENUE - The parties agree that should any dispute arise between them regarding the terms or performance of this Agreement, both parties will participate in mediation. The parties agree to equally share the cost of the mediator. Should the parties fail to resolve their differences through mediation, then any cause of action filed hereunder shall be filed in the Circuit or County Court for Brevard County, Florida. 26. GOVERNING LAW & 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. 27. ATTORNEY'S FEES - Should either party bring an action to enforce any of the terms of this Agreement, the prevailing party shall be entitled, to the extent permitted by law, to recover from the non -prevailing party the costs and expenses of such action including, but not limited to, reasonable attorney's fees, whether at settlement, trial or on appeal. 28. NOTICES - Any notice or approval under this Contract shall be sent, postage prepaid, to the applicable party at the address shown on page 9 of this Agreement. 29. WORK IS A PRIVATE UNDERTAKING - With regard to any and all Work performed hereunder, it is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the CITY and CONTRACTOR is such that the CONTRACTOR is an independent contractor and not an agent of the CITY. The CONTRACTOR, its contractors, partners, agents, and their employees are independent contractors and not employees of the CITY. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the CITY, on one hand, and the CONTRACTOR, its contractors, partners, employees, or agents, during or after the performance of the Work under this Agreement. 30. DOCUMENTS - Public Records: Pursuant to Section 119.0701, Florida Statutes and other applicable public records laws, CONTRACTOR agrees that any records, documents, transactions, writings, papers, letters, computerized information and programs, maps, books, audio or video tapes, films, photographs, data processing software, writings or other material(s), regardless of the physical form, characteristics or means of transmission, of CONTRACTOR related, directly or indirectly, to the services provided to the CITY under this Agreement and CONSTRUCTION AGREEMENT City of Cape Canaveral Intermediate Pump Station Improvements made or received pursuant to law or ordinance or in connection with the transaction of official business by the CITY, may be deemed to be a public record, whether in the possession or control of CITY or the CONTRACTOR. Said records, documents, transactions, writings, papers, letters, computerized information and programs, maps, books, audio or video tapes, films, photographs, data processing software, writings or other material(s), regardless of the physical form, characteristics or means of transmission of CONTRACTOR are subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the CITY's designated custodian of public records. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS/CITY CLERK AT (321) 868-1220, 100 POLK AVENUE, CAPE CANAVERAL, FLORIDA 32920. CONTRACTOR is required to and agrees to comply with public records laws. CONTRACTOR shall keep and maintain all public records required by CITY to perform the services as agreed to herein. CONTRACTOR shall provide the CITY, upon request from the CITY CLERK, copies of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by law. CONTRACTOR shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term. Upon completion of the Agreement, CONTRACTOR shall transfer to CITY, at no cost, all public records in possession of the CONTRACTOR, provided the transfer is requested in writing by the City Clerk. Upon such transfer, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. However, if the City Clerk does not request that the public records be transferred, the CONTRACTOR shall continue to keep and maintain the public records upon completion of the Agreement and shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to CITY, upon request from the City Clerk, in a format that is compatible with the information technology systems of CITY. Should the CITY not possess public records relating to this Agreement which are requested to be inspected or copied by the CITY or any other person, the CITY shall immediately notify CONTRACTOR of the request and the CONTRACTOR shall then provide such records to the CITY or allow the records to be inspected or copied within a reasonable time. If the CONTRACTOR does not comply with a public records request, the CITY may enforce this Section to the extent permitted by law. CONTRACTOR acknowledges that if the CONTRACTOR does not provide the public records to the CITY within a reasonable time, the CONTRACTOR may be subject to penalties under Section 119.10, Florida Statutes. The CONTRACTOR acknowledges that if a civil action is filed against the CONTRACTOR to compel production of public records relating to this Agreement, the court may assess and award against CONTRACTOR the reasonable costs of enforcement, including reasonable attorney fees. All public records in connection with this Agreement shall, at any and all reasonable times during the normal business hours of the CONTRACTOR, be open and freely exhibited to the CONSTRUCTION AGREEMENT City of Cape Canaveral Intermediate Pump Station Improvements CITY for the purpose of examination, audit or otherwise. Failure by CONTRACTOR to grant such public access and comply with public records laws and/or requests shall be grounds for immediate unilateral cancellation of this Agreement by the CITY upon delivery of a written notice of cancellation. If the CONTRACTOR fails to comply with this Section, and the CITY must enforce this Section, or the CITY suffers a third party award of attorney's fees and/or damages for violating Chapter 119, Florida Statutes, due to CONTRACTOR's failure to comply with this Section, the CITY shall collect from CONTRACTOR prevailing party attorney's fees and costs, and any damages incurred by the CITY, for enforcing this Section against CONTRACTOR. And, if applicable, the CITY shall also be entitled to reimbursement of all attorneys' fees and damages which the CITY had to pay a third party because of the CONTRACTOR's failure to comply with this Section. The terms and conditions set forth in this Section shall survive the termination of this Agreement. 31. 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, or other limitations imposed on the CITY's potential liability under state or federal law. As such, 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). 32. HEADINGS - Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. 33. INTEGRATION; MODIFICATION - The drafting, execution, and delivery of this Agreement by the Parties has been induced by no representations, statements, warranties, or agreements other than those expressed herein. This Agreement embodies the entire understanding of the parties, and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein. Modifications of this Agreement shall only be made in writing signed by both parties. 34. WAIVER AND ELECTION OF REMEDIES - Waiver by either party of any terms or provision of this Agreement shall not be considered a waiver of that term, condition, or provision in the future. No waiver, consent, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party hereto. 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. CONSTRUCTION AGREEMENT City of Cape Canaveral Intermediate Pump Station Improvements 35. DRAFTING - CITY and CONTRACTOR each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. 36. NOTICE - Any notice, request, instruction, or other document to be given as part of this Agreement shall be in writing and shall be deemed given under the following circumstances: when delivered in person; or three (3) business days after being deposited in the United States Mail, postage prepaid, certified or registered; or the next business day after being deposited with a recognized overnight mail or courier delivery service; or when transmitted by facsimile or telecopy transmission, with receipt acknowledged upon transmission; and addressed as follows (or to such other person or at such other address, of which any party hereto shall have given written notice as provided herein): For City: For Contractor: City of Cape Canaveral Todd Morley, Interim City Manager 100 Polk Avenue Cape Canaveral, FL 32920 Phone: 321-868-1220 Phone: Fax: 321-868-1248 Fax: Either party may change the notice address by providing the other party written notice of the change. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CONSTRUCTION AGREEMENT City of Cape Canaveral Intermediate Pump Station Improvements CONTRACTOR: WITNESSES: By: Print Name: Print Name: Title: Print Name: Attest: By: Mia Goforth, City Clerk CITY: City of Cape Canaveral, Florida, a Florida municipal corporation. By: Todd Morley, Interim City Manager Date CONSTRUCTION AGREEMENT City of Cape Canaveral City Council Meeting - April 21, 2020 Agenda Item Summary Item No. 7 Subject: Award the Bid for replacement of Lift Station No. 3 to Utility Technicians, Inc. in the amount of $436,430.76 and authorize Interim City Manager to execute Construction Agreement for same. Department: Capital Projects Summary: Staff invited qualified licensed contractors, in accordance with the City's Purchasing Policy and Florida Statutes, to submit a bid for replacement of Lift Station No. 3, located along West Central Boulevard at the Central Ditch. Utility Technicians, Inc. of Umatilla, Florida submitted the lowest bid ($436,430.76). Project Description: Lift Station No. 3 is located along West Central Boulevard at the Central Ditch near the intersection with Oak Manor Drive. Sewage from the entire northeastern portion of the City flows to this lift station which has reached its useful life due to corrosion from the salt air environment and wastewater gases. The lift station has also been subject to increased maintenance and operational issues including problems with the pumps seating with the discharge piping. A recent force main improvement project (Force Main No. 3) replaced the force main downstream of the existing lift station valve vault. This project involves the complete removal and replacement of the lift station with the exception of the wet well which will (1) have all interior components replaced and (2) be spray -coated to eliminate groundwater infiltration. A new lift station at this location will have an estimated useful life of at least 25 years less potential pump and electrical equipment renewal and replacement. The improvements will reduce required maintenance and reduce the likelihood of potential failure and overflow into the Central Ditch. No substantial future changes in receiving flows are projected due to the lift station's service area currently being nearly built out. Completion of this project, along with the previous replacement of Force Main No. 3, is part of the City's Capital Improvement Plan to replace aging sanitary sewer infrastructure. Other lift stations to be replaced in the near future include Lift Station Nos. 5 and 8. The replacement of Lift Station No. 3 is the third of eight infrastructure improvement projects to be constructed under the City's latest SRF Loan. Firm Selection Process: Staff advertised the bid on January 30, 2020 by posting (1) a legal ad in the Florida Today newspaper, (2) a notice on the City web page and (3) bid information on Demandstar (Internet bid service). A "Bid Submittal" notation was included which stated the Contract would be awarded pursuant to the requirements of applicable State and Federal laws and regulations. A pre -bid meeting was not held for the project; potential bidders were encouraged to visit the project construction area. Three contractors submitted sealed bids for the Project which were publicly opened in City Hall Conference Room A on March 5, 2020 (Attachment 1). Upon review of the submitted bids, Staff and the City's consulting engineer recommend the bid be awarded to UTI with a bid amount of $436,430.76. A proposed Construction Agreement with UTI is included as Attachment 2. Submitting Department Director: Jeff Ratliff Date: 4/14/2020 City of Cape Canaveral City Council Meeting — April 21, 2020 Agenda Item No. 7 Page 2 of 2 Attachments: #1 — March 5, 2020 Bid Opening Minutes #2 - Construction Agreement Financial Impact: $436,430.76 to replace Lift Station No. 3 to Utility Technicians, Inc. funded by the State Revolving Fund (SRF). Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 4/14/2020 Interim City Manager recommends City Council take the following action: Award the Bid for replacement of Lift Station No. 3 to Utility Technicians, Inc. in the amount of $436,430.76 and authorize Interim City Manager to execute Construction Agreement for same. Approved by Interim City Manager: Todd Morley Date: 4/14/2020 Attachment #1 CITY OF CAPE CANAVERAL Request for Bids LIFT STATION #3 REHABILITATION BID #2019-05 City of Cape Canaveral City Hall Conference Room A 100 Polk Avenue Cape Canaveral, Florida 32920 MINUTES Wednesday March 5, 2020 2:05 P.M. CALL TO ORDER: Capital Projects Director Jeff Ratliff called the Meeting to order at 2:04 P.M. Others present: Andy Darling, Danus Utilities, Inc. Raul Negron, Utility Technicians, Inc. James Moore, Public Works Director Candice Blake, Financial/Resource Analyst Daniel LeFever, Deputy City Clerk Mr. Ratliff proceeded to open the bids received and announced the results: BID #2019-05 - LIFT STATION #3 REHABILITATION: - Firm Location Bid Amount Danus Utilities, Inc. New Smyrna Beach, FL $483,140.00 Utility Technicians, Inc. Umatilla, FL $436,430.76 Hinterland Group Inc. Cocoa, FL $438,500.00 Mr. Ratliff asked those present if there were any questions, stated the Bids would be reviewed, noted an email (Attached) from Hinterland Group Inc. declaring their bid null and void and adjourned the meeting at 2:06 P.M. Daniel LeFever, Deputy City Clerk From: Emily Meng To: Mia Goforth; Daniel LeFever Cc: Chase Rogers Subject: 2019-05 - Lift Station #3 Rehabilitation Date: Thursday, March 5, 2020 11:07:39 AM Importance: High Warning- This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Good Morning, The bid submitted by Hinterland Group Inc. for 2019-05 - Lift Station #3 Rehabilitation was submitted without a walk-in generator enclosure specification price. If this is a requirement for submittal prices, please take this as a notice to make our bid Null & Void. If you have any questions don't hesitate to reach out. I appreciate your attention to this time sensitive matter. Respectfully, Emily HG HINTERLAND GROUP INC. Emily Meng I Hinterland Group Inc. a: 2051 W Blue Heron Blvd I Riviera Beach, FL l 33404 m: 317-694-6410 p: 561-640-3503 Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing Attachment #2 City of Cape Canaveral Lift Station #3 Rehabilitation CONSTRUCTION AGREEMENT This Agreement made this day of , 2020 between the CITY OF CAPE CANAVERAL, a Florida municipal corporation (herein referred to as CITY) and , a State Certified General Construction Firm authorized and duly licensed to do business in the State of Florida (herein referred to as CONTRACTOR), as follows: 1. DESCRIPTION OF WORK - CONTRACTOR shall perform the work, in accordance with the Contract Documents, for Intermediate Pump Station Improvements as set forth in the Scope of Services, attached hereto as Exhibit "A", and fully incorporated by this reference ("Work"). 2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; Exhibits and Addendum to the Agreement; Engineering Plans and Drawings prepared by Mead & Hunt, Inc., dated January 2020, Bid #2019-05; Documents issued by the CITY; CONTRACTOR'S Bid Submittal; General Conditions by the CITY; Supplemental Terms and Conditions by the CITY and Florida Department of Environmental Protection (FDEP); and all Change Orders approved by the CITY after execution of this Agreement. These Contract Documents are hereby incorporated into this Contract by this reference. 3. ORDER OF PRECEDENCE - In case of any inconsistency in any of the documents bearing on the Agreement between the CITY and the CONTRACTOR, the inconsistency shall be resolved by giving precedence in the following order: a. Agreement Exhibits and Addenda; CONTRACTOR'S Bid Submittal; b. Change Orders; c. Supplemental Terms and Conditions (CITY and FDEP); d. General Terms and Conditions; or e. Engineering Plans and Drawings. Any inconsistency in the work description shall be clarified by the CITY and performed by the CONTRACTOR. 4. AGREEMENT INTERPRETATION - At its discretion, during the course of the work, should any errors, ambiguities or discrepancies be found in the Agreement or specifications, the CITY at its sole discretion will interpret the intent of the Agreement and work descriptions and the CONTRACTOR hereby agrees to abide by the CITY's interpretation and agrees to carry out the work in accordance with the decision of the CITY. When the material, article or equipment is designated by a brand name and more than one brand name is listed, it will be understood that the work is based on one brand name only. The CONTRACTOR will be responsible for all coordination necessary to accommodate the material, article or equipment being provided CONSTRUCTION AGREEMENT City of Cape Canaveral Lift Station #3 Rehabilitation without additional cost to the CITY. A substitute material, article or equipment is allowed if it is reasonably equivalent to the brand name specified. The CITY has full discretion to decide whether a substitute is reasonably equivalent. CONTRACTOR must notify the CITY prior to use of the substitute for a specified brand name and allow the CITY to make a determination before CONTRACTOR uses the substitute. 5. CONTRACT TIME - The CONTRACTOR shall begin work within thirty (30) days after the issuance of a written Notice to Proceed and shall complete the Work (substantial completion) within calendar days. The CONTRACTOR shall complete the Work (final completion) within calendar days from the date of the Notice to Proceed. Extensions, if any, are authorized by CITY, and may only be granted in writing. 6. LIQUIDATED DAMAGES - CITY and CONTRACTOR recognize that time is of the essence of this Agreement and that CITY will suffer financial loss if the Work is not substantially complete within the time specified in Paragraph 5 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by CITY if the Work is not substantially completed on time. Accordingly, instead of requiring any such proof, CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay CITY one hundred dollars ($100.00) per day for each day that expires after the time specified in Paragraph 5 for final completion until the work is finally complete, and that CITY has paid to CONTRACTOR the consideration of ten ($10.00) dollars as consideration for this provision. 7. CONTRACT PRICE, UNIT PRICE CONTRACT - The CITY will pay the CONTRACTOR in current funds for the performance of the work, subject to additions and deductions by Change Order, the Total Contract Price of ($ ). Payments will be made to the CONTRACTOR for actual quantities installed on the basis of the Schedule of Unit Prices included as a part of the Bid, which shall be as fully a part of the Contract as if attached or repeated herein. 8. TERMINATION: DEFAULT BY CONTRACTOR AND CITY'S REMEDIES - The CITY reserves the right to revoke and terminate this Agreement and rescind all rights and privileges associated with this Agreement, without penalty, for convenience. Further, the CITY reserves the right to revoke and terminate this Agreement in the following circumstances, each of which shall represent a default and breach of this Agreement: a. CONTRACTOR defaults in the performance of any material covenant or condition of this Agreement and does not cure such other default within seven (7) calendar days after written notice from the CITY specifying the default complained of unless, however, the nature of the default is such that it cannot, in the exercise of reasonable diligence, be remedied within seven (7) calendar days, in which case the CONTRACTOR shall have such time as is reasonably necessary to remedy the default, provided the CONTRACTOR promptly takes and diligently pursues such actions as are necessary therefore; or CONSTRUCTION AGREEMENT City of Cape Canaveral Lift Station #3 Rehabilitation b. CONTRACTOR is adjudicated bankrupt or makes any assignment for the benefit of creditors or CONTRACTOR becomes insolvent, or is unable or unwilling to pay its debts; or c. CONTRACTOR has acted negligently, as defined by general and applicable law, in performing the Work hereunder; or d. CONTRACTOR has committed any act of fraud upon the CITY; or e. CONTRACTOR has made a material misrepresentation of fact to the CITY while performing its obligations under this Agreement; or f. CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon performance of this Agreement without prejudice to any other right, or remedy CITY may have under this Agreement. Notwithstanding the aforementioned, in the event of a default by CONTRACTOR, the CITY shall have the right to exercise any other remedy the CITY may have by operation of law, without limitation, and without any further demand or notice. In the event of such termination, CITY shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for Work properly performed prior to the effective date of termination. 9. FORCE MAJEURE - Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes (except involving CONTRACTOR'S labor force); extraordinary breakdown of or damage to CITY's affiliates' generating plants, their equipment or facilities; court injunction or order; federal and/or state law or regulation; order by any regulatory agency; or cause or causes beyond the reasonable control of the party affected; provided that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for sixty days, either party may terminate this Agreement. 10. SEVERABILITY - In the event any portion or part thereof of this Agreement is deemed invalid, against public policy, void or otherwise unenforceable by a court of law, the parties, at the sole discretion and option of the CITY, shall negotiate an equitable adjustment in the affected provision of this Agreement. The validity and enforceability of the remaining parts of this Agreement shall otherwise be fully enforceable 11. PROGRESS PAYMENTS - CITY shall make progress payments on account of the contract price to CONTRACTOR, on the basis of application for payments submitted to the CITY or CITY's Project Manager, by CONTRACTOR as the work progresses and in accordance with the Contract Documents. CONSTRUCTION AGREEMENT City of Cape Canaveral Lift Station #3 Rehabilitation Progress payments may be withheld if: a. Work is found defective and not remedied; b. CONTRACTOR does not make prompt and proper payments to subcontractors; c. CONTRACTOR does not make prompt and proper payments for labor, materials, or equipment furnished him; d. Another Contractor is damaged by an act for which CONTRACTOR is responsible; e. Claims or liens are filed on the job; or f. In the opinion of the City of Cape Canaveral, CONTRACTOR'S work is not progressing satisfactorily. 12. FINAL PAYMENT - CITY shall withhold up to 10% of the Contract Price throughout the project in accordance with the Local Government Prompt Payment Act ("Act"). After 50% completion of the project, CITY shall reduce to 5% the amount of the retainage withheld from each subsequent progress payment made to the CONTRACTOR unless the project is subject to Federal funding, in whole or in part, and the project is subject to laws and regulations contrary to the Act. The term "50% completion of the project" shall mean the point at which the CITY has expended 50% of the total cost of the construction services purchased under this Agreement together with all costs associated with existing change orders and other additions or modifications to the construction services provided for in this Agreement. After 50% completion, the CONTRACTOR may present to the CITY a payment request for up to one-half of the retainage held by the CITY. CITY shall promptly make payment to the CONTRACTOR unless the CITY has grounds, under the Act, for withholding the payment of the retainage. The remaining retainage amount withheld shall be released with the Final Payment after the issuance of the Final Completion Certificate. CITY shall make final payment to CONTRACTOR within thirty (30) days after the work is fully and properly completed, if the contract has been fully and timely performed, but subject to the condition that final payment shall not be due until CONTRACTOR has delivered to CITY a complete release of liens arising out of the contract, or receipt of releases of lien fully covering all labor, materials and equipment for which a lien could be filed, or in the alternative a bond satisfactory to CITY indemnifying him against such claims. By making payments, CITY does not waive claims including but not limited to those relating to: a. Faulty work appearing after substantial completion has been granted; b. Work that does not comply with the Contract Documents; CONSTRUCTION AGREEMENT City of Cape Canaveral Lift Station #3 Rehabilitation c. Outstanding claims of liens; or d. Failure of CONTRACTOR to comply with any special guarantees required by the Contract Documents. 13. DESIGNATION OF PROJECT MANAGER OR ARCHITECT OR LANDSCAPE ARCHITECT: DUTIES AND AUTHORITY - The duties and authority of the CITY are as follows: a. General Administration of Contract. The primary function of the CITY is to provide the general administration of the contract. In performance of these duties, Jeff Ratliff or his authorized representative is the CITY's Project Manager during the entire period of construction. The CITY may change the Project Manager during the term of this contract. b. Inspections, Opinions, and Progress Reports. The CITY shall be kept familiar with the progress and quality of the work by CONTRACTOR and may make periodic visits to the work site. The CITY will not be responsible for the means of construction, or for the sequences, methods and procedures used therein, or for the CONTRACTOR'S failure to perform the work in accordance with the Contract Documents. c. Access to Worksite for Inspections. The CITY shall be given free access to the worksite at all times during work preparation and progress. The Project Manager is not obligated to make exhaustive or continuous onsite inspections to perform his duties of checking and reporting on work progress, and any such inspections shall not waive CITY's claim regarding defective work by CONTRACTOR. d. Interpretation of Contract Documents: Decisions on Disputes. The CITY will be the initial interpreter of the contract document requirements, and make decisions on claims and disputes between CONTRACTOR and CITY. e. Rejection and Stoppage of Work. The CITY shall have authority to reject work which in its opinion does not conform to the Contract Documents, and in this connection may stop the work or a portion thereof, when necessary. f. Payment Certificates. The CITY will determine the amounts owing to CONTRACTOR as the work progresses, based on CONTRACTOR'S applications and CITY's inspections and observations, and will issue certificates for progress payments and final payments in accordance with the terms of the Contract Documents. 14. PROGRESS MEETING — CITY's Project Manager may hold periodic progress meetings on a monthly basis, or more frequently if required by the CITY, during the term of work entered into under this Agreement. CONTRACTOR's Project Manager and all other appropriate personnel shall attend such meetings as designated by the CITY's Project Manager. CONSTRUCTION AGREEMENT City of Cape Canaveral Lift Station #3 Rehabilitation 15. RESPONSIBILITIES OF CONTRACTOR - CONTRACTOR's duties and rights in connection with the project herein are as follows: a. Responsibility for Supervision and Construction. CONTRACTOR shall be solely responsible for all construction under this contract, including the techniques, sequences, procedures and means, for the coordination of all work. CONTRACTOR shall supervise and direct the work, and give it all attention necessary for such proper supervision and direction. b. Discipline and Employment. CONTRACTOR shall maintain at all times strict discipline among his employees, and he agrees not to employ for work on the project any person unfit or without sufficient skill to perform the job for which he was employed. c. Furnishing of Labor, Materials, etc. CONTRACTOR shall provide and pay for all labor, materials and equipment, including tools, construction equipment and machinery, utilities, including water, transportation, and all other facilities and work necessary for the proper completion of work on the project in accordance with the Contract Documents. d. Payment of Taxes: Procurement of Licenses and Permits. CONTRACTOR shall secure all licenses and permits necessary for proper completion of the work, paying the fees thereof. CONTRACTOR warrants that it (and subcontractors or tradesmen, if authorized in the Contract Documents) hold or will secure all trade or professional licenses required by law for CONTRACTOR to undertake the contract work. e. CONTRACTOR will provide written guarantee for work and materials for one (1) calendar year after acceptance by CITY. 16. ASSIGNMENT - CONTRACTOR shall not assign or subcontract this Agreement, or any rights or any monies due or to become due hereunder without the prior, written consent of the CITY. a. If upon receiving written approval from CITY, any part of this Agreement is subcontracted by CONTRACTOR, CONTRACTOR shall be fully responsible to CITY for all acts and/or omissions performed by the subcontractor as if no subcontract had been made. b. If CITY determines that any subcontractor is not performing in accordance with this Agreement, CITY shall so notify CONTRACTOR who shall take immediate steps to remedy the situation. c. If CONTRACTOR, prior to the commencement of any Work subcontracts any part of this Agreement by the subcontractor, CONTRACTOR shall require the subcontractor to provide CITY and its affiliates with insurance coverage as set forth by the CITY. 17. THIRD PARTY RIGHTS - Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than CITY and CONTRACTOR. CONSTRUCTION AGREEMENT City of Cape Canaveral Lift Station #3 Rehabilitation 18. PROHIBITION AGAINST CONTINGENT FEES - CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 19. NO JOINT VENTURE - Nothing herein shall be deemed to create ajoint 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 party. 20. INDEMNIFICATION — For other and additional good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the CONTRACTOR shall indemnify, hold harmless and defend the CITY, its officers, agents, officials, representatives, employees, and/or attorneys against any and all liability, loss, cost, damages, expenses, claim or actions, of whatever type, including but not limited to attorney's fees and suit costs, for trial and appeal, which the CITY may hereafter sustain, incur or be required to pay, arising out of, wholly or in part, or due to any act or omission of CONTRACTOR, its agent(s), vendors, contractors, subcontractor(s), representatives, servants or employees in the execution, performance or non- performance or failure to adequately perform CONTRACTOR's obligations pursuant to this Agreement. The indemnification provided above shall obligate the indemnifying party to defend at its own expense or to provide for such defense, at the sole 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 officers, agents, officials, representatives, employees, and/or attorneys which may result from the services under this Agreement whether the services be performed by the indemnifying party or anyone directly or indirectly employed or hired by them. In all events the CITY shall be permitted to choose legal counsel of its sole choice, the fees for which shall be subject to and included with this indemnification provided herein, as long as said fees are reasonable. This paragraph shall survive termination of this Agreement. 21. SAFETY - CONTRACTOR shall be solely and absolutely responsible and assume all liability for the safety and supervision of its principals, employees, contractors, and agents while performing work provided hereunder. 22. CORPORATE REPRESENTATIONS BY CONTRACTOR - CONTRACTOR hereby represents and warrants to the CITY the following: a. CONTRACTOR is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this Agreement. CONSTRUCTION AGREEMENT City of Cape Canaveral Lift Station #3 Rehabilitation b. The undersigned signatory for CONTRACTOR has the power, authority, and the legal right to enter into and perform the obligations set forth in this Agreement and all applicable exhibits thereto, and the execution, delivery, and performance hereof by CONTRACTOR has been duly authorized by the board of directors and/or president of CONTRACTOR. In support of said representation, CONTRACTOR agrees to provide a copy to the CITY of a corporate certificate of good standing provided by the State of Florida prior to the execution of this Agreement. c. CONTRACTOR is duly licensed under all local, state and federal laws to provide the work stated in paragraph 1.0 herein. In support of said representation, CONTRACTOR agrees to provide a copy of all said licenses to the CITY prior to the execution of this Agreement. 23. BOND - CONTRACTOR shall supply a materials, performance and payment bond(s) in form approved by the CITY's City Attorney and in accordance with Florida law and in an amount specified in the Contract Documents. 24. INSURANCE - During the term of this Agreement, CONTRACTOR shall be responsible for providing the types of insurance and limits of liability as set forth below. a. The CONTRACTOR shall maintain comprehensive general liability insurance in the minimum amount of $2,000,000 as the combined single limit for each occurrence to protect the CONTRACTOR from claims of property damages which may arise from any Work performed under this Agreement whether such Work is performed by the CONTRACTOR or by anyone directly employed by or contracting with the CONTRACTOR. b. The CONTRACTOR shall maintain comprehensive automobile liability insurance in the minimum amount of $1,000,000 combined single limit bodily injury and minimum $1,000,000 property damage as the combined single limit for each occurrence to protect the CONTRACTOR from claims for damages for bodily injury, including wrongful death, as well as from claims from property damage, which may arise from the ownership, use, or maintenance of owned and non -owned automobiles, including rented automobiles whether such operations be by the CONTRACTOR or by anyone directly or indirectly employed by the CONTRACTOR. c. The CONTRACTOR shall maintain, during the life of this Agreement, adequate Workers' Compensation Insurance in at least such amounts as are required by law and Employer's Liability Insurance in the minimum amount of $2,000,000 for all of its employees performing Work for the CITY pursuant to this Agreement. Special Requirements. Current, valid insurance policies meeting the requirements herein identified shall be maintained during the term of this Agreement. A copy of a current Certificate of Insurance shall be provided to the CITY by CONTRACTOR upon the Effective Date of this Contract which satisfies the insurance requirements of this paragraph 24. Renewal certificates shall be sent to the CITY 30 days prior to any expiration date. There shall also be a 30-day CONSTRUCTION AGREEMENT City of Cape Canaveral Lift Station #3 Rehabilitation advance written notification to the CITY in the event of cancellation or modification of any stipulated insurance coverage. The CITY shall be an additional named insured on all stipulated insurance policies as its interest may appear, from time to time, excluding workers' compensation and professional liability policies. Independent Associates and Consultants. All independent contractors or agents employed by CONTRACTOR to perform any Work hereunder shall fully comply with the insurance provisions contained in this paragraph section 24. 25. MEDIATION/VENUE - The parties agree that should any dispute arise between them regarding the terms or performance of this Agreement, both parties will participate in mediation. The parties agree to equally share the cost of the mediator. Should the parties fail to resolve their differences through mediation, then any cause of action filed hereunder shall be filed in the Circuit or County Court for Brevard County, Florida. 26. GOVERNING LAW & 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. 27. ATTORNEY'S FEES - Should either party bring an action to enforce any of the terms of this Agreement, the prevailing party shall be entitled, to the extent permitted by law, to recover from the non -prevailing party the costs and expenses of such action including, but not limited to, reasonable attorney's fees, whether at settlement, trial or on appeal. 28. NOTICES - Any notice or approval under this Contract shall be sent, postage prepaid, to the applicable party at the address shown on page 9 of this Agreement. 29. WORK IS A PRIVATE UNDERTAKING - With regard to any and all Work performed hereunder, it is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the CITY and CONTRACTOR is such that the CONTRACTOR is an independent contractor and not an agent of the CITY. The CONTRACTOR, its contractors, partners, agents, and their employees are independent contractors and not employees of the CITY. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the CITY, on one hand, and the CONTRACTOR, its contractors, partners, employees, or agents, during or after the performance of the Work under this Agreement. 30. DOCUMENTS - Public Records: Pursuant to Section 119.0701, Florida Statutes and other applicable public records laws, CONTRACTOR agrees that any records, documents, transactions, writings, papers, letters, computerized information and programs, maps, books, audio or video tapes, films, photographs, data processing software, writings or other material(s), regardless of the physical form, characteristics or means of transmission, of CONTRACTOR related, directly or indirectly, to the services provided to the CITY under this Agreement and CONSTRUCTION AGREEMENT City of Cape Canaveral Lift Station #3 Rehabilitation made or received pursuant to law or ordinance or in connection with the transaction of official business by the CITY, may be deemed to be a public record, whether in the possession or control of CITY or the CONTRACTOR. Said records, documents, transactions, writings, papers, letters, computerized information and programs, maps, books, audio or video tapes, films, photographs, data processing software, writings or other material(s), regardless of the physical form, characteristics or means of transmission of CONTRACTOR are subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the CITY's designated custodian of public records. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS/CITY CLERK AT (321) 868-1220, 100 POLK AVENUE, CAPE CANAVERAL, FLORIDA 32920. CONTRACTOR is required to and agrees to comply with public records laws. CONTRACTOR shall keep and maintain all public records required by CITY to perform the services as agreed to herein. CONTRACTOR shall provide the CITY, upon request from the CITY CLERK, copies of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by law. CONTRACTOR shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term. Upon completion of the Agreement, CONTRACTOR shall transfer to CITY, at no cost, all public records in possession of the CONTRACTOR, provided the transfer is requested in writing by the City Clerk. Upon such transfer, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. However, if the City Clerk does not request that the public records be transferred, the CONTRACTOR shall continue to keep and maintain the public records upon completion of the Agreement and shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to CITY, upon request from the City Clerk, in a format that is compatible with the information technology systems of CITY. Should the CITY not possess public records relating to this Agreement which are requested to be inspected or copied by the CITY or any other person, the CITY shall immediately notify CONTRACTOR of the request and the CONTRACTOR shall then provide such records to the CITY or allow the records to be inspected or copied within a reasonable time. If the CONTRACTOR does not comply with a public records request, the CITY may enforce this Section to the extent permitted by law. CONTRACTOR acknowledges that if the CONTRACTOR does not provide the public records to the CITY within a reasonable time, the CONTRACTOR may be subject to penalties under Section 119.10, Florida Statutes. The CONTRACTOR acknowledges that if a civil action is filed against the CONTRACTOR to compel production of public records relating to this Agreement, the court may assess and award against CONTRACTOR the reasonable costs of enforcement, including reasonable attorney fees. All public records in connection with this Agreement shall, at any and all reasonable times during the normal business hours of the CONTRACTOR, be open and freely exhibited to the CONSTRUCTION AGREEMENT City of Cape Canaveral Lift Station #3 Rehabilitation CITY for the purpose of examination, audit or otherwise. Failure by CONTRACTOR to grant such public access and comply with public records laws and/or requests shall be grounds for immediate unilateral cancellation of this Agreement by the CITY upon delivery of a written notice of cancellation. If the CONTRACTOR fails to comply with this Section, and the CITY must enforce this Section, or the CITY suffers a third party award of attorney's fees and/or damages for violating Chapter 119, Florida Statutes, due to CONTRACTOR's failure to comply with this Section, the CITY shall collect from CONTRACTOR prevailing party attorney's fees and costs, and any damages incurred by the CITY, for enforcing this Section against CONTRACTOR. And, if applicable, the CITY shall also be entitled to reimbursement of all attorneys' fees and damages which the CITY had to pay a third party because of the CONTRACTOR's failure to comply with this Section. The terms and conditions set forth in this Section shall survive the termination of this Agreement. 31. 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, or other limitations imposed on the CITY's potential liability under state or federal law. As such, 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). 32. HEADINGS - Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. 33. INTEGRATION; MODIFICATION - The drafting, execution, and delivery of this Agreement by the Parties has been induced by no representations, statements, warranties, or agreements other than those expressed herein. This Agreement embodies the entire understanding of the parties, and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein. Modifications of this Agreement shall only be made in writing signed by both parties. 34. WAIVER AND ELECTION OF REMEDIES - Waiver by either party of any terms or provision of this Agreement shall not be considered a waiver of that term, condition, or provision in the future. No waiver, consent, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party hereto. 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. CONSTRUCTION AGREEMENT City of Cape Canaveral Lift Station #3 Rehabilitation 35. DRAFTING - CITY and CONTRACTOR each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. 36. NOTICE - Any notice, request, instruction, or other document to be given as part of this Agreement shall be in writing and shall be deemed given under the following circumstances: when delivered in person; or three (3) business days after being deposited in the United States Mail, postage prepaid, certified or registered; or the next business day after being deposited with a recognized overnight mail or courier delivery service; or when transmitted by facsimile or telecopy transmission, with receipt acknowledged upon transmission; and addressed as follows (or to such other person or at such other address, of which any party hereto shall have given written notice as provided herein): For City: For Contractor: City of Cape Canaveral Todd Morley, Interim City Manager 100 Polk Avenue Cape Canaveral, FL 32920 Phone: 321-868-1220 Phone: Fax: 321-868-1248 Fax: Either party may change the notice address by providing the other party written notice of the change. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CONSTRUCTION AGREEMENT City of Cape Canaveral Lift Station #3 Rehabilitation CONTRACTOR: WITNESSES: By: Print Name: Print Name: Title: Print Name: Attest: By: Mia Goforth, City Clerk CITY: City of Cape Canaveral, Florida, a Florida municipal corporation. By: Todd Morley, Interim City Manager Date CONSTRUCTION AGREEMENT City of Cape Canaveral City Council Meeting - April 21, 2020 Agenda Item Summary Item No. 8 Subject: Approve request for a 90-day extension to the Holiday Inn Club Vacations Cape Canaveral Beach Resort (formerly known as Cape Caribe) Binding Developer's Agreement between the City and Holiday Inn Club Vacations Incorporated. Department: Community Development Summary: With an effective date of April 22, 2010, the City entered into a Binding Developer's Agreement (BDA) with the current owner's predecessor, Cape Caribe, Inc., for the development of a hotel/resort condominium project located at 1000 Shorewood Drive. The BDA was amended on January 18, 2012 and again on January 21, 2014 to reflect changes to the project's configuration and timelines. The project includes 8 buildings containing 600 hotel and resort condominium units. As outlined in Section 10 of the BDA as amended, the development of the five (5) unconstructed remaining buildings is to be completed over five (5) phases, with a deadline for submittal of a building permit application for each unconstructed building as indicated below: • 1st Building - April 22, 2015 (completed) • 2nd Building - April 22, 2020 • 3rd Building - April 22, 2025 • 4th Building - April 22, 2030 • 5th Building - April 22, 2035 The Parties are currently negotiating a third modification to the BDA to present to the City Council for consideration which potentially may change the site plan for the western most vacant portion of the Property and the phased development schedule under Section 10.0 of the BDA for the unconstructed Remaining Buildings. However, due to the COVID-19 Emergency, the third modification has been delayed and cannot be completed prior to the April 22, 2020 deadline. In order to provide additional time to complete the third modification to the BDA, the City Attorney has drafted an agreement that provides an extension of 90-days, ending July 22, 2020, unless otherwise agreed in writing. The proposed extension is for the sole purpose of extending the development schedule time period to file building permits to construct the second of the unconstructed remaining buildings. All other deadlines contained in the BDA remain unchanged. Submitting Department Director: David Dickey Date: 4/14/2020 Attachment: Agreement Financial Impact: Staff time and effort to prepare Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 4/14/2020 Interim City Manager recommends City Council take the following action: Approve a 90-day extension to the Holiday Inn Club Vacations Cape Canaveral Beach Resort Binding Developer's Agreement ending July 22, 2020. Approved by Interim City Manager: Todd Morley Date: 4/14/2020 THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Anthony A. Garganese. City Attorney of Cape Canaveral Garganese, Weiss, D'Agresta & Salzman, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, FL 32802 (407) 425-9566 HOLIDAY INN CLUB VACATIONS CAPE CANAVERAL BEACH RESORT (Formerly known as CAPE CARIBE) TIME EXTENSION TO BINDING DEVELOPER'S AGREEMENT THIS TIME PERIOD EXTENSION TO BINDING DEVELOPER'S AGREEMENT ("Time Extension Agreement") is made on this day of , 2020 by and between the CITY OF CAPE CANAVERAL, a Florida Municipal Corporation ("City") and HOLIDAY INN CLUB VACATIONS INCORPORATED, a Delaware corporation, as successor in interest to OLCC FLORIDA, LLC., "Owner") whose principal address is 9271 S. John Young Parkway, Orlando, Florida 32819. WITNESSETH: WHEREAS, this Time Period Extension Agreement is for the sole purpose of extending the development schedule time period to file building permits to construct the second of the unconstructed Remaining Buildings under the developer's agreement entered into by the Parties pursuant to the Florida Municipal Home Rule Powers Act, codified in Chapter 166, Florida Statutes; and WHEREAS, Owner is the successor in fee simple title to Cape Caribe, Inc. and is the current fee simple owner of record of certain real property and holds easements over certain real property located within the City of Cape Canaveral and more particularly described herein ("Property"); and WHEREAS, Owner's predecessor in fee simple title and the City previously entered into that certain Binding Developer's Agreement recorded on and with an Effective Date of April 22, 2010 in the Public Records of Brevard County, Florida at Official Records Book 6152, Page 2042, as amended by that certain Modification to Binding Developer's Agreement recorded on January 18, 2012 in Official Records Book 6521, Page 1746 of the Public Records of Brevard County, Florida and that certain Second Modification to Binding Developer's Agreement on January 21, 2014 in Official Records Book 7054, Page 2186 of the Public Records of Brevard County, Florida (collectively referred to as "BDA"); and WHEREAS, Section 10.1.2 of the BDA requires Owner to submit the building permit application to construct the second building of the unconstructed Remaining Buildings no later than April 22, 2020; and WHEREAS, the Parties however are currently negotiating a third modification to the BDA to present to the City Council for consideration which potentially may change the site plan for the western most vacant portion of the Property and the phased development schedule under Section 10.0 of the BDA for the unconstructed Remaining Buildings; and WHEREAS, due to the COVID-19 Emergency, the completion of the third modification to the BDA has been delayed and could not be completed prior to the April 22, 2020 deadline, and the Parties therefore desire additional time to complete the draft third modification to the BDA as set forth herein prior to Owner being required to submit building permits for the second building of the unconstructed Remaining Buildings; and NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. 2.0 Authority. This Agreement is entered into pursuant to the City's home rule powers granted by the Florida Constitution and the Florida Municipal Home Rule Powers Act. 3.0 Extension of Time under Section 10.1.2. The Parties agree that the building permit application to construct the second building of the unconstructed Remaining Buildings shall be submitted to the City no later than July 22, 2020 unless otherwise agreed in writing by the Parties. 4.0 No Recordation. This Time Extension Agreement shall not be recorded in the public records of Brevard County, Florida. 5.0 Miscellaneous. All terms and conditions of the BDA and other development approvals by the City for the project, which are not expressly and specifically modified by this Time Extension Agreement, shall continue to remain in full force and effect. For purposes of future contract interpretation, the parties agree that the BDA, as amended by this Time Extension Agreement shall collectively be referred to as the "BDA" or "Agreement." Time Extension Agreement City of Cape Canaveral / Holiday Inn Club Vacations Page 2 of 4 IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the dates indicated below. ATTEST: By: Mia Goforth, CMC, City Clerk CITY: City of Cape Canaveral, a Florida municipal corporation By: Bob Hoog, Mayor Date: APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Cape Canaveral, Florida only Date: By: Anthony A. Garganese City Attorney, for the City of Cape Canaveral, FI. Time Extension Agreement City of Cape Canaveral / Holiday Inn Club Vacations Page 3 of 4 HOLIDAY INN CLUB VACATIONS INCORPORATED, By: Print Name: Title: Managing Member Date: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of ( ) physical presence or (_) online notarization this day of , 2020 by as Managing Member of Holiday Inn Club Vacations Incorporated, as successor in interest to OLCC Florida , LLC, a Delaware corporation on behalf of said company. He is personally known to me or produced as identification. (NOTARY SEAL) Notary Public Signature Print Name Notary Public, State of Commission No.: My Commission Expires: Time Extension Agreement City of Cape Canaveral / Holiday Inn Club Vacations Page 4 of 4 City of Cape Canaveral City Council Meeting - April 21, 2020 Agenda Item Summary Item No. 9 Subject: Ordinance No. 02-2020; amending Chapter 26 — Elections, of the Code of Ordinances; changing the qualifying period for candidates for the offices of Mayor and City Council to be consistent with the requirements of the Brevard County Supervisor of Elections; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, second reading. Department: City Clerk's Office Summary: The Brevard County Supervisor of Elections, on behalf of the City of Cape Canaveral and all other cities/towns in Brevard County, conducts municipal elections. On July 15, 2019, Brevard County Supervisor of Elections (BCSOE) Lori Scott requested all cities/towns adjust their qualifying dates for the period to end 78 days prior to the date of an election, allowing time for ballot processing. Due to the timing, the City had to operate under an extremely tight timeframe to accommodate this request. The City Council convened a Regular Meeting on August 6, 2019 and approved Ordinance No. 14-2019, an Emergency Ordinance, to adjust the Qualifying Period for the 2019 City Election, per BCSOE's request. The incorporated recitals of the Emergency Ordinance also stated an intent to amend the qualifying period permanently prior to May 17, 2020. Emergency ordinances do not require a second reading and, for that reason, can only authorize a temporary action. A standard, two -reading ordinance is required to amend City Code permanently. Ordinance No. 02-2020 (Attached) amends City Code to adjust the Qualifying Period for 2020 and beyond. If adopted, the Qualifying Period for the 2020 City Election will run from Monday, August 3, 2020 at 12:00 noon to Friday, August 14, 2020 at 12:00 noon. This will allow ample time to provide candidate information to BCSOE by their requested deadline. The new Qualifying Period, established in the proposed Ordinance, spans ten business days, rather than the current eleven business days. This adjustment keeps the official qualifying entirely within the month of August, streamlining the process with consistent financial reporting for all candidates and will also be more efficient, by beginning the Qualifying Period at the beginning (Monday) of one week, and ending it at the end (Friday) of the following week. This adjustment does not preclude a potential candidate's desire to campaign before officially qualifying to run. All City residents who are registered voters may announce intentions to run for office at any time prior to an official Qualifying Period, as long as the Statement of Campaign Treasurer and Designation of Campaign Depository (Form DS-DE 9) and Statement of Candidate (Form DS-DE 84) are filed with the City Clerk, the Qualifying Officer. Form DS-DE 9 must be filed prior to opening a campaign account. The Notice of Hearing was placed for advertisement in Florida Today on March 5, 2020 and the Ordinance is presented for second reading and final adoption. For more information regarding City elections, please contact the City Clerk's Office. Submitting Department Director: Mia Goforth Date: 3/9/2020 City of Cape Canaveral City Council Meeting —April 21, 2020 Agenda Item No. 9 Page 2 of 2 Attachment: Ordinance No. 02-2020 Financial Impact: Cost of codification; Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 3/9/2020 Interim City Manager recommends City Council take the following action: Adopt Ordinance No. 02-2020 on second reading. Approved by Interim City Manager: Todd Morley Date: 3/9/2020 ORDINANCE NO. 02-2020 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY FLORIDA; AMENDING CHAPTER 26 — ELECTIONS, OF THE CODE OF ORDINANCES; CHANGING THE QUALIFYING PERIOD FOR CANDIDATES FOR THE OFFICES OF MAYOR AND CITY COUNCIL TO BE CONSISTENT WITH THE REQUIREMENTS OF THE BREVARD COUNTY SUPERVISOR OF ELECTIONS; 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, pursuant to Section 26-3 of the City Code, the City's current qualifying period for candidates running for the office of Mayor and City Council shall be at any time after 12:00 noon of the 88th day prior to the general election and no later than 12:00 noon of the 74th day prior to the date of the general election ("Existing Qualifying Period"); and WHEREAS, the current termination date of the existing Qualifying Period does not comply with a directive given by the Brevard County Supervisor of Elections to complete and provide all ballot referendum language and a list of qualified Council candidates no later than the 78th day prior to the City election; and WHEREAS, at its August 6, 2019 Regular Meeting, the City Council adopted Ordinance No. 14-2019, an Emergency Ordinance, reducing the 2019 City election's Qualifying Period by four (4) days to comply with the Brevard County Supervisor of Elections directive; and WHEREAS, Ordinance No. 14-2019 also stated an intent to permanently amend the qualifying period prior to May 17, 2020; and WHEREAS, the City Council hereby declares that it supports the Voting Rights Act of 1965, and the provisions of Section 4(e), and therefore, for purposes of complying with a directive given by the Brevard County Supervisor of Elections, the City Council desires to modify the qualifying period for the City's municipal election by adjusting the qualifying period so the City Clerk may provide all ballot referendum language and a list of Council candidates to the Brevard County Supervisor of Elections no later than the 78th day prior to a City election; 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. City of Cape Canaveral Ordinance No. 02-2020 Page 1 of 3 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. Code Amendment. Section 26-3 of the Code of Ordinance, City of Cape Canaveral, Brevard County Florida, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions): Sec. 26-3. - Qualifying period —Generally. The qualifying period for CEandidates for the offices of the mayor and city council shall qualify and pay the applicable qualifying fee and assessment during regular business hours of the City be at any time after 12:00 noon of the 92nd 88th day prior to the general municipal election and no later than 12:00 noon of the 81st 74th day prior to the date of the general municipal election. However, in the event that the first or last filing day falls on a Saturday, Sunday or legal holiday, then, as may be applicable, the subject first filing date shall be rescheduled to the next regular business day and the last filing date shall be rescheduled to the last preceding regular business day. Section 3. 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 4. 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 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. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 21st day of April, 2020. City of Cape Canaveral Ordinance No. 02-2020 Page 2 of 3 ATTEST: Mia Goforth, CMC City Clerk Approved as to legal form and sufficiency for the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney First Reading: February 18, 2020 Advertisement: March 5, 2020 Second Reading: April 21, 2020 Bob Hoog, Mayor Mike Brown For Against Robert Hoog Mickie Kellum Wes Morrison Angela Raymond City of Cape Canaveral Ordinance No. 02-2020 Page 3 of 3 City of Cape Canaveral City Council Meeting - April 21, 2020 Agenda Item Summary Item No. 10 Subject: Discuss the City Manager position, as per Council consensus on February 18, 2020, and take any relevant action as advised by the City Attorney. Department: Legislative Summary: The following timeline details recent history related to this item: • Regular City Council Meeting of September 17, 2019 — (Attachment 1): o The City Council appointed City Clerk Mia Goforth as Interim City Manager for a term of one month which would be revisited at the October Regular City Council Meeting. o Additionally, Council reached a consensus for Department Directors to meet and formalize a recommendation to Council for an internal candidate among themselves to be appointed Interim City Manager and/or permanent City Manager. • Staff Meeting of September 30, 2019 — (Attachment 2): o Department Directors and Interim City Manager Goforth, by unanimous and anonymous vote, recommended Economic Development Director Todd Morley for the Interim/permanent City Manager position. • Regular City Council Meeting of October 15, 2019 — (Attachment 3): o City Council discussed the status of the Interim City Manager position and Staff recommendation. o City Council voted unanimously to appoint Economic Development Director Morley as Interim City Manager for a period of six months unless otherwise determined by Council. • Regular City Council Meeting of November 19, 2019 — (Attachment 4): o Council Member Raymond submitted an agenda Item to discuss the hiring of a City Manager process. Discussion ensued, however Council took no action. o Council Member Morrison submitted an agenda item to discuss requiring a unanimous vote for any action regarding amending, terminating or renewing a contract or employment agreement with the City Manager when noticing was not consistent with Sec. 2-60 of the City Ordinances. Discussion ensued, however Council took no action. • Regular City Council Meeting of February 18, 2020: o Council Member Kellum requested City Council discuss hiring Interim City Manager Morley permanently. City Attorney Garganese advised Council that, should the discussion go in the direction of hiring Mr. Morley as City Manager, a contract would need to be drafted and presented at a subsequent City Council Meeting. Discussion included Mr. Morley's abilities and accomplishments, public awareness and his resume. Council consensus was reached to schedule a Discussion Item to appear on the Regular City Council Meeting Agenda for March 17, 2020 (see the Draft Regular City Council Meeting Minutes of February 18, 2020 contained within this Agenda Packet as Item No. 1 on the Consent Agenda and Reports.) Interim City Manager Morley's resume is provided as part of this Agenda Item (Attachment 5). City of Cape Canaveral City Council Meeting —April 21, 2020 Agenda Item No.10 Page 2 of 2 It is now incumbent upon City Council to discuss the City Manager position, as per Council consensus of February 18, 2020, and take any relevant action as advised by the City Attorney. Submitting Department Director: Mia Goforth Date: 3/10/2020 Attachments: 1. Minutes: September 17, 2019 City Council Regular Meeting excerpt — Page 5. 2. Minutes: September 30, 2019 City Department Directors Meeting. 3. Minutes: October 15, 2019 City Council Regular Meeting excerpt — Pages 2-3. 4. Minutes: November 19, 2019 City Council Regular Meeting excerpt — Pages 5-6. 5. Resume: Todd Morley Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 3/10/2020 Attachment 1 City of Cape Canaveral, Florida City Council Regular Meeting September 17, 2019 Page 5 of 5 There being no comment, the Public Hearing was closed. The motion carried 4-1, with Council Member Morrison voting against. 10. Ordinance No. 17-2019; amending the Supplementary Zoning District regulations regarding Oak Lane; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, first reading: (Was tabled earlier in the meeting.) Mayor Hoog stated it was time to appoint a City Manager. Discussion ensued and included confidence in the Staff to manage the City until a City Manager is selected, waiting until next month to make a selection and a question as to whether the person selected as City Manager tonight would be eligible to be appointed City Manager later. City Attorney Garganese advised the position of Interim City Manager be filled, is necessary due to the fact the City of Cape Canaveral is a Council -Manager form of government per the City Charter, the position requires certain authority to make administrative and executive decisions and it would not disqualify the person appointed tonight from being chosen as the City Manager. Discussion continued and included the qualified and professional nature of the City Directors and recommendations in favor of City Clerk Goforth and Economic Development Director Morley. Council reached consensus for Staff to discuss, decide and make a recommendation to City Council for the City Manager position within the next thirty days. A motion was made by Council Member Morrison, seconded by Mayor Hoog, to nominate Mia Goforth as Interim City Manager. Ms. Goforth expressed appreciation in being nominated and agreed to accept the offer for one month. The motion carried 5-0. ADJOURNMENT: There being no further business, the Meeting adjourned at 8:04 PM. Bob Hoog, Mayor Mia Goforth, CMC,- Ciiy`Clerk SEAL of Cape Canaveral, Florida Attachment 2 CAPE CANAVERAL Department Directors Meeting Monday, September 30, 2019 City Hall Conference Room B — Room 221 100 Polk Avenue, Cape Canaveral, Florida 32920 MINUTES Interim City Manager Mia Goforth opened the Meeting at 10:32 AM. City Staff Present: Administrative/Financial Services Director John DeLeo Community Development Director David Dickey Interim City Manager Mia Goforth Interim City Clerk Daniel LeFever Economic Development Director Todd Morley Capital Projects Director Jeff Ratliff Human Resources/Risk Management Director Jane Ross Community Services Director Joshua Surprenant Leisure Services Director Gustavo Vergara 1. Discussion and Staff Department Directors Recommendation Regarding Internal City Manager Candidacy: Discussion ensued regarding the purpose of the Meeting, direction and consensus from Council at the September 17, 2019 Council Meeting for City Staff to meet and formalize a recommendation for an Interim City Manager and/or permanent City Manager, Council having the discretion to select a permanent City Manager internally or externally, externally requiring a search either conducted by the Human Resources department or via a contracted firm and Interim City Manager Goforth's suggestion for her role going forward to include possibly serving a dual role as City Clerk and Assistant City Manager in the future. An anonymous vote was conducted to formalize a recommendation to Council for the Interim/permanent City Manager position. All present voted unanimously, 9-0, for Economic Development Director Morley to be the recommended Staff member. A consensus was reached for Council Members to meet and/or speak with Directors, one-on-one, regarding direction on this item for inclusion in the next City Council Meeting. There being no further discussion on this item, the Meeting concluded at 10:55 AM. Daniel LeFever, Interim City Clerk Attachment 3 City of Cape Canaveral, Florida City Council Regular Meeting October 15, 2019 Page 2 of 6 Andrew Dodge, 395 Harbor Drive, voiced opposition to the size and cost of the Multi -Generational Facility. Mayor Hoog recommended Mr. Dodge speak with Economic Development Director Morley regarding his concerns. Mark James, 135 Oak Lane, requested to speak regarding Item Nos. 10 and 11. City Attorney Garganese advised Mr. James speak on the Items during Public Participation in case Council does not remove the Items from the table. Mr. James submitted two aerial photos of Oak Lane, discussed a letter from Bernard Lennon submitted at the previous City Council Meeting, urged Council to not consider the letter when making decisions on the Items and referenced the history of conflicting surveys of the properties on Oak Lane. An individual, who did not state his name, referenced a proposed cell tower in the Harbor Heights area and stated Council has authority to deny the application. Gillian Eckhardt, 133 Manny Lane, read a prepared statement in support of tattoo parlors. Robert Carney, 340 Chandler Street, requested a speed hump on Chandler Street between Rosalind and Ridgewood Avenues. ADD -ON ITEMS: Discussion to consider amending the City of Cape Canaveral Parking Regulations; Discussion regarding the City of Cape Canaveral Regulations for Temporary Signs; Discussion on options we have within the limits of FL Law 219-131 regarding telecommunication/wireless facilities; Discussion Item to consider directing the City Attorney to draft an ordinance that would require a unanimous vote by the Council to take action on amending, terminating or renewing a contract or employment agreement with the City Manager when the item to take Action was not consistent with Sec. 2-60 of the City Ordinances (Submitted by Council Member Morrison): City Attorney Garganese advised on the process of voting to add the requested Items to the Agenda. Discussion ensued regarding placement of the Items at the end of the Meeting, voting to add all Items in one motion or individually, time constraints and established deadlines for submitting agenda items. City Attorney Garganese clarified that items not added will appear on the next City Council Meeting Agenda. A motion was made by Council Member Morrison to add all four Items to the Agenda. The motion died for lack of a second. A motion was made by Council Member Raymond, seconded by Council Member Randels, to move Item No. 13 immediately after Item No. 1. The motion passed 5-0. ITEM FOR ACTION: 1. City Manager appointment: Mayor Hoog explained the Item. Stuart Smith, 215 Coral Drive, voiced disagreement with the prior Meeting's vote and concerns of Sunshine Law violations. Andrew Dodge, 395 Harbor Drive, supported City Manager residency requirements and voiced alleged illegality of the prior Meeting's vote. John Price, 161 Majestic Bay Avenue, declined to comment. Oshri Gal, 140 Saint Croix Avenue, Cocoa Beach, stated support for Economic Development Director Morley as a City Manager candidate. Patrick Campbell, 307 Surf Drive, requested more details on the prior City Manager's separation before the City appoints a new City Manager. Raymond Osborne, 209 Holman Road, supported the City Manager either being an internal candidate or live within the City and more research to be done. Sarah Hodge, 369 City of Cape Canaveral, Florida City Council Regular Meeting October 15, 2019 Page 3 of 6 Coral Drive, commented on the lack of time to review the Item before voting in the last Meeting, restrictions on public input, City Manager residency requirements, opposition to the planned Multi -Generational Facility, City Hall parking issues and opposition to cell towers. Bill Hodge, 369 Coral Drive, stated agreement with Sarah Hodge's concerns. Council discussion ensued and included the prior Meeting's vote to approve David L. Greene's Separation Agreement, the terms of the Agreement compared to the original contract, short timeframe to review the Item prior to the last Meeting, Sunshine violation allegations, statements made in the prior Meeting, State Law requirements, options presented to Council going forward, feasibility, cost and scope of conducting a search for a new City Manager, promoting from within, wants to avoid a rushed decision, four - to -seven year average tenure of a City Manager, Staff recommendation of Economic Development Director Morley and his 18 years' experience with the City, workload of the City Clerk's Office, Interim City Manager Goforth's support of Mr. Morley and a defined time period for an interim City Manager to serve to allow for Council to make an informed, final decision. A motion was made by Mayor Pro Tem Brown, seconded by Council Member Morrison, to appoint Economic Development Director Todd Morley as Interim City Manager for a period of six months unless otherwise determined by Council. The motion passed 5-0. Mayor Hoog declared a ten-minute recess at 7:57 PM and called the Meeting back to Order at 8:08 PM. ITEM FOR DISCUSSION: 13. City Code Section 2-28 — Code of Conduct. (Submitted by Council Member Raymond): Council Member Raymond explained the Item, read sections of the Code of Conduct into the record and discussed the final nature of Council decisions and the City's Visioning and goals. PRESENTATIONS/INTERVIEWS: Interview Applicants for appointment to the Culture and Leisure Services Advisory Board. (Joel Fair and Kathy Parks): City Attorney Garganese confirmed the information in Mr. Fair's application was true and correct. Mr. Fair shared his family's involvement with Space Coast Little League and other Leisure Services functions. Council addressed and thanked Mr. Fair. City Attorney Garganese confirmed the information in Ms. Parks' application was true and correct. Ms. Parks shared her history in the area, her family's enjoyment of City parks and captaining a tennis team in the City. Council addressed and thanked Ms. Parks. CONSENT AGENDA: Mayor Hoog inquired if any Items needed to be removed for discussion. Council Member Morrison removed Item No. 7. 2. Approve Minutes for September 12, 2019 Special Meeting and September 17, 2019 Regular Meeting. 3. Resolution No. 2019-21; approving a Memorandum of Agreement for Highway Maintenance along State Road A1A with the Florida Department of Transportation; providing for the repeal of prior inconsistent resolutions, severability and an effective date. Attachment 4 City of Cape Canaveral, Florida City Council Regular Meeting November 19, 2019 Page 5 of 6 and courteous way before implementing penalties and the topic is timely with the addition of a new Council Member and at the New Year. 15. City Manager (Submitted by Council Member Raymond): Discussion ensued and included Interim City Manager Morley's current six-month term, searching for a new City Manager, challenges of conducting a search within and outside of the City, not eliminating Interim City Manager Morley as a candidate, pros and cons of residency requirements and polling citizens, Human Resources Director Ross' upcoming retirement, Deputy Finance Director Huser will be the new Human Resources Director and confirmation that Interim City Manager Morley received a pay increase since being appointed. 16. Affordable Housing (Submitted by Council Member Raymond): Discussion ensued and included making affordable housing in the City a first priority, researching what Council has control over, policies to promote affordable homes, density concerns, Homestead Exemption program for seniors, the number of non -homesteaders and renters in the City, disagreement with adoption of City Ordinance No. 03-2018, affordable and lower income housing development implementation challenges, greenspaces and parking. 17. Discussion to consider amending the City of Cape Canaveral Parking Regulations: (Submitted by Council Member Morrison): Discussion ensued and included parking regulations related to private and commercial properties, parking on grass in residential and commercial areas, sustainability solutions, impacts on the Indian River Lagoon, harmful nature of minimum parking requirements across the country and moving away from minimum dimensions. Community Development Director Dickey discussed the challenges of redevelopment, getting the necessary changes into place to meet the Code and how Staff may bring new policies for Council consideration after the Planning and Zoning Board meeting scheduled for December 4, 2019. Interim City Manager Morley discussed an initiative relating to "maximum impervious area on any given lot". 18. Discussion on options we have within the limits of FL Law 219-131 regarding telecommunication/wireless facilities. (Submitted by Council Member Morrison): Discussion ensued and included adapting City policy with the State Law and a planned facility tower near Harbor Heights, the letter of a resident was read into the record, tight restrictions in State Law, citizen participation, small timeframe for the Harbor Heights installation and limited maneuverability for the structure. City Attorney Garganese read directly from the Act, detailing the City may not require a meeting before filing an application and cannot require direct or indirect notification for a public meeting for the placement of communication facilities in the right-of-way and stated those are just two of many restrictions from the Florida legislature. Discussion ensued regarding the challenges the City faces and possible alternatives through Staff analysis of standards and restrictions from adopting certain regulations with regard to the State right-of-ways. 19. Discussion Item to consider directing the City Attorney to draft an ordinance that would require a unanimous vote by the Council to take action on amending, terminating or renewing a contract or employment agreement with the City Manager when the item to take Action was not consistent with Sec. 2-60 of the City Ordinances (Submitted by Council Member Morrison): Discussion ensued and included how a City Manager employment agreement and separation should be handled with regard to City Code, taking no Council action without prior notice and City of Cape Canaveral, Florida City Council Regular Meeting November 19, 2019 Page 6 of 6 placing that requirement within the Code or a contract for employment, time constraints and urgency may require immediate Council action, similar instances regarding past City Managers, navigating costs and public perception. Lee Vicidomini, 421 Lincoln Avenue, expressed opinions regarding affordable housing, landlords and giving a tax break to owners of rental property to encourage low-income housing, property owners that do not reside in the City, elected officials that do not own property in the City, encouragement for a productive Council going forward and support for hiring from within and for Interim City Manager Morley. REPORTS: Council Member Raymond discussed the Multi -Generational Facility hosting future events, kudos to Staff for the Bike and Pedestrian Accessibility Community Outreach Session and City Halloween Trunk or Treat/Monster Mash, the Space Coast League of Cities meetings, the League's Advocacy Team trips to Tallahassee and the League's co -sponsored educational Scholarship Application is ready online. Council Member Morrison thanked Rocky Randels for his service to the City, congratulated Mayor Pro Tem Brown and City Council Member Kellum on their election wins and thanked Interim City Manager Morley and City Attorney Garganese for their work. Council Member Kellum discussed citizen favor for the addition of a small pool inside the Multi - Generational Facility, requested Staff research the costs for a design change, expressed desire the Facility be used in a variety of ways and also suggested a Silver Sneakers program be started through the City. Mayor Pro Tem Brown thanked Rocky Randels for his service to the City, congratulated Council Member Kellum and thanked Staff and First Responders. Mayor Hoog confirmed the Mayors' Fitness Challenge will be noticed on the City website and discussed the need for Council Consensus regarding the request put forth by Council Member Kellum. Discussion ensued on time to include a design change and different options for a small indoor pool. Council reached consensus for Staff to research changing the design of the Multi - Generational Facility to include an indoor pool and bring the Item back to the December 17, 2019 Regular City Council Meeting. Interim City Manager Morley thanked Rocky Randels for his service. ADJOURNMENT: There being no further business, the Meeting adjourned at 9:31 PM. Mia Goforth, City Bob Hoog, Mayor SEAL of Cape Canaveral, Florida Attachment 5 Todd Morley (321) 288-0415 (cell) t.morley@cityofcapecanaveral.org Professional Objective To be a fair, honest, transparent and approachable City Manager who will work hard for the best interests of the City of Cape Canaveral, its residents and business owners. Experience 2002—Present (18 years) City of Cape Canaveral — Cape Canaveral, Florida Interim City Manager — (October 2019-Present) Appointed Interim City Manager on October 15, 2019 to provide solid leadership, continuity and management to the Staff and City of Cape Canaveral as directed by the City Council. Accomplishments, initiatives and actions during this appointment (to date) include: Administrative Initiatives • Issued a timely and professional 2019 State of the City Report. • Revisited negotiations with Brevard Public Schools and Brevard County Commission regarding obtaining Cherie Down Park. • Oversaw the City's FY 2019/20 Annual Financial Audit — with a result of having zero findings. • Oversaw the transition to Special Magistrate Hearings for Code Enforcement matters. • Oversaw and approved publication and advertisement of RFQ #2020-01 (Request for Qualifications) Construction Management (At Risk) for the Multi - Generational Facility and Cultural Arts Preservation & Enrichment (CAPE) Center. Community Relations • Introduced an ongoing series of "Coffee Hour/Community Chat" events giving the public an opportunity to interact directly with the Interim City Manager. • Hosted a 2-day City Hall Open House event for the Community. • Provide ongoing continuity by representing the City via external liaison roles with various governmental agencies. • Continue to support successful programs such as: Sea Oats Planting, Founders' Day Spring Festival, Mayors' Fitness Challenge and Friday Fest. Council Member Interaction • Meet regularly with Mayor and Council Members to review current and future agenda items, questions and emerging community issues and concerns; maintaining mutual awareness as an ongoing goal. Cultural Change Initiatives • Strong focus on improving relationships between Council, City Manager, Directors, Staff and the Community, as well as developing and encouraging a strong sense of unity and teaming among Staff. Ongoing Staff Development, Awareness & Training • Increasing internal awareness and diligence by providing Staff with the tools needed to be proactive and aware of the increasing number of Cyber Security threats and attacks to local governments. • Conducting ongoing meetings with Directors and Staff to be well-informed and to provide input on new and existing projects in the Community as well as provide guidance when issues may arise. • Encouraging Staff to increase focus on Sustainability and Resiliency efforts. • Met with Staff and Dr. Freijo to prepare for the 2020 Strategic Planning Retreat. • Provide an open-door policy to Directors and Staff and encourage them to develop new and innovative ideas that will increase productivity and teaming in the workplace and enhance safety and the quality of life in the Community. Professional Development • Attended International City/County Management Association (ICMA) Southeast Regional Conference for local governments. • Attended the Florida City/County Management Association (FCCMA) Institute/Workshop for City and County Managers. Resource Allocation • Promoted the Public Works Deputy Director to Director in October 2020 as he possesses the core competencies and field expertise which allows select projects, when beneficial, to be performed in-house and at a significant cost savings over utilizing external contractors. • Internal Hire of Deputy Finance Director to the Human Resources Director/Risk Management Director position, capitalizing on the effectiveness of institutional knowledge, procedural awareness, and benefits of existing in- house relationships. • Backfilled other employee vacancies in Administrative Services and Public Works Infrastructure Maintenance. Economic Development Director — (2016-October 2019) • Responsible for the development, implementation and management of the marketing, economic development, public relations and communications programs for the City. • Responsible for maintaining communications with the public, media, industry professionals and members of other Civic and Community organizations. • Created a marketing and economic development program, including incentives and media promotion programs that ensure the City economically achieves Community awareness and exposure. • Continuity with damage assessment. • Project Manager for City Hall construction. Community and Economic Development Director — (2011-2016) Direct the activities of the Community and Economic Development Department. Perform professional and administrative work in the City's Planning, Zoning, Development, Redevelopment and Economic Development activities. • Revised City Sewer Impact Fee Schedule. • Sustained participation in the City's Visioning Program toward achieving economic growth and highest and best use development potential. • Direct the development, administration and review of departmental budget and exercise control over expenditures. • Provide administrative support to the Planning and Zoning Board, Zoning Board of Adjustment, Construction Board of Adjustment, Code Enforcement Board, Community Appearance Board as well as other meetings and special assignments as directed by the City Manager. • Provided Human Resource directives to supervise and develop a Staff of five employees. • Reviewing and coordination of large and small construction projects and site plans. Scheduling and directing of pre -construction meetings with developers and Staff. • Regularly submit agenda items and provide input at City Council meetings. • Responsible for researching, analyzing and making recommendations and creation of amendments to the City Code of Ordinances and developing accompanying Resolutions. • Reviewing and approving Local Business Tax Receipts (Occupational Licenses). • Continuity with damage assessment. Building Official, Planning Official, Code Enforcement Official — (2003-2011) Responsible for direct regulatory administration and supervision of plan review, enforcement, inspection of building construction, erection, repair, addition, remodeling, demolition and alteration projects that require permitting indicating compliance with building, plumbing, mechanical, electrical, gas, fire prevention, energy, accessibility and other construction codes as required by the State and City ordinances. • On -going participation in the City's Visioning Program toward achieving economic growth with the highest and best development potential. • Direct the development, administration and review of departmental budget and exercise control over expenditures. • Provide administrative support to the Planning and Zoning Board, Zoning Board of Adjustment, Construction Board of Adjustment, Code Enforcement Board, Community Appearance Board as well as other meetings and special assignments as directed by the City Manager. • Provided Human Resource directives to supervise and develop a Staff of five employees. • Review and coordination of large and small construction projects and site plans. Scheduling and directing of pre -construction meetings with developers and Staff. • Regularly submit agenda items and provide input at City Council meetings. • Responsible for researching, analyzing and making recommendations and creation of amendments to the City Code of Ordinances and developing accompanying Resolutions. • Reviewing and approving Local Business Tax Receipts (Occupational Licenses). • Creating solutions for practical problems while dealing with a variety of concrete variables in situations where only limited standardization exists. • Review and coordination of large and small construction projects and site plans. Scheduling and directing of pre -construction meetings with developers and Staff. • Responsible for continuity in damage assessment, life -safety determinations and postings of unsafe structures after natural disasters. • Review and issuance of building permits and performance of inspections. • Review and coordination of Code Enforcement cases. • Review and approval of zoning classifications. • Assessment of municipal impact fees. • Revised City Sign Code. Building Inspector/Plans Examiner — (2002-2003) City of Cape Canaveral Duties included residential and commercial inspections and plan review. Deputy Building Official — (2001-2002) City of Rockledge - Rockledge, Florida Responsible for acting in the capacity of the Building Official in his absence. Duties included residential and commercial inspection and plan review. Appointed Departmental Public Information Officer. Owner/State Certified Building and Roofing Contractor — (1994-2010) Todd Morley Construction - Cocoa, Florida Responsible for commercial and new residential home construction projects. Specialty area: residential additions and remodeling. Activities included bidding, sales, purchasing, CAD work, permitting, legal documents, hands-on construction and supervision in all disciplines of construction, customer relations, management of many sub -contractors, hiring, training and disciplining of employees. Operations Manager — (1980-1994) Ability Window and Door, Inc. - Cocoa, Florida Responsible for management and installation of residential and commercial construction projects for entry/egress and glazing systems, carpentry, specialty structures and interior and exterior finish -out. Personnel management, customer relations, bidding, purchasing, job supervision, sales and hands-on construction work. Florida Licensure • Building Code Administrator (BU1057) • Standard Inspector (BN4499 - Building, Plumbing, Mechanical) • Standard Plans Examiner (PX2627 - Building, Plumbing) • Standard Roofing Inspector (SR155) • Building Contractor (CBC57152 - Inactive) • Roofing Contractor (CCC57400 - Inactive) Education University of Central Florida - Orlando, Florida — (1986-1988) • B.S. Business Management Brevard Community College - Cocoa, Florida — (1983-1986) • A.A. Business Administration Professional Memberships & Certificates • Economic Development Commission of Florida's Space Coast • FRA Redevelopment Professional • International City/County Management Association (ICMA) Member • Florida City/County Management Association (FCCMA) Member • Member of the Board of Directors to the Economic Development Commission of Florida's Space Coast. • Ad Valorem Tax Abatement Council Member — Economic Development Commission of Florida's Space Coast. Historical Community Activism • Building Officials Association of Brevard County - President (2007-2008). • Member of DCA/BOAF non -binding code interpretation process. • Governor's Appointee to the Children Services Council of Brevard County. • Appointed to International Code Council 2007 Exam Development Committee. • United Way Funding Allocation Panel. References References furnished upon request. City of Cape Canaveral City Council Meeting - April 21, 2020 Agenda Item Summary Item No. 11 Subject: Discussion on Reducing Fees and Regulations for the Community in response to Executive Orders related to COVID-19. Department: City Council Summary: A discussion amongst the City Council, Administration and Public regarding ways that we can help reduce fees and or regulations within the residential and business community due to the economic challenges as it relates to the Executive Orders and COVID-19 within the City of Cape Canaveral. Submitting Council Member: Council Member Wes Morrison Date: 4/8/2020 Attachments: None. City of Cape Canaveral City Council Meeting - April 21, 2020 Agenda Item Summary Item No. 12 Subject: Discussion Policy and Budget under the Civil Emergency related to COVID-19. Department: City Council Summary: A discussion amongst the City Council, Administration and Public regarding the policy and budget under the current civil emergency due to COVID-19 within the City of Cape Canaveral. Submitting Council Member: Council Member Wes Morrison Date: 4/8/2020 Attachments: None.