HomeMy WebLinkAboutcocc_council_mtg_packet_20210420CAPE CANAVERAL CITY COUNCIL MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
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AGENDA
April 20, 2021
6:00 P.M.
COVID-19 PANDEMIC ADVISORY: Due to the COVID-19 Pandemic Emergency, this meeting
will be held both in -person and virtually by communications media technology (CMT).
Instructions for the public to attend and provide public comments during this meeting are
accessible at www.cityofcapecanaveral.org/instructions as well as attached to this agenda.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear
on the agenda and any agenda item that is listed on the agenda for final official action by the City
Council excluding public hearing items which are heard at the public hearing portion of the
meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-
judicial or emergency items. Citizens will limit their comments to three (3) minutes. The City
Council will not take any action under the "Public Participation" section of the agenda. The Council
may schedule items not on the agenda as regular items and act upon them in the future.
PRESENTATIONS/INTERVIEWS 16:15 p.m. - 6:30 p.m.
Presentation of Proclamation declaring the second week of May as "Women's Lung Health Week"
to Debra Smith, representative of the American Lung Association's "LUNG FORCE".
Presentation of the Certificate of Recognition to the City of Cape Canaveral on the 55th
Anniversary of the City's recognition by the International City/County Management Association
(ICMA) of its operation under the Council -Manager form of government, by Indian Harbour Beach
City Manager Mark Ryan.
Anti -Hate Proclamation.
CONSENT AGENDA 1 6:30 p.m. - 6:35 p.m.
1. Approve Minutes for March 16, 2021 Regular Meeting.
2. Resolution No. 2021-05; reappointing members to the Community Appearance Board of
the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions,
severability and an effective date. (Randy Wasserman and Elana Whitehead)
City of Cape Canaveral, Florida
City Council Meeting • April 20, 2021
Agenda • Page 2 of 2
3. Approve Work Squad Contract W1140, Amendment 3 between the Florida Department of
Corrections and the City of Cape Canaveral in the amount of $57,497, and authorize City
Manager to execute same.
4. Approve Volunteer Service Partnership Memorandum of Understanding (MOU) with United
States Coast Guard Cutter (USCGC) Confidence and authorize Mayor to execute same.
5. Award Bid for installation of a Supervisory Control and Data Acquisition (SCADA) system at
the Water Reclamation Facility to Chinchor Electric, Inc. of Orange City, Florida in the amount
of $723,211 and authorize City Manager to execute Construction Agreement for same.
PUBLIC HEARINGS 1 6:35 p.m. - 7:05 p.m.
6. Ordinance No. 12-2021, amending Section 6-51 of the City Code related to open
containers of alcoholic beverages in public places; providing for the repeal of prior
inconsistent ordinances and resolutions, incorporation into the Code, severability and an
effective date, second reading.
7. Ordinance No. 30-2021; amending Section 2-300 of the City Code related to the City's
Travel Reimbursement Policy; providing for the repeal of prior inconsistent ordinances and
resolutions, incorporation in the Code, severability and an effective date, first reading.
8. Ordinance No. 31-2021; amending Chapter 62 — Solid Waste, regulating the collection
and disposal of solid waste and construction and demolition debris within the
jurisdictional limits of the City of Cape Canaveral; providing for the repeal of prior
inconsistent ordinances and resolutions, incorporation into the Code, severability and an
effective date, first reading.
REPORTS 17:15 p.m. - 7:20 p.m.
ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the
public that: If a person decides to appeal any decision made by the City Council with respect to
any matter considered at this meeting, that person will need a record of the proceedings, and for
such purpose that person may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based. This
notice does not constitute consent by the City for the introduction or admission into evidence of
otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not
otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested
parties may attend this Public Meeting. The facility is accessible to the physically handicapped.
Persons with disabilities needing assistance to participate in the proceedings should contact the
City Clerk's office [(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, attendance at City Hall public meetings is limited in an
effort to comply with Federal and State public health and safety directives to keep our citizens, City
officials and employees safe. Under these conditions, the City of Cape Canaveral is committed to
providing alternative platforms for citizens to virtually attend scheduled public meetings and have an
opportunity to submit public comments in an efficient, orderly and safe manner. As a result, the City of
Cape Canaveral is temporarily utilizing virtual Communications Media Technology (CMT) for City Council
and other board meetings.
INSTRUCTIONS FOR VIRTUAL MEETING ATTENDANCE AND AGENDA ACCESS
The City of Cape Canaveral's temporary CMT meeting platform is GoToWebinar. Videoconferencing and
teleconferencing will be used to virtually connect the following meeting participants: City Staff, City
Attorney, City Consultants and Applicant(s), if any, for purposes of conducting public meetings. With
the expiration of the Governor's Executive Order No. 20-69, a physical quorum is again required as of
November 1, 2020. Provided a physical quorum is present, some City Council Members and/or Board
Members may participate virtually, in accordance with §120.54(5)(b)(2), F.S.
The public may virtually attend the meeting live by viewing and listening to the meeting by accessing
the meeting at an Internet address and/or phone number/access code listed at the top of each
respective meeting agenda and on the City website's Community Events Calendar available at:
cityofcapecanaveral.org/calendar.php.
To obtain a copy of the Council or 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:
cityofcapecanaveral.org/publicrecords
PARTICIPATION OPPORTUNITIES DURING MEETINGS VIA GOTOWEBINAR (GTW) PLATFORM
There will be appropriate times during GoToWebinar hosted meetings 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 (see the green arrow) to speak
by pressing the hand feature on the GoToWebinar screen in timely
manner so as to be recognized by the GTW Meeting Organizer.
File View
Audio
0
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Speakers (High Definition Aud..
When the speaker is recognized by the GTW Meeting Organizer, their audio microphone will be
unmuted to address the Council or Board Members. Speakers must clearly state their names and
residence for the record and then provide comments within three (3) minutes. Public comments must
be relevant to the agenda item being considered at that time. Irrelevant and repetitive comments will
be deemed out -of -order and will not be heard. At the conclusion of a citizen's public comment
opportunity, the audio will be muted so the Council or Board may continue conducting the meeting.
City of Cape Canaveral - Virtual Meeting Instructions — Revised December 7, 2020
Page 1 of 2
Public comments are limited to three (3) minutes. The comments will be heard at the meeting and
summarized into the record. Public comments are subject to City meeting rules of decorum. The
speaker'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 Council or 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.
PUBLIC COMMENT AND PUBLIC PARTICIPATION INSTRUCTIONS
Public comments in the form of email or written correspondence (either mailed or hand -delivered) will
be accepted no later than 24 hours ahead of a scheduled Workshop or Regular Meeting. Public
comments in the form of email or written correspondence will be accepted within a reasonable amount
of time prior to Special City Council Meetings. Emails and correspondence will not be read into the
record at the public meetings. However, emails and correspondence will be forwarded to the City
Council and/or Advisory Board Members prior to 12 Noon the day of the scheduled meeting for their
review.
§286.0114, F.S. affords the public a reasonable opportunity to be heard during public City Council and
Advisory Board Meetings. In light of challenges posed to hosting traditional public gatherings due to
the COVID-19 Pandemic Emergency, Staff is continually working to develop efficient methods to ensure
an accessible range of opportunities for public participation. We appreciate your patience as we work
to implement these improvements, and ask that any questions or concerns regarding Public
Participation and Public Comments be directed to the City Clerk's Office at
cityclerk@cityofcapecanaveral.org or by phone at (321) 868-1220.
ACCESSIBILITY STATEMENT
The City broadcasts all City Meetings via it's website through a third -party provider that enables live
captioning. 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 Order No. 20-52. 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 public meetings, please contact the City Clerk.
Rev. 12/07/2020
City of Cape Canaveral - Virtual Meeting Instructions — Revised December 7, 2020
Page 2 of 2
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • APRIL 20, 2021
AGENDA ITEM SUMMARY • INTERVIEWS/PRESENTATIONS
Subject: Presentation of Proclamation declaring the second week of May as "Women's Lung Health
Week" to Debra Smith, representative of the American Lung Association's "LUNG FORCE".
Department: Legislative
Summary: Founded in 1904, the American Lung Association (ALA) has been America's leading
force for lung health, inspiring generations of Americans to work together for better health and
longer life for all. LUNG FORCE is a nationwide initiative led by ALA to unite women to stand
together against lung cancer, through efforts to educate what it means to have lung cancer, that
anyone can get lung cancer and to push for research innovations aimed at earlier detection and
better treatments.
The second week of May is ALA's "Women's Lung Health Week," intended to highlight lung cancer
as the leading cause of cancer deaths for women and men in the United States, with one woman
being diagnosed with lung cancer every four minutes and forty seconds.
Present this evening is Debra Smith, representative of ALA's "LUNG FORCE", to accept the
Proclamation.
Submitting Council Member: Mayor Bob Hoog Date: 04/12/21
Attachment: Proclamation
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 03/26/21
The City Manager recommends the City Council take the following action:
Present Proclamation.
Approved by City Manager: Todd Morley Date: 04/06/21
Official
Proclamation
City Of
Cape Canaveral, Florida
WHEREAS, lung cancer is the leading cause of cancer deaths
for women and men; and
WHEREAS, every four minutes and forty seconds, a woman in
the United States is diagnosed with lung cancer; and
WHEREAS, advocacy and increased awareness will result in
screening for those at high risk and early detection that will
ultimately save lives; and
WHEREAS, public support for research funding will result in
better treatment methods and new early detection methods that
will ultimately save lives; and
WHEREAS, LUNG FORCE is a national initiative led by the
American Lung Association, to defeat lung cancer.
NOW, THEREFORE, 1, Robert Hoog, Mayor of the City of Cape
Canaveral, Brevard County, Florida, do hereby proclaim the second
week of May 2021 as
WOMEN'S LUNG HEALTH WEEK
and encourage all residents to learn more about lung cancer, risk
factors and screening options.
Signed and Sealed
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • APRIL 20, 2021
AGENDA ITEM SUMMARY • INTERVIEWS/PRESENTATIONS
Subject: Presentation of the Certificate of Recognition to the City of Cape Canaveral on the 55th
Anniversary of the City's recognition by the International City/County Management Association
(ICMA) of its operation under the Council -Manager form of government, by Indian Harbour Beach
City Manager Mark Ryan.
Department: City Clerk's Office
Summary: The City of Cape Canaveral was incorporated May 16, 1963 with the following Preamble
included in the City Charter: "We the people of the City of Cape Canaveral, under the constitution
and laws of the State of Florida, in order to secure the benefits of local self-government and to
provide for an honest and accountable council-manager government, do hereby adopt this Charter
and confer upon the city the following powers, subject to the following restrictions, and prescribed
by the following procedures and governmental structure. By this action, we secure the benefits of
home rule and affirm the values of representative democracy, professional management, strong
political leadership, citizen participation, and regional cooperation."
The FCCMA is a professional organization of practicing public administrators from throughout
Florida local governments. The Association was chartered in 1946 as a non-profit corporation to
elevate professionalism among the State's 478 cities and counties, and to promote the council-
manager form of government as the form that advances the highest ethical and professional
standards. ICMA advances professional local government worldwide. The organization's mission is
to create excellence in local governance by developing and fostering professional management to
build better communities.
Having celebrated its 50th Anniversary in 2013, the City is now being recognized for fifty-five plus
years of appointing professionals and having a professional manager (and team) help realize and
execute the Council's vision. Tonight's presentation is an effort through the FCCMA to raise
awareness of the profession and those cities and counties that are such strong examples of
professionally -run municipalities; and to bring attention to the City's 55-Year Anniversary of its
ICMA recognition. The City of Indian Harbour Beach City Manager Mark Ryan requested this
presentation take place during tonight's Cape Canaveral City Council Meeting.
Submitting Department Director: Mia Goforth Date: 04/13/21
Attachment: Certificate of Recognition
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 04/13/21
The City Manager recommends the City Council take the -following action:
Receive Certificate of Recognition.
Approved by City Manager: Todd Morley Date: 04/13/21
Certificate of Recognition
The Florida City &County Management
Association Celebrates With
City of Cape Canaveral
on the 55th anniversary of your city's recognition by the
International City/County Management Association (ICMA)
of its operation under the council-manager form of government.
Awarded April 20, 2021
FCCMA ICMA
Micah Maxwell, President, FCCMA
Assistant City Manager, Clearwater
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • APRIL 20, 2021
AGENDA ITEM SUMMARY • INTERVIEWS/PRESENTATIONS
Subject: Anti -Hate Proclamation.
Department: City Council
Summary: Mayor Pro Tem Angela Raymond has requested to re -read, into the record, the City's
Anti -Hate Proclamation, originally presented at the June 16, 2020 City Council Meeting, with the
message "Residents need to be reminded of what we stand for in our City."
Submitting Council Member: Mayor Pro Tem Raymond a Date: 04/12/21
Attachment: City of Cape Canaveral Anti -Hate Proclamation
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 04/08/21
The City Manager recommends the City Council take the following action:
Re -read the City's Anti -Hate Proclamation into the record.
Approved by City Manager: Todd Morley Date: 04/12/21
Official
Proclamation
City Of
Cape Canaveral, Florida
WHEREAS, hate violence has become a daily occurrence and is increasing
at epidemic rates across the nation; and
WHEREAS, history has tragically taught us what happens when people
stand by and allow acts of violence, hatred and injustice to occur; and
WHEREAS, those that are exposed to such inequitable treatment often
feel alienated, without hope and helpless to stand alone against the hate and
aggression; and
WHEREAS, on June 2, 2020, Isaac Salver, President of the Florida League
of Cities, expressed deep and sincere sympathy to the family of George Floyd
and deplored and repudiated the actions that led to the Toss of life; and
WHEREAS, the City of Cape Canaveral stands with the Florida League of
Cities, President Isaac Salver, and other municipalities in echoing that sympathy
to the family of George Floyd and of others that have suffered similar fates and
deploring and repudiating the actions that led to the loss of life; and
WHEREAS, the City of Cape Canaveral is committed to supporting the
Florida League of Cities' pledge to work as a family of cities to respond to the call
for equality being heard throughout our nation.
NOW, THEREFORE, 1, Robert E. Hoog, Mayor of the City of Cape
Canaveral, Brevard County, Florida, do hereby proclaim commitment to
supporting the Florida League of Cities in its mission to create a framework for
equitable communities and declare that
THE CITY OF CAPE CANAVERAL
STANDS AGAINST HATE
Signed and Sealed
ITEM # 1 DRAFT
CAPE CANAVERAL CITY COUNCIL MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Hybrid Meeting via GoToWebinar
Tuesday
March 16, 2021
6:00 P.M.
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:00 P.M. Mayor Pro Tern Raymond
led the Pledge of Allegiance. Mayor Hoog read a statement regarding virtual participation.
ROLL CALL:
Council Members Present:
Council Member Mike Brown
Mayor Bob Hoog
Council Member Mickie Kellum
Council Member Wes Morrison
Mayor Pro Tern Angela Raymond
Others Present:
City Manager Todd Morley
City Attorney Anthony Garganese
City Clerk Mia Goforth
Community and Economic Development Director David Dickey
Cultural and Community Affairs Director Molly Thomas
Leisure Services Director Gustavo Vergara
Sustainability Manager/Planner Zachary Eichholz
Deputy City Clerk Daniel LeFever
Executive Assistant to City Manager/Office Manager Lisa Day
Brevard County Sheriff's Office Commander Andrew Walters
Brevard County Sheriff's Office Corporal William Dasher, Jr.
Canaveral Fire Rescue Chief Dave Sargeant
Canaveral Fire Rescue Deputy Chief Christopher Quinn
Canaveral Fire Rescue Assistant Chief/Fire Marshall Derek Yossifon
PUBLIC PARTICIPATION: Brad Pervell, resident and property owner, expressed appreciation for
efforts taken by Council and Staff to save trees at Sandpiper Park. Ginny Dirschka, property owner,
expressed appreciation for efforts taken by Council and Staff to save trees at Sandpiper Park and
discussed interest in continuing to be involved to protect and plant more native trees around the
City.
Daniel Marshall, resident, discussed support for the City vacation rental legislation. Rhonda
Breininger, property owner and business owner,discussed concerns related to short-term vacation
rental issues and the number of those businesses in the City. Felicity MacDonald, resident,
discussed support for the City vacation rental legislation, thanking Council for considering the
measure. Robert Samak, property owner, discussed opposition to the City vacation rental
City of Cape Canaveral, Florida DRAFT
City Council Meeting • March 16, 2021
Minutes • Page 2 of 4
legislation. City Manager Morley raised a point of order on discussion related to the subject. City
Attorney Garganese explained the Public Participation section is reserved for Items that are not
already on the Agenda, therefore testimony regarding vacation rentals should be delayed until
the Public Hearing is opened for that Item.
CONSENT AGENDA: Mayor Hoog asked if any Items needed to be removed for discussion.
Council Member Morrison removed Item 2.
1. Approve Minutes for February 16, 2021 Regular Meeting.
2. Ratify modification to reduce parking spaces to preserve additional trees in accordance
with attached conceptual plan.
3. Appoint Mayor Pro Tem Raymond to be a panelist at the "Integrated Planning & Action -
people, places and prosperity" event, to be held virtually on May 7th, 2021 at 9:00 a.m.
A motion was made by Council Member Kellum, seconded by Council Member Brown, to
pass Items 1 and 3 on the Consent Agenda. The motion carried 5-0.
2. Discussion ensued and included saving additional trees, meeting the parking
requirements, revising the proposed parking plan and Staff meeting with citizens to discuss
alternatives. A motion was made by Council Member Morrison, seconded by Mayor Pro Tem
Raymond, to pass Consent Agenda Item 2. The motion carried 5-0.
PUBLIC HEARINGS:
4. Ordinance No. 10-2021; amending Section 110-486 of the City Code regulating vacation
rentals; making findings of facts; providing for definitions; requiring vacation rental
registration; requiring inspections; specifying duties of vacation rental owners and allowing
agents; providing for maximum occupancy; providing limited exceptions for pre-existing
contracts; providing requirements of vacation rental owners and agents related to sexual
predators and offenders; requiring provisions for providing and posting safety information for
occupants of vacation rentals; providing restrictions related to accessory structures; providing
enforcement; providing for other miscellaneous provisions; 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 and
reviewed the Item. Discussion ensued and included the Planning and Zoning Board Ordinance
recommendations, the Public Meeting regarding Home Rule, enforcement of 7-day minimums,
Airbnb-style platforms, third -party agreement and registration process, ensuring property owners
have Business Tax Receipts, impact of non -compliant properties, private property rights,
enforcement of noise, parking and trash violations, serious concerns on both sides, prioritizing
needs of the citizens and community, property improvements made by short-term rental business
owners, concerns over losing the residential feel of the City, the need to make equitable decisions
for residents, potential impacts to the City and Cape View Elementary School if a majority of homes
in the City were to become short-term rental properties and effects on affordable housing, the
Ordinance should not affect compliant business owners, 3-year logs, annual safety inspections,
occupancy and daily rentals. Fire Chief Sargeant indicated inspections are being done and will
continue whether the Ordinance passes or not. Discussion continued regarding the Florida Safety
City of Cape Canaveral, Florida DRAFT
City Council Meeting • March 16, 2021
Minutes • Page 3 of 4
and Building Codes, difference between hotel occupancy and properties run by short term -rental
owners and complaint process related to the Florida Department of Business and Professional
Regulation. The Public Hearing was opened. Patricia Weeks, 2021 President, Space Coast
Association of Realtors, discussed support of short-term rental properties, owner rights and
opportunities for the City to collect revenues on those properties. Stephanie Tripp, resident and
property owner, discussed support for the Ordinance. Lamar Russell, Planning and Zoning Board
Chair and property owner, discussed support for the Ordinance, how neighborhoods are
becoming invisibly zoned due to the influx of short-term rental properties and urged the City
charge enough to cover administration, inspections and patrols for enforcement of the rules. Larry
Guest, property owner, expressed concerns over the Ordinance related to long-term rentals. City
Attorney Garganese explained the Ordinance does not apply to the registration fee or property
owners leasing thirty days or more. Alexandra Hodkin, resident, property owner and business
owner, discussed charging tiered daily rates and residential rental units versus short-term rentals.
Tammie Watts, Governmental Affairs Director, Space Coast Realtors, discussed opposition to the
Ordinance, suggested structuring the measure to be equitable to everyone and encouraged
Council consider the employment opportunities. Michael Rivera, resident, property and business
owner, discussed fees and maintenance expenses of running short-term rental businesses and
more fees would cause him to operate elsewhere. Victoria Tchistiakova, resident and property
owner, discussed tax incentives to keep the school open and short-term rental revenues should
go back into the community, creating a balance. Rhonda Breininger, property and business owner,
discussed pros and cons of the Ordinance and support for treating all businesses equally. Vanessa
Gillis, attendee, discussed reducing the 7-day minimum requirement, the minimum wage versus
high rent and business revenue during Spring Break. Mayor Hoog recessed the meeting at 7:58
p.m. The meeting was reconvened at 8:07 p.m. The Public Hearing continued. Laura Renfro,
property owner, discussed opposition to the Ordinance and the differences between long and
short rental properties regarding wear -and -tear. The Public Hearing was closed. Discussion
ensued and included whether the Ordinance is a detriment to businesses, the City does not receive
Tourist Development Tax money, blight in the City, education and enforcement of the law, Home
Rule, affordable housing problems make it unsustainable for some that live here, future agenda
item regarding fees, comprehensive list of all properties and being able to see all complaints,
accessory -use portion to come back to Council as a separate ordinance and amendments to the
draft Ordinance. A motion was made by Council Member Brown, seconded by Mayor Pro
Tem Raymond, to adopt Ordinance No. 10-2021, with the Planning and Zoning Board
recommendations, an effective date of October 1, 2021 and addition of "or designated
agent" under (g)(3), at second reading. The Motion carried 4-1, with Council Member
Morrison voting against.
5. Ordinance No. 11-2021; amending Chapter 98, Subdivisions, Division 5. — Lot splits to
authorize certain unapproved lot splits occurring prior to March 16, 2010 under the
requirements set forth herein; 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. City Manager Morley summarized the Item.
Discussion ensued and included options for the property owners, zoning changes over the last
forty years, how density increases from R-1 through R-3 zoning districts, the variance process, the
Brevard County Property Appraiser, Brevard County Clerk of Court and the City's Code compliance
City of Cape Canaveral, Florida DRAFT
City Council Meeting • March 16, 2021
Minutes • Page 4 of 4
processes regarding lot splits, the option to keep the current Code as is, the proposed Ordinance
may die for lack of a motion, the need for an equitable solution and compatibility with the
neighborhood. The Public Hearing was opened. Anne Brzezicki, resident and property owner,
discussed Surf Drive homeowners' opposition to the proposed Ordinance. Patrick Campbell,
resident, discussed opposition to the proposed Ordinance. Marko Hakamaa, discussed opposition
to the proposed Ordinance. The Public Hearing was closed. Discussion ensued and included
thanks to the citizens for speaking out and other non -conforming properties in the City. A motion
was made by Council Member Brown, seconded by Mayor Pro Tem Raymond, to take no
action on Item No. 5, Ordinance No. 11-2021, at first reading. The Motion carried 5-0.
6. Ordinance No. 12-2021; amending Section 6-51 of the City Code related to open
containers of alcoholic beverages in public places; 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 reviewed the Item. Brevard
County Sheriff's Office (BCSO) Commander Walters expressed gratitude to Council and Staff and
discussed the City's relationship with BCSO, explained the proposed Ordinance and how
enforcement of it will improve quality of life for the community. Discussion ensued and included
the fine being a second-degree misdemeanor, arrests are not always made during enforcement
due to education efforts of law enforcement, drinking is allowed on the beach but prohibited on
beach cross-overs and certain businesses within City limits allow drinking outside, on -premises,
with a State license. The Public Hearing was opened. There being no comment, the Public
Hearing was closed. A motion was made by Council Member Brown, seconded by Mayor Pro
Tem Raymond, to approve Ordinance No. 12-2021, at first reading. The Motion carried 5-0.
REPORTS: None.
ADJOURNMENT: The Meeting was adjourned at 9:59 P.M.
Bob Hoog, Mayor
Mia Goforth, City Clerk
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • APRIL 20, 2021
AGENDA ITEM SUMMARY • ITEM # 2
Subject: Resolution No. 2021-05; reappointing members to the Community Appearance Board of
the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability
and an effective date. (Randy Wasserman and Elana Whitehead)
Department: City Clerk's Office
Summary: The terms for Community Appearance Board (CAB) Chairperson Randy Wasserman and
Board Member Elana Whitehead will expire May 1, 2021. Mr. Wasserman has served on the Board
since June 7, 2005 and Ms. Whitehead has served on the CAB since October 17, 2017. Mr.
Wasserman and Ms. Whitehead have each expressed a desire to continue serving for an additional
three-year term. Consistent with §2-171(f), City Code, these Board Members are eligible for
reappointment as, without reappointment, there would be five vacancies on the Board. As of this
Agenda Item's writing, no applicants have volunteered to serve on the CAB.
Following completion of this term, Mr. Wasserman and Ms. Whitehead may be eligible for
reappointment to the CAB for an additional term, provided no other qualified applicant(s) submit
application(s) seeking appointment, consistent with §2-171(f), City Code.
It is now incumbent upon the City Council to reappoint members to the CAB.
Submitting Department Director: Mia Goforth Date: 04/06/21
Attachment: Resolution No. 2021-05
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 03/26/21
The City Manager recommends the City Council take the following action:
Adopt Resolution No. 2021-05.
Approved by City Manager: Todd Morley Date: 04/06/21
RESOLUTION NO. 2021-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
FLORIDA; REAPPOINTING MEMBERS TO THE COMMUNITY APPEARANCE
BOARD OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL
OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Section
22-36 established a Board known as the Community Appearance Board; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to
reappoint Members to said Board.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby
incorporated herein by this reference as a material part of this Resolution.
Section 2. Reappointment to City Advisory Boards. Pursuant to Section 2-171(e) of the
Cape Canaveral City Code, the City Council of the City of Cape Canaveral hereby reappoints the
following individuals to the Community Appearance Board:
Randy Wasserman and Elana Whitehead shall be reappointed to serve until May 1, 2024.
Following completion of this term, these appointees may be eligible for reappointment if no other
qualified applicants submit applications seeking appointment, consistent with the limitations set
forth in section 2-171(f), City Code.
Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
Section 5. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida,
assembled this 20th day of April, 2021.
[Signature page follows]
City of Cape Canaveral
Resolution No. 2021-05
Page 1 of 2
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
Bob Hoog, Mayor
Name FOR AGAINST
Mike Brown
Bob Hoog
Mickie Kellum
Wes Morrison
Angela Raymond
City of Cape Canaveral
Resolution No. 2021-05
Page 2 of 2
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • APRIL 20, 2021
AGENDA ITEM SUMMARY • ITEM # 3
Subject: Approve Work Squad Contract W1140, Amendment 3 between the Florida Department
of Corrections and the City of Cape Canaveral in the amount of $57,497, and authorize City Manager
to execute same.
Department: Public Works Services
Summary: Through existing Work Squad Contract W1140, the Florida Department of Corrections
(FDC) provides up to eight inmates and one Correctional Officer for ten hours per day (including
travel time to/from Orlando), four days a week. The annual contract cost for this inmate labor work
program is $57,497, unchanged from last fiscal year, which is less than the average cost of one City
Infrastructure Maintenance Worker/Specialist (including wages and benefits). The inmates more
than double the City's current labor capabilities — which allows the City to provide a higher quality
of life, level of amenities and overall curb appeal to residents and visitors.
It is important to note that FDC did not provide inmate labor for several months in FY20/21 due to
the impacts of COVID-19. The City was not charged for these absences which significantly reduced
the annual payment to FDC for FY20/21. Per Amendment 3, any absences in FY21/22 will also not
be charged to the City.
Various City departments utilize inmate labor to address a number of routine tasks and special
projects throughout the City including:
• Little League field maintenance
• City landscaping — mowing, weeding and laying sod/mulch/coquina/rock
• Tree maintenance and invasive species removal
• Litter control along streets, beach, beach ends and in City parks
• Painting of City facilities
• Concrete and Flexipave installation — sidewalks, connectors, repairs and bike rack pads
• Fence repair and replacement at City facilities
• Baffle box and stormwater inlet sediment removal and cleaning
• Cleaning City vehicles
• Beach crossover maintenance
• Mobi-mat installation, removal and maintenance
• City events — stage, fencing and bench/seating installation
• Special projects
Amendment 3 (attached) renews Work Squad Contract W1140 for one year, updates the Agency
Representative (City contact) to be Tim Carlisle (Capital Projects Deputy Director) and sets an
effective date of October 1, 2021. The Work Squad Contract term is from October 1, 2018 to
September 30, 2022, and may be renewed for up to a three-year period in whole or in part, after
the initial contract period. A renewal option of one year remains in the Contract.
Staff recommends City Council approve the Work Squad Contract W1140 with Amendment 3
changes.
Submitting Department Director: James Moore
Attachment:
Work Squad Contract W1 140 Amendment 3
Date: 04/13/21
City of Cape Canaveral
City Council Meeting • April 20, 2021
Agenda Item # 3
Page 2 of 2
Financial Impact: $57,497 for Work Squad Contract W1140 between Florida Department of
Corrections and the City, representing zero increase in cost over last year's contract, funded by
Citywide Operational Funds; Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director:
John DeLeo Date: 04/06/21
The City Manager recommends the City Council take the following actions: Approve Work
Squad Contract W1140 Amendment 3 between the Florida Department of Corrections and the City
in the amount of $57,497, and authorize Interim City Manager to execute same.
Approved by City Manager: Todd Morley Date: 04/07/21
CONTRACT#W1140
AMENDMENT#3
CONTRACT BETWEEN
THE FLORIDA DEPARTMENT OF CORRECTIONS
AND
CITY OF CAPE CANAVERAL
This is an Amendment to the Contract between the Florida Department of Corrections("Department")and the
City of Cape Canaveral("Agency"),to provide for the use of inmate labor in work programs.
This Amendment:
• Renews the Contract for one(1)year pursuant to Section I.,B.,Contract Renewal,and revises Section
I.,A., Contract Term. The Department is exercising its final renewal option;
• Revises Section III.,C., Submission of Invoice(s):
• Revises Section IV.,C.,Aaencv's Representative, second paragraph; and
• Revises Revised Addendum A,third line.
Original Contract Term: October 1,2018 through September 30,2019
Amendment#1: June 3,2019 through September 30,2020
Amendment#2: June 2,2020 through September 30,2021
In accordance with Section V., CONTRACT MODIFICATIONS,the following changes are hereby made:
1. Section I.,A., Contract Term is hereby revised to read:
L A. Contract Term
This Contract began on October 1,2018, and shall end on September 30,2022.
2. Section III., C., Submission of Invoice(s),is hereby revised to read:
III C. Submission of Invoice(s)
The name, address,and phone number of the Agency's official representative to whom
invoices shall be submitted is:
Todd Morley,City Manager
City of Cape Canaveral
100 Polk Avenue
Cape Canaveral,Florida 32920
Telephone: (321) 868-1220 ext.218
Fax: (321) 868-1248
Email: invoices(ccitvofcapecanaveral.ora
Page 1 of 6
CONTRACT#W1140
AMENDMENT#3
3. Section IV.,C.,Aaency's Representative. second paragraph, is hereby revised to read:
IV. C. Aaency's Representatives
The names,addresses, and telephone numbers of the Agency's Representatives are:
Tim Carlisle, Capital Projects Deputy Director
City of Cape Canaveral
100 Polk Avenue—P. O.Box 326
Cape Canaveral,Florida 32920
Telephone: (321) 868-1220,Ext. 202
Fax: (321) 868-1233
Email: t.carlisle(a,,citvofcapecanaveral.ora
4. Revised Addendum A,third line,is hereby revised to read:
Interagency Contract Number W1140,Amendment#3 effective October 1, 2021.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 2 of 6
CONTRACT#W1140
AMENDMENT#3
All other terms and conditions of the original Contract and any previous amendments remain in full force and
effect.
This Amendment shall begin on the last date of signature by all parties.
IN WITNESS THEREOF,the parties hereto have caused this Amendment to be executed by their undersigned
officials as duly authorized.
AGENCY:
CITY OF CAPE CANAVERAL
SIGNED
BY:
NAME: Todd Morley
TITLE: City Manager
DATE:
FEIN: 59-0974636
FLORIDA DEPARTMENT OF CORRECTIONS Approved as to form and legality,subject to
execution.
SIGNED SIGNED
BY: BY:
NAME: NAME: Dorothy M.Burnsed
TITLE: Chief,Bureau of Procurement TITLE: Deputy General Counsel
DATE: DATE:
Page 3 of 6
Revised Addendum A
Inmate Work Squad Detail of Costs for City of Cape Canaveral
Interagency Contract Number W1140, Amendment #3 effective October 1, 2021
***ENTER MULTIPLIERS IN SHADED BOXES ONLY IF TO BE INVOICED TO AGENCY*** I Per Officer I I Total I
Annual Cost I Annual Cost
I. CORRECTIONAL WORK SQUAD OFFICER SALARIES AND POSITION RELATED-EXPENSES
TO BE REIMBURSED BY THE AGENCY:
Officers Salary #Officer: Multiplier 1 $ 54,194.00 ** $ 54,194.00
Salary Incentive Payment $ 1,128.00 $ 1,128.00
Repair and Maintenance $ 121.00 $ 121.00
State Personnel Assessment $ 354.00 $ 354.00
Training/Criminal Justice Standards $ 200.00 $ 200.00
Uniform Purchase $ 400.00 $ 400.00
Uniform Maintenance $ 350.00 $ 350.00
Training/Criminal Justice Standards * N/A
TOTAL -To Be Billed By Contract To Agency $ 56,747.00 $ 56,747.00
*Cost limited to first year of contract as this is not a recurring personnel/position cost.
**Annual cost does not include overtime pay.
IA. The Overtime Hourly Rate of Compensation for this Contract is$31.85, if applicable. (The Overtime Hourly
Rate of Compensation shall include the average hourly rate of pay for a Correctional Officer and the average
benefit package provided by the department, represented as time and one half for purposes of this Contract.)
I Number I I Total I
Squads Annual Cost
II. ADMINISTRATIVE COSTS TO BE REIMBURSED BY THE AGENCY:
Costs include but may not be limited to the following:
Rain coats, staff high visibility safety vest, inmate high visibility
safety vest, fire extinguisher, first aid kit, personal protection kit, flex
cuffs, warning signs, handcuffs, Igloo coolers, portable toilets, insect
repellants, masks, vaccinations, and other administrative expenses. 1 $ 750.00
TOTAL -To Be Billed By Contract To Agency $ 750.00
III. ADDITIONAL AGENCY EXPENSES:
Tools, equipment, materials and supplies not listed in Section II above
are to be provided by the Agency.
CELLULAR PHONE WITH SERVICE REQUIRED: YES I xI NO ❑
ENCLOSED TRAILER REQUIRED: YES ❑ NO n
Addendum A Revised 06-02-03/01-12-04 Page 4 of 6
Revised Addendum A
Inmate Work Squad Detail of Costs for City of Cape Canaveral
Interagency Contract Number W1140, Amendment #3 effective October 1, 2021
Per Unit I I Number I I Total I I Bill To I Provided Already
IV. OPERATING CAPITAL TO BE ADVANCED BY AGENCY: Cost of Units Cost Agency By Agency Exists
Hand Held Radio MACOM $5000.00 $ - U LJ Li
Vehicle Mounted Radio MACOM $5400.00 ❑ $ - ❑ ❑ ❑
TOTAL Operating Capital To Be Advanced By Agency $ -
Total
V. TOTAL COSTS TO BE ADVANCED BY AGENCY: Cost
1. Operating Capital -from Section IV. $0.00
2. Grand Total -To Be Advanced By Agency At Contract Signing: $0.00
VI. TOTAL COSTS TO BE BILLED TO AGENCY BY CONTRACT: I Total I
Cost
1. Correctional Officer Salaries and Position-Related Expenses-from Section I. $56,747.00
2. Other Related Expenses and Security Supplies-from Section II. $750.00
3. Grand Total -To Be Billed To Agency By Contract: $57,497.00
VII. TOTAL OF ALL COSTS ASSOCIATED WITH CONTRACT: I $57,497.00!
(Total of Sections V. and VI.)
VIII. OVERTIME COSTS:
If the contracting Agency requests overtime for the work squad which is approved by the Department,
the contracting Agency agrees to pay such costs and will be billed separately by the Department for the cost of overtime.
Addendum A Revised 06-02-03/01-12-04 Page 5 of 6
Revised Addendum A- INSTRUCTIONS
Inmate Work Squad Detail of Costs for City of Cape Canaveral
Interagency Contract Number W1140, Amendment#3 effective October 1, 2021
Section I. Costs in this section are determined each fiscal year by the Budget and Management Evaluation Bureau and are fixed.
By entering the number of Officers required for this contract, the spreadsheet will automatically calculate the "Total Annual Cost"
column. If this Work Squad is beyond the first year of existence, enter a zero (0) in the "Total Annual Cost"
column for"Training/Criminal Justice Standards"after you have entered the "#Officers Multiplier".
Section II. Safety and environmental health procedures require safety measures such as the use of safety signs, vests, and clothing.
The Department's procedure for Outside Work Squads requires that all Work Squad Officers be responsible for ensuring their squad
is equipped with a first aid kit and a personal protection equipment(PPE) kit. Section II identifies such required
equipment. A new squad must be sufficiently equipped and an on-going squad must be re-supplied when needed.
Type in the number of squads used for this contract and the spreadsheet will automatically calculate the fixed annual expense
of$750.00 per squad and place the total in Section VI.
Section III. Check"Yes"or"No"to indicate whether a Cellular Phone with Service and/or an Enclosed Trailer is required by the Contract Manager.
Section IV. The Department's procedure for Outside Work Squads requires that they have at least one (1) primary means of direct
communication with the Institution's Control Room. Communication via radio and/or cellular phone is appropriate.
It is preferred that a backup, secondary means of communication also be available. It is the Agency's responsibility to provide them.
If the Department purchases a radio(s), the Agency must fund the purchase at the time the Contract is signed. Check the box for the type
of radio and fill in the Per Unit Cost for the type of radio, Number of Units, and Total Cost columns. Leave the Total Cost column blank if
a radio(s) is not being purchased at this time. Check applicable boxes ("Bill to Agency", "Provided by Agency" and "Already Exists")for
each radio.
NOTE: All radio communication equipment owned or purchased by the Agency that is programmed to the Department's radio
frequency and used by the work squad(s), whether purchased by the Department or the Agency, shall be IMMEDIATELY
deprogrammed by the Department at no cost to the Agency upon the end or termination of this Contract.
Section V. The total funds the Agency must provide at the time the contract is signed will be displayed here when the form is properly filled out.
Section VI. The total funds the Agency will owe contractually, and pay in equal quarterly payments, will be displayed here.
Section VII. The total funds associated with the Contract, to be paid by the Agency as indicated in Sections V. and VI., will be displayed here.
Section VIII. Any agreement in this area will be billed separately as charges are incurred.
Addendum A Revised 06-02-03/01-12-04 Page 6 of 6
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • APRIL 20, 2021
AGENDA ITEM SUMMARY • ITEM # 4
Subject: Approve Volunteer Service Partnership Memorandum of Understanding (MOU) with
United States Coast Guard Cutter (USCGC) Confidence and authorize Mayor to execute same.
Department: Cultural + Community Affairs
Summary: The City of Cape Canaveral was approached by the
United States Coast Guard (USCG) Station, based out of Port Canaveral,
in initiating a community service engagement program within the
of their "Coast Guard City" program, a nationwide USCG -driven
The objective of this partnership is to provide a coordinated,
opportunity for crewmembers of the USCGC CONFIDENCE, to assist
City, and provide both parties with an opportunity to demonstrate
As part of the attached MOU, crewmembers will coordinate
shoreline from Cherie Down Park, north to the crossover at Harbor
be manageable for the crew to maintain regularly, even during deployments,
crewmembers remain at the station. Cherie Down Park also offers
the volunteers, such as picnic pavilions, restrooms and ample
receptacles at beach ends or in the small dumpster located at
will provide trash bags, gloves and trash grabbers that will cost
this agreement.
The City and the USCGC CONFIDENCE crew will promote this
engagement opportunities via social media, the City's Weekly Update,
other mutually agreed upon avenues going forward.
Both Staff and representatives for the USCGC CONFIDENCE see
of many strides towards a long and mutually rewarding relationship
This agreement will remain in effect until 31 December 2022,
evaluate, extend or amend the arrangements as needed.
Submitting Department Director: Molly A. Thomas
leadership of the Cape Canaveral
who expressed interested
City of Cape Canaveral, as part
outreach effort.
consistent community service
with projects of interest to the
capacity for partnership.
weekly beach clean-ups along the
Heights. This area of beach will
when only one or two
accommodating amenities for
parking. Trash will be deposited in
Cherie Down Park. In turn, the City
the City less than $200 per year of
partnership and resulting public
the Canaveral Explorer and
this service opportunity as the first
between our agencies.
at which time both parties will
Date: 04/13/21
Attachment: Memorandum of Understanding
Financial Impact: $200/year for supplies (trash grabbers, bags and gloves); Staff time and effort to
prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 04/06/21
The City Manager recommends the City Council take the following actions:
Approve Volunteer Service Partnership MOU with USCGC Confidence personnel and authorize
Mayor to execute same.
Approved by City Manager: Todd Morley Date: 04/12/21
MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN
USCGC CONFIDENCE AND THE CITY OF CAPE CANAVERAL
REGARDING COMMUNITY SERVICE PERFORMED BY USCGC CONFIDENCE
PERSONNEL
1. PARTIES. The parties to this MOU are the USCGC CONFIDENCE and the City of
Cape Canaveral.
2. AUTHORITY. Not applicable; this MOU describes the nature of volunteer activities
performed by USCGC CONFIDENCE crewmembers outside their assigned or authorized
duties as USCG personnel.
3. PURPOSE. The purpose of this MOU is to describe the scope of the volunteer service
partnership through which USCGC CONFIDENCE crewmembers will provide manual
and skilled labor in support of various beautification and maintenance projects in the City
of Cape Canaveral. This partnership is intended to provide a coordinated, consistent
community service opportunity for crewmembers, to provide assistance to projects of
interest to the city, and provide both parties with an opportunity to demonstrate capacity
for partnership.
4. RESPONSIBILITIES:
USCGC CONFIDENCE.
a. Designate a liaison to manage communications and activity scheduling.
b. Provide/coordinate community service opportunities for interested crewmembers.
CITY OF CAPE CANAVERAL.
a. Designate a liaison to manage communications and activity scheduling.
b. Provide supplies and tools in support of projects, as necessary.
5. POINTS OF CONTACT.
USCGC CONFIDENCE.
Public Affairs Officer (PAO)
321.868.4224
CITY OF CAPE CANAVERAL.
Molly Thomas, Cultural + Community Affairs Director
m.thomas@cityofcapecanaveral.org
(321) 868-1220 x220
6. OTHER PROVISIONS. Nothing in this MOU is intended to conflict with current law or
regulation or the directives of the USCG or Department of Homeland Security, or the
City of Cape Canaveral. If a term of this MOU is inconsistent with such authority, then
that term shall be invalid, but the remaining terms and conditions of this MOU shall
remain in full force and effect. Nothing in this MOU is an agreement by either party to
indemnify the other. Each party is responsible and liable for the acts and omissions of
their own respective personnel in performance under the agreement.
7. EFFECTIVE DATE. The terms of this MOU will become effective on April 20, 2021.
8. MODIFICATION. This MOU may be modified upon the mutual written consent of the
parties.
9. TERMINATION. The terms of this MOU, as modified with the consent of both parties,
will remain in effect until 31 December 2022. This agreement may be extended by
mutual written agreement of the parties.
APPROVED BY:
USCGC CONFIDENCE Bob Hoog, Mayor
CITY OF CAPE CANAVERAL
(date) (date)
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • APRIL 20, 2021
AGENDA ITEM SUMMARY • ITEM # 5
Subject: Award Bid for installation of a Supervisory Control and Data Acquisition (SCADA) system
at the Water Reclamation Facility to Chinchor Electric, Inc. of Orange City, Florida in the amount of
$723,211 and authorize 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 the installation of a SCADA system at the Water
Reclamation Facility (WRF). Two bids were received on March 18, 2021 with Chinchor Electric, Inc.
(Chinchor) submitting the low bid of $723,211. Previous engineering estimates indicated a project
cost of between $900,000 and $1,000,000. The project is included in the City's budget for FY20/21
and FY21/22 and is funded by a State Revolving Fund (SRF) Loan.
SCADA Replacement. A Process Evaluation of the WRF conducted in 2019 by the City's consultant,
Tetra Tech, suggested that the existing SCADA system be replaced with a new high-technology
integrator (Southern Flow). The existing WRF SCADA system is obsolete and does not provide
control of certain treatment processes such as chlorine feed, sulfur dioxide feed, etc. The proposed
improvements would allow the operators additional and consistent control of the plant processes
and possibly allow manned plant operation to be reduced at some time in the future if approved
by Florida Department of Environmental Protection (FDEP).
Project Goals. The major goals for completion of this improvement are to further (1) upgrade the
City's WRF with modern and high -efficiency treatment equipment, (2) improve WRF effluent water
quality and (3) provide real-time treatment data. With the completion of recent improvements (i.e.,
oxidation ditch, reclaimed water tank, Carbon-C system, etc.), the City's WRF is nearing the point
that only routine operational maintenance will be required; all major rehabilitation projects at the
WRF are scheduled for completion in 2022.
Bid Process. Staff advertised the Request for Proposals on January 28, 2021 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 a contract
would be awarded pursuant to the requirements of applicable State and Federal laws and
regulations. A mandatory pre -bid meeting was held on February 11, 2021 and all potential bidders
were encouraged to visit the project construction area.
Two contractors submitted sealed bids for the project which were publicly opened at City Hall on
March 18, 2021 (Attachment 1). Upon review of the submitted bids, Staff and the City's consulting
engineer (Stantec, Inc.) recommend the project be awarded to Chinchor with a bid amount of
$723,211. Additionally, a purchase order will be issued shortly to Stantec for construction
management/inspection services. A proposed Construction Agreement with Chinchor is included
as Attachment 2. A letter from the City's consulting engineer recommending Chinchor as the
General Contractor for the project is included as Attachment 3.
Submitting Department Director:
Jeff Ratliff Date: 04/13/21
City of Cape Canaveral
City Council Meeting • April 20, 2021
Agenda Item # 5
Page 2 of 2
Attachments:
#1 — March 18, 2021 Bid Opening Minutes
#2 — Construction Agreement
#3 — Letter of Recommendation
Financial Impact:
$723,211 for installation of a SCADA system at the Water Reclamation Facility to Chinchor funded
by the State Revolving Fund. Staff time and effort to complete this Agenda Item.
Reviewed by Administrative/Financial
Services Director:
Date: 04/13/21
The City Manager recommends the City Council take the following actions:
Award Bid for installation of a SCADA system at the Water Reclamation Facility to Chinchor in the
amount of $723,211 and authorize City Manager to execute Construction Agreement for same.
Approved by City Manager: Todd Morley Date: 04/13/21
Attachment 1
CITY OF CAPE CANAVERAL
Request for Bids
WATER RECLAMATION FACILITY (WRF) SCADA IMPROVEMENTS
BID #2021-01
City of Cape Canaveral City Hall
East Entrance Porte Cochere
100 Polk Avenue
Cape Canaveral, Florida 32920
MINUTES
Thursday
March 18, 2021
2:05 P.M.
CALL TO ORDER: Capital Projects Director Jeff Ratliff called the Meeting to order at 2:05 P.M.
Others present:
Tim Carlisle, Capital Projects Deputy Director
Daniel LeFever, Deputy City Clerk
Charles Patterson, Chinchor Electric, Inc.
Brian Moorhead, Santis Engineering, Inc.
Mr. Ratliff proceeded to open the bids received and announced the results:
BID #2021-01 - WATER RECLAMATION FACILITY (WRF) SCADA IMPROVEMENTS:
Firm Location Bid Amount
Santis Engineering, Inc. Cape Canaveral, FL $984,898.00
Chinchor Electric, Inc. Orange City, FL $723,211.00
Capital Projects Director Ratliff stated the bids would be reviewed and adjourned the meeting at
2:06 P.M.
Daniel LeFever, Deputy City Clerk
Attachment 2
City of Cape Canaveral SCADA System Improvements
CONSTRUCTION AGREEMENT
This Agreement made this day of , 2021 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 SCADA System 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 Stantec, Inc. Bid
#2021-01; 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 SCADA System 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 . Owner direct
purchase (ODP) is in effect for items costing greater than $10,000. 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
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City of Cape Canaveral SCADA System Improvements
time as is reasonably necessary to remedy the default, provided the CONTRACTOR
promptly takes and diligently pursues such actions as are necessary therefore; or
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
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City of Cape Canaveral SCADA System Improvements
Project Manager, by CONTRACTOR as the work progresses and in accordance with the Contract
Documents.
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 5% of the Contract Price throughout the project
in accordance with House Bill HB 101. 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;
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
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City of Cape Canaveral SCADA System Improvements
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.
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.
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City of Cape Canaveral SCADA System Improvements
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.
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.
CONSTRUCTION AGREEMENT
City of Cape Canaveral SCADA System Improvements
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.
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.
CONSTRUCTION AGREEMENT
City of Cape Canaveral SCADA System Improvements
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
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
CONSTRUCTION AGREEMENT
City of Cape Canaveral SCADA System Improvements
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
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
CONSTRUCTION AGREEMENT
City of Cape Canaveral SCADA System Improvements
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
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
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City of Cape Canaveral SCADA System Improvements
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.
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):
CONSTRUCTION AGREEMENT
City of Cape Canaveral SCADA System Improvements
For City: For Contractor:
City of Cape Canaveral
Todd Morley, 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.
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, City Manager
Date
CONSTRUCTION AGREEMENT
Attachment 3
Stantec
Stantec Consulting Services Inc.
800 Fairway Drive Suite 195, Deerfield Beach FL 33441-1828
April 2, 2021
File: 177311307
Attention: Jeffrey A. Ratliff
100 Polk Avenue, PO Box 326
Cape Canaveral, FL 32920
Dear Jeffrey,
Reference: 2021-01 Cape Canaveral SCADA Improvements
Stantec has reviewed the BIDs submitted for the 2021-01 Cape Canaveral SCADA Improvements project
and recommends the BID submitted by Chinchor Electric, Inc.
Regards,
Stantec: Consulting Services Inc.
Bradley Buchanan PE
Electrical Engineer
Phone: 954 481 2812 ext 237
Fax: Fax Number
Brad.Buchanan@stantec.com
Design with community in mind
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • APRIL 20, 2021
AGENDA ITEM SUMMARY • ITEM # 6
Subject: Ordinance No. 12-2021, amending Section 6-51 of the City Code related to open
containers of alcoholic beverages in public places; providing for the repeal of prior inconsistent
ordinances and resolutions, incorporation into the Code, severability and an effective date, second
reading.
Department: Brevard County Sheriff's Office, Canaveral Precinct
Summary: In an effort to improve the quality of life for our citizens, business owners and visitors,
and enhance law enforcement efforts to prevent public disorder, it is recommended to revise the
City's Ordinance related to Open Containers of Alcoholic Beverages in Public Places. This
recommended City Code revision will create consistency between the current Brevard County
Ordinance and the City of Cape Canaveral's Ordinance. Additionally, law enforcement will be
empowered through this revision to better serve the interests of public health, safety and welfare
of our residents, visitors and business community in the City of Cape Canaveral by having the ability
to initiate law enforcement action on violators of this City ordinance.
At its March 16, 2021 Regular Meeting, City Council approved Ordinance No. 12-2021 at first
reading. The Notice of Hearing was placed for advertisement in Florida Today on April 8, 2021 and
the Ordinance is now presented for second reading and final adoption.
Submitting Department Director: Commander Andrew Walters
Attachment:
Ordinance No. 12-2021
Financial Impact:
Cost of advertisement and codification; Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 03/26/21
The City Manager recommends the City Council take the following action:
Adopt Ordinance No. 12-2021 on second reading.
Approved by City Manager: Todd Morley Date: 04/06/21
1 ORDINANCE NO. 12-2021
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, FLORIDA, AMENDING SECTION 6-51 OF THE CITY
5 CODE RELATED TO OPEN CONTAINERS OF ALCOHOLIC BEVERAGES
6 IN PUBLIC PLACES; PROVIDING FOR THE REPEAL OF PRIOR
7 INCONSISTENT ORDINANCES AND RESOLUTIONS,
8 INCORPORATION INTO THE CODE, SEVERABILITY AND AN
9 EFFECTIVE DATE.
10
11 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
12 Constitution, to exercise any power for municipal purposes; and
13
14 WHEREAS, the regulation of open containers of alcoholic beverages in certain public
15 places bears a rational relationship to the goal of preventing public disorder and is a reasonable
16 and valid exercise of the City's police power. See, e.g., State v. Thompson, 536 So. 2d 388 (Fla. 3rd
17 DCA 1989); and
18
19 WHEREAS, upon recommendation of the Sheriff's Office providing law enforcement
20 services within the jurisdictional limits of the City of Cape Canaveral, the City Council desires to
21 update the City's open container law to include additional outside public places where the
22 possession and consumption of alcoholic beverages shall be prohibited; and
23
24 WHEREAS, the City Council recognizes the additional public places identified hereunder
25 are consistent with existing open container regulations adopted by Brevard County; and
26
27 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
28 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of
29 Cape Canaveral.
30
31 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
32 ORDAINS, AS FOLLOWS:
33 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
34 this reference as legislative findings and the intent and purpose of the City Council of the City of
35 Cape Canaveral.
36
37 Section 2. Amending Section 6-51 of the City Code. The City of Cape Canaveral
38 Code of Ordinances, Section 6-51, is hereby amended as set forth below (underlined type
39 indicates additions and strikeout type indicates deletions, while *** indicate deletions from this
City of Cape Canaveral
Ordinance No. 12-2021
Page 1 of 3
1 Ordinance of said applicable Division that shall remain unchanged in the City Code):
2
3 CHAPTER 6 — ALCOHOLIC BEVERAGES
4
5 * * *
6
7 Article III. — POSSESSION AND CONSUMPTION
8
9 Division 1. - Generally
10
11 Sec. 6-51. - Streets, alleys, sidewalks and parking areas.
12 (a) It shall be unlawful for any person to drink, consume or possess an open container of
13 alcoholic beverage, as defined in F.S. § 561.01, including but not limited to beer and wine,
14 on or upon any street, alley, walkway, sidewalk, public dune crossover, or any city public
15 parking area open to the public, or on the premises outside of any building containing
16 an establishment open to the general public, not including any building customarily used
17 for residential purposes.
18 (b) The city manager may waive the prohibitions of this section for any special event,
19 including, but not limited to, community picnics, charitable ball games and other events,
20 provided that nothing in this section shall be deemed to waive any provisions of state
21 law regulating alcoholic beverages.
22 (LI This section shall not prohibit the consumption or possession of any open container of
23 alcoholic beverages outside of any building licensed to serve alcoholic beverages
24 provided that: (1) the outside location of such possession or consumption has been
25 designated in the alcoholic license issued by the state as part of the licensed premises,
26 as defined by F.S. § 561.01; (2) the outside consumption or possession at such location
27 conforms to the requirements of the City Code and applicable law; and (3) such
28 possession or consumption is confined to the location designated in the alcoholic license
29 issued by the state as part of the licensed premises.
30
31 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
32 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
33 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
34
35 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
36 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may
37 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical,
38 and like errors may be corrected and additions, alterations, and omissions, not affecting the
39 construction or meaning of this ordinance and the City Code may be freely made.
City of Cape Canaveral
Ordinance No. 12-2021
Page 2 of 3
1
2 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
3 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
4 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
5 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
6 the validity of the remaining portions of this Ordinance.
7
8 Section 6. Effective Date. This Ordinance shall become effective immediately upon
9 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City
10 Charter.
11
12 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 20`h day of April,
13 2021.
14
15
16 Bob Hoog, Mayor
17
18 ATTEST: For Against
19
20 Mike Brown
21
22 Mia Goforth, CMC Robert Hoog
23 City Clerk
24 Mickie Kellum
25
26 Wes Morrison
27
28 Angela Raymond
29 First Reading: March 16, 2021
30 Advertisement: April 8, 2021
31 Second Reading: April 20, 2021
32
33
34 Approved as to legal form and sufficiency
35 for the City of Cape Canaveral only by:
36
37
38 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 12-2021
Page 3 of 3
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • APRIL 20, 2021
AGENDA ITEM SUMMARY • ITEM # 7
Subject: Ordinance No. 30-2021, amending Section 2-300 of the City Code related to the City's
Travel Reimbursement Policy; providing for the repeal of prior inconsistent ordinances and
resolutions, incorporation in the Code, severability and an effective date, first reading.
Department: Human Resources
Summary: The City has the express authority to establish reasonable per diem and travel
allowances pursuant to Section 166.021(4), Florida Statutes.
The City's per diem and travel allowances have not been updated since 2003. The proposed
Ordinance (Attachment 1) authorizes the City to annually update per diem and travel
reimbursement allowances consistent with the U.S. General Services Administration ("GSA") for
official travel.
Google Maps will be incorporated into the City's travel policy for purposes of establishing a uniform
and widely accepted standard for calculating mileage when mileage is necessary for
reimbursement. The standard mileage rate is set annually by the Internal Revenue Service.
All travelers shall be reimbursed for the actual dollars spent not to exceed the maximum GSA rate
for meals at the destination location.
• Meals for Class B and Class C shall be reimbursed for travel which:
Breakfast - Begins before 6:00 a.m. and extends beyond 8:00 a.m.;
Lunch - Begins before 12:00 noon and extends beyond 2:00 p.m.;
Dinner - Begins before 6:00 p.m. and extends beyond 8:00 p.m. or when travel occurs during
nighttime hours due to special assignment.
• Meals for Class A travel shall be authorized up to a maximum of the GSA rate for the
destination location. A detailed receipt is required for reimbursement. When a traveler
attends an event on the City's behalf and the fixed price of the meal exceeds the per meal
allowance, the traveler shall be reimbursed the actual cost of the meal as authorized by the
City Manager. Receipts shall not be required for meals on authorized overnight travel.
Reimbursement for overnight travel shall be for actual lodging expenses at the single occupancy
rate, to be substantiated by paid receipts, and shall be reimbursed at a maximum of the current
GSA lodging rate for the destination, see attached example (Attachment 2). No sales tax shall be
reimbursable, unless the city is also required by law to pay such tax.
An example of a per diem calculation is included as Attachment 3.
Submitting Department Director:
Melinda Huser Date: 04/13/21
Attachments:
1. Ordinance No. 30-2021
2. GSA Per Diem Rates for Orlando, Florida
3. Example Calculation
City of Cape Canaveral
City Council Meeting • April 20, 2021
Agenda Item # 7
Page 2 of 2
Financial Impact: Cost of advertisement and codification; staff time and effort to prepare this
Agenda Item.
Reviewed by Administrative/Financial
Services Director:
John DeLeo X Date:04/13/21
The City Manager recommends the City Council take the following action:
Approve Ordinance No. 30-2021 on first reading.
Approved by City Manager: Todd Morley Date: 04/13/21
Attachment 1
1 ORDINANCE NO. 30-2021
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, FLORIDA, AMENDING SECTION 2-300 OF THE CITY
5 CODE RELATED TO THE CITY'S TRAVEL REIMBURSEMENT POLICY;
6 PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
7 ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE
8 CODE, SEVERABILITY AND AN EFFECTIVE DATE.
9
10 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
11 Constitution, to exercise any power for municipal purposes; and
12
13 WHEREAS, the City also has the express authority to establish reasonable per diem and
14 travel allowances pursuant to Section 166.021(4), Florida Statutes; and
15
16 WHEREAS, the City Council is aware that the U.S. General Services Administration ("GSA")
17 annually updates per diem and travel reimbursement allowances by destination for official
18 government travel and that said allowances may be used to guide municipal per diem and travel
19 allowances; and
20
21 WHEREAS, upon recent review of the current per diem and travel allowances permitted
22 by GSA, the City Manager has determined several of the City's per diem and travel allowances are
23 outdated and therefore, the City Manager is recommending that the City Council increase several
24 of the City's per diem and travel allowance amounts to equal the maximum amounts allowed by
25 GSA; and
26
27 WHEREAS, the City Council also desires to incorporate Google Maps into the City's travel
28 policy for purposes of establishing a uniform and widely accepted standard for calculating mileage
29 when mileage is necessary for reimbursement; and
30
31 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
32 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of
33 Cape Canaveral.
34
35 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
36 ORDAINS, AS FOLLOWS:
37 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
38 this reference as legislative findings and the intent and purpose of the City Council of the City of
39 Cape Canaveral.
40
41 Section 2. Amending Section 2-300 of the City Code. The City of Cape Canaveral
42 Code of Ordinances, Section 2-300, is hereby amended as set forth below (underlined type
City of Cape Canaveral
Ordinance No. 30-2021
Page 1 of 7
1 indicates additions and strikeout type indicates deletions, while *** indicate deletions from this
2 Ordinance of said applicable Division that shall remain unchanged in the City Code):
3
4 CHAPTER 2 - ADMINISTRATION
5
6 ***
7 ARTICLE VII. TRAVEL REIMBURSEMENT POLICIES AND PROCEDURES
8
9 Sec. 2-300. Reimbursement policy and procedures for official travel.
10 (a) Purpose. It is the intent of this section to regulate official travel expenses of city officers,
11 employees, and other authorized persons, as defined in F.S. § 166.021. It is also the intent of
12 this section that the provisions of F.S. § 112.061, pertaining to municipalities, and any
13 amendments, additions, or modifications to such provisions, shall be incorporated herein by
14 reference, to the extent this section does not address a subject matter that is addressed in
15 F.S. § 112.061, and that the provisions contained in this section shall be supplemental and in
16 addition to the provisions of F.S. § 112.061. In the event of any conflict between this section
17 and F.S. § 112.061, this section, in accordance with F.S. § 166.021, shall prevail.
18 (b) Definitions. For purposes of this article, the following terms shall have the meanings
19 indicated:
20 (1) Officer or public officer. An individual who, in performance of his/her official duties is
21 vested by law with sovereign powers of government, who is elected by the people
22 (mayor and city council).
23 (2) Employee or public employee. The city manager or an individual, whether commissioned
24 or not, other than an officer or authorized person as defined herein, who is filling a
25 regular or full-time authorized position and is responsible to the city manager.
26 (3) Authorized person.
27 (A) A person, other than a public officer or employee, as defined herein, whether
28 elected or commissioned or not, who is authorized by the city manager or city
29 council to incur travel expenses in the performance of his official duties; or
30 (B) A person who is called upon the city to contribute time and services as consultant
31 or adviser.
32 (4) Traveler. A public officer, public employee, or authorized person, when performing
33 authorized travel.
34 (5) Travel expense. The usual, ordinary and incidental expenditures necessarily incurred by
35 a traveler.
36 (6) Common carrier. Train, bus, commercial airline operating scheduled flights, or rental cars
37 of an established rental car firm.
City of Cape Canaveral
Ordinance No. 30-2021
Page 2 of 7
1 gi GSA (General Services Administration). The Federal government agency tasked with
2 managing government buildings and real estate, providing product and service
3 procurement, and developing policies and regulations.
4 (8) GSA Rate or Amount shall mean the most current rate adopted by the GSA and in effect
5 at the time the travel expense is incurred.
6
7 (c) Authority to incur travel expenses.
8 (1) All travel of public employees must be authorized and approved by the department
9 head and city manager. Multiday travel of the city manager or a public officer must be
10 approved by the city council.
11 (2) Day trips may be authorized by the department head without approval of the city
12 manager.
13 (3) The city shall not authorize or approve such a request of a public employee unless it is
14 accompanied by a signed statement listing the purpose of such travel, the dates and
15 expenses involved, and a copy of the travel itinerary attached.
16 (4) Travel expenses of travelers shall be limited to those expenses necessarily incurred by
17 them in the performance of a public purpose authorized by law to be performed by the
18 city and must be within the limitations prescribed by this policy.
19 (d) Computation of travel time for reimbursement. For purposes of reimbursement and methods
20 of calculating fractional days of travel, the following principles are prescribed:
21 (1) Travel categories. The following travel categories are prescribed:
22 Class A. Continuous travel of 24 hours (or more) away from the city.
23 Class B. Continuous travel of less than 24 hours with an overnight absence from the city.
24 Class C. Travel for short or day trips when the traveler is not away from the city overnight.
25 (2) Travel reimbursements. All travelers shall be reimbursed for the actual dollars spent with
26 a maximum of the GSA rate for meals at the destination location. A detailed receipt is
27 required for reimbursement. Reimbursements shall be made according to the following
28 schedule:
29 (A) Meals for class B and class C shall be reimbursed for travel which:
30
31
32
33
(i) Breakfast - Begins before 6:00 a.m. and extends beyond 8:00 a.m., $8.00 for
breakfast; or
(ii) Lunch - Begins before 12:00 noon and extends beyond 2:00 p.m., $10.00 for
lunch; or
City of Cape Canaveral
Ordinance No. 30-2021
Page 3 of 7
1
2
(iii) Dinner - Begins before 6:00 p.m. and extends beyond 8:00 p.m. or when travel
occurs during nighttime hours due to special assignment, $18.00 for dinner.
3 (B) Meals for class A travel shall be authorized up to a maximum of the GSA rate for
4 the destination location. A detailed receipt is required for reimbursement. $36.00
5 per day in lieu of individual meal allowance rates.
6 (C) When a traveler attends an event on the city's behalf and the fixed price of the
7 meal exceeds the per meal allowance, the traveler shall be reimbursed the actual
8 cost of the meal as authorized by the city manager.
9 (D) Receipts shall not be required for meals on authorized overnight travel.
10 (E) No traveler shall be reimbursed for meals gratuitously provided by another party.
11 (F) No traveler shall be reimbursed for meals when travel is confined to the city or
12 immediate vicinity, except as authorized by the city manager.
13 (G) Reimbursement for overnight travel shall be for actual lodging expenses at the
14 single occupancy rate, to be substantiated by paid receipts, and shall be
15 reimbursed at a maximum of the current GSA lodging rate for the destination
16 location.
17 (H) Lodging will be reimbursed for out of county, multiday activities, and shall be
18 reimbursed at a maximum of the current GSA rate for lodging at the destination
19 location.
20 (I) No sales tax shall be reimbursable to any person, unless the city is also required by
21 law to pay such tax.
22 (J) Items specifically disallowed for reimbursement purposes:
23 (i) Alcoholic beverages;
24 (ii) Entertainment;
25 (iii) Any expenses incurred by dependents;
26 (iv) Attendance at political rallies; and
27 (v) Travel for the specific purpose of promoting the candidacy of an individual
28 for public office.
29 (K) Other reimbursable expenses:
30 (i) Toll charges;
31 (ii) Taxi fares;
32 (iii) Parking and storage fees;
City of Cape Canaveral
Ordinance No. 30-2021
Page 4 of 7
1 (iv) Fuel for city vehicle;
2 (v) Common carrier transportation —When required. (Must be approved by the
3 city manager);
4 (vi) Valet parking —When necessary;
5 (vii) Convention registration fees; and
6 (viii) Baggage handling at $0.50 per bag up to $2.00 upon arrival and departure.
7 (e) Transportation.
8 (1) In no circumstance shall the city vehicle be used for purposes other than authorized
9 official travel.
10 (2) All travel must be a usually traveled route. The city manager shall designate the most
11 economical method of travel for each trip.
12 (3) All employees should utilize municipal vehicles when traveling on official business. This
13 requirement insures adequate liability coverage in the event of an accident or injury. In
14 those instances when a city vehicle is not available, and with the prior approval of the
15 department head and the city manager, the use of privately owned vehicles may be
16 authorized. Whenever travel is by privately owned vehicles, calculating the mileage for
17 travel shall be deemed to start from the employee's usual city work building/location
18 (not from the employee's place of residence) to the official travel destination and the
19 traveler shall be entitled to a mileage reimbursement at the "standard mileage rate."
20 The standard mileage rate is set annually by the Internal Revenue Service. All mileage
21 shall be from point of origin to point of destination based on a current Google map
22 submitted with the travel expense report. Mileage will be based on the estimated most
23 direct Google map route.
24 (4) Travel reservation for official travel on a common carrier shall be made through the city's
25 purchasing division, or other group or individual designated by the city manager to
26 coordinate travel reservations. The purchasing division shall insure that travel is cost-
27 effective and pursuant to all procurement procedures adopted by the city.
28 (f) Fraudulent claims. Any individual receiving an allowance or reimbursement by means of a
29 false claim shall be liable for the amount of the overpayment, plus interest at a rate equal to
30 the average rate currently received on investments and may be subject to termination or
31 disciplinary action as provided by the City Charter, personnel policy or any other applicable
32 policy or law adopted by the city council.
33 (g) Standard procedures.
34 (1) Travel voucher. Travel expense reports, on a form prescribed by the city manager, shall
35 be submitted by all individuals performing official travel within ten working days of the
36 individual's return. Each approved travel expense report will be audited when received.
City of Cape Canaveral
Ordinance No. 30-2021
Page 5 of 7
1 Individuals requesting reimbursement are responsible for mathematical computation.
2 Any report which is not approved or properly prepared, or is prepared in such a way as
3 to be unauditable, will be returned for resubmission. Travel authorization and all
4 required receipts must be submitted with the expense report in order to claim a
5 reimbursement.
6 (2) Travel advances.
7 (A) Travel advances for overnight travel must be requested at least two weeks in
8 advance of the departure. An explanation as to the reason for travel, the amount
9 of money and correct account to be charged must be indicated on the request.
10 (B) No travel advances will be made for class C travel. Due to tax implications,
11 reimbursement will be made to the employee in the payroll following submission
12 of approved expense report.
13 (C) Any unused portion of money advanced to a traveler shall be repaid immediately
14 upon the return of the traveler. Any unused advance money not repaid within 15
15 calendar days after return of the traveler shall accrue interest at the average rate
16 currently received on city investments. Any city employee not repaying any unused
17 portion of a travel expense advance within 30 days after his/her return will have
18 his/her salary withheld by the city until repayment is made.
19 (D) In instances where a trip should arise for a member of the city council that does
20 not provide ample notice to the council at a public meeting, then, with a minimum
21 of 24 hours' notice, the traveler shall request the city manager to send a memo to
22 the mayor, each council member, city attorney and city clerk advising them of the
23 trip, departure date, justification and return date. At the first regular city council
24 meeting after return from an official trip, the council member shall make a verbal
25 report to the council on the text of the trip.
26
27 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
28 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
29 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
30
31 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
32 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may
33 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical,
34 and like errors may be corrected and additions, alterations, and omissions, not affecting the
35 construction or meaning of this ordinance and the City Code may be freely made.
36
37 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
38 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
39 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
40 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
City of Cape Canaveral
Ordinance No. 30-2021
Page 6 of 7
1 the validity of the remaining portions of this Ordinance.
2
3 Section 6. Effective Date. This Ordinance shall become effective immediately upon
4 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City
5 Charter.
6
7 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day
8 of , 2021.
9
10
11
12 Bob Hoog, Mayor
13
14 ATTEST: For Against
15
16 Mike Brown
17
18 Mia Goforth, CMC Robert Hoog
19 City Clerk
20 Mickie Kellum
21
22 Wes Morrison
23
24 Angela Raymond
25
26
27 First Reading: April 20, 2021
28 Advertisement:
29 Second Reading:
30
31
32
33 Approved as to legal form and sufficiency
34 for the City of Cape Canaveral only by:
35
36
37 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 30-2021
Page 7 of 7
Attachment 2
I An official website of the United States government
GSA U.S. General Services Administration
FY 2021 Per Diem Rates for Orlando,
Florida
I'm interested in:
Lodging by month (excluding taxes) I October 2020 -
September 2021
Cities not appearing below may be located within a county for which rates are listed.To determine
what county a city is located in,visit the
National Association of Counties(NACO)website(a non-federal website).
Primary 2020 2021
County 6 Nov Dec Feb Mar Apr May Jun Jul Aug Sep
Destination 0 Oct Jan
Orlando Orange $129 $129 $129 $153 $153 $153 $129 $129 $129 $129 $129 $129
Meals & Incidentals (M&IE) Breakdown®
Use this table to find the following information for federal employee travel:
M&IE Total-the full daily amount received for a single calendar day of travel when that day is neither
the first nor last day of travel.
Breakfast,lunch,dinner,incidentals-Separate amounts for meals and incidentals. M&IE Total=
Breakfast+Lunch+Dinner+Incidentals.Sometimes meal amounts must be deducted from trip
voucher.See More Information
First&last day of travel-amount received on the first and last day of travel and equals 75%of total
M&IE.
Primary Continental Incidental First&Last
County0 M&IETotal Lunch Dinner
Destination 0 Breakfast/Breakfast Expenses Day of Travel 0
Orlando Orange $66 $16 $17 $28 $5 $49.50
I'm interested in:
Last Reviewed:2020-01-10
Attachment 3
Example Calculation
Class A Travel (Continuous travel of 24 hours (or more) away from the City)
This scenario is based off the Per Diem Rates For Orlando, Florida
https://www.gsa.gov/travel/plan-book/per-diem-rates
Scenario: 3 Day Conference (Wednesday thru Friday in the month of March)
Arrive Wednesday morning @ 10:00 a.m. for check in
Depart Friday Evening @ 7:00 p.m.
2 nights stay
No meals included
Costs: Description Rate Total Cost
2 Nights @ Hotel $153.00 $306.00
First day of Travel Meals $49.50 $49.50
Thursday M&IE $66.00 $66.00
Last Day of Travel Meals $49.50 $49.50
Total Reimbursement $471.00
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • APRIL 20, 2021
AGENDA ITEM SUMMARY • ITEM # 8
Subject: Ordinance No. 31-2021; amending Chapter 62 — Solid Waste, regulating the collection
and disposal of solid waste and construction and demolition debris within the jurisdictional limits
of the City of Cape Canaveral; providing for the repeal of prior inconsistent ordinances and
resolutions, incorporation into the Code, severability and an effective date, first reading.
Department: Community and Economic Development
Summary: On October 21, 2014, the City entered into an exclusive Solid Waste Franchise
Agreement (Agreement) with Waste Pro for solid waste collection and disposal within the
jurisdictional limits of Cape Canaveral. The Agreement provides that all property owners must utilize
the solid waste services provided by the City, to include dumpster service.
A City may require that it's solid waste contractor be the sole and exclusive provider of all garbage
collection services within its jurisdiction. Additionally, the intrusion of any person or entity into the
field of solid waste collection and disposal represents a substantial threat to the public health,
safety, and welfare of City residents and property owners and is in violation of the Agreement.
Periodically, Staff is aware of the use of non -authorized dumpsters within the City, particularly in
conjunction with construction and demolition debris. This has presented a challenge for Code
Enforcement Staff as the current definition of solid waste is limited to bulk trash, refuse, vegetative
waste and recyclable materials or any combination thereof.
Therefore, the City Attorney has prepared Ordinance No. 31-2021 (Attachment 2) to, among other
things, amend the term "solid waste," to include a definition of "construction and demolition
debris." Furthermore, the Ordinance strengthens the City's ability to enforce the exclusive authority
to Waste Pro for solid waste, construction and demolition debris collection, and dumpster service
transport and disposal within City limits. However, construction contractors using their own
dumpsters remains authorized.
Submitting Department Director: David Dickey Date: 04/13/21
Attachment:
Ordinance No. 31-2021
Financial Impact
Cost of advertisement and codification; Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 04/13/21
The City Manager recommends the City Council take the following action:
Approve Ordinance No. 31-2021 on first reading.
Approved by City Manager: Todd Morley Date: 04/13/21
1 ORDINANCE NO. 31-2021
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, FLORIDA; AMENDING CHAPTER 62-SOLID WASTE,
5 REGULATING THE COLLECTION AND DISPOSAL OF SOLID WASTE
6 AND CONSTRUCTION AND DEMOLITION DEBRIS WITHIN THE
7 JURISDICTIONAL LIMITS OF THE CITY OF CAPE CANAVERAL;
8 PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
9 ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE
10 CODE, SEVERABILITY AND AN EFFECTIVE DATE.
11
12 WHEREAS, this Ordinance is adopted pursuant to the powers and authority granted to
13 municipalities by the Florida Legislature under Chapters 166, 180, and 403, Florida Statutes, which
14 powers and authority have been traditionally recognized by the courts; and
15
16 WHEREAS, solid waste collection and disposal is a traditional municipal function under
17 Florida law, Bennett Electric Co. v. Village of Miami Shores, 11 F. Supp. 2d 1348 (S.D. Fla. 1998),
18 and a city may require that it be the sole and exclusive provider of garbage service within its
19 jurisdiction. United Sanitation Services of Hillsborough, Inc. v. City of Tampa, 302 So. 2d 435 (Fla.
20 2d DCA 1974); and
21
22 WHEREAS, the City Council desires to emphasize that the City has the exclusive right to
23 regulate solid waste collection and disposal within the jurisdictional limits of the City in accordance
24 with law; and
25
26 WHEREAS, Chapter 62 of the Cape Canaveral Code, and the existing exclusive Solid Waste
27 Franchise Agreement approved in furtherance therewith by and between the City and Waste Pro
28 of Florida, Inc., dated October 21, 2014, as renewed in 2019, provides that all property owners
29 shall be required to utilize the solid waste services provided by the City in accordance with any
30 the franchise and in accordance with other applicable law; and
31
32 WHEREAS, the City Council finds that the intrusion of any person, private or governmental
33 entity or organization into the field of solid waste collection and disposal in violation of the City
34 Code or any applicable City's franchise ordinance is a substantial threat to the public health, safety
35 and welfare of the City and its residents and property owners and the legitimate governmental
36 interest of the City to exclusively provide for the efficient and proper methods of collecting and
37 disposing of solid waste within the jurisdictional boundaries of the City of Cape Canaveral. See
38 Pahokee Housing Authority, Inc. v. South Florida Sanitation Company, 478 So. 2d 1107 (Fla. 4th
39 DCA 1985) (rejecting housing authority's claim that state law exempted housing authority from
40 county's exclusive solid waste franchise); United Sanitation Services of Hillsborough, Inc. v. City of
41 Tampa, 302 So. 2d 435 (Fla. 2d DCA 1974) (garbage enterprise may not only be regulated but also
42 exclusively performed as an essential part of a public service by a municipality even if the exclusive
43 collection of garbage results in the complete preclusion of other such collections); West Coast
City of Cape Canaveral
Ordinance No. 31-2021
Page 1 of 7
1 Disposal Service, Inc. v. Smith, 143 So. 2d 352 (Fla. 2d DCA 1962); and
2
3 WHEREAS, the City Council declares that it is the City's intention to continue to exercise
4 its authority to regulate the collection and disposal of solid waste within the City and to honor
5 any franchise ordinance and agreement which is awarded by the City; and
6
7 WHEREAS, the City Council desires to amend Chapter 62 of the City Code to strengthen
8 compliance with such intention; and
9
10 WHEREAS, the City Council also desires throughout Chapter 62 to clarify the use of the
11 terms "solid waste" and "construction and demolition debris" given their respective definitions
12 and different meanings, and the term "solid waste" only includes bulk trash, refuse, vegetative
13 waste and recyclable materials or any combination thereof; and
14
15 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
16 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of
17 Cape Canaveral.
18
19 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
20 ORDAINS, AS FOLLOWS:
21 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
22 this reference as legislative findings and the intent and purpose of the City Council of the City of
23 Cape Canaveral.
24
25 Section 2. Amending Chapter 62 of the City Code. The City of Cape Canaveral
26 Code of Ordinances, Chapter 62, is hereby amended as set forth below (underlined type indicates
27 additions and strikeout type indicates deletions, while *** indicate deletions from this Ordinance
28 of said applicable Division that shall remain unchanged in the City Code):
29
30
31 CHAPTER 62 — SOLID WASTE
32
33 Sec. 62-1. - Definitions.
34
35 The following words, terms and phrases, when used in this chapter, shall have the
36 meanings ascribed to them in this section, except where the context clearly indicates a different
37 meaning:
38
39 Approved container means mechanical, roll -off refuse, recycling and such other rccycling
40 containers provided by the collector and acceptable to the city.
41
42 ***
City of Cape Canaveral
Ordinance No. 31-2021
Page 2 of 7
1 Collector means any person or entity authorized by license or franchise granted by the city
2 to collect and remove solid waste, construction and demolition debris or such other waste
3 regulated by the City.
4
5 Sec. 62-2. Procedures for • olations Reserved.
6
7 Violations of this chapter may be enforced by the code enforcement citation system
8 pursuant to Chapter 2, Article VI, Division 3 of this Code.
9
10 Sec. 62-3. Authority of city to collect.
11
12 Unless preempted by law, n-N-othing contained in this chapter shall be construed to prevent
13 the city from creating or acting as its own solid waste, construction and demolition debris or other
14 waste collection or disposal service or facility, either independently, exclusively or in conjunction
15 with others.
16
17 ***
18 Sec. 62-5. Schedule of fees.
19
20 (a) Owners of any residential unit or commercial building within the city receiving
21 collection and disposal services regulated by this chapter shall be required to pay solid waste
22 applicable fees as established by the city council pursuant to this chapter. The schedule of fees is
23 contained in appendix B to this Code and is subject to revision from time to time as may be
24 necessary.
25
26 (b) Failure of users to pay fees within 30 days of the billing date shall be a violation of
27 this chapter. In addition, the city shall have the right to seek enforcement and collection of the
28 overdue fee through civil proceedings in a court of competent jurisdiction, including a reasonable
29 attorney's fee and costs, if such civil action is necessary.
30
31 (c) All fees becoming due and payable on or after the effective date of the ordinance
32 from which this chapter is derived shall constitute and are imposed as a special assessment lien
33 against the real property served by the city solid waste collection service, and until fully paid and
34 discharged shall remain liens equal in dignity with the city's ad valorem taxes, and superior in rank
35 and dignity to all liens, encumbrances, titles and claims in, to or against the real property involved.
36 Such fees shall become delinquent if not fully paid within 30 days after the due date. All delinquent
37 service charges shall bear a late charge of ten percent of such fees due. Unpaid delinquent service
38 charges, together with all late charges and fees imposed thereon, shall remain and constitute
39 special assessment liens against the real property involved.
40
41 (d) Each condominium association within the city will be responsible for the monthly
42 condominium solid waste fee provided for in this chapter.
43
City of Cape Canaveral
Ordinance No. 31-2021
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1 Sec. 62-6. Complaint procedure.
2
3 The collector of solid waste, construction and demolition debris or such other waste
4 covered by this chapter is obligated to promptly respond to all complaints concerning the quality
5 or absence of collection service. All complaints with regard to refuse and trash collection service
6 directed by this chapter shall be made to the city, and subsequently directed to the collector by
7 the city manager or the city manager's designee.
8
9 Sec. 62-7. Transporting.
10
11 (a) All solid waste, construction and demolition debris or such other waste accumulated
12 on real property within the City shall be collected, conveyed and disposed of by the City or its
13 designated agents, licensees, or franchisees pursuant to the terms and conditions adopted by the
14 City for the collection, conveyance and disposal of solid waste, construction and demolition debris
15 or such other waste in accordance with law.
16
17 (b) It shall be unlawful for any person or entity to provide solid waste, construction and
18 demolition or such other waste collection and disposal services to real property located within the
19 jurisdictional limits of the City without having first obtained a franchise or license from the City
20 unless preempted by law. The City shall have the right to impose a franchise or license fee for the
21 use of City rights -of -way, roads, streets, and other public ways.
22
23 (c) It shall be unlawful for any person or entity to provide solid waste, construction and
24 demolition debris or such other waste collection and disposal services to real property within the
25 jurisdictional limits of the City in violation of any applicable solid waste franchise or license granted
26 by the City.
27
28 (d) Unless a person shall have been specifically authorized and licensed by resolution of
29 the city council to do so, it shall be unlawful for any person to transport solid waste through or
30 over the public streets or alleys of the city, except as otherwise provided in section 62 11(d). This
31 provision section shall be liberally construed to protect the public health, safety and general
32 welfare of the inhabitants of the city.
33
34 Sec. 62-8. Containers required.
35
36 (a) All owners, residents and all occupants of any residential unit and the owner, user,
37 manager or occupants of any multiple -dwelling unit, or of any place or business or commercial
38 establishment with[in] the city are required to provide at least one container to hold four days'
39 accumulation of solid waste. Sunken containers are specifically prohibited.
40
41 (b) A mechanical container or containers may be used as provided in this chapter. Such
42 container shall be provided by the collector and the city manager shall first determine whether or
43 not a mechanical container shall be provided to any owner, user, manager or occupant so
City of Cape Canaveral
Ordinance No. 31-2021
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1 requesting a mechanical container. Multiple -dwelling units containing less than ten units may be
2 provided a mechanical container at the discretion of the city manager. All commercial
3 establishments (establishments other than professional offices or other offices) shall be required
4 to have mechanical containers at the discretion of the city manager. Properties receiving
5 residential services shall not be permitted to use mechanical containers.
6
7 (c) It shall be the duty of the owner, manager, tenant or occupant of any multiple-
8 dwelling unit to furnish or see that each unit with cooking facilities of said multiple dwelling is
9 furnished or supplied with an individual refuse container or containers or mechanical container or
10 containers adequate and sufficient in size to comply with the terms of this chapter. All such solid
11 waste containers shall be kept tightly covered at all times except when it is necessary to lift the
12 cover for disposal or removal of solid waste or to deposit solid waste therein. It shall be unlawful
13 for any person to deposit solid waste in such amount in the individual refuse containers or
14 mechanical containers that will not permit the cover thereof to be kept tightly in place.
15
16 (d) Construction and demolition debris shall be collected and disposed of using roll-
17 off containers or such other containers approved by the City. Construction and demolition debris
18 services shall be provided by collectors who have been granted a license or franchise by the City.
19
20 ***
21
22 Sec. 62-11. Unlawful acts.
23
24 (a) Obstruction. It shall be unlawful for any person to park a motor vehicle in such a
25 way that the collector cannot service mechanical or roll -off containers or otherwise to block access
26 to such containers.
27
28 (b) Container of another. It shall be unlawful for a person to place solid waste,
29 construction and demolition debris or any other waste in a container assigned to another address,
30 without written permission of the owner.
31
32 (c) Burning or burying of solid waste. It shall be unlawful for any person to bury solid
33 waste, construction and demolition debris or any other waste within the city. No such solid waste
34 shall be burned within the corporate limits of the city.
35
36 (d) Unlawful accumulation. It shall be unlawful for the owner, resident, occupant or
37 manager or person responsible for any land or premises to permit, suffer or allow, either by
38 commission or omission, any accumulation of solid waste upon premises or property within the
39 city for a period longer than four days without having arranged for disposal of the accumulation
40 by the collector to perform such services and it shall be unlawful and a violation of this chapter
41 for any person, whether owner, resident, manager or occupant of any premises to fail to provide
42 a sufficient number of solid waste containers per unit as provided in this chapter to amply provide
43 for any four -day period of solid waste accumulation. Nothing contained in this section shall
City of Cape Canaveral
Ordinance No. 31-2021
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1 prevent the owner or occupant, resident, manager or person responsible for the premises to
2 remove accumulations of solid waste on their own behalf, to a proper place of disposal.
3
4 (e) Unlawful disposal. It shall be unlawful to dump, deposit or dispose of solid waste,
5 construction and demolition debris or any other waste upon the premises of another, or upon any
6 street, alley, parkway or other public property, or any canal, ditch, water, waterway, river, ocean,
7 beach, pool, pond or the like within the city or in the container of another, except that tenants of
8 multiple dwellings or businesses, where authorized, may deposit such accumulations in containers
9 which the owner or manager of the multiple dwelling or business building has authorized for the
10 use of the tenants thereof.
11
12 (f) Hazardous waste. It shall be unlawful for any person to dump, deposit or dispose
13 of any hazardous waste in or around public/private refuse or mechanical containers from which
14 the collector removes solid wastes for the city.
15
16 (g) Construction and demolition debris. The contractor and owner of any active or
17 inactive construction project shall be responsible for the clean-up and removal of
18 all construction and demolition debris or any other miscellaneous discarded articles during the
19 entire duration of the construction project and prior to receiving final inspection
20 approval. Construction and demolition debris must be collected and stored in roll -off or other
21 City approved containers and such containers must be regularly serviced by the collector when
22 the container is full in order to avoid overflow of construction and demolition debris.
23
24 ***
25 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
26 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
27 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
28
29 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
30 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may
31 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical,
32 and like errors may be corrected and additions, alterations, and omissions, not affecting the
33 construction or meaning of this ordinance and the City Code may be freely made.
34
35 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
36 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
37 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
38 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
39 the validity of the remaining portions of this Ordinance.
40
41 Section 6. Effective Date. This Ordinance shall become effective immediately upon
42 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City
43 Charter.
City of Cape Canaveral
Ordinance No. 31-2021
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1 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day
2 of , 2021.
3
4
5
6
7 Bob Hoog, Mayor
8
9 ATTEST: For Against
10
11 Mike Brown
12
13 Mia Goforth, CMC Robert Hoog
14 City Clerk
15 Mickie Kellum
16
17 Wes Morrison
18
19 Angela Raymond
20
21
22 First Reading: April 20, 2021
23 Advertisement:
24 Second Reading:
25
26
27
28 Approved as to legal form and sufficiency
29 for the City of Cape Canaveral only by:
30
31
32 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 31-2021
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