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HomeMy WebLinkAboutcocc_council_mtg_packet_20230516_6p_regularCELEBRATING 60 YEARS 1963 [diamond graphic] 2023 CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA May 16, 2023 6:00 P.M. Please email public comments before noon to: cityclerk@cityofcapecanaveral.org For remote options, please visit: www.cityofcapecanaveral.org/city_meetings CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS All Agenda Section times are estimates and subject to change. PRESENTATIONS/INTERVIEWS I 6:00 p.m. - 6:20 p.m. Presentation of Proclamation honoring the City of Cape Canaveral's 60th Anniversary. Presentation of and commitment to an updated City of Cape Canaveral Stands Against Hate Proclamation. (Submitted by Mayor Pro Tem Raymond) Mission Space Coast unified branding initiative presented by Angela Neal, Director of Special Projects, Economic Development Commission of Florida's Space Coast. Interview Applicants for appointment to the Board of Adjustment. (Steve Hepp and Adler Moldenhauer) PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the City Council excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens will limit their comments to three (3) minutes. The City Council will not take any action under the "Public Participation" section of the agenda. The Council may schedule items not on the agenda as regular items and act upon them in the future. CONSENT AGENDA I 6:35 p.m. — 6:40 p.m. 1. Approve the Minutes of the City Council April 18, 2023 Regular Meeting. 2. Resolution No. 2023-05; appointing Members to the Board of Adjustment of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Steve Hepp and Adler Moldenhauer) 3. Resolution No. 2023-08; amending Appendix B, Schedule of Fees of the City Code to include registration and inspection fees related to golf carts under Chapter 74, Article IV of the City Code, providing for the repeal of prior inconsistent resolutions, incorporation into the Code, severability and an effective date. 4. Resolution No. 2023-09; amending Appendix B, Schedule of Fees of the City Code to include fees related to application fees related to Small Hauler Construction & Demolition Debris collection under Section 62 of the City Code, providing for the repeal of prior inconsistent resolutions, incorporation into the Code, severability and an effective date. 5. Approve proposal from Kimley Horn and Associates, Inc. (KHA) in the amount of up to $77,500 for the planning and designing of a low impact development -based bioswale at Veterans Memorial Park and authorize City Manager to execute the same. City of Cape Canaveral, Florida City Council Regular Meeting • May 16, 2023 Agenda • Page 2 of 2 6. Approve proposal from First Light Technologies/Graybar in the amount of $131,579 for the purchase of thirty-nine (39) solar lights and an additional four (4) lights. PUBLIC HEARINGS I 6:40 p.m. — 7:00 p.m. 7. Ordinance No. 05-2023; providing for the granting of a Non -Exclusive Franchise to Fusionsite Florida, LLC d/b/a Freedom Waste Services for small hauler Construction & Demolition Debris collection in roll -off containers under 20 cubic yards in size within the jurisdictional City of Cape Canaveral; outlining franchise duties; imposing requirements under which franchise shall operate; providing for conflicts, severability, and an effective date, first reading. 8. Ordinance No. 06-2023; providing for the granting of a Non -Exclusive Franchise to Tropical Carting & Recycling, LLC for small hauler Construction & Demolition Debris collection in roll -off containers under 20 cubic yards in size within the jurisdictional City of Cape Canaveral; outlining franchise duties; imposing requirements under which franchise shall operate; providing for conflicts, severability, and an effective date, first reading. 9. a. Ordinance No. 07-2023; amending Section 26-3 of the City Code regarding the Election Qualifying Period requirements for the Office of Mayor and City Council in accordance with Section 2.02(b) of the City Charter; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, first reading. b. Resolution No. 2023-06; adopting a Qualifying Statement for qualifying candidates for Mayor and City Council pursuant to the requirements of Section 26-3 of the City Code and Section 2.02(b) of the City Charter; providing for alterations, grammatical and error corrections by the City Clerk, repeal of prior inconsistent resolutions, minor severability and an effective date. ITEMS FOR DISCUSSION I 7:00 p.m. — 7:30 p.m. 10. Discuss the findings of the Wastewater Sufficiency Analysis requested by Council at the June 21, 2022 City Council Meeting and support Staff's recommendation to proceed with the 7.5% Wastewater Rate increase for FY23/24 as set forth in the 2022 Analysis. 11. Coyotes in Cape Canaveral (Submitted by Mayor Morrison) 12. Volunteers in Cape Canaveral (Submitted by Mayor Morrison) REPORTS 1 7:30 p.m. — 7:40 p.m. INFORMATIONAL I Items are presented for informational purposes only; no action to be taken. 13. Monthly Financial Report — March 2023. 14. ProChamps Update. 15. Golf Cart Registration and Inspection. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the City Clerk's office [(321) 868-1220 x207 or x206] 48 hours in advance of the meeting. CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MAY 16, 2023 AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS Subject: Presentation of Proclamation honoring the City of Cape Canaveral's 60th Anniversary. Department: Legislative Summary: On May 16, 1963, the Florida Legislature voted the City of Cape Canaveral's Charter into law, thus the City was officially incorporated. This was the culmination of many years' hard work and investment of time by the freeholders and residents of the then unincorporated area between the City of Cocoa Beach and Port Canaveral, to establish an incorporated municipality of their own. Tonight's City Council Regular Meeting marks the 60th Anniversary of that momentous occasion and the attached Proclamation has been prepared to recognize and celebrate this milestone. The Proclamation acknowledges the events that laid the groundwork for the City, its humble beginnings of just over 200 freeholders meeting at the Tropicana Juice Plant at Port Canaveral to vote for incorporation, its early commitment to improving the City's residents' quality of life, which continues to this day, and looks toward building a strong and resilient future. The year 2023, being the 60th year of incorporation of the City of Cape Canaveral, is deserving of special recognition and has been designated as the City's "Diamond Anniversary". Any past Cape Canaveral Mayors and any local and state elected officials present at tonight's Meeting are invited and encouraged to join us in the presentation of this Proclamation. Submitted by: Mayor Wes Morrison Attachment: Proclamation. 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 Proclamation. Approved by City Manager: Todd Morley CELEBRATING 60 YEARS 1963 [diamond graphic] 2023 Official Proclamation City Of Cape Canaveral, Florida WHEREAS, On May 11, 1949, United States President Harry S. Truman signed legislation establishing the Joint Long -Range Proving Ground at the geographical area of Florida known as Cape Canaveral; and WHEREAS, On July 29, 1958, United States President Dwight D. Eisenhower signed the National Aeronautics and Space Act, thus launching America into the Space Age; and WHEREAS, beginning in 1958, as the beach area grew in population and the Space Program flourished, freeholders in the unincorporated area between the City of Cocoa Beach and Port Canaveral began planning and taking steps to incorporate their area into a municipality of their own; and WHEREAS, on March 10, 1962, and again on June 2, 1962, over two -hundred freeholders met at the Tropicana Juice Plant at Port Canaveral to vote on incorporation of a new municipality, with a final vote of two -hundred and five in favor of and six against incorporation; and WHEREAS, upon the June 2, 1962 incorporation vote, the town limits, town seal, and name of the municipality as "Cape Canaveral" were all voted on and adopted; and WHEREAS, in 1963, the City Charter was submitted to the Florida Legislature and became law on May 16, 1963; and WHEREAS, with the incorporation official, a tax millage for capital improvements was approved by the voters and the City began investing in, developing and improving the quality of life for its residents; an effort which continues to this day; and WHEREAS, over the course of the intervening sixty years, the City of Cape Canaveral has experienced the highs and weathered the lows of the evolution of the neighboring Space Program and regional tourism industry, whilst never losing its charm, identity, and "small town" feel; and WHEREAS, with the year 2023 being the 60th Anniversary of its incorporation, the City of Cape Canaveral continues to look towards the future, to build upon its history, and ensure the next sixty years will be just as strong and resilient. NOW, THEREFORE, I, Wes Morrison, Mayor of the City of Cape Canaveral, Brevard County, Florida, do hereby join with the rest of City Council, City Staff, City residents, property and business owners, and other local and State officials and dignitaries in acknowledging and celebrating THE CITY OF CAPE CANAVERAL'S DIAMOND ANNIVERSARY Signed and Sealed this Day of , Mayor CELEBRATING 60 YEARS 1963 [diamond graphic] 2023 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MAY 16, 2023 AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS Subject: Presentation of and commitment to an updated City of Cape Canaveral Stands Against Hate Proclamation. (Submitted by Mayor Pro Tem Raymond) Department: Legislative Summary: At the City Council Regular Meeting of April 16, 2023, under the Public Participation portion of the Agenda, a citizen expressed serious concerns regarding anti-Semitic and ethnic intimidation in the City, and urged the City Council to do more to denounce hate. As a result of this citizen's request, as well as the continuing/recent local, state and national events related to hate, violence and bigotry at the forefront of all forms of media and in the public forum online, it is time for the City of Cape Canaveral to commit to an updated City of Cape Canaveral Stands Against Hate Proclamation (Attachment 1). Originally presented at the Regular City Council Meeting of June 16, 2020, the City of Cape Canaveral Stands Against Hate Proclamation (Attachment 2) was prompted by the nation's outrage, horror, and sorrow over the death of George Floyd by police in Minneapolis, Minnesota on May 25, 2020. The City's history of standing up for kindness and standing against hate is summarized here: 1. At its Regular City Council Meeting of April 16, 2019, Council supported the Tropical Elementary School TK1 Class Project initiative, by Proclamation, to help generate and make people aware of kindness in their everyday lives - the Kindness All Around Symbol as the official symbol of kindness. (Attachment 3): (Pictured above, Kindness Symbol) 2. At its Regular City Council Meeting of February 18, 2020, the Council adopted Resolution No. 2020-03 (Attachment 4) which authorized the City join the Florida Hate Crime Coalition, founded in 2016 by the Anti -Defamation League, and was established to advocate for, and expand, comprehensive hate crime laws in Florida. 3. On June 16, 2020, as mentioned above, the Council presented the City of Cape Canaveral Stands Against Hate Proclamation. 4. At its Regular City Council Meeting of June 16, 2020, Council adopted Resolution No. 2020-13 (Attachment 5) which affirmed the City's commitment to denouncing hate -speech, violent action and misinformation related to Covid-19. The updated/amended Proclamation includes the following: WHEREAS, those that are exposed to such inequitable treatment often feel alienated, without hope and helpless to stand alone against the hate and aggression; and WHEREAS, the City of Cape Canaveral expresses deep and sincere sympathy to those and their families who have experienced hatred because of their ethnicity, nationality, race, religion, socio- City of Cape Canaveral City Council Meeting • May 16, 2023 Presentations/Interviews Page 2 of 2 economic level, gender, sexual orientation, age, political affiliation; and unjust behavior or discrimination toward people with disabilities; and WHEREAS, the City of Cape Canaveral recognizes the recent increase of anti-Semitic hatred, violence, and crimes; and WHEREAS, the City of Cape Canaveral understands the traumatic results of bullying, stalking, cyber- stalking, and hate mail, and deplore such actions that cause intense pain among our residents; and WHEREAS, the City of Cape Canaveral is committed to supporting other cities in our State to work together to respond to the call for equality throughout our nation. The attached Proclamation will be read into the record and will be framed/displayed in City Hall. Submitting Council Member: Mayor Pro Tem Raymond Attachments: 1. City of Cape Canaveral Stands Against Hate Proclamation (updated) 2. City of Cape Canaveral Stands Against Hate Proclamation (presented June 16, 2020) 3. Kindness Symbol Proclamation (presented April 16, 2019) 4. Resolution No. 2020-03 5. Resolution No. 2020-13 The City Manager recommends the City Council take the following action: Present Proclamation. Approved by City Manager: Todd Morle Attachment 1 Official Proclamation City Of Cape Canaveral, Florida WHEREAS, hate violence has become a daily occurrence and continues to increase at epidemic rates across the nation; and WHEREAS, history has tragically taught us what happens when people stand by and allow acts of violence, hatred and injustice to occur; and WHEREAS, those that are exposed to such inequitable treatment often feel alienated, without hope and helpless to stand alone against the hate and aggression; and WHEREAS, the City of Cape Canaveral expresses deep and sincere sympathy to those and their families who have experienced hatred because of their ethnicity, nationality, race, religion, socio-economic level, gender, sexual orientation, age, political affiliation; and unjust behavior or discrimination toward people with disabilities; and WHEREAS, the City of Cape Canaveral recognizes the recent increase of anti-Semitic hatred, violence, and crimes; and WHEREAS, the City of Cape Canaveral understands the traumatic results of bullying, stalking, cyber-stalking, and hate mail, and deplore such actions that cause intense pain among our residents; and WHEREAS, the City of Cape Canaveral is committed to supporting other cities in our State to work together to respond to the call for equality throughout our nation. NOW, THEREFORE, I, Wes Morrison, Mayor of the City of Cape Canaveral, Brevard County, Florida, do hereby proclaim commitment to supporting the Florida League of Cities in its mission to create a safe, secure, and equitable environment and declare that THE CITY OF CAPE CANAVERAL STANDS AGAINST HATE Signed and Sealed this Day of , Mayor Attachment 2 Official Proclamation City Of Cape Canaveral, Florida WHEREAS, hate violence has become a daily occurrence and is increasing at epidemic rates across the nation; and WHEREAS, history has tragically taught us what happens when people stand by and allow acts of violence, hatred and injustice to occur; and WHEREAS, those that are exposed to such inequitable treatment often feel alienated, without hope and helpless to stand alone against the hate and aggression; and WHEREAS, on June 2, 2020, Isaac Salver, President of the Florida League of Cities, expressed deep and sincere sympathy to the family of George Floyd and deplored and repudiated the actions that led to the loss of life; and WHEREAS, the City of Cape Canaveral stands with the Florida League of Cities, President Isaac Salver, and other municipalities in echoing that sympathy to the family of George Floyd and of others that have suffered similar fates and deploring and repudiating the actions that led to the loss of life; and WHEREAS, the City of Cape Canaveral is committed to supporting the Florida League of Cities' pledge to work as a family of cities to respond to the call for equality being heard throughout our nation. NOW, THEREFORE, I, Robert E. Hoog, Mayor of the City of Cape Canaveral, Brevard County, Florida, do hereby proclaim commitment to supporting the Florida League of Cities in its mission to create a framework for equitable communities and declare that THE CITY OF CAPE CANAVERAL STANDS AGAINST HATE Signed and Sealed this 15th Day of June, 2020 (Signature) Mayor Attachment 3 Official Proclamation City Of Cape Canaveral, Florida WHEREAS, there is a need in our schools, our communities, our nation and our world for more kindness; and WHEREAS, the City of Cape Canaveral, through its Vision Statement and Values, envisions itself as an engaged, compassionate and inclusive Community that supports and promotes local tourism, culture, kindness, recreation, commerce, municipal/civic interests and education; and WHEREAS, the Tropical Kingdom (TK-1) from Tropical Elementary School, Merritt Island, Florida, believes that helping others become aware of kindness will generate more kindness; and WHEREAS, the Tropical Kingdom determined having a symbol for Kindness would help make people more aware of kindness in their everyday lives; and WHEREAS, in a vote held by the Tropical Kingdom, 983 people from 25 states, as well as England and Ireland, voted 52% to select the Kindness All Around Symbol as the official symbol of Kindness. NOW, THERFORE, be it resolved the City of Cape Canaveral proclaims the KINDNESS SYMBOL become the official symbol of Kindness. We encourage all parents, students, community members, residents and visitors of the City of Cape Canaveral to use and promote this symbol of Kindness from this day forward. (Signature) Mayor Pro Tem (Signature) Council Member (Signature) Council Member (Signature) Council Member Signed and Sealed this 10th Day of April , 2019 (Signature) Mayor Attachment 4 RESOLUTION NO. 2020-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY FLORIDA; AUTHORIZING JOINING THE FLORIDA HATE CRIME COALITION; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, Anti -Defamation League (ADL) is a leading anti -hate organization, founded in 1913 due to an escalating climate of anti-Semitism and bigotry; and WHEREAS, ADL is a global leader in exposing extremism, delivering anti -bias education and is a leading organization in training law enforcement; and WHEREAS, ADL's ultimate goal is a world in which no group or individual suffers from bias, discrimination or hate; and WHEREAS, the Florida Hate Crime Coalition (FHCC) was established in 2016 by the ADL to advocate for, and expand, comprehensive hate crimes law in Florida: and WHEREAS, partnered with over 200 organizations, elected officials and law enforcement leaders, FHCC's mission is to secure amendments to the Florida hate crime law that would protect all Floridians: and WHEREAS, residents, businesses and the government of Cape Canaveral believe diversity within our community is a source of strength and opportunity; and WHEREAS, the City of Cape Canaveral City Council chooses to be a leader in promoting tolerance, inclusion, human rights, social justice and public safety; and WHEREAS, the City of Cape Canaveral City Council stands opposed to manifestations of hate, acts of intolerance and reaffirms its values of inclusion, respect and justice; and WHEREAS, the City of Cape Canaveral City Council believes that joining FHCC would be in the best interests of the residents and businesses of the City of Cape Canaveral. 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. Joining FHCC. The City Council directs the City Manager's Office to take action to join the FHCC. City of Cape Canaveral Resolution No. 2020-03 Page 1 of 2 Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 18th day of February, 2020. Mia Goforth, CMC City Clerk Approved as legal form and sufficiency For the Cape Canaveral only by: (Signature) Anthony A. Garganese, City Attorney Bob Hoog, Mayor ATTEST: Name Mike Brown Bob Hoog Mickie Kellum FOR x x Wes Morrison Motion Angela Raymond Second AGAINST City of Cape Canaveral Resolution No. 2020-03 Page 2 of 2 SEAL of Cape Canaveral, Florida Attachment 5 RESOLUTION NO. 2020-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AFFIRMING THE CITY'S COMMITMENT TO DENOUNCING HATE -SPEECH, VIOLENT ACTION AND MISINFORMATION RELATED TO COVID-19; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, since the outbreak of the COVID-19 virus, more than 6,672,287 cases and more than 391,773 deaths have been confirmed worldwide as of June 4, 2020, according to the Johns Hopkins University Coronavirus Resource Center, and according to the Centers for Disease Control and Prevention, 1,842,101 cases and 107,029 deaths have been reported in the United States as of June 4, 2020; and WHEREAS, COVID-19 will not be stopped by political boundaries and was not created or caused by any race, nationality or ethnicity, and the World Health Organization has cautioned against using geographic descriptors that can fuel ethnic and racial discrimination; and WHEREAS, people from all racial, national and ethnic backgrounds have been infected with COVID-19; and WHEREAS, the City of Cape Canaveral is fully committed to the safety, security, and equal treatment of its residents as it confronts the COVID-19 pandemic; and WHEREAS, each individual has the ability to promote inclusiveness, celebrate diversity, support all fellow community members, prevent the spread of misinformation, and reject hate and bias in all forms; and WHEREAS, hate crimes, discrimination and aggression against Asians and Jews are on the rise throughout the country as these groups are being blamed for the COVID-19 outbreak and spread; and WHEREAS, as our history has shown, times of great fear, uncertainty and unrest can lead to the demonization, blaming, and scapegoating of groups as the "other;" and WHEREAS, extremists are taking advantage of COVID-19 to spread their hateful ideologies, including antisemitism, racism, Islamophobia, and Sinophobia; and WHEREAS, amid the growing spread of COVID-19, there are surging reports of bias -motivated incidents targeting members of the Asian and Pacific Islander community in the U.S.; and WHEREAS, COVID-19 is a public health issue, not a racial, religious or ethnic one, and the deliberate use of terms such as "Chinese virus" or "Kung Fu virus" to describe COVID-19 only City of Cape Canaveral Resolution No. 2020-13 Page 1 of 3 encourages hate crimes and incidents against Asians and further spreads misinformation at a time when communities should be working together to get through this crisis; and WHEREAS, the Jewish community has been targeted with blame, hate, antisemitic tropes and conspiracy theories about their creating, spreading and profiting from COVID-19; and WHEREAS, to target and stigmatize specific communities for the COVID-19 outbreak and world-wide spread creates an inexcusable risk to all community members; and WHEREAS, it is critical that the City of Cape Canaveral take leadership and stand in solidarity with its Asian and Jewish communities to send a message that discriminatory and hate -motivated behavior or violence will not be tolerated; and WHEREAS, wishes to affirm its commitment to the well-being and safety of its Asian and Jewish community members and ensure they know they are not alone and that the City of Cape Canaveral is committed to ending the spread of all forms of hate and bigotry. 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. Denouncing Bigotry. The City of Cape Canaveral denounces antisemitism, anti -Asian bigotry, and all hateful speech, violent action and the spread of misinformation related to COVID-19 that casts blame, promotes racism or discrimination or harms the City of Cape Canaveral's Asian and Pacific Islander, Jewish, immigrant or other communities. Section 3. Affirming Commitment. The City of Cape Canaveral joins cities, counties and states across the country in affirming its commitment to the safety and well-being of all community members, including the Asian and Jewish communities, and in combatting hate crimes targeting Asians, Jews and Pacific Islanders. Section 4. Continued Efforts. The City of Cape Canaveral will continue its efforts to protect residents, targets and victims of hate, and to encourage prosecution and curb hate acts related to COVID-19 in partnership with nonprofit organizations, the Florida State Attorney's 18th Judicial Circuit, the Brevard County Sheriff's Office and other law enforcement partners. Section 5. Support of Rights. The City of Cape Canaveral pledges to support the inalienable rights of all people in our community, who should be treated with respect and must remain safe during this pandemic. We call upon all our residents to treat each other with respect. Section 6. Calling Attention. The City of Cape Canaveral urges residents to join us in calling attention to these harms and denouncing hate to help keep us all safe during this unprecedented pandemic and beyond. City of Cape Canaveral Resolution No. 2020-13 Page 2 of 3 Section 7. 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 8. 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 portions hereto. Section 9. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 16th day of June, 2020. (Signature) Bob Hoog, Mayor (Signature) Mia Goforth, CMC City Clerk Approved as to legal form and sufficiency for the City of Cape Canaveral only by: (Signature) Anthony A. Garganese, City Attorney ATTEST: FOR AGAINST Name Mike Brown x Bob Hoog x Mickie Kellum Second Wes Morrison Motion Angela Raymond x City of Cape Canaveral Resolution No. 2020-13 Page 3 of 3 SEAL of Cape Canaveral, Florida CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MAY 16, 2023 AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS Subject: Mission Space Coast unified branding initiative presented by Angela Neal, Director of Special Projects, Economic Development Commission of Florida's Space Coast. Department: City Clerk's Office Summary: The Economic Development Commission of Florida's Space Coast (EDC) is a community coalition with a mission to secure the economic future of Brevard County through community support, advocacy, collaboration, communication and education. Through collaboration with the EDC and the Space Coast Office of Tourism, Mission Space Coast is an initiative to define a unified brand for Brevard County. The unified brand will include a logo, tagline, imagery, and messaging. A unified brand will tell the story of Brevard County through one voice to responsibly attract businesses, talent, and tourism. A brief overview of the Mission Space Coast unified branding initiative is being presented tonight by EDC Director of Special Projects Angela Neal, to share opportunities for engagement/feedback with the City. Submitting Department Director: Mia Goforth Attachment: EDC Mission Space Coast slide presentation 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: Receive the Presentation. Approved by City Manager: Todd Morley MISSION SPACE COAST ONE VOICE - ONE BRAND ECONOMIC DEVELOPMENT COMMISSION FLORIDA'S SPACE COAST Space Coast Floirda ECONOMIC DEVELOPMENT COMMISSION FLORIDA'S SPACE COAST WHAT IS COMMUNITY BRANDING? City of Melbourne The Harbor City weVENTURE WOMEN'S BUSINESS CENTER at FLORIDA TEACH RISK COLLEGE OF BUSINESS NASA The City of Florida Palm Bay SPACE COAST HEALTH FOUNDATION JUNIOR LEAGUE OF THE SPACE COAST 45TH SPACE WING NEIGHBOR UP BREVARD United Way United Way of Brevard CITY OF SATELLITE BEACH TOWN OF INDIALANTIC FLORIDA SCHRA SPACE COAST HUMAN RESOURCE ASSOICATION of Florida, Inc INDIAN HARBOUR BEACH FLORIDA MELBOURNE REGIONAL CHAMBER SPACE COAST ECONOMIC DEVELOPMENT COMMISSION FLORIDA'S SPACE COAST Association of REALTORS OFFICICAL SEAL TOWN OF PALM SHORES, FLORIDA SBSHRM South Brevard Society for Human Rresource Management Brevard Schools FOUNDATION MRC Marine Resources Council TOWN OF MALABAR FLORIDA ONE LAGOON ONE COUMMUNITY ONE VOICE HIRING OUR HEROES U.S CHAMBER OF COMMERCE F O U N D A T I O N Junior Achievement ELEVATE BREVARD GRANT-VALKARIA COMMUNITY ASSOCIATION FAOB FLORIDA ASSOCIATION OF VETERAN OWNED BUSINESS CITY OF ROCKLEDGE, FLORIDA OLDEST CITY IN BREVARD COCOA FLORIDA TITUSVILLE, FLORIDA FOUNDED 1867 KBB Keepbrevardbeautiful KEEP AMERICA BEAUTIFUL AFFILIATE Titusville AREA CHAMBER OF COMMERCE TITUSVILLE, FLORIDA CANAVERAL PORT AUTHORITY TOWN OF MELBOURNE BEACH FLORIDA SUN SPACE AND SEA CITY OF CAPE CANAVEAL The City of Florida PALM BAY A Perfect Place to Grow Groundswell TOWN OF MELBOURNE VILLAGE BREVARD COUNTY, FLORIDA TOWN OF MALABAR FLORIDA CITY OF COCOA BEACH FLORIDA ABWA AMERICAN BUSINESS WOMEN'S ASSOCIATION AAF AMERICAN ADVERTISING FEDERATION SPACE COAST Wlecome ?? SATELLITE BEACH, FLORIDA SPACE COAST BLACK CHAMBER OF COMMERCE West Melbourne FLORIDA THE GREATER PALM BAY CHAMBER OF COMMERCE FLORIDA TECH L I E I A I D BREVARD THE PROCESS ➢ Phase I — Internal Brevard ➢ Step 1— Community Conversations ➢ Step 2 — Focus Groups ➢ Step 3 — Internal Brevard Broad Survey ➢ Phase II — External Brevard ➢ Step 4 — External Focus Groups ➢ Step 5 — External Brevard Broad Survey ➢ Phase III ➢ Step 6 — Brand Visualization & Design ➢ Step 7 — Brand Launch ECONOMIC DEVELOPMENT COMMISSION FLORIDA'S SPACE COAST Launching a Legacy FL SPACE COAST Postcards Popup Focus Groups Launching a Legacy FLORIDA'S SPACE COAST Photo Contest Communication ECONOMIC DEVELOPMENT COMMISSION FLORIDA'S SPACE COAST MISSION SPACE COAST ONE VOICE - ONE BRAND ECONOMIC DEVELOPMENT COMMISSION FLORIDA'S SPACE COAST Space Coast FLORIDA CONTACT US WEBSITE: SPACECOASTEDC.ORG/MISSIONSPACECOAST EMAIL: MISSIONSPACECOAST@SPACECOASTEDC.ORG PHONE: 321-638-2000 ECONOMIC DEVELOPMENT COMMISSION FLORIDA'S SPACE COAST CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MAY 16, 2023 AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS Subject: Interview Applicants for appointment to the Board of Adjustment. (Steve Hepp and Adler Moldenhauer) Department: Community and Economic Development Summary: The Board of Adjustment (BOA) is an advisory board to the City Council and consists of seven members. Currently, there are four vacancies. Mr. Hepp and Mr. Moldenhauer are residents of Cape Canaveral and meet the minimum qualification requirements for BOA membership. It is proposed that Mr. Hepp and Mr. Moldenhauer be appointed to fill two of the four vacancies. Should the Council approve the appointments, two vacancies will remain. Per City Code of Ordinances Sec. 2-171(c)(5), any person nominated, elected or appointed to serve on a board or committee of the City shall complete interviews with the Board or Committee on which the person is seeking appointment and with the City Council. At its April 27, 2023 Meeting, the BOA interviewed the two applicants and voted to recommend their appointments. A third applicant, Lewis G. Brewer, was also interviewed and recommended by the BOA, but is unable to attend this meeting due to a scheduling conflict and will be interviewed at a future meeting. Based on the Applicants' interest and willingness to volunteer, it is recommended that Council interview and appoint Mr. Hepp and Mr. Moldenhauer to the BOA. Submitting Department Director: David Dickey Attachments: 1. Board Application (Steve Hepp) 2. Board Application (Adler Moldenhauer) 3. BOA Recommendation Memo 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: Interview Applicants. Approved by City Manager: Todd Morley Attachment 1 City of Cape Canaveral 100 Polk Avenue Cape Canaveral FL 32920-0326 Phone (321) 868-1220 - Fax (321) 868-1248 APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: GENERAL Applicant Name: STEVE HEPP Home Address: 8730 CLARA ELIZABETH LN CAPE CANAVERAL Phone Number: 937-238-0517 Occupation: Retired Business Phone: — Business Address: ---- Email: heppy4u2cgmail.com ELEGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? Yes X No 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? Yes X No 3. Are you a Business owner? 0 Yes 0 No a. If yes, please list the name: NO 4. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. ❑ Yes No X a. If yes, have your civil rights been restored? 0 Yes 0 No Do you presently serve on any other City of Cape Canaveral advisory board or committee? ❑ Yes No X a. If yes, please list each: 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily consent to having a standard background check performed on you by the City of Cape Canaveral? Yes X No Initials: (SH) 7. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? ❑ Yes No X a. If yes, please provide name(s) of person(s) and relationship to you: City of Cape Canaveral Advisory Board Application Pg. 1 INTEREST/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: 2. In numerical sequence (1=most interested), please rank the advisory boards on which you wish to serve: a. I Board of Adjustment* b. Business and Economic Development Board c. Community Appearance Board d. Culture and Leisure Services Board e. Planning and Zoning Board* * Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. Briefly state any prior experiences in serving on any governmental board or committee: SEE ATTACHED 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee. SEE ATTACHED STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Race: 0 African American Gender: X-Male ❑ Asian American 0 Female O Hispanic American ❑ Other X-Caucasian ❑ Other Disability: 0 Physically Disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. City of Cape Canaveral Advisory Board Application Pg. 2 PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for three years from date of submission. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1220 ext. 206 or 207. Signature: Date: 2/7/2023 Please return to: City of Cape Canaveral Office of the City Clerk P.O. Box 326 Cape Canaveral Florida 32920 OFFICE USE ONLY RECEIVED By Daniel LeFever at 2:00 pm, Feb 08, 2023 Enter Date & Time Received City of Cape Canaveral Advisory Board Application Pg. 3 2/7/2023 STEVE HEPP 8730 Clara Elizabeth Lane Cape Canaveral, FL 32920 STEVE HEPP 937.238-0517 heppy4u2egmatcom STEVE HEPP FULL TIME RESIDENT OF CAPE CANAVERAL SINCE 2019 PART TIME (SNOWBIRD) RESIDENT OF CAPE CANAVERAL 2016-2019 PROPERTY OWNED IN CAPE CANAVERAL SINCE 2004 45 YEARS OF EXPERIENCE IN COMMEERCIAL/INDUSTRIAL DESIGN AND CONSTRUCTION. 50 YEARS OF EXPERIENCE IN RESIDENTAL DESIGN PAST MEMEBER OF BOARD OF ZONING APPEALS IN RUSSELLS POINT OHIO PAST MEMBER OF BOARD OF ZONING APPEALS IN ST PARIS OHIO FORMER ZONING INSPECTOR IN ST PARIS OHIO (PART TIME POSITION) CURRENT VOLUNTEER AT CANAVERAL PORT MINISTRY Attachment 2 City of Cape Canaveral 100 Polk Avenue Cape Canaveral FL 32920-0326 Phone (321) 868-1220 — Fax (321) 868-1248 APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: GENERAL Applicant Name: Adler Moldenhauer Home Address: 320 Adams Ave, Cape Canaveral, FL 32920 Phone Number: 321-213-3796 Occupation: ENGINEER / ENTREPRENEUR / SALES MANAGER Business Phone: 716-262-7709 Business Address: 320 Adams Email: Adler@Vectorrindustries.com ELEGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? X- Yes ❑ No 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? X- Yes 0 No 3. Are you a Business owner? X- Yes 0 No a. If yes, please list the name: VECTORR LLC 4. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. ❑ Yes X-No a. If yes, have your civil rights been restored? 0 Yes X- No 5. Do you presently serve on any other City of Cape Canaveral advisory board or committee? ❑ Yes X-No a. If yes, please list each: 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily consent to having a standard background check performed on you by the City of Cape Canaveral? X- Yes 0 No Initials: (Amm) 7. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? ❑ Yes X- No a. If yes, please provide name(s) of person(s) and relationship to you: City of Cape Canaveral Advisory Board Application Pg. 1 INTEREST/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: SERVE COMMUNITY, GET INTO LOCAL POLITICS 2. In numerical sequence (1=most interested), please rank the advisory boards on which you wish to serve: a. 3 Board of Adjustment* b. 2 Business and Economic Development Board c. 4 Community Appearance Board d. 5 Culture and Leisure Services Board e. 1 Planning and Zoning Board* * Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. Briefly state ny prior experiences in serving on any governmental board or committee: NONE 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membersh. on the desired board or committee. MECHANICAL ENGINEER (BS)(PE) PUBLIC SPEAKER STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Race: ❑ African American Gender. X-Male 0 Asian American 0 Female ❑ Hispanic American 0 Other X-Caucasian ❑ Other Disability: 0 Physically Disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN 1S TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. City of Cape Canaveral Advisory Board Application Pg. 2 PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for three years from date of submission. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1220 ext. 206 or 207. Signature: (Signature) Date: 12/29/22 Please return to: City of Cape Canaveral Office of the City Clerk P.O. Box 326 Cape Canaveral Florida 32920 OFFICE USE ONLY RECEIVED JAN 0 6 2023 Enter Date & Time Received City of Cape Canaveral Advisory Board Application - Pg. 3 Attachment 3 Memo Community + Economic Development TO: Cape Canaveral City Council VIA: David Dickey, Community and Economic Development Director (Intital) FROM: Kyle Harris, Senior Planner (Intital) DATE: April 28, 2023 RE: Recommendation to the City Council — Board of Adjustment Applicants (Adler Moldenhauer, Steve Hepp, and Lewis G. Brewer) On April 27, 2023, the Board of Adjustment (BOA) interviewed Adler Moldenhauer, Steve Hepp, and Lewis G. Brewer to fill three of four vacancies on the BOA. The BOA unanimously recommended the Council appoint the three applicants. Based on the interview, BOA recommendation, and their willingness to serve, staff is recommending the Council interview and appoint Messrs. Moldenhauer, Hepp, and Brewer. Please let me know if you have any questions. Thank you. ITEM # 1 DRAFT CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Hybrid Meeting via GoToWebinar Tuesday April 18, 2023 6:00 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 p.m. Council Member Willis led the Pledge of Allegiance. ROLL CALL: Council Members Present: Council Member Mayor Mayor Pro Tem Council Member Kim Davis Wes Morrison Angela Raymond Don Willis Council Member Absent: Council Member Mickie Kellum Others Present: City Manager City Attorney City Clerk Administrative/Financial Services Director Capital Projects Director Community and Economic Development (C+ED) Director C+ED Senior Planner C+ED Chief Resilience Manager C+ED Resilience Engineering Services Manager Public Works Services (PWS) Director PWS Deputy Director/Lab Manager PWS/Infrastructure Maintenance (IM) Manager PWS/IM/Lead Maintenance Specialist/Arborist Executive Assistant to the City Manager/Office Manager Brevard County Sheriff's Office Commander Brevard County Sheriff's Office Lieutenant Todd Morley Anthony Garganese Mia Goforth John DeLeo Jeff Ratliff Dave Dickey Kyle Harris Zachary Eichholz Lexi Miller June Clark Jessica Erdman Dave Coulter Tim Davis Lisa Day Byron Keck Scott Molyneaux APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS: A motion was made by Council Member Willis, seconded by Council Member Davis, to approve the Agenda as written. The motion carried 4-0, with Council Member Kellum absent. PRESENTATIONS/INTERVIEWS: Presentation of Proclamation declaring April 2023 as Parliamentarian Month in the City of Cape Canaveral to National Association of Parliamentarians representative Betti Cogswell: City Manager Morley read the Proclamation while Mayor Morrison presented it to Ms. Cogswell. Ms. Cogswell discussed the history of Robert's Rules of Order, Parliamentary Procedure and thanked Council. City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • April 18, 2023 Minutes • Page 2 of 6 Presentation of Proclamation declaring Friday, April 28, 2023 as Arbor Day in the City of Cape Canaveral to promote urban forestry and awareness: City Manager Morley read the Proclamation while Mayor Morrison presented it to Florida Forest Service, Urban Forestry Partnership Coordinator Matt Kennard. Mr. Kennard thanked Council and expressed interest in working with the City on future grants for urban forest projects. Public Works Services (PWS) Director Clark and PWS Infrastructure Maintenance (IM) Manager Coulter recognized PWS/IM/Lead Maintenance Specialist and City Arborist Tim Davis for his 27 years of dedicated service to the City. Mr. Davis shared personal experiences and pride in accomplishments working for the City and with Staff over the years. C+ED Chief Resilience Manager Eichholz discussed the City's plans for 2023 Earth Day and Arbor Day Tree Giveaway scheduled Tuesday, April 25, 2023 from 11:00 a.m. to 1:00 p.m. at Manatee Sanctuary Park. PUBLIC PARTICIPATION: Bob Levine, resident and property owner, discussed the need for better enforcement related to code violations of parking, clean-up of chemicals, appliances and dumpsters from view on Lincoln Avenue; and discussed opposition to vacation/short-term rental business properties in the City commenting that homeowners have lost their rights. Brad Pervell, resident and property owner, discussed concerns regarding anti-Semitic, ethnic intimidation flyers thrown on his property, expressed frustration after having reported the act to law enforcement and the Federal Bureau of Investigation, encouraged the Council to do more to denounce hate, and suggested a desire to work with the City regarding a program to teach children about the issue. Mayor Pro Tem Raymond discussed the City's 2020 Anti -Hate Proclamation and suggested contacting Staff to view it. Mr. Pervell then discussed concerns regarding the management of the Splash Pad and Canaveral City Park. Andrea Shea -King, resident and property owner, discussed concerns for pedestrians and other residents living around Buchanan and Orange Avenues, regarding vehicles speeding and disobeying stop signs, and suggested the installation of speed bumps. Discussion ensued how drivers on Buchanan Avenue are intent on beating the traffic light and how Staff will meet with Brevard County Sheriff's Office to come up with a solution. John Benton, visitor, discussed a request for a code reduction hearing. Patrick Campbell, resident, discussed desire for the City Council to establish a chemical disposal amnesty day, providing an alternative for residents to clean out their garages locally; and discussed concern regarding coyotes killing pets in the City and surrounding area and expressed desire for Council to either engage the Florida Wildlife Commission or do something to trap and relocate the animals. City Manager Morley urged citizens to take precautions to protect their pets. Kristin Lorti, via webinar, discussed support for municipal government participation, the City's Strategic Planning Retreat and future Workshop Meeting, and commended Council for allowing public to participate in public meetings remotely. Marko Hakamaa, via webinar, discussed support for installation of speed humps on East Central Boulevard due to speeding vehicles. CONSENT AGENDA: Mayor Morrison removed Item 3. City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • April 18, 2023 Minutes • Page 3 of 6 1. Approve the Minutes of the City Council March 21, 2023 Regular Meeting. 2. Resolution No. 2023-04; reappointing members to the Community Appearance Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Bob Nienstadt and Angela Trulock) 3. Direct Staff to collaborate with, and request from, the Florida Department of Transportation and Space Coast Transportation Planning Organization recommendations for and implementation of interim safety measures, plans, and strategies, with partial support from the City's State Road A1A Replenishment Fund. A motion was made by Council Member Willis, seconded by Mayor Pro Tem Raymond, to approve the Consent Agenda Items 1 and 2. The motion carried 4-0, with Council Member Kellum absent. #3 Discussion ensued and included the costs of the Item and how best to use the A1A Replenishment Fund. Resilience Engineering Services Manager Miller discussed the plan to negotiate with Florida Department of Transportation (FDOT) to reasonably carry the brunt of costs to advance interim safety measures along with some planning study costs. Discussion continued regarding Council desire for crosswalks, the meeting scheduled with FDOT the next day where Council Member Willis and Ms. Miller will discuss these issues, how this would allow the City to resolve safety issues now rather than later, and appreciation for efforts that went into the initiative. A motion was made by Council Member Willis, seconded by Mayor Pro Tem Raymond, to approve Consent Agenda Item 3. The motion carried 4-0, with Council Member Kellum absent. PUBLIC HEARINGS: 5. Ordinance No. 04-2023; updating construction standards related to the National Flood Insurance Program (NFIP) and participation in the NFIP's Community Rating System; amending Chapter 90, Article II Floodplain Management; amending Chapter 82, Buildings and Building Regulations; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, second reading: City Attorney Garganese read the title into the record and explained the Item. The Public Hearing was opened. There being no comment, the Public Hearing was closed. Resilience Engineering Services Manager Miller discussed how the community will be impacted regarding the changes to critical infrastructure the NFIP will make. A motion was made by Council Member Davis, seconded by Mayor Pro Tem Raymond, to adopt Ordinance No. 04-2023, at second reading. The motion carried 4-0, with Council Member Kellum absent. ITEMS FOR ACTION: 5. Conditional Mediated Settlement Agreement related to the Special Magistrate Proceeding under Section 70.51, Florida Statutes (Florida Land Use and Environmental Dispute Resolution Act) in the matter Michael DiChristopher and Collete DiChristopher, Petitioner, v. City of Cape Canaveral, Florida, Respondent: City Attorney Garganese explained the Item including the statutory process prompted by the Petitioner. Discussion ensued regarding how the lot split issue would come back to the Council should this Agreement be approved. Attorney Paul Gougelman addressed the Council as Special Magistrate in this matter, explained the mediation process and possible outcomes, discussed the best practice for finding a solution instead of going to court, and urged Council's consideration of the Settlement Agreement. Attorney Kimberly City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • April 18, 2023 Minutes • Page 4 of 6 Rezanka spoke on behalf of the Petitioner, discussed the history of the lot split issue, and requested Council approve the Settlement Agreement. Patrick Campbell, resident, discussed opposition the Settlement Agreement. Marko Hakamaa, resident, discussed opposition to the request for hardship. City Attorney Garganese raised a point of order that Council must only consider the Settlement Agreement rather than variances or hardships so as not prejudice themselves. Discussion ensued and included how the City is currently in the Florida Land Use and Environmental Dispute Resolution Act process and the options before the Council. Mayor Morrison recessed the meeting at 7:43 a.m. The meeting reconvened at 8:01 p.m. Discussion continued regarding the technical aspects of the Florida Land Use and Environmental Dispute Resolution Act. A motion was made by Council Member Davis, seconded by Mayor Pro Tem Raymond, to approve the Conditional Mediated Settlement Agreement. Discussion ensued and included next steps depending on approval or denial, support for and against approval of the Settlement Agreement, and the Petitioners' choice to move through the statutory process rather than submittal of a modified lot split plan outside of same. The motion carried 3-1, with Council Member Kellum absent and Mayor Morrison voting against. 6. Approve proposal from L7 Construction, Inc. in the amount of $1,380,070 for the complete rehabilitation of two clarifiers at the Water Reclamation Facility and authorize the City Manager to execute same: City Manager Morley explained the Item. Discussion ensued and included the original estimated cost of $1.2M for the project prior to going out for bid, the difference in warranty between the two companies, why the higher bid was not considered, the criteria Staff must follow to consider the lowest bid first, how in some cases the lowest bid may not always be taken based on certain criteria, and how some company bids may reflect a higher dollar amount based on how busy the company is at the time. A motion was made by Council Member Davis, seconded by Mayor Pro Tem Raymond, to approve the proposal from L7 Construction, Inc. Discussion ensued regarding how the anticipated cost estimate was more than double to the L7 bid and why Ovivo did not submit a bid for the project. Capital Projects Director Ratliff discussed Tetra Tech's engineer estimate was $2M and that company was pleased to see the City receive such a low bid for the project. The motion carried 3-1, with Council Member Kellum absent and Mayor Morrison voting against. 7. Approve four (4) proposed resilience -based project funding matches, of up to a combined $150,000 in the City's 2023/2024 Fiscal Year budget, for Hazard Mitigation Grant Program Applications for critical energy backup needs and flood mitigation: City Manager Morley explained the Item. Chief Resilience Manager Eichholz discussed the benefits of having additional pumps for flood mitigation. A motion was made by Council Member Willis, seconded by Council Member Davis, to approve Item 7. The motion carried 4-0, with Council Member Kellum absent. 8. Schedule a date and time in May 2023 for a City Council Workshop to review the Draft Summary Report for Projects presented at the Strategic Planning Retreat of March 29, 2023: City Manager Morley explained the purpose for having the Workshop meeting, presentation of the Items from the Strategic Planning Retreat for Council review and direction to Staff, and the proposed date of May 16, 2023 just prior to the City's 60t" Anniversary Celebration planned the same day in the City Hall lobby. Discussion ensued and included the typographical error on the Agenda Summary should reflect Tuesday, May 16, 2023, support for May 16, 2023, and how the draft Summary Report from Doug Thomas will be submitted in time. Council reached consensus City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • April 18, 2023 Minutes • Page 5 of 6 to have the Workshop meeting on Tuesday, May 16, 2023. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Willis, to start the Workshop at 5:30 p.m. Discussion continued regarding desire for having more time for the Workshop prior to the Regular City Council meeting, accommodating the 60th Celebration event, how thirty minutes may not be unrealistic based upon Council familiarity of the handful of projects, and compromising with a forty-five minute meeting. The motion failed 2-2, with Council Member Kellum absent, Mayor Morrison and Council Member Willis against. Discussion ensued. A motion was made by Council Member Willis, seconded by Mayor Morrison, to have the Workshop from 5:00 p.m. to 6:00 p.m. The motion failed 2-2, with Council Member Kellum absent, Council Member Davis and Mayor Pro Tem Raymond against. Discussion continued regarding a third motion as a compromise to accommodate for both the Celebration and the Workshop prior to 6:00 p.m. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Davis, to start the Workshop at 5:15 p.m. The motion carried 4-0, with Council Member Kellum absent. ITEM FOR DISCUSSION: 9. Discuss the installation of DrownZero stations near public beach crossovers in collaboration with the Cocoa Beach Rotary Club: City Manager Morley explained the Item. Senior Planner Harris discussed the details of the Item and statistics on drownings in Brevard since Thanksgiving 2021. Patrick Bols, Cocoa Beach Rotary Club, discussed occasional vandalism of the station poles, replacement of rings, and the annual $500 fee for adoption/sponsors. Discussion ensued regarding approval of appropriate signage for the ready-made station, maintenance, support for the stations, and the need for county -wide coverage to make beaches safer. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Davis, to authorize the installation of DrownZero stations by Public Works Services Staff. The motion carried 4-0, with Council Member Kellum absent. Council thanked Mr. Bols. REPORTS: Council Member Davis discussed working with the Space Coast League of Cities and following State Legislation. Council Member Willis discussed plans to meet with Florida Department of Transportation along with Resilience Engineering Services Manager Miller on the 3R Project to discuss promoting the projects in City, including pushing forward the crosswalks, and touring autonomous mobility options at the BEEP, Inc. facilities in Orlando with SCTPO Citizen Advisory Committee Member Arlyn DeBlauw. Mayor Pro Tem Raymond discussed attending the Strategic Planning Retreat on March 29, 2023 and the Florida League of Cities Legislative Action Days the first week of April proposing affordable housing and home rule initiatives to local Senators and Representatives, and the City -hosted Space Coast League of Cities meeting on April 10, 2023. City Manager Morley discussed being happy to be home from France and looking forward to the upcoming Coffee with the City Manager on April 21, 2023 at Manatee Sanctuary Park. Commander Keck noted the Coffee with the Cop on April 3, 2023. Discussion ensued regarding the hate propaganda/flyers in plastic baggies that were thrown into citizens yards, and bringing back the City's Anti -Hate Proclamation for an update/sharing on social media. City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • April 18, 2023 Minutes • Page 6 of 6 Chief Resilience Manager Eichholz discussed Staff should be receiving a finalized quote in June for Electric Vehicle Charging stations with City branding. ADJOURNMENT: The Meeting was adjourned at 9:28 p.m. Wes Morrison, Mayor Mia Goforth, City Clerk CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MAY 16, 2023 AGENDA ITEM SUMMARY • ITEM # 2 Subject: Resolution No. 2023-05; appointing Members to the Board of Adjustment of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Steve Hepp and Adler Moldenhauer) Department: City Clerk's Office Summary: On April 27, 2023, the Board of Adjustment (BOA) interviewed Lewis G. Brewer, Steve Hepp, and Adler Moldenhauer to fill three of four vacancies on the BOA. The BOA unanimously recommended the Council appoint the three applicants. Mr. Brewer is not available to attend tonight's Meeting; Staff will prepare interview and appointment agenda items for Mr. Brewer at a future Council Meeting. Mr. Hepp and Mr. Moldenhauer will be filling the remainder of two existing, unexpired terms that will end October 1, 2023. These existing, unexpired terms are rollover vacancies that have existed for many years. Due to the short nature of the remaining time left on these terms, Staff has prepared Resolution No. 2023-05 (Attached) to also appoint Mr. Hepp and Mr. Moldenhauer to a three-year term each, beyond the October 1, 2023 expiration date, to serve until October 1, 2026. This method retains the staggering of terms. Following the completion of their terms, Mr. Hepp and Mr. Moldenhauer shall be eligible for reappointment to the BOA, consistent with the limitations set forth in Section 2-171(f), City Code. It is now incumbent upon Council to appoint Members to the BOA. Submitting Department Director: Mia Goforth Attachment: Resolution No. 2023-05 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: Adopt Resolution No. 2023-05. Approved by City Manager: Todd Morley RESOLUTION NO. 2023-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; APPOINTING MEMBERS TO THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Section 110-26 established a Board known as the Board of Adjustment; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint members to said Board. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. Section 2. Appointment to City Advisory Board. Pursuant to Section 2-171(e) of the Cape Canaveral City Code, the City Council of the City of Cape Canaveral hereby appoints the following individuals to Board of Adjustment: Steve Hepp and Adler Moldenhauer shall be appointed to existing, unexpired terms, which end October 1, 2023, and to new three-year terms beyond that date, to serve until October 1, 2026. Following completion of this term, these appointee shall be eligible for reappointment, consistent with the limitations set forth in section 2-171(f), City Code. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 16th day of May, 2023. City of Cape Canaveral Resolution No. 2023-05 Page 1 of 2 ATTEST: Mia Goforth, CMC, City Clerk Wes Morrison, Mayor Name FOR AGAINST Kim Davis Mickie Kellum Wes Morrison Angela Raymond Don Willis Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No. 2023-05 Page 2 of 2 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MAY 16, 2023 AGENDA ITEM SUMMARY • ITEM # 3 Subject: Resolution No. 2023-08; amending Appendix B, Schedule of Fees of the City Code to include registration and inspection fees related to golf carts under Chapter 74, Article IV of the City Code, providing for the repeal of prior inconsistent resolutions, incorporation into the Code, severability and an effective date. Department: Community and Economic Development Summary: At its March 21, 2023 Regular Meeting, City Council adopted Resolution No. 2023-03, which approved a local Golf Cart Network Map, authorized the purchase and installation of appropriate signage, and incorporated the approved Golf Cart Network Map into Chapter 74, Article IV of the City Code. At this meeting, Council was also informed that a resolution establishing fees for the registration of golf carts would be brought forward at the May City Council meeting. Consistent with Sec. 74-81 of Ordinance No. 04-2022, all golf carts must be registered and inspected to ensure the golf cart is road worthy and that the required equipment is installed and working properly. A listing of required equipment is contained in Sec. 74-80 of said Ordinance. Inspections of golf carts will be conducted by Code Enforcement Staff and, if the inspection is passed, a registration decal will be issued for the golf cart. Resolution No. 2023-08 (Attachment 1), if adopted, will amend Appendix B, Schedule of Fees, of the Cape Canaveral Code of Ordinances to include the following fees: 1. $150.00 for initial golf cart registration (valid for 1 year) 2. $100.00 for annual renewal of golf cart registration These fees are intended to offset anticipated administrative expenses and are based on the City of Satellite Beach's registration and renewal fees (Attachment 2). Fees for violations to golf cart program requirements are already established by Sec. 74-57 of City Code. Submitting Department Director: David Dickey Attachment: 1. Resolution No. 2023-08 2. City of Satellite Beach Fees 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: Adopt Resolution No. 2023-08. Approved by City Manager: Todd Morley Attachment 1 RESOLUTION NO. 2023-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING APPENDIX B, SCHEDULE OF FEES OF THE CITY CODE TO INCLUDE REGISTRATION AND INSPECTION FEES RELATED TO GOLF CARTS UNDER CHAPTER 74, ARTICLE IV OF THE CITY CODE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral 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, home rule enables the City to provide a schedule of fees for carrying out the City's responsibility to administer and enforce the City Code; and WHEREAS, Section 166.201, Florida Statutes specifically authorizes a municipality to impose user charges or fees which are necessary for the conduct of municipal government; and WHEREAS, the City Council desires to update its schedule of fees to more efficiently recover the costs associated with recent City regulations adopted by the City Council related to the operation of golf carts on City roads pursuant to Sections 316.212; 316.2122, Florida Statutes and Ordinance No. 04- 2022 and Resolution No. 2023-03; and WHEREAS, the City Council believes updating the City's fee schedule will more accurately reflect the cost of providing these services and recovering the financial burden placed upon the General Fund for providing services to the public related to the regulation of golf carts on City roads; and WHEREAS, the City Council finds this Resolution to be in the best interest of the public health, safety and welfare of the citizens of Cape Canaveral. 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 incorporated herein by this reference as part of this Resolution. Section 2. Amendment to Appendix B, Schedule of Fees. Appendix B, Schedule of Fees, to the Cape Canaveral Code of Ordinances, is hereby amended to include the following fees related to Chapter 74, Article IV of the City Code regulating the operation of golf carts on City roads as follows (underlined (adding to the Code). type indicates additions and strikeout (Stricken from Code). type indicates deletions, while Chapters not stated below, and type not underlined or struckout shall remain the same as the language existing prior to adoption of this Resolution): City of Cape Canaveral Resolution No. 2023-08 Page 1 of 3 Appendix B - SCHEDULE OF FEES Printed herein are the fees, rates and charges established by resolution of the city council. Subpart A. General Ordinances Chapter 74 - Traffic and Vehicles Article IV. Operation of Golf Carts and Low -Speed Vehicles on Roads (a) Initial registration of golf carts (valid 1 year) (b) Annual renewal registration of golf carts *** Amount Code Section $150.00 74-81(a) 100.00 74-81(a) Section 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Council are hereby expressly repealed to the extent of the conflict. Section 4. Incorporation Into Appendix B, Schedule of Fees. This Resolution shall be incorporated into Appendix B, Schedule of Fees, to the City of Cape Canaveral City Code and any section or paragraph, number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and like errors may be corrected and additions, alterations and omissions, not affecting the construction or meaning of this Resolution and the City Code may be freely made. Section 5. Severability. If any section, clause, phrase, word or provision is for any reason held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural reasons, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. Section 6. Effective Date. This Resolution shall become effective immediately. ADOPTED in a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, this 16th day of May, 2023. City of Cape Canaveral Resolution No. 2023-08 Page 2 of 3 Mia Goforth, CMC, City Clerk Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney Wes Morrison, Mayor ATTEST: FOR AGAINST Kim Davis Mickie Kellum Wes Morrison Angela Raymond Don Willis City of Cape Canaveral Resolution No. 2023-08 Page 3 of 3 5/8/23, 4:46 PM Satellite Beach, FL Code of Ordinances Sec. 34-106. - Permit application; registration; decal. Attachment 2 (a) All low speed vehicles operating on streets or designated ways shall, prior to such operation, be registered with the city on an annual basis as provided herein. A registration decal provided by the city must be visibly affixed to each registered low speed vehicle on the rear bumper of that vehicle. The registration decal must be current at all times the low speed vehicle is operated on streets or designated ways. (b) Each person who owns and wishes to operate a low speed vehicle on streets or designated ways must apply for a permit with the police department to operate and register that vehicle with the city. The application shall include the name(s) and address(es) of the owner(s) of the low speed vehicle, copies of current driver's license(s) of all persons who own the low speed vehicle, and proof of insurance required by F.S. § 316.2122, which insurance must be kept in effect at all times (c) Each permit application shall be accompanied by a $150.00 permit/registration fee.(Highlighted-Yellow) Any permit/registration issued by the city shall be valid for one year from the date of issuance and must be renewed annually. The renewal permit/registration fee shall be $100.00 for each year of renewal of the same low speed vehicle. (Highlighted-Yellow) (Ord. No. 1166, § 2, 9-19-18; Ord. No. 1211, § 2, 1-19-22) about:blank 1/1 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MAY 16, 2023 AGENDA ITEM SUMMARY • ITEM # 4 Subject: Resolution No. 2023-09; amending Appendix B, Schedule of Fees of the City Code to include fees related to application fees related to Small Hauler Construction & Demolition Debris collection under Section 62 of the City Code, providing for the repeal of prior inconsistent resolutions, incorporation into the Code, severability and an effective date. Department: Community and Economic Development Summary: At its February 21, 2023 Regular Meeting, the Council approved Ordinance No. 02-2023 amending the Solid Waste Agreement between the City and Waste Pro of Florida, Inc. During the course of the discussion, it was determined that Waste Pro's franchise agreement does not have exclusivity for containers that are 20 cubic yards or smaller. Council stated a desire to provide more choices and quicker service for citizens with respect to solid waste disposal for containers of 20 cubic yards or smaller. Subsequently, the City has received two applications for Small Hauler Franchise Agreements, which will be considered by the Council at the May 16, 2023 Regular Meeting. Resolution No. 2023-09 (Attachment 1), which if adopted, will amend Appendix B, Schedule of Fees, of the Cape Canaveral Code of Ordinances to establish a $1,000.00 application fee for Small Hauler Construction and Demolition Debris service providers. These fees are intended to offset anticipated administrative expenses related to the City's administration of the Small Hauler franchise agreements. In order to accommodate an expedited approval, the two small hauler applications presented later in this agenda have each submitted $1,000.00 application fees, in anticipation of Council approval of this item. If City Council does not approve this item, or if City Council changes the fee, the monies will be returned to the two Applicants. Submitting Department Director: David Dickey Attachment: 1. Resolution No. 2023-09 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: Adopt Resolution No. 2023-09. Approved by City Manager: Todd Morley RESOLUTION NO. 2023-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING APPENDIX B, SCHEDULE OF FEES OF THE CITY CODE TO INCLUDE FEES RELATED TO APPLICATION FEES RELATED TO SMALL HAULER CONSTRUCTION & DEMOLITION DEBRIS COLLECTION UNDER SECTION 62 OF THE CITY CODE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral 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, home rule enables the City to provide a schedule of fees for carrying out the City's responsibility to administer and enforce the City Code; and WHEREAS, Section 166.201, Florida Statutes specifically authorizes a municipality to impose user charges or fees which are necessary for the conduct of municipal government; and WHEREAS, the City Council desires to update its schedule of fees to more efficiently recover the costs associated with recent City regulations adopted by the City Council related to small hauler construction and demolition debris service providers; and WHEREAS, the City Council believes updating the City's fee schedule will more accurately reflect the cost of providing these services and recovering the financial burden placed upon the General Fund for providing services to the public related to the regulation of small hauler construction and demolition debris service providers; and WHEREAS, the City Council finds this Resolution to be in the best interest of the public health, safety and welfare of the citizens of Cape Canaveral. 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 incorporated herein by this reference as part of this Resolution. Section 2. Amendment to Appendix B, Schedule of Fees. Appendix B, Schedule of Fees, to the Cape Canaveral Code of Ordinances, is hereby amended to include the following fees related to Section 62 of the City Code regulating the operation of Small Hauler Construction and Debris service providers as follows (underlined type indicates additions and strikeout type indicates deletions, while Chapters City of Cape Canaveral Resolution No. 2023-09 Page 1 of 3 not stated below, and type not underlined or struckout shall remain the same as the language existing prior to adoption of this Resolution): Appendix B - SCHEDULE OF FEES Printed herein are the fees, rates and charges established by resolution of the city council. Subpart A. General Ordinances Chapter 62 — Solid Waste Amount Code Section (e) Application Fee — Small Hauler Franchise _ 1,000.00 62-7 *** Section 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Council are hereby expressly repealed to the extent of the conflict. Section 4. Incorporation Into Appendix B, Schedule of Fees. This Resolution shall be incorporated into Appendix B, Schedule of Fees, to the City of Cape Canaveral City Code and any section or paragraph, number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and like errors may be corrected and additions, alterations and omissions, not affecting the construction or meaning of this Resolution and the City Code may be freely made. Section 5. Severability. If any section, clause, phrase, word or provision is for any reason held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural reasons, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. Section 6. Effective Date. This Resolution shall become effective immediately. ADOPTED in a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, this 16th day of May, 2023. [Signature Page Follows] City of Cape Canaveral Resolution No. 2023-09 Page 2 of 3 Wes Morrison, Mayor Name FOR AGAINST Kim Davis Mickie Kellum Wes Morrison Angela Raymond Don Willis ATTEST: Mia Goforth, CMC, City Clerk approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No. 2023-09 Page 3 of 3 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MAY 16, 2023 AGENDA ITEM SUMMARY • ITEM # 5 Subject: Approve proposal from Kimley Horn and Associates, Inc. (KHA) in the amount of up to $77,500 for the planning and designing of a low impact development -based bioswale at Veterans Memorial Park and authorize City Manager to execute the same. Department: Capital Projects/Community and Economic Development — Resilience Division Summary: In 2022, the City of Cape Canaveral (City) and Stetson University received a $50,000 "Stage 1" planning grant from the National Science Foundation (NSF) to implement community - driven, nature -based infrastructure in order to mitigate flooding in the City and improve local water quality in the Banana River Lagoon. Such nature -based infrastructure would utilize a practice called low impact development (LID), which refers to systems that incorporate or mimic natural processes that result in the infiltration, evapotranspiration, and use of stormwater to reduce impacts on surrounding watersheds. Between November 2022 and February 2023, three community workshops were held to gather resident feedback and ideas regarding practical LID solutions that could be implemented within the City. The feedback obtained in these three sessions helped to inform the application of a "Stage 2" NSF grant worth up to $1 million in funding for infrastructure implementation. The application/project proposal for the "Stage 2" NSF grant was submitted in March 2023, with funding award to be announced in the summer of 2023 and made available starting October 1, 2023. Based on the feedback from workshop attendees and prior surveys, the Staff project team applied for grant funding to enhance and beautify an existing dry retention pond into a bioswale located in the southwest corner of Veterans Memorial Park — located adjacent to the intersection of Taylor and Orange Avenues — which is already set to see a revitalization through the course of 2023 via a separate project. To make this project eligible and feasible for NSF grant funding, it needs to be "shovel -ready", meaning a planning and design effort must be completed. For this planning and design work, Staff reached out to KHA, who is already designing the Veterans Memorial Park enhancement project and who also served as a grant partner for the "Stage 2" NSF grant submittal. KHA has indicated that they can incorporate this as a revision to the current design effort. Per the NSF's "Stage 2" grant requirements, the project must be completed within twelve months of funding being available, allowing fora project timeline from start to finish of October 1, 2023, to September 30, 2024. Due to this accelerated timeline, Staff intends to begin design work as soon as possible so that the project is "shovel -ready" if and when grant funding is awarded to the City, allowing for certainty that the bioswale can be completed within the allotted twelve months. The KHA design proposal for this bioswale is included as Attachment 1. Concept renderings for the enhanced bioswale are included in Attachment 2. This bioswale — also known as a rain garden — will be able to hold more stormwater runoff and have better nutrient treatment capabilities due to its enlarged size and diversification of Florida -native and Florida -friendly plants throughout than what the current dry retention pond can do. Rocks will also be added for soil stabilization and erosion control. Through this grant cycle, the NSF is seeking projects that can be both scalable and City of Cape Canaveral City Council Meeting • May 16, 2023 Agenda Item # 5 Page 2 of 3 replicable within municipalities of all sizes across the country as government entities try to adapt to an increasing frequency of severe storm systems and subsequent flood events. Staff believes this project could not only serve the community with the tangible benefits of flood mitigation and nutrient reductions but also serve as a pilot program that can allow for proper LID -based training and best management practices relating to "green infrastructure". This bioswale concept can be scaled and replicated at other stormwater-critical and vulnerable areas of the City and the Presidential Streets, following inline with recommendations set forth within the Presidential Streets Master Plan. The KHA product will include a probable cost of construction estimate. This early design work will also allow for the analyzing of opportunities to route additional stormwater runoff from Taylor and Orange Avenues to the proposed bioswale enhancement area for additional stormwater storage and treatment. The NSF grant funding, if obtained, would offset the cost of construction. Of the $1 million applied for, the City would directly receive $525,000, with the remaining amount going to grant partners for their own project -related work, equipment, and staffing. A list of benefits of this LID -based bioswale area would consist of the following: • Less hydrological stress on the Center Street Basin • Reduce the chances of urban flooding in the area • TMDL credits through the Florida Department of Environmental Protection • Mitigate stormwater runoff out of the Banana River Lagoon • Improved local water quality • Beautification of the surrounding area of the updated Veterans Memorial Park • Educational opportunities • Scientific monitoring opportunities with university partners • Continuing to lead by example as a model coastal municipality The existing redevelopment project of Veterans Memorial Park will still occur, regardless of the NSF grant award and associated bioswale project. If grant funding is not received via the NSF, Staff will pursue other methods of external funding to enhance the existing pond to some degree, including those from the Indian River Lagoon National Estuary Program or through the Save Our Indian River Lagoon (SOIRL) Program. This project is believed to be the largest grant -related collaborative effort ever undertaken by the City. Grant partners on this initiative include: 1. City of Cape Canaveral 2. Stetson University's Institute for Water and Environmental Resilience 3. Kimley-Horn Associates 4. Marine Resources Council 5. Brevard Zoo 6. St. Johns River Water Management District 7. Ferguson Waterworks 8. Riverside Conservancy 9. Florida Sea Grant/UF/IFAS City of Cape Canaveral City Council Meeting • May 16, 2023 Agenda Item # 5 Page 3 of 3 10. East Central Florida Regional Planning Council 11. Indian River Lagoon National Estuary Program 12. National Science Foundation 13. City of Cocoa Beach (only as an observer) 14. Embry -Riddle Aeronautical University Submitting Department Director: Tim Carlisle for Jeff Ratliff/David Dickey Attachments: 1. Kimley Horn and Associates LID -based bioswale project proposal 2. Artistic renderings Financial Impact: Up to $77,500 to Kimley Horn and Associates, Inc. for the planning and designing of a low impact development -based bioswale at Veterans Memorial Park funded by the Stormwater 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 actions: Approve proposal from Kimley Horn and Associates, Inc. in the amount of up to $77,500 for the planning and designing of a low impact development -based bioswale at Veterans Memorial Park and authorize City Manager to execute the same. Approved by City Manager: Todd Morley Attachment 1 Kimley ))Horn March 8, 2023 Revised April 24, 2023 Mr. Tim Carlisle Capital Projects Deputy Director City of Cape Canaveral 100 Polk Ave — P.O. Box 326 Cape Canaveral, FL 32920 Re: Veteran's Memorial Park Cape Canaveral, FL Dear Mr. Carlisle: Pursuant to your request, Kimley-Horn and Associates, Inc. ("Kimley-Horn" or "Consultant") is pleased to submit this letter agreement (the "Agreement") to the City of Cape Canaveral ("Client") to provide consulting services for the planning and design of the subject property (the "Project"). Our project understanding, scope of services, schedule and fees are as follows: PROJECT UNDERSTANDING Kimley-Horn understands that the Client would like to develop a rain garden at Veteran's Memorial Park by utilizing the existing dry retention pond located at the southern side of the site. Kimley-Horn also understands that the Client would like to analyze the possibility of routing additional stormwater from the adjacent streets of Taylor Ave. and Orange Ave through the proposed rain garden for additional stormwater treatment. Kimley-Horn has assumed the following in preparation of our Scope of Services: • Boundary, topographic, and tree survey will be provided by the Client. • The project will be permitted in one (1) phase. Phased submittals, including early site work permits and separate bid packages, are not included in this scope. • Geotechnical engineering will be provided by the Client. • Environmental analysis/permitting and biological assessments/permitting will be provided by the Client. • The proposed development will require an Environmental Resource Permit through the St. Johns River Water Management District. • FEMA and/or floodplain impact design and permitting is not included in this scope. • Retaining wall design is not anticipated; however, if required, will be provided by the Client through a separate consultant or design -build contractor. Where necessary, the Consultant will provide Top of Wall / Bottom of Wall elevations within our plans for reference by the wall designer and/or contractor. Based on the above information, we have prepared the following Scope of Services, Schedule and Fees: SCOPE OF SERVICES Task 1 — Initial Research, Data Collection, and Review Kimley-Horn proposes to perform initial due diligence analysis for the subject property, consisting of the tasks specifically stated below. kimley-horn.com 189 South Orange Avenue, Suite 1000, Orlando, Florida 33801 407-898-1511 Kimley ))Horn Page 2 • Conduct site visit to identify development opportunities/constraints. • Determine the approximate location of the existing infrastructure that is currently on -site. • Review SCS soils map/geotechnical reports. • Identify existing hydrologic connections to off -site parcels. • Research existing permits for the site. • Obtain previous SJRWMD Permits for the site and applicable surrounding areas. • Review aerial photography. • Review existing drainage and site information and provide information for site development and determine general design information for the proposed rain garden. • Attend one (1) review meeting to discuss information obtained during research. Task 2 — Preliminary Drainage Study Preliminary Drainage Analysis The Consultant will perform drainage analysis by delineating the basin boundaries by using survey information provide by Client. The Consultant will analyze and determine seasonal high-water elevations within the existing retention pond utilizing the information provided in the geotechnical report provided by the Client. Drainage analysis will also include analyzing the existing basins of Taylor Ave from Poinsettia Ave to Orange Ave, as well as Orange Ave from Polk Ave to Taylor Ave, identifying the recommended conceptual drainage design for the Project. Preliminary Stormwater Management Analysis The Consultant will calculate the stormwater quality and attenuation requirements and estimate the stormwater management facility needs for the proposed project. The Consultant will schedule a pre -application meeting with the St. Johns River Water Management District (SJRWMD). During the meeting, the Consultant will provide meeting notes and distribute meeting notes to the attendees. Preliminary Drainage Map Hydrology Delineate drainage basin boundaries to be used in defining the system hydrology. Basin delineation will incorporate survey information provide by Client, and will be supplemented, as necessary, with other appropriate data sources (such as permitted site plans). Conceptual Drainage Design Prepare a conceptual drainage design for the proposed rain garden. The required services include the establishment of locations for outfalls and for a conceptual design of stormwater treatment and attenuation which will comply with rules of the City of Cape Canaveral and the SJRWMD. Task 3 — Drainage Analysis The Consultant will analyze and document Drainage Tasks in accordance with applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums including City of Cape Canaveral Standards. The Consultant will design a rain garden system to serve the Veteran's Memorial Park project, and potential roadway runoff from portions of Taylor Ave and/or Orange Ave. The Consultant will coordinate with the City of Cape Canaveral and SJRWMD for the permitting of the stormwater management system. The work will include the engineering analyses for the following: Drainage Map Hydrology Create a (pre and post condition) working drainage basin maps to be used in defining the system hydrology. This map will incorporate drainage basin boundaries, survey information provided by Client to define the system. Basin delineations will also include applicable existing collection systems to aid kimley-horn.com 189 South Orange Avenue, Suite 1000, Orlando, Florida 33801 407-898-1511 Kimley»>Horn Page 3 in the development of the hydraulic model. This task includes coordination hours needed to convey drainage hydrologic features onto produced drainage maps. Design of Stormwater Management Facility Design stormwater management facilities to meet requirements for stormwater quality treatment and attenuation. Develop proposed rain garden layout (contributing drainage basin, shape, contours, slopes, volumes, tie-ins, etc.), perform routing, pollutant/nutrient loading calculations, recovery calculations, and design the outlet control structure. Design of Storm Drains Delineate contributing drainage areas, determine runoff, and inlet and/or flume locations. Determine design tailwater and, if necessary, outlet scour protection. Task 4 — Site Civil Construction Plans Based on the approved final concept plan, Kimley-Horn will provide final site civil engineering and design services for the preparation of one (1) set of construction documents (CDs) and specifications for the subject project to include the following: Cover Sheet The cover sheet includes plan contents, vicinity map, legal description and team identification. Existing Conditions Plan This sheet will include and identify the required demolition of the existing items to be cleared, demolished and/or removed prior to construction of the proposed site and facilities improvements. It will also include the boundary and topographic survey (provided by Client). Stormwater Pollution Prevention Plan This sheet will include and identify stormwater best management practices for the construction of the proposed site including erosion and sedimentation control measures. This sheet will also show stormwater management areas, applicable details, and specifications. Site Plan Kimley-Horn shall prepare a Site Plan, as indicated above, with associated infrastructure. Site Plan shall include the following: site geometry, landscape island locations and dimensions; storm water retention area locations and dimensions; boundary dimensions; dimensions and locations of pedestrian walks; and specifications. Grading and Drainage Plan Kimley-Horn shall prepare a plan for the site grading and drainage systems to include: stormwater management system (rain garden); storm sewer collection system; pipe materials and sizing; grate and invert elevations; curbs; horizontal control; sidewalks; spot elevations and elevation contours; and construction details and specifications. Note: Any structural retaining walls are not included with this scope, and/or shall be designed and permitted by others. Civil Details and Construction Specifications Kimley-Horn will prepare detail sheets showing the paving and erosion control details required for civil site construction. Additionally, Kimley-Horn will prepare the general construction notes and specifications for the site civil portions of the project. These notes and specifications will be included in the civil construction drawings on the plan sheets. Preparation of additional specifications for inclusion into a separate specification book or project manual is not included in this Scope. Off -site improvements are not included in this Task. The plans developed under this task will kimley-horn.com 189 South Orange Avenue, Suite 1000, Orlando, Florida 33801 407-898-1511 Kimley ))Horn Page 4 be used for permitting, bidding, and construction. Public involvement meetings are not anticipated and therefore are not included. Task 5 — Landscape Plan Kimley-Horn will prepare Landscape Construction Drawings in accordance with the City of Cape Canaveral regulations and LID best management practices. The landscape plans will with depict strategic placement of plantings, gravel, and other natural materials to help treat stormwater as it enters the project area. The Landscape Plans will show new plant material locations as they relate to the detention basin and other site elements. Included in these sheets will be a planting schedule specifying recommended plant species, size, specifications, and details/specifications illustrating recommended installation methods and requirements. Deliverables for this task will include one (24"x36") set of reproducible drawings in PDF format to be included as part of the civil plan permitting submittal. The effort for this task includes addressing two (2) rounds of ordinary and reasonable comments from the jurisdiction. Task 6 - Agency Permitting and Comment Response Kimley-Horn shall prepare and submit on the Owner's behalf required permitting packages for review/approval of construction documents, and attend meetings required to obtain the following agency approvals: ■ City of Cape Canaveral Site Plan Review ■ Saint Johns River Water Management District Environmental Resource Permit Responding to requests for additional information beyond what is normal and customary, and responding to permitting issues beyond our control are outside of this scope of services and will be provided, as needed, as an Additional Service only after prior written authorization by Owner. Efforts to respond to issues raised during the permitting process, which cannot currently be anticipated, shall be considered Additional Services. The permit applications listed above are assumed to be the only permit submittals that will be made by the Consultant at this time. If additional permit submittals are required or additional agency permits are required, those permit packages and applications will be considered an additional service and can be billed as an additional service. Task 7 — Meetings and Coordination Kimley-Horn will attend meetings and/or conference calls as requested by the Client and initiate coordination meetings with the design team, reviewing agencies, and other parties, as needed to support the design process. Kimley-Horn will attend up to ten (10) hours of meetings for this task to support the project. Task 8 — Project Manual Assistance Utilizing Client provide front end documents and contract language, Kimley-Horn shall develop a complete Project Manual consisting of the following: ■ Cover ■ Table of Contents ■ Division 0 (modifications pertaining to the project only including Bid Form) kimley-horn.com 189 South Orange Avenue, Suite 1000, Orlando, Florida 33801 407-898-1511 Kimley ))Horn Page 5 ■ Division 1 (modifications pertaining to the project only) ■ Division 2-16 — all specs will be provided on plan sheets or provide in CSI format for inclusion into the Project Manual if not on the plan sheets or by reference to City and/or FDOT standard specifications. Kimley-Horn will provide a draft set of front-end docs and Project Manual for City review, make one (1) round of comments and provide a final PDF and electronic copy of all Word Documents for City use. Task 9 — Geotechnical Fieldwork Kimley-Horn, through the use of a licensed Geotechnical Engineer, will perform the field exploration as described in the attached Terracon proposal. ADDITIONAL SERVICES Any services not specifically provided for in the above scope, as well as any changes in the scope 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: A. Illustrative renderings based on site plan modifications B. Additional Plan Evaluations and Preliminary Design C. Roadway improvements D. Traffic Studies/Coordination E. Public Meetings, Annexation and/or Easement Coordination F. Submittals for Planned Development Modifications or Comprehensive Plan Amendments G. Civil Engineering or Landscape Design and Permitting beyond the scope listed above H. Flood Study or FEMA LOMR Design and Permitting I. Environmental Services (including Wetlands, Phase 1 or Natural Resources) J. Coordination with AHJ Electric or other Utilities (other than water or sewer) K. Any item not specifically mentioned in our Scope of Services INFORMATION PROVIDED BY CLIENT The Client will provide any information upon which Kimley-Horn will rely. This may include, but is not limited to: A. Access to Property B. Environmental reports C. All Application/Permit Fees, if applicable D. Surveys, Boundary and Topographic Survey in AutoCAD and PDF format E. Building Footprints in AutoCAD format for use, if applicable SCHEDULE Kimley-Horn will provide our services as expeditiously as practicable based on a mutually agreed upon schedule. This Agreement is made in anticipation of 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. FEE AND BILLING kimley-horn.com 189 South Orange Avenue, Suite 1000, Orlando, Florida 33801 407-898-1511 Kimley ))Horn Page 6 Kimley-Horn will perform the services described in Tasks 1-5 and 8-9 on a lump sum plus expense basis. Tasks 6-7 will be performed on an hourly basis up to the budget outlined below and then will halt services until additional budget is authorized. TASKS FEE 1 Initial Research, Data Collection, and Review $2,900 2 Preliminary Drainage Study $7,750 3 Drainage Analysis $10,000 4 Site Civil Construction Plans $18,500 5 Landscape Plan $9,800 6 Agency Permitting and Comment Response $10,200 Budget 7 Meetings and Coordination $2,750 Budget 8 Project Manual Assistance $7,500 9 Geotechnical Fieldwork (Subconsultant) $7,705 Direct reimbursable expenses such as express mail, air travel, out-of-town mileage and other direct expenses shall be reimbursed at 1.15 times cost and the total direct expenses. Any/all permitting, application, impact, and similar project fees will be paid directly by the Client. A percentage of labor fee will be added to each invoice to cover certain other expenses as to these tasks such as telecommunications, in-house reproduction, postage, supplies, project related computer times, and local mileage. Fees will be invoices monthly based upon the percentage of services performed as of the invoice date for lump sum elements or for the actual amount of services performed and expenses incurred for labor fee elements. Payment will be due within 25 days of the date of invoice. 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 Please copy CLOSURE In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the terms and conditions in the attached Standard Provisions, which are incorporated by reference. As used in the Standard Provisions, the term "the Consultant" shall refer to Kimley-Horn and Associates, Inc., and the term "the Client" shall refer to the City of Cape Canaveral. If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute this Agreement in the spaces provided below and return a copy to us. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. We appreciate the opportunity to provide these services to you. Please contact me if you have any questions. Very truly yours, kimley-horn.com 189 South Orange Avenue, Suite 1000, Orlando, Florida 33801 407-898-1511 Kimley ))Horn Page 7 KIMLEY-HORN AND ASSOCIATES, INC. (Signature) Brian S. Ashby, PE Project Manager/Assistant Secretary Attachments: Standard Provisions (Signature) M. Scott Mingonet, PLA, AICP Sr. Vice President/Principal Agreed to on this day of , 2023 CITY OF CAPE CANAVERAL SIGNED: PRINTED NAME: TITLE: kimley-horn.com 189 South Orange Avenue, Suite 1000, Orlando, Florida 33801 407-898-1511 Kimley ))Horn Page 8 KIMLEY-HORN AND ASSOCIATES, INC. STANDARD PROVISIONS 1) Kimley-Horn's Scope of Services and Additional Services. Kimley-Horn will perform only the services specifically described in this Agreement. If requested by the Client and agreed to by Kimley-Horn, Kimley-Horn will perform Additional Services, which shall be governed by these provisions. Unless otherwise agreed to in writing, the Client shall pay Kimley- Horn for any Additional Services an amount based upon Kimley-Horn'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 Kimley-Horn all available studies, plans, or other documents pertaining to the project, such as surveys, engineering data, environmental information, etc., all of which Kimley-Horn may rely upon. d. Arrange for access to the site and other property as required for Kimley-Horn to provide its services. e. Review all documents or reports presented by Kimley-Horn and communicate decisions pertaining thereto within a reasonable time so as not to delay Kimley-Horn. 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 Kimley-Horn whenever the Client becomes aware of any development that affects Kimley- Horn's services or any defect or noncompliance in any aspect of the project. 3) Period of Services. Unless otherwise stated herein, Kimley-Horn 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 Kimley-Horn does not control. If such delay or suspension extends for more than six months, Kimley-Horn's compensation shall be renegotiated. 4) Method of Payment. Client shall pay Kimley-Horn 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 Kimley-Horn 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 Kimley-Horn's transmittal of its invoice, Kimley-Horn 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 Kimley-Horn and Client does not pay Kimley-Horn's invoice within 60 days of receipt, Kimley-Horn may communicate directly with such third party to secure payment. c. If the Client objects to an invoice, it must advise Kimley-Horn 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 Kimley-Horn 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 Kimley-Horn's normal hourly billing rates, of the time devoted to such proceedings by its employees. e. The Client agrees that the payment to Kimley-Horn is not subject to any contingency or condition. Kimley-Horn 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 Kimley-Horn to collect additional amounts from the Client. 5) Use of Documents. All documents and data prepared by Kimley-Horn 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 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 Kimley-Horn's documents, or any reuse of the documents without written authorization by Kimley-Horn will be at the Client's sole risk and without liability to Kimley-Horn, and the Client shall indemnify, defend and hold Kimley-Horn harmless from all claims, damages, losses and expenses, including but not limited to attorneys' fees, resulting therefrom. Kimley-Horn's electronic files and source code remain the property of Kimley-Horn 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 Kimley-Horn, the hardcopy shall govern. 6) Intellectual Property. Kimley-Horn may use or develop its proprietary software, patents, copyrights, trademarks, trade secrets, and other intellectual property owned by Kimley-Horn or its affiliates ("Intellectual Property") in the performance of this Agreement. Unless explicitly agreed to in writing by both parties to the contrary, Kimley-Horn maintains all interest in and ownership of its Intellectual Property and conveys no interest, ownership, license to use, or any other rights in the kimley-horn.com 189 South Orange Avenue, Suite 1000, Orlando, Florida 33801 407-898-1511 Kimley ))Horn Page 9 Intellectual Property to Client. Any enhancements of Intellectual Property made during the performance of this Agreement are solely owned by Kimley-Horn and its affiliates. If Kimley-Horn's services include providing Client with access to or a license for Kimley-Horn's (or its affiliates') proprietary software or technology, Client agrees to the terms of the Software License Agreement set forth at https://www.kimley-horn.com/khts-software-license-agreement ("the License Agreement") which terms are incorporated herein by reference. 7) Opinions of Cost. Because Kimley-Horn 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. Kimley-Horn 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. Kimley-Horn'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. Kimley-Horn shall be paid for all services rendered and expenses incurred to the effective date of termination, and other reasonable expenses incurred by Kimley-Horn as a result of such termination. 9) Standard of Care. The standard of care applicable to Kimley-Horn'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 Kimley-Horn's performance of services, and it is agreed that Kimley- Horn 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 Kimley-Horn, 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 Kimley-Horn and Kimley-Horn'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 Kimley-Horn or Kimley-Horn's officers, directors, employees, agents, and subconsultants, shall not exceed twice the total compensation received by Kimley-Horn 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 Kimley-Horn. 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 Kimley-Horn 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. Kimley-Horn shall have no liability whatsoever for any costs arising out of the Client's decision to obtain bids or proceed with construction before Kimley-Horn 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 Kimley-Horn to execute certificates, lender consents, or other third -party reliance letters must be submitted to Kimley-Horn at least 14 days prior to the requested date of execution. Kimley-Horn shall not be required to execute certificates, consents, or third -party reliance letters that are inaccurate, that relate to facts of which Kimley-Horn does not have actual knowledge, or that would cause Kimley-Horn 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. Kimley-Horn shall not be a custodian, transporter, handler, arranger, contractor, or remediator with respect to hazardous substances and conditions. Kimley-Horn's services will be limited to analysis, recommendations, and reporting, including, when agreed to, plans and specifications for isolation, removal, or remediation. Kimley-Horn will notify the Client of unanticipated hazardous substances or conditions of which Kimley-Horn actually becomes aware. Kimley-Horn may stop affected portions of its services until the hazardous substance or condition is eliminated. 16) Construction Phase Services. a. If Kimley-Horn prepares construction documents and Kimley-Horn 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 Kimley-Horn in any way connected thereto. b. Kimley-Horn shall have no responsibility for any contractor's means, methods, techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor shall Kimley-Horn have any authority or responsibility to stop or direct the work of any contractor. Kimley-Horn's visits will be for the purpose of endeavoring to provide the Client a greater kimley-horn.com 189 South Orange Avenue, Suite 1000, Orlando, Florida 33801 407-898-1511 Kimley ))Horn Page 10 degree of confidence that the completed work of its contractors will generally conform to the construction documents prepared by Kimley-Horn. Kimley-Horn 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. Kimley-Horn 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 Kimley-Horn for all claims and liability arising out of job site accidents; and that the Client and Kimley-Horn 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 Kimley-Horn, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole benefit of the Client and Kimley-Horn. 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 Kimley-Horn, without the written consent of Kimley- Horn. Kimley-Horn reserves the right to augment its staff with subconsultants as it deems appropriate due to project logistics, schedules, or market conditions. If Kimley-Horn exercises this right, Kimley-Horn 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 Kimley-Horn of photographs of the project and to the use by Kimley-Horn of facts, data and information obtained by Kimley-Horn in the performance of its services. If, however, any facts, data or information are specifically identified in writing by the Client as confidential, Kimley-Horn 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 are hereby expressly rejected by Kimley-Horn. If Client requires Kimley-Horn 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 Kimley-Horn 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 KIMLEY-HORN MAY NOT BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM NEGLIGENCE UNDER THIS AGREEMENT. Rev 12/2022 kimley-horn.com 189 South Orange Avenue, Suite 1000, Orlando, Florida 33801 407-898-1511 Terracon 1675 Lee Road Winter Park, FL 32789 P (407) 740-6110 Terracon.com April 4, 2023 Kimley-Horn and Associates 189 South Orange Avenue, Suite 10000 Orlando, Florida 32801 Attn: Mr. Scott Mingonet P: 407-427-1622 E: Scott.mingonet@kimley-horn.com RE: Proposal for Geotechnical Engineering Services Cape Canaveral Veterans Park Orange Avenue and Taylor Avenue Cape Canaveral, Florida Terracon Proposal No. PH1235102 Dear Mr. Mingonet: We appreciate the opportunity to submit this proposal to Kimley-Horn and Associates (KHA) to provide Geotechnical Engineering services for the above referenced project. The following are exhibits to the attached Agreement for Services. Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Project Understanding Scope of Services Compensation and Project Schedule Site Location and Nearby Geotechnical Data Anticipated Exploration Plan Our base fee to perform the Scope of Services described in this proposal is $6,700 (including subcontracted private utility location fees) with an anticipated delivery date of 5 to 6 weeks after signed authorization. Exhibit C includes details of our fees and consideration of additional services as well as a general breakdown of our anticipated schedule. Your authorization for Terracon to proceed in accordance with this proposal can be issued by signing and returning a copy of the attached Task Order to our office. The Task/Work Order refers to the previously signed Master/Professional Services Agreement between Terracon and Kimley-Horn and Associates dated/on August 4, 2021. Sincerely, Terracon Shenna McMaster, P.E. Jay W. Casper, P.E. Senior Geotechnical Engineer Senior Principal Facilities I Environmental Geotechnical I INDIVIDUAL PROJECT ORDER NUMBER This Individual Project Order, dated describes a specific agreement between Kimley- Horn and Associates, Inc. (the Consultant), and Terracon Consultants Inc (the Subconsultant) in accordance with the terms of the Master Agreement for Continuing Professional Services dated August 04. 2021, which is incorporated herein by reference. Identification of Project: Consultant's Client: City of Cape Canaveral Project Name: Cape Canaveral Veterans Park KH Project Manager: Scott Mingonet Project Number: 149501003 Specific scope of Subconsultant's Services: See Terracon Proposal Number PH1235102, dated April 4, 2023 Schedule: See Terracon Proposal Number PH1235102, dated April 4, 2023 Deliverables: See Terracon Proposal Number PH1235102, dated April 4, 2023 Terms of compensation: See Terracon Proposal Number PH1235102, dated April 4, 2023 Other special terms of Individual Project Order: (SUBCONSULTANT) KIMLEY-HORN AND ASSOCIATES, INC. SIGNED: SIGNED: PRINTED NAME: PRINTED NAME: TITLE: TITLE: rev 01/2021 Proposal for Geotechnical Engineering Services Cape Canaveral Veterans Park I Cape Canaveral, Florida April 4, 2023 I Terracon Proposal No. PH1235102 Terracon Exhibit A - Project Understanding Our Scope of Services is based on our understanding of the project as described by KHA and the expected subsurface conditions as described below. We have not visited the project site to confirm the information provided. Aspects of the project, undefined or assumed, are highlighted as shown below. We request KHA and/or the design team verify all information prior to our initiation of field exploration activities. Planned Construction Item Information Provided Project Description Description Site Grading Plan with requested boring locations. The project includes walkway improvements to the existing park. The existing stormwater pond in the southern portion of the site will be modified to treat additional stormwater runoff generated by the additional walkways. Site Location and Anticipated Conditions Item Parcel Information Existing Improvements Existing Topography Site Access Expected Subsurface Conditions Description The project is located at Orange Avenue and Taylor Avenue in Cape Canaveral, Florida. Latitude/Longitude (approximate) 28.384345° N; 80.603050° W (See Exhibit D) Mostly grass with tree canopy. Some walkways, landscape planters, and a statue are currently present on site. Based on the grading plan provided, ground surface elevations across the site are generally near +8 to +9 feet. The existing stormwater pond has a bottom elevation near +6 feet. We expect the site, and all exploration locations, are accessible [Highlighted as Yellow] with our truck -mounted drilling equipment and support vehicles. [Highlighted as Yellow] Our experience near the vicinity of the proposed development and review of geologic maps indicates subsurface conditions consist of sand with varying amounts of silt and shell. Seasonal high groundwater levels are anticipated to be 3 to 7 feet below existing grades. Facilities 1 Environmental 1 Geotechnical 1 Materials Proposal for Geotechnical Engineering Services Cape Canaveral Veterans Park Cape Canaveral, Florida April 4, 2023 Terracon Proposal No. PH1235102 Terracon Exhibit B - Scope of Services Our proposed Scope of Services consists of field exploration, laboratory testing, and engineering/project delivery. These services are described in the following sections. Field Exploration Based on input provided by you, and our experience with similar projects in the vicinity of the project site, we propose the following field exploration program which is anticipated to be completed with 1 day of on -site drilling activities. Number of Borings 4 Planned Boring Depth (feet) 20 Planned Location 1 Stormwater management area 1. The planned boring locations are shown on the attached Anticipated Exploration Plan. Boring Layout and Elevations: We will use handheld GPS equipment to locate borings with an estimated horizontal accuracy of +/-20 feet. Field measurements from existing site features may be utilized. If available, approximate elevations will be obtained by interpolation from a site specific, surveyed topographic map. We can alternatively coordinate with your Project Surveyor to include locations and surface elevations in project information if so requested. Subsurface Exploration Procedures: Prior to drilling, we will subcontract GPR services in areas of suspected utility conflict. We advance will borings with a truck -mounted drill rig using auger sampling techniques. The machine auger borings are performed by hydraulically turning a 4 inch diameter continuous flight auger into the ground in 5 foot increments. Additional flights are added until the desired termination depth is achieved. The auger is then extracted without further rotation and representative soil samples are retrieved from the auger. Samples are visually classified in the field and are then packaged and returned to our soils laboratory for further classification and testing. In addition, we will measure the depth of the groundwater table during drilling. Our exploration team will prepare field boring logs as part of standard drilling operations including sampling depths, penetration distances, and other relevant sampling information. Field logs include visual classifications of materials observed during drilling and our interpretation of subsurface conditions between samples. Final boring logs, prepared from field logs, represent the Geotechnical Engineer's interpretation and include modifications based on observations and laboratory tests. Facilities I Environmental I Geotechnical I Materials Proposal for Geotechnical Engineering Services Cape Canaveral Veterans Park Cape Canaveral, Florida April 4, 2023 Terracon Proposal No. PH1235102 Terracon Property Disturbance: Terracon will take reasonable efforts to reduce damage to the property. However, it should be understood that in the normal course of our work some disturbance could occur including rutting of the ground surface and damage to landscaping. We will backfill borings with auger cuttings and/or bentonite pellets upon completion. Our services do not include repair of the site beyond backfilling our boreholes. Excess auger cuttings will be dispersed in the general vicinity of the borehole. Because backfill material often settles below the surface after a period, we recommend boreholes to be periodically checked and backfilled, if necessary. We can provide this service or grout the boreholes for additional fees at your request. Safety Terracon is not aware of environmental concerns at this project site that would create health or safety hazards associated with our exploration program; thus, our Scope considers standard OSHA Level D Personal Protection Equipment (PPE) appropriate. Our Scope of Services does not include environmental site assessment services, but identification of unusual or unnatural materials observed while drilling will be noted on our logs. Exploration efforts require borings into the subsurface, therefore Terracon will comply with local regulations to request a utility location service Sunshine State One Call of Florida (SSOCOF). We will consult with the landowner/client regarding potential utilities or other unmarked underground hazards. Based upon the results of this consultation, we will consider the need for alternative subsurface exploration methods as the safety of our field crew is a priority. Private utilities should be marked by the owner/client prior to commencement of field exploration. Terracon will not be responsible for damage to private utilities not disclosed to us. Terracon proposes to subcontract with a private utility locating service. Fees associated with this service are included in our Scope of Services. The detection of underground utilities is dependent upon the composition and construction of the utility line; some utilities are comprised of non -electrically conductive materials and may not be readily detected. The use of a private utility locate service would not relieve the landowner/client of their responsibilities in identifying private underground utilities. Site Access: Terracon must be granted access to the site by the property owner. Without information to the contrary, we consider acceptance of this proposal as authorization to access the property for conducting field exploration in accordance with the Scope of Facilities I Environmental I Geotechnical I Materials Proposal for Geotechnical Engineering Services Cape Canaveral Veterans Park Cape Canaveral, Florida April 4, 2023 Terracon Proposal No. PH1235102 Terracon Services. Our proposed fees do not include time to negotiate and coordinate access with landowners or tenants. Terracon will conduct field services during normal business hours (Monday through Friday between 7:OOam and 5:OOpm). If our exploration must take place over a weekend or at night, please contact us so we can adjust our schedule and fee. Laboratory Testing The project engineer will review field data and assign laboratory tests to understand the engineering properties of various soil strata. Exact types and number of tests cannot be defined until completion of fieldwork, but we anticipate the following laboratory testing may be performed: ■ Water content ■ Atterberg limits ■ Grain size analysis ■ Constant head permeability (includes 4 tests) Our laboratory testing program often includes examination of soil samples by an engineer. Based on the results of our field and laboratory programs, we will describe and classify soil samples in accordance with the Unified Soil Classification System (USCS). Engineering and Project Delivery The results of our field and laboratory programs will be evaluated, and a geotechnical engineering report will be prepared under the supervision of a licensed professional engineer. The geotechnical engineering report will provide the following: ■ Boring logs with field and laboratory data ■ Stratification based on visual soil classification ■ Groundwater levels observed during drilling • Site Location and Exploration Plans ■ Subsurface exploration procedures ■ Description of subsurface conditions ■ Estimated seasonal groundwater fluctuations • Geotechnical engineering stormwater management design parameters (seasonal high groundwater, permeability, porosity, and depth to confining layer) In addition to an emailed report, your project will also be delivered using our Client Portal. Upon initiation, we provide you and your design team the necessary link and password to access the website (if not previously registered). Each project includes a calendar to track the schedule, an interactive site map, a listing of team members, access Facilities I Environmental I Geotechnical I Materials Proposal for Geotechnical Engineering Services Cape Canaveral Veterans Park Cape Canaveral, Florida April 4, 2023 Terracon Proposal No. PH1235102 Terracon to the project documents as they are uploaded to the site, and a collaboration portal. We welcome the opportunity to have project kickoff conversations with the team to discuss key elements of the project and demonstrate features of the portal. The typical delivery process includes the following: ■ Project Planning - Proposal information, schedule and anticipated exploration plan ■ Site Characterization - Findings of the site exploration and laboratory results ■ Geotechnical Engineering Report When services are complete, we upload a printable version of our completed Geotechnical Engineering report, including the professional engineer's seal and signature, which documents our services. Previous submittals, collaboration, and the report are maintained in our system. This allows future reference and integration into subsequent aspects of our services as the project goes through final design and construction. Facilities I Environmental I Geotechnical I Materials Proposal for Geotechnical Engineering Services Cape Canaveral Veterans Park Cape Canaveral, Florida April 4, 2023 Terracon Proposal No. PH1235102 Terracon Exhibit C - Compensation and Project Schedule Compensation Based upon our understanding of the site, the project as summarized in Exhibit A, and our planned Scope of Services outlined in Exhibit B, our base fee is shown in the following table: Task Subsurface Exploration, Private Utility Locates, Laboratory Testing, Geotechnical Consulting and Reporting Lump Sum Fee2,3 $6,700 1. The lump sum fee considers one drill rig mobilization and no unexpected onsite delays. If additional drill rig mobilizations are required, an additional fee of $900 would be invoiced. A drill crew standby rate of $275 per hour would be invoiced for unexpected delays. 2. Proposed fees noted above are effective for 90 days from the date of the proposal. 3. Consulting after issuing report will be billed at $225 per hour. Our Scope of Services does not include services associated with site clearing, wet ground conditions, or repair of/damage to existing landscape. If such services are desired by the owner/client, we should be notified so we can adjust our Scope of Services. Unless instructed otherwise, we will submit our invoice(s) to the address shown at the beginning of this proposal. If conditions are encountered that require Scope of Services revisions and/or result in higher fees, we will contact you for approval, prior to initiating services. A supplemental proposal stating the modified Scope of Services as well as its effect on our fee will be prepared. We will not proceed without your authorization. Project Schedule We developed a schedule to complete the Scope of Services based upon our existing availability and understanding of your project schedule. However, our schedule does not account for delays in field exploration beyond our control, such as weather conditions, delays resulting from utility clearance, or lack of permission to access the boring locations. In the event the schedule provided is inconsistent with your needs, please contact us so we may consider alternatives. Facilities I Environmental I Geotechnical I Materials Proposal for Geotechnical Engineering Services Cape Canaveral Veterans Park I Cape Canaveral, Florida April 4, 2023 I Terracon Proposal No. PH1235102 Terracon Delivery on Client Portal Kickoff Call with Client Site Characterization Geotechnical Engineering Schedule 1, 2 2 days after notice to proceed 30 days after notice to proceed 40 days after notice to proceed 1. Upon receipt of your notice to proceed we will activate the schedule component on Client Portal with specific, anticipated dates for the delivery points noted above as well as other pertinent events. 2. Standard workdays. We will maintain an activities calendar within on Client Portal. The schedule will be updated to maintain a current awareness of our plans for delivery. Facilities I Environmental I Geotechnical I Materials Proposal for Geotechnical Engineering Services Cape Canaveral Veterans Park l Cape Canaveral, Florida April 4, 2023 l Terracon Proposal No. PH1235102 Exhibit D — Site Location Terracon HARBOR HEIGHTS.WEST W Central Blvd E Central Blvd O Astronaut Blvd N Atlantic Ave O O ( Red Dots) Cape Canaveral O (Red Dot) O (Red Dot) SITE (Green Tack) O (Red Dot) A1A WINSLOW RESERVE BANANA RIVER ESTATES 1 mile Historical Terracon Project bing 2023 Micorsoft Corporation @ Vexcel Imaging @ TomTom Available Exclusively by Maxar Earthstar Geographics S10 (DIAGRAM IS FOR GENERAL LOCATION ONLY, AND IS NOT INTENDED FOR CONSTRUCTION PURPOSES MAP PROVIDED BY MICROSOFT BING MAPS Proposal for Geotechnical Engineering Services Cape Canaveral Veterans Park 1 Cape Canaveral, Florida April 4, 2023 1 Terracon Proposal No. PH1235102 Terracon Exhibit E - Anticipated Exploration Plan Bing 100 feet 2023 Microsoft Corporation Vexcel Imaging 2023 TomTom DIAGRAM IS FOR GENERAL LOCATION ONLY, AND IS NOT INTENDED FOR CONSTRUCTION PURPOSES MAP PROVIDED BY MICROSOFT BING MAPS Attachment 2 [Kimley Horn and Associates LID-based bioswale project proposal render] [Kimley Horn and Associates LID-based bioswale project proposal render] [Kimley Horn and Associates LID-based bioswale project proposal render] Kimley >> Horn Expect More. Experience Better. CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MAY 16, 2023 AGENDA ITEM SUMMARY • ITEM # 6 Subject: Approve proposal from First Light Technologies/Graybar in the amount of $131,579 for the purchase of thirty-nine (39) solar lights and an additional four (4) lights. Department: Public Works Services Summary: On August 18, 2020, City Council approved the purchase of replacement solar lights under a five-year plan with a total cost of $232,000 (Attachment 1). Since then, fifty-nine (59) solar lights have been replaced under this Plan, and thirty-nine (39) solar lights remain to be purchased and installed. During the 2023 Strategic Planning Retreat, City Council reached consensus for Staff to obtain costs for buying all replacement lights at once and bringing this Item back for consideration (Attachment 2). The number of lights that remain to be replaced include fourteen (14) amber solar lights for Ridgewood Avenue, and twenty-five (25) white solar lights for North Atlantic Avenue. Additionally, Staff wishes to purchase two (2) lights of each color and four (4) poles for unanticipated replacements bringing the total amount to forty-three (43) solar lights to complete the Plan. The total cost for all solar lights and poles is $131,579, and the manufacturer's quote is valid until May 31, 2023 (Attachment 3). A purchasing delay could possibly result in an increase in pricing. This item will also appear at the City Council Workshop meeting prior to this Regular Meeting. Submitting Department Director: June Clark Attachments: 1. City Council Minutes of August 18, 2020. 2. Draft Strategic Planning Retreat Minutes. 3. First Light Technologies/Graybar Proposal. Financial Impact: $131,579 for the purchase of thirty-nine (39) solar lights and an additional four (4) lights funded by Contingency in 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: Approve proposal from First Light Technologies/Graybar in the amount of $131,579 for the purchase of thirty-nine (39) solar lights and an additional four (4) lights. Approved by City Manager: Todd Morley City of Cape Canaveral, Florida Attachment 1 City Council Meeting — Regular Virtual August 18, 2020 Page 3 of 4 since the Item last appeared on the City Council agenda. Nathan Doyle, previous property owner and contractor, explained investments and improvements made to the Property. Discussion ensued and included the original seller's struggle to fix the property, low purchase price versus high sale price, moving away from lien reduction actions, short-term rental issues in the City and State requirements. City Attorney Garganese reviewed Council actions taken thus far and the recommended options. A motion was made by Council Member Raymond, seconded by, Council Member Morrison, to keep the lien reduction in the amount of $23,000. Discussion ensued regarding an additional one -thousand dollars to ensure Staff costs are covered. A motion was made by Council Member Raymond, seconded by Mayor Pro Tem Brown, amending the main motion by an additional $1,000. The motion carried 5-0. There was no public comment. The main motion carried in the total amount of $24,000, as amended, 5-0. ITEM FOR ACTION: 7. Select an Option for the Solar Light Replacement Program on Ridgewood and North Atlantic Avenues and authorize the City Manager to budget same: City Manager Morley summarized the Item. Discussion ensued and included how the darkest areas of the City should 7. receive new lighting first, achieving "no -lights -out", maintenance issues related to salt air and [Highlighted Yellow] corrosion, the measure will not come back to Council after approval as it will be budgeted and managed by Staff, obtaining the best warranty, support for Option 2, 5-year replacement plan, better design and the likelihood solar lighting costs will decrease over the coming years. There were no public comments. A motion was made by Council Member Raymond, seconded by Council Member Kellum, to accept Option 2, a 5-year replacement plan. The motion carried 5-0. REPORTS: Council Member Morrison discussed participation in the City's Backpack Jamboree, Children's Hunger Project event, commented on the heavy rain event and thanked Staff. Council Member Raymond discussed the Mayors' Fitness Challenge win for the City, Space Coast League of City virtual meetings, status and recommendations and Florida League of Cities meeting and status, including new President Tony Ortiz, theme is "Make Florida Cities Strong." Council Member Kellum discussed a desire to change the City Code of Ordinances, Chapter 110- 470, specifically pertaining to concrete walls, submitted photos of bare walls versus green/living walls to show the aesthetic concerns and possible improvements. Discussion ensued. A consensus was reached by the Council for Staff to research the initiative and bring back to Council for discussion. Council Member Kellum discussed participation in the City's Backpack Jamboree and Children's Hunger Project event, attended the virtual Business and Economic Development Board Meeting and expressed sadness over the closure of some restaurants due to the pandemic. Mayor Pro Tem Brown discussed participation in the City's Backpack Jamboree, the success of the Little League Baseball Program has increased participation three -fold and while social distancing and mask guidelines were followed, the heavy rain event, the Mayors Fitness Challenge and Attachment 2 City of Cape Canaveral, Florida DRAFT Strategic Planning Retreat — FY 2023/2024 Goals & Priorities March 29, 2023 Minutes • Page 3 of 5 and included Phase II being underway, possibility of one-way roads, underground utilities, budget and funding, future studies, citizen involvement, no intention for the 100 block or the beach -ends to be one-way, Fiscal Year (FY) 2024/2025 targeted for initial construction, focusing on both the project as a whole as well as "street-by-street"/"block-by-block", and the transformational nature of the project fitting with the City's Visioning. C+ED Resilience Engineering Services Manager Miller provided an update on Florida Department of Transportation (FDOT) improvements to State Road (SR) A1A, the International Drive signalized intersection, the scope of the project, anticipated construction to begin in FY 2025/2026, and considerations to add crosswalks. Discussion ensued and included a recent tragic loss of life, Ms. Miller's and Council Member Willis' involvement with the Space Coast Transportation Planning Organization, City investment account to assist FDOT efforts, Cape Gardens and Long Point access, letting FDOT's process move forward to avoid delays, continued desires to lower speed limits to 35 m.p.h., speed of traffic from SR 528, lowering speeds through use of chicanes and deflections, impact of the proposed Aquarium at the Port, immediate actions being taken to visibly promote safety and awareness, and upcoming agenda items. Council reached Consensus to budget more money towards SR A1A safety improvements and awareness. Discussion continued and included County involvement and funding, and further promoting safety and awareness efforts. Council reached Consensus to promote Educational Videos regarding SR A1A safety and awareness. Capital Projects Director Ratliff stated the Oak Lane Improvements are behind schedule, waiting on relocation of utilities, with a Bid to follow. Discussion ensued confirming sidewalks are not part of the project and undergrounding of utilities would be at the property owners' expense. Capital Projects Deputy Director Carlisle detailed the near -completion of all non -Presidential Streets sidewalks. Discussion ensued regarding CRA funding and budget overruns due to inflation. Mr. Ratliff provided an update on the Canaveral Drainage Basin Improvements, including an ongoing consultant study and potential need for a new pumping station. Discussion ensued and included Florida Department of Environmental Protection (FDEP) resiliency grants, pipes and culverts, geographic waterflow and flooding, basin pumping could improve flooding mitigation elsewhere, areas of concern and foliage and debris removal for mitigation. Mr. Ratliff then discussed the Center Street Basin's budget, ARPA funding, FDEP grant not available until October, use of portable pumps during the hurricane season, and a Bid with the project anticipated to start in October. Mr. Ratliff commented on the vastly improved nature of the upgraded Supervisory Control and Data Acquisition (SCADA) system that is nearly complete. Retreat discussion paused at 2:03 p.m. and resumed at 2:17 p.m. PWS Director Clark discussed the Clarifier Rehabilitation, the original system having been installed in 1994 and rehabilitated once in 2012, Bids having come in under the consultant's estimate, construction to begin after the hurricane season, estimate of 18 months for construction and Council to consider approval in April. PWS Deputy Director Erdman updated the Five -Year Street [PWS-funding -Highlighted Yellow] Light Upgrade program with fewer lights budgeted in the current year due to inflation. Discussion ensued and included damaged lights, insurance reimbursement, 41 lights left to be addressed, and ordering 50 at once may result in a savings. Council reached Consensus for Staff to price -out buying all replacement lights at once and bring back for Council consideration. Discussion continued regarding the better design of the newer lights, recycling older lights and further researching grants for funding.(Highlighted-Yellow) Ms. Clark stated everything for the Sodium Bisulfite project has been ordered, a five -to -ten-day completion estimate once the building is completed, a leak in Attachment 3 GraybaR works to your advantage 6952 SONNY DALE DR, SUITE A MELBOURNE, FL 32904-2257 Phone: 321-821-2600 Fax: 321-984-8433 To: CITY OF CAPE CANAVERAL 100 POLK AVE CAPE CANAVERAL FL 32920 Attn: David Coulter Phone: 321-868-1220 EXT Email: Fax: 321-868-1248 Date: 04/11/2023 Project Name: CAPE CANAVERAL SOLAR LIGHTS GB Quote #: 0243152218 Purchase Order Nbr: Release Nbr: Additional Ref#: Revision Nbr: Valid From: 04/11/2023 Valid To: 05/11/2023 Contact: JIMMY BARNES Email: jimmy.barnes@graybar.com Proposal We appreciate your request and take pleasure in responding as follows Notes: * OMNIA PARTNERS CONTRACT EV2370 Item Quantity Supplier Catalog Nbr Description Price Unit Ext.Price 100 16 FIRST LIGHT TECH GB Part#:NOF FLT FIRST LIGH IPL-PTM-CC-T 2-AMB $2,295.87 1 $36,733.92 200 27 FIRST LIGHT TECH GB Part#:NOF FLT FIRST LIGH IPL-PTM-CC-T 2-NW $2,136.79 1 $57,693.33 300 1 FIRST LIGHT TECH GB Part#:NOF FLT FIRST LIGH CUSTOM COLR FEE RAL 6005 $304.88 1 $304.88 400 1 FREIGHT QUOTED GB Part#:LOQ ***Item Note:*** * FREIGHT IS FOR LIGHTS ONLY * POLES ARE FREIGHT ALLOWED $3,233.00 1 $3,233.00 500 43 LIGHTMART GB Part#:NOF LI6 LIGHTMART 12A5RTH156 GREEN ***Item Note:*** * FREIGHT ALLOWED * NO BOLTS PROVIDED PER REQUEST $781.71 1 $33,613.53 This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services (subject to credit approval). For more information call 1-800-241-7408 to speak with a leasing specialist. This Graybar quote is based on the terms of sale in the EV2370 Master Agreement which can be found by clicking the link found at https://www.omniapartners.com/hubfs/PUBLIC%20SECTOR/Supplier%201nformation/Graybar/EV2370_Graybar_MAD_2017_12_20.pdf Page 1 of 3 To: CITY OF CAPE CANAVERAL Date: 04/11/2023 100 POLK AVE Project Name: CAPE CANAVERAL SOLAR LIGHTS CAPE CANAVERAL FL 32920 GB Quote #: 0243152218 Attn: David Coulter Proposal We appreciate your request and take pleasure in responding as follows Item Quantity Supplier Catalog Nbr Description Price Unit Ext.Price Total in USD (Tax not included): $131,578.66 F O B: Delivery: This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services (subject to credit approval). For more information call 1-800-241-7408 to speak with a leasing specialist. This Graybar quote is based on the terms of sale in the EV2370 Master Agreement which can be found by clicking the link found at https://www.omniapartners.com/hubfs/PUBLIC%20SECTOR/Supplier%20lnformation/Graybar/EV2370_Graybar_MAD_2017_12_20.pdf Page 2 of 3 To: CITY OF CAPE CANAVERAL Date: 04/11/2023 100 POLK AVE Project Name: CAPE CANAVERAL SOLAR LIGHTS CAPE CANAVERAL FL 32920 GB Quote #: 0243152218 Attn: David Coulter Proposal We appreciate your request and take pleasure in responding as follows Item Quantity Supplier Catalog Nbr Description Price Unit Ext.Price This Graybar quote is based on the terms of sale in the EV2370 Master Agreement which can be found by clicking the link found at https://www.omniapartners.com/hubfs/PUBLIC%20SECTOR/Supplier%201nformation/Graybar/EV2370_Graybar_MAD_2017_12_20.pdf Page 3 of 3 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MAY 16, 2023 AGENDA ITEM SUMMARY • ITEM # 7 Subject: Ordinance No. 05-2023; providing for the granting of a Non -Exclusive Franchise to Fusionsite Florida, LLC d/b/a Freedom Waste Services for small hauler Construction & Demolition Debris collection in roll -off containers under 20 cubic yards in size within the jurisdictional City of Cape Canaveral; outlining franchise duties; imposing requirements under which franchise shall operate; providing for conflicts, severability, and an effective date, first reading. Department: Community and Economic Development Summary: Pursuant to Section 62-7 of City Code, any person wishing to transport Construction and Demolition Debris (CDD) within the City limits, must first obtain a franchise agreement from the City. Currently, the City has an exclusive solid waste franchise agreement with Waste Pro Inc. USA, Inc. to provide exclusive CDD services with roll -off containers of 20 cubic yards and larger. However, in an effort to expand available services to residents, the City Council wishes to expressly authorize and provide for the use of containers less than 20 cubic yards (small -hauler). Attached is a CDD small -hauler application (Attachment 1) for a Non -Exclusive Franchise from Fusionsite Florida, LLC, d/b/a Freedom Waste Services. Staff has reviewed the application for consistency with Code requirements, and the City Attorney has prepared Ordinance No. 06-2023 (Attachment 2) awarding a non-exclusive franchise for CDD purposes. Highlights of the franchise include: 1. An initial term of five (5) years, with renewals in five (5) year increments; 2. Collection shall be made between 7:00 AM and 7:00 PM; 3. No hazardous materials shall be collected by the Franchisee; 4. Service vehicles shall be kept in good repair, appearance, and in a sanitary condition; 5. Each container shall be marked with Franchisee's name and contact information; 6. The Franchisee shall have a local office where customer service requests and complaints can be made, and which shall be open during collection hours; 7. All CDD shall be so contained that leaking, spilling, or blowing are prevented. In the event of spillage, Franchisee shall immediately clean up the litter at Franchisee's sole expense; 8. Containers shall be placed on customers property, and not in any public rights -of -way; 9. All customer and City complaints shall be resolved within 24 hours. If a complaint is received on Saturday, Sunday, or a holiday, it shall be serviced the next business day; 10. Franchisee employees will be qualified, and carry a valid operator's license for the type of vehicle being driven; 11. The Franchisee shall provide operating and safety training for all personnel; City of Cape Canaveral City Council Meeting • May 16, 2023 Agenda Item # 7 Page 2 of 2 12. Upon request by the City for good cause, all equipment, trucks or other vehicles used by Franchisee on the public streets and roads within the City of Cape Canaveral shall be required to pass an annual safety inspection conducted by the City of Cape Canaveral or its agents; and 13. The Franchisee shall furnish a $25,000 Performance Bond insuring the faithful performance of the terms of the Franchise; as well as Commercial General Liability, Automotive Liability, and Worker's Compensation insurance. The Franchisee shall indemnify and save harmless the City from any judgements resulting from Franchisee's activities permitted by the Franchise. An accompanying resolution will be presented to the Council at second reading of the ordinance to establish appropriate fees to offset City costs of administering the franchise agreement. Submitting Department Director: David Dickey Attachments: 1. Freedom Waste Application for Non -Exclusive CDD Collection Services 2. Ordinance No. 05-2023 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 Ordinance No. 05-2023 on first reading. Approved by City Manager: Todd Morley Attachment 1 City of Cape Canaveral Community Development Department APPLICATION FOR NON-EXCLUSIVE CONSTRUCTION & DEMOLITION DEBRIS COLLECTION SERVICES (SMALL -HAULER — UNDER 20 CU YARD ROLL -OFF CONTAINERS) Pursuant to Section 62-7 of the Cape Canaveral Code, this application form must be completed by each person or company ("Applicant") that wishes to obtain a Non -Exclusive Franchise from the City of Cape Canaveral for. Construction & Demolition Debris Collection Services. The City Code defines "Construction and Demolition Debris" as follows: 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 projector 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), Florida Statutes, yard trash and unpainted, non -treated wood scraps from sources other than construction or demolition projects; scrap from manufacturing facilities that is the type of material generally used in construction projects and that would meet the definition of construction and demolition debris if it were generated as part of a construction or demolition project, including debris from the construction of manufactured homes and scrap shingles, wallboard, siding concrete, and similar materials from industrial or commercial facilities and de minimus 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. Mailing Address: P.O. Box 326 Physical Address: 100 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcapecanaveral.org e-mail:.info@ cityofcapencanaveral.org An Applicant must provide the City with ail of the information and documents requested below, including the application fee and the affidavit that are described below. An Applicant may attach additional sheets of paper to this application form, if necessary. 1. Applicant Information Please provide the name, address and telephone number of the Applicant. Name of Applicant: Fusion Site Florida dbA Freedon Waste Mailing Address: 940 NE Dixie. Hwy Jensen Beach, FL 34957 E-Mail Address: SueK@freedomWaste.NET Telephone No.: 772-334-9700 2. Applicant's Authorized Representative. Please provide the name, address and telephone number of the person that is the Applicant's designated representative with regard to this Application. Name of Representative: Travis Waddell Mailing Address: 940 NE Dixie Hwy Jensen Beach, FL. 34957 E-Mail Address: Travis@freedomWaste.com Telephone No.: 772-334-9700 3. Type of Business Entity. Please state whether the Applicant is an individual, a corporation, a partnership, or other type of business entity. LLC 4. Applicant's Principals. If the Applicant is a corporation, partnership or other business entity, please provide the name, address, and title of the Applicant's majority shareholder and each person that is a principal officer (e.g., Chief Executive Officer; President; Vice -President; Chief Operating Officer; etc.). Newt Pate, CEO 2 5. Applicant's Manager" Please provide the name, address, and telephone number of each person that will serve as the Applicant's local manager (i.e., the person that will be responsible for performing or supervising the Construction & Demolition Debris Collection Services for the Applicant). Travis Waddell General Mgr 940 NE Dixie Hwy Jensen Beach, FL 34957 772-334-9700 Truman Patterson Area Mgr 940 NE Dixie Hwy Jensen Beach, FL 34957 6. Proof of Good Standing. If the Applicant is a corporation, please provide proof that the corporation is in good standing in the state of Florida. 7. Authorizartion to do Business in Florida. If the Applicant is not a Florida corporation, please provide proof that the Applicant is authorized to do business in Florida. 8. Fictitious Name. If the Applicant is operating under a fictitious name, please provide information demonstrating that the fictitious name is properly registered by the Applicant. 9. Applicant's Experience. (a) Please provide a copy of the company's corporate biography. (b) Please provide a summary of the Applicant's experience with regard to the collection of Construction & Demolition Debris collection services. (c) Provide a complete list of all of the communities in Florida and other states (but not more than a total of five (5) communities) where the Applicant has provided construction & demolition debris collection services in the last five (5) years. 3 (d) For each community listed in Section 9(b), above, please provide the name, address, and telephone number of a reference (i.e., a person employed by the local government in that community who can provide information concerning the quality of service provided by the Applicant). 10. Prior Enforcement Issues. (a) Please provide a complete list of all communities (if any) where the Applicant's permit, approval, franchise, or license to provide any kind of solid waste collection services was suspended or revoked. (b) Provide a complete list of all felony convictions, and all misdemeanor convictions within the last five (5) years, involving the Applicant's collection, receiving, storing, separating, transportation, or disposal of solid waste. If the Applicant is not an individual, also provide a list of such convictions for the Applicant's majority shareholder, any person having a controlling interest in the Applicant, and each person that is an officer or partner of the Applicant. (c) Provide a complete list of all civil penalties and liquidated damages in excess of five thousand dollars ($5,000.00) that were assessed against the Applicant by local, state, and federal governmental entities within the last five (5) years involving the collection, transportation, or disposal of solid waste. (d) With regard to Sections 10(a) through 10(c), above, provide any information concerning the convictions, penalties, liquidated damages, etc., that the Applicant believes will help the City understand the facts concerning those matters. 11. Potential Customers and Service Degas. Estimated Gross Revenue from Services. Please provide a description of the types of customers that the Applicant will offer construction & demolition debris services to within the City of Cape Canaveral if this Application is approved including any proposed pricing for such services and estimated annual gross revenues anticipated for providing services to customers within the City of Cape Canaveral. Please provide this information on a separate sheet of paper with a heading titled; "City of Cape Canaveral Franchise Application Response; Potential Customers, Paragraph 11; Potential Customers". 4 12. Vehicles and Equipment. Please provide a list of the vehicles, equipment, and containers that will be used by the Applicant to provide construction & demolition debris collection services in the City. The list must identify the make, model, identification number, and year of each vehicle and piece of collection equipment. The list also must identify the size and type of each container that will be used by the Applicant and a photograph of any corporate container markings such as logos. Please provide this information on a separate sheet of paper with a heading titled; "Vehicles and Equipment, Paragraph 12; Other Collection Equipment". Also include the street address of the equipment yard(s) where the Applicant's vehicles, equipment, and containers are stored when they are not in use. 13. Insurance Requirements. Please provide a properly executed Acord 25 Certificate of Insurance form demonstrating that the Applicant has the following types and amounts of insurance coverages issued by an insurance company that is licensed to do business in the State of Florida, with an A.M. Best Rating of B + or better, Class VII (or higher), or otherwise acceptable to the City, if the company is not rated by A.M. Best. (a) Comprehensive General Liability Insurance with a limit of a one million dollar ($1,000,000) per occurrence and a two million dollar ($2,000,000) general aggregate. This policy must include the following coverages: premises and operations liability, independent contractors, products and completed operations, personal injury, contractual liability, and fire damage; (b) Automotive Liability Insurance coverage providing a combined single limit of not Tess than one million dollars ($1,000,000) per occurrence. This policy must include the following coverages: bodily injury and property damage including premises and operations; (c) Workers Compensation Insurance shall be provided for all of Franchisee's employees as required under Florida law; and (d) Employers Liability Insurance providing a single limit of not less than one million dollars ($1,000,000), bodily injury by each accident, and providing a single limit of not Tess than one million dollars ($1,000,000), bodily injury disease per each employee, and providing a single limit of not less than one million dollars ($1,000,000) bodily injury by disease policy limit. The certificate of insurance must demonstrate that the insurance coverage will be in effect for the term of the proposed Franchise Agreement. The certificate of insurance must name the City as an additional insured (except with regard to workers 5 compensation and employers liability insurances). 14. Bond Requirements. A performance bond in the amount of fifty thousand dollars ($50,000) to secure compliance with the City Code and any non-exclusive franchise awarded by the City will be required as a condition of approval of the non-exclusive franchise. The bond must be in the form approved by the City Attorney. The bond must be issued by a surety licensed to do business in the state of Florida. By the Applicant's submittal of this Application, Applicant agrees to provide the required performance bond if a non- exclusive franchise is approved by the City. 15. Other Information. Please provide any other information the Applicant believes will demonstrate that: (a) The Applicant has the experience, personnel, equipment, and other resources necessary to provide construction & demolition debris collection services in compliance with the requirements in the City Code and any non-exclusive franchise awarded by the City; (b) The Applicant has the capacity and willingness to comply with all applicable local, state, and federal laws; and (c) The award of a Franchise to the Applicant will be in the public interest. 16. Franchise Agreement, Upon preliminary approval of the Application by the City Manager. The City Manager will present a Non -Exclusive Construction & Demolition Debris Franchise Ordinance (Small Hauler— under 20 cu yards) to the City Council for consideration and approval. Said Ordinance shall set forth the terms and conditions under which the Applicant will be authorized to provide construction & demolition debris collection services within the jurisdictional limits of the City. Upon approval of the Ordinance by the City Council, the Applicant shall be responsible for properly executing the Non -Exclusive Franchise Ordinance adopted by the City Council as a condition of providing construction & demolition collection services within the jurisdictional limits of the city of Cape Canaveral. 17. Application fee. Please provide an application fee with this Application. The amount of the application fee is $1,000.00 (One Thousand Dollars) to defray a portion of the City's administrative expenses incurred in processing the Application. Payments shall be made payable to the City of Cape Canaveral.. 6 18. Effective Date of Franchise Agreement. Please identify the date when the Applicant wants its Franchise to take effect 1/25/23. [Applicants are advised that a franchise requires City Council approval by Ordinance at two separate meetings. Processing of an Application will likely take at least 90 days or more to complete.] 19. Attachments, All of the information and documents requested in paragraphs 1-19, above, must be attached to this Application and submitted to the City. The undersigned hereby represents to the City of Cape Canaveral that the information contained in this Application is true and correct to the undersigned's knowledge and that the undersigned is duly authorized to execute and file this Application on behalf of the Applicant. APPLICANT Fusion Siter Florida dba Freedom Waste Print Company Name By: (Signature) Print name/title: Travis Waddell General Mgr (Seal) Corporate Secretary — Signature (Signature) Corporate Secretary — Type or Print (Signature) Witness - Signature Heather Tates Witness — Type or Print Date: 1/25/23 7 OFFICIAL USE ONLY: Application deemed complete and Preliminary Approval subject to City Council adoption of franchise ordinance. Preliminary approval only constitutes an acknowledgement that the Application is ready for the City Council's consideration and does not constitute approval of the franchise. The franchise requires City Council approval to be binding: CITY OF CAPE CANAVERAL By: Todd Morley, City Manager ATTEST: Mia Goforth, CMC City Clerk Date: 8 Paragraph #6 State of Florida Department of State I certify from the records of this office that FUSIONSITE FLORIDA LLC is a Delaware limited liability company authorized to transact business in the State of Florida, qualified on April 21, 2021. The document number of this limited liability company is M21000004790. I further certify that said limited liability company has paid all fees due this office through December 31, 2022, that its most recent annual report was filed on April 13, 2022, and that its status is active. I further certify that said limited liability company has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Third day of February, 2023 (Signature) Secretary of State Tracking Number: 0922330813CU To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificatcOfStatus/CertilicateAuthentication #7 Autorization to do Business in Florida Sunbiz.org Division of CORPORATIONS an offered State of Florida State Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Limited Liability Company FUSIONSITE FLORIDA LLC Filing information Document Number M21000004790 FEIIEIN Number 86-3344531 Date Filed 04/21/2021 State DE Status ACTIVE Principal Address 5611 OHIO AVENUE NASHVILLE; TN 37209 mailing Address 5611 OHIO AVENUE NASHVILLE, TN 37209 Rggjstered Agent Name & Address C T CORPORATION SYSTEM 1200 S PINE ISLAND RD #250 PLANTATION, FL 33324 Authorized Person(s) Detail Name & Address Title AP PATE, NEWT 327 54TH AVE N NASHVILLE, TN 37209 Annual Reports Report Year Filed Date 2022 04/13/2022 Document Images 04/13/2022 --ANNUAL REPORT. View image in PDF format 04/21 /2021 —Foreign Llntitecf View Image In PDF format #7 Autorization to do business in Florida to: 18506176383 Page: 2 of 5 2021-04-20 15:44:10 CST 19542080845 From: Renee McGraw M21000004790 Division of Corporations Florida Department of State Division of Corporations Electronic Filing Govern Sheet Note: Please print this page and use it as a cover sheet. Type the fax audit number (Shown below) on the top and bottom oral! pages of the document. • (((H21000158602 3))) IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII H210001586023ABCZ Note: DO NOT hit the REFRESH/RELOAD button on your browser From this page. Doing so will generate another cover sheet. To: Division of Corporations Fax Number : (858)617-63S3 From: Account Name : C T CORPORATION SYSTEM Account Number : FCA898068023 Phone : (614)280-3338 Fax Number : (954)208-0845 "'Enter the email address for this business entity to be used for future annual report mailings. Enter only one email address please,** Email Address: Foreign Limited Liability Company FusionSite Florida LLC Certificate of Status 0 Certilied Copy 1 page Wage Count 04 Estimated Charge $155.00 Electronic Filing Menu Corporate Filing Menu Help From: Rene McGraw SBF 4/22/21 1/1 2021 APR 21 AM 9:24 #7 Autorization to Do Business in Florida To:18506176383 Page 3 of 5 2021-04-20 15:44:10 CST 1954200845 From: Ranae McGraw APPLICATION BY FOREIGN LIMITED LIABILITY COMPANY FOR AUTHORIZATION TO TRANSACT BUSINESS IN FLORIDA IN COMPLIANCE WITH SECTION A050002 FLORIDA (?0 THE FOLLOWING IS SUBMITTED TO REGISTER A FOREIGN LIMITED LIABITLITY COMPANY TO TRANSACT BUSINESS IN THE STATE OF FLORIDA 1. FusionSite Florida LLC (Name of Foreign Limited Liability Company and include Limited Liability Company, I.T.C. or I.L.C. (If name available, enter 2. Delaware (Iuncducing under the law of which (?) limited liability company or organized) 3. 86-3344531 (?) numbers. if applicable) 4. April 23, 2021 5. 5611 Ohio Avenue Nashville, TN 37209 (Street Address of Principal 6. (Mailing Address) Nashville, TN 37209 7. Name and street address of Florida registered agent: (P.O. Box NOT acceptable) Name: CT Corporation System Office Address: 1200 S Pine Island Rd. #250 Plantation (City) Florida 33324 (Zip Code) Registered agent's acceptance: Having been named as registered agent and to accept service of process for the above stated limited liability company at the place designated in this application, I hereby accept the appointment as registered agent and agree to act in this capacity. I further agree to comply with the provisions of all statutes relative to the proper and complete performance of my duties, and I am familiar with and accept the obligations of my posisiton as registered agent. #7 Authorization to Do Business in Florida o: 18505178383 Page: 4 of 5 2021-04-20 15:44:10 CST 19542050845 From: Ranae McGraw 8. For initial indexing purposes, list names, title er capacity and addresses of the primary members/managers or persons authorized to manage [up to six (6) total]: Title or Capacity: Name and Address: Title or Capacity: Name and Address: °Manager Name: Manager Name: ❑Member Address: 327 54th Ave. N. Nashville, TN 37209 Member Address: X Authorized Newt Pate Authorized Person Person °Other O Other O Other O Other O Manager Name: O Manager Name: °Member Address: O Member Address: ° Authorized O Authorized Person Person O Other O Other O Other O Othe Important Notice: Use an attachment to report more than six (6). The attachment will he imaged for reporting purposes only, Non - indexed individuals may be added to the index when Bing your Florida Department of State Annual Report ferns. 9. Attached is a certificate of existence, no more than 90 days old, duly authenticated by the official having custody of records in the jurisdiction under the law of which it is organized.(If the certifcate is in a foreign language, a translation of the certificate under oath of the translator must be submitted) 10. This document executed in accordance with section 605.0203 (3) (b), Florida Statute, l am aware that any false information submitted in a document to the Department of State constitutes a third degree felony as provided for in s.S17.155. F.S. (Signature) Signature of an authorized person Newt Pate Typed or printed name of signee DIVISION OF CORPORATIONS #8 Fatitious Name Sunbiz.org DIVISION of CORPORATIONS an affected State of Florida State Previous on List Next on List Retun to List Fictitious Name Search Submit No Filing History Fictitious Name Detail Fictitious Name FREEDOM WASTE SERVICES Filing Information Registration Number G21000058245 Status ACTIVE Filed Date 04/28/2021 Expiration Date 12/31/2026 Current Owners 1 County MULTIPLE Total Pages 1 Events Filed NONE FEI/EIN Number NONE Mailing Address 5611 OHIO AVE UNIT B NASHVILLE, TN 37209 Owner Information FUSIONSITE FLORIDA LLC 5611 OHIO AVE, UNIT B NASHVILLE, TN 37209 FEI/EIN Number: 86-3344531 Document Number: M21000004790 Document Images 04/28/2021 — Fictitious Name Filing View Image in PDF format Previous on List Next on List Return to List No Filing History Fictitious Name Search Submit Florida Department of State, Division of Corporations #8 Fictitious Name DIVISION OF CORPORATIONS Sunbiz.org Division of CORPORATIONS as official State of Florida State Previous on List . Next on List . Return to List Fictitious Name Search Submit No Filing History Fictitious Name Detail Fictitious Name FREEDOM WASTE OF BREVARD Filing Information Registration Number G21000059357 Status ACTIVE Filed Date 04/29/2021 Expiration Date 12/31/2026 Current Owners 1 County MULTIPLE Total Pages 1 Events Filed NONE FEI/EIN Number NONE Mailing.Acidress 5611 OHIO AVE UNIT B NASHVILLE, TN 37209 Owner Information FUSIONSITE FLORIDA LLC 5611 OHIO AVENUE, UNIT B NASVHILLE, TN 37209 FEI/EIN Number: 86-3344531 Document Number: M21000004790 Document Images 04/29/2021 -- Fictitious Name Filing View Image in PDF format Fictitious Name Search Submit Previous on List Next on List Return to List Fictitious Name Search No Filing History Florida Department of State, Division of Corporations ABOUT DEBRIS & WASTE REMOVAL PORTABLE RESTROOM SOLUTIONS CONTACT CET QUOTE #9A Applicants Experience ABOUT FREEDOM WASTE SERVICES GET A FREE QUOTE Who We Are For over 20 years, Freedom Waste Services has been the proud provider of dumpster rental and porta John rental services on the Treasure Coast including Indian River, St. Lucie and Martin counties. With our extensive inventory of debris containers, including roll off dumpsters, recycling containers, construction hoppers and job shutes, we ensure your Job site stays clean and safe. In addition, we believe everyone should have access to clean facilities which Is why we take prlde in our porta Johns. We go the extra mile to ensure our porta Johns are the cleanest anywhere! But, the thing that truly sets us apart is our people. Our team is knowledgeable and dependable, and we believe great customer service goes a long way! 9B #9a&bApplicants Experience----- ABOUT DEBRIS & WASTE REMOVAL PORTABLE RESTROOM SOLUTIONS CONTACT CET QUOTE What Makes Us Different Dependable &Timely Our team has been thoroughly trained on how to efficiently service a porta john so they can create the same great result time after time. We have developed our cleaning and inspection process to ensure that quality is delivered quickly and consistently! We take pride in the fact that we offer essential service and the quality of our job can directly impact the quality of yours. In addition, Freedom Waste is licensed and insured and DOI compliant keeping our operation, and yours running smoothly. Vast Inventory at Competitive Prices We aim to give great service, at a great price. You'll truly see the value when your porta johns are serviced on time, every time, and your debris is quickly hauled off the site. We understand no two jobs are exactly the same and'our inventory of waste containers and porta johns are sure to fit your needs. whether you are cleaning out your garage, or building a high rise, Freedom Waste has the inventory to complete your project while staying within your budget. Experienced and Courteous With 20 years of experience under our belts. you can rest assured we know how to get the job done! In addition to industry know-how, our team members are the most knowledgeable and friendliest in town. We understand the pressures of projects both large and small, and our team aims to make the waste removal process as easy as possible. If you are unsure of where to start, our experienced staff' can assist you in finding the right waste container for your needs. Give us a call today to find out why we receive consistently great reviews from our customers. 9B #9a&B Applicants Experience ABOUT DEBRIS & WASTE REMOVAL PORTABLE RESTROOM SOLUTIONS CONTACT CET QUOTE TEAM PARKS STUART SAILFISH RECIATTE COUNTY OF ? STATE OF FLORIDA Hawkins Construction GHO HOMES Service Area We are proud to serve Brevard County, Indian River County and Martin County In the great state of Florida. Not sure if we service your area? Give us a call and speak to one of our friendly customer service representatives. LET US SHOW YOU HOW WE MAKE A DIFFERENCE IN WASTE MANAGEMENT. GET A FREE QUOTE High quality, fast and friendly service. Contact Freedom Waste Services for all your waste removal and porta potty needs. Proud Partner of the FusionSite Group RECENT POST How to Avoid Common Dompster Rental Mistakes CONTACT US TODAY 940 NE Dixie Hwy Jensen Beach, FL 34957 Martin 772.334.9700 Indian River 772.562.8611 9B ABOUT DEBRIS & WASTE REMOVAL PORTABLE RESTROOM SOLUTIONS CONTACT CET QUOTE > Your Guide to Roll Off Dumpster Sizes > 5 Advantages of Luxury Restroom Trailer Rental for Your Next Event Mon-Fri 7:00am-4:00pm COPYRIGHT 2019 FUSION SITE I ALL.RIGHTS RESERVED I Jensen. Beach Web Design Community List, Paragraph 9c and References 9d City of Port St Lucie Mike Villanti 121 SW Port St Lucie Blvd Port St Lucie, FL 34984 772-344-4234 City of Ft Pierce Rick Stauffer 100 N US1 Ft Pierce, FL 34950 772-359-0511 City of Melbourne Nick Coster 900 E Strawbridge Ave Melbourne, FL 32901 321-536-3690 City of Stuart Milton Leggett 121 SW Flagler Avenue Stuart, FL 34994 772-260-1271 Town of Sewall's Point, Tina Ciechanowski 1 S Sewalls Point Rd Sewall's Point, FL 34996 772-781-3378 Paragraph 10 Prior Enforcement Issues A None B None C None D None City of Cape Canaveral Franchise Application Response: Potential Customers, Paragraph 11; Potential Customers 10yd dumpster would be provided to contractors for construction & demolition debris The estimated annual gross revenues that we anticipate is unknown at this time Vehicles and Equipment, Paragraph 12: Other Collection Equipment 2019 Hino 338 5PVNV8JJ9L5550597 2021 Hino 338 5PVNV8AV7M5T50038 10yd Dumpster #13 Insurance Requirements ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYY) 1/25/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATiVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER (OR) Heffernan insurance Brokers 5100 S Macadam, Suite 440 Portland OR 97239 License# 0564249 CONTACT NAME: PHONE (A/C. No. Ext) 503-226-1320 FAX (A/C, No.): 503-226-1478 E-MAIL ADDRESS: INSURER (S) AFFORDING COVERAGE NAIC # INSURER A: Depositors Insurance Company 42587 FUSISER-01 INSURED FusionSite Florida LLC dba: Freedom Waste Services, dba: Freedom Portables, dba: Freedom Waste of Brevard 940 NE Dixie Highway Jensen Beach FL 34957 INSURER B: ALLIED Property and Casualty Insurance Company 42579 INSURER C: AMCO Insurance Company 19100 INSURER D: Berkshlre Hathaway Hornestate Insurance Company 20044 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1471657389 REVISION NUMBER: CERTIFICATE NUMBER:1471657389 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE 8E.EN ISSUED TO THE —INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ISNR LTR TYPE OF INSURANCE ADDL INSD SYBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) A. X- COMMERCIAL GENERAL LIABILITY CLAIMS-MADE X-OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: X- POLICY O PROJECT O LOC 0 OTHER: B. AUTOMOBILE LIABLITY X-ANY AUTO O OWNED AUTOS ONLY HIRED X- AUTOS ONLY X- PIP O SCHEDULED AUTOS X-NON-OWNED AUTOS ONLY C. X- UMBRELLA LIAB X- OCCUR O EXCESS LIAB O CLAIMS-MADE 0 DEO X- RETENTION $ 0 D. WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE Y/N OFFICER/MEMEBER EXCLUDED: N N/A (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below A GL Pollution Liability CG7079 B Auto Pollution Liablity CA9948 POLICY NUMBER ACP3039167903 ACP3039167903 ACP3039167903 FUWC318455 ACP3039167903 ACP3039167903 POLICY EFF (MM/DD/YYYY 5/1/2022 5/1/2022 5/1/2022 5/1/2022 5/1/2022 5/1/2022 POLICY EXP (MM/DD/YYYY 5/1/2023 5/1/2023 5/1/2023 5/1/2023 5/1/2023 5/1/2023 LIMITS EACH OCCURRENCE $1,000,000 DAMAGED TO RENTED PREMISES (Ea occurrence) $1,000,000 MED EXP ( Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREATE $2,000.000 PRODUCTS-COMP/OP AGG $2,000,000 --------- $------ COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ PIP $10,000 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 X- PER STATUTE O OTHER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE-EA EMPLOYEE $1,000,000 E.L. DIEASE-POLICY LIMIT $1,000,000 Limit $1,000,000 Limit Included in CSL DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached (if more space is required) Re: As Per Contract or Agreement on File with Insured. City of Cape Canaveral is included as an addititonal insured on General Liability policy per the attached endorsement, if required. CERTIFICATE HOLDER CANCELLATION City of Cape Canaveral SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 100 Polk Ave. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Cape Canaveral, FL 32920 ACCORDANCED WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (Signature) 1988-2015 ACORD CORPORATION, All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD ACP3039167903 COMMERCIAL GENERAL LIABILITY CG 73 23 12 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ENHANCEMENT PLUS ENDORSEMENT INCLUDING MEDICAL PAYMENTS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A Lost Key Coverage D. 1. Under Section I — Coverages, Coverage A Bodily Injury And Property Damage Liability, coverage is extended to include the following: If a customer's master or grand key, excluding electronic key card, is Lost, damaged or stolen while in your care, custody or control we will pay the cost of replacing the keys, including the master lock and all keys used in the same lock, the cost of adjusting locks to accept the new keys, or the cost to replace the locks, whichever is less. 2. Limit of Insurance — For the purpose of this coverage the most we will pay is $ 10,000 per "occurrence". B. Voluntary Property Damage 1. Section I — Coverages, Coverage A Bodily Injury And Property Damage Liability, coverage is extended to include the following: At your request, we will pay for "property damage" to property of others caused by you and while in your possession, arising out of your business operations and occurring during the policy period. 2. Limit of Insurance — For the purpose of this coverage the most we will pay is $1,500 per "occurrence". C. Non -Owned Watercraft Under Section I — Coverages, Coverage A Bodily Injury And Property Damage Liability, 2. Exclusions, Exclusion g. Aircraft, Auto Or Watercraft Paragraph (2) (a) is replaced with: (a) Less than 51 feet long; and CG 73 23 12 16 Expanded Property Damage Coverage 1. For the purposes of this endorsement only: Section I — Coverages, Coverage A Bodily Injury And Property Damage Liability, 2. Exclusions, Exclusion j. Damage To Property is amended as follows: a. Paragraphs (3), (5), and (6) are deleted in their entirety. b. Paragraph (4) is deleted in its entirety and replaced with: (4) Personal property in the care, custody, or control of the insured: (a) for storage or sale at premises you own, rent or occupy; or (b) while being transported by any aircraft, "auto" or watercraft owned or operated by or rented to or loaned to any insured. c. The coverage provided by this endorsement does not apply to "property damage": (1) Arising out of the disappearance or loss of use of personal property; or (2) Included in the "products -completed operations hazard". 2. Limit of Insurance - The most we will pay for loss arising out of any one "occurrence" is $5,000. 3. Deductible - Our obligation to pay for a covered loss applies only to the amount of loss in excess of $250. We will pay the deductible amount to effect settlement of any claim or "suit" and, upon notification of this action having been taken, you shall promptly reimburse us for the deductible as has been paid by us. CG 73 23 12 16 includes copyrighted material of Insurance Services Office, Inc., Page 1 of 5 with its permission. CG73231216 This insurance is primary to any. expanded property damage coverage provided by a separate endorsement attached to this policy, and it will supplant any deductible in said endorsement E. Damage To Premises Rented To You 1. Under Section I — Coverages, Coverage A Bodily injury And Property Damage Liability, the last paragraph of 2. Exclusions is replaced with: if Damage To Premises Rented To You is not otherwise excluded, Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke, or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. 2. Under Section III — Limits Of Insurance, Paragraph 6 is replaced with: 6. Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by -fire, lightning, explosion, smoke or sprinkler leakage, while rented to you or temporarily occupied by you with permission of the owner. The limit is increased to $1,000,000. 3. Under Section IV — Commercial General Liability Conditions, 4. Other Insurance, b. Excess Insurance (1) (a) (il) is replaced with: (ll) That is Fire, Lightning, Explosion, Smoke or Sprinkler leakage insurance for premises rented to you or temporarily occupied by you with permission of the owner. F. Supplementary Payments Under Section I — Coverages, Supplementary Payments — Coverages A and B Paragraphs 1.b and 1.d. are replaced with: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds; Page 2 of 5 d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit, including actual Toss of earnings up to $500 a day because of time off from work. G. Newly Formed And Acquired Organizations Under SECTION II — WHO IS AN INSURED Paragraph 3.a. is replaced with: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; H. Additional Insured — Automatic Status When Required In An Agreement Or Contract With You Section II — Who Is An insured is amended to include: 1. Any person(s) or organlzation(s) described in Paragraph a. — d. below with whom you have agreed in writing in a contract or written agreement that such person or organization be added as an additional insured on your policy during the policy period shown in the Declarations. 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above. The person or organization added as an insured by this endorsement is an insured only for liability due to: a. Lessors of Leased Equipment — with respect to their liability for "bodily injury", 'property damage', or "personal and advertising injury", caused in whole or In part by your maintenance, operation, or use of equipment leased to you by such person(s) or organization(s). This insurance does not apply to any "occurrence" which takes place after the equipment lease expires. However, their status as additional insured under this policy ends when their lease, contract, or agreement with you for such leased equipment expires. b. Managers or Lessors of Premises — with respect to liability arising out of the ownership, maintenance, or use of that part of the premises you own, rent, lease, or occupy. Page 2 of 5 includes copyrighted material of Insurance Services Office, inc., CG 73 2312 16 with its permission. CG 73 23 12 16 This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new con- struction, or demolition operations performed by or on behalf of the person or organization. However, their status as :additional insured under this policy ends when -you cease to be a tenant of such premises. c. State or Political Subdivision -- Permits Relating to Premises — with respect to the following hazards for which the state or political subdivision has issued a permit or authorization In connection with premises you own, rent, or control and to which this insurance applies. (1) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, inanholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or (2) The construction, erection, or removal of elevators; or (3) The ownership maintenance or use of any elevators covered by this insurance. This insurance does not apply to: (1) "Bodily injury" or "property damage" or "personal or advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury' or "property damage" included within the "products - completed operations hazard". However, such state or political subdivision's status as additional insured under this policy ends when the permit ends. d. Owners, Lessees, or Contractors — with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" caused in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed for that additional insured, whether the work is performed by you or on your behalf. The insurance does not apply to: (1) "Bodily injury", "property damage", or "personal and advertising injury" arising out of the rendering of or the failure to render any professional architectural, engineering, or survey services, including: (a) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, survey, field orders, change orders, or drawings and specifications; or (b) Supervisory, inspection, archi- tectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or failure to render, any professional, architectural, engineering, or surveying services. (2) "Bodily injury" or "property damage' occurring after: (a) All work, including materials, parts, or equipment furnished in connection with such work, on the project (other than service, maintenance, or repairs) to be performed by or on behalf of the additional insureds) at the location of the covered operations has been completed; or CG 73 23 1216 includes copyrighted material of insurance Services Office, inc., with its permission. Page 3 of 5 CG73231216 (b) That portion of "your work" out of which the injury or damage arises has been pot to its intended use by any person or organization other than another contractor or subcontractor engaged in .performing operations for a principal as a part of the same project. However, a person or organization's status as additional insured under this policy ends when your operations for that additional insured are completed. With respect to the insurance afforded to such additional insureds a. — d. described above, the following is added to Section iII — Limits Of Insurance: If coverage provided to the •additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement or 2. Available under the applicable Limits of insurance shown in the Declarations: whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. However, the insurance afforded to such additional insureds a. — d. described above: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 3. Primary and Noncontributory ; — Other Insurance Conditions The following is added to the Other insurance Condition and supersedes any provisions to the contrary: Primary and Noncontributory Insurance This insurance is primary to and will not seek contribution from any otherinsurance available to an additional insured under your policy provided that: a. The additional insured is a Named insured under such other insurance; and b. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. I. Employee Bodily Injury To Another Employee Under Section ii — Who is An Insured The following is added to Paragraph 2.a.(1): Paragraphs 2.a.(1) (a), (b) and (c) do not apply to "bodily injury" to a co -'employee" in the course of the co -"employee's" employment by you, or to "bodily injury" to a co -"volunteer worker" while performing duties related to the conduct of your business. J. Broad Form Named Insured Under Section II — Who is An insured The following is added to Paragraph 2.: e. Any business entity incorporated or organized under the laws of the United State of America (including any State thereof), its territories or possessions, or Canada (including any Province thereof) in which the Named Insured shown in The Declarations owns, during the policy period, an interest of more than fifty percent. If other valid collectible insurance is available to any business entity covered by this solely by reason of ownership by the Named Insured shown in the Declarations in excess of fifty percent, this insurance is excess over the other insurance, whether primary, excess, contingent, or on any other basis. K. Aggregate Limit Per Location Under Section III — Limits Of insurance the following is added to Paragraph 2: The General Aggregate Limit under Section III Limits Of Insurance applies separately to each of your locations owned by or rented to you or temporarily occupied by you with the permission of the owner. For the purposes of this provision, location means premises involving the same or connecting lots, or premises whose connection is interrupted only by a public street, roadway, waterway or railroad right-of-way. L. Aggregate Limit Per Project Under Section III — Limits Of insurance The following paragraph Is added to Paragraph 2: The General Aggregate Limit under Section iII Limits Of Insurance applies separately to each of your construction projects away from premises owned by or rented to you. Includes copyrighted material of Insurance Services Office, Inc., CG 73 23 1216 with its permission. Page 4 of 5 CG 73 23 12 16 M. Medical Payments Under Section III — Limits Of Insurance, Paragraph 7. is replaced with: 7. Subject to 5. above, the higher of: a. $10,000; or b. The amount shown in the Declarations for Medical Expense Limit Is the most we will pay under Coverage C for all medical expenses because of "bodily injury' sustained by one person. This coverage does not apply if Coverage C — Medical Payments is excluded either by the provisions of any coverage forms attached to the policy or by endorsement. N. Knowledge Of An Occurrence Under Section IV — Commercial. General Liability Conditions, the following is added to 2. Duties in The Event Of Occurrence, Offense, Claim Or Suit: e. Knowledge of an occurrence, offense, claim or suit by an agent or employee of any insured shall not in itself constitute knowledge of the insured unless you, a partner, if you are a partnership; or an executive officer or insurance manager, if you are a corporation receives such notice of an occurrence, offense, claim or suit from the agent or employee. f. The requirements in Paragraph: • b. will not be considered breached unless there is knowledge of occurrence as outlined in Paragraph e. above. O. Unintentional Failure To Disclose Hazard Under Section IV — Commercial General Liability Conditions, Condition 6. Representations the following paragraph is added: d. Your failure to disclose all hazards or prior "occurrences" or offenses existing.as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" or offenses is not intentional. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal. P. Waiver Of Subrogation Under Section IV — Commercial General Liability Conditions, 8. Transfer Of Rights Of Recovery Against Others To Us the following paragraph is added: if required by a written contract executed prior to Toss, we waive any right of subrogation we may have against the contracting person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". Q. Liberalization Under Section IV — Commercial• General Liability Conditions, the following paragraph is added: 10. Liberalization If we revise this coverage form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. R. Broadened Bodily Injury Definition (Mental Anguish) Under Section V — Definitions Definition 3. "Bodily injury" is replaced with: 3. "Bodily injury" means physical injury, sickness, or disease to a person and if arising out of the foregoing, mental anguish, mental injury, shock, or humiliation, including death at any time resulting therefrom. All terms and conditions of this policy apply unless modified by this endorsement. CG 73 23 12 16 includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 5 ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 2/14/2023 ACORD CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be ednsorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER (OR) Heffernan Insurance Brokers 5100 S Macadam, Suite 440 Portland OR 97239 CONTACT NAME: PHONE (A/C No. Ext): 503-226-1320 FAX (A/C, No.): 503-226-1478 E-MAIL ADDRESS: License#0564249 INSURED FusionSite Florida LLC dba: Freedom Waste Services, dba: Freedom Portables, dba: Freedom Waste of Brevard 940 NE Dixie Highway Jensen Beach FL 34957 FUSISER-01 INSURER(.S) AFFORDING COVERAGE INSURER A Depositors Insurance Company INSURERS ALLIED Property and Casualty Insurance Company INSURER AMCO Insurance Company INSURER D : INSURER E : INSURER F : CONERAGES CERTIFICATE NUMBER: 446077095 REVISION NUMBER: NAIC # 42587 42579 19100 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD MIL POLICY NUMBER ;MM/DDYYYYYY MM/DDfYYYYI A X COMMERCIAL GENERAL LIABILITY Y ACP3039167903 5/1/2022 5/1/2023 B CLAIMS -MADE X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: X- POLICY O PROJECT O LOC OTHER: AUTOMOBILE LIABILITY X ANY AUTO O OWNED AUTOS ON ONLY X HIRED AUTOS ON ONLY X PIP SCHEDULED AUTOS X-NON -OWNED AUTOS ONLY X UMBRELLA LAB X OCCUR EXCESS LIAB CLAIMS -MADE DED X RETENTION $ 0 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTI VE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below A GL Pollution Liability CG7079 B Auto Pollution Liability CA9948 Y / N N/A ACP3039167903 ACP3039167903 ACP3039167903 ACP3039167903 5/1/2022 LIMITS EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES [Ea occurrenbe] $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 5/1/2023 COMBINED SINGLE LIMIT $ , 1,000000 (Ea accident) BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE {Per accident) PIP $10,000 5/1/2023 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 PER STATUTE I I OTH-ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ 5/1/2022 5/1/2023 Limit 5/1/2022 5/1/2023 Limit S1,000,000 Included in CSL DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: As Per Contract or Agreement on File with Insured. City of Cape Canaveral is included as an additional insured (includes product/completed operations) on General Liability policy and additional insured on Atdmmnhile 1 iabilitypolicy,pea,fa(t ched endorsement, if required- This Certificate replaces and supersedes all previously issued certificates. CERTIFICATE HOLDER City of Cape Canaveral 100 Polk Ave. Cape Canaveral, FL 32920 ACORD 25 (2016/03) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (Signature) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD RECEIVED FEB 14 2023 COM. DEV. DEPT ACP3039167903 COMMERCIAL GENERAL LIABILITY CG 72 46 11 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOATIC STATUS FOR OTHER PARTIES WHEN REQUIRED IN WRITTEN CONSTRUCTION AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured: Ongoing Operations 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured described above: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured for ongoing operations ends when your operations for the person or organization described in Paragraph 1. above are completed. With respect to insurance afforded to these additional insureds for ongoing operations, this insurance does not apply to "bodily injury" or "property damage" occurring after: a. All work, including material, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed: or b. that operation of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. B. Section II — Who Is An Insured is amended to include as an additional insured: Products —Completed Operations Any person or organization with whom you have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" performed for such person or organization and included in the "products -completed operations hazard". However, the insurance afforded to such additional insured described above: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. C. With respect to the insurance afforded to these additional insureds, this insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering CG 72 46 11 15 Includes copyrighted material of Insurance Services Office, Inc with its permission. Page 1 of 2 CG 72 46 11 15 of, or the failure to render, any professional architectural, engineering or surveying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. D. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1. or Paragraph B.; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is Tess. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. E. With respect to the insurance afforded to these additional insureds, the following is added to Section IV — Commercial General Liability Conditions, Condition 4. Other Insurance and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. All terms and conditions of this policy apply unless modified by this endorsement. Includes copyrighted material of Insurance Services Office, Inc. CG 72 46 11 15 with its permission. Page 2 of 2 ACP3039167903 COMMERCIAL GENERAL LIABILITY CG 73 23 12 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ENHANCE PLUS ENDORSEMENT INCLUDING MEDICAL PAYMENTS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Lost Key Coverage 1. Under Section 1 — Coverages, Coverage A Bodily Injury And Property Damage Liability, coverage is extended to include the following: If a customer's master or grand key, excluding electronic key card, is lost, damaged or stolen while in your care, custody or control we will pay the cost of replacing the keys, including the master lock and all keys used in the same lock, the cost of adjusting locks to accept the new keys, or the cost to replace the locks, whichever is less. 2. Limit of Insurance — For the purpose of this coverage the most we will pay is $ 10,000 per "occurrence". B. Voluntary Property Damage 1. Section I — Coverages, Coverage A Bodily Injury And Property Damage Liability, coverage is extended to include the following: At your request, we will pay for "property damage" to property of others caused by you and while in your possession, arising out of your business operations and occurring during the policy period. 2. Limit of Insurance — For the purpose of this coverage the most we will pay is $1,500 per "occurrence". C. Non -Owned Watercraft Under Section I — Coverages, Coverage A Bodily Injury And Property Damage Liability, 2. Exclusions, Exclusion g. Aircraft, Auto Or Watercraft Paragraph (2) (a) is replaced with: (a) Less than 51 feet long; and CG 73 23 12 16 D. Expanded Property Damage Coverage 1. For the purposes of this endorsement only: Section I — Coverages, Coverage A Bodily Injury And Property Damage Liability, 2. Exclusions, Exclusion j. Damage To Property is amended as follows: a. Paragraphs (3), (5), and (6) are deleted in their entirety. b. Paragraph (4) is deleted in its entirety and replaced with: (4) Personal property in the care, custody, or control of the insured: (a) for storage or sale at premises you own, rent or occupy; or (b) while being transported by any aircraft, "auto" or watercraft owned or operated by or rented to or loaned to any insured. c. The coverage provided by this endorsement does not apply to "property damage": (1) Arising out of the disappearance or loss of use of personal property; or (2) Included in the "products -completed operations hazard". 2. Limit of Insurance - The most we will pay for loss arising out of any one "occurrence" is $5,000. 3. Deductible - Our obligation to pay for a covered loss applies only to the amount of loss in excess of $250. We will pay the deductible amount to effect settlement of any claim or "suit" and, upon notification of this action having been taken, you shall promptly reimburse us for the deductible as has been paid by us. CG 73 23 12 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 5 CG 73 23 12 16 This insurance is primary to any expanded property damage coverage provided by a separate endorsement attached to this policy, and it will supplant any deductible in said endorsement E. Damage To Premises Rented To You 1. Under Section 1— Coverages, Coverage A Bodily Injury And Property Damage Liability, the last paragraph of 2. Exclusions is replaced with: If Damage To Premises Rented To You is not otherwise excluded, Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke, or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. 2. Under Section III — Limits Of Insurance, Paragraph 6 is replaced with: 6. Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion, smoke or sprinkler leakage, while rented to you or temporarily occupied by you with permission of the owner. The limit is increased to $1,000,000. 3. Under Section IV — Commercial General Liability Conditions, 4. Other Insurance, b. Excess Insurance (1) (a) (ii) is replaced with: (ii) That is Fire, Lightning, Explosion, Smoke or Sprinkler leakage insurance for premises rented to you or temporarily occupied by you with permission of the owner. F. Supplementary Payments Under Section I — Coverages, Supplementary Payments — Coverages A and B Paragraphs 1.b and 1.d. are replaced with: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. Newly Formed And Acquired Organizations Under SECTION II — WHO IS AN INSURED Paragraph 3.a. is replaced with: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; H. Additional Insured — Automatic Status When Required In An Agreement Or Contract With You Section II — Who Is An Insured is amended to include: 1. Any person(s) or organization(s) described in Paragraph a. — d. below with whom you have agreed in writing in a contract or written agreement that such person or organization be added as an additional insured on your policy during the policy period shown in the Declarations. 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above. The person or organization added as an insured by this endorsement is an insured only for liability due to: a. Lessors of Leased Equipment — with respect to their liability for "bodily injury", "property damage", or "personal and advertising injury", caused in whole or in part by your maintenance, operation, or use of equipment leased to you by such person(s) or organization(s). This insurance does not apply to any "occurrence" which takes place after the equipment lease expires. However, their status as additional insured under this policy ends when their lease, contract, or agreement with you for such leased equipment expires. b. Managers or Lessors of Premises — with respect to liability arising out of the ownership, maintenance, or use of that part of the premises you own, rent, lease, or occupy. Includes copyrighted material of Insurance Services Office, Inc., CG 73 23 12 16 with its permission. Page 2 of 5 CG 73 23 12 16 This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new con- struction, or demolition operations performed by or on behalf of the person or organization. However, their status as additional insured under this policy ends when you cease to be a tenant of such premises. c. State or Political Subdivision — Permits Relating to Premises — with respect to the following hazards for which the state or political subdivision has issued a permit or authorization in connection with premises you own, rent, or control and to which this insurance applies. (1) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or (2) The construction, erection, or removal of elevators; or The ownership maintenance or use of any elevators covered by this insurance. This insurance does not apply to: (1) "Bodily injury" or "property damage" or "personal or advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included within the "products - completed operations hazard". However, such state or political subdivision's status as additional insured under this policy ends when the permit ends. d. Owners, Lessees, or Contractors — with respect to liability for "bodily injury', "property damage", or "personal and advertising injury" caused in whole or in part, by: (1) Your acts or ommissions: or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed for that additional insured, whether the work is performed by you or on your behalf. The insurance does not apply to: (1) "Bodily injury", "property damage", or "personal and advertising injury" arising out of the rendering of or the failure to render any professional architectural, engineering, or survey services, including: (a) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, survey, field orders, change orders, or drawings and specifications; or (b) Supervisory, inspection, archi- tectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or failure to render, any professional, architectural, engineering, or surveying services. (2) "Bodily injury" or "property damage" occurring after: (a) All work, including materials, parts, or equipment furnished in connection with such work, on the project (other than service, maintenance, or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or CG 73 23 12 16 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 3 of 5 CG73231216 (b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. However, a person or organization's status as additional insured under this policy ends when your operations for that additional insured are completed. With respect to the insurance afforded to such additional insureds a. — d. described above, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations: whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. However, the insurance afforded to such additional insureds a. — d. described above: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 3. Primary and Noncontributory — Other Insurance Conditions The following is added to the Other Insurance Condition and supersedes any provisions to the contrary: Primary and Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: a. The additional insured is a Named Insured under such other insurance; and b. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. I. Employee Bodily Injury To Another Employee Under Section II — Who Is An Insured The following is added to Paragraph 2.a.(1): Paragraphs 2.a.(1) (a), (b) and (c) do not apply to "bodily injury" to a co -"employee" in the course of the co -"employee's" employment by you, or to "bodily injury" to a co -"volunteer worker" while performing duties related to the conduct of your business. J. Broad Form Named Insured Under Section II — Who Is An Insured The following is added to Paragraph 2.: e. Any business entity incorporated or organized under the laws of the United State of America (including any State thereof), its territories or possessions, or Canada (including any Province thereof) in which the Named Insured shown in the Declarations owns, during the policy period, an interest of more than fifty percent. If other valid collectible insurance is available to any business entity covered by this solely by reason of ownership by the Named Insured shown in the Declarations in excess of fifty percent, this insurance is excess over the other insurance, whether primary, excess, contingent, or on any other basis. K. Aggregate Limit Per Location Under Section III — Limits Of Insurance the following is added to Paragraph 2: The General Aggregate Limit under Section III Limits Of Insurance applies separately to each of your locations owned by or rented to you or temporarily occupied by you with the permission of the owner. For the purposes of this provision, location means premises involving the same or connecting lots, or premises whose connection is interrupted only by a public street, roadway, waterway or railroad right-of-way. L. Aggregate Limit Per Project Under Section III — Limits Of Insurance The following paragraph is added to Paragraph 2: The General Aggregate Limit under Section III Limits Of Insurance applies separately to each of your construction projects away from premises owned by or rented to you. Includes copyrighted material of Insurance Services Office, Inc., CG 73 23 12 16 with its permission. Page 4 of 5 CG 73 23 12 16 M. Medical Payments Under Section III — Limits Of Insurance, Paragraph 7. is replaced with: 7. Subject to 5. above, the higher of: a. $10,000; or b. The amount shown in the Declarations for Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by one person. This coverage does not apply if Coverage C — Medical Payments is excluded either by the provisions of any coverage forms attached to the policy or by endorsement. N. Knowledge Of An Occurrence Under Section IV — Commercial General Liability Conditions, the following is added to 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit: e. Knowledge of an occurrence, offense, claim or suit by an agent or employee of any insured shall not in itself constitute knowledge of the insured unless you, a partner, if you are a partnership; or an executive officer or insurance manager, if you are a corporation receives such notice of an occurrence, offense, claim or suit from the agent or employee. f. The requirements in Paragraph b. will not be considered breached unless there is knowledge of occurrence as outlined in Paragraph e. above. O. Unintentional Failure To Disclose Hazard Under Section IV — Commercial General Liability Conditions, Condition 6. Representations the following paragraph is added: d. Your failure to disclose all hazards or prior "occurrences" or offenses existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" or offenses is not intentional. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal. P. Waiver Of Subrogation Under Section IV — Commercial General Liability Conditions, 8. Transfer Of Rights Of Recovery Against Others To Us the following paragraph is added: If required by a written contract executed prior to loss, we waive any right of subrogation we may have against the contracting person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". Q. Liberalization Under Section IV — Commercial General Liability Conditions, the following paragraph is added: 10. Liberalization If we revise this coverage form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. R. Broadened Bodily Injury Definition (Mental Anguish) Under Section V — Definitions Definition 3. "Bodily Injury" is replaced with: 3. "Bodily injury" means physical injury, sickness, or disease to a person and if arising out of the foregoing, mental anguish, mental injury, shock, or humiliation, including death at any time resulting therefrom. All terms and conditions of this policy apply unless modified by this endorsement. CG 73 23 12 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 5 ACP3039167903 COMMERCIAL AUTO AC 70 06 0316 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO PROTECTION - PLATINUM This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SUMMARY OF COVERAGES A. Effect of This Endorsement B. Newly Acquired of Formed Entities C. Employees as insureds — Nonowned Autos D. Additional Insured by Contract, Permit or Agreement E. Supplementary Payments — Bail Bonds F. Supplementary Payments — Loss of Eamings G. Personal Effects and Property of Others Extension H. Prejudgment Interest Coverage I. Fellow Employees J. Hired Auto Physical Damage K. Temporary Substitute Autos — Physical Damage Coverage L. Expanded Towing Coverage M. Auto Loan or Lease Coverage N. Original Equipment Manufacturer Parts — Leased Private Passenger Types O. Deductible Amendments P. Expanded Transportation Expense Q. Extra Expense — Stolen Autos R. Physical Damage Limit of Insurance S. New Vehicle Replacement Cost T. Physical Damage Coverage Extensions U. Business Income and Extra Expense Coverage V. Transfer of Rights Of Recovery Against Others To Us W. Section IV — Business Auto Conditions — Notice of and Knowledge of Occurrence X. Hired Car Coverage Territory Y. Emergency Lockout Z. Cancellation Condition AC 70 06 03 16 Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 7 COMMERCIAL AUTO AC 70 06 03 16 A. EFFECT OF THIS ENDORSEMENT Coverage provided under this policy is modified by the provisions of this endorsement. If there is any conflict between the provisions of this endorsement and the provision(s) of any state - specific endorsement also attached to this poli- cy, then the provision(s) of the state -specific endorsement shall apply instead of the provi- sions of this endorsement that are in conflict, but only to the extent of the conflict, and only to the extent necessary to bring such provisions into conformance with the state requirement(s) contained in the provision(s) of the state -specific endorsement. B. NEWLY ACQUIRED OR FORMED ENTITIES The Named Insured shown in the Declarations is amended to include any organization you newly acquire or form, other than a partnership, joint venture, or limited liability company, and over which you maintain ownership or majority (more than 50%) interest; if there is no other similar in- surance available to that organization. Coverage under this provision is afforded until the 180`h day after you acquire or form the organization or the end of the policy period, whichever is later. C. EMPLOYEES AS INSUREDS — NONOWNED AUTOS The following is added to paragraph A.1. Who Is An Insured of SECTION II — COVERED AUTOS LIABILITY COVERAGE: d. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your per- sonal affairs. D. ADDITIONAL INSURED BY CONTRACT, PERMIT OR AGREEMENT The following is added to A.1. Who Is An In- sured of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization that you are re- quired to name as an additional insured in a written contract or agreement that is executed or signed by you prior to a "bodily injury" or "property damage" occurrence is an "insured" for Covered Auto Liability coverage. How- ever, with respect to covered "autos", such person or organization is an insured only to the extent that person or organization qualifies as an "insured" under A.1. Who is an Insured of SECTION II — COVERED AUTOS LIABILITY COVERAGE: If specifically required by the written contract or agreement referenced in the paragraph above, any coverage provided by this endorsement to an additional insured shall be primary and any other valid and collectible insurance avail- able to the additional insured shall be non- contributory with this insurance. If the written contract does not require this coverage to be primary and the additional insured's coverage to be non-contributory, then this insurance will be excess over any other valid and collectible insur- ance available to the additional insured. E. SUPPLEMENTARY PAYMENTS — BAIL BONDS Supplementary Payments of SECTION II — COVERED AUTOS LIABILITY COVERAGE is revised as follows: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) re- quired because of an "accident" we cover. We do not have to furnish these bonds. F. SUPPLEMENTARY PAYMENTS — LOSS OF EARNINGS Supplementary Payments of SECTION II — COVERED AUTOS LIABILITY COVERAGE is revised as follows: (4) All reasonable expenses incurred by the "in- sured" at our request, including actual loss of earnings up to $1,000 a day because of time off from work. G. PERSONAL EFFECTS AND PROPERTY OF OTHERS EXTENSION 1. The Care, Custody or Control Exclusion of SECTION II — COVERED AUTOS LIABILITY COVERAGE, does not apply to "property dam- age" to property, other than your property, up to an amount not exceeding $500 in any one "acci- dent". Coverage is excess over any other valid and collectible insurance. 2. The following paragraph is added to A.4. Coverage Extensions of SECTION 111 - PHYSICAL DAMAGE COVERAGE: c. We will pay up to $1,000 for your prop- erty that is lost or damaged as a result of a covered "loss", without applying a deductible. Coverage is excess over any other valid and collectible insur- ance. Includes copyrighted material of Insurance Services Office, Inc. AC 70 06 03 16 with its permission Page 2 of 7 COMMERCIAL AUTO AC 70 06 03 16 H. PREJUDGMENT INTEREST COVERAGE The following paragraph is added to SECTION II — COVERED AUTOS LIABILITY COVERAGE, 2. Coverage Extensions, a. Supplementary Payments: (7) Prejudgment interest awarded against the "insured" on that part of the judgment we pay. If we make an offer to pay the appli- cable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. I. FELLOW EMPLOYEE The Fellow Employee Exclusion of SECTION II - COVERED AUTOS LIABILITY COVERAGE, does not apply if the "bodily Injury" results from the use of a covered "auto" you own or hire. The insurance provided under this provision is excess over any other collectible insurance. J. HIRED AUTO PHYSICAL DAMAGE If covered "auto" designation symbols 1 or 8 ap- ply to Liability Coverage and if at least one "au- to" you own is covered by this policy for Com- prehensive, Specified Causes of Loss, or Colli- sion coverages, then the Physical Damage coverages provided are extended to "autos" you lease, hire, rent or borrow without a driver; and provisions in the Business Auto Coverage Form applicable to Hired Auto Physical Damage apply up to a limit of $125,000. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. Any Compre- hensive deductible does not apply to fire or lightning. K. TEMPORARY SUBSTITUTE AUTOS — PHYSICAL DAMAGE COVERAGE The following is added to paragraph C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos of SECTION I — COVERED AUTOS: If Physical Damage Coverage is provided by this Coverage Form, the following types of vehicles are also covered "autos" for Physi- cal Damage Coverage: Any "auto" you do not own while used with the permission of its owner as a temporary substitute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss"; or e. Destruction The coverage that applies is the same as the coverage provided for the vehicle being replaced. L. EXPANDED TOWING COVERAGE 1. We will pay up to: a. $150 for a covered "auto" you own of the private passenger type, or b. $750 for a covered "auto" you own that is not of the private passenger type, for towing and labor costs incurred each time the covered "auto" is disabled. Howev- er, the labor must be performed at the place of disablement. 2. This coverage applies only for an "auto" covered on this policy for Comprehensive or Specified Causes of Loss Coverage and Collision Coverages. 3. Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". M. AUTO LOAN OR LEASE COVERAGE 1. In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the loan or lease, including up to a max- imum of $500 for early termination fees or penalties, for your covered "auto" less: a. The amount paid under SECTION III — PHYSICAL DAMAGE COVERAGE of this policy; and b. Any: 1) Overdue lease/loan payments at the time of the "loss"; 2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; 3) Security deposits not refunded by a lessor; 4) Costs of extended warranties, Credit Life insurance, Health, Accident, or Disability insurance purchased with the lease; and 5) Carry-over balances from previous leases. 2. This coverage only applies to a "loss" which is also covered under this policy for Com- prehensive, Specified Causes of Loss, or Collision coverage. CG 70 06 03 16 Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 3 of 7 COMMERCIAL AUTO AC 70 06 03 16 3. Coverage does not apply to any unpaid amount due on a loan for which the covered "auto" is not the sole collateral. N. ORIGINAL EQUIPMENT MANUFACTURER PARTS — LEASED PRIVATE PASSENGER TYPES Under Paragraph C. Limit of Insurance of SECTION III — PHYSICAL DAMAGE COVERAGE, Section 4 is added as follows: 4. We will use new original equipment vehicle manufacturer parts for any private passen- ger type covered "auto" where required by the lease agreement which has a term of at least six months. If a new original equip- ment vehicle manufacturer part is not in pro- duction or distribution we may use a like, kind and quality replacement part. O. DEDUCTIBLE AMENDMENTS The following are added to the Deductible provi- sion of SECTION III — PHYSICAL DAMAGE COVERAGE: If another policy or coverage form that is not an automobile policy or coverage form issued by this company applies to the same "accident", the following applies: 1. If the deductible under this coverage is the smaller (or smallest) deductible, it will be waived: 2. If the deductible under this coverage is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. If a Comprehensive or Specified Causes of Loss Coverage "loss" from one "accident" involves two or more covered "autos", only the highest deductible applicable to those coverages will be applied to the "accident," if the cause of the loss is covered for those vehicles. This provision only applies if you carry Comprehensive or Specified Causes of Loss Coverage for those vehicles, and does not extend coverage to any covered "autos" for which you do not carry such coverage. No deductible applies to glass if the glass is re- paired, in a manner acceptable to us, rather than replaced. P. EXPANDED TRANSPORTATION EXPENSE Paragraph A.4.a. of SECTION III — PHYSICAL DAMAGE COVERAGE is replaced by the following: We will pay up to $50 per day to a maximum of $1500 for temporary transportation expense in - curred by you because of the total theft of a covered "auto" of the private passenger type. We will only pay for those covered "autos" for which you carry Comprehensive or Specified Causes of Loss Coverage. We will pay for tem- porary transportation expenses incurred during the period beginning 24 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". Q. EXTRA EXPENSE — STOLEN AUTOS The following paragraph is added to Section A.4. of SECTION III — PHYSICAL DAMAGE COVERAGE: c. We will pay for up to $5,000 for the expense of returning a stolen covered "auto" to you. We will pay only for those covered "autos" for which you carry Comprehensive or Spec- ified Causes of Loss Coverage. R. PHYSICAL DAMAGE LIMIT OF INSURANCE Under SECTION III — PHYSICAL DAMAGE COVERAGE, Paragraph C., Limit of Insurance is replaced by the following: C. Limit Of Insurance 1. The most we will pay for "loss" in any one "accident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss", or b. The cost of repairing or replacing the damaged or stolen property. 2. $2000 is the most we will pay for "loss" in any one "accident" to all electronic equip- ment that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: a. Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the instal- lation of such equipment. b. Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or c. An integral part of such equipment. 3. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss", 4. The cost of repairing or replacing may: Includes copyrighted material of Insurance Services Office, Inc AC 70 06 03 16 with its permission. Page 4 of 7 COMMERCIAL AUTO AC 70 06 03 16 a. Be based on an estimate which includes parts furnished by the original equip- ment manufacturer or other sources in- cluding non -original equipment manu- facturers and b. If a repair or replacement results in bet- ter than like kind or quality, we will not pay for the amount of the net improve- ment. 5. If we offer to pay the actual cash value of the damaged or stolen property, we will value auto advertising wraps, paint customi- zation, and similar business related advertis- ing modifications, in addition to the actual cash value of the property. Auto advertising wraps, paint customization, and similar business related advertising modifications will be valued at the cost to replace them with an adjustment made for depreciation and physical condition. S. NEW VEHICLE REPLACEMENT COST The following is added to the Limit of Insurance provision of SECTION III — PHYSICAL DAMAGE COVERAGE: 5. The provisions of paragraphs 1.and 3. do not apply to a covered "auto" of the private passenger type or a vehicle with a gross ve- hicle weight rating of 20,000 pounds or less which is a "new vehicle." In the event of a total "loss" to your "new ve- hicle" to which this coverage applies, we will pay at your option: a. The verifiable "new vehicle" purchase price you paid for your damaged vehi- cle, not including any insurance or war- ranties purchased; b. If it is available, the purchase price, as negotiated by us, of a "new vehicle" of the same make, model, and equipment or the most similar model available, not including any furnishings, parts, or equipment not installed by the manufac- turer or manufacturers' dealership; or . c. The market value of your damaged ve- hicle, not including any furnishings, parts, or equipment not installed by the manufacturer or manufacturer's dealer- ship. We will not pay for initiation or set up costs associated with loans or leases As used in this endorsement, a "new vehi- cle" means an "auto" of which you are the original owner that has not been previously titled and which you purchased less than 365 days before the date of the "loss". T. PHYSICAL DAMAGE COVERAGE EXTENSIONS Under SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Exten- sions, b. Loss of Use Expenses is replaced by the following: b. Loss of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for Toss of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision if the Decla- rations indicate that Comprehen- sive Coverage is provided for any covered "auto"; (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Cover- age is provided for any covered "auto"; or Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto." However, the most we will pay for any expenses for Toss of use is $50 per day, to a maximum of $1,500. The insurance provided by this provision is excess over any other collectible insurance. U. BUSINESS INCOME AND EXTRA EXPENSE COVERAGE 1. Business Income Coverage We will pay the actual loss of business in- come sustained by you as a result of the necessary suspension of your business dur- ing the period of restoration due to "loss" to a covered "auto" used in your business. The Toss must be caused by a cause of loss cov- ered under item Al of. Physical Damage Coverage in this Coverage Part. 2. Extra Expense Coverage We will pay the necessary and reasonable extra expenses that you incur during the pe- riod of restoration that you would not have incurred had there been no "loss" to a cov- ered "auto" used in your business. The loss AC 70 06 03 16 Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 5 of 7 COMMERCIAL AUTO AC 70 06 03 16 must be caused by a cause of loss listed under item A1 of Physical Damage Cover- age in this Coverage Part. Extra Expenses means those expenses you incur to avoid or minimize the suspension of business and to continue your business operations. 3. Additional Conditions We will not pay for "loss" or expenses caused by suspension, lapse or cancellation of any license, lease or contract. But if the suspension, lapse or cancellation is directly caused by the suspension of your business, we will cover such "loss" that affects your business income. We will not pay under this coverage if you do not repair or replace the covered "auto". You must resume all or part of your business as quickly as possible. If you have other autos you can use to reduce the amount of loss payable under this cov- erage, you are required to use them. We will pay for expenses you incur to reduce the amount that otherwise would have been payable under this coverage. We will not pay more than the amount by which you ac- tually reduce the business income loss or extra expense incurred. 4. Limit The most we will pay for "loss" arising out of one covered "auto" is $10,000 per loss with an annual aggregate of $20,000. Payment applies in addition to the otherwise applica- ble amount of each coverage you have on a covered "auto". 5. Definitions a. "Business Income" means the: 1.). Net income (Net profit or loss before income taxes) that would have been earned or incurred if no loss would have occurred; and 2.). Continuing normal operating expenses incurred, including payroll. b. "Period of Restoration" means the period of time that: 1.). Begins: (a) 24 hours after the time of loss for Business Income Coverage; or (b) Immediately after the time of loss for Extra Expense Coverage; and 2.) Ends at the earliest of: (a) The time required to resume your normal business opera- tions; or (b) The time that is reasonably necessary to repair or replace the covered auto with a maxi- mum time period of 180 days. Period of Restoration does not include any increased period required due to the enforcement of any ordinance or law that re- quires any insured or others to test for, monitor, clean up, re- move, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of pollu- tants. The expiration date of this policy will not cut short the peri- od of restoration. V. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: We waive any right of recovery we may have against any person or organization to the extent required of you by a written con- tract executed prior to any "accident" be- cause of payments we make for damages under this coverage form. W. NOTICE OF AND KNOWLEDGE OF OCCURRENCE SECTION IV — BUSINESS AUTO CONDITIONS, Paragraph A is amended as follows: 6. NOTICE OF AND KNOWLEDGE OF OCCURRENCE a. Your obligation in the Duties in the Event of Accident, Claim, Suit or Loss Condi- tion relative to notification require- ments applies only when the "accident" or "loss" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. b. Your obligation in the. Duties in the Event of Accident, Claim, Suit or Loss Condition relative to providing us with documents concerning a claim or "suit" will not be Included copyrighted material of Insurance Services Office, Inc. AC 70 06 03 16 with its permission Page 6 of 7 COMMERCIAL AUTO AC 70 06 03 16 considered breached unless the breach occurs after such claim or "suit" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. X. HIRED CAR — COVERAGE TERRITORY Item (5) of the Policy Period, Coverage Territory General Condition is replaced by the following: (5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed without a driver for a period of 30 days or less; and Y. EMERGENCY LOCKOUT We will reimburse you up to $100 for reasonable expense incurred for the services of a locksmith to gain entry into your covered "auto" subject to these provisions: 1. Your door key, electronic key or key entry pad has been lost, stolen or locked in your covered "auto" and you are unable to enter such "auto" , or 2. Your keyless entry device battery dies and you are unable to enter such "auto" as a result, 3. Your key, electronic key or key entry pad has been lost or stolen and you have changed the lock to prevent an unauthorized entry; and 4. Original copies of receipts for services of a locksmith must be provided before reimbursement is payable. Z. CANCELLATION CONDITION Paragraph A.2. of the COMMON POLICY CONDITION — CANCELLATION applies except as follows: If we cancel for any reason other than nonpay- ment of premium, we will mail or deliver to the First Named Insured written notice of cancella- tion at least 60 days before the effective date of cancellation. This provision does not apply in those states that require more than 60 days prior notice of cancellation. AC 70 06 03 16 Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 7 of 7 Paragraph 14 Bond Requirements When approved, a $50,000 bond will be provided Paragraph #15 Other information (a) l can attest that Freedom Waste has the experience, personnel, equipment and other; resources necessary to provide construction and demolition dumpsters within the City of Cape Canaveral (b) l can attest that Freedom Waste has the capacity and willingness to comply with all applicable local, state, and federal laws (c) i can attest that the award of a Franchise to Freedom Waste will be in the public interest CITY OF CAPE CANAVERAL 100 POLK AVE. CAPE CANAVERAL, FL 32920 (321) 868-1220 Received Of: TRAVIS WADDELL The sum of: $1,000.00 ZONE FEE ZONING FEES TENDERED: RECEIPT 02/08/2023 10:55 Number: Cashier: Total Remaining Balance: CHECK 1310 85796 P.Roth $1,000.00 $1,000.00 $0.00 $1,000.00 FUSIONSITE FLORIDA LLC 940 NE DIXIE HIGHWAY JENSEN BEACH, FL 34957 1310 DATE January 25, 2023 PAY TO THEORDER OF City of Cape Canaveral $ 1,000.00 One Thousand 00/100 DOLLARS Pinnacle MEMO Application Fee (Signature) 064008637 I: 1310I800107131161I" Travis Waddell Attachment 2 1 ORDINANCE NO. 05-2023 2 3 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, 4 FLORIDA, PROVIDING FOR THE GRANTING OF A NON- 5 EXCLUSIVE FRANCHISE TO FUSIONSITE FLORIDA, LLC 6 D/B/A FREEDOM WASTE SERVICES FOR SMALL HAULER 7 CONSTRUCTION & DEMOLITION DEBRIS COLLECTION IN 8 ROLL -OFF CONTAINERS UNDER 20 CUBIC YARDS IN SIZE 9 WITHIN THE JURISDICTIONAL CITY OF CAPE CANAVERAL; 10 OUTLINING FRANCHISE DUTIES; IMPOSING 11 REQUIREMENTS UNDER WHICH FRANCHISE SHALL 12 OPERATE; PROVIDING FOR CONFLICTS, SEVERABILITY, 13 AND AN EFFECTIVE DATE. 14 15 16 WHEREAS, the citizens and businesses of Cape Canaveral have a continuing need 17 for the collection and disposal of construction and demolition debris; and 18 19 WHEREAS, Section 62-7 of the Cape Canaveral Code authorizes the City Council 20 to grant non-exclusive franchises to allow solid waste haulers to operate within the 21 jurisdictional limits of the City of Cape Canaveral; and 22 23 WHEREAS, the City of Cape Canaveral's current exclusive solid waste franchise with 24 Waste Pro authorizes Waste Pro to provide exclusive demolition and construction debris 25 services with roll -off containers of 20 cubic yards and greater; and 26 27 WHEREAS, the City Council desires to provide more opportunities to its citizens 28 and businesses to utilize the services of small haulers providing construction and 29 demolition debris services utilizing roll -off containers under 20 cubic yards; and 30 31 WHEREAS, Fusionsite Florida, LLC d/b/a Freedom Waste Services filed an 32 application with the City seeking a non-exclusive franchise to provide construction and 33 demolition debris services utilizing roll -off containers under 20 cubic yards within the 34 jurisdictional City of Cape Canaveral, Florida; and 35 36 WHEREAS, upon review of the application, the City has determined that Fusionsite 37 Florida, LLC d/b/a Freedom Waste Services has the necessary equipment, personnel and 38 experience to properly perform the services outlined in the City's solid waste regulations 39 and this Ordinance; and 40 41 WHEREAS, the City Council has determined that it is in best interests of the City 42 of Cape Canaveral and its citizens and businesses that Fusionsite Florida, LLC d/b/a City of Cape Canaveral Ordinance No. 05-2023 1 1 Freedom Waste Services be awarded a new non-exclusive right and franchise to provide 2 construction and demolition debris services utilizing roll -off containers under 20 cubic 3 yards within the jurisdictional limits of the City of Cape Canaveral upon the terms and 4 conditions recited herein for the limited purpose of collecting and disposing of 5 construction and demolition debris utilizing roll -off containers under 20 cubic yards. 6 7 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA 8 HEREBY ORDAINS, AS FOLLOWS: 9 10 SECTION ONE: Limited Franchise. 11 12 1. Grant of Limited Franchise. Effective upon adoption of this Ordinance, there is hereby 13 granted to Fusionsite Florida, LLC d/b/a Freedom Waste Services (herein called the 14 "Franchisee"), its successors and assigns, a non-exclusive right, privilege or franchise to 15 collect and dispose of construction and demolition debris generated on real property 16 located within the jurisdictional limits of the City of Cape Canaveral, Florida subject to the 17 terms and conditions as hereinafter set forth. The franchise granted hereunder is intended 18 to be limited solely to construction and demolition debris in roll -off containers under 20 19 cubic yards in size on real property located within the jurisdictional limits of the City of 20 Cape Canaveral. Franchisee shall not provide any other solid waste collection and disposal 21 services within the jurisdictional limits of the City of Cape Canaveral unless another 22 franchise or license is granted by the City. 23 24 2. Definitions. The following terms as used herein shall have the meaning ascribed below: 25 26 a. "City" shall mean the City of Cape Canaveral, Florida, a Florida municipal corporation. 27 28 b. "Franchisee" shall mean Fusionsite Florida, LLC, a Foreign limited liability company 29 d/b/a Freedom Waste Services. 30 31 c. "Franchise" shall mean the franchise granted to Franchisee by this Ordinance. 32 33 d. "Construction and demolition debris" shall have the same meaning proscribed in 34 62-701.200(24), Florida Administrative Code and Chapter 62 of the City Code, which at the 35 effective date of this Ordinance means: 36 37 Discarded materials generally considered to be not water soluble and non -hazardous in 38 nature, including but not limited to steel, glass, brick, concrete, asphalt material, pipe, 39 gypsum wallboard, and lumber, from the construction or destruction of a structure as part 40 of a construction or demolition project or from the renovation of a structure, including 41 such debris from construction of structures at a site remote from the construction or 42 demolition project site. The term includes rocks, soils, tree remains, trees, and other City of Cape Canaveral Ordinance No. 05-2023 2 1 vegetative matter that normally results from land clearing or land development operations 2 for a construction project; clean cardboard, paper, plastic, wood, and metal scraps from a 3 construction project; except as provided in Section 403.707(9)(j), Florida Statutes, yard 4 trash and unpainted, non -treated wood scraps from sources other than construction or 5 demolition projects; scrap from manufacturing facilities that is the type of material 6 generally used in construction projects and that would meet the definition of construction 7 and demolition debris if it were generated as part of a construction or demolition project, 8 including debris from the construction of manufactured homes and scrap shingles, 9 wallboard, siding concrete, and similar materials from industrial or commercial facilities 10 and de minimis amounts of other non -hazardous wastes that are generated at 11 construction or demolition projects, provided such amounts are consistent with best 12 management practices of the construction and demolition industries. Mixing of 13 construction and demolition debris with other types of solid waste will cause it to be 14 classified as other than construction and demolition debris. 15 16 e. "Roll -off container" means a dumpster, which is used for the collection and disposal 17 of construction and demolition debris or solid waste. The roll -off container may be of the 18 open or enclosed variety and is typically hoisted onto a specially equipped truck for 19 transporting the construction/demolition debris or solid waste to a designated facility. 20 21 3. Term. 22 23 a. The initial term of this Franchise shall be for a period of five (5) years, provided, 24 however, the City reserves the right to terminate the same prior thereto if the Franchisee 25 defaults in any one of the terms and conditions herein specified. 26 27 b. No sooner than six months prior to the expiration of the current term of this 28 Franchise, Franchisee may request, in writing, a renewal of the term of this franchise in 29 increments not to exceed five (5) years. Providing that the Franchisee is not in default of 30 this Franchise, can provide the minimum service required by this Franchise, and is 31 otherwise in compliance with applicable law, the City Council may grant the renewal 32 request by resolution. 33 34 4. Minimum Service. The Franchisee shall provide collection and disposal services subject 35 to the terms of the Franchisee's service agreement with the customer, but in all cases such 36 service must be at sufficient intervals necessary to protect the environment and comply 37 with the provisions of Chapter 62 of the City Code and other applicable law, unless 38 otherwise approved in advance by the City. 39 40 5. Hours. Collections shall be made between 7:00 a.m. and 7:00 p.m. unless different times 41 are approved by the City. If Franchisee is collecting and disposing of construction & 42 demolition debris within the City other than these times, drivers may be ticketed and this City of Cape Canaveral Ordinance No. 05-2023 3 1 Franchise may be subject to revocation by the City Council. 2 3 6. Litter. The Franchisee shall not litter customer's premises, surrounding properties or 4 public right-of-way in the process of making collections and shall promptly pick up all 5 papers, material or debris that may be scattered about the container. Franchisee shall 6 collect all material that has been placed in or about its containers unless otherwise directed 7 by the customer or City. 8 9 7. Approved Containers. Roll -off containers under 20 cubic yards in size, unless otherwise 10 approved in writing by the City, compatible with the Franchisee's servicing equipment and 11 subject to City and other governmental regulation and whose volume is listed in cubic 12 yards. Franchisee shall provide adequate containers for the services rendered hereunder. 13 Such container shall be provided at Franchisee's cost and shall remain the property of 14 Franchisee. 15 16 8. Special and Hazardous Materials. No hazardous wastes will be collected by the 17 Franchisee. 18 19 9. Collection Equipment. 20 21 a. The Franchisee shall provide an adequate number of vehicles for regular collection 22 services. They shall be kept in good repair, appearance, and in a sanitary condition at all 23 times. Each vehicle shall have clearly visible on each side the name and phone number of 24 the Franchisee and vehicle number. 25 26 b. Franchisee shall certify to the City upon the commencement of each franchise year 27 the nature and quantity of vehicles and equipment on hand and available for regular 28 collection services and backup in the event of the breakdown of any primary collection 29 vehicle. 30 31 c. Each roll -off container shall be systematically marked with the Franchisee's name 32 and contact information. 33 34 10. Office. The Franchisee shall establish and maintain a local office or such other facilities 35 through which it can be contacted and customer service requests and complaints can be 36 made. It shall be equipped with sufficient telephones, shall have one (1) responsible person 37 in charge during collection hours and shall be open during collection hours. 38 39 11. Hauling. All construction & demolition debris services provided under this Ordinance 40 shall comply with applicable provisions of the City Code and law, and shall be so contained, 41 or enclosed that leaking, spilling or blowing are prevented. In the event of any spillage, 42 the Franchisee shall upon notice of such spillage immediately clean up the litter at City of Cape Canaveral Ordinance No. 05-2023 4 1 Franchisee's sole expense. Further, if the spillage causes any damage to any streets and/or 2 any public infrastructure, the Franchisee shall be responsible for reimbursing the City for 3 the actual cost of repair or replacement of the streets and/or public infrastructure that is 4 damaged by Franchisee within thirty days of receipt of an invoice itemizing the actual 5 costs. In addition, if after receiving written notice from the City, Franchisee fails to properly 6 clean the leak, spill or litter within twenty-four hours as required herein, the City shall have 7 the right, but not obligation, to so clean and Franchisee shall reimburse the City for any 8 and all actual costs incurred by the City to clean the leak, spill and/or litter within thirty 9 days of receipt of an invoice itemizing the actual costs. 10 11 12. Disposal. All construction and demolition debris collected for disposal shall be hauled 12 to sites or facilities legally empowered to accept it for treatment or disposal. To the 13 maximum extent permitted by law and required by any agreement between the City and 14 Brevard County, if any, construction and demolition debris shall be disposed of at Brevard 15 County designated facilities. 16 17 13. Charges and Rates. All charges and rates for the collection and disposal of construction 18 and demolition debris shall be set by the Franchisee. Rates and charges shall not be set by 19 the City. 20 21 14. Location. All demolition and construction debris shall be placed in approved 22 containers at locations that are readily accessible to the Franchisee's personnel. Containers 23 shall be located on the customer's property and shall not be placed on public right-of-way 24 and sidewalks. 25 26 15. Compensation and Payment. 27 28 a. Other than payment of the City's initial and renewal franchise application fee, no 29 other franchise fee shall be paid to the City under this Franchise. 30 31 b. Nothing herein shall be construed or interpreted as addressing the payment of 32 any applicable business tax receipts or other taxes and assessments that may be owed to 33 the City by Franchisee pursuant to law. Franchisee shall be responsible for paying such 34 applicable business tax receipts, taxes and assessments. 35 36 c. Nothing herein shall be construed or interpreted as waiving or exempting 37 Franchisee from any applicable code enforcement or traffic penalties and fines imposed 38 on Franchisee in accordance with applicable law. 39 40 16. Discontinued Service; Public Nuisance. 41 42 a. The Franchisee may discontinue service to a customer in its discretion. However, City of Cape Canaveral Ordinance No. 05-2023 5 1 in accordance with the City's police powers granted to by law, the City shall have the 2 authority to direct the Franchisee to complete the service of any existing roll -off containers 3 located on a customer's property at the time of discontinuing service if the City determines 4 that the construction and demolition debris present on the customer's property 5 constitutes a public nuisance. 6 7 17. Complaints. All customer and City complaints received by the Franchisee shall be 8 resolved within twenty-four (24) hours unless the complaints cannot be reasonably 9 resolved within said time period, in which case the complaints shall be resolved within a 10 time period mutually agreeable to the complainant and Franchisee. Upon request by the 11 City, the Franchisee shall supply the City with copies of all complaints on a form approved 12 by the City and indicate the disposition of each complaint. Such records shall be available 13 for City inspection at all times during business hours. The form shall indicate the day and 14 hour on which the complaint was received and the day and hour on which it was resolved, 15 the name of the complainant, the nature of the complaint and the manner of resolution. 16 When a complaint is received on a Saturday, Sunday or holiday (including the day 17 preceding a holiday), it shall be serviced on the next normal working day. 18 19 18. Notification. The Franchisee shall notify customers about complaint procedures, 20 regulation, days and hours of collection, and the terms and conditions of this Franchise. 21 22 19. Franchisee Personnel. 23 24 a. The Franchisee shall assign a qualified person or persons to be in charge of 25 operations occurring within the City and upon request by the City, Franchisee shall give 26 the name or names and information regarding experience to the City. 27 28 b. Franchisee's collection employees shall wear a clean uniform that 29 preferably bears the company's name. 30 31 c. Each employee shall, at all times, carry a valid operator's license for the 32 type of vehicle he is driving. 33 34 d. The Franchisee shall provide operating and safety training for all personnel 35 and upon request of the City, Franchisee shall certify same to the City upon request. Such 36 certification shall identify all employees employed in Cape Canaveral, their job description 37 and the nature and type of training given said employees. 38 39 e. The Franchisee shall comply with the Equal Employment Opportunity 40 Program, the Fair Labor Standards Act and all other applicable Federal and State Statutes 41 pertaining to Fair Employment practices. 42 City of Cape Canaveral Ordinance No. 05-2023 6 1 20. Franchise Equipment. 2 3 a. The proper maintenance of equipment and vehicles under this Franchise is of 4 utmost importance to the City for purposes of protecting the public health, safety and 5 welfare. Accordingly, upon request by the City for good cause because of equipment and 6 vehicle safety concerns related the public, all equipment, trucks or other vehicles used by 7 Franchisee on the public streets and roads within the City of Cape Canaveral shall be 8 required to pass an annual safety inspection conducted by the City of Cape Canaveral or 9 its agents. If an inspection is required, the City shall utilize industry and vehicle 10 manufacturer standards. Where the vehicle manufacturers recommend minimum 11 requirements are more stringent than industry standards, the more stringent requirements 12 shall apply. 13 14 b. All vehicles shall be subject to, and shall immediately submit to spot, on the road 15 inspections and if found to be in non-compliance, said vehicle shall be immediately 16 removed from service until it can be repaired and is successfully re -inspected. 17 18 c. The use of vehicles failing to meet inspection standards may be grounds for 19 revocation of the Franchise if found by the City Council, after notice to the Franchisee and 20 an opportunity to be heard, to be flagrant or repeated in nature. 21 22 21. Compliance within Laws. The right is hereby reserved for the City to adopt, in addition 23 to the provisions herein contained and existing applicable ordinances, such additional 24 regulations as it shall find necessary in the exercise of the police power, provided that such 25 regulations by ordinance or otherwise shall be reasonable and not in conflict with the 26 intended purpose of this Ordinance. The Franchisee shall conduct operations under this 27 Ordinance in compliance with all applicable laws and its failure to comply shall constitute 28 a default hereunder. This Franchise shall not be construed to repeal or revise any existing 29 ordinance and to the extent that any provision of this Franchise is inconsistent with any 30 existing ordinance, then such existing ordinance shall prevail and control. 31 32 22. Performance Bond. Concurrent with this Franchise, the Franchisee shall furnish to the 33 City a Performance Bond executed by a surety authorized to do business in the State of 34 Florida in the amount of $50,000, insuring the faithful performance of the terms of this 35 Ordinance and executed by a surety company licensed to do business within the State of 36 Florida. Said Performance Bond is in an amount deemed by the City and the Franchisee to 37 be reasonable and necessary to enable the City to ensure Franchisee's performance under 38 this Franchise. 39 40 24. Liability & Insurance. The privileges herein granted are upon the express conditions 41 that the Franchisee shall be liable for all damages or injury to persons or property caused 42 by its neglect or mismanagement, or by the actions of any of its employees while engaged City of Cape Canaveral Ordinance No. 05-2023 7 1 in the operations herein authorized, or for any actions or proceedings brought as a result 2 of the award of this Franchise to Franchisee, to specifically include but not be limited to 3 Anti-trust actions or proceedings. Should the City of Cape Canaveral be sued therefore, 4 the Franchisee shall be notified of such suit, and thereupon it shall be its duty to defend 5 the suit, and should judgment go against the City in any such case, Franchisee shall 6 forthwith pay the same. The Franchisee shall indemnify and save harmless the City, its 7 agents, officers, attorneys and employees from any judgments recovered by anyone for 8 personal injury, death or property damage sustained by reason of any of the Franchisee's 9 activities permitted by this Franchise or for any actions or proceedings brought as a result 10 of the award of this Franchise to Franchisee, to specifically include but not limited to Anti- 11 trust actions or proceedings, and shall pay all expenses, including costs and attorney's fees, 12 in defending against any such claim made against the City or any of the City's agents, 13 officers, attorneys or employees. This indemnification provision shall survive the repeal of 14 this Ordinance. Franchisee further agrees to purchase Commercial General Liability 15 insurance in the minimum amount of one million dollars ($1,000,000) per occurrence, 16 naming the City as an additional insured to the extent of its rights against Franchisee 17 arising by virtue of this section. Franchisee further agrees to purchase Automobile Liability 18 insurance in the minimum amount of one million dollars ($1,000,000) combined single 19 limit. Franchise further agrees to purchase Worker's Compensation insurance which meets 20 or exceeds State of Florida Statutory Limits. A certificate of insurance shall be filed with 21 the City Manager ten (10) days prior to the effective date of this franchise, and shall be 22 maintained at all times during the term of the Franchise. The certificate must name the 23 City as additional insured for general liability. Furthermore, the certificate must reflect 24 insurance companies which are licensed to do business in the State of Florida. All insurance 25 policies will provide that the City be given ten (10) days written notice prior to cancellation 26 or modification. If the initial insurance expires prior to the expiration of this Franchise, 27 renewal certificates of insurance and required copies of policies shall be furnished thirty 28 (30) days prior to the date of expiration. 29 30 25. Licenses. The Franchisee shall, at its sole expense, procure from all governmental 31 authorities having jurisdiction over the operations of the Franchisee, including the City, all 32 licenses, certificates, permits or other authorization which may be necessary for the 33 conduct of its operations. The Franchisee shall pay all taxes, licenses, certification, permit 34 and examination fees and excises which may be assessed, levied, exacted or imposed on 35 its property, on its operations, on its gross receipts, and upon this franchise and the rights 36 and privileges granted herein, and shall make all applications, reports and returns required 37 in connection therewith. 38 39 26. Assignment. No assignment of the Franchise or any right occurring under this 40 Ordinance shall be made in whole or in part by the Franchisee without the express written 41 consent of the City; in the event of any assignment, the assignee shall assume the liability 42 of the Franchisee. City of Cape Canaveral Ordinance No. 05-2023 8 1 2 27. Bankruptcy or Insolvency. If the Franchisee becomes insolvent and in any event if the 3 Franchisee files a petition of voluntary or involuntary bankruptcy, then this Franchise shall 4 terminate in no event later than the date of filing of the bankruptcy petition. 5 6 28. Default. 7 8 a. The failure on the part of the Franchisee to comply in any substantial respect with 9 any of the provisions of this Ordinance shall be grounds for a forfeiture of this Franchise, 10 but no such forfeiture shall take effect until the City has served upon the Franchisee written 11 notice of default, which notice shall set forth the nature and extent thereof. The Franchisee 12 shall have thirty (30) days following the notice of default to correct the same. If the 13 Franchisee protests the reasonableness or propriety of the City's declaration, said protest 14 shall be served upon the City in writing within ten (10) days following receipt by the 15 Franchisee of the City's notice. 16 17 b. If the City and the Franchisee cannot agree as to the reasonableness or propriety 18 of the City's declaration of default, then the issue shall be promptly submitted to mediation 19 before a mediator that is mutually agreed upon. The mediation shall occur as soon as 20 practicable in order to expeditiously resolve the declaration of default. The parties shall 21 share equally in the cost of the mediator expenses, and shall bear their own attorney's fees 22 and costs related to the mediation. 23 24 c. The purpose of this section is to enable the City and the Franchisee to resolve by 25 mediation such differences as they may be unable to resolve by mutual agreement on 26 their own. Nothing contained herein shall be construed to limit or restrict the legal rights 27 and powers of the City or the Franchisee to bring a legal action in a court of competent 28 jurisdiction if mediation is unsuccessful in resolving the default. 29 30 29. Right to Require Performance. The failure of the City at any time to require 31 performance by the Franchisee of any provisions hereof shall in no way affect the right of 32 the City thereafter to enforce same. Nor shall waiver by the City of any breach of any 33 provisions hereof be taken or held to be a waiver of any succeeding breach of such 34 provision or as a waiver of any provision itself. 35 36 30. Modification. This Franchise constitutes the entire agreement and understanding 37 between the parties hereto, and it shall not be considered modified, altered, changed or 38 amended in any respect unless in writing and signed by the parties hereto, and adopted 39 as an amending franchise ordinance. 40 41 31. Notice. As required for any purpose in this franchise, notice shall be addressed and 42 sent by certified United States mail to the City and the Franchisee as follows: City of Cape Canaveral Ordinance No. 05-2023 9 1 2 CITY 3 4 City Manager 5 City of Cape Canaveral 6 100 Polk Avenue 7 Cape Canaveral, Florida 32920 8 9 FRANCHISEE 10 11 Fusionsite Florida, LLC d/b/a Freedom Waste Services 12 5611 Ohio Avenue, Unit B 13 Nashville, TN 37209 14 15 32. Remedies, Attorney's Fees and Costs. All remedies provided in this Franchise shall 16 be deemed cumulative and additional and not in lieu of or exclusive of each other or of 17 any other remedy available to the City at law or in equity. In the event of any litigation or 18 legal proceeding, each party shall bear their own attorney's fees and costs through all 19 appellate proceedings. 20 21 33. Headings. The headings of the sections of this Franchise are for purposes of 22 convenience only and shall not be deemed to expand or limit the provisions contained in 23 such sections. 24 25 34. Warranty of Franchisee. The Franchisee represents and warrants unto the City that no 26 officer, employee, or agent of the City has any interest, either directly or indirectly, in the 27 business of Franchisee to be conducted hereunder. 28 29 35. Compliance with Cape Canaveral Code of Ordinances. Franchisee agrees to comply 30 with Chapter 62 of the City Code, all other applicable City codes, ordinances, rules and 31 regulations. 32 33 36. Amendment. The City reserves the right to amend this Ordinance in any manner 34 necessary for the health, safety or welfare of the public, and the City reserves the right, in 35 the public interest from time to time, to prescribe reasonable rules and regulations 36 governing Franchisee's operations hereunder. 37 38 SECTION TWO: Severability: The provisions of this Ordinance are declared to be 39 severable and if any section, sentence, clause or phrase of this ordinance shall for any 40 reason be held to be invalid or unconstitutional, such decision shall not affect the validity 41 of the remaining sections, sentences, clauses and phrases of this ordinance but they shall 42 remain in effect, it being the legislative intent that this ordinance shall stand City of Cape Canaveral Ordinance No. 05-2023 10 1 notwithstanding the invalidity of any part. 2 3 SECTION THREE: Effective Date; Termination. This Ordinance shall take effect 4 immediately upon adoption and acceptance by the Franchisee. Repeal of this Ordinance 5 shall release both parties from their obligation to effect and to receive future performance 6 hereunder. This Ordinance shall automatically be deemed repealed upon expiration of the 7 term of this Franchise or termination of this Franchise by either party, in writing. However, 8 in addition to provisions of this Franchise that expressly survive the termination of this 9 Ordinance, termination of this Ordinance does not preclude a claim for breach of this 10 Franchise for non-performance including, but not limited to, Franchisee's failure to pay 11 franchise renewal fees owned to the City under this Franchise. 12 13 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day 14 of , 2023. 15 16 17 Wes Morrison, Mayor 18 19 ATTEST: 20 21 For Against 22 23 Mia Goforth, CMC Kim Davis 24 City Clerk 25 Mickie Kellum 26 27 Wes Morrison 28 29 Angela Raymond 30 31 Don Willis 32 33 First Reading: May 16, 2023 34 Advertisement: 35 Second Reading: 36 37 38 Approved as to legal form and sufficiency 39 for the City of Cape Canaveral only by: 40 41 42 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. 05-2023 11 1 2 3 4 ACCEPTANCE BY FRANCHISEE 5 6 The foregoing ordinance and the franchise provided for therein and all the terms and 7 conditions thereof are hereby accepted, approved and agreed to this day 8 of , 2023. 9 10 11 12 FRANCHISEE: 13 14 FUSIONSITE FLORIDA, LLC, a Foreign limited liability company 15 d/b/a Freedom Waste Services 16 17 18 By: 19 Print Name/Title: 20 21 22 23 24 City of Cape Canaveral Ordinance No. 05-2023 12 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MAY 16, 2023 AGENDA ITEM SUMMARY • ITEM # 8 Subject: Ordinance No. 06-2023; providing for the granting of a Non -Exclusive Franchise to Tropical Carting & Recycling, LLC for small hauler Construction & Demolition Debris collection in roll -off containers under 20 cubic yards in size within the jurisdictional City of Cape Canaveral; outlining franchise duties; imposing requirements under which franchise shall operate; providing for conflicts, severability, and an effective date, first reading. Department: Community and Economic Development Summary: Pursuant to Section 62-7 of City Code, any person wishing to transport Construction and Demolition Debris (CDD) within the City limits, must first obtain a franchise from the City. Currently, the City has an exclusive solid waste franchise agreement with Waste Pro USA, Inc. to provide exclusive CDD services with roll -off containers of 20 cubic yards and larger. However, in an effort to expand available services to residents, the City Council wishes to expressly authorize and provide for the use of containers less than 20 cubic yards (small -hauler). Attached is a CDD small -hauler application (Attachment 1) for a Non -Exclusive Franchise from Tropical Carting and Recycling, LLC. Staff has reviewed the application for consistency with Code requirements, and the City Attorney has prepared Ordinance No. 06-2023 (Attachment 2) awarding a non-exclusive franchise for CDD purposes. Highlights of the franchise include: 1. An initial term of five (5) years, with renewals in five (5) year increments; 2. Collection shall be made between 7:00 AM and 7:00 PM; 3. No hazardous materials shall be collected by the Franchisee; 4. Service vehicles shall be kept in good repair, appearance, and in a sanitary condition; 5. Each container shall be marked with Franchisee's name and contact information; 6. The Franchisee shall have a local office where customer service requests and complaints can be made, and which shall be open during collection hours; 7. All CDD shall be so contained that leaking, spilling, or blowing are prevented. In the event of spillage, Franchisee shall immediately clean up the litter at Franchisee's sole expense; 8. Containers shall be placed on customers property, and not in any public rights -of -way; 9. All customer and City complaints shall be resolved within 24 hours. If a complaint is received on Saturday, Sunday, or a holiday, it shall be serviced the next business day; 10. Franchisee employees will be qualified, and carry a valid operator's license for the type of vehicle being driven; 11. The Franchisee shall provide operating and safety training for all personnel; City of Cape Canaveral City Council Meeting • May 16, 2023 Agenda Item # 8 Page 2 of 2 12. Upon request by the City for good cause, all equipment, trucks or other vehicles used by Franchisee on the public streets and roads within the City of Cape Canaveral shall be required to pass an annual safety inspection conducted by the City of Cape Canaveral or its agents; and 13. The Franchisee shall furnish a $25,000 Performance Bond insuring the faithful performance of the terms of the Franchise; as well as Commercial General Liability, Automotive Liability, and Worker's Compensation insurance. The Franchisee shall indemnify and save harmless the City from any judgements resulting from Franchisee's activities permitted by the Franchise. An accompanying resolution will be presented to the Council at second reading of the ordinance to establish appropriate fees to offset City costs of administering the franchise agreement. Submitting Department Director: David Dickey Attachments: 1. Tropical Carting & Recycling, LLC Application for Non -Exclusive CDD Collection Services 2. Ordinance No. 06-2023 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 Ordinance No. 06-2023 on first reading. Approved by City Manager: Todd Morley Attachment 1 City of Cape Ca„averal Community teveopment Department APPLICATION FOR NON-EXCLUSIVE CONSTRUCTION &DEMOLITION DEBRIS COLLECTION SERVICES (SMALL-HAULER-UNDER 20 CU YARD ROLL-OFF CONTAINERS) Pursuant to Section 62-7 of the Cape Canaveral Code, this application form must be complleted by each person or company ("Applicant") that wishes to obtain ia Non-Excdusive Franchise from the City of Cape Canaveral for Construction & Demolition Debris Collection Services. The City Code defines "Construction and Demofition.Debris" as folllows: Construction and iemolition debris shaii 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 sotuble and non -hazardous in nature, including but not limited to steel, glass, brick, concrete, asphalt materiai, pipe, gypsum wallboard, and lumber, fro the construction or destructhin 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 coinstructi oriirmoiton project site. The term includes roolks„ spills, tree remains, trees, and other egetative matter that normailly results from land cleaning 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), Florida Statutes, yard trash and unpainted, non -treated wood scraps from sources other than construction or demolition projects; scrap from manufacturing facilities that is the type of material generally used in construction projects and that would meet the definition of construction and demolition debris if it were generated as part of a construction or demolition project, including debris from the construction of manufactured homes and scrap shingles, wallboard, siding concrete, and similar materials from industrial or commercial facilities and de mdnimus amounts of other non -hazardous wastes that are generated at construction or de tion 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 demotion debris. Mailing Address: P.O. Box 326 Physical Address: 100 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcapecanaveral.org e-mail: info@cityofcapecanaveral.org Applicant must provide the City with all of the information and documents requested below including the application fee and the affidavit that are described below. An Applicant may attach additional sheets of paper to this applicati a form, if necessary. 1 Applicant Information Please provide the name, address and telephone nu her of the Applicant. Name of Applicant: Tropical Carting & Recycling LLC Mailing Address: 450 Canaveral Groves BLVD, Cocoa FL 32926 E-Mail Address: seh6619@yahoo.com Telephone No.: 321-446-5383 2. Applicant's Authorized Representative. Please provide the name„ address and telephone number of the person that is the Applicant's designated representative with regard to this Application. Name of Representative: Scott Holmes Mailing Address: 8102 Ridgewood Ave, Cape Canaveral, FL 32920 E-Mail Address: seh6619@yahoo.com Telephone No: 203-615-2890 3. Type of Business Entity. Please state whether the Applicant is an individual, a corporation, a partnership, or other type of business entity. Limited Liability Company 4. Applicant's Principals. If the Applicant is a corporation, partnership or other business entity, please provide the name, address, and title of the Applicants majority shareholder and each person that is principal officer (e.g.„ Chief Executive Officer; President; Vice-President; Chief Operating Officer; etc,). Scott Holmes- CEO 2 Jeffery Holmes- Coo 5. Applicant's Managers. Please provide the name, address, and telephone number of each person that will serve as the Applicant's local manager (i.e., the person that will be responsible for performing or supervising the Construction & Demolition Debris Collection Services for the Applicant). Scott Holmes 203-615-2890 Jeffery Holmes 203-232-4023 6. Proof of Good Standing if the Applicant is a corporation, please provide that the corporation is in good standing in the state of Florida. 7. Authorization to do Business in Florida if the Applicant is not a Florida corporation, please provide proof that the Applicant is authorized to do business in Florida. 8. Fictitious Name. if the Applicant is operating under a fictitious name, please provide information demonstrating that the fictitious name is properly registered by the Applicant. 9. Applicant's Experience (a) Please provide a copy of the company's corporate biography. (b) Please provide a summary of the Applicant's experience with regard to the collection of Construction & Demolition Debris collection services. (c) Provide a complete list of all of the communitites in Florida and other states (but not more than a total of five (5) communities) where the Applicant has provided construction & demolition debris collection services in the last five (5) years. 3 (d) For each community listed in Section 9(b), above, please provide the name, address, and telephone number of a reference (i.e„ a person employed by the local government in that community who can provide information concerning the quality of service provided by the Applicant). 10. Prior Enforcement Issues. (a) Please provide a complete list of all communities (lf any) where the Applicant's permit, approval, franchise, or license to provide any kind of solid waste collection services was suspended or revoked. (b) Provide a complete list of all felony convictions, and all rnisderneanor convictions within the last five (5) years, involving the Applicant's collection, receiving, storing, separating, transportation, or disposal of solid waste. If the Applicant is not an individual, also provide a list of such convictions for the Applicant's majority shareholder, any person having a controlling interest in the Applicant„ and each person that is an officer or partner of the Applicant. (c) Provide a complete list of all civil penalties and liquidated damages in excess of five thousand dollars ($5,000.00) that were assessed against the Applicant by local, state, and federal governmental entities within the last five (5) years involving the collection, transportation, or disposal of solid waste. (d) With regard to Sections 10(a) through 10(c), above, provide any information concerning the convictions, penalties, liquidated damages, etc, that the Applicant believes will help the City understand the facts concerning those matters. 11. Potential Customers and Service Details: Estimated Gross Revenue from Services. Please provide a description of the types of customers that the Applicant will offer construction & demolition debris services to within the City of Cape Canaveral if this Application is approved including any proposed pricing for such services and estirnated annual gross revenues anticipated for providing services to customers within the City of Cape Canaveral. Please provide this information on a separate sheet of paper with a heading titled; "City of Cape Canaveral Franchise Application Response; Potential Customers, Paragraph 11; Potential Customers". 4 12. Vehicles and Equipment. Please provide list of the vehicles, equipment, and containers that will be used by the Applicant to provide construction & demolition debris collection services in the City. The list must identify the make, model, identification number, and year of each vehicle and piece of collection equipment. The list also must identify the size and type of each container that will be used by the AppIicant and a photograph of any corporate container rnarkings such as logos. Please provide this information on a separate sheet of paper with a heading titled; "Vehicles and Equipment, Paragraph 12; Other Collection Equipment". Also include the street address of the equipment yard(s) where the Applicant's vehicles, equipment, and containers are stored when they are not in use. 13. Insurance Requirements. Please provide a properly executed Acord 25 Certificate of lnsurance form demonstrating that the Applicant has the following types and amounts of insurance coverages issued by an insurance company that is licensed to do business in the State of Florida, with an A.M. Best Rating of B + or better, Class VII (or highet), or otherwise acceptable to the City, if the company is not rated by A.M. Best. (a) Comprehensive General Liability Insurance with a limit of a one million dollar ($1,000,000) per occurrence and a million dollar ($2,000,000) general aggregate. This policy must include the following coverages: premises and operations liability, independent contractors, products and completed operations, personal injury, contractual liability, and fire damage; (b) Automotive Liability Insurance coverage providing a combined single limit of not less than one million dollars ($1,000,000) per occurrence. This policy must include the following coverages: bodily injury and property damage including preimses and operations; (c„) Workers Compensation Insurance shall be provided for all of Franchisee"s employees as required under Florida law; and (d) Employers Liability Insurance providing a single limit of not less than one rnillion dollars ($1,000,000), bodily injury by each accident, and providing a single limit of not less than one million dollars ($1,000 „000), bodily injury disease per each employee, and providing a single limit of not less than one million dollars ($1,000 ,000) bodily injury by disease policy limit. The certificate of insurance must demonstrate that the insurance coverage will be in effect for the term of the proposed Franchise Agreement. The certificate of insurance must name the City as an additional insured (except with regard to workers 5 compensation and employers liability insurances). 14. Bond Requirements. A performance bond in the amount of fifty thousand dollars ($50,000) to secure compliance with the City Code and any non-exclusive franchise awarded by the City will be required as a condition of approval of the non-exclusive franchise. The bond must be in the form approved by the City Attorney. The bond must be issued by a surety licensed to do business in the state of Florida. By the Applicant's submittal of this Application, Applicant agrees to provide the required performance bond if a non- exclusive franchise is approved by the City. 15. Other information. Please provide any other information the Applicant believes will demonstrate that: (a) The Applicant has the experience, personnel, equipment, and other resources necessary to provide construction & demolition debris collection services in compliance with the requirements in the City Code and any non-exclusive franchise awarded by the City; (b) The Applicant has the capacity and willingness to comply with all applicable local, state, and federal laws; and (c) The award of a Franchise to the Applicant will be in the public interest. 16. Franchise Agreement Upon preliminary approval of the Application by the City Manager. The City Manager will present a Non -Exclusive Construction & Demolition Debris Franchise Ordinance (Small Hauler — under 20 cu yards) to the City Council for consideration and approval. Said Ordinance shall set forth the terms and conditions under which the Applicant will be authorized to provide construction & demolition debris collection services within the jurisdictional limits of the City. Upon approval of the Ordinance by the City Council, the Applicant shall be responsible for properly executing the Non -Exclusive Franchise Ordinance adopted by the City Council as a condition of providing construction & demolition collection services within the jurisdictional limits of the city of Cape Canaveral. 17. Application Fee. Please provide an application fee with this Application. The amount of the application fee is $1,000.00 (One Thousand Dollars) to defray a portion of the City's administrative expenses incurred in processing the Application. Payments shall be made payable to the City of Cape Canaveral. 6 18. Effective Date of Franchise Agreement Please identify the date when the Applicant wants its Franchise to take effect 2.1. 2023. [Applicants are advised that a franchise requires City Council approved by Ordinance at two separate meetings. Processing of an Application will likely take at least 90 days or more to complete.] 19. Attachments. All of the information and documents requested in paragraphs 1-19, above, must be attached to this Application and submitted to the City. The undersigned hereby represents to the City of Cape Canaveal that the information contained in this Application is true and correct to the undersigned's knowledge and that the undersigned is duly authorized to execute and file this Application on behalf of the Applicant. APPLICANT Scott E. Holmes Print Company Name By: Print name/title: (Seal) Corporate Secretary- Signature Corporate Secretary- Type or Print Date: Witness- Signature Witness- Type or Print 7 OFFICIAL USE ONLY: Application deemed complete and Preliminary Approval subject to City Council adoption of franchise ordinance. Preliminary approval only consitutes an acknowledgement that the Application is ready for the City Council's consideration and does not constitute approval of the franchise. The franchise requires City Council approval to be binding: CITY OF CAPE CANAVEAL By: Todd Morley, City Manager ATTEST: Mia Goforth, CMC City Clerk Date: 8 SECTION # 6 2023 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT DOCUMENT # L16000083989 Entity Name: TROPICAL CARTING & RECYCLING LLC Current Principal Place of Business: 450 CANAVERAL GROVES BLVD COCOA, FL 32926 Current Mailing Address: 8102 RIDGEWOOD AVENUE CAPE CANAVEAL, FL 32920 US FEI Number: 81-2487228 Certificate of Status Desired: No Name and Address of Current Registered Agent: HOLMES, JEFFERY 8102 RIDGEWOOD AVENUE CAPE CANAVERAL, FL 32920 US The above entity submits this statement for the purpose of changing its registered office agent, or both, in the State of Florida SIGNATURE: JEFFERY HOLMES Electronic Signature of Registered Agent 01/22/2023 Date Authorized Person(s) Detail: Title MGR Name HOLMES, SCOTT E Address 8102 RIDGEWOOD AVENUE City-State-Zip: CAPE CANAVERAL FL 32920 FILED Jan 22, 2023 Secretary of State 4374958495CC I hereby certify that the information Indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that i am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 505, Florida Satutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE SCOTT HOLMES MANAGER 01/22/2023 --------------------------------------------------------------------------------------------------------- Electronic Signature of Signing Authorized Person(s) Detail Date Section # 7 Detail by Entity Name https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultsDe.... DIVISION OF CORPORATIONS SUNBIZ.org Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Limited Liability Company TROPICAL CARTING & RECYCLING LLC Filing information Document INumer L16000083989 FEI/EIN Number 81-2487228 Date Filed 04/28/2016 Effective Date 04/26/2016 State FL Status ACTIVE Principal Address 450 Canaveral Groves Blvd Cocoa, FL 32926 Changed: 03/07/2022 Registered Agent Name & Address HOLMES, JEFFERY 8102 Ridgewood Avenue Cape Canaveral, FL 32920 Nam Changged: 02/01/2022 Address Changed: 03/07/2022 Authorized Person(s) Detail Name & Address Title MGR HOLMES, SCOTT E 8102 Ridgewood Avenue Cape Canaveral„ FL 32920 Annual Reports 1 of 2 2/1/23, 11:57 AM SECTION # 7 Detail by Entity Name https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultsDe... Report Year Filed Date 2021 01/10/2021 2022 03/07/2022 2023 01/22/2023 Document Images 01/22/2023- ANNUAL REPORT View Image in PDF format 03/07/2022- ANNUAL REPORT View Image in PDF format 01/10/2021- ANNUAL REPORT View Image in PDF format 02/01/2020- ANNUAL REPORT View Image in PDF format 02/08/2019- ANNUAL REPORT View Image in PDF format 01/11/2018- ANNUAL REPORT View Image in PDF format 01/22/2017- ANNUAL REPORT View Image in PDF format 04/28/2018- ANNUAL REPORT View Image in PDF format Florida Department of State, Division of Corporation 2 of 2 2/1/23 11:57 AM Section #8 Fictitious Name None applies Section 9A Corporate Biography Tropical Carting & Recycling LLC Tropical Carting & Recycling was started in April of 2016 in the county of Brevard Florida. We have been serving all the communities throughout Brevard County with dumpsters for purposes such as demolition debris, construction debris, roofing debris, residential clean outs, etc ever since. We take pride in the fact that all our rolloff trucks and dumpsters are pleasant to the eye and are in good condition at all times. All our drivers exceed the requirements set by the State of Florida whereby a Class B license is required. As such, all drivers carry a Class A certification. We understand that dumpster placement is important and we make every attempt to not harm property or otherwise when performing a delivery or pickup. Section 9B Experience All our drivers carry a Class A Endorsement from the State of Florida. Each drivers has a minimum of 6 years perform the task of dumpster delivery and pickups in a safe and environmentally friendly manner. We service the needs of customers with construction debris, roofing debris, home renovations, home/office cleanouts, concrete removal and every other thing a dumpster may be used for. This is both in the residential and commercial setting. We service all of Brevard County, Cape Canaveral Air Force Base, Kennedy Space Center, Patrick Air Force Base as well. Section 9C List of Communities Serviced We service every community throughout Brevard County Florida. This includes Merritt Island, Cocoa, Rockledge, Melbourne and Palm Bay to name a few. We also service the Cape Canaveral Air Force Base, Kennedy Space Center, Patrick Air Force Base as a vendor to subcontractors. This is for all dumpster needs including construction and demolition debris. Tropical Carting & Recycling LLC has provided dumpster service for construction and demolition debris to the professional trades and residential homes owners. We have never provided dumpster services directly to Government except as provided to a dumpsters to subcontractor who were working directly for government agencies. Tropical Carting & Recycling LLC has never bid for any government contracts either. Section 9D List of 5 Non -Government Customer Recommendations Reliable Roofing Contractors 3213 S. HwyA1A Melbourne Beach, Florida 32951 321-759-7386 Contact is Nick Canaveral Construction 3475 North US 1 Mims, Florida 32754 321-269-4011 Contact is Tyler Pro -Tech Roofing of Brevard, Inc. 142 N. Orlando Avenue, #100 Cocoa Beach, Florida 32931 321-783-1694 Contact is Dan Seadek 851 Greensboro Road Cocoa, Florida 32962 540-664-4551 Contact is Sandy Patrick Roofing, Inc. 1448 Maple Avenue Melbourne, Florida 32935 321-728-7865 Contact is Patrick Tropical Carting & Recycling LLC has provided dumpster service for construction and demolition debris to the professional trades and residential homes owners. We have never provided dumpster services directly to Government except as provided to a dumpsters to subcontractor who were working directly for government agencies. Tropical Carting & Recycling LLC has never bid for any government contracts either. Section 10 Prior Enforcement Issues A. None Apply B. None Apply C. None Apply D. None Apply Section 11 City of Cape Canaveral Francise Application Response; Potential Customers, Paragraph 11; Potential Customers The type of customer that we serve is both residential and commercial. Homeowners General Contractors Roofing Contractors Industrial Parks City of Cape Canaveral Cape Canaveral Air Force Base Kennedy Space Center Proposed pricing is the following: 12/15/16 yard dumpsters are $240 plus any fees that may apply 19 yard dumpsters are $295 plus any fees that may apply 20 yard dumpsters are $295 plus any fees that may apply Discounts will apply to those customers that rent frequently such as General Contractors, Roofing Contractors, Municipalities and in some cases homeowners These prices include delivery and pick up We estimate that approximately $20,000 in gross revenue will be obtained on an annual basis Section 12 Vehicles and Equipment, paragraph 12; Other Collection Equipment We utilize 4 rolloff trucks currently. All clean and well maintained. 2020 Peterbilt 567 - Truck #3 - Vin#1npclpox31d686745 2021 Kenworth T370 - Truck #1 - Vin#2NKHHJ7X1MM450896 2021 Kenworth T370 - Truck #2 - VIN#2NKHH17X3MM450897 2021 Peterbilt 567 - Truck #4 - VIN#1NPCLPDX7PD870110 We utilize 12, 15,16 and 19 yard dumpster for all construction and demolition projects. All dumpster are a light pastel green in color. All trucks and dumpsters are held in the following storage yards. 450 Canaveral Groves Blvd, Cocoa Florida 32926 4255 Aurora Road, Melbourne Florida32934 dti?, 9-) _ 4fi ? 13. Insurance Requirements. Please provide a properly executed Acord 25 Certificate of Insurance form demonstrating that the Applicant has the following types and amounts of insurance coverages issued by an insurance company that is licensed to do business in the State of Florida, with an A.M. Best Rating of B + or better, Class VII (or higher), or otherwise acceptable to the City, if the company is not rated by A.M. Best. (a) Comprehensive General Liability Insurance with a limit of a one million dollar ($1,000,000) per occurrence and a two million dollar ($2,000,000) general aggregate. This policy must include the following coverages: premises and operations liability, independent contractors, products and completed operations, personal injury, contractual liability, and fire damage; (b) Automotive Liability Insurance coverage providing a combined single limit of not less than one million dollars ($1,000,000) per occurrence. This policy must include the following coverages: bodily injury and property damage including premises and operations; (c) Workers Compensation Insurance shall be provided for all of Franchisee's employees as required under Florida law; and (d) Employers Liability Insurance providing a single limit of not less than one million dollars ($1,000,000), bodily injury by each accident, and providing a single limit of not less than one million dollars ($1,000,000), bodily injury disease per each employee, and providing a single limit of not less than one million dollars ($1,000,000) bodily injury by disease policy limit. The certificate of insurance must demonstrate that the insurance coverage will be in effect for the term of the proposed Franchise Agreement. The certificate of insurance must name the City as an additional insured (except with regard to workers compensation and employers liability insurances). Section 13 A Comprehensive General Liability Please see the attached Certificate of Liability showing a $1,000,000 per occurrence and $2,000,000 General Aggregate. ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD YYYY) 1/28/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements . PRODUCER Sihle Insurance Group, Inc. 5545 N. Wickham Rd. West Melbourne, FL 32904 CONTACT NAME: Fawn Peacock PHONE [A/C No. Ext]: FAX (A/C. No): 321-724-2063 321.422-7831 E-MAIL ADDRESS: FPeacock@sihle.com INSURED Tropical Carting and Recycling LLC 360 W. Cocoa Beach Causeway Cocoa Beach FL 32931 INSURER(S) AFFORDING COVERAGE INSURER A: Covington Specialty Insurance TROPCAR-01 INSURER B : Federal Insurance Coalwany INSURER C: INSURER D: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 676294055 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, A POLICY EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMfTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY EFF POLICY EXP INSR LTR ADDL ISD SIBR WVD (MM/DD/YYYY) (MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY Y VBA884064 00 10/12/2022 10/12/2023 CLAIMS -MADE X- OCCUR GENL AGGREGATE LIMIT APPLIES PER: X- POLICY PROJECT LOC OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS AUTOS ONLY UMBRELLA LIAB OCCUR EXCESS LIAB CLAIMS -MADE DED RETENTION $ WORKERS; COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNEREXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) Y / N If yes, describe under DESCRIPTION OF OPERATIONS below B INLAND MARINE N/A 45470576 1/15/2023 1/15/2024 LIMITS EACH OCCURRENCE $1.000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OP AGG $ 2,000,000 COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ (Per accident) EACH OCCURRENCE $ AGGREGATE $ PER OTH- STATUTE ER E.L EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ EL DISEASE - POLICY LIMIT $ Leased a Rented Equip 100,000 Deductible 1,000 Equipment $234,300 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) City of Cape Canaveral is Included as Additional Insured when required by written contract or agreement. CERTIFICATE HOLDER City of Cape Canaveral 100 Polk Ave Cape Canaveral FL 32920 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. (Signature) AUTHORIZED REPRESENTATIVE 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORD 25 (2016/03) COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXPANDED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE The coverage provided by this endorsement is summarized below and is intended to provide a general coverage description only. For the details affecting each coverage, please refer to the terms and condi- tions in this endorsement. A. Expected or Intended Injury • Reasonable force B. Non -owned Watercraft • Increased to 60 feet C. Non -owned Aircraft D. Property Damage - Elevators E. Damage To Premises Rented To You • Limit increased to $500,000 F. Personal and Advertising Injury • Exclusions G. Medical Payments - Volunteer Workers H. Voluntary Property Damage I. Care, Custody and Control J. Supplementary Payments • Bail Bonds - $2500 • Loss of Earnings - $1000 K. Who Is An Insured broadened: • Limited Liability Partnership • Joint Ventures / Partnership / Limited Liability Company • Health Care Professionals (Incidental Medical Malpractice) • Newly Formed or Acquired Entities (up to 365 days) • Individual Owners of Buildings L. Knowledge and Notice Of Occurrence M. Unintentional Failure To Disclose Hazards N. Liberalization O. Definitions • Bodily Injury redefined • Expanded Personal and Advertising Injury definition • Unintentional Damage or Destruction added In addition to the policy amendments contained in A through 0 listed above, the endorsements listed below will automatically be attached to your policy to complete the coverage provided by the Commercial General Liability Endorsement: • Additional Insured - Co -Owners of Insured Premises - CG 20 27 • Additional Insured - Concessionaire - CG 20 03 • Additional Insured - Controlling Interest - CG 20 05 • Additional Insured - Grantor of Franchise - CG 20 29 • Additional Insured - Lessor of Leased Equipment - CG 20 34 • Additional Insured - Managers or Lessors of Premises - CG 20 11 • Additional Insured - Mortgagee, Assignee or Receiver - CG 20 18 • Additional Insured - Owners or Other Interests From Whom Land Has Been Leased - CG 20 24 • Additional Insured - State or Governmental Agency or Subdivision or Political Subdivision - Permits or Authorizations - CG 20 12 • Additional Insured - Vendors - CG 20 15 • Waiver of Transfer of Rights of Recovery - CG 24 04 CG 71 35 11 12 Page 1 of 5 A. EXPECTED OR INTENDED INJURY Under SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Item 2. Exclusions a. is replaced with the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" ex- pected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of rea- sonable force for the purpose of protect- ing persons or property. B. NON -OWNED WATERCRAFT Under SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Item 2. Exclusions g. (2) (a) is re- placed with the following: (a) Less than 60 feet long; and C. NON -OWNED AIRCRAFT Under SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Item 2. Exclusions, g. Aircraft, Auto or Watercraft, the following is added: (6) An aircraft you do not own, provided that: (a) The pilot in command holds a currently effective certificate is- sued by the duly constituted au- thority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; (b) It is rented with a trained, paid crew; and (c) It does not transport persons or cargo for a charge. D. PROPERTY DAMAGE - ELEVATORS With respect to Exclusions of SECTION I - COVERAGES, COVERAGE A. BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY, item 2. Exclusions, paragraphs (3), (4) and (6) of Exclusion j. Damage to Property and Ex- clusion k. Damage To Your Product do not apply to the use of elevators. The insurance afforded by this provision is excess over any valid and collectible property insurance (in- cluding any deductible) available to the in- sured, and the Other Insurance Condition is changed accordingly. E. DAMAGE TO PREMISES RENTED TO YOU Under SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Item 2. Exclusions, the last para- graph of item 2. Exclusions is replaced with the following: Exclusions c. through n. do not apply to damage by fire or explosion to premises while rented to you or temporarily occu- pied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III - LIMITS OF INSURANCE. PERSONAL AND ADVERTISING INJURY Under SECTION I - COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LI- ABILITY, the following are added to Item 2. Exclusions: q. Discrimination Relating To Room, Dwell- ing or Premises Caused by discrimination directly or in- directly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured. r. Fines or Penalties Fines or penalties levied or imposed by a governmental entity because of dis- crimination. G. MEDICAL PAYMENTS - VOLUNTEER WORK- ERS Under SECTION I - COVERAGES, COVERAGE C MEDICAL PAYMENTS, item 2. Exclusions b. Hired Person is replaced with the following: b. Hired Person To a person hired to do work for or on behalf of any insured or tenant of any in- sured; however this exclusion does not apply to "volunteer workers" while en- gaged in maintenance or repair of your premises. Under SECTION I - COVERAGES, the following are added: H. VOLUNTARY PROPERTY DAMAGE 1. Insuring Agreement We will pay, at your request, for "prop- erty damage" to property of others caused by you, or while in your pos- session arising out of your business op- erations. 2. Exclusions Coverage for Voluntary Property Damage does not apply to: a. "Loss" of property at premises owned, rented, leased, operated or used by you. b. "Loss" of property while in transit; c. "Loss" of property owned by, rented to, leased to, borrowed by or used by you; CG 71 35 11 12 Page 2 of 5 d. The cost of repairing or replacing: (1) "Your work" defectively or in- correctly done by you; (2) "Your product" manufactured, sold or supplied by you; or unless the "property damage" is caused directly by you after delivery of "your product" or completion of "your work" and resulting from a subsequent undertaking. e. "Loss" of property caused by or arising out of the "products - completed operations hazard." 3. Deductible We will not pay for "loss" in any one "occurrence" until the amount of "loss" exceeds $250. We will then pay the amount of "loss" in excess of $250, up to the applicable limit of insurance. 4. Actual Cost In the event of covered "loss", you shall, if requested by us, replace the damaged property or furnish the labor and materi- als necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The most we will pay under Voluntary Prop- erty Damage for "loss" arising out of any one "occurrence" is $250. The most we will pay for the sum of all "losses" under this cover- age is $1,000. I. CARE, CUSTODY OR CONTROL 1. Insuring Agreement We will pay those sums the insured be- comes legally obligated to pay as dam- ages because of "property damage" to property of others while in your care, custody or control or property as to which you are exercising physical control if the "property damage" arises out of your business operations. 2. Exclusions Coverage for Care, Custody or Control does not apply to: a. "Property damage" to property at any premises owned, rented, leased, operated or used by you; b. "Property damage" to property while in transit; c. The cost of repairing or replacing; (1) "Your work" defectively or in- correctly done by you; or (2) "Your product" manufactured, sold or supplied by you; unless the "property damage" is caused directly by you after de- livery of "your product" or com- pletion of "your work" and. resulting from a subsequent undertaking. d. "Property damage" to property caused by or" arising out of the "products -completed operations hazard".. 3. Deductible We will not pay for "property damage" in any one "occurrence" until the amount of "property damage" exceeds $250. We will then pay the amount of "property damage" in excess of $250, up to the ap- plicable limit of insurance. 4. Actual Cost In the event of covered "property dam- age", you shall, if requested by us, re- place the property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The most we will pay under Care, Custody or Control for "property damage" is $1,000 for each "occurrence". The most we will pay for the sum of all damages because of "property damage" under this coverage is $5,000. J. SUPPLEMENTARY PAYMENTS Under SECTION I - SUPPLEMENTARY PAY- MENTS COVERAGES A AND B, item 1.b. is replaced with the following: b. Up to $2,500 for cost of bail bonds re- quired because of accidents or traffic law violations arising out of the use of any vehicle to which the "Bodily Injury" Li- ability Coverage applies. We do not have to furnish these bonds. Under SECTION I - SUPPLEMENTARY PAYMENTS COVERAGES A AND B, item 1.d. is replaced with the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $1,000 a day because of time off from work. K. WHO IS AN INSURED BROADENED Under SECTION II - WHO IS AN INSURED Item 1.b. is replaced with the following: b. A partnership (including a limited liability partnership) or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. CG 71 35 11 12 Page 3 of 5 Under SECTION II - WHO IS AN INSURED the following is added to item 1: f. Joint Ventures / Partnership / Limited Li- ability Company Coverage You are an insured when you had an in- terest in a joint venture, partnership or limited liability company which is termi- nated or ended prior to or during this policy period but only to the extent of your interest in such joint venture, part- nership or limited liability company. This coverage does not apply: (1) Prior to the termination date of any joint venture, partnership or limited liability company; or (2) If there is other valid and collectible insurance purchased specifically to insure the partnership, joint venture or legal liability company. Under SECTION II - WHO IS AN INSURED, item 2.a. is replaced with the following: a. Your "employees" or volunteer workers, other than either your "executive offi- cers" (if you are an organization other than a partnership, joint venture or lim- ited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these 'em- ployees" or volunteer workers are an in- sured for: (1) "Bodily injury" or "personal and ad- vertising injury": (a) To you, to your partners or members (if you are a partner- ship or joint venture), to your members (if you are limited li- ability company), or to a co - "employee" or co -volunteer worker while that is either in the course of his or her employment or performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co - "employee" or co -volunteer worker as a consequence of paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs (1)(a) or (b) above; or (d) Arising out of his or her provid- ing or failing to provide profes- sional health care services. This does not apply to nurses, emergency medical technicians or paramedics employed by you to provide health care services, but only if you are not in the business or occupation of pro- viding such professional ser- vices. (2) "Property damage" to property: (a) Owned, occupied or used by, (b) Rented to, in the care, custody or control of, or over which physical control is being exer- cised for any purpose by you, any of your "employees" or vol- unteer workers, any partner or member (if you are a partner- ship or joint venture), or any member (if you are a limited li- ability company). Under SECTION II - WHO IS AN INSURED, item 3.a. is replaced with the following: a. Coverage under this provision is af- forded only until the end of the policy period or the next anniversary of this policy's effective date after you ac- quire or form the organization, whichever is earlier. Under SECTION I1 - WHO IS AN INSURED, the following is added: 4. For COVERAGE A and COVERAGE B only, the owner of any building leased to you, but only if the building owner is a shareholder in your corporation or a partner in your partnership insured in this policy, and only with respect to li- ability arising out of the ownership, maintenance or use of that part of the premises leased to you. However, this insurance does not apply: a. To any "occurrence" or offense which takes place after you cease to be a tenant in the premises; or b. To structural alterations, new con- struction or demolition operations performed by or on behalf of the building owner. Under SECTION II - WHO IS AN INSURED the last paragraph of this section is replaced with the fol- lowing: Except as provided in 3. above, no person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a named insured in the Dec- larations. CG 71 35 11 12 Page 4 of 5 L. KNOWLEDGE AND NOTICE OF OCCURRENCE Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 2. Duties in the Event of Occurrence, Offense, Claim Or Suit, the following is added: e. The requirement in Condition 2.a. applies only when the "occurrence" or offense is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An "executive officer" or insurance manager, if you are a corporation; or (4) A manager, if you are a limited li- ability company. f. The requirement in Condition 2. b. will not be breached unless the breach oc- curs after such claim or "suit" is known to: g. (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An "executive officer" or insurance manager, if you are a corporation; or (4) A manager, if you are a limited li- ability company. Your rights under this Coverage Part will not be prejudiced if you fail to give us notice of an "occurrence," offense, claim, or "suit" and that failure is solely due to your reasonable belief that the "bodily injury" or "property damage" is not cov- ered under this Coverage Part. However, you shall give written notice of this "oc- currence," offense, claim, or "suit" to us as soon as you are aware this insurance may apply to such "occurrence", offense, claim, or "suit". M. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 6. Representations, the following is added: d. Your failure to disclose all hazards or prior "occurrences" existing as of the in- ception date of this policy shall not prej- udice the coverage afforded by this policy, provided such failure to disclose all hazards or prior "occurrences" is not intentional. N. LIBERALIZATION Under SECTION I - COVERAGES, SECTION II - WHO IS AN INSURED, SECTION III - LIMITS OF INSURANCE, SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS AND SEC- TION V - DEFINITIONS, the following is added: Liberalization If we adopt any revision that would broaden the coverage under this endorsement without additional premium within 45 days prior to or during the policy period, the broadened cov- erage will immediately apply to this endorse- ment. O. DEFINITIONS Under SECTION V - DEFINITIONS, item 3. is deleted and replaced with the following: 3. "Bodily injury" means bodily injury, disa- bility, sickness, or disease sustained by a person, including death resulting from any of these at any time. "Bodily injury" includes mental anguish or other mental injury resulting from "bodily injury". Under SECTION V - DEFINITIONS, item 14. the following is added to the definition of "Personal and advertising injury": h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person but only if such dis- crimination or humiliation is: (1) not done intentionally by or at the direction of: (a) The insured; or (b) Any "executive officer," director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and (2) Not directly or indirectly related to the employment, prospective em- ployment, past employment or ter- mination of employment of any person or persons by any insured. Under SECTION V - DEFINITIONS, the follow- ing definition is added: 23. "Loss" means unintentional damage or destruction but does not include disap- pearance, theft, or loss of use. CG 71 35 11 12 Page 5 of 5 POLICY NUMBER: VBA884064 00 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided tinder the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizations) City of cape Canaveral 100 Polk Ave Cape Canaveral FL32920 Location(s) Of Covered Operation Location(s) as specified in written contract with the Additional insured. Infomrmation required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in The Schedule, but only wall respect to liability for "bodily injury", "property damage" or "personal and advertising injury' caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acnng on your behalf; in the performance of your ongoing operations for the additional insured(s) at the Iocation(s) designated above. However. 1. The insurance afforded to such additional insured only applies to the extent permitted by law, and 2. If coverage provided to the additonal insured Is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including tnaterials, parts or equipment furnished in connection wfth such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these additional Insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits insurance; whichever Is less. This endorsement shall not increase till applicable limits of insurance. Insurance Services Office, Inc., 2018 Page 2 of 2 PROGRESSI VE COMMERC/AL Policy number 08236425 Underwritten by: Progressive Express Insurance Co. Insured: SOLAR BRANDS, LLC & TROPICAL CARING AND RE: Policy Period: Oct 12, 2022 — Oct 12, 2023 Mailing Address Progressive Express Insurance Co. PO Box 94739 Cleveland, OH 44101 1400-444-4487 For customer service, 24 hours a day, 7 days a week Additional insured endorsement Name of Person or Organiztion City of Cape Canaveral 100 Polk Ave Cape Canaveral, FL 32920 This endorsement modifies insurance provided under the commercial auto policy and any endorsements thereto affording liability coverage. The person or organization named above is an insured with respect to such liability coverage as is afforded by the policy, but this insurance applies to said insured only as a person liable for the conduct of another insured and then only to the extent of that liability. we also agree with you that insurance provided by this endorsement will be primary for any power unit specifically described on the Dedarations Page and showing liability coverage. Limit of Liability Bodily Injury Property Damage Combined Liability each person/ each accident each accident $ 1,000,000 each acddent All other terms, limits and provisions of this policy remain unchanged. This endorsement applies to Policy Number: 08236425 Issued to (Name of Insured): SOLAR BRANDS, LLC & TROPICAL CARTING AND RECYCLING LLC Effective date of endorsement: October 12, 2022 Policy expiration date: October 12, 2023 Form 1198(07/16) M_ CL Section 13 B Automotive Liability Insurance Please see the attache Automotive Liability showing a combined single limit not less than $1,000,000 per occurrence. ACCORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 1/26/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Sihle Insurance Group, Inc. 5545 N ickham Rd. West Melbourne FL 32904 INSURED Solar Brands LLC Tropical Carting and Recycling LLC 360 W. Cocoa Beach Cswy. Cocoa Beach FL 32931 SOLABRA-01 CONTACT NAME: Fawn Peacock PHONE 321-422-7890 E-MAIL ADDRESS: FPeacock@sihle.com FAX (A/C, No.): 321-724-2063 INSURERS) AFFORDING COVERAGE NAIC # INSURER A: Progressive Express Insurance Company 10193 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1429990539 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WD POLICY NUMBER POLICY EFF POLICY EXP LIMITS MM/DD/YYYYI MMM/DD/YYYYI COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PROJECT LOC OTHER: A AUTOMOBILE LIABILITY Y ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY X SCHEDULED AUTOS X NON -OWNED AUTOS ONLY UMBRELLA LIAB OCCUR EXCESS LIAB CLAIMS-MADE DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE N / A OFFICER/MEMBEREXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N 08236425 10/ 12/2022 10/12/2023 LIMITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) PIP $ 1,000,000 $ 10,000 EACH OCCURRENCE AGGREGATE $ PER STATUTE OTHER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Cape Canaveral is included as Additional Insured when required by written contract or agreement. CERTIFICATE HOLDER City of Cape Canaveral 100 Polk Ave Cape Canaveral FL 32920 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (Signature) ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Section 13 C Workers Compensation Insurance Under The State of Florida Workers Compensation Law if a company working in the Non -Construction Industry has 4 or more employees Workers Compensation Insurance is required. Tropical Carting & Recycling LLC has only 2 employees plus 2 LLC Members who claim Workers Compensation Exemption Certificates from the State of Florida. Thus, Workers Compensation Insurance is not required by Florida State Law. Please see the attached Exemption Certificates SECTION 13 C JIMMY PATRONIS CHIEF FINANCIAL OFFICER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION * * CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW * * NON -CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law. EFFECTIVE DATE: 6/20/2021 PERSON: SCOTT E HOLMES FEIN: 812487228 BUSINESS NAME AND ADDRESS: TROPICAL CARTING & RECYCLING LLC 360 W. COCOA BEACH CSWY COCOA BEACH, FL 32931 SCOPE OF BUSINESS OR TRADE: Garbage, Ashes or Refuse Collection & Drivers EXPIRATION DATE: 6/20/2023 EMAIL: SEH6619QYAHOO.COM IMPORTANT: Pursuant to subsection 440.05(14), F.S., an officer of a corporation who elects exemption from this chapter by filing a certificate of election under this section may not recover benefits or compensation under this chapter. Pursuant to subsection 440.05(12), F.S., Certificates of election to be exempt issued under subsection (3) shall apply only to the corporate officer named on the notice of election to be exempt and apply only within the scope of the business or trade listed on the notice of election to be exempt. Pursuant to subsection 440.05(13), F.S., notices of election to be exempt and certificates of election to be exempt shall be subject to revocation if, at any time after the filing of the notice or the issuance of the certificate, the person named on the notice or certificate no longer meets the requirements of this section for issuance of a certificate. The department shall revoke a certificate at any time for failure of the person named on the certificate to meet the requirements of this section. DFS-F2-DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 08-13 E01337580 QUESTIONS? (850) 413-1609 SECTION 13 C JIMMY PATRONIS CHIEF FINANCIAL OFFICER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION * * CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW * * NON -CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law. EFFECTIVE DATE: 6/23/2021 PERSON: JEFFERY A HOLMES FEIN: 812487228 BUSINESS NAME AND ADDRESS: TROPICAL CARTING & RECYCLING LLC 360 W. COCOA BEACH CSWY COCOA BEACH, FL 32931 SCOPE OF BUSINESS OR TRADE: Garbage, Ashes or Refuse Collection & Drivers EXPIRATION DATE: 6/23/2023 EMAIL: SEH6619@YAHOO.COM IMPORTANT: Pursuant to subsection 440.05(14), F.S., an officer of a corporation who elects exemption from this chapter by filing a certificate of election under this section may not recover benefits or compensation under this chapter. Pursuant to subsection 440.05(12), F.S., Certificates of election to be exempt issued under subsection (3) shall apply only to the corporate officer named on the notice of election 10 be exempt and apply only within the scope of the business or trade listed on the notice of election to be exempt. Pursuant to subsection 440.05(13), F.S., notices of election to be exempt and certificates of election to be exempt shall be subject to revocation if, at any time after the filing of the notice or the issuance of the certificate, the person named on the notice or certificate no longer meets the requirements of this section for issuance of a certificate. The department shall revoke a certificate at any time for failure of the person named on the certificate to meet the requirements of this section. DFS-F2-DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 08-13 E01337583 QUESTIONS? (850) 413-1609 Section 13 D Employers Liability Insurance Please see the attached documents for additional insured showing combined single coverage of not less than $1,000,000. ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 2/22/2023 PRODUCER Sihle Insurance Group, Inc. 5545 N ickham Rd. West Melbourne FL 32904 INSURED Solar Brands LLC Sonic Car Wash Systems, LLC 2445 N Courtenay Pkwy Merritt Island FL 32935 COVERAGES THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT NAME: Fawn Peacock PHONE: (A/C No. Ext): 321-422-7890 FAX (A/C, No): 321-724-2063 E-MAIL ADDRESS: FPeacock@sihle.com SOLABRA-01 INSURER(S) AFFORDING COVERAGE INSURER A: Progressive Express Insurance Company INSURER B : Westfield Insurance Company INSURERC : FHM Insurance Cornpany INSURER E : INSURER F : NAIC # 10193 24112 10699 COVERAGES CERTIFICATE NUMBER: 625012474 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) B A X COMMERCIAL GENERAL LIABILITY Y CLAIMS -MADE X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PROJECT X LOC OTHER: C WP003614Y 10/12/2022 10/12/2023 AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY X- SCHEDULED AUTOS X- NON -OWNED AUTOS ONLY 08236425 UMBRELLA LIAB OCCUR EXCESS LIAB CLAIMS -MADE DED I RETENTION $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTN ER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N Y N/A TBD LIMITS EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence), $ 500,000 MED EXP (Any one person) $.1,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS COMP/OP AGG $ 2,000,000 10/12/2022 10/12/2023 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident/ I PIP I $10,000 EACH OCCURRENCE $ AGGREGATE $ $ 10/12/2022 10/12/2023 X PER STATUTE I OTHER E.L. EACH ACCIDENT $ 100,000 E.L. DISEASE - EA EMPLOYEE $ 100,000 E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Frances Holmes, Curtis Holmes, Jeffrey Holmes and Scott Holmes are excluded from Work Comp coverage. City of Cape Canaveral is included as Additional Insured when required by written contract or agreement. CERTIFICATE HOLDER City of Cape Canaveral 100 Polk Ave Cape Canaveral FL 32920 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (Signature) ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 1/26/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Sihle Insurance Group, Inc. 5545 N. Wickham Rd. West Melbourne FL 32904 INSURED TROPCAR-01 Tropical Carting and Recycling LLC 360 W. Cocoa Beach Causeway Cocoa Beach, FL 32931 CONTACT NAME: Fawn Peacock PHONE 321-422-7831 FAX (A/C, No.): 321-724-2063 (A/C. No. Ext): E-MAIL ADDRESS: FPeacock@sihle.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Covington Specialty Insurance 13027 INSURER B: Federal Insurance Company 20281 INSURER C : INSURER D : INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: 67629405 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE (ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF POLICY EXP POLICY NUMBER (MMdDDIYYYY) I MMM/DDIYYYY) A X COMMERCIAL GENERAL LIABILITY I Y I VBA884064 00 10/12/2022 10/12/2023 CLAIMS -MADE X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY O PROJECT O LOC OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON -OWNED AUTOS ONLY LIMITS EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 COMBINED SINGLE LIMIT BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ (Per accident) UMBRELLA LIAB OCCUR EXCESS LIAB CLAIMS -MADE DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTN ER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) Y/N N/A If yes, describe under DESCRIPTION OF OPERATIONS below B INLAND MARINE 45470576 I 1/15/2023 1/15/2024 EACH OCCURRENCE $ AGGREGATE $ PER OTH- E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ Leased & Rented Equip 100,000 Deductible 1,000 Equipment $234,300 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Cape Canaveral is included as Additional Insured when required by written contract or agreement. CERTIFICATE HOLDER City of Cape Canaveral 100 Polk Ave Cape Canaveral FL 32920 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (Signature) © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Section 14 Bond Requirement When approved a $50,000 bond will be provided Section 15 Other Information A. I can attest that Tropical Carting & Recycling LLC does have the necessary equipment, experience and all required resources to provide construction and demolition dumpsters within the City of Cape Canaveral Florida B. I can attest that Tropical Carting & Recycling does have the capacity and willingness to comply with all applicable local, state and federal laws C. I can attest that should Tropical Carting & Recycling be awarded a franchise that the it will be serving the publics best interest CITY OF CAPE CANAVERAL 100 POLK AVE. CAPE CANAVERAL, FL 32920 (321) 868-1220 RECEIPT 02/08/2023 10:59 Number: 85797 Cashier: P.Roth Received Of: SCOTT HOLMES The sum of: $1,000.00 ZONE FEE ZONING FEES $ 1,000.00 Total $ 1,000.00 Remaining Balance: $ 0.00 TENDERED: CHECK 2022 $ 1,000.00 TROPICAL CARTING & RECYCLING LLC. City of Cape Canaveral 2022 02/01/23 Non Exclusive C&D Collection Agreement 1,000.00 SCOTT HOLMES Wells Fargo Checkin Non Exclusive C&D Collection Agreement 1,000.00 Attachment 2 1 ORDINANCE NO. 06-2023 2 3 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, 4 FLORIDA, PROVIDING FOR THE GRANTING OF A NON- 5 EXCLUSIVE FRANCHISE TO TROPICAL CARTING & 6 RECYCLING, LLC FOR SMALL HAULER CONSTRUCTION & 7 DEMOLITION DEBRIS COLLECTION IN ROLL -OFF 8 CONTAINERS UNDER 20 CUBIC YARDS IN SIZE WITHIN 9 THE JURISDICTIONAL CITY OF CAPE CANAVERAL; 10 OUTLINING FRANCHISE DUTIES; IMPOSING 11 REQUIREMENTS UNDER WHICH FRANCHISE SHALL 12 OPERATE; PROVIDING FOR CONFLICTS, SEVERABILITY, 13 AND AN EFFECTIVE DATE. 14 15 16 WHEREAS, the citizens and businesses of Cape Canaveral have a continuing need 17 for the collection and disposal of construction and demolition debris; and 18 19 WHEREAS, Section 62-7 of the Cape Canaveral Code authorizes the City Council 20 to grant non-exclusive franchises to allow solid waste haulers to operate within the 21 jurisdictional limits of the City of Cape Canaveral; and 22 23 WHEREAS, the City of Cape Canaveral's current exclusive solid waste franchise with 24 Waste Pro authorizes Waste Pro to provide exclusive demolition and construction debris 25 services with roll -off containers of 20 cubic yards and greater; and 26 27 WHEREAS, the City Council desires to provide more opportunities to its citizens 28 and businesses to utilize the services of small haulers providing construction and 29 demolition debris services utilizing roll -off containers under 20 cubic yards; and 30 31 WHEREAS, Tropical Carting & Recycling, LLC filed an application with the City 32 seeking a non-exclusive franchise to provide construction and demolition debris services 33 utilizing roll -off containers under 20 cubic yards within the jurisdictional City of Cape 34 Canaveral, Florida; and 35 36 WHEREAS, upon review of the application, the City has determined that Tropical 37 Carting & Recycling, LLC has the necessary equipment, personnel and experience to 38 properly perform the services outlined in the City's solid waste regulations and this 39 Ordinance; and 40 41 WHEREAS, the City Council has determined that it is in best interests of the City 42 of Cape Canaveral and its citizens and businesses that Tropical Carting & Recycling, LLC City of Cape Canaveral Ordinance No. 06-2023 1 1 be awarded a new non-exclusive right and franchise to provide construction and 2 demolition debris services utilizing roll -off containers under 20 cubic yards within the 3 jurisdictional limits of the City of Cape Canaveral upon the terms and conditions recited 4 herein for the limited purpose of collecting and disposing of construction and demolition 5 debris utilizing roll -off containers under 20 cubic yards. 6 7 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA 8 HEREBY ORDAINS, AS FOLLOWS: 9 10 SECTION ONE: Limited Franchise. 11 12 1. Grant of Limited Franchise. Effective upon adoption of this Ordinance, there is hereby 13 granted to Tropical Carting & Recycling, LLC (herein called the "Franchisee"), its successors 14 and assigns, a non-exclusive right, privilege or franchise to collect and dispose of 15 construction and demolition debris generated on real property located within the 16 jurisdictional limits of the City of Cape Canaveral, Florida subject to the terms and 17 conditions as hereinafter set forth. The franchise granted hereunder is intended to be 18 limited solely to construction and demolition debris in roll -off containers under 20 cubic 19 yards in size on real property located within the jurisdictional limits of the City of Cape 20 Canaveral. Franchisee shall not provide any other solid waste collection and disposal 21 services within the jurisdictional limits of the City of Cape Canaveral unless another 22 franchise or license is granted by the City. 23 24 2. Definitions. The following terms as used herein shall have the meaning ascribed below: 25 26 a. "City" shall mean the City of Cape Canaveral, Florida, a Florida municipal corporation. 27 28 b. "Franchisee" shall mean Tropical Carting & Recycling, LLC, a Florida limited liability 29 company. 30 31 c. "Franchise" shall mean the franchise granted to Franchisee by this Ordinance. 32 33 d. "Construction and demolition debris" shall have the same meaning proscribed in 34 62-701.200(24), Florida Administrative Code and Chapter 62 of the City Code, which at the 35 effective date of this Ordinance means: 36 37 Discarded materials generally considered to be not water soluble and non -hazardous in 38 nature, including but not limited to steel, glass, brick, concrete, asphalt material, pipe, 39 gypsum wallboard, and lumber, from the construction or destruction of a structure as part 40 of a construction or demolition project or from the renovation of a structure, including 41 such debris from construction of structures at a site remote from the construction or 42 demolition project site. The term includes rocks, soils, tree remains, trees, and other City of Cape Canaveral Ordinance No. 06-2023 2 1 vegetative matter that normally results from land clearing or land development operations 2 for a construction project; clean cardboard, paper, plastic, wood, and metal scraps from a 3 construction project; except as provided in Section 403.707(9)(j), Florida Statutes, yard 4 trash and unpainted, non -treated wood scraps from sources other than construction or 5 demolition projects; scrap from manufacturing facilities that is the type of material 6 generally used in construction projects and that would meet the definition of construction 7 and demolition debris if it were generated as part of a construction or demolition project, 8 including debris from the construction of manufactured homes and scrap shingles, 9 wallboard, siding concrete, and similar materials from industrial or commercial facilities 10 and de minimis amounts of other non -hazardous wastes that are generated at 11 construction or demolition projects, provided such amounts are consistent with best 12 management practices of the construction and demolition industries. Mixing of 13 construction and demolition debris with other types of solid waste will cause it to be 14 classified as other than construction and demolition debris. 15 16 e. "Roll -off container" means a dumpster, which is used for the collection and disposal 17 of construction and demolition debris or solid waste. The roll -off container may be of the 18 open or enclosed variety and is typically hoisted onto a specially equipped truck for 19 transporting the construction/demolition debris or solid waste to a designated facility. 20 21 3. Term. 22 23 a. The initial term of this Franchise shall be for a period of five (5) years, provided, 24 however, the City reserves the right to terminate the same prior thereto if the Franchisee 25 defaults in any one of the terms and conditions herein specified. 26 27 b. No sooner than six months prior to the expiration of the current term of this 28 Franchise, Franchisee may request, in writing, a renewal of the term of this franchise in 29 increments not to exceed five (5) years. Providing that the Franchisee is not in default of 30 this Franchise, can provide the minimum service required by this Franchise, and is 31 otherwise in compliance with applicable law, the City Council may grant the renewal 32 request by resolution. 33 34 4. Minimum Service. The Franchisee shall provide collection and disposal services subject 35 to the terms of the Franchisee's service agreement with the customer, but in all cases such 36 service must be at sufficient intervals necessary to protect the environment and comply 37 with the provisions of Chapter 62 of the City Code and other applicable law, unless 38 otherwise approved in advance by the City. 39 40 5. Hours. Collections shall be made between 7:00 a.m. and 7:00 p.m. unless different times 41 are approved by the City. If Franchisee is collecting and disposing of construction & 42 demolition debris within the City other than these times, drivers may be ticketed and this City of Cape Canaveral Ordinance No. 06-2023 3 1 Franchise may be subject to revocation by the City Council. 2 3 6. Litter. The Franchisee shall not litter customer's premises, surrounding properties or 4 public right-of-way in the process of making collections and shall promptly pick up all 5 papers, material or debris that may be scattered about the container. Franchisee shall 6 collect all material that has been placed in or about its containers unless otherwise directed 7 by the customer or City. 8 9 7. Approved Containers. Roll -off containers under 20 cubic yards in size, unless otherwise 10 approved in writing by the City, compatible with the Franchisee's servicing equipment and 11 subject to City and other governmental regulation and whose volume is listed in cubic 12 yards. Franchisee shall provide adequate containers for the services rendered hereunder. 13 Such container shall be provided at Franchisee's cost and shall remain the property of 14 Franchisee. 15 16 8. Special and Hazardous Materials. No hazardous wastes will be collected by the 17 Franchisee. 18 19 9. Collection Equipment. 20 21 a. The Franchisee shall provide an adequate number of vehicles for regular collection 22 services. They shall be kept in good repair, appearance, and in a sanitary condition at all 23 times. Each vehicle shall have clearly visible on each side the name and phone number of 24 the Franchisee and vehicle number. 25 26 b. Franchisee shall certify to the City upon the commencement of each franchise year 27 the nature and quantity of vehicles and equipment on hand and available for regular 28 collection services and backup in the event of the breakdown of any primary collection 29 vehicle. 30 31 c. Each roll -off container shall be systematically marked with the Franchisee's name 32 and contact information. 33 34 10. Office. The Franchisee shall establish and maintain a local office or such other facilities 35 through which it can be contacted and customer service requests and complaints can be 36 made. It shall be equipped with sufficient telephones, shall have one (1) responsible person 37 in charge during collection hours and shall be open during collection hours. 38 39 11. Hauling. All construction & demolition debris services provided under this Ordinance 40 shall comply with applicable provisions of the City Code and law, and shall be so contained, 41 or enclosed that leaking, spilling or blowing are prevented. In the event of any spillage, 42 the Franchisee shall upon notice of such spillage immediately clean up the litter at City of Cape Canaveral Ordinance No. 06-2023 4 1 Franchisee's sole expense. Further, if the spillage causes any damage to any streets and/or 2 any public infrastructure, the Franchisee shall be responsible for reimbursing the City for 3 the actual cost of repair or replacement of the streets and/or public infrastructure that is 4 damaged by Franchisee within thirty days of receipt of an invoice itemizing the actual 5 costs. In addition, if after receiving written notice from the City, Franchisee fails to properly 6 clean the leak, spill or litter within twenty-four hours as required herein, the City shall have 7 the right, but not obligation, to so clean and Franchisee shall reimburse the City for any 8 and all actual costs incurred by the City to clean the leak, spill and/or litter within thirty 9 days of receipt of an invoice itemizing the actual costs. 10 11 12. Disposal. All construction and demolition debris collected for disposal shall be hauled 12 to sites or facilities legally empowered to accept it for treatment or disposal. To the 13 maximum extent permitted by law and required by any agreement between the City and 14 Brevard County, if any, construction and demolition debris shall be disposed of at Brevard 15 County designated facilities. 16 17 13. Charges and Rates. All charges and rates for the collection and disposal of construction 18 and demolition debris shall be set by the Franchisee. Rates and charges shall not be set by 19 the City. 20 21 14. Location. All demolition and construction debris shall be placed in approved 22 containers at locations that are readily accessible to the Franchisee's personnel. Containers 23 shall be located on the customer's property and shall not be placed on public right-of-way 24 and sidewalks. 25 26 15. Compensation and Payment. 27 28 a. Other than payment of the City's initial and renewal franchise application fee, no 29 other franchise fee shall be paid to the City under this Franchise. 30 31 b. Nothing herein shall be construed or interpreted as addressing the payment of 32 any applicable business tax receipts or other taxes and assessments that may be owed to 33 the City by Franchisee pursuant to law. Franchisee shall be responsible for paying such 34 applicable business tax receipts, taxes and assessments. 35 36 c. Nothing herein shall be construed or interpreted as waiving or exempting 37 Franchisee from any applicable code enforcement or traffic penalties and fines imposed 38 on Franchisee in accordance with applicable law. 39 40 16. Discontinued Service; Public Nuisance. 41 42 a. The Franchisee may discontinue service to a customer in its discretion. However, City of Cape Canaveral Ordinance No. 06-2023 5 1 in accordance with the City's police powers granted to by law, the City shall have the 2 authority to direct the Franchisee to complete the service of any existing roll -off containers 3 located on a customer's property at the time of discontinuing service if the City determines 4 that the construction and demolition debris present on the customer's property 5 constitutes a public nuisance. 6 7 17. Complaints. All customer and City complaints received by the Franchisee shall be 8 resolved within twenty-four (24) hours unless the complaints cannot be reasonably 9 resolved within said time period, in which case the complaints shall be resolved within a 10 time period mutually agreeable to the complainant and Franchisee. Upon request by the 11 City, the Franchisee shall supply the City with copies of all complaints on a form approved 12 by the City and indicate the disposition of each complaint. Such records shall be available 13 for City inspection at all times during business hours. The form shall indicate the day and 14 hour on which the complaint was received and the day and hour on which it was resolved, 15 the name of the complainant, the nature of the complaint and the manner of resolution. 16 When a complaint is received on a Saturday, Sunday or holiday (including the day 17 preceding a holiday), it shall be serviced on the next normal working day. 18 19 18. Notification. The Franchisee shall notify customers about complaint procedures, 20 regulation, days and hours of collection, and the terms and conditions of this Franchise. 21 22 19. Franchisee Personnel. 23 24 a. The Franchisee shall assign a qualified person or persons to be in charge of 25 operations occurring within the City and upon request by the City, Franchisee shall give 26 the name or names and information regarding experience to the City. 27 28 b. Franchisee's collection employees shall wear a clean uniform that 29 preferably bears the company's name. 30 31 c. Each employee shall, at all times, carry a valid operator's license for the 32 type of vehicle he is driving. 33 34 d. The Franchisee shall provide operating and safety training for all personnel 35 and upon request of the City, Franchisee shall certify same to the City upon request. Such 36 certification shall identify all employees employed in Cape Canaveral, their job description 37 and the nature and type of training given said employees. 38 39 e. The Franchisee shall comply with the Equal Employment Opportunity 40 Program, the Fair Labor Standards Act and all other applicable Federal and State Statutes 41 pertaining to Fair Employment practices. 42 City of Cape Canaveral Ordinance No. 06-2023 6 1 20. Franchise Equipment. 2 3 a. The proper maintenance of equipment and vehicles under this Franchise is of 4 utmost importance to the City for purposes of protecting the public health, safety and 5 welfare. Accordingly, upon request by the City for good cause because of equipment and 6 vehicle safety concerns related the public, all equipment, trucks or other vehicles used by 7 Franchisee on the public streets and roads within the City of Cape Canaveral shall be 8 required to pass an annual safety inspection conducted by the City of Cape Canaveral or 9 its agents. If an inspection is required, the City shall utilize industry and vehicle 10 manufacturer standards. Where the vehicle manufacturers recommend minimum 11 requirements are more stringent than industry standards, the more stringent requirements 12 shall apply. 13 14 b. All vehicles shall be subject to, and shall immediately submit to spot, on the road 15 inspections and if found to be in non-compliance, said vehicle shall be immediately 16 removed from service until it can be repaired and is successfully re -inspected. 17 18 c. The use of vehicles failing to meet inspection standards may be grounds for 19 revocation of the Franchise if found by the City Council, after notice to the Franchisee and 20 an opportunity to be heard, to be flagrant or repeated in nature. 21 22 21. Compliance within Laws. The right is hereby reserved for the City to adopt, in addition 23 to the provisions herein contained and existing applicable ordinances, such additional 24 regulations as it shall find necessary in the exercise of the police power, provided that such 25 regulations by ordinance or otherwise shall be reasonable and not in conflict with the 26 intended purpose of this Ordinance. The Franchisee shall conduct operations under this 27 Ordinance in compliance with all applicable laws and its failure to comply shall constitute 28 a default hereunder. This Franchise shall not be construed to repeal or revise any existing 29 ordinance and to the extent that any provision of this Franchise is inconsistent with any 30 existing ordinance, then such existing ordinance shall prevail and control. 31 32 22. Performance Bond. Concurrent with this Franchise, the Franchisee shall furnish to the 33 City a Performance Bond executed by a surety authorized to do business in the State of 34 Florida in the amount of $50,000, insuring the faithful performance of the terms of this 35 Ordinance and executed by a surety company licensed to do business within the State of 36 Florida. Said Performance Bond is in an amount deemed by the City and the Franchisee to 37 be reasonable and necessary to enable the City to ensure Franchisee's performance under 38 this Franchise. 39 40 24. Liability & Insurance. The privileges herein granted are upon the express conditions 41 that the Franchisee shall be liable for all damages or injury to persons or property caused 42 by its neglect or mismanagement, or by the actions of any of its employees while engaged City of Cape Canaveral Ordinance No. 06-2023 7 1 in the operations herein authorized, or for any actions or proceedings brought as a result 2 of the award of this Franchise to Franchisee, to specifically include but not be limited to 3 Anti-trust actions or proceedings. Should the City of Cape Canaveral be sued therefore, 4 the Franchisee shall be notified of such suit, and thereupon it shall be its duty to defend 5 the suit, and should judgment go against the City in any such case, Franchisee shall 6 forthwith pay the same. The Franchisee shall indemnify and save harmless the City, its 7 agents, officers, attorneys and employees from any judgments recovered by anyone for 8 personal injury, death or property damage sustained by reason of any of the Franchisee's 9 activities permitted by this Franchise or for any actions or proceedings brought as a result 10 of the award of this Franchise to Franchisee, to specifically include but not limited to Anti- 11 trust actions or proceedings, and shall pay all expenses, including costs and attorney's fees, 12 in defending against any such claim made against the City or any of the City's agents, 13 officers, attorneys or employees. This indemnification provision shall survive the repeal of 14 this Ordinance. Franchisee further agrees to purchase Commercial General Liability 15 insurance in the minimum amount of one million dollars ($1,000,000) per occurrence, 16 naming the City as an additional insured to the extent of its rights against Franchisee 17 arising by virtue of this section. Franchisee further agrees to purchase Automobile Liability 18 insurance in the minimum amount of one million dollars ($1,000,000) combined single 19 limit. Franchise further agrees to purchase Worker's Compensation insurance which meets 20 or exceeds State of Florida Statutory Limits. A certificate of insurance shall be filed with 21 the City Manager ten (10) days prior to the effective date of this franchise, and shall be 22 maintained at all times during the term of the Franchise. The certificate must name the 23 City as additional insured for general liability. Furthermore, the certificate must reflect 24 insurance companies which are licensed to do business in the State of Florida. All insurance 25 policies will provide that the City be given ten (10) days written notice prior to cancellation 26 or modification. If the initial insurance expires prior to the expiration of this Franchise, 27 renewal certificates of insurance and required copies of policies shall be furnished thirty 28 (30) days prior to the date of expiration. 29 30 25. Licenses. The Franchisee shall, at its sole expense, procure from all governmental 31 authorities having jurisdiction over the operations of the Franchisee, including the City, all 32 licenses, certificates, permits or other authorization which may be necessary for the 33 conduct of its operations. The Franchisee shall pay all taxes, licenses, certification, permit 34 and examination fees and excises which may be assessed, levied, exacted or imposed on 35 its property, on its operations, on its gross receipts, and upon this franchise and the rights 36 and privileges granted herein, and shall make all applications, reports and returns required 37 in connection therewith. 38 39 26. Assignment. No assignment of the Franchise or any right occurring under this 40 Ordinance shall be made in whole or in part by the Franchisee without the express written 41 consent of the City; in the event of any assignment, the assignee shall assume the liability 42 of the Franchisee. City of Cape Canaveral Ordinance No. 06-2023 8 1 2 27. Bankruptcy or Insolvency. If the Franchisee becomes insolvent and in any event if the 3 Franchisee files a petition of voluntary or involuntary bankruptcy, then this Franchise shall 4 terminate in no event later than the date of filing of the bankruptcy petition. 5 6 28. Default. 7 8 a. The failure on the part of the Franchisee to comply in any substantial respect with 9 any of the provisions of this Ordinance shall be grounds for a forfeiture of this Franchise, 10 but no such forfeiture shall take effect until the City has served upon the Franchisee written 11 notice of default, which notice shall set forth the nature and extent thereof. The Franchisee 12 shall have thirty (30) days following the notice of default to correct the same. If the 13 Franchisee protests the reasonableness or propriety of the City's declaration, said protest 14 shall be served upon the City in writing within ten (10) days following receipt by the 15 Franchisee of the City's notice. 16 17 b. If the City and the Franchisee cannot agree as to the reasonableness or propriety 18 of the City's declaration of default, then the issue shall be promptly submitted to mediation 19 before a mediator that is mutually agreed upon. The mediation shall occur as soon as 20 practicable in order to expeditiously resolve the declaration of default. The parties shall 21 share equally in the cost of the mediator expenses, and shall bear their own attorney's fees 22 and costs related to the mediation. 23 24 c. The purpose of this section is to enable the City and the Franchisee to resolve by 25 mediation such differences as they may be unable to resolve by mutual agreement on 26 their own. Nothing contained herein shall be construed to limit or restrict the legal rights 27 and powers of the City or the Franchisee to bring a legal action in a court of competent 28 jurisdiction if mediation is unsuccessful in resolving the default. 29 30 29. Right to Require Performance. The failure of the City at any time to require 31 performance by the Franchisee of any provisions hereof shall in no way affect the right of 32 the City thereafter to enforce same. Nor shall waiver by the City of any breach of any 33 provisions hereof be taken or held to be a waiver of any succeeding breach of such 34 provision or as a waiver of any provision itself. 35 36 30. Modification. This Franchise constitutes the entire agreement and understanding 37 between the parties hereto, and it shall not be considered modified, altered, changed or 38 amended in any respect unless in writing and signed by the parties hereto, and adopted 39 as an amending franchise ordinance. 40 41 31. Notice. As required for any purpose in this franchise, notice shall be addressed and 42 sent by certified United States mail to the City and the Franchisee as follows: City of Cape Canaveral Ordinance No. 06-2023 9 1 2 CITY 3 4 City Manager 5 City of Cape Canaveral 6 100 Polk Avenue 7 Cape Canaveral, Florida 32920 8 9 FRANCHISEE 10 11 Scott Holmes, Manager 12 Tropical Carting & Recycling, LLC 13 8102 Ridgewood Avenue 14 Cape Canaveral, Florida 32920 15 16 17 32. Remedies, Attorney's Fees and Costs. All remedies provided in this Franchise shall 18 be deemed cumulative and additional and not in lieu of or exclusive of each other or of 19 any other remedy available to the City at law or in equity. In the event of any litigation or 20 legal proceeding, each party shall bear their own attorney's fees and costs through all 21 appellate proceedings. 22 23 33. Headings. The headings of the sections of this Franchise are for purposes of 24 convenience only and shall not be deemed to expand or limit the provisions contained in 25 such sections. 26 27 34. Warranty of Franchisee. The Franchisee represents and warrants unto the City that no 28 officer, employee, or agent of the City has any interest, either directly or indirectly, in the 29 business of Franchisee to be conducted hereunder. 30 31 35. Compliance with Cape Canaveral Code of Ordinances. Franchisee agrees to comply 32 with Chapter 62 of the City Code, all other applicable City codes, ordinances, rules and 33 regulations. 34 35 36. Amendment. The City reserves the right to amend this Ordinance in any manner 36 necessary for the health, safety or welfare of the public, and the City reserves the right, in 37 the public interest from time to time, to prescribe reasonable rules and regulations 38 governing Franchisee's operations hereunder. 39 40 SECTION TWO: Severability: The provisions of this Ordinance are declared to be 41 severable and if any section, sentence, clause or phrase of this ordinance shall for any 42 reason be held to be invalid or unconstitutional, such decision shall not affect the validity City of Cape Canaveral Ordinance No. 06-2023 10 1 of the remaining sections, sentences, clauses and phrases of this ordinance but they shall 2 remain in effect, it being the legislative intent that this ordinance shall stand 3 notwithstanding the invalidity of any part. 4 5 SECTION THREE: Effective Date; Termination. This Ordinance shall take effect 6 immediately upon adoption and acceptance by the Franchisee. Repeal of this Ordinance 7 shall release both parties from their obligation to effect and to receive future performance 8 hereunder. This Ordinance shall automatically be deemed repealed upon expiration of the 9 term of this Franchise or termination of this Franchise by either party, in writing. However, 10 in addition to provisions of this Franchise that expressly survive the termination of this 11 Ordinance, termination of this Ordinance does not preclude a claim for breach of this 12 Franchise for non-performance including, but not limited to, Franchisee's failure to pay 13 franchise renewal fees owned to the City under this Franchise. 14 15 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day 16 of , 2023. 17 18 19 20 21 Wes Morrison, Mayor 22 23 ATTEST: 24 25 For Against 26 27 Mia Goforth, CMC Kim Davis 28 City Clerk 29 Mickie Kellum 30 31 Wes Morrison 32 33 Angela Raymond 34 35 Don Willis 36 37 38 First Reading: May 16, 2023 39 Advertisement: 40 Second Reading: 41 42 City of Cape Canaveral Ordinance No. 06-2023 11 1 Approved as to legal form and sufficiency 2 for the City of Cape Canaveral only by: 3 4 5 Anthony A. Garganese, City Attorney 6 7 8 9 10 11 ACCEPTANCE BY FRANCHISEE 12 13 The foregoing ordinance and the franchise provided for therein and all the terms and 14 conditions thereof are hereby accepted, approved and agreed to this day 15 of , 2023. 16 17 18 19 FRANCHISEE: 20 21 TROPICAL CARTING & RECYCLING, LLC 22 23 By: 24 Scott Holmes, Manager 25 26 27 28 29 City of Cape Canaveral Ordinance No. 06-2023 12 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MAY 16, 2023 AGENDA ITEM SUMMARY • ITEM # 9 Subject: a. Ordinance No. 07-2023; amending Section 26-3 of the City Code regarding the Election Qualifying Period requirements for the Office of Mayor and City Council in accordance with Section 2.02(b) of the City Charter; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, first reading. b. Resolution No. 2023-06; adopting a Qualifying Statement for qualifying candidates for Mayor and City Council pursuant to the requirements of Section 26-3 of the City Code and Section 2.02(b) of the City Charter; providing for alterations, grammatical and error corrections by the City Clerk, repeal of prior inconsistent resolutions, minor severability and an effective date. Department: City Clerk's Office Summary: a. Ordinance No. 07-2023 (Attachment 1): On November 8, 2022, the Electors of the City of Cape Canaveral approved an amendment of Section 2.02 of the City Charter to require that each candidate seeking the Office of City Council shall have been domiciled within the City at least one (1) year immediately prior to the time of qualifying, and thereby amending the requirements to qualify for such office under Florida law. As a result, it is now necessary to amend the City Code, Chapter 26 - Elections, to require candidates seeking the Office of City Council to file a Qualifying Statement under Oath, affirming their eligibility and domicile within the City of Cape Canaveral for purposes of implementing the domicile requirement of the City Charter, and to ensure the City's successful election administration of properly qualifying candidates for Mayor and City Council and maintaining the integrity of the City elections. b. Resolution No. 2023-06 (Attachment 2): approval of this Resolution will adopt the Qualifying Statement — Domicile within the City, Exhibit "A" (Attachment 3). Upon adoption of Resolution No. 2023-06, the Qualifying Statement will become part of the City's Election Qualifying process. Individuals intending to qualify as candidates for the offices of Mayor or City Council will be required to complete/submit the new form, beginning this year and each year going forward, during the City's Qualifying Period. Submitting Department Director: Mia Goforth Attachments: 1. Ordinance No. 07-2023 2. Resolution No. 2023-06 3. Exhibit "A" to Resolution No. 2023-06 Financial Impact: Staff time and effort to prepare this agenda item; cost of advertising legal notice. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following actions: Approve Ordinance No. 07-2023, at first reading, and adopt Resolution No. 2023-06. Approved by City Manager: Todd Morley Attachment 1 1 ORDINANCE NO. 07-2023 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 4 CANAVERAL, FLORIDA; AMENDING SECTION 26-3 OF THE CITY 5 CODE REGARDING THE ELECTION QUALIFYING PERIOD 6 REQUIREMENTS FOR THE OFFICE OF MAYOR AND CITY COUNCIL IN 7 ACCORDANCE WITH SECTION 2.02(B) OF THE CITY CHARTER; 8 PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT 9 ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE 10 CODE, SEVERABILITY AND AN EFFECTIVE DATE. 11 12 WHEREAS, the City is governed by a municipal charter and is granted the authority, under 13 § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except 14 when expressly prohibited by law; and 15 16 WHEREAS, Section 2.02(b) of the City Charter sets forth the eligibility requirements for 17 candidates for the office of mayor and city council; and 18 19 WHEREAS, a municipal corporation created by charter derives all its powers from the 20 charter under which it acts as a body corporate and politic. See Abell v. Town of Boynton, 117 So. 21 507 (Fla. 1928) (charter as defining powers and duties); Gontz v. Cooper City, 228 So. 2d 913 (Fla. 22 4th DCA 1969) (paramount law of municipal corporation as its charter giving municipality all 23 powers it possesses unless other statutes applicable to it; Clark v. North Bay Village, 54 So. 2d 240 24 (Fla. 1951); and 25 26 WHEREAS, Section 99.021, Florida Statutes, requires each candidate, in order to qualify 27 for nomination or election to any office other than a judicial office as defined in chapter 105 or a 28 federal office, shall take and subscribe to an oath or affirmation in writing that says, in part, that 29 he or she is qualified under the Constitution and the laws of Florida to hold the office to which he 30 or she desires to be nominated or elected; and 31 32 WHEREAS, on November 8, 2022, the electors of the City of Cape Canaveral 33 overwhelmingly approved an amendment of Section 2.02 of the City Charter to require that each 34 candidate seeking the office of city council shall have been domiciled within the city at least one 35 (1) year immediately prior to the time of qualifying, and thereby amending the requirements to 36 qualify for such office under Florida law; and 37 38 WHEREAS, the City Council has previously made legislative findings that a one-year 39 requirement to qualify to run for a city council position is relatively common and has found favor 40 in the courts as a "reasonable residency requirement." For example, in Nichols v. State, 177 So. 2d 41 467 (Fla. 1965), the Florida Supreme Court held that a one-year durational residency requirement 42 to qualify to run for city commission was not unreasonable and valid. Additionally, in Daves v. City 43 of Longwood, 423 F.Supp. 503 (M.D. Fla., 1976), the United States District Court, Middle District of City of Cape Canaveral Ordinance No. 07-2023 Page 1 of 4 1 Florida, upheld a special act imposing one-year residency requirement to run for city council in 2 the City of Longwood; and 3 4 WHEREAS, in furtherance of the will of the voters recently reflected in the November 8, 5 2022 referendum election, the City Council desires to amend the City's Election Code to require 6 candidates seeking the office of city council to file a qualifying statement under oath affirming 7 their eligibility and domicile within the City of Cape Canaveral for purposes of implementing the 8 domicile requirement as set forth in the Section 2.02 of the City Charter; and 9 10 WHEREAS, the City Council also finds that the City's successful election administration of 11 properly qualifying candidates to run for mayor and city council and maintaining the integrity of 12 City elections is of the utmost importance to democracy and the citizens of Cape Canaveral; and 13 14 WHEREAS, the City Council finds this Ordinance to be in the best interests of the public 15 health, safety, and welfare of the citizens of Cape Canaveral. 16 17 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 18 ORDAINS, AS FOLLOWS: 19 SECTION 1. Recitals. The foregoing recitals are hereby fully incorporated herein by 20 this reference as legislative findings and the intent and purpose of the City Council of the City of 21 Cape Canaveral. 22 23 SECTION 2. Amending Chapter 26 - Elections. The City of Cape Canaveral Code of 24 Ordinances, Chapter 26 — Elections is hereby amended as set forth below (underlined type 25 indicates additions and strikeout type indicates deletions, while ' ' indicate deletions from this 26 Ordinance of said Chapter 26 that shall remain unchanged in the City Code): 27 28 CHAPTER 26 — ELECTIONS 29 30 *** 31 32 Sec. 26-3. — Qualifying period —Generally. 33 34 Candidates for the offices of the mayor and city council shall meet the eligibility (adding to the Code) 35 requirements set forth in Section 2.02(b) of the City Charter and (adding to the Code). shall qualify (adding to the Code). with the city clerk by 36 completing and filing qualifying papers designating the office for which they are a candidate(adding to the Code). and 37 paying the applicable qualifying fee and assessment during regular business hours of the city at 38 any time after 12:00 noon of the 92nd day prior to the municipal election and no later than 12:00 39 noon of the 81st day prior to the date of the municipal election. However, in the event that the 40 first or last filing day falls on a Saturday, Sunday or legal holiday, then, as may be applicable, the 41 subject first filing date shall be rescheduled to the next regular business day and the last filing 42 date shall be rescheduled to the last preceding regular business day. Such qualifying papers shall City of Cape Canaveral Ordinance No. 07-2023 Page 2 of 4 1 include all forms required by the Florida Election Code and a qualifying statement on a form 2 approved by the City Council by resolution attesting to satisfying the eligibility requirements set 3 forth in Section 2.02(b) of the City Charter. (adding to the Code). 4 5 *** 6 7 SECTION 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 8 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 9 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 10 11 SECTION 4. Incorporation Into Code. This Ordinance shall be incorporated into the 12 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may 13 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, 14 and like errors may be corrected and additions, alterations, and omissions, not affecting the 15 construction or meaning of this ordinance and the City Code may be freely made. 16 17 SECTION 5. Severability. If any section, subsection, sentence, clause, phrase, word or 18 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 19 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 20 shall be deemed a separate, distinct and independent provision, and such holding shall not 21 affect the validity of the remaining portions of this Ordinance. 22 23 SECTION 6. Effective Date. This Ordinance shall become effective immediately upon 24 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City 25 Charter. 26 27 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day 28 of , 2023. 29 30 31 Wes Morrison, Mayor 32 33 ATTEST: For Against 34 Kim Davis 35 Mickie Kellum 36 Wes Morrison 37 Angela Raymond 38 Don Willis 39 Mia Goforth, CMC Mickie Kellum 40 City Clerk 41 42 43 City of Cape Canaveral Ordinance No. 07-2023 Page 3 of 4 1 2 3 4 First Reading: May 16, 2023 5 Advertisement: 6 Second Reading: 7 8 9 10 Approved as to legal form and sufficiency 11 for the City of Cape Canaveral only by: 12 13 14 Anthony A. Garganese, City Attorney 15 16 17 18 19 City of Cape Canaveral Ordinance No. 07-2023 Page 4 of 4 Attachment 2 RESOLUTION NO. 2023-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING A QUALIFYING STATEMENT FOR QUALIFYING CANDIDATES FOR MAYOR AND CITY COUNCIL PURSUANT TO THE REQUIREMENTS OF SECTION 26-3 OF THE CITY CODE AND SECTION 2.02(B) OF THE CITY CHARTER; PROVIDING FOR ALTERATIONS, GRAMMATICAL AND ERROR CORRECTIONS BY THE CITY CLERK, REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, MINOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council hereby adopts this Resolution in furtherance of Section 26-3 of the City Code which requires the City Council to approve a qualifying statement by resolution to be filed by candidates seeking to qualify as a candidate for mayor and city council for purposes of attesting to satisfying the eligibility requirements set forth in Section 2.02(b) of the City Charter; and WHEREAS, the City Council hereby finds that this Resolution is in the best interests of the public health, safety and welfare of the citizens. 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 Qualifying Statement. Pursuant to Section 26-3 of the City Code and in furtherance of the requirements of Section 2.02(b) of the City Charter, the City Council of the City of Cape Canaveral hereby approves the Qualifying Statement, as attached hereto and incorporated herein by reference as Exhibit "A". (adding to the Code). Section 3. Alterations, Correction of Errors and Grammatical Changes. Any section or paragraph, number or letter, letterhead, and any heading of the qualifying statement approved hereunder may be changed or modified as necessary by the City Clerk in consultation with the City Attorney to effectuate the requirements of Section 26-3, Section 2.02(b) of the City Charter and other applicable provisions of law. Additionally, grammatical, typographical, omission and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Resolution, City Code and qualifying statement attached as Exhibit "A" may be freely made by the City Clerk in consultation with the City Attorney. City of Cape Canaveral Resolution 2023-06 Page 1 of 2 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, and Ordinance No. 07-2023 becoming effective. ADOPTED in a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, this day of , 2023. Wes Morrison, Mayor Name FOR AGAINST Kim Davis Mickie Kellum Wes Morrison Angela Raymond Don Willis ATTEST: Mia Goforth, CMC, City Clerk Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution 2023-06 Page 2 of 2 Attachment 3 Resolution No. 2023-07 Exhibit "A" CITY OF CAPE CANAVERAL P.O. Box 326 • 100 Polk Avenue • Cape Canaveral, FL 32920-0326 (321) 868-1220 www.cityofcapecanaveral.org CITY OF CAPE CANAVERAL, FLORIDA QUALIFYING STATEMENT — DOMICILE WITHIN THE CITY Any registered voter of the City of Cape Canaveral, Florida who desires to qualify as a candidate for the office of mayor and councilmember of the City of Cape Canaveral, Florida ("City Council") is hereby advised: Section 2.02(b) of Article II of the Cape Canaveral City Charter provides: "Each candidate seeking the office of the city council shall be domiciled within the city at least one (1) year immediately prior to the time of qualifying." In addition, " (t]he members of the city council shall be domiciled within the City of Cape Canaveral and shall have and possess the qualifications of registered voters of the City of Cape Canaveral. Any member of the city council who shall cease to have and possess the qualifications imposed on such office shall forfeit his or her office and said office shall immediately become vacant." For purposes of adopting and interpreting the aforementioned City Charter provision, the City Council and citizens of Cape Canaveral relied upon the meaning of the term "domicile" interpreted by Florida Courts as follows: [Domicile] is of more extensive signification and includes, beyond mere physical presence at the particular locality, positive or presumptive proof of an intention to constitute it a permanent abiding place. 'Residence' is of a more temporary character than 'domicile.' 'Residence' simply indicates the place of abode, whether permanent or temporary; 'domicile' denotes a fixed, permanent residence, to which, when absent, one has the intention of returning. 'Residence' has a more limited, precise and local application than 'domicile,' which is used more in reference to personal rights, duties, and obligations. That there is a difference in meaning between 'residence' and 'domicile,' is shown by the fact that a person may have his residence in one place while his domicile is in another. It has also been said that domicile and residence are not synonymous for the reason that a person may have more than one residence at the same time, but only one domicile. Minick v. Minick, 149 So. 483, 488 (Fla. 1933) (quoting 19 Corpus Juris 395). Accord Kevoloh v. Carter, 699 So. 2d 285 (Fla. 5th DCA 1997); In re DeFelice, 172 B.R. 130 (Bankr. S.D. Fla. 1994). City of Cape Canaveral Qualifying Statement — Domicile within the City Page 1 of 2 STATE OF FLORIDA COUNTY OF BREVARD BEFORE ME, the undersigned authority, did personally appear (print name), who, upon being duly sworn, did depose and state as follows: 1. My name is (print name), I am over the age of eighteen years and I have personal firsthand knowledge of the facts and information set forth herein. 2. I am a candidate for the City Council of Cape Canaveral in the election scheduled to be held on ; and I agree to serve on the City Council if I am elected. 3. Before signing this Qualification Statement, I have read and fully understand the aforementioned advisory regarding the qualification requirements to be a candidate to run for the office of City Council of Cape Canaveral, Florida, and if elected, to serve on said City Council. 4. I currently reside at (print street address), Cape Canaveral, Florida 32920, and represent to the City of Cape Canaveral, other candidates that may be running against me, and the citizens of Cape Canaveral that I am a registered voter of Cape Canaveral, and I am currently, and have been for at least one (1) year immediately preceding my qualifying herein, domiciled within the City of Cape Canaveral at the following address(es): . (print street address(es)) FURTHER YOUR AFFIANT SAYETH NAUGHT. (print name) Sworn to and subscribed before me by means of ❑physical presence OR ❑online notarization, this day of , by whose address is ❑ Personally Known OR ❑ Produced Identification Type of Identification Produced: NOTARY PUBLIC City of Cape Canaveral Qualifying Statement — Domicile within the City Page 2 of 2 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MAY 16, 2023 AGENDA ITEM SUMMARY • ITEM # 10 Subject: Discuss the findings of the Wastewater Sufficiency Analysis requested by Council at the June 21, 2022 City Council Meeting and support Staff's recommendation to proceed with the 7.5% Wastewater Rate increase for FY23/24 as set forth in the 2022 Analysis. Department: Financial Services De•artment Summary: At the June 21, 2022 City Council Meeting (Attachment 1), City Council approved the Wastewater Revenue Sufficiency Analysis conducted by Raftelis (Attachment 2 - Raftelis Analysis). The Raftelis Analysis included a recommended rate structure, intended to be implemented over a five-year period, which provides for programmed budgetary surpluses in the Wastewater Fund. Council also requested that Staff perform an annual analysis to determine if the recommended/projected revenues and expenditures for each year are above or below the projections. Staff has performed the requested analysis for the current year (Attachment 3 — 2023 Staff Analysis), which shows that the surplus projected by the Raftelis Analysis will not be achieved for FY23/24. For FY 23/24, the Raftelis Analysis recommended a 7.5% increase, projecting that the City would attain a $391,082 Surplus. However, the 2023 Staff Analysis revealed that the increase yielded only a $181,662 Surplus. This was due to inflationary increases in Staff salaries, an increase debt service, and inflationary increases in operating costs. If the City Council desires to achieve the projected Surplus of $391,082, the Sewer Rate would have to be increased an additional 3.9%, which would result in an overall increase in FY 23/24 to 11.4%. Staff does not expect this negative trend to continue. However, with the inflationary impacts experienced in the last few years and its effects on the economy, future fluctuations cannot be predicted if the economy does not show improvement. The desired surplus reflected in the Raftelis Analysis for future years can be realized based on the City limiting new debt and the incremental increases in future annual user fee increases solidifying the revenue projections. For these reasons, Staff recommends "staying the course" and proceeding as set forth in the Raftelis Analysis, which provides for a 7.5% increase for FY 23/24. The impact of the Wastewater Fund not realizing the $391,082 Surplus for FY23/24 will require the $209,420 shortfall to be funded by the Wastewater Contingency Fund and Renewal/Replacement Fund, if warranted. Submitting Department Director: John DeLeo Attachments: 1. City Council Meeting Minutes Portion of June 21, 2022. 2. Rafetilis Wastewater Revenue Sufficiency Analysis Portion dated May 5, 2022. 3. Staff Wastewater Analysis Requested by Council, dated April 26, 2023. Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo City of Cape Canaveral City Council Meeting • May 16, 2023 Agenda Item # 10 Page 2 of 2 The City Manager recommends the City Council take the following action: Discuss the findings of the Wastewater Sufficiency Analysis requested by Council at the June 21, 2022 City Council Meeting and support Staff's recommendation to proceed with the 7.5% Wastewater increase for FY23/24 as recommended in the Raftelis Analysis. Approved by City Manager: Todd Morley Attachment 1 City of Cape Canaveral, Florida City Council Regular Meeting • June 21, 2022 Minutes • Page 3 of 6 delayed either way, and the multiple interpretations and added details to Mayor Pro Tem Kellum's original motion. Mayor Pro Tem Kellum agreed to allow Mayor Morrison to re -state the original motion. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Raymond, to explore alternatives to save the tree, allow the City Manager to make the decision, whether to save or remove it, and communicate that decision to Council. Mayor Morrison explained Council is trying to give City Manager Morley the ability to move quickly without having to bring the Item back to Council. Mr. Pervell expressed confidence the City will make the right decision either way, and requested the six replacement trees to be planted in Canaveral City Park. City Manager Morley stated Mr. Pervell's idea to place trees along the outfield is a great idea. Projects/Parks Administrator Vergara indicated landscaping at the Park is not finished and more trees will be planted. Arlyn DeBlauw, resident, inquired about holding the contractor responsible. City Manager Morley explained how that argument would be very hard to make due to the Construction/Manager At -Risk Contract in place, which means that the City would end up paying for it anyway. The motion carried 5-0. PUBLIC HEARING: 7. Ordinance No. 05-2022; providing for a Referendum and Ballot Language for the November 8, 2022 General Election or an election scheduled thereafter; proposing to amend Section 2.02 of the City Charter regarding eligibility to serve on the City Council to provide that City Council Members must be domiciled within the City of Cape Canaveral at least one (1) year immediately prior to qualifying and must remain domiciled within the City of Cape Canaveral during their term in office or forfeit their office; providing for a notice of the City of Cape Canaveral Charter Referendum Question; providing for coordination with the Supervisor of Elections; providing for administration of the Referendum by the City Clerk and City Manager; providing for severability and an effective date, second reading: City Attorney Garganese read the title into the record and explained the Item. The Public Hearing was opened. Patrick Campbell, resident, inquired if this action would solve the problem regarding the clerical error contained in last year's Candidate Packet that indicated those running for City Council, must be a resident for one year in the City. City Attorney Garganese confirmed that the amendment incorporating this provision of a one (1) year domicile requirement in the City Charter would solve that problem. The Public Hearing was closed. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to adopt Ordinance No. 05-2022, at second reading. The motion carried 5-0. 8. Based on the May 5, 2022 City of Cape Canaveral Wastewater Revenue Sufficiency Analysis completed by Raftelis Financial Consultants, Inc., the following action is recommended by City Staff: (HIGHLIGHTED- YELLOW) Resolution No. 2022-13; revising the City's Sanitary Sewer Service Fee Schedule in accordance with Article III of Chapter 78 of the City Code for Fiscal Years 2022/2023 through 2026/2027; providing for the repeal of prior inconsistent resolutions; incorporation into Appendix B, Schedule of Fees; severability and an effective date: Mayor Morrison read the title into the record. City Manager Morley explained the purpose of the Item and how the action is taken every 8. (Highlighted-Yellow) five years with exception to last year due to the COVID-19 Pandemic. Discussion ensued and included the purpose of using a resolution versus an ordinance to adopt the Fee Schedule, provisions in both the City Charter and Code for use of either resolution or ordinance, City Attorney Garganese' prepared Draft Ordinance should Council decide to use it out of an abundance of caution, the City's history of using a resolution to revise the City's Sanitary Sewer Service Fee, providing the public two hearings instead of one, the rate increase would be effective October 1, 2022, how rate studies and increases are critical to keep pace with City's operations, City of Cape Canaveral, Florida City Council Regular Meeting • June 21, 2022 Minutes • Page 4 of 6 and desire to adopt by resolution. Council reached consensus to take action by Ordinance. City Attorney Garganese read the title of Draft Ordinance No. XX-2022 (attached) into the record, indicating an ordinance number would be assigned for second reading. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Raymond, to approve Draft Ordinance No. XX-2022, as written, at first reading. The Public Hearing was opened. Brad Pervell, resident, discussed the need to increase prices, and suggested charging short-term rental properties to offset rates for citizens. Shannon Roberts, resident, discussed concerns regarding cost of living and manageability of the Sewer Rate increases, and suggested the City consider alternative ways to obtain funding to offset the costs for residents. The Public Hearing was closed. Raftelis Financial Consultants, Inc. Manager Joe Williams discussed the Study, this type of increase will happen due to the City being built out, potential cost savings in the latter years, and how a number of utilities have adjustments connected to the Consumer Price Index. Discussion ensued and included comparisons with local/coastal cities, impracticality of annual studies, study cost of $18,000, chemical costs increasing, comparing data next year, how the non-proprietary study model can be adjusted, concern over passing things five years out, and desire to cut costs due to potential economic crises. Administrative/Financial Services Director DeLeo discussed the positive (HIGHLIGHTED-YELLOW) financial outlook for the City including low interest rate loans, less future debt and the Presidential Streets Project funding through the Community Redevelopment Agency budget along with matching funds from Brevard County. Discussion ensued and included the use of American Rescue Plan Act funds, the City's sewer usage structure connected to the City of Cocoa water usage and sewer, and support for using the Study to make adjustments annually. City Attorney Garganese discussed the procedural requirements for sewer rate change notices to be placed in the water bill. Administrative/Financial Services Director DeLeo discussed how, if Council chooses to do it annually, the analysis would be done each May prior to the Proposed Budget in June, and the City must notify the City of Cocoa of any changes sixty days prior. City Manager Morley suggested Council could make an amendment to the motion to add a provision to Ordinance XX-2022, at second reading, which allows for the annual review in the month of May each year for the next four years. Mayor Pro Tem Kellum agreed. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Raymond, to amend the main motion, to do a yearly review in May. The motion carried 5-0. Discussion ensued regarding the main motion on the floor. The main motion carried 3-2, with Mayor Morrison and Council Member Willis voting against. Mayor Morrison recessed the meeting at 8:30 p.m. The meeting reconvened at 8:41 p.m. ITEM FOR ACTION: 9. Review and approve March 30, 2022 Strategic Planning Retreat Minutes, Workshop Minutes and Draft Summary Report; authorizing/finalizing revisions to Mission, Vision and Values Statements and possible revisions/updates; adopt Report setting short, intermediate and long-term strategic goals beginning Fiscal Year 2022/23: City Manager Morley thanked Strategic Government Resources Consultant Doug Thomas for providing the Report. Mr. Thomas made a presentation to Council. City Manager Morley clarified how the Mission Statement has already been adopted as part of the City's Strategic Planning, but the final Report and the Vision Statement are what Council is considering. Discussion ensued and included accepting the Report, waiting to approve the Vision Statement, circulation of the Vision Statement for feedback from the community, the City's 60th Anniversary in 2022, and making modifications to the Vision Statement. Council reached consensus to bring the Vision Statement back to Council for consideration at the October 2022 Regular City Council Meeting. A motion was made by Council Member Willis, seconded by Council Member Raymond, to accept the draft Report. Shannon Roberts, resident, discussed concerns regarding the issue of safety missing in the Attachment 2 CITY OF CAPE CANAVERAL: WASTEWATER REVENUE SUFFICIENCY ANALYSIS amount for all customers per bill and would distort the Multi -Family comparison. Amounts shown for Single Family and Commercial are based on 5,000 gallons per month, whereas, the amount shown for Multi -Family is a flat rate per dwelling unit originally designed on usage slightly above 2,000 gallons per month per dwelling unit. $100.00 $90.00 $80.00 $70.00 $60.00 $50.00 $40.00 $30.00 $20.00 $10.00 $0.00 $58 $36 $72 Graph 5. Typical Monthly Bill $62 o $39 $77 $65 $41 $81 $69 $43 $85 $71 $44 $87 1 2022/23 2023/24 2024/25 2025/26 2026/27 Single Family @ 5K Gal Multi -Family Commercial @ 5 K Gal Financial results of the rate adjustments are presented in Table 7, as summarized from Schedule 4, indicating positive and increasing cash flows for the forecasted fiscal years. These increasing cash flows are important to help the Utility to continue to fund need capital improvement projects during and beyond the forecasted period. Additionally, the positive cash flows will allow the Utility to recover the Unrestricted Operating Reserve Funds that will be depleted over the next few years while implementing capital improvements Finally, the SRF annual debt service coverage requirements will be exceeded and give the ability for additional SRF or other debt issuances in the future should large project needs arise. Table 7. Operating Revenue Sufficiency Proposed Rates 2022/23 2023/24 2024/25 2025/26 2026/27 User Rates $4,728,700 $5,100,700 $5,418,100 $5,690,400 $5,837,500 Other Revenue 126,000 132,300 139,000 142,500 146,100 Total Revenue $4,854,700 $5,233,000 $5,557,100 $5,832,900 $5,983,600 O&M Expenses 3,186,400 3,339,200 3,492,600 3,685,700 3,807,000 Net Revenue $1,668,300 $1,893,800 $2,064,500 $2,147,200 $2,176,600 Debt Service 720,218 795,218 795,218 795,218 795,218 Non-Oper Exp 707,500 707,500 707,500 707,500 707,500 Surplus (Deficit) $240,582 $391,082 $561,782 $644,482 $673,882 SRF Loan Coverage Required 1.15 1.15 1.15 1.15 1.15 Achieved 2.32 2.38 2.60 2.70 2.74 Graph 6 illustrates the forecasted operating results based on the proposed future rate adjustments as tabulated in Table 7. CITY OF CAPE CANAVERAL: WASTEWATER REVENUE SUFFICIENCY ANALYSIS $2.0 $1.0 $0.0 -$2.0 -$3.0 -$4.0 Graph 3. Reserve Fund Balances Under Existing Rates 2021/22 2022/23 2023/24 2024/25 2025/26 Impact Fee (Expansion) Fund Unrestricted Operating Reserve Fund Desired Combined Minimum Balances Rate Adjustments for Revenue Sufficiency The operating revenue sufficiency previously illustrated in Graphs 2 and 3, and Table 5, reflected results without any changes to rates. The existing rates are not adequate to address total expenses incurred by the Utility. These shortfalls can be addressed through a series of rate adjustments as shown in Table 6, which are designed to phase -in increases to the extent possible. Table 6. Schedule of Multi -Year Rate Adjustments and User Rates 2022/23 2023/24 2024/25 2025/26 2026/27 Wastewater Adjustment 1 10.00% 7.50% 5.00% 5.00% 2.50% Customer Charge per Bill All Classes $2.50 $2.69 $2.83 $2.98 $3.06 Readiness to Serve Charge per ERU Single Family $21.07 $22.66 $23.80 $24.99 $25.62 Commercial $26.35 $28.33 $29.75 $31.24 $32.03 Public Buildings $21.07 $22.66 $23.80 $24.99 $25.62 Usage Rate per 1,000 gal. Single Family $6.88 $7.40 $7.77 $8.16 $8.37 Commercial $8.57 $9.22 $9.69 $10.18 $10.44 Public Buildings $6.88 $7.40 $7.77 $8.16 $8.37 Sewer Flat Rate Multi -Family $36.11 $38.82 $40.77 $42.81 $43.89 Reclaimed Water Adjustment 0.00% 0.00% 0.00% 0.00% 0.00% Flat Rate All Classes $8.12 $8.12 $8.12 $8.12 $8.12 1. Effective first full billing cycle on or after October 1, 2022 and each October 1st thereafter through 2026. Results of the rate adjustments on monthly bills for different customer classes are illustrated on Graph 5. Monthly bill amounts shown in Graph 5 do not include the Customer Charge per Bill as this is an equal CITY OF CAPE CANAVERAL P.O. Box 326 100 Polk: Avenue • Cape Canaveral, 32920-0326 (321) 868-1220 www.cityofcapecanaveral.org Attachment 3 April 26, 2023 Honorable Mayor & Council Members Subject: Wastewater Analysis Requested by Council This letter contains the results of the Wastewater Analysis (Analysis) requested by Council at the June 21, 2022 City Council Meeting. The Analysis was conducted to determine if the projected revenues/expenditures for FY 2023, were above or below the May 5, 2022 Wastewater Revenue Sufficiency Analysis conducted by Raftelis. The attached analysis shows the numbers projected in the Study for FY 2023/24, Current FY 2023 Estimates, Projected Revenues with the 7.5% increase as shown in the May 22, 2022 Study and the Change Rate which impacted the projected Surplus (deficit). The Study projected a $391,082 Surplus representative of a 7.5% increase for FY 2023/24. However, the Analysis revealed that the Surplus yielded only $181,662 Surplus. This was due to increase in salaries, debt service (SRF Loans 55/56/57), and operating services, If the City Council desires to achieve the projected Surplus of $391,082 the sewer increase would have to be increased an additional 3.9%, which would result in an overall increase in FY 2023/24 to 11.4%. Based on these findings, Staff recommends proceeding as set forth in the 2022 study, which provides for a 7.5% increase for FY 2023/24. Respectfully, (Signature) John DeLeo Administrative/Financial Services Director Attachment: Sufficiency Analysis Attachment Sufficiency Analysis USER RATES Study Utility Op Income Utility Penalty Income Sewer Assessment Fees FY 2023/24 Current Projected FY 2023/24 With 7.5% Estimates Increase $5,100,700 $4,559,236 $4,901,179 -$199,521 $70,000 $70,000 $75,250 $62,300 $92,000 $98,900 Change Rate $5,250 $6,900 Total Revenue $5,233,000 $4,721,236 $5,075,329 -$187,371 O&M $3,339,200 $3,248,917 $3,248,917 Net Revenue $1,893,800 $1,472,319 $1,826,412 Debt Service $795,218 $847,363 $847,363 non op exp $707,500 $796,387 $796,387 Surplus(deficit) $391,082- $171,431 $182,662 Maintain Study Surplus requires an 11.4% increase $5,092,324.67 $83, 528 $109, 779 -$187,371 $5,285,631 -$52,145 -$88, 887 $3,248,917 $2,036,714 $847,363. $796,387 $392,964 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MAY 16, 2023 AGENDA ITEM SUMMARY • ITEM # 11 Subject: Coyotes in Cape Canaveral Department: City Council Summary: Reports on deaths of local pets have increased due to the presence of coyotes. Discuss Council's and Staff's desire to pursue any options to humanely relocate coyotes with respect to their natural habitat and the FWC recommendations in managing coyotes. Submitting Council Member: Mayor Wes Morrison Attachment(s): None CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MAY 16, 2023 AGENDA ITEM SUMMARY • ITEM # 12 Subject: Volunteers in Cape Canaveral Department: City Council Summary: A discussion on launching and revitalizing a group of citizens who would like to volunteer for a variety of city needs such as but not limited to the following: • Community Clean Ups and Consistent Maintenance o Parks, beaches, crossovers, sidewalks, medians, streets, etc. • Community Events o Friday Fests, Christmas, Memorial Day, Veterans Day, Arbor Day and launches. • Storm Prep/Recovery o Help prepare and clean up debris before and after the storm. • Street/Beach Patrols o Report Concerns or Suspicious Activity to BCSO and or Fire • Admin Support o Data Acquisition/Entry and simple tasks that are not urgent. • Submitting Council Member: Mayor Wes Morrison Attachment(s): None ITEM # 13 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 (Inititals) FROM: John DeLeo, Administrative/Financial Services Director (Initital) DATE: April 19, 2023 RE: Monthly Financial Report — March 2023 Staff is pleased to present the Monthly Financial Report for the period ending March 31, 2023. At this point in the Fiscal Year, the Year to Date Actuals should be 50% of the total annual budget. Total General Fund Departmental costs are 7.8% below target. Administrative Services is running below target by 5.6%. Community Development/Code Enforcement/Economic Development is under target at 46.3%. Building Department is below target at 44.4%. Protective Services are over target by 6.1%. Fire Rescue is running below target by 6.1%. Parks Recreation/Community Affairs is 13.5% below target. Non -Departmental expenditures are below budgetary projections by 23%. The Community Redevelopment Agency (CRA) has incurred $1,322,040 of expenses for the current Fiscal Year. Wastewater Fund overall costs are under target at 24.1 %. The Stormwater Fund is under target cost at 41.1 %. The City's General Fund investments total $9,620,553.75; Special Revenue investments total $401,767.68; and Enterprise Fund investments total $811,062.26. The Grand total of all investments is $10,833,383.69. 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 March 31, 2023 Revenue Ad Valorem Tax To date, the City has received 92.4% of Ad Valorem revenue. The City saw the first Ad Valorem payment of FY22-23 in November, and should have seen the highest income in December. Local Option Gas Tax This amount represents actual for October January and an accrual for February and March. This revenue source is below target at 46.4%. Franchise Fees, Utility Service Taxes and Communications Service Tax This amount represents some actuals for October - March and some accruals for February and March. These are slightly below target at 49.4%. Permits and Licenses Permits and Licenses are below target at 39.3%. This will see greatest revenue in August/September when the BTR renewals are mailed out. State Shared Revenues These revenues are just below target at 47.9%. This amount represents some actuals for October - March, as well as some accruals for February and March. 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 - February and an accrual for March. These are above target at 56.3%. Recreation Fees (Leisure Services) Recreation Fees are below target at 40.5%. Investment Income Investment Income is above target at 525.9%. 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 - February and an accrual for March. It is slightly below target at 49.1%. Stormwater Utility Fees (Stormwater Fund) This amount represents actual collections for October - February and an accrual for March. It is on target at 50.3%. City of Cape Canaveral Statement of Revenues & Expenditures Period Ended March 31, 2023 GENERAL FUND REVENUE Cash Forward Cash Forward R&R Ad Valorem Taxes Local Option Gas Tax Franchise Fees Utility Taxes Communications Service Tax Permits & Licenses State Grants ARPA Revenue State Shared Revenue Local Shared Revenue Charges for Services Garbage & Recycling Revenue Recreation Fees Fines & Forfeitures Interest Income Fire Hydrant Rental Fee Miscellaneous Revenue PAL Program Revenue Transfer from School Guard Crossing Fund Transfer from CRA Fund Contribution from Wastewater Fund Contribution from Stormwater Fund Loan Proceeds TOTAL REVENUES EXPENDITURE Legislative Administrative Services Comm Dev/Code Enf/Econ Development Protective Services Fire / Rescue Services Building Infrastructure Maintenance Parks Recreation + Community Affairs Legal Services Solid Waste Debt Service Non -Departmental Contingency TOTAL EXPENDITURES FY 2022-2023 MAR 23 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL 2,222,000 898,500 5,512,589 361,000 949,066 1,302,226 422,000 693,450 75,000 3,937,000 1,098,700 127,601 30,818 1,270,215 300,300 12,600 32,700 85,637 40,750 12,000 2,050 814,947 720,656 19,566 250,000 0.0% 0.0% 5,093,009 92.4% 167,619 46.4% 469,049 49.4% 676,066 51.9% 198,289 47.0% 272,629 39.3% 0.0% 0.0% 526,046 47.9% 0.0% 14,278 46.3% 714,512 56.3% 121,652 40.5% 7,564 60.0% 171,979 525.9% 35,297 41.2% 44,280 108.7% 57,870 482.3% 0.0% 1,088,810 133.6% 360,328 50.0% 9,783 50.0% 0.0% 1,111,000 449,250 2,756,295 180,500 474,533 651,113 211,000 346,725 37,500 1,968,500 549,350 63,801 15,409 635,108 150,150 6,300 16,350 42,819 20,375 6,000 1,025 407,474 360,328 9,783 125,000 $ 21,191,371 $ 10,029,060 47.3% $ 10,595,686 98,573 540,548 868,177 3,501,187 3,008,064 449,605 1,682,911 1,657,649 309,293 1,271,215 1,420,737 6,080,875 302,537 53,119 240,257 402,023 1,963,360 1,320,348 199,657 489,098 605,371 91,205 560,137 1,379,952 1,638,908 53.9% 44.4% 46.3% 56.1% 43.9% 44.4% 29.1% 36.5% 29.5% 44.1% 97.1% 27.0% 0.0% 49,287 270,274 434,089 1,750,594 1,504,032 224,803 841,456 828,825 154,647 635,608 710,369 3,040,438 151,269 $ 21,191,371 $ 8,943,435 42.2% $ 10,595,686 Excess of Revenues Over/ (Under) Expenditures $ 1,085,625 Page 1 of 6 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended March 31, 2023 POLICE EDUCATION FUND FY 2022-2023 MAR 23 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Police Education Income 1,020 677 66.4% 510 Interest Income 75 99 132.0% 38 TOTAL REVENUES $ 1,095 $ 776 70.9% $ 548 EXPENDITURE Education & Training Contingency 1,095 0.0% 548 TOTAL EXPENDITURES $ 1,095 $ 0.0% $ 548 Excess of Revenues Over/ (Under) Expenditures $ 776 FIRE PROTECTION FUND FY 2022-2023 MAR 23 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward R&R - Interest Income 264 255 96.6% 132 TOTAL REVENUES $ 264 $ 255 96.6% $ 132 EXPENDITURE Contingency 264 0.0% 132 TOTAL EXPENDITURES $ 264 $ 0.0% $ 132 Excess of Revenues Over / (Under) Expenditures $ 255 Page 2 of 6 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended March 31, 2023 SCHOOL CROSSING GUARD FUND FY 2022-2023 MAR 23 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 1,200 0.0% 600 Parking Fine Surcharge 900 310 34.4% 450 TOTAL REVENUES $ 2,100 $ 310 14.8% $ 1,050 EXPENDITURE Transfer to General Fund 2,100 0.0% 1,050 Contingency 0.0% TOTAL EXPENDITURES $ 2,100 $ 0.0% $ 1,050 Excess of Revenues Over/ (Under) Expenditures $ 310 LIBRARY FUND FY 2022-2023 MAR 23 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Ad Valorem Taxes 70,193 64,905 92.5% 35,097 Ad Valorem Tax Delinquent 50 0.0% 25 Tax Penalty Income 60 17 28.3% 30 Interest Income 7,380 2,778 37.6% 3,690 Interest - Tax Collections 42 93 221.4% 21 TOTAL REVENUES 77,725 $ 67,793 87.2% $ 38,863 EXPENDITURE Operating Expenses 34,275 Capital Purchases 30,000 Contingency 13,450 24,538 15,122 71.6% 50.4% 0.0% 17,138 15,000 6,725 TOTAL EXPENDITURES 77,725 39,660 51.0% $ 38,863 Excess of Revenues Over / (Under) Expenditures $ 28,133 Page 3 of 6 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended March 31, 2023 CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY FY 2022-2023 MAR 23 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward Shared Revenue from Cape Canaveral 1,099,809 1,058,562 96.2% 549,905 Shared Revenue from Brevard County 1,099,809 1,058,562 96.2% 549,905 Interest Income 288 1,391 483.0% 144 Transfer from General Fund 250,000 121,000 48.4% 125,000 TOTAL REVENUES 2,449,906 2,239,515 91.4% $ 1,224,953 EXPENDITURE Operating Expenses Capital Purchases Debt Service Due to General Fund Contingency TOTAL EXPENDITURES 5,999 1,232,312 867,270 344,325 1,749 179,156 832,455 308,680 29.2% 14.5% 96.0% 0.0% 0.0% 3,000 616,156 433,635 172,163 2,449,906 1,322,040 54.0% $ 1,224,953 Excess of Revenues Over/ (Under) Expenditures $ 917,475 Page 4 of 6 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended March 31, 2023 IMPACT FEES FUND FY 2022-2023 MAR 23 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Impact Fees - Police 19,250 128 0.7% 9,625 Impact Fees - Fire/Rescue 3,376 74 2.2% 1,688 Impact Fees - Transportation 0.0% Impact Fees - Parks/Recreation 22,700 152 0.7% 11,350 Impact Fees - General Government 15,850 106 0.7% 7,925 Impact Fees - Aerial Fire Truck 9,520 0.0% 4,760 Impact Fees - Library 12,000 80 0.7% 6,000 TOTAL REVENUES 82,696 540 0.7% $ 41,348 EXPENDITURE Contingency TOTAL EXPENDITURES Excess of Revenues Over / (Under) Expenditures 82,696 0.0% 41,348 82,696 0.0% $ 41,348 $ 540 LAW ENFORCEMENT TRUST FUND FY 2022-2023 MAR 23 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 5,229 0.0% 2,615 Contraband Income 1,650 0.0% 825 Interest - State 45 14 31.1% 23 TOTAL REVENUES 6,924 14 0.2% $ 3,462 EXPENDITURE School Resource Officer TOTAL EXPENDITURES 6,924 0.0% 3,462 6,924 0.0% $ 3,462 Excess of Revenues Over / (Under) Expenditures $ 14 Page 5 of 6 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended March 31, 2023 WASTEWATER ENTERPRISE FUND REVENUE Cash Forward Utility Operating Income Utility Penalty Income Sewer Assessment Fees Reuse Hook -Up Fees Reclaimed Water Revenue Investment Income Sale of Fixed Assets Transfer from General Fund Transfer from CRA Fund SRF Loan Proceeds Miscellaneous Income TOTAL REVENUES FY 2022-2023 MAR 23 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL 644,500 4,667,300 70,000 84,000 2,925 91,650 2,520 2,000 2,500,000 52,324 1,320,000 2,000 2,293,948 26,575 1,349 45,962 4,079 36,281 52,324 667,097 4,000 0.0% 49.1% 38.0% 1.6% 0.0% 50.1% 161.9% 0.0% 1.5% 100.0% 50.5% 200.0% 322,250 2,333,650 35,000 42,000 1,463 45,825 1,260 1,000 1,250,000 26,162 660,000 1,000 9,439,219 3,131,615 33.2% $ 4,719,610 EXPENDITURE Personal Services 1,913,966 879,727 46.0% 956,983 Operating Expenses 1,597,455 523,309 32.8% 798,728 Debt Service 666,911 305,135 45.8% 333,456 Capital Purchases 4,464,500 373,061 8.4% 2,232,250 Contribution to General Fund 720,656 360,328 50.0% 360,328 Contingency 75,731 0.0% 37,866 TOTAL EXPENSES 9,439,219 2,441,560 25.9% $ 4,719,610 Excess of Revenues Over/ (Under) Expenses $ 690,055 STORMWATER ENTERPRISE FUND FY 2022-2023 MAR 23 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 626,500 0.0% 313,250 Stormwater Utility Fees 1,087,800 547,099 50.3% 543,900 Investment Income 1,380 2,529 183.3% 690 Transfer from General Fund 1,175,000 7,546 0.6% 587,500 TOTAL REVENUES $ 2,890,680 $ 557,174 19.3% $ 1,445,340 EXPENDITURE Personal Services Operating Expenses Capital Purchases Contribution to General Fund Contingency TOTAL EXPENSES 366,873 271,230 1,501,500 19,566 731,511 177,202 42,067 27,381 9,783 48.3% 15.5% 1.8% 50.0% 0.0% 183,437 135,615 750,750 9,783 365,756 2,890,680 256,433 8.9% $ 1,445,340 Excess of Revenues Over/ (Under) Expenses $ 300,741 Page 6 of 6 Florida State Treasury - Special Purpose Investment Account (SPIA) & FL SAFE As of March 31, 2023 Funds were invested with the State of Florida Division of Treasury, with a rate of return 1.41% Interest earned for the month: $ 32,187.88 General Fund Restricted (by outside party) Total Restricted $ Committed (Constrained by Council) Expansion Recreation Expansion Police A1A Replenishment Capital Equipment Renewal & Replacement Total Committed Assigned - General Fund Emergency Reserve Unassigned Total General Fund SPIA Investments: Florida Safe General Fund Emergency Reserve - 0.06% (average monthly) Florida Safe Note 2021 - 0.06% (average monthly) Florida Safe ARPA Reserve - 0.06% (average monthly) Total General Fund Florida Safe Investments: Total General Fund Investments: Special Revenue Funds Restricted (by outside party) Police Education Fund Aerial Fund School Crossing Guard Fund Library Fund Library Fund Restricted Law Enforcement Trust Fund Capital Expansion Funds: Fire Rescue Capital Expansion General Government Capital Expansion Total Restricted 44,772.28 33,897.13 24,000.00 841,860.22 $ 944,529.62 $ 1,495,349.01 $ 409,877.42 $ 2,849,756.04 1,287, 576.08 202,582.51 5,280,639.12 $ 6,770,797.71 $ 6,770,797.71 Total General Fund Investments $ 9,620,553.75 12,653.71 32,503.47 - 169,550.40 185,249.35 1,810.75 - $ 401,767.68 Total Special Revenue Fund SPIA Investments: $ 401,767.68 Enterprise Funds Wastewater Fund: Wastewater General - Unrestricted Wastewater Fund Renewal & Replacement Stormwater Fund: Stormwater Fund - Unrestricted Stormwater Fund Renewal & Replacement 451,359.30 $ 451,359.30 359,702.96 $ 359,702.96 Total Enterprise Fund SPIA Investments: 811,062.26 • TOTAL SPIA & FLSAFE INVESTMENTS $ 10,833,383.69 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MAY 16, 2023 AGENDA ITEM SUMMARY • ITEM # 14 Subject: ProChamps Update — receive Report and no action to be taken. Item is presented for informational purposes only and no action will be taken. Department: Community and Economic Development Summary: At its December 21, 2021 Special Meeting, the Council requested that Staff prepare additional updates on the implementation of the ProChamps vacation rental platform. The following is provided: Oct 2021 — Nov Dec Jan Feb Mar Apr Oct 2022 2022 2023 2023 2023 2023 TOTAL 2022 No. of Registered Properties 189 201 221 229 247 251 251 (Current) Remittance to City $71,050 $1,250 $10,050 $12,800 $5,100 $4,500 - $104,750 Total Vacation Rental BTRs 211 214 251 303 298 243 243 (Current) Courtesy Notices 3321 0 0 0 0 15 10 346 Sent NOV Issued 2 20 79 11 0 0 0 112 Number of Complaints 51 0 2 0 3 15 17 88 Hearings Scheduled 1 - 1 1 0 0 1 4 Magistrate Hearing: Case #23-013 Rental Restriction on Dwelling Units, was presented to the Magistrate. The Magistrate found the property in violation of the seven day minimum, no business tax receipt and not being registered with ProChamps. Submitting Department Director: David Dickey Attachment: n/a 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: Receive Report and no action to be taken. Approved by City Manager: Todd Morley CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MAY 16, 2023 AGENDA ITEM SUMMARY • ITEM # 15 Subject: Golf Cart Registration and Inspection - Informational Department: Communit and Economic Development Summary: At its March 21, 2023 Regular Meeting, City Council adopted Resolution No. 2023-03, which approved a local Golf Cart Network Map, authorized the purchase and installation of appropriate signage, and incorporated the approved Golf Cart Network Map into Chapter 74, Article IV of the City Code. Since that meeting, Staff has prepared for full implementation of the program, with a "go -live" date of June 1, 2023. To that end, Community and Economic Development Staff met with the Brevard County Sheriff's Office to discuss the process of registration and enforcement. It was determined that registration will be handled by Code Enforcement, and a Registration Packet has been prepared which will be available at City Hall and on the City website (Attachment 1). In summary, the registration process will proceed as follows: 1. Beginning June 1, 2023, the Golf Cart Registration Packet can be obtained at City Hall or on the City website. The packet must be completed in full and returned to City Hall with the appropriate payment. 2. Upon submittal, a sufficiency review will be conducted by staff and an inspection will be scheduled. Inspections will be conducted during regular business hours at City Hall. An inspection checklist, to be completed by a Code Officer at the time of the inspection, will be included in the registration packet. 3. Upon successful completion of the inspection, a registration decal will be issued, which must be conspicuously placed on the rear of the golf cart. The golf cart shall be deemed approved for use in accordance with City Ordinances. The decal will include the month and the year, as registration is required to be renewed annually during the appropriate month. Golf carts operating on City roadways shall be required to comply with restrictions outlined in Sec. 74-79 of City Code. These include hours of operation, maximum speed, compliance with traffic laws, etc. Violations shall be enforced by the Brevard County Sheriff's Office and shall constitute a non- criminal infraction. In order to inform the public on the details of the program including how to register, where golf carts can be driven, and what requirements must be met, Staff created a document with Frequently Asked Questions (FAQ's) (Attachment 2). These will be featured on a City webpage dedicated to golf cart information and will be updated as needed. In addition, a one -page promotional handout and a trifold containing details about the program will soon be available to the public. These materials will be used to conduct outreach at City events like Friday Fest, and will be given to program participants. Both the one -page handout and the trifold will contain a QR code that links to the City webpage. Submitting Department Director: David Dickey City of Cape Canaveral City Council Meeting • May 16, 2023 Agenda Item # 15 Page 2 of 2 Attachments: 1. Draft Registration Packet 2. Draft Frequently Asked Questions 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: Receive information and no action taken. Approved by City Manager: Todd Morley Attachment 1 REGISTRATION PACKET FOR THE OPERATION OF GOLF CARTS AND LOW -SPEED VEHICLES ON ROADS IN THE CITY OF CAPE CANAVERAL The City of Cape Canaveral (City) embraces the opportunity for its community members to enjoy a variety of transportation modes that do not require the use of automobiles. One such mode that continues to grow in popularity is the use of golf carts. The City Council has approved a program allowing the use of golf carts on selected municipal - owned streets (please see the attached boundary map for approved streets). We ask those interested in participating in the program to help it succeed by obeying all traffic laws, not allowing unauthorized individuals to operate your golf cart, respecting other motorists by traveling as far to the right on the roadway as is safely possible, and protecting pedestrians by not driving on sidewalks. REMEMBER — golf carts must yield to pedestrians and obey all traffic laws. When driving on streets, golf carts must not exceed the posted speed limit. Approved golf carts shall have a maximum attainable speed of 30 miles per hour. Within this registration packet you will find: a registration application, the City Ordinance regarding golf carts, an inspection checklist, and the golf cart network map. The Code Enforcement Division is responsible for the implementation of the golf cart program, which includes inspection, registration and — along with the Brevard County Sheriff's Office — enforcement, in accordance with City Ordinances and Florida Statutes. After a permit application has been submitted, an appointment will be scheduled to complete your initial golf cart inspection, after which you will receive a registration number and decal indicating the month and year of your next renewal. Subsequent annual reinspections will not require an application. However, a new Inspection Checklist will be processed for each annual inspection/renewal. The Process: 1. Pick up your Golf Cart Registration Packet at City Hall during normal business hours, or download the form online at: https://capecanaveral/government/city_departments/community_development/golf_cart info.php. This packet contains all the necessary forms and City Ordinances that participants must review and accept asappropriate. 2. Prior to scheduling an inspection, Staff will perform a sufficiency review to ensure that the registration packet is completely filled out, signed, and returned to City Hall with the appropriate payment. 3. Upon satisfactory review of the completed application, an inspection will be scheduled, and the applicant will be given a date and time for the inspection. Golf cart inspections are conducted during regular business hours. Efforts will be made to schedule the inspection to occur within the next 7-day period; however, unforeseen circumstances may delay inspections. Applicants will be provided with contact information should they need to reschedule the inspection. 4. The applicant is required to bring all necessary documents to the inspection. 5. At the agreed upon inspection date and time, a Code Officer will meet the applicant at City Hall and conduct the inspection. a. We ask that a single (1) person be present to facilitate the inspection process. b. All required materials should be in a file folder or envelope. 6. Upon successful completion of the inspection, an approved registration decal will be issued and the golf cart will be approved for use in accordance with City Ordinances. The applicant is responsible for placing the decal on the back driver's side of the golf cart in a conspicuous location easily visible to law enforcement. If you have any questions, please contact the Code Enforcement Division at 321-868-1220 ext. 115. CITY OF CAPE CANAVERAL GOLF CART REGISTRATION APPLICATION Date: Applicant Information: (Last) (First) (MI) Physical Address: City: State: Zip Code: Home Phone: Alternate Phone: Subdivision: E-Mail Address: Mailing Address (if different) Address: City: State: Zip Code: Golf Cart Information: Owner (if different from Applicant): (Last) (First) (MI) Address: Phone: Make: Model: Color: Serial Number: Insurance Company: Policy No.: Type: Gas / Electric (Circle One) Please provide completed inspection sheet and proof of insurance at the time of registration. For Office Use Only Registration Decal No: Application fee: $ Permit fee: $ Total Amount paid: $ Date: Receipt # Authorization: Please Read Carefully: I have received a copy of the City of Cape Canaveral Golf Cart Ordinance governing the operation of motorized golf carts. I understand and will abide by the City of Cape Canaveral ordinance and state laws pertaining to motorized golf carts. I have and will maintain liability insurance for the registered cart. I understand that as the registered cart owner, I accept both legal and civil responsibility for any actions committed during the operation and use of the cart and understand that I or the operator may be charged for any violations of said ordinance. I certify that the information contained herein is correct to the best of my knowledge. Owners Signature Date CITY OF CAPE CANAVERAL GOLF CART INSPECTION CHECKLIST (To be completed by Code Officer) (Please Print) Date of inspection: Name of Code Officer: Golf cart must pass all safety points below for registration decal to be issued. Efficient Brakes Reliable Steering Apparatus Safe Tires Rear View Mirror Red Reflection Warning Devices (Front & Rear) Headlights Brake Lights Turn Signals Horn (meeting the standards of F.S. 316.271) Pass Fail Explanation Code Officer's Signature: N ATLANTIC AV Cape Canaveral Golf Cart Road Network Map Banana River Legend Golf Carts Allowed 0 0.25 0.5 Miles CENTER ST OAK LN HARBOR DR CANAVERAL BEACH BLVD RIDGEWOOD AV W. CENTRAL BLVD E. CENTRAL BLVD CANAVERAL BLVD CAROLINE ST POINSETTA AV ORANGE AV MAGNOLIA AV WASHINGTON AV JEFFERSON AV MONROE AV HARRISON AV POLK AV FILLMORE AV BUCHANAN AV GRANT AV Atlantic Ocean A Source: City of Cape Canaveral CITY OF CAPE CANAVERAL CODE OF ORDINANCES REGARDING OPERATION OF GOLF CARTS AND LOW -SPEED VEHICLES Subpart A - GENERAL ORDINANCES Chapter 74 - TRAFFIC AND VEHICLES ARTICLE IV. OPERATION OF GOLF CARTS AND LOW -SPEED VEHICLES ON ROADS ARTICLE IV. OPERATION OF GOLF CARTS AND LOW -SPEED VEHICLES ON ROADS Sec. 74-76. Intent; definitions. (a) The city council recognizes that "golf carts" and "low -speed vehicles" are each distinctly defined and their operation on roads and streets are regulated differently under Florida law. Accordingly, pursuant to F.S. § 316.212, it is the intent of the city council to allow and authorize the operation of golf carts only under certain requirements and conditions provided the city council, by resolution, specifically designates a city road and street for use by golf carts. It is also the intent of this article to recognize that low -speed vehicles are allowed on city streets and roads as permitted by F.S. § 316.2122, unless otherwise prohibited by the city council, by resolution, upon a determination that such prohibition is necessary in the interest of safety. (b) For purposes of this article, the following words and phrases shall have the following ascribed meaning: (i) "Golf cart" shall be as defined in F.S. § 320.01(22), and means a motor vehicle that is designed and manufactured for operation on a golf course for sporting or recreational purposes and that is not capable of exceeding speeds of 20 miles per hour. (ii) "Designated roadways" means those roads identified by the city council, by resolution, as being safe for operation of golf carts considering factors including speed, volume, and character of motor vehicle traffic using said road in accordance with all requirements for operation set forth in this article. (iii) "Driver's license" means a valid license issued to operate a motor vehicle issued by the State of Florida or any other state. (iv) "Inspection" shall mean a safety evaluation of each registered golf cart for purposes of confirming that the golf cart meets the minimum requirements of this article performed by the by the city department or sheriff's office as designated by the city manager. (v) "Low -speed vehicle" means any four -wheeled vehicle whose top speed is greater than 20 miles per hour but not greater than 25 miles per hour, including, but not limited to, neighborhood electric vehicles. Low -speed vehicles must comply with the safety standards in 49 C.F.R. s. 571.500 and F.S. § 316.2122. For purposes of this article, "golf carts" as defined in F.S. § 320.01(22) or "speed modified golf carts" shall not be considered "low -speed vehicles" and shall be subject to the specific rules and regulations governing golf carts adopted under this article. ( Ord. No. 04-2022 , § 2, 8-16-22) Sec. 74-77. Use of golf carts on designated roadways. (a) It shall be unlawful for a person to operate a golf cart on any road or street within the City of Cape Canaveral jurisdictional limits except upon designated roadways expressly authorized by the city council. It shall also be unlawful to operate a golf cart in violation of any provision set forth in this article. (b) The city council may, by resolution, designate a city street or road suitable and safe for golf cart use after considering factors including speed, volume, and character of motor vehicle traffic using said street or road in accordance with all requirements for operation set forth in this article. Cape Canaveral, Florida, Code of Ordinances (Supp. No. 32, Update 1) Created: 2023-03-14 15:15:19 [EST] Page 1 of 5 (c) Upon designation by the city council, by resolution, golf carts may be operated on such designated roadway within the city limits of the City of Cape Canaveral where the roadway is posted by the city with appropriate signage to indicate that such operation is allowed. (d) Golf cart use may only be authorized on roadways with a posted speed limit of 30 miles per hour or less. Golf carts shall not be operated on any roadway where the designated speed limit is greater than 30 miles per hour. (e) Golf cart use shall not be allowed on any state or county roadway, except to cross at designated intersections approved by the state or county with jurisdiction over the roadway in accordance with applicable law for the purpose of immediately reaching the next designated roadway. If a crossing is designated on any state or county road or street, it shall be unlawful for a golf cart to cross the state or county road at any other location. (f) This article does not authorize the use of golf carts on private property. Golf carts shall not be operated on private property unless authorized by the property owner. (g) Golf carts shall not be operated on sidewalks, bicycle paths, swales, or trails. ( Ord. No. 04-2022 , § 2, 8-16-22) Sec. 74-78. Licensed use; revocable; claims prohibited and waived. (a) The operation of a golf cart on a roadway designated by the city or a low -speed vehicle on a road not prohibited by the city shall be deemed to be a license to use those roadways and such license shall be revocable by the city council in its legislative capacity based upon its consideration of the public health, safety and welfare of the public arising from such use. (b) The authorization to use golf carts on any designated roadway shall not limit or otherwise prohibit the city council from amending or repealing of this article or any resolution adopted in furtherance thereof; contracting or expanding the number of designated roadways on which golf carts can be operated; or designating the crossing points for state or county roads, as may be approved by the state or county. Further, the lack of a prohibition to use low -speed vehicles on roadways shall not prohibit the same by city council relative to low -speed vehicles. All persons operating golf carts or low -speed vehicles on city streets or roads, whether designated or prohibited roadways or not, do so on the condition that there shall be no claim for monetary loss or other claim for the loss of allowed golf cart or low -speed vehicle operation on such streets or roads or any monetary claim therefore based on a claim for action in reliance on the provisions of this article. The city council retains the unlimited legal authority to revoke, amend or to otherwise legislate as to the operation of golf carts or low -speed vehicles on streets without liability of any kind arising from its legislative decisions. (c) Any person operating a golf cart or low -speed vehicle enjoying a license hereunder for such purpose and all persons who are passengers in such golf cart or low -speed vehicle shall be deemed to have waived any claim against the city for its legislative decision to allow the operation of such golf carts on designated city streets or low -speed vehicles on streets in compliance with this article, and this article is declared by the city council to be a legislative act of the city pursuant to the authority granted by Florida Statutes. (d) Any person operating a golf cart or low -speed vehicle on any road or street within the City of Cape Canaveral does so at their own risk and must operate such a vehicle with due regard for the safety and convenience of other motor vehicles, bicyclist(s) and pedestrians. The city, in extending operating privileges to golf carts or low -speed vehicles, does so on the express condition that the operator undertakes such operation at their own risk and assumes sole responsibility for operating said vehicle, and shall be deemed to defend, release, indemnify and hold harmless the City of Cape Canaveral, its officials, attorneys and employees from any and (Supp. No. 32, Update 1) Created: 2023-03-14 15:15:19 [EST] Page 2 of 5 all claims, demands, damages, or causes of action, known or unknown, of any nature arising from such operation by any person against the City of Cape Canaveral and its officials, attorneys and employees. ( Ord. No. 04-2022 , § 2, 8-16-22) Sec. 74-79. Restrictions. Golf carts operating on designated roadways shall be subject to the following restrictions: (a) Hours of operation. Golf carts may be operated on designated roadways only during the hours between sunrise and sunset. However, the operation of golf carts on designated roadways between sunset and sunrise is allowed as long as the golf carts operating during this time are equipped with headlights, brake lights, turn signals, and a windshield in addition to the other equipment required under section 74-80. Such lights must be on when the golf cart is operating on streets and roads between sunset and sunrise. (b) Licensed driver. Golf carts operating on designated roadways must be operated by a person who is at least 16 years of age, and who possesses a valid driver's license. Persons who possess a valid learner's permit may operate a golf cart on designated roadways when accompanied by a licensed driver of at least 18 years of age. No person may operate a golf cart on city streets and roads who has a suspended driver's license or whose driver's license has been revoked. (c) Maximum speed. Golf carts operating on designated roadways shall not exceed 20 miles per hour. (d) Compliance with traffic laws. Golf carts shall be operated in accordance with all applicable local and state traffic regulations. Golf carts shall not be operated at such a slow speed as to impede, obstruct or block the normal or reasonable movement of traffic, except when reduced speed is necessary for safe operation or compliance with law. Golf carts shall stay to the far right of any designated roadway, and shall yield the right-of-way to overtaking drivers. (e) Parking. Golf carts shall comply with all applicable parking regulations in the same manner as any other motor vehicle. (f) Occupants. The number of occupants in a golf cart operated on designated roadways shall be limited to the number of seats on the golf cart provided by the golf cart manufacturer. No occupants of a golf cart shall stand at any time while the golf cart is in motion. (g) Alcohol. All state regulations governing the use and possession of alcoholic beverages while operating a motor vehicle shall apply to the operation of golf carts on designated roadways. ( Ord. No. 04-2022 , § 2, 8-16-22) Sec. 74-80. Required minimum equipment. All golf carts operated on designated roadways shall maintain the following minimum equipment in good working order: (a) Efficient brakes; (b) Reliable steering apparatus; (c) Safe tires; (d) Rearview mirrors; (e) Red reflectorized warning devices, both in the front and the rear; (Supp. No. 32, Update 1) Created: 2023-03-14 15:15:19 [EST] Page 3 of 5 (f) Headlights if operated between sunset and sunrise; (g) Brake lights if operated between sunset and sunrise; (h) Turn signal if operated between sunset and sunrise; and (i) Horn meeting the standards of F.S. § 316.271. ( Ord. No. 04-2022 , § 2, 8-16-22) Sec. 74-81. Inspection and registration of golf carts required. All golf carts operating on designated roadways in the City of Cape Canaveral shall be registered and inspected in a manner administratively determined by the city manager as follows: (a) Golf carts shall be registered by the owner of the golf cart on a form prescribed by the city. The owner shall pay an annual registration fee established by resolution of the city council, and shall be issued a registration decal which shall be affixed to the back driver's side of the golf cart in a location easily visible to law enforcement. Decals shall be issued annually, and are valid for one year. (b) Prior to issuance of a registration decal, golf cart owners shall be required to provide proof of ownership and liability insurance, a valid driver's license and sign an affidavit of compliance. The insurance and license must remain in full force and effect at all times the golf cart is operated on city streets or roads. (c) At the time of registration, the city shall inspect the golf cart to verify road worthiness and to ensure the required equipment is installed and working properly. (d) Lost or stolen registration decals are the responsibility of the golf cart owner. A police report shall be filed in the event of a lost or stolen decal. The police chief or the police chiefs designee shall have the discretion to determine whether a replacement decal may be issued. If no existing registration information is available, the police chief may direct the golf cart owner to reapply and to repay any required fees prior to a replacement decal being issued. (e) No registration is required for golf carts which are not operated on city streets or roads. ( Ord. No. 04-2022 , § 2, 8-16-22) Sec. 74-82. Insurance required. All golf cart owners are required to purchase and maintain liability insurance insuring against personal injury and property damage. Minimum required insurance shall be the same as for motor vehicles registered in the State of Florida for personal use and as designated by Florida Statutes. Proof of insurance must be presented at time of golf cart registration, and must be possessed at all times by the golf cart operator while operating the golf cart on designated roadways. ( Ord. No. 04-2022 , § 2, 8-16-22) Sec. 74-83. Low -speed vehicles. (a) Authorization to operate low -speed vehicles. Low -speed vehicles may be operated within the city limits where the posted speed limit is 35 miles per hour or less. Pursuant to F.S. § 316.2122(1), this does not prohibit a low -speed vehicle from crossing a road or street at an intersection where the road or street has a posted speed limit of more than 35 miles per hour. However, the city council may in its legislative discretion, (Supp. No. 32, Update 1) Created: 2023-03-14 15:15:19 [EST] Page 4 of 5 by resolution, prohibit the operation of low -speed vehicles on any city street or road under its jurisdiction if the city council determines that such prohibition is necessary in the interest of safety. (b) Equipment and minimum standards. According to the requirements set forth in F.S. § 316.2122, a low -speed vehicle must be equipped with headlamps, stop lamps, turn signal lamps, tail lamps, reflex reflectors, parking brakes, rearview mirrors, windshields, seat belts and vehicle identification numbers. A low -speed vehicle must be registered and insured in accordance with F.S. § 320.02. Any person operating a low -speed vehicle must have in his or her possession a valid driver's license. (c) Hours of operation. Low -speed vehicles may be operated at any time. (d) Compliance with traffic laws. Low -speed vehicles shall comply with all local and state traffic laws, and may be ticketed for traffic violations in the same manner as motor vehicles. ( Ord. No. 04-2022 , § 2, 8-16-22) Sec. 74-84. Enforcement. A violation of this article shall constitute a non -criminal infraction enforceable pursuant to the provisions of F.S. § 316.212(9), and city ordinances by a law enforcement officer or city code enforcement officer as such officer's legal authority and jurisdiction allows. In addition, other avenues for the enforcement of violations of this article may be enforced by city code enforcement officers as a code violation pursuant to chapter 2, Article VI, Code Enforcement of the City Code. The Uniform Traffic Citations shall only be used for violations that are also violations of the Florida Uniform Traffic Control Law. ( Ord. No. 04-2022 , § 2, 8-16-22) (Supp. No. 32, Update 1) Created: 2023-03-14 15:15:19 [EST] Page 5 of 5 Attachment 2 Golf Carts - Frequently Asked Questions City of Cape Canaveral Are all golf carts required to be registered? If your golf cart/low speed vehicle is currently registered with the DMV, it is not required to be registered with the City. Where can I apply for my golf cart registration permit and decal? Golf cart registration permits may be obtained from the Cape Canaveral City Hall or on the City's website. City Hall is located at 100 Polk Ave. Owners can apply for golf cart permits between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. Once an application for a permit has been submitted, an appointment to have your golf cart inspected can be scheduled. Who is legally allowed to drive a golf cart in the City of Cape Canaveral? Only licensed drivers at least 16 years of age may drive a golf cart in the City of Cape Canaveral. Where can I drive my golf cart? Authorized roadways are designated with golf cart signs. A map outlining the authorized roadways is provided in your registration packet. How much does the registration cost? The cost of an initial registration is $150.00, with an annual registration fee of $100.00. Will my golf cart need to be inspected annually? Yes, subsequent annual inspections will not require an application. However, a new Inspection Checklist will be processed for each annual inspection/renewal. What safety features does my golf cart need to be equipped with? All golf carts must be equipped with the following minimum safety equipment to be eligible for a registration permit: (a) Efficient brakes (b) Reliable steering apparatus (c) Safe tires (d) Rear-view mirrors (e) Red reflectorized warning devices, both in the front and the rear (f) Headlights if operated between sunset and sunrise (g) Brake lights if operated between sunset and sunrise (h) Turn signal if operated between sunset and sunrise (i) Horn meeting the standards of F.S. § 316.271 Is it legal to drink alcohol while driving my golf cart? No. All state regulations governing the use and possession of alcoholic beverages while operating a motor vehicle shall apply to the operation of golf carts on designated roadways. Can golf carts be driven on the beach? No. Golf carts are only allowed on designated roadways. Am I required to have insurance on my golf cart? Yes. All golf cart owners are required to purchase and maintain liability insurance insuring against personal injury and property damage.