Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
cocc_council_mtg_packet_20230920
CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA Wednesday, September 20, 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 declaring the week of September 25 — 29, 2023 as "National Clean Energy Week" in the City of Cape Canaveral to Florida Solar Energy Center representatives Dr. James Fenton and Elizabeth Myron. Presentation by Jayne Johnston with the Florida Fish and Wildlife Conservation Commission promoting coyote awareness and education. Presentation of Florida League of Cities University Gold Certificates of Excellence to Mayor Pro Tem Angela Raymond and Council Member Don Willis. 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. BUDGETARY ITEMS I 6:35 p.m. — 6:55 p.m. 1. a. Resolution No. 2023-22; adopting a Final Millage rate for the levy of Ad Valorem Taxes for Fiscal Year 2023/2024 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida; providing for an effective date. b. Ordinance No. 09-2023; adopting the Annual General Fund, Wastewater Enterprise Fund, Stormwater Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds, Capital Project Funds and Agency Fund Budgets for the Fiscal Year beginning October 1, 2023, and ending September 30, 2024; providing for an effective date, second reading. City of Cape Canaveral, Florida City Council Regular Meeting • Wednesday, September 20, 2023 Agenda • Page 2 of 3 CONSENT AGENDA I 6:55 p.m. — 7:00 p.m. 2. Approve Minutes for the August 8, 2023 Budget Workshop, August 15, 2023 Regular, August 23, 2023 Budget Workshop and September 6, 2023 Special Meetings. 3. Resolution No. 2023-18; authorizing an addendum to the Agreement for Municipal Law Enforcement Services between the City of Cape Canaveral, Florida and Wayne Ivey, as Sheriff of Brevard County; providing for the repeal of prior, inconsistent resolutions, severability and an effective date. 4. Resolution No. 2023-19; authorizing an addendum to the Contract for Fire Protection and Emergency Medical Services between the City of Cape Canaveral, Florida and the Cape Canaveral Volunteer Fire Department, Inc.; providing for the repeal of prior inconsistent resolutions, severability and an effective date. 5. Resolution No. 2023-20; reappointing members to the Culture and Leisure Services Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Mary Mosquera and Betsy Ronk) 6. Resolution No. 2023-23; adopting a Development Order approving an Application filed by Michael and Collette DiChristopher, Husband and Wife, for a proposed Modified Lot Split Plan and three associated variances under Chapter 98 of the City Code related to a portion of Lot 21, Block 9, Cape Canaveral Beach Gardens Unit No. 2, according to the Map or Plat thereof, as recorded in Plat Book 17, Page(s) 81 and 82, of the Public Records of Brevard County, Florida; providing for an effective date. 7. Approve proposed task order from Kimley-Horn and Associates, Inc. in the amount of $58,450 for providing transportation engineering services for Oak Lane Road Improvements including additional engineering design, bidding services and construction management. 8. Approve the Sixteenth Addendum to Professional Services Agreement for Fertilization, Insect, Disease, Weed Control and Pest Control Services in the amount of $64,448.47 with Black's Spray Service, Inc. and authorize the City Manager to execute same. 9. Approve the Fourth Addendum to Professional Services Agreement for Mowing and Landscaping Services in the amount of $289,125.32 with U.S. Lawns of Brevard (dba Micnor Corporation) and authorize City Manager to execute same. 10. Approve proposal from Playmore West, Inc. in the amount of $82,622.01 for the purchase and installation of new playground equipment/surfacing at Patriots Park, as funded by Florida Recreation Development Assistance Program (FRDAP) Grant #A3045, contingent on State approval and authorize the City Manager to execute same. ITEMS FOR ACTION I 7:00 p.m. — 7:30 p.m. 11. Resolution No. 2023-21; establishing rates and charges and other terms and conditions for public EV charging stations operated by the City on City owned or controlled property; providing for the repeal of prior inconsistent resolutions, severability and an effective date. City of Cape Canaveral, Florida City Council Regular Meeting • Wednesday, September 20, 2023 Agenda • Page 3 of 3 12. Authorize removal of three (3) Specimen Live Oak trees (Trees 1-3) at 115 Jefferson Avenue, with the required mitigation completed prior to the issuance of a Certificate of Occupancy for the proposed duplex, and that mitigation is calculated at a ratio of one-to- one which can be in the form of a contribution to the City's Tree Bank and/or planting of replacement trees. 13. Review submittals provided by potential Legislative Representative candidates and provide further direction to the City Manager. ITEMS FOR DISCUSSION I 7:30 p.m. — 8:10 p.m. 14. Request that City Council direct Staff to research and pursue an agreement with Brevard County to allocate some or all existing Transportation Impact fees toward furthering the City's transportation safety improvement goals. (Submitted by Council Member Willis) 15. Request that City Council reaffirm Resolution No. 2023-02 (modifying and updating the City's list of State Road A1A priorities), and provide direction to Staff to advocate for the advancement of the two new signalized pedestrian crosswalks at State Road (SR) A1A & Taylor Ave and SR A1A & Hayes Ave., to include the pursuit of any and all available funding options to accomplish their completion in the shortest term possible. (Submitted by Council Member Willis) 16. Opening the Community center on Sundays (Submitted by Council Member Kellum) 17. Resolution No. 2022-28, Rules of Procedure and Code of Conduct regarding City Council meetings. (Submitted by Council Member Davis) REPORTS I 8:10 p.m. — 8:20 p.m. INFORMATIONAL I Item presented for informational purposes only; no action to be taken. 18. Monthly Financial Report —July 2023. 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 • WEDNESDAY, SEPTEMBER 20, 2023 AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS Subject: Presentation of Proclamation declaring the week of September 25 — 29, 2023 as "National Clean Energy Week" in the City of Cape Canaveral to Florida Solar Energy Center representatives Dr. James Fenton and Elizabeth Myron. Department: Legislative Summary: National Clean Energy Week (NCEW) is dedicated to bringing together business leaders, advocates, elected officials, and policymakers from all perspectives in support of advancing clean energy across the United States. Supported by the Florida Race to Zero initiative, which the City of Cape Canaveral (City) officially joined at the July 20, 2021 Regular City Council Meeting, NCEW allows for the promotion and awareness of clean energy, which can help create numerous jobs, expand the economy, strengthen America's national security, and preserve our environment. By harnessing the power of the free market and government collaboration, clean energy can help to achieve a more sustainable and resilient future for all those living now, and for generations to come. The City's 2021 Resiliency Action Plan also calls for the promotion, buildout, and adoption of clean energy to power the entirety of the community and all City -owned and operated buildings and facilities by 2050. The City has now completed and energized two largescale rooftop solar arrays atop the City of Cape Canaveral Community Center and the CAPE Center that are actively lowering utility bills and emissions. Present this evening to accept the Proclamation are Florida Solar Energy Center representatives Dr. James Fenton and Elizabeth Myron. 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 Official Proclamation City Of Cape Canaveral, Florida WHEREAS, the City of Cape Canaveral's unique natural resources are the foundation of our community; and WHEREAS, the City of Cape Canaveral is committed to the preservation of our local ecosystem services and is implementing common sense solutions to address energy security, promote economic growth, and enhance operational resiliency; and WHEREAS, clean energy, including generation from renewable methods such as wind, solar, geothermal, tidal and hydro sources — as well as energy storage — is powering more homes and businesses in the City of Cape Canaveral, Brevard County, and across Florida than ever before and is a crucial part of our clean energy future; and WHEREAS, growing our clean energy workforce will help expand employment and economic opportunities throughout our state for years to come; and WHEREAS, the City of Cape Canaveral's 2021 Resiliency Action Plan calls for the promotion, buildout, and adoption of clean energy to power the entirety of the community and all City -owned and operated buildings and facilities by 2050; and WHEREAS, the City of Cape Canaveral has now completed and energized two largescale rooftop solar arrays atop the City of Cape Canaveral Community Center and the CAPE Center that are actively lowering utility bills and emissions; and WHEREAS, we must harness the power of City of Cape Canaveral entrepreneurs and small businesses, ensure government collaboration to assert American energy leadership and dominance in the global marketplace, and provide access to low-cost, low -emissions resilient energy here at home; NOW, THEREFORE, 1, Wes Morrison, Mayor of the City of Cape Canaveral, Brevard County, Florida, do hereby proclaim September 25-29, 2023, to be: NATIONAL CLEAN ENERGY WEEK in the City of Cape Canaveral, and I encourage all businesses and individuals to implement the cleanest, lowest emitting, cost-effective energy technologies available. Signed and Sealed this Day of , Mayor CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • WEDNESDAY, SEPTEMBER 20, 2023 AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS Subject: Presentation by Jayne Johnston with the Florida Fish and Wildlife Conservation Commission promoting coyote awareness and education. Department: Community and Economic Development — Resilience Division Summary: Sightings and incidents involving coyotes are a common occurrence within the limits of the City of Cape Canaveral (City), and across Florida; they are present in all of the lower 48 states. Habitat loss and reliable sources of food have caused coyotes to be present in even highly urbanized areas; this is leading to more encounters between animals and people, with the majority of incidents occurring between dusk and dawn. It is extremely rare that coyotes are aggressive towards humans; however, coyotes have been known to prey upon pets. In the past, trap and removal efforts have been shown to be ineffective at reducing coyote populations in urban areas; with some removal efforts even being reported to have caused an increase in local populations. Understanding of best management practices regarding behavior, habitat, and safety is deemed to be the most effective tool at facilitating cohabitation between coyotes and humans. City Staff members are actively working alongside the Florida Fish and Wildlife Conservation Commission (FWC) — whose mission is managing fish and wildlife resources for the long-term wellbeing of people and the environment — to increase educational awareness about coyotes. In addition to tonight's short presentation, Ms. Johnston will be making a presentation at a Public Workshop at Cape Canaveral City Hall on Thursday, September 21 from 6:00 pm to 7:30 pm to facilitate further resident outreach, as well as producing and distributing an educational video. To report a coyote sighting, please call the FWC at 1-800-265-3676. Submitting Department Director: David Dickey Attachment: Florida Fish and Wildlife Conservation Commission Coyote Awareness 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 presentation. Approved by City Manager: Todd Morley Coyotes (Canis /atrans) in Florida Photo courtesy of Robert Steagall - Sanibel Island Jayne Johnston Senior Wildlife Assistance Biologist Florida Fish and Wildlife Conservation Commission Coyote reports in Florida 7/1/2020 — 8/25/2023 Top 10 Nature of Incident Statewide Coyote Reports • In Area • In Yard • Sick/Injured • Killed Animal • Sighting/Identification/Observation • Dead • Missing Pet(s) • Threatened Animal • Injured Animal • Regulations Questions • Other Statewide Coyote Reports 7/1/2020 - 8/17/2023 Montgomery Columbus Albany Dothan Valdosta • Statewide Coyote Reports 0 37.5 75 150 Miles °Savannah Esri, CGIAR, USGS FDEP, Esri, HERE, Garmin, FAO, NOAA, USGS, EPA, NPS Coyote reports in Brevard County 7/1/2020 — 8/25/2023 Top 10 Nature of Incident Brevard County Coyotes • In Area • Sick/Injured • In Yard • Killed Animal • Dead • Missing Pet(s) • Sighting/Identification/Observation • Regulations Questions • Threatened Animal • In Trap/Trapped/Captured • Other Brevard County Coyote Reports 7/1/2020-8/17/2023 Titusville Rockledge Cape Canaveral Cocoa Beach Melbourne Palm Bay _ County Boundary . Coyote Reports 0 3.5 7 14 Miles Esri, CGIAR, USGS, FDEP, Esri, HERE, Garmin, SafeGraph, FAQ, METI/NASA, USGS, EPA, NPS Coyote reports in Cape Canaveral 7/1/2020 — 8/25/2023 Nature of Incident Cape Canaveral Coyotes • In Area • Killed Animal • In Yard • Missing Pet(s) • Sighting/Identification/Observation • Species Information Cape Canaveral Coyote Reports 7/1/2020- 8/17/2023 O Coyote Reports 0 0.25 0.5 1 Miles • Cape Canaveral Cocoa Beach • Banana River Blvd N Esri, NASA, NGA, USGS, FEMA, FDEP, Esri, HERE, Garmin, SafeGraph, Geo Technologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA Photo courtesy of Carolyn Beisner-Lake Worth Lagoon COYOTE YARD AUDIT CHECKLIST We encourage you to take steps to eliminate attractants on your property in order to minimize conflicts with coyotes. We also urge you to share this information with friends and neighbors because minimizing conflicts is most effective when the entire neighborhood works together. Thls checklist is adapted from a similar document developed by the Humane Society of the United States. If you would Iike assistance completing this checklist, or have any questions, email wildlife@coab.us or call (904) 247-5859. OK FIX Ways to Mitigate FOOD Never hand-feed or intentionally feed a coyote! Pet Food Never feed pets outdoors; store all pet food securely indoors. Bird Feeders Remove bird feeders or clean fallen seed to reduce the presence of small mammals that coyotes prefer to eat. Fallen Fruit Clean up fallen fruit around trees. Compost Do not include meat or dairy among compost contents unless fully enclosed. BBQ Grills Clean up food around barbeque grills after each use. Trash Secure all trash containers with locking lids and place curbside the morning of trash pick-up. Periodically clean cans to reduce residual odors. WATER: Remove water attractants. SHELTER: Limit hiding or denning sites. Landscaping Trim vegetation to reduce hiding places and potential den sites. Structures/Outbuildings Restrict access under decks and sheds, around woodpiles, or any other structure than can provide cover or denning sites for coyotes or their prey. FENCING: Enclose property with a 6 ft. fence with an additional extension or roller-top to deter coyotes. Ensure that there are no gaps and that the bottom of the fence extends underground 6 inches or is fitted with a mesh apron to deter coyotes from digging underneath. PETS Never leave pets unattended outside. Never allow pets to "play" with coyotes. Fully enclose outdoor pet kennels. Walk pets on a leash no longer than 6 feet in length. Coyotes in Florida Coyotes live in urban, suburban and rural areas throughout Florida. Follow these tips to avoid conflicts. FEEDING COYOTES is ILLEGAL. THEY WILL LOSE THESE FEAR OF HUMANS. SECURE GARBAGE CANS CLEAN UP PET FOOD and FALLEN FRUIT. SECURE LIVESTOCK in PREDATOR. RESISTANT Enclosures. KEEP PETS IN ENCLOSED AREAS. WALK DOGS ON A SHORT LEASH. Coyotes are an important part of the landscape in Florida. They help maintain healthy ecosystems by managing populations of rodents, insects, and other small animals. By preventing conflicts, we can better coexist with coyotes and other wildlife. Average Florida COYOTE WEIGHS 29 lbs. Tips to Avoid Conflicts With Coyotes in Florida Secure TRASH and clean up FALLEN FRUIT and PET FOOD. MORE INFO Coyotes in Florida TIPS TO AVOID CONFLICTS KEEP PETS IN ENCLOSED AREAS. WALK DOGS ON A SHORT LEASH. MORE INFO FWC's Approach to Coyote Conflicts • Local Engagement • Workshops • Printed materials • Disposable signs • Training - Residents • Hazing • Attractant Identification • Yard Audits • Equipment Loans • Trail Cameras • Hazing Devices • Assist municipalities developing their own Coyote Management Plans COYOTE PUBLIC OUTREACH SESSION Thursday, September 21st at 6:OOPM Cape Canaveral City Hall 100 Polk Ave Cape Canaveral, FL 32920 Photo courtesy of the FWC Who do you call about coyotes? FWC NE Regional Office (352) 732-1225 Wildlife Alert Hotline (888 404-3922 MyFWC.com — Contact - AskFWC Visit myfwc.com/coyotes ■ Photo courtesy of Reinier Munguia - Lakeland CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • WEDNESDAY, SEPTEMBER 20, 2023 AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS Subject: Presentation of Florida League of Cities University Gold Certificates of Excellence to Mayor Pro Tem Angela Raymond and Council Member Don Willis. Department: Legislative Summary: The Florida League of Cities (FLC) is the united voice for Florida's municipal governments. Its goals are to promote local self-government and serve the needs of Florida's municipal governments. Growing from a small number of cities and towns, it now represents more than 400 cities, towns and villages. One of FLC's many missions is to provide education for municipal elected officials, and offers a litany of webinars, orientation sessions, Institute for Elected Municipal Officials courses, State -mandated ethics training and annual conferences and legislative events. For the years of 2022/2023, FLC, through its FLC University, launched a certification program, where elected officials can earn points for participating in training sessions and other educational opportunities offered. In this inaugural year of FLC's certification program, the City of Cape Canaveral is proud to acknowledge that both Mayor Pro Tem Angela Raymond and Council Member Don Willis have each achieved Level Three Gold Certificates of Excellence, the highest level of certification through the program at this time. Per Jolien Caraballo, 2022-2023 FLC President and Vice Mayor for the City of Port St. Lucie, "This achievement is a testament to Florida's municipal elected officials' commitment to the cities and residents they serve. On behalf of the Florida League of Cities, I applaud these hardworking elected officials for taking the time out of their busy days to participate in these valuable programs." Attached are the letters, press releases, and certificates related to Mayor Pro Tem Raymond and Council Member Willis having achieved these Certificates of Excellence, which will be presented to them at tonight's Meeting. Submitted by: Mayor Wes Morrison Attachments: 1. FLC Letter, Press Release and Gold Certificate of Excellence for Mayor Pro Tem Angela Raymond. 2. FLC Letter, Press Release and Gold Certificate of Excellence for Council Member Don Willis. Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following actions: Present FLC Gold Certificates of Excellence to Mayor Pro Tem Raymond and Council Member Willis. Approved by City Manager: Todd Morley Attachment 1 . FLC FLORIDA LEAGUE OF CITIES August 9, 2023 Mayor Pro Tem Angela Raymond PO Box 326 Cape Canaveral FL, 32920-0326 Dear Mayor Pro Tem Angela Raymond: Congratulations on achieving a GOLD FLC University Certificate for Elected Municipal Officials this year! We know the hard work and dedication required to achieve this certificate, and the League greatly appreciates your participation in the inaugural year of the program. We have had a strong response since the program launched and look forward to even more officials participating in the coming years. Your points were tabulated from August 2022 to August 2023. The flyer enclosed with your packet has information about each tier, how to accumulate points, and when FLC University will give you a mid -year status update. We hope you are already planning next year's activities to move up or maintain your status! If you have any questions regarding the Certificate Program for Elected Municipal Officials, please contact FLC University's Christen Barton at 407.367.3443 or cbarton@flcities.com Again, congratulations and thank you for supporting FLC University's educational programs! Sincerely, (Signature) Jolien Caraballo President Florida League of Cities, Inc. Vice Mayor, City of Port St. Lucie LOCAL VOICES MAKING LOCAL CHOICES O301 S. Bronough St., Suite 300 Phone: 850.222.9684 Tallahassee, FL 32301-1722 Fax: 850.222.3806 P.O. Box 1757 Tallahassee, FL 32302-1757 flcities.com FLC UNIVERSITY 301 S. Bronough St., Suite 300 • Post Office Box 1757 • Tallahassee, FL 32302-1757 850.222.9684 • Fax: 850.222.3806 • Website: flcities.com Cape Canaveral Mayor Pro Tem Receives Gold Certificate of Excellence from Florida League of Cities University Angela Raymond earns recognition from Certificate Program for Elected Municipal Officials FOR IMMEDIATE RELEASE: August 9 th, 2023 CONTACT: Mayor Pro Tem Angela Raymond a.raymond@cityofcapecanaveral.org Cape Canaveral, FL — The City of Cape Canaveral today announced that Mayor Pro Tem Angela Raymond recently received the Gold Certificate of Excellence from the Certificate Program for Elected Municipal Officials hosted by the Florida League of Cities (FLC) University. FLC University is the League's one -stop shop for municipal training needs. The new certificate achievement program rewards municipal officials for their commitment and dedication to training and continuing education. FLC University launched the certificate program to recognize elected officials who participate in the League's many training opportunities. The program offers three certificate levels: • Level One: Bronze Certificate of Merit • Level Two: Silver Certificate of Leadership • Level Three: Gold Certificate of Excellence. "FLC University offers a variety of in -person and virtual educational opportunities to help municipal officials learn about the latest issues, trends and best practices," said Jolien Caraballo, 2022-2023 FLC President and Vice Mayor for the City of Port St. Lucie. "This achievement is a testament to Florida's municipal elected officials' commitment to the cities and residents they serve. On behalf of the Florida League of Cities, I applaud these hardworking elected officials for taking the time out of their busy days to participate in these valuable programs." The Mayor Pro Tem completed the certificate program in its inaugural year, which ran for one year from August 2022 to July 2023. Officials earned points for participating in training events offered by FLC University, including monthly webinars, online orientation, the Institute for Elected Municipal Officials (IEMO I and II), the State -Mandated Continuing Education in Ethics, and the League's Annual Conference and legislative events. Certificate recipients at all levels will be featured by the League's award -winning magazine, Quality Cities (QC), and at the FLC Annual Conference. For more information on the Certificate Program for Elected Municipal Officials, visit flcities.com/certificate. ### Founded in 1922, the Florida League of Cities is the united voice for Florida's municipal governments. Its goals are to promote local self-government and serve the needs of Florida's cities, which are formed and governed by their citizens. The League believes in "Local Voices Making Local Choices," which focuses on the impact citizens and city leaders have in improving Florida's communities. For more information, visit flcities.com. Certificate Program for Elected Municipal Officials Gold Certificate of Excellence Angela Raymond Mayor Pro Tem City of Cape Canaveral FLC UNIVERSITY Attachment 2 FLC FLORIDA LEAGUE OF CITIES August 9, 2023 Councilmember Don Willis PO Box 326 Cape Canaveral FL, 32920-0326 Dear Councilmember Don Willis: Congratulations on achieving a GOLD FLC University Certificate for Elected Municipal Officials this year! We know the hard work and dedication required to achieve this certificate, and the League greatly appreciates your participation in the inaugural year of the program. We have had a strong response since the program launched and look forward to even more officials participating in the coming years. Your points were tabulated from August 2022 to August 2023. The flyer enclosed with your packet has information about each tier, how to accumulate points, and when FLC University will give you a mid -year status update. We hope you are already planning next year's activities to move up or maintain your status! If you have any questions regarding the Certificate Program for Elected Municipal Officials, please contact FLC University's Christen Barton at 407.367.3443 or cbarton@flcities.com Again, congratulations and thank you for supporting FLC University's educational programs! Sincerely, (Signature) Jolien Caraballo President Florida League of Cities, Inc. Vice Mayor, City of Port St. Lucie LOCAL VOICES MAKING LOCAL CHOICES 301 S. Bronough St., Suite 300 O Phone: 850.222.9684 Tallahassee, FL 32301-1722 Fax: 850.222.3806 P.O. Box 1757 Tallahassee, FL 32302-1757 flcities.com FLC UNIVERSITY 301 S. Bronough St., Suite 300 • Post Office Box 1757 • Tallahassee, FL 32302-1757 850.222.9684 • Fax: 850.222.3806 • Website: flcities.com Cape Canaveral Councilmember Receives Gold Certificate of Excellence from Florida League of Cities University Don Willis earns recognition from Certificate Program for Elected Municipal Officials FOR IMMEDIATE RELEASE: August 9th, 2023 CONTACT: Councilmember Don Willis d.willis@cityofcapecanaveral.org Cape Canaveral, FL — The City of Cape Canaveral today announced that Councilmember Don Willis recently received the Gold Certificate of Excellence from the Certificate Program for Elected Municipal Officials hosted by the Florida League of Cities (FLC) University. FLC University is the League's one -stop shop for municipal training needs. The new certificate achievement program rewards municipal officials for their commitment and dedication to training and continuing education. FLC University launched the certificate program to recognize elected officials who participate in the League's many training opportunities. The program offers three certificate levels: • Level One: Bronze Certificate of Merit • Level Two: Silver Certificate of Leadership • Level Three: Gold Certificate of Excellence. "FLC University offers a variety of in -person and virtual educational opportunities to help municipal officials learn about the latest issues, trends and best practices," said Jolien Caraballo, 2022-2023 FLC President and Vice Mayor for the City of Port St. Lucie. "This achievement is a testament to Florida's municipal elected officials' commitment to the cities and residents they serve. On behalf of the Florida League of Cities, I applaud these hardworking elected officials for taking the time out of their busy days to participate in these valuable programs." The Councilmember completed the certificate program in its inaugural year, which ran for one year from August 2022 to July 2023. Officials earned points for participating in training events offered by FLC University, including monthly webinars, online orientation, the Institute for Elected Municipal Officials (IEMO I and II), the State -Mandated Continuing Education in Ethics, and the League's Annual Conference and legislative events. Certificate recipients at all levels will be featured by the League's award -winning magazine, Quality Cities (QC), and at the FLC Annual Conference. For more information on the Certificate Program for Elected Municipal Officials, visit flcities.com/certificate. ### Founded in 1922, the Florida League of Cities is the united voice for Florida's municipal governments. Its goals are to promote local self-government and serve the needs of Florida's cities, which are formed and governed by their citizens. The League believes in "Local Voices Making Local Choices," which focuses on the impact citizens and city leaders have in improving Florida's communities. For more information, visit flcities.com. Certificate Program for Elected Municipal Officials Gold Certificate of Excellence Don Willis Councilmember City of Cape Canaveral FLC UNIVERSITY CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • WEDNESDAY, SEPTEMBER 20, 2023 AGENDA ITEM SUMMARY • ITEM # 1a Subject: Resolution No. 2023-22; adopting a Final Millage rate for the levy of Ad Valorem Taxes for Fiscal Year 2023/2024 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida; providing for an effective date. Department: Financial Services Summary: Adopt a Final Millage rate of 3.5064 mills for Fiscal Year 2023/2024, which represents a rate above the rolled-back rate. It includes two segments: General Government Millage 3.4632 mills Library Dependent Special District 0.0432 mills These rates are will be identified in the Fiscal Year 2023/24 Proposed Budget. Per "Truth in Millage Compliance", the Ad Valorem Tax Rates can be lowered from proposed rate; however, no tax rate can be increased. The City Council adopted Resolution No. 2023-13- Tentative Proposed Millage Rate of 3.5716 on July 18, 2023 and Resolution No. 2023-17- Tentative Millage Rate of 3.5064 on September 6, 2023. Resolution No. 2023-22 (attached) is the final approval establishing the Millage Rate for Fiscal Year 2023/24. This final Meeting was reschedulted on June 20, 2023 by City Council due to a conflict with Brevard County Budget Hearing. Submitting Department Director: John DeLeo Attachment: Resolution No. 2023-22 Financial Impact: The Final Millage rate of 3.5064 provides a property tax revenue stream of $6,332,581. These revenues are represented in the Proposed Fiscal Year 2023/2024 Budget at a 95% receipt rate and allow for a balanced budget. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Adopt Resolution No. 2023-22. Approved by City Manager: Todd Morley RESOLUTION NO. 2023-22 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING A FINAL MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR FISCAL YEAR 2023/2024 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City wishes to impose Ad Valorem Taxes based upon an approved millage rate; and WHEREAS, Florida Statute 200.065 expressly provides no millage shall be levied until a resolution or ordinance has been approved by the governing board of the taxing authority and upon preparation of a tentative budget, but prior to adoption thereof, each taxing authority shall compute a tentative proposed millage rate necessary to fund the tentative budget other than the portion of the budget to be funded from sources other than ad valorem taxes, and such tentative proposed millage rate must be provided to the Property Appraiser, along with the date, time, and place for the upcoming public hearings to be conducted by the City of Cape Canaveral to adopt a millage rate and budget for the next fiscal year, so real property owners may be publicly noticed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. The aggregate millage for all City operating purposes is 3.5064 mills on the dollar of taxable value for the 2023/2024 Fiscal Year for the City of Cape Canaveral, Florida. This aggregate millage represents an increase of 7.46 percent above the aggregate rolled -back rate of 3.2631 mills. Section 2. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a final millage rate of 3.4632 mills for General Government Millage. This proposed Ad Valorem Tax shall be levied upon the 2023 Tax Assessment Roll for Ad Valorem Tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's Fiscal Year beginning October 1, 2023 and ending September 30, 2024. Section 3. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a final millage rate of 0.0432 mills for the Library Dependent Special District, as approved in the 1985 referendum election. This proposed Ad Valorem Tax shall be levied upon City of Cape Canaveral, Florida Resolution No. 2023-22 Page 1 the 2023 Tax Assessment Roll for Ad Valorem Tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's Fiscal Year beginning October 1, 2023 and ending September 30, 2024. Section 4. This Resolution shall become effective immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Brevard County, Florida, this 20th day of September, 2023. Wes Morrison, Mayor ATTEST: Mia Goforth, CMC City Clerk Approved as to Form: Anthony A. Garganese, City Attorney Name For Against Kim Davis Mickie Kellum Wes Morrison Angela Raymond Don Willis City of Cape Canaveral, Florida Resolution No. 2023-22 Page 2 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • WEDNESDAY, SEPTEMBER 20, 2023 AGENDA ITEM SUMMARY • ITEM # 1b Subject: Ordinance No. 09-2023; adopting the Annual General Fund, Wastewater Enterprise Fund, Stormwater Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds, Capital Project Funds and Agency Fund Budgets for the Fiscal Year beginning October 1, 2023, and ending September 30, 2024; providing for an effective date, second reading. Department: Financial Services Summary: City Council completed three workshops pertaining to the development of the Budget for Fiscal Year 2023/2024. The Budget reflects Council consensus from those meetings and revised revenue/spending estimates. The Budget for the Fiscal Year 2023/2024 totals $37,157,887. This represents an 2.8% increase from the Fiscal Year 2022/2023 Budget. City Council approved Ordinance No. 09-2023 on first reading at its September 6, 2023 Meeting. The Notice of Hearing was placed for advertisement in Florida Today on September 15, 2023 and the Ordinance is presented for second reading and final adoption. Submitting Department Director: John DeLeo Attachment: Ordinance No. 09-2023 with Attachment #1 — Fiscal Year 2023-2024 Budget Summary. Financial Impact: This is a balanced Budget based upon a 3.5064 Ad Valorem Millage Rate; Cost of advertisement and Staff time to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Adopt Ordinance No. 09-2023, second reading. Approved by City Manager: Todd Morley ORDINANCE NO. 09-2023 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING THE ANNUAL GENERAL FUND, WASTEWATER ENTERPRISE FUND, STORMWATER ENTERPRISE FUND, ENTERPRISE CAPITAL FUND, SPECIAL REVENUE FUNDS, CAPITAL PROJECT FUNDS AND AGENCY FUND BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2023, AND ENDING SEPTEMBER 30, 2024; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. The Annual General Fund, Wastewater Enterprise Fund, Stormwater Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds, Capital Project Funds and Agency Fund Budgets which are attached hereto in Attachment #1 by reference made a part hereof, of the City of Cape Canaveral, Florida for the Fiscal Year beginning October 1, 2023, and ending September 30, 2024, are hereby approved and adopted. SECTION 2. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 20th day of September 2023. Wes Morrison, Mayor ATTEST: Mia Goforth, CMC, City Clerk Approved as to Form: Anthony A. Garganese, City Attorney First Reading: September 6, 2023 Advertisement: September 15, 2023 Second Reading: September 20, 2023 Name For Against Kim Davis Mickie Kellum Wes Morrison Angela Raymond Don Willis City of Cape Canaveral, Florida Ordinance No. 09-2023 Page 1 of 1 Ordinance No. 09-2023 Attachment #1 City of Cape Canaveral Fiscal Year 2023-2024 Budget Summary Revenues Expenditures General Fund: $ 22,354,478 $ 22,354,478 Enterprise Funds: Wastewater Enterprise Fund 8,977,180 8,977,180 Stormwater Enterprise Fund 2,891,300 2,891,300 Special Revenue Funds: Police Education Fund 1,344 1,344 Aerial Fire Protection Fund 540 540 School Crossing Guard Fund 2,100 2,100 Library Fund 83,419 83,419 CC Community Redevelopment Agency Fund 2,753,717 2,753,717 Impact Fees 82,696 82,696 Agency Fund: Law Enforcement Trust Fund 11,113 11,113 Total Fiscal Year 2023-2024 Budget $ 37,157,887 $ 37,157,887 ITEM # 2 DRAFT CAPE CANAVERAL CITY COUNCIL BUDGET WORKSHOP MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Tuesday August 8, 2023 5:30 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:10 p.m. Mayor Pro Tem Raymond led the Pledge of Allegiance. ROLL CALL: Council Members Present: Council Member Council Member Mayor Mayor Pro Tem Council Member Kim Davis Mickie Kellum Wes Morrison Angela Raymond Don Willis Others Present: City Manager City Attorney City Clerk Administrative/Financial Services Director Deputy Finance Director Capital Projects Director Capital Projects Deputy Director Community + Economic Development (C+ED) Dir. C+ED Senior Planner C+ED Chief Resilience Officer C+ED Resilience Engineering Services Manager HR/Risk Management Director Parks, Recreation + Community Affairs (PRCA) Dir. PRCA Deputy Director Public Works Services Deputy Director Executive Assistant to City Manager/Office Manager Brevard County Sheriff's Office Commander Brevard County Sheriff's Office Lieutenant Todd Morley Anthony Garganese Mia Goforth John DeLeo Jenny Coldiron Jeff Ratliff Tim Carlisle Dave Dickey Kyle Harris Zachary Eichholz Alexis Miller Melinda Huser Molly Thomas John Mayberry Jessica Erdman Lisa Day Byron Keck Scott Molyneaux PUBLIC PARTICIPATION: None DISCUSSION: Proposed Fiscal Year 2023/2024 Budget and Five (5) Year Capital Improvement Plan: City Manager Morley discussed the increase in taxable revenue, the need for a full-time IT staff member, how the Proposed Budget provides for all projects presented at the Strategic Planning Retreat and subsequently approved by the Council including the Veterans Memorial Park Project (VMP), the need to keep Budget contingency healthy, and noted the Proposed Budget was created City of Cape Canaveral, Florida DRAFT City Council Budget Workshop Meeting August 8, 2023 Minutes Page 2 of 2 based on the wishes of Council. Administrative/Financial Services Director DeLeo discussed costs of unexpected expenditures for the City including new fencing around the Splash Pad, and City Hall air conditioning and plumbing repairs, a total millage rate of 3.5716 provides everything the Council desires, and cautioned that going lower would reduce or evaporate contingency. City Manager Morley discussed the City's progress over the last twenty years including improvements, projects, and amenities compared to other cities including having the third lowest millage rate. Discussion ensued and included the Proposed Budget, expenditures and revenues related to Friday Fest, Council interest in Cherie Down Park, Brevard County Sheriff's Office services and costs to the City, annual revenue for the City from Vacation Rental Registration/Monitoring Program, Banana River Master Plan, grant revenue versus cash forward funds, Federal & State Grants which do not include ARPA, assessed taxable values going back ten years, a desire to go to roll -back or under, continued cost increases, and desire to go with the 3.7516 total mills. Deputy Finance Director Coldiron denoted going to roll -back would result in having to cut $571,000 from the General Fund. Discussion continued regarding millage rate comparisons depicted on page 80 of the Proposed Budget, and some desire for a third Budget Workshop, and desire to adjourn. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Davis, to adjourn the Budget Workshop. Discussion ensued regarding the Budget Adoption Schedule FY 2023-2024 Budget page 17, Staff's need for at least one week to prepare any changes to the Proposed Budget before the September 6, 2023 Special Council Meeting/First Budget Hearing, continuation of the discussion now or to schedule an additional Budget Workshop, and desire to keep the VMP from being cut from the Budget. City Manager Morley suggested he would forward an email for the Council to choose from proposed dates for a third Budget Workshop Meeting. ADJOURNMENT: The Workshop Meeting was adjourned at 7:34 p.m. Wes Morrison, Mayor Mia Goforth, City Clerk DRAFT CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Hybrid Meeting via GoToWebinar Tuesday August 15, 2023 6:00 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:59 p.m. Council Member Willis led the Pledge of Allegiance. ROLL CALL: Council Members Present: Council Member Council Member Mayor Mayor Pro Tem Council Member Mickie Kellum Kim Davis Wes Morrison Angela Raymond Don Willis Others Present: City Manager City Attorney City Clerk Administrative/Financial Services Director Capital Projects Director Community + Economic Development (C+ED) Dir. C+ED Senior Planner C+ED Chief Resilience Manager C+ED Resilience Engineering Services Manager Parks, Recreation + Community Affairs (PRCA) Dir. Public Works Services Director Public Works Wastewater Plant Manager Executive Assistant to 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 Alexis Miller Molly Thomas June Clark Paul Prince Lisa Day Byron Keck Scott Molyneaux APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS: Discussion ensued regarding two Add -On Items and where to place them on the Agenda, Council Member Willis requested his Discussion Item regarding signalized crosswalks on State Road A1A appear after Item 8, and City Manager Morley requested the Veterans Memorial Park Item appear after Item 7. A motion was made by Council Member Willis, seconded by Council Member Davis, to add the Items in that order. Motion carried 5-0 PRESENTATIONS/INTERVIEWS: Presentation of Proclamations, commending the timely actions of officials from the United States Coast Guard, the Brevard County Sheriff's Office, and the Florida Department of Environmental Protection in response to a beachside material spill on June 29, 2023: Mayor Morrison read the Proclamation, and presented individual copies to the representatives from each agency. The Coast Guard and Commander Keck expressed thanks to the City. City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • August 15, 2023 Minutes • Page 2 of 5 Presentation of Proclamation declaring September 2023 as "National Suicide Prevention Month" to Wayne Price, Director of Communications, Space Coast Health Foundation: Mayor Morrison read the Proclamation and presented it to Mr. Price and Kelly Haskins, President and Founder, Do It For Hunter, Inc. Ms. Haskins thanked the City and invited everyone to attend You Matter Day on Saturday, September 16, 2023 in Merritt Island from 10:00 a.m. — 3:00 p.m., and go to doitforhunter.org for more information. Presentation of Proclamation declaring August 2023 as "Florida Water Professionals Month" to City Public Works Services Staff, representing the Florida Water & Pollution Control Operators Association: Mayor Morrison read and presented the Proclamation to Cape Canaveral Public Works Wastewater Plant Manager Paul Prince. Presentation by Craig Wallace with the Brevard Indian River Lagoon Coalition: Mr. Wallace commended City Chief Resilience Manager Eichholz, thanked the City for its partnership, and made the Presentation. Mr. Wallace encouraged participation in the Lagoon restoration program. PUBLIC PARTICIPATION: James Teele, business owner, discussed accessory building use in the City C-1 zoning area related to 8150 Astronaut Boulevard and possible re -location and operation of his vending business. Patrick Campbell, resident and property owner, discussed desire for a household chemical amnesty day in the City, and concerns regarding coyotes spotted in the City. CONSENT AGENDA: Council Member Kellum removed Item 6. 1. Approve Minutes for the July 18, 2023 Budget Workshop and Regular Meetings. 2. Resolution No. 2023-15; reappointing a Member to the Planning and Zoning Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Susan Denny) 3. Resolution No. 2023-16; adopting a fee schedule for the Cape Canaveral Community Center; providing for the repeal of prior inconsistent resolutions, severability and an effective date. 4. Approve proposed task order from Tetra Tech in the amount of $50,635 for structural analysis, engineering design, bidding and construction administrative services for investigating and repairing the concrete second floor platform at the Water Reclamation Facility and authorize City Manager to execute same. 5. Authorize City Manager to execute a Standard Grant Agreement with the State of Florida Department of Environmental Protection, "City of Cape Canaveral Enhanced Vulnerability Analysis" Agreement No. 23PLN05, for the total amount of $225,000 over three years. 6. Ratify scoring of Short-term Rental (STR) and Mortgage Foreclosure registration and compliance service providers; and, authorize the City Attorney to draft and City Manager to execute a Services Agreement with Deckard. 7. Approve Interlocal Agreement between Brevard County Board of County Commissioners, the City of Cape Canaveral and the Canaveral Port Authority regarding automatic aid for fire protection and rescue services and authorize City Manager to execute same. A motion was made by Council Member Kellum, seconded by Mayor Pro Tem Raymond, to approve the Consent Agenda Items 1 through 5 and 7. The motion carried 5-0. City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • August 15, 2023 Minutes • Page 3 of 5 #6 Discussion ensued and included Staff's choice for Deckard based on the features of the platform, performance of the new system remains unknown until implementation, most data having already been built, implementation timeframe, the 7-day minimum stay requirement, the Corrective Memo from Staff to Council regarding revenue collection for Short-term Rentals (STR), possible STR software integration with the City's financial and business tax receipt software, and concerns if company performance fails. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Davis, to ratify scoring of Short-term Rental and Mortgage Foreclosure registration and compliance service providers, and authorize the City Attorney to draft and City Manager to execute a Services Agreement with Deckard for the provision of Short-term Rental and Mortgage Foreclosure registration and compliance services. The motion carried 5-0. ADD -ON ITEM: Approve the use of the American Rescue Plan Act funds in the amount of $425,000 to complete Veterans Memorial Park: City Manager Morley explained the Item, suggested appropriate language for the motion, and indicated Value Engineering could reduce costs. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Davis, to approve using American Rescue Plan Act (ARPA) funds to complete Veterans Memorial Park in the amount of $425,000, and authorize the City Manager to execute the contract with Jobear Contracting, Inc. The motion carried 5-0. Mayor Morrison recessed the meeting at 7:04 p.m. The meeting reconvened at 7:14 p.m. ITEM FOR ACTION: 8. Consideration of a Modified Lot Split Plan Application and three associated variance requests to Chapter 98— Subdivision requirements, for property owned by Michael and Collette DiChristopher (Applicant): City Attorney Garganese reviewed the Item and the procedure of the Public Hearing. City Attorney Garganese advised the City Council that ex parte communications must be disclosed under Florida law and to provide and identify such for the record. Mayor Morrison stated he did have ex parte communication with Mr. Patrick Campbell and Mr. Mike DiChristopher in regards to the Lot Split Application. Council Member Willis and Mayor Pro Tem Raymond both indicated they were in communication with the City Attorney prior to the Meeting, however City Attorney Garganese stated this does not constitute ex parte communications and is not required to be disclosed in a quasi-judicial hearing such as this. Council Members Kellum and Davis both stated they have had no communications with anyone outside of the agency in regard to the Item. Attorney Kim Rezanka, representing Mr. and Mrs. DiChristopher, distributed handouts to the Council, City Attorney and Staff, and presented her case. Public Comment was opened. Patrick Campbell, 305 Surf Drive, discussed opposition to the Lot Split and distributed a handout. William Hodge, 369 Coral Drive, discussed opposition to the Lot Split. Kay Jackson, 8600 Ridgewood Avenue, discussed opposition to the Lot Split and concerns regarding those properties in the same area that are land locked. Discussion ensued regarding upzoning and downzoning. Attorney Rezanka made rebuttals to the public comments. Public Comments were closed. Council deliberation ensued and included the other properties and houses marked "X" within Attorney Rezanka's Attachment 9, concern this could set precedence for more variances and special exceptions, a grandfathering provision would have to be drafted and legislatively approved by the City Council if it chose to do so, and the official City Zoning Map recorded by Brevard County shows the two lots that were not approved by the City. City Attorney Garganese discussed the chain of title contained in Resolution No. 2022-32 and Council adoption of which recognized the City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • August 15, 2023 Minutes • Page 4 of 5 property as one developable lot. Discussion continued regarding City Code of Ordinances Chapter 98 Subdivisions, Chapter 110 Zoning, variances, lot -splits, lot widths, subdivision of land and design of developable lots, and action taken by the Planning and Zoning Board in 2014. Mayor Morrison recessed the meeting at 8:57 p.m. The meeting reconvened at 9:06 p.m. Discussion continued regarding the Planning and Zoning Board Meeting of September 11, 2013, variances, how and why Chapter 98 makes references to Chapter 110, Mayor Morrison's disagreement with the City Attorney's explanation of the Code, how the two Code Chapters may not be compared apples -to -apples, and the need to focus on Chapter 98 with regard to the Agenda Item. Lamar Russell, Planning and Zoning Board Chair, discussed how lots must be platted before a variance can be applied, and the need to start over. Michael DiChristopher, Applicant, discussed the property is not required to be platted, all requirements for Chapter 110 have been met, the Planning and Zoning Board's original recommendation for approval of the Lot Split, and now he must ask Council for three variances. Patrick Campbell, 305 Surf Drive, discussed opposition to the Applicant's statement, read a portion of his handout to Council, and urged Council to deny and start over. Discussion continued regarding the Planning and Zoning Board recommendation to Council, and whether Mr. Russell's and Mr. DiChristopher's comments were pertinent to the Item, the importance of Council's approval of the Conditional Mediated Settlement Agreement, how to conduct a vote on the three Variances and the Proposed Modified Lot Split, the meaning of each variance, whether Chapter 98 allows a variance from Chapter 110 requirements, and extending the meeting past 10:00 p.m. A motion was made by Council Member Kellum, seconded by Mayor Morrison, to extend the Meeting to 10:30 p.m. Discussion ensued regarding consensus to extend to 10:30 p.m. and how to proceed with a motion on the Item. The motion carried 4-1, with Mayor Pro Tem Raymond voting against. Discussion ensued regarding how to make a motion on the Item, and City Attorney Garganese' uncertainty over the Planning and Zoning Board's articulation for denial. A motion was made by Council Member Kellum, seconded by Mayor Morrison, to adopt the Planning and Zoning Board's recommendation to the City Council in its entirety. Discussion ensued and included the procedure depending on the outcome of the motion on the floor and under the Conditional Mediated Settlement Agreement, City Attorney Garganese's advice that Council make its findings on the public record regarding the application of Chapters 98 and 110 with respect to variances, the Mayor's findings based on Mr. Campbell's opinion, City Code, and the recommendation of the Planning and Zoning Board recommendation, the need to hear whether or not Council Members agree with the Mayor's assessment and logic regarding Chapters 98 and 110, which depending on the outcome of the motion would determine how the City Attorney would prepare a draft Development Order for Council consideration, and the deadline of September 15, 2023 to approve the Order. A motion was made by Council Member Davis, seconded by Mayor Pro Tem Raymond, to call the question. City Attorney Garganese explained the priority of the motions on the floor under Robert's Rules of Order. The motion to call the question carried 5-0. City Attorney Garganese advised Council must now vote on the Main Motion without further debate. The motion failed 3-2, with Council Members Davis, Willis and Mayor Pro Tem Raymond voting against. Discussion ensued on how to proceed. A motion was made by Council Member Willis, seconded by Council Member Davis, to approve variance Item 1. The motion carried 4-1, with Mayor Morrison voting against. Mayor Morrison pointed out the need to extend the meeting. Discussion ensued regarding comments submitted for the Council to consider. A motion was made by Council Member Willis, seconded by Council Member Kellum, to extend the Meeting ten minutes. The motion carried 4-1, with Mayor Pro Tem Raymond voting against. Discussion ensued on how to proceed. A motion was made by Council Member Davis, City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • August 15, 2023 Minutes • Page 5 of 5 seconded by Council Member Willis, to approve a variance of 25' to the required width of 115' of the proposed corner lot, which will result in an approved width for the corner lot of 90'. Discussion ensued and included Council Member Willis' vote errs on the side of the property owner, and belief that the City is following Chapter 98 and intent of Chapter 110 properly, City Attorney Garganese's confirmation the motion does support that the variance meets criteria based on all of the evidence presented, and the minutes from the Planning and Zoning Board Meeting of July 26, 2023 were not provided. A motion was made by Council Member Davis, seconded by Mayor Pro Tem Raymond, to call the question. The motion to call the question carried 5-0. Mayor Morrison stated debate has ended for the motion on the floor. The previous motion carried 3-2, with Council Member Kellum and Mayor Morrison voting against. A motion was made by Council Member Davis, seconded by Mayor Pro Tem Raymond, to approve a variance of 13' to the required width of 75' for the proposed northern lot, which will result in an approved width for the northern lot of 62'. Discussion ensued regarding Mayor Morrison's opposition to the approval of the variances, and City Attorney Garganese's confirmation to proceed based on the criteria and application of Chapter 98, stated in the Agenda Item and all of the evidence presented. A motion was made by Council Member Davis, seconded by Mayor Pro Tem Raymond, to call the question. Discussion continued on the motion to call the question. The motion to call the question failed 3-2, with Council Member Kellum and Mayor Morrison voting against. Discussion continued regarding the Mayor's urging of the Council to watch the Planning and Zoning Board Meeting of July 26, 2023, consider the evidence, and whether this Meeting is a Public Hearing or not. Community and Economic Development Director Dickey confirmed the Meeting was properly advertised and posted as a Public Hearing for both the related Planning and Zoning Board Meeting and this City Council Meeting, and offered to produce the proof of publication to the Council. Discussion ensued and continued regarding Mayor Pro Tem Raymond's assertions that the Council is fully prepared for meetings, should not bully or criticize Staff, the current discussion was more of a monologue, and the need to make a decision. The remaining motion carried 3-2, with Council Member Kellum and Mayor Morrison voting against. Discussion ensued on how to proceed after voting on the three associated variances. City Attorney Garganese confirmed the proposed Modified Lot Split Plan being next for Council to consider, and read the Notice of Public Hearing advertisement into the record. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Davis, to approve the proposed Modified Lot Split Plan. The motion carried 3-2, with Council Member Kellum and Mayor Morrison voting against. ADJOURNMENT: The Meeting was adjourned at 10:48 p.m. Wes Morrison, Mayor Mia Goforth, City Clerk DRAFT CAPE CANAVERAL CITY COUNCIL BUDGET WORKSHOP MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Wednesday August 23, 2023 6:00 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 5:58 p.m. Council Member Kellum led the Pledge of Allegiance. ROLL CALL: Council Members Present: Council Member Mayor Council Member Mickie Kellum Wes Morrison Don Willis Council Members Absent: Council Member Mayor Pro Tem Kim Davis Angela Raymond Others Present: City Manager City Clerk Administrative/Financial Services Director Deputy Finance Director Capital Projects Director Capital Projects Deputy Director Community + Economic Development (C+ED) Dir. Parks, Recreation + Community Affairs (PRCA) Dir. Public Works Director Executive Assistant to City Manager/Office Manager Brevard County Sheriff's Office Commander Brevard County Sheriff's Office Lieutenant Todd Morley Mia Goforth John DeLeo Jenny Coldiron Jeff Ratliff Tim Carlisle Dave Dickey Molly Thomas June Clark Lisa Day Byron Keck Scott Molyneaux PUBLIC PARATICIPATION: None DISCUSSION: Proposed Fiscal Year 2023/2024 Budget and Five (5) Year Capital Improvement Plan: City Manager Morley's discussion included this being the third Budget Workshop Meeting, the Proposed Millage Rate total of 3.5716, impacts of inflation and increase in costs related to projects, workers compensation and general liability insurances. Deputy Finance Director Coldiron discussed budget changes, as a result of Council actions taken at the City Council Regular Meeting of August 15, 2023, will be incorporated into a revised Proposed Budget and is reflected in the handout distributed for Council (attached), and clerical errors corrected regarding Impact Fees and the loan for the Civic Hub. Finance Director DeLeo discussed the need for a consensus that City of Cape Canaveral, Florida DRAFT City Council Budget Workshop Meeting August 23, 2023 Minutes Page 2 of 3 Council supports funding the EV Chargers out of the General Fund as a result of the CRA Board's decision to not fund the EV Chargers. Discussion ensued and included an EV Charger fee schedule related Agenda Item planned for the Regular City Council Meeting of September 20, 2023, opposition to and support for the EV Charger Project, impacts of taking the Project out of the Proposed Budget, and the pros and cons of managing EV Chargers, and parking spaces for charging electric vehicles. City Manager Morley denoted Council consensus for support of the EV Charging Stations. Discussion continued regarding the difference between items in the Proposed Budget regarding the Streets/Sidewalks/Mobility/Striping and Bike Lane Striping, the purpose of the City Hall office expansion, future staffing needs, funds in contingency for City Hall repairs to plumbing and the air conditioners, and possibly using the City Council and Mayor offices instead of moving forward with the City Hall Office Expansion Budget item. Council reached consensus to remove the City Hall Buildout Capital Improvement Project from the Proposed Budget. Discussion continued regarding needs versus wants in the Proposed Budget, the Strategic Planning Retreat, the Prominade which evolved into the Civic Hub Project, the Presidential Streets Plan, the Veterans Memorial Park Project, stormwater and flooding, and an idea of cutting each Operating Fund in each department, except police and fire, by ten percent. City Manager Morley explained the City is taking the most responsible approach regarding stormwater with both the larger and smaller projects in response to community needs, and noted the City Council Civic Hub Workshop scheduled for Tuesday, September 19, 2023. Discussion continued regarding incentivizing developers do business in the City, and affordable housing concerns which will be discussed at a future Planning and Zoning Board Meeting. Mayor Morrison recessed the meeting at 7:15 p.m. The meeting reconvened at 7:24 p.m. Discussion ensued and included utilizing Value Engineering for the Veterans Memorial Park Project and City Manager Morley's plan to bring it to Council depending on timing, whether there is a need for another Strategic Planning Retreat and replace it with a Capital Improvement Projects meeting. Council reached consensus to remove the Strategic Planning Retreat from the Proposed Budget. Discussion ensued and included the changes will be reflected at the Special City Council Meeting on Wednesday, September 6, 2023. Council reached consensus to move the Resiliency Vehicle CIP to FY24-25. Discussion continued regarding Year -to -Date revenues, ad valorem tax rate in Cape Canaveral, and if there are any items that City Staff could delay or reduce costs for. City Manager Morley explained there is nothing else for Staff to suggest for Council, and noted the ideas brought to his attention by the Council. Discussion continued regarding the Advisory Board Dinner for $7,500 which was not taken out because Council chose to include it, the CRA Agency Fund Budget and line items to consider, how $600,000 is a lot of money going into Parks and Recreation, and whether those items could be reduced rather than removed from the Proposed Budget. PRCA Director Thomas discussed the recently installed new scoreboard, the Canaveral City Park scheduled upgrades in the Proposed Budget, and discussion ensued regarding the same. Council reached consensus to move the C5 Dividers to FY24-25, remove the Canaveral City Park Scoreboard from the Proposed Budget, and move the Playground CIP under the CRA to FY25-26. Mayor Morrison recessed the meeting at 8:52 p.m. The meeting reconvened at 8:57 p.m. Discussion ensued and included thanks to Staff and Council for reducing the Proposed Budget, Non -Departmental budget items, stormwater and the Civic Hub, the belief that a million dollars City of Cape Canaveral, Florida DRAFT City Council Budget Workshop Meeting August 23, 2023 Minutes Page 3 of 3 could be found in the Proposed Budget to cut, core services includes basic items the City is accustomed to having, and grant funding and expenses. Deputy Finance Director Coldiron reviewed the list items Council reached consensus on and indicated the changes would be completed in the Proposed Budget for Council by August 29, 2023. ADJOURNMENT: The Workshop Meeting was adjourned at 9:19 p.m. Wes Morrison, Mayor Mia Goforth, City Clerk As presented at the 8/23/2023 City Council Budget Workshop FY23-24 PROPOSED BUDGET-CHANGES EFFECT GL# NEW LINE AMOUNT EV CHARGING STATIONS CRA REVENUE-EV CHARGING -$48,000 106-000-000-342102 0 CRA CAPITAL EXPENSE-EV CHARGING -$80,000 (REMOVE CIP#CR-9) 106-016-559-563245 0 CRA CONTINGENCY +$32,000 106-016-581-591001 478,051 GENERAL FUND REVENUE-EV CHARGING +$48,000 001-000-000-342102 72,000 RESILIENCY CAPITAL EXPENSE-EV CHARGING+$80,000 (ADJUST CIP#RD-3) 001-008-537-563245 120,000 GENERAL FUND CONTINGENCY -$32,000 001-017-901-999000 171,026 NEW STR REGISTRATION CONTRACT GENERAL FUND REV-VACATION RENTAL REGISTRATION/MONITORING+$35,000 001-000-000-321105 95,000 CED/CODE ENF-CONTRACT SERVICES -$35,000 001-003-515-534000 35,000 VULNERABILITY ANALYSIS GRANT GENERAL FUND REVENUE-STATE GRANT+$75,000 001-000-000-334500 75,000 RESILIENCY-CONTRACT SERVICES -$75,000 001-008-537-534000 75,000 IMPACT FEES INCOME ADJUSTMENT IMPACT FEE TRANSPORTATION REVENUE -$412,985 107-000-000-324200 0 $412,985 TRANSPORTATION FEES WERE IMPACT FEE CONTINGENCY -$412,985 107-029-559-599000 82,696 ALREADY BOOKED IN FY21-22 DRAFT CAPE CANAVERAL CITY COUNCIL SPECIAL MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Wednesday September 6, 2023 5:30 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 5:29 p.m. Mayor Pro Tem Raymond led the Pledge of Allegiance. ROLL CALL: Council Members Present: Council Member Kim Davis Council Member Mickie Kellum Mayor Wes Morrison Mayor Pro Tem Angela Raymond Council Member Don Willis Others Present: City Manager City Attorney City Clerk Administrative/Financial Services Director Deputy Finance Director Capital Projects Director Community + Economic Development (C+ED) Dir. Parks, Recreation + Community Affairs (PRCA) Dir. Public Works Director Executive Assistant to City Manager/Office Manager Brevard County Sheriff's Office Commander Brevard County Sheriff's Office Lieutenant Todd Morley Anthony Garganese (arrived 5:33 p.m.) Mia Goforth John DeLeo Jenny Coldiron Jeff Ratliff Dave Dickey Molly Thomas June Clark Lisa Day Byron Keck Scott Molyneaux APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS: Discussion ensued regarding swapping the order of Agenda Items 1 and 2. City Attorney Garganese advised that Florida Statute requires the first action be on the millage rate. Discussion continued regarding a desire to omit discussion, in order to save time, around the items Council reached consensus on during the last City Council Workshop on August 23, 2023. City Attorney Garganese advised Council that consensus items are not the final action of Council and therefore can still be discussed, and indicated changes at this juncture in the budget process would create significant impacts on Staff work product. Administrative/Financial Services Director DeLeo discussed the Proposed Budget before Council is based on the consensus items from the last City Council Workshop and referenced the August 29, 2023 Memorandum to Council (attached). A motion was made by Council Member Willis, seconded by Council Member Kellum, to approve the Agenda as written. The motion carried 5-0. PUBLIC PARTICIPATION: None. PUBLIC HEARINGS: 1. Resolution No. 2023-17; adopting a Tentative Millage Rate for the levy of Ad Valorem Taxes for Fiscal Year 2023/24 on all taxable property located within the City of Cape Canaveral, City of Cape Canaveral, Florida DRAFT City Council Special Meeting — 1st Budget Hearing September 6, 2023 Minutes Page 2 of 3 Brevard County, Florida; providing for an effective date: City Attorney Garganese read the title into the record and stated the proposed Tentative aggregate Millage for all City operating purposes is 3.5716 mills which breaks down to 3.5284 mills for General Government Millage and 0.0432 mills for the Library Dependent Special District. Discussion ensued and included impacts of the cuts to the Proposed Budget, based on Council consensus that was reached at the last City Council Budget Workshop, which would lower the total millage to 3.5064, hiring a new employee for the Cape Canaveral Community Center for Sundays, potential revenues to be gained from recreation facilities on weekends and ideas to make hours of operation at the Cape Canaveral Community Center, the Splash Pad and the Nancy Hanson Recreation Complex more efficient for the community, the need to be careful regarding contingency, using the cuts made by Council to the Proposed Budget to justify a lower millage, how going to the rolled -back rate would require finding significant cuts from the Proposed Budget, desire to save time discussing roll -back if the majority of Council is against it, going through each Budget Summary to make further cuts, and reducing Capital Improvement Project funding for some projects such as the Veterans Memorial Park Project and the Presidential Streets Master Plan Project. City Manager Morley reminded Council the Presidential Streets Master Plan Project is in the CRA (Community Redevelopment Area) Budget but that moving such a Project back a year would be an example of a way to save a significant amount of money from the Proposed Budget. Administrative/Financial Services Director DeLeo noted when ad valorem is reduced it will also impact the CRA. Discussion continued and included how this Resolution represents a tax increase, the City Council has reduced the millage rate each year since 2017, and the millage rate versus the roll -back rate related to increased property values. City Manager Morley pointed out that the City has already gone through the bid process for the current Veterans Memorial Park Project, and that the City is still in negotiations regarding that Project's value engineering analysis. Bob Hathaway, resident, suggested an electronic key pad to allow public access to the Splash Pad. A motion was made by Council Member Davis, seconded by Mayor Pro Tem Raymond, to adopt a Tentative Millage Rate of 3.5064, combined. City Manager Morley discussed how the Motion was based on the cuts that came out of the City Council Budget Workshop of August 23, 2023 in the amount of $117,070, which Staff had proposed would go back into Contingency but Council discussion was to instead use that to reduce the total combined millage from 3.5716 to 3.5064 mills. The motion carried 3-2, with Council Member Kellum and Mayor Morrison voting against. 2. Ordinance No. 09-2023; adopting the Annual General Fund, Wastewater Enterprise Fund, Stormwater Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds, Capital Project Funds and Agency Fund Budgets for the Fiscal Year beginning October 1, 2023, and ending September 30, 2024; providing for an effective date, first reading: City Attorney Garganese read the title into the record. City Manager Morley discussed how, due to projects becoming fewer and fewer each year, the City will not hold a Strategic Planning Retreat and instead will hold a Capital Improvement Project Workshop. Discussion ensued and included potential revenues to be gained from recreation facilities being open on Sunday, hiring more staff, desire to make additional cuts to the Proposed Budget, importance of the CAPE Center, and the suggestion to change operating hours for certain recreation programs. PRCA Director Thomas discussed how Staff would be able to target the most optimal usage/time with metrics for recreational facilities barring legislative action. Discussion ensued regarding being able to hire an additional recreational staff member versus reducing the budget for the Veterans Memorial Park Project, access to restrooms at the Community Center, the Splash Pad and Nancy Hanson Recreation Complex must be within 200 feet, the City's variance for ball field restroom usage, if City of Cape Canaveral, Florida DRAFT City Council Special Meeting — 1st Budget Hearing September 6, 2023 Minutes Page 3 of 3 approved, would take care of the Splash Pad only. PRCA Director Thomas pointed out the need to consider usage and accessibility for each facility equally. Discussion continued regarding recreational facility usage, staffing and operational hours. The Public Hearing was opened. Bob Hathaway, resident, discussed requested EV Charger projected revenues information. City Manager Morley tasked Staff with sending the Agenda Item from July to Mr. Hathaway. City Manager Morley advised the City Council will be considering the EV Charger rates and fee structure at the September 20, 2023 City Council Meeting. Discussion ensued and included potential surplus funds to help with the contingency, tax credits, grants revenue and reimbursements, and the Federal Inflation Reduction Act income grant which appear later. The Public Hearing was closed. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Davis, to adopt Ordinance No. 09-2023, at first reading. Administrative/Financial Services Director DeLeo reaffirmed the latest changes were made to the Proposed Budget as a result of the last Budget Workshop, the result of this evening's millage change will be provided in another Memorandum to Council prior to the second hearing of the Budget Ordinance, a new Final Budget will be provided to Council after the September 20, 2023 Meeting, and confirmed the Motion as sufficient. The motion carried 3-2, with Council Member Kellum and Mayor Morrison voting against. Community and Development Director Dickey read a text message received from Staff attending the 2023 Florida Planning Conference in Jacksonville (attached). Council Member Willis congratulated Carib Brewery USA, which won the Cocoa Beach Area Chamber of Commerce August Business Champion of the Month after he submitted their City Council Meeting Presentation from the June 20, 2023 City Council Regular Meeting. Council Member Kellum announced the City, along with the American Legion and the VFW, is scheduled to host the first Inaugural Veterans Day Parade in the City, invited all of Council to participate on Saturday, November 11, 2023 at 11:00 a.m., starting at City Hall, down Orange Avenue and then to the VFW Post 10131 where there will be a Community BBQ for everyone. Commander Keck announced National Night Out is scheduled for Tuesday, October 3, 2023 at the Cape Canaveral City Park from 6-8:00 p.m. Mayor Pro Tem Raymond congratulated and thanked Public Works Services Staff for their clean- up efforts after the effects of Hurricane Idalia, discussed attending the 2023 Florida League of Cities Conference, and will be serving on the Land Use and Economic Development Policy Committee. ADJOURNMENT: The Workshop Meeting was adjourned at 7:10 p.m. Wes Morrison, Mayor Mia Goforth, City Clerk Memo As presented at the 9/6/2023 City Council Special Meeting Administrative + Financial Services TO: Honorable Mayor and Members of City Council VIA: Todd Morley, City Manager FROM: John De Leo, Administrative/Financial Services Director DATE: August 29, 2023 RE: Updated Budget Revenues and Expenditures for the Proposed Budget Detail Fiscal Year 2023-2024 The following updates/modifications to the Proposed Budget Detail Fiscal Year 2023-2024 have occurred since the August 23, 2023 Budget Workshop. At this Budget Workshop, Council came to a consensus to remove or push out the items listed below. These changes will be reflected in the upcoming Proposed Budget for Fiscal Year 2023-2024. General Fund • Strategic Planning Retreat removed from FY23-24 - $6,750. • City Hall Buildout CIP IM-13 removed - $90,000. • Resiliency Vehicle CIP RD-1 moved to FY24-25 - $26,000. • C5 Dividers CRA PRCA-10 moved to FY24-25 - $22,000. • Canaveral City Park Scoreboard PRCA-12 removed - $5,000. • Contingency increased from $203,026 to $320,776. CRA • Playground CIP CR-1 moved out to FY25-26 - $250,000. • Contingency increased from $446,051 to $728,051. Wastewater Fund • Strategic Planning Retreat removed from FY23-24 - $6,750. • Contingency increased from $36,279 to $43,029. The above actions by Council helped fortify the General Fund Contingency to a level that greatly reduces the risk for the upcoming Budget Year FY23-24. Additionally, it increased the CRA Contingency by $250,000. As read into the record at the 9/6/2023 City Council Special Meeting 5:24 PM First presentation is done, Dave. It went really well with great attendance. People here seem to be recognizing our name a city and our efforts. I think our projects and our work are definitely permeating the planning/municipal world across the state. Really cool to see/hear. CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • WEDNESDAY, SEPTEMBER 20, 2023 AGENDA ITEM SUMMARY • ITEM # 3 Subject: Resolution No. 2023-18; authorizing an addendum to the Agreement for Municipal Law Enforcement Services between the City of Cape Canaveral, Florida and Wayne Ivey, as Sheriff of Brevard County; providing for the repeal of prior, inconsistent resolutions, severability and an effective date. Departments: City Clerk's Office + Administrative/Financial Services Summary: The City and the Brevard County Sheriff's Office (BCSO) entered into an Agreement on October 1, 2022 for BCSO to provide Municipal Law Enforcement Services to the City. The City of Cape Canaveral and Wayne Ivey, in his capacity as the Sheriff of Brevard County, Florida, shall renegotiate the Agreement price each year for the term of the Agreement. The City Council annually considers/approves a resolution authorizing an addendum to the original Agreement; currently in the first year of a five-year term ending September 30, 2027. Under the Addendum put forth, the parties agree the compensation to be paid by the City to BCSO for FY 2023/24 shall be the sum of $3,623,770. Payment shall be made to BCSO by the City in twelve equal monthly installments of $301,981 payable on or before the first day of each month. This represents the total contract price of $3,754,807 minus $131,037 credit for services provided to Avon -by -the Sea, for a net pay cost of $3,623,770 for FY 2023/24. This compensation amount represents an adjusted annual increase, as provided for in the 2022 Agreement and referenced in the proposed Addendum. The net increase is 8.73% and is the result of increases to salaries and benefits, increases in operating expenses and the purchase of one new vehicle. Submitting Department Directors: Mia Goforth/John DeLeo Attachment: Resolution No. 2023-18 with Addendum Financial Impact: As reflected in the City's 2023/24 Proposed Annual Budget and in the Addendum to the Agreement, the compensation to be paid by the City to BCSO shall be $3,754,807 less $131,037 credit for Avon -by -the -Sea, for a net cost of $3,623,770 for FY 2023/24; Staff time/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. 2023-18. Approved by City Manager: Todd Morley RESOLUTION NO. 2023-18 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING AN ADDENDUM TO THE AGREEMENT FOR MUNICIPAL LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND WAYNE IVEY, AS SHERIFF OF BREVARD COUNTY; PROVIDING FOR THE REPEAL OF PRIOR, INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral desires to have the Sheriff provide Municipal Law Enforcement Services; and WHEREAS, said Agreement contains a five (5) year term commencing on October 1, 2022 and ending September 30, 2027, and provides the City and the Sheriff shall renegotiate the contract price each year for the term of the agreement. 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. Execution of Addendum. The Mayor and City Clerk are authorized to execute an Addendum to the Agreement for Municipal Law Enforcement Services between the City of Cape Canaveral and the Sheriff to provide services for the contract year October 1, 2023 through September 30. 2024. A copy of said Addendum is attached hereto and made a part hereof by this reference as if fully set forth. SECTION 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 20th day of September, 2023. [Signature Page Follows] City of Cape Canaveral Resolution No. 2023-18 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. 2023-18 Page 2 of 2 Resolution No. 2023-18 I Attachment ADDENDUM CAPE CANAVERAL LAW ENFORCEMENT AGREEMENT THIS ADDEMDUM is entered into this day of , 2023 by and between the CITY OF CAPE CANAVERAL, FLORIDA (hereinafter "CITY") and WAYNE IVEY, IN HIS CAPACITY AS THE SHERIFF OF BREVARD COUNTY, FLORIDA, a county constitutional officer and a county charter officer (hereinafter called the "Sheriff' or "BCSO") WHEREAS, the Sheriff currently provides municipal law enforcement services to the City and its citizens pursuant to that certain Cape Canaveral Law Enforcement Agreement approved by the parties and memorialized in writing by City Resolution No. 2022-20, as may be amended from time to time (hereinafter "Agreement"); and WHEREAS, the Agreement contains a five (5) year agreement commencing October 1, 2022 and ending September 30, 2027, and provides the City and Sheriff shall renegotiate the compensation to be paid by the CITY to BCSO each year for the term of the contract; and WHEREAS, the agreement requires that written agreement as to the compensation paid by CITY to BCSO for each subsequent year shall be in force by October 1st of the affected year. Should a mutually agreeable fee not be reached by September 30, of the affected year, the fee will be equal to that of the previous year, plus 4% for operational increases. This amount may be adjusted by mutual agreement after the start of the fiscal year, after CITY approves a budget; and WHEREAS, in accordance with the Agreement, the parties desire to establish the compensation to be paid by the CITY to BCSO for Fiscal Year 2023-2024 in accordance with the City's annual budget process; and WHEREAS, the parties desire to amend the Agreement for purposes of adopting the base contract price for the City's Fiscal Year 2023-2024; and NOW THEREFORE, in consideration of mutual promises, and other lawful consideration, which the parties hereby acknowledge is sufficient and received, the CITY and the BCSO agree as follows: 1.0 The foregoing recitals are hereby deemed true and correct and are hereby fully incorporated herein by reference. 2.0 Pursuant to Article VII of the agreement, the compensation to be paid by the CITY to BCSO for Fiscal Year 2023-2024 shall be the sum of $3,623,770 Payments shall be made to the BCSO by the CITY in twelve equal monthly installments of $301,981 payable on or before the first day of each month. 3.0 The Agreement is hereby ratified and shall remain in full force and effect, provided, however, the terms and conditions of the Agreement which are modified by this Addendum are repealed and superseded by the provisions set forth herein. On a periodic basis, the parties agree to cooperate and meet to discuss updates and revisions. FY 2023-2024 Addendum — City of Cape Canaveral Law Enforcement Agreement Page 1 of 2 Resolution No. 2023-18 I Attachment 4.0 The undersigned signatories hereby represent for their respective entities that they are duly authorized to execute this Addendum on behalf of their respective entity. Further, upon execution of this Addendum, the Addendum shall be deemed a binding obligation on the respective entity on whose behalf they have executed the Addendum. IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by their duly authorized representatives as of the date first written above. ATTEST: SHERIFF OF BREVARD COUNTY, FLORIDA Approved as to form and content: Laura Moody GENERAL COUNSEL FOR SHERIFF WAYNE IVEY Date Wayne Ivey SHERIFF ATTEST: CITY OF CAPE CANAVERAL Mia Goforth, CMC CITY CLERK Approved as to form and content: Anthony A. Garganese CITY ATTORNEY Date Wes Morrison MAYOR FY 2023-2024 Addendum — City of Cape Canaveral Law Enforcement Agreement Page 2 of 2 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • WEDNESDAY, SEPTEMBER 20, 2023 AGENDA ITEM SUMMARY • ITEM # 4 Subject: Resolution No. 2023-19; authorizing an addendum to the Contract for Fire Protection and Emergency Medical Services between the City of Cape Canaveral, Florida and the Cape Canaveral Volunteer Fire Department, Inc.; providing for the repeal of prior inconsistent resolutions, severability and an effective date. Department: City Clerk's Office + Administrative/Financial Services Summary: The City of Cape Canaveral Volunteer Fire Department, Inc. (CCVFD), dba Canaveral Fire Rescue (CFR), entered into a Contract on September 25, 2007 for CCVFD to provide Fire Protection and Emergency Medical Services to the City. The City Council annually considers/approves a resolution authorizing an Addendum to the original Contract, which extends through September 30, 2034. Under the Addendum put forth, the parties agree as follows: 1. The City and CCVFD entered into a Contract for Services dated September 25, 2007, and amended by resolution on May 19, 2015, which expires September 30, 2034; 2. The Contract provides that the City and CCVFD shall renegotiate the base contract each year after the first year; 3. The parties have agreed to a base annual Contract price for FY 2023/24 of $2,241,609 payable at $186,800.75 monthly. This compensation amount represents a re -negotiated base contract price increase, as provided for in the 2007 Contract and referenced in the proposed Addendum and addresses impacts related to increased regulations, increased calls, increased costs of goods and services as well as compliance with state law requiring a minimum $15 an hour wage. Submitting Department Director: Mia Goforth/John DeLeo Attachment: Resolution No. 2023-19 with Addendum Financial Impact: As reflected in the City's 2023/24 Proposed Annual Budget and in the Addendum to the Contract, the City agrees to pay CCVFD (dba CFR) the base annual Contract price of $2,241,609 payable in monthly installments of $186,800.75. Staff time/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. 2023-19. Approved by City Manager: Todd Morley RESOLUTION NO. 2023-19 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING AN ADDENDUM TO THE CONTRACT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC.; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral and the Cape Canaveral Volunteer Fire Department, Inc. have entered into that certain Contract for Services dated September 25, 2007; and Resolution No. 2015-05 was adopted on May 19, 2015 for the purposes of modifying the term for Services to expire on September 30, 2034; and WHEREAS, said Contract provides that the City and the Cape Canaveral Volunteer Fire Department, Inc. shall renegotiate the base contract each year after the first contract year. 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. Execution of Addendum. The Mayor and City Clerk are authorized to execute an Addendum to the Contract for Services between the City of Cape Canaveral and the Cape Canaveral Volunteer Fire Department, Inc. to provide for a base contract price for the contract year October 1, 2023 through September 30, 2024. A copy of said Addendum is attached hereto and made a part hereof by this reference as if fully set forth. SECTION 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 20th day of September, 2023. [Signature Page Follows] City of Cape Canaveral Resolution No. 2023-19 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. 2023-19 Page 2 of 2 Resolution No. 2023-19 I Attachment ADDENDUM THIS ADDENDUM is entered into this day of September, 2023 by and between the CITY OF CAPE CANAVERAL, FLORIDA, hereinafter called the "City", and the CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., d/b/a CANAVERAL FIRE RESCUE, a non-profit Florida corporation, hereinafter called the "Corporation." WHEREAS, the City and the Corporation have entered into that certain Contract for Services dated September 25, 2007 ("Contract"), which Contract is for a term of twenty-seven (27) years; and WHEREAS, said Contract requires the City and the Corporation to re -negotiate the base contract price for each year of the Contract after the first year; and WHEREAS, the parties have agreed to a revised Contract price for the period October 1, 2023 through September 30, 2024. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: 1. Recitals. The parties agree that the above recitals are true and correct and incorporated into the body of this Agreement by this reference. 2. Price Revision. Paragraph 13 of the Contract is amended to read as follows: "The City agrees that in return for services specified herein, it will pay the Corporation the base annual contract price of $2,241,609. The compensation provided for herein shall be paid monthly in the sum of $186,800.75. per month commencing on the first day of October 2023 and continuing on the first day of each month thereafter. The parties shall renegotiate the base contract price for each successive year of this contract annually." 4. Continuing Effect. Except as modified by this Addendum, the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned CITY OF CAPE CANAVERAL, a municipal corporation, by its duly authorized officer, has executed this instrument this 20th day of September, 2023. ATTEST: CITY OF CAPE CANAVERAL, FLORIDA a Municipal Corporation Mia Goforth, CMC By: CITY CLERK Wes Morrison, MAYOR (Corporate Seal) IN WITNESS WHEREOF, the undersigned CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., d/b/a CANAVERAL FIRE RESCUE, a non-profit corporation, by its authorized officers, has executed this instrument this day of September, 2023. ATTEST: Secretary (Corporate Seal) CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., d/b/a CANAVERAL FIRE RESCUE, a non-profit Corporation By: Dave Sargeant, FIRE CHIEF CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • WEDNESDAY, SEPTEMBER 20, 2023 AGENDA ITEM SUMMARY • ITEM # 5 Subject: Resolution No. 2023-20; reappointing members to the Culture and Leisure Services Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Mary Mosquera and Betsy Ronk) Department: City Clerk's Office Summary: The terms for Culture and Leisure Services Board (Board) Members Mary Mosquera and Betsy Ronk will expire October 1, 2023. Ms. Mosquera and Ms. Ronk were appointed to the Board on February 15, 2022, to fill vacant, unexpired terms. As each have only served a partial term up to this point, they are eligible for reappointment, and have each expressed desire to continue serving on the Board for a new, three-year term. Following the completion of these terms, Ms. Mosquera and Ms. Ronk will be eligible for reappointment for a second -consecutive three-year term, consistent with the limitations set forth in Section 2-171(f), City Code. It is now incumbent upon Council to reappoint members to the Culture and Leisure Services Board. Submitting Department Director: Mia Goforth Attachment: Resolution No. 2023-20 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. 2023-20. Approved by City Manager: Todd Morley RESOLUTION NO. 2023-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; REAPPOINTING MEMBERS TO THE CULTURE AND LEISURE SERVICES BOARD OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has, by Section 54-26, City Code, established a Board known as the Culture and Leisure Services Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to reappoint members to said board. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. Section 2. Reappointment to the Culture and Leisure Services Board. Pursuant to Section 2-171(e), City Code, the City Council of the City of Cape Canaveral hereby reappoints the following individuals to the Culture and Leisure Services Board: Mary Mosquera shall be reappointed, to serve until October 1, 2026. Betsy Ronk shall be reappointed, to serve until October 1, 2026. Following completion of these terms, these appointees 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 20th day of September, 2023. City of Cape Canaveral Resolution No. 2023-20 Page 1 of 2 Wes Morrison, Mayor ATTEST: Mia Goforth, CMC, City Clerk 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. 2023-20 Page 2 of 2 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • WEDNESDAY, SEPTEMBER 20, 2023 AGENDA ITEM SUMMARY • ITEM # 6 Subject: Resolution No. 2023-23; adopting a Development Order approving an Application filed by Michael and Collette DiChristopher, Husband and Wife, for a proposed Modified Lot Split Plan and three associated variances under Chapter 98 of the City Code related to a portion of Lot 21, Block 9, Cape Canaveral Beach Gardens Unit No. 2, according to the Map or Plat thereof, as recorded in Plat Book 17, Page(s) 81 and 82, of the Public Records of Brevard County, Florida; providing for an effective date. Department: Community and Economic Development Summary: On August 15, 2023, the City Council conducted a duly noticed public hearing regarding the property owner's (Michael and Collette DiChristopher) application proposing a Modified Lot Split Plan and associated variances under Chapter 98 of the City Code, and the City Council voted 3-2 to approve the application subject to memorializing the decision in writing. In accordance with the City Council's decision, the attached Resolution No. 2023-23, and the Development Order attached thereto, were prepared memorializing the Council's decision in writing. Submitting Department Director: David Dickey Attachment: Resolution No. 2023-23 with attached Development Order Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following actions: Adopt Resolution No. 2023-23. Approved by City Manager: Todd Morley RESOLUTION 2023-23 A RESOLUTION OF THE CITY COUNCIL OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ADOPTING A DEVELOPMENT ORDER APPROVING AN APPLICATION FILED BY MICHAEL AND COLLETTE DICHRISTOPHER, HUSBAND AND WIFE, FOR A PROPOSED MODIFIED LOT SPLIT PLAN AND THREE ASSOCIATED VARIANCES UNDER CHAPTER 98 OF THE CITY CODE RELATED TO A PORTION OF LOT 21, BLOCK 9, CAPE CANAVERAL BEACH GARDENS UNIT NO. 2, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 17, PAGE(S) 81 AND 82, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, in accordance with a Conditional Mediated Settlement Agreement by and between the City and Michael and Collette DiChristopher, husband and wife ("Applicant"), dated March 28, 2023 and approved by the City Council on April 18, 2023, the Applicant submitted a modified lot split plan and three associated variance requests pursuant to Chapter 98 of the City Code seeking a waiver from the platting requirements and several associated variances to recognize the subject Property as two separate and independent developable lots for purposes of later seeking a development permit from the City to develop the lots with two detached, single family homes under the City Code; and WHEREAS, the subject Property is located on the NW corner of E. Central Boulevard and Ridgewood Avenue within the City of Cape Canaveral, and is identified by the Brevard County Tax Collector as Tax Parcel ID Number 24-37-14-51-9-21.01 and ID Number 24-37-14-51-9- 21.02, and Applicant's General Warranty Deed, which is recorded at Brevard County Official Record Book 8203, Page 1999, describes the Property as: Parcel 1: The North 76.00 feet less the West 25.00 feet of Lot 21, Block 9, Cape Canaveral Beach Gardens Unit No. 2, according in the map or plat thereof, as recorded in Plat Book 17, Page(s) 81 and 82, of the Public Records of Brevard County, Florida. Parcel 2: Lot 21, less the North 76.00 feet less the West 25.00 feet thereof, Block 9, Cape Canaveral Beach Gardens Unit No. 2, according in the map or plat thereof, as recorded in Plat Book 17, Page(s) 81 and 82, of the Public Records of Brevard County, Florida. Parcels ID Number 24-37-14-51-9-21.01 and Parcel ID Number 24-37-14-51-9-21.02 ("Property"). City of Cape Canaveral Resolution 2023-23 Page 1 of 3 WHEREAS, having heard and considered the arguments, evidence and testimony presented, and having reviewed the entire record and being otherwise fully advised, the City Council hereby issues a development order approving the Modified Lot Split Plan and three associated variances requested under Chapter 98 of the City Code and setting forth Findings of Fact, Conclusions of Law, and Order as set forth attached Development Order. 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. Development Order. The City Council hereby adopts the Development Order attached hereto and fully incorporated herein by this reference, and the Mayor, City Clerk and City Attorney are hereby authorized to execute the same on behalf of the City Council. Section 3. Effective Date; Recording. This Resolution and attached Development Order shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. This Resolution shall be recorded by the City Clerk in the Official Records of Brevard County. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 20th day of September, 2023. Wes Morrison, Mayor ATTEST (City Seal): Mia Goforth, CMC City Clerk For Against Kim Davis Mickie Kellum Wes Morrison Angela Raymond Don Willis City of Cape Canaveral Resolution 2023-23 Page 2 of 3 Approved as to legal form and sufficiency for the City of Cape Canaveral only: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution 2023-23 Page 3 of 3 Resolution No. 2023-23 I Attachment CITY OF CAPE CANAVERAL DEVELOPMENT ORDER IN AND BEFORE THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA In re: Michael and Collette DiChristopher Date: September 20, 2023 Application: Proposed Modified Lot Split Application (Sec. 98-66, City Code) and Three Associated Variances (Sec. 98-4, City Code) On August 15, 2023 a modified lot split application and three associated variance requests were duly noticed and heard before the City Council of the City of Cape Canaveral ('City Council°) pursuant to Chapter 98, City of Cape Canaveral Code. Having heard and considered the arguments, evidence and testimony presented, and having reviewed the entire record and being otherwise fully advised, the City Council hereby issues the following Findings of Fact, Conclusions of Law, and Order as set forth herein. FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Based upon the August 15, 2023 City Council Agenda Item, and the evidence and testimony presented at the hearing, the City Council finds and concludes: 1. Michael and Collette DiChristopher, husband and wife ("Applicant"), submitted the original lot split application pursuant to Section 98-66, City Code seeking a waiver from the platting requirements of Chapter 98 — Subdivisions to recognize two tax parcels as separate and independent developable lots for purposes of later seeking a development permit from the City to develop the parcels under the City Code. 2. The Subject Property was purchased by Applicant on July 2, 2018, and is located on the NW corner of E. Central Boulevard and Ridgewood Avenue within the City of Cape Canaveral. The Brevard County Tax Collector identifies the Property as Tax Parcel ID Number 24- 37-14-51-9-21.01 and ID Number 24-37-14-51-9-21.02, and Owner's General Warranty Deed, which is recorded at Brevard County Official Record Book 8203, Page 1999, describes the Property as: Parcel 1: The North 76.00 feet less the West 25.00 feet of Lot 21, Block 9, Cape Canaveral Beach Gardens Unit No. 2, according in the map or plat thereof, as recorded in Plat Book 17, Page(s) 81 and 82, of the Public Records of Brevard County, Florida. 1 Parcel 2: Lot 21, less the North 76.00 feet less the West 25.00 feet thereof, Block 9, Cape Canaveral Beach Gardens Unit No. 2, according in the map or plat thereof, as recorded in Plat Book 17, Page(s) 81 and 82, of the Public Records of Brevard County, Florida. Parcels ID Number 24-37-14-51-9-21.01 and Parcel ID Number 24-37-14-51-9-21.02 ("Property"). 3. On December 20, 2022, the City Council adopted Resolution No. 2022-32 adopting a development order denying the original lot split application. However, the City Council, so as not to deprive Owner of all property rights to develop the Property (also referred to in the development order as the "Remainder of Lot 21"), recognized the Remainder of Lot 21, or Lot 21 as originally platted, as one developable lot for development permit purposes as intended by the City Council in 1962 when the Beach Gardens Unit 2, Block 9 Plat was approved, and in accordance with the current R-1 zoning district and other applicable codes. 4. On January 12, 2023, shortly after the adoption of Resolution No. 2022-32, the Applicant timely filed a Request for Relief pursuant to Section 70.51, Florida Statutes (Florida Land Use and Environmental Dispute Resolution Act)(hereinafter referred to as the "Act") staying the time period to file an appeal to the circuit court of the City Council's decision to adopt Resolution No. 2022-32, and invoking the Special Magistrate (hereinafter referred to as the "SM") proceeding required by the Act. 5. In furtherance of complying with the Act, the Applicant and the City agreed to the appointment of Attorney Paul Gougelman to serve as the SM, and conducted a mediation. During the mediation, a Conditional Mediated Settlement Agreement (hereinafter referred to as "Settlement Agreement") was reached subject to Council's approval at a duly noticed meeting. On March 31, 2023, SM Gougelman issued an Order Approving Mediated Agreement approving the Settlement Agreement and setting forth a variety of deadlines and contingencies depending on the outcome of future decisions made by City Council (hereinafter referred to as "SM Order"). 6. On April 18, 2023, the Council considered the SM Order and approved the Settlement Agreement allowing the Applicant to present a proposed Modified Lot Split Plan and several hardship variances for the Planning and Zoning Board's and City Council's consideration under the normal lot split and variance process under Chapter 98 of the City Code. 7. The proposed Modified Lot Split Plan is attached hereto as EXHIBIT "A." and hereby fully incorporated herein by this reference. 8. The three associated variances requested by the Applicant, and under consideration by the City Council, are related to specific requirements set forth in Chapter 98 of the City Code. The variance requests were particularly described as follows: 2 (1). Sec. 98-107(b)(3) requires that corner lots have a width at least 15 percent larger than the width of interior lots along both adjacent streets. The proposed modified lot split plan proposes two lots oriented towards Ridgewood Avenue. The proposed northern lot has a width of 62.02', and the proposed southern lot has a width of 90.00 feet'. Under the proposed modified lot split plan, the proposed southern lot will be considered a corner lot, and the proposed northern lot will be considered an adjacent interior lot. The proposed corner lot has a width that is 31 percent greater than the proposed northern adjacent lot. Regarding the adjacent tax parcel to the west, the tax parcel to the west is oriented towards E. Central Boulevard, and according to the Brevard County Property Appraiser's website, the width of that tax parcel is 100'. However, the adjacent tax parcel has also not been approved by the City for development purposes (see Res. No. 2022-32). Nevertheless, to meet the 15 percent requirement, the proposed corner lot would need to have a width of 115' when compared to the adjacent tax parcel. Therefore, a variance of 25' is required as the width of the proposed corner lot is 90'. (2). Sec. 98-107(a) — states that lots will be in conformity with zoning standards in Chapter 110 of Code. As this property is zoned R-1, minimum lot dimensions are 75 feet in width, and 100 feet in depth. As proposed in the modified lot split plan, the northern lot is 62 feet in width. This represents a 13-foot reduction to the 75-foot minimum width requirement, and correspondingly, is the variance request; and (3). Sec. 98-107(d) — which states that double and reverse frontage lots should be avoided. As indicated on the modified site plan, the proposed corner lot would be considered a double frontage lot as it has frontage on both Ridgewood Avenue, and E. Central Avenue. 9. On July 26, 2023, the Planning & Zoning Board conducted a duly noticed public hearing regarding the Applicant's proposed Modified Lot Split Plan and associated variances under Chapter 98 of the City Code, and recommended by a 4-3 vote that the City Council deny the application. 10. On August 15, 2023, the City Council conducted a duly noticed public hearing regarding the Applicant's proposed Modified Lot Split Plan and associated variances under Chapter 98 of the City Code, and by a 3-2 vote approved the application subject to memorializing the decision in writing. 11. Section 98-66 of the City Code of the City's Subdivision regulations governs lot split requests. The term "lot split" shall mean a division of a tract of land or lot that will result in the creation of exactly one additional lot or tract of land provided the lot or tract of land to be split is a previously platted lot or legal description of record. s. 98-66(a), City Code. The review criteria applicable to lot split applications is set forth in section 98-66(b)(4) and provides: (4) Review criteria. Before any lot split is recommended for approval by the planning and zoning board or approved by the city council, the applicant must demonstrate, and 3 the planning and zoning board or city council must find, that the proposed lot split meets the following criteria: a. The proposed lot split shall in every respect meet the criteria established elsewhere in this chapter and the city code for the category of zoning and other relevant codes and applicable law under which the property is zoned. b. The application is consistent with the city's comprehensive plan. c. The application does not create any Tots, tracts of land or developments that do not conform to the City Code. d. The application provides for proper ingress and egress to all affected properties through a public or approved private street or perpetual cross access easements. e. The application is compatible and in harmony with the surrounding neighborhood including with respect to the size of existing surrounding lots and development trends in the neighborhood which have been previously approved by the city council. f. The application does not create burdensome congestion on the streets and highways. g. The application promotes the orderly layout and use of land. h. The application provides for adequate light and air. i. The application does not create overcrowding of land. j. The application does not pose any significant harm to the adequate and economical provision of water, sewer, and other public services. 12. The variances requested are related to the design requirements for lots established under the City's subdivision regulations set forth in Chapter 98 of the City Code. Chapter 98 expressly provides its own variance process which is set forth in Section 98-4. Section 98-4 states that a variance to the City's subdivision regulations (Ch. 98, City Code) can only be approved when it is determined that: • strict compliance with said regulations will create a hardship, and • by approval of the variance "substantial justice may be done and the public interest secured." More specifically, Section 98-4(d) of the City Code states that a variance may be granted when it will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of these regulations will result in hardship; provided however, that economic or personal medical reasons shall not be considered as grounds for establishing hardship sufficient to qualify for a variance. In order to authorize any variance, it shall be found that all of the following factors exist: 1. Special conditions and circumstances exist which are not applicable to other lands, structures or buildings in the applicable zoning classification; and 2. The special conditions and circumstances do not result from the actions of the applicant; and 3. Granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands or structures in the 4 identical zoning classification; and 4. Literal interpretation of the provisions of these regulations would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant; and 5. The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; and 6. The granting of the variance will be in harmony with the general intent and purpose of this chapter and such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. 13. Having heard and considered the arguments, evidence and testimony presented, and having reviewed the entire record and being otherwise fully advised, the City Council hereby concludes that the proposed Modified Lot Split Plan and the three associated hardship variances described herein comply with the applicable criteria set forth in Section 98-66 and 98-4 of the City Code. BASED UPON THE FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, IT 1S HEREBY ORDERED AS FOLLOWS: The Owner's Modified Lot Split Plan for two proposed developable lots on the Property and their respective lot area, lot depth, lot width, setbacks and building envelope is hereby approved subject to the following conditions set forth in the Settlement Agreement: 1. The two lots shall be oriented east to west resulting in the front yard of the northern lot facing Ridgewood Avenue, and the front yard of the southern lot facing Ridgewood Avenue, as a well as a front yard facing E. Central Boulevard. 2. The side yard of the southern lot will be adjacent to the north property line, and the rear yard will be adjacent to the western property line. 3. Each lot shall be limited to the construction of one detached, single family home and other accessory structures in accordance with the current R-1 zoning district and other applicable codes. Each single family home shall have a minimum building footprint of 2,000 square feet. 4. The structural orientation of the single family home constructed on the northern lot shall be oriented towards Ridgewood Avenue. However, the structural orientation of the single- family home constructed on the southern lot shall be oriented towards E. Central Boulevard. 5. Notwithstanding the approval of the Modified Lot Split Plan, nothing herein shall prevent the Owner from choosing to submit a building permit application to construct only one detached single family home on the Property provided the structural orientation of the single family home is oriented towards E. Central Boulevard, and in accordance with the current R-1 5 zoning district and other applicable codes. DONE AND ORDERED at Cape Canaveral, Florida, this 20th day of September, 2023. Wes Morrison, Mayor ATTEST: Mia Goforth, City Clerk Approved as to legal form and sufficiency for the City of Cape Canaveral only: Anthony A. Garganese, City Attorney 6 OCEAN WOODS PARCEL ID: 24-37-14-84-A n ABBREVIATIONS: FND FOUND x X NAD NAIL 8 DISK TT ' ID IDENTIFICATION T I C/L CENTERLINE SET 44 REBAR 8 CAP P PLAN I ID: LS 5117) M MEASURE P.U.6 D.E. PUBLIC UTILITIES 6 DRAINAGE EASEMENT P.U.E. PUBLIC UTILITIES EASEMENT LOT 20.01. BLOCK 9 0-- N 0 O _per 0 0 z SET F34 REBAR 8 CAP (ID: LS 5117) LOT 20 BLOCK 9 '0 25.00 FEET EST 25.00 FEET SET MD (ID: PLS 5117) BEARING REFERENCE LINE N90'00'D0"E 275.00 (P) 589.54'13"E 274.91 (M) FND 44 REBAR (NO ID) 1 0 x 0 6' CL x 0 _1 N90.00'00'E 73.90 GRAPHIC SCALE I_:,_ 0 20 IN FEET 1 1 INCH - 20 FEET 0 x 40 N90°00'00"E 125.00 BUILDING ENVELOPE 90• 121.40 7,1 el VACANT LAND PARCEL 1 IE 0.17 ACRE. 7529.50 SQUARE FEET u BUILDING ENVELOPE 3.278.32 SQUARE FEET 0.075 ACRES 25.0 L 590.00'00'W 68.57 BUILDING ENVELOPE N90.00'0O"E 117.81 25.0 0 0 o; -9 BUILDING ENVELOPE N90'00'00'11 66.60 VACANT LAND PARCEL 2 0.22 ACRE. 9545.77 SOUARE FEET BUILDING ENVELOPE 3.347.69 SOUARE FEET 0.077 ACRES CURVE DATA: , RADIUS: 35.00 DELTA: 83.23'10' ARC: 50.94' 590.00'00'W 28.93 BUILDING ENVELOPE SET N80 (ID: PLS 5117) 590.00'00"W 53.93 2MIAMI CURB (TYP) CURVE DATA: RADIUS: 60.00 DELTA: 83°23'10" ARC: 87.32' SANITARY SEWER MANHOLE CENTRAL BOULEVARD (80' RIGHT OF WAY) c0 25,0 40 FND 45 REBAR (NO ID) FND 3" x 3" CONCRETE MONUMENT (ID: PRM LB762) FND 1/2" ROUND ROD FND 3" x 3" CONCRETE MONUMENT INO ID) PALM TREE (TYP) 'STOP' SIGN METAL LIGHT POLE `AN{pgft440 ?Q v 5117 r. '0 STATE OF F` FLORIDA 4.;ON.4 LA N : /444444ri411` KUGELMANN LAND SURVEYING, INC. 30 NORTH TROPICAL TRAIL. SUITE B MERRITT ISLAND. FLORIDA 32953 L.B. N0. 6575 - PHONE (321) 459-0930 MAP OF BOUNDARY SURVEY PREPARED FOR AND CERTIFIED TO: MIKE DICHRISTOPHER LEGAL. DESCRIPTION: PARCEL 1: THE NORTH 62.02 FEET LESS THE WEST 25.00 FEET OF LOT 21. BLOCK 9. CAPE CANAVERAL BEACH GARDENS UNIT N0.2 ACCORDING TO THE MAP OR PLAT THEREOF. A5 RECORDED IN PLAT BOOK 17. PAGEIS) 81 AND B2. OF THE PUBLIC RECORDS OF BREVARO COUNTY. FLORIDA. PARCEL 2: LOT 21. LESS THE NORTH 62.02 FEET AND LESS THE WEST 25.00 FEET THEREOF. BLOCK 9. CAPE CANAVERAL BEACH GARDENS UNIT NO. 2. ACCORDING TO THE MAP OR PLAT THEREOF. AS RECORDED IN PLAT BOOK 17. PAGEIS1 01 AND 82. OF THE PUBLIC RECORDS OF BREVARD COUNTY. FLORIDA. SURVEYOR'S NOTES: 1. FLOOD ZONE 'X' PER FLOW INSURANCE RATE NAP 12009C0363G. 01/29/2021. 2. FENCE OWNERSHIP UNKNOWN. 3. NO APPARENT ENCROACHMENTS NOTED. 4. SUBJECT TO ANY EASEMENTS AND/OR RIGHTS -OF -WAY OF RECORD. 5. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE SEARCH. 6. SURVEY DOES NOT WARRANT TITLE. T. UNDERGROUND FOUNDATIONS AND/OR UTILITIES NOT LOCATED AT TIME OF SURVEY. 8. THIS SURVEY WAS PREPARED FOR THE EXCLUSIVE USE OF THE CLIENT IS) SHOWN HEREON; COPIES ARE VALID ONLY WHEN SIGNED, DATED AND SEALED WITH THE SURVEYOR'S SEAL. REVISED TO ADD CITY COMMENTS 03/16/23 UPDATED SURVEY 10/25/21 DESCRIPTION DATE REVISIONS SIGNATURES DATE FIELD COMPLETION 10/26/18 DRAWN: KKW 11/01/18 CHECKED: MJF/JRM 11/01/18 SURVEYOR: DJK 11/01/18 FIELD BOOK NO.81 a 75 DWG. ND. 2018113_BNDY.OGN SCALE: 1" = 20'1 1 OF 1 PROD. N0. 2018113 SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE SURVEY DEPICTED HEREON 15 TRUE AND MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17.051. FLORIDA ADMINISTRATIVE CODE. PURSUANT TO SECTION 472.027. FLORIDA STATUTES. David J DlgitallyslgnedbyDa6dJ Kugelmann Kugelmann Da(e:2023.03.1612:5017.04ro0' DAVID J. KUGELMANN P.L.S. NO. 5117 STATE OF FLORIDA /( 1\ CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • WEDNESDAY, SEPTEMBER 20, 2023 AGENDA ITEM SUMMARY • ITEM # 7 Subject: Approve proposed task order from Kimley-Horn and Associates, Inc. in the amount of $58,450 for providing transportation engineering services for Oak Lane Road Improvements including additional engineering design, bidding services and construction management. Department: Capital Projects Summary: The City Engineer at the time (John Pekar) initiated the transportation engineering design of Oak Lane in 2021. The project includes the construction of a stormwater system, reclaimed water system, roadway (paving), and numerous other infrastructure improvements. Engineering drawings for the public bidding process were nearly complete when Mr. Pekar elected to retire and, in turn, discontinue his professional liability insurance. In addition, the engineering drawings were not yet adequate for public bidding purposes or submittal to a construction contractor. Therefore, Staff determined that another transportation engineering consultant was required to fully complete the engineering drawings and requested a cost estimate from Kimley-Horn and Associates, Inc. (KHA). Description of KHA Services: As requested by Staff, KHA reviewed the existing engineering plans for the project and determined that a number of revisions were required including: • Task 1: Update engineering plans to bring them to a final plans level; • Task 2: Perform additional drainage calculations and provide Staff with a comprehensive drainage report; and • Task 3: Provide bidding and construction phase services for the duration of the project. Staff will provide additional historical information, surveys, reports, easement documents and specifications to further define project objectives. Upon completion of the revised engineering drawings, the bidding package will be advertised on the City web page, the Florida Today and Demandstar (computer bidding service) for public bids. KHA's cost estimate further defining the proposed project tasks is attached. Selected Firm: After review of engineering firm qualifications for similar -type projects, Staff selected KHA of Orlando, Florida to provide a task order to perform the recommended tasks. KHA is one of the engineering firms selected by the City for Continuing Professional Engineering/ Surveying, Planning, Consulting and Architectural Services through the Consultants' Competitive Negotiation Act (CCNA). A Master Services Agreement for these services was signed in July 2018 between the City and KHA; a one-year extension to the Agreement was signed in July 2023. KHA was also recently selected to serve as the City Engineer. Submitting Department Director: Jeff Ratliff Attachment: Kimley-Horn Proposal for Transportation Engineering Services Financial Impact: $58,450 to KHA for providing transportation engineering services for Oak Lane Road Improvements including additional engineering design, bidding services and construction management funded by the General Fund. Staff time and effort to complete this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo City of Cape Canaveral City Council Meeting • Wednesday, September 20, 2023 Agenda Item # 7 Page 2 of 2 The City Manager recommends the City Council take the following actions: Approve proposed task order from Kimley-Horn and Associates, Inc. in the amount of $58,450 for providing transportation engineering services for Oak Lane Road Improvements including additional engineering design, bidding services and construction management. Approved by City Manager: Todd Morley Kimley>»Horn August 16, 2023 Mr. Tim Carlisle Capital Projects Deputy Director City of Cape Canaveral 110 Polk Avenue Cape Canaveral, FL 32920 Re: Oak Lane Road — Cape Canaveral, FL Proposal for Transportation Engineering Services Dear Mr. Tim Carlisle: Kimley-Horn and Associates, Inc. ("Kimley-Horn" or "the Consultant") is pleased to submit this proposal to City of Cape Canaveral ("the Client") for providing professional engineering services for the Oak Lane Road improvements in accordance with the terms of the Master Signed Agreement between the City of Cape Canaveral and Kimley-Horn dated July 23, 2018, and renewed May 25, 2023. PROJECT UNDERSTANDING Oak Lane Road (the "Project") consists of paving and drainage improvements on Oak Lane Road from North Atlantic Blvd. to the cul-de-sac at the end of Oak Lane Road (approximately 700 linear feet) and within the drainage easement that is running from the cul-de-sac to the canal. The Oak Lane Road improvements will include paving, curb and gutter, drainage inlets/pipes and swales. It is our understanding the Client has previously completed signed and sealed 100% plans for the Project. Since the 100% plans, additional utility improvements have been proposed along Oak Lane. The Client has requested that the Consultant update the plans and incorporate the proposed utility improvements. The intent of this project is to utilize as much of the original design intent as possible. Construction plans will be submitted to the Client for review at 60% and final stage. SCOPE OF SERVICES TASK 1.0 — ROADWAY DESIGN ANALYSIS AND PLANS Kimley-Horn will analyze the proposed roadway improvements designed in the existing 100% signed and sealed plans. Kimley-Horn will re-create the previously designed roadway plans where necessary and make plan updates to bring them to final plans level. Kimley-Horn will produce the roadway plans in accordance with the City of Cape Canaveral's Subdivision regulations of the Land Development Code. The construction plan sheets will be prepared on 11"x17" sheets at a horizontal scale of 1" = 20'. Various roadway elements such as pavement width, curbs, drainage elements, and right-of-way and easement lines will be shown and dimensioned. The plans will include one (1) typical section to depict the outside edge of roadway and other elements within the right-of-way. The plans will be prepared based on topographic survey, right of way survey, utility designations and soft digs, and geotechnical information provided by the Client. Existing underground utilities will be shown based on information provided by the utility companies or as identified by survey information provided by the Client. Soil profiles from geotechnical auger borings provided by the Client will be shown in the cross sections or plans, as appropriate. Kimley-Horn will submit a 60% progress set for review by the Client. Kimley-Horn will respond to one (1) round of comments provided for the progress set prior to completing final designs. We have assumed up kimley-horn.com 189 South Orange Avenue, Suite 1000, Orlando, FL 32801 407 898 1511 Kimley»>Horn Page 2 to two (2) rounds of review and plan revisions of the final construction documents. Any additional revisions will be provided as an additional service to this Agreement. TASK 2.0 — DRAINAGE DESIGN ANALYSIS AND PLANS Kimley-Horn will analyze the proposed storm sewer layout completed in the existing 100% signed and sealed plans. The intent is to utilize as much of the original design as possible. Kimley-Horn will design the stormwater system design will consider the original design and permitting approach. The drainage analysis will include the following: • Perform one (1) field review • Perform a general review of existing permits for background data pertinent to the project area. • Analyze the proposed storm sewer system and complete storm sewer tabulations and spread calculations. • Provide the City with the final hydraulic drainage calculations and a drainage report for the proposed design. Kimley-Horn will prepare drainage plan sheets, notes, and details. The plans will include the following sheets necessary to convey the intent and scope of the project for the purposes of construction. Drainage Map(s) • Miscellaneous Drainage Detail Sheets • Erosion Control Plan Sheet(s) • Stormwater Pollution Prevention Plan (SWPPP) Sheet(s) Drainage structure cross sections are not included in this task and can be provided as an additional service if required. This task does not include design or analysis for offsite stormwater ponds or linear treatment facilities which can be provided as an additional service if required. The permit exemption that has already been obtained through the St Johns River Water Management District (SJRWMD) is still valid, therefore re -permitting the project through the SJRWMD is not included in this scope. TASK 3.0 — CONSTRUCTION PHASE SERVICES Kimley-Horn will be available to provide construction phase services, as requested, for the following services: • Attendance at one (1) Pre -Construction meeting with Contractor, and/or City staff • Attend up to four (4) site visits and up to four (4) construction progress meetings, as requested by the Client • Review and provide written responses to up to five (5) rounds of shop drawing submittals for the improvements controlled by the construction documents • Provide written responses to the Client for up to five (5) contractor Requests for Information ("RFI") • Review, mark up and transmit up to five (5) material certifications and product data from the contractor as required by the contract documents. • Provide up to two (2) reviews of the as -built drawings • Review and approve contractor pay requests, as required. • Submit Certifications of Completion to appropriate agencies, as required. Kimley-Horn has assumed up to 60 hours of effort for this task, based upon the services listed above. Additional services or hours required can be provided as an additional service to this Agreement. 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 the Consultant have any authority or responsibility to stop or direct the work of any contractor. The Consultant's visits shall be for the purpose of endeavoring to provide the Client a greater degree of confidence that the completed work kimley-horn.com 189 South Orange Avenue, Suite 1000, Orlando, FL 32801 407 898 1511 Kimley>»Horn Page 3 of its contractors will generally conform to the construction documents prepared by the Consultant. The Consultant neither guarantees the performance of contractors, nor assumes responsibility for any contractor's failure to perform their work in accordance with the contract documents. ADDITIONAL SERVICES Any services not specifically provided for in the above scope will be billed as additional services and performed at our then current hourly rates. Additional services we can provide include, but are not limited to, the following: • Survey and geotechnical data collection • Soft Digs or Utility Locates • Roadway improvements beyond that described above • Temporary Traffic Control Plans ("TTCP") • Signal design • Design of offsite stormwater ponds or linear treatment facilities • Drainage structure cross sections • SJRWMD ERP permitting • Lighting design • Structural design • Attendance at additional meetings • Coordinated signal timings • Landscape and hardscape renderings or design • Traffic analysis or data collection • Traffic Analysis or development of offsite mitigation strategies, costs, or schedules, etc. INFORMATION PROVIDED BY CLIENT Kimley-Horn will rely upon the accuracy and completeness of all documents, surveys, reports, plans and specifications provided by the Client, the Client's consultants or by others for whom Kimley-Horn is not legally responsible. The Client acknowledges that verifying the accuracy and completeness of such items is not part of the Kimley-Horn's scope of services. The following information will be provided by the Client: • 100% signed and sealed plans (dated 6/16/22) and CAD files • Access to the site, as needed • Boundary and Topographic Survey o Design level B survey, locate the existing right-of-way, and produce a right- of -way base map of the referenced roadway and intersections. Information to be identified consists of locations and elevations of curbs, gutters, pavement markings, above ground utilities, visible features of underground utilities, identification of existing utilities, existing drainage structures with invert elevations, and establishment of roadway baselines with reference points. o A formal signed -and -sealed project network control sheet in FDOT format (if available). • Geotechnical Analysis • Subsurface Investigation SCHEDULE Kimley-Horn will provide services as expeditiously as possible to meet a mutually -agreed -upon schedule. kimley-horn.com 189 South Orange Avenue, Suite 1000, Orlando, FL 32801 407 898 1511 Kimley»>Horn FEE AND BILLING Page 4 Kimley-Horn will perform the services in Task 1 through Task 3 for the total lump sum fee of $58,450 as outlined below. In addition to the lump sum fee, direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses will be billed at 1.15 times cost. All permitting, application, and similar project fees will be paid directly by the Client. Task Description Fee 1.0 ROADWAY DESIGN ANALYSIS AND PLANS $28,000 2.0 DRAINAGE DESIGN ANALYSIS AND PLANS $18,450 3.0 CONSTRUCTION PHASE SERVICES $12,000 Total Lump Sum Labor Fee $58,450 Lump sum fees will be invoiced monthly based upon the overall percentage of services performed. Reimbursable expenses will be invoiced based upon expenses incurred. Payment will be due within 25 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number. AUTHORIZATION We appreciate the opportunity to provide these services to you. This agreement must be signed within 60- days without being subject to our revision. All other terms and conditions of our Master Signed Agreement between the City of Cape Canaveral and Kimley-Horn dated July 23, 2018, and renewed May 25, 2023, shall remain in full force and effect. Please contact us if you have any questions. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. (Signature) (Signature) Eric Benson, P.E. Brent Lenzen, P.E. Project Manager Vice President 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, FL 32801 407 898 1511 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • WEDNESDAY, SEPTEMBER 20, 2023 AGENDA ITEM SUMMARY • ITEM # 8 Subject: Approve the Sixteenth Addendum to Professional Services Agreement for Fertilization, Insect, Disease, Weed Control and Pest Control Services in the amount of $64,448.47 with Black's Spray Service, Inc. and authorize the City Manager to execute same. Department: Public Work Services Summary: This contract was awarded to Black's Lawn Care and Pest Control, Inc. (Black's) in 2008 for providing services including fertilization, disease and weed control of turf areas and the Central (Canaveral) Ditch. A contract for pest control services for all City buildings was awarded to Black's in 2010. Total cost for all services is $64,448.47, which is a five point seven four (5.74) percent increase from the prior year. The cost increase includes inflationary impact as well as additional services for the City of Cape Canaveral Cape Center building and grounds. Black's will continue to use products that eliminate the use of Glyphosate and Nitrogen. In general, Staff is very pleased with the level of service and customer support provided by Black's. The initial Professional Services Agreement between the City and Black's allowed for five (5) extensions of one-year periods. • The Seventh Addendum to the Agreement (executed in 2014 with an expiration of September 30, 2015) provided that "the parties shall have the option to extend the term of this Agreement for two (2) additional one-year periods." • The Eighth Addendum provided for a one-year extension period, which expired on September 30, 2016. • The Ninth Addendum provided for a one-year extension period, which expired September 30, 2017. • The Tenth Addendum provided for a one-year extension period, which expired on September 30, 2018. • The Eleventh Addendum provided that the parties shall have the option to extend the term of this Agreement for five (5) additional one-year periods, and expired September 30, 2019. • The Amended Twelfth Addendum provided for a one-year extension period, which expired on September 30, 2020. • The Thirteenth Addendum provided for a one-year extension period, which expired on September 30, 2021. • The Fourteenth Addendum provided for a one-year extension period, which expired on September 30, 2022. • The Fifteenth Addendum provided for a one-year extension period, which will expire on September 30, 2023. • The Sixteenth Addendum (Attached) provides for a one-year extension period, which will expire on September 30, 2024 Submitting Department Director: June Clark Attachment: Sixteenth Addendum to Professional Services Agreement with Exhibit "1" FY2023-2024 Bid Tab Sheets City of Cape Canaveral City Council Meeting • Wednesday, September 20, 2023 Agenda Item # 8 Page 2 of 2 Financial Impact: $64,448.47 with Black's for Fertilization, Insect, Disease, Weed Control and Pest Control Services funded by Departments throughout the City; 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 the Sixteenth Addendum to Professional Services Agreement for Fertilization, Insect, Disease, Weed Control and Pest Control Services in the amount of $64,448.47 with Black's Spray Service, Inc. and authorize City Manager to execute same. Approved by City Manager: Todd Morley SIXTEENTH ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT THIS SIXTEENTH ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT ("Sixteenth Addendum") is made and entered this day of , 2023 by and between the CITY OF CAPE CANAVERAL, a Florida municipal corporation, whose principal address is 100 Polk Avenue, Cape Canaveral, Florida, 32920 ("City"), and BLACK'S SPRAY SERVICE, INC., a Florida corporation, whose principal address is 3625 North Courtenay Parkway, Merritt Island, Florida 32953 ("Contractor"). WITNESSETH: WHEREAS, the City and Contractor previously entered into a Professional Services Agreement ("Agreement") for fertilization, insect, disease, and weed control of turf areas and weed control of the Central Ditch; and WHEREAS, the Agreement, as amended by several addenda, terminates on September 30, 2023; and WHEREAS, the parties mutually desire to extend the term of the agreement as set forth herein, and the City desires to waive the competitive bidding process for the purpose of extending the term of the agreement; and WHEREAS, this Sixteenth Addendum is in the best interests of the health, safety and welfare of the citizens of the City of Cape Canaveral; and NOW THEREFORE, in consideration of the mutual promises contained herein, the City and Contractor hereby agree as follows: ARTICLE 1 — RECITALS The foregoing recitals are hereby deemed true and correct and are hereby incorporated herein by this reference. ARTICLE 2 — EXTENSION OF TERM The City and Contractor hereby agree to extend the term of the Agreement for one (1) year, commencing on October 1, 2023 and terminating on September 30, 2024. The parties shall have the option to extend the term of this Agreement for two (2) additional one (1) year periods. Any such extension shall be by mutual written agreement of all parties and shall be executed no less than ninety (90) days prior to the expiration of this Agreement's current term. Sixteenth Addendum to Professional Services Agreement City of Cape Canaveral / Black's Spray Service, Inc. Page 1 of 2 ARTICLE 3 — PAYMENT OF CONTRACTOR Article 6 of the Agreement, which addresses payment of contractor, is hereby deleted in its entirety and replaced with the following language: The City shall pay to Contractor $64,448.47 for chemical applications (e.g., fertilization, insect control, and weed control) as described in Exhibit "1," Chemical Applications Bid Tab Sheet. The Contractor will invoice the City on a monthly basis. This is a not -to -exceed price Agreement. Invoices received from the Contractor pursuant to this Agreement will be reviewed and approved by the Agreement Administrator, indicating that the services being invoiced are in conformity with the Agreement. The invoices will be sent to the Finance Department for payment. Payments shall be processed consistent with the Florida Local Government Prompt Payment Act. ARTICLE 4 — OTHER PROVISIONS Any other term or provision of the Agreement not expressly modified by this Sixteenth Addendum, or the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth or Fifteenth Addenda, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this sixteenth Addendum as of the day and year first above written. CITY: City of Cape Canaveral, Florida, a Florida municipal corporation. Attest: By: By: Mia Goforth, City Clerk WITNESSES: Print Name: Print Name: Todd Morley, City Manager CONTRACTOR: Black's Spray Service, Inc., a Florida corporation. By: Carlos S. Boyer, President Sixteenth Addendum to Professional Services Agreement City of Cape Canaveral / Black's Spray Service, Inc. Page 2 of 2 Exhibit "1" - Chemical Applications Bid Tab Sheet City of Cape Canaveral Chemical Applications BID TAB SHEET FY 2023/24 UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES YEAR A City Hall,Cape Center,Sheriffs Annex, Library Turf Applications(Liquid) $ 190.94 6 $ 1,145.64 Annex-111 Polk Ave. Ornamental Fertilization(Liquid) $ 416.60 2 $ 833.20 City Hall/Cape Center-100/105 Polk Ave Tree Fertilization(Liquid) $ 115.72 2 $ 231.44 Herbicide Applications $ 167.57 10 $ 1,675.70 Library-201 Polk Ave. City Hall-$150.43X6; Sheriff's Annex-$75.22X6; Rec Center-$75.22X6; Canaveral Park-$63.00X6; Manatee Park-$57.75X6; Facilities Pest Control Banana River Park-$57.75x6; Public Works-$144.65X6; Streets-$63.65X6; Fire Dept-$56.18x6; Five C's-$146.67x6; $ 965.74 6 $ 5,794.44 Cape Center- $75.22X6; B Recreation Complex Turf Applications(Liquid) $ 121.51 6 $ 729.06 Ornamental Fertilization(Liquid) $ 138.86 2 $ 277.72 7300 N Atlantic Ave. Tree Fertilization(Liquid) $ 34.71 2 $ 69.42 Herbicide Applications $ 115.50 10 $ 1,155.00 C Xeriscape Park South Side of City Hall 105 Polk Ave.between Polk and Taylor Herbicide Applications Avenues $ - 10 $ - D Veteran's Memorial Park Turf Applications(Liquid) $ 34.71 6 $ 208.26 Adjacent to Library Ornamental Fertilization(Liquid) $ 52.07 2 $ 104.14 201 Polk Ave. Herbicide Applications $ 63.42 10 $ 634.20 Page 1 of 8 Exhibit"1" City of Cape Canaveral Chemical Applications BID TAB SHEET FY 2023/24 APPLICATION AREAS (Continued) UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES YEAR E Bennix Park Turf Applications(Liquid) $ 173.59 6 $ 1,041.54 Washington Ave. Ornamental Fertilization(Liquid) $ 156.22 2 $ 312.44 (Between N.Atlantic and Rosalind Ave.) Tree Fertilization(Liquid) $ 69.44 2 $ 138.88 Herbicide Applications $ 98.13 10 $ 981.30 F Canaveral & Canaveral Beach Blvd Turf Applications (Liquid) $ 208.30 6 $ 1,249.80 Ornamental Fertilization (Liquid) $ 121.51 2 $ 243.02 Medians Only Tree Fertilization (Liquid) $ 52.07 2 $ 104.14 Herbicide Applications $ 115.50 10 $ 1,155.00 G N Ridgewood,E Central,W Central Turf Applications(Liquid) $ 416.60 6 $ 2,499.60 Ornamental Fertilization (Liquid) $ 243.01 2 $ 486.02 Tree Fertilization (Liquid) $ 69.44 2 $ 138.88 Herbicide Applications $ 271.72 10 $ 2,717.20 H Cape View Tree Line and Kindergarten Turf Applications (Liquid) $ 17.36 6 $ 104.16 Cape View Elementary School Ornamental Fertilization (Liquid) $ 17.36 2 $ 34.72 8840 Rosalind Ave. Tree Fertilization (Liquid) $ 52.07 2 $ 104.14 Herbicide Applications $ 46.06 10 $ 460.60 Page 2 of 8 Exhibit"1" City of Cape Canaveral Chemical Applications BID TAB SHEET FY 2023/24 APPLICATION AREAS (Continued) UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES YEAR I Harbor Heights Turf Applications (Liquid) $ 37.14 6 $ 222.84 Harbor Dr. Ornamental Fertilization (Liquid) $ 34.71 2 $ 69.42 (Off North Atlantic Ave.) Tree Fertilization (Liquid) $ 17.36 2 $ 34.72 Herbicide Applications $ 63.42 10 $ 634.20 J North Atlantic Avenue Turf Applications (Liquid) $ 34.71 6 $ 208.26 Ornamental Fertilization (Liquid) $ 480.24 2 $ 960.48 Tree Fertilization (Liquid) $ 480.24 2 $ 960.48 Herbicide Applications $ 433.72 10 $ 4,337.20 K Canaveral City Park and Ball Park Turf Applications (Liquid) $ 208.30 6 $ 1,249.80 Ornamental Fertilization (Liquid) $ 17.36 2 $ 34.72 7920 Orange Ave-(Top Choice-Both $ - Infields and Outfields;Playground;and, Herbicide Applications Pavilion) $ 63.42 10 $ 634.20 Turf Application Little League Infield $ 86.79 12 $ 1,041.48 Top Choice Application $1,272.93 1 $ 1,272.93 L Center Street Park and Streetscape Turf Applications (Liquid) $ 17.36 6 $ 104.16 West End of Center St. Ornamental Fertilization (Liquid) $ 104.15 2 $ 208.30 (Off N.Atlantic Ave.) Tree Fertilization (Liquid) $ 34.71 2 $ 69.42 Herbicide Applications $ 144.43 10 $ 1,444.30 Page 3 of 8 Exhibit"1" City of Cape Canaveral Chemical Applications BID TAB SHEET FY 2023/24 APPLICATION AREAS (Continued) UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES YEAR M South City Entrance Skin Turf Applications (Liquid) $ - Ornamental Fertilization (Liquid) $ 17.36 2 $ 34.72 N Atlantic Ave. Tree Fertilization (Liquid) $ 17.36 2 $ 34.72 (Between Grant Ave.and Johnson Ave.) Herbicide Applications $ 46.06 10 $ 460.60 N A1A Landscaped Areas Ornamental Fertilization (Liquid) $ 260.37 2 $ 520.74 Tree Fertilization (Liquid) $ 260.37 2 $ 520.74 Herbicide Applications $ 271.72 10 $ 2,717.20 O Patriot's Park Turf Applications (Liquid) $ 34.71 6 $ 208.26 West End of Longpoint Rd. Ornamental Fertilization (Liquid) $ 17.36 2 $ 34.72 (W side of N Atlantic Avenue) Tree Fertilization (Liquid) $ 17.36 2 $ 34.72 Top Choice-Playground Herbicide Applications $ 63.42 10 $ 634.20 Top Choice Application $ 115.72 1 $ 115.72 P Columbia Drive Turf Applications (Liquid) $ 52.07 6 $ 312.42 Ornamental Fertilization (Liquid) $ - Tree Fertilization (Liquid) $ 34.71 2 $ 69.42 Herbicide Applications $ - Page 4 of 8 Exhibit"1" City of Cape Canaveral Chemical Applications BID TAB SHEET FY 2023/24 APPLICATION AREAS (Continued) UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES YEAR Q Thurm Blvd Medians Turf Applications (Liquid) $ 34.71 6 $ 208.26 Ornamental Fertilization (Liquid) $ 17.36 2 $ 34.72 Herbicide Applications $ - R Manatee Park Turf Applications (Liquid) $ 34.71 6 $ 208.26 801 Thurm Blvd(Park located on river just Ornamental Fertilization (Liquid) $ 52.07 2 $ 104.14 north of Cape Canaveral Public Works Tree Fertilization (Liquid) $ 69.44 2 $ 138.88 Facility-Top Choice-Pavilion,Exercise Trail Herbicide Applications $ 375.87 10 $ 3,758.70 and Bench Areas Top Choice Application $ 867.91 1 $ 867.91 S Banana River Park Turf Applications (Liquid) $ 173.59 6 $ 1,041.54 Ornamental Fertilization (Liquid) $ 26.04 2 $ 52.08 901 Thurm Blvd-Top Choice Areas-Soccer Tree Fertilization (Liquid) $ 95.48 2 $ 190.96 Field and Playground Herbicide Applications $ 132.85 10 $ 1,328.50 Top Choice Application $ 810.04 1 $ 810.04 T N City Entrance Skin A1A Turf Applications (Liquid) 6 $ - North End of Cape Canaveral on west side of Ornamental Fertilization (Liquid) $ 17.36 2 $ 34.72 Astronaut Blvd. Tree Fertilization (Liquid) 2 $ - Herbicide Applications $ 46.06 10 $ 460.60 Page 5 of 8 Exhibit"1" City of Cape Canaveral Chemical Applications BID TAB SHEET FY 2023/24 APPLICATION AREAS (Continued) UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES YEAR U N Atlantic Entrance Sign Turf Applications (Liquid) 6 $ - North end of Cape Canaveral on west side of Ornamental Fertilization(Liquid) $ 17.36 2 $ 34.72 N.Atlantic Ave.by Port Entrance Herbicide Applications $ 46.06 10 $ 460.60 V Water Reclamation Plant Turf Applications (Liquid) 6 $ - Ornamental Fertilization (Liquid) $ 34.21 2 $ 68.42 701 Thurm Blvd. Tree Fertilization (Liquid) $ 104.15 2 $ 208.30 Herbicide Applications $ - 10 $ - North and south sides of West Central Blvd W AQUATICS between Southgate Mobile Homes and Oak Manor Drive- $256.80X12=$3,081.60; Manatee Park Ponds-$42.80X12=$513.60; Water Treatment Plant Ponds- $42.80X12=$513.60 Aquatic Herbicide Application $ 359.52 12 $ 4,314.24 X Sandpiper Park Playground (Canaveral Ballpark) Turf Applications (Liquid) $ 69.44 6 $ 416.64 Y RIDGEWOOD AVE Turf Applications (Liquid) $ 258.29 6 $ 1,549.74 Ornamental Fertilization (Liquid) $ 177.05 2 $ 354.10 Ridgewood Ave. Tree Fertilization (Liquid) $ 104.15 2 $ 208.30 Herbicide Applications $ 208.07 10 $ 2,080.70 Top Choice $ - 1 $ - Aquatic Herbicide Application $ - 4 $ - Z 5 C building Turf Applications (Liquid) $ 258.29 6 $ 1,549.74 Recreation Complex Ornamental Fertilization (Liquid) $ 246.75 2 $ 493.50 Herbicide Applications $ 131.25 10 $ 1,312.50 Page 6 of 8 Exhibit"1" BID TAB SHEET GRAND TOTAL TURF AREAS I I $ 13,749.72 TOP CHOICE I I $ 3,066.60 ORNAMENTALS I I $ 5,223.41 TREES I I $ 3,257.56 HERBICIDE APPLICATION I I $ 29,042.50 AQUATIC APPLICATION I I $ 4,314.24 FACILITIES PEST CONTROL I I $ 5,794.44 GRAND TOTAL OF CHEMICAL BID AREA $ 64,448.47 Page 7 of 8 Exhibit"1" VENDOR INFORMATION COMPANY NAME: Black's Spray Service,Inc COMPANY REPRESENTATIVE: Carlos Boyer,President MAILING ADDRESS: 3625 N.Courtenay Pkwy, Merritt Island,FL 32953 OFFICE-321-452-4911 PHONE: MOBILE-321-794-6096 Page 8 of 8 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • WEDNESDAY, SEPTEMBER 20, 2023 AGENDA ITEM SUMMARY • ITEM # 9 Subject: Approve the Fourth Addendum to Professional Services Agreement for Mowing and Landscaping Services in the amount of $289,125.32 with U.S. Lawns of Brevard (dba Micnor Corporation) and authorize City Manager to execute same. Department: Public Works Services Summary: The City and U.S. Lawns of Brevard (U.S. Lawns) entered into a Professional Services Agreement on February 18, 2020 following a City Council approved contract for the City's Mowing and Landscaping Services on all City -owned areas, including FDOT areas in the City's rights -of -way. The Agreement between the City and U.S. Lawns allows for five (5) one-year extensions. Staff is very pleased with the services provided by U.S. Lawns. For FY2023/2024, U.S. Lawns price has increased by $12,007.38 (4.33%), from an amount of $277,117.94 in FY2022/2023 and has increased to $289,125.32 for FY2023/2024. This increase reflects the addition of the CAPE Center landscaping, additional palm tree trimming not previously accounted for, and adjustments of cuts per year of some of the mowing areas to better reflect the service the City is now receiving. Landscape Services include the trimming of palms on City -owned right-of-ways, parks and properties. U.S. Lawns will continue using green products (glyphosate and nitrogen -free) for weed control throughout all City -owned landscape beds, curbs and sidewalks. Pricing for the one-year contract is included in Exhibit 1. The existing Addendum 3 Agreement will expire on September 30, 2023. The proposed Fourth Addendum to the Professional Services Agreement is attached and reflects the increased total contract amount of $289,125.32. • Original seven (7) month contract expired on September 30, 2020 and provided for five (5) one-year extensions; • Addendum 1 expired on September 30, 2021; • Addendum 2 expired on September 30, 2022; • Addendum 3 will expire on September 30, 2023; • Addendum 4 extends the Professional Services Agreement for one year (from October 1, 2023 to September 30, 2024); Submitting Department Director: June Clark Attachment: Fourth Addendum to Professional Services Agreement with U.S. Lawns of Brevard (dba Micnor Corp), with Exhibit 1 FY2023/2024 Bid Tab Sheets. Financial Impact: $289,125.32 for the Mowing and Landscaping Contract to U.S. Lawns of Rockledge, Florida and funded by various City Departments; 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 Fourth addendum to Professional Services Agreement for Mowing and Landscaping Services in the amount of $289,125.32 with U.S. Lawns of Brevard (dba Micnor Corporation) and authorize City Manager to execute same. Approved by City Manager: Todd Morley FOURTH ADDENDUM TO U.S. LAWNS OF BREVARD PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered this day of , 2023 by and between the CITY OF CAPE CANAVERAL, a Florida municipal corporation, whose principal address is 100 Polk Avenue, Cape Canaveral, Florida 32920 ("City"), and U.S. LAWNS OF BREVARD (DBA MICNOR CORPORATION), a Florida corporation, whose principal address is 374 Commerce Parkway, Rockledge, Florida 32955 ("Contractor"). WITNESSETH: WHEREAS, the City and Contractor previously entered into the February 18, 2020 "U.S. Lawns of Brevard Professional Services Agreement" ("Agreement") following an award of the City's "Mowing/Maintenance of City Landscaped Areas, Rights -of -Way, Water Reclamation Plant, and Lift Stations and Mowing/Slope Mowing of the Central Ditch" contract to Contractor; and WHEREAS, the agreement is scheduled to terminate on September 30, 2023; and WHEREAS, the parties mutually desire to extend the term of the Agreement as set forth herein; and WHEREAS, this Agreement is in the best interests of the health, safety and welfare of the citizens of the City of Cape Canaveral; and NOW THEREFORE, in consideration of the mutual promises contained herein, the City and Contractor hereby agree as follows: ARTICLE 1 — RECITALS The foregoing recitals are hereby deemed true and correct and are hereby incorporated herein by this reference. ARTICLE 2 — EXTENSION OF TERM The City and Contractor hereby agree to extend the term of this Agreement for one (1) year, commencing on October 1, 2023 and terminating at midnight on September 30, 2024. The parties shall have the option to extend the term of this Agreement for two (2) additional one (1) year periods. Any such extension shall be by mutual written agreement of all parties and shall be executed no less than ninety (90) days prior to the expiration of this Agreement's current term. ARTICLE 3 — SCOPE OF SERVICES Contractor shall do, perform, deliver and carry out, in a professional manner, the types of services as set forth in Exhibit 1, Scope of Services, attached hereto and fully incorporated herein by this reference. ARTICLE 4 — PAYMENT OF CONTRACTOR The City shall pay to Contractor $ 289,125.32 for mowing and maintenance of certain landscaped areas of the City and of the Central Ditch, as described in Exhibit 1, Scope of Services. The Contractor will invoice the City on a monthly basis. This is a not -to -exceed price Agreement. Fourth Addendum to Professional Services Agreement City of Cape Canaveral/U.S. Lawns of Brevard Page 1 of 2 Invoices received from the Contractor pursuant to this Agreement shall be reviewed and approved by the Agreement Administrator, indicating that the services being invoiced are in conformity with the Agreement. The invoices shall be sent to the Finance Department for payment. Payments shall be processed consistent with the Florida Local Government Prompt Payment Act. ARTICLE 5 — NOTICE All notices required in the Agreement shall be sent by certified mail, return receipt requested, and if sent to the City, shall be mailed to: June Clark, Public Works Services Director City of Cape Canaveral PO Box 326 Cape Canaveral, Florida 32920 And if sent to the Contractor, shall be mailed to: Copy to: Todd Morley, City Manager City of Cape Canaveral PO Box 326 Cape Canaveral, Florida 32920 Brandon Silverstein, Owner U.S. Lawns of Brevard 374 Commerce Parkway Rockledge, Florida 32940 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. Attest: By: Mia Goforth, City Clerk WITNESSES: Print Name: Print Name: CITY: City of Cape Canaveral, Florida, a Florida municipal corporation. By: Todd Morley, City Manager CONTRACTOR: U.S. Lawns of Brevard, a Florida corporation. By: Print Name: Title: Fourth Addendum to Professional Services Agreement City of Cape Canaveral/U.S. Lawns of Brevard Page 2 of 2 Exhibit 1 - Scope of Services City of Cape Canaveral Mowing and Landscape Maintenance Bid #2020-01 TAB SHEET Revised 2023-24 for Inflation BID AREA I TIMES PER UNIT COST TOTAL COST ADDRESS/NOTES LANDSCAPED AREAS YEAR City Hall,Cape Center,BCSO,Canaveral City Hall-100 Polk Ave. A Fire and Rescue,Community and Economic Development,Library BCSO Precinct- 111 Polk Ave. Mowing Operations $ 229.38 44 $ 10,092.72 Hedge Trimming $ 364.00 12 $ 4,368.00 Canaveral Fire and Rescue-190 Jackson Ave. Weed Spraying $ 44.69 12 $ 536.28 Cape Center- 105 Polk Ave. Palm Trimming (57-[45 IM;12 Lib]) $ 25.75 57 $ 1,467.75 Library-201 Polk Ave. B Recreation Complex Mowing Operations $ 196.69 44 $ 8,654.36 7300 N.Atlantic Ave.(SR A1A) Hedge Trimming $ 317.65 12 $ 3,811.80 Palm Trimming (20) $ 25.75 20 $ 515.00 C Xeriscape Park Mowing Operations $ 45.24 44 $ 1,990.56 South Side of Cape Center Hedge Trimming $ 80.64 12 $ 967.68 (105 Polk Ave.)between Polk and Taylor Ave. Palm Trimming (4) $ 25.75 4 $ 103.00 D Veteran's Memorial Park Mowing Operations $ 78.67 44 $ 3,461.48 Adjacent to Library Hedge Trimming $ 80.64 12 $ 967.68 (201 Polk Ave.) Palm Trimming (6) $ 25.75 6 $ 154.50 E Bennix Park Mowing Operations $ 76.38 44 $ 3,360.72 Washington Ave.North Side Hedge Trimming $ 195.74 12 $ 2,348.88 (Between Poinsetta Ave.and Rosalind Ave.) Palm Trimming (30) $ 25.75 30 $ 772.50 F Canaveral & Canaveral Beach Blvds. (Medians Only) Mowing Operations $ 114.58 44 $ 5,041.52 Hedge Trimming $ 219.61 12 $ 2,635.32 Palm Trimming (98) $ 25.75 98 $ 2,523.50 Page 1 of 7 BID AREA I (Continued) TIMES PER UNIT COST YEAR TOTAL COST ADDRESS/NOTES LANDSCAPED AREAS East Central Blvd. G (Medians Only) and West Central Blvd. (Medians and Tree Lines) Mowing Operations $ 238.70 44 $ 10,502.80 Hedge Trimming $ 148.00 12 $ 1,776.00 Palm Trimming (106) $ 25.75 106 $ 2,729.50 H Cape View Elementary Tree Line and Kindergarten Cape View Elementary School Mowing Operations $ 47.74 44 $ 2,100.56 (8840 Rosalind Ave.) Palm Trimming (17) $ 25.75 17 $ 437.75 Harbor Heights (Medians Only) Mowing Operations $ 38.19 44 $ 1,680.36 Harbor Dr. Hedge Trimming $ 66.84 12 $ 802.08 (Off N.Atlantic Ave.) Palm Trimming (4) $ 25.75 4 $ 103.00 J N.Atlantic Ave. SR A1A/N.Atlantic to Welcome Sign North End of N Mowing Operations $ 62.07 44 $ 2,731.08 Atlantic Ave.by Port Hedge Trimming $ 71.62 12 $ 859.44 K Canaveral City Park and Ball Park Mowing Operations $ 286.44 44 $ 12,603.36 7920 Orange Ave. Infield Mowing $ 57.29 $ - Hedge Trimming $ 66.84 12 $ 802.08 Palm Trimming (144) $ 25.75 144 $ 3,708.00 Aeration,Top Dressing,and Verticutting$ 2,917.48 1 $ 2,917.48 L Center Street Park and Streetscape Mowing Operations $ 47.74 44 $ 2,100.56 West End of Center St. Hedge Trimming $ 55.38 12 $ 664.56 (Off N.Atlantic Ave.) Palm Trimming (19) $ 25.75 19 $ 489.25 M South City Entrance Sign SR A1A Mowing Operations $ 34.37 44 $ 1,512.28 (Northeast Corner Including Palm Tree Area Parallel to Hedge Trimming $ 55.38 12 $ 664.56 Grant Ave.) Palm Trimming (9) $ 25.75 9 $ 231.75 Page 2 of 7 BID AREA I (Continued) TIMES PER UNIT COST YEAR TOTAL COST ADDRESS/NOTES LANDSCAPED AREAS N SR A1A Landscaped Easement Areas Christ Lutheran Church-7511 N.Atlantic Ave. Center St.-7077 N.Atlantic Ave.(Two Areas North and Mowing Operations $ 210.06 44 $ 9,242.64 South of Center St. on SR A1A Hedge Trimming $ 169.96 12 $ 2,039.52 Area Immediatelly North of 6395 N.Atlantic Ave.and South of Cane Shores Dr. Palm Trimming (35) $ 25.75 35 $ 901.25 6121 N.Atlantic Ave. O Patriot's Park East End of Longpoint Rd. (West Mowing Operations $ 57.29 44 $ 2,520.76 Side of N.Atlantic Ave.) Palm Trimming (21) $ 25.75 21 $ 540.75 P Columbia Drive (Medians Only) Mowing Operations $ 81.16 44 $ 3,571.04 Medians Only Hedge Trimming $ 195.74 12 $ 2,348.88 Palm Trimming (9) $ 25.75 9 $ 231.75 Q Thurm Boulevard (Medians Only) Mowing Operations $ 81.16 44 $ 3,571.04 Medians Only Hedge Trimming $ 124.13 12 $ 1,489.56 Palm Trimming (14) $ 25.75 14 $ 360.50 R Manatee Sanctuary Park Mowing Operations $ 286.44 44 $ 12,603.36 701 Thurm Blvd.(Park Is Located on River Just North of Palm Trimming (260) $ 25.75 260 $ 6,695.00 Water Reclamation Facility) Edging of Exercise Trail $ 33.42 12 $ 401.04 S Banana River Park 901 Puerto Del Rio Dr.Soccer Field and Park Area Mowing Operations $ 126.03 44 $ 5,545.32 Including Canoe Launch Area Palm Trimming (38) $ 25.75 38 $ 978.50 T North City Entrance Sign A1A Mowing Operations $ 38.19 44 $ 1,680.36 North End of Cape Canaveral on West Side of Astronaut Hedge Trimming $ 47.74 12 $ 572.88 Blvd. Palm Trimming (6) $ 25.75 6 $ 154.50 Page 3 of 7 BID AREA I (Continued) TIMES PER UNIT COST YEAR TOTAL COST ADDRESS/NOTES LANDSCAPED AREAS U N.Atlantic Ave.Entrance Sign North End of Cape Canaveral on West Side of N.Atlantic Mowing Operations $ 38.19 44 $ 1,680.36 Ave.by Port Entrance Palm Trimming (14) $ 25.75 14 $ 360.50 V Ridgewood Ave. Mowing Operations $ 285.20 44 $ 12,548.80 Redevelopment Project Parallel to Oceanfront from East Hedge Trimming $ 270.46 12 $ 3,245.52 Central Blvd. to Johnston Ave. Palm Trimming (106) $ 25.75 106 $ 2,729.50 W International Dr. International Drive Mowing Operations $ 87.55 44 $ 3,852.20 BID AREA II TIMES PER UNIT COST YEAR TOTAL COST ADDRESS/NOTES RIGHTS-OF-WAY A N.Atlantic Ave. North Entrance Sign to Landscaped Triangle Area Mowing Operations $ 280.29 44 $ 12,332.76 (Undeveloped Areas Only) Palm Trimming (61) $ 25.75 61 $ 1,570.75 East Central Blvd.-From N.Atlantic Ave. B East to Ridgewood Ave. Mowing Operations $ 253.03 24 $ 6,072.72 (Undeveloped Areas Only) Palm Trimming (60) $ 25.75 60 $ 1,545.00 West Central Blvd.-From Thurm Blvd East C to N.Atlantic Ave. Mowing Operations $ 110.76 24 $ 2,658.24 (Undeveloped Areas Only) Palm Trimming (39) $ 25.75 39 $ 1,004.25 D Beach End Streets(Harbor Heights to Johnson Ave.) Mowing Operations $ 157.55 24 $ 3,781.20 E Harbor Heights/Harbor Dr.Stormwater Retention Harbor Dr.(Off N.Atlantic Ave.)Cul de Sac Area at East Mowing Operations $ 63.02 24 $ 1,512.48 End Palm Trimming (15) $ 25.75 15 $ 386.25 F Oak Lane ROW on Both Sides of Roadway Mowing Operations $ 63.02 24 $ 1,512.48 G SR A1A East Side and West Side(Undeveloped Areas Only) Page 4 of 7 Mowing Operations I $ 236.80 I 44 $ 10,419.20 H Thurm Blvd. From SR A1A on East Side to West Central Blvd.on North Mowing Operations $ 315.09 24 $ 7,562.16 Side (To the Wall of Discovery Bay Development) Palm Trimming (32) $ 25.75 32 $ 824.00 Page 5 of 7 BID AREA II (Continued) UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES YEAR I Church Lane Mowing Operations $ - 0 $ - I Jefferson/Poinsettia Ave. Right-of-way Along Undeveloped Lot. Mowing Operations $ 33.42 24 $ 802.08 J Washington/Poinsettia Ave. Right-of-way Along Undeveloped Lot. Mowing Operations $ 33.42 24 $ 802.08 K Madison/Magnolia Ave. Right-of-way Along Undeveloped Lot. Mowing Operations $ 31.51 24 $ 756.24 L Buchanan/Orange Ave. Right-of-way Along Undeveloped Lot. Mowing Operations $ 31.51 24 $ 756.24 M Canaveral Blvd. Right-of-way on the North Side of Canaveral Blvd.in Mowing Operations $ 47.74 24 $ 1,145.76 Front of Gated Development. BID AREA III WATER RECLAMATION FACILITY AND LIFT UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES STATIONS YEAR A Water Reclamation Facility 601 Thurm Blvd. Mowing Operations $ 491.20 44 $ 21,612.80 B Lift Stations See Attached List and Map for Locations. Mowing Operations $ 222.79 44 $ 9,802.76 BID AREA IV UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES YEAR A Central Ditch LOCATION:North and South of West Central Blvd.from Mowing Operations 12 $ 716.11 $ 8,593.32 Port to SR A1A. B Stormwater Pond-Manatee Park LOCATION:701 Thurm Blvd. Mowing Operations $ 105.03 44 $ 4,621.32 C Stormwater Ponds-Plant Mowing Operations $ 88.05 44 $ 3,874.20 LOCATION: 601 Thurm Blvd. D Stormwater Easement LOCATION:8893 N.Atlantic Ave. Mowing Operations $ 530.45 1 $ 530.45 Page 6 of 7 BID AREA V UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES YEAR A Code Enforced Empty Lots.ROWs and Abandoned Residential Lots $ 1,591.35 1 $ 1,591.35 BID #2020-01 TAB SHEET GRAND TOTAL BID AREA I - LANDSCAPED AREAS $ 183,055.23 I BID AREA II - RIGHTS-OF-WAY $ 55,443.89 I BID AREA III -WATER RECLAMATION FACILITY AND LIFT STATIONS $ 31,415.56 BID AREA IV - MOWING/SLOPE MOWING OF CENTRAL DITCH AND OTHER AREAS $ 17,619.29 BID AREA V- MISCELLANEOUS MOWING PER REQUEST $ 1,591.35 GRAND TOTAL OF BID AREAS I, II, III AND IV $ 289,125.32 ALL BID AREAS - PALM TRIMMING $ 31,131.75 VENDOR INFORMATION NOTES: In this bid tabulation sheet a total of $31,131.75 is COMPANY NAME: U.S.Lawns of Brevard for the Palm trimming. The actual base contract amount for COMPANY REPRESENTATIVE: Brandon Silverstein maintenance services is $257,993.57. MAILING ADDRESS: 374 Commerce Pkwy.Rockledge, Fl. 32955 OFFICE PHONE: 321-636-0655 MOBILE PHONE: 321-863-7697 Page 7 of 7 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • WEDNESDAY, SEPTEMBER 20, 2023 AGENDA ITEM SUMMARY • ITEM # 10 Subject: Approve proposal from Playmore West, Inc. in the amount of $82,622.01 for the purchase and installation of new playground equipment/surfacing at Patriots Park, as funded by Florida Recreation Development Assistance Program (FRDAP) Grant #A3045, contingent on State approval and authorize the City Manager to execute same. Department: Parks, Recreation and Community Affairs Summary: In August 2022, the City of Cape Canaveral was awarded a $75,000 grant by the Florida Department of Environmental Protection through FRDAP with a required match of $25,000. (Attachment 1) The overall project will cost $100,000 total, with the estimated project elements itemized in the attached Commencement Certification, as filed with the grantor agency. (Attachment 2) The attached proposal comprises $82,622.01 of the available project funds (Attachment 2), while the remaining $17,377.99 will cover the staff costs to remove existing play structures, the purchase new benches, installation of mulch and pouring an accessible pathway from the park entrance to the playground space. Proposal - Proposal includes the purchase and installation two (2) new pieces of play equipment, an accessible swing seat, an inclusive playhouse feature and new playground borders. - The layout of the equipment in the park was modified to allow for a single, connected surface, improving accessibility between the different play features. Vendor Selection Process - Installation proposal based on existing contract with Manatee County School Board. - Playmore West is the only Florida based distributor for Playworld Systems equipment and surfacing. - Playworld Systems is an American company, based out of Lewisburg, Pennsylvania, that produces built to order playground equipment and products. - Playmore West, Inc. is one of the few playground equipment distributors of that offer design/engineering services and installation of the products they sell. - Staff took advantage of seasonal sale pricing and discounted freight costs when selecting the pieces of equipment. Originally budgeted in 2021 with anticipation of grant approval, this project appears in the current year budget as CIP # PRCA 9. With the redesign of the playground space, the addition of an accessible pathway and the installation of inclusive play features, this project has maintained consistency with Council Goals and Envision Cape Canaveral as noted in the FY2022-23. Completion of this project is anticipated by Spring 2024. Submitting Department Director: Molly A. Thomas Attachments: 1. Original FRDAP Grant agreement 2. Certification of Commencement 3. Playmore Proposal City of Cape Canaveral City Council Meeting • Wednesday, September 20, 2023 Agenda Item # 10 Page 2 of 2 Financial Impact: $100,000 project funded by a 3:1 matching grant, wherein $75,000 of the $100,000 spent, will be reimbursed to the City following successful completion of the project; Staff time and effort to apply for grant and 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 Playmore West, Inc. in the amount of $82,622.01 for the purchase and installation of new playground equipment/surfacing at Patriots Park, as funded by Florida Recreation Development Assistance Program (FRDAP) Grant #A3045, contingent on State approval and authorize the City Manager to execute same. Approved by City Manager: Todd Morley Attachment 1 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below, pursuant to Section 215.971, Florida Statutes: 1. Project Title (Project): Agreement Number: Patriots Park A3045 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 (Department) Grantee Name: Cape Canaveral, City of Entity Type: a local government Grantee Address: 100 Polk Avenue, P.O. Box 326, Cape Canaveral, Florida 32920 FEID: 59-0974636 (Grantee) 3. Agreement Begin Date: Date of Expiration: upon execution June 30, 2025 4. Project Number: A23045 of different from Agreement Number) Project Location(s): 200 Long Point Road, Cape Canaveral, FL 32920 (Brevard County) Project Description: Playground elements (new) and surfacing safety base (new), benches and site amenities (new), pedways/walkways (new), and design and engineering costs. 5. Total Amount of Funding: $75,000.00 Funding Source? X State ❑Federal Award #s or Line Item Appropriations: Line Item No. 1754, GAA, FY 2022-2023 Amount per Source(s): $75,000.00 ❑ State ❑Federal X Grantee Match $25,000.00 Total Amount of Funding + Grantee Match, if any: $100,000.00 6. Department's Grant Manager Grantee's Grant Manager Name: Angela Bright or successor Address: 3900 Commonwealth Blvd. MS #585 Tallahassee, FL 32399 Phone: 850-245-2.501 Email: angie.bright@floridadep.gov Name: Molly Thomas, PRCA Director or successor Address: 100 Polk Avenue, P.O. Box 326 Cape Canaveral, FL 32920 Phone: 321-868-1220 X-220 Email: M.Thomas@cityofcapecanaveral.org 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: Z Attachment 1- Standard Terms and Conditions Applicable to All Grants Agreements X A Attachment 2: Special Terms and Conditions X Attachment 3: Grant Work Plan X Attachment 4: Public Records Requirements X Attachment 5: Special Audit Requirements X Attachment 6: Program -Specific Requirements ❑ Attachment 7: Grant Award Terms (Federal) *Copy available at https://facts.fldfs.com, in accordance with §215.985, F.S. ❑ Attachment 8: Federal Regulations and Terms (Federal) ❑ Additional Attachments (if necessary): X Exhibit A: Progress Report Form ❑ Exhibit B: Property Reporting Form X Exhibit C: Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements for Grants ❑ Exhibit E: Advance Payment Terms and Interest Earned Memo ❑ Additional Exhibits (if necessary): DEP Agreement No. A3045 Rev. 6/20/18 8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.33 1(a)(1): Federal Award Identification Number(s) (FAIN): Federal Award Date to Department: Total Federal Funds Obligated by this Agreement: Federal Awarding Agency: Award R&D? ❑ Yes ❑N/A IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the last date signed below, whichever is later. Cape Canaveral, City of GRANTEE Grantee Name By M. A. Thomas Digitally signed by M. A. Thomas Date: 2022.08.29 11:24:59 -04'00' 08/29/2022 (Authorized Signature) Molly A. Thomas, Director of Parks, Recreation + Community Affairs (PRCA) Date Signed Print Name and Title of Person Signing State of Florida Department of Environmental Protection DEPARTMENT Callie DeHaven Digitally signed by Callie DeHaven ByDate: 2022.09.01 17:22:55 -04'00' Secretary or Designee Date Signed Print Name and Title of Person Signing ❑ Additional signatures attached on separate page. DEP Agreement No. A3045 Rev. 6/20/18 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match requirements; (3) a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by Department; (3) changing the current funding source as stated in the Standard Grant Agreement; and/or (4) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. Attachment 1 1 of 12 Rev. 07/26/2022 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. 5. Performance Measures. The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the deliverables within 30 days of receipt, they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactory performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPs must be able to be implemented and performed in no more than sixty (60) calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement Attachment 1 2 of 12 Rev. 07/26/2022 the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by Department, Department agrees to pay Grantee for services rendered in accordance with Section 215.422, Florida Statutes (F.S.). b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee, however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: https://myfloridacfo.com/docs-sf/accounting-and-auditing-libraries/state- agencies/referenceguideforstateexpenditures.pdf?sfvrsn=fc1c5555 2 e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre -audit and post -audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. f. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. g. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: https://www.myfloridacfo.com/division/aa/state-agencies. j. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department. If this Agreement is funded with federal funds and the Department is required to refund the federal government, the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. Attachment 1 3 of 12 Rev. 07/26/2022 b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274, F.S., and Chapter 691-72, Florida Administrative Code (F.A.C.) and/or Chapter 691-73, F.A.C., as applicable. The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. i. For fixed -price (vendor) subcontracts, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed -price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed - price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request for Proposals, or other similar competitive procurement document) resulting in the fixed -price subcontract. The Grantee may request approval from Department to award a fixed -price subcontract resulting from procurement methods other than those identified above. In this instance, Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed -price amount, Grantee may proceed in finalizing the fixed -price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement, Equipment is defined as capital outlay costing $5,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form. f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non -excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department shall not reimburse any of the following types of charges: cell phone usage; attomey's fees or court costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting Attachment 1 4 of 12 Rev. 07/26/2022 acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty (30) days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work, or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe stated in Department's notice, the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance, a self - insured authorization, or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (10) days after the cancellation of coverage. e. Insurance Trust. If the Grantee's insurance is provided through an insurance trust, the Grantee shall instead add the Department of Environmental Protection, its employees, and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30) days of the effective date of termination. The Department shall not pay any invoices received after thirty (30) days of the effective date of termination. b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other Attachment 1 5 of 12 Rev. 07/26/2022 obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department. The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation, or termination of the Agreement, Grantee shall continue to provide Department with those services for which it has already been paid or, at Department's discretion, Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination, Expiration, or Cancellation of the Agreement. If services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement, if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non- exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. Attachment 1 6 of 12 Rev. 07/26/2022 16. Suspension of Work. The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or Attachment 1 7 of 12 Rev. 07/26/2022 otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133, 287.134, and 287.137 F.S., the following restrictions apply to persons placed on the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any contract to provide any good or services to a public entity; may not submit a bid, proposal, or reply on any contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with a public entity; and may not transact new business with a public entity. iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. Attachment 1 8 of 12 Rev. 07/26/2022 23. Compliance with Federal, State and Local Laws. a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. c. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 25. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to Section 216.347, F.S., except that pursuant to the requirements of Section 287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement. The Grantee shall comply with Sections 11.062 and 216.347, F.S. 26. Record Keeping. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General, or other authorized State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include, but shall not be limited to, Grantee's business or financial records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such records for the longer of: (1) three years after the expiration of the Agreement; or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: http ://do s.myflorida.com/library-archives/records-management/general-records-schedule s/). 27. Audits. a. Inspector General. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub -grantees and/or subcontractors issued under this Agreement, if any, impose this requirement, in writing, on its sub -grantees and/or subcontractors, respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; Attachment 1 9 of 12 Rev. 07/26/2022 ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: hops:\\apps.fldfs. com\fsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 28. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 29. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 30. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with an applicable Department policy or other requirement. Attachment 1 10 of 12 Rev. 07/26/2022 c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee employee, subcontractor, or agent. d. The Department's actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities, unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority -owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 31. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 32. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 33. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third - party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement. 34. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision, and shall remain in full force and effect. 35. Grantee's Employees, Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 36. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 37. Compensation Report. If this Agreement is a sole -source, public -private agreement or if the Grantee, through this agreement with the State, annually receive 50% or more of their budget from the State or from a combination of State and Federal funds, the Grantee shall provide an annual report, including the most recent IRS Form 990, detailing the total compensation for the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real -property gifts, and any other payout. The Grantee must also inform the Department of any changes in total executive compensation between the annual Attachment 1 11 of 12 Rev. 07/26/2022 reports. All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 38. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 12 of 12 Rev. 07/26/2022 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO. A3045 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions, Attachment 1. Where in conflict, these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is Patriots Park. (Yellow-Highlighted) The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement begins when the final party signs the Agreement (the "effective date") and ends on the Project Completion Date. Only authorized Pre -Agreement expenses may be reimbursed outside of this period. b. Extensions. There are no extensions available for this Project. c. Service Periods. Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing. Invoicing will occur after approval of the final delivereable(s). c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Category © Salaries/Wages Overhead/Indirect/General and Administrative Costs: 0 0 a. Fringe Benefits, N/A. O 0 b. Indirect Costs, N/A. © Contractual (Subcontractors) ❑ ❑ Travel, in accordance with Section 112, F.S. ❑ ❑ Equipment 0 Rental/Lease of Equipment 0 Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements The Agreement requires at least a 25% match (Yellow-Highlighted) on the part of the Grantee. Therefore, the Grantee is responsible for providing $25,000.00 (Yellow-Highlighted) through cash or third party in -kind towards the project funded under this Agreement. The Grantee may claim allowable project expenditures made on July 1, 2022 or after for purposes of meeting its match requirement as identified above. Attachment 2 1 of 2 Rev. 5/20/2022 Each payment request submitted shall document all matching funds and/or match efforts (i.e., in -kind services) provided during the period covered by each request. The final payment will not be processed until the match requirement has been met. 8. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department, its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each occurrence and $500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company -Owned Vehicles, if applicable $200,000/300,000 Hired and Non -owned Automobile Liability Coverage c. Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S. and employer liability coverage with minimum limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance. None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. No retainage is required under this Agreement. 11. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. 12. State-owned Land. The work will not be performed on State-owned land. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Additional Terms. None. Any terms added here must be approved by the Office of General Counsel. Attachment 2 2 of 2 Rev. 5/20/2022 ATTACHMENT 3 GRANT WORK PLAN FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM(FRDAP) Project Name: Patriots Park Grantee Name: City of Cape Canaveral FRDAP Project No.:A23045 DEP Agreement No.A3045 SUMMARY: The Grantee shall complete the Project Element(s),which were approved by the Department through the FRDAP Application Evaluation Criteria,pursuant to Chapter 62D-5,Florida Administrative Code(F.A.C.). Any alteration(s)to the Project Element(s)as submitted in the Grantee's application and listed in the Grant Work Plan is considered a significant change,must be pre-approved by the Department,and may require a formal Amendment to this Agreement. All work must be completed in accordance with the FRDAP Program,and local,state and federal laws,the approved Project plans,all required permits,and the Florida Building Code. Prior to the Department issuing a"Notice to Commence" to the Grantee,as specified in Attachment 6 of the Agreement,Program Specific Requirements,the Department must receive evidence of and have approved all Deliverables in Task 1. For the purpose of this Agreement,the terms"Project Element"and"Project Task"are used interchangeably to mean an identified facility within the Project. The Project is located at 200 Long Point Road,Cape Canaveral,FL 32920(Brevard County)and is considered a"Large Project"pursuant to paragraph 62D-5.055(6)(a),F.A.C. Retroactive Project. O This Project has been approved as a"Retroactive Project."Retroactive Projects are eligible for a FRDAP grant award if they otherwise meet the FRDAP rule criteria, funds are available,and Project Costs have occurred within one(1)year prior to the approval for funding by the Governor. ❑X This Project has not been approved as a"Retroactive Project." (Yellow-Highlighted) Project Completion: The Project Completion Date for this Agreement is April 30,2025. (Yellow-Hightlighted) Budget: Reimbursement for allowable costs for the Project shall not exceed the maximum Grant Award Amount outlined below.The total estimated Project Cost provided below is based on the approved FRDAP Application.A detailed cost analysis will be provided in the Deliverables for Task 1,prior to the Department issuing the"Notice to Commence." All final Project Costs shall be submitted to the Department with the payment request. Maximum Grant Award Amount: $75,000.00 Required Grantee Match Amount: $25,000.00 Total Estimated Project Cost: $100,000.00 Match Ratio: 25% DEP Agreement No.: A3045,Attachment 3,Page 1 of 3 FRDAP FY 22-23 Scope of Work/Tasks Deliverables Due Date Financial Consequences TASK 1 DELIVERABLE 1 1.A. Development of Commencement The Department will issue "Notice to Commence" upon Failure to provide the required Documentation Checklist (DRP-107)1. receipt and approval of: 180 calendar days Commencement Documentation may after Execution of jeopardize your funding.The Department 1.B. A Cost Analysis Form,with detailed budget 1.A.All applicable Project specific Commencement Agreement 2 may terminate the Project Agreement if (and In-House Cost Schedule(s),if applicable). documentation listed on Commencement Documentation the required Deliverables are not Checklist (DRP-107) submitted and approved by the Department. 1.B. A Cost Analysis Form,with detailed budget (and In- House Cost Schedule (s),if applicable). Project planning expenses,such as application preparation, architectural and engineering fees,permitting fees,Project inspection,and other similar fees are eligible for reimbursement.However,reimbursement,if requested,shall not exceed fifteen (15%) of total Project Cost,and shall be invoiced upon Project completion,in accordance with the Payment Request Schedule. The Grantee may not proceed with development of the (Yellow-Hightlighted) Project until Notice to Commence has been issued. TASK 2 DELIVERABLE 2 2.A. Development of Primary and Support Project The Grantee may request reimbursement upon Department Due April 30, No reimbursement will be made for Elements,which includes: receipt and approval of: 2025,which shall Deliverable(s) deemed unsatisfactory by Playground elements (new)and surfacing safety also be the Project the Department. Payment(s)will not be Completion Date1 made for unsatisfactory or incomplet base (new),benches and site amenities(new), 2.A. Development of required Project Elements. (Yellow-Highlighted) work. In addition, a Task may be pedways/walkways(new),and design and terminated for Grantee's failure to engineering costs. 2.B. All applicable Project specific Completion perform. documentation listed on Completion Documentation 2.B. Development of Completion of Checklist (DRP-111) Documentation Checklist(DRP-111). 2.C. Final Status Report(DRP-109). 2.C.Completion of Final Status Report(DRP- 109). The Grantee may request reimbursement for allowable budgeted expenses and costs pursuant to the Agreement that are directly related to the successful development of the Project site. Reimbursement shall not exceed the Grant DEP Agreement No.: A3045, Attachment 3, FRDAP FY 22-23 Page 2 of 3 Award Amount, less any reimbursement requested for in Deliverable 1,and shall be invoiced upon Project completion, in accordance with the Payment Request Schedule below.Ten percent(10%) of the Grant Award will be retained until the Project is designated complete by the Department. Project Task Performance Standard: The Department's Grant Manager will review the Project Completion Certificate and the Deliverables to verify compliance with the requirements for funding under the FRDAP;approved plans and application approved for funding.Upon review and written acceptance by the Department's Grant Manager of the Project Completion Certificate and the Deliverables under each Project Task,the Grantee may proceed with the payment request submittal. Payment Request Schedule: Following Department approval of all Deliverables, the Grantee may submit a single payment request on Exhibit C, Payment Request Summary Form, DRP-115, along with all required documentation as outlined in the Financial Reporting Procedures (DRP-110), as applicable, to support payment. Apayment request submitted as part of the reimbursement process must correspond with the Cost Analysis and supporting documents provided under Project Tasks. Endnotes: 1. FRDAP documentation is available at https://floridadep.gov/lands/land-and-recreation-grants/content/frdap-assistance and/or from the Land and Recreational Grants Section,State of Florida Department of Environmental Protection,3900 Commonwealth Boulevard,MS#585,Tallahassee,Florida,32399-3000. 2. Project Agreement is subject to termination if Commencement documentations under Task 1 are not received and approved by the Department within 180 calendar days of the Project Agreement execution. 3. Due Date will not be extended beyond the Grant Period as outlined in Subsection 62D-5.058(7),F.A.C. DEP Agreement No.: A3045,Attachment 3,Page 3 of 3 FRDAP FY 22-23 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution or section 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable. For the purposes of this paragraph, the term "contract" means the "Agreement." If Grantee is a "contractor" as defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119.10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public.services@a,floridadep.gov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 1 of 1 Rev. 4/27/2018 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department'; "DEP", "FDEP" or "Grantor", or other name in the agreement) to the recipient (which may be referred to as the "Recipient'; "Grantee" or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 1. A recipient that expends $750,000 or more in Federal awards in its fiscal year, must have a single or program - specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. 2. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. 3. A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other federal entities. 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the intemet at www.cfda.2ov Attachment 5 1 of 6 BGS-DEP 55-215 revised 12/14/2020 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at http://www.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/and the Auditor General's Website at http://www.myflorida.com/audgen/. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to spec y any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i. e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200.512, by or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a) (the number of copies required by 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: Attachment 5 2 of 6 BGS-DEP 55-215 revised 12/14/2020 By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East loth Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http://harvester.census.gov/facweb/ 2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state. fl.us B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website (http://flauditor.gov/) provides instructions for filing an electronic copy of a financial reporting package. 3. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us 4. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97, F.S., and Chapters 10.550 (local govemmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. Attachment 5 3 of 6 BGS-DEP 55-215 revised 12/14/2020 5. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (non and for -profit organizations), Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. Attachment 5 4 of 6 BGS-DEP 55-215 revised 12/14/2020 EXHIBIT—1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Note:If the resources awarded to the recipient represent more than one federal program,provide the same information shown below for each federal program and show total,federal resources awarded Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal State Program CFDA Appropriation A Federal Agency Number CFDA Title Funding Amount Category Federal State Program CFDA Appropriation B Federal Agency Number CFDA Title Funding Amount Category Note: Of the resources awarded to the recipient represent more than one federal program, list applicable compliance requirements for each federal program in the same manner as shown below: Federal Program First Compliance requirement: i.e.:(what services of purposes resources must be used for) A Second Compliance requirement: i.e.:(eligibility requirement for recipients of the resources) Etc. Etc. Federal Program First Compliance requirement: i.e.:(what services of purposes resources must be used for) B Second Compliance requirement: i.e.:(eligibility requirement for recipients of the resources) Etc. Etc. Note:If the resources awarded to the recipient for matching represent more than one federal program,provide the same information shown below for each federal program and show total state resources awarded for matching. State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs: Federal State Program Appropriation A Federal Agency CFDA CFDA Title Funding Amount Category Attachment 5, Exhibit 1 5 of 6 BGS-DEP 55-215 Revised 7/2019 Federal State Program Appropriation B Federal Agency CFDA CFDA Title Funding Amount Category Note:If the resources awarded to the recipient represent more than one state project,provide the same information shown below for each state project and show total state financial assistance awarded that is subject to section 215.97,F.S. State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97,F.S.: State CSFA Title State Program State CSFA or Appropriation A State Awarding Agency Fiscal Yearl Number Funding Source Description Funding Amount Category General Appropriations Act Line Item 1754 Fixed Original Capital Outlay Florida Florida Recreation Development Agreement Recreation Development 2022-2023 37.017 Assistance Program $75,000.00 140002 Assistance Grants from Land Acquisition Trust Fund Total Award $75,000.00 Note:List applicable compliance requirement in the same manner as illustrated above for federal resources.For matching resources provided by the Department for DEP for federal programs, the requirements might be similar to the requirements for the applicable federal programs.Also, to the extent that different requirements pertain to different amount for the non-federal resources, there may be more than one grouping(i.e. 1, 2, 3, etc.) listed under this category. For each program identified above,the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [www.cfda.gov] and/or the Florida Catalog of State Financial Assistance(CSFA)[https://apps.fldfs.com/fsaa/searchCatalog.aspx],and State Projects Compliance Supplement(Part Four: State Projects Compliance Supplement [https://apps.fldfs.com/fsaa/state_project_compliance.aspx]. The services/purposes for which the funds are to be used are included in the Agreement's Grant Work Plan. Any match required by the Recipient is clearly indicated in the Agreement. 1 Subject to change by Change Order. Attachment 5,Exhibit 1 6 of 6 BGS-DEP 55-215 Revised 7/2019 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION PROGRAM SPECIFIC REQUIREMENTS FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM ATTACHMENT 6 1. Project Submittal Forms. Administrative Forms, Reimbursement Forms, and Guidelines referenced in this Agreement may be found at https://floridadep.gov/lands/land-and-recreation-grants/content/frdap-assistance, or by contacting the Department's Grant Manager. 2. Notice to Commence. Prior to commencement of the Project, the Grantee shall submit to the Department for approval all documentation and completion of responsibilities listed on the Commencement Documentation Checklist, DRP-107. Upon satisfactory approval by the Department, the Department will issue written "Notice to Commence" to the Grantee to commence the Project. The Grantee SHALL NOT proceed until the Department issues the "Notice to Commence." Until the Department issues the "Notice to Commence," the Department is not obligated to pay or reimburse Grantee for fees, costs, or general expenses of any kind that were incurred prior to the "Notice to Commence," except for Pre - Agreement Expenses as more fully described in subsection 62D-5.054(34), F.A.C. 3. Site Plans. Project site facilities must be attractive for public use and compatible with the environment. Plans and specifications for Project site improvements and facilities must be in accordance with current engineering and architectural standards The Grantee should emphasize the health and safety of users, accessibility to the general public, and the protection of the recreational and natural values of the area. The Grantee may alter a conceptual site plan only after written approval by the Department. The Grantee shall have final site plans (site, engineering, and architectural) prepared for the Project and sealed by a registered architect or engineer licensed in accordance with the laws of the State of Florida (collectively the "Project Plans"). The Grantee must deliver a complete original, signed, and sealed set of the Project Plans to the Department before the Department will issue final reimbursement. 4. Project Completion. All work under this Agreement must be completed no later than 60 days before the expiration date of the Agreement, known as the "Project Completion Date." The Department may require the Grantee to do additional work before designating the Project "complete." If the Project has not been designated as complete by the Department by midnight of the Date of Expiration, the Project funds will revert to the revenue fund from which they were appropriated (paragraph 62D-5.058(7)(a), F.A.C.). 5. Project Completion Certification. To certify completion, the Grantee will submit to the Department the Project Completion Certification, DRP-112, available online and incorporated herein by reference. The Project must be designated complete prior to the Department releasing final reimbursement. The Department shall designate the Project complete upon receipt and approval of all deliverables and when Project site is open and available for use by the public for outdoor recreation purposes. The Department will release the retainage when the Department approves the Completion Documentation set forth in paragraph 62D-5.058(7)(d), F.A.C. The final payment of the retained amount will be processed within thirty (30) days of the Project designated complete by the Department. 6. The following modifies paragraph 8.d, Attachment 1, Standard Terms and Conditions: a. Reimbursement for Costs. Project Costs will be reimbursed as provided in paragraph 62D-5.058(2)(a), F.A.C., and in the Project Agreement. The Grantee is eligible for reimbursement, in whole or in part, for Department -approved Pre -Agreement Expenses Attachment 6 1 of 3 Rev. 8/19/2021 and, if applicable, costs associated with Retroactive Projects, through the Project Completion Date of this Agreement. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, cost(s) must meet all FRDAP requirements, financial reporting requirements, and rules and regulations applicable to expenditures of state funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: https://www.myfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateExpenditures.pdf. i. Pre -Agreement Expenses. Pursuant to subsection 62D-5.054(34), F.A.C., Pre -Agreement Expenses means expenses incurred by a Grantee for accomplishment of an eligible FRDAP project prior to full execution of the Project Agreement. Parties hereby acknowledge and agree, Grantee is entitled to submit for cost - reimbursement eligible Pre -Agreement Expenses, which are expenses Grantee incurred for the accomplishment of the Project prior to full execution of this Agreement. 7. The following is added to paragraph 8, Attachment 1, Standard Terms and Conditions: k. Project Costs. The Department will reimburse Project costs pursuant to paragraph 62D-5.058(2)(a), F.A.C., and as provided herein. Project costs, except for Pre -Agreement Expenses, shall be incurred between the effective date of the Agreement, and the Project Completion Date as set forth in the Project Completion Certification determined and identified herein. If the total cost of the Project exceeds the grant amount and the required match (if applicable), Grantee must pay the excess cost. 1. Cost Limits. Pursuant to paragraphs 62D-5.058(2)(a) and (b), F.A.C., project planning expenses, such as application preparation, surveys (boundary and topographic), title searches, project signs, architectural and engineering fees, permitting fees, project inspection fees, and other similar fees are eligible Project costs provided that such costs do not exceed fifteen percent (15%) of the total Project cost. 8. The following hereby replaces paragraph 8.h, Attachment 1, Standard Terms and Conditions: h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation from the Recommended Application Priority List by the Florida Legislature. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of the Department if the Legislature reduces or eliminates appropriations. It is further understood that Grant Awards may be revised by the Department due to the availability of FRDAP program funds. 9. The following replaces paragraph 10, Attachment 1, Standard Terms and Conditions: Status Reports. a. The Grantee must utilize, Project Status Report Form, DRP-109, available online and incorporated herein by reference, to describe the work performed during the reporting period, problems encountered, problem resolutions, schedule updates and proposed work for the next reporting period. The Project Status Reports must be submitted to the Department's Grant Manager no later than January 5, May 5, and September 5. The Department's Grant Manager has thirty (30) calendar days to review the required reports and deliverables submitted by the Grantee. b. Additionally, the Grantee shall comply with the reporting and inventory requirements set forth in the Statewide Comprehensive Outdoor Recreation Plan (SCORP), available online: https://floridadep.gov/parks/florida-scorp- outdoor-recreation-florida and hereby incorporated by reference, by updating the Florida Outdoor Recreation Inventory (FORI) system (https://floridadep.gov/parks/florida-outdoor-recreation-inventory). 10. Site Dedication. a. Land owned by the grantee and developed or acquired with FRDAP funds must be dedicated in perpetuity as an outdoor recreational site for the use and benefit of the general public in accordance with Rule 62D-5.059, F.A.C. Land under control other than by ownership of the Grantee such as by lease, must be dedicated as an outdoor recreation area for the use and benefit of the general public for a minimum period of twenty-five (25) years from the Project Completion Date as set forth in the Project Completion Certificate. The dedications must be recorded in the county's public property records by the Grantee. Execution of this Agreement by the Department constitutes an acceptance of a Project site(s) dedication on behalf of the general public of the State of Florida. b. Should the Grantee's interest in the land change, either by sale, lease, or other written legal instrument, the Grantee is required to notify the Department in writing of the change no later than ten (10) days after the change occurs, Attachment 6 2 of 3 Rev. 8/19/2021 and the Grantee is required to notify all subsequent parties with interest to the land of the terms and conditions as set forth in this Agreement. 11. Management of Project Sites. a. Site Inspections. Grantees must ensure by site inspections that facilities on the Project site are being operated and maintained for outdoor recreation for a minimum period of twenty-five (25) years from the Project Completion Date set forth in the Project Completion Certificate. The Project site must be open at reasonable times and must be managed in a safe and attractive manner. b. Non -Compliance. The Department will terminate an agreement and demand return of the program funds (including interest) for non-compliance if a Grantee fails to comply with the terms stated in with the Agreement. If the Grantee fails to comply the Agreement, the Department will declare the Grantee ineligible for further participation in FRDAP until such time as the Grantee comes into compliance. c. Public Accessibility. All facilities must be accessible to the public on a non-exclusive basis, without regard to age, sex, race, religion, or ability level. d. Entrance Fees. Reasonable differences in entrance fees for other FRDAP projects may be allowed on the basis of residence, but only if the Grantee can clearly show that the difference in entrance fees reflects, and is substantially related to, all economic factors related to park management, and it is not simply related to the amount of tax dollars spent by the residents for the park; and that a definite burden on the Grantee in park maintenance costs clearly justifies a higher fee for nonresidents. e. Native Plantings. In developing a FRDAP project with program funds, the Grantee must primarily use vegetation native to the area, except for lawn grasses. f. The Grantee will obtain Department approval prior to any current or future development of facilities on the Project Site(s), which is defined in subsection 62D-5.054(46), F.A.C. This Agreement is not transferable. 12. Procurement Requirements for Grantee. The Grantee must secure all goods and services for the Project according to its adopted procurement procedures. 13. Signage. The Grantee must erect a permanent information sign on the Project site that credits funding (or a portion thereof) to the Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program. The sign must be made of appropriate materials, which are durable for a minimum of twenty-five (25) years after the Project is complete. The sign must be installed on the Project site and approved by the Department before the Department processes the final Project reimbursement request. 14. Termination and Ineligibility. In addition to the remedies provided elsewhere in this Agreement, if the Grantee fails to comply with the terms stated in this Agreement or with any provisions in Rule Chapter 62D-5, F.A.C., the Department will terminate this Agreement and demand return of the program funds (including interest). Furthermore, the Department will declare the Grantee ineligible for further participation in FRDAP until the Grantee complies. Further, the Grantee agrees to ensure that all necessary permits are obtained prior to implementing any Grant Work Plan activity that may fall under applicable federal, state, or local laws. 15. Conversion. The Project Site acquired and/or developed with FRDAP assistance must be retained and used for public outdoor recreation. Should the Grantee, within the periods set forth in subsections 62D-5.059(1) and (2), F.A.C., convert all or part of the Project site to other than public outdoor recreational uses, the Grantee must replace the area, facilities, resource, or Project site at its own expense with an acceptable project of comparable scope, and quality. Attachment 6 3 of 3 Rev. 8/19/2021 Florida Department of Environmental Protection Exhibit A Land and Water Conservation Fund Program Florida Recreation Development Assistance Program Project Status Report Required Signatures: Adobe Signature (Yellow-Highlighted) Project Name: Project Sponsor: Project Number: Identify primary and support recreation areas and facilities to be constructed. (50% of total costs must be in primary facilities). PROVIDE PHOTOS OF WORK IN PROGRESS PRIMARY FACILITIES/ELEMENTS: Project Elements Work Accomplished % Completed DRP-109 (Effective 05-22-2015) Page 1 of 2 SUPPORT FACILITIES/ELEMENTS: Project Elements Work Accomplished % Completed PROBLEMS ENCOUNTERED: Period Covered (Check Appropriate Period): ❑ January through April: ❑ May through August: ❑ September through December: Due May 5th Due September 5th Due January 5th LIAISON: Signature Date DRP-109 (Effective 05-22-2015) Page 2 of 2 Florida Department of Environmental Protection EXHIBIT C PAYMENT REQUEST SUMMARY FORM Required Signatures: Adobe Signature (Yellow-Highlighted) Date: Grantee Project Name and Number Billing Period: Billing #: DEP Division: DEP Program: Project Costs This Billing Cumulative Project Costs Contractual Services DRP-116 Grantee Labor DRP-117 Employee Benefits ( % of Salaries) Direct Purchases: Materials & Supplies DRP-118 Grantee Stock DRP-120 Equipment DRP-119 Land Value Indirect Costs (15% of Grantee Labor) TOTAL PROJECT COSTS $ 0.00 $ 0.00 CERTIFICATION: I hereby certify that the above expenses were incurred for the work being accomplished in the attached progress reports. Project Administrator Date CERTIFICATION: I hereby certify that the documentation has been maintained as required to support the project expenses as reported above and is available for audit upon request. Project Financial Officer Date DRP-115 (Effective 06-19-2015) Page 1 of 1 Attachment 2 Florida Department of Environmental Protection Florida Recreation Development Assistance Program Commencement Certification Required Signatures: Adobe Signature (Yellow-Highlighted) Grantee: City of Canaveral Project Number: A3045 Project Name: Patriots Park A list identifying the quantity and type of primary outdoor recreation areas and facilities and support facilities to be constructed, and cost estimate for each item. (50% of total costs must be in primary facilities) Primary Facilities/Areas: Estimated Cost: Playground Equipment/installation/Design/Engineering 83,000 Pathway 2.000 Surfacing (Playground Mulch) 4000 Support Facilities/Areas: Estimated Cost: Benches/Trash Cans/Picnic Table 11,000 Total Project Cost $ 100,000 The GRANTEE certifies that all final plans and specifications (i.e.; site, architectural, engineering) to be used in conjunction with the above referenced project will be prepared and certified by an insured, registered architect, engineer, or landscape architect (as appropriate) and will meet all applicable federal, state and local codes, and current engineering practices; that health, safety, durability and economy will be considered and incorporated in these plans consistent with the scope and objectives of the project; that equal access pursuant to the requirements of Federal law and Chapter 553 Florida Statutes, is incorporated in the design of all facilities for individuals with disabilities; that the proposed development is compatible with its surrounding environment; and that provisions have been made to insure adequate supervision of construction by competent personnel. 09/06/2023 (Signature) Date Project Liaison Agent DRP-108 (Effective 05-22-2015) Page 1 of 1 Attachment 3 PLAYMORE Recreational Products & Services QUOTATIO 10271 Deer Run Farms Road, Suite 1 Fort Myers, FL 33966 (239) 791-2400 (239) 791-2401 fax (888) 886-3757 toll free 08/03/23 www.playmoreonline.com Job Number: 18649 Revision: Client: City of Cape Canaveral Job: Patriots Park Playgroun 7300 North Atlantic Avenue 200 Long Point Road Cape Canaveral FL 32920 Cape Canaveral FL 32920 Contact:John Mayberry Phone: 321-307-0109 Fax: Email: j.mayberry@cityofcapacanavera Sales Rep: Bruce Krieger Terms: Net 30 Item Description Quantity Cost Subtotal 1 Equipment CHALLENGER 350-1742 1 $38,402.00 $38,402.00 ZZXX0224 ACCESSIBLE SWING SEAT(8'RAIL) 1 $1,111.00 $1,111.00 ZZXX0598 QUATTRO SEE-SAW w/SEAT BACKS 1 $7,608.00 $7,608.00 ZZXX0885 SILLY TREE 1 $12,820.00 $12,820.00 ZZXX9409 1'BORDER TIMBER w/STAKE 4 $52.00 $208.00 ZZXX9410 2'BORDER TIMBERS w/STAKE 4 $62.00 $248.00 ZZXX9430 4'BORDER TIMBERS w/STAKE 92 $79.00 $7,268.00 Discount School District of Manatee County 21-0053-MR -1 $3,383.25 -$3,383.25 Discount 2nd Half Sale,Expires 10/31/23 -1 $7,679.90 -$7,679.90 EWF GeoTex Duraliner 3 $200.00 $600.00 Subtotal: $57,201.85 2 Freight Freight Playworld Freight 1 $4,000.00 $4,000.00 Discount 2nd Half Sale,Expires 10/31/23 -1 $2,285.00 -$2,285.00 Subtotal: $1,715.00 3 Installation PSI Installation Installation of Playworld Equipment per Manatee Contract 1 $20,570.16 $20,570.16 Installation Installation of GeoTex Duraliner 1 $1,135.00 $1,135.00 Storage Mobile Mini 1 $2,000.00 $2,000.00 Notes:Customer to demo and remove existing equipment and borders,excavate site to accommodate EWF, and supply new EWE. Page 1 PLAYMORE Recreational Products & Services QUOTATIO 10271 Deer Run Farms Road, Suite 1 Fort Myers, FL 33966 (239) 791-2400 (239) 791-2401 fax (888) 886-3757 toll free 08/03/23 www.playmoreonline.com Job Number: 18649 Revision: Client: City of Cape Canaveral 7300 North Atlantic Avenue Cape Canaveral FL 32920 Job: Patriots Park Playground 200 Long Point Road Cape Canaveral FL 32920 Item Description Quantity Cost Subtotal Subtotal: $23,705.16 Grand Totals: $82,622.01 Page 2 PLAYMORE Recreational Products & Services 10271 Deer Run Farms Road, Suite 1 Fort Myers, FL 33966 (239) 791-2400 (239) 791-2401 fax (888) 886-3757 toll free www.playmoreonline.com Client: City of Cape Canaveral 7300 North Atlantic Avenue Cape Canaveral FL 32920 QUOTATIO 08/03/23 Job Number: 18649 Revision: Job: Patriots Park Playground 200 Long Point Road Cape Canaveral FL 32920 General Terms: Acceptance by a signature, purchase order, or contract based on this proposal indicates that you are in full agreement with all terms and conditions of this proposal, including the following: • Prices are valid for 30 days, unless otherwise noted. After 30 days, prices are subject to change without notice. • Sales Tax will be charged unless a valid Sales Tax Exemption Certificate is presented with order. • Specify all colors and options in writing. Any discrepancies that arise due to oral selections will be the responsibility of the customer. • If the customer is installing equipment, all equipment is to be installed per manufacturer's instructions and applicable guidelines. • Installation, site work, permits, engineering, etc. are not included unless noted. Building Permits: Building permits are the responsibility of the owner. If a building permit is required for your project, the following options are available. • Add 5% (minimum $2,500) to the quotation/contract price. Playmore Recreational Products and Services will cover the costs of all the building permit fees and expeditor fees. • Playmore Recreational Products and Services can assist the customer in obtaining their own permit. Customer is responsible for all fees directly to the permitting agency and/or the expediting company. NOTE — All zoning, planning, health, environmental, architectural, etc. permits, reviews, and approvals are the responsibility of others as well as any required site plans or other supporting documents. If signed and sealed engineered drawings are needed for the installation of equipment, this will be included on the proposal. If it is omitted and later discovered necessary, the cost will be the responsibility of the customer. Standard Services Include: • Shipping Notification/Receiving Instructions • Pre -Installation On -Site Meeting • Public Utility Check (Sunshine State One Call) • Accept Delivery and Unload Equipment • Moving New Equipment at Job Site • Layout of Equipment • Installation of Equipment per Manufacturer's Instructions • Trash Clean Up (Leave on site.) • Post -Installation Walk Through • Maintenance Explanation Customer Responsibilities (unless otherwise noted in the applicable quotation/contract): • Trash Disposal — Dumpsters or Off -Site Disposal. • Accept Delivery and Unload Equipment if site is not ready. o $1,000.00 Charge will apply if Customer wants Installers to Unload. • Provide Area for Storage and Staging. • Secure Site and Equipment. Page 3 PLAYMORE Recreational Products & Services 10271 Deer Run Farms Road, Suite 1 Fort Myers, FL 33966 (239) 791-2400 (239) 791-2401 fax (888) 886-3757 toll free www.playmoreonline.com Client: City of Cape Canaveral 7300 North Atlantic Avenue Cape Canaveral FL 32920 QUOTATIO 08/03/23 Job Number: 18649 Revision: Job: Patriots Park Playground 200 Long Point Road Cape Canaveral FL 32920 Some Optional Responsibilities (Must be clearly outlined in the applicable quotation/contract): • Removal of Existing Equipment. • Site Preparation, Grading, Drainage Systems, etc. • Private Utility Locates • Engineered Drawings for Purchased Equipment. • Other Permits or Engineered Drawings (i.e. zoning permits, environmental permits, site surveys, etc.) *Any other responsibilities must be clearly outlined in the applicable quotation/contract. General Notes (All apply unless changes noted in quotation, purchase order, or contract) Warranties. All equipment, surfacing, and installation is warrantied by Playmore fora period of one year from substantial completion date. After one year, any additional manufacturer's warranties wit remain in effect. Manufacturer's warranty claims to be processed by manufacturer. Playmore assumes no responsibility for these additional warranties. Access/Utilities. Access must be provided to the installation area for heavy trucks and equipment. Access of equipment and personnel is the obligation of the customer to provide until the project is fully completed. We will take every precaution to avoid damage, however any damage caused by the normal installation of our product, such as to sod, concrete sidewalks, private underground utilities, etc., will be the responsibility of the customer, as will any additional costs associated with limiting damage, such as providing plywood over sod for access. If access is not reasonably close to the jobsite, any additional costs incurred due to having to transport materials and/or supplies wit be the responsibility of the customer. Rock/Foreign Object Clause. Most installations require digging of holes and footing equipment in concrete below finished grade. Removal of existing ground covers such as asphalt, concrete, tan bark, sand, pea gravel, wood fiber, rubber matting, poured -in -place rubber surfacing, or any other material that interferes or delays the digging of holes, is the responsibility of others, unless otherwise noted. If excessive underground obstructions such as rocks, coral, asphalt, concrete, pipes, drainage systems, root systems, water, or any other unknown obstructions are discovered, charges will be added to the original proposal. Playground Surfacing. All playground equipment is to be instated over safety surfacing per CPSC guidelines and ASTM standards. If the customer contracts for something contrary to the guidelines, they are accepting all responsibility for any liability and future litigation that may arise. Acceptance Signature: X Date: P.O.#: Page 4 of 4 Patriots Park CAPE CANAVERAL, FL PLAYMORE PLAYWORLD The world needs play. Recreational Products & Services Equipment Manufacturer Patriots Park CAPE CANAVERAL, FL PLAYMORE Recreational Products & Services Equipment Manufacturer PLAYWORLD The world needs play: Patriots Park CAPE CANAVERAL, FL PLAYMORE PLAYWORLD The world needs play. Recreational Products & Services Equipment Manufacturer Patriots Park CAPE CANAVERAL, FL PLAYMORE Recreational Products & Services Equipment Manufacturer PLAYWORLD The world needs play: Patriots Park CAPE CANAVERAL, FL PLAYMORE Recreational Products & Services Equipment Manufacturer PLAYWORLD The world needs play: Patriots Park CAPE CANAVERAL, FL PLAYMORE Recreational Products & Services Equipment Manufacturer PLAYWORLD The world needs play: PLAYWORLD Playmore Recreational Products 1012 Deer Run Farms Rd Ste #1 Fort Myers, FL 33966 (888)886-3757 EQUIPMENT SIZE: 25'2" X 17'4" X 15'11" USE ZONE: 37'3" x 29'7" AREA: 4538 SqFt. PERIMETER: 388 Ft. FALL HEIGHT: 6Ft. USER CAPACITY: AGE GROUP: 32 5-12 Total Elevated Play Activities: 5 Total Ground -Level Play Activities: 2 Accessible Elevated Activities Accessible Ground -Level Activities Accessible Ground -Level Play Types Required 3 2 2 Provided 5 2 2 ✓ ASTM F1487-17 ✓ CPSC #325 PROJECT NO: PM23022B SCALE: SEE DWG DRAWN BY: Aris Sabino DATE: 5/28/23 Paper Size B Cape Canaveral, FL 16' 3" XISTING SWINGS 6' XISTING STRUCTURE 7'2" .—:—. .ram 6'8„ TREES TREES GUDE SLIDE 9' *PLAYGROUND SUPERVISION REQUIRED TREES 5' 10' 0 .5 1.0 2.0 3.0 Meters EXISTING CLIMBER CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • WEDNESDAY, SEPTEMBER 20, 2023 AGENDA ITEM SUMMARY • ITEM # 11 Subject: Resolution No. 2023-21; establishing rates and charges and other terms and conditions for public EV charging stations operated by the City on City owned or controlled property; providing for the repeal of prior inconsistent resolutions, severability and an effective date. Department: Community and Economic Development Department — Resilience Division Summary: At the July 18, 2023, Regular City Council Meeting, Council unanimously approved a City -owned electric vehicle (EV) charging station upgrade project proposal. This project will see each of the City's six dual plug current free -to -use non -networked Level-2 ClipperCreek EV charging stations be replaced with six dual plug networked NovaCHARGE NC8000 series Level-2 EV charging stations requiring user payment beginning in FY 23/24. One charging station will be located at Manatee Sanctuary Park, one at Banana River Park, one at the City of Cape Canaveral Community Center (C5), and three at Cape Canaveral City Hall. The Cape Canaveral Public Library's existing charging station will be removed and its services transferred over to the C5. Existing ClipperCreek charging stations will be repurposed to support the charging needs of all - electric municipal fleet vehicles. They will be re -installed by Staff — as needed — at the Water Reclamation Facility, which serves as the City's primary fleet holding/maintenance area, as all - electric fleet operations expand. Local Market Analysis City Staff conducted a market analysis specific to Level-2 EV charging station rate structures within the region, and was able to identify several municipalities that also own and operate their own Level-2 public charging stations. Level-3, or DC Fast Chargers, were not analyzed because these utilize much more electricity in order to recharge a vehicle from 0% to near 100% in only tens of minutes. The services provided by a Level-3 charging station are not comparable to those that will be provided by the City's Level-2 stations (which have a slower rate of recharge), and as such their rate structures are generally set at a higher price. The total list of municipalities identified include: 1. City of Cocoa Beach, Florida 2. City of Satellite Beach, Florida 3. City of Rockledge, Florida 4. City of Melbourne, Florida 5. City of Orlando, Florida 6. City of Coral Gables, Florida 7. City of Oldsmar, Florida 8. Town of Oakland, Florida Payment rates were mostly structured on a per kilowatt hour (kWh) basis for each city, with one city found to be utilizing a rate structure based solely on a pay -by -hour parking fee. Some incorporated a combination of both kWh and parking fee payments. Payment rates — broken down by municipality — are shown below: City of Cape Canaveral City Council Meeting • Wednesday, September 20, 2023 Agenda Item # 11 Page 2 of 4 1. City of Cocoa Beach, Florida (1 public EV charging station): $0.20 per kWh, plus $2.50 per hour parking fee 2. City of Satellite Beach, Florida (2 public EV charging stations): Free to use 3. City of Rockledge, Florida (2 public EV charging stations): $1.95 per hour and $0.15 per minute after charging stops 4. City of Melbourne, Florida (1 public EV charging station): $0.13 per kWh 5. City of Orlando, Florida (100 public EV charging stations): $0.12 per kWh 6. City of Coral Gables, Florida (30 public EV charging stations): $0.04 per minute ($2.40 per hour) 7. City of Oldsmar, Florida (3 public EV charging stations): $0.15 per kWh, plus a $0.50 connection fee 8. Town of Oakland, Florida: (1 public EV charging station): $0.15 per kWh The payment rates listed above apply to all users with no differential between residents and nonresidents. This analysis indicates that the average kWh rate structure for the municipalities that were reviewed was between $0.12 and $0.20. The City of Cape Canaveral's new networked stations will have the capability to charge for parking in addition to kWh dispensed. However, at this time, Staff is not recommending an additional parking fee be applied since no other City parking spaces require payment to utilize. Proposed Program Rate Structure Staff is recommending a resident vs non-resident rate structure for charging station usage (Attachment 2). This rate structure differential is authorized under State law, because, as described above, rates, terms, and conditions of EV charging services are not subject to regulation at this time. A potential rate structure, with a residency -based fee differential, is presented below. Fees collected will be deposited to the City's general fund revenue account and thereby used to offset costs for electricity provided at the stations as well as maintenance needs of the stations and related infrastructure. The proposed rate structure will include an increased rate after the first four hours to encourage vehicle turnover at each station. • Resident rates: - $0.15 per kWh for the first 4 hours - $0.20 per kWh after 5 hours • Nonresident rates: - $0.20 per kWh for the first 4 hours - $0.25 per kWh after 5 hours In addition, NovaCHARGE, like all cloud -based, networked EV charging service providers across the industry, will charge a standard transaction fee of $0.50, plus 5% of the overall transaction cost for each charging session. This transaction fee covers costs incurred by NovaCHARGE, including their 24/7 driver support line, fees assessed by NovaCHARGE's payment processing company, company employees and overhead. To increase turnover and reduce idling, all vehicles that remain plugged in after their charge is complete will incur an "idle fee" of $0.15 per minute until the recharging plug is removed. This would mirror the City of Rockledge's EV charging station idle fee. All City charging stations will be programmed to cease operations at 9:30 pm every evening, and resume operations at 6:30 am City of Cape Canaveral City Council Meeting • Wednesday, September 20, 2023 Agenda Item # 11 Page 3 of 4 every morning. Per City Code, it is prohibited to remain parked overnight at a City park (i.e., Manatee Sanctuary Park, Banana River Park, and Canaveral City Park where the C5 is located). While not prohibited by Code, the City does discourage overnight parking at City Hall to reduce the chances of loitering and risks during off -hours. Users will need to download NovaCHARGE's app — called ChargeUp — to utilize each of the City's public charging stations and create an account that will allow for transactions to occur. The app will alert users to how much money has been dispensed during their charging session and when charging is complete; as well as when time -based rate increases begin. EVs themselves also alert drivers to their charging status in real-time and when their charge is complete. To receive the discounted resident charging rate, residents will need to send City Staff their preferred email address with proof of residency (i.e., a driver's license, a utility bill, etc.) so it can be uploaded into each charging station's recognition software so the system will know to offer them the resident rate. This rate will only work for City -owned NovaCHARGE stations operated by the City on municipal property. No other NovaCHARGE charge stations, or any other charging station, are affected by the City's rate/payment structure. The system's email bank will be purged at the start of each fiscal year to ensure that resident accounts accurately reflect residency status. Residents will need to resubmit their preferred email address with proof of residency to keep their resident discount active. In the prelude to a severe tropical storm or hurricane event and/or an evacuation order is given to leave the barrier island, the proposed Resolution authorizes the City Manager to reduce charging station rates by $0.05 per kWh for all users until the applicable tropical storm or hurricane has concluded, or the evacuation order is rescinded. This will help facilitate evacuation traffic by offering recharges to EV users wishing to leave the island. This specific "emergency pricing plan" may only be instituted when an evacuation order is given or a warning is issued. Charging stations will not be physically turned off during a storm event, but their hours of operation will remain the same. Each charging station's system contains a digital dashboard that can produce actual expense and revenue figures in real-time at any time. Staff will produce an annual report on program revenue/expenses. During the first year of operation, Staff will produce the report for City Council on a quarterly basis. The City will have the ability to change the program's rate structure at any time via Council Resolution due to each station's "smart" networked capabilities, allowing for better flexibility and adaptability to any possible market and/or regulatory changes. Vehicles that are found left behind at a City charging station for a long period of time are subject to towing in accordance with the City's code applicable to abandoned vehicles. Each of the two parking spaces situated in front of each of the City's charging stations will be designated "EV Only" parking. An internal combustion engine -based vehicle found to be parked in an EV Only space is subject to citations under Florida law enforced by the Brevard County Sheriff's Office. Typically, a full "refuel" for an EV battery pack costs less than that of a full refuel of a traditional gas or diesel vehicle, and the cost of electricity is less volatile in nature than the cost of gasoline or diesel. As such, the City assumes minimal risk in the proposed rate structure in terms of the cost of electricity provided. The project will officially commence the first week of October 2023. Staff and NovaCHARGE are working to complete the project sometime within the fourth quarter of 2023 (October — December) City of Cape Canaveral City Council Meeting • Wednesday, September 20, 2023 Agenda Item # 11 Page 4 of 4 pending no weather and/or supply chain issues. NovaCHARGE has indicated that the project could be completed within about thirty days. Public outreach will begin two to three weeks before the estimated completion of the stations, and will indicate how to utilize each station, rate structure, and how to apply for a resident discount. Outreach will be conducted via the City's Weekly Update, paper -based promotional materials within public facilities, and on social media platforms. Submitting Department Director: David Dickey Attachments: 1. Email from City Attorney re: Pertinent Florida State Statute EV Charging Station Information 2. Resolution No. 2023-21 Financial Impact: • Staff time and effort to prepare this agenda item. • Total upfront project cost: $108,912.94. • Total installation project budget: $120,000, which includes the one-year warranty extension (total 5 years). • Ongoing networking fees: $400 per year per charger. • Revenue is estimated at —$72,000 per year (among all six charging stations), based on proposed rate structure. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Adopt Resolution No. 2023-21. Approved by City Manager: Todd Morley Attachment 1 From: Anthony A. Garaanese To: Todd Morley Cc: David Dicke ; Zachary Eichholz; Don Willis Subject: RE: [EXTERNAL] EV Charging Stations Date: Tuesday, February 21, 2023 12:06:38 PM Todd, Public utilities are governed by Florida Statutes Chapter 366. Florida Statutes § 366.02 states that the term "public utility" does not include a municipality or any agency thereof. Florida Statutes § 366.94 governs electric vehicle charging stations. Section 366.94(1) states that "[t]he provision of electric vehicle charging to the public by a nonutility is not the retail sale of electricity for the purposes of this chapter. The rates, terms, and conditions of electric vehicle charging services by a nonutility are not subject to regulation under this chapter. This section does not affect the ability of individuals, businesses, or governmental entities to acquire, install, or use an electric vehicle charger for their own vehicles." Further, subsection (2) directs the Florida Department of Agriculture, Office of Energy, to promulgate rules related to the methods of sale, labeling, and pricing of electric vehicle charging stations. Section 50-3 of the Administrative Code was created to house these rules. However, no rules exist. So, electric vehicle charging made available to the public by a non -utility (such as the City) is not considered a retail sale of electricity and, therefore, the rates, terms, and conditions of EV charging services are not subject to regulation at this time. Thus, a city which has installed electric vehicle charging stations on city property is not a public utility and is not engaged in the retail sale of electricity, and therefore is not subject to regulation as a utility under Chapter 366. There is no further provision of the Florida Statutes which would prohibit a city from charging customers for the use of the city's electric vehicle charging stations. A municipality may, therefore, be an owner or operator of an electric vehicle charging station as there is no provision of the Florida Statutes which would prevent a municipality from owning or operating an electric vehicle charging station. Pursuant to Florida Statutes § 377.815(3), the city, as an owner or operator of an electric vehicle charging station, may report the station's name, address, or location, and the fees or costs associated with the electric vehicle charging services provided by the station, to the Florida Department of Agriculture and Consumer Services. Also, FYI. The City of Orlando has publicly -available electric vehicle charging stations (for example near my office by Lake Eola on Rosalind and at the City parking garage on the corner of Rosalind and Robinson). You can find information regarding the charging stations here (private site with information about EV charging stations) and here (city map of charging stations). Regards, Anthony G W D S GARGANESE I WEISS D' AGRESTA & SALZMAN ATTORNEYS AT LAW Garganese, Weiss, D'Agresta & Salzman, P.A. Anthony A. Garganese, Shareholder Board Certified in City, County & Local Government Law 111 N. Orange Ave., Suite 2000 P.O. Box 2873 Orlando, Florida 32802-2873 Phone (407) 425-9566 Fax (407) 425-9596 Kissimmee (321) 402-0144 Cocoa (866) 425-9566 Website: www.orlandolaw.net Email: sshell@orlandolaw.net Any incoming e-mail reply to this communication will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we may not receive your reply and/or we may not receive it in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time -sensitive by means other than e-mail. Confidentiality Note: This e-mail, and any attachment to it, contains privileged and confidential information intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you. From: Todd Morley [mailto:T.Morley@cityofcapecanaveral.org] Sent: Friday, February 17, 2023 3:42 PM To: Anthony A. Garganese <agarganese@orlandolaw.net> Cc: David Dickey <D.Dickey@cityofcapecanaveral.org>; Zachary Eichholz <z.eichholz@cityofcapecanaveral.org> Subject: [EXTERNAL] EV Charging Stations Anthony, FYI - One of the agenda items is an item submitted by Councilmember Willis regarding the status of the Rivian Agreement. As you know, Rivian has shifted their focus away from this initiative and we are back to square one. Could the City charge for this service? Is this creating utility? We should be prepared to respond to this next Tuesday. Todd Todd Morley City Manager City of Cape Canaveral (321) 868-1220 x218 100 Polk Avenue — P.O. Box 326 Cape Canaveral, Florida 32920 Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. Attachment 2 RESOLUTION NO. 2023-21 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA; ESTABLISHING RATES AND CHARGES AND OTHER TERMS AND CONDITIONS FOR PUBLIC EV CHARGING STATIONS OPERATED BY THE CITY ON CITY OWNED OR CONTROLLED PROPERTY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City is granted the home rule authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Section 366.94(1) states that the provision of electric vehicle charging to the public by a nonutility is not the retail sale of electricity for the purposes of being regulated by the Florida Public Service Commission under Chapter 366, Florida Statutes. Therefore, the rates, terms, and conditions of electric vehicle charging services by a nonutility are not subject to regulation under Chapter 366, Florida Statutes, and Chapter 366 does not affect the ability of individuals, businesses, or governmental entities to acquire, install, or use an electric vehicle charger for their own vehicles; and WHEREAS, based on the home rule powers vested in the City under the State Constitution, and the applicable provisions of Chapter 366, Florida Statutes, the City Council hereby finds that it has the authority to acquire, install, and use publicly available EV charging stations on City owned or controlled property and to impose rates, terms, and conditions for their use; and WHEREAS, the demand and availability of electric vehicles ("EVs") continues to grow within the United States, and Florida is second only to California in the number of EVs according to Southern Alliance for Clean Energy; and WHEREAS, Florida Power and Light (FPL) predicts that there will be over 600,000 EVs within its service territory by 2030 and approximately 8.1 million EVs by 2040; and WHEREAS, EVs are an important emerging technology for Cape Canaveral residents for a number of reasons, as recognized by the Legislature of the State of Florida: "conserves and protects the state's environmental resources, provides significant economic savings to drivers, and serves an important public interest." Section 718.113(8), Fla. Stat.; and WHEREAS, due to the City's unique coastal location adjacent to major tourist attractions, such as Port Canaveral, Kennedy Space Center, beaches, and the near -future Brevard Zoo aquarium, as well as the existence of critical military and aerospace installations, there is and will continue to be a need for accessible public EV charging station infrastructure to support long- term economic growth as EV ownership continues to increase; and WHEREAS, the City has also observed that a number of City residents rely upon the City's public charging stations given that they do not have access to home -based charging infrastructure either because they live in a rental or condominium property; and City of Cape Canaveral Resolution No. 2023-21 Page 1 of 4 WHEREAS, although private EV charging stations exist in various places, there currently appears to be a lack of publicly available EV charging stations on the barrier island based on a general area observation conducted by City staff; and WHEREAS, due to the growing demand for EVs and the need to provide publicly available EV charging stations, the City Council has recently authorized the purchase and installation of new "smart" EV charging stations at Manatee Sanctuary Park, Banana River Park, City Hall and the City of Cape Canaveral Community Center for purposes of continuing to support the electrification of the transportation sector and staying a leader in the region by offering long-term fiscal sustainability and better program management in furtherance of the goals set forth in the City's Resiliency Action Plan; and WHEREAS, in order to support the City's goal of providing state of the art "smart" publicly available EV charging stations, and to cover the City's operational and maintenance costs associated with such stations, the City Council hereby desires to establish reasonable rates and charges for the public's use of the City's EV charging stations; and WHEREAS, the City Council hereby finds that this Resolution supports the City's goal of providing widespread access to EV charging infrastructure throughout the City to prepare for increasing deployment of EVs, improve local air quality, and achieve the City's sustainability and climate goals in an accessible and inclusive manner; and WHEREAS, the City Council hereby also finds that this Resolution is in the best interests of the public health, safety and welfare of the citizens of the City of Cape Canaveral and general public. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. Section 2. Adoption of Rates and Charges Schedule. The following rates and charges and other terms and conditions of usage are hereby adopted for City operated EV charging stations on City owned or controlled properties: A. City Resident usage rates: $0.15 per kWh for the first 4 hours $0.20 per kWh after 5 hours To receive the City Resident rate, a person must provide proof of residency in the form of a current driver's license, passport, personal identification card issued by a governmental agency, utility bill, homestead exemption, or such other supporting documentation deemed acceptable by the City Manager or designee. Residency status shall be verified by the City Manager or designee at least annually. B. Non -City Resident usage rates: $0.20 per kWh for the first 4 hours $0.25 per kWh after 5 hours City of Cape Canaveral Resolution No. 2023-21 Page 2 of 4 C. Additional Transaction Fee: In addition to the kWh rate described in Sections A and B above, a standard $0.50 flat transaction fee — plus 5% of the overall transaction cost shall be charged to a user for each charging session. D. Idle Fee: For purposes of increasing turnover and public availability of the charging stations to vehicles in need of charging and reducing idling, all vehicles that remain plugged in after their charge is complete shall incur an "idle fee" of $0.15 per minute until the recharging plug is removed. E. Other Terms and Conditions of Usage: All EV charging stations will be programmed to cease operations at 9:30 pm every evening, and resume operations at 6:30 am every morning. Any provision of the City Code prohibiting or limiting overnight parking on City owned property (including City parks such as Manatee Sanctuary Park, Banana River Park, and Canaveral City Park) shall remain in full force and effect. Whenever a tropical storm or hurricane warning or evacuation order is issued for Cape Canaveral, the City Manager is authorized to reduce the KWh rates in Section A and B by $0.05 per KWh for all users until the applicable tropical storm or hurricane event has concluded, or the evacuation order has been rescinded. 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. Reporting Resolution to State. Pursuant to Florida Statutes § 377.815(3), the City, as an owner or operator of an electric vehicle charging station that is available for public use, may report the station's name, address, or location, and the fees or costs associated with the electric vehicle charging services provided by the station, to the Florida Department of Agriculture and Consumer Services. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 19th day of September 2023. [Signature Page Follows] City of Cape Canaveral Resolution No. 2023-21 Page 3 of 4 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. 2023-21 Page 4 of 4 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • WEDNESDAY, SEPTEMBER 20, 2023 AGENDA ITEM SUMMARY • ITEM # 12 Subject: Authorize removal of three (3) Specimen Live Oak trees (Trees 1-3) at 115 Jefferson Avenue, with the required mitigation completed prior to the issuance of a Certificate of Occupancy for the proposed duplex, and that mitigation is calculated at a ratio of one-to-one which can be in the form of a contribution to the City's Tree Bank and/or planting of replacement trees. Department: Community and Economic Development Summary: On August 1, 2023, a Specimen Tree removal permit application was submitted to City Staff for the removal of three (3) Live Oak trees on undeveloped property at 115 Jefferson Avenue by Wittekind Enterprises, INC/Barber Enterprises, LLC (property owners), due to the trees being within the footprint of a proposed duplex (Attachment 1). On August 8, 2023, the City Arborist conducted a site inspection and verified the Live Oak trees proposed for removal are Specimen Trees. The City Arborist submitted three Tree Hazard Evaluation Forms (Attachments 2,3 and 4). Tree #1 has a diameter at breast height (dbh) of fifty-six (56) inches, is approximately forty (40) feet in height and has a thirty-five (35) foot canopy spread. Tree #2 has a dbh of thirty-six (36) inches, is approximately forty (40) feet in height and has a thirty-five (35) foot canopy spread. Tree #3 has a dbh of twenty-five (25) inches, is approximately forty (40) feet in height and has a thirty-five (35) foot canopy spread. The Arborist's report indicated, at the time of inspection, all trees were in good health. Combined, the three Specimen Trees have a combined dbh of 117 inches. Sec. 102-41(b) of the City's Code states that: "Specimen Trees shall not be removed except for extraordinary circumstances and hardships and only by final permit approved by the City Council." Furthermore, Sec. 102-41(c) of Code establishes removal criteria applicable to Specimen Trees, na mely: 1. Whether the site design, as determined by a preland-clearing inspection, are feasible to allow the use permitted, as established by the applicable zoning district regulations. Streets, rights -of -way, easements, utilities, lake perimeters and lot lines shall be shifted whenever possible to preserve trees. 2. Whether the specimen tree is located within the footprint of the proposed structure or if more than one-third of the specimen tree canopy would be required to be removed in order to accommodate the proposed structure, and whether or not it is feasible to relocate the structure. 3. Whether the location of the specimen tree prevents any access to the property from a publicly dedicated and maintained roadway, or whether the tree constitutes a hazard to pedestrian or vehicular traffic that cannot be mitigated without removing the tree. 4. Whether the location of the specimen tree interferes with or prevents the construction of utility lines, drainage facilities, roadways or required vehicular use area which cannot be practically relocated or rerouted. 5. Whether the specimen tree is diseased, weakened by age, storm, fire or other injury so as to pose a danger to persons, property, site improvements or other trees. As indicated above, the three Specimen Trees are located in the footprint of the proposed structure, and are eligible for removal per Sec. 102-41(c)(2) above. City of Cape Canaveral City Council Meeting • Wednesday, September 20, 2023 Agenda Item # 12 Page 2 of 2 Sec. 102-41(b) also indicates that as a condition of removal of any specimen tree, the City Council has the right to require replacement trees be planted or a contribution to the tree bank be made. A site visit by Staff confirmed the three (3) Specimen Trees are located within the footprint of the proposed building (see Trees 1-3 on Attachment 5). For this reason, Staff recommends City Council authorize removal of the three Specimen Trees, with mitigation calculated at a ratio of one-to-one which can be in the form of a contribution to the City's Tree Bank or planting of replacement trees and the required mitigation completed prior to the issuance of a Certificate of Occupancy for the proposed duplex. As indicated in the submitted Landscape Plan (Attachment 6), three palm trees, two Crepe Myrtle trees, seven bamboo plants, two Live Oak trees, and two Weeping Bottlebrush trees will be planted as part of the duplex development. Should Council approve this request, Staff will determine, at the time of permitting, what, if any, additional plantings and/or Tree Bank contributions are needed for compliance with mitigation requirements. During Staff's site visit, a fourth Specimen Tree was identified on the property, outside of the proposed building footprint (see Tree 4 on Attachment 5). It is approximately 10-feet from the footprint, and based on the available information, does not meet removal criteria in paragraph (2) above. It is the intent of the owner to preserve this tree. However, if during construction of the duplex, it is determined that the tree cannot be preserved, a subsequent removal request will be presented to the Council. F.S. 2019-155, passed by the Florida Legislature in 2019, prohibiting local government from regulating the removal of trees on residential lots, does not apply to this request as the specimen trees are healthy and do not pose a danger to persons or property. Submitting Department Director: David Dickey Attachments: 1. Permit Application for Removal of Trees/Aerial Photo 2. Tree Hazard Evaluation Form Tree #1 3. Tree Hazard Evaluation Form Tree #2 4. Tree Hazard Evaluation Form Tree #3 5. Tree Location Survey 6. Landscape Plan 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: Authorize removal of three (3) Specimen Live Oak trees (Trees 1-3) at 115 Jefferson Avenue, with the required mitigation completed prior to the issuance of a Certificate of Occupancy for the proposed duplex, and that mitigation is calculated at a ratio of one-to-one which can be in the form of a contribution to the City's Tree Bank and/or planting of replacement trees. Approved by City Manager: Todd Morley Attachment 1 CITY OF CAPE CANAVERAL 100 POLK AVENUE CAPE CANAVERAL, FL 32920 (321) 868-1220 phone (321) 868-1247 fax b.palmer@cityofcapecanaveraLorg Application Date: APPLICATION FOR SPECIMEN TREE REMOVAL City of Cape Canaveral Code of Ordinances Section 102-41 PROPERTY INFORMATION Site Address: 115 JEFFERSON AVE 32920 Owner's Name: WITTEKIND ENTP. INC/BABER ENTP. LLC 321-223-9746 Owner's Address: 161 HARMONY LANE, TITUSVILLE 32780 CONTRACTOR/APPLICANT (S) INFORMATION Qualifier Name: Company Name: Address: Owner/Builder First Ucensies # Street City Zip Fax #: Phone #: E-Mail: ❑Single Family Residence ❑Townhome ❑Apartment ❑Other 2-STORY DUPLEX PROJECT INFORMATION Type of Specimen tree(s) to be removed:OAKS Please clarify the reason Specimen tree(s) must be removed: WITHIN FOOTPRINT OF PLANNED DUPLEX BUILD Please indicate the number of Specimen trees to be removed: 3 Do you plan to replant? Please Describe: YES/SEE LANDSCAPE PLAN How many trees do you plan to replant: 22 Notes: d.b.h. is diameter at breast height (4 1/2 feet above grade) Caliper is the measurement of a tree 12 inches from the soil level. A Specimen Tree is one with a 24' or greater caliper measurement. City Council shall have final approval authority for the removal of Specimen Trees. *ALL trees to be removed must be marked prior to the City Arborists inspection. Intl. FORM DATE: 7/27/2023 PAGE 1 of 2 FORM: APPL APPLICANT'S AFFIDAVIT Application is hereby made to obtain a permit to do the tree removal and replacement work as indicated. 1 certify that no work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all laws regulating tree removal in this jurisdiction. A copy of the permit shall be posted on -site until all tree removal activities are complete. By signing, applicant affirms that all above is true and correct and that he/she is an authorized agent of the Contractor and/or the Owner and has the authority to apply for this permit. Signature: Contractor/Applicant Date: Aug. 1, 2023 State of Florida County of Brevard Subscribed and sworn to before me this 1 day of August ______, 2023, personally appeared ______________ who is personally Known to me or produced ____________ as identification, and who did/did not take an oath. (Signature) Notary Public Signature DISCLAIMER: CS/HB 1159 (1) A local government may not require a notice, application, approval, permit, fee, or mitigation for the pruning, trimming, or removal of a tree on State of Florida residential property if the property owner obtains documentation from an arborist certified by the International Society of Arboriculture or a Florida licensed landscape architect that the tree presents a danger to persons or property. (Single Family Residential Only) Notary Public State of Florida Gayle Barrial My Commission HH 138613 Expires 06/05/2025 Seal FORM DATE: 7/30/2019 Page 2 of 2 FORM: APPL Areal of 115 Jefferson Avenue FG IYMQ, '14Q I¢• EuEvATlon-a.a . 'I0 R€1LS N 594143. C OAK #S a Csi I NOT APRT OF, THIS `LAT r cn , z I '17 ° ex4,' CAL -ID NEILSO B948' JEEFE ON AVE (48 PUB= RrCNT—or—WAY) W.F. 6' W.F. AR1 Y NOTE: (3.1VS) (4.2'S) IS kS TO CERTIFY THAT ,L SAVVY' O THE ASOvE DESCRIBED PROPERTY ' AS M JIf QEoR UY 9JPeRWSJ COI Ma fl &T 'THESCUM- HERErH IS A TRUE &NEI P.cCVR;4TF uETu LIP T +o uTrturr EASEMENT PROPOSED CC9NC_ DRIVEWAY oPosea PA'10 FDSJ8"LR, '10 NEILSON 6g46 YET 75.00 rr) . NOT A PART or L z L LOT 5£ F 1 2" I. S, -ID LS6263" Attachment 2 *"°""' A Photographic Guide to the Evaluation of Hazard Trees in Urban Areas TREE HAZARD EVALUATION FORM 2nd Edition Site/Address: 115 Jefferson Ave. Map/Location: Owner: public private X unknown other Date: 8/8/2023 Inspector: City of Cape Canaveral- Tim Davis Date of last inspection: Unknown HAZARD RATING: + 4 + 4 = 9 Failure + Size + Target = Hazard Potential of part Rating Rating ___ Immediate action needed ___ Needs further inspection ___ Dead tree TREE CHARACTERISTICS Tree #: 1 Species: Quercus virginiana "Live Oak" DBH: 56" # of trunks: 2 Height: 40 ft. Spread: 35 ft. Form: ✓❑ generally symmetric ❑minor asymmetry ❑major asymmetry ❑stump sprout ❑stag-headed Crown class: ✓❑dominant ❑co-dominant ❑intermediate ❑suppressed Live crown ratio: 100 % Age class: ❑young ❑semi-mature ID mature Dover-mature/senescent Pruning history: ❑crown cleaned❑excessively thinned ❑topped❑crown raised ❑pollarded❑crown reduced❑flush cuts❑cabled/braced none ❑multiple pruning events Approx.dates: Special Value: ❑✓specimen ❑heritage/historic ❑wildlife ❑unusual ❑street tree ❑screen ❑shade❑indigenous ID protected by g0v agency TREE HEALTH Foliage color. ✓❑normal ❑chlorotic ❑necrotic Epicormics? Y0N0 Growth obstructions: Foliage density: Qnormal sparse Leaf size: ID normal ❑small ❑stakes ❑wire/ties ❑signs ❑cables Annual shoot growth: ❑excellent ❑average ❑poor Twig Dieback? VON® ❑curb/pavement ❑guards Woundwood development: ❑excellent average ❑poor ❑none ✓❑other New house Vigor class: ❑excellent ✓❑average ❑fair ❑poor Mayor pests/diseases: None at the time of my inspection. SITE CONDITIONS Site Character. ✓❑residence ❑commercial Dindustrial ❑park ❑open space ❑natural ❑woodlandltorest Landscape type: ❑parkway praised bed ❑container ❑mound ✓❑lawn ❑shrub border ❑wind break Irrigation: 'inane adequate ❑inadequate ❑excessive ❑trunk wettled Recent site disturbance? YONO ❑construction ❑soil disturbance ❑grade change [line clearing ❑site clearing %dripline paved: 0°°0 10-25%025-50%050-75%075-10O°r% 0 Pavement lifted? YON %dripline w,lfill soil: 0%0 10-25°/0025-50%❑50-75°I°075-100%❑ dripline grade lowered: 0%0 10-25%025-50%050-75%075-100%0 Soil problems:❑drainage❑shallow ✓❑compacted[droughty❑saline ✓❑alkaline ❑acidic Osman volume❑disease center ❑history of fail ❑clay ❑expansive ❑slope aspect: Obstructions: Plights ❑signage ❑line-of-sight ❑view ❑overhead lines ❑underground utilities ❑traffic ❑adjacentveg. ❑✓ None Exposure to wind: ✓❑single tree ❑below canopy ❑above canopy ❑recently exposed ❑ vindward,canopy edge ❑area prone to windthrcw Prevailing wind direction: East Occurrence of snow/ice storms Dever ❑seldom ❑regularly TARGET Use Under Tree: ❑building ❑parking ❑traffic ❑pedestrian ❑recreation ❑landscape ❑hardscape 'Ismail features ❑utility lines Can target be moved? YONO Can use be restricted? YON 0 Occupancy: O occasional use ❑intermittent use O frequent use X constant use The International Society of Arboriculture assumes no responsibility for conclusions or recommendations derived from use of this form. TREE DEFECTS ROOT DEFECTS: Suspect root rot: YON 0 Mushroom/conk/bracket present: YON O ID: Exposed roots: ❑severe ❑moderate 0low Undermined: ❑severe ❑moderate Dim Root pruned: 0 ft distance from trunk Root area affected: 0 Buttress wounded: YON O When: Restricted root area: ❑severe ❑moderate ✓❑low Potential for root failure: ❑severe ❑moderate 11 low LEAN: 0 deg.from vertical ❑natural ❑unnatural ❑self-corrected Soil heaving: YON Q Decay in plane of lean: VON Q Roots broken YONO Soil cracking: YON 0 Compounding factors: None healthy trees. New house being built on lot. Lean severity: ❑Severe ❑moderate ✓❑low CROWN DEFECTS: Indicate presence of individual defects and rate their severity(s=severe, m=moderate,I= low) DEFECT ROOT CROWN TRUNK SCAFFOLDS BRANCHES Poor taper L L L L Bow,sweep L L L L Codominants/forks LL L L L Multiple attachments L L L L Included bark L L L L Excessive end weight N/A L L L Cracks/splits L L L L Hangers N/A L L L Girdling L _ L L L Wounds/seam L L L L Decay L L L L Cavity L L L L Conks/mushrooms/bracket L L L L Bleeding/sap flow L L L L Loose/cracked bark L L L L Nesting hole/bee hive L L L L Deadwood/stubs L L L L Borers/termites/ants L L L L Cankers/galls/burls L L L L Previous failure L L L L HAZARD RATING Tree part most likely to fail: Healthy trees. Inspection period: annual biannual other 1 time. Failure Potential+Size of Part+Target Rating = Hazard Rating 1 + 4 + 4 = 9 Failure potential: 1 - low 2 - medium; 3 - high 4 - severe Size of part: 1 - <6: (15 cm):2-6-18" (15-45 cm) 3 - 18 - 30" (45 - 75 cm); 4 - >30" (75 cm) Target rating: 1 - occasional use; 2 intermittent use; 3-frequent use:4-constant use HAZARD ABATEMENT Prune: ❑remove detective part Dreduce end weight ❑crown clean ❑thin ❑raise canopy ❑crown reduce ❑restructure ❑shape Cable/Brace: Inspect further: ❑root crown ❑decay Daerial ❑monitor Remove tree: YON O Replace? YONO Move target: YON O Other: Effect on adjacent trees: Z none Devaluate Notification: 'Downer ✓❑manager ❑✓ governing agency Date: 8/8/2023 COMMENTS The tree I inspected today is a Live Oak. At the time of my inspection the tree was in good health with no hazards. Thank you, Tim Davis FLO509A Attachment 3 *"°""' A Photographic Guide to the Evaluation of Hazard Trees in Urban Areas TREE HAZARD EVALUATION FORM 2nd Edition Site/Address: 115 Jefferson Ave. Map/Location: Owner:public private X unknown other Date: 8/8/2023 Inspector: City of Cape Canaveral - Tim Davis Date of last inspection: Unknown HAZARD RATING: 1 + 4 + 4 = 9 Failure + Size + Target = Hazard Potential of part Rating Rating ____ Immediate action needed ____ Needs further inspection ____ Dead tree TREE CHARACTERISTICS Tree #: 2 Species: Quercus virginiana "Live Oak" DBH: 36" tl of trunks: 1 Height: 40 ft. Spread: 35 ft. Form: ✓❑ generally symmetric ❑minor asymmetry ❑major asymmetry ❑stump sprout ❑stag-headed Crown class: ✓❑dominant ❑co-dominant ❑intermediate ❑suppressed Live crown ratio: 100 % Age class: ❑young ❑semi-mature P mature Dover-mature/senescent Pruning history: ❑crown cleaned❑excessively thinned ❑topped❑crown raised ❑pollarded❑crown reduced❑flush cuts❑cabled/braced none ❑multiple pruning events Approx.dates: Special Value: ❑✓specimen ❑heritage/historic ❑wildlife ❑unusual ❑street tree ❑screen ❑shade❑indigenous ID protected by g0v agency TREE HEALTH Foliage color. ✓❑normal ❑Chlorotic ❑necrotic Epicormics? Y0N0 Growth obstructions: Foliage density: Qnormal sparse Leaf size: ID normal ❑small ❑stakes ❑wire/ties ❑signs ❑cables Annual shoot growth: ❑excellent ❑average ❑poor Twig Dieback? VON® ❑curb/pavement [guards Woundwood development: ❑excellent 'leverage ❑poor ❑none Pother New house Vigor class: ❑excellent ✓❑average [fair ❑poor Mayor pests/diseases: None at the time of my inspection. SITE CONDITIONS Site Character. ✓❑residence ❑commercial ❑industrial ❑park [open space [natural ❑woodlandltorest Landscape type: ❑parkway Praised bed ❑container ❑mound ✓❑lawn ❑shrub border ❑wind break Irrigation: X none adequate ❑inadequate ❑excessive ❑trunk wettled Recent site disturbance? YONO ❑construction ❑soil disturbance ❑grade change [line clearing ❑site clearing %dripline paved: 0°% ❑ 10-25% 0 25-50% X 50-75% 75-100°% 0 Pavement lifted? YON %driplinew/fill soil: 0% X 10-25°% O 25-50% O 50-75°% O 75-100%❑ %dripline grade lowered: 0% 0 10-25% X 25-50% O 50-75% O 75-100% O Soil problems:❑drainage❑shallow ✓❑compacted❑droughty❑saline ✓❑alkaline ❑acidic Osman volume[disease center ❑history of fail ❑clay ❑expansive ❑slope aspect: Obstructions: O lights ❑signage ❑line-of-sight ❑view ❑overhead lines ❑underground utilities ❑traffic ❑adjacentveg. ❑✓ None Exposure to wind: ✓❑single tree ❑below canopy ❑above canopy ❑recently exposed ❑ vindward,canopy edge O area prone to windthrow Prevailing wind direction: East Occurrence of snow/ice storms X never ❑seldom ❑regularly TARGET Use Under Tree: ❑building ❑parking O traffic O pedestrian O recreation ❑landscape ❑hardscape O small features ❑utility lines Can target be moved? YONO Can use be restricted? YON 0 Occupancy: O occasional use O intermittent use O frequent use X constant use The International Society of Arboriculture assumes no responsibility for conclusions or recommendations derived from use of this form. TREE DEFECTS ROOT DEFECTS: Suspect root rot: YON 0 Mushroom/conk/bracket present: YON O ID: Exposed roots: ❑severe ❑moderate 0low Undermined: ❑severe ❑moderate Dim Root pruned: 0 ft distance from trunk Root area affected: 0 Buttress wounded: YON O When: Restricted root area: ❑severe ❑moderate ✓❑low Potential for root failure: ❑severe ❑moderate X low LEAN: 0 deg.from vertical ❑natural ❑unnatural ❑self-corrected Soil heaving: YON O Decay in plane of lean: VON Q Roots broken YONO Soil cracking: YON 0 Compounding factors: None healthy trees. New house being built on lot. Lean severity: ❑Severe ❑moderate ✓❑low CROWN DEFECTS: Indicate presence of individual defects and rate their severity(s=severe, m=moderate,I= low) DEFECT ROOT CROWN TRUNK SCAFFOLDS BRANCHES Poor taper L L L L Bow,sweep L L L L Codominants/forks LL L L L Multiple attachments L L L L Included bark L L L L Excessive end weight N/A L L L Cracks/splits L L L L Hangers N/A L L L Girdling L L L L Wounds/seam L L L L Decay L L L L Cavity L L L L Conks/mushrooms/bracket L L L L Bleeding/sap flow L L L L Loose/cracked bark L L L L Nesting hole/bee hive L L L L Deadwood/stubs L L L L Borers/termites/ants L L L L Cankers/galls/burls L L L L Previous failure L L L L HAZARD RATING Tree part most likely to fail: Healthy trees. Inspection period: annual biannual other 1 time. Failure Potential + Size of Part + Target Rating = Hazard Rating 1 + 4 + 4 = 9 Failure potential 1 - low 2 - medium; 3 - high 4 - severe Size of part 1 -<6"(15 cm); 2 - 6-18" (15-45 cm); 3 - 18-30" (45-75 cm); 4 - >30" (75 cm Target rating: 1 -occasional use; 2 intermittent use; 3-frequent use:4-constant use HAZARD ABATEMENT Prune: ❑remove detective part Dreduce end weight ❑crown clean ❑thin ❑raise canopy ❑crown reduce ❑restructure ❑shape Cable/Brace: Inspect further: ❑root crown ❑decay Daerial ❑monitor Remove tree: YON O Replace? YONO Move target: YON O Other: Effect on adjacent trees: Z none O evaluate Notification: X owner ✓❑manager ❑✓ governing agency Date: 8/8/2023 COMMENTS The tree I inspected today is a Live Oak. At the time of my inspection the tree was in good health with no hazards. Thank you, Tim Davis FLO509A Attachment 4 *"°""' A Photographic Guide to the Evaluation of Hazard Trees in Urban Areas TREE HAZARD EVALUATION FORM 2nd Edition Site/Address: 115 Jefferson Ave. Map/Location: Owner:public private X unknown other Date: 8/8/2023 Inspector: City of Cape Canaveral - Tim Davis Date of last inspection: Unknown HAZARD RATING: 1 + 4 + 4 = 9 Failure + Size + Target = Hazard Potential of part Rating Rating ___ Immediate action needed ___ Needs further inspection ___ Dead tree TREE CHARACTERISTICS Tree #: 3 Species: Quercus virginiana "Live Oak" DBH: 25" tl of trunks: 1 Height: 40 ft. Spread: 35 ft. Form: ✓❑ generally symmetric ❑minor asymmetry ❑major asymmetry ❑stump sprout ❑stag-headed Crown class: ✓❑dominant ❑co-dominant ❑intermediate ❑suppressed Live crown ratio: 100 % Age class: ❑young ❑semi-mature P mature Dover-mature/senescent Pruning history: ❑crown cleaned❑excessively thinned ❑topped❑crown raised ❑pollarded❑crown reduced❑flush cuts❑cabled/braced none ❑multiple pruning events Approx.dates: Special Value: ❑✓specimen ❑heritage/historic ❑wildlife ❑unusual ❑street tree ❑screen ❑shade❑indigenous X protected by gov agency TREE HEALTH Foliage color. ✓❑normal ❑chlorotic ❑necrotic Epicormics? Y0N0 Growth obstructions: Foliage density: X normal sparse Leaf size: X normal ❑small ❑stakes ❑wire/ties ❑signs ❑cables Annual shoot growth: ❑excellent ❑average ❑poor Twig Dieback? VON® ❑curb/pavement ❑guards Woundwood development: ❑excellent average ❑poor ❑none Pother New house Vigor class: ❑excellent ✓❑average ❑fair ❑poor Mayor pests/diseases: None at the time of my inspection. SITE CONDITIONS Site Character. ✓❑residence ❑commercial ❑industrial ❑park ❑open space ❑natural ❑woodlandlforest Landscape type: ❑parkway Praised bed ❑container ❑mound ✓❑lawn ❑shrub border ❑wind break Irrigation: X none adequate ❑inadequate ❑excessive ❑trunk wettled Recent site disturbance? YONO ❑construction ❑soil disturbance ❑grade change ❑line clearing ❑site clearing %dripline paved: 0°% 0 10-25% 0 25-50% X 50-75% 0 75-10O% 0 Pavement lifted? YON %dripline WI fill soil: 0% X 10-25% 0 25-50% 0 50-75% 0 75-100% 0 %dripline grade lowered: 0% 0 10-25% X 25-50% 0 50-75% 0 75-100% 0 Soil problems:❑drainage❑shallow ✓❑compacted O droughty❑saline X alkaline ❑acidic ❑small volume❑disease center ❑history of fail ❑clay ❑expansive ❑slope aspect: Obstructions: Plights ❑signage ❑line-of-sight ❑view ❑overhead lines ❑underground utilities ❑traffic ❑adjacentveg. ❑✓ None Exposure to wind: ✓❑single tree ❑below canopy ❑above canopy ❑recently exposed ❑windward,canopy edge Ilarea prone to windthrcw Prevailing wind direction: East Occurrence of snow/ice storms X Never ❑seldom ❑regularly TARGET Use Under Tree: ❑building ❑parking ❑traffic ❑pedestrian ❑recreation ❑landscape ❑hardscape O smail features ❑utility lines Can target be moved? YONO Can use be restricted? YON 0 Occupancy: O occasional use ❑intermittent use O frequent use X constant use The International Society of Arboriculture assumes no responsibility for conclusions or recommendations derived from use of this form. TREE DEFECTS ROOT DEFECTS: Suspect root rot: YON 0 Mushroom/conk/bracket present: YON O ID: Exposed roots: ❑severe ❑moderate 0low Undermined: ❑severe ❑moderate Dim Root pruned: 0 ft distance from trunk Root area affected: 0 Buttress wounded: YON O When: Restricted root area: ❑severe ❑moderate ✓❑low Potential for root failure: ❑severe ❑moderate X low LEAN: 0 deg.from vertical ❑natural ❑unnatural ❑self-corrected Soil heaving: YON O Decay in plane of lean: VON O Roots broken YON O Soil cracking: YON O Compounding factors: None healthy trees. New house being built on lot. Lean severity: ❑Severe ❑moderate ✓❑low CROWN DEFECTS: Indicate presence of individual defects and rate their severity(s=severe, m=moderate,I= low) DEFECT ROOT CROWN TRUNK SCAFFOLDS BRANCHES Poor taper L L L L Bow,sweep L L L L Codominants/forks LL L L L Multiple attachments L L L L Included bark L L L L Excessive end weight N/A L L L Cracks/splits L L L L Hangers N/A L L L Girdling L L L L Wounds/seam L L L L Decay L L L L Cavity L L L L Conks/mushrooms/bracket L L L L Bleeding/sap flow L L L L Loose/cracked bark L L L L Nesting hole/bee hive L L L L Deadwood/stubs L L L L Borers/termites/ants L L L L Cankers/galls/burls L L L L Previous failure L L L L HAZARD RATING Tree part most likely to fail: Healthy trees. Inspection period: annual biannual other 1 time. Failure Potential+Size of Part+Target Rating=Hazard Rating 1 + 4 + 4 = 9 Target rating: 1 -occasional use;2 intermittent use; Failure potential 1 - low 2 - median; 3 - high; 4 - severe Size of part: 1 -<6" (15cm); 2 - 6-18" (15-45 cm); 3 - 18-30" (45-75 cm); 4- >30" (75 cm); Target rating: 1 -occasional use; 2 intermittent use; 3-frequent use:4-constant use HAZARD ABATEMENT Prune: ❑remove detective part Dreduce end weight ❑crown clean ❑thin ❑raise canopy ❑crown reduce ❑restructure ❑shape Cable/Brace: Inspect further: ❑root crown ❑decay Daerial ❑monitor Remove tree: YON O Replace? YONO Move target: YON O Other: Effect on adjacent trees: Z none Devaluate Notification: X owner ✓❑manager ❑✓ governing agency Date: 8/8/2023 COMMENTS The tree I inspected today is a Live Oak. At the time of my inspection the tree was in good health with no hazards. Thank you, Tim Davis FLO509A 1 Nk 1iI f (:,.t f/'S - // `7 9ENCHMARK 2 J E F F E R S O N A VE FD N&D, "NO ID" ELEVAT10Ns8.58 • (48' PUBLIC RIGHT—OF—WAY) Attachment 5 2CONC. CURB 44) h . 0 METAL LIGHT POLE FD 4"x4" C.M. "ID NEILSON 6946" SP4C1 OAK 0-tea kU,. NOT A P PT OF THIS LAT JRVEY NOTE: xQC). x x,® FD 4"x4" C.M. "ID NEILSON 6946" OHu x 15" OAK" r- I O IE 17.48' I W I 2 I PROPOSED ENTRY w I EAST 75.00'(P) S89'57'51 "E 75.01'(M) SEWER X 10' UTILITY EASEMENT FD 5/8" I.R. "ID NEILSON 6946" o c¢ • I In I 1 PROPOSED DUPLEX 1115 & 117 JEFFERSON AVE 1 cn FINISH FLOOR=10.24 to 18" ABOVE OF ROAD PROPOSED CONC. DRIVEWAY 40.0 PROPOSED CONC. DRIVEWAY #2 la 17.48' # OHU #3 PROPOSED PATIO 14 PROPOSED PATIO 12.0' 3.5' LOT 1 co N 17.48'I 6' W.F. (0.3'S) 7.5' P.U.&D. EASEMENT01-1 a,u • 0 1 x I x I x J 0' wOoD unuTY 1uT LOT POLE air 6' W.F. 6' W.F. } (3.4'$) (4.2'S) I IS IS TO CERTIFY THAT A SURVEY OF THE ABOVE DESCRIBED PROPERTY WAS MADE DER MY SUPERVISION AND THAT THE SKETCH HEREON IS A TRUE AND ACCURATE /r WEST 75.00'(P) 6' W.F. (0.7'S) NOT A PART OF SET 1/72" I.R. "ID LS6263" Attachment 6 DA VID A. BLOCK SURVEYING & MAPPING BOUNDARY SURVEY OF: LOT 1 AS SHOWN ON THE PLAT OF POINSETTA PLACE AS RECORDED IN PLAT BOOK 72, PAGE 59 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA. "7":6;!-- • BENCHMARK #2 JEFFERON AVE 51(70)61APE: P1101.1Ahf FD N&D. 'NO ID' (48' PUBLIC RIGHT—OF—WAY) ELEVA1I0N=8.58 2' CONC. CURB 1. FD 4"x4" C.M. "ID NEILSON 6946" NOT A P •RT OF THIS "LAT oCA in IA m N In CN W LJ oco o O z Z X^O FD 4"x4" C.M. "ID NEILSON 6946" OHU x P.U.&O. EASEMENT METAL LIGHT PT OL EAST 75.00'(P) S89'57'51 "E 75.01'(M) x SEWER 117.48' )439 17.48' 0 CN N PROPOSED ro ENTRY p .5.5 PROPOSED CONC. DRIVEWAY 10' UTIUTY EASEMENT 0x FD 5/8" I.R. ID NEILSON 6946". 4i0 x, PROPOSED CONC. DRIVEWAY N N N 17.48' o PROPOSED ro ENTRY PROPOSED DUPLEX 115 & 117 JEFFERSON AVE m FINISH FLOOR=10.24 M 18" ABOVE . OF ROAD 14.0' xg• L .44 • OHU PROPOSED PATIO W.F. 3'S) // - / // - // - // 6' W.F. SURVEY NOTE: (3.4'S) (4.2'S) THIS IS TO CERTIFY THAT A SURVEY OF THE ABOVE DESCRIBED PROPERTY WAS MADE UNDER MY SUPERVISION AND THAT THE SKETCH HEREON IS A TRUE AND ACCURATE REPRESENTATION THEREOF AND THAT SAID SURVEY MEETS THE STANDARDS OF PRACTICE AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN SECTION 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. 00 12.0 LOT 1 14.0' PROPOSED PATIO 3.5 .U.&D. ,ENT I 1 WEST 75.00'(P) U P.U.dcD. EASEMENT 17.48' r-+ x.3 KEE l.EGENp o -.SyLvE3r s PAIL.r✓( ZS- 30r 07Aus H ? - GA3'Mee R..4 m -/r- ❑ -- 41YRT46- 3v -G-- 4'-- NO1'48107"E 125.90'(P) - VE d G ?REL /NM `i'chPR, {Pr x oW Its pry 54Q2 06-!o$fr UTILITY LOT 3 POLE OHU - n 6' W.F. (0.7'S) NOT A PART OF THIS PLAT SET 1//2" I.R. "ID LS6263" LEGEND (AKA) = ALSO KNOWN AS C.B. = CONCRETE EBLOCK C.B.S. = CONCRETE BLOCK STRUCTURE C.LF. = CHAIN LINK FENCE CUR. = CLEAR C.M. = CONCRETE MONUMENT CONC. = CONCRETE COR. = CORNER COVD = COVERED D = DELTA (D) = DEED FD = FOUND ID = IDENTIFICATION I.P. = IRON PIPE I.R. = IRON ROD L = LENGTH LB = LICENSE BUSINESS LS = LICENSE SURVEYOR (M) = MEASURED N&D = NAIL & DISK (P) = PLATTED PC = POINT OF CURVATURE PT = POINT OF TANGENCY PL = PROPERTY LINE P.S.M. = PROFESSIONAL SURVEYOR & MAPPER PRC = POINT OF REVERSE CURVE P.U.&D. = PUBLIC UTILITY & DRAINAGE R = RADIUS R/W = RIGHT-OF-WAY (TYP.) = TYPICAL W.F = WOOD FENCE CERTIFIED TO: ABC CONCRETE. INC. SURVEYOR'S NOTES; 1) THE BEARING SYSTEM SHOWN HEREON IS BASED ON A ASSUMED BEARING OF EAST., ALONG THE SOUTH RIGHT-OF-WAY LINE OF JEFFERSON AVE. 2) AS PER FLOOD INSURANCE RATE MAP NO.12009C 0363 H, INDEX DATED 01-29-2021, THE ABOVE DESCRIBED PROPERTY UES IN ZONE X. 3) THIS SURVEY WAS PREPARED FROM TITLE INFORMATION PROVIDED TO THE SURVEYOR. THERE MAY BE ADDITIONAL RESTRICTIONS OR EASEMENTS THAT AFFECT THE PROPERTY. 4) THIS TRACT CONTAINS 9,438 SQUARE FEET OR 0.22 ACRES OF LAND MORE OR LESS. 5) UNDERGROUND UTILITIES AND FOUNDATIONS HAVE NOT BEEN SHOWN. 6) NOT VALID WITHOUT SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. UABIUTY SHALL NOT EXCEED THE TOTAL AMOUNT PAID TO THE SURVEYOR BY THE CLIENT. CERTIFIED BY: DAVID A. BLOCK FLORIDA P.S.M. 6263 (NOT VALID UNLESS SEALED) 1545 BREAM STREET MERRITT ISLAND, FL. 32952 PHONE: 321-452-7048 www.blocksurveying.com dblock@blocksurveying.com SCALE: 1" = 20' DATE: 07/05/2023 SHEET: 1 OF 1 PROJECT: 23-090A REVISION: CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • WEDNESDAY, SEPTEMBER 20, 2023 AGENDA ITEM SUMMARY • ITEM # 13 Subject: Review submittals provided by potential Legislative Representative candidates and provide further direction to the City Manager. Department: City Manager's Office Summary: In January, 2023, the City Council entered into a negotiated contract with Jason Steele, of Smith & Associates, for Legislative Representative services (Attachment 1), lobbying on behalf of the City for State legislative affairs. Not long after, in June 2023, Mr. Steele was appointed by Governor DeSantis to the Brevard County Board of County Commissioners, serving District 5. Accordingly, Mr. Steele provided notice to the City that he would no longer be able to serve as Legislative Representative, due to his concern regarding a potential appearance of a conflict of interest. Additionally, out of concern for the City, he provided recommendations for potential replacement candidates. At the June 2023 City Council Regular Meeting, the City Manager provided an update to the City Council. The City Council then directed the City Manager to terminate the contract with Mr. Steele and Council reached consensus to provide Legislative Representative recommendations to City Manager Morley for preliminary meetings by August, and then have candidates ready for interviews at the September City Council Regular Meeting. The City Manager forwarded the Termination Notice to Mr. Steele and explained the City Council's directives. Names of two potential candidates (Mark Ryan and Mike Haridopolos) were provided to the City Manager's Office from City Council Members by the end of August. In a preliminary discussion, Mr. Ryan requested to not be included. In later correspondence Mr. Haridopolos also declined. The City Manager's Office began to research additional potential candidates who may be interested in serving in this capacity. Concurrent with this research, in August, 2023, Mr. Steele contacted the City Manager's Office with a news article indicating that a recent Federal Judge ruling had dispensed with the "Lobbying Ban for Office Holders", and he indicated that he would again be able to provide Legislative Representative services to the City of Cape Canaveral. The search for potential candidates was based on the following resources: • The 2023 Florida Legislature Registration Roster; focusing on those Representatives utilized in Brevard County municipalities, as they would likely be most familiar with local/beachside issues and municipal concerns. • Recommendations from peer Brevard County City Managers. • The previous recommendations from Mr. Jason Steele. In some cases, qualified individuals were found to be employed under one business entity. Where this occurred, the qualified firm is identified, with a single point of contact. The pool of candidates/firms was further refined, with consideration given to office location, affiliations, reputation and municipal experience. This produced a pool of six (6) candidates/firms. On September 1st, an email was sent to each of the candidates/firms, inquiring if they were interested in serving in this role, and if interested, to provide a bio, resume and preliminary terms City of Cape Canaveral City Council Meeting • Wednesday, September 20, 2023 Agenda Item # 13 Page 2 of 2 and conditions to the City Manager's Office. The email also included a City of Cape Canaveral Draft Scope of Services for Legislative Representation (Attachment 2), which is based on the City's most recent contract. Response: Three (3) of the six (6) candidates elected to not participate, resulting in a remaining pool of three (3) candidates. Attachment 3 includes tabulated responses from potential candidates. The Candidates. Candidate 1: Greenberg Traurig/Hayden R. Dempsey (Attachment 4) Candidate 2: Smith & Associates/Jason Steele (Attachment 5) Candidate 3: Sunrise Consulting/Shawn Foster (Attachment 6) It is now incumbent on the City Council to review submittals from the three (3) potential candidates and provide further direction to the City Manager. The City Council may authorize the City Manager to schedule interviews with one or more potential candidates. The City Council is also authorized to revise the Draft Scope of Services as it sees fit, based on negotiations with candidates. Likewise, compensation is subject to negotiation and budgetary restraints. Interviews. If interviews are to be conducted during the same future City Council Meeting, it is suggested that City Council request that each candidate respect each other's interview time by waiting outside the Council Chambers, while each is singly interviewed. If it is City Council's desire to not hold multiple interviews during the same meeting, candidates may be scheduled to appear at separate future Council Meetings. Submitted by City Manager: Todd Morley Attachments: Attachment 1: Attachment 2: Attachment 3: Attachment 4: Attachment 5: Attachment 6: Jason Steele Contract (February 21, 2023) City of Cape Canaveral Draft Scope of Services for Legislative Representation Tabulated Responses from Potential Candidates for Legislative Representation Greenberg Traurig - Hayden Dempsey Smith & Associates — Jason Steele Sunrise Consulting Group — Shawn Foster Financial Impact: To be determined, based on negotiated rate; 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: Review submittals provided by potential Legislative Representative candidates and provide further direction to the City Manager. Approved by City Manager: Todd Morley CITY OF CAPE CANAVERAL P.O. Box 326 100 Polk Avenue Cape Canaveral, FL. 32920-0326 (321) 868-1220 www.cityofcapecanaveral.org Attachment 1 February 21, 2023 Mr. Jason Steele SMITH & ASSOCIATES Post Office Box 6153 Tallahassee, FL 32314 Letter of Agreement for Legislative and Executive Representation Dear Mr. Steele: This letter is to serve as a fetter of agreement to retain consulting and government relations services of Jason Steele, a non -attorney Director of Government Relations for the firm of Smith & Associates (referred to as "Smith") to provide nonexclusive Legislative and Executive representation for the City of Cape Canaveral (referred to as the "City"). More specifically, this is to engage the services of Mr. Steele to provide legislative consulting services to include representation on behalf of the City of Cape Canaveral before the Governor, Cabinet, Legislature, Florida's various Executive agencies, and other governmental agencies. This is not a legal services agreement. Said services shall be provided under the following terms and conditions: A. Scope of Services: Jason Steele of Smith shall use his professional experience and understanding of the City's needs and concerns to routinely monitor and inform the City of State issues and initiatives that may have a potential impact on the City and its citizens and businesses. Further, Services shall also be requested by the City on an as -needed basis. If Jason Steele is no longer employed by Smith, or not available to provide the Services identified hereunder, Smith or Jason Steele shall promptly notify the City in writing. All Services performed by Smith shall be prosecuted regularly, diligently, completely, and within the time specified by the City or necessary based on a specific initiative. Such services may include, but are not limited to: 1. Identify, review, monitor and analyze proposed and emerging State policies, programs, and legislation in connection with the City's interests. 1 CITY OF CAPE CANAVERAL/JASON STEELE — LETTER OF AGREEMENT 2. Review the legislative policy statements adopted by the Florida League of Cities and the policy statements of other local government lobbying groups for the purpose of identifying issues which may either positively or negatively affect the City. 3. Assist the City Council and City staff in coordinating and developing the City's legislative program. These issues may include: public safety, law enforcement, business attraction and retention, infrastructure improvements, transportation, environmental, affordable housing, economic development, utilities, revenue enhancement, annexation, mandates, and other municipal issues affecting the City. 4. Monitor State legislative committee meetings, state agency hearings and meetings prior to or during the legislative session at which specific issues within the City's adopted legislative program are considered or which may significantly affect the City's interest. 5. Work with the City Council, City Attorney, and City staff in developing special or general legislation in keeping with, or supportive of, the City's adopted legislative program. 6. Develop and evaluate strategy for the support, opposition, or amendment of pending legislation. 7. Appear and testify at State agency hearings, rule making proceedings and other administrative or legislative meetings in order to promote, oppose or seek passage of legislation, policies, or rules affecting the City or its citizens, 8. Coordinate appointments/meetings between the City Council, City Attorney, or other City staff and appropriate State officials and legislators. 9. Prepare briefings, reports (oral and written), and information bulletins pertinent to any State legislation, policies, rules or regulations that affect the City. 10. Prepare periodic written reports that summarize the status of the City's legislative program and priorities. 11. Assist the City in coordinating applications and obtaining State permits and grants. 12. Represent the City before the Brevard County Legislative Delegation and its members regarding the City's legislative program. 13. Upon request of the City, or as deemed necessary by Smith, Jason Steele will attend City Council meetings and meetings with the City Attorney and City staff regarding any of the aforesaid. B. Authorization: 2 CITV OF CAPE CANAVERAL/JASON STEELE — LETTER OF AGREEMENT The City Manager and/or City Council may also authorize Smith to work on projects on an as -needed basis. Prior to the City Manager or City Council authorizing any project, a consultation will need to be conducted to determine the scope of the project. No work shall be performed by Smith unless approved by the City Manager or City Council as required hereunder. C. Fees: This is not an hourly rate contract. The compensation to Smith will be a flat monthly fee for Steele's services as government relations consultant and shall be $1,500 per month to be billed monthly in advance at the beginning of each month through termination of this Agreement. The time will be spent to carry out the duties herein and on items as directed by the City Manager and/or City Council and will be summarized in monthly written invoices. The invoices will be sent monthly to the City Manager's office and the City agrees to pay as required by the Florida Prompt Payment Act. D. Costs: The payment described in Paragraph C above shall be inclusive of all routine expenses including lobby registration fees, travel, long distance telephone, fax, delivery charges, and reproduction costs, copying, automobile gas and mileage except as provided below. Costs such as airfare, overnight accommodations, and other significant costs will only be reimbursed if reasonable and directly related to services performed for the City and only after receiving prior approval from the City Manager or his/her designee, If automobile travel outside of Brevard County is authorized in advance by the City Manager or his/her designee for Steele's services to be rendered exclusively on behalf of the City, the City will reimburse automobile gas and mileage for such travel. E. Collection of Fees: The City of Cape Canaveral agrees to pay for the costs and fees incurred on its behalf. The costs/fees must be justified in writing on an itemized invoice and incurred pursuant to the terms and conditions contained in this Agreement. F. Length of Agreement: Upon full execution by the parties, this Agreement shall remain in effect for a period of two years effective March 1, 2023 through March 1, 2025. This Agreement may be renewed for an additional term thereafter by mutual written agreement of the Parties. Any change in fee, terms or conditions shall be in writing signed by the City and Smith. G. Termination: Either party has the right to terminate this Agreement at any time, at its sole discretion, without cause or penalty, by providing at least ten (10) days written notice. The City may 3 CITY OF CAPE CANAVERAL/JASON STEELE — LETTER OF AGREEMENT terminate this Agreement immediately upon written notice upon the City being notified under Paragraph A that Jason Steele is no longer employed by Smith or available to provided Services hereunder. Upon receipt of said notice, Smith's representation on behalf of the City will cease immediately unless the City directs otherwise in writing in order for Smith to complete a specific pending assignment. Promptly after termination of this Agreement, Smith shall deliver to the City all reports, memoranda and other documents accumulated or prepared by Smith under this Agreement that constitute a public record under Chapter 119, Florida Statutes. The City shall not be responsible for any fees or expenses incurred after the date of termination unless agreed to in writing prior to the fees and expenses being incurred. H. Indemnification. The following indemnity shall apply: To the fullest extent permitted by law, Smith shall defend, indemnify, and hold harmless the City, its officials, employees, and city attorneys from and against any and all claims, suits, judgments, demands, liabilities, damages, cost and expenses (including attorney's fees) of any kind or nature whatsoever arising directly or indirectly out of or caused in whole or in part by any act or omission of Smith or any person employed by Smith including, but not limited to Jason Steele, or anyone for whose acts Smith may be liable, excepting those acts or omissions arising out of the sole negligence of the City. I. Conflict of Interest. Smith, and its employees including, but not limited to, Jason Steele, will not attempt to represent both the City and another client in any substantially related matter unless approved by the City in writing, or in any situation wherein Smith has acquired confidential information from the City material to the matter, or in other situations where the relationship between a matter Smith is asked to handle for another client presents a conflict of interest with work performed for the City, or is suggestive of an actual conflict of interest, or that can have an actual and material adverse financial or legislative effect on the City. It is acknowledged, however, that Smith currently represents other municipalities located in Brevard County including the City of Satellite Beach and the City of Indialantic, and may represent other cities or units of local governments in the future on similar matters including opposition to legislation pertaining to state authorization of short term vacation rentals that does not meet local government requirements. Steel and Smith will use their best efforts to oppose any state pre-emption of land development regulations, zoning, or other local government requirements pertaining to short term vacation rentals. Notwithstanding, Smith and Steele shall not disclose confidential information obtained by the City to any other party unless prior authorization is received from the City Manager. Further, should Smith or Steele determine that such representation of other cities or units of local government on similar matters presents a potential conflict of interest with the City's interests or legislative policy position on any matter, Smith or Steele shall promptly notify the City of such potential conflict of interest so the Parties can address the conflict to the City's satisfaction. 4 CITY OF CAPE CANAVERAL/JASON STEELE — LETTER OF AGREEMENT J. Miscellaneous Provisions. 1. Smith shall promptly observe and comply with applicable provisions of all federal, state, and local laws, rules and regulations which govern or apply to the services rendered hereunder including, but not limited to, licensing and lobbying requirements. 2. Smith shall not use the City's name or seal in promotional materials without the prior written consent of the City. 3. Except as expressly provide under this Agreement and authorized by the City for a specific assignment, Smith is not authorized to act as the City's agent and shall have no authority, express or implied, to act for or bind the City whatsoever. 4. Smith shall not by virtue of this Agreement be considered an employee of the City. At all times during the term of this Agreement, Smith shall be considered an independent contractor. 5. It is hereby specifically agreed that any record, document, computerized information and program, audio or video tape, photograph, or other writing of the Smith and its independent Smiths and associates related, directly or indirectly, to this Agreement, may be deemed to be a Public Record whether in the possession or control of the City or the Smith. Said record, document, computerized information and program, audio or video tape, photograph, or other writing of the Smith is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the City's City Manager. Upon request by the City, the Smith shall promptly supply copies of said public records to the City. All books, cards, registers, receipts, documents, and other papers in connection with this Agreement shall at any and all reasonable times during the normal working hours of the Smith be open and freely exhibited to the City for the purpose of examination and/or audit. Failure by Smith to grant such access and comply with public records laws and/or requests shall be grounds for immediate unilateral cancellation of this Agreement by the City upon delivery of a written notice of cancellation, If Smith fails to comply with this Section, and the City must enforce this Paragraph, or the City suffers a third party award of attorney's fees and/or damages for violating Chapter 119, Florida Statutes, due to Smith's failure to comply with this Section, the City shall collect from Smith prevailing party attorney's fees and costs, and any damages incurred by the City, for enforcing this Section against Smith. And, if applicable, the City shall also be entitled to reimbursement of all attorneys' fees and damages which the City had to pay a third party because of the Smith's failure to comply with this Section. The terms and conditions set forth in this Section shall survive the termination of this Agreement. Smith acknowledges that the City is a Florida municipal corporation and subject to the Florida Public Records Law. Smith agrees that to the extent any document produced by Smith under this Agreement constitutes a Public Record; Smith shall comply with the Florida Public Records Law. 5 CITY OF CAPE CANAVERAL/JASON STEELE — LETTER OF AGREEMENT IF SMITH HAS QUESTIONS REGARDING THE APPUCATION OF CHAPTER 119, FLORIDA STATUTES, TO SMITH'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, THE CITY CLERK, AT (321) 868-1220, cityclerk@cityofcapecanaveral.org, City Clerk's Office, 100 Polk Avenue, Cape Canaveral, Florida 32920. 6. Smith acknowledges and understands that the City and its activities are subject to the Government -in -the -Sunshine Law, Section 286.011, Florida Statutes, which requires, with limited exceptions, the City to conduct business in open meetings. Smith will cooperate with the City to observe and comply with the requirements of said law in performing the services required hereunder. 7. Smith shall maintain professional and general liability insurance coverage during the term of this Agreement in amounts of at least $1,000,000 in the aggregate and per claim, Written proof of insurance shall be provided to the City upon the effective date of this Agreement and upon request by the City. 8. This Agreement is governed by Florida law. Venue for any state action filed pertaining to this Agreement shall be in Brevard County, Florida. Venue for any federal action filed pertaining to this Agreement shall be Orlando, Florida. 9, Nothing in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under section 768.28, Florida Statutes. K. Acceptance; By signature below, the City and Smith agree to and accept alt the terms and conditions contained herein. Sincerely, (Signature) Todd Morley City Manager, City of Cape Canaveral (Signature) Geoffrey D. Smith SMITH & ASSOCIATES 6 CITY OF CAPE CANAVERAL/JASON STEELE — LETTER OF AGREEMENT Attachment 2 City of Cape Canaveral Draft Scope of Services for Legislative Representation 1. Identify, review, monitor and analyze proposed and emerging State policies, programs, and legislation in connection with the City's interests. 2. Review the legislative policy statements adopted by the Florida League of Cities and the policy statements of other local government lobbying groups for the purpose of identifying issues which may either positively or negatively affect the City. 3. Assist the City Council and City Staff in coordinating and developing the City's legislative program. These issues may include: public safety, law enforcement, business attraction and retention, infrastructure improvements, transportation, environmental, affordable housing, economic development, utilities, revenue enhancement, annexation, mandates, and other municipal issues affecting the City. 4. Monitor State Legislative Committee Meetings, State Agency Hearings and Meetings prior to or during the Legislative Session at which specific issues within the City's adopted Legislative Program are considered or which may significantly affect the City's interest. 5. Work with the City Council, City Attorney, and City Staff in developing special or general legislation in keeping with, or supportive of, the City's adopted Legislative Program. 6. Develop and evaluate strategy for the support, opposition, or amendment of pending legislation. 7. Appear and testify at State Agency Hearings, rulemaking proceedings and other administrative or legislative meetings in order to promote, oppose or seek passage of legislation, policies, or rules affecting the City or its citizens. 8. Coordinate appointments/meetings between the City Council, City Attorney, or other City Staff and appropriate State Officials and Legislators. 9. Prepare briefings, reports (oral and written), and information bulletins pertinent to any State Legislation, policies, rules or regulations that affect the City. 10. Prepare periodic written reports that summarize the status of the City's legislative program and priorities. 11. Assist the City in coordinating applications and obtaining State permits and grants. 12. Represent the City before the Brevard County Legislative Delegation and its members regarding the City's legislative program. 13. Upon request of the City, or as deemed necessary by Legislative Representative, will attend City Council meetings and meetings with the City Attorney and City Staff regarding any of the aforesaid. Attachment 3 Tabulated Responses from Potential Candidates for Legislative Representation September 20, 2023 Name Contact Information Municipal Affiliation(s) Include Response/Notes Steve Crisafulli 5125 Mallard Lakes Ct. Merritt Island, FL 32953 321 223 8862 steve@stevecrisafulli.com City of Cocoa Initially expressed interest in speaking with the City of Cape Canaveral regarding the appointment. Notified Staff later that he decided to not participate at this time. Sunrise Consulting, Shawn Foster 113 East College Ave. Tallahassee, FL 32301 727-808-4131 foster@scgroup.us City of Palm Bay City of Inverness City of Winter Springs Received: Resume & Scope of Services. Terms: $3,500/mo. Gray -Robinson, Ryan E. Matthews 301 S. Bronough St. Suite 500 Tallahassee, FL 32301 850-577-9090 Ryan.Matthews@Gray-Robinson.com City of Melbourne City of Cocoa Beach City of Rockledge Canaveral Port Authority Initially expressed interest in speaking with the City of Cape Canaveral regarding the appointment. Notified Staff later that he decided to not participate at this time. Greenberg Traurig, Hayden R. Dempsey 101 E. College Ave. Tallahassee, FL 32301 850-556-1985 / 850-222-6891 dempseyh@gtlaw.com City of Northport City of Bonita Springs City of Jupiter Received: Resume & Scope of Services. Terms: $3,750/mo. Smith & Associates, Jason Steele 709 S. Harbor City Blvd. Suite 540 Melbourne, FL 32901 321-676-5555 jason@smithlawtlh.com City of Cape Canaveral (former) Received: Resume & Scope of Services. Terms: $1,500/mo. + approved expenses. Smith & Associates, Mike Haridopolos 139 Lansing Island Dr. Indian Harbour Beach, FL 32937 321-525-1861 Mike@mhflorida.com City of Satellite Beach City of Indian Harbour Beach Initially expressed interest in speaking with the City of Cape Canaveral regarding the appointment. Notified Staff later that he decided to not participate at this time. GreenbergTraurig Attachment 4 September 11, 2023 Greenberg Traurig's Response to City of Cape Canaveral Scope of Services for Legislative Representation Submitted by: Hayden R. Dempsey Shareholder Tallahassee +1 85O.521.8563 dempseyh@gtlaw.com Timothy F. Stanfield Shareholder Tallahassee +1 850.222.6891 stanfieldt@gtlaw.com © 2023 Greenberg Traurig, LLP GT Confidential and/or Proprietary Information www.gtlaw.com I 1 GreenbergTraurig September 11, 2023 Todd Morley City Manager City of Cape Canaveral 100 Polk Avenue Cape Canaveral, FL 32920 Re: City of Cape Canaveral Legislative Representation Dear Mr. Morley: Greenberg Traurig, P.A. (Greenberg Traurig or GT) appreciates the opportunity to submit this document to the City of Cape Canaveral (City) in response to your request for the Scope of Services for Legislative Representation. We are confident that GT can be a champion for the City of Cape Canaveral and enclosed are examples of our experience and acumen. We understand the importance and breadth of the projects, initiatives and priorities the City has and are confident that our team has the experience, relationships, and sound judgment to meet your objectives and goals. With a highly regarded office in Tallahassee, GT is ideally suited to provide the City of Cape Canaveral with high-quality, cost-effective representation to meet your legislative representation needs. Our world-class resources are matched by our zeal and dedication in representing you. We take great pride in attending to our clients' goals and concerns. GT has a seasoned team of professionals with extensive experience with local and state agencies that are directly and indirectly related to the City of Cape Canaveral's mission. We appreciate the complexity of the City's mission and have the established relationships with legislators, committees and staff that represent the City of Cape Canaveral in Tallahassee. With six offices in Florida and decades of experience, GT has a deep knowledge of Florida's policy development and political process. We have a strong record of handling legislative and regulatory matters for our clients and long-standing relationships with the members and chairs of the relevant legislative committees that decide on issues of interest to the City of Cape Canaveral. Greenberg Traurig's public sector clients rely on our knowledge of the process and experience with policy makers as well as our ability to keep them informed of legislation, appropriators, state programs, and regulations. Our team, in -conjunction with our clients, work together to identify the issues and opportunities that are important to accomplish their objectives. Greenberg Traurig can monitor, track, and report on legislation and proposed legislation related to the state budget, submission of local funding initiative forms, state -local taxation, funding for city projects, local infrastructure, and government operations. GT will ensure that the City of Cape Canaveral is heard and understood in the halls of the Florida Legislature. We truly appreciate the opportunity to submit this proposal to the City of Cape Canaveral and believe our services can have a significant impact on the citizens of the City. Sincerely, (Signature) Hayden R. Dempsey Shareholder, Greenberg Traurig, P.A. (Signature) Timothy F. Stanfield Shareholder, Greenberg Traurig, P.A. © 2023 Greenberg Traurig, LLP GT Confidential and/or Proprietary Information www gtlaw com I 3 GT GreenbergTraurig Table of Contents Qualifications and Experience 4 Relevant Experience 12 References 15 Proposed Fees 16 Team Biographies 17 Hayden R. Dempsey 17 Timothy F. Stanfield 18 Fred W. Baggett 19 Roger (Beau) N. Beaubien 19 Agustin G. Corbella 20 Liz Dudek 21 Fred E. Karlinsky 22 With the exception of information publicly posted or published by Greenberg Traurig on its website or a social media forum, GT's response, including any attachments, is submitted as confidential and/or proprietary information intended for use in connection with your request and remains the property of GT. It may not be publicly posted, published, or shared with any third party without the prior written consent of GT. © 2023 Greenberg Traurig, LLP GT Confidential and/or Proprietary Information www.gtlaw.com I 2 GT GreenbergTraurig Qualifications and Experience Firm Overview - Our Government Law & Policy Practice Recognizing Greenberg Traurig's "Florida Roots, Global Reach," many of the nation's most prominent companies, institutions and governments at all levels turn to our firm regularly to solve their complex legal, business, and political issues. From our humble beginnings in 1967 in South Florida, our focus has never changed: serve clients better. GT's Government Law & Policy Practice in Tallahassee is highly experienced at helping clients navigate through the state legislative and executive branches as well as the Governor and Cabinet. Our team has built credibility and trust with elected officials and senior staff on both sides of the political aisle, and we are knowledgeable, professional, and diligent in our representation of clients. Not only can our team provide regular updates on lobbying activities, set meetings with legislators, successfully engage in the appropriations process, and effectively advocate for legislation, but each team member also possesses the experience, credibility, and network to build and expand the City of Cape Canaveral's reputation in the minds of legislative and executive decision makers. GT's Tallahassee office is a full -service lobbying firm, routinely ranking in the top ten of reported lobbying compensation, and with lobbying team members regularly recognized as some of the state's top influencers. Our team has the relevant experience and subject matter expertise to meet and exceed the City of Cape Canaveral' expectations. The GT team believes that we can enhance your representation before the Florida state legislature, Florida cabinet and state agencies by working collaboratively with leadership on a proactive legislative plan. GT's Florida offices are home to a multidisciplinary legal and governmental policy team with deep Florida roots. With a presence in Fort Lauderdale, Miami, Orlando, Tampa, West Palm Beach, and, of course, Tallahassee, our more than 340 attorneys and lobbyists located in these offices provide a wide range of strategic counsel, lobbying and legal services to local, national, and international private and public sector clients. These deep ties to the state provide us with a unique appreciation for the City of Cape Canaveral and what the City means to the history of Florida as well as the future success of the state. Staffing Resources Collectively, the Tallahassee team has many decades of experience, the invaluable relationships necessary for success and a proven reputation for getting the job done. The dynamic team includes a former senior staffer to both Governor Scott and Governor Bush and former Space Florida Board Member, a member of the Constitution Revision Commission and Supreme Court Judicial Nominating Commission, a former chief of staff to a Senate President, a former Secretary of the Agency for Health Care Administration, and a former deputy chief of staff to Governor DeSantis. This deep experience from working inside state government, combined with many years of representing clients at the state level, allows Greenberg Traurig to help its clients achieve their goals. GT maintains a strong and highly respected bipartisan team that has experience with decision makers at every level of government. Our Tallahassee team is one of the most highly experienced and seasoned government relations practices in Tallahassee, and the state of Florida. With decades' worth of experience in Florida politics, they have helped shape legislation on behalf of governmental entities and private companies, as well as through coalitions and associations. We know the Florida governmental process and understand the importance of bill sponsors, effective engagement in the appropriations process, timing of introducing legislation, drafting of bills and amendments, and committee hearings. © 2023 Greenberg Traurig, LLP GT Confidential and/or Proprietary Information www.gtlaw.com I 4 GT GreenbergTraurig GT's Government Law & Policy Services At GT, we believe that "one size does not fit all," therefore we work closely with clients to identify their goals and jointly develop a strategic approach that recognizes the unique factors, client concerns, and the realization of long-term goals, both substantive and political. We would work with City leadership and staff to develop the City's legislative program, specifically as it relates to public safety, law enforcement, business attraction and retention, infrastructure improvements, transportation, environmental, affordable housing, economic development, utilities, revenue enhancement, annexation, mandates, and other municipal issues affecting the City. With this collaborative plan in place, our team would begin exploring legislative and appropriations avenues for solutions and sponsorships as well as opportunities available through state agency grant programs. Our credibility is strong with government decision -makers due to our reputation for sound analysis, decades of experience with governmental administration, effective advocacy, philosophy of integrity, and deep relationships across all levels of government. Additionally, we have a long-standing relationship with the Florida League of Cities, the Florida Association of Counties, and the Florida Chamber of Commerce. We routinely engage with the legislative affairs teams of these groups and are able to identify the issues impacting the City. The most impactful and successful lobbying and advocacy efforts occur year-round, not just during committee weeks or the 60-day Legislative Session. Utilizing GT's network of relationships across the state we will assist you with identifying and building relationships with House and Senate members that can be champions for the City of Cape Canaveral. We will engage with House and Senate leadership to educate each chamber's respective policy and appropriation chairs and their staff to ensure they fully understand the initiatives and importance of the City. GT has a successful record of lobbying in the Florida state Legislature and demonstrated experience in establishing and maintaining bipartisan relationships. With a network of strong personal relationships with legislators, legislative staff, and decision makers throughout Cabinet offices and executive agencies, GT has a reputation for delivering results. GT is proud to have clients across the entire political spectrum. Our practice includes, but is not limited to: State Appropriations Growth Management Hurricane Recovery Health Care Banking Housing Campaigns and Elections Insurance Data Security and Privacy Local Government • Economic Incentives Procurement • Energy Public Relations and Media Strategy Environmental Taxation Financial Services Telecommunications Gaming Transportation © 2023 Greenberg Traurig, LLP GT Confidential and/or Proprietary Information www.gtlaw.com I 5 GT GreenbergTraurig Description of Qualifications The Governmental Law & Policy Team has extensive legislative experience representing local governmental entities before the Florida Senate and Florida House of Representatives, as well as Executive Branch representation before the Governor, Cabinet, and state agencies. Our GT professionals have been in the mix of almost every major legislative debate since it opened its doors there more than 3o years ago. Over these three plus decades, we have had first-hand experience with state -level responses to major events from devastating hurricanes to the COVID-19 pandemic. Through these times we have kept our finger on the pulse of state initiatives and recovery efforts and have been able to provide our clients with sound and informed counsel in the most uncertain of times. We have the privilege of representing local governmental entities, utility authorities, and local government groups which provide us with the expertise and know how when addressing the needs of the City of Cape Canaveral. We also have close ties to Space Florida. Hayden Dempsey, Chair of GT's Florida Government Law and Policy Practice, served on the Board of Directors from 2011-2016. Additionally, we have established relationships with many of the current members that sit on the Board of Directors. State Appropriations I Local Funding Initiative Requests The state budget and appropriations process is constantly evolving and requires a team of dedicated lobbyists and staff to ensure success. What sets GT apart is that we are in Tallahassee year-round and have long-standing relationships with legislative staff and Governor's Office staff. During the 2023 Regular Legislative Session, our team was able to secure almost $17 million in appropriations project funding in the 2023-2024 General Appropriations Act. 2023 Funded Local Appropriations Projects Client Project Title Funding City of Bonita Springs Spring Creek Stormwater Management Improvements $5,400,000 City of North Port Price Boulevard Mitigation and Mobility Project $1,500,000 Town of Jupiter Palm Beach County Loxahatchee River Preservation Initiative $985,255 Florida Governmental Utility Authority Lehigh Acres Utility System Wastewater Treatment Plant No. 1 Nanofiltration $470,588 North Fort Myers Utility System Lift Station Bypass Pump $575,000 North Fort Myers Utility System Lift Station No. 1 Replacement $1,441,176 Lake Panasoffkee Septic to Sewer Treatment and $500,000 Collection System The Deering Estate Foundation Deering Estate Foundation's Field Study Research Center (Phase 2) $600,000 Fortress Secured Ocoee Regional Law Enforcement Training Facility $2,000,000 Victory Village Victory Village — Military Veteran Residential Community $2,000,000 Holocaust Documentation & Education Center Museum Orientation & Multipurpose Theatre $1,500,000 Total $16,972,019 © 2023 Greenberg Traurig, LLP GT Confidential and/or Proprietary Information www.gtlaw.com I 6 GT GreenbergTraurig State Grant Opportunities I Executive Branch Engagement Several Florida state agencies are allocated money each year in the state budget to fund state administered grants to local governmental entities. These include but are not limited to grants for resiliency planning efforts, water quality improvements, historical preservation initiatives, and Florida's Job Growth Grant Fund. The GT team actively pursues these grant opportunities and advocates on behalf of our clients to state agencies. Being based in Tallahassee, we have established relationships with state agency leadership ranging from chiefs of staff and division directors to grant program administrators. These relationships allow us to provide our clients with technical assistance with grants or issues to triage their needs in an efficient manner. Below is a listing of awarded grants some of our clients have received. FY 2022-2023 State Funded Grant Projects Client Grant Title Funding State Agency City of North Port Florida Job Growth Grant Fund $1,690,000 Florida Department of Economic Opportunity City of North Port Community Planning Technical Assistance Grant $75,000 Florida Department of Commerce City of North Port Hurricane Stormwater and Wastewater Assistance Grant Program $471,000 Florida Department of Environmental Protection City of North Port Rebuild Florida Infrastructure Repair Program $1,800,000 Florida Department of Economic Opportunity City of Bonita Springs Local Government emergency Revolving Bridge Loan Program $2,000,000 Florida Department of Commerce © 2023 Greenberg Traurig, LLP GT Confidential and/or Proprietary Information www.gtlaw.com I 7 GT GreenbergTraurig Key Personnel In addition to the team summaries below, we have included team member biographies in Appendix B. Government Law and Policy Hayden Dempsey Lead Shareholder Tallahassee Hayden R. Dempsey is the Chair of the Florida Government Law & Policy Practice. He lobbies on behalf of numerous private and public clients before both the federal and Florida state governments. He regularly represents clients in legislative matters, Medicaid and health policy matters, appropriations, procurement disputes, transportation and infrastructure issues, health care regulatory matters, and election matters. He also focuses on the lobbying of insurance and other regulatory issues before the Office of Insurance Regulation and the Florida Legislature. Mr. Dempsey served on the Space Florida Board of Directors from 2011 to 2016. Timothy F. Stanfield Lead Shareholder Tallahassee Timothy F. Stanfield is a Shareholder with the Florida Government Law & Policy Practice. He represents a broad array of private and public -sector clients before the Florida Legislature, Cabinet and State agencies. Tim's practice is largely focused on regulated industries to include insurance, land use, and alcoholic beverages, including addressing 'tied house evil' issues. He also represents local governments, trade associations, and clients participating in Florida's procurement process. Tim has more than a dozen years of lobbying experience and is known within Florida's Capitol for his deep subject matter knowledge and strategic thinking. Fred Baggett Shareholder Tallahassee Fred W. Baggett is the Chairman of the Tallahassee Office and a senior member of the firm's National Government Law & Policy Practice. For more than 30 years, Fred has represented a broad range of the general business community, associations and governmental entities before federal, state and local agencies, and legislative bodies. A significant portion of his practice focuses on matters relating to health care, insurance, environment regulation, banking and finance, and business and professional regulation. Fred's practice also includes policy development and advocacy as well as administrative litigation. Fred also focuses on the lobbying of insurance and other regulatory issues before the Office of Insurance Regulation and the Florida Legislature. Roger N. Beaubien Of Counsel Tallahassee Roger (Beau) Beaubien is a member of the Government Law & Policy Practice in Greenberg Traurig's Tallahassee office. Prior to joining the firm, Beau served as Deputy Chief of Staff and Director of Cabinet Affairs in Florida Governor Ron DeSantis's administration. In this role, he oversaw all operations of the Office of Cabinet Affairs and provided policy and operational oversight of a number of state agencies including the Department of State, Department of Corrections, and Department of Juvenile Justice. His private practice experience includes advising on matters related to ethics and elections. He has provided counsel to various clients including candidates, campaigns, political committees, and political parties on the complexities of Florida's campaign finance and election laws. Beau has also represented clients before the Florida Elections Commission and the Commission on Ethics. Augustin Corbella Senior Director Tallahassee Agustin G. Corbella, Senior Director of the Government Law & Policy Practice of the firm's Tallahassee office, focuses his practice on legislative and executive branch lobbying and public policy advocacy. With nearly 30 years of experience working in and with state and federal government, as well as state and national campaigns, he is widely recognized as one of the 100 most influential people in Florida politics. Prior to joining Greenberg © 2023 Greenberg Traurig, LLP GT Confidential and/or Proprietary Information www.gtlaw.com I 8 GT GreenbergTraurig Traurig in 2004, Gus previously served as Chief of Staff to the Florida Senate President, staff director for the Majority Offices of both the Florida Senate and the Florida House of Representatives and worked for a Member of the United States Congress. His role as an advocate and chief advisor to government's most prominent leaders has provided Gus with a broad knowledge of the process and issues before the Florida Legislature, and state and federal government. Liz Dudek Director Tallahassee Liz Dudek's career in Florida's state government spanned over 40 years across a variety of senior management positions including Secretary of the Agency for Health Care Administration and Deputy Secretary of Health Quality Assurance. As Secretary, Liz oversaw one of the largest Medicaid programs in the nation. Under her administration, the Agency successfully implemented the Statewide Medicaid Managed Care program and the establishment of the Care Provider Background Screening Clearinghouse. Liz has worked extensively with health care facilities, providers, and insurers. As a leader in health care regulation and insurance, her distinctive knowledge and experience give her unmatched insight into the needs of clients. Fred E. Karlinsky Shareholder Fort Lauderdale and Tallahassee Fred E. Karlinsky is a Shareholder and Co -Chair of Greenberg Traurig's Global Insurance Regulatory and Transactions Practice Group. Fred has nearly 30 years of experience representing the interests of insurers, reinsurers, and a wide variety of other insurance -related entities. He is a recognized authority on national insurance regulatory and compliance issues, has taken a leadership position in many insurance trade organizations, and has been listed in The Best Lawyers in America, Super Lawyers, Florida Trend 500, and Florida Trend's "Legal Elite" for his work in insurance law. Recognized as the only Band 1 Florida insurance lawyer by Chambers & Partners and one of the most influential leaders in Florida politics by City & State Florida and INFLUENCE Magazine, Fred has in- depth knowledge of insurance compliance matters and has been a primary strategist in virtually all types of Florida insurance -related legislative initiatives. In addition to his role with Greenberg Traurig, Fred has been an Adjunct Professor of Law at Florida State University College of Law since 2008. Since 2014 Fred has served on and currently chairs the Florida Supreme Court Judicial Nominating Commission (JNC), where five of the seven current sitting Justices of the Florida Supreme Court have been appointed during Fred's tenure on the JNC. © 2023 Greenberg Traurig, LLP GT Confidential and/or Proprietary Information www.gtlaw.com I 9 GT GreenbergTraurig Analysis, Advice and Advocacy Greenberg Traurig will work with the City of Cape Canaveral's leadership to ensure we fully understand the City's immediate priorities ahead of the 2024 Regular Legislative Session. Additionally, we will work with leadership to gain insight into the long-term goals of the City. To provide the most valuable representation, GT will engage in a team tailored approach coupled with traditional lobbying strategies to achieve success. Our team knows that communication is a key to success which is why we strive to always be available for consultation. We commit to identifying and coordinating relevant meetings with key stakeholders within the legislative branch to advocate for the City. Our team has long-standing relationships with Representative Tyler Sirois, Senator Debbie Mayfield, and their respective staffs as well as legislators that make up the Brevard County Delegation. Throughout the engagement, our team will be on call and available for consultation, advice, and other services and the City will have access to additional members of the Government Law and Policy Practice. We will work to coordinate a cadence of regularly scheduled conference (or video) calls to provide updates on advocacy efforts. GT will identify current available funding opportunities that the City of Cape Canaveral may qualify for within various state agencies. The state agencies that provide grant opportunities which may be of interest to the City include: the Florida Department of Environmental Protection, the Florida Department of Commerce, the Florida Department of Transportation, and the Florida Fish and Wildlife Conservation Commission. Facilitation During committee weeks and legislative sessions, GT will provide weekly written reports as well as a Legislative Session Summary Report at the end of session. These reports will include information pertaining to any legislative activity of interest to the City as well as the impact of any approved legislation. GT also provides a daily newsletter, Sunshine State Insights (SSI), to provide information relative to Florida politics, cabinet and executive agencies, and the Legislature. Meeting attendance will be a coordinated effort. Our GT lobbyists will meet with members and advocate on your behalf while also strategically identifying key times when your leadership may be required to be in Tallahassee. If appropriate and desired, GT will secure opportunities to testify at appropriate committee hearings. GT will prepare your representative testifying before a committee prior to the meeting. We will also provide context regarding the committee's composition, tendencies, and legislative members. Additionally, we will assist the City in the development of briefing papers, talking points, summaries, correspondence and preparation for committee testimony. We will work with the City of Cape Canaveral year-round to build long standing support throughout state government. Monitoring Greenberg Traurig will identify and monitor all issues that may impact the interests of the City of Cape Canaveral throughout this engagement. We subscribe to LobbyTools and use this as our primary bill tracking and monitoring system. LobbyTools enables us to research bills, statutes, legislators, committees, and calendars for executive agencies and licensing boards, Florida, and national news, press releases, and other essential information. We also monitor agency rulemaking through a state tracking system. GT is prepared to notify the City of Cape Canaveral immediately of any bills, amendments or proposed rule changes that may have an impact. We will also create a customized report specific to the City of Cape © 2023 Greenberg Traurig, LLP GT Confidential and/or Proprietary Information www.gtlaw.com I 10 GT GreenbergTraurig Canaveral to provide the most targeted, up-to-date information available. These reports are sent on a weekly basis during interim committee weeks and the legislative sessions. GT employs a year-round professional legislative support team that will be fully availably to the City throughout this engagement. This team is a vital part of the services offered to our clients. Those services include the following: Legislative Tracking Services: We identify and follow all bills of interest to our clients with up-to- the-minute notification of hearings and actions in committees as well as on the House and Senate floors. A focused tracking list is developed for each client and updated daily to ensure notification of any movement on priority bills of interest. Moreover, we make sure that clients receive bills and amendments of impact for review and comment on a timely basis. We work to develop a client -directed reporting plan to ensure that clients are kept up to date at their desired frequency. Monitoring of Committee and Floor Debate: In addition to the presence of our lobbying team, our support team monitors all debates on legislation of major impact to our clients. We also are equipped, in-house, to monitor committee hearings and floor actions via audio transmission, the Florida Channel, and internet access. Defensive Review of Filed Legislation and Amendments: Our support team conducts full text searches of all legislation and amendments filed for language impacting our clients. This is done through keyword and statute searches. This capability affords us immediate notification of language entering the process that might be detrimental to our clients. Monitoring of the Press: Our support team daily monitors Florida newspapers and blogs for press coverage that is applicable to our clients. Monitoring of Agency Regulatory Activities: Our team monitors agency activities, ranging from informational memoranda, rule promulgation including workshops and hearings, and office announcements for those issues which could affect our clients. Research and Drafting Services: The Tallahassee support team is equipped to draft proposed legislation, amendments and talking points on a moment's notice. We also have complete research capabilities. Sunshine State Insights: The GT team produces and distributes a daily newsletter to ensure all legislative clients receive up to date, relevant political intelligence. Our team is also fully equipped to monitor the state appropriations process from start to finish. The City of Cape Canaveral will be provided timely updates regarding the following topics that may be impactful: Senate Local Funding Initiative Requests House & Senate Proposed Budget House Appropriations Projects Budget Conference Meetings • Executive and Cabinet Agency Budget Special Sessions Requests Vetoes • Governor's Proposed Budget © 2023 Greenberg Traurig, LLP GT Confidential and/or Proprietary Information www.gtlaw.com I 11 GT GreenbergTraurig Relevant Experience City of Bonita Springs I Spring Creek Stormwater Management Improvements Local Funding Initiative Request I 2023 Regular Session I November 2022 — May 2023 Overview The City of Bonita Springs experienced frequent flooding in a specific area of their community affecting over 1,300 homes. While the flooding was occurring with heavy rainstorms, it was exacerbated by Hurricane Ian's impact in September 2022 as it made landfall approximately 50 miles north of the City. During the interim committee meetings leading up to the 2023 Legislative Session, the GT team and City leadership discussed which projects would have the biggest impact on their community. GT was able to advise the City and provide insight into the type of submitted projects have the best likelihood of being funded. Keys to Success The GT team was able to secure sponsorship in the Senate by Senator Jonathan Martin (R-Fort Myers) and in the House by Representative Adam Botana (R-Bonita Springs). Both legislators served on the Select Committee on Hurricane Resiliency & Recovery in their respective chambers. The GT team kept a constant line of communication open with both legislators and held formal and informal meetings with them throughout the Regular Session to advocate for the importance of the project and the impact it would have on the City. While the City Commissioners were in Tallahassee, the GT team scheduled meetings for them to meet with both sponsors of the project, as well as with legislators assigned to the appropriations subcommittee their project was assigned to. The Commissioners were able to have face-to-face conversations with the members and provided key information and documentation related to the details of the project. Outcome As legislators continued budget negotiations and finalized the 2023-2024 fiscal year budget, the GT team continued to meet with appropriation committee and subcommittee chairs as well as integral staff members to ensure that the project would receive funding. The project ultimately received full funding of $5.4 million. City of North Port I Hurricane Ian Recovery & Special Session I September 2022 Overview The City of North Port was severely impacted Hurricane Ian. The storm caused catastrophic damage and flooding to residential homes and critical infrastructure throughout the community. In the aftermath of the storm, our team was able to provide city leaders with timely information relating to announcements from the state as well as written briefs of the press conferences held by Governor Ron DeSantis and the relevant state agencies. Additionally, we were able to leverage our relationships with the Florida Department of Economic Opportunity to coordinate, in conjunction with the City, the setup of a state -sponsored Disaster Recovery Center which provided access to state and federal resources to those in need. During the subsequent Special Session in December 2022 which was convened by the Governor and Florida Legislature in response to Hurricanes Ian and Nicole, the GT Team provided City leadership with updates and summaries of the legislation passed by the Florida Legislature. This included a breakdown of the tax relief initiatives and disaster recovery allocations for the impacted communities. © 2023 Greenberg Traurig, LLP GT Confidential and/or Proprietary Information www.gtlaw.com I 12 GT GreenbergTraurig City of North Port I Price Boulevard Mitigation and Mobility Project Local Funding Initiative Request I 2023 Regular Session I November 2022 — May 2023 Overview One of the main transportation arteries in the City of North Port was critically damaged and in need of repair following Hurricane Ian. During the interim committee meetings leading up to the 2023 Legislative Session, the GT team and City leadership discussed which projects they would like to submit for local funding projects. GT was able to advise the City and provide insight into the type of submitted projects have the best likelihood of being funded. Keys to Success Hayden Dempsey and the GT team have had the pleasure of representing the City of North Port for over 15 years on matters ranging from legislative appropriations and projects to establishing a hospital within the City. During that time, Mr. Dempsey and the GT team have developed long-standing relationships with the House and Senate legislators that not only represent the City, but also members of the county delegation. Mr. Dempsey was able to secure sponsorship in the Senate by Senator Joe Gruters (R-Sarasota) who served as the Chairman of the Senate Regulated Industries Committee and, in the House, Representative James Buchanan (R-North Port) who served as the Chairman of the House Agriculture, Conservation & Resilience Subcommittee. The GT team kept a constant line of communication open with both legislators and held formal and informal meetings with them throughout the Regular Session to advocate for the importance of the project and the impact it would have on the City. While the City Commissioners were in Tallahassee, the GT team scheduled meetings for them to meet with both sponsors of the project, as well as with legislators assigned to the appropriations subcommittee their project was assigned to. The Commissioners were able to have face-to-face conversations with the members and provided key information and documentation related to the details of the project. Outcome As legislators continued budget negotiations and finalized the 2023-2024 fiscal year budget, the GT team continued to meet with appropriation committee and subcommittee chairs as well as integral staff members to ensure that the project would receive funding. The project ultimately received funding of $1.5 million. © 2023 Greenberg Traurig, LLP GT Confidential and/or Proprietary Information www.gtlaw.com I 13 GT GreenbergTraurig Public Finance & Infrastructure Practice Group For more than 4o years, Greenberg Traurig's Public Finance & Infrastructure Practice has been a national leader in public finance, bringing an innovative and pragmatic approach to structuring infrastructure and housing financings across the country. We have one of the largest public finance practices in the country with more than 40 attorneys across our offices in Arizona, Colorado, Florida, Georgia, Illinois, Massachusetts, Minneapolis, New York, Pennsylvania, Texas, and Washington, D.C. We serve as bond counsel, disclosure counsel, underwriter's counsel, special tax counsel, placement agent's counsel, insurer's counsel/credit-enhancer's or liquidity provider's counsel, borrowers counsel, lender's counsel, trustee's counsel, purchaser's counsel, counsel to conduit issuers, and counsel to public -private partnerships (P3). We have experience with every type of tax-exempt financing structure, including general obligation bonds, revenue bonds, tax anticipation notes, private activity bonds, tax -increment financing, conduit issuances, lease purchases/certificates of participation, workouts and restructuring. In the past decade, we have served as counsel on more than 3,20o public finance transactions in 37 states which aggregate over $200 billion. Our team includes dedicated section io3 tax lawyers with broad experience in every type of tax-exempt financing structure. They also have deep experience with arbitrage and rebate, tax exempt organizations, and tax credit financing. They are also supported by GT's entire tax practice, drawing on expertise with partnership tax, tax credit financing, corporate tax, opportunity zones, and nonprofits. As a global law firm, we are able to call upon attorneys within other Greenberg Traurig practices who focus on securities law, banking and financial services, government law & policy, public utilities, energy, construction, environmental, restructuring & bankruptcy, tax, tax credit financing, and tax-exempt organizations. We regularly work on tax-exempt and taxable financings with states, municipalities, Indian tribes, special tax districts (community development districts, community facilities districts, metropolitan districts, and business improvement districts), community redevelopment agencies, urban renewal authorities, industrial development authorities, conduit issuers, nonprofits, and public -private partnerships. Space Law Practice Group Greenberg Traurig's Space Law Group advises participants in the dynamic and ever -evolving space industry. Our global team draws on the skills of attorneys with first-hand experience dealing with space matters. They have served in U.S. governmental agencies and across many sectors and industries, advising clients on transactional, regulatory, legislative, investigative, and litigation matters relevant to companies operating in or with business interests in the space industry. Our team in Washington, D.C., allow us to take a proactive approach, ensuring we are the forefront of emerging issues in the space industry, both from a legislative and regulatory perspective. Attorneys from across our global platform have represented manufacturers, government contractors, technology companies, satellite companies, aerospace organizations, operators, and investors in issues most pressing to the industry. We have handled matters involving government contracts, government advocacy, intellectual property, export controls, financing, compliance, products liability, insurance, telecommunications, environmental, immigration, employment, real estate, business ventures, and dispute resolution, among others. We work with clients to design strategies to help them meet their goals and navigate this burgeoning Space Age. © 2023 Greenberg Traurig, LLP GT Confidential and/or Proprietary Information www.gtlaw.com I 14 GT GreenbergTraurig References We have provided four current references directly related to the services referenced in this Scope of Services for Legislative Representation. Additionally, please see the three attached letters of reference which we submitted as part of a recent Request for Qualifications from the City of Daytona Beach Shores. Reference 1 2023 Session Legislative Appropriations & Hurricane Ian Recovery Jerome Fletcher, City Manager City of North Port 497o City Hall Blvd., North Port, FL 34286 (941) 429-7076 jfletcher@northportfl.gov Project Name: Contact Person's Name: Company: Address: Phone: Email: Reference 2 2023 Session Legislative Appropriations Arleen Hunter, City Manger City of Bonita Springs 9101 Bonita Beach Road, Bonita Springs, FL 34135 (239) 949-6262 arleen.hunter@cityofbonitasprings.org Project Name: Contact Person's Name: Company: Address: Phone: Email: Reference 3 2023 Session Legislative Appropriations Frank Kitzerow, Town Manager Town of Jupiter 210 Military Trail, Jupiter, FL 33458 (561) 741-2214 frankk@jupiter.fl.us Project Name: Contact Person's Name: Company: Address: Phone: Email: Reference 4 2023 Session Legislative Advocacy Sonya Deen Hartley, Vice President JM Family Enterprises I Current Space Florida Board Member Project Name: Contact Person's Name: Company: Address: Phone: Email: 100 Jim Moran Blvd., Deerfield Beach, FL 33442 (954) 415-4406 Sonya.Deen@jmfamily.com © 2023 Greenberg Traurig, LLP GT Confidential and/or Proprietary Information www.gtlaw.com I 15 City of Worth Port www.NorthPortFL.gov Office of the City Manager 4970 City Hall Boulevard North Port, Florida 34286 (941)429-7077 Fax: (941) 429-7079 August 28, 2023 City of Daytona Beach Shores 2990 S. Atlantic Avenue Daytona Beach Shores, FL 32118 RE: Lobbying Services RFQ I Greenberg Traurig Dear Selection Committee: Greenberg Traurig has represented the City of North Port on the state level since 2004. Throughout the engagement, they have provided state legislative and executive branch representation on various matters include local funding projects through the state appropriations process as well as assistance with state grant awards and opportunities. The Greenberg Traurig team is effective and hardworking and has helped the City of North Port to secure funding for several projects totaling $4,036,000. In addition, Greenberg Traurig and has been an all-around valuable resource for our City. Please contact me should you have any additional questions regarding the City's experience with Greenberg Traurig. Sincerely, (Signature) A. Jerome Fletcher II City Manager AJ F/a m d Bonita Springs Florida Small Town Charm. Big Bright Future. 9101 Bonita Beach Road Bonita Springs, FL 34135 Tel: (239) 949-6262 Fax: (239) 949-6239 www.cityofbonitasprings.org Rick Steinmeyer Mayor Jamie A. Bogacz Council Member District One Jesse Purdon Council Member District Two Laura Carr Council Member District Three Chris Corrie Council Member District Four Nigel P. Fullick Council Member District Five Fred Forbes, AIA Council Member District Six Arleen M. Hunter City Manager (239) 949-6267 Derek P. Rooney City Attorney (239) 949-6254 City Clerk (239) 949-6248 Public Works (239) 949-6246 Neighborhood Services (239) 949-6257 Parks & Recreation (239) 992-2556 Community Development (239) 444-6150 August 23, 2023 City of Daytona Beach Shores 2990 S Atlantic Avenue Daytona Beach Shores, FL 32118 RE: Lobbying Services RFQ — Greenberg Traurig Dear Selection Committee: The City of Bonita Springs contracted with Greenberg Traurig in December of 2022 to provide State legislative and Executive branch lobbying services. During the 2023 legislative session, while under contract with Greenberg Traurig, the City was appropriated the full requested amount of $5,400,000 for a neighborhood stormwater management and flood prevention improvement project. Under the contract, Greenberg Traurig assists the City with other requests for information throughout the year, such as questions regarding grant opportunities and miscellaneous legislative undertakings. Greenberg Traurig has been communicative and knowledgeable throughout the provision of their services in a professional manner. As such, I would state that Greenberg Traurig delivered all identified services within the contract timely, proficiently, and with the City's interests in mind. Please contact me should you have any additional questions regarding the City's experience with Greenberg Traurig. The best way to reach me is by emailing carly.sanseverino@cityofbonitasprings.org. Sincerely, (Signature) Carly Sanseverino Staff Attorney TOWN OF JUPITER FLORIDA TOWN MANAGER'S OFFICE August 25, 2023 Cheri Schwab, City Clerk City of Daytona Beach Shores 2900 S. Atlantic Ave. Daytona Beach Shores, FL 32118 Dear Ms. Schwab: I have served as the Manager of the Town of Jupiter since November 8, 2021. Prior to being named the Town Manager, I served for thirteen years as the Town's Chief of Police and three years as the Chief of Police and School Safety Specialist for the Palm Beach County School District Police Department. In my various roles I have known Tim Stanfield and the Greenberg Traurig Government Law and Policy ("GTGLP") Team both professionally and personally since 2010. At all times the team has demonstrated the upmost ethical behavior and professional competence at all times. In December of 2022, the Town contracted with the GTGLP team to represent Jupiter's interests before the Florida Legislature and Executive branch of the state government after a thorough, competitive procurement process. Even though we engaged GTGLP late in the legislative planning process, the team was able to secure critical stormwater project funding through the state appropriations process. The team provides the Town with critical regular communications to help us understand the policy and appropriations process, as well as take advantage of opportunities offered by state agencies as they arise. The GTGLP team is knowledgeable, effective, hardworking and exhibits the highest of ethical standards. Sincerely (Signature) Frank J. Kitzerow Town Manager TOWN HALL • 210 MILITARY TRAIL • JUPITER, FLORIDA 33458 • WWW.JUPITER.FL.US • 561-746-5134 GT GreenbergTraurig Proposed Fees Monthly rate for all services and expenses GT proposes to provide the City of Cape Canaveral lobbyist services for $45,000 annually/$3,750 monthly. GT will identify topics and areas of need to legislators serving the City of Cape Canaveral, pertinent legislative leaders and committee chairs, and administrative officials. The proposed fee would include preparing letters and verbal and written testimonies, arranging and scheduling appointments, monitoring legislative, executive, and administrative activities, and communicating effectively with the City of Cape Canaveral and its elected and appointed officials and their staff, as well as those interest groups identified by the City of Cape Canaveral. The only additional cost will be costs incurred by GT for the purpose of lobbyist registration as required by law. © 2023 Greenberg Traurig, LLP GT Confidential and/or Proprietary Information www.gtlaw.com I 16 GT GreenbergTraurig Team Biographies Hayden R. Dempsey SHAREHOLDER TALLAHASSEE +1 850.521.8563 dempseyh@gtlaw.com I Detailed Biography Hayden R. Dempsey is the Chair of the Florida Government Law & Policy Practice. He lobbies on behalf of numerous private and public clients before both the federal and Florida state governments. He regularly represents clients in legislative matters, Medicaid and health policy matters, appropriations, procurement disputes, transportation and infrastructure issues, health care regulatory matters, and election matters. He also focuses on the lobbying of insurance and other regulatory issues before the Office of Insurance Regulation and the Florida Legislature. Hayden has broad governmental experience, having served in four governors' administrations. Hayden served as Special Counsel to Gov. Rick Scott, where he oversaw the Legislative Affairs Office and advised the Governor and his staff on legislative, policy, and budget issues. He also worked closely with the Governor's agencies to assist in development and passage of their legislative priorities. Hayden previously served as Legislative Affairs Director, Deputy General Counsel, and Legislative Counsel for Gov. Jeb Bush. He started his professional career working for Gov. Bob Martinez and Gov. Lawton Chiles. Hayden represented the presidential campaigns of Bush -Cheney '04, Florida and McCain-Palin '08, and the gubernatorial campaigns of Gov. Rick Scott, Gov. Charlie Crist, and Gov. Jeb Bush. Hayden also represented Congressman Vern Buchanan in the 2006 election contest relating to the office of Representative from the Thirteenth Congressional District of Florida. Concentrations • Governmental affairs • Appropriations • Medicaid and health care policy and regulation • Insurance regulation and legislation Transportation and infrastructure Administration and regulatory litigation Procurement Election law Education • J.D., Nova Southeastern University Shepard Broad Law Center, 1994 • Nova Law Review • Moot Court Society © 2023 Greenberg Traurig, LLP GT Confidential and/or Proprietary Information www.gtlaw.com I 17 GreenbergTraurig Inns of Court • B.A., Political Science, Wake Forest University, 1990 Admissions Florida U.S. District Court for the Northern District of Florida Timothy F. Stanfield SHAREHOLDER TALLAHASSEE +1 850.222.6891 stanfieldt@gtlaw.com gtlaw.com I LinkedIn I Detailed Biography Timothy F. Stanfield is a Shareholder with the Florida Government Law & Policy Practice. He represents a broad array of private and public -sector clients before the Florida Legislature, Cabinet and State agencies. Tim's practice is largely focused on regulated industries to include insurance, land use, and alcoholic beverages, including addressing 'tied house evil' issues. He also represents local governments, trade associations, and clients participating in Florida's procurement process. Tim has more than a dozen years of lobbying experience, and is known within Florida's Capitol for his deep subject matter knowledge and strategic thinking. Tim also provides clients with regulatory legal and consulting services. Tim has obtained a variety of permits, licenses, and approval certificates from state and local government agencies. He maintains working relationships within state departments and agencies, including the Department of Financial Services, Office of Insurance Regulation, Department of Economic Opportunity, Department of Transportation, Department of Health, Agency of Health Care Administration, Department of Business and Professional Regulation, and the Department of Management Services. Concentrations O Insurance • Economic development O Tied -house evil (alcoholic beverages) • Land use O Hemp O Local government Education • J.D., Florida Coastal School of Law, 2006 • B.A., Business Administration with a focus in Food and Resource Economics, University of Florida, 2002 Admissions • Florida © 2023 Greenberg Traurig, LLP GT Confidential and/or Proprietary Information www.gtlaw.com I 18 GT GreenbergTraurig Fred W. Baggett SHAREHOLDER TALLAHASSEE +1 850.425.8512 baggettf@gtlaw.com I Detailed Biography Fred W. Baggett is the Chairman of the Tallahassee Office and a senior member of the firm's National Government Law & Policy Practice. For more than 30 years, Fred has represented a broad range of the general business community, associations and governmental entities before federal, state and local agencies, and legislative bodies. A significant portion of his practice focuses on matters relating to health care, insurance, environment regulation, banking and finance, and business and professional regulation. Fred's practice also includes policy development and advocacy as well as administrative litigation. Fred also focuses on the lobbying of insurance and other regulatory issues before the Office of Insurance Regulation and the Florida Legislature. Education ® J.D., Florida State University College of Law, 1970 • B.A., University of Florida, 1967 Admissions • Florida Roger (Beau) N. Beaubien OF COUNSEL TALLAHASSEE +1 850.425.8558 beau.beaubien@gtlaw.com I LinkedIn I Detailed Biography Roger (Beau) Beaubien is a member of the Government Law & Policy Practice in Greenberg Traurig's Tallahassee office. Prior to joining the firm, Beau served as Deputy Chief of Staff and Director of Cabinet Affairs in Florida Governor Ron DeSantis's administration. In this role, he oversaw all operations of the Office of Cabinet Affairs, and provided policy and operational oversight of a number of state agencies including the Department of State, Department of Corrections, and Department of Juvenile Justice. His private practice experience includes advising on matters related to ethics and elections. He has provided counsel to various clients including candidates, campaigns, political committees, and political parties on the complexities of Florida's campaign finance and election laws. Beau has also represented clients before the Florida Elections Commission and the Commission on Ethics. Beau's additional governmental experience includes serving as Assistant Attorney General and Special Counsel in the office of Attorney General Pam Bondi. He has served in major roles on transition teams and gubernatorial campaigns. Concentrations Election law © 2023 Greenberg Traurig, LLP GT Confidential and/or Proprietary Information www.gtlaw.com I 19 GT GreenbergTraurig Campaign finance Ethics Administrative law Education • J.D., Florida State University College of Law, 2012 • B.A., University of Florida, 2005 Admissions Florida Agustin G. Corbella SENIOR DIRECTOR TALLAHASSEE +1 850.222.6891 corbella@gtlaw.com I Detailed Biography Agustin G. Corbella, Senior Director of the Government Law & Policy Practice of the firm's Tallahassee office, focuses his practice on legislative and executive branch lobbying and public policy advocacy. With nearly 30 years of experience working in and with state and federal government, as well as state and national campaigns, he is widely recognized as one of the ioo most influential people in Florida politics. Prior to joining Greenberg Traurig in 2004, Gus previously served as Chief of Staff to the Florida Senate President, staff director for the Majority Offices of both the Florida Senate and the Florida House of Representatives, and worked for a Member of the United States Congress. His role as an advocate and chief advisor to government's most prominent leaders has provided Gus with a broad knowledge of the process and issues before the Florida Legislature, and state and federal government. Concentrations • Legislative branch representation before the Florida Senate and Florida House of Representatives • Executive branch representation before the Governor, Cabinet and state agencies • Representation before the Florida Constitution Revision Commission • Telecommunications • Health Care • Transportation and Infrastructure • Gaming • Procurement • State appropriations • Entertainment © 2023 Greenberg Traurig, LLP GT Confidential and/or Proprietary Information www.gtlaw.com I 20 GT GreenbergTraurig Education M.P.A., Florida State University, 1996 B.A., Political Science and International Relations, New York University, 1992 Not admitted to the practice of law. Liz Dudek DIRECTOR OF HEALTH CARE AFFAIRS TALLAHASSEE +1 850.425.8517 dudekl@gtlaw.com I Detailed Biography Liz Dudek's career in Florida's state government spanned over 40 years across a variety of senior management positions including Secretary of the Agency for Health Care Administration and Deputy Secretary of Health Quality Assurance. As Secretary, Liz oversaw one of the largest Medicaid programs in the nation. Under her administration, the Agency successfully implemented the Statewide Medicaid Managed Care program and the establishment of the Care Provider Background Screening Clearinghouse. Liz has worked extensively with health care facilities, providers, and insurers. As a leader in health care regulation and insurance, her distinctive knowledge and experience give her unmatched insight into the needs of clients. Concentrations + Health care regulation + Insurance regulation + Medicaid + Procurement + Florida state licensure programs Education + B.A., Elmhurst College • Deuxieme Degre, L'Alliance Francaise Not admitted to the practice of law. © 2023 Greenberg Traurig, LLP GT Confidential and/or Proprietary Information www.gtlaw.com I 21 EaGreenbergTraurig Fred E. Karlinsky SHAREHOLDER FORT LAUDERDALE +1 954.768.8278 TALLAHASSEE +1 850.222.6891 karlinskyf@gtlaw.com I Linkedln I Twitter I Detailed Biography Fred Karlinsky is a Shareholder and Co -Chair of Greenberg Traurig's Global Insurance Regulatory and Transactions Practice Group. Fred has nearly 30 years of experience representing the interests of insurers, reinsurers, and a wide variety of other insurance -related entities. He is a recognized authority on national insurance regulatory and compliance issues, has taken a leadership position in many insurance trade organizations, and has been listed in The Best Lawyers in America, Super Lawyers, Florida Trend 500, and Florida Trend's "Legal Elite" for his work in insurance law. Recognized as the only Band 1 Florida insurance lawyer by Chambers & Partners and one of the most influential leaders in Florida politics by City & State Florida and INFLUENCE Magazine, Fred has in-depth knowledge of insurance compliance matters and has been a primary strategist in virtually all types of Florida insurance -related legislative initiatives. In addition to his role with Greenberg Traurig, Fred has been an Adjunct Professor of Law at Florida State University College of Law since 2008. Since 2014 Fred has served on and currently chairs the Florida Supreme Court Judicial Nominating Commission (JNC), where five of the seven current sitting Justices of the Florida Supreme Court have been appointed during Fred's tenure on the JNC. Concentrations O Insurance regulatory law O Insurance transactional matters • Insurance legislation • Executive, legislative and municipal government affairs • Governmental law • Corporate representation • Health care Education • J.D., Florida State University College of Law, 1992 • B.S., University of Miami, 1989 Admissions O Florida O England and Wales • Supreme Court of the United States • U.S. Court of Appeals for the Eleventh Circuit • U.S. Court of Federal Claims • U.S. District Court for the Southern District of Florida • U.S. District Court for the Middle District of Florida • U.S. District Court for the Northern District of Florida • U.S. Tax Court © 2023 Greenberg Traurig, LLP GT Confidential and/or Proprietary Information www.gtlaw.com I 22 Attachment 5 Real Estate Broker Television Executive Producer Jason Steele www.smithlawtlh.com 321-258-8993 Cell 321-676-5555 Office jasonsteele@me.com SMITH & ASSOCIATES 1499 S. HARBOR CITY BLVD., STE. 202 MELBOURNE, FL 32901 Former FL State Representative Court Appointed Receiver Expert Witness Law Office Director of Government Affairs Professional Experience 2015: Appointed by to Senate President Andy Gardiner Enterprise Florida Board of Directors A not -for -profit government and business partnership to guide Florida's economy. 2015: Appointed by Senate President Andy Gardiner to Space Florida Board of Directors A aerospace economic development organization, committed to attracting and expanding the next generation of space industry businesses in Florida. 2012 to Present: Director of Governmental Affairs for Smith & Associates Law Offices A non -lawyer and sole advisor on political matters for the firm's offices in Melbourne and Tallahassee. Head of business development and provider of expert witness testimony in the on Real Estate matters in State and Federal Courts. 1990 to Present: Expert Witness: Retained for legal opinion on real estate cases in the state of Florida. Please see list of some of the cases attached. 2013 to 2014: Court Appointed Receiver for the Hampton Inn of West Melbourne, FL Strong Receivership skills have been recognized by the Circuit Court many times. Responsible for overseeing the staff and daily operations while making much needed improvements to insure occupancy, profitability and the maintaining of the Hilton flag while the property was undergoing lengthy court proceedings. Previously a Receiver in a highly visible Brevard Builders case in which he was able to save many homeowners from major losses, due to corruption of the builders. Prior receiverships also encompass apartments' hotels, and residential subdivisions 2012 to Present: Executive Producer of TV Show "Political Food for Thought" Currently in its 5th season this show is a fast moving, non -partisan, non -adversarial cross between CNN News, and the Cooking Channel. It has been wildly successful in Florida airing on Fox Affiliate, Sun Sports, and is broadcast to 7,000,000 homes statewide in Florida. 2008 to Present: Broker for The Steele Group Co -Founder of this company owned by his longtime partner, and bother, Val Steele. Specialization in environmentally endangered land sales to Federal and State Agencies resulting in being a major contributor to Hubbs Sea World and the Archie Carr National Wildlife Refuge. Manager of the Commercial Division and involved in key developments of Brevard County. During this time Jason was a real estate instructor, real estate commissioner, and eventually went on to head up the entire Division of Real Estate for Governor Jeb Bush. Professional Experience Cont. Community & Government Experience March 2007 to 2008: Downs Corporation, 2050 S. Patrick Dr. Indian Harbor Beach Project Manager for Dragon Pointe Mixed Use Development and Broker of Record for Downs Realty, LLC March 2004 to March 2007: Coldwell Banker Ed Schlitt Realty Melbourne Managing Broker of the Melbourne office with multiple sales agents in real estate. Duties included oversight of all sales contracts, weekly sales meetings, performance reports, organization of sponsored community programs. May 27, 2003 to March 2004: irector of the Division of Real Estate State of Florida under the Department of Business and Professional Regulations, Orlando Department. Appointed by Governor Jeb Bush. In charge of a team of investigators. Worked with FREC and FREAB. Mission of protecting the public through regulation of real estate licensee's and appraisal licensees. May 2002 to May 2003: Appointed receiver for Brevard Builder Group by Circuit Court Judge George Maxwell The Honorable Judge George Maxwell needed an expert in real estate to help a group of Brevard County residents doing business with a local builder. Worked with the families on claims of misrepresentation and fund mismanagement. Expertise required knowledge of real estate contract law and qualifications for DBPR programs for claimants' return of funds. 1974 to 2003: Vice President of The Steele Company Indialantic, FL Full service real estate Brokerage Corporation specializing in government acquisitions of vacant land for conservation, permitting, commercial and subdivisions. Florida Real Estate Commissioner: Appointed by Governor Martinez 1988 to serve four years. Re -appointed in1992 by Governor Lawton Chiles for additional 4-year term. Real Estate Instructor since 1980 2015: Enterprise Florida and Space Florida Board of Directors 2012 to Present: East Central Florida Chamber of Commerce Legislative Committee 2010 to Present: Economic Development Council Board of Directors 2010: Chairman of Marco Rubio Campaign for United States Senate 2009 to 2010: Chairman of Brevard County Republican Party 1988 to 2008: Member of Melbourne Palm Bay Chamber of Commerce 2004 to 2012: Prevent Board of Directors 2002 to 2008: Member Hubbs Seaworld Research Institute Florida 1985 to 2008: Founder, and Member of Space Coast Tiger Bay Club 1996 to 1993: Liaison to Florida Real Estate Education Foundation 1994: Agency Task Force committee member 1992: Chairman Florida Real Estate Commission 1991 to 1990: Vice Chairman Florida Real Estate Commission 1981: Tourism, Economic Development and Transportation, Private Property Rights, Chairman Brevard County Legislative 1980 to 1982: Served in the House of Representatives, as State Representative District 44 1972: President of South Brevard Young Republicans Education I.T.I. Trained Real Estate Instructor Florida Association of Realtors Senior Instructor of: GRI, Fair Housing, Sales and Marketing, Environmental Permitting, Agency, and Law. Attended Florida State University. Associates degree from Broward Community College. Attended St. Thomas Aquinas High School, and Stranahan High School, Ft. Lauderdale. Realtor Association 1999: Florida Association of Realtors (FAR) Legal Action Committee. FAR Board of Directors. Vice Chair Legislative Committee. 1998: President Melbourne Association of Realtors. Vice Chairman Regulatory Reform. Task Force Member Risk Management. Statewide Chairman Realtors for Bush. Board of Directors FAR 1997: President Elect Melbourne Association of Realtors. Board of Directors FAR. Legislative Committee member. 1985: Legislative Committee Chairman Licenses 1974 to Present: Active Real Estate Broker License 1998 to 2003: Real Estate Broker's License inactive due to conflict of interest for Position 1997: Real Estate School: Jason Steele Real Estate Institute 1980 to 1999: Real Estate Instructor Publications "The Environmental Survival Kit for Real Estate Professionals" Book Co Authored with Attorney Becky Vose and Environmental Engineer Barry Reiter "Expert Witness: Lending a hand in Real Estate Cases" May 10, 2011 Article in Florida Law Journal City of Cape Canaveral Draft Scope of Services for Legislative Representation 1. Identify, review, monitor and analyze proposed and emerging State policies, programs, and legislation in connection with the City's interests. 2. Review the legislative policy statements adopted by the Florida League of Cities and the policy statements of other local government lobbying groups for the purpose of identifying issues which may either positively or negatively affect the City. 3. Assist the City Council and City Staff in coordinating and developing the City's legislative program. These issues may include: public safety, law enforcement, business attraction and retention, infrastructure improvements, transportation, environmental, affordable housing, economic development, utilities, revenue enhancement, annexation, mandates, and other municipal issues affecting the City. 4. Monitor State Legislative Committee Meetings, State Agency Hearings and Meetings prior to or during the Legislative Session at which specific issues within the City's adopted Legislative Program are considered or which may significantly affect the City's interest. 5. Work with the City Council, City Attorney, and City Staff in developing special or general legislation in keeping with, or supportive of, the City's adopted Legislative Program. 6. Develop and evaluate strategy for the support, opposition, or amendment of pending legislation. 7. Appear and testify at State Agency Hearings, rulemaking proceedings and other administrative or legislative meetings in order to promote, oppose or seek passage of legislation, policies, or rules affecting the City or its citizens. 8. Coordinate appointments/meetings between the City Council, City Attorney, or other City Staff and appropriate State Officials and Legislators. 9. Prepare briefings, reports (oral and written), and information bulletins pertinent to any State Legislation, policies, rules or regulations that affect the City. 10. Prepare periodic written reports that summarize the status of the City's legislative program and priorities. 11. Assist the City in coordinating applications and obtaining State permits and grants. 12. Represent the City before the Brevard County Legislative Delegation and its members regarding the City's legislative program. 13. Upon request of the City, or as deemed necessary by Legislative Representative, will attend City Council meetings and meetings with the City Attorney and City Staff regarding any of the aforesaid. Attachment 6 SUNRISE CONSULTING GROUP September 10th, 2023 Todd Morley 100 Polk Avenue Cape Canaveral, Florida 32920 RE: City of Cape Canaveral Legislative Representative Dear Mr. Morley, It's a privilege to be considered as a candidate to represent the City of Cape Canaveral ("the City"). The City is truly unlike any other in Florida with its robust space industry. We've had the opportunity to witness firsthand the growth and overall forward momentum of Brevard County during through our representation of other local governments. Our experience makes us appreciate the intricacies of local government operations but also the unique challenges and opportunities the city faces. Sunrise Consulting Group ("SCG") is renowned for its work with local governments. The very essence of what sets us apart is our unparalleled commitment to advocacy, going beyond the securing of legislative appropriations. Throughout Florida, we've showcased our dedication by constantly educating, informing, and leading important discussions about our client communities. Our past endeavors in Brevard County underscore our familiarity with the region, yet our selective engagements ensure that there will be no conflicts of interest when representing Cape Canaveral's best interests. Central to our approach is cultivating and maintaining strong relationships. I am proud to share that we have fostered commendable ties with your legislative delegation. This network, combined with our deep understanding of local government nuances, equips us to be the champions Cape Canaveral needs in legislative arenas. We aim to be more than just your lobbyists; we seek to be partners in progress, ensuring Cape Canaveral's voice is heard, priorities recognized, and aspirations achieved. Given our extensive experience, insights into Brevard County, and a proven track record, we are confident in our ability to be a driving force for Cape Canaveral's legislative priorities. Our goal is to extend our unwavering commitment, passion, and expertise to further the city's objectives and to strengthen its position both locally and statewide. I sincerely hope the City of Cape Canaveral will consider us to be more than just their lobbyist, but a dynamic partner. We are eager to invest our skills, resources, and dedication into this partnership aligning the city's growth and progress. Please don't hesitate to reach out to me at the number below for further discussions or any clarifications. Sincerely, (Signature) Shawn Foster, President Sunrise Consulting Group 5957 Riviera Lane, New Port Richey, FL 34655 P. 727. 808. 4131- foster@scgroup.us City of Cape Canaveral Legislative Representative SUNRISE CONSULTING GROUP The City of Cape Canaveral SCG is a specialty lobbying firm focusing on the needs of Florida's local governments. We are headquartered in New Port Richey, with offices and staff just a block away from the Florida State Capitol, in Tallahassee. Our culture is dedicated to building strong relationships and driving results for our clients. With over sixty years of combined legislative and executive lobbying, general government affairs, and campaign experience, we bring a unique perspective and deep relationships with the legislature, chamber leadership, and executive agencies such as the newly renamed Dept. of Commerce. It is our relationships that will provide the City with an invaluable interface for Florida's political process. Florida Politics has previously noted SCG for achieving remarkable results for the size of our firm. We will assist the city in developing both a short-term, concise legislative agenda and a long-term sustainable intergovernmental agenda that matches the projected priorities of current and future state leadership, extending far beyond the legislature. SCG has the foundational track record needed to advocate for the City's appropriations requests, having secured almost $500 million for our clients (please see our sample of recently secured appropriations attached to this statement). Our knowledge and experience with the General Appropriations Act of the State of Florida will help the city pursue opportunities for its numerous local projects from both the annual appropriations process and the many available grant opportunities provided by legislation. This partnership will be much more than a shepherd for an appropriations request for a few months each year. In considering the subject of the solicitation further, it's clear that Pensacola needs a "strategic consultant." To us, "strategic" and "consultative" are not just buzzwords, but embody our work ethic. Many of our local government clients consider SCG an integral part of their executive team, as we can often assist with various issues year-round. This exposure to both the routine daily workflow processes and critical organization -changing issues our local government clients face enables us to provide unique insights. Our genuine interest in the City will foster a strong relationships with the City. Our engagement with city staff, in ways other firms may not, yields the most fruitful outcomes. This interest in the City's operations will greatly enhance the consultative value that SCG brings to the City. We view our local government clients as partners in success, and by engaging in continuous consultative dialogue, we gain an intimate understanding of their goals, priorities, and constraints. This interaction enables us to formulate strategies that are not only innovative but also reflect the City's unique ethos and needs. Our approach allows Pensacola to proactively anticipate legislative challenges and opportunities, thereby enabling it to stay one step ahead. While we strive to keep this narrative concise, we feel it's essential to mention the value of coalition building. At SCG, we recognize that success in policy issues and funding requests is often bolstered by garnering support from the right stakeholders at the right time. We thoughtfully leverage our extensive, wide-ranging network to connect the city with influential allies, both locally, regionally, and statewide, enhancing the city's position and amplifying its voice. SCG's overall wealth of experience and significant achievements in advocating for local governments make us an ideal partner and the perfect investment for the City to engage Florida's decision makers. Working with SCG, the City will maximize its interactions with Tallahassee in a way many similar firms may not be able to accomplish. City of Cape Canaveral Legislative Representative SUNRISE CONSULTING GROUP Firm Profiles Shawn Foster/ CEO & President Shawn Foster brought a wealth of political and government experience when starting Sunrise Consulting Group 20 years ago. Having worked inside the state and federal echelons of government for over 20 years, Shawn has built unique relationships and gained powerful knowledge to achieve successes for his clients. Shawn began his career in Sarasota and Manatee Counties, where he was the student body President of USF-Sarasota, from where he graduated. After college, Shawn started in the legislative process working for a State Representative. Shawn served as Congressman Gus Bilirakis' County Director for six years. This experience allowed Shawn to become well acquainted with not only the numerous issues being debated in Washington, but the opportunity to become engrained in the issues facing the State of Florida. Prior to working for Congressman Bilirakis, Shawn served as a Senior Legislative Aide for State Senator Mike Fasano. In addition to his work inside government, Shawn has an astute political background as he has managed and consulted on numerous political campaigns over the past 22 years. Shawn began lobbying in 2006 and was previously the Managing Partner for the Tampa Bay office for the Southern Strategy Group. He is well versed in the political efforts of both the private and public sectors. COMMUNITY INVOLVEMENT • United Way of Pasco County — Past Chairman • United Way of Florida — Board of Governors • Community Service Council of West Pasco — Past President • Feeding Pasco's Elderly — Founding Board Member • Lighthouse for the Blind & Visually Impaired — VP • Association of Florida Colleges — Member • Florida Association of Professional Lobbyists — Member • Florida Education Legislative Liaisons — Member • Florida Association for Intergovernmental Relations • Elected Pasco County Republican State Committeeman, 2020 Years of Government Experience 22 Honors and Awards Philanthropist of the Year, 2017 Honorary Governor of West Pasco — West Pasco Chamber of Commerce, 2016 Volunteer of the Year- 2015 Community Service Council Military Service United States Air Force Education B.S. Psychology University of South Florida SUNRISE Firm Profiles Andrew Kalel / Government Affairs Consultant Andrew brings a unique and deep understanding of the intricacies of local and state government to Sunrise Consulting. Andrew's family has been a part of Florida's legislative and regulatory process for many years and has a firm grasp on the importance of building lasting relationships. He also is a critical thinker, thoughtfully crafting strategy to engage decision makers in a variety of subjects. Andrew started his career in and around state government as an undergraduate in college, holding positions with the Florida Department of Law Enforcement, in the Secretary's office of the Florida Lottery, and as a court -appointed auditor for the Justice Administrative Commission. In these roles, he was exposed to executive decision makers and the workflow process of large state agencies with multi -million -dollar budgets impacting every day Floridians. He interned for the Florida Sheriffs Association, the House of Representatives, and with Security First Insurance Company, one of Florida's top five, Florida -based property insurance companies. After college, Andrew leveraged his knowledge of state government to work in the private sector in a project management position under Jason Gonzalez at Shutts & Bowen. There he supported large government affairs projects for the firm by liaising with the Executive Office of the Governor, as well as assisting with tracking legislation and gathering and analyzing political research. Over his career Andrew obtained both his insurance adjuster, and broker license. He has worked as a catastrophe adjuster after Hurricane Matthew, and as a daily claims adjuster. Andrew continues to stay abreast of insurance public policy, and emerging industry trends. Before joining Sunrise Consulting Group, Andrew was the joint Legislative Affairs Director for the Offices of Criminal Conflict and Civil Regional Counsel (Offices). Andrew was successful in building these agencies' first legislative program and devised a strategy to increase awareness of the agencies' mission, purpose, and policy and budgetary needs. During his tenure, the offices saw an over a 30% increase in funding and passed several pieces of legislation that were critical to agency operations and the clients the offices serve. Years of Government Experience 10 Education Florida State University B.S. Applied Economics J. M Risk Mgmt, Contracting & Compliance Other Certified Public Manager® Influence Magazine 30 under 30, Rising Stars in Florida Politics — 2019 SUNRISE Firm Profiles Gene McGee / Partner Gene has over 30 years of experience working for and with local and state government in Florida. Before providing consulting services to a broad array of large corporate stakeholders for over 20 years, Gene served as Legislative Affairs Director for the Florida Department of State where he successfully secured over $50 million in state funding annually for Cultural and Historic Preservation projects. He worked to pass the most sweeping elections reform legislation in a decade, served on the State Council for Competitive Government, and passed legislation reducing the corporate filling fees by 25%. While at the Department of State, Gene was appointed Director of International Relations and led the state's efforts in areas such as protocol, sister -city and sister state activities, and consular corps interaction. Gene was instrumental in the legislation that created Enterprise Florida and has served as an appointed Board Member of: Enterprise Florida, the Partnership on International Trade and Economic Development of Enterprise Florida, and the Florida Export Finance Corporation. In additional to his agency work, Gene worked in the Florida Legislature as a Staff Director in the House Republican Office and was instrumental in passing legislation aimed at forcing competition in the delivery of state services including creation of the State Council on Competitive Government. He was also a leader in legislation creating the Florida Department of Juvenile. Justice. Gene has extensive knowledge of mental health, substance abuse and child welfare policy issues, and led the. Transition Team for the Department of Children and Families by Governor Charlie Crist in 2006. Mr. McGee also served as Chief Deputy Clerk of Courts in Citrus County where he supervised activities in courts and records.• While there, Mr. McGee oversaw a massive technology modernization campaign that converted the office to open• systems computer architecture and pioneered electronic public access to records in the county. Active in politics for over 30 years, Mr. McGee served as Field• Director for Florida House Campaigns in 1992 and 1994 and Director of State Senate Campaigns for the Florida Republican Party during the 2002 cycle. Years of Government Experience 30 + Education College of Central Florida, Political Science Community & Professional Involvement Citrus County Education Foundation — Board Member Citrus County Tourist Development Council — Board Member Citrus Aid Cancer — Executive Board Member Prosperity Citrus — Steering Committee Member Florida Association of Professional Lobbyists — Member Enterprise Florida Board of Directors — Past Member Citrus County Chamber of Commerce — Past Member Military Service United States Army SUNRISE CONSULTING GROUP The City of Cape Canaveral SCG Funding Accomplishments, Past Decade 2013 $ 1,500,000 - Hernando County, adult technical training program. $ 1,500,000 - Hernando County Historic Chinsegut Hill restoration. $3 million in economic development grant funding for Hernando County 2014 $1,150,000 — Hernando County - Tampa Bay Innovation Training Center $3,000,000 — Hernando Coast Education Plaza $500,000 - Pasco County - Lacoochee/ Trilby Water System Improvements $1,000,000 - Pasco County - Pithlachascotee- Anclote Conservation Effort (PACE) $200,000 - Pasco County - Duck Slough Drainage 2015 $1.5 million for Hernando County instrument landing system at the Hernando -Brooksville Regional Airport $1,000,000 - Pasco County- Summertree Water Supply Interconnect $2,750,000 - Sarasota County - South Siesta Beach Re -nourishment Funding 2016 $1,000,000 - Hernando County for the Airport $125,000 - City of Brooksville Liberty Street Water Project $2.5 million - Pasco Hernando State College - STEM Stackable Credentials $5.5 million - Pasco Hernando State College Performing Arts Center $300,000 - Pasco County - AmSkills $250,000 - Feeding Pasco's Elderly $35 Million - SHIP — Funding increased by Increase (Florida Association of Local Financing Authorities) 2017 $5.5 million - Pasco Hernando State College Performing Arts Center (part 2) 2018 $1,200,000 - Hernando County Fire Station $1,300,000 - Hernando County Government Cyril Drive Bypass Roadway Creation Project $260,000 - Hernando County Government Calienta Street Stormwater and Roadway Improvement Project $323,150 - City of Brooksville Fire Department Renovation $500,000 - Florida Association of Local Housing Finance Authorities Catalyst Funding $6,000,000 - Florida Behavioral Health Association, Medicated Assisted -Treatment 2019 $1,000,000 - *Hernando County School District School Hardening $500,000 - Florida Association of Local Housing Finance Authorities Catalyst Funding $3,000,000 - Hernando County Airport Water Reclamation and Facility Expansion $1,000,000 - Hernando County Government Airport Runway 27 Extension $3,000,000 - Manatee County School District Mechanic School/Airline Maintenance Hangers $2,500,000 - Pasco Hernando State College STEM Funding $250,000 - Youth and Family Alternatives Repairs for Youth Shelters $325,000 - City of Brooksville Replacement of Firetruck & Equipment City of Cape Canaveral Legislative Representative SUNRISE CONSULTING GROUP The City of DeBary Firm Funding Accomplishments — Continued 2020 $900,000- Hernando County Government — - $150,000 - Glen Water Reclamation Facility City of Brooksville Cascades Reuse $2,306,271 - Pasco -Hernando State College STEM Stackable $2,000,000 - Manatee Schools Law Enforcement Training Ground 2021 $360,000 - Brooksville Sewer Rehab Phase IV, $387,500 - Stormwater Quality Improvements, $175,000- Lamar Water Drinking Plant $200,000 - American Legion Aux Boys & Girls $3,218,808 - Pasco County Government Lindrick Sewer & Water Quality, $6,500,000 Handcart Road Water & Wastewater, $200,000 - Ackerman Street Drainage $9,350,000 - Hernando Schools CTE Building, $350,000- CTE Criminal Justice Programs, $5,000,000 - PHSC Operational Enhancement (Base Recurring), $1,000,000 Operational Enhancement (Non -Recurring), $25,000,000 East Campus Student Success Center, $2,306,206 STEM Stackable $36,098,000 - Bradford School District Construction of a Middle School $950,000 - Manatee Schools WOZ U $300,000 - City of Palm Bay Nutrient Baffle Boxes 2022 $2,900,000 - Hernando County Government for an airport Multi -Modal project $2,000,000 - Hernando County Government for airport runway expansion $1,200,00 - City of Palm Bay for baffle boxes (water project) $16,657,226 - Bradford School District for the construction of a k-7 school $5,400,000 - Pasco -Hernando State College for construction of a fire academy $7,500,000 - Pasco Hernando State College annual recurring increase in operational dollars $750,000 - City of DeBary Stormwater infrastructure, Volusia Blue and Gemini Springshed $1,250,000 - City of DeBary for fire station construction $2,500,000 - Hernando School District for a career and technical education facility $200,000 - American Legion Auxiliary Boys & Girls State $25,000,000 - Palm Beach State College dental & medical tech building $5,500,000 - Manatee School District aviation maintenance technical school at SRQ airport $5,919,395 - Pasco County Government Lacoochee Industrial Area right-of-way improvements $750,000 - City of Brooksville— to relocate water mains, pave streets and install street lighting, fire hydrants, and repair sidewalks. (federal money) Hernando County - Hernando County ($750,000) — to rehabilitate or replace homes of 11 low- to moderate -income households. (federal money) Pasco -Hernando Lighthouse for the Visually Impaired and Blind — 562,000 (federal funds) City of Cape Canaveral Legislative Representative SUNRISE CONSULTING GROUP The City of Pensacola Firm Funding Accomplishments — Continued 2023 Hernando County- $500,000 Hernando Beach Wastewater Resiliency Project Hernando County- $250,000 Veteran's Memorial Monument City of Inverness — $1,000,000 Whispering Pines Park Entrance City of Palm Bay-$2,100,000 Palm Bay Septic -to Sewer conversion City of Palm Bay-$1,500,000 St. Johns Heritage Parkway Widening City of Palm Bay-$1,250,000 Gun Range Improvements Manatee School-$2,000,000 Guy Harvey Academy of A&S, Manatee County (Anna Marie ES) Palm Beach State College-$3,000,000 Emergency Response Training Center American Legion Aux-$100,000 Florida State University Boys and Girls State Pasco County-$2,000,000 Cypress Creek Road and Pkwy Blvd. Sidewalks Save Crystal River-$2,000,000 Kings Bay Restoration Project Homosassa River Alliance-$4,000,000 Homosassa River Restoration Project Lifestream-$2,000,000 Citrus County Baker Act Facility Capital Outlay Citrus School District-$308,500 Citrus High Construction Academy Citrus County-$9,000,000 Inverness Airport Business Park Phase 2 Citrus County-$2,300,000 Hall River Multi -use Path PHSC-$11,000,000 West Campus A-E Building Reno (PECO) PHSC-$2.3 million recurring in Proviso -STEM Stackable Reauthorization City of Palm Bay-$150,000 Sacrifice Park Public Safety Memorial Improvements $150,000 - AmSkillsYouth Bootcamps- Manufacturing and Public Works $3,981,000 - Citrus County SWRWRF Reclaim project. $1,500,000 - Lifestream in senate sprinkle, Baker Act receiving Facility Operations $250,000 - KANE CenterCouncil on Aging -Martin County lndiantown Senior Resource $500,000- Citrus Fair. City of Cape Canaveral Legislative Representative SUNRISE CONSULTING GROUP SERVICES AND PERFORMANCE AGREEMENT THIS Services and Performance Agreement ("Agreement") is entered into as of the date last signed below between Sunrise Consulting Group ("SCG"), of 5957 Riviera Lane, New Port Richey, Florida 34655; and the City of Cape Canaveral, Florida ("City"), a political subdivision of the State of Florida, of 100 Polk Avenue, Cape Canaveral FL 32920. WHEREAS, the City is engaging the consulting services of SCG as further described herein. ACCORDINGLY, the parties agree: 1. Engagement Period. The City hereby engages SCG for state government consulting services for a period of 12 months (the "Engagement Period") commencing on October 1st, 2023, and expires on September 30t', 2024. Thereafter, the Agreement may be renewed for successive periods upon written agreement of the parties. 2. Performance of Duties. SCG's duties will include, but are not limited to, the following: • Providing comprehensive state government consultation services of a lobbyist and assisting in the creation of, and advocacy for, the legislative and regulatory priorities of the City. • Assisting the City in creating and evaluating priorities and strategies for the successful advocacy of the City's positions. • Identifying the key issues and challenges the City encounters, and assisting in creating strategies to address issues and challenges. • Devising an advocacy strategy tailored for the City's unique issues. • Keeping the City's executive staff and elected leadership apprised of all pending legislative bills that relate to the priorities of the City. • Working to draft, file, and advocate for legislation on behalf of the City. • Coordinating meetings for the City with legislators, legislative staff, and relevant executive branch decision makers. • Supporting the City's executive staff and elected leadership during internal meetings, as needed. • Tracking legislation and budgetary items that are important to the City. • Provide the City with a report for each week of Florida's legislative session with items relevant to the City's advocacy goals. Communication: SCG will be available to meet with the City, in person, at least annually. SCG will also use email, zoom, telephone, or additional in -person meetings to communicate with the City. SCG may ask to schedule a zoom meeting or a conference call as information becomes available or develops regarding updated information on any impacts concerning the City. SCG shall promptly communicate with the City when important information becomes available. Commitments. SCG will not make, agree to, or execute any agreements or commitments on behalf of the City without the prior consent of the City. (1) SUNRISE CONSULTING GROUP 3. Compensation. SCG shall receive the following during the Engagement Period: a) Retainer: SCG's compensation for the agreement period commencing on October 1st, 2023, and expiring at midnight on October Pt, 2024, will be $3,500 USD per calendar month. The date in which this agreement becomes effective or terminates, there shall be an appropriate proration of the monthly fee on the basis of the number of days that the agreement is in effect during such month. b) Payment: SCG shall send an invoice on the first day of each month. Invoices shall be emailed to the contact provided by the City. Payment shall be made by the City no later than thirty days upon receipt. All payments shall be remitted to Sunrise Consulting Group at 5957 Riviera Lane, New Port Richey, Florida 34655. c) Monthly Costs: Out-of-pocket costs directly attributable to the performance of this work may be billed in addition to the retainer. These costs may include travel and other expenses incurred on behalf of the City. No monthly costs in addition to the retainer payment provided for in 3(a) will be invoiced without the City's prior written approval. 4. Representations and Warranties. SCG represents and warrants the following: a) Direct Conflict with Other Clients: SCG shall not retain a client during our engagement period that has a direct adversarial conflict of interest with the priorities of the City. At the execution of this Agreement, SCG warrants that it does not have any clients that have a conflict of interest with the City. b) Compliance with Law: SCG shall at all times comply with applicable laws and regulations in the performance of its duties, including but not limited to laws related to state lobbyist registration. 5. Confidentiality. During and after the Engagement Period, (i) SCG shall not divulge, directly or indirectly, any secret or confidential information or knowledge (whether oral, written or electronic) pertaining to the business of the City, or its subsidiaries, obtained by SCG while engaged by the City and (ii) shall use such information or knowledge solely for the representation of the City in SCG's performance of services under this Agreement. Upon the conclusion of the engagement, if requested by the City, SCG shall return to the City all documents provided by the City to SCG. 6. Cancellation. Either party may terminate this Agreement for convenience upon 30 days' notice to the party. 7. Modification. No provision of this Agreement can be modified or amended, waived, or discharged unless such modification or amendment, waiver, or discharge is agreed to in writing by both parties. Parties may renegotiate the terms of SCG's engagement at any time, but changes must be in writing, attached to the Agreement, and signed by both parties. (2) SUNRISE CONSULTING GROUP 8. Assignment. No party may assign its rights without the written consent of the other party except that the City may assign this Agreement to any successor to the City's stock, business, or assets. The non -assigning party will not unreasonably withhold consent. 9. Disputes. This agreement shall be construed and governed in accordance with the laws of the State of Florida. Venue for any dispute arising her from shall be in the appropriate state court in Leon County, Florida. 10. Delegation. No party may delegate its performance without the written consent of the other party. 11. Personnel. SCG will assign Andrew Kalel and Shawn Foster for the engagement provided herein. Staff in addition to Andrew Kalel and Shawn Foster may be assigned at SCG's discretion. There shall not be any substitution of personnel without the prior written consent of the City. 12. Time is of the Essence. Time is of the essence with respect to SCG'S performance of its services hereunder. 13. Notices. All required notices, requests, demands, and other communications shall be made in writing as necessary and shall be either personally delivered, mailed certified or registered mail (postage prepaid, return receipt requested), or sent via nationally recognized overnight delivery service, to either the City or SCG, as appropriate, at the addresses stated in hereinafter, and shall be deemed to have been given on the date of actual delivery. City: SCG: The City of Cape Canaveral, Florida. Attention: Todd Morley 100 Polk Ave Cape Canaveral, FL 32920 Sunrise Consulting Group Attention: Shawn Foster 5957 Riviera Lane New Port Richey, FL 34655 14. Entire Agreement. This Agreement reflects the entire understanding between the parties. Any written, printed, or other materials which the City provides to SCG that are not incorporated in this Agreement do not constitute a term or condition of this Agreement. [SIGNATURES APPEAR ON FOLLOWING PAGE] (3) SUNRISE CONSULTING GROUP IN WITNESS THEREOF, the parties hereto have executed this Agreement of as the date written above. The City of Cape Canaveral, Florida. By: Name: Todd Morley DATE (Signature) PRESIDENT Title: City Manager Sunrise Consulting Group Sepember 11th, 2023 DATE (4) CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • WEDNESDAY, SEPTEMBER 20, 2023 AGENDA ITEM SUMMARY • ITEM # 14 Subject: Request that City Council direct Staff to research and pursue an agreement with Brevard County to allocate some or all existing Transportation Impact fees toward furthering the City's transportation safety improvement goals. Department: City Council Summary: In the past the City of Cape Canaveral has entered into interlocal agreements with Brevard County regarding the Transportation Impact Fees collected from development projects within the City of Cape Canaveral. These fees have been utilized for specified City Streetscape projects such as West Central Blvd. and the upcoming Thurm Blvd. project that were and are certainly needed. Brevard County holds $131,654.90 in currently unobligated County Transportation Impact Fees collected from development projects in the City of Cape Canaveral. This money is eligible to be spent anywhere within District 2. Since these funds were derived from development projects within the City of Cape Canaveral, I request that City Council direct Staff to research and pursue an agreement with Brevard County to allocate some or all of these existing Transportation Impact fees toward furthering the City's transportation safety improvement goals, including: • the City's Prioritized Improvement Projects, as specified in City Resolution 2023-02, along State Road (SR) A1A, including: o pedestrian safety improvements, o construction funding, o associated design costs, o right of way acquisition, and/or • other local road improvement projects. Submitting Council Member: Council Member Willis Attachments: None CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • WEDNESDAY, SEPTEMBER 20, 2023 AGENDA ITEM SUMMARY • ITEM # 15 Subject: Request that City Council reaffirm Resolution No. 2023-02 (modifying and updating the City's list of State Road A1A priorities), and provide direction to Staff to advocate for the advancement of the two new signalized pedestrian crosswalks at State Road (SR) A1A & Taylor Ave and SR A1A & Hayes Ave., to include the pursuit of any and all available funding options to accomplish their completion in the shortest term possible. Department: City Council Summary: After reviewing the Florida Department of Transportation (FDOT) Draft Pedestrian Study (Attachment 1) and their recommendations for pedestrian crossing installations, it is my opinion that these fall short of City Council's desired solutions for the safety of our residents and visitors. Further, the FDOT recommended pedestrian refuge islands may present an enticement for pedestrians to take unnecessary risks in crossing SR A1A against traffic. The City has long supported prioritized SR A1A safety improvements, including signalized pedestrian crossings along this corridor specifically at Taylor Ave. and Cape Shores/Hayes Ave. It is my request that City Council reaffirm Resolution No. 2023-02 (Attachment 2) and provide direction to Staff to advocate for the advancement of the two new signalized pedestrian crosswalks at SR A1A & Taylor Ave and SR A1A & Hayes Ave., to include the pursuit of any and all available funding options to accomplish their completion in the shortest term possible. Submitting Council Member: Council Member Willis Attachments: 1. Draft Pedestrian Study SR A1A from Taylor Avenue to Tyler Avenue/Riverside Drive 2. Resolution No. 2023-02 ATTACHMENT 1 Draft Pedestrian Study SR A1A from Taylor Avenue to Tyler Avenue/Riverside Drive BREVARD COUNTY SECTION 70080000 M I LEPOINT 1.807 to 1.918 Prepared for: The Florida Department of Transportation District 5 Traffic Operations 719 South Woodland Boulevard DeLand, Florida 32720 FDOT Continuing Services Contract for Traffic Engineering Financial Project No. 237974-1-32-18 Contract Number CA648 Work Order No. 111 Study 3 June 2023 The findings and recommendations provided in this document are provided for discussion purposes only. This document is not yet complete, and the process of acquiring relevant data is on -going. PROFESSIONAL ENGINEER CERTIFICATE I hereby certify that I am a registered engineer in the State of Florida practicing with Faller Davis & Associates, Inc. (Vendor No. 59-2594956), and that I have reviewed or approved the evaluation, findings, opinions, conclusions, or technical advice hereby reported for: PROJECT: Continuing Services Contract for Traffic Engineering FPID NO: 237974-1-32-18 REPORT: TWO 111, Study 3 - SR A1A from Taylor Avenue to Tyler Avenue/Riverside Drive Draft Pedestrian Study The attached pedestrian study contains depictions of existing field conditions, traffic volumes, collision data, operational observations, safety analysis, and recommendations for improvements for the above referenced project. I acknowledge that the procedures and references used to develop the conclusions contained in this document are standard to the professional practice of civil engineering as applied through professional judgment and experience. SIGNATURE: DATE: NAME: Benjamin M. Hargis P.E. NUMBER: 85423 PHONE: (407) 644-2116 Faller, Davis & Associates, Inc. 2301 Maitland Center Parkway, Suite 265 Maitland, Florida 32751 SR A1A from Taylor Avenue to Tyler Avenue/Riverside Drive FPN 237974-1-32-18, TWO 111, Study 3 Port Canaveral Challenge Rd Atlatnis Rd Laguna Ln Central Blvd W Mamma Dreelmr Banana River Park Manatee Sanctuary Park Villa Nova Dr Cape Canaveral SR A1A from Taylor Avenue to Tyler Avenue/Riverside Drive Pedestrian Study Limits N W E S Seaport Blvd Anchorage Ave Oak Ln Columbia Dr Church Ln Long Point Rd Central Blvd E Surf Dr Chandler St Caroline St William Banana Park Orange Ave • Adams Ave Ridgewood Ave Jefferson Ave Monroe Ave Jackson Ave Harrison Ave Magonila Ave Tyler Ave Polk Ave Taylor Ave Fillmore Ave Pierce Ave Buchanan Ave Lincoln Ave Johnson Ave Grant Ave Hayes Ave Poinsetta Ave Project Location Map 1 SR A1A from Taylor Avenue to Tyler Avenue/Riverside Drive FPN 237974-1-32-18, TWO 111, Study 3 Summary of Existing Conditions Feature Description Main Street • SR A1A Location • Taylor Avenue (MP 1.807) to Tyler Avenue/Riverside Drive (MP 1.918) Area Location • The study section is located in front of Cape Canaveral City Hall (Brevard County), approximately 1.8 miles north of SR 520 Surrounding Development • Residential, commercial, recreational, and City Hall Adjacent Signalized Intersections • • North Approach: Jackson Avenue, approximately 0.1 miles north of the study section South Approach: Buchanan Avenue/Center Street, approximately 0.2 miles south of the study section Typical Section • Four -lane roadway divided by a two-way left turn lane (TWLTL) with an open drainage system and sidewalks along both sides of the roadway Posted Speed Limit • 40 mph Functional Class • Urban Principal Arterial Context Class • C4 - Urban General Pedestrian Generators • City Hall, residences, recreation facilities, transit stops, and local businesses 2 SR A1A from Taylor Avenue to Tyler Avenue/Riverside Drive FPN 237974-1-32-18, TWO 111, Study 3 QUALITATIVE ASSESSMENT SR A1A from Taylor Avenue to Tyler Avenue/Riverside Drive was observed by a registered professional engineer during the peak period of pedestrian activity (1:45 to 4:15 PM) on Saturday, May 27, 2023. The roadway section was reviewed to assess existing operating conditions and to determine what, if any, modifications are needed to improve safety and efficiency for the traveling public. Request: FDOT has requested that the operation of pedestrian movements be reviewed to determine if a crosswalk should be installed in the study section. Operations: Operations include the efficiency of operation and interaction of motor vehicles, pedestrians, and bicycles at the intersection. Following are the observations relating to these factors: • A pedestrian/bicycle crossing count was performed on Saturday, May 6, 2023, from 10:00 AM to 6:00 PM. Pedestrian movements from approximately 100 feet south of Taylor Avenue to approximately 100 feet north of Tyler Avenue/Riverside Drive were recorded. o Ten (10) pedestrians (5 eastbound/5 westbound) and 4 bicyclists (2 eastbound/2 westbound) crossed SR A1A during the 8-hour count period. Ten (10) of the 14 crossings were near Tyler Avenue. o The peak hour of pedestrian/bicyclist crossings was 6 pedestrian crossings from 2:15 to 3:15 PM. • Traffic along the corridor is moderate with an Annual Average Daily Traffic (AADT) volume of 33,500 vpd (Florida Traffic Online 2022 count station 700135 - SR A1A, 0.019 miles north of Hendry Avenue). • Vehicles typically arrived into the study section in platoons from the adjacent traffic signals at Buchanon Avenue/Center Street (0.2 miles south) and Jackson Avenue (0.1 miles north). While gaps were not frequently available in both directions of travel simultaneously, the two-way left turn lane was typically used to complete the pedestrian crossings in 2 stages. Directional gaps in traffic of approximately 20 seconds were frequently available with less than 2 minutes of waiting. o The two-way left turn lane was not typically congested, and no issues were observed between vehicles and pedestrians in the two-way left turn lane. 3 SR A1A from Taylor Avenue to Tyler Avenue/Riverside Drive FPN 237974-1-32-18, TWO 111, Study 3 • Light pedestrian activity was observed during the field review. There were 10 pedestrian crossings (5 eastbound/5 westbound) during the 2.5-hour observation period. No bicyclist crossings were observed. o The crossing locations were evenly distributed along the study section. o Eight (8) of the 10 pedestrians crossing SR A1A paused in the two-way left turn lane to wait for a gap in traffic before completing the second stage of the crossing. These pauses did not exceed 30 seconds. • There are no marked pedestrian crossings within the immediate vicinity of the study section. However, there are signalized pedestrian crossings at the intersections of Buchanan Avenue/Center Street (0.2 miles south) and N Atlantic Avenue (0.2 miles north). • Northbound and southbound vehicles on SR A1A appeared to travel at the 40-mph posted speed limit. No excessive speeding was observed. • The lines of sight along SR A1A within the study section are unobstructed as the roadway alignment is straight and level. Safety: Vehicle, pedestrian, and bicycle safety at the intersection are assessed through review of crash reports, identification of significant crash trends, and field observations. Crash data was obtained from the University of Florida's Signal Four Analytics for SR A1A from Taylor Avenue to Tyler Avenue/Riverside Drive for the 36-month period ending December 31, 2022. The 7 crashes were comprised of 2 sideswipe collisions, 1 rear end collision, 1 left turn collision, 1 right turn collision, 1 head on collision, and 1 pedestrian collision. The collisions resulted in 4 injuries and no fatality. Two (2) crashes occurred during low -lighting conditions, and 1 of the crashes occurred on a wet road surface. • The pedestrian crash (5/20/2022) occurred when a pedestrian was crossing eastbound on SR A1A near Tyler Avenue/Riverside Drive and was struck by a westbound left -turning vehicle, resulting in an injury to the pedestrian. The crash report indicated the collision occurred in darkened, unlit conditions. • In addition to the crash data period, pedestrian/bicyclist-related crashes during the last 10 years were searched. The following relevant crashes were found: o A pedestrian collision resulting in a fatality occurred on February 17, 2023. A crash report was not available at the time of this draft report; however, a local news article states that the collision occurred while the pedestrian was crossing SR A1A near the Cape Canaveral City Hall. 4 SR A1A from Taylor Avenue to Tyler Avenue/Riverside Drive FPN 237974-1-32-18, TWO 111, Study 3 o A pedestrian fatality occurred on September 30, 2017 (HSMV #84434211). The pedestrian was crossing SR A1A moving westbound near Taylor Avenue and was struck by a southbound vehicle in the outside travel lane. A southbound motorist in the inside travel lane reportedly swerved to avoid the pedestrian a moment before the collision occurred. The crash report indicated the collision occurred during darkened conditions when the street lights were disabled by hurricane damage. A summary of the crash statistics is presented in the table below. Crash Statistics (1/1/20 to 12/31/22) 1/1/20 1/1/21 1/1/22 Average to to to per Collision Type 12/31/20 12/31/21 12/31/22 Total Year Sideswipe 0 0 2 2 0.7 Rear End 0 1 0 1 0.3 Left Turn 0 0 1 1 0.3 Right Turn 0 0 1 1 0.3 Head On 0 0 1 1 0.3 Pedestrian 0 0 1 1 0.3 Totals 0 1 6 7 2.3 Severity Number of Fatalities 0 0 0 0 0.0 Number of Irfuries 0 0 4 4 1.3 Road Surface Dry 0 0 6 6 2.0 Wet 0 1 0 1 0.3 Totals 0 1 6 7 2.3 Daylight 0 1 4 5 1.7 Dark - Lighted 0 0 1 1 0.3 Dark - Not Lighted 0 0 1 1 0.3 Totals 0 1 6 7 2.3 Contributing Cause Careless Driving 0 1 2 3 1.0 FTYRW 0 0 3 3 1.0 Swerved or Avoided Crash 0 0 1 1 0.3 Totals 0 1 6 7 2.3 Maintenance: In addition to observing operational and safety conditions, correctable maintenance items are also identified during the field review. No maintenance items were observed within the study section. 5 SR A1A from Taylor Avenue to Tyler Avenue/Riverside Drive FPN 237974-1-32-18, TWO 111, Study 3 PEDESTRIAN CROSSING ANALYSIS Potential pedestrian crossing treatments for the study section were assessed based on the requirements of Section 5.2 of the TEM. TEM Section 5.2.4 (6) Safety Considerations The following conditions should be satisfied for crosswalks: (a) Adequate stopping sight distance at marked crosswalk The stopping sight distance to a proposed crosswalk location within the study section will be unobstructed due to minimal horizontal and vertical curvature along SR A1A within the study section. (b) Illumination at crosswalk Some street lighting is currently provided within the study section; however, a lighting analysis would need to be performed to determine if any supplemental lighting is needed to meet FDM criteria for crosswalk lighting. (c) For a roadway with five (5) or more lanes, a refuge island or raised median to facilitate a two -stage crossing SR A1A is a four -lane roadway with a TWLTL. A median refuge would need to be constructed to provide a two -stage crossing. (d) Appropriate bus stop location to minimize conflicts with transit vehicles Space Coast Area Transit Route 9 has northbound and southbound bus stops in the vicinity of Tyler Avenue/Riverside Drive. The study location meets these criteria. TEM Section 5.2.5.1 Criteria for Marked Crosswalk (1) Proximity to significant generators and attractors The following attractors and generators are located near the study section: City Hall, residences, recreation facilities, bus stops, and local businesses. (2) Recommended Levels of Pedestrian Demand The pedestrian demand volume threshold does not need to be met since the context classification for the study corridor is C4 — Urban General. 6 SR A1A from Taylor Avenue to Tyler Avenue/Riverside Drive FPN 237974-1-32-18, TWO 111, Study 3 (3) Minimum Location Characteristics (a) A minimum vehicular volume of 2,000 Average Daily Traffic (ADT) along the roadway segment. According to Florida Traffic Online 2022 count data for count station 700135 - SR A1A, 0.019 miles north of Hendry Avenue), the Annual Average Daily Traffic is 33,500 vpd. (b) Minimum distance to nearest alternative crossing location is 300 feet per the FDM, Chapter 222, Pedestrian Facilities. There are no alternative crossing locations within 300 feet of the study section. (c) The proposed location must be outside the influence area of adjacent signalized intersections, including the limits of the auxiliary turn lanes. The adjacent traffic signals are at Jackson Avenue, approximately 0.1 miles north of the study section, and Buchanan Avenue/Center Street, approximately 0.2 miles south of the study. Queues from these traffic signals were not observed to extend near the study section. Based on the results of the pedestrian crossing analysis: • Though the study location meets the requirements of TEM 5.2.4 (6) and 5.2.5.1, pedestrian demand was low, and the field review indicated that pedestrian crossings are spread out through the study corridor. Since pedestrians were observed staging in the two-way left turn lane and there have been three fatal pedestrian crashes, pedestrian refuge islands should be installed south of Taylor Avenue and between Richie Avenue and Hitching Post Road. Additionally, W11-2 (Pedestrian) warning signs with flashing beacons and W16-3aP (Next 1/2 Mile) plaques should be installed just north of Buchanon Avenue/Center Street and just north of Harrison Avenue. • A marked pedestrian crossing is not recommended since a concentration of pedestrian crossings was not observed during the engineering review. • The installation of Rectangular Rapid Flashing Beacons (RRFB) or Pedestrian Hybrid Beacons (PHB) is not recommended since a marked pedestrian crossing is not being considered. 7 SR A1A from Taylor Avenue to Tyler Avenue/Riverside Drive FPN 237974-1-32-18, TWO 111, Study 3 RECOMMENDATIONS Based on the traffic data, crash analysis, field observations, and engineering judgment, the following recommendations were developed: • A marked crosswalk is not recommended within the study section. • Pedestrian refuge islands should be installed south of Taylor Avenue and between Richie Avenue and Hitching Post Road. • W11-2 (Pedestrian) warning signs with flashing beacons and W16-3aP (Next 1/2 Mile) plaques should be installed just north of Buchanon Avenue/Center Street and just north of Harrison Avenue. 8 SR A1A from Taylor Avenue to Tyler Avenue/Riverside Drive FPN 237974-1-32-18, TWO 111, Study 3 SR A1A Typical Section Photographs Looking north along SR A1A Looking south along SR A1A 9 I-1 CONTROLLER CABINET O TRAFFIC SIGNAL POLE SIGNAL HEAD • SIGN \\ % a^r ci uDI4. N r Atlantic Ave >T ' • ` I I ICI LIB I TI (D ~I I 1J IS / DELINEATOR POWER POLE 0-0 LIGHT POLE PEDESTRIAN SIGNAL DITCH BOTTOM INLET FIRE HYDRANT MITERED END SECTION DRAINAGE INLET BIKE RACK FENCE GUARDRAIL PEDESTRAIN RAILING 6/7/2023 C,fi c • -4'01 -cI { 1- }I _ e.r DI4UDI+ N Atlantic Ave FALLER, DAVIS & ASSOCIATES, INC. 2301 MAITLAND CENTER PARKWAY SUITE 265 MAITLAND, FL 32751 CONDITION DIAGRAM CONTINUING SERVICES CONTRACT FOR TRAFFIC ENGINEERING PAGE NO. 10 b haggis 12:19:24 PM VAtpafile02VnetfolderV605.00 2019 D5 CSC Traffic Ops\Tll/0 111 - Klttleson SWA SR A]A Pedestrian studyADGNVCondition Diagram.dgn Ox FATAL 0 INJURY COLLISION NUMBER - REAR END - SIDESWIPE OUT OF CONTROL 1 ' BACKED INTO (-► RIGHT TURN HIT BIKE ANGLE N0 CRASHES REPORTED WITHIN THE STUDY SECTION FROM 1/1/2020 TO 12/31/2020 LEFT TURN OVERTURNED HEAD ON OTHER FIXED OBJECT HIT TREE HIT SIGN HIT UTILITY POLE HIT PEDESTRIAN FALLER, DAVIS & ASSOCIATES, INC. 2301 MAITLAND CENTER PARKWAY SUITE 265 MAITLAND, FL 32751 YEAR 1 (1 /1 /2020 - 12/31/2020) COLLISION DIAGRAM CONTINUING SERVICES CONTRACT FOR TRAFFIC ENGINEERING PAGE NO. 11 b haggis 6/7/2023 12:19'34 PM VAtpafile02VnetfolderV605. 00 2019 D5 CSC Traffic Ops\TVIO 111 Klttleson SWA SR A]A Pedestrian studyADGNVCollision Diagrams.dgn COLLISION SUMMARY Section: 70080000 State Road: SR A1A Roadway Segment: Taylor Avenue to Tyler Avenue/Riverside Drive County: Brevard Source Data: Signal Four Analytics Milepoints: 1.807- 1.918 Study Period: From 1/1/2020 To 12/31/2020 12 Months Alcohol/ Number of Number of No. HSMV No. Date Day of Week Time Drugs Lighting Roadway Surface Fatalities Injuries Harmful Event Contributing Cause No crashes reported within the study section from 1/1/2020 to 12/31/2020. SUMMARY Total Number of Total Number of Total Number of Alcohol/ Dark-Not Dark-Unknown Crashes Fatalities Injuries Drugs Daylight Dusk Dawn Dark-Lighted Lighted Lighting Dry Wet 0 0 0 0 0 0 0 0 0 0 0 0 100% N/A N/A 0% 0% 0% 0% 0% 0% 0% 0% 0% Rear End Sideswipe Angle Left Turn Right Turn Head On Pedestrian Bicycle Backed Into Animal Rollover Moveable Object 0 0 0 0 0 0 0 0 0 0 0 0 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% Fell/Jumped Impact from Motor Thrown or Falling Ran into Work Zone/Maint Atten/Crash Bridge Pier or Vehicle Object Railway Vehicle Parked Vehicle Water/Canal Equip Cushion Bridge OH Structure Support Bridge Rail Culvert Curb 0 0 0 0 0 0 0 0 0 0 0 0 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% Concrete Traffic Other Traffic Traffic Sign Traffic Signal Ditch Embankment Guardrail Face Guardrail End Cable Barrier Barrier Barrier Tree(standing) Utility/Light Pole Support Support Fence 0 0 0 0 0 0 0 0 0 0 0 0 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% Mailbox Other Fixed Object 0 0 0% 0% Unknown/Not No Contributing Careless Improper Followed too Drove too Fast Coded Action Driving FTYRW Backing Improper Turn Closely Ran Red Light for Conditions Ran Stop Sign Improper Passing Exceeded Posted Speed 0 0 0 0 0 0 0 0 0 0 0 0 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% Disregarded Over- Other Wrong Side or Failed to Keep in Ran off other Traffic Disregarded Correcting/Over- Swerved or Erratic or Aggressive Contributing Wrong Way Proper Lane Roadway Sign Road Markings Steering Avoided Crash Driving Action 0 0 0 0 0 0 0 0 0 0% 0% 0% 0% 0% 0% 0% 0% 0% 12 Ox FATAL 0 INJURY COLLISION NUMBER - REAR END - SIDESWIPE OUT OF CONTROL 1 ' BACKED INTO (-► RIGHT TURN HIT BIKE ANGLE LEFT TURN OVERTURNED HEAD ON OTHER FIXED OBJECT HIT TREE HIT SIGN HIT UTILITY POLE HIT PEDESTRIAN FALLER, DAVIS & ASSOCIATES, INC. 2301 MAITLAND CENTER PARKWAY SUITE 265 MAITLAND, FL 32751 YEAR 2 (1/1/2021 - 12/31/2021) COLLISION DIAGRAM CONTINUING SERVICES CONTRACT FOR TRAFFIC ENGINEERING PAGE NO. 13 b haggis 6/7/2023 12:19:49 PM VAtpafile02VnetfolderV605. 00 2019 D5 CSC Traffic Ops\TVIO 111 Klttleson SWA SR A]A Pedestrian studyADGNVCollision Diagrams.dgn COLLISION SUMMARY Section: 70080000 State Road: SR A1A Roadway Segment: Taylor Avenue to Tyler Avenue/Riverside Drive County: Brevard Source Data: Signal Four Analytics Milepoints: 1.807- 1.918 Study Period: From 1/1/2021 To 12/31/2021 12 Months Alcohol/ Number of Number of N HSMV No. Date Day of Week Time _ Drugs Lighting Roadway Surface Fatalities Injuries Harmful Event Contributing Cause 1 24130493 06/30/21 Wednesday 16:01 N Daylight Wet 0 0 Rear End Careless Driving SUMMARY Total Number of Total Number of Total Number of Alcoho Dark-Not Dark-Unknown Crashes Fatalities Injuries Drugs Daylight Dusk Dawn Dark-Lighted Lighted Lighting Dry Wet 1 0 0 0 1 0 0 0 0 0 0 1 100% N/A N/A 0% 100% 0% 0% 0% 0% 0% 0% 100% Rear End Sideswipe Angle Left Turn Right Turn Head On Pedestrian Bicycle Backed Into Animal Rollover Moveable Object 1 0 0 0 0 0 0 0 0 0 0 0 100% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% Fell/Jumped Impact from Motor Thrown or Falling Ran into Work Zone/Maint Atten/Crash Bridge Pier or Vehicle Object Railway Vehicle Parked Vehicle Water/Canal Equip Cushion Bridge OH Structure Support Bridge Rail Culvert Curb 0 0 0 0 0 0 0 0 0 0 0 0 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% Concrete Traffic Other Traffic Traffic Sign Traffic Signal Ditch Embankment Guardrail Face Guardrail End Cable Barrier Barrier Barrier Tree(standing) Utility/Light Pole Support Support Fence 0 0 0 0 0 0 0 0 0 0 0 0 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% Mailbox Other Fixed Object 0 0 0% 0% Unknown/Not No Contributing Careless Improper Followed too Drove too Fast Coded Action Driving FTYRW Backing Improper Turn Closely Ran Red Light for Conditions Ran Stop Sign Improper Passing Exceeded Posted Speed 0 0 1 0 0 0 0 0 0 0 0 0 0% 0% 100% 0% 0% 0% 0% 0% 0% 0% 0% 0% Disregarded Over- Other Wrong Side or Failed to Keep in Ran off other Traffic Disregarded Correcting/Over- Swerved or Erratic or Aggressive Contributing Wrong Way Proper Lane Roadway Sign Road Markings Steering Avoided Crash Driving Action 0 0 0 0 0 0 0 0 0 0% 0% 0% 0% 0% 0% 0% 0% 0% 14 Ox FATAL 0 INJURY COLLISION NUMBER - REAR END - SIDESWIPE OUT OF CONTROL 1 ' BACKED INTO ► RIGHT TURN HIT BIKE ANGLE LEFT TURN OVERTURNED HEAD ON OTHER FIXED OBJECT HIT TREE HIT SIGN HIT UTILITY POLE HIT PEDESTRIAN FALLER, DAVIS & ASSOCIATES, INC. 2301 MAITLAND CENTER PARKWAY SUITE 265 MAITLAND, FL 32751 YEAR 3 (1 /1 /2022 - 12/31/2022) COLLISION DIAGRAM CONTINUING SERVICES CONTRACT FOR TRAFFIC ENGINEERING PAGE NO. 15 b haggis 6/7/2023 12:20:01 PM VAtpafile02VnetfolderV605.00 2019 D5 CSC Traffic Ops\TVIO 111 Klttleson S1NA SR A]A Pedestrian studyADGNVCollision Diagrams.dgn COLLISION SUMMARY Section: 70080000 State Road: SR A1A Roadway Segment: Taylor Avenue to Tyler Avenue/Riverside Drive County: Brevard Source Data: Signal Four Analytics Milepoints: 1.807- 1.918 Study Period: From 1/1/2022 To 12/31/2022 12 Months Alcohol/ Number of Number of No. HSMV No. Date Day of Week Time Drugs Lighting Roadway Surface Fatalities Injuries Harmful Event Contributing Cause 1 24130801 01/05/22 Wednesday 15:43 N Daylight Dry 0 0 Right Turn FTYRW 2 24130965 04/29/22 Friday 20:20 N Dark- Dry 0 1 Head On Swerved or Avoided Lighted Crash 3 24131019 05/20/22 Friday 20:02 N Dark-Not Dry 0 1 Pedestrian FTYRW Lighted 4 24597632 07/24/22 Sunday 19:40 Y Daylight Dry 0 1 Sideswipe Careless Driving 5 24597667 08/26/22 Friday 8:46 N Daylight Dry 0 0 Sideswipe Careless Driving 6 24597675 08/31/22 Wednesday 6:46 N Daylight Dry 0 1 Left Turn FTYRW 16 COLLISION SUMMARY Section: 70080000 State Road: SR A1A Roadway Segment: Taylor Avenue to Tyler Avenue/Riverside Drive County: Brevard Source Data: Signal Four Analytics Milepoints: 1.807- 1.918 Study Period: From 1/1/2022 To 12/31/2022 12 Months SUMMARY Total Number of Total Number of Total Number of Alcohol/ Dark-Not Dark-Unknown Crashes Fatalities Injuries Drugs Daylight Dusk Dawn Dark-Lighted Lighted Lighting Dry Wet 6 0 4 1 4 0 0 1 1 0 6 0 100% N/A N/A 17% 67% 0% 0% 17% 17% 0% 100% 0% Rear End Sideswipe Angle Left Turn Right Turn Head On Pedestrian Bicycle Backed Into Animal Rollover Moveable Object 0 2 0 1 1 1 1 0 0 0 0 0 0% 33% 0% 17% 17% 17% 17% 0% 0% 0% 0% 0% Fell/Jumped Impact from Motor Thrown or Falling Ran into Work Zone/Maint Atten/Crash Bridge Pier or Vehicle Object Railway Vehicle Parked Vehicle Water/Canal Equip Cushion Bridge OH Structure Support Bridge Rail Culvert Curb 0 0 0 0 0 0 0 0 0 0 0 0 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% ConcreteTraffic Other Traffic Traffic Sign Traffic Signal Ditch Embankment Guardrail Face Guardrail End Cable Barrier Barrier Barrier Tree(standing) Utility/Light Pole Support Support Fence 0 0 0 0 0 0 0 0 0 0 0 0 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% Mailbox Other Fixed Object 0 0 0% 0% Unknown/Not No Contributing Careless Improper Followed too Drove too Fast Coded Action Driving FTYRW Backing Improper Turn Closely Ran Red Light for Conditions Ran Stop Sign Improper Passing Exceeded Posted Speed 0 0 2 3 0 0 0 0 0 0 0 0 0% 0% 33% 50% 0% 0% 0% 0% 0% 0% 0% 0% Disregarded Over- Other Wrong Side or Failed to Keep in Ran off other Traffic Disregarded Correcting/Over- Swerved or Erratic or Aggressive Contributing Wrong Way Proper Lane Roadway Sign Road Markings Steering Avoided Crash Driving Action 0 0 0 0 0 0 1 0 0 0% 0% 0% 0% 0% 0% 17% 0% 0% 17 I-1 CONTROLLER CABINET O TRAFFIC SIGNAL POLE SIGNAL HEAD • SIGN PLACE W11-2 (PEDESTRIAN) WARNING SIGN WITH FLASHING BEACON AND W16-3aP (NEXT 1/2 MILE) PLAQUE JUST NORTH OFF BUCHANON AVENUE/CENTER STREET IVERIFY NO CONFLICTING SIGNING) DELINEATOR POWER POLE o- - LIGHT POLE PEDESTRIAN • SIGNAL DITCH BOTTOM INLET FIRE HYDRANT MITERED END SECTION DRAINAGE INLET BIKE RACK FENCE GUARDRAIL PEDESTRAIN RAILING 6/7/2023 .34 -- .PLACE WII-2 (PEDESTRIAN) WARNING SIGN WITH FLASHING BEACON AND W16-3aP (NEXT 1/2 MILE) PLAQUE JUST NORTH OF HARRISON AVENUE VERIFY NO CONFLICTING 1 SIGN )F INSTALL PEDESTRIAN REFUGE ISLANDS IN EXISTING TWO-WAY LEFT TURN LANE FALLER, DAVIS & ASSOCIATES, INC. 2301 MAITLAND CENTER PARKWAY SUITE 265 MAITLAND, FL 32751 CONCEPTUAL IMPROVEMENT DIAGRAM CONTINUING SERVICES CONTRACT FOR TRAFFIC ENGINEERING PAGE NO. 18 b haggis 4.00:35 PM VAtpafile02VnetfolderV605. 00 2019 D5 CSC Traffic Ops\TVIO 111 Klttleson S1NA SR AIA Pedestrian studyADGNVConce ptual Diagram. dgn Appendix Weekend Pedestrain/Bicycle Movement Summary: SR A1A between Taylor Avenue to Tyler Avenue/Riverside Drive Main Road: SR A1A Section: 70080000 Segment Limit: MP 1.807 to MP 1.918 Count Date: May 6th, 2023 County: Brevard Observer: FDA Count Periods: 10:00 AM to 6:00 PM Weather: Light rain from 11:26 AM to 12:10 PM .. Start Time FLORIDA DEPARTMENT OF TRANSPORTATION TRANSPORTATION STATISTICS OFFICE 2022 HISTORICAL AADT REPORT COUNTY: 70 - BREVARD SITE: 0135 - ON A1A, 0.019 MI. N OF HENDRY AVE (UVL) HPMS YEAR AADT DIRECTION 1 DIRECTION 2 *K FACTOR D FACTOR T FACTOR 2022 33500 F N 16500 S 17000 9.00 53. 90 4.20 2021 33500 C N 16500 S 17000 9.00 54.30 4.20 2020 33500 F N 15500 S 18000 9.00 55.00 11.10 2019 34500 C N 16000 S 18500 9.00 54.70 11.10 2018 28500 C N 16000 S 12500 9.00 54.10 5.00 2017 30500 F N 13500 S 17000 9.00 54.30 15.70 2016 29000 C N 13000 S 16000 9.00 53.40 15.70 2015 29000 C N 16000 S 13000 9.00 53.80 5.10 2014 30000 C N 15500 S 14500 9.00 53.80 3.60 2013 31000 C N 16500 S 14500 9.00 54.20 5.90 2012 35500 C N 18500 S 17000 9.00 53. 60 3.80 2011 33000 C N 17000 S 16000 9.00 54.30 4.20 2010 35500 C N 18000 S 17500 10.91 56.02 3.40 2009 33500 C N 17000 S 16500 11.80 61.02 3.50 2008 42000 C N 21500 S 20500 11.37 57.79 3.70 2007 37000 C N 19000 S 18000 9.20 54.21 3.70 AADT FLAGS: C = COMPUTED; E = MANUAL ESTIMATE; F = FIRST YEAR ESTIMATE S = SECOND YEAR ESTIMATE; T = THIRD YEAR ESTIMATE; R = FOURTH YEAR ESTIMATE V = FIFTH YEAR ESTIMATE; 6 = SIXTH YEAR ESTIMATE; X = UNKNOWN *K FACTOR: STARTING WITH YEAR 2011 IS STANDARDK, PRIOR YEARS ARE K30 VALUES ATTACHMENT 2 RESOLUTION NO. 2023-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; MODIFYING AND UPDATING THE CITY'S LIST OF STATE ROAD A1A IMPROVEMENT PRIORITIES; REQUESTING THE FLORIDA DEPARTMENT OF TRANSPORTATION PROVIDE AN UPDATED TRAFFIC STUDY FOR THE PORTION OF STATE ROAD A1A LOCATED WITHIN THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation ("FDOT"), the Space Coast Transportation Planning Organization ("SCTPO") and the A1A Action Team, which consists of a group of organizations, businesses and residents along the State Road (SR) A1A Corridor, seek to address multimodal transportation along SR A1A from the Pineda Causeway (SR 404) to SR 528 in the City of Cape Canaveral; and WHEREAS, a recent widely published report titled Dangerous by Design (2019) by Smart Growth America ("Report") ranked the Space Coast Area as the third most dangerous metro area for pedestrians in the United States; and WHEREAS, the findings contained in the Report provide that policies and funding mechanisms that have been in place for decades have created designs that make streets more unsafe because such policies and funding mechanisms continue to prioritize moving vehicles quickly and efficiently over public safety for all people especially pedestrians, bicyclists and other users of multimodal transportation options; and WHEREAS, the City Council continues to strongly emphasize, as a matter of local policy, that bicycle, multimodal and pedestrian safety/connectivity throughout the SR A1A corridor be given more consideration and emphasis to address the public safety needs of all people required to use SR A1A for transportation and connectivity within the City of Cape Canaveral; and WHEREAS, based on public concerns and experience expressed to the City over the years, the City Council believes that any future designs for SR A1A improvements must encourage safer, slower driving speeds to improve public safety on SR A1A; and WHEREAS, the City Council desires to transform SR A1A into a safe, more resilient, and efficient multimodal corridor that connects and supports the economic viability of the City of Cape Canaveral and is also aesthetically pleasing while providing a sense of community through innovation, design, safety and connectivity; and WHEREAS, the City Council intends to streamline development of feasible improvement strategies to address locally identified transportation, community planning and urban design issues such as corridor beautification, way -finding signage, undergrounding of utilities, traffic calming devices, pedestrian and bicycle facility enhancements, improved transit service, intersection improvements and other infrastructure improvements; and City of Cape Canaveral Resolution 2023-02 Page 1 of 3 WHEREAS, the City Council desires to promote the safety, efficiency, innovation, design, connectivity and aesthetics of the SR A1A corridor and has prioritized the City's desired improvements related to that portion of the SR A1A corridor located within the City; and WHEREAS, on July 15th, 2014 the City Council approved Resolution No. 2014-22 approving the City's initial list of SR A1A Improvement Priorities, and said list was modified and updated by Resolution No. 2015-06 which was approved by the City Council on May 19, 2015, by Resolution No. 2018-01 which was approved by the City Council on February 20, 2018, and again by Resolution No. 2019-01 on March 19, 201, and again by Resolution 2022-16 on August 16, 2022; and WHEREAS, the City Council recognizes that circumstances continue to change since the City last updated its list of SR A1A Improvement Priorities, and therefore, the City Council desires to modify and update its list of SR A1A Improvement Priorities; and WHEREAS, the City Council also desires to emphasize that based on extensive public input, the City Council does not support a roundabout at the intersection SR A1A and International Drive, and supports the construction of raised medians from George King Boulevard to International Drive for purposes of improving safe vehicular access management along SR A1A; and WHEREAS, particularly, the City Council is aware of an increase in City-wide bicycle ridership and pedestrian activity that requires the City to continue to promote and prioritize safe and attractive bicycle and pedestrian crossings and amenities along SR A1A; and WHEREAS, the City Council is also aware of current and on -going positive growth projections for the Space Industry, Port Canaveral, and tourism within the Cape Canaveral area and this projected positive growth requires that the City Council promote and prioritize safety enhancements to SR A1A consistent with the City's ongoing branding initiative and strategic vision for the Cape Canaveral Community; and WHEREAS, the City Council acknowledges and appreciates that efforts are currently being made by FDOT and SCTPO on the Long Point Road -to -George King Boulevard Curb and Gutter Design Project and the International Drive Realignment Design Project which should provide some local improvement consistent with the concerns and priorities expressed by the City Council in this Resolution; and WHEREAS, in order to manage the positive growth projections anticipated within the City of Cape Canaveral and surrounding area, the City Council desires FDOT to provide an updated traffic study for that portion of the SR A1A corridor located within the City of Cape Canaveral, where such traffic study accounts for the increase in bicycle ridership and pedestrian activity, on- going growth projections for the Space Industry/Port Canaveral/tourism including seasonal variations to be used to plan and guide future development projects within the City. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida: Section 1. Recitals. The foregoing recitals contained in the preamble to this Resolution are incorporated by reference herein. City of Cape Canaveral Resolution 2023-02 Page 2 of 3 Section 2. Approval of SR A1A Priorities. The City Council of the City of Cape Canaveral hereby approves a modified list of the City's priorities for improvements to that portion of SR A1A within the City of Cape Canaveral, as attached hereto and incorporated herein by reference as Exhibit "A". Section 3. Request for Updated Traffic Study. The City Council of the City of Cape Canaveral hereby requests FDOT coordinate with the City to periodically provide updated traffic study information for that segment of SR A1A located within the City of Cape Canaveral in order to provide meaningful data to be used in planning future SR A1A improvements, addressing bicycle ridership and pedestrian activities, safety and uses, on -going growth projections for the Space Industry/Port Canaveral/tourism including seasonal variations to be used to plan and guide future development projects within the City. Section 4. Repeal of Prior Inconsistent Resolutions. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED in a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, this 21 st day of February 2023. ATTEST: Mia Goforth, CMC, City Clerk: Approved as to legal form and sufficiency For the CiCape Canaveral only by: Wes Morrison, Mayor Name FOR AGAINST Kim Davis x Mickie Kellum second Wes Morrison x Angela Raymond x Don Willis Motion Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution 2023-02 Page 3 of 3 SEAL City of Cape Canaveral, Florida Exhibit "A" City of Cape Canaveral Prioritized SR A1A Improvements Resolution No. 2023-02 Public Safety Priority Items 1. Lower all speed limits to 35 m.p.h. 2. Public Safety Improvements: A. Additional crosswalks at existing signalized intersections: I. North side of the signalized intersection of W. Central Avenue and SR A1A. II. South side of the signalized intersection of Holman Road and SR A1A. (Completed). III. Where appropriate at the intersection of Jackson Avenue and SR A1A, considering. B. All existing crosswalks and intersections to be audible and signalized. C. New mid -block audible/signalized crosswalks with HAWK (High -intensity Activated crosswalk) beacons or PHB (Pedestrian Hybrid Beacons) at the following locations: I. Burger King/SCAT bus stop II. Columbia Drive III. Taylor Avenue IV. Cape Shores/East Hayes Avenue D. Urban roadway profile safety improvements: I. Installation of wider landscaped medians with managed turning movement areas; low landscaping in medians to maintain driver visibility, with higher landscaping along sidewalks/pedways. II. Installation of landscaping along SR A1A including, where appropriate, cluster landscape features. III. Where appropriate and with reasonable consideration, install low - maintenance, cost-effective, native, and/or non-invasive landscaping, including but not limited to Florida Friendly or Lagoon Friendly vegetation. IV. Installation of street furniture and decorative lighting (solar powered lighting where possible) and traffic signage. V. Construction of curb and gutter along both sides of roadway. This will require limited/as-necessary right-of-way acquisition funding for stormwater ponds and clipped corners at intersecting roadways. Consider bio-swales within landscaping plan for SR A1A; bio-swales will need to be located near existing storm drain inlets so stormwater overflow can enter system. VI. Construction of wide, buffered, shared paths with appropriate markings and stencils to delineate pedestrian vs bike usage, along both sides of SR A1A to more safely accommodate pedestrians and bicyclists; improve sidewalks along SR A1A in an ADA-compliant manner. VII. Construction of low -maintenance stormwater improvements near stormwater outfalls that address ponding and water quality, including pre-treatment for nitrogen and phosphorus. Stormwater gardens might be considered in historic ponding areas. VIII. Where appropriate and needed to improve pedestrian and bicycle safety, install native vegetation "islands," crosswalk striping including on side -streets feeding into SR A1A and other arterial roadways, traffic calming devices, and pedestrian/vehicle barriers. 3. Realignment of International Drive: The realignment of International Drive with North Atlantic Avenue on SR A1A will require right-of-way (ROW) acquisition funding and must address not only the roadway alignments, but also stormwater drainage (possible wet detention pond) and pedestrian/bike crossings. Include marked crosswalks on all sides of this intersection. The International Drive Realignment Project Design is currently funded and underway. 4. New mast arms and audible/signalized intersection at SR A1A and Thurm Boulevard: The installation of an audible/signalized intersection at Thurm Boulevard will require an aligned common driveway to be designed and constructed on the private property on the east side of SR A1A. (Signal warrant analysis currently underway/requested by nearby private property developers). 5. The remainder of SR A1A within the City of Cape Canaveral, from Long Point Road to the southern jurisdictional limits of the City of Cape Canaveral, and beyond, as appropriate, be advanced on the prioritized list of projects for curb and gutter improvements in order to provide for bicycle and pedestrian safety and while seamlessly transporting traffic through the City of Cape Canaveral and provide for the general aesthetic of a unified corridor. 6. Regarding FDOT's proposed preliminary designs for A1A improvements previously discussed and presented to the community, the City Council: I. Opposes the proposed roundabout at the intersection of International Drive, SR A1A, and N Atlantic Avenue. II. Supports Concept Design Alternative 2, to include vehicular access management in the form of medians along SR A1A from George King Blvd to International Drive. III. Requests reasonable design considerations for access management, accommodating access to northbound and southbound SR A1A lanes to Long Point Road and Cape Gardens road users. IV. Requests a signal warrant analysis for the intersection of SR A1A, Columbia Drive, and Church Lane. (Completed — signal not warranted). City Vision Priority Items 1. Reduction in overhead lines to include undergrounding of utilities and replacement of existing utility poles with decorative poles. There are over 100+ overhead wires crossing SR A1A in the City. Any reduction in these wires (without impacting existing services) would improve the aesthetics of the entire corridor. 2. Wayfinding signage. Authorize the City to install and maintain an appropriate number of effective and efficient decorative wayfinding signage (with landscaping) directing pedestrians to parks, police, fire and other City and government facilities that pedestrians commonly need to travel. 3. Beautification efforts. Authorize and support City -initiated beautification efforts along SR A1A and other state roadways and land within the City such as the City's Adopt-A- Median/Roadway Landscape Program and Art Utility Box Program. 4. Ensure that all SR A1A public safety and vision priorities are implemented in a manner that is not only functional, but aesthetically pleasing and consistent with the City's on- going branding and strategic planning efforts. A1A Tomorrow I Space for Everyone ROADWAY REDESIGN OPTIONS WITH TRAFFIC SIGNAL AT S.R.A1A/N.ATLANTIC AVE. PROJECT GOALS BASED ON THE CITY OF CAPE CANAVERAL'S RESOLUTION 100'Existing Right of Way SPEED LIMIT 45 5' Sidewalk Varies Drainage 4' Shoulder 10' Drive Lane 10' Drive Lane 10' TWLT 10' Drive Lane 10' Drive Lane 4' Shoulder Varies Drainage 5' Sidewalk SPEED LIMIT 35 Slower Speeds Better Pedestrian and Bicycling Facilities Increased Safe Crossings Opportunities Organized Vehicular Access to Destinations Current Conditions 100' Existing Right of Way SPEED LIMIT 40 5' Tie Down 1' 5' Sidewalk 5' Cycle Track 5' Buffer 2' 10' Drive Lane 10' Drive Lane 12' TWLT 10' Drive Lane 10' Drive Lane 2' 5' Buffer 5' Cycle Track 1' 5' Sidewalk 1' 5' Tie Down No Posted speed limit of 40 mph No horizontal curvature on the southern and means a 35 mph posted speed is not achievable Yes 5' separated cycle track for bicyclists 5' sidewalk for pedestrains Somewhat Midblock crossings with refuge islands and pedestrain hybrod beacons (PHB) No raised crosswalks No No corridor- wide access management Turning movements are only controlled at midlock crossings and spot traffic islands Somewhat Groundcover or small shrubs may be used in buffer and on spot traffic islands Curb & gutter adds to urban character No additional placemaking elements Yes Some right-way impacts Alterntive 1: 40 mph with Cycle Track, Two-Way Left Turn Lane, & Minor Landscaping Highlights: S.R. A1A remains a 5-lane cross section. Spot traffic islands and a separated cycle track for bicyclists are provided. $9.5M estimated construction costs. Alternative 1 can be retrofitted to Alternative 3 design in the future. 100' Existing Right of Way SPEED LIMIT 40 5.25' Tie Down 1' 9' Sidewalk 5' Buffer 2' 10' Drive Lane 10' Drive Lane 15.5' Median 10' Drive Lane 10' Drive Lane 2' 5' Buffer 9' Sidewalk 1' 5.25' Sidewalk No Posted speed limit of 40 mph No horizontal curvature on the southern and means a 35 mph posted speed is not achievable Somewhat No separation between bicyclists and pedestrians 9' wider sidewalk accommodates both bicyclists and pedestrians Somewhat Midblock crossings with refuge islands and pedestrian hybrid beacons (PHB) No raised crosswalks Yes Continous median provides corridor- wide controlled access 15.5' raised median width is the absolute minimum width possible to maintain safety at 40 mph Somewhat Groundcover or small shrubs may be used in buffer Small trees will be added to median Curb & gutter adds to urban character No additional placemaking elements Yes Some right-of-way impacts Alternative 2: 40 mph with Wide Sidewalk, Median, & Low-Level Landscaping Highlights: Continuous median provides organized vehicular access benefits and more landscaping opportunity, but no dedicated bicycle facility is provided. $13.2M estimated construction costs. Alternative 2 cannot be easily retrofitted to Alternative 3 design in the future. Midblock Crossing for Alternative 1 With no horizontal curvature on the southern end, the lowest target speed that Alternative 1 can achieve is 40 mph. Midblock crossings will not be raised and minimal landscaping will be placed in the spot traffic islands Midblock Crossing for Alternative 2 As with Alternative 1, the lowest target speed Alternative 2 can achieve is 40 mph. Midblock crossings will not be raised. Low-level landscaping (small trees) can be placed in the median with Alternative 2. Both roadway design alternatives utilize the highest level of feasible variations from FDOT design standards to achieve the best balance of providing multimodal features while maintaining safety for all modes - vehicles, pedestrians, and bicylists. maintain safety at placemaking CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • WEDNESDAY, SEPTEMBER 20, 2023 AGENDA ITEM SUMMARY • ITEM # 16 Subject: Discussion on Opening the Community center on Sundays Department: City Council Summary: Discuss the feasibility of opening the C5 on Sundays. This action would also address the splash pad being open on Sundays and remove the bathroom availability problems, as discussed at the June 20th meeting. In my discussion with Staff, it is estimated this can be accomplished by moving one Part -Time (PT) employee to Full -Time (FT). Additionally, Staff pointed out that they have received a large number of requests for the Nancy Hanson Recreational Center (NHRC) to be open on weekends (Saturdays and Sundays). Primarily, supporting weekend Pickleball with the availability of a bathroom facility and water fountain. In my discussion with Staff, it is estimated this can be accomplished by adding one FT employee. For both the C5 and the NHRC, it would require the addition of 1.5 Full -Time -Equivalent (FTE) employees. All of the following dollar amounts are preliminary estimates: • Expenses (Projections): o One FTE costs approximately $50,000 (with benefits). o To add C5 Sunday hours, would require moving one PT to FT and would cost approximately $25,000. o To add NHRC Saturday and Sunday hours, would require adding one FT employee and would cost approximately $50,000. o To add both the NHRC Sat/Sun and add C5 Sunday hours, would require adding 1.5 FTE and would cost approximately $75,000. • Revenue (Projections): o Current members would pay nothing additional to attend additional days at either facility. o Assuming 30 people attend the C5 on Sundays at the "Drop -In' rate, additional C5 revenue would be approximately $10,000/year. o Assuming 30 people attend the NHRC at the "Drop -In" rate on Saturdays and Sundays, additional NHRF revenue would be approximately $18,000/year. o Assuming we add both the C5 (Sundays) and the NHRC (Saturdays and Sundays), additional revenue would be approximately $28,000/year. Submitting Council Member: Council Member Kellum Attachments: None CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • WEDNESDAY, SEPTEMBER 20, 2023 AGENDA ITEM SUMMARY • ITEM # 17 Subject: Resolution No. 2022-28, Rules of Procedure and Code of Conduct regarding City Council meetings. Department: City Council Summary: Discuss the resolution regarding Rules of Procedures and Code of Conduct to ensure that all City Council members are adhering to the guidelines. This includes following guidelines to keep meetings shorter and more efficient, treating staff and other Council Members with respect, and holding each member accountable for their actions. Submitting Council Member: Council Member Davis Attachment: Resolution No. 2022-28 Exhibit "A" Resolution No. 2022-28 Exhibit A City of Cape Canaveral Rules of Procedure for Managing Shorter, Efficient/Effective Meetings 1. Know the Type and Purpose of the Meeting and be Prepared Council Meetings are Regular, Special and Workshop Meetings. Regular and Special Meetings are where business items are presented and acted upon efficiently, in a businesslike and orderly manner, following parliamentary guidelines with appropriate people in attendance. Regular Meetings require one -week prior Notice and Special Meetings require 24-hour Notice (excluding Emergency Meetings). Workshop Meetings are informal discussions about City business. However, parliamentary guidelines still apply. If, during discussion of any given topic at a Regular Meeting, it is determined that the topic could benefit from a workshop and/or reduce the length of time it would take in a Regular Meeting, the Council may make a Motion (or reach consensus) to stop discussion and schedule a Workshop Meeting at a future date. For convenience, City Council may opt to hold subsequent Workshop Meetings on the same day as a Regular Meeting. Workshop Meetings require 24-hour advance notice. All meetings are open to the public. Minutes are taken at each of these meetings. Staff Members such as the City Manager and City Attorney should attend Regular and Special Meetings. See Division 3. Meetings in the City Code. Application: Knowledge and preparation of the meeting topics is key in limiting discussion time. Although not a substitute for independent Council Member research and study, the City Manager helps to facilitate by meeting one-on-one with Council Members and is available to answer questions as needed. 2. Deviation from Set Agenda Time management is key to shorter effective/efficient meetings; holding each other accountable to reduce lengthy discussion is a responsibility of each Council Member. Unless the Council formally approves a critical, unscheduled add -on item, there should be no deviation from the Agenda. Times listed on the Agenda are a guideline, and therefore may change depending on the topic(s). The Consent Agenda is intended to handle a number of routine items as an efficiency. Pulling topics from Consent Agenda for minimal discussion can add time to the meeting. 1 Resolution No. 2022-28 Exhibit A Application: Purposefully use the "Approval of the Agenda" section at the beginning of each Regular City Council Meeting to approve or amend the agenda. Additionally, avoid pulling items from the Consent Agenda without productive intent. 3. Public Participation/Comment and Managing Large Attendance During the Public Participation portion of the City Council meeting agenda, Council should not feel compelled to respond to public comments and/or answer questions directed to them from the lectern. This is a "receive only" part of the Council Meeting. During Public Comment for all other applicable agenda items, Council may respond to public comments and/or answer questions directed to them from the lectern. Audience members must use the lectern microphone to speak, to ensure their voice is heard/recorded accurately in the minutes. The timer will be used to maintain efficiency. Application: The Mayor/Chair has the responsibility to acknowledge, facilitate, and manage public participation/comments. The following options are available for managing large attendance/number of comments: • Determine if multiple people share the same opinion and request that they delegate one representative to speak for their group at the lectern. • Request that speakers who share the same opinion as previous speakers not repeat comments, bringing new thoughts and ideas forward. The Mayor/Chair may request Council consensus to adjust the timer to accommodate for larger attendance/number of comments/topics. The Mayor/Chair has the ability to direct the muting of the lectern microphone if speaker continues to speak after allotted time expires. If a Council Member is aware that a larger than normal attendance is expected, please give Staff prior notice so they may: a) Plan for a larger number of speaker cards/pens/Agendas, etc. b) Adjust Staff seating/parking to accommodate for a larger number of attendees. c) Coordinate lobby AV equipment/technology for an overflow crowd. 4. Decisiveness After discussion, Council should provide clear, well -stated direction to move the item forward efficiently. 2 Resolution No. 2022-28 Exhibit A Application: Indecisiveness creates unclear direction, causes confusion, and can result in a negative financial impact (unnecessarily missed deadlines, redirection of Staff time and efforts). 5. Motions Motions should always be clear and concise. Look to the City Manager's recommendation section on the Agenda Cover for suggested wording. Application: Making a clear/concise motion ensures recording of consistent, accurate Minutes, which will help to make the Council's intentions clear for all in attendance as well as future readers of the City's official permanent record. 6. More Information Needed If Council finds that it cannot move further on an agenda item because of questions that cannot be answered at the time of the meeting and/or needs additional information before being able to vote on an Agenda Item, Council has two options: a) Move to request the item return to Council at a future meeting with more information/answers on the topic. Once the Motion carries, no further discussion on the topic should take place. b) Move to schedule a Workshop Meeting to discuss the topic. Once the Motion carries, no further discussion on the topic should take place. Application: If it becomes evident that an item cannot move any further during the current meeting, approve a Motion, using the appropriate course of action, and move on to the next item. At this point, there is no point in continuing any additional discussion. 7. Late -revealed Critical Information Council Members having knowledge of critical information (i.e. new, unexpected, unanticipated, and/or very important information) should make every effort to ensure this information is communicated to the City Manager well before the Council Meeting. Timely disclosure of critical information ensures the City Manager and/or Staff can evaluate the information, research the topic and advise others as needed prior to the meeting. Having prior knowledge also allows City Manager/Staff to invite subject experts to the meeting and be better prepared to discuss these topics with Council. When critical information is late -revealed during a Council meeting that should have been brought up beforehand with Staff, it can: 3 Resolution No. 2022-28 Exhibit A a) give the impression of not being transparent b) leave the City Manager unprepared to have an individual present to respond to late - revealed information c) delay responses to a future meeting d) leave the City Manager/Staff and Council at a disadvantage e) lead to Council and Staff feeling undermined f) erode Public Trust Application: Support full transparency and foster Public Trust by providing critical information prior to the meeting. This will ensure that: • the City Manager is prepared with appropriate answers, information, and appropriate individuals are present to respond at Council meetings • City Manager/Staff and Council are not undermined or placed at a disadvantage during a Public meeting 8. The Floor Proper decorum requires that Council Members respect the speaker who has the floor and allow them to speak their thoughts completely. Interruptions can cause the speaker to lose train of thought and repeat themselves in order to reinforce that their statement is heard. Application: A speaker who has been recognized by the Mayor/Chair should not be interrupted unless it is to invoke a point of order. 9. Discussions/Ending Discussions Council Members should be mindful and respectful of all in attendance and should avoid time- consuming and unproductive dialogue. Re -stating the same information, repeatedly, impairs the audience's level of engagement, may cause frustrated audience members to leave early and, at worst, can provoke disorderly behavior. Council Members are free to express their individual opinions and be persuasive, but without attempting to wear -down previously stated positions, as this behavior can be considered bullying, threatens decorum and extends the length of meetings. Robert's Rules of Order can be invoked to "Call the Question" during Council discussion/debate. When "Call the Question" is used to end discussion, it must be properly executed. Application: (from Roberts Rules of Order) "Any member who wishes to force an end to debate must first obtain the floor by being duly recognized to speak by the chair, and must then move the Previous Question. Such a motion must be seconded, and then adopted by a two-thirds vote (4 out of 5), or by unanimous consent. No further discussion on the topic is to take place." 4 Resolution No. 2022-28 Exhibit A 10. "Information Only" Topics Items located in the "Information Only" section of the Agenda are not for discussion. Application: Unless the agenda has been so amended under the "Approval of the Agenda" section, Council Members should refrain from dialogue on "Information Only" items. 11. Acceptance Individual current Council Members should accept actions taken by the Body. Council Members may disagree with those actions, past or present, but once a vote carries, it should be respected. Application: Although new ideas can emerge in time, formal decisions are final and further debate is unproductive. The concept equally applies to volunteer Advisory Boards. Council has the option to accept, modify or reject Board recommendations; however, Council should trust that the Boards have done their due diligence and accept their efforts. 5 ITEM # 18 City of Cape Canaveral John DeLeo, Administrative/Financial Director P.O. Box 326 Cape Canaveral, FL 32920 (321) 868-1230 (321) 868-1248 fax j.deleo@cityofcapecanaveral.org Memo TO: The Honorable Mayor and Members of the City Council VIA: Todd Morley, City Manager FROM: John DeLeo, Administrative/Financial Services Director DATE: August 21, 2023 RE: Monthly Financial Report —July 2023 Staff is pleased to present the Monthly Financial Report for the period ending July 31, 2023. At this point in the Fiscal Year, the Year -to -Date Actuals should be 83.3% of the total annual budget. Total General Fund Departmental costs are 14.4% below target. Administrative Services is running above target by 3.8%. Community Development/Code Enforcement/Economic Development is under target at 80.7%. Building Department is below target at 73.6%. Protective Services are over target by 8.7%. Fire Rescue is over target by 22.3%. Parks Recreation/Community Affairs is 19.9% below target. Non -Departmental expenditures are below budgetary projections by 49.8%. The Community Redevelopment Agency (CRA) has incurred $1,720,251 of expenses for the current Fiscal Year. Wastewater Fund overall costs are under target at 44.9%. The Stormwater Fund is under target cost at 17%. The City's General Fund investments total $9,013,976.12; Special Revenue investments total $405,033.95; and Enterprise Fund investments total $890,702.81. The Grand total of all investments is $10,309,712.88. 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 July 31, 2023 Revenue (10th month of fiscal year = 83%) Ad Valorem Tax To date, the City has received 101.3% 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 -May and an accrual for June and July. This revenue source is slightly above target at 88.6%. Franchise Fees, Utility Service Taxes and Communications Service Tax This amount represents some actuals for October -July and some accruals for June and July. These are above target at 85.8%. Permits and Licenses Permits and Licenses are below target at 81.7%. 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 82.1%. This amount represents some actuals for October -July, as well as some accruals for June and July. 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 -June and an accrual for July. These are above target at 102.7%. Recreation Fees (Leisure Services) Recreation Fees are below target at 67.3%. Investment Income Investment Income is above target at 989.5%. 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 -June and an accrual for July. It is right on target at 82.9%. Stormwater Utility Fees (Stormwater Fund) This amount represents actual collections for October -June and an accrual for July. It is on target at 83.7%. City of Cape Canaveral Statement of Revenues & Expenditures Period Ended July 31,2023 GENERAL FUND FY 2022-2023 JULY 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 2,222,000 1,173,623 52.8% 1,666,500 Cash Forward- R&R 898,500 0.0% 673,875 Ad Valorem Taxes 5,512,589 5,584,826 101.3% 4,134,442 Local Option Gas Tax 361,000 319,691 88.6% 270,750 Franchise Fees 949,066 814,022 85.8% 711,800 Utility Taxes 1,302,226 1,219,790 93.7% 976,670 Communications Service Tax 422,000 328,850 77.9% 316,500 Permits & Licenses 693,450 566,400 81.7% 520,088 State Grants 75,000 0.0% 56,250 ARPA Revenue 3,937,000 0.0% 2,952,750 State Shared Revenue 1,098,700 902,307 82.1% 824,025 Local Shared Revenue 127,601 127,601 100.0% 95,701 Charges for Services 30,818 33,419 108.4% 23,114 Garbage & Recycling Revenue 1,270,215 1,304,722 102.7% 952,661 Recreation Fees 300,300 202,084 67.3% 225,225 Fines & Forfeitures 12,600 12,327 97.8% 9,450 Interest Income 32,700 323,582 989.5% 24,525 Fire Hydrant Rental Fee 85,637 63,639 74.3% 64,228 Miscellaneous Revenue 40,750 62,362 153.0% 30,563 PAL Program Revenue 12,000 57,882 482.4% 9,000 Transfer from School Guard Crossing Fund 2,050 0.0% 1,538 Transfer from CRA Fund 814,947 1,088,811 1 33.6% 611,210 Contribution from Wastewater Fund 720,656 600,547 83.3% 540,492 Contribution from Stormwater Fund 19,566 16,305 83.3% 14,675 Loan Proceeds 250,000 0.0% 187,500 TOTAL REVENUES $ 21,191,371 $ 14,802,790 69.9% $ 15,893,528 EXPENDITURE Legislative 98,573 64,726 65.7% 73,930 Administrative Services 540,548 471,062 87.1% 405,411 Comm Dev/Code Enf/Econ Development 868,177 700,337 80.7% 651,133 Protective Services 3,501,187 3,221,712 92.0% 2,625,890 Fire/Rescue Services 3,008,064 3,177,523 105.6% 2,256,048 Building 449,605 330,782 73.6% 337,204 Infrastructure Maintenance 1,682,911 855,180 50.8% 1,262,183 Parks Recreation + Community Affairs 1,693,649 1,074,110 63.4% 1,270,237 Legal Services 344,293 156,375 45.4% 258,220 Solid Waste 1,271,215 1,129,848 88.9% 953,411 Debt Service 1,420,737 1,379,952 97.1% 1,065,553 Non-Departmental 6,080,875 2,037,209 33.5% 4,560,656 Contingency 231,537 0.0% 173,653 TOTAL EXPENDITURES $ 21,191,371 $ 14,598,816 68.9%$ 15,893,528 Excess of Revenues Over/ (Under) Expenditures $ 203,974 Page 1 of 6 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended July 31,2023 POLICE EDUCATION FUND FY 2022-2023 JULY 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Police Education Income 1,020 1,030 101.0% 765 Interest Income 75 204 272.0% 56 TOTAL REVENUES $ 1,095 $ 1,234 112.7% $ 821 EXPENDITURE Education &Training - - Contingency 1,095 0.0% 821 TOTAL EXPENDITURES $ 1,095 $ - 0.0% $ 821 Excess of Revenues Over/ (Under) Expenditures $ 1,234 FIRE PROTECTION FUND FY 2022-2023 JULY 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward R&R - - Interest Income 264 460 174.2% 198 TOTAL REVENUES $ 264 $ 460 174.2% $ 198 EXPENDITURE Contingency 264 0.0% 198 TOTAL EXPENDITURES $ 264 $ - 0.0% $ 198 Excess of Revenues Over/ (Under) Expenditures $ 460 Page 2 of 6 City of Cape Canavera Statement of Revenues & Expenditures Period Ended July 31,2023 SCHOOL CROSSING GUARD FUND FY 2022-2023 JULY 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 1,200 0.0% 900 Parking Fine Surcharge 900 870 96.7% 675 TOTAL REVENUES $ 2,100 $ 870 41.4% $ 1,575 EXPENDITURE Transfer to General Fund 2,100 0.0% 1,575 Contingency - 0.0% - TOTAL EXPENDITURES $ 2,100 $ - 0.0% $ 1,575 Excess of Revenues Over/ (Under) Expenditures $ 870 LIBRARY FUND FY 2022-2023 JULY 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Ad Valorem Taxes 70,193 71,159 101.4% 52,645 Ad Valorem Tax Delinquent 50 0.0% 38 Tax Penalty Income 60 33 55.0% 45 Interest Income 7,380 5,720 77.5% 5,535 Interest-Tax Collections 42 196 466.7% 32 TOTAL REVENUES 77,725 $ 77,108 99.2% $ 58,294 EXPENDITURE Operating Expenses 34,275 25,185 73.5% 25,706 Capital Purchases 30,000 26,099 87.0% 22,500 Contingency 13,450 0.0% 10,088 TOTAL EXPENDITURES 77,725 51,284 66.0% $ 58,294 Excess of Revenues Over/ (Under) Expenditures $ 25,824 Page 3 of 6 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended July 31,2023 CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY FY 2022-2023 JULY 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward Shared Revenue from Cape Canaveral 1,099,809 1,099,809 100.0% 824,857 Shared Revenue from Brevard County 1,099,809 1,058,562 96.2% 824,857 Interest Income 288 3,035 1053.8% 216 Transfer from General Fund 250,000 121,000 48.4% 187,500 TOTAL REVENUES 2,449,906 2,282,406 93.2% $1,837,430 EXPENDITURE Operating Expenses 5,999 1,749 29.2% 4,499 Capital Purchases 1,232,312 577,367 46.9% 924,234 Debt Service 867,270 832,455 96.0% 650,453 Due to General Fund - 308,680 0.0% - Contingency 344,325 0.0% 258,244 TOTAL EXPENDITURES 2,449,906 1,720,251 70.2% $1,837,430 Excess of Revenues Over/ (Under) Expenditures $ 562,155 Page 4 of 6 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended July 31,2023 IMPACT FEES FUND FY 2022-2023 JULY 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Impact Fees- Police 19,250 19,471 101.1% 14,438 Impact Fees- Fire/Rescue 3,376 13,078 387.4% 2,532 Impact Fees-Transportation 0.0% - Impact Fees- Parks/Recreation 22,700 22,884 100.8% 17,025 Impact Fees-General Government 15,850 16,088 101.5% 11,888 Impact Fees-Aerial Fire Truck 9,520 0.0% 7,140 Impact Fees- Library 12,000 12,085 100.7% 9,000 TOTAL REVENUES 82,696 83,606 101.1% $ 62,022 EXPENDITURE Contingency 82,696 0.0% 62,022 TOTAL EXPENDITURES 82,696 - 0.0% $ 62,022 Excess of Revenues Over/ (Under) Expenditures $ 83,606 LAW ENFORCEMENT TRUST FUND FY 2022-2023 JULY 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 5,229 0.0% 3,922 Contraband Income 1,650 0.0% 1,238 Interest-State 45 29 64.6% 34 Transfer from General Fund - 27,768 0.0% - TOTAL REVENUES 6,924 27,797 401.5% $ 5,193 EXPENDITURE School Resource Officer 6,924 6,924 100.0% 5,193 TOTAL EXPENDITURES 6,924 6,924 100.0% $ 5,193 Excess of Revenues Over/ (Under) Expenditures $ 20,873 Page 5 of 6 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended July 31,2023 WASTEWATER ENTERPRISE FUND FY 2022-2023 JULY 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 644,500 0.0% 483,375 Utility Operating Income 4,667,300 3,871,069 82.9% 3,500,475 Utility Penalty Income 70,000 50,927 72.8% 52,500 Sewer Assessment Fees 84,000 92,393 110.0% 63,000 Reuse Hook-Up Fees 2,925 0.0% 2,194 Reclaimed Water Revenue 91,650 77,226 84.3% 68,738 Interest Income 2,520 8,793 348.9% 1,890 Sale of Fixed Assets 2,000 0.0% 1,500 Transfer from General Fund 2,500,000 41,295 1.7% 1,875,000 Transfer from CRA Fund 52,324 52,324 100.0% 39,243 SRF Loan Proceeds 1,320,000 794,488 60.2% 990,000 Miscellaneous Income 2,000 7,484 374.2% 1,500 TOTAL REVENUES 9,439,219 4,995,999 52.9% $7,079,414 EXPENDITURE Personal Services 1,913,966 1,481,289 77.4% 1,435,475 Operating Expenses 1,597,455 862,474 54.0% 1,198,091 Debt Service 666,911 494,995 74.2% 500,183 Capital Purchases 4,499,930 802,449 17.8% 3,374,948 Contribution to General Fund 720,656 600,547 83.3% 540,492 Contingency 40,301 0.0% 30,226 TOTAL EXPENSES 9,439,219 4,241,754 44.9% $ 7,079,414 Excess of Revenues Over/ (Under) Expenses $ 754,245 STORMWATER ENTERPRISE FUND FY 2022-2023 JULY 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 626,500 0.0% 469,875 Stormwater Utility Fees 1,087,800 910,801 83.7% 815,850 Interest Income 1,380 5,346 387.4% 1,035 Transfer from General Fund 1,175,000 89,957 7.7% 881,250 TOTAL REVENUES $ 2,890,680 $ 1,006,104 34.8% $ 2,168,010 EXPENDITURE Personal Services 366,873 305,133 83.2% 275,155 Operating Expenses 271,230 124,459 45.9% 203,423 Capital Purchases 1,501,500 45,757 3.0% 1,126,125 Contribution to General Fund 19,566 16,305 83.3% 14,675 Contingency 731,511 0.0% 548,633 TOTAL EXPENSES 2,890,680 491,654 17.0% $ 2,168,010 Excess of Revenues Over/ (Under) Expenses $ 514,450 Page 6 of 6 Florida State Treasury - Special Purpose Investment Account (SPIA) & FL SAFE As of July 31,2023 Funds were invested with the State of Florida Division of Treasury,with a rate of return 2.36% Interest earned for the month: $ 36,825.49 General Fund Restricted (by outside party) Total Restricted $ - Committed (Constrained by Council) Expansion Recreation 45,143.45 Expansion Police 34,178.14 A1A Replenishment 24,000.00 Capital Equipment Renewal & Replacement 190,389.56 Total Committed $ 293,711.15 Assigned -General Fund Emergency Reserve $ 1,495,349.01 Unassigned $ 466,931.08 Total General Fund SPIA Investments: $ 2,255,991.24 Florida Safe General Fund Emergency Reserve- 0.06% (average monthly) 1,309,859.50 Florida Safe Note 2021 -0.06% (average monthly) 206,088.46 Florida Safe ARPA Reserve-0.06% (average monthly) 5,242,036.92 Total General Fund Florida Safe Investments: $ 6,757,984.88 Total General Fund Investments: $ 9,013,976.12 Special Revenue Funds Restricted (by outside party) Police Education Fund 12,758.61 Aerial Fund 32,708.61 Library Fund 357,741.11 Law Enforcement Trust Fund 1,825.62 Total Restricted $ 405,033.97 Total Special Revenue Fund SPIA Investments: $ 405,033.95 Enterprise Funds Wastewater Fund: Wastewater General - Unrestricted - Wastewater Fund Renewal&Replacement 494,518.48 $ 494,518.48 Stormwater Fund: Stormwater Fund - Unrestricted - Stormwater Fund Renewal & Replacement 396,184.33 $ 396,184.33 Total Enterprise Fund SPA Investments: $ 890,702.81 TOTAL SPIA & FLSAFE INVESTMENTS $ 10,309,712.88