HomeMy WebLinkAboutcocc_council_mtg_packet_20221206_no_fdot_attachments 2-5CAPE CANAVERAL CITY COUNCIL REGULAR MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
December 6, 2022
6:00 p.m.
AGENDA
Please email public comments before noon to:
cityclerk@cityofcapecanaveral.org
For remote viewing/participation, please go to:
www.cityofcapecanaveral.org/city meetings
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
COUNCIL MEMBERS OATH OF OFFICE
SELECTION OF A MAYOR PRO TEM
APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS
All Agenda Section times are estimates and subject to change.
PRESENTATIONS/INTERVIEWS I 6:15 p.m. - 6:25 p.m.
Presentation in honor of Brevard County Sheriff's Office Sargent Jason McMillin, commending him
for his life-saving actions and dedication to keeping the community safe.
Receive presentation and provide direction to City Manager regarding WastePro Early Renewal
Option.
PUBLIC PARTICIPATION I 6:25 p.m. - 6:40 p.m.: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.
CONSENT AGENDA I 6:40 p.m. - 6:45 p.m.
1. Approve the Minutes of the City Council October 18, 2022 Regular, November 1, 2022
Regular and November 8, 2022 Emergency Meetings.
2. Resolution No. 2022-30; adopting a Fee Schedule for the Nancy Hanson Recreation
Complex (NHRC); providing for the repeal of prior inconsistent resolutions, severability
and an effective date.
3. Approve the proposed 2023 City Council Regular and Budget Meeting Schedule.
4. Approve Purchase and Installation of Municipal Complex Lightning Protection System
Upgrade by EMP Solutions, Inc. of Fishers, IN in the amount of $29,300.
City of Cape Canaveral, Florida
City Council Regular Meeting • December 6, 2022
Agenda • Page 2 of 2
PUBLIC HEARING I 6:45 p.m. - 6:50 p.m.
5. Ordinance No. 20-2022; 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, 2021, and ending
September 30, 2022; providing for an effective date, second reading.
ITEMS FOR ACTION I 6:50 p.m. —7:50 p.m.
6. Appoint a Voting Delegate/Director and Alternate to the Space Coast League of Cities.
7. Appoint a Council Member as the 2023 Voting Delegate to the Space Coast Transportation
Planning Organization Governing Board, representing the North Beaches Coalition.
8. Reappoint Resilience Engineering Services Manager Alexis Miller 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.
9. Consider the Proposal from Kimley-Horn and Associates, Inc. (KH) in the amount of
$15,000 for the completion of an engineering parking analysis, and authorize the City
Manager to execute same.
10. Award Bid for construction of Structural Buildings at the Water Reclamation Facility to C&D
Construction, Inc. of Cocoa, Florida in the amount of $1,443,700 and authorize City
Manager to execute Construction Agreement for same.
DISCUSSION I 7:50 p.m. - 8:05 p.m.
11. Discuss and provide direction to Florida Department of Transportation (FDOT)
regarding design considerations for State Road (SR) AlA in Cape Canaveral.
REPORTS I 8:05 p.m. - 8:15 p.m.
INFORMATIONAL I Items are presented for informational purposes only;no action to be taken.
12. Monthly Financial Reports — September + October 2022.
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.
DRAFT
SUN SPACE AND SEA
CITY OF
CAPE CANAVERAL
OATH OF OFFICE
I, Kim Davis, do solemnly swear that I will support, protect and defend the
Constitution of the United States of America and of the State of Florida and
the Charter and Ordinances of the City of Cape Canaveral, Florida; and that
am entitled to hold office in the City of Cape Canaveral, Florida; and that
will faithfully perform all of the duties of the Office of City Council of the City
of Cape Canaveral. So help me God.
Kim Davis
ATTEST:
Mia Goforth, CMC
CITY CLERK
Oath administered by:
Anthony A. Garganese
CITY ATTORNEY
on this 6th day of December 2022
DRAFT
SUN SPACE AND SEA
CITY OF
CAPE CANAVERAL
OATH OF OFFICE
I, Maria "Mickie" Kellum, do solemnly swear that I will support, protect and
defend the Constitution of the United States of America and of the State of
Florida and the Charter and Ordinances of the City of Cape Canaveral, Florida;
and that I am entitled to hold office in the City of Cape Canaveral, Florida;
and that I will faithfully perform all of the duties of the Office of City Council
of the City of Cape Canaveral. So help me God.
Maria "Mickie" Kellum
ATTEST:
Mia Goforth, CMC
CITY CLERK
Oath administered by:
Anthony A. Garganese
CITY ATTORNEY
on this 6th day of December 2022
SUN SPACE AND SEA
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • DECEMBER 6, 2022
AGENDA ITEM SUMMARY
Subject: Selection of the Mayor Pro Tern
Department: City Clerk's Office
Summary: Section 2.03(b) of the City Charter and Section 2-62 of the City Code detail the
requirement, timing and purpose of City Council electing a Mayor Pro Tern (MPT) annually. The
duties of the Mayor Pro Tern include presiding over City Council meeting in the Mayor's absence,
assisting or standing-in for the Mayor for ceremonial activities of the City, and attending functions
hosted by other government agencies, local businesses and associations.
City Council serve as the members of the Community Redevelopment Agency (CRA) Board.
Therefore, the Mayor and Mayor Pro Tern serve as the Chair and Vice Chair of the CRA Board,
respectively.
As in 2021 and now again in 2022, Staff suggests Council follow this method to nominate and elect
this year's Mayor Pro Tern:
1. The Mayor and each Council Member individually place a check on their Mayor Pro Tern
Nomination Slip (see Attachment), indicating their choice for MPT nomination.
2. All Slips shall be handed to the City Attorney, who will then read-off the nominations.
3. a. If a Member receives three or more nominations, and accepts the nomination, said
Member shall be the nominee.
b. If one Member receives two nominations, with no other Member receiving two or
more, and accepts the nomination, said Member shall be the nominee.
c. If two Members each receive two nominations, and both accept nomination, a
second round of nominations, limited to those two, will be conducted via cards.
Whoever receives three nominations in the second round shall be the nominee.
4. Should a Member not accept the nomination,any nominations for them shall be considered
void and the Member with the next highest, or equal, number of nominations shall be
the nominee. If need be, the process may be redone, excluding said Member as a choice.
5. A roll-call vote shall be held for election of the nominee as MPT.
Council Member Willis plans to attend this City Council Meeting remotely. Therefore, Council
may consider a different method to nominate/elect this year's Mayor Pro Tern if they so choose.
Submitting Department Director: Mia Goforth
Attachment: Mayor Pro Tern Nomination Slip
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo
MAYOR WES MORRISON Attachment
Vote once for Mayor Pro Tern nomination
❑Kim Davis ❑Mickie Kellum ❑Angela Raymond ❑Don Willis
COUNCIL MEMBER KIM DAVIS
Vote once for Mayor Pro Tern nomination
❑Kim Davis ❑Mickie Kellum ❑Angela Raymond ❑Don Willis
COUNCIL MEMBER MICKIE KELLUM
Vote once for Mayor Pro Tern nomination
❑Kim Davis ❑Mickie Kellum ❑Angela Raymond ❑Don Willis
COUNCIL MEMBER ANGELA RAYMOND
Vote once for Mayor Pro Tern nomination
❑Kim Davis ❑Mickie Kellum ❑Angela Raymond ❑Don Willis
COUNCIL MEMBER DON WILLIS
Vote once for Mayor Pro Tern nomination
❑Kim Davis ❑Mickie Kellum ❑Angela Raymond ❑Don Willis
SUN SPACE AND SEA
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • DECEMBER 6, 2022
AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS
Subject: Presentation of Certificate of Commendation in honor of Brevard County Sheriff's Office
Sergeant Jason McMillin, commending him for his life-saving actions and dedication to keeping the
community safe.
Department: City Manager's Office & Canaveral Precinct
Summary: On May 16, 2022, Brevard County Sheriff's Office (BCSO) Sergeant Jason McMillin (Sgt.
McMillin) was dispatched to a residence in the City responding to an individual who was not
breathing normally. Upon arriving on-scene and assessing the situation, Sgt. McMillin quickly
realized the individual was having some sort of cardiac episode and had stopped breathing. After
checking for and finding no pulse, Sgt. McMillin immediately began cardiopulmonary resuscitation
(CPR) efforts in an attempt to bring the individual back.
Canaveral Fire Rescue (CFR) arrived on-scene and requested Sgt. McMillin continue providing the
individual with CPR. As CFR began to evaluate the situation, they realized the individual regained
a pulse and was quickly transported to Cape Canaveral Hospital. Sgt. McMillin's quick response very
likely saved the 42-year old individual's life, whose mother later shared extreme gratefulness to
BCSO.
BCSO Canaveral Precinct Commander Byron Keck and Lieutenant Brett Lockhart provided the City
details of this account, for which Sgt. McMillin was awarded a Life Saving Bar and became Deputy
of the Month for June 2022 at BCSO Canaveral Precinct.
The City of Cape Canaveral Mayor, Council and Staff now wish to recognize and commend Sgt.
McMillin for his life-saving actions and dedication to keeping the community safe.
Submitted by: City Manager Morley & BCSO Commander Keck
Attachment: Certificate of Commendation
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo
The City Manager recommends the City Council take the following action:
Present the Certificate to Sgt. Jason McMillin.
Approved by City Manager: Todd Morley
The City of Cape Canaveral
SUN SPACE AND SEA
CITY OF CAPE CANAVERAL
THE SPACE BETWEEN
SUN + SEA
Certificate of Commendation
presented to
Sergeant Jason McMillin of the
Brevard County Sheriff's Office Canaveral Precinct
for his life-saving actions taken on May 16, 2022 and
for his dedication to keeping the community safe.
Signed and Sealed this
Mayor:
Attest:
City Clerk
SUN SPACE AND SEA
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • DECEMBER 6, 2022
AGENDA ITEM SUMMARY CAPE CANAVERAL
Subject: Receive presentation and provide direction to City Manager regarding WastePro Early
Renewal Option.
Department: City Manager's Office
Summary: Earlier this year, WastePro informally approached the City Manager to discuss the effect
of inflationary pressures and the corresponding effect on their operations.
The WastePro contract (Attachment 1) was approved in 2014 via Ordinance No. 13-2014. The
WastePro contract was amended via Ordinance No. 03-2015 to provide for annual payments to the
City in lieu of Performance Bonds or Letter of Credit for the initial five-year term (Attachment 2). In
2019, the WastePro contract was extended through September 30, 2024 (Attachment 3). This is the
current and latest extension.
The City's residential rate, beginning January 2023, is $12.02 and the commercial rate is $4.16/cubic
yard.
As the year progressed, and because inflationary pressures continued to escalate, WastePro
approached the City Manager with a concept intended to ease those pressures while balancing the
interests of the City of Cape Canaveral with a potential win-win scenario. During the current year,
WastePro representatives also met with City Council Members one-on-one to discuss the concept.
Specifically proposed: an early contract renewal with a modest price increase now (as early as
January 2023), in exchange for the assurance of continued competitive rates through 2027.
WastePro representatives are here tonight to provide an overview of the concept and receive City
Council feedback.
Submitting Department Director: Todd Morley
Attachments:
1. Ordinance No. 13-2014, adopting the WastePro contract.
2. Ordinance No. 03-2015, amending the contract to provide for annual payments to the City
in lieu of Performance Bonds or Letter of Credit for the initial five-year term.
3. Contract Renewal letter and City Council Minutes, March 19, 2019.
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo
The City Manager recommends the City Council take the following actions: Receive
presentation and provide direction to City Manager regarding WastePro Early Renewal Option.
Approved by City Manager: Todd Morley
Attachment 1
ORDINANCE NO. 13-2014
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA, ADOPTING A
REVISED SOLID WASTE FRANCHISE AGREEMENT
WITH WASTE PRO OF FLORIDA, INC. PURSUANT TO
SECTION 2.12(3) OF THE CITY CHARTER; ADOPTING
THE SOLID WASTE RATES SET FORTH IN THE SOLID
WASTE FRANCHISE AGREEMENT; PROVIDING FOR
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, INCORPORATION INTO THE CODE,
SEVERABILITY,AND AN EFFECTIVE DATE.
WHEREAS,the City is granted the authority,under Section 2(b),Article VIII,of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, Section 2.12(3) of the City Charter, which was approved by the voters in
2010, requires that the City Council approve all franchise agreements by Ordinance; and
WHEREAS, there is an immediate and continuing need for the collection and disposal of
bulk trash, refuse, vegetative waste, recyclable materials, white goods, and construction and
demolition debris from residents,businesses,and other entities within the municipal boundaries of
the City of Cape Canaveral; and
WHEREAS, Waste Pro of Florida, Inc. ("Waste Pro") has the necessary equipment,
personnel, and experience to properly collect and dispose of solid waste; and
WHEREAS, Resolution 2009-24, adopted on August 4, 2009 awarded a franchise to
Waste Pro of Florida, Inc. and included two five (5) year renewal options; and
WHEREAS, on July 19, 2011, the City and Waste Pro mutually agreed to amend the
Franchise Agreement to streamline/simplify billing for Commercial customers to include the
billing for the wheels and lock bars services provided by Waste Pro; and
WHEREAS,the City Council of the City Council of Cape Canaveral,Florida hereby finds
this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of
the City of Cape Canaveral and its resident businesses and other entities to grant the franchise to
Waste Pro of Florida, Inc. to provide for the collection and disposal of bulk trash, refuse,
vegetative waste,recyclable materials, and construction&demolition debris as agreed upon in the
attached Solid Waste Agreement, effective October 1, 2014; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
City of Cape Canaveral
Ordinance No. 13-2014
Page 1 of 3
this reference and are deemed a material part of this Resolution.
Section 2. Adoption of Solid Waste Franchise Agreement. The City Council of
the City of Cape Canaveral, Florida hereby approves and adopts the Solid Waste Agreement
between the City of Cape Canaveral, Florida and Waste Pro of Florida, Inc. A copy of said
Agreement is attached hereto as "Attachment A," and is fully incorporated herein by this
reference, and shall become effective on October 1, 2014.
Section 3. Adoption of Solid Waste Rates. The City Council of the City of Cape
Canaveral, Florida hereby approves and adopts the solid waste rates set forth in"Exhibit A"to the
Solid Waste Agreement, attached hereto as"Attachment A." The Solid Waste Rates, as may be
amended or annually adjusted by the consumer price index pursuant to Paragraph 5.0 of the Solid
Waste Agreement, shall be incorporated into the Code in accordance with Section 5 of this
Ordinance.
Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions or parts of ordinances and resolutions in conflict herewith
are hereby repealed to the extent of the conflict.
Section 5. Incorporation of Franchise Agreement Into Code. The terms and
conditions of the Solid Waste Agreement shall be incorporated into the Cape Canaveral City Code
and any section or paragraph, number or letter, and any heading may be changed or modified as
necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be
corrected and additions, alterations, and omissions, not affecting the construction or meaning of
this ordinance and the City Code may be freely made.
Section 6. Severability. If any section, subsection, sentence,clause,phrase,word,or
portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
Section 7. Effective Date. This Ordinance shall become effective immediately
upon adoption by the City Council of the City of Cape Canaveral, Florida and shall be given
retroactive effect commencing on October 1, 2014.
[Adoption page follows]
City of Cape Canaveral
Ordinance No. 13-2014
Page 2 of 3
ADOPTED by the City Council of the City of Cape Canaveral, Florida this 21st day of
October, of 2014.
(Signature)
ROCKY RANDELS, Mayor
(Signature)
ANGELA APPERSON, City Clerk
ATTEST:
Name FOR AGAINST
John Bond Second
Bob Hoog X
Buzz Petsos Motion
Rocky Randels X
Betty Walsh X
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
Kimberly Kipp, Esq. for
ANTHONY A. GARGANESE,City Attorney
First Reading: September 16, 2014
Legal Ad Published: September 25, 2014
Second Reading: October 21, 2014
City of Cape Canaveral
Ordinance No. 13-2014
Page 3 of 3
SEAL of Cape Canaveral, Florida
Attachment "A" to Ordinance No. 13-2014
SOLID WASTE AGREEMENT
THIS AGREEMENT made and entered into this 21st 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 putrescilbe 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.
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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.
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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
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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
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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
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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 -
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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 '/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 vegetation
debris they produce. Customers will be responsible for
associated fees set forth in Exhibit"A".
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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
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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
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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
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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.,
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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 1/2 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
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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".
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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
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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:
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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.
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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.
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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).
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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
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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.
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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
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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
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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.
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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.
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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
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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
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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
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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.
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16.3 Endorsement. All insurance policies maintained pursuant to this Agreement
shall contain an endorsement in substantially the following form:
It is hereby understood and agreed that this insurance
policy may not be modified or canceled by the insurance
company nor the intention not to renew be stated by the
insurance company until thirty (30) Days after receipt by
the City of Cape Canaveral City Manager by certified mail,
of a written notice of such intention to cancel or not to
renew.
16.4 State Institution. All insurance policies provided pursuant to this Agreement
shall be written by companies authorized by the Florida Insurance
Commissioner to do business in the State of Florida as an insurance company.
The insurance company shall have a Best Insurance rating of A or better, unless
otherwise approved by the Authorized Representative.
16.5 Named Insured. The City shall be an additional named insured for all insurance
policies written pursuant to this Agreement, as the City's interests may appear
from time to time.
16.6 Changes in Policy Limits. To offset the effects of inflation and to reflect
changing liability limits, all of the coverage, limits, and amounts of the insurance
provided for herein are subject to reasonable increases at the end of every two
(2) year period of this Agreement, applicable to the next two (2) year period or
termination date of this Agreement (whichever occurs first), at the City's
discretion, but not to exceed the 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:
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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;
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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.
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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.
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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
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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
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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.
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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.
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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):
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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
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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: City of Cape Canaveral, Florida
A Florida municipal corporation
(Signature) (Signature)
Angela M. Apperson, City Clerk Rocky Randels, Mayor
Solid Waste Agreement
City of Cape Canaveral/Waste Pro of Florida, Inc.
Page 43 of 44
SEAL of Cape Canaveral, Florida
Attachment "A" to Ordinance No. 13-2014
Contractor:
Witness: Waste Pro of Florida, Inc.
(Signature) (Signature)
Print Name Richard Meinert Print Name Title Tim Dolan
Regional Vice President
Corporate Seal
Solid Waste Agreement
City of Cape Canaveral/Waste Pro of Florida, Inc.
Page 44 of 44
SEAL
Exhibit "A" to Solid Waste Franchise Agreement
City of Cape Canaveral Solid Waste Rate Schedule
Services billed by the City Monthly Fee
User Category Code Effective Jan 2015
Single Family - CART, vegetative waste,
Bulk, single stream recycling service and
weekly clam truck vegetative waste pick up. SFR1 $9.75
Mobile Home - CART, vegetative waste,
Bulk, single stream recycling service and
weekly clam truck vegetative waste pick up. MHR2 $9.75
Multi - Family- vegetative waste, Bulk, single
stream recycling service and weekly clam truck
vegetative waste pick up. RCCM $2.95
Commercial CART service CANS $11.91
Commercial single stream recycling cart service CSSR $1.94
Monthly Container (dumpster) yards $29.08
Cubic yard rate See $3.36
Extra pick-up container yards Page 2 $4.38
Wheels & Lock Bars (dumpsters only) WHEE $38.76
Description of Services Billed by Contractor
Roll off container
20, 30 & 40 yard open top per pull $177.20
Roll off compactors
15, 20, 30 & 40 yard monthly rate $498.39
Compactor per pull charge
15, 20, 30 & 40 yard per pull $177.20
Delivery charge for all roll off type containers $83.07
Vegetative Waste Special Pick up
(use of cherry picker, claw or clam truck)
Full truck per pick up - more than 10 cubic yards $132.90
1/2 truck per pick up - less than 10 cubic yards $66.45
Commercial Recycling Dumpsters Market Rates
Page 1 of 2
Exhibit "A" to Solid Waste Franchise Agreement
City of Cape Canaveral Solid Waste Rate Schedule
Rate
Size of Dumpster/ Frequency of Pick Up Code Jan 2015
DUMPSTER 2CU 2 PU GX22 $58.15
DUMPSTER 2 CU 3 PU GX23 $96.07
DUMPSTER 2 CU 4 PU GX24 $133.98
DUMPSTER 2 CU 5 PU GX25 $171.90
DUMPSTER 2 CU 6 PU GX26 $209.82
DUMPSTER 3'CU 2 PU GX32 $87.23
DUMPSTER 3 CU 3 PU GX33 $144.10
DUMPSTER 3 CU 4 PU GX34 $200.98
DUMPSTER 3 CU 5 PU GX35 $257.85
DUMPSTER 3 CU 6 PU GX36 $314.73
DUMPSTER 4 CU 2 PU GX42 $116.31
DUMPSTER 4 CU 3 PU GX43 $192.14
DUMPSTER 4 CU 4 PU GX44 $267.97
DUMPSTER 4 CU 5 PU GX45 $343.80
DUMPSTER 4 CU 6 PU GX46 $419.63
DUMPSTER 6 CU 2 PU GX62 $174.46
DUMPSTER 6 CU 3 PU GX63 $288.21
DUMPSTER 6 CU 4 PU GX64 $401.95
DUMPSTER 6 CU 5 PU GX65 $515.70
DUMPSTER 6 CU 6 PU GX66 $629.45
DUMPSTER 8,CU 2 PU GX82 $232.61
DUMPSTER 8 CU 3 PU GX83 $384.27
DUMPSTER 8 CU 4 PU GX84 $535.94
DUMPSTER 8 CU 5 PU GX85 $687.60
DUMPSTER 8 CU 6 PU GX86 $839.27
Page 2 of 2
Exhibit "B" to Solid Waste Franchise Agreement
City Controlled Property
The list of services outlined in this exhibit will be provided to the City free of charge. This list will be updated as permanent
facilities are added to the City facilities. Temporary construction projects are not included in this list.
Commercial Service,Solid Waste and Recycling
Facility Location Size Frequency Qty Recycling Additional Information
Police Precinct 111 Polk Ave 4 yard 2xWeek 1 Yes
City Hall 105 Polk Ave N/A N/A N/A Yes
City Library 201 Polk Ave 2 yard 2xWeek 1 Yes
Public Works 601 Thurm Blvd 2 yard 2xWeek 1 Yes
Public Works 601 Thurm Blvd 30 yard OT As Needed 1 N/A Solid Waste
Public Works 601 Thurm Blvd 30 yard OT As Needed 2 N/A Yard Waste
Public Works 601 Thurm Blvd 15 yard OT As Needed 1 N/A Metal
Fire Department 190 Jackson Ave 2 yard 2xWeek 1 Yes
Manatee Park 701 Thurm Blvd 2 yard 2xWeek 1 Yes
Leisure Services 7300 N.Atlantic N/A N/A N/A Yes
Youth Center 7920 Orange Ave 96 gal 2xWeek 2 Yes
Beachend Crossovers and Bus Stops-Solid Waste and Recycling
Facility Location Size Frequency Qty Recycling Additional Information
Johnson Ave 96 gal 6xWeek 2 Yes
Lincoln Ave 96 gal 6xWeek 2 Yes
Buchanan Ave 96 gal 6xWeek 2 Yes
Pierce Ave 96 gal 6xWeek 2 Yes
Fillmore Ave 96 gal 6xWeek 2 Yes
Taylor Ave 96 gal 6xWeek 2 Yes
Polk Ave 96 gal 6xWeek 2 Yes
Tyler Ave 96 gal 6xWeek 2 Yes
Harrison Ave 96 gal 6xWeek 2 Yes
Jackson Ave 96 gal 6xWeek 2 Yes
Monroe Ave 96 gal 6xWeek 2 Yes
Madison Ave 96 gal 6xWeek 2 Yes
Jefferson Ave 96 gal 6xWeek 2 Yes
Adams Ave 96 gal 6xWeek 2 Yes
Washington Ave 96 gal 6xWeek 2 Yes
Canaveral Sands 96 gal 6xWeek 2 Yes
Harbor Heights 96 gal 6xWeek 2 Yes
All Public Transportation Bus Stop locations currently in place and any future Bus Stop locations added by
the City will be emptied six(6)times a week. It will be the City's responsibility to notify Contractor of
additional locations.
City Sponsored SPECIAL EVENTS(Shall include trash and recycling carts)
Friday Fest Taylor/Poinsetta Ayes 1st Friday of Each Month
Space Coast
Music Festival Manatee Park September Annually
Heritage Day/
Spring Festival Manatee Park March Annually
Reindeer Run Cherie Down Park December Annually
Page 1 of 2
Exhibit"B" to Solid Waste Franchise Agreement
City Controlled Property
All Public City Trash and Recycling locations currently in place and any future locations added by the City
will be emptied two(2)times a week. It will be the City's responsibility to notify Contractor of additional
locations. Below is the list:
Facility Location Size Frequency Qty Recycling Additional Information
Center St Park Center St on River Can 2xWeek 1 Yes
W.Central Blvd Ditch w/Bench Can 2xWeek 1 No
W.Central Blvd West of N.Atlantic Can 2xWeek 1 No
N Atlantic Ave Across from 8580 Can 2xWeek 1 No
Washington Ave Across from 217 Can 2xWeek 1 No
Washington Ave Across from 313 Can 2xWeek 1 No
Basketball Court 7920 Orange Ave Can 2xWeek 2 No
Large Baseball
Field 7920 Orange Ave Can 2xWeek 5 Yes
Small Baseball
Field 7920 Orange Ave Can 2xWeek 5 Yes
SandPiper Park Magnolia & Harrison Can 2xWeek 4 Yes
Veterans
Memorial Park Polk & Orange Can 2xWeek 2 No
Xerscape Park Taylor Ave Can 2xWeek 3 No
Recreation
Complex 7300 Taylor Ave Can 2xWeek 6 Yes
Patriots Park Long Point & Sunset Can 2xWeek 2 No
Manatee
Sanctuary Park 701 Thurm Blvd Can 2xWeek 8 Yes
Banana River Park 901 River Park Drive Can 2xWeek 2 No
Page 2 of 2
Attachment 2
ORDINANCE NO.03-2015
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA, AMENDING THE
SOLID WASTE AGREEMENT BETWEEN THE CITY AND
WASTE PRO OF FLORIDA, INC., PURSUANT TO SECTION
2.12 OF THE CITY CHARTER, TO PROVIDE FOR ANNUAL
PAYMENTS TO THE CITY IN LIEU OF A PERFORMANCE
BOND OR LETTER OF CREDIT FOR THE INITIAL FIVE-
YEAR TERM; PROVIDING FOR REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS,
INCORPORATION INTO THE CODE, SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes,except when expressly prohibited by law;
and
WHEREAS, Sections 2.12(3) and 2.12(8) of the City Charter respectively require that the
City Council approve all franchise agreements and amendments thereto by Ordinance;and
WHEREAS, Waste Pro of Florida, Inc. ("Waste Pro") has the necessary equipment,
personnel,and experience to properly collect and dispose of solid waste;and
WHEREAS, Resolution 2009-24, adopted on August 4, 2009 awarded a franchise to
Waste Pro of Florida, Inc.and included two five(5)year renewal options; and
WHEREAS, on July 19, 2011, the City and Waste Pro mutually agreed to amend the
Franchise Agreement to streamline/simplify billing for Commercial customers to include the
billing for the wheels and lock bars services provided by Waste Pro;and
WHEREAS, on October 21, 2014, the City Council adopted Ordinance No. 13-2014, which
adopted a revised Solid Waste Agreement with Waste Pro;and
WHEREAS, the City Council desires to amend the Solid Waste Agreement to accept certain
payments from Waste Pro in lieu of requiring a performance bond or irrevocable letter of credit pursuant
to all of the terms and conditions set forth herein;and
WHEREAS, the City Council of the City of Cape Canaveral, Florida hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of the City
of Cape Canaveral and its resident businesses and other entities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL,BREVARD COUNTY,FLORIDA,HEREBY ORDAINS AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference and are deemed a material part of this Ordinance.
City of Cape Canaveral
Ordinance No.03-2015
Page 1 of 3
Section 2. Amendment of Solid Waste Franchise Agreement. Attachment"A"to Ordinance
13-2014, the Solid Waste Agreement between the City of Cape Canaveral, Florida and Waste Pro of
Florida, Inc.,is hereby amended as follows(underlined type indicates additions and strikeeut type indicates
deletions, while asterisks (***) indicated a deletion from this Ordinance of text existing in the Agreement.
It is intended that the text in the Agreement denoted by the asterisks and set forth in this Ordinance shall
remain unchanged from the language existing prior to adoption of this Ordinance):
Attachment"A" to Ordinance No. 13-2014
Solid Waste Agreement
***
12.3 Waiver or Reduction of Bond/Letter of Credit.
A. Waiver of Bond/Letter of Credit for Initial Five Year Term. The
Contractor shall not be required to obtain a Performance Bond or
Irrevocable Letter of Credit for the initial five-year term of this
Agreement, as otherwise required by Paragraph 12.0 herein, provided
that the Contractor submits annual payments to the City of Two-
Thousand,Five-Hundred and No/00 Dollars ($2,500.00) prior to January
31st of each year of the initial five-year term, beginning in January,
2015. In the event that the Contractor fails to timely submit such
payments to the City, a Performance Bond or Irrevocable Letter of Credit
shall be required as otherwise set forth herein.
B. Additional Waivers or Reductions 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 a
renewal term of this Agreement or additional periods of time, when it is
determined by the City's City Council to be in the public interest. Upon
written application by the Contractor, the City may, at its sole option,
permit the terms of the requirements of the performance bond/letter of
credit to be altered for the a renewal term of this Agreement or additional
periods of time, when it is determined by the City Council to be in the
public interest.
***
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions or parts of ordinances and resolutions in conflict herewith are
hereby repealed to the extent of the conflict.
Section 4. Incorporation of Amendment to Agreement Into Code. The amendment to the
Solid Waste Agreement shall be incorporated into the Cape Canaveral City Code and any section or
paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate
the foregoing. Grammatical, typographical, and like errors may be corrected and additions,
City of Cape Canaveral
Ordinance No.03-2015
Page 2 of 3
alterations, and omissions, not affecting the construction or meaning of this ordinance and the City
Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word, or portion
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
Section 6. Effective Date. This Ordinance shall become effective immediately
upon adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida this 17th day of
February,2015.
(Signature)
Rocky Randels, Mayor
ATTEST:
Name For Against
John Bond X
Robert Hoog X
Buzz Petsos Motion
Rocky Randels X
Betty Walsh Second
(Signature)
Angela Apperson, MMC,
City Clerk
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
(Signature)
ANTHONY A.GARGANESE, City Attorney
First Reading: January 20, 2015
Legal Ad Published: January 29, 2015
Second Reading: February 17, 2015
City of Cape Canaveral
Ordinance No.03-2015
Page 3 of 3
SEAL of Cape Canaveral, Florida
Attachment 3
Attachment 1
WASTE PR0
Caring For Our Communities
3/12/2019
Mr. David Greene
City Manager
City of Cape Canaveral
105 Polk Ave
Cape Canaveral, Florida 32920
RE: Renewal of the Solid Waste Agreement,City of Cape Canaveral/Waste Pro of Florida, Inc.
Dear Mr. David Greene,
This purpose of this letter is to confirm Waste Pro of Florida, Inc., desire to renew the Solid Waste
Agreement for an additional five (5) year term.
Waste Pro is excited and appreciative to continue our partnership with the City of Cape Canaveral.
Waste Pro appreciates the City's time and consideration of above request. Waste Pro desires to
continue to provide outstanding service to the residents and business owners of the City of Cape
Canaveral,through a trusted and valued partnership.
Respectfully, ✓
Daniel Robson
Cocoa Division Manger
Waste Pro of Florida, Inc.
CAPE CANAVERAL CITY COUNCIL REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
100 Polk Avenue, Cape Canaveral, Florida
TUESDAY
March 19, 2019
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:02 PM. Council Member
Raymond led the Pledge of Allegiance.
ROLL CALL:
Council Members Present:
Mayor Pro Tern Mike Brown
Mayor Bob Hoog
Council Member Wes Morrison
Council Member Rocky Randels
Council Member Angela Raymond
Others Present:
City Manager David L. Greene
City Attorney Anthony Garganese
Deputy City Clerk Daniel LeFever
Community Development Director David Dickey
Community Services Director Joshua Surprenant
Administrative/Financial Services Director John DeLeo
Capital Projects Director Jeff Ratliff
Culture and Leisure Services Director Gustavo Vergara
Economic Development Director Todd Morley
Executive Assistant to the City Manager Lisa Day
Brevard County Sheriff's Office Lieutenant Michael Green
Canaveral Fire Rescue Assistant Chief/Fire Marshal John Cunningham
PUBLIC PARTICIPATION: Dina Reider-Hicks, representing Waste Management Inc., urged
Council to consider a shorter renewal term for the City's agreement with WastePro of Florida, Inc.
CONSENT AGENDA: Mayor Hoog inquired if any items needed to be removed for discussion.
Council Member Morrison removed Item Nos. 4 and 5.
1. Approve Minutes for February 19, 2019 City Council Regular Meeting.
2. Resolution No. 2019-01; modifying and updating the City's list of State Road A1A
Improvement Priorities; requesting the Florida Depaitment of Transportation provide an updated
traffic study for the portion of State Road A1A located within the City of Cape Canaveral;
providing for the repeal of prior inconsistent resolutions, severability and an effective date.
3. Resolution No. 2019-06; endorsing the East Coast Greenway route through the City of
Cape Canaveral, Florida; providing for the repeal of prior inconsistent resolutions, severability
and an effective date.
City of Cape Canaveral,Florida
City Council Regular Meeting
March 19, 2019
Page 2 of 4
4. Approve the Unsafe Building Compliance and Code Lien Satisfaction Agreement for
property located at 305 Surf Drive and authorize City Manager to execute same.
5. Approve renewal of Solid Waste Agreement with Waste Pro of Florida, Inc. for an
additional five (5) years.
A motion was made by Council Member Randels, seconded by Council Member Raymond,
for approval of Item Nos. 1, 2 and 3. The motion carried 5-0.
#4 Discussion ensued and included history of City Code Enforcement liens on the property,
hard and soft costs, duties and responsibilities of the property's buyer, amount of lien reduction
versus funds already expended by the City,Wells Fargo having priority over the City on recouping
funds if another option is taken, benefits to both the neighborhood and the City as a whole, the
City cutting losses in an effort to remedy a long-standing issue, further degradation of the property
and additional costs to the City if agreement is not accepted,projected timeline of events,previous
incidents of Code Enforcement lien reductions and setting precedents,planned use of a magistrate
to provide for a more effective Code Enforcement process and recent revisions to the agreement
that provide a stronger benefit to the City. A motion was made by Council Member Randels,
seconded by Council Member Raymond,for approval of Item No.4.The motion carried 4-1,
with Council Member Morrison voting against.
#5 Discussion ensued regarding facility tours provided by Waste Management, no notable
complaints regarding WastePro from Council Members or City residents, future waste collection
changes and costs,possibility of 12-30 month renewals rather than five years,reevaluating service
providers during the next renewal process,WastePro's excellent service to the City,post-hurricane
clean-up efforts, the City being the first in Brevard County to contract with WastePro, positive
actions taken by WastePro when initial agreement was signed in 2009 and terms of the Agreement
allowing for tennination for performance reasons. A motion was made by Mayor Pro Tern
Brown, seconded by Council Member Randels, for approval of Item No. 5 as written. The
motion carried 4-1,with Council Member Morrison voting against.
PUBLIC HEARINGS:Mayor Hoog detailed a request from the Applicant for Item No. 9 to move
the Item to the beginning of Public Hearings. Council reached consensus to hear the Item first.
6. Ordinance No. 08-2019; changing the Zoning Map Designation of certain real property
generally located at 8550 Astronaut Boulevard in Cape Canaveral, Florida, and more particularly
depicted and legally described on Exhibit "A" attached hereto, from "C-2
Commercial/Manufacturing" to "PD Planned Development" subject to the Land Use Plan
approved by the City Council in conjunction with this Ordinance;providing for the repeal of prior
inconsistent ordinances and resolutions, severability and an effective date, first reading. (Tom C.
Hermansen/Cape Canaveral Joint Venture, Applicant/Owner): City Attorney Garganese read the
title into the record. Mayor Hoog, Mayor Pro Tern Brown and Council Member Morrison
disclosed they had spoken with Mr. Hermansen prior to the Hearing.Discussion ensued regarding
requirements for quasi-judicial hearings. Mr. Hermansen addressed Council regarding
discussions with Council and City Staff, history of the property, efforts to find tenants to fill the
entire structure,feasibility in converting part of the property to air-conditioned self-storage,strong
demand for and lack of available air-conditioned self-storage facilities in the area, property not
currently zoned for self-storage after a 2010 City Zoning Map change, lower parking space
City of Cape Canaveral,Florida
City Council Regular Meeting
March 19, 2019
Page 3 of 4
requirements for self-storage facilities and efforts for a signalized intersection at State Road Al A
and Thum Boulevard. The Public Hearing was opened. There being no comment, the Public
Hearing was closed. Council discussion ensued and included the need to utilize and fill empty
buildings,history of manufacturing facilities in the City,a reduction in parking spaces could allow
for outparceling other portions of the property,how said outparcels could be utilized,the physical
shape of the City's landmass skewing demographic studies for businesses and a firm desire for
no parking garages to be built on the site. A motion was made by Council Member Randels,
seconded by Council Member Morrison, for approval of Ordinance No. 08-2019 at first
reading. The motion carried 5-0.
7. Resolution No. 2019-02; adopting the City of Cape Canaveral, Florida Wastewater and
Stormwater Facilities Plan; authorizing the submittal of the Plan to the Florida Department of
Environmental Protection; providing for the repeal of prior inconsistent resolutions, severability
and an effective date: City Attorney Garganese read the title into the record. Discussion ensued
and included immense efforts by City Staff and contractors in preparing the Plan, the City
continuing to take a proactive stand on stormwater and wastewater improvements, how adopting
this Plan is a requirement of the City's State Revolving Fund Program loans and ad valorem funds
are not used for stormwater and wastewater items. The Public Hearing was opened. There being
no comment,the Public Hearing was closed. Discussion continued and included the thoroughness
of the Plan and confidence in the City's ability to accomplish its goals. A motion was made by
Council Member Morrison,seconded by Mayor Pro Tem Brown,for adoption of Resolution
No. 2019-02. The motion carried 5-0.
8. Ordinance No. 06-2019;relating to the State Revolving Fund Program;pursuant to Section
2.12(5) of the City Charter authorizing one or more loan applications to be filed with the State of
Florida Depaitment of Environmental Protection in a total amount not to exceed six million five
hundred thousand dollars for purposes of funding certain wastewater and stormwater
improvement projects; authorizing the loan agreement(s); establishing pledged revenues;
designating authorized representatives; providing assurances; 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. Discussion ensued and included prior
wastewater and stormwater improvements, environmental benefits, investing in the future,
focusing on the long-term and the City's successful rate of accomplishments. The Public Hearing
was opened. There being no comment, the Public Hearing was closed. A motion was made by
Council Member Randels, seconded by Mayor Pro Tem Brown, for adoption of Ordinance
No. 06-2019 at second reading. The motion carried 5-0.
9. Ordinance No. 07-2019;relating to the State Revolving Fund Program;pursuant to Section
2.12(5) of the City Charter amending Ordinance No. 01-2013 to increase the total authorized loan
amount by an additional eight hundred thousand dollars for purposes of funding certain pending
wastewater and stormwater improvement projects; providing for the full force and effect of
Ordinance No. 01-2013 as amended herewith, repeal of prior inconsistent ordinances and
resolutions, severability and an effective date, second reading: City Attorney Garganese read the
title into the record. Discussion ensued and included the additional funds piggy-backing on terms
of existing loan, construction history of the Wastewater Treatment Plant/Water Reclamation
Facility, upkeep and improvements, benefits to the Indian River Lagoon system, items the City
has accomplished in decades past only now being tackled by other municipalities and jurisdictions
and exfiltration projects diverting stormwater away from the Lagoon. The Public Hearing was
City of Cape Canaveral,Florida
City Council Regular Meeting
March 19,2019
Page 4 of 4
opened.There being no comment,the Public Hearing was closed. A motion was made by Mayor
Pro Tem Brown, seconded by Council Member Morrison, for adoption of Ordinance No.
07-2019 at second reading. The motion carried 5-0.
REPORTS:
City Manager Greene expressed his desire to meet with Mayor Hoog and City Attorney Garganese
regarding his relationship with the City.
Council Member Raymond discussed her attendance at a Waste Management plant tour,the Space
Coast League of Cities meeting in Grant-Valkaria where advocating for Home Rule was discussed
and scholarships were awarded, meeting with Dr. Tom Freijo in preparation for the upcoming
Strategic Planning Retreat,Meals on Wheels participation,Civility Brevard's goals of encouraging
respectful, ethical interactions between elected officials, staff and residents, the City's upcoming
hosting of the April Space Coast League of Cities meeting and being awarded Elected Official of
the Year by the National Association of Social Workers, Florida Space Coast Unit.
Council Member Randels discussed his participation in Aging Matters training sessions, a new,
unique overpass being installed at Interstate 95 and Viera Boulevard, "Road Rangers" roadside
assistance trucks now operating on select highways in Brevard County, large-scale development
projects in Osceola County with an estimate of 500,000 new residents and roads to be built in
anticipation of more residents that can also assist with evacuations.
Council Member Morrison congratulated Council Member Raymond on her award, thanked
Council Member Randels for his updates, discussed his participation in the Mayors' Fitness
Challenge, Little League Opening Day, Cape View Elementary functions, Friday Fest, Cocoa
Beach Chamber of Commerce event, commented on the current State of Florida Legislative
session, meeting with Dr. Tom Freijo, support for the City's stormwater and wastewater projects
and a good direction for the economy.
Mayor Pro Tem Brown discussed the Brevard County Homeless Coalition's efforts to provide
affordable and temporary housing, success of the Little League Opening Day event, compliments
to City Staff for the condition and appearance of the ballfield at Canaveral City Park and
playground at Cape View Elementary, success of Friday Fest and confidence that Cape Canaveral
is the best City in Brevard County.
Mayor Hoog discussed his attendance at Little League Opening Day and stated the City is headed
in the right direction, commended Staff and there is still much left to do.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 7:29 PM.
(Signature)
Bob Hoog, Mayor
(Signature)
Daniel LeFever, Deputy City Clerk
SEAL of Cape Canaveral, Florida
ITEM #1 DRAFT
CAPE CANAVERAL CITY COUNCIL REGULAR MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Hybrid Meeting via GoToWebinar
Tuesday
October 18, 2022
6:00 p.m.
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:00 p.m. Council Member Angela
Raymond led the Pledge of Allegiance.
ROLL CALL:
Council Members Present:
Council Member Kim Davis
Mayor Pro Tem Mickie Kellum
Mayor Wes Morrison
Council Member Angela Raymond
Council Member Don Willis
Others Present:
City Manager Todd Morley
City Attorney Anthony Garganese
City Clerk Mia Goforth
Deputy City Clerk Daniel LeFever
Administrative/Financial Services Director John DeLeo
Capital Projects Director Jeff Ratliff
Community and Economic Development Director Dave Dickey
Executive Assistant to the City Manager/Office Manager Lisa Day
Parks and Recreation/Community Affairs Director Molly Thomas
Public Works Services Director Jim Moore
Public Works Services Deputy Director June Clark
Brevard County Sheriff's Office Commander Byron Keck
Brevard County Sheriff's Office Lieutenant Scott Molyneaux
APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS: Mayor Morrison inquired if
Council would like to remove Item 1 based on an email that was received (see attached).A motion
was made by Council Member Willis, seconded by Mayor Pro Tem Kellum, to remove Item 1
from the Agenda. The motion carried 5-0.
PRESENTATIONS/INTERVIEWS:
Proclamation declaring November 7, 2022 as "Color the World Orange Day" in the City of Cape
Canaveral, presented to Janet Bernard: Mayor Morrison read and presented the Proclamation to
Ms. Bernard. Ms. Bernard shared a story related to her personal experience with Complex Regional
Pain Syndrome and thanked Mayor Morrison.
Proclamation declaring November 1, 2022 as "National Family Literacy Day" in the City of Cape
Canaveral, presented to Julie Adamson: Mayor Morrison read and presented the Proclamation
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting • October 18, 2022
Minutes • Page 2 of 6
to Ms. Adamson. Ms. Adamson discussed the importance of literacy in the family and thanked
Council.
Presentation to John Pekar in recognition of his 27 years of dedicated service, professionalism
and guidance as City Engineer for the City of Cape Canaveral: Mayor Morrison read and
presented a City Plaque,a 20-year City Service Coin and a City Seal Coin to Mr. Pekar. City Manager
Morley summarized Mr. Pekar's engineering services to the City. Mr. Pekar praised the City and
Staff for its accomplishments, strong leadership, and expressed confidence in the City's bright
future. Mr. Pekar thanked the City Council.
Presentation by the Space Coast Transportation Planning Organization (SCTPO) on the Vision
Zero initiative: Education and Safety Coordinator for the SCTPO Vision Zero Project, Kim Smith
made the presentation to the City Council. Council expressed thanks to Ms. Smith who then
thanked the Council.
Presentation by ProChamps on year-end review of Short Term Rental Program: City Manager
Morley explained the Item. Community and Economic Development Director Dickey distributed
the latest updated information. ProChamps Representative Mike Baldwin addressed the Council.
Discussion ensued and included how often the company gathers data on websites and increasing
the frequency of such and Mr. Baldwin's offer to provide progress reports, fluctuation of total
number of identified short-term rental properties, concerns over enforcement and the
effectiveness of the City's Short-Term Rental Program. Code Enforcement Senior Officer Palmer
discussed the City's educational community outreach to property owners, the burden of proof is
on the City before issuance of Notice of Violation, due diligence and evidence gathering,
prohibition of anonymous complaints by State statute, and how the long, drawn out process of
enforcement and compliance has improved with the use of ProChamps. The Council and City
Manager Morley thanked Mr. Baldwin.
PUBLIC PARTICIPATION: John Benton discussed a request for a code reduction hearing. Larisa
Tully, resident and business owner, discussed concerns regarding the City's Short-Term Rental
Program. Jonathan Haley, resident, property and business owner, discussed concerns regarding
the City's Short-Term Rental Program.
OLD BUSINESS:
1. Consideration and final action on the Code Enforcement Special Magistrate's Report
and recommendation regarding a request for a lien reduction for violations at 321 Johnson
Avenue: Removed from the Agenda due to the request of the property owner's legal representative
(see attached).
2. Resolution No. 2022-15; providing for the division of vacant land owned by Mike and
Collette DiChristopher, husband and wife, and located at the eastern terminus of East Central
Boulevard at Ridgewood Avenue, Cape Canaveral, Florida (Existing Parcel IDs 24-37-14-51-9-
21.01 and 24-37-14-51-9-21.02) into two (2) lots of record for development purposes; providing
for the repeal of prior inconsistent resolutions, severability, and an effective date: City Manager
Morley provided a summary of the Item including long-standing issues related to Brevard
County's process for subdividing properties and impacts on property owners' ability to meet
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting • October 18, 2022
Minutes • Page 3 of 6
development standards of the City Code, and Code Sec. 98-107(b)(3) which references a 15
percent extra width requirement for a corner lot that Staff, the City's consultant Allen Engineering
and the Planning and Zoning Board had not considered when Council last heard the Application.
City Manager Morley discussed how Code Sec. 98-107(b)(3), which was pointed out to him by
resident Patrick Campbell, is new and relevant information; and based on that information,
recommended Council require the Applicant obtain a variance should the Application be
approved. City Manager Morley discussed the original Plat and commented that the West
property line, shown as a vertical line on the Survey, had been moved 25 feet to the East by a
previous owner, and how Council's decision would impact the property depending on which of
the three options are approved. Discussion ensued and included desire to save time by giving the
Planning and Zoning Board another chance to re-consider the Item versus desire to proceed with
allowing the parties present to speak. City Attorney Garganese advised the Application is quasi-
judicial, the burden of proof is on the property owners to demonstrate compliance with the City
Code, they should be given the ability to present their Application first, allow the public to
comment,then Applicant rebuttal related to those comments. City Attorney Garganese performed
a group swearing-in of individuals for testimony. Mike DiChristopher, Applicant and property
owner, presented testimony, and confirmed that, except for the 15 percent extra width
requirement for a corner lot, all written documentation was submitted into the record by Attorney
Kevin P. Markey on his behalf. Attorney Markey, inquired about the 15 percent requirement in the
City Code.City Manager Morley reviewed City Code Sec.98-107(b)(3)and the three options before
City Council. Community and Economic Development Director Dickey discussed and presented
seven slides for presentation not included as part of the Agenda Packet. Discussion ensued and
included the purpose of the slides being an easier way to understand the complicated issue before
Council, and Allen Engineering having not yet updated its recommendation since the new issue
was brought forward. Attorney Markey discussed lot split versus subdivision as defined in City
Code Sec. 98-107(b)(3), and inquired what the City's interpretation is of the lot split component
contained therein. Community and Economic Development Director Dickey indicated the issue
had not yet been fully vetted or discussed by the Planning and Zoning Board and discussed
requirements of the Code related to the Application. Lamar Russell, resident, was sworn in,
discussed the property owned by the Applicant located at 151 E. Central Boulevard which the
Applicant testified as the same configuration as what is being requested for the subject property,
and therefore the Applicant may indeed have what is defined as a hardship. Patrick Campbell,
resident, discussed opposition to the proposed lot split, inquired if Allen Engineering provided an
opinion regarding the 15 percent extra width requirement, and indicated the property at 151 E.
Central Boulevard is not identical to the subject property as referenced in a summary he provided
to Council and Staff. Community and Economic Development Director Dickey indicated he did not
receive a response nor did he have a discussion with Mr. Allen regarding the 15 percent extra
width requirement. Attorney Markey confirmed he received an email from City Attorney
Garganese containing a 20-page summary document that Mr. Campbell presented to the City
Council.
Mayor recessed the meeting at 8:13 p.m. The meeting was reconvened at 8:25 p.m.
Applicant DiChristopher stated he is not lying about 151 E. Central Boulevard, is not asking for
anything different for the subject property and discussed plans for developing the property.
Discussion ensued and included support for the proposed lot split and variance due to hardship,
Staff's added information, and whether the Application meets the Code criteria or not. City
Attorney Garganese explained Agenda Item Options 1, 2 and 3, and what is required to happen
depending on which Council approves. Discussion continued regarding why Staff is not making a
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting • October 18, 2022
Minutes • Page 4 of 6
recommendation, the Options, Council's responsibility to make a decision, and the possibility of
adding a fourth option. City Attorney Garganese advised that Staff is presenting the Application
that was filed, how supplementing the Application with a variance would be required due to the
fact it does not meet the criteria after the lot having been illegally split in 1984, and Council could
decide to recognize what the Applicant owns today as one lot with one home. Discussion
continued on support for sending the Item back to the Planning and Zoning Board to review the
15 percent extra width requirement, a need for some level of consensus from Council to approve
the Application, placing the burden of proof on Staff rather than the Applicant, support for Mr.
Campbell's comments, City Attorney Garganese' clarification on how the Applicant's property and
adjacent properties were previously subdivided in 1984 without City approval, desire for additional
evidence, and desire for more information from Allen Engineering. Community and Economic
Development Director Dickey read the email from Michael Allen, Allen Engineering, dated
September 1, 2022 into the record. Discussion ensued regarding allegations that Mr. Campbell's
questions regarding measurements of the subject property have not been answered. Mr.
DiChristopher discussed the difference between definitions of lot split and subdivision of land
within the City Code, that he is not developing a subdivision, therefore the 15 percent extra width
requirement does not apply to his Application for Lot Split, which meets the criteria. Discussion
continued regarding opposition to approve the Application based on the Code requirements, the
need for Allen Engineering to provide an opinion, and the impact of the existing 25-foot vertical
line on the Applicant property. City Attorney Garganese advised Council on his recommendations
based on their choice of options. A motion was made by Mayor Pro Tem Kellum, seconded by
Council Member Willis, to bring back a final order memorializing Option 2 to deny the
Application as presented, with a resolution recognizing the property owned by the
Applicant, currently, as a developable lot. Discussion ensued regarding the need to hear the
rest of the Council's opinion. City Attorney Garganese clarified the motion on the floor and advised
this action is not final until Council meets again to take final action on the written order. Don
Haynes, Cocoa Beach resident, was sworn in and provided public comment in support of the
Applicant. The motion carried 5-0.
A motion was made by Mayor Morrison, seconded by Council Member Willis, to extend the
meeting to 10:15 p.m. The motion carried 3-2, with Council Members Davis and Raymond
voting against.
City Attorney Garganese advised Council of Staff's need to make a report at the end of the Agenda
involving the Brevard County Supervisor of Elections Certification of Election Results.
CONSENT AGENDA: Mayor Morrison removed Item 4, discussed desire to follow procedures in
the City Code and his opinion as to why Council must interview Planning and Zoning Board
Members Lamar Russell and John Price prior to reappointing them to the Board.
3. Approve the Meeting Minutes of the City Council September 6, 2022 Workshop,
September 7, 2022 First Budget Hearing, September 21, 2022 Regular, and September 27,
2022 Emergency Meetings.
4. Resolution No. 2022-26; reappointing Members to the Planning and Zoning Board of
the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions,
severability and a retroactive effective date. (R. Lamar Russell and John Price)
5. Resolution No. 2022-27; adopting the goal of Vision Zero, advocating that no loss of
life is acceptable on our City streets; providing for the repeal of prior inconsistent
resolutions, severability and an effective date.
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting • October 18, 2022
Minutes • Page 5 of 6
6. Approve Amendment No. 1 to Task Order No. 1 to MBV Engineering, Inc. in the amount
of $40,100 for Construction Phase Engineering Services as part of the Water
Reclamation Facility Structural Buildings Project and authorize City Manager to execute
same.
7. Approve Third Amendment to existing Interlocal Agreement for Stormwater Education
and Outreach with Brevard County including the City's annual contribution of $4,152
and authorize City Manager to execute same.
8. Approve Sanitary Collection/Transmission System Evaluation Program Proposal from
Tetra Tech in the amount of $89,257 and authorize City Manager to execute same.
A motion was made by Council Member Raymond, seconded by Council Member Willis, to
approve the Consent Agenda Items 3, 5, 6, 7 and 8. The motion carried 5-0.
#4. Mayor Morrison thanked Mr. Russell and Mr. Price for serving on the Planning and Zoning
Board and inquired if they desired to serve another three years. Mr. Russell and Mr. Price both
indicated desire to continue serving the community. A motion was made Mayor Morrison,
seconded by Council Member Willis, to reappoint both Mr. Russell and Mr. Price to the
Planning and Zoning Board. The motion carried 5-0.
PUBLIC HEARINGS:
9. a. Ordinance No. 17-2022; amending of the City's Sign Code related to Feather
Flags; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation
into the Code, severability and an effective date, second reading: City Attorney Garganese read
the title into the record. The Public Hearing was opened. There being no discussion, the Public
Hearing was closed. A motion was made by Council Member Raymond, seconded by Mayor
Pro Tem Kellum, to adopt Ordinance No. 17-2022, at second reading. The motion carried
5-0.
b. Resolution No. 2022-25; amending Appendix B, Schedule of Fees of the City
Code to include a Permit Fee related to Feather Signs under Section 94-86 of the City Code;
providing for the repeal of prior inconsistent resolutions, incorporation into the Code,
severability and an effective date: City Attorney Garganese read the title into the record and
explained the Item. A motion was made by Council Member Raymond, seconded by Council
Member Davis, to adopt Resolution No. 2022-25. The motion carried 5-0.
10. Ordinance No. 18-2022; amending Chapter 102 — Vegetation, Article II. — Tree
Protection; providing for amendments to comply with State Law preemptions under Florida
Statutes; providing for the repeal of prior inconsistent ordinances and resolutions;
incorporation into the Code; severability and an effective date, second reading: City Attorney
Garganese read the title into the record. The Public Hearing was opened. There being no
discussion, the Public Hearing was closed. A motion was made by Council Member Willis,
seconded by Mayor Pro Tem Kellum, to adopt Ordinance No. 18-2022, at first reading.The
motion carried 5-0.
11. Ordinance No. 20-2022; adopting amendments to the Annual General Fund, Special
Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting • October 18, 2022
Minutes • Page 6 of 6
Fund Budgets for the Fiscal Year beginning October 1, 2021, and ending September 30, 2022;
providing for an effective date, first reading: City Attorney Garganese read the title into the
record. The Public Hearing was opened. There being no discussion, the Public Hearing was
closed. A motion was made by Council Member Davis, seconded by Council Member
Raymond, to adopt Ordinance No. 20-2022, at first reading. The motion carried 5-0.
REPORTS: City Attorney Garganese discussed the upcoming City Council Election of Tuesday,
November 8, 2022, and advised that the State and Federal requirement for certification of
overseas ballots, if any, will not be counted by the Brevard County Supervisor of Elections
Canvassing Board until ten days after the General Election on Friday, November 18, 2022; how the
City Charter states that any newly elected Mayor and Council Members shall assume the duties of
office at the next Regular Meeting of the City Council following their election; the next Regular
Meeting scheduled for Tuesday, November 15, 2022 occurs before the Canvassing Board will
count the overseas ballots; and Brevard County Supervisor of Elections will issue a final
certification of Election results on Tuesday, November 22, 2022. City Attorney Garganese
explained Staff is asking permission to present details and timelines of the issue and to receive
City Council direction at either a Special Meeting or at the already scheduled City Council
Workshop Meeting on Tuesday, November 1, 2022 to discuss the Florida Department of
Transportation (FDOT) State Road A1A Improvements options. Discussion ensued regarding the
counting of overseas ballots,the unknown number of those ballots,the Brevard County Supervisor
of Elections process of emailing overseas ballots the day of the Election, and the need to be
consistent with meeting times to avoid confusion. Council reached consensus to add the newly
elected officials seating item to the Tuesday, November 1, 2022 Agenda and to style the
meeting as a Regular City Council Meeting.
ADJOURNMENT: The Meeting was adjourned at 10:14 p.m.
Wes Morrison, Mayor
Mia Goforth, City Clerk
DRAFT
CAPE CANAVERAL CITY COUNCIL REGULAR MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Hybrid Meeting via GoToWebinar
Tuesday
November 1, 2022
6:00 p.m.
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 5:59 p.m. Mayor Pro Tem Kellum led
the Pledge of Allegiance.
ROLL CALL:
Council Members Present:
Council Member Kim Davis
Mayor Pro Tem Mickie Kellum
Mayor Wes Morrison
Council Member Don Willis
Council Members Absent:
Council Member Angela Raymond
Others Present:
City Manager Todd Morley
City Attorney Anthony Garganese
Deputy City Clerk Daniel LeFever
Capital Projects Deputy Director Tim Carlisle
Community and Economic Development Deputy Director Zachary Eichholz
Public Works Services Director Jim Moore
Public Works Services Deputy Director June Clark
Resilience Engineering Services Manager Alexis Miller
Executive Assistant to the City Manager/Office Manager Lisa Day
Brevard County Sheriff's Office Lieutenant Scott Molyneaux
APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS: Discussion ensued regarding
whether a vote or consensus would be appropriate and/or required. A motion was made by
Council Member Willis, seconded by Council Member Davis, to approve the Agenda. The
motion carried 4-0, with Council Member Raymond absent.
PUBLIC PARTICIPATION: Marc Bigbie, property owner, discussed ProChamps' difficulties in
registering all short-term rentals in the City, enforcement of the 7-day minimum rental
requirement, and short-term rental operators in the City being unable to compete on price with
rentals in Cocoa Beach and Avon-by-the-Sea. Steven Stroud, resident, property owner and
Planning and Zoning Board Member, thanked Council for discussing State Road A1A, urged for
King Neptune Lane to not be blocked-off by a median, Florida Department of Transportation
(FDOT) has final say on the project and the overall safety concerns that result from a state
highway running through the middle of a beach town. Bruce Robertson, resident, thanked
Council for opposing FDOT's proposed roundabout, concerns as a pedestrian, danger of e-bike
and e-vehicles on sidewalks and pedways, a preference for FDOT's proposed Alternative 1, and
desire for FDOT to present what a finished A1A would look like in the year 2026.
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting • November 1, 2022
Minutes • Page 2 of 4
Georganna Gillette, Space Coast Transportation Planning Organization (SCTPO) Executive
Director, thanked Council and Staff, discussed improvements to A1A, Council Member Willis'
efforts on the SCTPO Board to advocate for safety, FDOT partnering with local governments
through SCTPO to plan future road improvements, the safety of A1A remaining a top priority of
the past decade, and SCTPO's preference of FDOT's proposed Alternative 2. Mayor Morrison
thanked both Council Member Willis and SCTPO for their efforts. Sarah Hodge, property owner,
stated a preference for a possible 3rd Alternative that would combine elements of the two
proposed Alternatives, such as split pedways and bike lanes, no turn on red, divided medians,
and opposition to performing U-turns to access businesses. William Hodge, property owner,
stated a preference for Alternative 1, and related witnessing numerous near-accidents between
turning cars and pedestrians utilizing signalized crosswalks at intersections. Marie and Duane
Pierce, business owners, expressed a preference for Alternative 1 as it would not block access to
their car wash, thus preventing a potential devaluation of their business, advocated for slowing
drivers down with lower speed limits and more signalized pedestrian crossings, and expressed
concern for emergency services having to navigate around medians.
ITEM FOR ACTION:
1. Resolution No. 2022-29; providing for the swearing-in of the newly elected City Council
Members at the Regular City Council Meeting to be held in December of 2022 pursuant to
Section 2.02(d) of the City Charter in consideration of the legal requirement to canvass all
overseas ballots 10-days after the election and the Supervisor of Election's role in providing
Official Election Results to the City of Cape Canaveral for the November 8, 2022 General
Election which are expected to be issued on November 22, 2022; providing for repeal of prior
inconsistent resolutions, severability and an effective date: City Attorney Garganese read the
title into the record and explained the Item. Discussion continued and included preferences for
cancelling/postponing the November 15, 2022 Regular Meeting to ensure all items are considered
by the newly-elected Council Members, whether to hold a meeting on November 29, 2022 or
December 6, 2022, Charter language detailing seating of newly-elected Council Members at a
Regular Meeting, and Council authority to reschedule a Regular Meeting. A motion was made by
Mayor Pro Tem Kellum to postpone the swearing-in of newly elected Council Members to
November 29, 2022. Discussion ensued regarding the ability for Council Members to attend on
that date and a desire for all Council to be present as annual appointments will be considered at
such a meeting. The motion died for lack of a second. A motion was made by Council Member
Willis, seconded by Council Member Davis, to cancel the November 15, 2022 Regular
Meeting and postpone it, along with the swearing-in of newly elected Council Members, to
the reserved Regular Meeting date of December 6, 2022. Discussion ensued and included the
pros and cons of holding a Regular Meeting on that date and this action not impacting the Regular
Meeting scheduled for December 20, 2022. The motion passed 4-0, with Council Member
Raymond absent.
ITEM FOR DISCUSSION:
2. Discuss and provide direction to Florida Department of Transportation (FDOT)
regarding design considerations for State Road (SR) A1A in Cape Canaveral: Mayor Morrison
noted the workshop-style discussion intended for this Item and opportunities for the public to
speak. City Manager Morley and Resilience Engineering Services Manager Miller provided an
overview of the item, asking Council to provide direction for a formal decision to be made at a
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting • November 1, 2022
Minutes • Page 3 of 4
future meeting, and details of the two Alternatives proposed by FDOT. Discussion ensued and
included input from the community in favor of Alternative 1, others in favor of Alternative 2, and
some who prefer no improvements to be made at all, wishes to select components from both
Alternatives 1 and 2, adding more signalized intersections and crosswalks, desire for a new
signalized intersection at Columbia Drive versus Thurm Boulevard, statements regarding the
safety of making U-turns, possibly including small medians where no business and residential
turn-offs exist, difficulties maintaining consistency with an in-between approach for the medians,
landscaping concerns related to medians and crosswalks, details of the renderings and diagrams
provided by FDOT, pros and cons of combined bicycle and pedways versus separating them,
dangers to pedestrians from e-bikes and other e-vehicles, utilization of trees and shrubbery to
enhance aesthetics and calm traffic, conceptual nature of FDOT's renderings, desire for FDOT to
provide more detail on crosswalk and median locations in the Alternatives, comparisons with other
highways in the area, emergency services will defer to FDOT's judgment, FDOT will not drop the
speed limit to 35mph with either Alternative, A1A safety being top priority in the City's 2018
Survey, FDOT construction anticipated to start in 2026 with completion estimated for 2030, State
law allows e-bikes and e-vehicles on sidewalks but the City has the authority to prohibit them via
ordinance, and SCTPO will support the final decision of Council.
Mayor Morrison recessed the meeting at 7:36 p.m. The meeting was reconvened at 7:48 p.m.
The floor was opened for brief comments from the public. Michelle Church supported no
improvements to the road and expanding the project for all of A1A throughout the City. Mary
Gowenloch stated a preference for no medians nor landscaping. Peggy Green opposed medians
being installed due to concerns for timely response from emergency services. Joe Abreu
advocated for a traffic light at Columbia Drive rather than Thurm Boulevard. Mike Corrigan stated
a preference for maintaining access to businesses on A1A with no medians, noted a recent, fatal
pedestrian accident, and advocated for lower speed limits and more crosswalks. Bruce Robertson
opposed medians being constructed, concerns for large trucks, and contested statements of
U-turns being safe. Arlyn DeBlauw supported Alternative 2, stated medians and divided roads are
safer, a long lead-time for the project allowing a proper decision to be made, red lights being
preferable to yellow lights at crosswalks, and dangers of e-vehicles on sidewalks.
Discussion continued and included statements from FDOT regarding U-turns, Alternative 1
supporting a walkable, bikeable City, still being very early in the process, FDOT needing direction
from Council before moving from the conceptual to the preliminary phase, ensuring clear
identification of sightlines at stop signs between vehicles, bicyclists and pedestrians, traffic
calming efforts, amount FDOT invested into rendering the proposed roundabout versus how
much they may invest in rendering the two Alternatives, any proposed signalized crosswalk or
intersection at Columbia Drive needing a signal warrant analysis to be conducted, and such an
analysis would not be appropriate at this early of a stage, but could be requested at a later date.
The floor was re-opened to the public. Michelle Church noted Cape Canaveral Hospital relocating,
further lengthening emergency services transport times. Nancy Tillman opposed medians and
U-turns and noted the dangers of pedestrians crossing A1A. Bruce Robertson inquired if FDOT
would be responsible for lighting A1A and its sidewalks at night. Carole Munn, via GoToWebinar,
stated opposition to merging two lanes into one and discussed traffic to and from Port Canaveral.
City Manager Morley clarified that there are no known proposals to merge two lanes into one.
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting • November 1, 2022
Minutes • Page 4 of 4
Mayor Morrison recapped the items and talking-points discussed. City Manager Morley clarified
the workshop-nature of this Item and next steps. Council reached consensus to request FDOT
provide updated and more-detailed aerials and renderings of Alternatives 1 and 2,
expanding the scope of the renderings further north, and include stop sign setbacks and
sightlines. Discussion continued regarding SCTPO adopting a resiliency master plan, which
complements the City's Resiliency Plan, and thanks to Staff.
REPORTS: Mayor Pro Tern Kellum noted a Veterans Day ceremony scheduled to occur at Veterans
Memorial Park at 11:11 a.m. on November 11, 2022.
ADJOURNMENT: The Meeting was adjourned at 8:34 p.m.
Wes Morrison, Mayor
Daniel LeFever, Deputy City Clerk
DRAFT
CAPE CANAVERAL CITY COUNCIL EMERGENCY MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Tuesday
November 8, 2022
5:00 p.m.
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 5:00 p.m. Council Member Willis led
the Pledge of Allegiance.
ROLL CALL:
Council Members Present:
Council Member Kim Davis
Mayor Pro Tem Mickie Kellum
Mayor Wes Morrison
Council Member Don Willis
Council Members Absent:
Council Member Angela Raymond
Others Present:
City Manager Todd Morley
City Attorney Anthony Garganese (remote via phone)
City Clerk Mia Goforth
Community and Economic Dev. Deputy Director Zachary Eichholz
Brevard County Sheriff's Office Commander Byron Keck
ITEM FOR ACTION:
1. Resolution No. 2022-31; declaring a State of Civil Emergency due to Tropical Storm
Nicole to commence at 8:00 a.m. on November 9, 2022; providing for the repeal of prior
inconsistent resolutions, severability, and an effective date: City Manager Morley read the title
into the record. Community and Economic Development Deputy Director Eichholz discussed
information received at 3:15 p.m. during the Brevard County Emergency Operations Center (EOC)
Meeting. City Attorney Garganese explained the Resolution. City Manager Morley discussed City
permitting services remaining available online,Wastewater Plant to remain staffed, and City Office
closures on Wednesday, Thursday due to the Storm and Friday in observance of Veterans Day.
Commander Keck discussed Brevard County Sheriff's Office post-storm plans to work with the
City's Infrastructure Maintenance Staff to clear roads between the City and Port Canaveral.
Discussion included Staff plans to set up"no wake" signage for areas of standing water and closure
of the City of Cape Canaveral Community Center. A motion was made by Council Member
Willis, seconded by Council Member Davis, to adopt Resolution No. 2022-31. The motion
carried 4-0, with Council Member Raymond absent.
There being no further business, the Meeting adjourned at 5:12 p.m.
Wes Morrison, Mayor
Mia Goforth, City Clerk
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CITY COUNCIL MEETING • DECEMBER 6, 2022
AV
CITY AGENDA ITEM SUMMARY• ITEM #2 CAPE CANAVERAL
Subject: Resolution No. 2022-30; adopting a Fee Schedule for the Nancy Hanson Recreation
Complex (NHRC); providing for the repeal of prior inconsistent resolutions, severability and an
effective date.
Department: Parks, Recreation and Community Affairs
Summary: As part of the ongoing, department-wide fee review for all Parks, Recreation and
Community Affairs facilities, the Culture and Leisure Services Board (CLSB) reviewed several options
to revise the fee structure for both general public use and facility rentals at its Special Meeting held
on October 20, 2022 (Attachment 1).
The Board voted 3-2 in favor of recommending Proposed Schedule A for User and Rental Fees for
remaining months of FY22/23 (Attachment 2).
The City Manager proposes that City Council approve the NHRC Fee Schedule with no termination
date, with the understanding that Staff will provide facility usage reports to the CLSB prior to the
development of the FY23/24 Budget. Should the Board wish to amend the fee structures based on
the data presented, that recommendation would be presented for City Council consideration.
The proposed Fee Schedule, Resolution No. 2022-30 (Attachment 3,) addresses daily, monthly and
annual rates for the general use of the NHRC, as well as facility rentals with distinguishing rates for
residents and non-residents. If approved, this Fee Schedule will take effect January 1, 2023.
City Council approved a fee structure for the C5 facility on August 16, 2022 (Attachment 4). These
are included for reference purposes only.
Submitting Department Director: Molly A. Thomas
Attachments:
1. Culture and Leisure Services Board Proposed Fee Schedules
2. Draft Minutes from October 20, 2022 Special Meeting of the Culture and Leisure Services
Board
3. Resolution No. 2022-30 with "Exhibit A" — NHRC Proposed User Fees
4. C5 Fee Schedule
Financial Impact: $24,700 estimated revenues to the General Fund based on NHRC customer
engagement. Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo
The City Manager recommends the City Council take the following action: Approve Resolution
No. 2022-30
Approved by City Manager: Todd Morley
Attachment 1
NHRC Fee Review - Proposed A
GENERAL USE
Rate Category Daily Monthly Annual
RESIDENT RATES
Senior $2.00 $16.00 $176.00
Adult $4.00 $32.00 $352.00
Child $0.00 $0.00 $0.00
NON-RESIDENT RATES
Senior $4.00 $32.00 $352.00
Adult $6.00 $48.00 $528.00
Child $1.00 $8.00 $88.00
OTHER
Veteran/First Responder $2.00 $16.00 $176.00
FACILITY RENTALS
Rate Category Hourly Deposit Additional
RESIDENT RATES
Activity Room $25.00 $150.00
Complex - Athletics $265.00 $150.00
NON-RESIDENT RATES
Activity Room $30.00 $150.00
Complex - Athletics $315.00 $150.00
Notes
Proof of residency: Gov issued I.D. with address, property tax statement, utility bill.
Senior 62+
Child 17 and under
Monthly + annual rate include unlimited visits.
Montly rate equivilant to 8 daily visits.
Yearly rate equal to 11 monthly payments.
Projected Revenue Using Daily Fee
Fee Category Est. Visits Est. Revenue
Resident 1000 $4,000.00
Resident Senior 2250 $4,500.00
Resident Child 0
Non-Resident 1200 $7,200.00
Non-Resident Senior 2250 $9,000.00
Non-Resident Child 0
Est. Totals 6700 $24,700.00
Attachment 1
NHRC Fee Review - Proposed B
GENERAL USE
Rate Category Daily Monthly Annual
RESIDENT RATES
Senior $3.00 $24.00 $264.00
Adult $5.00 $40.00 $440.00
Child $0.00 $0.00 $0.00
NON-RESIDENT RATES
Senior $5.00 $40.00 $440.00
Adult $7.00 $56.00 $616.00
Child $2.00 $16.00 $176.00
OTHER
Veteran/First Responder $3.00 $24.00 $264.00
FACILITY RENTALS
Rate Category Hourly Deposit Additional
RESIDENT RATES
Activity Room $30.00 $150.00
Complex - Athletics $275.00 $150.00
NON-RESIDENT RATES
Activity Room $35.00 $150.00
Complex - Athletics $325.00 $150.00
Notes:
Proof of residency: Gov issued I.D.with address, property tax statement, utility bill.
Senior 62+
Child 17 and under
Monthly + annual rate include unlimited visits.
Montly rate equivilant to 8 daily visits.
Yearly rate equal to 11 monthly payments.
Projected Revenue Using Daily Fee
Fee Category Est. Visits Est. Revenue
Resident 1000 $5,000.00
Resident Senior 2250 $6,750.00
Resident Child 0
Non-Resident 1200 $8,400.00
Non-Resident Senior 2250 $11,250.00
Non-Resident Child 0
Est. Totals 6700 $31,400.00
Attachment 1
NHRC Fee Review - Proposed C
GENERAL USE
Rate Category Daily Monthly Annual
RESIDENT RATES
Senior $4.00 $32.00 $352.00
Adult $6.00 $48.00 $528.00
Child $0.00 $0.00 $0.00
NON-RESIDENT RATES
Senior $6.00 $48.00 $528.00
Adult $8.00 $64.00 $704.00
Child $3.00 $24.00 $264.00
OTHER
Veteran/First Responder $4.00 $32.00 $352.00
FACILITY RENTALS
Rate Category Hourly Deposit Additional
RESIDENT RATES
Activity Room $35.00 $150.00
Complex - Athletics $285.00 $150.00
NON-RESIDENT RATES
Activity Room $40.00 $150.00
Complex - Athletics $335.00 $150.00
Notes:
Proof of residency: Gov issued I.D. with address, property tax statement, utility bill.
Senior 62+
Child 17 and under
Monthly + annual rate include unlimited visits.
Montly rate equivilant to 8 daily visits.
Yearly rate equal to 11 monthly payments.
Projected Revenue Using Daily Fee
Fee Category Est. Visits Est. Revenue
Resident 1000 $6,000.00
Resident Senior 2250 $9,000.00
Resident Child 0
Non-Resident 1200 $9,600.00
Non-Resident Senior 2250 $13,500.00
Non-Resident Child 0
Est. Totals 6700 $38,100.00
Attachment 1
9/01/21 - 9/01/22 NHRC Revenues
General Category Est. Visits
Resident 1149
Activity Drop-in Programs Total Resident Senior 2419
Pickleball $14,499.00 $5,275.00 $19,774.00 Resident Child 0
Racquetball $1,521.00 $1,356.00 $2,877.00 Non-Resident 1304
Shuffleboard $649.00 $0.00 $649.00 Non-Resident Senior 2528
Tennis $4,169.00 $717.00 $4,886.00 Non-Resident Child 0
Current Fee Category PB RB SB TN Totals Hours Paid Est. Visits Hourly Charge
Non-Resident $3,745 $336 $120 $1,435 $5,636 1879 1252 $3
Non-Resident Prime $182 $42 $24 $60 $308 77 51 $4
Non-Resdient Senior $6,076 $398 $332 $744 $7,550 3775 2517 $2
Non-Res Senior Prime $39 $0 $3 $9 $51 17 11 $3
Non-Resident Child $0 $0 $0 $0 $0 0 0 $1
Non-Res Child Prime $0 $0 $0 $0 $0 0 0 $2
Resident $1,460 $348 $24 $1,220 $3,052 1526 1017 $2
Resident Prime $105 $48 $3 $435 $591 197 131 $3
Resdient Senior $2,862 $343 $139 $264 $3,608 3608 2405 $1
Res Senior Prime $30 $6 $4 $2 $42 21 14 $2
Resident Child $0 $0 $0 $0 $0 0 0 $0
Res Child Prime $0 $0 $0 $0 $0 0 0 $1
Totals $14,499.00 $1,521.00 $649.00 $4,169.00 $20,838.00 11100 7400
Ave. Hours Paid 1.5
Est. Visits 7400
Attachment 2
DRAFT
CULTURE AND LEISURE SERVICES BOARD
SPECIAL MEETING MINUTES
OCTOBER 20, 2022
A meeting of the Culture and Leisure Services Board was held on October 20, 2022, at Cape
Canaveral City Hall, 100 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order
at 5:30 p.m. by Chairperson, Joel Fair. The Board Secretary called the roll.
MEMBERS PRESENT
Joel Fair Chairperson
Kathy Parks Vice Chairperson
Mary Mosquera
Betsy Ronk
Angela Trulock
OTHERS PRESENT
Molly Thomas Parks, Recreation + Community Affairs Director
John Mayberry Deputy Director Projects + Parks
Paula Ness Board Secretary
MEMBERS ABSENT (Excused)
Larry Holmes
ACTION ITEMS:
A motion was made by Kathy Parks, to approve meeting minutes of July 28, 2022, as written,
seconded by Mary Mosquera. The motion carried unanimously.
A motion was made by Betsy Ronk, to add Community Center fee revision to Agenda, Mary
Mosquera seconded motion. The motion carried unanimously.
A motion was made by Mary Mosquera, to recommend Option A as the proposed fees for the
Nancy Hanson Recreation Complex, seconded by Kathy Parks. The motion carried 3 —2, with Betsy
Ronk and Angela Trulock against.
A motion was made by Betsy Ronk, to amend and send a revised Community Center fee schedule
back to Council. Motion died for lack of a second.
Attachment 2
STAFF REPORTS:
• Ms. Thomas gave an updated report on the usage of the Community Center since the new
fee schedule went into effect on October 1, 2022.
• Leisure Services and Cultural Affairs have been combined and now is known as the Parks,
Recreation, and Community Affairs Department.
• The Board will need to retitle itself as a result of the previous item.
• The Board will discuss the formal abandonment of the 1988 Rules of Conduct governing
Boards and Committees and adopting the current Rules of Procedure used by the City
Council.
• Community garden will become part of PRCA Department
• John Mayberry provided a status update on the Splash Pad, new restroom building, Cape
Center, Veterans Memorial Park and Civic Hub projects.
• Department maintenance staff continue return to service of parks after Hurricane Ian.
ADJORNMENT:
There being no further business, Joel Fair made a motion to adjourn, seconded by Angela Trulock.
The motion carried unanimously, and the meeting adjourned at 7:19 p.m.
Approved on this, the 26th day of January, 2023.
Joel Fair, Chairperson Paula Ness, Board Secretary
Attachment 3
RESOLUTION NO. 2022-30
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA
ADOPTING A FEE SCHEDULE FOR THE NANCY HANSON
RECREATION COMPLEX; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN
EFFECTIVE DATE.
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. Adoption of Fee Schedule. The fee schedule attached hereto as Exhibit "A" is
hereby adopted for the Nancy Hanson Recreation Complex.
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 January 1, 2023.
ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida,
assembled this 6th day of December 2022.
Wes Morrison, Mayor
ATTEST: Name FOR AGAINST
Kim Davis
Mia Goforth, CMC, Mickie Kellum
City Clerk
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. 2022-__
Page 1 of 1
Exhibit "A"
NHRC Fee Review - Proposed A
GENERAL USE
Rate Category Daily Monthly Annual
RESIDENT RATES
Senior $2.00 $16.00 $176.00
Adult $4.00 $32.00 $352.00
Child $0.00 $0.00 $0.00
NON-RESIDENT RATES
Senior $4.00 $32.00 $352.00
Adult $6.00 $48.00 $528.00
Child $1.00 $8.00 $88.00
OTHER
Veteran/First Responder $2.00 $16.00 $176.00
FACILITY RENTALS
Rate Category Hourly Deposit Additional
RESIDENT RATES
Activity Room $25.00 $150.00
Complex - Athletics $265.00 $150.00
NON-RESIDENT RATES
Activity Room $30.00 $150.00
Complex - Athletics $315.00 $150.00
Notes
Proof of residency: Gov issued I.D. with address, property tax statement, utility bill.
Senior 62+
Child 17 and under
Monthly + annual rate include unlimited visits.
Montly rate equivilant to 8 daily visits.
Yearly rate equal to 11 monthly payments.
Projected Revenue Using Daily Fee
Fee Category Est. Visits Est. Revenue
Resident 1000 $4,000.00
Resident Senior 2250 $4,500.00
Resident Child 0
Non-Resident 1200 $7,200.00
Non-Resident Senior 2250 $9,000.00
Non-Resident Child 0
Est. Totals 6700 $24,700.00
Resolution No. 2022-18
Attachment 4
Community Center Proposed User Fees (Tax Included)
Daily Monthly Annual Est. Visits Annual Based on
Daily Rate
Resident Adult $5.00 $40.00 $440.00 800 $4,000
Resident Senior $4.00 $32.00 $352.00 1800 $7,200
a Resident Child $0.00 $0.00 $0.00 100 $0
a Non-Resident Adult $6.00 $48.00 $528.00 900 $5,400
0
a Non-Resident Senior $5.00 $40.00 $440.00 1800 $9,000
0 Non-Resident Child $2.00 $16.00 $176.00 20 $40
Veteran/First Responder $4.00 $32.00 $352.00 50 $200
Non-Contract City Employees $0.00 $0.00 $0.00 N/A $0
Est. Total $25,840
Community Center Proposed Rental Fees (Subject to Tax)
Resident Hourly Deposit Add. Fee
Gym (Event) $95.00 $150.00 $200.00 (floor covering)
m Gym (Athletics) $95.00 $150.00
a Conference Room $88.00 $150.00
0
.4=
Non-Resident
0 Gym (Event) $114.00 $150.00 $200.00 (floor covering)
Gym (Athletics) $114.00 $150.00
Conference Room $92.00 $150.00
Notes:
Monthly Rate offers unlimited visits but is equivilant to 8 Daily drop-in payments.
Yearly Rate is unlimited visits, but is equvilant to 11 Monthly membership payments.
Floor covering requirement for non-athletic events is determined by staff.
Fee covers staff costs (2 employees minimum) to put down and take up protective cover.
If staff determines floor protection is needed, it is non-negotiable by renter.
, CE 4k
bs�, CITY OF
4 ';� 7Fl_/' CAPE CANAVERAL
CITY COUNCIL MEETING • DECEMBER 6, 2022
AV
CITY AGENDA ITEM SUMMARY• ITEM #3 CAPE CANAVERAL
Subject: Approve the proposed 2023 City Council Regular and Budget Meeting Schedule.
Department: City Clerk's Office
Summary: A yearly Meeting Schedule assists everyone in planning activities necessary to complete
the City's business.
The proposed Meeting Schedule (Attachment 1) was created utilizing current practices. The two
Budget Hearings in September are contingent upon State of Florida Truth in Millage (TRIM)
requirements and budget hearing schedules of the Brevard County Board of County Commissioners
and the Brevard County School Board. Additionally, the first Tuesdays of the other eleven months
are reserved should Council determine that holding a meeting is necessary. One date that would
normally be reserved, July 4, 2023, conflicts with a date listed on the City's 2023 Holidays and Other
Notable Dates (Attachment 2). For this conflict, the following Thursday, July 6, 2023, is reserved.
Attachment 2 also includes entries for Daylight Savings Time, as Congress has not amended U.S.
Code, authorizing Florida's 2018 year-round Daylight Savings Time legislation.
The City's Community Redevelopment Agency (CRA) Board is a legally distinct and separate entity
from the City Council. However, the CRA Board Meeting schedule, approved by the CRA Board at
its September 21, 2022 Regular Meeting, coincides with dates on the proposed City Council
Meeting Schedule. For this reason, CRA Board Meetings are listed.
Submitting Department Director: Mia Goforth
Attachments:
1 — Proposed 2023 City Council Regular and Budget Meeting Schedule
2 — City of Cape Canaveral 2023 Holidays and Other Notable Dates
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo
The City Manager recommends the City Council take the following action:
Approve the proposed 2023 City Council Regular and Budget Meeting Schedule.
Approved by City Manager: Todd Morley
Attachment 1
54p�CE 4A,_
s CITY OF
%61,,
CAPE CANAVERAL
Y 2023 City Council Meeting Schedule
CrtY
CAPE CANAVERAL
Agenda Cut-Off Agenda + Packet Council Meeting
Posted/Distributed (*Dates reserved if a meetin' is necessa )
01/03/2023*
01/04/2023 01/10/2023 01/17/2023 6:00 p.m.
CRA Board Meeting 4:00 p.m.
02/07/2023*
02/08/2023 02/14/2023 02/21/2023 6:00 p.m.
03/07/2023*
03/08/2023 03/14/2023 03/21/2023 6:00 p.m.
CRA Board Meeting 5:00 p.m. if needed
03/15/2023 03/22/2023 03/29/2023 Time TBD - Strategic Planning
04/04/2023*
04/05/2023 04/11/2023 04/18/2023 6:00 p.m.
05/02/2023*
05/03/2023 05/09/2023 05/16/2023 6:00 p.m.
06/06/2023*
06/07/2023 06/13/2023 06/20/2023 6:00 p.m.
CRA Board Meeting 5:00 p.m. if needed
07/06/2023* (Thursday)
07/05/2023 07/11/2023 07/18/2023 6:00 p.m.
+ Budget Workshop 5:00 p.m.
08/01/2023*
08/02/2023 08/08/2023 08/15/2023 6:00 p.m.
+ Budget Workshop 5:00 p.m. if needed
08/23/2023 08/29/2023 09/05/2023 5:30 p.m. 1st Budget Hearing
Budget Hearing contingent upon TRIM requirements + scheduled budget hearings of the Brevard
County Commission and School Board. Florida Law prohibits budget hearings on the same day.
09/06/2023 09/12/2023 09/19/2023 6:00 p.m. + 2nd Budget Hearing
CRA Board Meeting 5:00 p.m.
Budget Hearing contingent upon TRIM requirements + scheduled budget hearings of the Brevard
County Commission and School Board. Florida Law prohibits budget hearings on the same day.
10/03/2023*
10/04/2023 10/10/2023 10/17/2023 6:00 p.m.
11/07/2023*
11/08/2023 11/14/2023 11/21/2023 6:00 p.m.
CRA Board Meeting 5:00 p.m. (tentative)
12/05/2023*
12/06/2023 12/12/2023 12/19/2023 6:00 p.m.
Approved by Council:
SvxCE 4 Attachment 2
s CITY OF
. CAPE CANAVERAL
_ Atf 2023 Holidays + Other Notable Dates
C0.PE C0.N0.VEP0.L
Monday New Year's Day (observed) City offices closed
01/02/2023
Monday Martin Luther King Jr. Day City offices closed
01/16/2023
Tuesday School Crossing Guard Appreciation Day
02/07/2023
Monday Presidents Day City offices closed
02/20/2023
Sunday-2 A.M. Begin Daylight Savings Set clocks forward +
03/12/2023 check smoke detectors
Wednesday Administrative Professionals Day
04/26/2023
Begins National Public Works Week
05/21/2023
Monday Memorial Day City offices closed
05/29/2023
Tuesday Independence Day City offices closed
07/04/2023
Friday Park + Recreation Professionals Day
07/21/2023
Monday-Noon For more info, contact
08/07/2023 City Election Qualifying Period Begins the City Clerk's Office
Friday-Noon For more info, contact
08/18/2023 City Election Qualifying Period Ends the City Clerk's Office
Friday Building + Code Staff Appreciation Day
09/01/2023
Monday Labor Day City offices closed
09/04/2023
Begins Finance + Accounting Appreciation Week
09/25/2023
Tuesday Human Resources Professionals Day
09/26/2023
Tuesday National Night Out (tentative)
10/03/2023
Monday Boss's Day
10/16/2023
Sunday-2 A.M. End Daylight Savings Set clocks back +
11/05/2023 check smoke detectors
Tuesday Election Day For more info, visit
11/07/2023 Vote B reva rd.g ov
Friday Veterans Day (observed) City offices closed
11/10/2023
Thursday Thanksgiving Day City offices closed
11/23/2023
Friday Day after Thanksgiving City offices closed
11/24/2023
Monday Christmas Eve (observed) City offices closed
12/25/2023
Tuesday Christmas Day (observed) City offices closed
12/26/2023
, CE 4k
bs�, CITY OF
4 ';� 7Fl_/' CAPE CANAVERAL
CITY COUNCIL MEETING • DECEMBER 6, 2022
AV
CITY AGENDA ITEM SUMMARY• ITEM #4 CAPE CANAVERAL
Subject: Approve Purchase and Installation of Municipal Complex Lightning Protection System
Upgrade by EMP Solutions, Inc. in the amount of $29,300.
Department: Community and Economic Development: Resilience Division
Summary: In the summer of 2021, the City of Cape Canaveral Water Reclamation Facility (WRF),
which is responsible for the treatment of the City's wastewater, was severely damaged by lightning
resulting in a loss of telecommunications and monitoring devices, pumps and the WRF's
Supervisory Control and Data Acquisition operating system. Because of the resulting service
interruption, Staff was required to initiate 24-hour operations for several days to ensure WRF
processes were not interrupted and a continuation of services was maintained. Subsequent to the
replacement of all damaged equipment, the total lightning related insurance claim was $76,316.
After this disruptive lightning strike incident, Staff researched a newer form of lightning protection
system (LPS) called a CMCE device (Attachment 1). On November 16, 2021, City Council approved
a $27,100 expenditure for two of these devices to be installed at the WRF; one atop the facility's
primary radio tower above the Public Works Services Administrative Building and the other atop
the carbon feed tank enclosure. Since their installation in January 2022, the WRF has not seen any
direct lightning strikes on property or lightning-related damages, even through the summer
months when lightning is most prevalent. With this success, Staff intends to have more CMCE
devices installed at other critical City buildings and facilities.
CMCE devices create a protective sphere over the point in which they are installed that eliminates
the possibility of direct lightning strikes. The devices work to balance the ambient electrical field by
constantly draining current from the field, both positive and negative, and reduce the potential
difference that naturally builds up during a storm. This process works to eliminate any upward
streamers (i.e. the charge trying to find its way up towards the cloud) and effectively camouflages
or hides structures and objects from prospective lightning strikes seeking to make contact with the
ground that are descending from clouds and attempting to make a connection. All CMCE devices
include a 10-year warranty, all ground components include a 5-year warranty and all CMCE
installations come with a $500,000 no direct strike guarantee. This equipment is seen as superior to
more traditional passive lightning rods that still allow for lightning strikes on property and do not
always provide adequate protection to surrounding structures.
Due to its unique geography and atmospheric conditions, the State of Florida is considered the
lightning capital of the United States (U.S.) according to the National Weather Service. Specifically,
the corridor between Tampa Bay and Titusville receives the most lightning strikes in the U.S. each
year,with an average of 56 strikes annually per square mile. Ninety percent of these lightning strikes
occur between May and October, between noon and midnight.
The Municipal Complex consist of City Hall, the Brevard County Sheriff Office (BCSO) Cape
Canaveral Precinct Building, the Cape Canaveral Public Library, and the Nancy Hanson Recreational
Complex, as well as several parks and other pedestrian oriented pieces of infrastructure. This is a
highly trafficked area devoted to providing several critical municipal functions and services, as well
City of Cape Canaveral
City Council Meeting • December 6, 2022
Agenda Item #4
Page 2 of 2
as event hosting, that has had lightning-related issues occur in the past. A lightning strike at City
Hall in March 2022 that caused damage to an electric vehicle charging station, work computers,
security equipment, and components of the building's emergency backup generator; as well as
damage to two Staff personal vehicles in the building's parking lot and the partial loss of an adjacent
oak tree.This resulted in a total lightning related City property-specific insurance claim of$7,145.74.
As the seat of government, this area should have its protection enhanced.
EMP Solutions', Inc. Scope of Work (Attachments 2 and 3) puts forth two proposals. Staff is
recommending the second proposal to protect the Municipal Complex. The total cost: $29,300. The
proposal consists of two CMCE devices — CMCE-55 and CMCE-120 — placed atop City Hall and on
a light pole at the north end of the Nancy Hanson Recreational Complex adjacent to Taylor Avenue
respectively. This would provide a sphere of protection around each stated area 375 feet and 790
feet in size respectively.
Product and service references (Attachment 4) indicate that the CMCE devices effectively eliminate
direct lightning strikes at similar facilities in Florida where they are appropriately placed. EMP
Solutions, Inc. has also provided an extensive list of CMCE project examples (Attachment 5 virtual).
Estimated time to completion, from project approval, is 30 days.
Submitting Department Director: David Dickey
Attachments:
1: CMCE Product Catalog
2: EMP Solutions City of Cape Canaveral Quote/Scope of Work#1
3: EMP Solutions City of Cape Canaveral Quote/Scope of Work#2
4: Product References
5: EMP Solutions Project Examples
Financial Impact: $29,300 in device and installation costs to be performed by EMP Solutions, Inc.
funded by American Rescue Plan Act (ARPA). Staff time and effort to complete this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo
The City Manager recommends the City Council take the following action:
Approve Purchase and Installation of Municipal Complex (i.e. City Hall and the Nancy Hanson
Recreational Complex) Lightning Protection System Upgrade by EMP Solutions, Inc. in the amount
of $29,300.
Approved by City Manager: Todd Morley
Attachment 1
Arm
CMCE
Lightning Suppressor
www.preventlightning.com �'�
ati--*
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MODEL: CMCE-120
ligel-M HEIGHT: 14.9 inches
WIDTH: 9.5 inches
m WEIGHT: 17.6 pounds
POWER: No power required
!� DURABILITY: Water proof- Explosion proof
Cold / Heat Resistant
_ EFFECTIVENESS: 100%in field and lab tests
i COVERAGE RADIUS: Up to 120 Meters (393 Feet)*
111 I WARRANTY: 10 Years
MODEL: CMCE-55
HEIGHT: 8 inches
_ airmik•
WIDTH: 6 inches
Iill WEIGHT: 5.2 pounds
+iii POWER: No power required
n i DURABILITY: Water proof- Explosion proof
Cold / Heat Resistant
EFFECTIVENESS: 100%in field and lab tests
COVERAGE RADIUS: Up to 55 Meters (180 Feet)*
WARRANTY: 10 Years
MODEL: CMCE-25
„,,,,` HEIGHT: 6 inches
ill WIDTH: 4 inches
WEIGHT: 2.1 pounds
`+� '" POWER: No power required
iir' )- DURABILITY: Water proof- Explosion proof
1 Cold / Heat Resistant
4 EFFECTIVENESS: 100%in field and lab tests
COVERAGE RADIUS: Up to 25 Meters (83 Feet)*
WARRANTY: 10 Years
* Coverage area depends on several factors including geographical location,type of structure,height,and
other risk factors.
HOW IT WORKS
1. lightning is a two-step process. Both steps must occur
for lightning to strike. — G r r r�vd'llo.
2. The energy in storm clouds build as it passes over the
earth. Eventuallythe energybuilds so much that it i • +
— Negative charges
must discharge. This is known as `Potential Difference' +
as the Cloud's Potential exceeds the Earth's Potential. + Positive charges Step
leaders +
3. When this happens,the cloud sends down negatively
charged"Leaders".
4. At the same time, an opposite reaction occurs on earth
and positively charged items send up "Upward k l
Streamers". Positively charged items can be boats, IR II li CHI � +II
homes,buildings,towers,pets and people. Virtually + + `+ +‘ �+ i� i +� + +4
anything can emit Upward Streamers. �I
1. The CMCE devices work to balance the electrical field. 0 v
2. They constantly drain current from the field, both C 0
positive and negative, and reduce the Potential '�,`''t r�,,,'
Difference is building during a storm. 0
v"-f0�y 0
3. This process eliminates the Upward Streamers and e '� l
effectively camouflages or hides a protected structure a
from the Stepped Leaders that are descending from the MEM
clouds and attempting to connect to the ground.
0 O sec Gi
iha R��
The Result is a Lightning Free Protected i fir0
11.1
Zone where lightning cannot directly strike. O
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With thousands of locations worldwide and o NM
no strike on any protected facility in over 15
years, the CMCE is the most effective way 0
to eliminate lightning from striking your o
boat, home, business and more.
i
4
t
SOLUTIONS Attachment 2
10/14/2022
ENACITY OF CAPE CANAVERAL
MUNICIPAL COMPLEX LIGHTNING PROTECTION
PREPARED BY:JAY KOTHARI
EMP SOLUTIONS,INC.
11650 LANTERN ROAD,SUITE 105,FISHERS,IN 46038
■
CITY OF CAPE CANAVERAL
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PRODUCT:
Variable Electrical Field Compensator EN/1F SoLLJTIoNS
MATERIAL: WEIGHT: COMPENSATORS:
ALUMINUM / 16.12 lbs 6 Drawing 01.14.2021
POLYOXYMETHYLENE Manufacturer:SERTEC SRL
MODEL#: Asuncion,Paraguay
CMCE-120 Lightning Suppressor
10/14/2022 City of Cape Canaveral 2
(SOLUTIONS
Lightning&EMP Protection Quote
EMP Solutions,Inc. DATE:OCTOBER 14,2022
11650 Lantern Road Suite 105 INVOICE#
Fishers,IN 46038
jay@empsolutionsinc.com
TO City of Cape Canaveral SHIP TBD
TO
SALESPERSON PO# SHIPPING SHIPPING DELIVERY PAYMENT DUE
METHOD TERMS DATE TERMS DATE
TBD Free TBD TBD TBD
QTY ITEM # DESCRIPTION UNIT PRICE DISCOUNT LINE TOTAL
2 CMCE-120 Lightning Suppressor 14950.00 $29,900.00
Installation includes
3 INSTALL deployment, all $9600.00 $6400.00
material, equipment,
and labor
TOTAL
DISCOUNT
SUBTOTAL $36,300.00
SALES TAX 0.00
TOTAL $36,300.00
10/14/2022 City of Cape Canaveral 3
SOLUTIONS Attachment 3
10/14/2022
ENACITY OF CAPE CANAVERAL
MUNICIPAL COMPLEX LIGHTNING PROTECTION
PREPARED BY:JAY KOTHARI
EMP SOLUTIONS,INC.
11650 LANTERN ROAD,SUITE 105,FISHERS,IN 46038
■
CITY OF CAPE CANAVERAL
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Installation Method —
Device 1 — CMCE-55 — City Hall
Device to be mounted to the taller portion of the building on the SW corner. A
matching mast will be mounted under the awning and extend up above the roof line.
This can be done on the side adjacent to Atlantic Avenue so conceal it from the main
road. An extra large down conductor will be installed to offset the static charge created
by the power lines and the device will be grounded as required (TBD).
10/14/2022 City of Cape Canaveral 1
Device 2— CMCE-120 — Light Pole
Device will be attached to one of the two existing concrete light poles on the perimeter
of the tennis court along Taylor Avenue. The down conductor will be concealed in rigid
conduit to prevent theft and a deep ground rod will be drive next to the pole to achieve
required resistance.
10/14/2022 City of Cape Canaveral 2
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PRODUCT:
Variable Electrical Field Compensator EN/1F SoLLJTIoNS
MATERIAL: WEIGHT: COMPENSATORS:
ALUMINUM / 16.12 lbs 6 Drawing 01.14.2021
POLYOXYMETHYLENE Manufacturer:SERTEC SRL
MODEL#: Asuncion,Paraguay
CMCE-120 Lightning Suppressor
10/14/2022 City of Cape Canaveral 3
ENAP(SOLUTIONS
QLightning&EMP Protection U o to
EMP Solutions,Inc. DATE:OCTOBER 14,2022
11650 Lantern Road Suite 105 INVOICE#
Fishers,IN 46038
jay@empsolutionsinc.com
TO City of Cape Canaveral SHIP TBD
TO
SALESPERSON PO# SHIPPING SHIPPING DELIVERY PAYMENT DUE
METHOD TERMS DATE TERMS DATE
TBD Free TBD TBD TBD
QTY ITEM# DESCRIPTION UNIT PRICE DISCOUNT LINE TOTAL
1 CMCE-120 Lightning Suppressor $14950.00 $14,950.00
Installation includes
2 INSTALL deployment, all $9600.00 $6400.00
material, equipment,
and labor
1 CMCE-55 Lightning Suppressor $7950.00 $7950.00
TOTAL
DISCOUNT
SUBTOTAL $29,300.00
SALES TAX 0.00
TOTAL $29,300.00
10/14/2022 City of Cape Canaveral 4
Attachment 4
Lake Nona US Tennis Association National Campus - Building and Court Protection
Zachary,
The system we use was developed and implemented by EMP Solutions
("https://www.preventlightning.com/"). The system was installed about 3 to 4 years ago and
since then, we have not experienced a direct strike. That of course, does not mean that the
solution works, as it could just be that we've been lucky. Nonetheless, we do consider it to be
one of the solutions that we rely on when coupled with ThorGuard which is our lightning
detection system. Regardless of whether it works or not, then one thing that we continue to deal
with are storm induced surges that often damage outside equipment throughout our campus.
So, if you are starting from scratch, I would consider installing a grounding solution to
compliment these auxiliary systems.
Hope this helps,
- Carlos Lakomy, Director of Technology Development and Deployment
Sarasota County - 911 and Communications Towers
Good Afternoon Zach,
We currently have 3 of our communications towers including a tower located at our county 911
center protected by EMP Solutions and their CMCE devices. Prior to installation we had
experienced multiple lightning strikes at our facility. After installation we have had no lightning
strikes. Our units have been installed for about 3 years.
As with everything we were skeptical with the claims that it stops a lightning strike. Speaking
from experience and results, the technology seems to work. We would recommend these units
to protect from a lightning strike.
As for EMP Solutions, they were great to work with. Very professional and accommodating to
our needs.
-Bill Rhodes, Technology Systems Manager, Sarasota County Emergency Services
Kissimmee Utility Authority (KUA) - Power Transmission and Generation
Structures
Good Morning Zach,
Absolutely. I will assist with any question you may have.
Since installation, have you noticed a decrease in the amount of direct lightning strikes at your
facility/facilities?
KUA uses multiple levels of lightning protection to include arrestors, grounding grids, EMP
Defense, Etc. Our EMP Defense installation strategy was to protect our critical assets (KUA
Buildings, Substations and adjacent materials within the protection radius of the device). We
completed installation earlier this year and to date we have not had a strike occur within the
protection radius of the EMP Device. Our plan is to continue to monitor device effectiveness by
reviewing adjacent strikes (outside the protection) to ensure that lightning has not penetrated
the zone of protection. This work is on-going and we are going to try to review year over year
strike data to derive effectiveness as well.
Was your working experience with EMP Solutions satisfactory and efficient?
Working with EMP Solutions was great. The team was very receptive and helpful for device
installations and to assist in picking locations.
Would you recommend the CMCE devices and EMP Solutions to others?
I would recommend CMCE devices and EMP Solutions. Although we haven't fully tested and
analyzed everything, the initial indications illustrate protection with the zone. From my
understanding, the solution has worked very well in other applications.
Any and all information you could provide in regards to this topic would be greatly appreciated.
KUA did the installation in conjunction with a research grant with American Public Power
Association.
If you have any questions, or would like to discuss further.. please let me know.
-Michael Wagner, Dispatch and Compliance Manager
Attachment 5
EMP Solutions, Inc .
PROJECT EXAMPLES
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, CE 4k
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4 ';� 7Fl_/' CAPE CANAVERAL
CITY COUNCIL MEETING • DECEMBER 6, 2022
AV
CITY AGENDA ITEM SUMMARY• ITEM #5 CAPE CANAVERAL
Subject: Ordinance No. 20-2022; 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, 2021, and ending September 30, 2022; providing
for an effective date, second reading.
Department: Administrative and Financial Services
Summary: Each year, the Adopted Budget requires amendments. Ordinance No. 20-2022
(Attachment 1) is presented for adoption. The Ordinance details the revenues and expenditures
pertaining to the Starting Budget, Budget Transfers, and Year-end Budget Adjustments and
concludes with the 2022 Ending Budget. The revenues and expenditures have been adjusted to
reflect what Staff believes to be the final Budget. This shows revenue that has exceeded estimates
or was under-realized.
The Budget Adjustment Summary(Attachment 2) is sequentially numbered by Account/Description.
As with past years, the Annual Comprehensive Financial Report (ACFR) will provide the actual
expenditures for this budget year. It is anticipated that the FY 2021/22 Estimated Ending Fund
Balances as compared to the Budget are as follows:
General Fund $361,380
Special Revenue Fund -$296,138
Capital Projects Fund -
Wastewater Enterprise Fund $107,524
Stormwater Enterprise Fund $436,779
At its October 18, 2022 Regular Meeting, Council approved the subject Ordinance at first reading.
The Notice of Hearing was placed for advertisement in Florida Today on October 21, 2022 and the
Ordinance is now presented for second reading and final adoption.
Submitting Department Director: John DeLeo
Attachment: 1 - Ordinance No. 20-2022
2 - Budget Adjustment Summary
Financial Impact: No additional financial impact is experienced through the formal adoption of
the Budget Adjustments and Amendments. However, the financial impact of each Adjustment or
Amendment is recorded at the face value of the Amendment; cost of advertisement. Staff time and
effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo
The City Manager recommends the City Council take the following action:
Adopt Ordinance No. 20-2022, second reading.
Approved by City Manager: Todd Morley
Attachment 1
ORDINANCE NO. 20-2022
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; 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, 2021, AND ENDING SEPTEMBER 30,
2022; PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida,
as follows:
SECTION 1. Amendments to the Annual General Fund, Special Revenue Funds,Agency Fund,
Capital Project Funds, Enterprise Funds and Enterprise Capital Fund Budgets are attached hereto as
Exhibit"A"and made a part hereof, of the City of Cape Canaveral, Florida for the fiscal year beginning
October 1, 2021, and ending September 30, 2022, are hereby approved and adopted.
SECTION 2. This Ordinance shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 6th day
December, 2022.
Wes Morrison, Mayor
ATTEST: FOR AGAINST
Kim Davis
Mia Goforth, City Clerk Mickie Kellum
Wes Morrison
Angela Raymond
Approved as to Form:
Don Willis
Anthony A. Garganese, City Attorney
First Reading: 10/18/2022
Legal Ad Published: 10/21/2022
Second Reading: 12/6/2022
For Fiscal Year Ending September 30,2022 Ordinance No.20-2022
Exhibit A
GENERAL FUND -.&
FY 2022 FY 2022 FY 2022 FY 2022
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward 1,401,200 (1,401,200) -
Cash Forward-R&R 595,500 (595,500) -
Ad Valorem Taxes 5,138,467 79,948 5,218,415
Local Option Gas Tax 320,000 63,669 383,669
Franchise Fees 844,168 130,614 974,782
Utility Taxes 1,237,596 106,861 1,344,457
Communications Service Tax 392,450 (17,186) 375,264
Permits&Licenses 666,800 (10,783) 656,018
Impact Fees 701,250 1,063,947 1,765,197
State Grants 253,600 (252,452) 1,148
ARPA Revenue 51,761 51,761
State Shared Revenue 946,795 198,064 1,144,859
Local Shared Revenue 138,918 - 138,918
Charges for Services 24,250 25,289 49,539
Garbage&Recycling Revenue 1,216,484 42,146 1,258,630
Recreation Fees 75,375 32,221 107,596
Fines&Forfeitures 14,325 891 15,216
Interest Income 57,270 16,275 73,545
Fire Hydrant Rental Fee 81,800 448 82,248
Miscellaneous Revenue 95,300 (30,412) 64,888
PAL Program Revenue 41,000 (14,588) 26,412
Transfer from School Guard Crossing Fund 2,050 - 2,050
Transfer from CRA 686,093 130,093 816,186
Contribution from Wastewater Fund 707,506 - 707,506
Contribution from Stormwater Fund 19,566 - 19,566
Other Sources Loan Proceeds 3,950,000 (808,405) 3,141,595
TOTAL REVENUES 19,607,763 - (1,188,301) 18,419,462
EXPENDITURE
Legislative 74,948 (9,655) 65,293
Administrative Services 575,650 (20,482) 555,168
Community Dev/Code Enf/Econ Dev 791,259 (15,758) 775,501
Protective Services 3,309,761 8,228 3,317,989
Fire/Rescue Services 2,647,475 (389,470) 2,258,005
Building 330,190 (61,708) 268,482
Infrastructure Maintenance 1,405,460 19,000 (167,768) 1,256,692
Community&Cultural Programs 295,128 (97,215) 197,913
Leisure Services 1,348,753 12,000 (422,264) 938,489
Legal Services 297,432 (138,955) 158,477
Solid Waste 1,211,916 36,215 1,248,131
Debt Service 1,292,475 116,000 14,093 1,422,568
Non-Departmental 5,792,823 50,000 (247,448) 5,595,375
Contingency 234,493 (197,000) 323,887 361,380
TOTAL EXPENDITURES 19,607,763 - (1,188,301) 18,419,462
Excess of Revenues Over/(Under)Expenditures - - 0
Page 1 of 6
For Fiscal Year Ending September 30,2022 Ordinance No.20-2022
POLICE EDUCATION FUND .ff
FY 2022 FY 2022 FY 2022 FY 2022
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Police Education Income 1,380 (139) 1,241
Interest Income 230 (120) 110
TOTAL REVENUES 1,610 - (259) 1,351
EXPENDITURE
Education&Training -
Contingency 1,610 (259) 1,351
TOTAL EXPENDITURES 1,610 - (259) 1,351
Excess of Revenues Over/(Under)Expenditures - - (0)
FIRE PROTECTION FUND
FY 2022 FY 2022 FY 2022 FY 2022
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward R&R
Interest Income 504 (222) 282
Impact Fees 9,500 (9,500) -
Net Increase(decrease)in FMV - -
TOTAL REVENUES 10,004 - (9,722) 282
EXPENDITURE
Transfer to GF
Contingency 10,004 (9,722) 282
TOTAL EXPENDITURES 10,004 - (9,722) 282
Excess of Revenues Over/(Under)Expenditures - - (0)
Jil— II
SCHOOL CROSSING GUARD FUND
FY 2022 FY 2022 FY 2022 FY 2022
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward 1,200 - 1,200
Parking Fine Surcharge 850 (122) 728
Interest Income -
TOTAL REVENUES 2,050 - (122) 1,928
EXPENDITURE
Transfer to General Fund 2,050 - 2,050
Contingency (122) (122)
TOTAL EXPENDITURES 2,050 - (122) 1,928
Excess of Revenues Over/(Under)Expenditures - - (0)
Page 2 of 6
For Fiscal Year Ending September 30,2022 Ordinance No.20-2022
LIBRARY FUND .ff
FY 2022 FY 2022 FY 2022 FY 2022
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward
Ad Valorem Taxes 67,481 1,096 68,577
Ad Valorem Tax Delinquent 50 (50)
Tax Penalty Income 60 (17) 43
Interest Income 6,180 (3,103) 3,077
Miscellaneous 5,000 5,000
Interest-Tax Collections 42 77 119
Impact Fees-Library 12,100 12,789 24,889
TOTAL REVENUES 85,913 - 15,793 101,706
EXPENDITURE
Operating Expenses 40,100 (21,283) 18,817
Capital Purchases 30,000 (875) 29,125
Contingency 15,813 37,952 53,765
TOTAL EXPENDITURES 85,913 - 15,793 101,706
Excess of Revenues Over/(Under)Expenditures - - (0)
CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY
FY 2022 FY 2022 FY 2022 FY 2022
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward - -
Shared Revenue from Cape Canaveral 943,062 - 943,062
Shared Revenue from Brevard County 943,062 - 943,062
Interest Income 288 (171) 117
Transfer from General Fund 3,793,193 (651,598) 3,141,595
Transfer from Stormwater 65,000 - 65,000
TOTAL REVENUES 5,744,605 - (651,769) 5,092,836
EXPENDITURE
Operating Expenses 11,559 (10,140) 1,419
Capital Purchases 4,783,693 (209,372) 4,574,321
Debt Service 938,417 (69,907) 868,510
Contingency 10,936 (10,936) -
TOTAL EXPENDITURES 5,744,605 - (300,355) 5,444,250
Excess of Revenues Over/(Under)Expenditures - - (351,414)
Page 3 of 6
For Fiscal Year Ending September 30,2022 Ordinance No.20-2022
LAW ENFORCEMENT TRUST FUND
FY 2022 FY 2022 FY 2022 FY 2022
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward 7,526 - 7,526
Interest-State 45 (29) 16
Contraband Income 1,000 (637) 363
Net Increase(decrease)in FMV -
TOTAL REVENUES 8,571 - (667) 7,904
EXPENDITURE
School Resource Officer 6,203 - 6,203
Contingency 2,368 (667) 1,701
TOTAL EXPENDITURES 8,571 - (667) 7,904
Excess of Revenues Over/(Under)Expenditures - - 0
Page 4 of 6
For Fiscal Year Ending September 30,2022 Ordinance No.20-2022
WASTEWATER ENTERPRISE FUND
FY 2022 FY 2022 FY 2022 FY 2022
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward 434,000 (434,000)
Utility Operating Income 4,056,805 116,206 4,173,011
Utility Penalty Income 62,015 (20,089) 41,926
Sewer Assessment Fees 84,000 97,141 181,141
Reuse Hook-Up Fees 2,925 (2,925)
Reclaimed Water Revenue 91,650 1,289 92,939
Investment Income 6,240 (3,258) 2,982
Sale of Fixed Assets 2,000 (2,000)
Miscellaneous Income 2,000 78,374 80,374
State Grants - 128,400 128,400
Transfer from CC CRA Fund 52,324 - 52,324
SRF Loan Proceeds 2,096,500 (329,391) 1,767,109
TOTAL REVENUES 6,890,459 - (370,252) 6,520,207
EXPENDITURE
Personal Services 1,683,277 (29,514) 1,653,763
Operating Expenses 1,338,021 45,850 (338,786) 1,045,085
Debt Service 551,629 75,732 627,361
Contribution to General Fund 707,506 - 707,506
Capital Outlay 2,530,500 (151,532) 2,378,968
Contingency 79,526 (45,850) 73,848 107,524
TOTAL EXPENSES 6,890,459 - (370,252) 6,520,207
Excess of Revenues Over/(Under)Expenses - - -
Page 5 of 6
For Fiscal Year Ending September 30,2022 Ordinance No.20-2022
STORMWATER ENTERPRISE FUND
FY 2022 FY 2022 FY 2022 FY 2022
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward 205,100 (205,100)
Stormwater Utility Fees 1,159,200 (69,794) 1,089,406
Investment Income 2,376 (128) 2,248
Miscellaneous Income - 11,752 11,752
Grant-FIND 131,400 (131,400)
TOTAL REVENUES 1,498,076 - (394,670) 1,103,406
EXPENDITURE
Personal Services 323,291 2,526 325,817
Operating Expenses 295,590 (95,093) 200,497
Contribution to General Fund 19,566 - 19,566
Transfer to CRA 65,000 - 65,000
Capital Outlay 336,500 175,000 (455,754) 55,746
Contingency 458,129 (175,000) 153,650 436,779
TOTAL EXPENSES 1,498,076 - (394,670) 1,103,406
Excess of Revenues Over/(Under)Expenses - - 0
Page 6 of 6
Attachment 2
General Ledger
Budget Adjustment Summary 4 .
City of ` r
Cape Canaveral G.� .� '�'
DATE ACCOUNT NUMBER DESCRIPTION BEGINNING BUDGET CHANGE ENDING BUDGET
10/22/2021 001-017-901-933000 PROFESSIONAL SERVICES 900 50,000 50,900
10/22/2021 001-017-901-999000 CONTINGENCY 234,493 (50,000) 184,493
3/23/2022 001-007-541-563001 CAPITAL- INFRASTRUCTURE- R&R 55,000 19,000 74,000
3/23/2022 001-017-901-999000 CONTINGENCY 184,493 (19,000) 165,493
6/14/2022 001-015-519-571000 DEBT SERVICE 1,190,000 116,000 1,306,000
6/14/2022 001-017-901-999000 CONTINGENCY 165,493 (116,000) 49,493
7/14/2022 401-010-535-546220 COLLECTION SYSTEM MAINTENANCE 122,950 45,850 168,800
7/14/2022 401-010-535-599000 CONTINGENCY 79,526 (45,850) 33,676
9/1/2022 403-018-538-563201 PAVING FUND 25,000 175,000 200,000
9/1/2022 403-018-538-599000 CONTINGENCY 458,129 (175,000) 283,129
9/13/2022 001-011-572-552170 PAL PROGRAM EXPENSES 14,000 12,000 26,000
9/13/2022 001-017-901-999000 CONTINGENCY 49,493 (12,000) 37,493
, CE 4k
bs�, CITY OF
4 ';� 7Fl_/' CAPE CANAVERAL
CITY COUNCIL MEETING • DECEMBER 6, 2022
AV
CITY AGENDA ITEM SUMMARY• ITEM #6 CAPE CANAVERAL
Subject: Appoint a Voting Delegate/Director and an Alternate to the Space Coast League of Cities.
Department: City Clerk's Office
Summary: Every December, the governing body of each member municipality must appoint a
Voting Delegate/Director and an Alternate to the Space Coast League of Cities (SCLOC). Those
eligible to be a Voting Delegate/Director and an Alternate include the member municipality's
Elected Officials, City Manager, City Attorney, City Clerk and Department Directors.
The person appointed as Voting Delegate serves as both the member municipality's Voting
Delegate at membership meetings and as its representative to the Board of Directors. The Voting
Delegate and the Director are the same person. The sole function of the Alternate for the Voting
Delegate/Director is to vote in the absence of the Voting Delegate/Director.
Angela Raymond is the current 2022 Voting Delegate/Director and Mickie Kellum is the Alternate.
It is now incumbent upon City Council to appoint a Voting Delegate/Director and an Alternate to
the SCLOC for calendar year 2023.
Submitting Department Director: Mia Goforth
Attachments:
None.
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo
The City Manager recommends the City Council take the following actions:
Appoint a Voting Delegate/Director and an Alternate to the SCLOC.
Approved by City Manager: Todd Morley
, CE 4k
bs�, CITY OF
4 ';� 7Fl_/' CAPE CANAVERAL
CITY COUNCIL MEETING • DECEMBER 6, 2022
AV
CITY AGENDA ITEM SUMMARY• ITEM #7 CAPE CANAVERAL
Subject: Appoint a Council Member as the 2023 Voting Delegate to the Space Coast
Transportation Planning Organization Governing Board, representing the North Beaches Coalition.
Department: City Clerk's Office
Summary: The Space Coast Transportation Planning Organization (SCTPO) is a metropolitan
planning organization established under § 339.175, F.S., to coordinate transportation planning and
funding throughout Brevard County. The SCTPO Governing Board (Board) and various committees
provide a forum for cooperative decision-making by officials of the affected governmental entities
with input from citizens and constituency groups.
The Board in its current form was created in 2005, with the City of Cape Canaveral joining with the
City of Cocoa Beach in 2006 to share a Voting Delegate seat as the "North Beaches Coalition" (NBC),
with a renewal in 2013. Last year, the Cities of Cape Canaveral and Cocoa Beach extended their
Voting Representation Interlocal Agreement (Agreement)with SCTPO again,through the year 2032.
(Attached)
The City of Cape Canaveral held the Voting Delegate seat for the year 2022, with the City of Cocoa
Beach holding the Alternate seat. Per the terms of this Agreement, the City of Cape Canaveral will
hold the Voting Delegate seat again for 2023.
Don Willis is the City's current NBC Voting Delegate and Cocoa Beach Commissioner Skip Williams
is the Alternate.
It is now incumbent upon City Council to appoint a Council Member as the SCTPO NBC Voting
Delegate for 2023.
Submitting Department Director: Mia Goforth
Attachment:
2022 SCTPO Interlocal Agreement
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo
The City Manager recommends the City Council take the following action: Appoint a Council
Member as the 2023 Voting Delegate to the SCTPO Governing Board, representing the NBC.
Approved by City Manager: Todd Morley
CFN 2022101329, OR BK 9483 Page 1248, Recorded 04/22/2022 at 09: 11 AM Rachel M.
Sadoff, Clerk of Courts , Brevard County
THIS INSTRUMENT RETURN TO:
Loredana Kalaghchy, CMC, City Clerk
City of Cocoa Beach City Hall - First Floor
2 S. Orlando Ave.
Cocoa Beach, FL 32932
THIS INSTRUMENT PREPARED BY:
Paul R. Gougelman, Ill, General Counsel
Space Coast Transportation Planning Organization
Weiss Serota Helfman Cole & Bierman, P.L.
200 East Broward Blvd. — 19th Floor
Ft. Lauderdale, FL 33301
INTERLOCAL AGREEMENT WITH RESPECT TO
VOTING REPRESENTATION ON
SPACE COAST TRANSPORTATION PLANNING ORGANIZATION II
THIS AGREEMENT is made and entered into as of the ` day of 4; l
202 , by and between the CITY OF COCOA BEACH, Florida, a Florida Municipal
Corporation (herein: "Cocoa Beach"), and the CITY OF CAPE CANAVERAL, Florida, a
Florida Municipal Corporation (herein: "Cape Canaveral").
WITNESSETH:
WHEREAS, the Space Coast Transportation Planning Organization, f/k/a the
Brevard County Metropolitan Planning Organization (herein: the "TPO") is a metropolitan
planning organization established under Section 339.175, Florida Statutes, to coordinate
transportation planning and finance throughout Brevard County;
WHEREAS, during the 1990s and the first decade in the 21st Century, Cocoa
Beach was accorded a single voting delegate seat on the TPO Governing Board;
WHEREAS, Cocoa Beach and Cape Canaveral have previously agreed to provide
a methodology by which the two municipalities may share the aforesaid single voting
delegate seat on the TPO Governing Board;
WHEREAS, the first such Interlocal Agreement to share a voting delegate seat was
recorded on March 17, 2006, in Official Records Book 5618, Page 1713, Public Records
of Brevard County, Florida;
WHEREAS, the second such Interlocal Agreement to share a voting delegate seat
was recorded on March 7, 2013, in Official Records Book 6819, Page 912, Public Records
of Brevard County, Florida;
Space Coast TPO/North Beaches Coalition Interlocal Agreement4 2/8/21
1
OR BK 9483 PG 1249
WHEREAS, it is the desire of Cocoa Beach and Cape Canaveral to continue such
previous arrangement to provide a methodology by which the two municipalities may
share the aforesaid single voting delegate seat on the TPO Governing Board;
WHEREAS, the authority to undertake sharing of a delegate seat on the TPO
Governing Board is provided in Section 339.175(3)(a), Florida Statutes (2021), which
states in pertinent part:
(a) The voting membership of an M.P.O. shall consist of at least 5
but not more than 25 apportioned members, with the exact number
determined on an equitable geographic-population ratio basis,
based on an agreement among the affected units of general-
purpose local government and the Governor, as required by federal
regulations. In accordance with 23 U.S.C. s. 134, the Governor
may also allow M.P.O. members who represent municipalities to
alternate with representatives from other municipalities within the
metropolitan planning area which do not have members on the
M.P.O. . . . Voting members shall be elected officials of general-
purpose local governments, one of whom may represent a group of
general-purpose local governments through an entity created by an
M.P.O. for that purpose. . .. .;
WHEREAS, the Governor has authorized the sharing of a representative on the
Space Coast TPO pursuant to a letter dated July 9th, 2013, executed through the Florida
Department of Transportation;
WHEREAS, the undersigned parties for the purposes of this Agreement, and for
the purpose of reference by the TPO, have designated the arrangement provided for
herein to be informally and colloquially referred to as the "North Beaches Coalition";
WHEREAS, this Agreement is entered as an interlocal agreement pursuant to
Section 163.01, Florida Statutes (2021), and is also entered into pursuant to the home rule
power of each of the municipalities as provided in Section 166.021, Florida Statutes, and
Article VIII, Section 2, Florida Constitution of 1968;
WHEREAS, pursuant to this Agreement, the parties have provided for an
arrangement by which the voting delegate on the TPO Governing Board will be rotated
between Cocoa Beach and Cape Canaveral on a scheduled basis;
WHEREAS, the parties have further agreed to establish an organized method to
provide joint instructions to their single voting delegate to the TPO;
Space Coast TPO/North Beaches Coalition Interlocal Agreement4 2/8/21
2
OR BK 9483 PG 1250
WHEREAS, by its language, this Agreement will expire on December 31, 2032, but
may be extended from time to time; p
WHEREAS, this Agreement was approved on J t 1 ,3 , 2022, by the
Cocoa Beach City Commission; and ��pp �/
WHEREAS, this Agreement was approved on _Peart IS , 2022, by the
Cape Canaveral City Council.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed by the Parties that:
1. Recitals. Each and all of the recitals ("WHEREAS clauses") above be and the
same are hereby incorporated herein and declared to be true and correct.
2. Appointment of Voting Delegate. The single voting delegate holding the North
Beaches Coalition seat on the TPO and representing the collective interests of Cocoa
Beach and Cape Canaveral is hereby designated by the governing body of each
respective municipality according to the following schedule:
Designating Party Calendar Years for Designation
Cocoa Beach 2024, 2025, 2028,-2029, & 2032
Cape Canaveral 2022, 2023, 2026, 2027, 2030 & 2031
In the event that any party to this Agreement fails to designate the actual elected official
who serves as North Beaches Coalition delegate to the TPO at or prior to the
commencement of the two-year term for that voting delegate set forth in the preceding
table, the voting delegate designated for the immediate prior two-year term will continue
as such voting delegate until such time as said delegate's successor has been
designated.
3. Powers and Duties of Voting Delegate.
(a) The person designated as the voting delegate for the North Beaches
Coalition seat on the TPO in accordance with the terms of the preceding paragraph of this
Agreement need not reside within the corporate limits of the designating municipality, but
must be an elected official of either Cape Canaveral or Cocoa Beach.
(b) The party municipality that is a party to this Agreement who has the
power to designate a voting representative during any two-calendar year period also may
designate an alternate voting representative. The person designated as the alternate voting
Space Coast TPO/North Beaches Coalition Interlocal Agreement4 2/8/21
3
OR BK 9483 PG 1251
delegate for the North Beaches Coalition seat on the TPO in accordance with the terms of
this Agreement need not reside within the corporate limits of the designating municipality,
but must be an elected official of either Cape Canaveral or Cocoa Beach.
(c) During each two-year term set forth in herein, the voting delegate and
the alternate voting delegate will serve at the pleasure of the designating municipality, which
municipality has the power to rescind any such designation and to name any other elected
official of one of the two municipalities as the voting delegate or alternate voting delegate for
the North Beaches Coalition.
4. TAC and CAC Members. In the event that the TPO seats only one Technical
Advisory Committee ("TAC") member or one Citizens Advisory Committee ("CAC")
member to represent both Cocoa Beach and Cape Canaveral, the party to this Agreement
designating the TPO voting delegate will also have the authority to designate the sole TAC
or CAC member(s) to represent the parties to this Agreement. In the event that the TPO
will permit a TAC or a CAC member to represent each municipality, the governing body of
each municipality will appoint the TAC and CAC member to represent that particular
individual municipality. To the extent permitted by law and pursuant to Section
339.175(6), Florida Statutes, TAC and CAC members will serve at the pleasure of the
appointing authority.
5. Expiration. This Agreement will expire on December 31, 2032; provided, that the
respective governing bodies of Cape Canaveral and Cocoa Beach may agree from time to
time to extend, amend, or terminate this Agreement by written instrument. No such
written instrument will be effective until the amendatory instrument is: approved by the
governing bodies of each of the two municipalities, executed by appropriate officials of
each governing body, and recorded with the Brevard County Clerk of the Court as
provided in Section 163.01(11), Florida Statutes (2021). Upon recordation in the Public
Records of Brevard County, Florida, a recorded copy must promptly be furnished to the
Executive Director of the TPO by either Cocoa Beach or Cape Canaveral.
6. Agreement Termination. The Interlocal Agreement to share a voting delegate
seat recorded on March 17, 2006, in Official Records Book 5618, Page 1713, Public
Records of Brevard County, Florida, is hereby declared to be terminated. The Interlocal
Agreement to share a voting delegate seat recorded on March 7, 2013, in Official Records
Space Coast TPO/North Beaches Coalition Interlocal Agreement4 2/8/21
4
OR BK 9483 PG 1252
Book 6819, Page 912, Public Records of Brevard County, Florida, shall terminate
according to its terms This Agreement shall terminate if at any time during the term
hereof, both Cocoa Beach and Cape Canaveral shall be accorded no voting
representative on the Space Coast TPO Governing Board pursuant to Florida Statutes.
7. Interpretation This Agreement and the terms herein were negotiated jointly by
Cocoa Beach and Cape Canaveral, and the two municipalities had the full choice of
wording thereof. Consequently, no term, provision, or section hereof will be more harshly
construed against either party hereto as the drafter of this Agreement.
8. Effective Date. This Agreement will become effective upon recordation in the
Public Records of Brevard County, Florida, as maintained by the Brevard County Clerk of
Court pursuant to Section 163.01(11), Florida Statutes (2021)
• IN WITNESS WHEREOF, the City of Cape Canaveral, Florida, and the City of
Cocoa Beach, Florida, caused this agreement to be adopted the day and year set forth
below.
CITY OF COCOA BEACH,
FLORIDA, a Florida Municipal
Corporation
By
7:4T4K its
�,
, „{ + M CILA4cu-Gc) crtlSbiOner
'ATTEST: e Dated: Q3 c- ; 202 L
f i ' ,1 i•
(CITY SEAL)
Loredana,'Kalaghch`y, CMC,
its'City,Clerk'
CITY OF CAPE CANVERAL,
FLORIDA, a Florida
CAtOV;fj (,, Municipal Corporation
ByES 1�
A f
Mo,FiroN , its
/VJA Yotk
ATTEST,' AA._
4.2/1:i;
11r, S •
Dated.MARCH /S , 202 2
_r1® /�/.'' ,� ;� (CITY SEAL)
Mia Goforth,' ,!C, its
City Clerk
Space Coast TPO/North Beaches Coalition Interlocal Agreement4 2/8/21
5
, CE 4k
bs�, CITY OF
4 ';� 7Fl_/' CAPE CANAVERAL
CITY COUNCIL MEETING • DECEMBER 6, 2022
AV
CITY AGENDA ITEM SUMMARY• ITEM #8 CAPE CANAVERAL
Subject: Reappoint Resilience Engineering Services Manager Alexis Miller 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.
City representatives on the 2022 SCTPO Technical Advisory Committee (TAC) and Citizens'Advisory
Committee (CAC) are Resilience Engineering Services Manager Alexis Miller and City resident Arlyn
DeBlauw, respectively. Ms. Miller 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 2023, 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
Attachments: None.
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo
The City Manager recommends the City Council take the following actions: Reappoint
Resilience Engineering Services Manager Alexis Miller 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
, CE 4k
bs�, CITY OF
4 ';� 7Fl_/' CAPE CANAVERAL
CITY COUNCIL MEETING • DECEMBER 6, 2022
AV
CITY AGENDA ITEM SUMMARY• ITEM #9 CAPE CANAVERAL
Subject: Consider the Proposal from Kimley-Horn and Associates, Inc. (KH) in the amount of
$15,000 for the completion of an engineering parking analysis, and authorize the City Manager to
execute same.
Department: Community and Economic Development
Summary:At its August 16, 2022 Regular Meeting,the City Council heard from a significant number
of residents regarding the repeal of commercial parking restrictions for a business located on the
100 block of Jackson Avenue due to an on-going Code Enforcement action. As a result, the Council
placed a stay on all Code Enforcement actions dealing with the City's parking regulations
(Attachment 1).
At the same meeting, the Council approved a subsequent motion to send this item to Planning and
Zoning Board (Board) for a recommendation on revising parking requirements. The Council limited
the scope of their request to restaurants and bars.
At its October 12, 2022 Regular Meeting, the Board considered this item. The Board voted to
request the Council approve funding for a parking analysis (Attachment 2) for bars and restaurants.
To this end, Staff secured a proposal from KH for the completion of an engineering parking analysis.
The fee is $15,000 and the work will take approximately 60 days to complete. The fee includes an
evaluation of best practices from around the State (up to five (5)), proposed ordinance revisions,
attendance at an initial Staff kickoff/subsequent review meetings, and presentation of findings to
the Board and Council (Attachment 3).
KH is on the City's Consultant's Competitive Negotiations Act list and is particularly familiar with
the City's transportation network due to work related to the Presidential Streets Master Plan and
the on-going engineering traffic study related to golf cart operation in the City.
Submitting Department Director: David Dickey
Attachments:
1 - Council Meeting Minutes —August 16, 2022 - DRAFT
2 - Planning and Zoning Board Minutes —October 12, 2022 - DRAFT
3 - Kimley-Horn Proposal
Financial Impact: $15,000 for engineering parking analysis by Kimley-Horn and Associates, Inc.
funded by the General Fund. Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo
The City Manager recommends the City Council take the following action: Consider the
Proposal from Kimley-Horn and Associates, Inc. (KH) in the amount of $15,000 for the completion
of an engineering parking analysis, and authorize the City Manager to execute same.
Approved by City Manager: Todd Morley
Attachment 1
City of Cape Canaveral, Florida
City Council Regular Meeting •August 16, 2022
Minutes • Page 2 of 9
Brad Pervell discussed good customer service provided by Leisure Services Staff when renting the
Pavilion.
The following City residents, business and property owners discussed or waved their hands in
support of repealing commercial parking restrictions on behalf of Peg S. Schaller, owner of Ellie
Mae's Tiki Bar: Jennifer Brand, Peg S. Schaller, Kiera Stolts, Eric LeBlanc, Carol Haley, Dino Martin,
Tom Shoriak, Jeff Raymon, Mark Hamberger, Jamie Lantz, Marianne Pluchino, Kimberly Bertuzzi,
Christine Campbell, Stefinie Lengen, Janet Bernard, Derek Bernard, Robert Wray, Dave
Cronenberg, Michelle Gouge, Daniel Palamountain, Will Davidson, Rick Sprole, Patty Bendrick,
Sylvia Ludwig, Gretchen Whitney, Kira Stoip, Geoff Bramlett, Emily Blanton, Joan Giles, Eric
Pluchino, Lu Hemond, William Cottons, Kristin Williams, Chelsea Williams-Gividen, Vanessa Van
Dongen, Shay Seitz, Bill Davidson, Shirley Elliot, Mark Elliot, Heather McIntosh, Brittany Adamson,
Melissa Cole, Mary Hooper, Bob Zittel, Chris Passio, Patti Lowery, Jason Pace, Tracy McIntosh,
Brenda VanWinkle, Andrew Menyhart, Elena Alvarez and Dana McMullan.
Mayor Morrison requested Council make a motion to place Agenda Item 18 regarding parking
regulation before Item 17, after Presentations/Interviews. A motion was made by Council
Member Willis, seconded by Mayor Pro Tem Kellum, to move Item 18 to the top of the list
just after Presentations/Interviews. The motion carried 5-0.
PRESENTATIONS/INTERVIEWS:
Presentation of Proclamation declaring August 2022 as "Florida Water Professionals Month"
to City Public Works Services Staff, representing the Florida Water & Pollution Control
Operators Association: Mayor Morrison presented the Proclamation to Public Works Services
Director Moore.
Presentation of Institute for Elected Municipal Officials Certificate of Completion to Council
Member Don Willis: Mayor Morrison presented the Certificate to Council Member Willis.
Mayor Morrison recessed the meeting at 7:39 p.m. The meeting resumed at 7:50 p.m.
18. Parking regulations to help small businesses in our City/Parking Minimums in the
Commercial District (Submitted by Mayor Pro Tem Kellum and Mayor Morrison): Mayor
Morrison explained the Item. City Manager Morley requested discussion be limited to restaurants
and bars. Discussion ensued and included striking the minimum parking language in the City
Code, following the Fire Code, creating ordinances that are business-friendly, how the City is small
and not able to attract large franchise restaurants, City Code Sec. 110-491(1) requirements, a
suggestion to implement a variance for special cases such as Ellie Mae's Tiki Bar, pros and cons of
striking an entire Code Section, and a suggestion to conduct a parking analysis to look at best
practices for all small businesses. City Manager Morley confirmed understanding of Council's
desires, explained the City Code requirement for any land development regulation must come by
recommendation of the Planning and Zoning Board and suggested a motion to send the Item to
the Board for consideration of all Council-discussed suggestions, and suggested Council place a
stay on Code Enforcement actions related to City Code Section 110-491(1) for all existing
restaurants and bars, including Ellie Mae's Tiki Bar. A motion was made by Mayor Pro Tem
Kellum, seconded by Council Member Raymond, for a stay for all existing businesses under
Code Sec. 110-491(1). The motion carried 5-0. Discussion ensued regarding when the item
should be scheduled for the Planning and Zoning Board Meeting and how there will be no
negative Code Enforcement impacts due to the stay approved by Council. A motion was made
City of Cape Canaveral, Florida
City Council Regular Meeting •August 16, 2022
Minutes • Page 3 of 9
by Council Member Willis, seconded by Council Member Raymond, to send the Item to the
Planning and Zoning Board. City Manager Morley clarified that City Council has no authority
over the Florida Fire Code. City Attorney Garganese advised Council on the reason not to seek
waiving occupancy requirements. The motion carried 5-0.
17. Resolution No. 2022-16; modifying and updating the City's list of State Road A1A
Improvement Priorities; requesting the Florida Department of Transportation provide an
updated traffic study for the portion of State Road A1A located within the City of Cape
Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an
effective date: Mayor Morrison reviewed the Item and called for a compromise with the Florida
Department of Transportation (FDOT) without support for the Roundabout. Discussion ensued
and included individual Mayor and Council discussions with FDOT District Five Director of
Transportation Development Charles"Jack"Adkins, an alternative to improve State Road (SR)A1A,
opposition to the Roundabout Project, Council Member Willis' efforts as the City's representative
member on the Space Coast Transportation Planning Organization Governing Board to avert other
municipalities trying move ahead on the list of the FDOT projects, encouragement of groups to
meet with FDOT to view what can be achieved, the City's long history of advocating for SR A1A
safety and improvements, the need to reach common ground, and clarification on FDOT SR A1A
prioritization of the Roundabout versus other improvement projects on SR A1A in the City. City
Attorney Garganese advised Council how to proceed with approving Resolution No. 2022-16. A
motion was made by Mayor Morrison, seconded by Mayor Pro Tem Kellum, to approve
Resolution No. 2022-16, with "opposes" the proposed Roundabout. Discussion ensued and
included City Manager Morley's request for clarification of Mayor Morrison's conversation with
FDOT Director Adkins about what the City will get, even if it opposes the Roundabout, including
the 35mph speed limit and the raised median/landscaping, which FDOT previously indicated
would not be included in the Project. Mayor Morrison discussed how Director Adkins made no
guarantees but said yes to looking at other options with the pursuit of the 35mph speed limit,
and that FDOT maintains their position but are willing to look at alternatives other than the two
submitted. Discussion continued on whether the City will be getting all of the Public Safety Priority
Items contained in Exhibit "A" with the passage of the Resolution, and the element of risk Council
is willing to take with no guarantee from FDOT. The motion carried 5-0.
OLD BUSINESS:
1. Rising Rents. (Submitted by Council Member Raymond): Council Member Raymond
discussed concerns regarding the long waiting lists for senior citizen apartments, some rents
increasing $500 to $1,000 more per month, her passion for people and affordable housing, and
the Certificate of Recognition she received on behalf of the Society of St. Vincent DePaul, Our
Saviour's Conference from the Governor's Faith and Community Based Initiative for front line
service to the vulnerable populations of Florida. Discussion ensued and included a need for
renovating properties for affordability like other cities are doing, the importance of workforce
housing, reviewing the Community Redevelopment Area (CRA) Plan to add affordable housing,
the increasing population of Florida,the challenge of affordable housing construction, tiny homes
and 3-D printed houses.
2. Consideration and final action on the Code Enforcement Special Magistrate's Report
and Recommendation regarding a request for a lien reduction for violations at 321 Johnson
Avenue: Item rescheduled at the request of property owner by Consensus of Council to September
21, 2022.
Attachment 2
City of Cape Canaveral, Florida
Planning and Zoning Board Meeting • October 12, 2022
Minutes • Page 2 of 4
1. Approval of Meeting Minutes: August 3, 2022 — Motion to accept the minutes, made
by Board Member Stroud and seconded by Board Member Denny. Vote on the motion
carried unanimously.
B. Quasi-Judicial/Comprehensive Plan Amendments (Legislative — Public Hearings):
2. Presidential Streets Master Plan Update
Kyle Harris gave a presentation to the Board on the Presidential Streets Master Plan (Plan), to
include revisions suggested by the Board at its August 24, 2022 meeting. Kimley Horn improved
the quality of some of the images used in the Plan, making them easier to read. Also, language
on page 4, providing an overview of the Center Street Basin Study, was added. The Board had
requested the Plan expand on potential benefits presented by one-way streets as they relate to
storm water management. There is additional language and tables presenting opportunities and
challenges for both one-way streets and two-way streets. Changing a street to one-way will
change the traffic pattern throughout the neighborhood and should be done in conjunction
with the traffic study to determine traffic and mobility impact.
Assuming there are no comments, the next stage, will be to study the lay out and arrangement
of the presidential streets and identify potential one-way streets. This study will be called Phase
2, and will provide more detail on specific streets and providing recommendations. This study
would be initiated in FY 22-23 (contingent upon Council approval). From there, public input
would be gathered on study recommendations to include residents/owners on a affected street.
Staff informed the Board that the City was recently named recipients of a $50K Grant from the
(NSF) National Science Foundation. The NSF is an institute increased public Outreach concerning
storm water infrastructure and low impact development. Phase 2 of this grant, which hasn't been
applied for yet, could be worth up to a million dollars and would be for infrastructure
construction. The Presidential Streets Project and the Phase 2 Grant would line up in a way that
the street design process would be starting around the same time that funding from the Grant
becomes available.
Discussion ensued.A motion was made by Board Member Miller and seconded by Board
Member Gentilquore to recommend to Council to consider and endorse the Presidential
Streets Master Plan. Vote on the motion carried unanimously.
3. Off-Street Parking.
Staff summarized the current situation regarding off street parking related to restaurants and
bars, to include the discussion held at the August 18, 2022 Council meeting.
Council passed (2) motions at this meeting, with the first one to place a stay on all code
enforcement actions dealing with the City's parking regulations. The second motion was to refer
2
City of Cape Canaveral, Florida
Planning and Zoning Board Meeting • October 12, 2022
Minutes • Page 3 of 4
this item back to the Planning &Zoning Board to address parking ratios for bars and
restaurants. Council is looking for recommendations on revising parking requirements. The
Board was supportive of providing a recommendation to the Council; however, discussion
included having a third-party consultant review the City's current parking requirements and
provide recommendations related to bars and restaurants.
Discussion ensued.A motion was made by Board Member Stroud and seconded by Board
Member Denny to recommend to Council to hire a consulting firm to investigate the City's
bar and restaurant parking and provide recommendations.Vote on the motion carried
unanimously.
4. Open Discussion.
Zach Eichholz gave an update that effective October 1, 2022, the Community and Economic
Development Department, now includes a Resilience Division, headed by himself and is staffed
by Lexi Miller. Its primary goal is to streamline sustainability and resilience related endeavors
and to be an interdepartmental resource.
ADJOURNMENT: ting at 7:1 M.
Approved on this day of , 2022
Lamar Russell, Chairman
Patti Roth, Board Secretary
3
Attachment 3
Kimley >) Horn
October 4, 2022
Mr. Todd Morley, City Manager
City of Cape Canaveral
P.O. Box 326
Cape Canaveral, FL 32920
Re: Proposal for Professional Services for City of Cape Canaveral —Parking Analysis
Dear Mr. Morley:
Kimley-Horn and Associates, Inc. ("Kimley-Horn" or "the Consultant") is pleased to submit this Agreement
(the"Agreement")to the City of Cape Canaveral (the"Client"or the"City")for providing professional services
for the City of Cape Canaveral Parking Analysis (Study), specifically with regards to those items identified in
the following tasks. Our project understanding, scope of services, and fees are described below.
Project Understanding
1. The City is considering review and update of certain portions of the current parking standards,
specifically with respect to commercial parking standards understood to be provided as part of Article IX
Supplementary District Regulations, Division 2 Off-Street Parking.
2. It is understood, review of the residential standards, design and construction standards including
landscaping/buffering, loading/unloading or similar are not proposed as part of this analysis.
3. The Analysis is limited to the commercial/non-residential standards and no public outreach or community
workshops are requested and/or are assumed.
4. The City is requesting Kimley-Horn present its findings to the Planning and Zoning Board and the
Commission and City Council.
Scope of Services
Kimley-Horn will perform the following specific scope of services.
TASK 1 — KICKOFF AND MEETINGS
Project Kickoff Meeting and Staff Coordination
Kimley-Horn will establish an initial project kickoff meeting with City Staff to review and discuss the study
protocols, refinements to the project approach, schedule, and deliverables. Kimley-Horn will schedule
the kick-off meeting within two (2) weeks of the Notice-To-Proceed (NTP). It is understood Kimley-Horn
will attempt to schedule this meeting and the site visit as part of a scheduled review meeting of the
Presidential Streets Master Plan.
Kimley-Horn will coordinate and attend the following two (2) meetings with the City as part of this task,
in addition to regularly scheduled project team meetings:
• Initial staff kick-off meeting.
• Bi-weekly update meetings (virtually) with staff assuming up to five (5) meetings with staff.
kimley-horn.com 1777 Main Street, Suite 200, Sarasota, FL 34236 941 379 7600
Kimley }>) Horn
City of Cape Canaveral,
October 4, 2022, Page 2
TASK 2—DATA COLLECTION AND EVALUATION OF COMMERCIAL PARKING ORDINANCE
Kimley-Horn will utilize assessments and information based on its development of similar parking
standards/codes for municipalities in the evaluation of the Commercial Parking Ordinance. Kimley-Horn will
also study precedent Commercial Parking Ordinances enacted by similar municipalities (up to five).
Tasks to be completed/Deliverable:
• Summary of Data Collection and Evaluation.
TASK 3—TECHNICAL MEMORANDUM DETAILING PROPOSED AMENDMENTS
Based on the findings of TASK 2, Kimley-Horn will draft a Technical Memorandum (Memo) summarizing the
proposed Commercial Parking Ordinance Amendments, with an attached Strikethrough/ Underline version of
the Ordinance and other relevant backup material. This Memo will be presented to City staff for review and
comment. Kimley-Horn will respond to up to two rounds of revisions to the draft Memo based upon staff review.
Tasks to be completed/Deliverable:
• Preparation of draft Technical Memorandum with executive summary, proposed land development
code amendments in both strikethrough/underline and clean format based on previous review,
grammatical review, and comments provided by Staff.
TASK 4—PLANNING AND ZONING BOARD
Kimley-Horn will present the Technical Memorandum and proposed Amendments in cooperation with City staff
to the Planning & Zoning Board one (1) time for review and comment at a publicly noticed hearing. The City
will be responsible for providing the meeting place and meeting advertisement/public notices.
Kimley-Horn will revise the draft Technical Memorandum and proposed Amendments one (1) time per City
directed comments based on comments received at the hearing.
Tasks to be completed/Deliverable:
• One presentation to the Planning Board for recommendation of the draft Technical Memorandum
and proposed Amendments.
TASK 5 - CITY COMMISSION HEARING
Kimley-Horn will present the final Technical Memorandum and proposed Amendments in cooperation with
City staff to the City Commission for review and adoption at a publicly noticed hearing. The City will be
responsible for providing the meeting place and meeting advertisement/public notices.
Tasks to be completed/Deliverable:
• One (1) presentation to the City Commission for adoption of the proposed Amendments.
Additional Services
Any services not specifically provided for in the above scope of services, as well as any changes in the
scope of services the Client requests, will be considered additional services and will be performed at our
then current hourly rates. Additional services we can provide include, but are not limited to, the following:
1. Attendance at additional meetings and public hearings beyond those identified above.
kimley-horn.com 1777 Main Street, Suite 200, Sarasota, FL 34236 941 379 7600
Kimley }>) Horn
City of Cape Canaveral,
October 4, 2022, Page 3
2. Review and update of the Residential Parking Standards, design and development standards,
landscape/buffering standards or similar.
3. Data Collection such as traffic counts (tube counts),turning movement counts, operational analysis.
4. GIS database.
5. Opinion of planning costs.
6. Any services not specifically described in the above scope of services.
Information Provided by Client
1. We shall be entitled to rely on the completeness and accuracy of all information provided by the
Client or the Client's consultants or representatives. The Client shall provide all information
requested by Kimley-Horn during the project, including but not limited to the following: All information
necessary to perform our services to support this effort.
2. City GIS Data and Mapping necessary to support this effort.
Project Schedule
The schedule for the project tasks will be defined by mutual agreement with approval by the City's project
manager. It is anticipated this project will be completed by December 1, 2022.
Fees and Expenses
Kimley-Horn will perform the services in TASKS 1-5 for the total lump sum fee of $15,000. Lump sum
fees will be invoiced monthly based upon the overall percentage of services performed. Payment will be
due within 25 days of your receipt of the invoice and should include the invoice number and Kimley-Horn
project number.
Closure
In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the
attached Standard Provisions, which are incorporated by reference. As used in the Standard Provisions,
"Consultant" shall refer to Kimley-Horn and Associates, Inc., and "Client" shall refer to City of Cape
Canaveral.
Kimley-Horn, in an effort to expedite invoices and reduce paper waste, submits invoices via email in an
Adobe PDF format. We can also provide a paper copy via regular mail if requested. Please include the
invoice number and Kimley-Horn project number with all payments. Please provide the following information:
Please email all invoices to invoices@cityofcapecanaveral.orci
Please copy t.morleyCc�cityofcagecanaveral.orci
If you want us to proceed with the services, please have an authorized person sign this Agreement below
and return to us. We will commence services only after we have received a fully-executed agreement. Fees
and times stated in this Agreement are valid for sixty (60) days after the date of this letter.
kimley-horn.com 1777 Main Street, Suite 200, Sarasota, FL 34236 941 379 7600
KimleyoHorn
City of Cape Canaveral,
October 4, 2022, Page 4
To ensure proper set up of your projects so that we can get started, please complete and return with the
signed copy of this Agreement the attached Request for Information. Failure to supply this information could
result in delay in starting work on your project.
We appreciate the opportunity to provide these services to you. Please contact me if you have any
questions.
Very truly yours,
B. Kelley Klepper, AICP
Vice President
BKK/smj G:\Markeling\Propose\City of Cape Canaveral\Golf Cart Study\AGR_06102022_Rev 08292022-Dickey_CapeCanaveral_Commercial Parking Analysis.docx
Attachment(s): Standard Provisions, Request for Information
Agreed this of , 2022.
CITY OF CAPE CANAVERAL
SIGNED:
PRINTED NAME:
TITLE:
Client's Federal Tax ID:
Client's Business License No.:
Client's Street Address:
kimley-horn.com 1777 Main Street, Suite 200, Sarasota, FL 34236 941 379 7600
KimleyoHorn
City of Cape Canaveral,
October 4, 2022, Page 5
Request for Information
Please return this information with your signed contract; failure to provide this information could result in
delay in starting your project
Client Identification
Full, Legal Name of Client
Mailing Address for Invoices
Contact for Billing Inquiries
Contact's Phone and e-mail
Client is (check one) Owner Agent for Owner Unrelated to
Owner
Property Identification
Parcel 1 Parcel 2 Parcel 3 Parcel 4
Street Address
County in which
Property is Located
Tax Assessor's
Number(s)
Property Owner Identification
Owner 1 Owner 2 Owner 3 Owner 4
Owner(s) Name
Owner(s) Mailing
Address
Owner's Phone No.
Owner of Which
Parcel #?
Project Funding Identification— List Funding Sources for the Project
Attach additional sheets if there are more than 4 parcels or more than 4 owners.
kimley-horn.com 1777 Main Street, Suite 200, Sarasota, FL 34236 941 379 7600
Kimley >> Horn
City of Cape Canaveral,
October 4, 2022, Page 6
KIMLEY-HORN AND ASSOCIATES, INC.
STANDARD PROVISIONS
1) Consultant's Scope of Services and Additional Services. The Consultant will perform only the services
specifically described in this Agreement. If requested by the Client and agreed to by the Consultant,the Consultant
will perform Additional Services,which shall be governed by these provisions. Unless otherwise agreed to in writing,
the Client shall pay the Consultant for any Additional Services an amount based upon the Consultant's then-current
hourly rates plus an amount to cover certain direct expenses including telecommunications, in-house reproduction,
postage, supplies, project related computer time, and local mileage. Other direct expenses will be billed at 1.15
times cost.
2) Client's Responsibilities. In addition to other responsibilities herein or imposed by law, the Client shall:
a. Designate in writing a person to act as its representative, such person having complete authority to transmit
instructions, receive information, and make or interpret the Client's decisions.
b. Provide all information and criteria as to the Client's requirements, objectives, and expectations for the project and
all standards of development, design, or construction.
c. Provide the Consultant all available studies, plans, or other documents pertaining to the project, such as surveys,
engineering data, environmental information, etc., all of which the Consultant may rely upon.
d. Arrange for access to the site and other property as required for the Consultant to provide its services.
e. Review all documents or reports presented by the Consultant and communicate decisions pertaining thereto within
a reasonable time so as not to delay the Consultant.
f. Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals and
consents from other parties as may be necessary.
g. Obtain any independent accounting, legal, insurance, cost estimating, and feasibility services required by Client.
h. Give prompt written notice to the Consultant whenever the Client becomes aware of any development that affects
the Consultant's services or any defect or noncompliance in any aspect of the project.
3) Period of Services. Unless otherwise stated herein, the Consultant will begin work after receipt of a properly
executed copy of this Agreement. This Agreement assumes conditions permitting continuous and orderly progress
through completion of the services. Times for performance shall be extended as necessary for delays or
suspensions due to circumstances that the Consultant does not control. If such delay or suspension extends for
more than six months, Consultant's compensation shall be renegotiated.
4) Method of Payment. Client shall pay Consultant as follows:
a. Invoices will be submitted periodically for services performed and expenses incurred. Payment of each invoice will
be due within 25 days of receipt. The Client shall also pay any applicable sales tax. All retainers will be held by the
Consultant and applied against the final invoice. Interest will be added to accounts not paid within 25 days at the
maximum rate allowed by law. If the Client fails to make any payment due under this or any other agreement within
30 days after the Consultant's transmittal of its invoice,the Consultant may,after giving notice to the Client,suspend
services and withhold deliverables until all amounts due are paid.
b. If the Client relies on payment or proceeds from a third party to pay Consultant and Client does not pay Consultant's
invoice within 60 days of receipt, Consultant may communicate directly with such third party to secure payment.
c. If the Client objects to an invoice, it must advise the Consultant in writing giving its reasons within 14 days of receipt
of the invoice or the Client's objections will be waived,and the invoice shall conclusively be deemed due and owing.
If the Client objects to only a portion of the invoice, payment for all other portions remains due.
d. If the Consultant initiates legal proceedings to collect payment, it may recover, in addition to all amounts due, its
reasonable attorneys' fees, reasonable experts' fees, and other expenses related to the proceedings. Such
expenses shall include the cost, at the Consultant's normal hourly billing rates, of the time devoted to such
proceedings by its employees.
e. The Client agrees that the payment to the Consultant is not subject to any contingency or condition. The Consultant
may negotiate payment of any check tendered by the Client, even if the words"in full satisfaction"or words intended
to have similar effect appear on the check without such negotiation being an accord and satisfaction of any disputed
debt and without prejudicing any right of the Consultant to collect additional amounts from the Client.
5) Use of Documents. All documents and data prepared by the Consultant are related exclusively to the services
described in this Agreement and may be used only if the Client has satisfied all of its obligations under this
kimley-horn.com 1777 Main Street, Suite 200, Sarasota, FL 34236 941 379 7600
Kimley0Horn
City of Cape Canaveral,
October 4, 2022, Page 7
Agreement. They are not intended or represented to be suitable for use or reuse by the Client or others on
extensions of this project or on any other project. Any modifications by the Client to any of the Consultant's
documents,or any reuse of the documents without written authorization by the Consultant will be at the Client's sole
risk and without liability to the Consultant, and the Client shall indemnify, defend and hold the Consultant harmless
from all claims,damages,losses and expenses,including but not limited to attorneys'fees,resulting therefrom. The
Consultant's electronic files and source code remain the property of the Consultant and shall be provided to the
Client only if expressly provided for in this Agreement. Any electronic files not containing an electronic seal are
provided only for the convenience of the Client and use of them is at the Client's sole risk. In the case of any defects
in the electronic files or any discrepancies between them and the hardcopy of the documents prepared by the
Consultant, the hardcopy shall govern.
6) Intellectual Property. Consultant may use or develop its proprietary software, patents, copyrights, trademarks,
trade secrets, and other intellectual property owned by Consultant or its affiliates ("Intellectual Property") in the
performance of this Agreement. Unless explicitly agreed to in writing by both parties to the contrary, Consultant
maintains all interest in and ownership of its Intellectual Property and conveys no interest, ownership, license to
use,or any other rights in the Intellectual Property to Client. Any enhancements of Intellectual Property made during
the performance of this Agreement are solely owned by Consultant and its affiliates.
7) Opinions of Cost. Because the Consultant does not control the cost of labor, materials, equipment or services
furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions
rendered as to costs, including but not limited to the costs of construction and materials, are made solely based on
its judgment as a professional familiar with the industry. The Consultant cannot and does not guarantee that
proposals, bids or actual costs will not vary from its opinions of cost. If the Client wishes greater assurance as to
the amount of any cost, it shall employ an independent cost estimator. Consultant's services required to bring costs
within any limitation established by the Client will be paid for as Additional Services.
8) Termination. The obligation to provide further services under this Agreement may be terminated by either party
upon seven days'written notice in the event of substantial failure by the other party to perform in accordance with
the terms hereof, or upon thirty days' written notice for the convenience of the terminating party. The Consultant
shall be paid for all services rendered and expenses incurred to the effective date of termination, and other
reasonable expenses incurred by the Consultant as a result of such termination.
9) Standard of Care. The standard of care applicable to Consultant's services will be the degree of care and skill
ordinarily exercised by consultants performing the same or similar services in the same locality at the time the
services are provided. No warranty, express or implied, is made or intended by the Consultant's performance of
services, and it is agreed that the Consultant is not a fiduciary with respect to the Client.
10) LIMITATION OF LIABILITY. In recognition of the relative risks and benefits of the Project to the Client and the
Consultant, the risks are allocated such that, to the fullest extent allowed by law, and notwithstanding any other
provisions of this Agreement or the existence of applicable insurance coverage, that the total liability, in the
aggregate, of the Consultant and the Consultant's officers, directors,employees,agents,and subconsultants to the
Client or to anyone claiming by, through or under the Client, for any and all claims, losses, costs or damages
whatsoever arising out of or in any way related to the services under this Agreement from any causes, including but
not limited to, the negligence, professional errors or omissions, strict liability or breach of contract or any warranty,
express or implied,of the Consultant or the Consultant's officers,directors,employees,agents,and subconsultants,
shall not exceed twice the total compensation received by the Consultant under this Agreement or $50,000,
whichever is greater. Higher limits of liability may be negotiated for additional fee. This Section is intended solely
to limit the remedies available to the Client or those claiming by or through the Client, and nothing in this Section
shall require the Client to indemnify the Consultant.
11) Mutual Waiver of Consequential Damages. In no event shall either party be liable to the other for any
consequential, incidental, punitive, or indirect damages including but not limited to loss of income or loss of profits.
12) Construction Costs. Under no circumstances shall the Consultant be liable for extra costs or other consequences
due to unknown conditions or related to the failure of contractors to perform work in accordance with the plans and
specifications. Consultant shall have no liability whatsoever for any costs arising out of the Client's decision to
kimley-horn.com 1777 Main Street, Suite 200, Sarasota, FL 34236 941 379 7600
KimleyoHorn
City of Cape Canaveral,
October 4, 2022, Page 8
obtain bids or proceed with construction before the Consultant has issued final, fully approved plans and
specifications. The Client acknowledges that all preliminary plans are subject to substantial revision until plans are
fully approved and all permits obtained.
13) Certifications. All requests for the Consultant to execute certificates, lender consents, or other third-party reliance
letters must be submitted to the Consultant at least 14 days prior to the requested date of execution. The Consultant
shall not be required to execute certificates, consents, or third-party reliance letters that are inaccurate, that relate
to facts of which the Consultant does not have actual knowledge, or that would cause the Consultant to violate
applicable rules of professional responsibility.
14) Dispute Resolution. All claims arising out of this Agreement or its breach shall be submitted first to mediation in
accordance with the American Arbitration Association as a condition precedent to litigation.
15) Hazardous Substances and Conditions. Consultant shall not be a custodian, transporter, handler, arranger,
contractor,or remediator with respect to hazardous substances and conditions. Consultant's services will be limited
to analysis, recommendations, and reporting, including, when agreed to, plans and specifications for isolation,
removal, or remediation. The Consultant will notify the Client of unanticipated hazardous substances or conditions
of which the Consultant actually becomes aware. The Consultant may stop affected portions of its services until
the hazardous substance or condition is eliminated.
16) Construction Phase Services.
a. If the Consultant prepares construction documents and the Consultant is not retained to make periodic site visits,
the Client assumes all responsibility for interpretation of the documents and for construction observation, and the
Client waives any claims against the Consultant in any way connected thereto.
b. The Consultant shall have no responsibility for any contractor's means, methods,techniques,equipment choice and
usage, sequence, schedule, safety programs, or safety practices, nor shall Consultant have any authority or
responsibility to stop or direct the work of any contractor. The Consultant's visits will be for the purpose of
endeavoring to provide the Client a greater degree of confidence that the completed work of its contractors will
generally conform to the construction documents prepared by the Consultant. Consultant neither guarantees the
performance of contractors,nor assumes responsibility for any contractor's failure to perform its work in accordance
with the contract documents.
c. The Consultant is not responsible for any duties assigned to it in the construction contract that are not expressly
provided for in this Agreement. The Client agrees that each contract with any contractor shall state that the
contractor shall be solely responsible for job site safety and its means and methods; that the contractor shall
indemnify the Client and the Consultant for all claims and liability arising out of job site accidents;and that the Client
and the Consultant shall be made additional insureds under the contractor's general liability insurance policy.
17) No Third-Party Beneficiaries; Assignment and Subcontracting. This Agreement gives no rights or benefits to
anyone other than the Client and the Consultant, and all duties and responsibilities undertaken pursuant to this
Agreement will be for the sole benefit of the Client and the Consultant. The Client shall not assign or transfer any
rights under or interest in this Agreement, or any claim arising out of the performance of services by Consultant,
without the written consent of the Consultant. The Consultant reserves the right to augment its staff with
subconsultants as it deems appropriate due to project logistics, schedules, or market conditions. If the Consultant
exercises this right, the Consultant will maintain the agreed-upon billing rates for services identified in the contract,
regardless of whether the services are provided by in-house employees, contract employees, or independent
subconsultants.
18) Confidentiality. The Client consents to the use and dissemination by the Consultant of photographs of the project
and to the use by the Consultant of facts, data and information obtained by the Consultant in the performance of its
services. If, however, any facts, data or information are specifically identified in writing by the Client as confidential,
the Consultant shall use reasonable care to maintain the confidentiality of that material.
19) Miscellaneous Provisions. This Agreement is to be governed by the law of the State of Florida. This Agreement
contains the entire and fully integrated agreement between the parties and supersedes all prior and
contemporaneous negotiations, representations, agreements, or understandings, whether written or oral. Except
as provided in Section 1, this Agreement can be supplemented or amended only by a written document executed
by both parties. Any conflicting or additional terms on any purchase order issued by the Client shall be void and
kimley-horn.com 1777 Main Street, Suite 200, Sarasota, FL 34236 941 379 7600
KimleyoHorn
City of Cape Canaveral,
October 4, 2022, Page 9
are hereby expressly rejected by the Consultant. If Client requires Consultant to register with or use an online
vendor portal for payment or any other purpose, any terms included in the registration or use of the online vendor
portal that are inconsistent or in addition to these terms shall be void and shall have no effect on Consultant or this
Agreement. Any provision in this Agreement that is unenforceable shall be ineffective to the extent of such
unenforceability without invalidating the remaining provisions.The non-enforcement of any provision by either party
shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder
of this Agreement.
(20) PURSUANT TO FS 558.0035, EMPLOYEES OF CONSULTANT
MAY NOT BE HELD INDIVIDUALLY LIABLE FOR DAMAGES
RESULTING FROM NEGLIGENCE UNDER THIS AGREEMENT.
Rev 12/2021
kimley-horn.com 1777 Main Street, Suite 200, Sarasota, FL 34236 941 379 7600
4pCE
4)s, CITY OF
lIELCAPE CANAVERAL
CITY COUNCIL MEETING • DECEMBER 6, 2022
CITY OF AGENDA ITEM SUMMARY • ITEM #10
o•E a�•�Ewo
Subject: Award Bid for construction of Structural Buildings at the Water Reclamation Facility to
C&D Construction, Inc. of Cocoa, Florida in the amount of $1,443,700 and authorize City Manager
to execute Construction Agreement for same.
Department: Capital Projects
Summary: Staff invited qualified licensed contractors, in accordance with the City's Purchasing
Policy and Florida Statutes, to submit a bid for the construction of numerous Structural Buildings
at the Water Reclamation Facility (WRF). C&D Construction, Inc. (C&D) of Cocoa, Florida submitted
the lowest bid ($1,518,700); however, discussions with City Staff and value engineering conducted
by C&D reduces the project cost to $1,443,700, a reduction of $75,000.
Project Description: The project consists of constructing three-sided metal buildings with roofs
over selected key equipment at the WRF. A new sulfur dioxide (SO2) building will also be
constructed behind the main plant building and improvements made to the materials storage area.
The purpose of the metal buildings is to limit impacts from the elements and prolong the life of
the equipment. The specific work area locations are as follows (Attachment 1):
1. Intermediate pump
2. Return activated sludge (RAS)/waste activated sludge (WAS) pumps
3. Internal Recycle (IR) pumps
4. SO2 storage structure
5. Sludge pumps
6. Sub-standard pumps
7. Reuse pumps
8. Storage area
The metal buildings will include a metal skin covering only the roof and upper portion of the walls
to provide ventilation, access and limit water intrusion. The storage area used for bulk materials will
have separating walls up to six feet in height with no roof. These construction methods will allow
for easy access for future maintenance activities.
Firm Selection Process: Staff advertised the request for bids on August 18, 2022 by posting (1) a
legal ad in the Florida Today newspaper, (2) a notice on the City web page and (3) bid information
on Demandstar (Internet bid service). A "Bid Submittal" notation was included, which stated a
contract would be awarded pursuant to the requirements of applicable State and Federal laws and
regulations. A non-mandatory pre-bid meeting was scheduled for the project on September 1,
2022; however, no potential bidders attended the meeting.
Two contractors submitted sealed bids for the project, which were opened in City Hall Conference
Room A on October 6, 2022 (Attachment 2). Upon review of the submitted bids, Staff and the City's
consulting engineer recommend award of the bid to C&D with a revised bid amount of $1,443,700
(value engineering). A copy of a proposed Construction Agreement with C&D is included as
Attachment 3. This is the last project funded by the City's State Revolving Fund (SRF) under the
current loan agreement.
City of Cape Canaveral
City Council Meeting • December 6, 2022
Agenda Item #10
Page 2 of 2
Project Budget. The project was initially scheduled to begin in FY2021/2022; $301,500 was
included in the City's budget for a portion of the work to be performed. However, due to regulatory
delays, working with residents and slow turnaround of the bid package, the project was delayed
until FY2022/2023. The City's FY2022/2023 budget includes $750,000 for completion of the work -
a total budgeted amount of$1,051,500 over a two-year period.The low bid (with value engineering)
is $1,443,700— resulting in a budget shortfall of$392,200. However, due to (1) several previous SRF
projects completed under budget and (2) the cancellation of one project included in the SRF loan,
adequate funds are available in the City's current SRF loan to address the shortfall.
Submitting Department Director: Jeff Ratliff
Attachments:
1 — Locations Graphic
2 - Meeting Minutes
3 - Construction Agreement
Financial Impact: $1,443,700 for construction of Structural Buildings at the Water Reclamation
Facility to C&D Construction, Inc. of Cocoa, funded by a State Revolving Fund (SRF) Loan; Staff time
and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo
The City Manager recommends the City Council take the following actions: Award Bid for
construction of Structural Buildings at the Water Reclamation Facility to C&D Construction, Inc. of
Cocoa, Florida in the amount of $1,443,700 and authorize City Manager to execute Construction
Agreement for same.
Approved by City Manager: Todd Morley
Attachment 1
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Attachment 2
CITY OF CAPE CANAVERAL
Request for Bids
PUMP ENCLOSURE STRUCTURES
BID #2021-04
City of Cape Canaveral City Hall
First Floor Conference Room
100 Polk Avenue
Cape Canaveral, Florida 32920
MINUTES
Thursday
October 6, 2022
2:05 p.m.
CALL TO ORDER: Capital Projects Director Jeff Ratliff called the Meeting to order at 2:05 p.m.
Others present:
Lisa Morris, E.B. Morris General Contractors, Inc.
Curtis Deen, C & D Construction, Inc.
Tim Carlisle, Deputy Capital Project Director
Daniel LeFever, Deputy City Clerk
Mr. Ratliff proceeded to open the bids received and announced the results:
BID #2021-04- PUMP ENCLOSURE STRUCTURES:
Firm Location Bid Amount
C & D Construction, Inc. Cocoa, FL $1,518,700.00
E.B. Morris General Contractors, Inc. Ponte Vedra Beach, FL $1,776,000.00
Mr. Ratliff stated the bid submissions would be carefully reviewed, thanked those in attendance
and adjourned the meeting at 2:09 p.m.
N
" ,...,-/::/-L-----—
Daniel LeFever, Deputy City Clerk
Attachment 3
City of Cape Canaveral Structural Buildings
CONSTRUCTION AGREEMENT
This Agreement made this day of , 2022 between the CITY OF CAPE CANAVERAL,
a Florida municipal corporation(herein referred to as CITY)and C&D Construction, Inc.,a State Certified
General Construction Firm authorized and duly licensed to do business in the State of Florida (herein
referred to as CONTRACTOR), as follows:
1. DESCRIPTION OF WORK - CONTRACTOR shall perform the work, in accordance with the
Contract Documents, for the construction of structural buildings at the Water Reclamation
Facility (WRF) as set forth in the Scope of Services, attached hereto as Exhibit "A", and fully
incorporated by this reference ("Work").
2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; Exhibits and
Addendum to the Agreement; Engineering Plans and Drawings prepared by MBV Engineering,
Inc.; Bid #2022-04; Documents issued by the CITY; CONTRACTOR'S Bid Submittal; General
Conditions by the CITY; Supplemental Terms and Conditions by the CITY and Florida
Department of Environmental Protection (FDEP); and all Change Orders approved by the CITY
after execution of this Agreement.These Contract Documents are hereby incorporated into this
Contract by this reference.
3. ORDER OF PRECEDENCE - In case of any inconsistency in any of the documents bearing on
the Agreement between the CITY and the CONTRACTOR, the inconsistency shall be resolved
by giving precedence in the following order:
a. Agreement Exhibits and Addenda; CONTRACTOR'S Bid Submittal;
b. Change Orders;
c. Supplemental Terms and Conditions (CITY and FDEP);
d. General Terms and Conditions; or
e. Engineering Plans and Drawings.
Any inconsistency in the work description shall be clarified by the CITY and performed by the
CONTRACTOR.
4. AGREEMENT INTERPRETATION -At its discretion, during the course of the work, should any
errors,ambiguities or discrepancies be found in the Agreement or specifications,the CITY at its
sole discretion will interpret the intent of the Agreement and work descriptions and the
CONTRACTOR hereby agrees to abide by the CITY's interpretation and agrees to carry out the
work in accordance with the decision of the CITY. When the material, article or equipment is
designated by a brand name and more than one brand name is listed, it will be understood
that the work is based on one brand name only. The CONTRACTOR will be responsible for all
CONSTRUCTION AGREEMENT
City of Cape Canaveral Structural Buildings
coordination necessary to accommodate the material, article or equipment being provided
without additional cost to the CITY. A substitute material, article or equipment is allowed if it is
reasonably equivalent to the brand name specified. The CITY has full discretion to decide
whether a substitute is reasonably equivalent. CONTRACTOR must notify the CITY prior to use
of the substitute for a specified brand name and allow the CITY to make a determination before
CONTRACTOR uses the substitute.
5. CONTRACT TIME - The CONTRACTOR shall begin work within thirty (30) days after the
issuance of a written Notice to Proceed and shall complete the Work (substantial completion)
within calendar days. The CONTRACTOR shall complete the Work (final
completion) within calendar days from the date of the Notice to Proceed.
Extensions, if any, are authorized by CITY, and may only be granted in writing.
6. LIQUIDATED DAMAGES - CITY and CONTRACTOR recognize that time is of the essence of
this Agreement and that CITY will suffer financial loss if the Work is not substantially complete
within the time specified in Paragraph 5 above, plus any extensions thereof allowed in
accordance with the General Conditions. They also recognize the delays, expense and
difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by
CITY if the Work is not substantially completed on time. Accordingly, instead of requiring any
such proof, CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a
penalty) CONTRACTOR shall pay CITY one hundred dollars ($100.00) per day for each day that
expires after the time specified in Paragraph 5 for final completion until the work is finally
complete, and that CITY has paid to CONTRACTOR the consideration of ten ($10.00) dollars as
consideration for this provision.
7. CONTRACT PRICE. UNIT PRICE CONTRACT- The CITY will pay the CONTRACTOR in current
funds for the performance of the work, subject to additions and deductions by Change Order,
the Total Contract Price of one million four hundred forty three thousand and seven hundred
dollars ($1,443,700). Payments will be made to the CONTRACTOR for actual quantities installed
on the basis of the Schedule of Prices included as a part of the Bid,which shall be as fully a part
of the Contract as if attached or repeated herein.
8. TERMINATION; DEFAULT BY CONTRACTOR AND CITY'S REMEDIES -The CITY reserves the
right to revoke and terminate this Agreement and rescind all rights and privileges associated
with this Agreement, without penalty, for convenience. Further, the CITY reserves the right to
revoke and terminate this Agreement in the following circumstances, each of which shall
represent a default and breach of this Agreement:
a. CONTRACTOR defaults in the performance of any material covenant or condition of
this Agreement and does not cure such other default within seven (7) calendar days after
written notice from the CITY specifying the default complained of unless, however, the
nature of the default is such that it cannot, in the exercise of reasonable diligence, be
remedied within seven (7) calendar days, in which case the CONTRACTOR shall have such
CONSTRUCTION AGREEMENT
City of Cape Canaveral Structural Buildings
time as is reasonably necessary to remedy the default, provided the CONTRACTOR
promptly takes and diligently pursues such actions as are necessary therefore; or
b. CONTRACTOR is adjudicated bankrupt or makes any assignment for the benefit of
creditors or CONTRACTOR becomes insolvent, or is unable or unwilling to pay its debts; or
c. CONTRACTOR has acted negligently, as defined by general and applicable law, in
performing the Work hereunder; or
d. CONTRACTOR has committed any act of fraud upon the CITY; or
e. CONTRACTOR has made a material misrepresentation of fact to the CITY while
performing its obligations under this Agreement; or
f. CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial,
adverse impact upon performance of this Agreement without prejudice to any other right,
or remedy CITY may have under this Agreement.
Notwithstanding the aforementioned, in the event of a default by CONTRACTOR,the CITY shall
have the right to exercise any other remedy the CITY may have by operation of law, without
limitation, and without any further demand or notice. In the event of such termination, CITY
shall be liable only for the payment of all unpaid charges, determined in accordance with the
provisions of this Agreement, for Work properly performed prior to the effective date of
termination.
9. FORCE MAJEURE - Any delay or failure of either party in the performance of its required
obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood;
windstorm;explosion; riot;war;sabotage;strikes(except involving CONTRACTOR'S labor force);
extraordinary breakdown of or damage to CITY'S affiliates' generating plants, their equipment
or facilities; court injunction or order; federal and/or state law or regulation; order by any
regulatory agency; or cause or causes beyond the reasonable control of the party affected;
provided that prompt notice of such delay is given by such party to the other and each of the
parties hereunto shall be diligent in attempting to remove such cause or causes. If any
circumstance of Force Majeure remains in effect for sixty days, either party may terminate this
Agreement.
10. SEVERABILITY- In the event any portion or part thereof of this Agreement is deemed invalid,
against public policy,void or otherwise unenforceable by a court of law,the parties, at the sole
discretion and option of the CITY, shall negotiate an equitable adjustment in the affected
provision of this Agreement. The validity and enforceability of the remaining parts of this
Agreement shall otherwise be fully enforceable
11. PROGRESS PAYMENTS -CITY shall make progress payments on account of the contract price
to CONTRACTOR, on the basis of application for payments submitted to the CITY or CITY's
CONSTRUCTION AGREEMENT
City of Cape Canaveral Structural Buildings
Project Manager,by CONTRACTOR as the work progresses and in accordance with the Contract
Documents.
Progress payments may be withheld if:
a. Work is found defective and not remedied;
b. CONTRACTOR does not make prompt and proper payments to subcontractors;
c. CONTRACTOR does not make prompt and proper payments for labor, materials, or
equipment furnished him;
d. Another Contractor is damaged by an act for which CONTRACTOR is responsible;
e. Claims or liens are filed on the job; or
f. In the opinion of the City of Cape Canaveral, CONTRACTOR'S work is not progressing
satisfactorily.
12. FINAL PAYMENT- CITY shall withhold up to 10%of the Contract Price throughout the project
in accordance with the Local Government Prompt Payment Act ("Act"). After 50% completion
of the project, CITY shall reduce to 5% the amount of the retainage withheld from each
subsequent progress payment made to the CONTRACTOR unless the project is subject to
Federal funding, in whole or in part, and the project is subject to laws and regulations contrary
to the Act. The term "50% completion of the project" shall mean the point at which the CITY
has expended 50% of the total cost of the construction services purchased under this
Agreement together with all costs associated with existing change orders and other additions
or modifications to the construction services provided for in this Agreement. After 50%
completion, the CONTRACTOR may present to the CITY a payment request for up to one-half
of the retainage held by the CITY. CITY shall promptly make payment to the CONTRACTOR
unless the CITY has grounds, under the Act, for withholding the payment of the retainage. The
remaining retainage amount withheld shall be released with the Final Payment after the
issuance of the Final Completion Certificate. CITY shall make final payment to CONTRACTOR
within thirty (30) days after the work is fully and properly completed, if the contract has been
fully and timely performed, but subject to the condition that final payment shall not be due
until CONTRACTOR has delivered to CITY a complete release of liens arising out of the contract,
or receipt of releases of lien fully covering all labor, materials and equipment for which a lien
could be filed, or in the alternative a bond satisfactory to CITY indemnifying him against such
claims.
By making payments,CITY does not waive claims including but not limited to those relating to:
a. Faulty work appearing after substantial completion has been granted;
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City of Cape Canaveral Structural Buildings
b. Work that does not comply with the Contract Documents;
c. Outstanding claims of liens; or
d. Failure of CONTRACTOR to comply with any special guarantees required by the
Contract Documents.
13. DESIGNATION OF PROJECT MANAGER OR ARCHITECT OR LANDSCAPE ARCHITECT:
DUTIES AND AUTHORITY- The duties and authority of the CITY are as follows:
a. General Administration of Contract. The primary function of the CITY is to provide
the general administration of the contract. In performance of these duties,Jeff Ratliff or his
authorized representative is the CITY's Project Manager during the entire period of
construction. The CITY may change the Project Manager during the term of this contract.
b. Inspections,Opinions,and Progress Reports.The CITY shall be kept familiar with the
progress and quality of the work by CONTRACTOR and may make periodic visits to the
work site. The CITY will not be responsible for the means of construction, or for the
sequences, methods and procedures used therein, or for the CONTRACTOR'S failure to
perform the work in accordance with the Contract Documents.
c. Access to Worksite for Inspections.The CITY shall be given free access to the worksite
at all times during work preparation and progress.The Project Manager is not obligated to
make exhaustive or continuous onsite inspections to perform his duties of checking and
reporting on work progress,and any such inspections shall not waive CITY's claim regarding
defective work by CONTRACTOR.
d. Interpretation of Contract Documents: Decisions on Disputes.The CITY will be the
initial interpreter of the contract document requirements, and make decisions on claims
and disputes between CONTRACTOR and CITY.
e. Rejection and Stoppage of Work. The CITY shall have authority to reject work which
in its opinion does not conform to the Contract Documents, and in this connection may
stop the work or a portion thereof,when necessary.
f. Payment Certificates. The CITY will determine the amounts owing to CONTRACTOR
as the work progresses, based on CONTRACTOR'S applications and CITY's inspections and
observations, and will issue certificates for progress payments and final payments in
accordance with the terms of the Contract Documents.
14. PROGRESS MEETING — CITY's Project Manager may hold periodic progress meetings on a
monthly basis,or more frequently if required by the CITY, during the term of work entered into
under this Agreement. CONTRACTOR'S Project Manager and all other appropriate personnel
shall attend such meetings as designated by the CITY's Project Manager.
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City of Cape Canaveral Structural Buildings
15. RESPONSIBILITIES OF CONTRACTOR- CONTRACTOR's duties and rights in connection with
the project herein are as follows:
a. Responsibility for Supervision and Construction. CONTRACTOR shall be solely
responsible for all construction under this contract, including the techniques, sequences,
procedures and means,for the coordination of all work.CONTRACTOR shall supervise and
direct the work,and give it all attention necessary for such proper supervision and direction.
b. Discipline and Employment. CONTRACTOR shall maintain at all times strict discipline
among his employees, and he agrees not to employ for work on the project any person
unfit or without sufficient skill to perform the job for which he was employed.
c. Furnishing of Labor. Materials.etc.CONTRACTOR shall provide and pay for all labor,
materials and equipment, including tools, construction equipment and machinery, utilities,
including water, transportation, and all other facilities and work necessary for the proper
completion of work on the project in accordance with the Contract Documents.
d. Payment of Taxes: Procurement of Licenses and Permits. CONTRACTOR shall
secure all licenses and permits necessary for proper completion of the work, paying the
fees thereof. CONTRACTOR warrants that it (and subcontractors or tradesmen, if
authorized in the Contract Documents) hold or will secure all trade or professional licenses
required by law for CONTRACTOR to undertake the contract work.
e. CONTRACTOR will provide written guarantee for work and materials for one (1)
calendar year after acceptance by CITY.
16. ASSIGNMENT - CONTRACTOR shall not assign or subcontract this Agreement, or any rights
or any monies due or to become due hereunder without the prior,written consent of the CITY.
a. If upon receiving written approval from CITY, any part of this Agreement is
subcontracted by CONTRACTOR, CONTRACTOR shall be fully responsible to CITY for all
acts and/or omissions performed by the subcontractor as if no subcontract had been made.
b. If CITY determines that any subcontractor is not performing in accordance with this
Agreement, CITY shall so notify CONTRACTOR who shall take immediate steps to remedy
the situation.
c. If CONTRACTOR, prior to the commencement of any Work subcontracts any part of
this Agreement by the subcontractor, CONTRACTOR shall require the subcontractor to
provide CITY and its affiliates with insurance coverage as set forth by the CITY.
17. THIRD PARTY RIGHTS - Nothing in this Agreement shall be construed to give any rights or
benefits to anyone other than CITY and CONTRACTOR.
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City of Cape Canaveral Structural Buildings
18. PROHIBITION AGAINST CONTINGENT FEES - CONTRACTOR warrants that it has not
employed or retained any company or person,other than a bona fide employee working solely
for the CONTRACTOR,to solicit or secure this Agreement, and that it has not paid or agreed to
pay any person, company, corporation, individual, or firm, other than a bona fide employee
working solely for the CONTRACTOR, any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this Agreement.
19. NO JOINT VENTURE - Nothing herein shall be deemed to create 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 party.
20. INDEMNIFICATION — For other and additional good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, the CONTRACTOR shall indemnify, hold
harmless and defend the CITY, its officers, agents, officials, representatives, employees, and/or
attorneys against any and all liability, loss, cost, damages, expenses, claim or actions, of
whatever type, including but not limited to attorney's fees and suit costs, for trial and appeal,
which the CITY may hereafter sustain, incur or be required to pay, arising out of, wholly or in
part, or due to any act or omission of CONTRACTOR, its agent(s), vendors, contractors,
subcontractor(s), representatives, servants or employees in the execution, performance or non-
performance or failure to adequately perform CONTRACTOR's obligations pursuant to this
Agreement.
The indemnification provided above shall obligate the indemnifying party to defend at its own
expense or to provide for such defense, at the sole option of the CITY, as the case may be, of
any and all claims of liability and all suits and actions of every name and description that may
be brought against the CITY, its officers, agents, officials, representatives, employees, and/or
attorneys which may result from the services under this Agreement whether the services be
performed by the indemnifying party or anyone directly or indirectly employed or hired by
them. In all events the CITY shall be permitted to choose legal counsel of its sole choice, the
fees for which shall be subject to and included with this indemnification provided herein, as
long as said fees are reasonable. This paragraph shall survive termination of this Agreement.
21. SAFETY- CONTRACTOR shall be solely and absolutely responsible and assume all liability for
the safety and supervision of its principals, employees, contractors, and agents while
performing work provided hereunder.
22. CORPORATE REPRESENTATIONS BY CONTRACTOR-CONTRACTOR hereby represents and
warrants to the CITY the following:
a. CONTRACTOR is duly registered and licensed to do business in the State of Florida and
is in good standing under the laws of Florida,and is duly qualified and authorized to carry
on the functions and operations set forth in this Agreement.
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City of Cape Canaveral Structural Buildings
b. The undersigned signatory for CONTRACTOR has the power, authority, and the legal
right to enter into and perform the obligations set forth in this Agreement and all
applicable exhibits thereto, and the execution, delivery, and performance hereof by
CONTRACTOR has been duly authorized by the board of directors and/or president of
CONTRACTOR. In support of said representation,CONTRACTOR agrees to provide a copy
to the CITY of a corporate certificate of good standing provided by the State of Florida
prior to the execution of this Agreement.
c. CONTRACTOR is duly licensed under all local,state and federal laws to provide the work
stated in paragraph 1.0 herein. In support of said representation,CONTRACTOR agrees to
provide a copy of all said licenses to the CITY prior to the execution of this Agreement.
23. BOND - CONTRACTOR shall supply a materials, performance and payment bond(s) in form
approved by the CITY's City Attorney and in accordance with Florida law and in an amount
specified in the Contract Documents.
24. INSURANCE - During the term of this Agreement, CONTRACTOR shall be responsible for
providing the types of insurance and limits of liability as set forth below.
a. The CONTRACTOR shall maintain comprehensive general liability insurance in the
minimum amount of$2,000,000 as the combined single limit for each occurrence to protect
the CONTRACTOR from claims of property damages which may arise from any Work
performed under this Agreement whether such Work is performed by the CONTRACTOR
or by anyone directly employed by or contracting with the CONTRACTOR.
b. The CONTRACTOR shall maintain comprehensive automobile liability insurance in the
minimum amount of $1,000,000 combined single limit bodily injury and minimum
$1,000,000 property damage as the combined single limit for each occurrence to protect
the CONTRACTOR from claims for damages for bodily injury, including wrongful death, as
well as from claims from property damage, which may arise from the ownership, use, or
maintenance of owned and non-owned automobiles, including rented automobiles
whether such operations be by the CONTRACTOR or by anyone directly or indirectly
employed by the CONTRACTOR.
c. The CONTRACTOR shall maintain,during the life of this Agreement,adequate Workers'
Compensation Insurance in at least such amounts as are required by law and Employer's
Liability Insurance in the minimum amount of$2,000,000 for all of its employees performing
Work for the CITY pursuant to this Agreement.
Special Requirements. Current, valid insurance policies meeting the requirements herein
identified shall be maintained during the term of this Agreement.A copy of a current Certificate
of Insurance shall be provided to the CITY by CONTRACTOR upon the Effective Date of this
Contract which satisfies the insurance requirements of this paragraph 24. Renewal certificates
CONSTRUCTION AGREEMENT
City of Cape Canaveral Structural Buildings
shall be sent to the CITY 30 days prior to any expiration date. There shall also be a 30-day
advance written notification to the CITY in the event of cancellation or modification of any
stipulated insurance coverage. The CITY shall be an additional named insured on all
stipulated insurance policies as its interest may appear, from time to time, excluding
workers'compensation and professional liability policies.
Independent Associates and Consultants. All independent contractors or agents employed
by CONTRACTOR to perform any Work hereunder shall fully comply with the insurance
provisions contained in this paragraph section 24.
25. MEDIATIONNENUE - The parties agree that should any dispute arise between them
regarding the terms or performance of this Agreement, both parties will participate in
mediation. The parties agree to equally share the cost of the mediator. Should the parties fail
to resolve their differences through mediation, then any cause of action filed hereunder shall
be filed in the Circuit or County Court for Brevard County, Florida.
26. GOVERNING LAW & VENUE - This Agreement is made and shall be interpreted, construed,
governed, and enforced in accordance with the laws of the State of Florida.Venue for any state
action or litigation shall be Brevard County, Florida. Venue for any federal action or litigation
shall be Orlando, Florida.
27. ATTORNEY'S FEES - Should either party bring an action to enforce any of the terms of this
Agreement, the prevailing party shall be entitled, to the extent permitted by law, to recover
from the non-prevailing party the costs and expenses of such action including, but not limited
to, reasonable attorney's fees, whether at settlement, trial or on appeal.
28. NOTICES - Any notice or approval under this Contract shall be sent, postage prepaid, to the
applicable party at the address shown on page 9 of this Agreement.
29. WORK IS A PRIVATE UNDERTAKING - With regard to any and all Work performed
hereunder, it is specifically understood and agreed to by and between the parties hereto that
the contractual relationship between the CITY and CONTRACTOR is such that the
CONTRACTOR is an independent contractor and not an agent of the CITY.The CONTRACTOR,
its contractors, partners, agents, and their employees are independent contractors and not
employees of the CITY. Nothing in this Agreement shall be interpreted to establish any
relationship other than that of an independent contractor, between the CITY,on one hand,and
the CONTRACTOR, its contractors, partners, employees, or agents, during or after the
performance of the Work under this Agreement.
30. DOCUMENTS - Public Records: Pursuant to Section 119.0701, Florida Statutes and other
applicable public records laws, CONTRACTOR agrees that any records, documents,
transactions, writings, papers, letters, computerized information and programs, maps, books,
audio or video tapes,films,photographs,data processing software,writings or other material(s),
regardless of the physical form, characteristics or means of transmission, of CONTRACTOR
CONSTRUCTION AGREEMENT
City of Cape Canaveral Structural Buildings
related, directly or indirectly, to the services provided to the CITY under this Agreement and
made or received pursuant to law or ordinance or in connection with the transaction of official
business by the CITY, may be deemed to be a public record, whether in the possession or
control of CITY or the CONTRACTOR. Said records, documents, transactions, writings, papers,
letters, computerized information and programs, maps, books, audio or video tapes, films,
photographs, data processing software,writings or other material(s), regardless of the physical
form, characteristics or means of transmission of CONTRACTOR are subject to the provisions
of Chapter 119, Florida Statutes, and may not be destroyed without the specific written
approval of the CITY's designated custodian of public records.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES,TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC
RECORDS/CITY CLERK AT (321) 868-1220, 100 POLK AVENUE, CAPE CANAVERAL,
FLORIDA 32920.
CONTRACTOR is required to and agrees to comply with public records laws. CONTRACTOR
shall keep and maintain all public records required by CITY to perform the services as agreed
to herein. CONTRACTOR shall provide the CITY, upon request from the CITY CLERK, copies
of the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided by law. CONTRACTOR shall ensure that
public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law for the duration of the Agreement
term. Upon completion of the Agreement,CONTRACTOR shall transfer to CITY, at no cost, all
public records in possession of the CONTRACTOR, provided the transfer is requested in
writing by the City Clerk. Upon such transfer,CONTRACTOR shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements. However, if the City Clerk does not request that the public records be
transferred, the CONTRACTOR shall continue to keep and maintain the public records upon
completion of the Agreement and shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to CITY, upon request from the
City Clerk, in a format that is compatible with the information technology systems of CITY.
Should the CITY not possess public records relating to this Agreement which are requested to
be inspected or copied by the CITY or any other person, the CITY shall immediately notify
CONTRACTOR of the request and the CONTRACTOR shall then provide such records to the
CITY or allow the records to be inspected or copied within a reasonable time. If the
CONTRACTOR does not comply with a public records request, the CITY may enforce this
Section to the extent permitted by law. CONTRACTOR acknowledges that if the
CONTRACTOR does not provide the public records to the CITY within a reasonable time, the
CONTRACTOR may be subject to penalties under Section 119.10, Florida Statutes. The
CONTRACTOR acknowledges that if a civil action is filed against the CONTRACTOR to compel
production of public records relating to this Agreement, the court may assess and award
against CONTRACTOR the reasonable costs of enforcement, including reasonable attorney
fees.All public records in connection with this Agreement shall,at any and all reasonable times
CONSTRUCTION AGREEMENT
City of Cape Canaveral Structural Buildings
during the normal business hours of the CONTRACTOR, be open and freely exhibited to the
CITY for the purpose of examination, audit or otherwise. Failure by CONTRACTOR to grant
such public access and comply with public records laws and/or requests shall be grounds for
immediate unilateral cancellation of this Agreement by the CITY upon delivery of a written
notice of cancellation. If the CONTRACTOR fails to comply with this Section,and the CITY must
enforce this Section, or the CITY suffers a third party award of attorney's fees and/or damages
for violating Chapter 119, Florida Statutes, due to CONTRACTOR's failure to comply with this
Section, the CITY shall collect from CONTRACTOR prevailing party attorney's fees and costs,
and any damages incurred by the CITY,for enforcing this Section against CONTRACTOR.And,
if applicable, the CITY shall also be entitled to reimbursement of all attorneys' fees and
damages which the CITY had to pay a third party because of the CONTRACTOR's failure to
comply with this Section. The terms and conditions set forth in this Section shall survive the
termination of this Agreement.
31. SOVEREIGN IMMUNITY - Notwithstanding any other provision set forth in this Agreement,
nothing contained in this Agreement shall be construed as a waiver of the CITY's right to
sovereign immunity under Section 768.28, or other limitations imposed on the CITY's potential
liability under state or federal law. As such, the CITY shall not be liable, under this Agreement
for punitive damages or interest for the period before judgment. Further,the CITY shall not be
liable for any claim or judgment, or portion thereof, to any one person for more than two
hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which,
when totaled with all other claims or judgments paid by the State or its agencies and
subdivisions arising out of the same incident or occurrence, exceeds the sum of three hundred
thousand dollars ($300,000.00).
32. HEADINGS - Paragraph headings are for the convenience of the parties only and are not to be
construed as part of this Agreement.
33. INTEGRATION: MODIFICATION - The drafting, execution, and delivery of this Agreement by
the Parties has been induced by no representations, statements, warranties, or agreements
other than those expressed herein. This Agreement embodies the entire understanding of the
parties, and there are no further or other agreements or understandings, written or oral, in
effect between the parties relating to the subject matter hereof unless expressly referred to
herein. Modifications of this Agreement shall only be made in writing signed by both parties.
34. WAIVER AND ELECTION OF REMEDIES - Waiver by either party of any terms or provision of
this Agreement shall not be considered a waiver of that term, condition, or provision in the
future. No waiver, consent, or modification of any of the provisions of this Agreement shall be
binding unless in writing and signed by a duly authorized representative of each party hereto.
This Agreement may be executed in any number of counterparts, each of which when so
executed and delivered shall be considered an original agreement; but such counterparts shall
together constitute but one and the same instrument.
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City of Cape Canaveral Structural Buildings
35. DRAFTING - CITY and CONTRACTOR each represent that they have both shared equally in
drafting this Agreement and no party shall be favored or disfavored regarding the
interpretation of this Agreement in the event of a dispute between the parties.
36. NOTICE - Any notice, request, instruction, or other document to be given as part of this
Agreement shall be in writing and shall be deemed given under the following circumstances:
when delivered in person; or three (3) business days after being deposited in the United States
Mail, postage prepaid, certified or registered; or the next business day after being deposited
with a recognized overnight mail or courier delivery service; or when transmitted by facsimile
or telecopy transmission, with receipt acknowledged upon transmission; and addressed as
follows (or to such other person or at such other address, of which any party hereto shall have
given written notice as provided herein):
For City: For Contractor:
City of Cape Canaveral
Todd Morley, City Manager
100 Polk Avenue
Cape Canaveral, FL 32920
Phone: 321-868-1220 Phone:
Fax: 321-868-1248 Fax:
Either party may change the notice address by providing the other party written notice of the
change.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year first above written.
CONTRACTOR:
WITNESSES:
By:
Print Name: Print Name:
Title:
Print Name:
CONSTRUCTION AGREEMENT
City of Cape Canaveral Structural Buildings
CITY:
City of Cape Canaveral, Florida,
a Florida municipal corporation.
Attest: By:
Todd Morley, City Manager
By:
Mia Goforth, City Clerk
Date:
CONSTRUCTION AGREEMENT
44ACE 4%q
s4, CITY OF
;1 r CAPE CANAVERAL
.41
CITY COUNCIL MEETING • DECEMBER 6, 2022
CITY OF AGENDA ITEM SUMMARY• ITEM #11
CAPE CANAVERAL
Subject: Discuss and provide direction to Florida Department of Transportation (FDOT) regarding
design considerations for State Road (SR) A1A in Cape Canaveral.
Department: Community and Economic Development
Summary: At its Regular Meeting on August 16, 2022, the City Council approved Resolution No.
2022-16 (Attachment 1), which supported the goals of previous iterations of the City's SR A1A
Resolutions, along with establishing official opposition to a proposed modern roundabout at the
SR Al A/North Atlantic Avenue/realigned International Drive intersection. Mayor Morrison and City
Manager Morley subsequently met with Jack Adkins, District 5 Director of Transportation
Development, on September 1, 2022 to discuss how to move forward. FDOT has stated it is working
diligently to provide as many of the Resolution's priority items as possible, including curb and
gutter, mid-block crossings with refuge islands, and pedestrian hybrid beacons.
At its September 21, 2022 Regular Meeting, City Council briefly discussed this Item and, due to time
constraints, reached consensus to hold a Workshop Meeting regarding this item. Additionally, at
its Regular Meeting on October 18, 2022, the City Council approved Resolution No. 2022-27,
adopting the Space Coast Transportation Planning Organizations goal of Vision Zero, advocating
that no loss of life is acceptable on City streets, and rededicating the City's commitment to safe
roadways for all.
During the November 1, 2022 Regular Meeting, City Council discussed the item presented and
received feedback in the form of public comments. Based on the discussion between Council
Members and comments from the public, City Council directed Staff to request from FDOT
additional graphics to better understand the design impacts to the roadway, as well as FDOT District
5's presence at the December 6, 2022 Council meeting if possible.
Based on the most recent Council direction, FDOT provided updated aerials of Alternatives 1 and
2, attached herein. From FDOT's correspondence, it is important to note that these graphics are
conceptual only, and that the exact location and placement of raised islands or turn accesses cannot
be confirmed until further into design.
The City's understanding of FDOT's current plan:
The International Drive Realignment Project is currently funded for construction beginning in 2026
and the design will be revised from a modern roundabout to a signalized intersection. This
realignment project will need to include curb and gutter. In order to reduce wasteful re-work in the
future, the dimension from the west side curb & gutter to the east side curb & gutter is currently a
critical design consideration for FDOT and needs to be determined in the very near future. The
curb-to-curb dimension affects design capabilities for the future medians, sidewalks, and cycle
tracks.
FDOT provided a graphic comparing Conceptual Roadway Options (Attachment 2), which details:
1. The current condition.
2. Alternative 1 (Attachment 3), which provides:
City of Cape Canaveral
City Council Meeting • December 6, 2022
Agenda Item #11
Page 2 of 2
o Curb-to-curb dimension: 54 ft.
o Medians: landscape medians only at pedestrian crossings. The remainder of
the corridor would remain as a bi-directional turn lane.
o 40 mph speed limit.
o Bicycles and pedestrians: a separated 5 ft. cycle track (asphalt) and a
separated 5 ft. sidewalk (concrete).
o Minimal landscaping.
3. Alternative 2 (Attachment 4), which provides:
o Curb-to-curb dimension: 59.5 ft.
o Medians: landscape medians throughout the corridor (no bi-directional
turning lanes).
o 40 mph speed limit.
o Bicycles and pedestrians:a 9 ft.wide area for combined bicycle and pedestrian
traffic.
o Improved, low-level landscaping.
FDOT additionally provided a conceptual design of a signalized and realigned International
Drive/North Atlantic Avenue intersection (Attachment 5) and requested City Council provide
direction by selecting either Alternative 1 or Alternative 2 and providing any other comments.
Submitted by: David Dickey
Attachments:
1) Resolution No. 2022-16
2) Conceptual Roadway Options Comparison
3) Alternative 1 Conceptual Aerial
4) Alternative 2 Conceptual Aerial
5) Conceptual design of a signalized, realigned intersection of International Drive and North
Atlantic Avenue
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director:
The City Manager recommends the City Council take the following action:
Discuss and provide direction to Florida Department of Transportation (FDOT) regarding design
considerations for State Road (SR) A1A in Cape Canaveral.
Approved by City Manager:
Attachment 1
RESOLUTION NO. 2022-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA; MODIFYING AND
UPDATING THE CITY'S LIST OF STATE ROAD A1A
IMPROVEMENT PRIORITIES; REQUESTING THE FLORIDA
DEPARTMENT OF TRANSPORTATION PROVIDE AN UPDATED
TRAFFIC STUDY FOR THE PORTION OF STATE ROAD A1A
LOCATED WITHIN THE CITY OF CAPE CANAVERAL; PROVIDING
FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the Florida Department of Transportation ("FDOT"), the Space Coast
Transportation Planning Organization ("SCTPO") and the AlA Action Team, which consists of a
group of organizations, businesses and residents along the State Road (SR)AlA Corridor, seek to
address multimodal transportation along SR AlA from the Pineda Causeway (SR 404) to SR 528
in the City of Cape Canaveral; and
WHEREAS, a recent widely published report titled Dangerous by Design (2079) by Smart
Growth America ("Report") ranked the Space Coast Area as the third most dangerous metro area
for pedestrians in the United States; and
WHEREAS, the findings contained in the Report provide that policies and funding
mechanisms that have been in place for decades have created designs that make streets more
unsafe because such policies and funding mechanisms continue to prioritize moving vehicles
quickly and efficiently over public safety for all people especially pedestrians, bicyclists and other
users of multimodal transportation options; and
WHEREAS, the City Council continues to strongly emphasize, as a matter of local policy,
that bicycle, multimodal and pedestrian safety/connectivity throughout the SR AlA corridor be
given more consideration and emphasis to address the public safety needs of all people required
to use SR AlA for transportation and connectivity within the City of Cape Canaveral; and
WHEREAS, based on public concerns and experience expressed to the City over the years,
the City Council believes that any future designs for SR Al A improvements must encourage safer,
slower driving speeds to improve public safety on SR Al A; and
WHEREAS, the City Council desires to transform SR AlA into a safe, more resilient, and
efficient multimodal corridor that connects and supports the economic viability of the City of Cape
Canaveral and is also aesthetically pleasing while providing a sense of community through
innovation, design, safety and connectivity; and
WHEREAS, the City Council intends to streamline development of feasible improvement
strategies to address locally identified transportation, community planning and urban design
issues such as corridor beautification, way-finding signage, undergrounding of utilities, traffic
calming devices, pedestrian and bicycle facility enhancements, improved transit service,
intersection improvements and other infrastructure improvements; and
City of Cape Canaveral
Resolution 2022-16
Page 1 of 3
WHEREAS, the City Council desires to promote the safety, efficiency, innovation, design,
connectivity and aesthetics of the SR A1A corridor and has prioritized the City's desired
improvements related to that portion of the SR A1A corridor located within the City; and
WHEREAS, on July 15th, 2014 the City Council approved Resolution No. 2014-22
approving the City's initial list of SR A1A Improvement Priorities, and said list was modified and
updated by Resolution No. 2015-06 which was approved by the City Council on May 19, 2015, by
Resolution No. 2018-01 which was approved by the City Council on February 20, 2018, and again
by Resolution No. 2019-01 on March 19, 2019; and
WHEREAS, the City Council recognizes that circumstances continue to change since the
City last updated its list of SR A1A Improvement Priorities including receipt by the City and its
citizens of a presentation by FDOT of alternative preliminary designs for SR A1A improvements,
and therefore, the City Council desires to modify and update its list of SR A1A Improvement
Priorities and take a position on the alternative design plans related to a proposed roundabout;and
WHEREAS, particularly, the City Council is aware of an increase in City-wide bicycle
ridership and pedestrian activity that requires the City to continue to promote and prioritize safe
and attractive bicycle and pedestrian crossings and amenities along SR A1A; and
WHEREAS, the City Council is also aware of current and on-going positive growth
projections for the Space Industry, Port Canaveral, and tourism within the Cape Canaveral area
and this projected positive growth requires that the City Council promote and prioritize safety
enhancements to SR A1A consistent with the City's ongoing branding initiative and strategic vision
for the Cape Canaveral Community; and
WHEREAS,the City Council acknowledges and appreciates that some efforts are currently
being made by FDOT and SCTPO on the Long Point Road-to-George King Boulevard Curb and
Gutter Design Project and the International Drive Realignment Design Project which should provide
some local improvement consistent with the concerns and priorities expressed by the City Council
in this Resolution; and
WHEREAS, in order to manage the positive growth projections anticipated within the City
of Cape Canaveral and surrounding area, the City Council desires FDOT to provide an updated
traffic study for that portion of the SR A1A corridor located within the City of Cape Canaveral,
where such traffic study accounts for the increase in bicycle ridership and pedestrian activity, on-
going growth projections for the Space Industry/Port Canaveral/tourism including seasonal
variations to be used to plan and guide future development projects within the City.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral,
Florida:
Section 1. Recitals. The foregoing recitals contained in the preamble to this Resolution are
incorporated by reference herein.
Section 2. Approval of SR AlA Priorities. The City Council of the City of Cape Canaveral
hereby approves a modified list of the City's priorities for improvements to that portion of SR A1A
City of Cape Canaveral
Resolution 2022-16
Page 2 of 3
within the City of Cape Canaveral, as attached hereto and incorporated herein by reference as
Exhibit "A".
Section 3. Request for Updated Traffic Study. The City Council of the City of Cape
Canaveral hereby requests FDOT coordinate with the City to periodically provide updated traffic
study information for that segment of SR A1A located within the City of Cape Canaveral in order
to provide meaningful data to be used in planning future SR A1A improvements, addressing
bicycle ridership and pedestrian activities, safety and uses, on-going growth projections for the
Space Industry/Port Canaveral/tourism including seasonal variations to be used to plan and guide
future development projects within the City.
Section 4. Repeal of Prior Inconsistent Resolutions. All resolutions or parts of resolutions
in conflict herewith are hereby repealed to the extent of the conflict.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction,such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
Section 6. Effective Date.This Resolution shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
ADOPTED in a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, this
16th day of August 2022.
Wel . /(16 ;:%---
Wes Morrison, Mayor
;
ATTEST:'_.
- .--, __
Name FOR AGAINST
/ ,, • / ,. F
�
' I (" = - Kim Davis X
Mia Gofor b, CMC,CiqClerk
Mickie Kellum Second
Wes Morrison Motion
Angela Raymond x
Don Willis x
Approved as to legal form and sufficiency
ilFor the -, of Cape Canaveral only by:
dOla -
A rhony A-rganese, City Attorney
City of Cape Canaveral
Resolution 2022-16
Page 3 of 3
Exhibit "A"
City of Cape Canaveral
Prioritized SR A1A Improvements
Resolution No. 2022-16
Public Safety Priority Items
1. Lower all speed limits to 35 m.p.h.
2. Public Safety Improvements:
A. Additional crosswalks at existing signalized intersections:
I. North side of the signalized intersection of W. Central Avenue/Astronaut
Boulevard.
II. South side of the signalized intersection of Holman Road/North Atlantic
Avenue.
B. All existing crosswalks and intersections to be audible and signalized.
C. New mid-block audible/signalized crosswalks with HAWK (High-intensity Activated
crosswalk) beacons or PHB (Pedestrian Hybrid Beacons) at the following locations:
I. Burger King/SCAT bus stop
II. Columbia Drive
III. Jackson Avenue
IV. Taylor Avenue
V. Cape Shores/East Hayes Avenue
D. Urban roadway profile safety improvements:
I. Installation of wider landscaped medians with managed turning movement
areas; low landscaping in medians to maintain driver visibility, with higher
landscaping along sidewalks/pedways.
II. Installation of landscaping along SRAlA including, where appropriate, cluster
landscape features.
III. Installation of street furniture and decorative lighting (solar powered lighting
where possible) and traffic signage.
IV. Construction of curb and gutter along both sides of roadway.This will require
limited/as-necessary right-of-way acquisition funding for stormwater ponds
and clipped corners at intersecting roadways. Consider bio-swales within
landscaping plan for SR Al A; bio-swales will need to be located near existing
storm drain inlets so stormwater overflow can enter system.
V. Construction of wide sidewalks in addition to wide buffered, protected and
separated bike lanes (appropriately marked/stenciled), along both sides of SR
AlA to more safely accommodate pedestrians and bicyclists; improve
sidewalks along SR AlA in an ADA compliant manner.
VI. Construction of low-maintenance stormwater improvements near stormwater
outfalls that address ponding and water quality, including pre-treatment for
nitrogen and phosphorus. Stormwater gardens might be considered in
historic ponding areas.
VII. Where appropriate and needed to improve pedestrian and bicycle safety,
install native vegetation "islands," crosswalk striping including on side-streets
feeding into SR A1A and other arterial roadways, traffic calming devices, and
pedestrian/vehicle barriers.
3. Realignment of International Drive:
The realignment of International Drive with North Atlantic Avenue will require right-of-
way (ROW) acquisition funding and must address not only the roadway alignments, but
also stormwater drainage (possible wet detention pond) and pedestrian/bike crossings.
Include marked crosswalks on all sides of this intersection. The International Drive
Realignment Project Design is currently funded and underway.
4. New mast arms and audible/signalized intersection at SR A1A and Thurm Boulevard:
The installation of an audible/signalized intersection at Thurm Boulevard will require the
private property owners on the east side of Astronaut Boulevard to design and construct
an aligned common driveway.
5. The remainder of SR A1A within the City of Cape Canaveral, from Long Point Road to the
southern jurisdictional limits of the City of Cape Canaveral, and beyond, as appropriate,
be advanced on the prioritized list of projects for curb and gutter improvements in order
to provide for bicycle and pedestrian safety and while seamlessly transporting traffic
through the City of Cape Canaveral and provide for the general aesthetic of a unified
corridor.
6. Regarding FDOT's proposed preliminary designs for A1A improvements currently being
discussed and presented to the community,the City Council opposes
the proposed roundabout.
City Vision Priority Items
1. Reduction in overhead lines to include undergrounding of utilities and replacement of
existing utility poles with decorative poles. There are over 100+ overhead wires crossing
SR A1A in the City. Any reduction in these wires (without impacting existing services)
would improve the aesthetics of the entire corridor.
2. Wayfinding signage. Authorize the City to install and maintain an appropriate number of
effective and efficient decorative wayfinding signage (with landscaping) directing
pedestrians to parks, police,fire and other City and government facilities that pedestrians
commonly need to travel.
3. Beautification efforts. Authorize and support City-initiated beautification efforts along SR
A1A and other state roadways and land within the City such as the City's Adopt-A-
Median/Roadway Landscape Program and Art Utility Box Program.
4. Ensure that all SR A1A public safety and vision priorities are implemented in a manner
that is not only functional, but aesthetically pleasing and consistent with the City's on-
going branding and strategic planning efforts.
FDOT Proposed Section
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7 ft.bike lane(striped) 7 ft.bike lane(striped)
City of Cape Canaveral Proposed/Conceptual Section
(using same FDOT dimensions - inverted profile)
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ITEM #12
City of Cape Canaveral
John DeLeo,Administrative/Financial Director
P.O. Box 326
Cape Canaveral, FL 32920
(321) 868-1230
(321) 868-1248 fax
j.deleo@cityofcapecanaveral.org
Memo
TO: The Honorable Mayor and Members of the City Council
VIA: Todd Morley, City Manager -
FROM: John DeLeo, Administrative/Financial Services Director
DATE: October 21, 2022
RE: Monthly Financial Report–September 2022
Staff is pleased to present the Monthly Financial Report for the period ending September 30, 2022.
At this point in the Fiscal Year,the Year to Date Actuals should be 100%of the total annual budget.
Total General Fund Departmental costs are 14.2% below target.Administrative Services is running
below target at 96.4%. Community Development/Code Enforcement/Economic Development is
under target at 97.9%. Building Department is under target at 80.7% .Protective Services are over
target by.2%. Fire Rescue is running below target by 14.7%. Leisure Services is 30.9% below target.
Non-Departmental expenditures are below budgetary projections by 5.1%.
The Community Redevelopment Agency(CRA) has incurred $5,436,617 of expenses for the current
Fiscal Year. It currently is running -$343,781 as of the end of month September 2022.
Wastewater Fund overall costs are under target at 87.3%.
The Stormwater Fund is under target cost at 55.2%.
The City's General Fund investments total $9,768,440.14; Special Revenue investments total
$398,621.55; and Enterprise Fund investments total $635,219.20. The Grand total of all
investments is $10,802,280.89. The Annual Rate of Return for each Investment is attached.
If you have questions or wish anything additional, please contact me.
City of Cape Canaveral
Fund Narrative
Period Ended September 30, 2022
Revenue
Ad Valorem Tax
To date, the City has received 101.6% of Ad Valorem revenue. The City should have seen the highest income in
December and less income as the fiscal year continues.
Local Option Gas Tax
This amount represents actuals for October through July and accruals for August and September. It is above
target at 121.3%.
Franchise Fees, Utility Service Taxes and Communications Service Tax
This amount represents actuals for October through July and accruals for August and September. These are
above target at 105.0%.
Permits and Licenses
Permits and Licenses are slightly below target at 98.4%.This will see greatest revenue in August/September when
the BTR renewals are mailed out.
State Shared Revenues
This amount represents actuals for October through July and accruals for August and September. This revenue
source includes State Sales Tax, Municipal Gas Tax, Mobile Home Licenses,Alcoholic Beverage Licenses, and Local
1/2 Cent Sales Tax. These are above target at 120.1%.
Garbage and Recycling Revenues
This amount represents actual collections for October through August and an accrual for September. These are
above target at 103.4%.
Recreation Fees (Leisure Services)
Recreation Fees are above target and budget at 142.7%. The C5 Membership Fees are contributing to the
increased revenue.
Investment Income
Investment Income is above target at 127.7%. This is a direct result of a fluctuating market in the rate of return.
Future events may affect current rate of return.
Utility Operating Income (Wastewater Fund)
This amount represents actual collections for October through August and an accrual for September. It is slightly
above target at 102.9%.
Stormwater Utility Fees (Stormwater Fund)
This amount represents actual collections for October through August and an accrual for September. It is below
target at 94.0%.
City of Cape Canaveral
Statement of Revenues&Expenditures
Period Ended September 30,2022
GENERAL FUND
FY 2021-2022 SEPT 22 YTD %OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Cash Forward 1,401,200 - 0.0% 1,401,200
Cash Forward - R&R 595,500 - 0.0% 595,500
Ad Valorem Taxes 5,138,467 5,218,415 101.6% 5,138,467
Local Option Gas Tax 320,000 388,205 121.3% 320,000
Franchise Fees 844,168 936,585 110.9% 844,168
Utility Taxes 1,237,596 1,344,284 108.6% 1,237,596
Communications Service Tax 392,450 375,264 95.6% 392,450
Permits&Licenses 666,800 656,018 98.4% 666,800
Impact Fees 701,250 1,765,197 251.7% 701,250
State Grants 253,600 1,148 0.5% 253,600
ARPA Revenue - 51,761 0.0% -
State Shared Revenue 946,795 1,137,028 120.1% 946,795
Local Shared Revenue 138,918 138,918 100.0% 138,918
Charges for Services 24,250 39,194 161.6% 24,250
Garbage&Recycling Revenue 1,216,484 1,258,380 103.4% 1,216,484
Recreation Fees 75,375 107,596 142.7% 75,375
Fines&Forfeitures 14,325 15,216 106.2% 14,325
Interest Income 57,270 73,157 127.7% 57,270
Fire Hydrant Rental Fee 81,800 82,248 100.5% 81,800
Miscellaneous Revenue 95,300 64,126 67.3% 95,300
PAL Program Revenue 41,000 26,412 64.4% 41,000
Transfer from School Guard Crossing Fund 2,050 2,050 100.0% 2,050
Transfer from CRA Fund 686,093 816,186 119.0% 686,093
Contribution from Wastewater Fund 707,506 707,506 100.0% 707,506
Contribution from Stormwater Fund 19,566 19,566 100.0% 19,566
Loan Proceeds 3,950,000 3,141,595 79.5% 3,950,000
TOTAL REVENUES $ 19,607,763 18,366,053 88.2% $ 19,607,763
EXPENDITURE
Legislative 74,948 64,936 86.6% 74,948
Administrative Services 575,650 554,806 96.4% 575,650
Comm Dev/Code Enf/Econ Development 791,259 774,828 97.9% 791,259
Protective Services 3,309,761 3,315,376 100.2% 3,309,761
Fire/Rescue Services 2,647,475 2,258,005 85.3% 2,647,475
Building 330,190 266,593 80.7% 330,190
Infrastructure Maintenance 1,424,460 1,247,818 87.6% 1,424,460
Community and Cultural Affairs 307,128 196,988 64.1% 307,128
Leisure Services 1,348,753 931,579 69.1% 1,348,753
Legal Services 297,432 147,615 49.6% 297,432
Solid Waste 1,211,916 1,148,258 94.7% 1,211,916
Debt Service 1,408,475 1,422,568 101.0% 1,408,475
Non-Departmental 5,842,823 5,546,151 94.9% 5,842,823
Contingency 37,493 0.0% 37,493
TOTAL EXPENDITURES $ 19,607,763 17,875,521 85.8% $ 19,607,763
Excess of Revenues Over/(Under) Expenditures 490,531
Page 1 of 6
City of Cape Canaveral
Statement of Revenues&Expenditures
Period Ended September 30,2022
POLICE EDUCATION FUND
FY 2021-2022 SEPT 22 YTD %OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Police Education Income 1,380 1,241 89.9% 1,380
Interest Income 230 110 47.7% 230
TOTAL REVENUES $ 1,610 1,351 72.0% $ 1,610
EXPENDITURE
Education&Training - -
Contingency 1,610 0.0% 1,610
TOTAL EXPENDITURES $ 1,610 - 0.0% $ 1,610
Excess of Revenues Over/(Under) Expenditures 1,351
FIRE PROTECTION FUND
FY 2021-2022 SEPT 22 YTD %OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Cash Forward R&R -
Interest Income 504 282 55.9% 504
Impact Fees 9,500 0.0% 9,500
TOTAL REVENUES $ 10,004 282 2.5% $ 10,004
EXPENDITURE
Transfer to General Fund - 0.0% -
Contingency 10,004 0.0% 10,004
TOTAL EXPENDITURES $ 10,004 - 0.0% $ 10,004
Excess of Revenues Over/(Under) Expenditures 282
Page 2 of 6
City of Cape Canaveral
Statement of Revenues&Expenditures
Period Ended September 30,2022
SCHOOL CROSSING GUARD FUND
FY 2021-2022 SEPT 22 YTD %OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Cash Forward 1,200 1,200 100.0% 1,200
Parking Fine Surcharge 850 728 85.6% 850
Interest Income - 0.0% -
TOTAL REVENUES $ 2,050 1,928 100.4% $ 2,050
EXPENDITURE
Transfer to General Fund 2,050 2,050 100.0% 2,050
Contingency - 0.0% -
TOTAL EXPENDITURES $ 2,050 2,050 100.0% $ 2,050
Excess of Revenues Over/(Under) Expenditures (122)
LIBRARY FUND
FY 2021-2022 SEPT 22 YTD %OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Cash Forward - 0.0% -
Ad Valorem Taxes 67,481 68,577 101.6% 67,481
Ad Valorem Tax Delinquent 50 0.0% 50
Tax Penalty Income 60 43 72.3% 60
Interest Income 6,180 3,077 49.8% 6,180
Interest- Library Impact Fees - - 0.0% -
Interest-Tax Collections 42 114 271.0% 42
Impact Fees- Library 12,100 24,889 205.7% 12,100
Miscellaneous Revenue - 5,000 0.0% -
TOTAL REVENUES 85,913 101,701 103.6% $ 85,913
EXPENDITURE
Operating Expenses 40,100 18,581 46.3% 40,100
Capital Purchases 30,000 28,950 96.5% 30,000
Contingency 15,813 0.0% 15,813
TOTAL EXPENDITURES 85,913 47,531 30.5% $ 85,913
Excess of Revenues Over/(Under) Expenditures 54,170
Page 3 of 6
City of Cape Canaveral
Statement of Revenues&Expenditures
Period Ended September 30,2022
JI
CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY
FY 2021-2022 SEPT 22 YTD %OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Cash Forward -
Shared Revenue from Cape Canaveral 943,062 943,062 100.0% 943,062
Shared Revenue from Brevard County 943,062 943,062 100.0% 943,062
Interest Income 288 117 40.6% 288
Transfer from General Fund 3,793,193 3,141,595 82.8% 3,793,193
Transfer from Stormwater 65,000 65,000 100.0% 65,000
TOTAL REVENUES 5,744,605 5,092,836 79.2% $ 5,744,605
EXPENDITURE
Operating Expenses 11,559 1,088 9.4% 11,559
Capital Purchases 4,783,693 4,567,020 95.5% 4,783,693
Debt Service 938,417 868,510 92.6% 938,417
Contingency 10,936 0.0% 10,936
TOTAL EXPENDITURES 5,744,605 5,436,617 84.2% $ 5,744,605
Excess of Revenues Over/(Under) Expenditures (343,781)
11111111.1.
LAW ENFORCEMENT TRUST FUND
FY 2021-2022 SEPT 22 YTD %OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Cash Forward 7,526 5,825 77.4% 7,526
Contraband Income 1,000 363 36.3% 1,000
Interest-State 45 16 34.9% 45
TOTAL REVENUES 8,571 6,203 85.2% $ 8,571
EXPENDITURE
School Resource Officer 6,203 6,203 100.0% 6,203
Contingency 2,368 0.0% 2,368
TOTAL EXPENDITURES 8,571 6,203 72.4% $ 8,571
Excess of Revenues Over/(Under) Expenditures 0
Page 4 of 6
City of Cape Canaveral
Statement of Revenues&Expenditures
Period Ended September 30,2022
WASTEWATER ENTERPRISE FUND
FY 2021-2022 SEPT 22 YTD %OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Cash Forward 434,000 - 0.0% 434,000
Utility Operating Income 4,056,805 4,173,011 102.9% 4,056,805
Utility Penalty Income 62,015 41,926 67.6% 62,015
Sewer Assessment Fees 84,000 181,141 215.6% 84,000
Reuse Hook-Up Fees 2,925 0.0% 2,925
Reclaimed Water Revenue 91,650 92,939 101.4% 91,650
Investment Income 6,240 2,982 47.8% 6,240
Sale of Fixed Assets 2,000 0.0% 2,000
Transfer from CC CRA Fund 52,324 52,324 100.0% 52,324
SRF Loan Proceeds 2,096,500 1,767,109 84.3% 2,096,500
State Grants - 128,400 0.0% -
Miscellaneous Income 2,000 80,374 4018.7% 2,000
TOTAL REVENUES 6,890,459 6,520,207 93.8% $ 6,890,459
EXPENDITURE
Personal Services 1,683,277 1,653,763 98.2% 1,683,277
Operating Expenses 1,338,021 1,006,355 75.2% 1,338,021
Debt Service 551,629 627,361 113.7% 551,629
Capital Purchases 2,530,500 2,376,796 93.9% 2,530,500
Contribution to General Fund 707,506 707,506 100.0% 707,506
Contingency 79,526 0.0% 79,526
TOTAL EXPENSES 6,890,459 6,371,780 87.3% $ 6,890,459
Excess of Revenues Over/(Under) Expenses 148,426
Page 5 of 6
City of Cape Canaveral
Statement of Revenues&Expenditures
Period Ended September 30,2022
STORMWATER ENTERPRISE FUND
FY 2021-2022 SEPT 22 YTD %OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Cash Forward 205,100 0.0% 205,100
Stormwater Utility Fees 1,159,200 1,089,406 94.0% 1,159,200
Investment Income 2,376 2,248 94.6% 2,376
Miscellaneous Income - 11,752 0.0% -
Grant- FIND 131,400 0.0% 131,400
TOTAL REVENUES $ 1,498,076 $ 1,103,406 67.6% $ 1,498,076
EXPENDITURE
Personal Services 323,291 325,817 100.8% 323,291
Operating Expenses 295,590 184,968 62.6% 295,590
Capital Purchases 336,500 49,683 14.8% 336,500
Contribution to General Fund 19,566 19,566 100.0% 19,566
Transfer to CRA 65,000 65,000 100.0% 65,000
Contingency 458,129 0.0% 458,129
TOTAL EXPENSES 1,498,076 645,034 55.2% $ 1,498,076
Excess of Revenues Over/(Under) Expenses $ 458,372
Page 6 of 6
Florida State Treasury - Special Purpose Investment Account (SPIA) & FL SAFE
As of September 30,2022 the following funds were invested with the State of Florida Division of Treasury,with a rate of return 1.32%
Interest earned for the month: $ 16,903.73
General Fund
Restricted (by outside party)
Total Restricted $ -
Committed(Constrained by Council)
Expansion Recreation 44,421.67
Expansion Police 33,631.68
Capital Equipment Renewal&Replacement 780,552.22
Total Committed $ 858,605.57
Assigned-General Fund Emergency Reserve $ 1,495,349.00
Unassigned $ 721,951.89
Total General Fund SPIA Investments: $ 3,075,906.46
Florida Safe General Fund Emergency Reserve-0.06%(average monthly) 1,261,774.02
Florida Safe Combined-Note 2017-0.06%(average monthly) -
Florida Safe Note 2021 -0.06%(average monthly) 198,522.84
Florida Safe ARPA Reserve-0.06%(average monthly) 5,232,236.82
$ 6,692,533.68
Total General Fund Florida Safe Investments: $ 6,692,533.68
Total General Fund Investments: $ 9,768,440.14
Special Revenue Funds
Restricted(by outside party)
Police Education Fund 12,554.61
Aerial Fund 32,248.94
School Crossing Guard Fund -
Library Fund 166,772.05
Library Fund Restricted 185,249.35
Law Enforcement Trust Fund 1,796.59
Capital Expansion Funds:
Fire Rescue Capital Expansion -
General Government Capital Expansion
Total Restricted $ 398,621.55
Total Special Revenue Fund SPIA Investments: $ 398,621.55
Enterprise Funds
Wastewater Fund:
Wastewater General-Unrestricted -
Wastewater Fund Renewal&Replacement 328,572.52
$ 328,572.52
Stormwater Fund:
Stormwater Fund- Unrestricted -
Stormwater Fund Renewal&Replacement 306,646.68
$ 306,646.68
Total Enterprise Fund SPIA Investments: $ 635,219.20
TOTAL SPIA&FLSAFE INVESTMENTS $ 10,802,280.89
City of Cape Canaveral
John DeLeo,Administrative/Financial Director
P.O. Box 326
Cape Canaveral, FL 32920
(321) 868-1230
(321) 868-1248 fax
j.deleo@cityofcapecanaveral.org
Memo
TO: The Honorable Mayor and Members of the City Council
VIA: Todd Morley, City Manager •f '-
FROM: John DeLeo, Administrative/Financial Services Director >(q‘
DATE: November 21, 2022
RE: Monthly Financial Report—October 2022
Staff is pleased to present the Monthly Financial Report for the period ending October 31, 2022.
At this point in the Fiscal Year,the Year to Date Actuals should be 8.3%of the total annual budget.
Total General Fund Departmental costs are 2.1% below target. Administrative Services is running
below target at 2.2%. Community Development/Code Enforcement/Economic Development is
under target at 5.3%. Building Department is under target at 3.7%. Protective Services are over
target by 7.6%. Fire Rescue is running above target by 3%. Parks Recreation/Community Affairs is
4.2% below target. Non-Departmental expenditures are below budgetary projections by 5.3%.
The Community Redevelopment Agency (CRA) has incurred $67,629 of expenses for the current
Fiscal Year.
Wastewater Fund overall costs are under target at 3.9%.
The Stormwater Fund is under target cost at 1.2%.
The City's General Fund investments total $9,076,779.32; Special Revenue investments total
$399,166.31; and Enterprise Fund investments total $664,291.47. The Grand total of all
investments is $10,140,237.10. The Annual Rate of Return for each Investment is attached.
*Important Note regarding General Fund Expenditures reflected in this report
The negative balance in the General Fund ($685,992) is the result of multiple factors:
• Accruals have been only taken for one month of revenues as opposed to two since it is
the first month of the new Fiscal Year.
• BCSO & Canaveral Fire Rescue have been paid for two months on October 1stand 31st
• The City will not receive any of its new Ad Valorem for FY 23 until the end of November.
*Important Note regarding Library Fund Expenditures reflected in this report
The negative balance in the Library Fund ($11,455) is the result of the City not receiving its Ad
Valorem for FY 23. These funds should arrive from the State at the end of November.
If you have questions or wish anything additional, please contact me.
City of Cape Canaveral
Fund Narrative
Period Ended October 31, 2022
Revenue
Ad Valorem Tax
To date, the City has received 0.00% of Ad Valorem revenue. The City should see the first Ad Valorem payment
in November, and the highest income in December.
Local Option Gas Tax
This amount represents an accrual for October.
Franchise Fees, Utility Service Taxes and Communications Service Tax
This amount represents accruals for October.
Permits and Licenses
Permits and Licenses are below target at 5.0%. This will see greatest revenue in August/September when the BTR
renewals are mailed out.
State Shared Revenues
This amount represents accruals for October. This revenue source includes State Sales Tax, Municipal Gas Tax,
Mobile Home Licenses, Alcoholic Beverage Licenses, and Local 1/2 Cent Sales Tax.
Garbage and Recycling Revenues
This amount represents actual collections for October. These are right on target at 8.3%.
Recreation Fees (Leisure Services)
Recreation Fees are slightly below target at 7.1%.
Investment Income
Investment Income is above target at 61.6%. This is a direct result of a fluctuating market in the rate of return.
Future events may affect current rate of return.
Utility Operating Income (Wastewater Fund)
This amount represents actual collections for October. It is right on target at 8.1%.
Stormwater Utility Fees (Stormwater Fund)
This amount represents actual collections for October. It is right on target at 8.4%.
City of Cape Canaveral
Statement of Revenues&Expenditures
Period Ended October 31,2022
GENERAL FUND
FY 2022-2023 OCT 22 YTD %OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Cash Forward 2,222,000 0.0% 185,167
Cash Forward - R&R 898,500 0.0% 74,875
Ad Valorem Taxes 5,512,589 0.0% 459,382
Local Option Gas Tax 361,000 30,083 8.3% 30,083
Franchise Fees 949,066 69,700 7.3% 79,089
Utility Taxes 1,302,226 118,530 9.1% 108,519
Communications Service Tax 422,000 35,167 8.3% 35,167
Permits&Licenses 693,450 34,982 5.0% 57,788
State Grants 75,000 0.0% 6,250
ARPA Revenue 3,937,000 0.0% 328,083
State Shared Revenue 1,098,700 89,311 8.1% 91,558
Local Shared Revenue 127,601 0.0% 10,633
Charges for Services 30,818 89 0.3% 2,568
Garbage&Recycling Revenue 1,270,215 105,955 8.3% 105,851
Recreation Fees 300,300 21,399 7.1% 25,025
Fines&Forfeitures 12,600 725 5.8% 1,050
Interest Income 32,700 20,146 61.6% 2,725
Fire Hydrant Rental Fee 85,637 0.0% 7,136
Miscellaneous Revenue 40,750 253 0.6% 3,396
PAL Program Revenue 12,000 31,281 260.7% 1,000
Transfer from School Guard Crossing Fund 2,050 0.0% 171
Transfer from CRA Fund 814,947 0.0% 67,912
Contribution from Wastewater Fund 720,656 60,055 8.3% 60,055
Contribution from Stormwater Fund 19,566 1,631 8.3% 1,631
Loan Proceeds 250,000 0.0% 20,833
TOTAL REVENUES $ 21,191,371 $ 619,305 0.0% $ 1,765,948
EXPENDITURE
Legislative 98,573 1,822 1.8% 8,214
Administrative Services 540,548 12,150 2.2% 45,046
Comm Dev/Code Enf/Econ Development 868,177 45,838 5.3% 72,348
Protective Services 3,501,187 557,790 15.9% 291,766
Fire/Rescue Services 3,008,064 339,638 11.3% 250,672
Building 449,605 16,769 3.7% 37,467
Infrastructure Maintenance 1,682,911 66,521 4.0% 140,243
Parks Recreation + Community Affairs 1,657,649 68,571 4.1% 138,137
Legal Services 309,293 11,240 3.6% 25,774
Solid Waste 1,271,215 250 0.0% 105,935
Debt Service 1,420,737 - 0.0% 118,395
Non-Departmental 6,080,875 184,708 3.0% 506,740
Contingency 302,537 0.0% 25,211
TOTAL EXPENDITURES $ 21,191,371 $ 1,305,297 6.2% $ 1,765,948
Excess of Revenues Over/(Under) Expenditures $ (685,992)
Page 1 of 6
City of Cape Canaveral
Statement of Revenues&Expenditures
Period Ended October 31,2022
POLICE EDUCATION FUND
FY 2022-2023 OCT 22 YTD %OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Police Education Income 1,020 57 5.6% 85
Interest Income 75 17 22.9% 6
TOTAL REVENUES $ 1,095 $ 74 6.8% $ 91
EXPENDITURE
Education&Training - -
Contingency 1,095 0.0% 91
TOTAL EXPENDITURES $ 1,095 $ - 0.0% $ 91
Excess of Revenues Over/(Under) Expenditures $ 74
Jaillir
FIRE PROTECTION FUND
FY 2022-2023 OCT 22 YTD %OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Cash Forward R&R - -
Interest Income 264 44 16.7% 22
TOTAL REVENUES $ 264 $ 44 16.7% $ 22
EXPENDITURE
Contingency 264 0.0% 22
TOTAL EXPENDITURES $ 264 $ - 0.0% $ 22
Excess of Revenues Over/(Under) Expenditures $ 44
Page 2 of 6
City of Cape Canaveral
Statement of Revenues&Expenditures
Period Ended October 31,2022
SCHOOL CROSSING GUARD FUND
FY 2022-2023 OCT 22 YTD %OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Cash Forward 1,200 0.0% 100
Parking Fine Surcharge 900 20 2.2% 75
TOTAL REVENUES $ 2,100 $ 20 1.0% $ 175
EXPENDITURE
Transfer to General Fund 2,100 0.0% 175
Contingency - 0.0% -
TOTAL EXPENDITURES $ 2,100 $ - 0.0% $ 175
Excess of Revenues Over/(Under) Expenditures $ 20
iiiiim-
LIBRARY FUND
FY 2022-2023 OCT 22 YTD %OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Ad Valorem Taxes 70,193 0.0% 5,849
Ad Valorem Tax Delinquent 50 0.0% 4
Tax Penalty Income 60 0.0% 5
Interest Income 7,380 481 6.5% 615
Interest-Tax Collections 42 0.0% 4
TOTAL REVENUES 77,725 $ 481 0.6% $ 6,477
EXPENDITURE
Operating Expenses 34,275 11,936 34.8% 2,856
Capital Purchases 30,000 0.0% 2,500
Contingency 13,450 0.0% 1,121
TOTAL EXPENDITURES 77,725 11,936 15.4% $ 6,477
Excess of Revenues Over/(Under) Expenditures $ (11,455)
Page 3 of 6
City of Cape Canaveral
Statement of Revenues&Expenditures
Period Ended October 31,2022
CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY
FY 2022-2023 OCT 22 YTD %OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Cash Forward
Shared Revenue from Cape Canaveral 1,099,809 0.0% 91,651
Shared Revenue from Brevard County 1,099,809 0.0% 91,651
Interest Income 288 0.0% 24
Transfer from General Fund 250,000 71,000 28.4% 20,833
TOTAL REVENUES 2,449,906 71,000 2.9% $ 204,159
EXPENDITURE
Operating Expenses 5,999 0.0% 500
Capital Purchases 1,232,312 67,629 5.5% 102,693
Debt Service 867,270 0.0% 72,273
Contingency 344,325 0.0% 28,694
TOTAL EXPENDITURES 2,449,906 67,629 2.8% $ 204,159
Excess of Revenues Over/(Under) Expenditures $ 3,371
lim-
IMPACT FEES FUND
FY 2022-2023 OCT 22 YTD %OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Impact Fees- Police 19,250 0.0% 1,604
Impact Fees- Fire/Rescue 3,376 0.0% 281
Impact Fees-Transportation 0.0% -
Impact Fees- Parks/Recreation 22,700 0.0% 1,892
Impact Fees-General Government 15,850 0.0% 1,321
Impact Fees-Aerial Fire Truck 9,520 0.0% 793
Impact Fees- Library 12,000 0.0% 1,000
TOTAL REVENUES 82,696 - 0.0% $ 6,891
EXPENDITURE
Contingency 82,696 0 6,891
TOTAL EXPENDITURES 82,696 - 0.0% $ 6,891
Excess of Revenues Over/(Under) Expenditures $ -
Page 4 of 6
City of Cape Canaveral
Statement of Revenues&Expenditures
Period Ended October 31,2022
LAW ENFORCEMENT TRUST FUND
FY 2022-2023 OCT 22 YTD %OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Cash Forward 5,229 0 436
Contraband Income 1,650 0 138
Interest-State 45 2 0.054666667 4
TOTAL REVENUES 6,924 2 0.0% $ 577
EXPENDITURE
School Resource Officer 6,924 0 577
TOTAL EXPENDITURES 6,924 - 0.0% $ 577
Excess of Revenues Over/(Under) Expenditures $ 2
WASTEWATER ENTERPRISE FUND
FY 2022-2023 OCT 22 YTD %OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Cash Forward 644,500 0.0% 53,708
Utility Operating Income 4,667,300 376,328 8.1% 388,942
Utility Penalty Income 70,000 3,244 4.6% 5,833
Sewer Assessment Fees 84,000 0.0% 7,000
Reuse Hook-Up Fees 2,925 0.0% 244
Reclaimed Water Revenue 91,650 7,545 8.2% 7,638
Investment Income 2,520 358 14.2% 210
Sale of Fixed Assets 2,000 0.0% 167
Transfer from General Fund 2,500,000 0.0% 208,333
Transfer from CRA Fund 52,324 0.0% 4,360
SRF Loan Proceeds 1,320,000 187,752 14.2% 110,000
Miscellaneous Income 2,000 0.0% 167
TOTAL REVENUES 9,439,219 575,227 6.1% $ 786,602
EXPENDITURE
Personal Services 1,913,966 136,562 7.1% 159,497
Operating Expenses 1,597,455 81,620 5.1% 133,121
Debt Service 666,911 0.0% 55,576
Capital Purchases 4,464,500 88,263 2.0% 372,042
Contribution to General Fund 720,656 60,055 8.3% 60,055
Contingency 75,731 0.0% 6,311
TOTAL EXPENSES 9,439,219 366,500 3.9% $ 786,602
Excess of Revenues Over/(Under) Expenses $ 208,727
Page 5 of 6
City of Cape Canaveral
Statement of Revenues&Expenditures
Period Ended October 31,2022
STORMWATER ENTERPRISE FUND
FY 2022-2023 OCT 22 YTD %OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Cash Forward 626,500 0.0% 52,208
Stormwater Utility Fees 1,087,800 90,880 8.4% 90,650
Investment Income 1,380 324 23.5% 115
Transfer from General Fund 1,175,000 0.0% 97,917
TOTAL REVENUES $ 2,890,680 $ 91,204 3.2% $ 240,890
EXPENDITURE
Personal Services 366,873 23,353 6.4% 30,573
Operating Expenses 271,230 2,051 0.8% 22,603
Capital Purchases 1,501,500 7,906 0.5% 125,125
Contribution to General Fund 19,566 1,631 8.3% 1,631
Contingency 731,511 0.0% 60,959
TOTAL EXPENSES 2,890,680 34,941 1.2% $ 240,890
Excess of Revenues Over/(Under) Expenses $ 56,263
Page 6 of 6
Florida State Treasury - Special Purpose Investment Account (SPIA) & FL SAFE
As of October 31,2022 the following funds were invested with the State of Florida Division of Treasury,with a rate of return 1.64%
Interest earned for the month: $ 21,011.06
General Fund
Restricted (by outside party)
Total Restricted $ -
Committed(Constrained by Council)
Expansion Recreation 44,482.38
Expansion Police 33,677.64
Capital Equipment Renewal&Replacement 790,885.22
Total Committed $ 869,045.24
Assigned-General Fund Emergency Reserve $ 1,495,349.00
Unassigned $ 17,028.44
Total General Fund SPIA Investments: $ 2,381,422.69
Florida Safe General Fund Emergency Reserve-0.06%(average monthly) 1,264,904.71
Florida Safe Note 2021 -0.06%(average monthly) 199,015.44
Florida Safe ARPA Reserve-0.06%(average monthly) 5,231,436.48
$6,695,356.63
Total General Fund Florida Safe Investments: $ 6,695,356.63
Total General Fund Investments: $ 9,076,779.32
Special Revenue Funds
Restricted (by outside party)
Police Education Fund 12,571.77
Aerial Fund 32,293.01
School Crossing Guard Fund -
Library Fund 167,253.14
Library Fund Restricted 185,249.35
Law Enforcement Trust Fund 1,799.05
Capital Expansion Funds:
Fire Rescue Capital Expansion -
General Government Capital Expansion
Total Restricted $ 399,166.31
Total Special Revenue Fund SPIA Investments: $ 399,166.31
Enterprise Funds
Wastewater Fund:
Wastewater General-Unrestricted -
Wastewater Fund Renewal&Replacement 348,897.78
$ 348,897.78
Stormwater Fund:
Stormwater Fund-Unrestricted -
Stormwater Fund Renewal&Replacement 315,393.69
$ 315,393.69
Total Enterprise Fund SPIA Investments: $ 664,291.47
TOTAL SPIA&FLSAFE INVESTMENTS $ 10,140,237.10