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HomeMy WebLinkAboutcocc_council_mtg_packet_20211221CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA December 21, 2021 6:00 P.M. For those that cannot attend the Meeting and wish to submit a public comment: Email your comment to CityClerk@CityofCapeCanaveral.org by noon the day of the Meeting. To stream the Meeting at home: Please visit www.cityofcapecanaveral.org/city_meetings 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. - 6:20 p.m. Interview Applicants for appointment to the Culture and Leisure Services Board. (Mike Truitt and Angela Trulock) CONSENT AGENDA 1 6:20 p.m. - 6:25 p.m. 1. Approve Minutes for November 16, 2021 Regular City Council Meeting. 2. Resolution No. 2021-22; appointing Members to the Culture and Leisure Services Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Mike Truitt and Angela Trulock) 3. Approve the First Addendum to the Piggyback Agreement for Professional Building Department Services with Joe Payne, Inc., and authorize the Mayor to execute same. PUBLIC HEARING 1 6:25 p.m. - 6:35 p.m. 4. Ordinance No. 43-2021; amending Chapter 74 of the City Code regarding parking regulations on City owned or leased property; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, second reading. ITEMS FOR ACTION 1 6:35 p.m. - 6:45 p.m. 5. Approve the City Manager Performance Evaluation Form. 6. Reappoint City Planner Brenda Defoe-Surprenant as the City's Representative on the Space Coast Transportation Planning Organization (SCTPO) Technical Advisory Committee and City resident Arlyn DeBlauw as the North Beaches Coalition Delegate on the SCTPO Citizens' Advisory Committee. City of Cape Canaveral, Florida City Council Regular Meeting • December 21, 2021 Agenda Page 2 of 2 ITEMS FOR DISCUSSION 1 6:45 p.m. - 7:55 p.m. 7. Golf cart ordinance in Cape Canaveral (Submitted by Mayor Pro Tem Kellum) 8. Dogs on the Beach (Submitted by Council Member Raymond) 9. Time Management at Council Meetings (Submitted by Council Member Raymond) 10. Discussion on limiting the City Council's ability to incur debt to fund projects that are not defined as "critical infrastructure" as well as setting minimum standards to require a minimum amount of community workshops prior to funding a project. (Submitted by Mayor Morrison) 11. Discussion on placing the Year to Date Monthly financial report in the Regular City Council Meeting Agenda each month with no action needed by Council. Any transfers made in the previous month would be provided. (Submitted by Mayor Morrison) 12. Review a Provision in the Solid Waste Agreement and recently adopted Ordinance for Dumpster Rentals within the City Limits. (Submitted by Mayor Morrison) 13. Compensation for the City's elected officials. INFORMATIONAL 1 7:55 p.m. - 8:00 p.m. Item is presented for informational purposes only and no action will be taken. 14. ProChamps Update REPORTS 1 8:00 p.m. - 8:10 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 CITY COUNCIL MEETING • DECEMBER 21, 2021 AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS Subject: Interview Applicants for appointment to the Culture and Leisure Services Board. (Mike Truitt and Angela Trulock) Department: Leisure Services, Cultural + Community Affairs Summary: The Culture and Leisure Services Board (CLSB) is an advisory board to the City Council and consists of seven members. Currently, there are three vacancies. There are currently no alternate or ex-officio members. Ms. Trulock and Mr. Truitt are residents of Cape Canaveral and both meet minimum qualification requirements for CLSB membership (Attachments #1 and #2). It is proposed that Ms. Trulock and Mr. Truitt be appointed to fill two of the current vacancies. Should the Council approve these appointments, one vacancy will remain. Per City Code of Ordinances Sec. 2-171(c)(5), any person nominated, elected or appointed to serve on a board or committee of the City shall complete interviews with the Board or Committee on which the person is seeking appointment and with the City Council. Based on the Applicants' interest and positive recommendation from the CLSB at its September 30, 2021 meeting (Attachment #3), it is recommended Council interview Ms. Trulock and Mr. Truitt. Submitting Department Director: Molly Thomas Date: 12/9/21 Attachments: 1. Board Application: Mike Truitt 2. Board Application: Angela Trulock 3. CLSB Recommendation Memo Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 12/9/21 The City Manager recommends the City Council take the following action: Interview Applicants. Approved by City Manager: Todd Morley Date: 12/9/21 Attachment 1 City of Cape Canaveral 100 Polk Avenue Cape Canaveral FL 32920-0326 Phone (321) 868-1220 — Fax (321) 868-1248 APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: GENERAL Applicant Name: Mike Truitt Home Address: 221 Jefferson Ave Phone Number: 321-347-9990 Occupation: Self Employed Business Phone: Business Address: Email: Arcotrans@icloud. com ELEGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? ® Yes 0 No 2.. Have you been a resident of the City of Cape Canaveral for 12 months or longer? X Yes 0 No 3. Are you a Business owner? 0 Yes X No a. If yes, please list the name: 4. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. ❑ Yes X No a. If yes, have your civil rights been restored? 0 Yes ® No 5. Do you presently serve on any other City of Cape Canaveral advisory board or committee? X Yes ❑No a. If yes, please list each: Leisure Services Umpire 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily consent to having a standard background check performed on you by the City of Cape Canaveral? X Yes 0 No Initials: MT 7. Are you related to a City of Cape Canaveral Council member by blood,adoption, or marriage? ❑ Yes II No a. If yes, please provide name(s) of person(s) and relationship to you: City of Cape Canaveral Advisory Board Application Pg. 1 INTEREST/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: Having a voice in decision making, and serving the community. 2. In numerical sequence (1=most interested), please rank the advisory boards on which you wish to serve: a. 4 b. 5 c. 2 d. 1 e. 6 f. 3 Board of Adjustment* Business and Economic Development Board Community Appearance Board Culture and Leisure Services Board Library Board Planning and Zoning Board* Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. Briefly state any prior experiences in serving on any governmental board or committee: 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you formembership on the desired board or committee. LT Officer Firefighter, ex Fire Pervention Officer, ex EMT, ex CPR insructor, ex High Angle Resuce Certification STATE REPORTING REQUIREMENTS Section 760.80, Horida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Race: 0 African American Gender: E Male ❑ Asian American ❑ Female ❑ Hispanic American 0 Other O Caucasian ❑ Other Disability: .❑ Physically Disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. City of Cape Canaveral Advisory Board Application Pg. 2 PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for three years from date of submission. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1220 ext. 206 or 207. Signature: Please return to: City of Cape Canaveral Office of the City Clerk P.O. Box 326 Cape Canaveral Florida 32920 Date: 07-09-2021 OFFICE USE ONLY RECEIVED AUG 09 2021 By: cco DL 2:30p Enter Date & Time Received City of Cape Canaveral Advisory Board Application Pg. 3 City of Cape Canaveral 100 Polk Avenue Cape Canaveral FL 32920-0326 Phone (321) 868-1220 - Fax (321) 868-1248 Attachment 2 RECEIVED MAY 10 2021 By: (?) APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: GENERAL Applicant Name: Angela Trulock Home Address:300 Columbia Dr. #1508, Cape Canaveral, FL 32920 Phone Number. 321-613-3527 Occupation: Retired Business Phone: N/A Business Address: Email: atrulock@cfl.rr.com ELEGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? X Yes 0 No 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? X Yes 0 No 3. Are you a Business owner? Yes X-No a. If yes, please list the name: 4. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. ❑ Yes X-No a. if yes, have your civil rights been restored? 0 Yes ❑ No 5. Do you presently serve on any other City of Cape Canaveral advisory board or committee? ❑ Yes X-No a. If yes, please list each: 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily sent to having a standard background check performed on you by the City of Cape Canaveral? X-Yes 0 No Initials: 7. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? ❑ Yes X-No a. If yes, please provide name(s) of person(s) and relationship to you: City of Cape Canaveral Advisory Board Application Pg. 1 INTEREST/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: To be an active participant in the growth and improvements in Cape Canaveral 2. In numerical sequence (1=most interested), please rank the advisory boards on which you wish to serve: a. 5 Board of Adjustment* b. 4 Business and Economic Development Board c. 1 Community Appearance Board d. 3 Culture and Leisure Services Board e. 2 Library Board f. 6 Planning and Zoning Board* * Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. Briefly state any prior experiences in serving on any governmental board or committee: no prior experience 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee. STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Race: 0 African American Gender. ❑ Male X-Female Other Asian American ❑ Hispanic American X- Caucasian ❑ Other Disability: 0 Physically Disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE. AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT 1S YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. City of Cape Canaveral Advisory Board Application Pg. 2 PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for three years from date of submission. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1220 ext. 206 or 207. Signature: Angela Trulock Date: 05/10/21 Please return to: City of Cape Canaveral Office of the City Clerk P.O. Box 326 Cape Canaveral Florida 32920 OFFICE USE ONLY RECEIVED MAY 10 2021 By: CCO DL Enter Date & Time Received City of Cape Canaveral Advisory Board Application Pg. 3 Attachment 3 Memo Cultural + Community Affairs TO: City Council VIA: Todd Morley, City Manager FROM: Molly Thomas, Cultural + Community Affairs Director DATE: December 8, 2021 RE: Recommendation to the City Council — Culture + Leisure Services Board At its September 30, 2021 Culture and Leisure Services Board Meeting, the Board interviewed Mike Truitt and Angela Trulock to fill two vacancies on the Board. Based on both applicants' interviews and willingness to be engaged participants in the City of Cape Canaveral, the Board unanimously recommended these applicants to fill two of the vacancies on the Board. Please let me know if you have any questions. Thank you. ITEM # 1 DRAFT CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Tuesday November 16, 2021 6:00 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 p.m. Council Member Brown led the Pledge of Allegiance. ROLL CALL - OUTGOING COUNCIL: Council Members Present: Council Member Mayor Council Member Council Member Mayor Pro Tem Mike Brown Bob Hoog Mickie Kellum Wes Morrison Angela Raymond Others Present: City Manager City Attorney City Clerk Administrative/Financial Services Director Capital Projects Director Community and Economic Development Director Cultural and Community Affairs Director Human Resources/Risk Management Director Leisure Services Director Public Works Services Director Deputy City Clerk Dep. Community and Economic Dev. Director/Sustain. Mgr. Senior Planner Executive Assistant to the City Manager/Office Manager Brevard County Sheriff's Office Commander Brevard County Sheriff's Office Lieutenant Todd Morley Anthony Garganese Mia Goforth John DeLeo Jeff Ratliff David Dickey Molly Thomas Melinda Huser Gustavo Vergara James Moore Daniel LeFever Zachary Eichholz Brenda Surprenant Lisa Day Byron Keck Scott Molyneaux COUNCIL MEMBERS OATH OF OFFICE: City Attorney Garganese administered the Oath of Office to Kim Davis and Don Willis. Each took their places on the dais, made statements and gave thanks. MAYORAL OATH OF OFFICE: Reverend Royce M. Morrison, Jr. administered the Oath of Office to Wes Morrison. Mayor Morrison took his place on the dais, made a statement and gave thanks. ROLL CALL — NEW COUNCIL: Council Member Council Member Mayor Council Member Council Member Kim Davis Mickie Kellum Wes Morrison Angela Raymond Don Willis City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • November 16, 2021 Minutes • Page 2 of 6 PRESENTATION TO OUTGOING COUNCIL MEMBER MIKE BROWN: Mayor Morrison presented a Crystal Globe as a token of appreciation honoring Mr. Brown's service to the City. Mr. Brown thanked the Mayor, Council, Staff and the community. PRESENTATION TO OUTGOING MAYOR ROBERT E. HOOG: Mayor Morrison presented the City Meeting Gavel Plaque and City Service Coins as tokens of appreciation honoring Mr. Hoog's service to the City. Mr. Hoog thanked the Mayor, Council Members, Staff and the community. SELECTION OF MAYOR PRO TEM: Discussion ensued and included whether or not Council desired to use the proposed nomination method and individuals' expressed willingness to serve as Mayor Pro Tem. Council reached consensus to use the proposed nomination method for selecting a Mayor Pro Tem. City Attorney Garganese explained the process, collected ballots for two rounds of nominations and announced majority results in favor of Council Member Kellum. A motion was made by Council Member Willis, seconded by Council Member Kellum, to appoint Council Member Kellum as Mayor Pro Tem. The motion carried 5-0. PUBLIC PARTICIPATION: Kay Jackson, resident and business owner, discussed concerns including the City's online vacation rental registration process, the City's third -party contractor ProChamps., the 7-day rental requirement, zoning in residential areas and fees. Mayor Pro Tem Kellum discussed similar feedback received from the community regarding concerns for which she requested an add -on Agenda Item. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to add a Discussion Item regarding short-term rentals after Agenda Item 11. The motion carried 5-0. Mayor Morrison recessed the meeting at 6:44 p.m. The meeting reconvened at 7:00 p.m. CONSENT AGENDA: Mayor Morrison asked if there were any Items that need to be removed. Mayor Pro Tem Kellum removed Item 2. 1. Approve Minutes for October 19, 2021 Regular City Council Meeting. 2. Approve an Interlocal Agreement between the City Council and the Cape Canaveral Community Redevelopment Agency (CRA); recognizing a Joint Public Partnership between the City and the CRA related to the pending purchase and redevelopment activities associated with the Cape Canaveral Civic Hub (formerly known as "The Promenade"). 3. Approve the proposed 2022 City Council Regular and Budget Meeting Schedule. 4. Approve Purchase and Installation of Water Reclamation Facility Lightning Protection System Upgrade by EMP Solutions, Inc. of Fishers, IN in the amount of $27,100. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Davis, to approve Consent Agenda Items 1, 3 and 4. The motion carried 5-0. #2 Discussion ensued and included desire to table the Item until the next Regular City Council Meeting on December 21, 2021 or schedule it for a Special City Council Meeting sooner, providing the new Council Members time to study the Item, desire to receive public input prior to moving forward and support for moving forward with the Item. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to table the Item to the December Regular City Council Meeting or a Special Meeting prior to that. Discussion ensued and included confidence in how the previous Council and CRA Board Members approved the Civic Hub Project, favor for moving forward with the Project, concern over first payment due in February, avoiding penalties and desire for Staff input on scheduling a meeting. City Manager Morley confirmed there would City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • November 16, 2021 Minutes • Page 3 of 6 be no problem in adding the Item to a December meeting and pointed out Discussion Item 10 is pertinent to the subject. The motion carried 3-2, with Council Members Davis and Raymond voting against. PUBLIC HEARINGS: 5. a. Ordinance No. 25-2021; adopting a property owner initiated small scale Future Land Use Map amendment by changing the Future Land Use Map designation of a parcel of property described as tax parcel ID: 24-37-23-CG-13-4 and legally described as the East 1/2 of Lot 4 and Lots 5, 6, 7 and 8, Block 13, Avon by the Sea, according to the plat thereof, as recorded in Plat Book 3, page 7, of the public records of Brevard County, Florida from "C-1 Commercial " to" R-2 Medium Density Residential;" providing the property subject to this Ordinance is more particularly depicted and legally described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an effective date, second reading: City Attorney Garganese read the title into the record. The Public Hearing was opened. There being no comment, the Public Hearing was closed. City Attorney Garganese explained the Item. A motion was made by Council Member Raymond, seconded by Mayor Pro Tem Kellum, to adopt Ordinance No. 25-2021, at second reading. The motion carried 5-0. b. Ordinance No. 26-2021; adopting a property owner initiated rezoning of a parcel of property described as Tax Parcel ID. 24-37-23-CG-13-4 and legally described as the East 1/2 of Lot 4 and Lots 5, 6, 7 and 8, Block 13, Avon by the Sea, according to the plat thereof, as recorded in Plat Book 3, page 7, of the public records of Brevard County, Florida from the current City "C-1 Low Density Commercial Zoning District designation to the City "R-2 Medium Density Residential" Zoning District designation; providing the property subject to this Ordinance is more particularly depicted and legally described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability and an effective date, second reading: City Attorney Garganese read the title into the record. The Public Hearing was opened. Kay Jackson, resident, discussed concerns regarding rezoning and inquired whether impact studies on traffic, sewer and stormwater were done. City Manager Morley explained the concurrency process for adopted levels of service related to the Comprehensive Plan. The Public Hearing was closed. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Raymond, to adopt Ordinance No. 26-2021, at second reading. The motion carried 5-0. 6. Ordinance No. 36-2021; amending Chapter 110, Land Development Regulations, Section 110-1 Definitions and Article IX Supplemental District Regulations, Division 4 Home Occupations of the City Code to comply with recent legislation adopted by the Florida Legislature related to home based businesses; making conforming amendments to the schedule of Zoning District regulations and other provisions of the City Code to comply with said legislation; providing for repeal of prior the inconsistent ordinances resolutions, and incorporation into the code, severability and an effective date, second reading: City Attorney Garganese read the title into the record and explained the Item. Discussion ensued and included the importance of municipal Home Rule and the importance and power of citizen awareness regarding actions of the Florida State Legislature. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Davis, seconded by Council Member Raymond, to adopt Ordinance No. 36-2021, at second reading. The motion carried 4-1, with Mayor Pro Tem Kellum voting against. City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • November 16, 2021 Minutes • Page 4 of 6 7. Ordinance No. 40-2021; adopting amendments to the Annual General Fund, Special Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital Fund Budgets for the Fiscal Year beginning October 1, 2020, and ending September 30, 2021; providing for the repeal of prior inconsistent ordinances and resolutions and an effective date, second reading: City Attorney Garganese read the title into the record. Administrative/Financial Services Director DeLeo explained the Item. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to adopt Ordinance No. 40-2021, at second reading. The motion carried 5-0. 8. Ordinance No. 43-2021; amending Chapter 74 of the City Code regarding parking regulations on City owned or leased property; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, first reading. City Attorney Garganese read the title into the record and explained the Item. City Manager Morley provided additional information regarding the historical placement of similar signs and how the new measure would give Brevard County Sheriff's Office authority to enforce the City Code. Discussion ensued regarding support for the action, parking overnight at City parks, Florida Uniform Traffic Citation Statute Chapter 316 works with cities that adopt that citation process, placement of signs will be at the discretion of the City Manager on an as -needed basis, citation fee, updating Council as action is taken and Center Street Park. Brevard County Sheriff's Office Commander Keck discussed the process, education being the first goal and citation is the last resort. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Raymond, to approve Ordinance No. 40-2021, at first reading. The motion carried 5-0. ITEM FOR ACTION: 9. Appoint a Council Member as the 2022 Voting Delegate to the Space Coast Transportation Planning Organization Governing Board, representing the North Beaches Coalition: Mayor explained the Item and the critical importance of serving. City Manager Morley discussed City Councils' Resolutions over the years to implement safety and transportation improvements, the new Appointee's task will be to strike a delicate balance through the Space Coast Transportation Planning Organization (SCTPO) so the City does not lose critical improvements of the Florida Department of Transportation A1A Project and how the City Council never requested a roundabout or traffic circle. Discussion ensued regarding Mayor Pro Tem Kellum's experience serving as an Alternate Voting Delegate. Mayor Pro Tem Kellum nominated Council Member Willis to serve. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Raymond, to appoint Council Member Willis as the 2022 Voting Delegate. The motion carried 5-0. Discussion ensued and included Council Member Willis' desire to serve, the importance of attendance at each meeting, coordination with the Cocoa Beach Alternate Voting Delegate and City Manager Morley's suggestion that Council Member Willis meet with the City's SCTPO Citizen Advisory Committee Representative Arlyn DeBlauw and Senior Planner Brenda Defoe-Surprenant, the City's Technical Advisory Committee Representative. ITEMS FOR DISCUSSION: 10. Discussion on funding of a relocation/assistance program for businesses located within the City Community Redevelopment Area (CRA): City Manager Morley explained the Item, options and recommended Council use the CRA funds for assistance grants for relocation of the City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • November 16, 2021 Minutes • Page 5 of 6 tenants if Council decides to fund this program. Discussion ensued and included reviewing the lease prior to making any decision, the current lease in review status, desire to be cautious in making a decision either way, treating businesses in the City equally, the assistance program is based on the actions of the City and language reflecting such should be placed within the grant application. City Attorney Garganese explained the original contract provisions and complications that came about due to the tenant provision. Nelson Rivera, business owner/tenant at 7404 N. Atlantic Avenue, explained he could vacate the premises by December 27, 2021 if they had $5-7000 in relocation assistance, the difficulties in relocating his shop and current rent is $1275.22 a month. Discussion continued regarding bringing the Item back at a Special Meeting, and there being no need for a lease if tenants vacate by the end of the year. City Attorney Garganese explained the Council approved a contract to purchase the property and is trying close the deal as stated in the contract, working up towards the closing date the Council needs to address additional items first and this is one of them, the other item is the Interlocal Agreement. Smaily Ochoa, business owner/tenant at 7404 N. Atlantic Avenue, discussed that he started his business eight years ago, would like to stay in the City, stated it would take $10,000 to relocate his business and that he also could vacate the premises by December 27, 2021. Discussion continued regarding a workshop to discuss the Civic Hub Project, opposition to the Project, how the previous City Council legitimately voted for the Project, Council opposition to backing out, and desire to spend funds on such items as stormwater and wastewater projects instead. City Manager Morley discussed the approximate costs to back out of the Loan to start at $80,000 and potential negative impacts to the City's good bond and credit ratings are unknown. Finance Director DeLeo discussed how tenants must pay their rent which would be taxpayer dollars, the City is in a good financial position and advised it would be bad idea to back out of the Project from a financial perspective. Discussion ensued and included scheduling a Special City Council Meeting before taking action to review the legal opinion of City Attorney Garganese regarding a potential termination of the Council -approved final Sale and Purchase Contract, the professional opinion of potential costs of repaying the Council -approved $1.2M Loan by the City's Financial Advisor Jeff Larson, draft lease agreement and summary minutes of this discussion for Council to make a decision to go into a lease agreement or not and possible relocation of the tenants. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to schedule a Special City Council Meeting on December 7, 2021 as discussed. City Manager Morley confirmed Staff will provide City Attorney Garganese' opinion on cancelling the Sale and Purchase Contract, City Financial Advisor Larson's opinion regarding the impacts of returning the $1.2M Loan, summary minutes reflecting the discussion, action taken and the requests of the tenants regarding relocation expenses, the draft lease agreement, and any other Items Staff thinks should be included. The motion carried 5-0. Mayor Morrison recessed the meeting at 9:09 p.m. The meeting reconvened at 9:21 p.m. 11. Discussion on the American Rescue Plan Act and review Proposed Projects to determine how best to use these Fiscal Recovery Funds: City Manager Morley explained the Item. Financial Services Director DeLeo explained the American Rescue Plan Act (ARPA) Federal funding status and the need to identify use of the funds by April 1, 2022. Discussion ensued and included Canaveral Fire Rescue is willing to wait for the ARPA reimbursement funds, the longer conversation needed with citizens regarding the Unspecified Qualified Community Needs funding and possible allocation of leftover funds to Wastewater and Stormwater. Council reached consensus to move forward with the Proposed Project use of Fiscal Recovery funds as recommended. City Manager Morley requested the Council Members talk to citizens regarding City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • November 16, 2021 Minutes • Page 6 of 6 COVID-19 Fiscal Recovery funding for a January or February 2022 Agenda Item, discussed the Tranche payment schedule and confirmed designated funding can be amended. 12. Discussion on Short-term Rentals (Add -on Item by Mayor Pro Tem Kellum): Mayor Pro Tem Kellum explained the reason for the discussion involved concerns regarding ProChamps' online services which the City uses to register and monitor short-term rentals, listings are renting for less than the 7-day minimum, anonymous complaint issues and a desire to have ProChamps report to the City Council on December 7, 2021 during the Special Meeting. Discussion ensued and included user experience, concerns over anonymous complaint identities being revealed, the number of short -rentals holding Business Tax Receipts and desire for terms of the agreement with ProChamps and deliverables be attained. Council reached consensus to receive an update from ProChamps during the City Council Special Meeting on December 7, 2021. REPORTS: City Manager Morley requested consensus from the Council for a closed Security Meeting facilitated by the Brevard County Sheriff's Office at 4:00 p.m. on Tuesday, December 21, 2021 to be followed immediately at 4:30 p.m. by an open public meeting/refresher, facilitated by City Attorney Garganese, on Roberts Rules of Order, leaving the 5:00 p.m. hour open for a potential Special CRA Board Meeting just prior to the Regular City Council Meeting at 6:00 p.m. Council reached consensus to conduct the meetings as discussed and move both meetings to 5:00 p.m. and 5:30 p.m. should the City Council have no need for the tentatively scheduled Special CRA Board Meeting at 5:00 p.m. Mayor Pro Tem Kellum discussed the Veterans Day ceremony at Veterans Park, thanked Staff for their efforts in making the Park beautiful and for the "Children at Play" signs placed in her neighborhood. Council Member Willis thanked Public Works Services and Human Resources Staff for providing excellent customer service. Council Member Raymond discussed attending the Space Coast League of Cities meeting where the 2021/2022 meeting schedule was approved. Mayor Morrison expressed thanks to all. ADJOURNMENT: The Meeting was adjourned at 9:57 p.m. Wes Morrison, Mayor Mia Goforth, City Clerk CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • DECEMBER 21, 2021 AGENDA ITEM SUMMARY • ITEM # 2 Subject: Resolution No. 2021-22; appointing Members to the Culture and Leisure Services Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Mike Truitt and Angela Trulock) Department: City Clerk's Office Summary: At its September 30, 2021 Meeting, the Culture and Leisure Services Board (CLSB) interviewed Mike Truitt and Angela Trulock to fill vacancies and voted to recommend them for appointment. Mr. Truitt and Ms. Trulock would be filling the remainder of two existing, unexpired terms that will end October 1, 2024. These two terms are vacant due to two former Board Members declining reappointment earlier this year. Following the completion of their terms, Mr. Truitt and Ms. Trulock shall be eligible for reappointment to the CLSB, consistent with the limitations set forth in Section 2-171(f), City Code. It is now incumbent upon Council to appoint Members to the CLSB. Submitting Department Director: Mia Goforth Date: 12/9/21 Attachment: Resolution No. 2021-22 Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 12/9/21 The City Manager recommends the City Council take the following action: Adopt Resolution No. 2021-22. Approved by City Manager: Todd Morley Date: 12/9/21 RESOLUTION NO. 2021-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; APPOINTING MEMBERS TO THE CULTURE AND LEISURE SERVICES 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 54-26 established a Board known as the Culture and Leisure Services Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint 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. Appointment to City Advisory Board. Pursuant to Section 2-171(e) of the Cape Canaveral City Code, the City Council of the City of Cape Canaveral hereby appoints the following individuals to the Culture and Leisure Services Board: Mike Truitt and Angela Trulock shall be appointed to serve until October 1, 2024. Following completion of this term, these appointee shall be eligible for reappointment, 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 21 st day of December, 2021. [Signature page follows] City of Cape Canaveral Resolution No. 2021-22 Page 1 of 2 ATTEST: Mia Goforth, CMC, City Clerk Wes Morrison, Mayor Name FOR AGAINST Kim Davis Mickie Kellum Wes Morrison Angela Raymond Don Willis Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No. 2021-22 Page 2 of 2 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • DECEMBER 21, 2021 AGENDA ITEM SUMMARY • ITEM # 3 Subject: Approve the First Addendum to the Piggyback Agreement for Professional Building Department Services with Joe Payne, Inc., and authorize Mayor to execute same. Department: Community and Economic Development Summary: At its September 15, 2020 Regular Meeting, the Council approved a Piggyback Agreement for Professional Building Department Services with Joe Payne, Inc. (JPI) for a one (1) year period (Attachment 1). The proposed addendum (Attachment 2) to this Agreement will extend the term of the Agreement for a two (2) year period to September 30, 2023. This service is needed to augment current Building Staff due to the difficulty in hiring licensed professionals. All terms and conditions of the original contract are fully binding and include building inspection and plans examination services on a daily or as -needed basis. JPI employees hold standard certification in accordance with Florida Statutes Chapter 468, to include Building, Mechanical, Electrical, Plumbing, and One and Two Family disciplines, or must be a Florida Registered Engineer or Architect. Inspectors will provide the necessary tools, equipment, cell phone and vehicle to perform inspection services. The 2020 Contract establishes an hourly rate of $69.50 per hour with no minimum daily/weekly/monthly billing requirement. JPI is not increasing the hourly rate for this addendum. Contracted services will be provided by existing JPI employees in the Brevard County area. JPI will not charge for travel time or expenses to and from the City and will maintain General Liability, Workers' Compensation and Auto Liability insurance policies for all services provided. All will name the City as an additional insured. The City reserves the right to purchase similar goods or services that are the subject of this Contract from any alternative vendor during the term of the Contract. Funding of this Contract will be taken from the Building Division personnel services fund. During the initial term of the Agreement, the City paid $5,893.00 to JPI. Should the City, in the future, hire a qualified building inspector/plans examiner, contracted services will be adjusted accordingly. Submitting Department Director: David Dickey Date: 12/14/12 Attachment: 1. First Addendum — City of Cape Canaveral Piggyback Contract 2. Agreement for Professional Building Department Services Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 12/14/12 The City Manager recommends the City Council take the following actions: Approve the First Addendum to the Piggyback Agreement for Professional Building Department Services with Joe Payne, Inc., and authorize Mayor to execute same. Approved by City Manager: Todd Morley Date: 12/14/12 Attachment 1 FIRST ADDENDUM CITY OF CAPE CANAVERAL PIGGYBACK CONTRACT (Professional Building Department Services) The City of Cape Canaveral, a Florida Municipal Corporation ("City") enters this First Addendum to "Piggyback" Contract with Joe Payne, Inc., a Florida corporation (hereinafter referred to as the "Vendor"), a business having a primary location at 9629 Gretna Green Drive, Tamp, Florida, under the terms and conditions hereinafter provided. The City and the Vendor agree as follows: 1. The Parties previously entered into that certain Piggyback Contract for Professional Building Department Services executed by the City on September 15, 2020 and Vendor on September 19, 2020. The Time Period ("Term") of the Piggyback Contract set forth in Paragraph 3 (a) is hereby amended to expire on September 30, 2023 unless the term is extended by mutual written agreement of the Parties. 2. All other provisions in the original Piggyback Contract (as amended) between the parties not modified by this First Addendum shall remain in full force and effect. IN WITNESS WHEREOF, the parties have hereunto each set their hands and seals on the day and year written below. JOE PAYNE, INC. By: Title: President Date: Attested by: CITY OF CAPE CANAVERAL Mia Goforth, CMC, City Clerk Approved as to form and legal sufficiency By: Wes Morrison, Mayor For the City of Cape Canaveral only: Date: Anthony A. Garganese, City Attorney 1 Attachment 2 Exhibit "A" AGREEMENT FOR PROFESSIONAL BUILDING DEPARTMENT SERVICES THIS AGREEMENT, made this 1st day of October, 2018, by and between the Board of County Commissioners of Brevard County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County") and, Joe Payne, Inc., (hereinafter referred to as "JPI") a business having its primary location at 9629 Gretna Green Drive, Tampa, Florida and sets forth the specific terms and conditions under which JPI shall supply services to the County. WHEREAS, the County seeks to obtain Professional Building Department Services for building inspection and plans review, and WHEREAS, the County initiated an invitation to bid for building inspection and plans examination services in accordance with County competitive bidding policies and procedures. WHEREAS, on September 21, 2018 a Notice of Award for BID # B-1-18-85 was issued with the bid awarded to JPI. WHEREAS, the provisions of such services shall mutually benefit the parties hereto and the residents of Brevard County, Florida. NOW, THEREFORE, in consideration of the covenants herein contained, it is mutually agreed upon by the parties as follows: 1.0 TERMINOLOGY As used in this Agreement, the terms listed below are defined as follows: Authorized Representative: "Authorized Representative" is a representative authorized by the County to provide JPI with a clear understanding of the project nature and scope. Professional Building Department Services: "Professional Building Department Services" include, but shall not be limited to, the inspection of building construction projects permitted by the County for compliance with the Florida Building Code, and the review of permit documents and construction plans, drawings, and specifications for compliance with the Florida Building Code and applicable related regulations, laws and rules and the crafting of written comments regarding any deficiencies found during said plans examinations. JP Page 1 of 8 2.0 SCOPE OF SERVICES 2.1 GENERAL DESCRIPTION The scope of services include: Building Inspection and Permit Plan Review Services for enforcement of the Florida Building Code and applicable related regulations, law and rules on a daily or as needed basis as determined by the County. Such services shall be provided at an hourly rate per the terms of this Agreement. JPI employees providing inspection or plans examination services shall hold standard certification in the inspection or plan examiner disciplines required to perform said services in accordance with Florida Statutes Chapter 468, to include Building, Mechanical, Electrical, Plumbing, and One and Two Family disciplines, or must be a Florida Registered Engineer or Architect.. Inspectors will provide technical field inspections of buildings, equipment, and installations during various phases of construction, and grant inspection approvals if found in compliance with Florida Building Code regulations and approved permit documents, and provide written comments if found not in compliance. Plan reviewers will examine permit documents and construction plans for compliance with Florida Building Codes and related regulations, laws and rules and grant approvals if found in compliance with said building codes and regulations, and provide written comments if found not incompliance. Inspectors shall have the necessary tools, equipment, cell phone, and vehicle to perform inspection services. 2.2 RESPONSIBILITIES 2.2.1 JPI RESPONSIBILITIES 1. JPI has the responsibility for providing the services described under the "Scope of Services" section. The work is to be performed in accordance with accepted standards of care and is to be completed in a timely manner. 2. JPI's employees shall be fully insured and have the necessary certifications, tools, equipment, cell phone, and vehicle to provide technical field inspections of buildings, structures, equipment and installations during various stages of construction for determination of compliance with the Florida Building Code and applicable related regulations, laws and rules. 3. JPI's employees performing plans examination services shall review permit documents and construction plans, drawings, and specifications for compliance with the Florida Building Code and applicable related regulations, laws and rules and make written comments of any deficiencies found during said plans examinations. Said permit plans examination shall be completed and the review results communicated to the County within seven (7) calendar days of receipt of the permit documents, plans and drawings from the County. Page 2 of 8 JP 2.2.2 COUNTY RESPONSIBILITIES 1. The County is responsible for providing JPI's inspection employees with a list of inspections to be performed each day that inspection services are required. 2. The County shall supply JPI with sufficient and adequate information, including, but not limited to, maps, site plans, reports, surveys and designs, to allow JPI to properly complete the specified services. 3. The County shall provide JPI the permit documents, plans, drawings, surveys for permit plans examination services. 2.3 STANDARD OF CARE Services performed by JPI under this Agreement are expected by the County to be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of JPI' profession practicing contemporaneously under similar conditions in the locality of the project. No other warranty, express or implied, is made. 3.0 OWNERSHIP OF DOCUMENTS All reports, field data, field notes and other documents prepared by JPI, as instruments of service, shall remain the property of the County. 4.0 TERM The term of this Agreement shall begin October 1, 2018 and continue through September 30, 2021. This Agreement is renewable for additional one-year terms upon written agreement by the County and JPI. 5.0 TERMINATION This Agreement may be terminated by either party upon seven (7) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof. Such termination shall not be effective if that substantial failure has been remedied before expiration of the period specified in the written notice. Page 3 of 8 JP The County shall have the right at any time to terminate service, with or without cause, upon thirty (30) days written notice. JPI shall only be entitled to payment for the services rendered to the date of termination. 6.0 BILLING AND PAYMENTS JPI will submit monthly invoices to the County upon completion of services. Invoices will show charges for different personnel and expense classifications. The County shall pay JPI for services provided under this Agreement. The County reserves the right to deduct from any contractor invoice an amount for defective or nonconforming work, or for work not provided but invoiced. The County shall remit payment in accordance with the Florida Prompt Payment Act, Florida Statutes Section 218.70, et seq. (2018). 6.1 PRICE JPI will provide building inspection and plans examination services as described in this Agreement at an hourly rate of sixty nine dollars and fifty cents ($69.50) per hour or at a daily rate of five hundred fifty six dollars and 0 cents ($556.00) per day. 6.2 TRAVEL REIMBERSEMENT JPI agrees to charge zero dollars ($0.00) for travel time and expense of JPI's employees for travel to and from Brevard County to perform the services as described in this Agreement. 7.0 INDEMNIFICATION JPI shall indemnify and hold harmless the County and its agents and employees from and against all claims, damages, losses, and expenses, including attomey's fees arising out of or resulting from the performance of its work under this Agreement, where such claim, damage, loss, or expense is caused, in whole or in part, by the act or omission of JPI, or anyone directly or indirectly employed by JPI, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified thereunder. In any and all claims against the County, or any of its agents or anyone directly or indirectly employed by JPI, or anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph shall not be limited in any way by a limitation on the amount or types of damages, compensation or benefits payable by or for JPI, under workers' compensation acts, or other related policies of insurance. The parties acknowledge specific consideration has been exchanged for this provision. Page 4 of 8 JP In no way does any clause in this document constitute a waiver of the County's rights pursuant to Section 768.28, Florida Statutes 8.0 INSURANCE JPI, at its own expense, shall keep in force and at all times maintain the following policies of insurance during the term of this Agreement: a. General Liability Insurance: General Liability Insurance issued by responsible insurance companies in a form acceptable to the County, with combined single limits of not less than One Million Dollars ($1,000,000) for Professional Liability, Personal Injury, Bodily Injury and Property Damage per occurrence. b. Workers' Compensation Coverage: Full and complete Workers' Compensation Coverage, as required by State of Florida law, shall be provided. c. Auto Liability insurance for owned, non -owned, hired/borrowed vehicles in an amount not Tess than One Million Dollars ($1,000,000) combined single limits for Bodily Injury and Property Damage per accident. JPI shall provide the County with Certificate(s) of Insurance on all the policies of insurance and renewals thereof in a form(s) acceptable to the County. Said Liability Policies shall provide that the County is an additional insured. The County shall be notified in writing of any reduction, cancellation or substantial change of policy or policies at least thirty (30) days prior to the effective date of said action. All insurance policies shall be issued by responsible companies who are acceptable to the County and licensed and authorized under the laws of the State of Florida. Certificate(s) of Insurance must be provided to the County within ten (10) days of the execution of the Agreement. 9.0 NOTICES All notices or requests and demands hereunder shall be in writing, and shall be deemed delivered to the appropriate party upon: (a) personal delivery, if delivered by hand during ordinary business hours; (b) the day of delivery if sent by U.S. Mail, postage pre -paid; (c) the day of signed receipt if sent by certified mail, postage pre -paid, or other nationally recognized carrier, retum receipt or signature provided and in each case addressed to the parties as follows: As to JPI: Page 5 of 8 JP Joe Payne c/o Joe Payne, Inc. 9629 Gretna Green Drive Tampa, Florida 33626 As to County: Michael McCaughin, Chief Building Official (or current building official) 2725 Judge Fran Jamieson Way, Building A, Room A-114 Viera, Florida 32940 10.0 GENERAL TERMS 10.1 COMPLETE AGREEMENT This Agreement contains all the terms and conditions agreed upon by the parties. No other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind either party hereto. 10.2 MODIFICATION TO AGREEMENT This Agreement and any exhibits/attachments, task assignments and schedules may only be amended, supplemented or cancelled by a written instrument duly executed by the parties hereto. 10.3 ATTORNEYS' FEES In the event of any legal action to enforce the terms of this Agreement each party shall bear its own attomey's fees and costs. 10.4 GOVERNING LAW This Agreement shall be govemed, interpreted and construed according to the laws of the State of Florida. 10.5 COMPLIANCE WITH STATUTES It shall be JPI's responsibility to be aware of and comply with all federal, state and local laws. 10.6 SEVERABILITY In the event any provision of the Agreement is declared or determined to be unlawful, invalid or unconstitutional, such declaration shall not affect, in any Page 6 of 8 JP manner, the legality of the remaining provisions of the Agreement. Each provision of the Agreement is deemed to be separate and severable from each other provision. 10.7 VENUE Venue for any legal action by any party to this Agreement to interpret, construe or enforce this Agreement shall be in a court of competent jurisdiction in and for Brevard County, Florida and any trial shall be non -jury. 10.8 ASSIGNMENTS Neither the County nor JPI shall assign, delegate, sublet, or transfer his duties or interests in this Agreement without the written permission of the other party. 10.9 NON -WAIVER Any failure of the County to insist upon strict performance of any terms of this Agreement or to exercise any rights conferred by this Agreement shall not be construed by JPI as a waiver of the County's right to assert or rely on any such terms or rights on any future occasion or as a waiver of any other terms or rights. 10.10 PUBLIC RECORDS LAW Both parties understand that the County is subject to the Florida Public Records Law, Chapter 119, Florida Statutes and all other applicable Florida Statutes. If the materials provided by JPI do not fall under a specific exemption, under Florida or federal law, materials related to this Agreement would have to be provided to anyone making a public records request. It is JPI's duty to identify the information it deems is exempt under Florida/federal law and identify the statute by number that exempts said information. Should any person or entity make a public request of the County which requires or would require the County to allow inspection or provide copies of records which JPI maintains are exempt from Public Records Law or are confidential, it shall be JPI's obligation to provide the County within 24 hours (not including weekends and legal holidays), of notification by the County to JPI of the request, of the specific exemption or confidentiality provision so the County will able to comply with the requirements of Chapter 119, Florida Statutes. Should the County face any kind of legal action to require or enforce inspection or production of any records provided by JPI to the County which JPI maintains are exempt or confidential from such inspection/production as a public record, then JPI shall hire and compensate attomey(s) who shall represent the interest of the County Page 7 of 8 JP as well as JPI in defending such action. JPI shall also pay any costs to defend such action and shall pay any costs and attomey's fees, which may be awarded pursuant to Fla. Stat. 119.12. IF JPI HAS ANY QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO ITS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (321) 633-2069, Bessie.Grivas- Pereno@brevardfl.gov, 2725 Judge Fran Jamieson Way, Room A114, Viera, FL 32940. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first above written. Joe Payne, Inc. (JPI) Payne, PE, MBA Joseph Payne Print Name 9/26/18 Date ATTEST: Signature Amy Paige Perry, Notary Public Name & Title, Typed or Pnnted Board of County Commissioners Rita Pritchett, Chair 9/27/18 Date ATTEST: Scott Ellis, Clerk State of Florida County of Brevard ( Signature of Affiant) Sworn to (or affirmed and subscribed before me this 26th day September, 2018 by Joseph Payne (Name of Affiant). Amy Paige Perry Notary Public- State of Florida (Signature of Notary) Amy Paige Perry (Name of Notary Public) Personally Know__ or Produced Identification X Type of Identification Produced FL Dri. Lic. Amy Paige Perry My Commission Expires December 15, 2018 Commission No. GG 74214 Page 8 of 8 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • DECEMBER 21, 2021 AGENDA ITEM SUMMARY • ITEM # 4 Subject: Ordinance No. 43-2021; amending Chapter 74 of the City Code regarding parking regulations on City owned or leased property; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, second reading. Department: BCSO and Leisure Services Summary: Ordinance No. 43-2021 (Attached) further clarifies the City's authority to regulate parking on property owned or leased by the City. It establishes that, whenever the City Manager determines that the orderly, efficient conduct of the City's business or public safety requires that parking or standing of vehicles on City owned or leased property be prohibited, limited or restricted, the City Manager shall have the power and authority to order signs to be erected or posted, and to install and have maintained parking space markings, indicating that the parking of vehicles is thus prohibited, limited or restricted. This Ordinance codifies Brevard County Sheriff's Office (BCSO) ability to enforce parking prohibitions, limitations or restrictions when a sign is present informing the public of such prohibitions, limitations or restrictions. Additionally, Ordinance No. 43-2021 provides a penalty mechanism for any person that violates the Ordinance. It adds a $30 penalty to the existing fee schedule under Section 74-57. The Notice of Hearing was placed for advertisement in Florida Today on December 9, 2021 and the Ordinance is now presented for second reading and final adoption. Submitting Department Director: Gustavo Vergara Date: 12/9/21 Attachment: Ordinance No. 43-2021 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: 12/9/21 The City Manager recommends the City Council take the following action: Adopt Ordinance No. 43-2021 on second reading. Approved by City Manager: Todd Morley Date: 12/9/21 1 ORDINANCE NO. 43-2021 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 4 CANAVERAL, FLORIDA, AMENDING CHAPTER 74 OF THE CITY CODE 5 REGARDING PARKING REGULATIONS ON CITY OWNED OR LEASED 6 PROPERTY; 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 authority, under Section 2(b), Article VIII, of the State 11 Constitution, to exercise any power for municipal purposes and is authorized to adopt parking 12 regulations pursuant to Chapter 316, Florida Statutes; and 13 14 WHEREAS, the City owns and may lease real property within the jurisdictional limits of the 15 City of Cape Canaveral that is open to the public including, but not limited to, parks, City Hall, 16 community centers and other public facilities which contain parking spaces available for 17 employees and public; and 18 19 WHEREAS, the City Council hereby finds it is necessary to maintain and regulate the 20 parking spaces on City owned or leased property for their intended purposes and the public health 21 and safety; and 22 23 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this 24 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of 25 Cape Canaveral. 26 27 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 28 ORDAINS, AS FOLLOWS: 29 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by 30 this reference as legislative findings and the intent and purpose of the City Council of the City of 31 Cape Canaveral. 32 33 Section 2. Amending Chapter 74 of the City Code. The City of Cape Canaveral 34 Code of Ordinances, Chapter 74, is hereby amended as set forth below (underlined type indicates 35 additions and strikeout type indicates deletions, while *** indicate deletions from this Ordinance 36 of said applicable Division that shall remain unchanged in the City Code): 37 38 39 CHAPTER 74—TRAFFIC AND VEHICLES 40 41 42 *** City of Cape Canaveral Ordinance No. 43-2021 Page 1 of 4 1 ARTICLE III. - STOPPING, STANDING, PARKING 2 3 *** 4 5 Sec. 74-56.6 — Parking on City Owned or Leased Property. 6 7 (a) Whenever the city manaaer shall determine that the orderly, efficient conduct of 8 the city's business or public safety requires that parkina or standina of vehicles on city owned or 9 leased property be prohibited, limited or restricted, the city manaaer shall have the power and 10 authority to order sians to be erected or posted, and to install and have maintained parkina space 11 markinas, indicatina that the oarkina of vehicles is thus prohibited, limited or restricted. 12 13 (b) The prohibitions, limitations or restrictions authorized by this section may include,. 14 but not be limited to, establishina desianated or prohibited oarkina spaces, establishina tow 15 zones, reauirina city issued decals affixed to a vehicle, limitina parkina to certain days and hours,. 16 limitina the size of vehicles, reauirina directional oarkina, establishina loading zones and 17 enforcina any ordinance, rule or reaulation adopted by the city council. 18 - - - - - 19 (c) When sians or parkina space markinas are in place, aivina notice of such 20 prohibition, limitation or restriction authorized hereunder, no person shall park or stand any 21 vehicle contrary to the directions or provisions of such sians or parkina space markinas. 22 23 Sec. 74-57. Penalties. 24 25 (a) [Violations.] Any person violating this article shall be punished in accordance with 26 the schedule as follows: 27 Violation I Penalty 28 29 (1) Parked in excess of authorized time 30.00 30 (2) Parked in no parking zone 30.00 31 (3) Parked in loading zone 30.00 32 (4) Parked in reserved zone without permit 30.00 33 (5) Parked irregularly (extending over boundary) 30.00 34 (6) Parked in handicapped space 100.00 35 (7) Parked double or obstructing traffic 30.00 36 (8) Parked on sidewalk 30.00 37 (9) Parked on ocean dunes 100.00 38 (10) Parked in fire lane 30.00 39 (11) Parkina city property in violation of sec. 74-56.6 30.00 40 (121-) Other 30.00 41 42 (b) Surcharge on parking fines. City of Cape Canaveral Ordinance No.43-2021 Page 2 of 4 1 2 (1) A surcharge in the amount of $10.00 is hereby imposed on all parking fines 3 imposed under this article for parking violations occurring within the city, for the sole purpose of 4 funding school crossing guard programs. 5 6 (2) The proceeds collected from this surcharge shall be placed in the "Cape Canaveral 7 School Crossing Guard Trust Fund," which is hereby established, and funds collected from this 8 surcharge shall be distributed quarterly to fund school crossing guard programs. The city may set 9 aside funds derived from this surcharge to pay for start-up costs and recurring administrative 10 costs related to printing new tickets or other means of implementing the school crossing guard 11 program. 12 *** 13 14 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 15 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 16 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 17 18 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the 19 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may 20 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, 21 and like errors may be corrected and additions, alterations, and omissions, not affecting the 22 construction or meaning of this ordinance and the City Code may be freely made. 23 24 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or 25 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 26 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 27 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 28 the validity of the remaining portions of this Ordinance. 29 30 Section 6. Effective Date. This Ordinance shall become effective immediately upon 31 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City 32 Charter. 33 34 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 21st day 35 of December, 2021. 36 37 38 39 40 [Signature Page Follows] 41 42 43 City of Cape Canaveral Ordinance No. 43-2021 Page 3 of 4 1 2 3 Wes Morrison, Mayor 4 5 ATTEST: For Against 6 7 Kim Davis 8 9 Mia Goforth, CMC Mickie Kellum 10 City Clerk 11 Wes Morrison 12 13 Angela Raymond 14 15 Don Willis 16 17 18 First Reading: November 16, 2021 19 Advertisement: December 9, 2021 20 Second Reading: December 21, 2021 21 22 23 24 Approved as to legal form and sufficiency 25 for the City of Cape Canaveral only by: 26 27 28 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. 43-2021 Page 4 of 4 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • DECEMBER 21, 2021 AGENDA ITEM SUMMARY • ITEM # 5 Subject: Approve the City Manager Performance Evaluation Form. Department: Human Resources Summary: The Council has expressed past interest in an up-to-date City Manager performance evaluation form due to the current form's length and age. It is recommended that the International City Managers Association (ICMA) City Manager Performance Evaluation be utilized, as it is current, straightforward and simplistic in the process of evaluating the work performance of the City Manager. The ICMA City Manager Performance Evaluation (Attachment) contains ten categories of evaluation criteria. Each category contains a statement to describe a behavior standard in that category. For each statement, a rating scale is used to indicate the rating of the City Manager's performance. 5 = Excellent (almost always exceeds the performance standard) 4 = Above average (generally exceeds the performance standard) 3 = Average (generally meets the performance standard) 2 = Below average (usually does not meet the performance standard) 1 = Poor (rarely meets the performance standard) Any item left blank will be interpreted as a score of "3 = Average". Like the previous form, this evaluation form contains a provision for entering narrative comments, including an opportunity to enter responses to specific questions and an opportunity to list any comments Council believes is appropriate and pertinent to the rating period. Per the City Manager Employment Agreement dated July 21, 2020, the "City Manager shall timely recommend the form of evaluation to be used under this Agreement. However, the City Council shall be solely responsible for approving the form to be used. The evaluation shall be made between May and July of each year in which this Agreement is effective unless otherwise determined by the City Council". As it has done for previous City Manager evaluations, the HR Department will prepare a Composite Evaluation Report, compiling all ratings and comments, to be included annually on the June City Council Meeting Agenda for ratification and action pursuant to Salary provisions included in the City Manager's Employment Agreement. In addition, it is recommended that the ICMA City Manager Performance Evaluation form continually be utilized annually until Council decides otherwise. Submitting Department Director: Melinda Huser Date: 12/9/21 Attachment: City Manager Performance Evaluation Financial Impact: Staff time and effort to complete this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 12/9/21 The City Manager recommends the City Council take the following action: Approve the City Manager Performance Evaluation form. Approved by City Manager: Todd Morley Date: 12/9/21 City Manager Performance Evaluation City of Evaluation period: to Governing Body Member's Name Each member of the governing body should complete this evaluation form, sign it in the space below, and return it to . The deadline for submitting this performance evaluation is Evaluations will be summarized and included on the agenda for discussion on Governing Body Member's Signature Date Submitted Page 1 of 7 INSTRUCTIONS This evaluation form contains ten categories of evaluation criteria. Each category contains a statement to describe a behavior standard in that category. For each statement, use the following scale to indicate your rating of the city manager's performance. 5 = Excellent (almost always exceeds the performance standard) 4 = Above average (generally exceeds the performance standard) 3 = Average (generally meets the performance standard) 2 = Below average (usually does not meet the performance standard) 1 = Poor (rarely meets the performance standard) Any item left blank will be interpreted as a score of "3 = Average" This evaluation form also contains a provision for entering narrative comments, including an opportunity to enter responses to specific questions and an opportunity to list any comments you believe appropriate and pertinent to the rating period. Please write legibly. Leave all pages of this evaluation form attached. Initial each page. Sign and date the cover page. On the date space of the cover page, enter the date the evaluation form was submitted. All evaluations presented prior to the deadline identified on the cover page will be summarized into a performance evaluation to be presented by the governing body to the city manager as part of the agenda for the meeting indicated on the cover page. PERFORMANCE CATEGORY SCORING 1. INDIVIDUAL CHARACTERISTICS Diligent and thorough in the discharge of duties, "self-starter" Exercises good judgment Displays enthusiasm, cooperation, and will to adapt Mental and physical stamina appropriate for the position Exhibits composure, appearance and attitude appropriate for executive position Add the values from above and enter the subtotal+5= score for this category Page 2 of 7 Initials 2. PROFESSIONAL SKILLS AND STATUS Maintains knowledge of current developments affecting the practice of local government management Demonstrates a capacity for innovation and creativity Anticipates and analyzes problems to develop effective approaches for solving them Willing to try new ideas proposed by governing body members and/or staff Sets a professional example by handling affairs of the public office in a fair and impartial manner Add the values from above and enter the subtotal + 5= score for this category 3. RELATIONS WITH ELECTED MEMBERS OF THE GOVERNING BODY Carries out directives of the body as a whole as opposed to those of any one member or minority group Sets meeting agendas that reflect the guidance of the governing body and avoids unnecessary involvement in administrative actions Disseminates complete and accurate information equally to all members in a timely manner Assists by facilitating decision making without usurping authority Responds well to requests, advice, and constructive criticism Add the values from above and enter the subtotal + 5= score for this category 4. POLICY EXECUTION Implements governing body actions in accordance with the intent of council Supports the actions of the governing body after a decision has been reached, both inside and outside the organization Understands, supports, and enforces local government's laws, policies, and ordinances Reviews ordinance and policy procedures periodically to suggest improvements to their effectiveness Offers workable alternatives to the governing body for changes in law or policy when an existing policy or ordinance is no longer practical Add the values from above and enter the subtotal + 5= score for this category Page 3 of 7 Initials 5. REPORTING Provides regular information and reports to the governing body concerning matters of importance to the local government, using the city charter as guide Responds in a timely manner to requests from the governing body for special reports Takes the initiative to provide information, advice, and recommendations to the governing body on matters that are non -routine and not administrative in nature Reports produced by the manager are accurate, comprehensive, concise and written to their intended audience Produces and handles reports in a way to convey the message that affairs of the organization are open to public scrutiny Add the values from above and enter the subtotal +5= score for this category 6. CITIZEN RELATIONS Responsive to requests from citizens Demonstrates a dedication to service to the community and its citizens Maintains a nonpartisan approach in dealing with the news media Meets with and listens to members of the community to discuss their concerns and strives to understand their interests Gives an appropriate effort to maintain citizen satisfaction with city services Add the values from above and enter the subtotal +5= score for this category 7. STAFFING Recruits and retains competent personnel for staff positions Applies an appropriate level of supervision to improve any areas of substandard performance Stays accurately informed and appropriately concerned about employee relations Professionally manages the compensation and benefits plan Promotes training and development opportunities for employees at all levels of the organization Add the values from above and enter the subtotal +5= score for this category Page 4 of 7 Initials 8. SUPERVISION Encourages heads of departments to make decisions within their jurisdictions with minimal city manager involvement, yet maintains general control of operations by providing the right amount of communication to the staff Instills confidence and promotes initiative in subordinates through supportive rather than restrictive controls for their programs while still monitoring operations at the department level Develops and maintains a friendly and informal relationship with the staff and work force in general, yet maintains the professional dignity of the city manager's office Sustains or improves staff performance by evaluating the performance of staff members at least annually, setting goals and objectives for them, periodically assessing their progress, and providing appropriate feedback Encourages teamwork, innovation, and effective problem -solving among the staff members Add the values from above and enter the subtotal +5= score for this category 9. FISCAL MANAGEMENT Prepares a balanced budget to provide services at a level directed by council Makes the best possible use of available funds, conscious of the need to operate the local government efficiently and effectively Prepares a budget and budgetary recommendations in an intelligent and accessible format Ensures actions and decisions reflect an appropriate level of responsibility for financial planning and accountability Appropriately monitors and manages fiscal activities of the organization Add the values from above and enter the subtotal +5= score for this category Page 5 of 7 Initials 10. COMMUNITY Shares responsibility for addressing the difficult issues facing the city Avoids unnecessary controversy Cooperates with neighboring communities and the county Helps the council address future needs and develop adequate plans to address long term trends Cooperates with other regional, state and federal government agencies Add the values from above and enter the subtotal + 5 = score for this category NARRATIVE EVALUATION What would you identify as the manager's strength(s), expressed in terms of the principle results achieved during the rating period? What performance area(s) would you identify as most critical for improvement? Page 6 of 7 Initials What constructive suggestions or assistance can you offer the manager to enhance performance? What other comments do you have for the manager; e.g., priorities, expectations, goals or objectives for the new rating period? Page 7 of 7 Initials CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • DECEMBER 21, 2021 AGENDA ITEM SUMMARY • ITEM # 6 Subject: Reappoint City Planner Brenda Defoe-Surprenant as the City's Representative on the Space Coast Transportation Planning Organization (SCTPO) Technical Advisory Committee and City resident Arlyn DeBlauw as the North Beaches Coalition Delegate on the SCTPO Citizens' Advisory Committee. Department: City Clerk's Office Summary: The Space Coast Transportation Planning Organization (SCTPO) is a metropolitan planning organization established under §339.175, Florida Statutes, to coordinate transportation planning and finance throughout Brevard County. 2021 City representatives on the SCTPO Technical Advisory Committee (TAC) and Citizens' Advisory Committee (CAC) are City Planner Brenda Defoe-Surprenant and City resident Arlyn DeBlauw, respectively. Mrs. Defoe-Surprenant and Mr. DeBlauw have each acknowledged/expressed interest in continuing to serve. Through an agreement with Cocoa Beach, representation on the CAC is shared between the two cities as the North Beaches Coalition (NBC). For 2022, Cape Canaveral's appointee will be the Delegate on the CAC, with Cocoa Beach's appointee serving as the Alternate. It is now incumbent upon City Council to appoint a City employee as the TAC Representative and a City resident as the NBC CAC Delegate. Submitting Department Director: Mia Goforth Date: 12/9/12 Attachments: None. Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 12/9/21 The City Manager recommends the City Council take the following actions: Reappoint City Planner Brenda Defoe-Surprenant as the City's Representative on the SCTPO TAC and City resident Arlyn DeBlauw as the NBC Delegate on the SCTPO CAC. Approved by City Manager: Todd Morley Date: 12/9/21 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • DECEMBER 21, 2021 AGENDA ITEM SUMMARY • ITEM # 7 Subject: Golf cart ordinance in Cape Canaveral Department: City Council Summary: A discussion gauging the consensus of the council to allow Golf carts on designated city streets that are 25 mph or less. And provide direction to the staff to draft an ordinance for the January meeting. Submitting Council Member: Mayor Pro Tem Mickie Kellum Date: 12/07/2021 Attachments: None. CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • DECEMBER 21, 2021 AGENDA ITEM SUMMARY • ITEM # 8 Subject: Dogs on the Beach Department: City Council Summary: Owners are breaking the ordinance daily. Residents are taking dogs out at all hours and especially, in the evening. I witnessed two large dogs on Sat. 12/4. I called the Sheriff's Office and waited 10 minutes. Why have a law, and not enforce it? Submitting Council Member: Council Member Angela Raymond Date: 12/08/2021 Attachments: None. CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • DECEMBER 21, 2021 AGENDA ITEM SUMMARY • ITEM # 9 Subject: Time Management at Council Meetings Department: City Council Summary: These are business meetings. Council members should limit comments to 5 minutes and no repetitive comments. Submitting Council Member: Council Member Angela Raymond Date: 12/08/2021 Attachments: None. CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • DECEMBER21, 2021 AGENDA ITEM SUMMARY • ITEM # 10 Subject: Discussion on limiting the City Council's ability to incur debt to fund projects that are not defined as "critical infrastructure" as well as setting minimum standards to require a minimum amount of community workshops prior to funding a project. Department: Legislative Summary: A financial policy discussion to limit the City Council's ability to incur debt over a certain amount in total debt as well as a limit per project over a period of time to fund capital improvement projects that are not defined as "critical infrastructure." Debt limits and Critical Infrastructure can be defined to direct the City Attorney to draft a proposed ordinance to amend the City Charter as provided below in Section 8.01-8.03. I propose that we pursue drafting and passing an ordinance to amend the City Charter that requires any debt incurred by the City over a certain defined amount for non -critical infrastructure shall be approved by the voters. Upon adopting an ordinance, Section 8.02 below allows the City Clerk to submit the proposed amendment to the voters at the next regularly scheduled election held on Tuesday, November 8, 2022, who will either vote in support or oppose their ability to borrow money for specific projects. ARTICLE VIII. - CHARTER AMENDMENT Sec. 8.01- Proposal of amendment. Amendments to this Charter may be framed and proposed: (a) In the manner provided by law, (b) By ordinance of the city council containing the full text of the proposed amendment and effective upon adoption, or (c) By the voters of the city. Proposal of an amendment by the voters of the city shall be by petition containing the full text of the proposed amendment and shall be governed by the same procedures and requirements prescribed in article VI for initiative petitions until such time as a final determination as to the sufficiency of the petition is made, except that there shall be no limitation as to the subject matter and that the petition must be signed by registered voters of the city equal in number to at least ten percent of the total number of those registered to vote at the last regular city election. The petitioners' committee may withdraw the petition at any time before the 15th day immediately preceding the day scheduled for the city vote on the amendment. Sec. 8.02 - Election. Upon adoption of an ordinance by the city council or a petition finally determined sufficient, proposing an amendment pursuant to section 8.01, the city clerk shall submit the proposed amendment to the voters of the city at the next regularly scheduled election, provided the receipt takes place more than 90 days prior to the date of the general election. The city clerk shall cause notice of such ballot items to be published according to Florida Law. Sec. 8.03 - Adoption of amendment. If a majority of those voting upon a proposed Charter amendment vote in favor of it, the amendment shall become effective at the time fixed in the amendment or, if no time is therein fixed, 30 days after its adoption by the voters. City of Cape Canaveral City Council Meeting • December 21, 2021 Agenda Item # 10 Page 2 of 2 Questions for the City Council • How would the City Council define "critical infrastructure"? • How much debt should be approved by the voters per project that is not defined as "critical infrastructure"? • What is the minimum public engagement process with workshops and other standards needed to fund a project that is not defined as "critical infrastructure"? Submitting Member: Mayor Wes Morrison Date: 12/08/2021 Attachment(s): None CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • DECEMBER21, 2021 AGENDA ITEM SUMMARY • ITEM # 11 Subject: Discussion on placing the Year to Date Monthly financial report in the Regular City Council Meeting Agenda each month with no action needed by Council. Any transfers made in the previous month would be provided. Department: Legislative Summary: The City Council and the public will have the opportunity to review the year to date monthly financials provided in the monthly Regular City Council meeting agenda packet. No action will be needed to be taken by Council. This will be placed in the Agenda as a report to include key financial information such as fund balances, revenues, expenses, transfers, debt position, and any other financial information that is important and desired by the City Council. Submitting Member: Mayor Wes Morrison Date: 12/08/2021 Attachment(s): None CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • DECEMBER21, 2021 AGENDA ITEM SUMMARY • ITEM # 12 Subject: Review a Provision in the Solid Waste Agreement and recently adopted Ordinance for Dumpster Rentals within the City Limits. Department: Legislative Summary: Discuss concerns with dumpster rentals in the City of Cape Canaveral experienced by citizens and consider any necessary changes to improve. Submitting Member: Mayor Wes Morrison Date: 12/08/2021 Attachment(s): Solid Waste Agreement Et Ordinance No. 31-2021 Attachment "A" to Ordinance No. 13-2014 SOLID WASTE AGREEMENT THIS AGREEMENT made and entered into this 21 st day of October, 2014, by and between the CITY OF CAPE CANAVERAL, FLORIDA, a Florida Municipal Corporation, located at 105 Polk Avenue, Cape Canaveral, Florida 32920 (hereinafter "City ") and WASTE PRO OF FLORIDA, INC., a Florida Corporation, located at 2101 W. State Road 434, Suite 315, Longwood, Florida 32779 (hereinafter "Contractor"). WITNESSETH: WHEREAS, there is an immediate and continuing need for the collection and disposal of bulk trash, refuse, vegetative waste, and recyclable materials from residents, businesses, and other entities within the municipal boundaries of the City of Cape Canaveral; and WHEREAS, in 2009 the City completed a competitive bidding process for the collection and disposal of bulk trash, refuse, vegetative waste, and recyclable materials within the City of Cape Canaveral; and WHEREAS, Contractor has the necessary equipment, personnel, and experience to properly perform the collection and disposal services described herein; and WHEREAS, upon review of the competitive bids submitted, the City Council of the City of Cape Canaveral determined that Contractor's bid was the lowest and most responsible bid submitted, and the City Council determined that it is in the best interests of the public health, safety, and welfare of the citizens of the City of Cape Canaveral and its resident businesses and entities to award a franchise to Contractor to provide for the collection and disposal of bulk trash, refuse, vegetative waste, recyclable materials, construction and demolition debris upon the terms and conditions more particularly described herein; and WHEREAS, in consideration of the excellent service provided by the Contractor, the September 2014 expiration and the need to clarify certain portions of the contract; both parties have decided it is in the best interests of both to re -negotiate the 2009 contract. NOW THEREFORE, in consideration of the mutual covenants, agreements, and consideration contained herein, the City and Contractor agree as hereinafter set forth: 1.0 Recitals. The foregoing recitals are true and accurate and are incorporated herein by reference. 2.0 Definitions. The following words and phrases contained in this Agreement shall have the meaning ascribed in this section unless the context clearly indicates otherwise: 2.1 Authorized Representative: Shall mean the City Manager or his designee who shall represent the City in the administration and supervision of the Agreement. The City Manager's designee, if any, shall be appointed in writing, and said Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 1 of 44 Attachment "A" to Ordinance No. 13-2014 appointment may be for the administration and supervision of this Agreement, in whole or in part. 2.2 Biohazardous Waste: Shall mean any solid waste or liquid waste which may present a threat of infection or disease to humans or may reasonably be suspected of harboring pathogenic organisms. The term includes, but is not limited to, non —liquid human tissue and body parts; laboratory and veterinary waste, which contain human -disease -causing agents; used or contaminated disposable sharps (e.g. hypodermic needles, syringes, broken glass, and scalpel blades), human blood, and human blood products and body fluids; and other materials which in the opinion of the Department of Health and Rehabilitative Services represent a significant risk of infection to persons outside the generating facility. 2.3 Biological Waste: Shall mean solid waste that causes or has the capability of causing disease or infection and includes, but is not limited to, Biohazardous waste, diseased or dead animals, and other waste capable of transmitting pathogens to humans or animals. 2.4 Bulk Trash: Shall mean any non -vegetative item which cannot be containerized, bagged or bundled; including, but not limited to, inoperative and discarded refrigerators, ranges, toilets, washers, dryers, bath tubs, water heaters, sinks, bicycles, car tires, and other similar appliances; household goods, and furniture and shall not be commingled with vegetative waste. 2.5 City: Shall mean the City of Cape Canaveral, a Florida Municipal Corporation located in Brevard County, Florida, acting through its City Council or Authorized Representative. 2.6 City Council: Shall mean the City Council of the City of Cape Canaveral, Florida. 2.7 City Code or Code: Shall mean the Code of Ordinances of the City of Cape Canaveral, Florida. 2.8 Collection and Disposal Service: Shall mean the process whereby refuse, bulk trash, vegetative waste, or recyclable material is collected and transported for disposal by Contractor under this Agreement to a designated facility or some other approved disposal facility. 2.9 Collection Equipment: Shall mean any vehicle or equipment that is used by Contractor to perform the collection and disposal services required by this Agreement. 2.10 Collection Vehicle: Shall mean any vehicle that is used by Contractor to perform the collection and disposal services required by this Agreement. Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 2 of 44 Attachment "A" to Ordinance No. 13-2014 2.11 Collection Regulations: Shall mean any local, state, and federal laws and administrative rules that regulate any and all aspects of collection and disposal services, as may be in existence during the term of this Agreement. 2.12 Compactor: Shall mean and include containers dumped mechanically by a collection vehicle and able to be serviced by Contractor. The type serviced by a front end loader generally ranges in size from 2-10 cubic yards. The type serviced by a roll off truck generally ranges from 15-50 cubic yards. Both units are designed to mechanically compact solid waste. 2.13 Commercial Service: Shall herein refer to the collection and disposal services provided to business establishments, churches, schools, multiple dwelling units, office buildings and other commercial establishments serviced by mechanical container and/or commercial 96 gallon cart service. Commercial Service is further defined as any service identified within Exhibit "A" other than Service Code SFR1, MHR2, and RCCM. 2.14 Commercial Trash: Shall mean any and all accumulations of paper, rags, excelsior or other packing materials, furniture, appliances, wood, cardboard boxes or containers, sweepings, and any other similar accumulation not included under the definition of garbage, generated by the operation of stores, offices, and other commercial establishments. Commercial trash shall not include special waste. 2.15 Complaint: Shall mean verbal or written indication from a customer or its Authorized Representative of a problem with any aspect of the collection and disposal services provided by Contractor pursuant to this Agreement, whether or not the problem results in a service call by Contractor. 2.16 Construction and Demolition Debris: Shall have the same meaning proscribed in 62-701.200(24), Florida Administrative Code, which at the effective date of this Agreement means: Discarded materials generally considered to be not water soluble and non- hazardous in nature, including but not limited to steel, glass, brick, concrete, asphalt material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, including such debris from construction of structures at a site remote from the construction or demolition project site. The term includes rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land development operations for a construction project; clean cardboard, paper, plastic, wood, and metal scraps from a construction project; except as provided in Section 403.707(9)(j), F.S., yard trash and unpainted, non -treated wood scraps from sources other than construction or demolition projects; scrap from manufacturing facilities that is the type of material generally used in construction projects and that would meet Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 3 of 44 Attachment "A" to Ordinance No. 13-2014 the definition of construction and demolition debris if it were generated as part of a construction or demolition project, including debris from the construction of manufactured homes and scrap shingles, wallboard, siding concrete, and similar materials from industrial or commercial facilities and de minimis amounts of other non -hazardous wastes that are generated at construction or demolition projects, provided such amounts are consistent with best management practices of the construction and demolition industries. Mixing of construction and demolition debris with other types of solid waste will cause it to be classified as other than construction and demolition debris. 2.17 Contract or Agreement: Shall mean this Contract, and any amendments, executed by the City and the Contractor or renewals from time to time, for the performance of the collection and disposal services described herein. 2.18 Contractor or Franchisee: Shall mean Waste Pro of Florida., Inc. and its directors, officers, employees, agents, contractors, and assigns. 2.19 CPI: Shall mean the Consumer Price Index All Urban Consumers, Series ID: CUURX000SAO, not seasonally adjusted, size class B/C (between 50,000 and 1,500,000), all items, base period December 1996=100, as published by the United States Department of Labor, Department of Labor Statistics. 2.20 Customer: Shall mean City and any person, establishment or entity who receives, is required to receive, or requests collection and disposal services within the service area. 2.21 Designated Facility: Shall mean a disposal processing, recovery, recycling or transfer facility designated by the Authorized Representative. 2.22 Disposal Costs: Shall mean the "tipping fees" or landfill costs charged to the Contractor by others for the disposal of solid waste collected by the Contractor in performing collection and disposal services provided hereunder. 2.23 Dispute: Shall mean a disagreement between Contractor and City concerning a question of fact, interpretation of this Agreement, Contractor's compliance and performance with the terms and conditions of this Agreement, and Contractor's level of service provided while performing collection and disposal services. A dispute does not include a disagreement concerning an annual evaluation as provided in paragraph 9.3. 2.24 E-Waste: Shall mean Electronic Waste that includes, but is not limited to, computer towers; laptop computers; keyboards, zip and external hard drives; flat screen monitors, scanners, printers, battery backup units; speakers, cables and related accessories; A/V equipment including amps, receivers, DVD, VCR, televisions, cassette and reel to reel tape players, turntables & related electrical hardware; power tools (plug-in and rechargeable); battery packs and chargers; Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 4 of 44 Attachment "A" to Ordinance No. 13-2014 communication devices (hand held & ham radios, pagers, cell phones, cordless & wired phones); rechargeable appliances (dust -busters, shavers, flashlights, small toys, fans); digital cameras, recorders, GPS units and related hardware; remote controls; electrical motors up to 3 HP; microwave ovens; all circuit boards; all Mercury -Containing Devices; i.e., fluorescent tubes and compact fluorescent bulbs; HID bulbs; thermostats, thermometers and switches. 2.25 Franchise: Shall mean an initial authorization or renewal thereof, voluntarily entered into by the Contractor and issued by the City, whether such authorization is referred to as a franchise permit, license, ordinance, resolution, agreement, or contract, which authorizes collection and disposal services within the service area. All franchises shall be presumed to be non-exclusive unless otherwise specifically authorized by City in writing. Any such authorization, in whatever form granted, shall not mean or include any franchise or permit required for the privilege of transacting and carrying on a business within the service area as required by other Code provisions and ordinances of the City. 2.26 Garbage: Shall mean all putrescible waste, which generally includes, but is not limited to, kitchen and table food waste, animal, vegetative, food or any organic waste that is attendant with or results from the storage, preparation, cooking or handling of food materials whether attributed to residential or commercial activities. Garbage shall not include special waste. 2.27 Hazardous Waste: Shall mean waste defined as hazardous waste pursuant to local, state, and federal law. 2.28 Household Trash: Shall mean the accumulation of paper, excelsior, rags, wooden or paper boxes and containers, sweepings, broken toys, tools, utensils, whole automobile tires (not to exceed an amount permitted by the designated facility), construction and demolition debris from "do-it-yourself' projects not to exceed two cubic yards per customer per collection, and all other accumulations of a similar nature other than garbage and vegetative waste, which are usual to housekeeping, "do-it-yourself' home improvements, and home occupations (as defined by City Code). 2.29 Mechanical Container: Shall mean and include plastic or metal containers 2 cubic yards and greater, dumped mechanically by a collection vehicle and able to be serviced by Contractor. 2.30 Multiple Dwelling Units: Shall mean any building containing three (3) or more permanent living units, not including motels and hotels. 2.31 Performance and Payment Bond or Letter of Credit: Shall mean the form of security approved by the City and furnished by the Contractor as required by this Contract as a guarantee that the Contractor will perform the collection and disposal services in accordance with the terms of the Contract. Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 5 of 44 Attachment "A" to Ordinance No. 13-2014 2.32 Recyclable Materials: Shall mean newspapers (including inserts), aluminum and tin cans, plastic containers (HDPE and PET), brown, clear and green glass bottles and jars, and other solid waste materials added upon written agreement between the City and the Contractor, when such materials have been either diverted from the remaining solid waste stream or removed prior to their entry into the remaining solid waste stream. 2.33 Recycling: Shall mean any process by which recyclable materials are collected, separated, and processed for purposes of extracting or reusing the raw materials contained in the recyclable materials. 2.34 Recycling Container: Shall mean a minimum fourteen (14) gallon recycling bin or larger cart used by residential customers and one or more ninety-six (96) gallon recycling carts for commercial and multiple dwelling unit customers, or other types of recycling bins approved by the Authorized Representative, to store recyclable materials for collection and disposal service. 2.35 Refuse: Shall mean commercial trash, household trash and garbage, or a combination or mixture thereof. 2.36 Refuse Container: Shall mean a heavy plastic receptacle, with a rated capacity of not more than ninety-six (96) gallons, having hinged tight -fitting lid and wheels, which is designed or intended to be used for automated or semi - automated collection. Carts will be provided by and distributed by the Contractor. Contractor shall retain ownership of the carts. 2.37 Residential: Shall mean single family detached homes, duplexes, multiple dwelling units, and mobile home/RV parks. 2.38 Residential Service: Shall mean collection and disposal services provided to persons occupying residential dwelling units, mobile homes, RV parks and multiple dwelling units not receiving commercial service under this Agreement. Residential service is further defined as services identified within Exhibit "A" with a Service Code of: SFR1, MHR2, and RCCM. 2.39 Roll -off Container: Shall mean a dumpster, which is used for the collection and disposal of construction and demolition debris or solid waste. The roll -off container may be of the open or enclosed variety and is typically hoisted onto a specially equipped truck for transporting the construction/demolition debris or solid waste to a designated facility. 2.40 Service Area: Shall mean the area within the municipal boundaries of the City of Cape Canaveral, Florida, as may be modified from time to time pursuant to Chapter 171, Florida Statutes. Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 6 of 44 Attachment "A" to Ordinance No. 13-2014 2.41 Sludge: Shall mean the accumulated solids, mixed liquids, residues, and precipitates generated from wastewater treatment, water supply treatment, air pollution control facilities, septic tanks, grease traps, privies, or similar waste disposal appurtenances. 2.42 Solid Waste: Shall mean bulk trash, refuse, vegetative waste, and recyclable materials or any combination thereof. 2.43 Special Waste: Shall mean solid wastes that require special handling and management by Contractor, and which are not accepted at the designated facility, other disposal facility, or which are accepted at the designated facility, or other disposal facility, at higher rates than is charged for refuse, including, but not limited to, asbestos, whole tires which do not constitute household trash, used oil, lead —acid batteries, and biohazardous wastes. 2.44 Transfer: Shall mean the disposal, directly or indirectly, by gift, assignment, voluntary sale, merger, consolidation or otherwise, of twenty percent (20%) or more at one time of the ownership or controlling interest of Contractor, or thirty- five percent (35%) cumulatively over the term of the Agreement of such interests to a corporation, partnership, limited partnership, trust or association, or person or group of persons acting in concert or a change in control. Transfer shall not include any transfer or assignment to a person controlling, controlled by, or under the same common control as the Contractor at the effective date of this Agreement. 2.45 Vegetative Waste: Shall mean any vegetative matter resulting from routine and normal yard and landscaping maintenance generated on site and shall include materials such as tree and shrub materials, grass clippings, palm fronds, Christmas trees, tree branches and similar vegetative matter usually produced in the care of lawns, landscaping and yards. Hired Contractors and Landscapers must haul away any vegetation debris they produce. 3.0 Grant of Franchise. There is hereby granted to Contractor an exclusive right, privilege or franchise to collect and transport for disposal of solid waste and construction and demolition debris within the service area, during the term of this Agreement and subject to the limitations and conditions as set forth in this Agreement. All rights granted to Contractor hereunder shall be subject to the continuing right of the City to regulate the City's rights -of -way and to protect the public health, safety, and welfare and shall, at the sole discretion of the City, be in the public's interest. The grant of this Franchise shall not affect the City's right to provide collection and disposal services not expressly and unambiguously provided hereunder to Contractor on an exclusive basis or during an emergency. In the event of any conflict or ambiguity hereunder as to whether a collection and disposal service is exclusively granted to Contractor, the conflict or ambiguity shall be construed as granting Contractor a non-exclusive Franchise with respect to the collection and disposal service at issue. Nothing under this Agreement Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 7 of 44 Attachment "A" to Ordinance No. 13-2014 shall be construed as providing any Franchise for collection and disposal services not expressly provided for hereunder. 4.0 Scope of Work. It is the intent of this Franchise to provide for the exclusive collection and disposal service of solid waste within the service area, with the exception of the exclusions specifically set forth in this Agreement. Contractor shall perform the collection and disposal services under the following terms and conditions, all of which shall be a material part of this Agreement: 4.1 General Requirements: Contractor shall fully comply with the following: A. Laws and Regulations. Contractor shall be familiar and comply with all collection regulations and shall be solely responsible for determining, absorbing, and adjusting to the financial and practical impact such regulations have on its operation. B. Labor, Insurance, Equipment, etc. Contractor shall provide, at its sole cost and expense, all labor, insurance, supervision, machinery, equipment, plant and office buildings, trucks, tools, equipment, and accessories necessary to perform the collection and disposal services in accordance with the level of service required by this Agreement. C. Protection of Public/Private Property and Utilities. Contractor shall conduct his work in such a manner as to avoid damage to private or public property and shall repair or pay for any damage caused by its operations, except reasonable wear and tear to roadways. Contractor shall have knowledge of all existing utilities and operate with due care in the vicinity of such utilities and shall repair or have repaired, at no additional cost to the customer or utility owner, any breakage or damage caused by its operations. D. Spillage. Contractor shall not cause any spillage of solid waste to occur upon private or public property or the rights -of -way wherein the collection and disposal service occurs. Collection and disposal service shall be performed by Contractor to avoid leaking, spilling, and blowing of solid waste. In the event of any spillage caused by Contractor, Contractor shall promptly clean up all spillage at its expense. Contractor shall maintain sufficient equipment on each collection vehicle (e.g. fork, broom, shovel) to pick up spillage. In addition, Contractor shall promptly clean up all fluid spillage from collection equipment to the maximum extent feasible and promptly notify the Authorized Representative of all such fluid spillage. E. Designated Facility. All solid waste shall be hauled to a designated facility as directed in writing by the Authorized Representative and Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 8 of 44 Attachment "A" to Ordinance No. 13-2014 disposed of at those facilities. At present, such designated facility includes the Brevard County disposal facility. F. Holidays. Contractor has the option to provide collection and disposal service on holidays observed by the City. The City shall provide a list of such holidays to the Contractor annually. Any disposal and collection service that would have been regularly provided, but for the holiday, shall be provided the next regularly scheduled pick-up day after the holiday, unless otherwise directed by the Authorized Representative in writing. Contractor shall maintain the frequency of collection required by paragraphs 4.2(A), 4.3(A), and 4.4(A) during holiday weeks. Contractor shall coordinate with Authorized Representative to inform the customers of any variance in the collection schedules resulting from a holiday at least five (5) days prior to each holiday. G. Contractor's Office. Contractor shall provide, at its sole cost and expense, a suitable office located within reasonable proximity to the service area. Within said office, Contractor shall maintain, during Contractor's normal working hours, a staff and a local telephone number where complaints and requests for collection and disposal service shall be received, recorded in a log, and handled during Contractor's normal working hours. The office shall also provide for a means to promptly handle emergency complaints and requests for service. H. Litter and Dangerous Animals. Contractor shall not be responsible for scattered solid waste which can be categorized as litter unless the same has been caused by Contractors acts or omissions, in which case, all such scattered solid waste shall be picked up immediately by Contractor. Contractor is also required to pick-up and dispose of any dead animals "road kill" found on the streets or sidewalks of the service area. Contractor shall maintain sufficient equipment on each collection vehicle (e.g. fork, broom, shovel) to pick up such scattered solid waste. Contractor shall not be required to expose themselves to the danger of being bitten by vicious dogs and animals, roaming at large, in order to accomplish collection and disposal services. However, in the event Contractor is unable to provide collection and disposal services to a customer under such conditions, Contractor shall promptly notify the Authorized Representative and customer, in writing, of such conditions and its inability to provide such collection and disposal services. Hours and Days. Except for unusual circumstances approved by the Authorized Representative in writing or as otherwise provided elsewhere in this Agreement, Contractor shall not perform collection and disposal services prior to 7:00 A.M. or after 7:00 P.M., E.S.T., Monday through Saturday. No collection and disposal services shall normally occur on Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 9 of 44 Attachment "A" to Ordinance No. 13-2014 Sundays and holidays designated in paragraph 4.1(F) unless authorized in writing by the Authorized Representative. J. Tagging Solid Waste Improperly Containerized. In the event solid waste is not containerized, bundled, or piled pursuant to this Agreement and Contractor does not perform collection and disposal services regarding such solid waste, Contractor shall tag the container, bundle, pile, or subject property with a written notice containing a brief explanation why the container, bundle, or pile was not collected and disposed of and promptly notify the Authorized Representative. The solid waste shall be collected and disposed of at the next regularly scheduled collection day, provided the solid waste is properly containerized, bundled, or piled. K. Customer Report; City Billing Database. Contractor and City agree that the monthly customer report required to be maintained and filed by Contractor pursuant to paragraph 19.3(A) is vital to keeping an accurate account of all customers receiving collection and disposal services under this Agreement and for ensuring accurate billing of customers by City. To this end, Contractor and City agree that each party must diligently maintain an accurate, up-to-date list of customers and the collection and disposal services received by those customers. The Contractor shall promptly notify the City of any new and existing Customers requesting collection and disposal services and any current Customers terminating such services. L. Site Plan/Development Review. City shall notify Contractor of pending site plan and development review applications in order to give Contractor an opportunity to comment during the review process on the placement of refuse or mechanical containers and the point of collection of solid waste. 4.2 Residential Service. Contractor shall provide residential collection and disposal service as follows: A. Frequency of Collection. Contractor shall provide collection and disposal services for household trash and garbage at least two (2) times per week, with collections at least three (3) days apart, and for bulk trash, vegetative waste, and recyclable materials not less than once per week. B. Point of Collection. Collection of household trash, garbage, bulk trash, vegetative waste, and recyclable materials shall be within five (5) feet of curbside. In the event an appropriate location cannot be agreed upon by the customer and Contractor, the Authorized Representatives shall designate the location. The Contractor and Authorized Representative shall mutually agree upon a point of collection locations for non - Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 10 of 44 Attachment "A" to Ordinance No. 13-2014 conforming service areas. For customers who are certified by a doctor as disabled and are unable to place household trash, garbage, or recyclable materials at the curb, collection shall be from the disabled customer's garage door or some other location acceptable to the customer. The refuse container and/or recycling container shall be returned by Contractor to the garage door or other location reasonably convenient to customer. C. Containers and Preparation. 1. Household Trash and Garbage. Garbage and household trash shall be placed only in carts. Contractor shall be required to provide collection and disposal services for all household trash and garbage generated from residential customers which has been properly prepared and stored in a refuse container provided under the Automated Cart Program. Customers will be responsible for associated fees set forth in Exhibit "A". 2. Recyclable Materials. Contractor shall be required to provide collection and disposal services for all recyclable materials generated from residential customers which have been properly prepared and stored in a recycling container. Customers will be responsible for associated fees set forth in Exhibit "A". 3. Vegetative Waste. Contractor shall be required to provide collection and disposal services for all vegetative waste generated from residential customers provided same are placed in a refuse container (cart) provided under the Automated Cart Program. Vegetative waste shall be segregated from the garbage and household trash which shall be placed in a separate cart. All leaves and pine needles, ornamental shrubs, clippings and tree trimmings with branches less than 3 inches in diameter making up not more than one cubic yard shall be placed in the cart. Tree limbs, tree trunks, palm fronds, etc., shall be cut in lengths of no greater than four (4) feet in length; shall be no larger than 6 inches in diameter and shall not exceed fifty (50) pounds per limb, trunk, frond, or bundle thereof. A special pick-up will be required when a "Cherry Picker, Claw or Clam" type collection vehicle is required to collect excess piles of vegetative waste in excess of the maximum length and poundage set forth in this paragraph. Unbundled piles of yard waste will be subject to a minimum 'h Claw Truck fee per pickup for less than 10 yards or full Claw Truck fee per pickup for more than 10 yards. Hired Contractors and Landscapers must haul away any vegetation debris they produce. Customers will be responsible for associated fees set forth in Exhibit "A". Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 11 of 44 Attachment "A" to Ordinance No. 13-2014 4. Bulk Trash. Contractor shall be required to provide collection and disposal services for all bulk trash generated from residential customers regardless of whether it is containerized. 5. E-Waste. Contractor will collect and dispose of electronic waste placed curbside at no additional cost. 4.3 Commercial Service. Contractor shall provide commercial collection and disposal service as follows: A. Frequency of Collection. Contractor shall provide collection and disposal services for commercial trash and garbage at least two (2) times per week for unsealed containers, and more frequently as mutually agreed to by Contractor and the commercial customer. For vegetative waste and recyclable materials (if vegetative waste and/or recyclable material service is requested by customer) not less than once per week for an additional charge (Exhibit "A" rate schedule). B. Point of Collection. Collection of commercial trash, garbage, vegetative waste, and recyclable material shall be at a location mutually agreed upon by the customer and Contractor, and approved by the Authorized Representative. If mutual agreement cannot be reached between customer and Contractor, the Authorized Representative shall designate the location. However, in the event the location was approved as part of a site plan or development review process, the location shall be as shown on the final approved site or development plan. To the maximum extent feasible, the designated location shall be located in a place that provides for safe, convenient, and expedient access by Contractor. C. Containers and Preparation. 1. Commercial Trash and Garbage. Contractor shall be required to provide collection and disposal services for all commercial trash and garbage generated by commercial customers which has been properly prepared and stored in a refuse container, mechanical container, roll -off container, or compactor under the following conditions: a. Customers shall be permitted to use refuse containers (carts) provided the amount of commercial trash and garbage per collection can be stored in a maximum of four (4) 96 gallon carts; otherwise, customers shall be required to use one or more of the following: mechanical containers, compactor service, roll -off containers. Contractor shall provide such customers with one (1) 96 gallon cart. Customers may purchase additional carts for a Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 12 of 44 Attachment "A" to Ordinance No. 13-2014 fee and shall pay the monthly service rate as set forth in Exhibit "A". b. Contractor shall be required to provide an adequate number of mechanical containers, compactors, or roll -off containers to customers who request or exceed the maximum number of refuse containers. Mechanical containers and roll -off containers shall be provided at Contractor's sole expense and shall remain the property of Contractor, unless the mechanical container or roll -off container is owned by the customer. Compactors shall be provided as mutually agreed to by Contractor and customer. Customer shall be responsible for associated fees as set forth in Exhibit "A". c. Contractor shall deodorize commercial front load and roll - off containers on an as -need basis. The City reserves the right to request specific containers be deodorized. Further, commercial front load containers which would normally contain food waste or other waste subject to decay shall be disinfected each time emptied. d. Restaurant containers will be inspected monthly by Contractor. Containers will be painted on a yearly basis or more often, if necessary. e. Contractor will create and implement a replacement and maintenance schedule for all mechanical containers, compactors and roll -off containers provided to City customers. The schedule will be subject to review and approval by the Authorized Representative. At a minimum, the schedule will provide for replacement and yearly maintenance. Contractor shall keep a log of yearly maintenance and provide same to Authorized Representative upon request. 2. Recyclable Materials. Contractor shall provide collection and disposal services for recyclable materials generated from commercial customers who specifically request such service or as required by the City. If requested, recyclable materials shall be properly prepared and stored in a recycling container. Customers will be responsible for associated fees set forth in Exhibit "A". 3. Vegetative Waste. Contractor shall be required to provide collection and disposal services for all vegetative waste generated from commercial customers who specifically request such service Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 13 of 44 Attachment "A" to Ordinance No. 13-2014 and pay associated fees set forth in Exhibit "A". Vegetative waste shall be placed in a refuse container (cart) provided under the Automated Cart Program. Vegetative waste shall be segregated from the garbage and household trash which shall be placed in a separate cart. All leaves and pine needles, ornamental shrubs, clippings and tree trimmings with branches less than 3 inches in diameter making up not more than one cubic yard shall be placed in the cart. Tree limbs, tree trunks, palm fronds, etc., shall be cut in lengths of no greater than four (4) feet in length, shall be no larger than 6 inches in diameter and shall not exceed fifty (50) pounds per limb, trunk, frond, or bundle thereof. A special pick up will be required when a "Cherry Picker, Claw or Clam" type collection vehicle is required to collect excess piles of vegetative waste in excess of the maximum length and poundage set forth in this paragraph. Unbundled piles of vegetative waste will be subject to a minimum '/z Claw Truck fee per pick up for less than 10 yards or full Claw Truck fee per pick up for more than 10 yards. Hired Contractors and Landscapers must haul away any vegetative debris they produce. 4.4 Multiple Dwelling Units. Contractor shall provide collection and disposal service as follows: A. Frequency of Collection. Contractor shall provide collection and disposal services for household trash and garbage at least two (2) times per week, with collections at least three (3) days apart, and for bulk trash, vegetative waste and recyclable materials not less than once per week. B. Point of Collection. Collection of household trash, garbage, bulk trash, vegetative waste, and recyclable materials shall be at a location mutually agreed upon by the customer and Contractor, and approved by the Authorized Representative. If mutual agreement cannot be reached between customer and Contractor, the Authorized Representative shall designate the location. However, in the event the location was approved as part of a site plan or development review process, the location shall be as shown on the final approved site or development plan. To the maximum extent feasible, the designated location shall be located in a place that provides for safe, convenient, and expedient access by Contractor. C. Containers and Preparation. 1. Household Trash and Garbage. Contractor shall be required to provide collection and disposal services for all household trash and garbage generated by multiple dwelling units which has been Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 14 of 44 Attachment "A" to Ordinance No. 13-2014 prepared and stored in a refuse container, mechanical container, or compactor under the following conditions: a. The multiple dwelling unit customer shall be permitted to use refuse Containers provided the amount of household trash and garbage per collection can be stored in a maximum of four (4) 96 gallon refuse containers; otherwise, customers shall be required to use mechanical containers or compactor service. b. Contractor shall be required to provide an adequate number of mechanical containers or compactors to customers who request or exceed the maximum number of refuse containers. Mechanical containers shall be provided at Contractor's sole expense and shall remain the property of Contractor, unless the mechanical container is owned by the customer. Compactors shall be provided as mutually agreed to by Contractor and customer. Customer will be responsible for associated fees set forth in Exhibit "A". c. Contractor shall deodorize commercial front load and roll off containers on an as -need basis. The City reserves the right to request specific containers be deodorized. Further, commercial front load containers which would normally contain food waste or other waste subject to decay shall be disinfected each time emptied. Customer will be responsible for associated fees set forth in Exhibit "A". 2. Recyclable Materials. Contractor shall be required to provide collection and disposal services for all recyclable materials generated from multiple dwelling unit customers which have been properly prepared and stored in a recycling container. Customer will be responsible for associated fees set forth in Exhibit "A". 3. Vegetative waste. Contractor shall be required to provide collection and disposal services for all vegetative waste generated from multiple dwelling unit customers who specifically request such service and pay associated fees set forth in Exhibit "A". Multifamily dwelling units receiving residential service shall place vegetative waste in a refuse container (cart) provided under the Automated Cart Program. Vegetative waste shall be segregated from the garbage and household trash which shall be placed in a separate cart. All leaves and pine needles, ornamental shrubs, clippings and tree trimmings with branches less than 3 inches in diameter making up not more than one cubic yard shall be placed in the cart. Tree limbs, tree trunks, palm fronds, etc., Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 15 of 44 Attachment "A" to Ordinance No. 13-2014 shall be cut in lengths of no greater than four (4) feet in length, shall be no larger than 6 inches in diameter and shall not exceed fifty (50) pounds per limb, trunk, frond, or bundle thereof. A special pick-up will be required when a "Cherry Picker, Claw or Clam" type collection vehicle is required to collect excess piles of vegetative waste in excess of the maximum length and poundage set forth in this paragraph, or if multifamily dwelling unit is receiving commercial service. Unbundled piles of vegetative waste will be subject to a minimum I/2 Claw Truck fee per pickup for less than 10 yards or full Claw Truck fee per pickup for more than 10 yards. Hired Contractors and Landscapers must haul away any vegetative debris they produce. 4. Bulk Trash. Contractor shall be required to provide collection and disposal services for bulk trash generated from multiple dwelling unit customers regardless of whether it is containerized. 5. E-Waste. Contractor will collect and dispose of electronic waste at no additional cost. 4.5 City Controlled Property. As per Exhibit `B" and as requested, excluding sludge removal, by the Authorized Representative, Contractor shall provide collection and disposal services for all refuse, bulk trash, vegetative waste, and recyclable materials generated by City at properties owned, leased, or otherwise controlled by City. In addition, Contractor shall provide such collection and disposal services for any and all City sponsored special events as agreed to by City and Contractor, and for all City public receptacles located along or in public rights -of -way, sidewalks, beaches, and public recreational facilities. Such collection and disposal services shall be at no charge or expense to City. A. Frequency of Collection. Unless otherwise directed by the Authorized Representative in writing, Contractor shall provide collection and disposal services for refuse at least two (2) times per week, with collections at least three (3) days apart, and for bulk trash, vegetative waste, and recyclable materials not less than once per week. B. Point of Collection. Collection of refuse, bulk trash, vegetative waste, and recyclable materials shall be at locations designated by the Authorized Representative, with consideration given for the safe, convenient, and expedient access by Contractor. C. Containers and Preparation. 1. Refuse. Contractor shall provide collection and disposal services for refuse generated by City which has been properly prepared and stored in a refuse container or mechanical container as Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 16 of 44 Attachment "A" to Ordinance No. 13-2014 determined by the Authorized Representative. Contractor shall provide the mechanical container at Contractor's expense. 2. Recyclable Materials. Contractor shall provide collection and disposal services for all recyclable materials generated by City which have been properly prepared and stored in a recycling container or other container mutually agreed to by the Authorized Representative and Contractor. 3. Vegetative Waste. Contractor shall provide collection and disposal services for all vegetative waste generated by City provided the vegetative waste is containerized in a refuse container. Vegetative waste shall be segregated from the garbage and household trash which shall be placed in a separate container. Notwithstanding, Contractor and City may mutually agree to some other method of preparation and storage for City projects which generate significant amounts of vegetative waste. 4. Bulk Trash. Contractor shall provide collection and disposal services for all bulk trash generated by City regardless of whether it is containerized. 5. E-Waste. Contractor will collect and dispose of electronic waste at no cost. 4.6 Biohazardous, Biological, Hazardous, Sludge, and Special Waste. Contractor shall not be responsible for collection and disposal services for biohazardous waste, biological waste, hazardous waste, sludge, and special waste under this Agreement. However, to the extent qualified and licensed, Contractor may contract with persons and entities within the service area, along with other qualified and licensed contractors, to provide for such collection and disposal services. Contractor shall directly bill such persons and entities for such services at a rate mutually agreed on between Contractor and such persons and entities. 4.7 Construction and Demolition Debris Service. Contractor shall provide collection and disposal service of construction and demolition debris to residential, multiple dwelling units, and commercial customers as follows: A. Exclusive Right. Contractor shall have the exclusive right to provide collection and disposal services for construction and demolition debris utilizing roll -off containers, as that term is defined in paragraph 2.39 of this Agreement, or other appropriate containers. Contractor shall directly bill such services at a rate listed in Exhibit "A". Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 17 of 44 Attachment "A" to Ordinance No. 13-2014 1. Exclusion. Contractors hauling their own construction and demolition debris are excluded from this provision, provided they use a dump truck or trailer owned by the Contractor. B. Frequency of Collection. Contractor shall provide collection and disposal services for construction and demolition debris utilizing roll -off containers or other appropriate containers to customers that specifically request such service or as required by City. Said collection and disposal services shall be provided as frequently as mutually agreed to by Contractor and the customer or as required by the Authorized Representative or City Code to protect the public health, safety, and welfare. C. Point of Collection. Collection of construction and demolition debris shall be at a location mutually agreed upon by the customer and Contractor; collection shall be located within the boundary of the property served, unless otherwise approved by the Authorized Representative. D. Containers and Preparation. Contractor shall provide one or more roll - off containers or other appropriate containers of a size and number mutually agreed to by Contractor and customer. 4.8 Code Enforcement. Upon request of the Authorized Representative, Contractor shall assist the City in its code enforcement efforts by providing collection and disposal service of solid waste and construction and demolition debris located on real property in violation of the City Code. 4.9 Automated Cart Program Contractor has the capability of providing certain automated equipment which may be utilized in conjunction with a toter cart program for garbage and vegetative waste collection ("Automated Cart Program"). Contractor shall implement the Automated Cart Program pursuant to operational terms and conditions negotiated with the City, provided that same shall not result in an increase in total cost to the City. The Contractor shall be responsible for the purchase, distribution, and repair of carts that have been damaged and shall distribute one (1) or two (2) 96 gallon carts to each residential unit depending upon the customer's waste generation requirement. Those customers with minimal waste volumes may select one (1) 64 gallon cart. Contractor shall maintain, at all times, a sufficient number of carts to ensure that all extra or replacement carts can be provided within five work days upon notification by the City or the customer. Contractor shall distribute fully assembled carts to new residential units that are added during the term of this contract. Carts that have been lost or damaged due to customers' abuse or negligence shall be repaired or replaced, at the expense of the customer; if replaced, utilizing the then current cost of the cart. Customer may purchase a Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 18 of 44 Attachment "A" to Ordinance No. 13-2014 third cart for a charge as set forth in Exhibit "A". Those seeking changes in cart size will be charged $25.00 delivery charge for each such change. 4.10 Tire Collection Contractor shall provide weekly tire collection and disposal services to residential customers at no additional charge, provided no more than four (4) tires per household, per year. 5.0 Rates and Charges Compensation to Contractor. 5.1 Rates; Compensation to Contractor. For collection and disposal Services provided under this Agreement, City shall pay Contractor fees/rates collected in accordance with the schedule attached hereto and fully incorporated herein as Exhibit "A". A. Code Enforcement. Upon request of the Authorized Representative, Contractor shall provide solid waste, construction and demolition debris collection and disposal service to City for code enforcement related matters at no charge to the City. B. Compactor Service. Rates are set forth in Exhibit "A" for compactor service provided pursuant to this Agreement. C. Residential, Mobile Home, Multiple Dwelling, Commercial and Special Vegetative Waste Services. Vegetative waste collection and disposal service shall be charged an amount as set forth in Exhibit "A". Customers who are required to have special vegetative waste services, which by virtue of its size or weight exceeds routine and normal yard and landscaping maintenance generated on site, shall be charged an amount as set forth in Exhibit "A" in addition to monthly service fees. Hired Contractors and Landscapers must haul away any vegetative debris they produce. 5.2 Billing Customers by City. Customer billing shall be established and enforced by City Code. The City shall provide the customer billing for all collection and disposal services provided by Contractor under this Agreement, unless otherwise specifically stated herein. City shall perform said billing by means and at times deemed appropriate by City. Contractor shall fully cooperate with City in customer billing. Contractor and City acknowledge that the City currently contracts with the City of Cocoa to bill Contractor's services Billing fees are passed along to the customer and remitted directly to the City of Cocoa. The Contractor will not be charged a billing fee. 5.3 Billing and Payment Procedure. Unless otherwise provided by the Authorized Representative, customer billing and payment to Contractor shall be in accordance with the following procedure: Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 19 of 44 Attachment "A" to Ordinance No. 13-2014 A. Unless otherwise specifically provided in this Agreement or mutually agreed to by the City and Contractor in writing, the City shall provide Customer billing for collection and disposal services provided under this Agreement. Contractor shall, however, provide Customer billing when special rates and services apply and for roll -off services. B. The Contractor shall certify to the City on the third Friday of each month the number and size of all Customers and containers. The City shall reconcile Contractor's information with the City's records. The City and Contractor shall make appropriate adjustments to their respective billing and service data records to reflect those customers and services that should be billed based on the City's reconciliation. C. City shall submit to the Contractor a monthly statement for collection and disposal services rendered under this Agreement for the preceding month. The statement shall be in a format reasonably requested by the Contractor. The Contractor shall verify the customer services and amounts on the statement and shall make appropriate adjustments to City's statement invoice to reflect any errors contained therein. City shall not be responsible or liable if Contractor fails to properly verify the data on the statement. D. By the 25th of the following month of receipt of City's monthly statement, City shall pay Contractor the amount collected for the preceding month, including the fees for wheel and lock bar services for dumpsters. The City shall provide a listing each month of all accounts with outstanding fees and the Contractor shall have the option to discontinue service for non-payment for any account sixty-five (65) days overdue. The Contractor shall have the option to discontinue wheel and lock bar services for any account thirty-five (35) or more days overdue. Contractor shall be entitled to charge a $75.00 fee to reestablish wheel and lock bar services if services were discontinued due to late payment. City shall assist Contractor by all legal means in collection effort for outstanding fees. 5.4 Franchise Fee. A Franchise Fee of $100,000 per year shall be considered payment to the City in exchange for the exclusive rights and privileges granted by this Franchise. The Franchise Fee shall not be passed along to the customer. The Fee shall cover all services provided and revenues received under this contract regardless of whether billed by the City or the Contractor. The Fee shall become effective January 1, 2015. The Fee shall increase annually by the CPI increase noted in 5.5a. Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 20 of 44 Attachment "A" to Ordinance No. 13-2014 5.5 Contractor's Petition for a Rate Adjustment. a. The rates in paragraph 5.1 shall be annually adjusted by the CPI, as defined in section 2.19, pursuant to the following mathematical formula: New Rate = [CPI 2 — CPI 1] +1 x Current Rate CPI 1 "CPI 1" is the published CPI for the month of August of the preceding year. "CPI 2" is the published CPI for the month of August of the year in which the rate is being adjusted. Since the August CPI is not available until late September, all changes to the rates in Exhibit "A" will be all bills dated after January 1st of the following year. Adjustments to the rates made in accordance with this subsection are intended to reflect changes in the purchasing power of a given amount of money expressed in dollars. If CPI 1 and CPI 2 are not expressed in relation to the same base period or if a material change is made in the method of establishing the CPI, the City and the Contractor shall make an appropriate statistical adjustment or conversion. If the CPI is discontinued, the City and the Contractor shall mutually select another index published by the United States Government or by a reputable publisher of financial and economic indices. b. Additionally, the Contractor may petition the City to adjust the rates in Exhibit "A" based upon unusual and unanticipated increases in the cost of doing business including, but not limited to, a change in any collection regulation or fees. Any such request shall be supported by full documentation establishing the increase in operating costs and the reasons therefor. The City shall be entitled to audit the Contractor's financial and operational records directly related to the Contractor's request in order to verify the increase in costs and the reasons therefor by a Third Party, at the cost of Contractor. The Contractor's request must be made within a reasonable time, and shall contain reasonable proof and justification to support the need for the rate adjustment. The City may request from the Contractor, and the Contractor shall provide, such further information within its possession as may be reasonably necessary in making its determination. The City shall approve or deny the request (without penalty), in whole or in part, at its sole and absolute discretion, within sixty (60) days of receipt of the request and all other additional information required by the City. If such Adjustment is granted, the City shall have ninety (90) days after approval to start billing. Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 21 of 44 Attachment "A" to Ordinance No. 13-2014 6.0 Schedules and Routes. Contractor shall provide written notice to the City of its collection and disposal routes and schedules. The City reserves the unconditional right to deny Contractor's vehicles access to any street, alley, bridge, beach, or public way within the service area while performing collection and disposal services under this Agreement, where the City determines that it is in the best interests of the public health, safety, and welfare to do so, because of the conditions of the streets, alleys, bridges, beaches, or public ways. However, Contractor shall not interrupt the regular schedule and level of service because of such closures of less than eight (8) hours in duration. The City shall notify Contractor of any such closures of longer duration, and arrangements shall be made in a manner acceptable to Contractor and the Authorized Representative for the collection and disposal services interrupted by the closure. Customers shall be notified in writing by Contractor of the schedules provided by Contractor and any amendments thereto, provided customers shall be given at least seven (7) days prior written notice of any such amendments. Any and all route and schedule changes must receive prior approval by the Authorized Representative and schedule changes shall be announced per City established media. 7.0 Collection Equipment and Vehicles. Contractor shall provide collection equipment for the collection and disposal services as follows: 7.1 Type and Amount. Contractor shall have on hand, at all times under this Agreement, collection equipment that is in good working order and sanitary condition that will permit Contractor to perform the collection and disposal services in a sufficient and efficient manner so that the schedules and routes can be maintained. Collection equipment shall be obtained from a nationally known and recognized manufacturer of collection equipment. Collection vehicles shall be of the enclosed packer type or other type vehicle which meets industry standards and is approved by the Authorized Representative. 7.2 Condition. All collection equipment shall be maintained in a reasonable and safe working condition, in good repair, appearance, sanitary and clean. Contractor shall spray all mechanical containers with disinfectant every thirty (30) days. Collection equipment shall be painted uniformly with the Contractor's name, telephone number and collection vehicle number in letters not less than three (3) inches high on each side of the collection vehicle. Contractor shall keep an accurate record of the vehicle to which each number is assigned. Advertising on collection vehicles is prohibited, except for advertisements promoting City sponsored special events. Collection vehicles will be personalized for the City of Cape Canaveral. 7.3 Overloading. Collection vehicles shall not be overloaded by Contractor so as to cause litter or spillage; however, if litter or spillage occurs because of overloading it shall be picked up immediately as required by paragraphs 4.1(D) and (H). Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 22 of 44 Attachment "A" to Ordinance No. 13-2014 7.4 Back-up Equipment. Contractor shall maintain sufficient back-up collection equipment, which shall satisfy the condition requirements of paragraph 7.2. of this Agreement, to temporarily replace collection equipment that is in a state of disrepair or is inoperable at any time during Contractor's performance of the collection and disposal services pursuant to this Agreement. The back-up collection equipment shall be put into service within a reasonable time without interruption of collection and disposal services. Such back-up collection equipment shall correspond in size and capacity to the collection equipment ordinarily used by Contractor in the performance of collection and disposal services under this Agreement. 8.0 Contractor's Personnel. Contractor shall fully comply with the following terms and conditions regarding Contractor's personnel: 8.1 Contractor's Representative. Contractor shall appoint a representative to administer and manage this Agreement on Contractor's behalf as required by paragraph 26.0 of this Agreement. 8.2 Other Personnel. Contractor shall provide a sufficient number of qualified persons to provide the collection and disposal services. All persons who are given supervisory authority by Contractor shall be made available to the Authorized Representative for consultation within a reasonable and practicable time after Contractor receives notice from the Authorized Representative that a consultation is being requested. Supervisors shall operate a collection vehicle that is equipped with a communication device. 8.3 Conduct of Personnel. Contractor shall require/ensure that its personnel serve all customers in a courteous, helpful, and impartial manner. Contractor's personnel shall perform collection and disposal services while using existing sidewalks and driveways when on private and public property. Contractor personnel shall observe all no trespassing signs and not cross between neighboring properties unless the customer, or customers in the case of neighboring properties, has expressly given said personnel permission. Contractor's personnel shall perform all collection and disposal services with due care, always taking reasonable precautions/steps to avoid damaging real and personal property including, but not limited to, refuse containers, recycling containers, carts, racks, trees, shrubs, flowers, and similar property. Contractor is liable for all such damage caused by Contractor's personnel and shall promptly provide sufficient and appropriate compensation, repair or replacement (the choice of which is at its discretion) to customers for such damage. 8.4 Uniform Regulations. Contractor agrees that identification of Contractor's personnel while performing collection and disposal services is important to the customer's health, safety, and welfare. Consequently, Contractor's personnel performing collection and disposal services shall wear a uniform or shirt bearing Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 23 of 44 Attachment "A" to Ordinance No. 13-2014 the Contractor's name. Lettering stitched on or identifying patches permanently attached to the uniform or shirt is acceptable. 8.5 Labor and Employment Laws. Contractor shall comply with all applicable local, state, and federal labor and employment laws affecting its personnel. 8.6 Informing Personnel of Responsibilities. Contractor shall take whatever steps it deems necessary to fully inform its personnel about the terms, conditions, and responsibilities required under this Agreement. City shall not be responsible for informing Contractor's personnel of said terms, conditions, and responsibilities. Contractor shall provide operating and safety training to its personnel. 8.7 Driver's License. All Contractor's personnel who drive a collection vehicle while performing collection and disposal services shall at all times have and carry a valid Florida commercial driver's license for the type of vehicle being driven. 8.8 Drug Free Workplace. Contractor shall maintain a drug free workplace policy. If requested by City, Contractor shall provide documentation certifying to the City it is a drug free workplace. 8.9 Temporary Labor. Contractor shall not utilize temporary labor in providing collection and disposal services to the City under the Solid Waste Agreement. All labor used shall be on Contractor's payroll. 8.10 Supervision. On a daily basis, Contractor will have a supervisor ride the streets in the City to address collection and disposal issues as they arise. During collection days, supervisor will be responsible for collecting car tires, e-waste and materials that are not collected by the regular collection vehicles. 9.0 Level of Service; Customer Complaints; Annual Evaluation by City. 9.1 Level of Service. Contractor acknowledges and agrees that the continuation of this Franchise depends on Contractor consistently providing a high quality, efficient level of collection and disposal services to all customers. To ensure such services are provided in such a manner, Contractor's performance shall be evaluated, on an annual basis, pursuant to the procedure established in paragraph 9.3 of this Agreement and based on the following review criteria: A. The number of complaints received pursuant to paragraph 9.2 herein and Contractor's performance in resolving the complaints in a professional and expedient manner. B. Contractor's responsiveness to direction given by the Authorized Representative. Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 24 of 44 Attachment "A" to Ordinance No. 13-2014 C. The number of times that Contractor had to pay liquidated damages pursuant to paragraph 25.0 herein. D. Contractor's participation in community meetings sponsored by City and Contractor's performance in resolving complaints received at those meetings in a professional and expedient manner. E. Contractor's financial viability to continue performing the collection and disposal services required by this Agreement. 9.2 Customer Complaints. It is the intent of this Agreement to ensure that the Contractor provides a high quality level of collection and disposal services to all customers. To this end, failures to provide collection and disposal services to customers, or failures observed by the Authorized Representative, and reported to the Contractor shall promptly be resolved pursuant to the provisions of this Agreement. All customer complaints should be made to the Authorized Representative and will be forwarded to the Contractor by person, telephone, in writing by mail or facsimile when received, whether directly from the Customer or forwarded from the Authorized Representative. The Contractor shall record complaints on a form approved by the Authorized Representative and shall take appropriate steps to resolve the complaint in a professional and expedient manner. Any complaints received by the Contractor before 12:00 noon shall be resolved before 5:00 p.m. of that same day. Complaints received after 12:00 noon shall be resolved before 12:00 noon of the following day. The Contractor shall make contact with the customer complainant, within the above times, for all complaints related to collection and disposal services. The Contractor shall notify the Authorized Representative within twenty-four (24) hours of the action taken to resolve the complaint. If the complaint involves a claim of damage to private or public property caused by Contractor during the performance of collection and disposal services, the Contractor shall within twenty-four (24) hours provide the Authorized Representative with a full written explanation of said complaint, an estimate of the damage, and Contractor's proposed. 9.3 Annual Evaluation Procedure. Contractor's performance shall be annually evaluated by City's Authorized Representative under the following procedure: A. Upon or soon after the occurrence of each annual anniversary date of this Agreement, the Authorized Representative shall conduct and prepare a written annual evaluation of Contractor's performance in providing the collection and disposal services under this Agreement ("Evaluation"). The Evaluation shall be based on the level of service criteria set forth in paragraph 9.1 herein. For each criteria the Authorized Representative shall evaluate and grade Contractor's performance as unacceptable, needs improvement, acceptable, good or exceptional. If Contractor receives a less than acceptable grade, the Authorized Representative shall provide Contractor a written explanation of why Contractor's performance was Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 25 of 44 Attachment "A" to Ordinance No. 13-2014 unacceptable and Contractor shall be given a reasonable period of time, as determined by the Authorized Representative, to bring its level of performance up to levels acceptable to the Authorized Representative. B. At the City Manager's discretion, the Evaluation, the aforesaid explanation, and other relevant documents shall be delivered to the City Council for consideration at a public meeting. At the meeting, the Authorized Representative and Contractor shall have the opportunity to explain their positions and the City Council shall then determine whether this Franchise should continue under conditions determined by the City Council or be terminated, without penalty, pursuant to paragraph 14.1(H) herein. 10.0 Authorized Representative's Interpretation and Decision. Any dispute between the City and Contractor, which cannot be disposed of by mutual consent between the parties within a reasonable period of time ("Impasse"), shall be ultimately decided by the Authorized Representative. At such time the Authorized Representative declares an Impasse, he shall have thirty (30) days to decide the Impasse issue, unless additional time is reasonably needed. All such decisions shall be reduced to writing by the Authorized Representative and delivered to Contractor within three (3) business days of said decision. All such written decisions shall contain a sufficient explanation, as may be deemed necessary by the Authorized Representative, to explain the decision. The decision shall be final and binding on both parties unless appealed to the City Manager. Within three (3) business days of the Authorized Representative's decision, Contractor may appeal said decision to the City Manager who will hear and decide the appeal The City Manager's decision shall be binding and final. Failure to file an appeal within said time period shall result in a waiver of the right to appeal. Pending the decision, Contractor shall proceed diligently with the performance of the collection and disposal services in accordance with this Agreement and any preliminary directions of the Authorized Representative. 11.0 Other City Permits. For collection and disposal services not exclusively provided by Contractor under this Agreement, Contractor shall obtain all permits required by City Code to provide said services. 12.0 Performance Bond Alternatives. 12.1 Performance Bond. The Contractor shall obtain and maintain during the entire term of this Agreement and any extensions and renewals thereof, at its cost and expense, and file with the City a corporate surety bond in the amount of Five Hundred Thousand Dollars ($500,000.00) to guarantee faithful performance by the Contractor of all of its obligations required under this Agreement and the City Code (hereinafter referred to as "Bond" or "Performance Bond"). Such bond must be issued by a surety with an A- or higher rating. Alternatively, the Contractor shall obtain and continuously maintain an unexpired Irrevocable Letter of Credit, which shall at all times be in the possession of the City. The Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 26 of 44 Attachment "A" to Ordinance No. 13-2014 form and contents of such performance bond or letter of credit shall be acceptable to the City. The Letter of Credit or Performance Bond shall be released only upon expiration of the Agreement or upon replacement by a successor Contractor. 12.2 Conditions. The performance bond or letter of credit shall be issued upon the following conditions: A. The performance bond shall be issued by a surety approved by City and licensed and authorized to do business as a surety in the State of Florida and has an A- or higher rating The irrevocable letter of credit shall be issued by a bank or savings and loan association acceptable to the City, authorized to do business in this State by either the State of Florida Comptroller or the United States government. The letter of credit shall name the City as the beneficiary. B. There shall be recoverable by the City jointly and severally from the principal and surety or the financial institution that has issued the letter of credit, any and all fines and liquidated damages due the City and any and all damages, losses, costs, and expenses suffered or incurred by the City resulting from the failure of the Contractor to: faithfully comply with the provisions of the City Code and this Agreement; comply with all orders, permits and directives of any City agency or body having jurisdiction over its acts or defaults; pay any claims, liens, fees, or taxes due the City which arise by reason of the collection and disposal services provided under this Agreement. Such losses, costs and expenses shall include, but not be limited to attorney's fees and other associated expenses. C The total amount of the bond or letter of credit shall be forfeited as a liquidated damage paid to the City in the event: 1. Contractor abandons, or cancels with less than one hundred - eighty (180) days written notice to City, its obligations and responsibilities to perform the collection and disposal services required under this Franchise, prior to the expiration of the term of the Agreement. 2. Contractor assigns this Agreement without the express written consent of the City. 3. This Agreement is terminated by reason of the default of the Contractor. Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 27 of 44 Attachment "A" to Ordinance No. 13-2014 12.3 Reduction of Bond/Letter of Credit. Upon written application by the Contractor, the City may at its sole option, permit the amount of the bond or letter of credit to be reduced for the term of this Agreement or periods of time, when it is determined by the City to be in the public interest. Upon written application by the Contractor, the City may, at its sole option, permit the terms of the requirements of the performance bond/letter of credit to be altered for the term of this Agreement or periods of time, when it is determined by the City to be in the public interest. 12.4 Use of Bond and Letter of Credit. Prior to drawing upon the letter of credit or the bond for the purposes described in this section, the City shall notify Contractor in writing that payment is due, and the Franchisee shall have thirty (30) days from the receipt of such written notice to make payment. If the Contractor does not make the payment within thirty (30) days or demonstrate reasons acceptable to the City why such action should not be taken, the City may withdraw the amount thereof, with interest and penalties, from the letter of credit or the bond. Within three (3) business days of a withdrawal from the letter of credit or bond, the City shall send to the Contractor, by certified mail, return receipt requested, written notification of the amount, date and purpose of such withdrawal. 12.5 Replenishment of Letter of Credit and Performance Bond. No later than thirty (30) days, after mailing to the Contractor by certified mail notification of a withdrawal pursuant to paragraph 12.4 above, the Contractor shall replenish the letter of credit and/or performance bond in an amount equal to the amount so withdrawn. Failure to make timely replenishment of such amount to the letter of credit and/or performance bond shall constitute a failure of the Contractor to faithfully comply with the provisions of this Agreement. 12.6 Non -renewal, Alteration, or Cancellation of Letter of Credit or Performance Bond. The performance bond and letter of credit required herein shall be in a form satisfactory to the City which approval shall not be unreasonably withheld and shall require thirty (30) days written notice of any non -renewal, alteration or cancellation to both the City and the Contractor. The Contractor shall, in the event of any such cancellation, alteration, or non -renewal notice, obtain, pay all premiums for, and file with the City, written evidence of the issuance of replacement bond or policies within thirty (30) days following receipt by the City or the Contractor of any notice of cancellation, alteration, or non -renewal. 12.7 Inflation. At the sole discretion of the City, to offset the effects of inflation, the amount of the bond or letter of credit provided for herein is subject to annual increases at the end of every year provided the amount of the bond or letter of credit shall not exceed fifty percent (50%) of the total amount paid Contractor by City pursuant to paragraph 5.0 for the year previous to the increase. Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 28 of 44 Attachment "A" to Ordinance No. 13-2014 12.8 Default. The performance bond and letter of credit provided pursuant to this section shall become the property of the City in the event that this Agreement is canceled or terminated by reason of default by the Contractor. 12.9 Right to Require Replacement of Bonds or Letter of Credit. If the City becomes aware of the financial condition of any bonding or financial institution issuing a performance bond or letter of credit as required herein and said financial condition is reasonably deemed by the City to jeopardize the collateral posted with the City, the City may require such bond or letter of credit be replaced with such other bond or letter of credit consistent with the requirements set forth in this section. 13.0 Transfer of Ownership or Control. 13.1 Transfer of Franchise. This Agreement shall not be sold, transferred, leased, assigned or disposed of including, but not limited to, by forced or voluntary sale, merger, consolidation, receivership or other means without the prior written consent of the City, and then only under such reasonable conditions as the City may establish which may include, but not be limited to, financial guarantees to the collection and disposal services. 13.2 Transfer Threshold. The Contractor shall promptly notify the City of any actual or proposed change in, or transfer of, or acquisition by any other party of control of the Contractor. 13.3 City Approval. Every transfer shall make this Agreement subject to cancellation unless and until the City shall have consented thereto in writing. For the purpose of determining whether it may consent to such transfer, the City may inquire into the legal, financial, character, technical, and other public interest qualifications of the prospective transferee or controlling party, and the Contractor shall assist the City in obtaining all required information. Failure to provide all reasonable information requested by the City as part of said inquiry shall be grounds for denial of the proposed transfer. 13.4 Signatory Requirement. Any approval by the City of transfer of ownership shall be contingent upon the prospective assignee becoming a signatory to this Agreement. 13.5 Administrative Fee. Upon approval of the transfer of ownership an administrative fee of $25,000.00 shall be paid to the City. 14.0 Forfeiture or Termination. 14.1 Grounds for Revocation. The City reserves the right to terminate this Agreement, without penalty, and rescind all rights and privileges associated with Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 29 of 44 Attachment "A" to Ordinance No. 13-2014 the Franchise in the following circumstances, each of which shall represent a default and breach of this Agreement: A. Contractor defaults in the performance of any of the material obligations to provide collection and disposal services under this Agreement or the City Code; B. Contractor fails to provide or maintain in full force and effect the liability and indemnification coverage or the performance bond (or alternative letter of credit) as required herein; C. Contractor violates any material provisions of any orders or rulings of any regulatory body having jurisdiction over the Contractor relative to this Agreement and any regulatory ordinance of the City, and Contractor fails to begin cure within five business (5) days of notice from the City to complete cure within a reasonable time after notice, as determined by the City; D. Contractor practices or engages in any fraud upon the City or any customer; E. Contractor's gross negligence, as defined by general law, in maintaining any of the level of service standards required in this Agreement; F. Contractor becomes insolvent, unable/unwilling to pay its debts or is adjudged bankrupt; G. Contractor fails to provide collection and disposal service throughout the service area if a disruption of such service occurs pursuant to paragraph 24.0 of this Agreement, unless approval of such disruption is obtained from the City; H. Contractor fails to satisfy the level of service annual evaluation conducted pursuant to paragraph 9.3 of this Agreement; or I. Contractor provided a material misrepresentation of fact in the application for or negotiation of the Franchise granted under this Agreement or any extension or renewal thereof. 14.2 Effect of Circumstances. Contractor shall not be declared at fault or be subject to any sanction under any provision of this Agreement in any case, in which performance of any such provision is prevented for reasons beyond the Contractor's control. For the purposes of this Agreement, causes or events beyond the Contractor's control shall include, without limitation, acts of God, floods, earthquakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, restraints imposed by Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 30 of 44 Attachment "A" to Ordinance No. 13-2014 order of a governmental agency or court. A fault shall not be deemed to be beyond the Contractor's control if committed by a corporation or other business entity in which the Contractor holds a controlling interest whether held directly or indirectly, when such fault is due to Contractor's financial inability to perform or comply, economic hardship, or misfeasance, malfeasance or nonfeasance by any of the Contractor's directors, officers, employees, contractors or agents. 14.3 Effect of Pending Litigation. Pending litigation or any appeal to any regulatory body or court having jurisdiction over the Contractor shall not excuse the Contractor from performance of its obligations under this Agreement, unless specifically provided for by court order or by the regulatory body having jurisdiction over such matters. Failure of the Contractor to perform such obligations because of pending litigation or petition may result in forfeiture or revocation pursuant to the provisions of this Section. 14.4 Procedure Prior to Revocation. Except as provided in paragraph 9.3 for annual evaluations, the Authorized Representative shall notify the Contractor in writing of the exact nature of the alleged violation constituting a ground for termination and give the Contractor thirty (30) days, or such greater amount of time as the Authorized Representative may specify, to correct such violations or to present facts and arguments to refute the alleged violation. If the Authorized Representative then concludes that there is a basis for termination, he shall notify the Contractor thereof. If within the designated time the Contractor does not remedy and/or put an end to the alleged violation, the City's City Council, after a public hearing where all interested parties may be heard, may suspend or revoke the Franchise under this Agreement, without penalty, if it determines that such action is warranted. The Contractor shall not be held in default nor suffer any penalties where non-compliance or default is caused by an event beyond the Contractor's control, as stated in Section 14.2. 15.0 Regulatory Authority. 15.1 Authority. The City reserves the right to exercise the maximum authority, as may be lawfully permissible, to regulate the collection and disposal services and any other solid waste services, granted hereunder. Should applicable legislative, judicial or regulatory authorities at any time permit regulation not presently permitted to the City, the City may without the approval of the Contractor engage in any such additional regulation as may then be permissible, whether or not contemplated by this Agreement or the City Code, including without limitation, regulation regarding franchise fees, taxes, programming, rates charged to customers, consumer protection, or any other similar or dissimilar matter. The City agrees to meet and confer with the Contractor prior to enacting new regulatory ordinances. 15.2 Right of Inspection. The City shall have the right to inspect in the accompaniment of a representative of the Contractor all collection and disposal Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 31 of 44 Attachment "A" to Ordinance No. 13-2014 services performed subject to the provisions of this Agreement and equipment used by Contractor, and to make such tests as it finds necessary to ensure compliance with the terms of this Agreement, the City Code and any other applicable provisions of local, state or federal law. 15.3 City Regulation. To the extent that any federal, state law or regulation may now, or as the same may hereafter be amended by legislation, administrative regulation, of decision, or judicial determination, authorize the City to regulate the rates for any particular service tiers, service packages, equipment, or any other services provided by Contractor, the City shall have the right to exercise rate regulation to the full extent authorized by law, or to refrain from exercising such regulation for any period of time, at its sole discretion. The City shall provide advance notification to the Contractor of its intention to exercise any such regulation and written notification when such ordinance is adopted. Failure to so provide advance notification to the Contractor or written notification when such ordinance is adopted shall not be a basis upon which to declare this Agreement in breach or to invalidate the ordinance. 15.4 City Health and Sanitation Regulations. Without limitation on the authority granted City above; City reserves the unconditional right to adopt by ordinance additional health and sanitation regulations which apply to the collection and disposal of solid waste, bio hazardous waste, biological waste, construction and demolition debris, hazardous waste, sludge, special waste and all other kinds of waste. To the extent determined by the City, these regulations shall be codified in Chapter 62 of the City Code. Contractor shall fully comply with these regulations as applicable to the collection and disposal services provided under this Agreement and said regulations shall be deemed to be fully incorporated herein by this reference. In the event any provision of this Agreement is in conflict with any provision of the additional City health and sanitation regulations, the provisions contained in this Agreement shall prevail. 16.0 Liability and Insurance. 16.1 Certificate of Insurance. Prior to the effective date of this Agreement and thereafter continuously throughout the duration of the Agreement and any extensions or renewals thereof, Contractor shall furnish the City, certificates of insurance and endorsements, in a form approved by the City, for all types of insurance required under this section. Failure to furnish said certificates of insurance and endorsements in a timely manner shall constitute material breach of this Agreement. 16.2 No Liability Limit. Neither the provisions of this Section or any damages recovered by the City hereunder, shall be construed to limit the liability of Contractor for damages under this Agreement. Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 32 of 44 Attachment "A" to Ordinance No. 13-2014 16.3 Endorsement. All insurance policies maintained pursuant to this Agreement shall contain an endorsement in substantially the following form: It is hereby understood and agreed that this insurance policy may not be modified or canceled by the insurance company nor the intention not to renew be stated by the insurance company until thirty (30) Days after receipt by the City of Cape Canaveral City Manager by certified mail, of a written notice of such intention to cancel or not to renew. 16.4 State Instiitution. All insurance policies provided pursuant to this Agreement shall be written by companies authorized by the Florida Insurance Commissioner to do business in the State of Florida as an insurance company. The insurance company shall have a Best Insurance rating of A or better, unless otherwise approved by the Authorized Representative. 16.5 Named Insured. The City shall be an additional named insured for all insurance policies written pursuant to this Agreement, as the City's interests may appear from time to time. 16.6 Changes in Policy Limits. To offset the effects of inflation and to reflect changing liability limits, all of the coverage, limits, and amounts of the insurance provided for herein are subject to reasonable increases at the end of every two (2) year period of this Agreement, applicable to the next two (2) year period or termination date of this Agreement (whichever occurs first), at the City's discretion, but not to exceed the coverage, limits, and amounts of insurance the City requires of other contractors transacting business with the City. 16.7 Commercial General Liability Insurance. Contractor shall maintain throughout the term of this Agreement, general liability insurance insuring Contractor in the minimum of: A. $1,000,000 for property damage single limit; and B. $1,000,000 single limit liability for personal bodily injury or death to any one person. C. $2,000,000 aggregate liability and excess liability $5,000,000 each occurrence. 16.8 Automobile Liability Insurance. Contractor shall maintain throughout the term of the Agreement, automobile liability insurance for owned, non -owned, or rented vehicles in the minimum amount of: Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 33 of 44 Attachment "A" to Ordinance No. 13-2014 A. $1,000,000 single limit liability for bodily injury and consequent death per occurrence; and B. $1,000,000 for property damage per occurrence. 16.9 Workers' Compensation. Contractor shall maintain throughout the term of the Agreement, workers' compensation at least to the minimum amount of the statutory limit for workers' compensation, as amended from time to time. 17.0 Indemnification and Hold Harmless. For all collection and disposal services performed by Contractor pursuant to this Agreement, Contractor agrees to the fullest extent permitted by law, to indemnify and hold harmless the City, its council members, attorneys, employees, officers, and agents from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorney's fees through any and all administrative, pre-trial, trial, post judgment, appellate proceedings), directly or indirectly arising from: (i) the acts, errors, omissions, intentional or otherwise, arising out of or resulting from Contractor's or its subcontractors, or agents performance of the collection and disposal services pursuant to this Agreement; (ii) defaults under this Agreement; (iii) failing to properly train employees under Contractor's control or direction; and (iv) failing to properly equip or hire employees under Contractor's control or direction in the performance of the collection and disposal services under this Agreement. The indemnification provided above shall obligate Contractor to defend at its own expense or to provide for such defense, at the option of the City, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against the City, its council members, attorneys, employees, officers and/or agents which may result from the collection and disposal services under this Agreement whether the collection and disposal services be performed by the Contractor, its subcontractors, or anyone directly or indirectly employed by them. In all events the City shall be permitted to choose legal counsel of its sole choice, the attorney fees for which shall be subject to and included with this indemnification provided herein, as long as said fees are no greater than at a rate deemed reasonable at the time indemnification is required. The City agrees to be responsible for the City's own negligent acts and omissions. 18.0 Interference with Persons Public and Private Property and Utilities. Contractor's collection equipment and personnel used in performing the collection and disposal services hereunder shall: A. Not endanger or interfere with the health, safety or lives of persons; B. Not interfere with any improvements which the City, county, state, and federal government may deem proper to make; C. Not interfere with the free and proper use of public rights -of -way, alleys, bridges, easements or other public property, except to the minimum extent possible during actual collection and disposal services being provided hereunder; Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 34 of 44 Attachment "A" to Ordinance No. 13-2014 D Not interfere with the rights and reasonable convenience of private property owners, except to the minimum extent possible during actual collection and disposal services being provided hereunder; and E. Not obstruct, hinder or interfere with any gas, electric, water, wastewater, reclaimed water, storm water drainage, telephone, cable or other utility facilities located within the service area. 19.0 Books and Records Available to City, Quarterly Report. 19.1 Records. In accordance with section 119.0701, Florida Statutes, Contractor agrees that all documents, transactions, writings, papers, letters, tapes, photographs, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to this Agreement or in connection with any funds provided by the City pursuant to this Agreement may be considered public records pursuant to Chapter 119, Florida Statutes. Contractor agrees to keep and maintain any and all public records that ordinarily and necessarily would be required by the City in order to perform the services required by this Agreement. Contractor also agrees to provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes or as otherwise provided by law. Contractor shall also ensure that public records that are exempt or confidential and exempt from the public records disclosure requirements are not disclosed except as authorized by law. In addition, Contractor shall meet all requirements for retaining public records and transfer, at no cost, to the City all public records in possession of the Contractor upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. If Contractor does not comply with a public records request, the City shall have the right to enforce the provisions of this Paragraph. In the event that Contractor fails to comply with the provisions of this Paragraph, and the City is required to enforce the provisions of this Paragraph, or the City suffers a third party award of attorney's fees and/or damages for violating the provisions of Chapter 119, Florida Statutes due to Contractor's failure to comply with the provisions of this Paragraph, the City shall be entitled to collect from Contractor prevailing party attorney's fees and costs, and any damages incurred by the City, for enforcing this Paragraph against Contractor. And, if applicable, the City shall also be entitled to reimbursement of any and all attorney's fees and damages which the City was required to pay a third party because of Contractor's failure to comply with the provisions of this Paragraph. This Paragraph shall survive the termination of this Agreement. Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 35 of 44 Attachment "A" to Ordinance No. 13-2014 19.2 Review. For records not constituting a public record under Chapter 119, Florida Statutes, Contractor shall permit, during Contractor's normal business hours, the Authorized Representative to examine, at the City's discretion, any and all maps and other records kept or maintained by the Contractor or under its control concerning the operations, affairs, transactions or property of Contractor relative to the collection and disposal services provided under this Agreement. The examination shall take place at Contractor's office. 19.3 Reports to be Filed. The following reports shall be provided to the City: A. A monthly customer report sorted alphabetically by address, in a format approved by the City which lists the customer's address and name, type, quantity, frequency, size, of the container picked up from the customer, and a description of the kind of service provided customer. B. A monthly report of all customers, and fees received from them by Contractor, for collection and disposal services not billed by the City, if any. 19.4 Mandatory Records. The Contractor shall at all times maintain: A. A record of all complaints received and interruptions, disruptions, or degradation of collection and disposal services for the preceding year prior to the annual performance evaluation by the City. B. A full and complete document(s) describing the rates, schedules, and routes for the collection and disposal services. C. A record of all customers, and fees received from them by Contractor, for collection and disposal services not billed by the City, if any. D. Contractor shall maintain an online web -based customer complaint tracking system at no additional expense to the City. Contractor shall provide the City with electronic access to the tracking system so the City can freely review the complaints filed in the system. E. Contractor shall reimburse the City on a monthly basis for the City's expenses incurred under the Municipal Tracking System Trac EZ User Agreement. Said amount shall be deducted from the amount owed Contractor by the City each month. 19.5 Other Records. The City may impose reasonable requests for additional information, records and documents from time to time, and the Contractor shall produce said records within a reasonable amount of time, so long as such request relates to the City's enforcement abilities under this Agreement or the Code. Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 36 of 44 Attachment "A" to Ordinance No. 13-2014 20.0 Preferential or Discriminatory Practices Prohibited. All collection and disposal services rendered and all rules and regulations adopted by Contractor shall have general application to all persons and shall not subject any person to prejudice or disadvantage on account of race, gender, religion, origin, or ethnicity. Contractor shall not deny service to any group of potential customers within the City because of the income of the customers within the service area. Contractor shall not charge customers different rates for service of the same class or type. However, this paragraph is not intended to restrict Contractor from offering reasonable discounts to senior citizens or other economically disadvantaged groups in accordance with any local, state, or federal law. 21.0 Storms; Hurricanes; Natural Disasters; Calamities. In the event a major storm, hurricane, natural disaster, or any other type of major or serious calamity ("calamity") causes an excessive amount of refuse, vegetative waste, bulk trash, or other excessive debris ("debris") to accumulate on streets, alleys, bridges, and on private and/or public property, Contractor shall collect such debris at the City's written request. City agrees to pay Contractor for such additional service in an amount mutually agreed upon in writing by the City and Contractor. Contractor acknowledges and agrees that collection and disposal services performed after a calamity may be subject to special procedures in order that the City can receive reimbursement from state and federal agencies like FEMA. In such cases, Contractor shall be fully responsible and liable for complying with all such procedures and shall also indemnify and hold harmless the City in the event Contractor fails to comply with said procedures. Nothing in this Agreement shall exclude or prohibit the City or any other contractors from collecting and disposing of such debris caused by a major or serious calamity. The City has a continuing Interlocal Agreement with Brevard County for Disaster Debris Removal. Upon notification that Brevard County has been declared a federal disaster area by the President of the United States, Brevard County, shall coordinate the collection of disaster related debris through the City's and County's franchised solid waste collectors on behalf of the City. The City shall negotiate with the Contractor for any expenditure(s) for debris clean up not reimbursed by Federal Emergency Management Agency and the State of Florida. 21.1 Additional Activation Assets. Contractor shall provide additional activation assets that can be used to timely and adequately respond to debris and solid waste removal during disasters. 22.0 Miscellaneous Provisions. 22.1 Independent Contractor. Contractor is an independent contractor and nothing in this Agreement is intended nor shall be construed to create an employer /employee relationship, a joint venture relationship, a partnership relationship, or to allow the City to exercise control or direction over the manner or method by which Contractor performs the collection and disposal services which are the subject matter of this Agreement. Contractor understands and agrees that: (i) the City will not withhold on behalf of Contractor pursuant to this Agreement any sums for payment of income tax, unemployment insurance, social security or any other withholding; (ii) all such payments, withholdings and taxes are the Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 37 of 44 Attachment "A" to Ordinance No. 13-2014 sole responsibility of Contractor; and (iii) Contractor will indemnify and hold the City, its city council members, attorneys, employees, officers, and/or agents harmless from and against any and all loss or liability arising with respect to such payments, withholdings, or taxes, including, but not limited to reasonable attorney's fees through any and all administrative, pre-trial, trial, post -trial judgment, and appellate proceedings. The parties hereto agree that both Contractor and the City shall have the right to participate in any discussion or negotiation with the Internal Revenue Service concerning Contractor's independent contractor status regardless of with whom or by whom such discussions or negotiations are initiated. In the event that any applicable government agency determines that Contractor is an employee of the City and the City is required to pay any additional amount to any governmental authority based upon Contractor being reclassified an employee of the City, Contractor hereby covenants and agrees to reimburse immediately the City for any such amount paid to any such governmental authority and the costs and expenses associated with defending the City including, but not limited to, reasonable attorney's fees. In the event that Contractor is reclassified as an employee and becomes eligible for a refund of any taxes paid to any governmental agency including, but not limited to, a claim for refund of self-employment taxes, then Contractor hereby covenants and agrees to pursue any such refund and assign to the City the proceeds from any such refund. 22.2 No Joint Venture. Nothing herein shall be deemed to create a joint venture or principal -agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other. 22.3 Entire Agreement. This Agreement represents the entire understanding and agreement between the parties hereto with respect to the subject matter hereof, and supersedes all prior oral negotiations and written agreements between the parties. This Agreement may be amended, supplemented, modified, or changed only by a written instrument agreeing to said amendment, supplementation, modification, or change in the terms hereof by the parties. 22.4 Notices. Any notice, request, instruction, or other document to be given as part of this Agreement shall be in writing and shall be deemed served when either delivered in person to the following designated agents or received by registered or certified United States mail, return receipt requested, postage prepaid, or received by facsimile, addressed as follows: TO THE CITY: City Manager City of Cape Canaveral 105 Polk Avenue (P.O. Box 326) Cape Canaveral, FL 32920 Ph: 321 -868 -1220 Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 38 of 44 Attachment "A" to Ordinance No. 13-2014 TO THE CITY ATTORNEY: Brown, Garganese, Weiss and D'Agresta, P.A. P.O. Box 2873 Orlando, FL 32802-2873 Ph: 407-425-9566 TO THE CONTRACTOR: Regional Vice President Waste Pro of Florida, Inc. 3705 St. Johns Pkwy Sanford, Florida 32771 Ph: 407-774-0800 Either party may change the aforementioned designated agents at any time by providing written notice of such change to the other party. 22.5 Captions. Captions to sections throughout this Agreement are solely to facilitate the reading and reference to the sections and provisions of the Agreement. Such captions shall not affect the meaning or interpretation of the Agreement. 22.6 Severability. If any section, subsection, sentence, clause, phrase, or portion of this Agreement is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision. Such holding shall not affect the validity of the remaining portions of this Agreement, unless the City determines that the portions remaining (without the severed portions) have an adverse effect on the best interests of City, then City shall have the right to terminate this Agreement. 22.7 City's Rights of Intervention. Contractor agrees not to oppose intervention by the City in any suit or proceeding to which Contractor is a party, concerning or involving this Agreement and the City's rights under this Agreement. 22.8 Attorney's Fees. In the event of litigation arising out of or relating to this Agreement, the prevailing party shall be entitled to recover all its reasonable expenses, including attorney's fees, costs, and other expenses reasonably and necessarily incurred, through all administrative, pre-trial, trial, post judgment, and appellate proceedings. 22.9 Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. 22.10 Waiver. Failure of the City to insist upon performance within any time period or upon a proper level of service shall not act as a waiver of the City's right to later claim a failure to perform on the part of Contractor. Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 39 of 44 Attachment "A" to Ordinance No. 13-2014 22.11 Jurisdiction; Venue. This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Brevard County, Florida. Venue for any federal action or litigation shall be Orlando, Florida. 23.0 Effective Date/Term. 23.1 Effective Date. The effective date of the Contract shall be October 1, 2014. 23.2 Term. The term of this Agreement shall be from October 1, 2014 to September 30, 2019 subject to an annual evaluation by the City under paragraph 9.0 herein and termination as provided for in paragraph 14.0 herein. The term of this Agreement may be extended pursuant to paragraph 23.3 herein. 23.3 Renewal. This Agreement shall be renewed for additional five (5) years terms by mutual agreement of the parties unless either party provides notice of non - intent at least 180 days prior to expiration of the Agreement or renewal thereof. 24.0 Disruption in Collection and Disposal Services. In the event a disruption (e.g. strike, labor stoppage, collection equipment in disrepair) causes Contractor to fall one week or more behind in its collection schedule, City may, at its option, cause the collection and disposal services to be performed by any means available to City. Such means may include, but not be limited to, City taking over and operating the collection equipment used in the performance of this Agreement until such time Contractor can perform the collection and disposal services and/or City contracting with a third party to perform the collection and disposal services. Any cost incurred by City in exercising this option shall be charged against Contractor and the performance bond or alternative letter of credit furnished by Contractor under this Agreement. The foregoing option shall only be exercised by a majority vote of the City's City Council after the City Council has declared that the disruption has caused an emergency to arise within the service area that adversely effects the public health, safety, and welfare. 25.0 Administrative Charges. Should the Contractor commit any of the breaches described herein in Contractor's obligations under this Contact, the City shall be entitled to assess against the Contractor the amounts listed below, not as a penalty but as administrative charges. The City will be entitled to offset any administrative charges assessed against the monthly fee otherwise due to Contractor hereunder or alternatively to collect such damages from the performance bond. Each complaint shall be considered legitimate, unless satisfactory evidence to the contrary is furnished to the Authorized Representative by the Contractor. The decision of the Authorized Representative shall be final. On -site inspection will be provided by the City to determine the legitimacy of disputed complaints. Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 40 of 44 Attachment "A" to Ordinance No. 13-2014 This provision shall not limit other contract claims or remedies that the City may have against the Contractor under this Contract. 25.1 Opportunity for Cure Not Required. The following administrative charges may be assessed without the need to give the Contractor the opportunity to cure: A. Failure to collect missed customers by 7:00 P. M. the same day when given notice before noon, or by 12:00 noon the following day when given notice between 12:00 noon and 5:00 P. M.: $50 per incident, a maximum of $300 Per truck per day. B. Un-handled complaints over 20 in a single month: $50 per incident including the first 20. C. Failure to replace damaged container within five days for commercial customers and 72 hours for residential customers: $50 per incident. D. Failure to repair damage to customer's property within seven days: $100 per incident. E. Equipment operator not properly licensed: $250 per incident. F. Failure to comply with the current schedules: $125 per incident. G. Failure to complete a route on the regular pick-up day: $125 per day for each route not completed. H. Failure to provide proper notification prior to residential route changes: $125 per day, per route not notified. I. Causing skid marks or spillage marks on roadways, private driveways, or any thoroughfare within the service area: $75 per incident. J. Causing hydraulic spills or leaks as well as any other fluids having potential to damage or stain asphalt, concrete, or other roadway surfaces: $250 per incident. K. Failure to clean spillage caused from residential or commercial route vehicles leaking from collected garbage: $150 per incident 25.2. Opportunity for Cure Required. The following administrative charges may be assessed only (i) after the City has given Contractor notice and a reasonable opportunity to cure, or (ii) where the violation is a repeat violation (i.e., Contractor has previously failed the specific item listed at least once within the past 12 months and the City has previously provided Contractor notice of such failure): Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 41of44 Attachment "A" to Ordinance No. 13-2014 A. Failure to maintain office hours as required: $100 per incident. B. Failure to provide documents and reports in a timely and accurate manner as per agreement: $50 per incident. C. Failure to cover materials, if appropriate, on all collection vehicles: $100 per incident. D. Failure to comply with requested employee roster, proper uniforms, and employee identification and safety equipment as per agreement: $150 per incident. E. Failure to close gates on dumpster enclosures as well as container lids and locking all locks on commercial customer locations: $75 per incident. F. Failure to follow established reporting operation or administrative procedures: $150 per incident. G. Failure to provide monthly tonnage and recycling data reports: $250 per incident. H. Loaded vehicles left standing on street unnecessarily: $150 per incident. I. Failure to drive in the proper direction: $100 per incident. J. Commingling solid waste with vegetative waste, recyclable materials, C & D materials or other waste material: $250 per incident. K. Failure to report recycling activity monthly in the format determined by the Contractor, for the purpose of tracking and verifying City wide recycling activity: $100 per incident. 26.0 Contractor's Representative. Contractor shall designate an individual to act as a representative for Contractor under this Agreement with the authority to transmit instructions, receive information, and make or interpret Contractor's decisions. This person shall be Contractor's contract administrator. Initially, the person who shall act as the representative for Contractor with respect to this Agreement shall be Tim Dolan, District Manager. Contractor may from time to time designate other individuals or delete individual's with the authority to act for Contractor under this Agreement with the authority to transmit instructions, receive information, and make or interpret Contractor's decisions. All deletions or designation of individuals to serve as a representative shall be given by written notice. 27.0 Time of the Essence. Contractor acknowledges and agrees that time is of the essence for the completion of the collection and disposal services to be performed under this Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 42 of 44 Attachment "A" to Ordinance No. 13-2014 Agreement. Unless otherwise extended in writing by the City, Contractor agrees to complete the collection and disposal services as required by this Agreement. 28.0 Sovereign Immunity. Nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. 29.0 Title to Refuse. The City shall have the right and title to all refuse, including recycling, set out for collection. Once collected by Contractor, ownership of all refuse, including recycling, collected under this Agreement shall transfer to the Contractor. 30.0 Public Awareness Campaign. 30.1 General. Contractor agrees to provide, and assist the City in conducting, a public awareness campaign to promote the collection, disposal and recycling services provided under this Agreement. All materials and publications used by Contractor shall be reviewed by the City and approved by the Authorized Representative. All materials and publications used by the City shall be reviewed by Contractor and approved by Contractor's representative. 30.2 Contractor shall provide $2,000.00 to the City, each year on October 1st, for public awareness of the City's recycling program. Said amount shall increase by 2.5% each year during the Agreement term and any extensions thereof. 30.3 Contractor shall maintain membership in Keep Brevard Beautiful during the entire term of the Solid Waste Agreement. 30.4 Contractor and City will conduct a joint marketing program for small business recycling. Contractor agrees to tailor its services to meet the individual needs of a business. If traditional recycling programs for multi -family recycling customers are not deemed acceptable to the customers and the City, Contractor will design a recycling option that works for the City and its multi -family recycling customers. Attest: l Mt+\f 4 i gels M. App�ex hn,r - `City Clerk • • vi• City Sa[ A h • • Y ,,Yd� ,C�� _ „4v;1 Solid Waste Agreement "�+� ;t.��y of Cape Canaveral / Waste Pro of Florida, Inc. Page 43 of 44 City of Cape Canaveral, Florida A Florida municipal corporation CA4GSLQ4 Rocky Randels, Mayor Attachment "A" to Ordinance No. 13-2014 Witness: Corporate Seal Contractor: Waste Pro of Florida, Inc. Print N .' e ' itle im o an Regional Vice President Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 44 of 44 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 seeut 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 recycling 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 violation Reserved. 6 7 Violations of this chapter may be enforced by the code enforcement citation system 8 pursuant to Chaptcr 2, Article VI, Division 3 of this Codc. 9 10 Sec. 62-3. Authority of city to collect. 11 12 Unless preempted by law, nislothing 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 Page 3 of 7 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 this chapter or any applicable solid waste franchise 26 or license granted 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 provi ion 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 Page 4 of 7 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 selid 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 Page 5of7 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 Page 6 of 7 1 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 15th day of June, 2 2021. 5 6 _- co: 7 =u? v A, 8 :,i 9 ATTEST: ii, .-- 10 'aQ /, ---- a 12c.> �'"6 f�'r✓ 13 Mia Goforth, CMC 14 City Clerk 15 16 17 18 19 20 21 22 First Reading: April 20, 2021 23 Advertisement: June 3, 2021 24 Second Reading: June 15, 2021 25 26 27 28 Approv-d as to egal form and sufficiency 29 for t = Ci • - Canaveral only by: 30 31 32 Anthony A. Garganese, City Attorney Bob Hoog, Mayor For Mike Brown x Robert Hoog Mickie Kellum x Wes Morrison Motion Angela Raymond Second City of Cape Canaveral Ordinance No. 31-2021 Page 7of7 Against CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • DECEMBER 21, 2021 AGENDA ITEM SUMMARY • ITEM # 13 Subject: Compensation for the City's elected officials. Department: City Clerk's Office Summary: At the August 27, 2021 Coffee with the City Manager, City resident Patrick Campbell specifically requested Council consider raising the level of City Council Member pay. As a result, City Manager Morley committed to making the Item a topic for discussion at a future City Council Meeting, preferably after the Election so as not to make it a political issue. This Agenda Item Summary has been prepared at the City Manager's direction. The City of Cape Canaveral Mayor and City Council Members receive compensation in accordance with the City of Cape Canaveral City Charter and Code of Ordinances: Sec. 2.04 - Compensation; expenses. The city council may, by ordinance, provide for the compensation of the mayor, its members and its appointed officers, and the method of payment of the same. Sec. 2-41. - Established for councilmembers other than mayor. The compensation for the members of the city council other than the mayor shall be $2,400.00 per year. (Code 1981, § 311.02; Ord. No. 30-94, § 2, 8-2-94) Sec. 2-42. - Established for mayor. The compensation for the mayor shall be $3,200.00 per year. (Code 1981, § 311.01; Ord. No. 30-94, § 2, 8-2-94) The City Council last took action on August 2, 1994 where it was mentioned in those Minutes that no changes had been made to Council salaries in 30 years (Attachments 1 and 2). It has now been 27 years since elected officials received a raise in compensation in the City. Prior to the adoption of Ordinance No. 30-1994, compensation was tiered, with Council Members receiving $600 per year for their first four years on Council and $1,200 per year for the fourth year onward; the Mayor received $800 per year for the first four years in office and $1,600 for every year as Mayor thereafter. Most cities/towns within Brevard County compensate their elected officials. Staff has provided a spreadsheet reflecting those agencies current salaries and/or monthly allowances for comparison (Attachment 3). To address a potential compensation increase, the City Council may, at its discretion, reach consensus to direct Staff to draft an ordinance containing a new rate of pay for a future first public hearing. Council has an option regarding a potential ordinance's effective date, which could be immediately upon adoption, or contain an effective date one or more years in the future for the benefit of a future City Council. Submitting Department Director: Mia Goforth Date: 12/14/21 City of Cape Canaveral City Council Meeting • December 21, 2021 Agenda Item # 13 Page 2 of 2 Attachments: 1. Regular City Council Meeting Minutes portion of 08-02-1994 2. Ordinance No. 30-1994 3. Comparison spreadsheet for cities/towns within Brevard County Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 12/14/21 The City Manager recommends the City Council take the following actions: Discuss/provide Staff with direction with regard to the level of compensation for the City's elected officials. Approved by City Manager: Todd Morley Date: 12/14/21 Attachment 1 City of Cape Canaveral, Florida Regular City Council Meeting August 2, 1994 Page 2 with Mr. Randels on the point of converting sick leave to annual or administrative leave. After additional discussion, the motion carried with members voting as follows: Mayor Salamone For Mayor Pro Tem Porter For Councilmember Berger For Councilmember Nicholas Against Councilmember Randels Against 2. Ordinance No. 30-94, Amending City Charter. Article III, Section, Compensation of Officers. and Code of Ordinances. Chapter 2. Administration. Division 2, Compensation, for second and final reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING ARTICLE III, SEC. 3, COMPENSATION OF OFFICERS OF THE CITY OF CAPE CANAVERAL CHARTER; AND ARTICLE II, CITY COUNCIL OF CHAPTER 2, ADMINISTRATION, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BY PROVIDING FOR REVISED ANNUAL COMPENSATION FOR THE MAYOR AND MEMBERS OF CITY COUNCIL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, . seconded by Mr. Berger to adopt Ordinance No. 30-94 at second and final reading. Mr. Nicholas noted that the section numbers in the Ordinance were out of sequence. Mr. Kancilia stated that the second Section 2 would need to be amended to Section 3 and subsequent sections changed accordingly. Motion by Mayor Salamone, seconded by Mr. Randels to amend the ordinance to re -number the sections as needed. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mayor Salamone commented that she felt strongly that the ordinance was certainly necessary after no changes having been made to Council salaries in 30 years. Mr. Randels stated that Councilmembers' expenses far exceeded any reimbursed amounts. He also noted that an equitable salary would more adequately provide for City -related expenses incurred by members of Council. Motion carried with members voting as follows: Mayor Salamone For Mayor Pro Tem Porter Against City of Cape Canaveral, Florida Regular City Council Meeting August 2, 1994 Page 3 Councilmember Berger For Councilmember Nicholas For Councilmember Randels For 3. Ordinance No. 31-94. Appointing members to the Local Planning Agency. for second and final reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SECTION 58-56, DESIGNATION AND ESTABLISHMENT, OF THE CITY CODE OF ORDINANCES, TO PROVIDE FOR THE APPOINTMENT OF TWO (2) DELEGATES AT LARGE TO THE LOCAL PLANNING AGENCY AND DELETING MEMBERSHIP OF ALTERNATE MEMBERS OF THE PLANNING AND ZONING BOARD AS MEMBERS OF THE LOCAL PLANNING AGENCY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Berger to adopt Ordinance No. 31-94 at second and final reading. Mr. Randels questioned whether the nature of the ordinance was temporary or permanent. Mr. Kancilia explained that the nature of the Ordinance was permanent until the Ordinance was subsequently amended by Council. He further explained that the Board would consist of two (2) at large members and five (5) individuals who were also the regular members of the Planning and Zoning Board and that the at large positions would be utilized by two (2) Councilmembers to assist in the amendment of the City's Comprehensive Plan. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. NEW BUSINESS: 1. Resolution No. 94-35. Appointing members to the Local Planning Agency (LPA). Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING TWO (2) DELEGATES AT LARGE TO THE LOCAL PLANNING AGENCY OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mr. Nicholas, to adopt Resolution No. 94-35 appointing Leo Nicholas and Rocky Randels as delegates at large to the Local Planning Agency. Mr. Randels Attachment 2 ORDINANCE NO. 30-94 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING ARTICLE III, SEC. 3, COMPENSATION OF OFFICERS OF THE CITY OF THE CAPE CANAVERAL CHARTER; AND ARTICLE II, CITY COUNCIL OF CHAPTER 2, ADMINISTRATION, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BY PROVIDING FOR REVISED ANNUAL COMPENSATION FOR THE MAYOR AND MEMBERS OF CITY COUNCIL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, that: SECTION 1. Article III, Sec. 3, Compensation of Officers, of the City of Cape Canaveral Charter is hereby repealed and re- enacted to read as follows: ARTICLE III SEC. 3, COMPENSATION OF OFFICERS The City Council may, by Ordinance, provide for the compensation of the Mayor, its members and its appointed officers, and the method of payment of the same. SECTION 2. The Code of Ordinances, City of Cape Canaveral, Article II, City Council, of Chapter 2, Administration, Division 2, Compensation, including Sections 2-41 and 2-42 is hereby amended to read as follows: ARTICLE II DIVISION 2. COMPENSATION Sec. 2-41. Established for councilmembers other than mayor. The compensation for the members of the city council other than the mayor shall be $2,400.00 per year. Sec. 2-42. Established for mayor. The compensation for the mayor shall be $3,200.00 per year. SECTION 3: Severability. If any section, paragraph, phrase, or word of this Ordinance is held to be unconstitutional or City of Cape Canaveral, Florida Ordinance No. 30-94 Page 2 invalid, such portion shall not affect the remaining portions hereof and it shall be construed to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part. SECTION 4. Conflicting Provisions. Any ordinance, or parts of an ordinance, in conflict herewith is repealed. SECTION 5. Effective Date. Section 2 of this ordinance shall take effect September 1, 1994. The remaining portions of the ordinance shall take effect immediately upon its adoption. ADOPTED BY the City of Cape Canaveral, Brevard County, Florida, this 2nd day of August , 1994. Joy Salamone, MAYOR ATTEST: Faith G. Miller, CITY CLERK APPROVED AS TO FORM: John R. Kancilia, CITY ATTORNEY Name YES NO Berger X Nicholas X Porter X Randels X Salamone X First Reading 7 / 19 / 9 4 Posted: 7/20/94 Advertised: 7/22/94 Second Reading: 8/2/94 Attachment 3 Municipality Council/Commissioner Salary Mayor Salary Ordinance? Other or Additional allowances? Cape Canaveral Budgeted travel, per diem and $2,400.00 $3,200.00 registrations for conferences and, Cape Canaveral $2,400.00 $3,200.00 Yes Coast League of Cities.Cocoa $6,000.00 $6,600.00 Yes Cocoa Beach $6,000.00 $6,000.00 Yes Grant-Valkaria N/A N/A N/A Indialantic $2,400.00 $2,400.00 Yes Monthly expense for Mayor Indian Harbour $350.00, Dep. Mayor $300.00 and Beach N/A N/A Yes Council $250.00 Malabar N/A N/A N/A Monthly travel for Mayor $415.00 Melbourne $7,475.00 $10,350.00 Yes and Council $255.00 Melbourne Beach $3,100.00 $3,800.00 Yes Monthly incidental for Mayor $200.00, Dep. Mayor $150.00 and Palm Bay $11,641.99 $23,283.99 Yes Council $100.00 Palm Shores N/A N/A N/A Rockledge $500.00/month Yes Monthly travel stipend for Mayor Satellite Beach N/A N/A Yes $100.00 and Council $50.00 Titusville $391.40/month $538.13/month Yes Increases in salary are listed in the Charter and changed by W. Melbourne $9,600.00 $10,800.00 No referendum CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • DECEMBER 21, 2021 AGENDA ITEM SUMMARY • ITEM # 14 Subject: ProChamps Update — receive Report and no action to be taken. Item is presented for informational purposes only and no action will be taken. Department: Community and Economic Development Summary: At its December 7, 2021 Special Meeting, the Council requested that Staff prepare an update on the implementation of the ProChamps vacation rental platform. Specifically, to include the following items: 1. A copy of the notices that were sent to vacation rental owners announcing the City's implementation of the ProChamps registration program (Attachment 1). In total, three notices were sent to owners including: a pre -notice letter sent on September 18, 2021; the initial notice sent on October 5, 2021; and a follow-up notice sent on November 22, 2021. Note that September 18th mailer included verbiage about the City's seven-day minimum rental requirement. 2. The City recently drafted a courtesy notice and provided it to ProChamps on December 10, 2021. The notice was mailed during the week of December 13th to vacation rental owners who are currently advertising a property in violation of the City's seven-day minimum rental requirement (Attachment 2). The notice was sent to 180 owners. 3. Updated implementation metrics (as of 12/9/2021): • Number of identified Properties - 301 • Number of Registered Properties - 133 • Number of Complaints - 3 • Violations of the 7-day minimum rental - TBD. Reporting beginning the first week of January 2022 • Number of violations reported to the City - 0 • Remittance to City to date - $25,300.00 4. Copy of Monthly Report will be provided when available. Submitting Department Director: David Dickey Date: 12/14/21 Attachments: 1. 9/18/21 & 10/5/21 & 11/22/21 Notices 2. Courtesy Notice — 12/10/21 and Distribution List Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo \ Date: 12/14/21 The City Manager recommends the City Council take the following action: Receive Report — No Action to be Taken Approved by City Manager: Todd Morley Date: 12/14/21 Attachment 1 CITY OF CAPE CANAVERAL CITY OF P.O. Box 326 • 100 Polk Avenue • Cape Canaveral, FL 32920-0326 (321) 868-1220 www.cityofcapecanaveral.org At its March 16, 2021 meeting, City Council approved the passage of Ordinance No. 10-2021, Sec.£10- 486 requiring vacation rental properties to register via the City's contracted vendor platform, for purpose of regulating these vacation rental properties in the interest of community safety, protecting the residential character of the City and enforcing its seven-day minimum rental requirement. The City has contracted with Property Registration Champions, LLC, dba PROCHAMPS, LLC, to assist with these efforts. In the coming days, owners of vacation rental properties within the City of Cape Canaveral should expect to receive an informational notice in the mail from PROCHAMPS, LLC informing them that vacation rental property owners must register each of their vacation rental properties with PROCHAMPS beginning October 1, 2021. Another letter will be arriving on or soon after October 1, 2021 providing detailed information on the registration process. The registration window begins October 1, 2021 and late fees apply beginning November 1, 2021. The City wants to ensure that property owners are aware that this is legitimate correspondence from a contracted City vendor. Recipients of this letter may contact the City directly with any questions or to confirm validity of the notice they received by calling (321) 868-1220 x128. CITY OF CAPE CANAVERAL BARZELATTO, JOVAN OFFICIAL NOTICE , 603 S 4th St VACATION RENTAL REGISTRATION Cocoa Beach, FL 32931-2611 COMPLIANCE NOTIFICATION October 5, 2021 Dear Property Owner, Per City of Cape Canaveral Ordinance 10-2021 , effective October 1 , 2021 , vacation rental properties require registration prior to commencement of operation. PROCHAMPS is authorized by City of Cape Canaveral to administer their Vacation Rental Registration Program. To confirm the validity of this message with the Community directly, visit: www.cityofcapecanaveral.org/VacationRentals Review of evidence collected through host platforms indicates that the below property you own may require registration: 515 FILLMORE AVE, CAPE CANAVERAL, FL 32920 To register your property or dispute this matter, please follow the link below. To Register or Dispute: prochamps.com/code/1TOC Registration Code: 1TOC Thank you for your attention to this matter. For support, please contact PROCHAMPS: Phone: 1-888-463-7770 Email: support©prochamps.com Sincerely, PROCHAMPS on behalf of City of Cape Canaveral CITY OF CAPE CANAVERAL CAPE CANAVERAL BARZELATTO,JOVAN OFFICIAL NOTICE 603 S 4th St VACATION RENTAL REGISTRATION Cocoa Beach, FL 32931-2611 COMPLIANCE NOTIFICATION November 22, 2021 Dear Property Owner, Per City of Cape Canaveral Ordinance 10-2021 , effective October 1 , 2021 , vacation rental properties require registration prior to commencement of operation. PROCHAMPS is authorized by City of Cape Canaveral to administer their Vacation Rental Registration Program. To confirm the validity of this message with the Community directly, visit: www.cityofcapecanaveral.org/VacationRentals Review of evidence collected through host platforms indicates that the below property you own may require registration: 515 FILLMORE AVE, CAPE CANAVERAL, FL 32920 To register your property or dispute this matter, please follow the link below. To Register or Dispute: prochamps.com/code/1B6 Registration Code: 1 B6K Thank you for your attention to this matter. For support, please contact PROCHAMPS: Phone: 1-888-463-7770 Email: support©prochamps.com Sincerely, PROCHAMPS on behalf of City of Cape Canaveral CITY OF Attachment 2 P.O. Box 326 • 100 Polk Avenue • Cape Canaveral, FL 32920-0326 (321) 868-1220 *' www.cityofcapecanaveral.org - CITY OF CAPE CANAVERAL December 10, 2021 Dear COURTESY NOTICE This is a courtesy notice. Your property located at has been identified or registered by the City of Cape Canaveral as a vacation rental. ProChamps, the company responsible for monitoring vacation rentals in the City, recently notified us that your property is zoned residential and may have been listed or had a booking event as a vacation rental for less than seven (7) consecutive days. Please be advised that Section 110-487 of the City Code provides that it is unlawful for any person to rent a dwelling for less than seven consecutive days. Violations are subject to the City initiating code enforcement, administrative and/or judicial action as deemed necessary and allowed by law to gain current and future compliance. In addition, violations are subject to penalties including fines up to $500 per violation. Also, any person operating a vacation rental without registering with the City are subject to a penalty of $100 for the first offense, $250 for the second offense, and $500 for each subsequent offense thereafter. For more information regarding the City's vacation rental regulations and registration program please visit www.cityofcapecanaveral.org/str or contact me at 321-868-1220, ext. 115. Sincerely, Brian Palmer, Senior Code Enforcement Officer Listing ID Property GID Property Address Minimum Night Stay Posted 19565 FLBREV00093858 240 CHERIE DOWN LN,CAPE CANAVERAL, FL,32920 5 Minimum Nights 19572 FLBREV00094987 348 CHANDLER ST,CAPE CANAVERAL, FL,32920 3 Minimum Nights 19573 FLBREV00099222 7914 AURORA CT,CAPE CANAVERAL, FL,32920 3 Minimum Nights 19580 FLBREV00097925 7400 RIDGEWOOD AVE#214,CAPE CANAVERAL, FL,32920 5 Minimum Nights 19581 FLBREV00100337 555 FILLMORE AVE#603,CAPE CANAVERAL, FL,32920 2 Miminum Nights 19596 FLBREV00082696 151 E CENTRAL BLVD,CAPE CANAVERAL, FL,32920 2 Miminum Nights 19597 FLBREV00100873 326 PIERCE AVE,CAPE CANAVERAL, FL,32920 2 Miminum Nights 19599 FLBREV00093464 8600 RIDGEWOOD AVE#1216,CAPE CANAVERAL, FL,32920 5 Minimum Nights 19601 FLBREV00093956 8307 ROSALIND AVE,CAPE CANAVERAL, FL,32920 3 Minimum Nights 19602 FLBREV00096931 7603 POINSETTA AVE,CAPE CANAVERAL, FL,32920 1 Minimum Nights 19604 FLBREV00087969 408 JEFFERSON AVE,CAPE CANAVERAL, FL,32920 3 Minimum Nights 19608 FLBREV00071984 8600 RIDGEWOOD AVE#1105,CAPE CANAVERAL, FL,32920 3 Minimum Nights 19612 FLBREV00093513 8600 RIDGEWOOD AVE#2307,CAPE CANAVERAL, FL,32920 3 Minimum Nights 19615 FLBREV00093053 8667 MAPLE CT,CAPE CANAVERAL, FL,32920 2 Miminum Nights 19618 FLBREV00096931 7603 POINSETTAAVE,CAPE CANAVERAL, FL,32920 3 Minimum Nights 19621 FLBREV00093902 8385 ROSALIND AVE,CAPE CANAVERAL, FL,32920 4 Minimum Nights 19623 FLBREV00092767 214 COLUMBIA DR,CAPE CANAVERAL, FL,32920 1 Minimum Nights 19624 FLBREV00093955 8305 ROSALIND AVE,CAPE CANAVERAL, FL,32920 4 Minimum Nights 19625 FLBREV00098954 397 HOLMAN RD,CAPE CANAVERAL, FL,32920 4 Minimum Nights 19630 FLBREV00098338 431 MONROE AVE#4,CAPE CANAVERAL, FL,32920 4 Minimum Nights 19631 FLBREV00090505 8720 SEA SHELL LN,CAPE CANAVERAL, FL,32920 5 Minimum Nights 19643 FLBREV00087944 8103 MAGNOLIA AVE,CAPE CANAVERAL, FL,32920 3 Minimum Nights 19649 FLBREV00093859 238 CHERIE DOWN LN,CAPE CANAVERAL, FL,32920 4 Minimum Nights 19654 FLBREV00098276 505 MADISON AVE,CAPE CANAVERAL, FL,32920 3 Minimum Nights 19659 FLBREV00097371 233 JACKSON AVE,CAPE CANAVERAL, FL,32920 1 Minimum Nights 19661 FLBREV00094860 7400 RIDGEWOOD AVE#508,CAPE CANAVERAL, FL,32920 1 Minimum Nights 19663 FLBREV00096801 7520 RIDGEWOOD AVE#104,CAPE CANAVERAL, FL,32920 1 Minimum Nights 19664 FLBREV00100298 7520 RIDGEWOOD AVE#710,CAPE CANAVERAL, FL,32920 1 Minimum Nights 19665 FLBREV00100313 7520 RIDGEWOOD AVE#905,CAPE CANAVERAL, FL,32920 1 Minimum Nights 19666 FLBREV00094846 7400 RIDGEWOOD AVE#408,CAPE CANAVERAL, FL,32920 1 Minimum Nights 19667 FLBREV00097915 7400 RIDGEWOOD AVE#204,CAPE CANAVERAL, FL,32920 1 Minimum Nights 19687 FLBREV00097912 7400 RIDGEWOOD AVE#201,CAPE CANAVERAL, FL,32920 1 Minimum Nights 19688 FLBREV00096809 7520 RIDGEWOOD AVE#203,CAPE CANAVERAL, FL,32920 1 Minimum Nights 19689 FLBREV00096816 7520 RIDGEWOOD AVE#210,CAPE CANAVERAL, FL,32920 1 Minimum Nights 19690 FLBREV00100259 7520 RIDGEWOOD AVE#401,CAPE CANAVERAL, FL,32920 1 Minimum Nights 19691 FLBREV00096803 7520 RIDGEWOOD AVE#106,CAPE CANAVERAL, FL,32920 1 Minimum Nights 19693 FLBREV00100307 7520 RIDGEWOOD AVE#809,CAPE CANAVERAL, FL,32920 1 Minimum Nights 19694 FLBREV00100265 7520 RIDGEWOOD AVE#407,CAPE CANAVERAL, FL,32920 1 Minimum Nights 19695 FLBREV00096798 7520 RIDGEWOOD AVE#101,CAPE CANAVERAL, FL,32920 1 Minimum Nights 19697 FLBREV00096803 7520 RIDGEWOOD AVE#106,CAPE CANAVERAL, FL,32920 1 Minimum Nights 19698 FLBREV00097930 7400 RIDGEWOOD AVE#304,CAPE CANAVERAL, FL,32920 1 Minimum Nights 19699 FLBREV00100306 7520 RIDGEWOOD AVE#808,CAPE CANAVERAL, FL,32920 1 Minimum Nights 19700 FLBREV00094859 7400 RIDGEWOOD AVE#507,CAPE CANAVERAL, FL,32920 1 Minimum Nights 19701 FLBREV00100278 7520 RIDGEWOOD AVE#510,CAPE CANAVERAL, FL,32920 1 Minimum Nights 19718 FLBREV00366556 413 JEFFERSON AVE,CAPE CANAVERAL, FL,32920 4 Minimum Nights 19721 FLBREV00099272 620 MADISON AVE,CAPE CANAVERAL, FL,32920 2 Minimum Nights 19725 FLBREV00100288 7520 RIDGEWOOD AVE#610,CAPE CANAVERAL, FL,32920 1 Minimum Nights 19726 FLBREV00094989 352 CHANDLER ST,CAPE CANAVERAL, FL,32920 5 Minimum Nights 19727 FLBREV00095472 620 MONROE AVE,CAPE CANAVERAL, FL,32920 3 Minimum Nights 19736 FLBREV00094857 7400 RIDGEWOOD AVE#505,CAPE CANAVERAL, FL,32920 1 Minimum Nights 19737 FLBREV00094855 7400 RIDGEWOOD AVE#503,CAPE CANAVERAL, FL,32920 1 Minimum Nights 19744 FLBREV00098410 306 JOHNSON AVE#306-8,CAPE CANAVERAL, FL,32920 2 Minimum Nights 19747 FLBREV00100315 7520 RIDGEWOOD AVE#907,CAPE CANAVERAL, FL,32920 1 Minimum Nights 19752 FLBREV00091581 8543 ROSALIND AVE,CAPE CANAVERAL, FL,32920 2 Minimum Nights 19753 FLBREV00091582 8539 ROSALIND AVE,CAPE CANAVERAL, FL,32920 3 Minimum Nights 19754 FLBREV00087971 426 JEFFERSON AVE,CAPE CANAVERAL, FL,32920 2 Minimum Nights 19755 FLBREV00071977 8600 RIDGEWOOD AVE#1114,CAPE CANAVERAL, FL,32920 5 Minimum Nights 19757 FLBREV00099831 512 MADISON AVE,CAPE CANAVERAL, FL,32920 3 Minimum Nights 19765 FLBREV00096985 5801 ATLANTIC AVE N#202,CAPE CANAVERAL, FL,32920 2 Minimum Nights 19769 FLBREV00099828 521 JEFFERSON AVE,CAPE CANAVERAL, FL,32920 1 Minimum Nights 19770 FLBREV00098412 308 JOHNSON AVE#308-10, CAPE CANAVERAL, FL,32920 2 Minimum Nights 19772 FLBREV00099828 521 JEFFERSON AVE,CAPE CANAVERAL, FL,32920 1 Minimum Nights 19776 FLBREV00097927 7400 RIDGEWOOD AVE#301,CAPE CANAVERAL, FL,32920 1 Minimum Nights 19783 FLBREV00099812 407 JEFFERSON AVE,CAPE CANAVERAL, FL,32920 4 Minimum Nights 19785 FLBREV00099829 523 JEFFERSON AVE,CAPE CANAVERAL, FL,32920 2 Minimum Nights 19786 FLBREV00099829 523 JEFFERSON AVE,CAPE CANAVERAL, FL,32920 1 Minimum Nights 19787 FLBREV00095022 306 LINDSEY CT,CAPE CANAVERAL, FL,32920 5 Minimum Nights 19801 FLBREV00088517 211 CIRCLE DR#4A,CAPE CANAVERAL, FL,32920 3 Minimum Nights 19806 FLBREV00097399 408 HARRISON AVE#1&2,CAPE CANAVERAL, FL,32920 2 Minimum Nights 19808 FLBREV00095399 603 MONROE AVE,CAPE CANAVERAL, FL,32920 1 Minimum Nights 19811 FLBREV00098943 213 HOLMAN RD,CAPE CANAVERAL, FL,32920 3 Minimum Nights 19812 FLBREV00082679 226 CANAVERAL BEACH BLVD,CAPE CANAVERAL, FL,32920 3 Minimum Nights 19814 FLBREV00093897 290 CANAVERAL BEACH BLVD,CAPE CANAVERAL, FL,32920 1 Minimum Nights 19815 FLBREV00096950 309 HARRISON AVE,CAPE CANAVERAL, FL,32920 2 Minimum Nights 19816 FLBREV00099812 407 JEFFERSON AVE,CAPE CANAVERAL, FL,32920 4 Minimum Nights 19819 FLBREV00100318 7520 RIDGEWOOD AVE#910,CAPE CANAVERAL, FL,32920 1 Minimum Nights 19822 FLBREV00098094 7209 ORANGE AVE,CAPE CANAVERAL, FL,32920 1 Minimum Nights 19826 FLBREV00090546 8522 ATLANTIC AVE N#70,CAPE CANAVERAL, FL,32920 3 Minimum Nights 19827 FLBREV00092966 351 HARBOR DR,CAPE CANAVERAL, FL,32920 3 Minimum Nights 19828 FLBREV00099731 7165 RIDGEWOOD AVE#UNT 13,CAPE CANAVERAL, FL,32920 4 Minimum Nights 19829 FLBREV00099321 362 MONROE AVE,CAPE CANAVERAL, FL,32920 4 Minimum Nights 19831 FLBREV00093444 109 GARDEN BEACH LN,CAPE CANAVERAL, FL,32920 1 Minimum Nights 19837 FLBREV00071980 8600 RIDGEWOOD AVE#1113,CAPE CANAVERAL, FL,32920 5 Minimum Nights 19843 FLBREV00099812 407 JEFFERSON AVE,CAPE CANAVERAL, FL,32920 4 Minimum Nights 19844 FLBREV00098851 311 LINCOLN AVE,CAPE CANAVERAL, FL,32920 2 Minimum Nights 19845 FLBREV00095702 7600 RIDGEWOOD AVE,CAPE CANAVERAL, FL,32920 3 Minimum Nights 19846 FLBREV00098852 313 LINCOLN AVE,CAPE CANAVERAL, FL,32920 1 Minimum Nights 19848 FLBREV00093838 204 JEFFERSON AVE,CAPE CANAVERAL, FL,32920 5 Minimum Nights 19850 FLBREV00096437 406 TYLER AVE#3,CAPE CANAVERAL, FL,32920 3 Minimum Nights 19858 FLBREV00092763 210 COLUMBIA DR,CAPE CANAVERAL, FL,32920 3 Minimum Nights 19864 FLBREV00096792 422 POLK AVE,CAPE CANAVERAL, FL,32920 3 Minimum Nights 19868 FLBREV00096792 422 POLK AVE,CAPE CANAVERAL, FL,32920 3 Minimum Nights 19870 FLBREV00096792 422 POLK AVE,CAPE CANAVERAL, FL,32920 3 Minimum Nights 19872 FLBREV00096792 422 POLK AVE,CAPE CANAVERAL, FL,32920 4 Minimum Nights 19873 FLBREV00096430 404 TYLER AVE#17,CAPE CANAVERAL, FL,32920 1 Minimum Nights 19877 FLBREV00094039 8761 OLEANDER CT,CAPE CANAVERAL, FL,32920 1 Minimum Nights 19878 FLBREV00096427 404 TYLER AVE#14,CAPE CANAVERAL, FL,32920 1 Minimum Nights 19880 FLBREV00093810 531 WASHINGTON AVE,CAPE CANAVERAL, FL,32920 3 Minimum Nights 19892 FLBREV00095003 8497 RIDGEWOOD AVE,CAPE CANAVERAL, FL,32920 2 Minimum Nights 19895 FLBREV00093946 8811 SEA SHELL LN,CAPE CANAVERAL, FL,32920 1 Minimum Nights 19909 FLBREV00099281 202 MONROE AVE,CAPE CANAVERAL, FL,32920 3 Minimum Nights 19913 FLBREV00098950 225 HOLMAN RD,CAPE CANAVERAL, FL,32920 3 Minimum Nights 19915 FLBREV00096979 5801 ATLANTIC AVE N#113,CAPE CANAVERAL, FL,32920 2 Minimum Nights 19918 FLBREV00097913 7400 RIDGEWOOD AVE#202,CAPE CANAVERAL, FL,32920 3 Minimum Nights 19921 FLBREV00100308 7520 RIDGEWOOD AVE#810,CAPE CANAVERAL, FL,32920 2 Minimum Nights 19922 FLBREV00096804 7520 RIDGEWOOD AVE#108,CAPE CANAVERAL, FL,32920 2 Minimum Nights 19923 FLBREV00100264 7520 RIDGEWOOD AVE#406,CAPE CANAVERAL, FL,32920 2 Minimum Nights 19924 FLBREV00100272 7520 RIDGEWOOD AVE#504,CAPE CANAVERAL, FL,32920 2 Minimum Nights 19925 FLBREV00100281 7520 RIDGEWOOD AVE#603,CAPE CANAVERAL, FL,32920 2 Minimum Nights 19926 FLBREV00100285 7520 RIDGEWOOD AVE#607,CAPE CANAVERAL, FL,32920 2 Minimum Nights 19927 FLBREV00100293 7520 RIDGEWOOD AVE#705,CAPE CANAVERAL, FL,32920 2 Minimum Nights 19928 FLBREV00096819 7520 RIDGEWOOD AVE#303,CAPE CANAVERAL, FL,32920 2 Minimum Nights 19929 FLBREV00100263 7520 RIDGEWOOD AVE#405,CAPE CANAVERAL, FL,32920 2 Minimum Nights 19930 FLBREV00100294 7520 RIDGEWOOD AVE#706,CAPE CANAVERAL, FL,32920 2 Minimum Nights 19931 FLBREV00100296 7520 RIDGEWOOD AVE#708,CAPE CANAVERAL, FL,32920 2 Minimum Nights 19933 FLBREV00100304 7520 RIDGEWOOD AVE#806,CAPE CANAVERAL, FL,32920 2 Minimum Nights 19936 FLBREV00094851 7400 RIDGEWOOD AVE#413,CAPE CANAVERAL, FL,32920 3 Minimum Nights 19937 FLBREV00088521 211 CIRCLE DR#8A,CAPE CANAVERAL, FL,32920 2 Minimum Nights 19945 FLBREV00088522 211 CIRCLE DR#9A,CAPE CANAVERAL, FL,32920 3 Minimum Nights 19946 FLBREV00096480 257 TYLER AVE,CAPE CANAVERAL, FL,32920 3 Minimum Nights 19948 FLBREV00099729 7165 RIDGEWOOD AVE#UNT 11,CAPE CANAVERAL, FL,32920 4 Minimum Nights 19957 FLBREV00099227 324 ADAMS AVE,CAPE CANAVERAL, FL,32920 1 Minimum Nights 19960 FLBREV00093506 8600 RIDGEWOOD AVE#1305,CAPE CANAVERAL, FL,32920 4 Minimum Nights 19967 FLBREV00071974 8600 RIDGEWOOD AVE#1108,CAPE CANAVERAL, FL,32920 4 Minimum Nights 19968 FLBREV00093487 8600 RIDGEWOOD AVE#3211,CAPE CANAVERAL, FL,32920 4 Minimum Nights 19975 FLBREV00099828 521 JEFFERSON AVE,CAPE CANAVERAL, FL,32920 1 Minimum Nights 19978 FLBREV00093862 232 CHERIE DOWN LN,CAPE CANAVERAL, FL,32920 5 Minimum Nights 19982 FLBREV00100273 7520 RIDGEWOOD AVE#505,CAPE CANAVERAL, FL,32920 2 Minimum Nights 19984 FLBREV00071986 8600 RIDGEWOOD AVE#1101,CAPE CANAVERAL, FL,32920 2 Minimum Nights 19990 FLBREV00071973 8600 RIDGEWOOD AVE#1106,CAPE CANAVERAL, FL,32920 4 Minimum Nights 19995 FLBREV00093957 8309 ROSALIND AVE,CAPE CANAVERAL, FL,32920 2 Minimum Nights 19996 FLBREV00100310 7520 RIDGEWOOD AVE#902,CAPE CANAVERAL, FL,32920 5 Minimum Nights 20000 FLBREV00092919 201 HARBOR DR,CAPE CANAVERAL, FL,32920 3 Minimum Nights 20002 FLBREV00071975 8600 RIDGEWOOD AVE#1110,CAPE CANAVERAL, FL,32920 4 Minimum Nights 20007 FLBREV00093498 8600 RIDGEWOOD AVE#1312,CAPE CANAVERAL, FL,32920 4 Minimum Nights 20008 FLBREV00097920 7400 RIDGEWOOD AVE#209,CAPE CANAVERAL, FL,32920 1 Minimum Nights 20013 FLBREV00095371 403 POLK AVE,CAPE CANAVERAL, FL,32920 5 Minimum Nights 20014 FLBREV00099230 8213 PRESIDENTIAL CT,CAPE CANAVERAL, FL,32920 5 Minimum Nights 20019 FLBREV00100348 7111 POINSETTAAVE,CAPE CANAVERAL, FL,32920 3 Minimum Nights 20036 FLBREV00093500 8600 RIDGEWOOD AVE#1316,CAPE CANAVERAL, FL,32920 1 Minimum Nights 20044 FLBREV00096812 7520 RIDGEWOOD AVE#206,CAPE CANAVERAL, FL,32920 5 Minimum Nights 20048 FLBREV00096775 425 TYLER AVE#9B,CAPE CANAVERAL, FL,32920 1 Minimum Nights 20054 FLBREV00093518 8600 RIDGEWOOD AVE#3304,CAPE CANAVERAL, FL,32920 1 Minimum Nights 20055 FLBREV00099261 140 MONROE AVE,CAPE CANAVERAL, FL,32920 1 Minimum Nights 20060 FLBREV00099390 302 LINCOLN AVE#10,CAPE CANAVERAL, FL,32920 1 Minimum Nights 20066 FLBREV00096551 404 TYLER AVE#6,CAPE CANAVERAL, FL,32920 1 Minimum Nights 20068 FLBREV00093492 8600 RIDGEWOOD AVE#3201,CAPE CANAVERAL, FL,32920 2 Minimum Nights 20069 FLBREV00097926 7400 RIDGEWOOD AVE#215,CAPE CANAVERAL, FL,32920 2 Minimum Nights 20070 FLBREV00099261 140 MONROE AVE,CAPE CANAVERAL, FL,32920 1 Minimum Nights 20071 FLBREV00096933 207 HARRISON AVE,CAPE CANAVERAL, FL,32920 2 Minimum Nights 20072 FLBREV00097909 7400 RIDGEWOOD AVE#112,CAPE CANAVERAL, FL,32920 2 Minimum Nights 20074 FLBREV00096933 207 HARRISON AVE,CAPE CANAVERAL, FL,32920 2 Minimum Nights 20078 FLBREV00093489 8600 RIDGEWOOD AVE#3207,CAPE CANAVERAL, FL,32920 1 Minimum Nights 20079 FLBREV00098101 113 BUCHANAN AVE,CAPE CANAVERAL, FL,32920 3 Minimum Nights 20080 FLBREV00098937 147 RIVERSIDE DR,CAPE CANAVERAL, FL,32920 3 Minimum Nights 20092 FLBREV00094847 7400 RIDGEWOOD AVE#409,CAPE CANAVERAL, FL,32920 2 Minimum Nights 20093 FLBREV00099808 310 MADISON AVE,CAPE CANAVERAL, FL,32920 3 Minimum Nights 20095 FLBREV00097900 7400 RIDGEWOOD AVE#102,CAPE CANAVERAL, FL,32920 1 Minimum Nights 20096 FLBREV00098322 285 MONROE AVE,CAPE CANAVERAL, FL,32920 3 Minimum Nights 20097 FLBREV00098868 304 JOHNSON AVE#304-4,CAPE CANAVERAL, FL,32920 2 Minimum Nights 20098 FLBREV00096457 531 HARRISON AVE,CAPE CANAVERAL, FL,32920 2 Minimum Nights 20103 FLBREV00072000 8600 RIDGEWOOD AVE#3112,CAPE CANAVERAL, FL,32920 4 Minimum Nights 20106 FLBREV00097903 7400 RIDGEWOOD AVE#105,CAPE CANAVERAL, FL,32920 3 Minimum Nights 20108 FLBREV00096457 531 HARRISON AVE,CAPE CANAVERAL, FL,32920 4 Minimum Nights 20109 FLBREV00098417 310 JOHNSON AVE#310-15, CAPE CANAVERAL, FL,32920 4 Minimum Nights 20110 FLBREV00096833 413 BUCHANAN AVE,CAPE CANAVERAL, FL,32920 3 Minimum Nights 20119 FLBREV00096521 7605 RIDGEWOOD AVE#14-1,CAPE CANAVERAL, FL,32920 2 Minimum Nights 20121 FLBREV00097916 7400 RIDGEWOOD AVE#205,CAPE CANAVERAL, FL,32920 2 Minimum Nights 20125 FLBREV00093501 8600 RIDGEWOOD AVE#1315,CAPE CANAVERAL, FL,32920 2 Minimum Nights 20126 FLBREV00100255 7520 RIDGEWOOD AVE#307,CAPE CANAVERAL, FL,32920 2 Minimum Nights 20127 FLBREV00100258 7520 RIDGEWOOD AVE#310,CAPE CANAVERAL, FL,32920 3 Minimum Nights 20130 FLBREV00096887 409 WASHINGTON AVE,CAPE CANAVERAL, FL,32920 2 Minimum Nights 20131 FLBREV00097366 124 HARRISON AVE,CAPE CANAVERAL, FL,32920 4 Minimum Nights 20133 FLBREV00092736 209 LONG POINT RD,CAPE CANAVERAL, FL,32920 3 Minimum Nights 20134 FLBREV00096928 116 TYLER AVE,CAPE CANAVERAL, FL,32920 1 Minimum Nights 20137 FLBREV00098290 7910 AURORA CT,CAPE CANAVERAL, FL,32920 5 Minimum Nights 20141 FLBREV00093496 8600 RIDGEWOOD AVE#1308,CAPE CANAVERAL, FL,32920 3 Minimum Nights 20144 FLBREV00096947 303 HARRISON AVE,CAPE CANAVERAL, FL,32920 2 Minimum Nights 20145 FLBREV00096915 514 HARRISON AVE,CAPE CANAVERAL, FL,32920 3 Minimum Nights 20151 FLBREV00095451 417 POLK AVE,CAPE CANAVERAL, FL,32920 1 Minimum Nights