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HomeMy WebLinkAboutcocc_council_mtg_packet_20231121CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA November 21, 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 — OUTGOING COUNCIL PRESENTATION TO MAYOR PRO TEM ANGELA RAYMOND COUNCIL MEMBERS OATH OF OFFICE ROLL CALL — NEW COUNCIL APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS All Agenda Section times are estimates and subject to change. ELECTION OF THE MAYOR PRO TEM PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the City Council excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens will limit their comments to three (3) minutes. The City Council will not take any action under the "Public Participation" section of the agenda. The Council may schedule items not on the agenda as regular items and act upon them in the future. CONSENT AGENDA 1 6:15 p.m. — 6:20 p.m. 1. Approve the Minutes for the October 17, 2023 Regular Meeting and the October 24, 2023 Workshop Meeting. 2. Reappoint Resilience Engineering Services Manager Alexis Miller as the City's Representative on the Space Coast Transportation Planning Organization (SCTPO) Technical Advisory Committee and City resident Arlyn DeBlauw as the North Beaches Coalition Alternate on the SCTPO Citizens' Advisory Committee. 3. Approve the proposed 2024 City Council Regular and Budget Meeting Schedule. 4. Approve quote from Tetra Tech in the amount of $96,078 for the completion of the Stormwater Management Infrastructure Mapping Project and authorize the City Manager to execute the same. 5. Approve quote from Angco Striping, Inc. in the amount of $59,138 for the striping of traffic and bike lanes on multiple roads/pedways and authorize the City Manager to execute the same. City of Cape Canaveral, Florida City Council Regular Meeting • November 21, 2023 Agenda • Page 2 of 2 6. Approve quote from WAPRO USA in the amount of $76,431.00 for the purchase of a WASTOP Backflow Prevention Valve to be installed as part of the Center Street Drainage Improvement Project and authorize the City Manager to execute the same. 7. Approve Agenda Item policy recommendation regarding the Unfinished Business of City Council Discussion Items. PUBLIC HEARINGS 1 6:20 p.m. — 6:40 p.m. 8. Ordinance No. 11-2023; adopting amendments to the Annual General Fund, Special Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital Fund Budgets for the Fiscal Year beginning October 1, 2022, and ending September 30, 2023; providing for an effective date, second reading. 9. Ordinance No. 12-2023; amending Chapter 110 — Zoning, Article IX. — Supplementary District Regulations, Division 2. — Offstreet Parking Related to Minimum Parking Requirements for Restaurants and Bars; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, first reading. ITEMS FOR ACTION 1 6:40 p.m. — 7:00 p.m. 10. Appoint a Council Member as the 2024 Alternate Delegate to the Space Coast Transportation Planning Organization Governing Board, representing the North Beaches Coalition. 11. Appoint a Voting Delegate/Director and an Alternate to the Space Coast League of Cities. 12. Approve proposal from Centroid Diversified LLC, in an amount of $588,818.05 for construction of the Center Street Drainage Improvements and authorize the City Manager to execute Construction Agreement for same. 13. Approve proposal from Centroid Diversified LLC, in an amount of $402,311.00 for construction of the Veterans Memorial Park Enhanced Bio-swale and authorize the City Manager to execute Construction Agreement for same. REPORTS 1 7:00 p.m. — 7:15 p.m. INFORMATIONAL I Item presented for informational purposes only; no action to be taken. 14. Monthly Financial Report — September 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. DRAFT OATH OF OFFICE I, Kay Lyn Jackson, do solemnly swear that I will support, protect and defend the Constitution of the United States of America and of the State of Florida and the Charter and Ordinances of the City of Cape Canaveral, Florida; and that I am entitled to hold office in the City of Cape Canaveral, Florida; and that I will faithfully perform all of the duties of the Office of City Council of the City of Cape Canaveral. So help me God. ATTEST: Mia Goforth, CMC CITY CLERK KAY LYN JACKSON Oath administered by: Anthony A. Garganese CITY ATTORNEY on this 21 st day of November 2023 DRAFT OATH OF OFFICE I, Don Willis, do solemnly swear that I will support, protect and defend the Constitution of the United States of America and of the State of Florida and the Charter and Ordinances of the City of Cape Canaveral, Florida; and that I am entitled to hold office in the City of Cape Canaveral, Florida; and that will faithfully perform all of the duties of the Office of City Council of the City of Cape Canaveral. So help me God. ATTEST: Mia Goforth, CMC CITY CLERK DON WILLIS Oath administered by: Anthony A. Garganese CITY ATTORNEY on this 21 st day of November 2023 CERTIFICATE OF ELECTION y4pcE Aid STATE OF 9 CITY OF CAPE FLORIDA "' - CANAVERAL This is to Certify That: KAY IYN JACKSON having been duly elected to the Office of City Council on the 7th day of November, 2023 A.D., in and for the City of Cape Canaveral, in the County of Brevard, and State of Florida, to have and to hold said Office for a term of Three (3) Years, from the election in November 2023 to the election in November 2026, is hereby commissioned and invested with the authority to assume and perform all duties of said Office according to Law and the Ordinances of said City. F.S. 102.155 Certificate of election. — The supervisor shall give to any person the election of whom is certified by the county canvassing board a certificate of the person's election. The Department of State shall give to any person the election of whom is certified by the state canvassing board a certificate of the person's election. The certificate of election which is issued to any person shall be prima facie evidence of the election of such person. In Testimony Whereof this Certificate is signed by the Clerk of the City of Cape Canaveral, Florida, and the Corporate Seal thereof affixed this 21st day of November, 2023 A.D. Mia Goforth, CMC — City Clerk CERTIFICATE OF ELECTION y4pcE Aid STATE OF 9 CITY OF CAPE FLORIDA "' - CANAVERAL This is to Certify That: DON WILLIS having been duly elected to the Office of City Council on the 7th day of November, 2023 A.D., in and for the City of Cape Canaveral, in the County of Brevard, and State of Florida, to have and to hold said Office for a term of Three (3) Years, from the election in November 2023 to the election in November 2026, is hereby commissioned and invested with the authority to assume and perform all duties of said Office according to Law and the Ordinances of said City. F.S. 102.155 Certificate of election. — The supervisor shall give to any person the election of whom is certified by the county canvassing board a certificate of the person's election. The Department of State shall give to any person the election of whom is certified by the state canvassing board a certificate of the person's election. The certificate of election which is issued to any person shall be prima facie evidence of the election of such person. In Testimony Whereof this Certificate is signed by the Clerk of the City of Cape Canaveral, Florida, and the Corporate Seal thereof affixed this 21st day of November, 2023 A.D. Mia Goforth, CMC — City Clerk CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • NOVEMBER 21, 2023 AGENDA ITEM SUMMARY Subject: Election of the Mayor Pro Tem Department: City Clerk's Office Summary: Section 2.03(b) of the City Charter and Section 2-62 of the City Code detail the requirement, timing and purpose of City Council electing a Mayor Pro Tem (MPT) annually. The duties of the MPT include presiding over City Council Meeting in the Mayor's absence, assisting or standing -in for the Mayor for ceremonial activities of the City, and attending functions hosted by other government agencies, local businesses and associations. The City Council serve as the members of the Community Redevelopment Agency (CRA) Board. Therefore, the Mayor and MPT serve as the Chair and Vice Chair of the CRA Board, respectively. As in prior years, Staff recommends Council follow this method to nominate and elect this year's MPT: 1. The Mayor and each Council Member individually place a check on their MPT Nomination Slip (see Attachment), indicating their choice for MPT nomination. 2. All Slips shall be handed to the City Attorney, who will then read -off the nominations. 3. a. If a Member receives three or more nominations, and accepts the nomination, said Member shall be the nominee. b. If one Member receives two nominations, with no other Member receiving two or more, and accepts the nomination, said Member shall be the nominee. c. If two Members each receive two nominations, and both accept nomination, a second round of nominations, limited to those two, will be conducted via cards. Whoever receives three nominations in the second round shall be the nominee. 4. Should a Member not accept the nomination, any nominations for them shall be considered void and the Member with the next highest, or equal, number of nominations shall be the nominee. If need be, the process may be redone, excluding said Member as a choice. 5. A roll -call vote shall be held for appointment of the nominee as MPT. The Council may choose a different method to nominate/elect this year's MPT as one Council Member is currently scheduled to attend this meeting via webinar. Submitting Department Director: Mia Goforth Attachment: Proposed MPT Nomination Slip 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: Elect a MPT through the nomination method of City Council's choice. Approved by City Manager: Todd Morley MAYOR WES MORRISON Vote once for Mayor Pro Tem nomination ❑ Kim Davis ❑ Kay Jackson ❑ Mickie Kellum ❑ Don Willis COUNCIL MEMBER KIM DAVIS Vote once for Mayor Pro Tem nomination ❑ Kim Davis ❑ Kay Jackson ❑ Mickie Kellum ❑ Don Willis COUNCIL MEMBER KAY JACKSON Vote once for Mayor Pro Tem nomination ❑ Kim Davis ❑ Kay Jackson ❑ Mickie Kellum ❑ Don Willis COUNCIL MEMBER MICKIE KELLUM Vote once for Mayor Pro Tem nomination ❑ Kim Davis ❑ Kay Jackson ❑ Mickie Kellum ❑ Don Willis COUNCIL MEMBER DON WILLIS Vote once for Mayor Pro Tem nomination ❑ Kim Davis ❑ Kay Jackson ❑ Mickie Kellum ❑ Don Willis ITEM # 1 DRAFT CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Hybrid Meeting via GoTo webinar Tuesday October 17, 2023 6:00 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 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 (via webinar) Wes Morrison Angela Raymond Don Willis Others Present: City Manager City Attorney City Clerk Administrative/Financial Services Director Capital Projects Director Capital Projects Deputy Director Community + Economic Development (C+ED) Dir. C+ED Deputy Director C+ED Senior Planner C+ED Resilience Engineering Services Manager Executive Assistant to City Manager/Office Manager Brevard County Sheriff's Office Lieutenant Brevard County Sheriff's Office Deputy Todd Morley Anthony Garganese Mia Goforth John DeLeo Jeff Ratliff Tim Carlisle Dave Dickey Brian Palmer Kyle Harris Alexis Miller Lisa Day Scott Molyneaux Joseph Schulze APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS. Council reached consensus to approve the Agenda as written. PRESENTATIONS/INTERVIEWS: Presentation of Proclamation, declaring October 27 — November 4, 2023 as "Mobility Week" for the City of Cape Canaveral, in partnership with the Florida Department of Transportation to Georganna Gillette, Executive Director of the Space Coast Transportation Planning Organization: Mayor Morrison read and presented the Proclamation to Ms. Gillette, who thanked the Council and discussed appreciation for City's leadership in bicycle and pedestrian safety. Presentation by representatives from the Zonta Club of Melbourne, promoting Zonta International's Vision of a world in which women's rights are recognized as human rights and every woman is able to achieve her full potential: Ms. Donna Melcher, Treasurer/Past President Zonta Club of Melbourne, made the presentation, invited local businesses to light their shops orange in the City, and thanked Council. City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • October 17, 2023 Minutes • Page 2 of 4 Interview Applicant for appointment to the Planning and Zoning Board. (Daniel Sharpe): City Attorney Garganese confirmed information contained in the Application to be true and correct, after Mr. Sharpe confirmed his error in not checking a box under Section 6. Mr. Sharpe shared his background and reasons for interest in serving on the Board. Council thanked Mr. Sharpe. PUBLIC PARTICIPATION: John Benton, visitor, discussed a code reduction hearing before being warned by the Chair citing language from City Code Section 2-66 (h) that there will be no slanderous remarks or boisterousness, otherwise he would be asked to leave. Mr. Benton continued discussing his concerns. Shannon Roberts, resident and property owner, announced the Space Coast League of Women Voters Candidates Forum will take place on Saturday, November 4, 2023, Noon to 2:00 p.m. at the Cape Canaveral Library, and discussed accessibility and parking concerns related to community events National Night Out and Friday Fest. CONSENT AGENDA: 1. Approve Minutes for the September 19, 2023 Workshop and September 20, 2023 Regular Meetings. 2. Resolution No. 2023-24; appointing 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. (Daniel Sharpe) 3. Resolution No. 2023-25; reappointing members to the Business and Economic Development Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Chelsea Partridge and Jayne Saydah) 4. Approve quote from Holland Pump Company in the amount of $177,685 for the purchase of a submersible pump system to be installed as part of the Center Street Drainage Improvement Project and authorize the City Manager to execute the same. A motion was made by Council Member Willis, seconded by Council Member Davis, to approve the Consent Agenda. The motion carried 5-0. PUBLIC HEARINGS: 5. Ordinance No. 10-2023; amending the City of Cape Canaveral Comprehensive Plan Future Land Use Element by Establishing a Mixed -Use (MXU) Land Use Category and Related Objective and Policies, providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Comprehensive Plan, an effective date and legal status of the Plan amendments, first reading for the repeal of prior inconsistent resolutions, severability and an effective date: City Attorney Garganese read the title into the record. City Manager Morley explained the Item. The Public Hearing was opened. Peggy Schaller, resident and business owner, discussed support for the Item, and interest in multi -use units without the seven -acre requirement. City Manager Morley discussed how the proposed Ordinance does not address smaller MXU projects eligible for density bonuses, however live -work units are in the Ordinance but without the density bonus on smaller properties. Discussion ensued and included access to Astronaut Boulevard, Center Street, and West Central Boulevard. Attorney Kim Rezanka, representing DG Beach Waves, Inc., distributed handouts to Council and Staff, discussed her client's proposed project, and requested that Council consider changes to the Ordinance. Tom Hermansen, business owner, distributed a handout to the Council and Staff, discussed support for the Item, and City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • October 17, 2023 Minutes • Page 3 of 4 requested Council consider adding North Atlantic Avenue to the Ordinance. Discussion ensued and included why North Atlantic Avenue was not included in the Ordinance. City Manager Morley explained the Planning and Zoning Board concern regarding additional traffic on a minor road. The Public Hearing was closed. Discussion continued regarding ambiguity in the Code, concern over building height, underground parking in residential districts, Senate Bill 250, the Planning and Zoning Board's recommendation to limit height, how there are only five to seven properties in the City which meet the 7-net developable acres provision, MXU versus live -work units, and why North Atlantic Avenue was excluded from the Project. City Attorney Garganese discussed Council efforts to protect the residential areas on North Atlantic Avenue with Administrative Rezonings which are still underway. Discussion continued regarding whether the City is being too restrictive with height and set -back requirements, and how developers have seen the City's desired direction based on its Visioning, Resilience and Comprehensive Plans. City Manager Morley explained next statutory steps in the process if Council approves the proposed Ordinance at first reading. Community and Economic Development Director Dickey discussed the 30-day turnaround from the State, which means the second reading of the proposed Ordinance should be ready for the December City Council Regular Meeting. A motion was made by Council Member Davis, seconded by Council Member Willis, to adopt Ordinance No. 10-2023, on first reading. City Manager Morley confirmed that Council may amend the Ordinance based upon comments from the State, and depending on what kind of changes are made, re -advertisement of the proposed Ordinance may be required. The motion carried 5-0. 6. Ordinance No. 11-2023; adopting amendments to the Annual General Fund, Special Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital Fund Budgets for the Fiscal Year beginning October 1, 2022, and ending September 30, 2023; providing for an effective date, first reading: City Attorney Garganese read the title into the record. City Manager Morley explained the Item. Discussion ensued and included comparison of past fiscal year City Budget totals, contingencies, expenditures, and Budget transfers. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Davis, to approve Ordinance No. 11-2023, on first reading. The Public Hearing was opened. There being no comment, the Public Hearing was closed. The motion carried 5-0. ITEM FOR DISCUSSION: 7. Discussion of considerations toward the possible development of an Ordinance pertaining to Nonconforming Developed Lots of Record. (Submitted by Council Member Willis): Council Member Willis read the Summary Item including a request for City Attorney Garganese to review this issue, and advise Council on options to address protection of citizens property rights. City Manager Morley discussed having contacted the Brevard County Clerk of Courts several years ago regarding this issue, and which indicated to him that the agency would not interfere with constitutional rights to buy and sell property. Discussion ensued and included desire for Staff to contact the Brevard County Clerk of Courts again to address the matter, difficulties people are having with obtaining insurance and refinancing due to non -conforming property issues, interest in protecting the City's homeowners ability to replace their homes, underwriters walking away from sales due to non -conforming issues, desire for Staff to provide examples of failed sales for Council to review, and clarification that this issue is not related to any vacant, non -developed lots that are non -compliant. Council reached consensus for the City Attorney and Staff to address the three questions presented in the Agenda Item Summary, bring the Item back to Council, and to confirm whether the Brevard County Clerk of Court position on the matter requires City approval prior to any lot recording. Lamar Russell, resident City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • October 17, 2023 Minutes • Page 4 of 4 and Planning and Zoning Board Chair, discussed how the City Council already dealt with this issue at a Meeting chaired by former Mayor Bob Hoog, and suggested the Planning and Zoning Board research the matter. Kay Jackson, resident, business and property owner, discussed support for the Item. REPORTS: Mayor Pro Tem Raymond requested the Council consider starting a program to assist The Society of St. Vincent de Paul, which assists many Cape Canaveral citizens needing help with rent, utilities and food, by using the City's leftover unrestricted American Rescue Plan Act funds; discussed attendance at the Space Coast League of Cities Meeting on October 9, 2023, and the upcoming Brevard County Legislative Delegation meeting scheduled for October 25, 2023 at the Canaveral Port Authority Board of Commissioners meeting room. Council Member Davis discussed attending the Space Coast League of Cities Meeting on October 9, 2023, and requested an informational flyer from the Florida Wildlife Hospital depicting what to do with injured animals be placed on the City website. Council Member Willis discussed meeting with Staff and Florida Department of Highway Transportation representatives on October 13, 2023 regarding the potential for crosswalks along State Road Al A. Mayor and Council expressed desires for Council Member Kellum to get well soon. Mayor Morrison discussed attending the 8th Annual Rescuing Veterans Lost in America Dinner Fundraiser for National Veterans Homeless Support held at the Radisson Resort in Cape Canaveral on October 6, 2023, and recommended all attend next year. City Manager Morley discussed the Coffee with the City Manager scheduled for Friday, October 20, 2023 at 10:00 a.m., and the City Council Workshop scheduled for October 24, 2023 at 1:00 p.m. Community and Economic Development Director Dickey announced Resilience Engineering Services Manager Lexi Miller recently passed the Engineering Intern Exam, which is a first step toward the designation of Professional Engineer. ADJOURNMENT: The Meeting was adjourned at 8:20 p.m. Wes Morrison, Mayor Mia Goforth, City Clerk DRAFT CAPE CANAVERAL CITY COUNCIL WORKSHOP MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Tuesday October 24, 2023 1:00 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 1:00 p.m. Mayor Pro Tem Raymond led the Pledge of Allegiance. ROLL CALL: Council Members Present: Council Member Kim Davis Council Member Mickie Kellum (via Webinar) Mayor Wes Morrison Mayor Pro Tem Angela Raymond Council Member Don Willis Others Present: City Manager City Clerk City Attorney Administrative/Financial Services Director Financial Services Deputy Director Capital Projects Deputy Director Community + Economic Development (C+ED) Dir. C+ED Senior Planner Parks, Recreation + Community Affairs (PRCA) Dir. Executive Assistant to City Manager/Office Manager Brevard County Sheriff's Office Lieutenant PUBLIC PARTICIPATION: None. DISCUSSION: Todd Morley Mia Goforth Anthony Garganese John DeLeo Jenny Coldiron Tim Carlisle Dave Dickey Kyle Harris Molly Thomas Lisa Day Scott Molyneaux Receive updated Civic Hub Project information, receive public comment, provide feedback for Kimley-Horn & Associates, Inc. (KHA) and direction to City Manager on moving forward with the planning and construction of the Civic Hub Project: City Manager Morley discussed the Civic Hub Project history, and using the City's Community Redevelopment Agency budget and leftover funds from the American Rescue Plan Act to pay the lion's share of the Project. Scott Mingonet, Principal KHA, introduced the KHA Project representatives and made a presentation which showed Council approved changes made to the Civic Hub Master Plan since the previous City Council Civic Hub Workshop Meeting. Discussion ensued and included underground exfiltration systems and engineering to tie into stormwater systems surrounding the Civic Hub area, examples of plastic vaults versus concrete box systems, including efficiency, cost and lifespan comparisons, various design features, refined play area around the major event section, cost benefits and analysis of concrete versus pavement, Council may identify Project priorities based on the Phased Cost analysis and Opinion of Probable Construction Costs contained within the Presentation Slide 29 City of Cape Canaveral, Florida DRAFT City Council Workshop Meeting October 24, 2023 Minutes • Page 2 of 2 (attached), and why certain improvements should be done collectively such as the Pickle Ball and Tennis courts. Mayor Morrison recessed the meeting at 2:06 p.m. The meeting reconvened at 2:21 p.m. Discussion continued regarding the inclusion of a beverage service area in the Plan Design for beverage sales during events, Tennis in the City dates to 1976, the number of courts required for team tournaments, the sufficient amount of stormwater area based on the Plan design, completing the Project in two phases with underground improvements starting first, Mr. Mingonet's caution in over -design for stormwater improvements, support for going forward with $150,000 for stormwater design, and starting a memorial paver program which would need to be vehicular and pedestrian rated. Administrative/Financial Services Director DeLeo discussed the importance of financing the Project. Discussion continued regarding areas and structures to be demolished, impacts on Friday Fest and moving the event to a temporary location, and the lowest point in the Center Street Basin area located in proximity to the Civic Hub Project. Capital Projects Deputy Director Carlisle discussed how the middle 300 block of Fillmore, Taylor and Magnolia, contains a high concentration of impervious surfaces, is the lowest area, and acts as a gully taking on a lot of water. Discussion continued regarding utilizing the Mead & Hunt Center Street Basin Stormwater System Analysis for KHA's design work, and how this discussion crystallized the scope and direction of the Project. Shannon Roberts, resident and property owner, discussed concerns including the overall flow and aesthetic design of the Civic Hub Master Plan, sufficient parking and opportunities for Federal Funding. Discussion continued how the Civic Hub area will become a greener space and a significant buffer along State Road A1A, desire to maintain existing trees, moving the entry way arch feature to face State Road A1A, and preservation of the mural on Taylor Avenue. KHA Engineer Randy Gonzalez, advised how the City needs to conduct a study to identify the total volume needed for the new underground stormwater exfiltration system to handle both the Civic Hub area first and the Presidential Streets second, to find out which of those streets the City intends on treating/receiving stormwater from. City Manager Morley discussed possible Council consensus based on the input received. Discussion ensued regarding providing KHA access to all City stormwater studies, request for costs of more studies, and KHA study costs will be based on the City studies already done to avoid duplication of data. Council reached consensus for KHA to bring back a final conceptual design and a proposal for a Civic Hub/Presidential Streets stormwater exfiltration system volume study within the next two months. Discussion ensued regarding support for the Plan, thanks to Staff and KHA, and desire to pursue grant funding opportunities for this Project. Council Member Davis requested, out of respect and courtesy, that any consideration of future meetings of Council, to schedule them at 4:00 p.m. or later, unless they are of an urgent nature. Mayor Morrison made note of the request and thanked Council Member Davis ADJOURNMENT: The Workshop Meeting was adjourned at 3:24 p.m. Wes Morrison, Mayor Mia Goforth, City Clerk Opinion of Probable Construction Costs Infrastructure and Park Enhancements $5,690,000 General Conditions and Mobilization Demolition/ Clearing/ Earthwork/ Grading/ Gateway Improvements: low knee wall and plaza along A1A and Poi nsetta Gateway Signage Concrete / Paving Construction: Sheriffs parking lot, existing lot along Poinsetta, additional parking along Fillmore, pedestrian and heavy duty sidewalks, including subbase. Enhanced Concrete Construction: Vehicular pavers at Food Truck Court and TaylorAvenue, pervious pavers to enhance stormwater, removable bollards synthetic turf at Event Lawn raised decking at passive area Franchise utilities: Lighting/ Electrical: Taylor pedestrian lighting, area Festoon lighting, pathway pedestrian and decorative lighting, landscape and accent lighting, event panel, performance stage lighting and panel, service panels, security lighting throughout park. $250,000 $220,000 $350,000 $30,000 $230,000 $800,000 $35,000 $500,000 Stormwater: Underground stormwater systems; Food truck area, Taylor Avenue, Event Lawn, Tennis Courts, Pickleball Courts, NE Parking Lot, East Parking Lot Potable Water Sanitary Sewer Furnishings and Audio Landscape Irrigation $2,600,000 $75,000 $130,000 $130,000 $250,000 $90,000 Facilities /Building Structures $2,780,000 Restrooms and Concession Building Bathrooms, Concession structure, covered plaza structure behind existing mural wall, enhancements to back of mural wall, storage behind both the restrooms and concession structures. $1,000,000 Performance Amphitheatre: 27' x 20' x 12-15' height, includes elevated stage area, ADA accessibility and footers/foundation $500,000 Small Shade Pavillions: 4 total stwctwres within the park area Architectural /Decorative Swings Architectural mounds and play structure: includes rubberized surface and play structure Pickleball Courts: 6 pidkleball courts with concrete sub -base, fencing and lighting Tennis Courts: 2 tennis courts with concrete sub -base, fencing and lighting Nancy Hanson Center upgrades: upgrades including painting, modernization and ADA improvements $250,000 $200,000 $150,000 $300,000 $300,000 $80,000 Construction Subtotal $8,470,000 Soft Costs (A&E design, permitting) - 10% $847,000 Contingency (Conceptual Level) - 15% $1,270,500 Total: $10,590,000 Attachment to the October 24, 2023 City Council Workshop Minutes All estimates are in 2023 dollars; no escalation has been applied, see disclaimer included in full OPCC Civic Hub Master Plan CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • NOVEMBER 21, 2023 AGENDA ITEM SUMMARY • ITEM # 2 Subject: Reappoint Resilience Engineering Services Manager Alexis Miller as the City's Representative on the Space Coast Transportation Planning Organization (SCTPO) Technical Advisory Committee and City resident Arlyn DeBlauw as the North Beaches Coalition Alternate on the SCTPO Citizens' Advisory Committee. Department: City Clerk's Office Summary: The Space Coast Transportation Planning Organization (SCTPO) is a metropolitan planning organization established under §339.175, Florida Statutes, to coordinate transportation planning and finance throughout Brevard County. City representatives on the 2023 SCTPO Technical Advisory Committee (TAC) and Citizens' Advisory Committee (CAC) are Resilience Engineering Services Manager Alexis Miller and City resident Arlyn DeBlauw, respectively. Ms. Miller and Mr. DeBlauw have each acknowledged/expressed interest in continuing to serve. Through an agreement with Cocoa Beach, representation on the CAC is shared between the two cities as the North Beaches Coalition (NBC). For 2024, Cape Canaveral's appointee will be the Alternate on the CAC, with Cocoa Beach's appointee serving as the Voting Delegate. It is now incumbent upon City Council to appoint a City employee as the TAC Representative and a City resident as the NBC CAC Alternate. Submitting Department Director: Mia Goforth Attachments: None. Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following actions: Reappoint Resilience Engineering Services Manager Alexis Miller as the City's Representative on the SCTPO TAC and City resident Arlyn DeBlauw as the NBC Alternate on the SCTPO CAC. Approved by City Manager: Todd Morley CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • NOVEMBER 21, 2023 AGENDA ITEM SUMMARY • ITEM # 3 Subject: Approve the proposed 2024 City Council Regular and Budget Meeting Schedule. Department: City Clerk's Office Summary: A yearly Meeting Schedule assists everyone in planning activities necessary to complete the City's business. The proposed Meeting Schedule (Attachment 1) was created utilizing current practices. The two Budget Hearings in September are contingent upon State of Florida Truth in Millage (TRIM) requirements and budget hearing schedules of the Brevard County Board of County Commissioners (BOCC) and the Brevard County School Board. In the prior two years, the County BOCC has scheduled their budget hearings in conflict with the City's, necessitating a postponement to the following Wednesday for both the City Council's First and Second Budget Hearings, and subsequently the accompanying Regular Council Meeting and Community Redevelopment Agency Board Meeting. The County BOCC does not establish their budget meeting schedule until well into the calendar year, and the City cannot make assumptions that they will follow the same pattern as in 2022 and 2023. If the County BOCC budget meeting schedule conflicts again, Staff will present a revised City Council Regular and Budget Meeting Schedule for Council consideration at a subsequent Council Meeting. Attachment 2, the List of Holidays and Other Notable Dates, also includes entries for Daylight Savings Time, as Congress has not amended U.S. Code, authorizing Florida's 2018 year-round Daylight Savings Time legislation. The City's Community Redevelopment Agency (CRA) Board is a legally distinct and separate entity from the City Council. However, the CRA Board Meeting schedule, approved by the CRA Board at its September 20, 2023 Regular Meeting, coincides with dates on the proposed City Council Meeting Schedule. For this reason, CRA Board Meetings are listed. Submitting Department Director: Mia Goforth Attachments: 1. Proposed 2024 City Council Regular and Budget Meeting Schedule 2. City of Cape Canaveral 2024 Holidays and Other Notable Dates Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Approve the proposed 2024 City Council Regular and Budget Meeting Schedule. Approved by City Manager: Todd Morley CITY OF GAPE CANAVERAL CITY OF CAPE CANAVERAL 2024 City Council Meeting Schedule Attachment 1 Agenda Cut -Off Agenda + Packet Posted/Distributed Council Meeting (*Dates reserved if a meetin' is necessa ) 01/02/2024* 01/03/2024 01/09/2024 01/16/2024 6:00 p.m. 02/06/2024* 02/07/2024 02/13/2024 02/20/2024 6:00 p.m. 03/05/2024* 03/06/2024 03/12/2024 03/19/2024 6:00 p.m. CRA Board Meeting 5:00 p.m. if needed 04/02/2024* 04/03/2024 04/09/2024 04/16/2024 6:00 p.m. 05/07/2024* 05/08/2024 05/14/2024 05/21/2024 6:00 p.m. 06/04/2024* 06/05/2024 06/11/2024 06/18/2024 6:00 p.m. CRA Board Meeting 5:00 p.m. if needed 07/02/2024 07/03/2024 07/16/2024 6:00 p.m. 07/09/2024 + Budget Workshop 5:00 p.m. 08/06/2024* 08/07/2024 08/13/2024 08/20/2024 6:00 p.m. + Budget Workshop 5:00 p.m. if needed 08/21/2024 08/27/2024 09/03/2024 5:30 p.m. 1st Budget Hearing Budget Hearing contingent upon TRIM requirements + scheduled budget hearings of the Brevard County Commission and School Board. Florida Law prohibits budget hearings on the same day. 09/04/2024 09/10/2024 09/17/2024 6:00 p.m. + 2nd Budget Hearing CRA Board Meeting 5:00 p.m. Budget Hearing contingent upon TRIM requirements + scheduled budget hearings of the Brevard County Commission and School Board. Florida Law prohibits budget hearings on the same day. 10/01/2024* 10/02/2024 10/08/2024 10/15/2024 6:00 p.m. 11/05/2024* 11/06/2024 11/12/2024 11/19/2024 6:00 p.m. CRA Board Meeting 5:00 p.m. (tentative) 12/03/2024* 12/04/2024 12/10/2024 12/17/2024 6:00 p.m. Approved by Council: Monday 01/01/2024 Monday 01/15/2024 Wed nesday 02/07/2024 Monday 02/19/2024 Sunday-2 A.M. 03/10/2024 Wed nesday 04/24/2024 Begins 05/19/2024 Monday 05/27/2024 Thu rsday 07/04/2024 Friday 07/19/2024 Monday -Noon 08/05/2024 Friday -Noon 08/16/2024 Sunday 09/01/2024 Monday 09/02/2024 Begins 09/23/2024 Thu rsday 09/26/2024 Tuesday 10/01/2024 Wed nesday 10/16/2024 Sunday-2 A.M. 11/03/2024 Tuesday 11/05/2024 Monday 11/11/2024 Thursday 11/28/2024 Friday 11/29/2024 Tuesday 12/24/2024 Wed nesday 12/25/2024 CITY OF CAPE CANAVERAL 2024 Holidays + Other Notable Dates New Year's Day Martin Luther King Jr. Day School Crossing Guard Appreciation Day Presidents Day Begin Daylight Savings Administrative Professionals Day National Public Works Week Memorial Day Independence Day Park + Recreation Professionals Day City Election Qualifying Period Begins City Election Qualifying Period Ends Building + Code Staff Appreciation Day Labor Day Finance + Accounting Appreciation Week Human Resources Professionals Day National Night Out (tentative) Boss's Day End Daylight Savings Election Day Veterans Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day Attachment 2 City offices closed City offices closed City offices closed Set clocks forward + check smoke detectors City offices closed City offices closed For more info, contact the City Clerk's Office For more info, contact the City Clerk's Office City offices closed Set clocks back + check smoke detectors For more info, visit Vote B reva rd.gov City offices closed City offices closed City offices closed City offices closed City offices closed CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • NOVEMBER 21, 2023 AGENDA ITEM SUMMARY • ITEM # 4 Subject: Approve quote from Tetra Tech in the amount of $96,078 for the completion of the Stormwater Management Infrastructure Mapping Project and authorize the City Manager to execute the same. Department: Capital Projects Summary: Geographic Information System (GIS) based stormwater system maps serve as foundations for informed data -driven system management, maintenance and engineering. In addition to spatially collecting asset locations, stormwater GIS database maps serve as a central source for stormwater asset data attributes such as rim elevations, pipe inverts, materials and diameters. This information will be needed by the City to perform future planning and construction engineering work. Scope of Work: Tetra Tech proposes to implement an asset mapping and inventory program to locate assets in the field and build a complete geographic dataset for all accessible stormwater infrastructure within the service area. The proposed method capitalizes on Tetra Tech's proven app- based GPS technology, which enables simultaneous geolocation, data collection, elevation collection and photo documentation. Tetra Tech will map approximately 500 stormwater structures, 11 outfalls and 67,500 linear feet of stormwater pipe. The stormwater infrastructure collection process will identify visible defects in the structures and leaks at the conduit joints along with photographic documentation. Tetra Tech's proposal provides an illustration of the stormwater assets and project area as well as a more detailed scope of work (attachment). Selected Engineering Firm: After review of engineering firm qualifications for similar -type projects completed in other municipalities, Staff selected Tetra Tech of Orlando, Florida to perform the recommended stormwater GIS mapping. Tetra Tech 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 Tetra Tech, and was extended in July 2023 for one-year. Budget: This item is budgeted for FY23-24 under CIP# SW-9. Submitting Department Director: Tim Carlisle for Jeff Ratliff Attachment: Tetra Tech Proposal and Scope of Work Financial Impact: $96,078 for the completion of the Stormwater Management Infrastructure Mapping Project awarded to Tetra Tech funded by the Stormwater Fund; Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following actions: Approve quote from Tetra Tech in the amount of $96,078 for the completion of the Stormwater Management Infrastructure Mapping Project and authorize the City Manager to execute the same. Approved by City Manager: Todd Morley [mj TETRATECH October 17, 2023 Mr. Tim Carlisle Capital Projects Deputy Director City of Cape Canaveral 100 Polk Avenue Cape Canaveral, FL 32920 Subject: City of Cape Canaveral Professional Engineering Services Proposal for the Stormwater Management Infrastructure Mapping Project — Revision 1 Tt # 200BP Gen/Cape Canaveral Dear Mr. Carlisle: Tetra Tech is pleased to furnish this proposal under the Continuing Engineering/Surveying Services Agreement signed on 17th July 2018 for professional engineering services to complete the Stormwater Management Infrastructure Mapping project. A detailed scope of services, compensation summary, and project implementation schedule are attached. We appreciate this opportunity and look forward to serving the City of Cape Canaveral on this project. If you should have any questions, please do not hesitate to contact me at 407-839-3955. Very truly yours, Tetra Tech Timothy A. Vanderwalker, P.E. Senior Project Manager Attachments: Scope and Price Proposal TAV/sl/SW_G IS_Mapping/Carlisle_01-09-23 Tetra Tech 201 E. Pine Street, Suite 1000, Orlando, FL 32801 Tel 407.839.3955 Fax 407.839.3790 www.tetratech.com ATTACHMENT A CITY OF CAPE CANAVERAL STORMWATER MANAGEMENT INFRASTRUCTURE MAPPING SCOPE OF SERVICES I. PROJECT BACKGROUND The City of Cape Canaveral (City) desires to map the stormwater management infrastructure within the City. A spatially rectified, GIS based stormwater system map provides multiple benefits to the City. The system map serves as a foundation for informed, data -driven system management, maintenance, and engineering. In addition to spatially corrected asset locations, the stormwater GIS database map serves as a central source for stormwater asset data attributes such as rim elevations, pipe inverts, materials and diameters. Tetra Tech proposes to implement an asset mapping and inventory program to locate assets in the field and build a complete geographic dataset for all accessible stormwater infrastructure with the service area. The proposed method capitalizes on Tetra Tech's proven app-based GPS technology, which enables simultaneous geolocation, data collection, elevation collection and photo -documentation. It is Tetra Tech's understanding that the City wishes to map approximately 500 stormwater structures, approximately 11 outfalls, and approximately 67,500 linear feet of stormwater pipe. The stormwater structure collection process will identify visible defects in the structures and defects and leaks at the conduit joints along with photo documentation. Attachment B provides an illustration of the stormwater assets and project area. Tetra Tech has prepared this proposal under the Continuing Engineering/Surveying Services Agreement signed on 17th July 2018. II. SCOPE OF WORK Tetra Tech's approach leverages extensive existing project experiences in performing asset mapping and inventory with the latest geospatial technologies. This provides for quick data collection and GPS asset mapping. It reduces the project delivery schedule and overall costs by the way of reduced field time hours, real-time progress monitoring, and daily QA/QC reviews. The field work methodology includes horizontal and vertical GPS location, photo documentation, and defect identification. This targeted inspection process provides a rapid asset condition assessment or triage approach. The results of which are used to focus limited budget and resources in the appropriate places. Manholes and gravity mains with defects visible at the manhole are clearly identified and can be incorporated into a targeted CCTV inspection program or rehabilitation program. The final deliverable for this effort is a fully populated GIS database of the existing stormwater assets. The database will also include defect identification, and photo -documentation of assets collected in the field. Tasks below will detail work proposed by Tetra Tech. In a previous sewer collection effort Tetra Tech performed for the City, a GIS portal was created to view the existing infrastructure via web access. Tetra TAV/sl/SW_GIS_Mapping/Attachment A - SW_GIS_Mapping.docx Tt # 200BP City of Cape Canaveral -1- 10/17/2023 lb TETRATECH Tech will add the results of this effort to existing environment and provide access to two (2) additional City Staff for a period of one year. Hosting services can be renewed annually. Task 1 - Project Management A project specific health and safety plan is developed to ensure the safety and well-being of all project participants. Potential hazards are identified, and mitigation strategies are developed to minimize risk. Maintenance of Traffic (MOT) is an important safety consideration during any field activities within public rights -of way. As discussed, the City will provide staff to access structures, and the City's existing protocol will be followed with respect to MOT. Task 2 — GIS Setup and Asset Inventory Tetra Tech's GIS team will create a GIS asset database based upon the existing as -built data provided by the City. This includes the general location of structures, outfalls, and pipe alignments and asset details. The resulting GIS data and map illustrations will be provided to the City for validation and feedback prior to field exercises. City input may identify errors and/or missing or abandoned infrastructure. A secure, live, web -based stormwater system map is made available for the City's review for the duration of the project. A team of GPS crews are deployed to the field to collect high accuracy GPS coordinates of visible stormwater assets. GPS equipment used in this approach utilizes FDOT's RTK correction service and provides horizontal accuracies from 1-2 cm and vertical accuracy from 1-4 cm. Please note, the GPS equipment used is for an asset mapping effort and the work product does not represent a survey. Buried, inaccessible, un-located assets are flagged for revisit or follow-up with City staff. In addition to horizontal x, y coordinates, the GPS equipment employed will also collect storm structure rim elevations, collected at the structure center. An additional team(s) of inspectors follow the progress of the GPS crews through a smart phone mobile map application. Tetra Tech will collect GPS coordinates of The City's assistance may be required to efficiently locate these assets. Additionally, pole mounted cameras photo -document the interior and conduits connections in each structure. A general condition of the manhole and each main connection is provided. Defects are identified a general condition score is provided. A 360-degree, down video is recorded for each structure asset deeper than 5 feet. Photos are directly tagged with assets within the mobile application as well. Inspections are flagged as complete in the mobile application that is viewable to all team members. A pole mounted camera with bright illumination is aimed down each conduit connection. View distance is up to 50'. Conduit materials, diameters, and visible defects are identified. The use of modern GIS based mobile application in this approach allow all participants to track the inspection progress in real-time. Tetra Tech requires City staff provide MOT assistance for field crews in heavily traffic areas such as Astronaut Blvd. The City's assistance in this regard serves to increase safety and reduce the overall project cost. City staff assistance is also requested in any structures located on private property or easements. Safe access to outfalls and detention areas may be difficult in some instances. In these cases, as -built data will serve as the primary data source. Additionally, photo -documentation of structures may be hindered by system storage and tidal influences. During the structure inspection, attributes are input directly into a digital structure inspection application. Inspection attributes include, but are not limited to the following: TAV/sl/SW_GIS_Mapping/Attachment A - SW_GIS_Mapping.docx Tt # 200BP City of Cape Canaveral -2- 10/17/2023 lb TETRATECH Storm Structures and Pipes/Conduits 1. Structure Type and Material. 2. Structure Depth (via laser measurement or survey pole). 3. Count, direction, and diameter, and material of storm pipe connections/conduits (if distinguishable). 4. Stormwater pipe inverts (via measure down with laser measurement or survey pole). 5. Physical Location Description — examples include east side of building behind dumpster. 6. Structure condition assessments (1- good to 5- failure). a. Overall condition rating (1- good to 5- failure). b. Defect identification c. Structural condition rating (1- good to 5- failure). d. Maintenance Condition Comments— examples include, filled with solids, obstructed flow, needs flushing. e. Recommended Maintenance Actions. 7. General Condition inspection of pipe inverts at intersection the structure. 8. Photo -documentation storm pipe connections/conduits. 9. Defect Identification at storm pipe connections/conduits. 10. 360-degree video for structures deeper than 5 feet. Tetra Tech's Project Manager and GIS team lead will keep the City informed during the course of the field effort. A project kick-off will be initiated to review the work plan, schedule, safety considerations, and to coordinate facility access. Meetings: • Kick -Off • Field Work Kick -Off (Start of Field Exercises) • Post Field Work Review/Check-Out with Client (Close of Field Exercises) • Project Results Review TAV/sl/SW_GIS_Mapping/Attachment A - SW_GIS_Mapping.docx Tt # 200BP City of Cape Canaveral -3- 10/17/2023 Th TETRATECH Task 3 — QA/QC Office Review During the active field collection, a GIS team in the office monitors the daily progress of the field crews and provides quality checks, feedback, and direction to field crews. A series of QA/QC and data validation steps evaluate the work performed and identify areas that may need re -visit or clarification from field staff. This proven daily process allows Tetra Tech to maximize field efforts and greatly minimize or eliminate the need for follow-up work once the initial field inspection phase is complete. Office staff also correct and/or digitize the geometry and interconnectivity and flow direction of the pipe network based upon key information collected by field crews' observations and measurements. This allows office staff the contact and direct field inspectors for any clarification. Task 4 — Geodatabase and Technical Memorandum Upon completion of all field exercises and QA/QC review, Tetra Tech will create a digital GIS geodatabase containing all assets, data, and photo collected in the field. A technical memorandum is produced that explains the data layers contained in the geodatabase. The memorandum also includes a general condition assessment report and illustrations based upon field observations. Any recommended maintenance recommendations are provided as well. The following tasks will be performed to prepare a technical memorandum (TM) summarizing findings: • Prepare a draft technical memorandum documenting work performed under Tasks 1 to 3. • Perform QA/QC, address comments, and submit three (3) copies of the TM to the City. • Provide a completed digital GIS database of the existing stormwater management collection system. • Meet with the City to discuss City questions and comments. • Address City comments and submit final TM along with GIS database on a digital drive. • Provide access to a web based infrastructure for Qty (2) additional users period of 12 Month(s) III. COMPENSATION The total compensation on a lump sum basis for this project is summarized below: Task 1 - Project Management and Meetings $4,352 Task 2 — GIS Setup and Asset Inventory $87,027 Task 3 - QA/QC Office Review $2,350 Task 4 - Geodatabase and Technical Memorandum $2,350 Total $96,078 TAV/sl/SW_GIS_Mapping/Attachment A - SW_GIS_Mapping.docx Tt # 200BP City of Cape Canaveral -4- 10/17/2023 TETRA TECH The attached price proposal provides details of work efforts. IV. SCHEDULE hil Task ME Duration in Calendar Days Cumulative Days After Notice to Proceed Task 1— Project Management and Meetings Task 2 — GIS Setup and Asset Inventory 90 90 Task 3 — QA/QC Office Review 30 120 Task 4 — Geodatabase and Technical Memorandum 30 150 TAV/sl/SW_GIS_Mapping/Attachment A - SW_GIS_Mapping.docx Tt # 200BP City of Cape Canaveral -5- 10/17/2023 lb TETRATECH 350 0 350 Feet 1 inch Equals 350 Feet TETRA TECH ATTACHMENT B: CITY OF CAPE CANAVERAL DRAFT STORMWATER MAP CITY OF CAPE CANAVERAL Price Proposal Labor Plan I AttachmentC 5 Resource Stormwater Management Infrastructure Mapping Proj Area> Submitted to:City of Cape Canaveral (Attn:Tim Carlisle) m Pricing by Resource Y a a 3 Contract Type:Fixed Price mN N v 3 3 c — u V Total N Y LL o Task Pricing Labor Hrs 5, > G ,y, 2 5, a G k Labor Subs Travel Mat'Is&Equip ODCs Totals Project Phases/Tasks 172 24 28 40 40 40 95,828 - 250 - - 96,078 Task 1-Project Management 20 16 4 4,102 250 4,352 Task 2-GIS Setup and Asset Inventory 128 - 8 40 40 40 87,027 - - - - 87,027 2.1 GIS Setyp 88 8 40 40 13,043 13,043 2.2 Asset Inventory 40 40 73,984 73,984 Task 3-QA/QC Office Review 12 4 8 2,350 2,350 Task 4-Geodatabase and Technical Memorandum 12 4 8 2,350 2,350 Totals 172 24 28 40 40 40 95,828 - 250 - - 96,078 Tetra Tech Page 1 of 1 Printed 10/17/2023 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • NOVEMBER 21, 2023 AGENDA ITEM SUMMARY • ITEM # 5 Subject: Approve quote from Angco Striping, Inc. in the amount of $59,138 for the striping of traffic and bike lanes on multiple roads/pedways and authorize the City Manager to execute the same. Department: Capital Projects Summary: The City takes pride in being a walkable, bikeable City with safety being the number one priority. Staff investigated many different ideas and ways to improve safety by using the Vision Zero Concept (also known as Target Zero in Florida), which is a national program focusing on dangerous driving habits and safety of pedestrians and bicyclists. It's also a strategy to eliminate traffic fatalities and severe injuries, while increasing safe, healthy and equitable mobility for all. To bring safety awareness to our bicyclists and pedestrians alike, the City will use a mixture of green Methyl Methacrylate (MMA) markings on bike lanes at intersections and divide existing pedways into safer multi -use surfaces. The green MMA markings at intersections will provide a better visual to drivers and make them aware of a lane dedicated to bicyclists (Attachment 1). Selected Firm: Angco Striping, Inc. (Angco) provided the City a quote in the amount of $59,138 to complete the qualifying streets and pedways of the above -mentioned striping and markings (Attachment 2). On the second page of the attachment are two (2) forms of artwork for both walkers and bikers. This artwork will be used on the pedways with the astronaut themed art being on North Atlantic Avenue pedway and the beach themed artwork being placed on Ridgewood Avenue pedway. Angco has many contracts with different cities in Florida; Orlando being their largest contract. The City will "piggyback" on the Orlando contract for the work to be performed. Scope of Work: The streets that are included in this work are: • Ridgewood Avenue West Pedway - center striping and special walking and biking stencils from East Central Boulevard to Grant Avenue; • North Atlantic Avenue Pedway - center striping and special walking and biking stencils from State Road (SR) A1A to the Florida Greenway Trail just north of 8911 North Atlantic Avenue (Port Canaveral Trailer Park); • Refurbishing bike lane striping on both the north and south side of East Central Boulevard between North Atlantic Avenue and Ridgewood Avenue to include green MMA markings at three intersections on the south side; • New bike lane striping on both sides of Canaveral Boulevard between East Central Boulevard and North Atlantic Avenue to include green MMA markings at eight intersections; • New bike lane striping on both sides of Canaveral Beach Boulevard from Canaveral Boulevard to East Central Boulevard to include green MMA markings at two intersections; • Refurbishing the bike lane on the south side of Center Street from SR A1A to just east of the property at 7027 Sevilla Court (Solana on the River Clubhouse); and • Refurbishing new yellow, double -striped traffic lane thermals on North Banana River Boulevard from north of 5615 North Banana River Boulevard until the road dead ends at the west side of 5807 North Banana River Boulevard (Costa del Sol Condominium). City of Cape Canaveral City Council Meeting • November 21, 2023 Agenda Item # 5_ Page 2 of 2 The implementation of new striping on Canaveral Beach Boulevard and Canaveral Boulevard will narrow the traffic lanes from approximately 20 feet to approximately 14 feet and provide additional room for bicyclists to share the road while also implementing speed management. Under the City adopted FDOT design standards, downsizing the road complies with the travel lane width of 11 feet in a 25 to 35 mile per hour zone. Furthermore, the green MMA paint and lanes have also been approved and adopted from the FDOT design standard. The center striping and special biking and walking stencils (Attachment 3) on both the North Atlantic Avenue and Ridgewood Avenue pedways will help to guide bikers and walkers that are sharing the pedway, in turn making it a safer walking and biking experience. The yellow double striping on North Banana River Boulevard has been included to address the wear and tear on the current striping (Attachment 4) Budget: These items are budgeted for FY23-24 in the following: • CIP# CR-6 • CIP# IM-9 • Infrastructure Maintenance General Funds Submitting Department Director: Tim Carlisle for Jeff Ratliff Attachments: 1: Green MMA Bike Lanes 2: Angco Striping Proposal 3: Center Line, Walking and Biking Stencils 4: Picture of worn striping on North Banana River Boulevard Financial Impact: $59,138 to Angco striping to install striping on multiple surfaces throughout the City funded by the General Fund; Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following actions: Approve quote from Angco Striping, Inc. in the amount of $59,138 for the striping of traffic and bike lanes on multiple roads/pedways and authorize the City Manager to execute the same. Approved by City Manager: Todd Morley Attachment 1 Aerial photo of Canaveral Boulevard with superimposed bike lane and green MMA markings Attachment 2 ANGCO STRIPING 1075 N Ronald Reagan Blvd Longwood,Florida 32750 Phone: (407)578-8308 www.angcostriping.com Revised Quote To: City of Cape Canaveral - Tim Carlisle Project: Edgelines and Green Bike Boxes Date: October 18, 2023 Green Bike Boxes, Green Skips, and White Thermo Item: Description: Quantity: Unit Price: Extension: 46 Solid 6", Thermo (White), Standard 1,248 LF $ 0.99 $ 1,235.52 110 MMA-Green Colored Bike Lane (4' x 28' Box) 2,912 SF $ 6.60 $ 19,219.20 110 MMA-Green Colored Bike Lane Skips 1,040 SF $ 6.60 $ 6,864.00 27 Messages, Paint(White)(Bike) 26 EA $ 65.00 $ 1,690.00 Total: $ 29,008.72 Assumes each of the 13 intersections will have a 4'x 28' green MMA box before and after the intersection with a painted bike symbol in each. Through the intersection will be 2'-4' green MMA skips. All green skips will have new 6" white thermo on either side and the boxes will have it on the "road"side of the green. Central Avenue Re-Stripe Item: Description: Quantity: Unit Price: Extension: 51 Skip 6", Thermo (White) 132 LF $ 0.99 $ 130.68 46 Solid 6", Thermo (White) 4,772 LF $ 0.99 $ 4,724.28 50 Solid 24" (White), Thermo 22 SF $ 6.35 $ 139.70 Total: $ 4,994.66 Assumes restriping the existing striping with thermoplastic. Center Street Re-Stripe Item: Description: Quantity: Unit Price: Extension: 51 Solid 6", Thermo (White) 860 LF $ 0.99 $ 851.40 27 Messages, Paint (White)(Bike) 5 EA $ 65.00 $ 325.00 Total: $ 1,176.40 Assumes restriping the existing white thermoplastic. Continued Ridgewood Ave Sidewalk Painted Messages (Surf Board/Bike) Item: Description: Quantity: Unit Price: Extension: 19 Solid 6", Paint(White) (25' at each location) 3,250 LF $ 0.65 $ 2,112.50 27 Messages, Paint(White)(Surf Board/Bike) 130 EA $ 65.00 $ 8,450.00 Total: $ 10,562.50 Assumes painting two symbols,every 100 LF with a 25'solid white line separating the symbols. N Atlantic Ave Sidewalk Painted Messages (Astronaut/Bike) Item: Description: Quantity: Unit Price: Extension: 19 Solid 6", Paint(White) (25' at each location) 3,025 LF $ 0.65 $ 1,966.25 27 Messages, Paint(White)(Surf Board/Bike) 121 EA $ 65.00 $ 7,865.00 Total: $ 9,831.25 Assumes painting two symbols,every 100 LF with a 25'solid white line separating the symbols. N Bananna River Lane Item: Description: Quantity: Unit Price: Extension: 56 Solid 6"Thermo (Yellow) 3,600 LF $ 0.99 $ 3,564.00 Total: $ 3,564.00 Grand Total: $ 59,137.53 Notes: 1. We ask for two weeks notice prior to beginning work. 2. Price above assumes any removal will be done via grinding. 3. Price assumes the Angco will provide all necessary MOT. 4. All line items above are from the City of Orlando contract. Stove Wife cll Angco, Inc. A Certified Disadvantaged Business Enterprise Attachment 3 Center line, Walking and Biking Stencils * SHARED PATH 4v Attachment 4 Worn Striping on North Banana River Boulevard CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • NOVEMBER 21, 2023 AGENDA ITEM SUMMARY • ITEM # 6 Subject: Approve quote from WAPRO USA in the amount of $76,431.00 for the purchase of a WASTOP Backflow Prevention Valve to be installed as part of the Center Street Drainage Improvement Project and authorize the City Manager to execute the same. Department: Capital Projects Summary: In Summer 2021, the City experienced several significant weather events, some of which included peak rainfall rates of up to 19.2 inches per hour. The observed rainfall that occurred within the City was 2.75 inches within the span of 45 minutes between 3:00 p.m. and 3:45 p.m. on July 7, 2021. These weather events resulted in significant flooding of streets and several private properties, especially in the Center Street Drainage Basin (CSDB), which is located primarily in the Presidential Streets area in the central and southern portions of the City. The stormwater system in the CSDB was designed and constructed in the 1960s and consists of various sizes of concrete reinforced pipe and over 75 inlets. Very few additions or improvements to the stormwater infrastructure have been made over the past 50+ years. Impervious improvements continued to be constructed in the form of private residences with concrete/asphalt driveways, patios, etc., exposing previously unknown limitations of the system's design. Stormwater from the CSDB discharges to the Banana River Lagoon (BRL) through a nutrient separating baffle box located at the western end of Center Street. Basin Improvements: As discussed in the presentation to the City Council at the April 19, 2022 Regular City Council Meeting, City Staff and the City's consultant (Mead and Hunt) proposed construction of a pump station along Center Street and installation of a tidal valve at the BRL outfall. These improvements will assist in alleviating the flooding problems previously encountered but more may need to be done in the form of additional improvements (i.e., upsizing of pipes, purchase of land for a wet detention pond, etc.). The Owner Direct Purchase of the pump was approved by City Council on October 17, 2023 in the amount of $177,685. The public bid process is complete for this project and approval of a recommended contractor is a separate Agenda Item at this City Council Meeting. Tidal Valve Funding: The WAPRO USA (WAPRO) quote in the amount of $76,431.00 is recommended for approval as an owner -direct purchase (ODP) item (Attachment No. 1). WAPRO is the sole manufacturer of the WASTOP Backflow Prevention Valve, a patent protected product line recommended by the City's consultant. A sole source letter is included as Attachment No. 2. If approved by City Council, a purchase order will be forwarded to WAPRO for purchase of the tidal valve with delivery in approximately 90 days. Construction funding for the project is from the American Rescue Plan Act (ARPA) and a Resiliency Grant from Florida Department of Environmental Protection (FDEP). Submitting Department Director: Jeff Ratliff Attachments: 1. WASTOP Backflow Prevention Valve Quote dated October 13, 2023; valid until January 1, 2024. 2. WAPRO USA Sole Source Letter. City of Cape Canaveral City Council Meeting • November 21, 2023 Agenda Item # 6_ Page 2 of 2 Financial Impact: $76,431.00 for the purchase of a tidal valve to be installed as part of the Center Street Drainage Improvement Project funded by ARPA and a FDEP Resiliency Grant. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following actions: Approve quote from WAPRO USA in the amount of $76,431.00 for the purchase of a WASTOP Backflow Prevention Valve to be installed as part of the Center Street Drainage Improvement Project and authorize the City Manager to execute the same. Approved by City Manager: Todd Morley Attachment 1 WAPRO Estimate Estimate# EST-4858 Estimate Date : October 13,2023 Expiry Date : January 01,2024 Bill To Reference#: Center Street 54" City of Cape Canaveral WaStop Valve 100 Polk Avenue Sales person : Richard Neal Cape Canaveral 32920, Florida U.S.A Project State : Florida Subject: 54"WaStop Backflow Prevention Valve Direct Purchase Quote Accepted By Accepted Date Mki& 1 W51385-53-316-FL 1 75,031.00 75,031.00 WaStop Inline check valve NPS 54"AISI 316ss body and flange inlet. Oversized flanged inlet with 1251b drill pattern. Gasket included.Concrete anchors not included. Mounting inside new control structure. See attached drawing for valve dimensions. Note:Standard length body 102.36". Flanged dimension is now 80"OD. Allow for additional clearance on all sides for anchor bolting. 2 Shipping Charges 1 1,400.00 1,400.00 Miami to Cape Canaveral via common carrier. 3 No sales tax for city purchase. 1 0.00 0.00 Items in Total 3 Sub Total 76,431.00 (Tax Inclusive) Total $76,431.00 Notes Thanks for your enquiry. Looking forward to working with you. Terms &Conditions Wapro Inc Tel:(888)92/-8677 Suite 1950 sales@wapro.com 150 N.Michigan Ave wapro.com Chicago,IL 60601 Estimated shipping cost provided,actual shipping will be prepaid and added to your invoice. Shipping from Doral,FL 33172,please allow 90 days for delivery after drawing approval. Please include applicable sales tax or provide your tax exempt certificate number with your purchase order. Wapro Inc Tel:(888)927-8677 Suite 1950 sales@wapro.com 150 N.Michigan Ave wapro.com Chicago,IL 60601 2 Attachment 2 WAPRO WAPRO USA 150 N Michigan Ave. #1959 Chicago, IL 60601 PH: 888-927-8677 Date: October 30, 2023 From: Richard Neal SE Regional Sales Manager Attention: Jeff Ratliff City of Cape Canaveral Utilities Department 100 Polk Ave Cape Canaveral, FL 32920 Reference: Manufacture and supply of WASTOP Valves Mr. Ratliff WAPRO is the sole manufacturer of the WASTOP Backflow Prevention Valve line and our slide, sluice and weir gates. As the sole manufacture of this patent protected product line we take great pride in the quality, research, design and distribution. In the State of Florida your direct representative for sales, warranty issues and technical information is Richard Neal. Pricing, warranty review and delivery are controlled by WAPRO USA, main office in Chicago IL. Thank you for requiring and requesting information on this and all WAPRO products. We look forward to working with the City of Cape Canaveral now and in the future. Thank you, Richard Neal Regional Sales Manager Office: Orlando FL WAPRO USA PH: 407 398 9868 EM: Richard.Neal@wapro.com CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • NOVEMBER 21, 2023 AGENDA ITEM SUMMARY • ITEM # 7 Subject: Approve Agenda Item policy recommendation regarding the Unfinished Business of City Council Discussion Items. Department: City Clerk's Office Summary: Historically, before adjournment of a meeting, the Mayor will ask whether it is the Council's preference to either extend the Meeting past the hour of 10:00 p.m. (as per City Code Sec. 2-69) to address or postpone any Agenda items to the next City Council Regular Meeting or later. At the August 15, 2023 City Council Regular Meeting, Council Member Discussion Items were left unaddressed before adjournment at 10:48 p.m., meaning there was no action taken by the Council to either address or postpone those Discussion Items to the next City Council Regular Meeting or later (see the attached Agenda and Minutes for August 15, 2023 Meeting). Robert's Rules of Order 12`" Edition — 41:21 5. Unfinished Business and General Orders: "The term unfinished business,' in cases where the regular business meetings of an organization...refers to questions that have come over from the previous meeting...as a result of that meeting's having adjourned without completing its order of business...", and 5. The expression "old business" should be avoided, since it may incorrectly suggest the further consideration of matters that have been finally disposed of. The City Charter, Sec 2.11(b) — Procedure: Rules and journal. The city council shall determine its own rules and order of business..." Staff recommends the City Council approve an Agenda Item policy regarding the Unfinished Business of City Council Discussion Items by this automatic method: 1. If the Unfinished Business is an ordinance, it must be announced during the Meeting that the Ordinance will be heard at the next scheduled Meeting of the Council. If it is not announced during the Meeting, the City will need to pay to re-advertise/re-notice. 2. If the Unfinished Business is a resolution, it will automatically return to the next scheduled Meeting of the Council. 3. If the Unfinished Business is a Council Member -initiated discussion item, the City Clerk's Office will send one (1) follow-up/reminder email to the Council Member(s) asking if they would like their Council Member Discussion Item(s) to appear or not appear, or be revised, on the next City Council Regular Meeting Agenda. Should the City Clerk's Office receive no response to that one (1) follow-up/reminder email, the City Clerk's Office will place such remaining Discussion Item(s) on the next City Council Regular Meeting's Agenda as Unfinished Business. City of Cape Canaveral City Council Meeting • November 21, 2023 Agenda Item # 7_ Page 2 of 2 Accordingly, such Discussion Item(s), when moved to a subsequent agenda, shall be deemed to be a new item under Unfinished Business rather than "old business", and the Discussion Item(s) will be placed at the end of the agenda. City Council will always have the option to re -order any agenda items at the beginning of the meeting under "Approval of Agenda as Written or With Amendments" section of the agenda. Submitting Department Director: Mia Goforth Attachment: City Council Regular Meeting Agenda and Minutes for August 15, 2023 Meeting. Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Approve Agenda Item policy recommendation regarding the Unfinished Business of City Council Discussion Items. Approved by City Manager: Todd Morley Attachment City of Cape Canaveral, Florida City Council Regular Meeting • August 15, 2023 Agenda • Page 2 of 2 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. ITEM FOR ACTION 1 6:45 p.m. — 7:00 p.m. 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). ITEMS FOR DISCUSSION 1 7:00 p.m. — 7:20 p.m. 9. City of Cape Canaveral collected Transportation Impact Fees (Submitted by Council Member Willis) 10. Opening the Community center on Sundays (Submitted by Council Member Kellum) REPORTS 1 7:20 p.m. — 7:30 p.m. INFORMATIONAL I Item is presented for informational purposes only; no action to be taken. 11. Monthly Financial Report —June 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 • NOVEMBER 21, 2023 AGENDA ITEM SUMMARY • ITEM # 8 Subject: Ordinance No. 11-2023; adopting amendments to the Annual General Fund, Special Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital Fund Budgets for the Fiscal Year beginning October 1, 2022, and ending September 30, 2023; providing for an effective date, second reading. Department: Administrative and Financial Services Summary: Each year, the Adopted Budget requires amendments. Ordinance No. 11-2023 (Attachment) is presented for adoption. Exhibit "A" to the Ordinance details the revenues and expenditures pertaining to the Starting Budget, Budget Transfers, and Year-end Budget Adjustments and concludes with the 2023 Ending Budget. The revenues and expenditures have been adjusted to reflect what Staff believes to be the final Budget. This shows revenue that has exceeded estimates or was under -realized. Exhibit "B" shows a complete Budget Adjustment Detail sequentially numbered by Account/Description. As with past years, the Annual Comprehensive Financial Report (ACFR) will provide the actual expenditures for this budget year. It is anticipated that the FY 2022/23 Estimated Ending Fund Balances as compared to the Budget are as follows: General Fund ($164,398) Special Revenue Fund $775,925 (Includes $589,828 Restricted Impact Fees) Capital Projects Fund - Agency Fund $20,881 Wastewater Enterprise Fund $835,566 Stormwater Enterprise Fund $536,915 At its October 17, 2023 Regular Meeting, Council approved the subject Ordinance at first reading. The Notice of Hearing was placed for advertisement in Florida Today on November 9, 2023 and the Ordinance is now presented for second reading and final adoption. Submitting Department Director: John DeLeo Attachment: Ordinance No. 11-2023 with Exhibits "A" and "B" Financial Impact: No additional financial impact is experienced through the formal adoption of the Budget Adjustments and Amendments. However, the financial impact of each Adjustment or Amendment is recorded at the face value of the Amendment. Cost of Advertisement; Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Adopt Ordinance No. 11-2023, second reading. Approved by City Manager: Todd Morley ORDINANCE NO. 11-2023 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING AMENDMENTS TO THE ANNUAL GENERAL FUND, SPECIAL REVENUE FUNDS, AGENCY FUND, CAPITAL PROJECT FUNDS, ENTERPRISE FUNDS AND ENTERPRISE CAPITAL FUND BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2022, AND ENDING SEPTEMBER 30, 2023; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. Amendments to the Annual General Fund, Special Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital Fund Budgets are attached hereto as Exhibit "A" and Exhibit "B" and made a part hereof, of the City of Cape Canaveral, Florida for the fiscal year beginning October 1, 2022, and ending September 30, 2023, 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 21 st day November, 2023. ATTEST: Mia Goforth, City Clerk Approved as to Form: Anthony A. Garganese, City Attorney First Reading: 10/17/2023 Legal Ad Published: 11/09/2023 Second Reading: 11/21/2023 Wes Morrison, Mayor Kim Davis Kay Jackson Mickie Kellum Wes Morrison Don Willis FOR AGAINST For Fiscal Year Ending September 30,2023 Ordinance No.11-2023 Exhibit A GENERAL FUND FY 2023 FY 2023 FY 2023 FY 2023 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward 2,222,000 (1,020,747) 1,201,253 Cash Forward-R&R 898,500 (499,015) 399,485 Ad Valorem Taxes 5,512,589 74,166 5,586,755 Local Option Gas Tax 361,000 (47,552) 313,448 Franchise Fees 949,066 49,923 998,989 Utility Taxes 1,302,226 223,520 1,525,746 Communications Service Tax 422,000 (30,912) 391,088 Permits&Licenses 693,450 61,167 754,617 State Grants 75,000 (75,000) ARPA Revenue 3,937,000 (3,937,000) State Shared Revenue 1,098,700 38,337 1,137,037 Local Shared Revenue 127,601 - 127,601 Charges for Services 30,818 12,829 43,647 Garbage&Recycling Revenue 1,270,215 328,907 1,599,122 Recreation Fees 300,300 (69,775) 230,525 Fines&Forfeitures 12,600 1,940 14,540 Interest Income 32,700 364,007 396,707 Fire Hydrant Rental Fee 85,637 (864) 84,773 Miscellaneous Revenue 40,750 41,720 82,470 PAL Program Revenue 12,000 46,877 58,877 Transfer from School Guard Crossing Fund 2,050 (2,050) Transfer from CRA 814,947 610,569 1,425,516 Transfer from Aerial Fund - 32,709 32,709 Contribution from Wastewater Fund 720,656 - 720,656 Contribution from Stormwater Fund 19,566 - 19,566 Other Sources Loan Proceeds 250,000 (250,000) TOTAL REVENUES 21,191,371 - (4,046,244) 17,145,127 EXPENDITURE Legislative 98,573 (27,367) 71,206 Administrative Services 540,548 51,459 592,007 Community Dev/Code Enf/Econ Dev 868,177 (3,058) 865,119 Protective Services 3,501,187 12,000 3,513,187 Fire/Rescue Services 3,008,064 405,826 3,413,890 Building 449,605 (48,935) 400,670 Infrastructure Maintenance 1,682,911 (635,669) 1,047,242 Parks Recreation+Community Affairs 1,657,649 36,000 (344,183) 1,349,466 Legal Services 309,293 35,000 (147,231) 197,062 Solid Waste 1,271,215 302,166 1,573,381 Debt Service 1,420,737 - 1,420,737 Non-Departmental 6,080,875 (3,215,317) 2,865,558 Contingency 302,537 (71,000) (395,935) (164,398) TOTAL EXPENDITURES 21,191,371 - (4,046,244) 17,145,127 Excess of Revenues Over/(Under)Expenditures - - - Page 1 of 6 For Fiscal Year Ending September 30,2023 Ordinance No.11-2023 POLICE EDUCATION FUND FY 2023 FY 2023 FY 2023 FY 2023 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Police Education Income 1,020 212 1,232 Interest Income 75 181 256 TOTAL REVENUES 1,095 - 393 1,488 EXPENDITURE Education&Training - Contingency 1,095 393 1,488 TOTAL EXPENDITURES 1,095 - 393 1,488 Excess of Revenues Over/(Under)Expenditures - - - FIRE PROTECTION FUND MIM FY 2023 FY 2023 FY 2023 FY 2023 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward R&R Interest Income 264 196 460 TOTAL REVENUES 264 - 196 460 EXPENDITURE Contingency 264 (32,513) (32,249) Transfer to General Fund 32,709 32,709 TOTAL EXPENDITURES 264 - 196 460 Excess of Revenues Over/(Under)Expenditures - - - SCHOOL CROSSING GUARD FUND FY 2023 FY 2023 FY 2023 FY 2023 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward 1,200 (1,200) - Parking Fine Surcharge 900 230 1,130 Interest Income - TOTAL REVENUES 2,100 - (970) 1,130 EXPENDITURE Transfer to General Fund 2,100 (2,100) - Contingency 1,130 1,130 TOTAL EXPENDITURES 2,100 - (970) 1,130 Excess of Revenues Over/(Under)Expenditures - - - Page 2 of 6 For Fiscal Year Ending September 30,2023 Ordinance No.11-2023 LIBRARY FUND FY 2023 FY 2023 FY 2023 FY 2023 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward Ad Valorem Taxes 70,193 983 71,176 Ad Valorem Tax Delinquent 50 (50) Tax Penalty Income 60 (19) 41 Interest Income 7,380 (194) 7,186 Interest-Tax Collections 42 170 212 TOTAL REVENUES 77,725 - 890 78,615 EXPENDITURE Operating Expenses 34,275 (8,446) 25,829 Capital Purchases 30,000 (3,901) 26,099 Contingency 13,450 13,237 26,687 TOTAL EXPENDITURES 77,725 - 890 78,615 Excess of Revenues Over/(Under)Expenditures - - - CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY FY 2023 FY 2023 FY 2023 FY 2023 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward - - Shared Revenue from Cape Canaveral 1,099,809 - 1,099,809 Shared Revenue from Brevard County 1,099,809 (41,247) 1,058,562 Interest Income 288 3,629 3,917 Transfer from General Fund 250,000 (108,042) 141,958 Transfer from Stormwater - - TOTAL REVENUES 2,449,906 - (145,660) 2,304,246 EXPENDITURE Operating Expenses 5,999 (1,757) 4,242 Capital Purchases 1,232,312 (565,050) 667,262 Debt Service 867,270 - 867,270 Transfer to General Fund 608,680 608,680 Contingency 344,325 (187,533) 156,792 TOTAL EXPENDITURES 2,449,906 - (145,660) 2,304,246 Excess of Revenues Over/(Under)Expenditures - - - IMPACT FEES FUND FY 2023 FY 2023 FY 2023 FY 2023 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Interest Income - 2,061 2,061 Impact Fees-Police 19,250 477 19,727 Impact Fees-Fire/Rescue 3,376 9,821 13,197 Impact Fees-Transportation - - Impact Fees-Parks/Recreation 22,700 487 23,187 Impact Fees-General Government 15,850 450 16,300 Impact Fees-Aerial Fire Truck 9,520 (9,520) - Impact Fees-Library 12,000 245 12,245 Transfer from General Fund - 503,111 503,111 TOTAL REVENUES 82,696 - 507,132 589,828 EXPENDITURE Contingency 82,696 507,132 589,828 TOTAL EXPENDITURES 82,696 - 507,132 589,828 Excess of Revenues Over/(Under)Expenditures - - - Page 3 of 6 For Fiscal Year Ending September 30,2023 Ordinance No.11-2023 LAW ENFORCEMENT TRUST FUND FY 2023 FY 2023 FY 2023 FY 2023 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward 5,229 (5,229) - Interest-State 1,650 (1,613) 37 Contraband Income 45 (45) - Transfer from General Fund 27,768 27,768 TOTAL REVENUES 6,924 - 20,881 27,805 EXPENDITURE School Resource Officer 6,924 - 6,924 Contingency - 20,881 20,881 TOTAL EXPENDITURES 6,924 - 20,881 27,805 Excess of Revenues Over/(Under)Expenditures - - - Page 4 of 6 For Fiscal Year Ending September 30,2023 Ordinance No.11-2023 WASTEWATER ENTERPRISE FUND FY 2023 FY 2023 FY 2023 FY 2023 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward 644,500 (644,500) Utility Operating Income 4,667,300 (19,753) 4,647,547 Utility Penalty Income 70,000 (10,788) 59,212 Sewer Assessment Fees 84,000 11,090 95,090 Reuse Hook-Up Fees 2,925 (2,925) Reclaimed Water Revenue 91,650 662 92,312 Investment Income 2,520 9,558 12,078 Sale of Fixed Assets 2,000 5,700 7,700 Miscellaneous Income 2,000 5,484 7,484 State Grants - Transfer from General Fund 2,500,000 (2,271,103) 228,897 Transfer from CC CRA Fund 52,324 - 52,324 SRF Loan Proceeds 1,320,000 (365,723) 954,277 TOTAL REVENUES 9,439,219 - (3,282,298) 6,156,921 EXPENDITURE Personal Services 1,913,966 (130,695) 1,783,271 Operating Expenses 1,597,455 (527,921) 1,069,534 Debt Service 666,911 (36,414) 630,497 Contribution to General Fund 720,656 - 720,656 Capital Outlay 4,464,500 35,430 (3,382,533) 1,117,397 Contingency 75,731 (35,430) 795,265 835,566 TOTAL EXPENSES 9,439,219 - (3,282,298) 6,156,921 Excess of Revenues Over/(Under)Expenses - - - Page 5 of 6 For Fiscal Year Ending September 30,2023 Ordinance No.11-2023 STORMWATER ENTERPRISE FUND FY 2023 FY 2023 FY 2023 FY 2023 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward 626,500 (626,500) Stormwater Utility Fees 1,087,800 4,266 1,092,066 Investment Income 1,380 5,764 7,144 Miscellaneous Income - - Transfer from General Fund 1,175,000 (1,063,853) 111,147 TOTAL REVENUES 2,890,680 - (1,680,323) 1,210,357 EXPENDITURE Personal Services 366,873 4,219 371,092 Operating Expenses 271,230 (124,310) 146,920 Contribution to General Fund 19,566 - 19,566 Capital Outlay 1,501,500 (1,365,636) 135,864 Contingency 731,511 (194,596) 536,915 TOTAL EXPENSES 2,890,680 - (1,680,323) 1,210,357 Excess of Revenues Over/(Under)Expenses - - - Page 6 of 6 General Ledger Ordinance No. 11-2023 _ Budget Adjustment Summary Exhibit B r.IskocEA74,144. City ofmk Cape Canaveral I ■6I DATE ACCOUNT NUMBER DESCRIPTION BEGINNING BUDGET CHANGE ENDING BUDGET 10/1/2022 001-007-541-563000 CAPITAL- INFRASTRUCTURE 587,000 (587,000) - 001-007-541-563001 CAPITAL-R&R 18,000 (18,000) - 001-007-541-564000 CAPITAL- MACHINERY&EQUIP 83,000 (83,000) - 001-007-541-563002 MOBILITY/STRIPING/SIDEWALK - 34,000 34,000 001-007-541-563003 OAK LANE IMPROVEMENTS - 551,500 551,500 001-007-541-563302 CENTRAL BLVD IMPROVEMENTS - 1,500 1,500 001-007-541-563218 BEACH CROSSOVER IMPROVEMENTS - 18,000 18,000 001-007-541-563219 CITY HALL MAINTENANCE - 25,000 25,000 001-007-541-563220 SOLAR PEDWAY LIGHTS - 58,000 58,000 001-011-572-563000 CAPITAL- INFRASTRUCTURE 200,678 (200,678) - 001-011-572-563001 CAPITAL-R&R 171,000 (171,000) - 001-011-572-564000 CAPITAL- MACHINERY&EQUIP 45,000 (45,000) - 001-011-572-563221 SCULPTURES - 3,000 3,000 001-011-572-563222 EDUCATIONAL VIDEOS - 12,000 12,000 001-011-572-563223 VETERANS PARK REDEVELOPMENT - 200,678 200,678 001-011-572-563224 PATRIOT'S PARK REDEVLOPEM ENT 100,000 100,000 001-011-572-563225 MANATREE TRAIL/BOARDWALK REPAIRS - 42,000 42,000 001-011-572-563226 CANAVERAL CITY PARK UPGRADE - 23,000 23,000 001-011-572-564213 VEHICLE REPLACEMENT - 36,000 36,000 106-016-559-563001 CAPITAL- INITIATIVES 912,000 (912,000) - 106-016-559-563226 CANAVERAL CITY PARK UPGRADE - 200,000 200,000 106-016-559-563227 CIVIC HUB REDEVELOPMENT - 250,000 250,000 106-016-559-563228 CAPE CENTER - 462,000 462,000 3/23/2023 001-017-901-999000 CONTINGENCY 302,537 (35,000) 267,537 001-013-514-531300 SPECIAL MAGISTRATE SERVICES 15,000 35,000 50,000 5/23/2023 401-010-535-599000 CONTINGENCY 75,731 (35,430) 40,301 401-010-535-564233 SODIUM BISULFATE 65,000 35,430 100,430 5/31/2023 001-011-572-534000 CONTRACT SERVICES 221,533 (6,000) 215,533 001-011-572-533000 PROFESSIONAL SERVICES 44,216 (6,000) 38,216 001-011-572-540000 TRAVEL&PER DIEM 1,476 (1,200) 276 001-011-572-552110 SPECIAL EVENTS SERVICES 20,830 12,000 32,830 001-011-572-540000 UNIFORMS - 1,200 1,200 6/1/2023 001-017-901-999000 CONTINGENCY 267,537 (36,000) 231,537 001-011-572-534000 CONTRACT SERVICES 215,533 36,000 251,533 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • NOVEMBER 21, 2023 AGENDA ITEM SUMMARY • ITEM # 9 Subject: Ordinance No. 12-2023; amending Chapter 110 — Zoning, Article IX. — Supplementary District Regulations, Division 2. — Offstreet Parking Related to Minimum Parking Requirements for Restaurants and Bars; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, first reading. Department: Community and Economic Development Summary: At its December 20, 2022 Regular Meeting, the City Council heard from patrons of Ellie Mae's Tiki Bar, located at 120 Jackson Avenue, that City parking requirements are overly burdensome. Council requested that Staff and the Planning and Zoning Board (Board) review current off-street parking standards related to bars and restaurants and determine if a Code change is needed (Attachment 1). At its July 12, 2023 and September 14, 2023 Regular Meetings, the Board discussed the matter to include potential alternatives to the current parking requirements for bars and restaurants. These standards are located in Sec. 110-491 of the City's Code, and require one (1) off-street parking space for every three seats in a bar or restaurant. To provide context for the discussion, the Board was provided a summary of relevant City policy regarding planning for transportation and parking facilities, to include: • 2019's Resilient Cape Canaveral Plan (RCCP) states that the City: "Assess local codes to minimize the land area devoted to parking by reducing parking stall dimensions, promote shared parking and reduce the minimum number of parking spaces required. This will result in a reduction of impervious pavement and will lead to decreased stormwater runoff, increased natural filtration, reduction of the heat island effect, and an improvement to water quality." • 2021's Resilient Cape Canaveral Action Plan (CCAP) states: "Accessible, clean and safe modes of transportation are key factors in designing a community that is "bikeable and walkable". The City's Vision Statement prioritizes a transportation system that does not solely rely on cars as the primary form of transportation, but instead encourages alternative modes. Because transportation design in the US is moving away from roadway designs that prioritize the automobile, the streets of tomorrow will be designed to safely and efficiently incorporate pedestrian, bike, scooter and vehicle traffic. Commonly known as Complete Streets, this type of transportation thinking allows for communities to plan for multiple modes of travel for all ages and abilities to include designs that utilize ADA compliant principals. In the City of Cape Canaveral (1.9 square miles) walking and biking is vital and often utilized as a primary mode of transportation." Since the early 1980's there have been no Code revisions related to the City's minimum offstreet parking requirements (see Sec. 110-491 — Number of Spaces Required). However, with the adoption of Ordinance No. 06-2020, the Council began implementing parking space reductions on an incentive basis using recommendations contained in the 2019 RCCP, to include parking space reductions for: • Substitution of up to 30 percent of required parking with compact vehicle parking; City of Cape Canaveral City Council Meeting • November 21, 2023 Agenda Item # 9_ Page 2 of 3 • Reduction of up to 10 percent of the required parking spaces, provided that 10 percent or more of the required spaces use a pervious, hard surface; and • Substitution of up to 5 percent of required automobile parking with motorcycle spaces. As part of its due diligence, Staff surveyed parking best practices used by other municipalities (Attachment 2); among these alternatives, the majority base the number of parking spaces on one or more of the following: • Number of seats; • Square footage (calculated by gross floor area, outside floor area, or service area only); • Number of employees; or • Maximum occupancy capacity. The Board considered options to traditional modes of personal transportation since the Code was written to include walking, biking, ride sharing services, etc., and how this affects the need for City required off-street parking standards. Peg Schaller, the owner of Ellie Mae's, spoke and suggested that there are many options for a patron who is travelling to her establishment to use other than an automobile. She stated that her business continues to be successful after four years with only a limited number of parking spaces. She suggested that the private market should address parking, not the City. The Board heard testimony that a continuation of the current Code Enforcement Stay, related to off-street parking which the Council established in August of 2022, would be detrimental to local businesses as they cannot make plans without some direction on the matter from the City. The Board also discussed the City's potential role in providing public parking, particularly through the Community Redevelopment Agency. Finally, the Board found that should there be unforeseen issues related to the elimination of off-street parking for bars and restaurants in the future, the issue could be revisited by the Board and appropriate Code changes recommended to the Council. While existing parking requirements for restaurants and bars do not address all scenarios, they have been generally effective in providing the required number of parking spaces for bars and restaurants. In the past 10 years, Staff is aware of only two situations where the lack of parking at a bar or restaurant became a City code enforcement issue. These include the expansion of Preachers Bar at 8699 Astronaut Boulevard and the expansion of Southern Charm restaurant at 8501 Astronaut Boulevard. The former was addressed through a Unity of Title action, where the owner purchased an adjacent property for parking, and the latter was resolved by reconfiguring the site layout to provide additional parking. As part of Staff's presentation to the Board, an alternative to a City-wide repeal was introduced that would limit eligibility for reductions to offstreet parking requirements to certain parts of the City. The intent was to use locational criteria found in more traditional neighborhood settings to support parking reductions, as this setting provides more access via walking, biking, etc. Proposed standards included: 1. Access to the bar/restaurant be limited to a two-lane public road; 2. Access to the bar or restaurant property cannot be via A1A; and City of Cape Canaveral City Council Meeting • November 21, 2023 Agenda Item # 9_ Page 3 of 3 3. Signage be limited to a single ground sign no more than four (4) feet in height, which cannot be visible to/from SR A1A. At the conclusion of the September 13, 2023 Public Hearing (Attachment 3), the Board unanimously recommended the Council eliminate minimum off-street parking requirements for bars and restaurants in all zoning districts. To this end, the City Attorney has prepared Ordinance No. 12-2023 (Attachment 4), that also requires that new parking spaces, drive aisles and drives be subject to the City's site plan approval process. The Ordinance is now presented for Council consideration. Canaveral Fire Rescue and the Brevard County Sheriff's Office have reviewed the proposed Ordinance. Neither had comments. Submitting Department Director: David Dickey Attachments: 1. City Council Regular Meeting Minutes — December 20, 2022 2. Municipal Parking Survey 3. Planning and Zoning Board Regular Meeting DRAFT Minutes — September 13, 2023 4. Ordinance No. 12-2023 Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Approve Ordinance No. 12-2023 on first reading. Approved by City Manager: Todd Morley City of Cape Canaveral, Florida City Council Regular Meeting • December 20, 2022 Minutes • Page 3 of 6 Attachment 1 5. Accept the Presidential Streets Master Plan and authorize Staff to obtain a proposal for a Phase II Study for one-way, street -specific recommendations: City Manager Morley explained the Item. Community and Economic Development Deputy Director Eichholz discussed the purpose and challenges of the proposed long-range Plan to enhance the overall sustainability and resilience of the City's infrastructure. Senior Planner Kyle Harris introduced himself, acknowledged the foundation of the proposed Plan created by former Senior Planner Defoe-Surprenant, and further discussed the intention of the proposed multi -generational Plan which will extend into the middle of the century. Kimley-Horn Vice -President Kelley Klepper and Senior Planner Colleen McGue presented the Plan to Council. Council thanked the Kimley-Horn Team and Staff. Discussion ensued and included the importance of the Plan, aligning with the Community Vision, working toward green infrastructure and low -impact development, support for and how Council agreed to go forward with the Plan at the March 2022 Strategic Planning Retreat, results of the Survey and community outreach meetings, attendees at outreach meetings expressed preference for a one-way street design versus more mixed results from the Survey, and concerns of residents regarding first responders on one-way streets. Deputy Director Eichholz discussed how considering a Phase II Study for one-way streets could be a powerful tool, and displays that the City is performing its due diligence in terms of stormwater mitigation and reducing flooding. City Manager Morley discussed how the action recommended to Council is an acknowledgement with no costs at this point. A motion was made by Council Member Willis, seconded by Mayor Pro Tem Raymond, to accept the Presidential Streets Master Plan and authorize Staff to obtain a proposal for a Phase II Study for one-way, street -specific recommendations. The motion carried 5-0. Mayor recessed the meeting at 7:34 p.m. The meeting was reconvened at 7:46 p.m. 6. Consider Proposal from Kimley-Horn and Associates, Inc. in the amount of $10,000 for the completion of an engineering parking analysis for bars and restaurants, and authorize the City Manager to execute same: City Manager Morley explained the Item. Peg Schaller, resident and business owner, discussed other cities lifting parking restrictions nationwide, suggested the City need not spend money for an analysis, and cautioned against the idea of shared parking with an adjacent business due to safety concerns. Discussion ensued and included the impact of large parking spaces in regard to tax revenues, support for holding off on a parking study, the need for sufficient parking, the Planning and Zoning Board and Staff could provide similar levels of analysis without the consultant, the need to respect recommendations from advisory boards, alternatives such as parking garages and small parking lots, and support for the parking analysis. Kimley-Horn Vice -President Kelley Klepper discussed the long-standing relationship between Kimley-Horn and the City and suggested a compromise to Council by providing City Staff with impartial, third -party peer -reviewed research and data gathered from similar, beach -side municipalities such as the Cities of Venice and Sebastian, and to help facilitate/work with the City on its own parking analysis. City Manager Morley stated the Code Enforcement Stay on parking restrictions would continue as the City completes that analysis. Discussion ensued and included analyzing zoning and classifications related to neighborhoods versus areas along A1A, differences between businesses and other drinking establishments, parking issues along North Atlantic Avenue, and competition between businesses. City Manager Morley discussed the idea of purchasing properties adjacent to Ellie Mae's Tiki Bar Restaurant that could be CRA funded and include public safety improvements to alleviate parking problems and suggested Staff could research and report back to Council about those opportunities and findings. Discussion continued regarding Council options should the efforts of Staff and the Planning and Zoning Board end up being unsuccessful, desire to study and discuss purchasing procedures of public City of Cape Canaveral, Florida City Council Regular Meeting • December 20, 2022 Minutes • Page 4 of 6 properties in January with the Council and City Attorney before pursuing the opportunities for the sake of transparency and accountability. Council reached consensus to take no action on the Agenda Item, to accept Kimley-Horn's offer to share informal peer -reviewed research data and provide assistance to the City in order for Staff and the Planning and Zoning Board to come up with a regulatory change to address parking regulations in the City, and to wait for Council direction in January for pursuing public properties adjacent to Ellie Mae's. Online attendee David Ziemlak, Fillmore Avenue, discussed support for removing parking minimums, and concerns over public parking. 7. Consideration of a Development Order related to a Lot Split Application submitted by Mike DiChristopher (Applicant) for the division of vacant land located at the eastern terminus of E. Central Boulevard at Ridgewood Avenue (Tax Parcels #24-37-14-51-9-21.01 and 24-37- 14-51-9-21.02) into two (2) lots of record for development purposes: City Attorney Garganese explained the Item and provided instruction to proceed. Community and Economic Development Department (CED) Director Dickey discussed the status of the Lot Split Application since the last City Council Meeting of October 18, 2022, the Applicants' submittal of a supplemental lot split application which was withdrawn during the Planning and Zoning Board Meeting of December 7, 2022, after which Staff continued analysis with the result and finding located in the draft Development Order requested by Council and prepared by the City Attorney. CED Director Dickey discussed Staff's opinion for denial of the Lot Split Application. City Attorney Garganese stated Council was provided with an advance copy of the draft Development Order. Michael Allen, Allen Engineering Inc., was sworn in by the City Attorney, confirmed he reviewed and agrees with the Order, and stated the Lot Split is not consistent with City Code and therefore should be developed as a single lot. Applicants' Attorney Kim Rezanka representing Mr. and Mrs. DiChristopher requested the City Council reject the draft Order and approve a variance, submitted/distributed a Packet into the record, discussed City Code Chapter 98-4 — Variance and how the DiChristophers meet those requirements, therefore suggesting a way to rectify the issues. Attorney Rezanka indicated that to deny the request would be unreasonable, unfair and would result in de -valuing the property. City Attorney Garganese described the seventeen -page, document submitted into the record by Attorney Rezanka on behalf of Michael A. DiChristopher. Patrick Campbell, 307 Surf Drive, discussed history related to the Item, the City Code and expressed support for denying the Lot Split Application. City Attorney Garganese advised Council regarding the history of the property related to actions taken by the previous owner, the City Council in 1962 and 1984, City Code Chapter 98 Subdivisions which regulates the division of land locally, how Mr. DiChristopher is requesting that Lot 21 be divided in a manner consistent with the two tax parcel identification numbers, and advised how the Code's Lot Split criteria are applicable to determine whether or not the remainder of Mr. DiChristopher's Lot 21 should be divided into two developable lots. City Attorney Garganese further explained the draft Development Order recognizes the western 25 feet of the subject property is still owned by Mr. Pindziak, and the draft Order recognizes the remainder of Lot 21 for development purposes is consistent with the R1 Zoning District if the Council were to deny this Application. Mr. Allen explained his reversal of opinion to agree with denial of the Application for Lot Spit. Mayor recessed the meeting at 9:16 p.m. The meeting was reconvened at 9:20 p.m. Discussion ensued and included use of the Lot Split Application as the appropriate method to divide the remainder of the property into a developable lot representing the two tax parcels. City Attorney Garganese discussed the Applicant Counsel's alternative of a variance not being at issue, explained setback requirements that apply to the Lot and not the tax parcel, and the need to Attachment 2 Restaurant Parking Survey City Regulation Cape Canave ral, FL Sec. 110-491(1): One space for each three seats Boca Raton, FL Sec. 28-1655 (p) Restaurants, bars and nightclubs: 1 motor vehicle parking space for each 35 square feet of gross floor area excluding food preparation areas, drink preparation areas, storage areas and other areas not directly utilized by the public in patronizing such establishments, plus 1 motor vehicle parking space for each 2 linear feet of bar. As an alternative, with respect to a restaurant which may be located as a defined permitted accessory use in a zoning district in a building which is primarily devoted to permitted non -accessory uses, parking may be provided based on a study using the methodology established in the "Shared Parking Study and Analysis" of the Urban Land Institute, 1983, as it may be amended from time to time. Bicycle parking spaces: 5 percent of required number of motor vehicle parking spaces; at least 40 percent should be long term and at least 40 percent short term. Clermo nt, FL Sec. 98-14. 1 space per Per 4 Seats (including outdoor seating), plus 1 space for each four employees. In the Central Business District, 0.5 spaces per Per 4 Seats (including outdoor seating), plus 1 space for each four employees. Cocoa, FL Sec. 1(d)(39). Free-standing, traditional restaurants shall provide One (1) space per each three (3) seats or seating places. Traditional restaurants within a multi -use or mixed -use building shall provide one (1) space per each four (4) seats or seating places; one (1) space per employee on the largest working shift. Restaurants with no seating shall provide one (1) space per employee on the largest working shift. If a pickup area is provided, three (3) additional spaces shall be provided. Fast-food restaurants shall provide one (1) space per two hundred(200) square feet, plus five (5) stacking spaces for drive -through. Traditional and fast-food restaurants shall be subject to section (d)(47), parking area ratio. Open-air seating shall be calculated at 50% of the above rates. Approved sidewalk cafes located on public right-of-way are exempt from parking requirements. Dunedi n, FL 105-24.4.8 - Bicycle Oriented The Planning & Development Director may authorize up to a two -space reduction in the number of required off-street parking spaces for developments that provide a decorative bike rack capable of holding ten bicycles. Naples, FL Sec. 50-104 (15) Restaurants, cocktail lounges and private or public clubs which serve food or beverages: One space per 100 square feet of gross floor area. Sec. 56-126 (d)(2)(f). Parking requirements will be three spaces for every 1,000 square feet of outdoor dining area. Mt. Dora 6.5.2(2)(c). Restaurants and other eating establishments: One space for each four seats plus one space for each employee on the largest shift. Tamara c, FL 10-43 (D)(2) Food and Beverage Services - 1 per 100 SF Brevard County Sec. 62-3206(c)(29) Restaurants, cocktail lounges and other eating and drinking establishments: one space for every 100 square feet of gross floor area of the building including outdoor seating. Aventur a, FL Sec. 31-171(b)(10) Restaurants, traditional. One space per 200 square feet gross floor area. Venice, FL Table 3.6.3 Bars and Taverns, Brewpub, QSR, SDR: Minimum: 6 per 1,000 SF; Maximum: 10 per 1,000 SF Parking requirements may be modified through an Alternative Parking Plan (APP) done by a registered professional engineer or certified land use planner. Stuart, FL Sec. 6.01.09 Restaurant, General: 1 per 3 seats based on the maximum seating capacity of the building, plus 1 space per employee Sec. 6.01.19. — Payment in lieu of parking program - In lieu of providing up to three parking spaces required for any use located in Stuart Community Redevelopment Area, a developer may pay into the "Stuart Payment in Lieu of Parking Trust Fund" a sum of money that is the product of the number of parking spaces required but not provided and the current cost to provide a single parking space in the Stuart Community Redevelopment Area. ($9,465 per parking space as determined by Public Works Director using formula found here: https://library.municode.com/fl/stuart/codes/land development code?nodeld=CHVITEOT EDEST 6.01.00TRSY S6.01.19PALIPAPR) Fairfax County, VA Restaurants <5,000 sf: 10 per 1,000 SF Restaurants >5,000 sf: 11 per 1,000 SF Outdoor seating (<5,000 SF): Up to 20 seats excluded from parking calculations Outdoor seating (>5,000 SF): Up to 32 seats excluded from parking calculations Collier County, FL Sec. 4.05.04: 1 per 60 square feet for public use areas including outdoor eating areas or 1 per 2 seats, whichever is greater, and for non public use areas (kitchen, storage freezer, etc.) 1 per 200 square feet. City Manager or designee may determine that the required number of spaces is excessive for a specific use based upon an analysis of factors. Landscaping shall be substituted in lieu of parking with said areas reserved for future parking. Fort Lauderd ale, FL Sec. 47-20.2: Restuarants <4,000 sf: 1 per 100 sf gfa; including outdoor dining area on the site Restaurants >4,000 sf: 1 per 30 sf customer service area including outdoor dining area on the site + 1 per 250 gross floor area Seattle, WA Sec. 23.54.015: No parking required for first 2,500 gfa for non-residential uses; then, 1 per 250 sf Pompa no Beach, FL Table 155.5102.D.1: 1 per 4 persons of maximum occupancy capacity of customer service area(s). Decatur , GA Sec. 7.1.3: Minimum: 1 per 500 gfa; Maximum: 1 per 200 gfa Dundee , FL Sec. 3.03.02: 0.4 per seat; up to 30% of parking can be reduced by paying in -lieu fee to be determined by commission 25% reduction in downtown parking district PZB/LPA Board Minutes September 13, 2023 - DRAFT Page 2 of 4 Attachment 3 2. Interview Board Applicant — Daniel Sharpe introduced himself as a resident at 336 Harbor Drive, and gave a brief background of his professional experience. Mr. Dickey informed the Board that Mr. Sharpe has a strong background in real estate and development. Discussion ensued between the Board and Mr. Sharpe regarding his experience, current opinions of the City's development, and how he can contribute to the Board and City. Vice Chairman Price motioned to recommend Mr. Sharpe's application to the Council for acceptance as a Member of the Planning and Zoning Board, Board Member Stroud seconded the motion. The motion carried unanimously. B. Quasi-Judicial/Comprehensive Plan Amendments (Legislative — Public Hearings): 3. Consideration of Ordinance No. XX-2023 to amend the City of Cape Canaveral Comprehensive Plan Future Land Use Element by Establishing a Mixed -Use (MXU) Land Use Category and Related Objective and Policies, providing for the repeal of prior inconsistent Ordinances and Resolutions, incorporation into the Comprehensive Plan, an effective date and legal status of the Plan amendments. Mr. Harris informed the Board the ordinance is ready for final consideration by the Board, and be presented to Council. He shared a slide presentation to review the MXU Land Use requirements. Discussion ensued involving criteria for live -work units in industrial and commercial zoning districts, larger high -quality projects which will have greater impact, and the requirement for an extensive submittal package. Mr. Dickey discussed the heightened public involvement proposed by the Ordinance. Chairman Russell had a concern regarding the language in Objective LU-1.8.B, line 291, where it indicated live -work units would be "accessory" to the commercial and/or industrial uses on the property. He suggested amending the verbiage to state "complimentary." Attorney Garganese reminded the Board that the current Comprehensive Plan directs the city to establish a mixed used designation, which is the purpose of the proposed Ordinance. Chairman Russell opened the floor to the public. Mr. Daniel Sharpe shared his observations of what can be expected from developers due to mix of uses. He feels the new ordinance will be beneficial to the City, and that current Code restrictions discourage development. Mixed -use living with retail, bars, entertainment, arts and culture is needed. This type of development in the Economic Opportunity Overlay District will draw people. Chairman Russell thanked Mr. Sharpe for his comments, and thanked Staff for preparing the Ordinance. He closed Public Comments. Vice Chairman Price motioned to recommend approval of the Ordinance, as amended to include the term complimentary, seconded by Board Member Denny. The vote carried unanimously. 4. Discuss potential alternatives to the current parking requirements for restaurants/bars specified in Sec. 110-491 of the Cape Canaveral's Land Development Regulations. PZB/LPA Board Minutes September 13, 2023 - DRAFT Page 3 of 4 Mr. Harris reintroduced the restaurants/bars parking surveys from July's meeting indicating parking requirements in various municipalities across the state and country. Mr. Dickey shared with the Board some background as to why the Council tasked the Board to make recommendations for bars and restaurants parking policies. He informed the Board Staff has included some suggestions in the Agenda Packet to consider. Discussion ensued regarding reasons to adopt alternate parking requirements for restaurants/bars, parking policies in various municipalities, public parking lots, parking garages and bike racks. Board Member Denny reminded the Board of her research, which she presented at the July meeting, of municipalities that repealed parking requirements and how it has been successful. Peg Schaller reintroduced herself and shared her personal experience and concerns with parking at her business, Ellie Mae's Tiki Bar at 116 Jackson Avenue. She believes the parking requirements should be driven by the private market, not the City. She informed the Board of the urgent nature of this matter as she is trying to make long-term business decisions, and parking is a consideration. Discussion continued between the Board and Staff regarding the Community Redevelopment Agency (CRA) funding projects such as a public parking lot, and how parking affects the City's overall success. Board Member Miller suggested to repeal the parking requirements to avoid penalizing businesses and to discuss parking garages and other options at a later meeting. Chairman Russell invited Mr. Daniel Sharpe to speak. Mr. Sharpe agreed that the synergy needs to continue as developers need to understand what their opportunities are. Now is the time to make a decision and if adjustments are needed in the future, that can be addressed later. Additionally, he encouraged the Board to reconsider the height Ordinance. Vice Chairman Price motioned to recommend to City Council to eliminate minimum off-street parking requirements for bars and restaurants in all zoning districts, seconded by Board Member Miller. The vote carried unanimously. Chairman Russell recessed the meeting at 7:58 p.m. The meeting reconvened at 8:08 p.m. 5. Hilton Garden Inn — PIN# 24-37-15-00-804 — Site Plan Approval. Mr. Harris shared a slide presentation which included general information of the Owner and Applicant, McKibbon Hotel Group Inc. The parcel is zoned is C2, as well as C2 Future Land Use, and is located within the A1A Economic Opportunity Overlay District (EOOD) and the Community Redevelopment Area. This hotel structure was approved by the Community Appearance Board on January 25, 2023 with conditions. He stated that the City Engineer recommended approval of the site plan. He stated that site plan approval is largely a technical review, which ensures a project is consistent with City Code. Staff recommends the Board recommend approval of the site plan. The Board invited Mike Allen with Allen Engineering to the podium. Discussion ensued with questions and answers regarding this site design. Mr. Harris added to the discussion that there will be permeable pavement and EV charging stations at this site. Board Member Stroud motioned to recommend approval of the site plan, second by Board Member Denny. The vote carried unanimously. Attachment 4 1 ORDINANCE NO. 12-2023 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 4 CANAVERAL, FLORIDA; AMENDING CHAPTER 110 — ZONING, 5 ARTICLE IX. — SUPPLEMENTARY DISTRICT REGULATIONS, DIVISION 6 2. — OFFSTREET PARKING RELATED TO MINIMUM PARKING 7 REQUIREMENTS FOR RESTAURANTS AND BARS; PROVIDING FOR 8 THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND 9 RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY 10 AND AN EFFECTIVE DATE. 11 12 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State 13 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by 14 law; and 15 16 WHEREAS, the City Council is aware that in recent years some local governments have 17 reformed their respective local offstreet parking requirements by reducing or eliminating the 18 minimum number of offstreet parking spaces for new development and redevelopment for a 19 variety of land uses; and 20 21 WHEREAS, these local governments considered a variety of stated objectives such as 22 prioritizing limited space and promoting people over parking, reducing development costs, 23 reducing excess parking, promoting shared parking, reducing traffic by promoting bikeability and 24 walkability improvements to businesses, revitalizing underutilized buildings, increasing tax 25 revenue by prioritizing increased building intensities over parking spaces, providing site 26 development flexibility, boosting small businesses, encouraging infill development, promoting 27 housing development and addressing environmental sustainability concerns; and 28 29 WHEREAS, the City Council recognizes that the City of Cape Canaveral is a barrier island 30 with a limited total geographical area of 2.3 square miles and that space for commercial, 31 residential, industrial, recreational, conservation, and other uses is very limited and constrained; 32 and 33 34 WHEREAS, the City Council desires to take an incremental approach to eliminating the 35 minimum number of offstreet parking spaces for only restaurants and bars to promote the 36 creation of traditional public gathering spaces frequently desired and visited by the citizens of 37 Cape Canaveral; and 38 39 WHEREAS, even though the minimum number of offstreet parking spaces is being 40 eliminated for restaurants and bars, the City Council expects that developers and business owners 41 will still have a strong incentive during the site plan approval process to manage and optimize 42 the number of parking spaces to successfully support the parking demands generated by their City of Cape Canaveral Ordinance No. 12-2023 Page 1 of 4 1 restaurants and bars; and 2 3 WHEREAS, the Planning & Zoning Board recommended approval of eliminating the 4 minimum number of offstreet parking spaces for restaurants and bars at a duly held public 5 meeting on September 13, 2023; and 6 7 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this 8 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of 9 Cape Canaveral. 10 11 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 12 ORDAINS, AS FOLLOWS: 13 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by 14 this reference as legislative findings and the intent and purpose of the City Council of the City of 15 Cape Canaveral. 16 17 Section 2. Amending Chapter 110 - Zoning, Article IX. — Supplementary District 18 Regulations, Division 2. — Offstreet Parking. The City of Cape Canaveral Code of Ordinances, 19 Chapter 110 - Zoning, Article IX. — Supplementary District Regulations, Division 2. — Offstreet 20 Parking is hereby amended as set forth below (underlined type indicates additions and strikeout 21 type indicates deletions, while *** indicate deletions from this Ordinance of said Chapter 110 — 22 Zoning, Article IX. — Supplementary District Regulations, Division 2.—Offstreet Parking shall remain 23 unchanged in the City Code): 24 25 CHAPTER 110 - ZONING 26 27 *** 28 ARTICLE IX. — Supplementary District Regulations 29 30 *** 31 Division 2. — Offstreet Parking 32 Sec. 110-491. — Number of spaces required. 33 There shall be provided at the time of the erection or change of use of any main building or 34 structure or at the time any main building or structure is enlarged or increased in capacity, by 35 adding dwelling units, guestrooms, floor area or seats, minimum offstreet automobile parking 36 space with adequate provisions for ingress or egress in accordance with the following: 37 38 (1) Auditoriums, theatres, clubs, lodges, restaurants and other places of assembly excluding 39 restaurants and bars which shall be subject to section 110-498. One space for each three seats or City of Cape Canaveral Ordinance No. 12-2023 Page 2 of 4 1 seating places or one space for every 100 square feet of floor area of the main assembly hall, 2 whichever is greater. 3 4 *** 5 Sec. 110-498. — Restaurants and Bars — Offstreet Parking. 6 7 There shall be no minimum number of offstreet automobile parking spaces required for 8 restaurants and bars. However, any offstreet parking spaces, access drives and aisles proposed 9 for a restaurant and bar shall be subject to the site plan approval process and other applicable 10 provisions of the City Code. 11 12 Sec. 110-4989-110-505. — Reserved. 13 14 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 15 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 16 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 17 18 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the 19 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may 20 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, 21 and like errors may be corrected and additions, alterations, and omissions, not affecting the 22 construction or meaning of this ordinance and the City Code may be freely made. 23 24 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or 25 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 26 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 27 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 28 the validity of the remaining portions of this Ordinance. 29 30 Section 6. Effective Date. This Ordinance shall become effective immediately upon 31 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City 32 Charter. 33 34 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day 35 of , 2023. 36 37 38 Wes Morrison, Mayor 39 40 41 42 City of Cape Canaveral Ordinance No. 12-2023 Page 3 of 4 1 ATTEST: 2 3 For Against 4 5 Mia Goforth, CMC Kim Davis 6 City Clerk 7 Kay Jackson 8 9 Mickie Kellum 10 11 Wes Morrison 12 13 Don Willis 14 15 First Reading: November 21, 2023 16 Advertisement: 17 Second Reading: 18 19 Approved as to legal form and sufficiency 20 for the City of Cape Canaveral only by: 21 22 23 Anthony A. Garganese, City Attorney 24 City of Cape Canaveral Ordinance No. 12-2023 Page 4of4 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • NOVEMBER 21, 2023 AGENDA ITEM SUMMARY • ITEM # 10 Subject: Appoint a Council Member as the 2024 Alternate Delegate to the Space Coast Transportation Planning Organization Governing Board, representing the North Beaches Coalition. Department: City Clerk's Office Summary: The Space Coast Transportation Planning Organization (SCTPO) is a metropolitan planning organization established under § 339.175, F.S., to coordinate transportation planning and funding throughout Brevard County. The SCTPO Governing Board (Board) and various committees provide a forum for cooperative decision -making by officials of the affected governmental entities with input from citizens and constituency groups. The Board in its current form was created in 2005, with the City of Cape Canaveral joining with the City of Cocoa Beach in 2006 to share a Voting Delegate seat as the "North Beaches Coalition" (NBC), having renewed it most recently in 2022, through the year 2032. (Attached) The City of Cape Canaveral held the Voting Delegate seat for the year 2023, with the City of Cocoa Beach holding the Alternate seat. Per the terms of this Agreement, the City of Cape Canaveral will hold the Alternate seat for 2024. Don Willis is the City's current NBC Voting Delegate and Cocoa Beach Commissioner Skip Williams is the Alternate. It is now incumbent upon City Council to appoint a Council Member as the SCTPO NBC Alternate for 2024. Submitting Department Director: Mia Goforth Attachment: 2022 SCTPO Interlocal Agreement Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Appoint a Council Member as an Alternate to the SCTPO Governing Board for 2024, representing the NBC. Approved by City Manager: Todd Morley CFN 2022101329, OR BK 9483 Page 1248, Recorded 04/22/2022 at 09:11 AM Rachel M. Sadoff, Clerk of Courts, Brevard County THIS INSTRUMENT RETURN TO: Loredana Kalaghchy, CMC, City Clerk City of Cocoa Beach City Hall - First Floor 2 S. Orlando Ave. Cocoa Beach, FL 32932 THIS INSTRUMENT PREPARED BY: Paul R. Gougelman, III, General Counsel Space Coast Transportation Planning Organization Weiss Serota Helfman Cole & Bierman, P.L. 200 East Broward Blvd. — 19th Floor Ft. Lauderdale, FL 33301 INTERLOCAL AGREEMENT WITH RESPECT TO VOTING REPRESENTATION ON SPACE COAST TRANSPORTATION PLANNING ORGANIZATION II THIS AGREEMENT is made and entered into as of the . day of 4; l 202.A_, by and between the CITY OF COCOA BEACH, Florida, a Florida Municipal Corporation (herein: "Cocoa Beach"), and the CITY OF CAPE CANAVERAL, Florida, a Florida Municipal Corporation (herein: "Cape Canaveral"). WITNESSETH: WHEREAS, the Space Coast Transportation Planning Organization, f/k/a the Brevard County Metropolitan Planning Organization (herein: the "TPO") is a metropolitan planning organization established under Section 339.175, Florida Statutes, to coordinate transportation planning and finance throughout Brevard County; WHEREAS, during the 1990s and the first decade in the 21st Century, Cocoa Beach was accorded a single voting delegate seat on the TPO Governing Board; WHEREAS, Cocoa Beach and Cape Canaveral have previously agreed to provide a methodology by which the two municipalities may share the aforesaid single voting delegate seat on the TPO Governing Board; WHEREAS, the first such Interlocal Agreement to share a voting delegate seat was recorded on March 17, 2006, in Official Records Book 5618, Page 1713, Public Records of Brevard County, Florida; WHEREAS, the second such Interlocal Agreement to share a voting delegate seat was recorded on March 7, 2013, in Official Records Book 6819, Page 912, Public Records of Brevard County, Florida; Space Coast TPO/North Beaches Coalition Interlocal Agreement4 2/8/21 1 OR BK 9483 PG 1249 WHEREAS, it is the desire of Cocoa Beach and Cape Canaveral to continue such previous arrangement to provide a methodology by which the two municipalities may share the aforesaid single voting delegate seat on the TPO Governing Board; WHEREAS, the authority to undertake sharing of a delegate seat on the TPO Governing Board is provided in Section 339.175(3)(a), Florida Statutes (2021), which states in pertinent part: (a) The voting membership of an M.P.O. shall consist of at least 5 but not more than 25 apportioned members, with the exact number determined on an equitable geographic -population ratio basis, based on an agreement among the affected units of general- purpose local government and the Governor, as required by federal regulations. In accordance with 23 U.S.C. s. 134, the Governor may also allow M.P.O. members who represent municipalities to alternate with representatives from other municipalities within the metropolitan planning area which do not have members on the M.P.O. ... Voting members shall be elected officials of general- purpose local governments, one of whom may represent a group of general-purpose local governments through an entity created by an M.P.O. for that purpose.....; WHEREAS, the Governor has authorized the sharing of a representative on the Space Coast TPO pursuant to a letter dated July 9th, 2013, executed through the Florida Department of Transportation; WHEREAS, the undersigned parties for the purposes of this Agreement, and for the purpose of reference by the TPO, have designated the arrangement provided for herein to be informally and colloquially referred to as the "North Beaches Coalition"; WHEREAS, this Agreement is entered as an interlocal agreement pursuant to Section 163.01, Florida Statutes (2021), and is also entered into pursuant to the home rule power of each of the municipalities as provided in Section 166.021, Florida Statutes, and Article VIII, Section 2, Florida Constitution of 1968; WHEREAS, pursuant to this Agreement, the parties have provided for an arrangement by which the voting delegate on the TPO Governing Board will be rotated between Cocoa Beach and Cape Canaveral on a scheduled basis; WHEREAS, the parties have further agreed to establish an organized method to provide joint instructions to their single voting delegate to the TPO; Space Coast TPO/North Beaches Coalition Interlocal Agreement4 2/8/21 2 OR BK 9483 PG 1250 WHEREAS, by its language, this Agreement will expire on December 31, 2032, but may be extended from time to time; WHEREAS, this Agreement was approved on A-rk ,3 , 2022, by the Cocoa Beach City Commission; and WHEREAS, this Agreement was approved on J1'totr4- IS , 2022, by the Cape Canaveral City Council. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties that: 1. Recitals. Each and all of the recitals ("WHEREAS clauses") above be and the same are hereby incorporated herein and declared to be true and correct. 2. Appointment of Voting Delegate. The single voting delegate holding the North Beaches Coalition seat on the TPO and representing the collective interests of Cocoa Beach and Cape Canaveral is hereby designated by the governing body of each respective municipality according to the following schedule: Designating Party Cocoa Beach Cape Canaveral Calendar Years for Designation 2024, 2025, 2028, 2029, & 2032 2022, 2023, 2026, 2027, 2030 & 2031 In the event that any party to this Agreement fails to designate the actual elected official who serves as North Beaches Coalition delegate to the TPO at or prior to the commencement of the two-year term for that voting delegate set forth in the preceding table, the voting delegate designated for the immediate prior two-year term will continue as such voting delegate until such time as said delegate's successor has been designated. 3. Powers and Duties of Voting Delegate. (a) The person designated as the voting delegate for the North Beaches Coalition seat on the TPO in accordance with the terms of the preceding paragraph of this Agreement need not reside within the corporate limits of the designating municipality, but must be an elected official of either Cape Canaveral or Cocoa Beach. (b) The party municipality that is a party to this Agreement who has the power to designate a voting representative during any two -calendar year period also may designate an alternate voting representative. The person designated as the alternate voting Space Coast TPO/North Beaches Coalition Interlocal Agreement4 2/8/21 3 OR BK 9483 PG 1251 delegate for the North Beaches Coalition seat on the TPO in accordance with the terms of this Agreement need not reside within the corporate limits of the designating municipality, but must be an elected official of either Cape Canaveral or Cocoa Beach. (c) During each two-year term set forth in herein, the voting delegate and the alternate voting delegate will serve at the pleasure of the designating municipality, which municipality has the power to rescind any such designation and to name any other elected official of one of the two municipalities as the voting delegate or alternate voting delegate for the North Beaches Coalition. 4. TAC and CAC Members. In the event that the TPO seats only one Technical Advisory Committee ("TAC") member or one Citizens Advisory Committee ("CAC") member to represent both Cocoa Beach and Cape Canaveral, the party to this Agreement designating the TPO voting delegate will also have the authority to designate the sole TAC or CAC member(s) to represent the parties to this Agreement. In the event that the TPO will permit a TAC or a CAC member to represent each municipality, the governing body of each municipality will appoint the TAC and CAC member to represent that particular individual municipality. To the extent permitted by law and pursuant to Section 339.175(6), Florida Statutes, TAC and CAC members will serve at the pleasure of the appointing authority. 5. Expiration. This Agreement will expire on December 31, 2032; provided, that the respective governing bodies of Cape Canaveral and Cocoa Beach may agree from time to time to extend, amend, or terminate this Agreement by written instrument. No such written instrument will be effective until the amendatory instrument is: approved by the governing bodies of each of the two municipalities, executed by appropriate officials of each governing body, and recorded with the Brevard County Clerk of the Court as provided in Section 163.01(11), Florida Statutes (2021). Upon recordation in the Public Records of Brevard County, Florida, a recorded copy must promptly be furnished to the Executive Director of the TPO by either Cocoa Beach or Cape Canaveral. 6. Agreement Termination. The Interlocal Agreement to share a voting delegate seat recorded on March 17, 2006, in Official Records Book 5618, Page 1713, Public Records of Brevard County, Florida, is hereby declared to be terminated. The Interlocal Agreement to share a voting delegate seat recorded on March 7, 2013, in Official Records Space Coast TPO/North Beaches Coalition Interlocal Agreement4 2/8/21 4 OR BK 9483 PG 1252 Book 6819, Page 912, Public Records of Brevard County, Florida, shall terminate according to its terms This Agreement shall terminate if at any time during the term hereof, both Cocoa Beach and Cape Canaveral shall be accorded no voting representative on the Space Coast TPO Governing Board pursuant to Florida Statutes. 7. Interpretation This Agreement and the terms herein were negotiated jointly by Cocoa Beach and Cape Canaveral, and the two municipalities had the full choice of wording thereof. Consequently, no term, provision, or section hereof will be more harshly construed against either party hereto as the drafter of this Agreement. 8. Effective Date. This Agreement will become effective upon recordation in the Public Records of Brevard County, Florida, as maintained by the Brevard County Clerk of Court pursuant to Section 163.01(11), Florida Statutes (2021) IN WITNESS WHEREOF, the City of Cape Canaveral, Florida, and the City of Cocoa Beach, Florida, caused this agreement to be adopted the day and year set forth below. Loredana,'Kala06119, CMC,�t� its Clerk', KGB^ u ATTEST' o CITY OF COCOA BEACH, FLORIDA, a Florida Municipal Corporation By M 04.44Crif-Gore%Crtissioner Dated: p3 - c:73;' 202 L (CITY SEAL) CITY OF CAPE CANVERAL, FLORIDA, a Florida Municipal Corporation By otta— E,s McRpro►J , its MA votk Dated. MARCH /S. , 202 2 (CITY SEAL) Mia Goforth, , C, its 1 City Clerk Space Coast TPO/North Beaches Coalition Interlocal Agreement4 2/8/21 5 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • NOVEMBER 21, 2023 AGENDA ITEM SUMMARY • ITEM # 11 Subject: Appoint a Voting Delegate/Director and an Alternate to the Space Coast League of Cities. Department: City Clerk's Office Summary: Every December, the governing body of each member municipality must appoint a Voting Delegate/Director and an Alternate to the Space Coast League of Cities (SCLOC). Those eligible to be a Voting Delegate/Director and an Alternate include the member municipality's Elected Officials, City Manager, City Attorney, City Clerk and Department Directors. The person appointed as Voting Delegate serves as both the member municipality's Voting Delegate at membership meetings and as its representative to the Board of Directors. The Voting Delegate and the Director are the same person. The sole function of the Alternate for the Voting Delegate/Director is to vote in the absence of the Voting Delegate/Director. Outgoing Member of Council, Mayor Pro Tem Angela Raymond, is the current 2023 Voting Delegate/Director and Council Member Kim Davis is the Alternate. It is now incumbent upon City Council to appoint a Voting Delegate/Director and an Alternate to the SCLOC for calendar year 2024. Submitting Department Director: Mia Goforth Attachments: None. Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following actions: Appoint a Voting Delegate/Director and an Alternate to the SCLOC. Approved by City Manager: Todd Morley CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • NOVEMBER 21, 2023 AGENDA ITEM SUMMARY • ITEM # 12 Subject: Approve proposal from Centroid Diversified LLC, in an amount of $588,818.05 for construction of the Center Street Drainage Improvements and authorize the City Manager to execute Construction Agreement for same. Department: Capital Projects Summary: Staff invited qualified licensed contractors, in accordance with the City's Purchasing Policy and Florida Statutes, to submit a bid for the construction of numerous stormwater improvements along the western end of Center Street. Centroid Diversified, LLC (Centroid) submitted the lowest of four (4) bids received. Discussions with City Staff (value engineering) and further use of owner direct purchase (ODP) may further reduce the final contract amount. Project Description: In Summer 2021, the City experienced several significant weather events, some of which included peak rainfall rates of up to 19.2 inches per hour. The observed rainfall that occurred within the City was 2.75 inches within the span of 45 minutes between 3:00 and 3:45 pm on July 7, 2021. These weather events resulted in significant flooding of streets and several private properties, especially in the Center Street Drainage Basin. This drainage basin is located primarily in the Presidential Streets area, in the central and southern portions of the City. The stormwater system in this drainage basin was designed and constructed in the 1960s and consists of various sizes of concrete reinforced pipe and over 75 inlets. Very few additions or improvements to the stormwater infrastructure have been made over the past 50+ years and impervious improvements continued to be constructed in the form of private residences with concrete/asphalt driveways, patios, etc., exposing previously unknown limitations of the system's design. Stormwater from the drainage basin discharges to the Banana River Lagoon (BRL) through a nutrient separating baffle box located at the western end of Center Street. Basin Improvements: As discussed in the presentation to the City Council at the April 19, 2022 Regular City Council Meeting, City Staff and the City's consultant (Mead and Hunt) proposed construction of a pump station along Center Street and installation of a tidal valve at the BRL outfall. These improvements will assist in alleviating the flooding problems previously encountered but more may need to be done in the form of additional improvements (i.e., upsizing of pipes, purchase of land for a wet detention pond, etc.). The Owner Direct Purchase (ODP) of the pump was approved by City Council on October 17, 2023 in the amount of $177,685. The ODP of the tidal valve is a separate agenda item at this City Council Meeting. Firm Selection Process: Staff advertised the request for bids on September 28, 2023 by posting (1) a legal ad in the Florida Today newspaper, (2) a notice on the City web page and (3) bid information on Demandstar (Internet bid service). A "Bid Submittal" notation was included, which stated a contract would be awarded pursuant to the requirements of applicable State and Federal laws and regulations. A non -mandatory pre -bid meeting was performed for the project on October 12; three potential bidders attended the meeting. Four (4) contractors submitted sealed bids for the project, which were opened in City Hall Conference Room A on October 31, 2023 (Attachment 1). Upon review of the submitted bids, Staff and the City's consulting engineer recommend award of the bid to Centroid with a bid amount of $588,818.05 (subject to reductions by value engineering and further use of ODP). A copy of a proposed Construction Agreement with Centroid is included as Attachment 2. City of Cape Canaveral City Council Meeting • November 21, 2023 Agenda Item # 12 Page 2 of 2 Project Funding: If approved by City Council, a purchase order will be forwarded to Centroid for construction of the drainage improvements. The project is scheduled for completion prior to the beginning of the 2024 hurricane season (June 1). Construction funding for the project is from the American Rescue Plan Act (ARPA) and a Resiliency Grant from Florida Department of Environmental Protection (FDEP) in the amount of $467,500. Submitting Department Director: Jeff Ratliff Attachments: 1. Bid Opening Meeting Minutes 2. Proposed Construction Agreement Financial Impact: $518,818.05 for construction of the Center Street Drainage Improvements Project awarded to Centroid Diversified, LLC funded by ARPA and FDEP Resiliency Grant. Staff time and effort to complete this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following actions: Approve proposal from Centroid Diversified LLC, in an amount of $588,818.05 for construction of the Center Street Drainage Improvements and authorize the City Manager to execute Construction Agreement for same. Approved by City Manager: Todd Morley Attachment 1 CITY OF CAPE CANAVERAL Request for Bids — Bid Opening Center Street Pump Station BID #2023-04 City of Cape Canaveral City Hall First Floor Conference Room 100 Polk Avenue Cape Canaveral, Florida 32920 MINUTES Tuesday October 31, 2023 2:05 p.m. CALL TO ORDER: Capital Projects Director Jeff Ratliff called the Meeting to order at 2:05 p.m. Others present: June Clark, Public Works Services Director Daniel LeFever, Deputy City Clerk Jeff Watson, Centroid Diversified, LLC Jesse Salazar, Gregori Construction Inc. Mr. Ratliff proceeded to open the bids received and announced the results: BID #2023-04 — CENTER STREET PUMP STATION Firm Location Bid Amount Hinterland Group Inc. Cocoa, FL $877,050.00 Carr & Collier Inc. Leesburg, FL $737,700.00 Centroid Diversified, LLC Port Saint Lucie, FL $588,818.05 Gregori Construction Inc. Mims, FL $881,550.00 Mr. Ratliff thanked those in attendance, discussed the next steps to include Staff and engineering firm review and recommendation for action to be taken at a future City Council Meeting, and adjourned the Meeting at 2:08 p.m. Daniel LeFever, Deputy City Clerk Attachment 2 CONSTRUCTION AGREEMENT CENTER STREET DRAINAGE IMPROVEMENTS #2023-04 THIS AGREEMENT is made this day of , 2023 by and between the CITY OF CAPE CANAVERAL, a Florida municipal corporation (herein referred to as OWNER) and CENTROID DIVERSIFIED, LLC authorized and duly licensed to do business in the State of Florida (herein referred to as CONTRACTOR), as follows: 1. DESCRIPTION OF WORK - CONTRACTOR shall perform the work, in accordance with the Contract Documents for the construction of drainage improvements along the western end of Center Street as set forth in the Contract Documents described in Section 2 herein ("the Project"). 2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; Exhibits and Addendum(s) to the Agreement; the Construction Drawings for City of Cape Canaveral prepared by Mead and Hunt; Bid #2023-04, dated September 2023; Final Bid Set Specifications dated October 2023; ITB Documents issued by the City, dated September 2023; Contractor's Bid Submittal, dated October 31, 2023; General Conditions, if any; Supplemental Terms and Conditions by the City, if any; all Change Orders approved by the City after execution of this Agreement. These Contract Documents are hereby incorporated into this Contract by this reference. The CONTRACTOR represents and agrees that it has carefully examined and understands this Agreement and the other Contract Documents, has investigated the nature, locality and site of the Work and the conditions and difficulties under which it is to be performed and that it enters into this Agreement on the basis of its own examination, investigation and evaluation of all such matters and not in reliance upon any opinions or representations of the OWNER, or of any of their respective officers, agents, servants, or employees. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intent of the Contract Documents is to include all labor, materials, equipment, transportation, taxes, fees and incidentals necessary for the proper and complete execution of the Work for each Project. Materials or Work described in words which so applied have a well-known technical or trade meaning shall be held to refer to such recognized standards. Any discrepancies or omissions found in the Contract Documents shall be reported to the City's Project Manager immediately. The City's Project Manager will clarify discrepancies or omissions, in writing, within a reasonable time. 3. ORDER OF PRECEDENCE - In case of any inconsistency in any of the documents bearing on the Agreement between the OWNER and the CONTRACTOR, the inconsistency shall be resolved by giving precedence in the following order: a. Change Orders b. Agreement, Exhibits and Addenda c. Supplemental Terms and Conditions Center Street Drainage Improvements 2023-04 1 CONSTRUCTION AGREEMENT November 2023 d. General Terms and Conditions e. Engineering Plans and Drawings f. ITB issued by the City of Cape Canaveral dated September 2023, including any subsequently issued Addenda g. Contractor's Bid Submittal h. [OTHER] Any inconsistency in the work description shall be clarified by the OWNER and performed by the CONTRACTOR. 4. AGREEMENT INTERPRETATION - At its discretion, during the course of the work, should any errors, ambiguities, or discrepancies be found in the Contract Documents, the OWNER at its sole discretion will interpret the intent of the Contract Documents and the CONTRACTOR hereby agrees to abide by the OWNER's interpretation and agrees to carry out the work in accordance with the decision of the OWNER. 5. BRAND NAME MATERIALS - Whenever Materials or Equipment are specified or described in the Drawings or Specifications by using the name of a proprietary item or the name of a particular Supplier, the naming of the item is intended to establish the type, function and quality required. The CONTRACTOR will be responsible for all coordination necessary to accommodate the material, article, or equipment being provided without additional cost to the OWNER. Unless the name is followed by words indicating that no substitution is permitted, a substitute material, article, or equipment is allowed if it is reasonably equivalent to the brand name specified and CONTRACTOR certifies in writing that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified. . The OWNER has full discretion to decide whether a substitute is reasonably equivalent. CONTRACTOR must notify the OWNER in writing prior to use of the substitute for a specified brand name and allow the OWNER to make a determination before CONTRACTOR uses the substitute. 6. CONTRACT TIME - a. All provisions regarding Contract Time are essential to the performance of this Contract. b. The Work shall be substantially completed within ( ) calendar days after the date when the Contract Time begins to run. The Work shall be finally completed, ready for Final Payment within Thirty (30) calendar days after the actual date of Substantial Completion. Center Street Drainage Improvements 2023-04 2 CONSTRUCTION AGREEMENT November 2023 The date of Substantial Completion of the Work is the date certified in writing by the OWNER when (1) construction is sufficiently complete, in accordance with the contract documents, so the OWNER can occupy or utilize the work for its intended purpose, as expressed by the contract documents, and (2) any additional project -specific requirements or milestones for "Substantial Completion" identified in the general, special, or technical conditions or construction plans have been satisfied. c. The parties acknowledge that the Contract Time provided in this Section includes consideration of adverse weather conditions common to Central Florida including the possibility of hurricanes and tropical storms. d. In the event that the Work requires phased construction, then multiple points of Substantial Completion may be established in the Supplementary Conditions. 7. LIQUIDATED DAMAGES - OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in Paragraph 6 above, plus any extensions thereof allowed in accordance with the General Conditions. OWNER and CONTRACTOR also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER $500 for each calendar day that expires after the time specified in Paragraph 6 for substantial completion until the work is substantially complete and $500 for each calendar day that expires after the time specified in Paragraph 6 for final completion until the work is finally complete. The liquidated damages provided in this Section are intended to apply even if CONTRACTOR is terminated, in default, or if the CONTRACTOR has abandoned the Work. This provision binds Contractor's performance bond surety. 8. CONTRACT PRICE, UNIT PRICE CONTRACT - The OWNER will pay the CONTRACTOR in current funds for the performance of the work in accordance with the Contract Documents, subject to additions and deductions approved by Change Order, the Total Contract Price of and /100 Dollars ($ ). CONTRACTOR agrees to accept the Contract Price as full compensation for performing all Work, furnishing all Materials, and performing all Work embraced in the Contract Documents. The CONTRACTOR acknowledges that CONTRACTOR studied, considered, and included in CONTRACTOR'S Total Bid all costs of any nature relating to: (1) performance of the Work under Florida weather conditions; (2) applicable law, licensing, and permitting requirements; (3) the Project site conditions, including but not limited to, subsurface site conditions; (4) the terms and conditions of the Contract Documents, including, but not limited to, the indemnification and no damage for delay provisions of the Contract Documents. Center Street Drainage Improvements 2023-04 3 CONSTRUCTION AGREEMENT November 2023 The CONTRACTOR acknowledges that performance of the Work may involve significant Work adjacent to, above, and in close proximity to Underground Facilities including utilities which will require the support of active utilities, as well as, the scheduling and sequencing of utility installations, and relocations (temporary and permanent) by CONTRACTOR. (1) In addition to the acknowledgments previously made, the CONTRACTOR acknowledges that the CONTRACTOR'S Total Bid (original Contract Price) specifically considered and relied upon CONTRACTOR'S own study of Underground Facilities, utilities in their present, relocated (temporary and permanent) and proposed locations, and conflicts relating to utilities and Underground Facilities. (2) The CONTRACTOR acknowledges that CONTRACTOR's Total Bid (original Contract Price) considered and included all of CONTRACTOR's costs relating to CONTRACTOR's responsibilities to coordinate and sequence the Work of the CONTRACTOR with the work of the OWNER, if any, with its own forces, the work of other contractors, if any, and the work of others at the Project site. Payments will be made to the CONTRACTOR for actual quantities installed on the basis of the Schedule of Unit Prices included as a part of the Bid, which shall be as fully a part of the Contract as if attached or repeated herein. Where the Contract Documents provide for Unit Price Work, the Contract Price stated in the Agreement will include for all Unit Price Work an amount equal to the sum of the Unit Prices for each item of Unit Price Work times the estimated quantity of each item as indicated in the Contract Documents. Each Unit Price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover all costs, including supplemental and administrative costs, and profit. 9. TERMINATION; DEFAULT BY CONTRACTOR AND OWNER'S REMEDIES - The OWNER reserves the right to revoke and terminate this Agreement and rescind all rights and privileges associated with this Agreement, without penalty, for convenience. Further, the OWNER reserves the right to revoke and terminate this Agreement in the following circumstances, each of which shall represent a default and breach of this Agreement: a. CONTRACTOR defaults in the performance of any material covenant or condition of this Agreement and does not cure such other default within seven (7) calendar days after written notice from the OWNER specifying the default complained of, unless, however, the nature of the default is such that it cannot, in the exercise of reasonable diligence, be remedied within seven (7) calendar days, in which case the CONTRACTOR shall have such time as is reasonably necessary to remedy the default, provided the CONTRACTOR promptly takes and diligently and continuously pursues such actions as are necessary therefore; or Center Street Drainage Improvements 2023-04 4 CONSTRUCTION AGREEMENT November 2023 b. CONTRACTOR is adjudicated bankrupt or makes any assignment for the benefit of creditors or CONTRACTOR becomes insolvent, or is unable or unwilling to pay its debts; or c. CONTRACTOR has acted negligently, as defined by general and applicable law, in performing the Work hereunder; or d. CONTRACTOR has committed any act of fraud upon the OWNER; or e. CONTRACTOR has made a material misrepresentation of fact to the OWNER while performing its obligations under this Agreement; or f. CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon performance of this Agreement without prejudice to any other right, or remedy OWNER may have under this Agreement. In the event of an uncured default by CONTRACTOR, the OWNER shall have the right to exercise any other remedy the OWNER may have by operation of law, without limitation, and without any further demand or notice. In the event of such termination, OWNER shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for Work properly performed prior to the effective date of termination, which may be a set-off to Owner's damages. 10. FORCE MAJEURE - Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes (except involving CONTRACTOR'S labor force); extraordinary breakdown of or damage to OWNER 's affiliates' generating plants, their equipment, or facilities; court injunction or order; federal and/or state law or regulation; or order by any regulatory agency; ; provided that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. 11. SEVERABILITY - In the event any portion or part thereof of this Agreement is deemed invalid, against public policy, void, or otherwise unenforceable by a court of law, the validity and enforceability of the remaining parts of this Agreement shall otherwise be fully enforceable 12. PROGRESS PAYMENTS; DUE DATE FOR PROGRESS PAYMENTS; SUBMITTAL OF PAYMENT REQUESTS — No payments shall be made where a Payment and Performance Bond is required herein until OWNER receives a certified copy of the recorded Bond. OWNER shall make progress payments on account of the contract price to CONTRACTOR, on the basis of application for payments submitted to the OWNER or OWNER's Project Manager, by CONTRACTOR as the work progresses, and in accordance with the Contract Documents. Progress payments may be withheld if: Center Street Drainage Improvements 2023-04 5 CONSTRUCTION AGREEMENT November 2023 a. Work is found defective and not remedied; b. CONTRACTOR does not provide consent of surety with each payment application; c. Another contractor is damaged by an act for which CONTRACTOR is responsible; or d. In the opinion of the OWNER that CONTRACTOR's work is not progressing satisfactorily. OWNER herein LXJ designates or ( ) does not designate an agent, i.e., an architect or engineer, that must approve any payment request or invoice before the payment request or invoice is submitted to OWNER for payment. If an agent must approve the payment request or invoice before the payment request or invoice is submitted to OWNER, payment is due 25 business days after the date on which the payment request or invoice is stamped as received as provided in s. 218.74(1), Florida Statutes, except to the extent that the payment request or invoice does not meet contract requirements. The CONTRACTOR may send OWNER an overdue notice. If the payment request or invoice is not rejected within 4 business days after delivery of the overdue notice, the payment request or invoice shall be deemed accepted, except for any portion of the payment request or invoice that is inaccurate or misleading. If an agent need not approve the payment request or invoice submitted by CONTRACTOR, payment is due 20 business days after the date on which the payment request or invoice is stamped as received as provided in s. 218.74(1), Florida Statutes, except to the extent that the payment request or invoice does not meet contract requirements. If OWNER disputes a portion of a payment request or an invoice, the undisputed portion shall be timely paid. OWNER shall reject payment requests or invoices in accordance with the procedure established in s. 218.735, Florida Statutes. OWNER hereby identifies the Capital Projects Department as the agent or office to which the CONTRACTOR must submit payment requests or invoices to OWNER. The OWNER further hereby identifies Mead and Hunt, Attn: David King, as the agent that must approve payment requests prior to their submission to OWNER. 13. FINAL PAYMENT; CHANGE ORDERS - OWNER shall withhold up to 5% of the Contract Price throughout the project in accordance with the Local Government Prompt Payment Act ("Act"). The retainage amount withheld may be released with the Final Payment after the issuance of the Final Completion Certificate. Consent of surety is required for final payment. OWNER shall make final payment to CONTRACTOR within thirty (30) days after the work is fully and properly completed, if the contract has been fully and timely performed, but subject to the condition that final payment shall not be due until CONTRACTOR has delivered to OWNER all close-out documentation. By making payments OWNER does not waive claims including but not limited to those relating to: Center Street Drainage Improvements 2023-04 6 CONSTRUCTION AGREEMENT November 2023 Center Street Drainage Improvements 2023-04 a. Faulty work appearing after substantial completion has been granted; b. Work that does not comply with the Contract Documents; or c. Failure of Contractor to comply with any special guarantees required by the Contract Documents. Progress payments may be withheld if Work is found defective and not remedied; CONTRACTOR does not provide consent of surety with each progress application a subcontractor is damaged by an act for which CONTRACTOR is responsible; ; or in the opinion of the OWNER, CONTRACTOR'S work is not progressing satisfactorily. Further, OWNER may withhold additional payment in anticipation of liquidated damages equal to the product of the number of Days after the scheduled Contract Time (Substantial Completion or Final Completion) and the amount of liquidated damages set forth in this Contract if CONTRACTOR is behind schedule and it is anticipated by OWNER that the Work will not be completed within the Contract Time. The additional payment, under this subsection, may at the OWNER'S discretion be withheld from subsequent Progress Payments. The City, by written change order and without invalidating the Agreement, may order extra Work or make changes by altering, adding to, or deducting from the Work, the contract sum being adjusted accordingly. Additional time required for any change in Work must be included with the requested Change Order. In giving instructions, the City's Project Manager will have authority to make minor changes in the Work, not involving extra cost or time, and not inconsistent with the purpose of the Work, but otherwise, except in an emergency endangering life or property, no extra work or change will be made unless it goes through the City's written Change Order process and is approved by the City, and no claim for an addition to the contract sum or time will be valid unless so ordered in writing. The value of any such extra Work or change will be determined in one or more of the following ways: 1. By mutual acceptance of a lump sum. 2. By unit prices named in the contract or subsequently agreed upon. 3. By cost and percentage or by cost and a fixed fee. If none of the above methods is agreed upon, the CONTRACTOR, provided it receives an order as above, shall proceed with the work. In such case and also under case (3) above, the CONTRACTOR shall keep and present in such form as the City's Project Manager may direct, a correct account of the actual cost of labor and materials, substantiated by back- up documentation. In any case, the City's Project Manager will certify to the amount, including reasonable allowances for overhead and profit, due to the CONTRACTOR. Pending final determination of value, payments on account of changes will be made on 7 CONSTRUCTION AGREEMENT November 2023 the City's Project Manager's estimate. Furthermore, if the CONTRACTOR claims that any instructions by drawings or otherwise involve extra cost under the Contract Documents, it shall give the City written notice thereof within ten (10) days after the receipt of such instructions, and in any event before proceeding to execute the work, except in emergency endangering life or property, and the procedure shall then be as provided above under this section. Claims will not be processed unless filed in writing before any work has commenced. In addition, if the City's Project Manager deems it appropriate the City may accept defective or incomplete work and an equitable deduction from the Contract Price will be made therefor by Change Order. 14. DESIGNATION OF PROJECT MANAGER OR ARCHITECT OR LANDSCAPE ARCHITECT: DUTIES AND AUTHORITY - The duties and authority of the OWNER are as follows: a. General Administration of Contract. The primary function of the OWNER is to provide the general administration of the contract. In performance of these duties, Tim Carlisle, Capital Projects Deputy Director or his authorized representative is the OWNER's Project Manager during the entire period of construction. The OWNER (CITY) may change the Project Manager during the term of this contract. b. Inspections. Opinions. and Progress Reports. The OWNER and its representatives shall be kept familiar with the progress and quality of the work by CONTRACTOR and may make periodic visits to the work site. The OWNER will not be responsible for the means of construction, or for the sequences, methods, and procedures used therein, or for the CONTRACTOR'S failure to perform the work in accordance with the Contract Documents. c. Access to Worksite for Inspections. The OWNER and its representatives shall be given free access to the worksite at all times during work preparation and progress. The Project Manager is not obligated to make exhaustive or continuous on -site inspections to perform his duties of checking and reporting on work progress, and any such inspections shall not waive Owner's claim regarding defective work by Contractor. No inspector is authorized to change any provision of the specifications without written authorization of the City's Project Manager, nor shall the presence or absence of an inspector relieve the CONTRACTOR from any requirements of the Contract Documents. If the specifications, the City's instructions, laws, ordinances, or any public authority, require any work to be specially tested or approved, the CONTRACTOR shall give the City timely notice of its readiness for inspection, and of the date fixed for such inspection. Inspections by the City's Project Manager will be promptly made. If upon inspection such work is found not in accordance with the Contract Documents, the CONTRACTOR shall pay such cost, including compensation for professional services, and an appropriate deductive Change Order shall be issued. Center Street Drainage Improvements 2023-04 8 CONSTRUCTION AGREEMENT November 2023 d. Interpretation of Contract Documents: Decisions on Disputes. The OWNER will be the initial interpreter of the contract document requirements, and make decisions on claims and disputes between Contractor and Owner. e. Rejection and Stoppage of Work. The OWNER shall have authority to reject work which in its opinion does not conform to the Contract Documents, and in this connection may stop the work or a portion thereof, when necessary. f. Payment Certificates. The OWNER will determine the amounts owing to CONTRACTOR as the work progresses, based on CONTRACTOR's applications and OWNER's inspections and observations, and will issue certificates for progress payments and final payments in accordance with the terms of the Contract Documents. g. City Reviews and Status. The City's review, inspection, or approval of any Work, applications for payment, or other submittals shall be solely for the purpose of determining whether the same are generally consistent with the City's scope and requirements for the project. No review, inspection, or approval by the City of such Work or documents shall relieve the CONTRACTOR of its responsibility for the performance of its obligations under the Contract Documents or the accuracy, adequacy, fitness, suitability, or coordination of the Work. Approval by any governmental or other regulatory agency or other governing body of any Work, design document, or construction document shall not relieve CONTRACTOR of responsibility for the performance of its obligations under the Contract Documents. Payment by the City pursuant to the Contract Documents shall not constitute a waiver of any of the City's rights under the Contract Documents or at law, and CONTRACTOR expressly accepts the risk that defects in its performance, if any, may not be discovered until after payment, including final payment, is made by the City. Notwithstanding the foregoing, prompt written notice shall be given by the City or City Project Manager to the CONTRACTOR if the City becomes aware of any fault or defect in the Projects or non-conformance with the Contract Documents. Furthermore, the City shall not have control or charge of construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work, nor shall the CONTRACTOR, for any of the foregoing purposes, be deemed the agent of the City. 15. PROGRESS MEETINGS —OWNER'S Project Manager may hold periodic progress meetings on a monthly basis, or more frequently if required by the OWNER, during the term of work entered into under this Agreement. CONTRACTOR'S Project Manager and all other appropriate personnel shall attend such meetings as designated by the OWNER'S Project Manager. 16. RESPONSIBILITIES OF CONTRACTOR - CONTRACTOR's duties and rights in connection with the project herein are as follows: a. Responsibility for Supervision and Construction. CONTRACTOR shall be solely responsible for all construction under this contract, including the techniques, sequences, Center Street Drainage Improvements 2023-04 9 CONSTRUCTION AGREEMENT November 2023 procedures and means, for the coordination of all work. CONTRACTOR shall supervise and direct the work, and give it all attention necessary for such proper supervision and direction. b. Discipline and Employment. CONTRACTOR shall maintain at all times strict discipline among his employees, and he agrees not to employ for work on the project any person unfit or without sufficient skill to perform the job for which he was employed. c. Furnishing of Labor. Materials. etc. CONTRACTOR shall provide and pay for all labor, materials and equipment, including tools, construction equipment and machinery, utilities, including water, transportation, and all other facilities and work necessary for the proper completion of work on the project in accordance with the Contract Documents. d. Payment of Taxes: Procurement of Licenses and Permits. CONTRACTOR shall secure all licenses and permits necessary for proper completion of the work, paying the fees thereof. CONTRACTOR warrants that it (and subcontractors or tradesmen, if authorized in the Contract Documents) hold or will secure all trade or professional licenses required by law for CONTRACTOR to undertake the contract work. e. Guarantee. The CONTRACTOR hereby guarantees the Work to the full extent provided in the Plans, Specifications, General Conditions, Special Conditions and other Contract Documents. The CONTRACTOR shall remove, replace and/or repair at its own expense and at the convenience of the OWNER any faulty, defective or improper Work, materials or equipment discovered within one (1) year from the date of the acceptance of the project as a whole by the Owner or for such longer period as may be provided in the Plans, Specifications, General Conditions, Special Conditions or other Contract Documents. Without limiting the generality of the foregoing, the CONTRACTOR warrants to the OWNER, that all materials and equipment furnished under this Agreement will be of first class quality and new, unless otherwise required or permitted by the other Contract Documents, that the Work performed pursuant to this Agreement will be free from defects and that the Work will strictly conform with the requirements of the Contract Documents. Work not conforming to such requirements, including substitutions not properly approved and authorized, shall be considered defective. All warranties contained in this Agreement and in the Contract Documents shall be in addition to and not in limitation of all other warranties or remedies required and/or arising pursuant to applicable law. Furthermore, CONTRACTOR will provide written guarantee for work and materials for one (1) calendar year after acceptance by OWNER. The one (1) period is not a limitation upon manufacturer warranties or CONTRACTOR's payment and performance Bond(s). f. Project Site. The CONTRACTOR shall, among other things, (i) visit and thoroughly inspect the project site and any structure(s) or other man-made features to be modified and become familiar with local conditions under which the project will be constructed and operated; (ii) if applicable, familiarize itself with the survey, including the location of all existing buildings, utilities, conditions, streets, equipment, components, and other Center Street Drainage Improvements 2023-04 10 CONSTRUCTION AGREEMENT November 2023 attributes having or likely to have an impact on the project; (iii) familiarize itself with the City's layout and design requirements, conceptual design objectives, and budget for the project; (iv) familiarize itself with pertinent Project dates, including the Project Schedule; (v) review and analyze all project geotechnical, hazardous substances, structural, chemical, electrical, mechanical, and construction materials tests, investigations, and recommendations; and (vi) gather any other information necessary for a thorough understanding of the project. If the project involve modifications to any existing structure(s) or other man-made feature(s) on the project site, the CONTRACTOR shall also review all as -built and record drawings, plans, and specifications of adjacent work which the CONTRACTOR requests from the City, and shall thoroughly inspect the existing structure(s) and man-made feature(s) to identify existing deficiencies and ascertain the specific locations of pertinent structural components. Claims by the CONTRACTOR resulting from its failure to familiarize itself with the project site or pertinent documents shall be deemed waived. 17. ASSIGNMENT - CONTRACTOR shall not assign this Agreement, or any rights or any monies due or to become due hereunder without the prior, written consent of the OWNER. a. CONTRACTOR shall be fully responsible to OWNER for all acts and/or omissions performed by its subcontractors. b. If CONTRACTOR, prior to the commencement of any Work subcontracts any part of this Agreement by the subcontractor, CONTRACTOR shall require the subcontractor to provide OWNER and its affiliates with insurance coverage as set forth by the OWNER. 18. THIRD PARTY RIGHTS - Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than OWNER and CONTRACTOR. 19. PROHIBITION AGAINST CONTINGENT FEES - CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 20. NO JOINT VENTURE - Nothing herein shall be deemed to create ajoint venture or principal - agent relationship between the parties and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other party. 21. INDEMNIFICATION — CONTRACTOR shall indemnify and hold harmless the OWNER, its officers, employees, agents, engineer, and city attorneys (individually and in their official capacity, from liability, losses, damages, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful Center Street Drainage Improvements 2023-04 11 CONSTRUCTION AGREEMENT November 2023 misconduct of CONTRACTOR and persons employed or utilized by CONTRACTOR in the performance of this Agreement. CONTRACTOR specifically assumes potential liability for actions brought by CONTRACTOR'S own employees against the OWNER and, solely for the purpose of this indemnification and defense, CONTRACTOR specifically waives its entitlement, if any, to immunity under Section 440.11, Florida Statutes. This waiver has been specifically and mutually negotiated by the parties. The indemnification provided above shall obligate the CONTRACTOR to defend at its own expense or to provide for such defense, at the option of the OWNER, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against the OWNER or its officers, employees, and city attorneys which may covered by this indemnification. In all events the OWNER and its officers, employees, engineer, and city attorneys shall be permitted to choose legal counsel of its sole choice, the fees for which shall be reasonable and subject to and included with this indemnification provided herein. In consideration of the CONTRACTOR'S indemnity obligations, the parties allocate ONE PERCENT (1%) OF THE CONTRACT SUM as specific consideration for CONTRACTOR'S indemnification of OWNER and that the specific consideration is included in the original Contract Price allocated by CONTRACTOR among all pay items - receipt of which is acknowledged. The indemnity provisions set forth in this Paragraph shall survive termination of this Agreement. 22. SAFETY - CONTRACTOR shall be solely and absolutely responsible and assume all liability for the safety and supervision of its principals, employees, contractors, and agents while performing work provided hereunder. More specifically, the CONTRACTOR shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. The CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 1. All employees on the project site and other persons who may be affected thereby. 2. All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the project site. 3. Other property at the project site or adjacent thereto. CONTRACTOR shall comply with all applicable Federal Occupational Safety and Health Administration (OSHA) and Florida Department of Transportation safety standards and shall assure and monitor the compliance of its Subcontractors with those same standards. Further, CONTRACTOR shall work in compliance with the OSHA Hazardous Communication Standard and Florida Department of Environmental Protection guidelines, and shall supply all Center Street Drainage Improvements 2023-04 12 CONSTRUCTION AGREEMENT November 2023 information about hazardous chemical being brought onto City property as required by any applicable City Safety and Loss Control Program. 23. CORPORATE REPRESENTATIONS BY CONTRACTOR - CONTRACTOR hereby represents and warrants to the OWNER the following: a. CONTRACTOR is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this Agreement. b. The undersigned signatory for CONTRACTOR has the power, authority, and the legal right to enter into and perform the obligations set forth in this Agreement and all applicable exhibits thereto, and the execution, delivery, and performance hereof by CONTRACTOR has been duly authorized by the board of directors and/or president of CONTRACTOR. In support of said representation, CONTRACTOR agrees to provide a copy to the OWNER of a corporate certificate of good standing provided by the State of Florida prior to the execution of this Agreement. c. CONTRACTOR is duly licensed under all local, state and federal laws to provide the work stated in paragraph 1.0 herein. In support of said representation, CONTRACTOR agrees to provide a copy of all said licenses to the OWNER prior to the execution of this Agreement. 24. BOND - CONTRACTOR shall supply a materials, performance and payment bond(s) in accordance with Florida law and in substantially in conformance with the forms attached to the Agreement as Exhibit "A" and approved by the City Attorney. The materials, performance, and payment amounts shall be in an amount equal to 100% of the Contract Price for the work prescribed herein. The issuance of bonds required under this Agreement shall not relieve Contractor of any liability under the Agreement. Contractor shall remain jointly and severally liable with any surety issuing a bond under the Contract. The premium for such bonds is included in the Contract Price. 25. INSURANCE - During the term of this Agreement, CONTRACTOR shall be responsible for providing the types of insurance and limits of liability as set forth under this Paragraph. Additionally, all independent contractors or agents employed by CONTRACTOR to perform any Work hereunder shall fully comply with the insurance provisions contained in these Contract Documents. a. The CONTRACTOR shall maintain comprehensive general liability insurance in the minimum amount of $2,000,000 as the combined single limit for each occurrence to protect the CONTRACTOR from claims of property damages which may arise from any Work performed under this Agreement whether such Work are performed by the CONTRACTOR or by anyone directly employed by or contracting with the CONTRACTOR. Center Street Drainage Improvements 2023-04 13 CONSTRUCTION AGREEMENT November 2023 b. The CONTRACTOR shall maintain comprehensive automobile liability insurance in the minimum amount of $1,000,000 combined single limit bodily injury and minimum $1,000,000 property damage as the combined single limit for each occurrence to protect the CONTRACTOR from claims for damages for bodily injury, including wrongful death, as well as from claims from property damage, which may arise from the ownership, use, or maintenance of owned and non -owned automobiles, including rented automobiles whether such operations be by the CONTRACTOR or by anyone directly or indirectly employed by the CONTRACTOR. c. The CONTRACTOR shall maintain, during the life of this Agreement, adequate Workers' Compensation Insurance in at least such amounts as are required by law and Employer's Liability Insurance in the minimum amount of $2,000,000 for all of its employees performing Work for the OWNER pursuant to this Agreement. d. The CONTRACTOR shall maintain comprehensive builder risk insurance, which shall cover CONTRACTOR'S labor, and any materials and equipment to be used for completion of the Work performed under this Agreement, against all risks of direct physical loss, excluding earthquake and flood, for a minimum amount of the Total Contract Price. CONTRACTOR shall maintain the builder risk insurance required by this subsection until final completion. Current, valid insurance policies meeting the requirements herein identified shall be maintained during the term of this Agreement. A copy of a current Certificate of Insurance shall be provided to the OWNER by CONTRACTOR upon the Effective Date of this Agreement which satisfied the insurance requirements of this Paragraph 25. Renewal certificates shall be sent to the OWNER 30 days prior to any expiration date. There shall also be a 30-day advance written notification to the OWNER in the event of cancellation or modification of any stipulated insurance coverage. The OWNER and its engineer shall be an additional named insured on all stipulated insurance policies as its interest may appear, from time to time, excluding worker's compensation and professional liability policies. Insurance covering the specified additional insureds shall be primary insurance, and all other insurance carried by the additional insured shall be excess insurance; and with respect to workers' compensation and employer's liability, comprehensive automobile liability, commercial general liability, and umbrella liability insurance, CONTRACTOR shall require CONTRACTOR's insurance carriers to waive all rights of subrogation against OWNER and its engineer, the engineer's consultants, and their respective officers, directors, partners, employees and agents. Each policy shall contain a cross liability or severability of interest clause or endorsement. Center Street Drainage Improvements 2023-04 14 CONSTRUCTION AGREEMENT November 2023 26. MEDIATIONNENUE - The parties agree that should any dispute arise between them regarding the terms or performance of this Agreement, both parties will participate in mediation. The parties agree to equally share the cost of the mediator. Should the parties fail to resolve their differences through mediation, then any cause of action filed hereunder shall be filed in the Circuit or County Court for BREVARD County, Florida. The Contractor's surety is bound by this provision. 27. GOVERNING LAW & VENUE - This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be BREVARD County, Florida. Venue for any federal action or litigation shall be Orlando, Florida. The Contractor's surety is bound by this provision. 28. ATTORNEY'S FEES - Should either party bring an action to enforce any of the terms of this Agreement, each party shall bear its own costs and expenses of such action including, but not limited to, reasonable attorney's fees, whether at settlement, trial or on appeal. This provision does not apply to Contractor's surety. 29. NOTICES - Any notice or approval under this Contract shall be sent, postage prepaid, to the applicable party at the address shown on the first page of this Contract. 30. WORK IS A PRIVATE UNDERTAKING - With regard to any and all Work performed hereunder, it is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the OWNER and CONTRACTOR is such that the CONTRACTOR is an independent contractor and not an agent of the OWNER. The CONTRACTOR, its contractors, partners, agents, and their employees are independent contractors and not employees of the OWNER. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the OWNER, on one hand, and the CONTRACTOR, its contractors, partners, employees, or agents, during or after the performance of the Work under this Agreement. 31. DOCUMENTS - Public Records: It is hereby specifically agreed that any record, document, computerized information and program, audio or video tape, photograph, or other writing of the CONTRACTOR and its independent contractors 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 OWNER or the CONTRACTOR. Said record, document, computerized information and program, audio or video tape, photograph, or other writing of the CONTRACTOR is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the OWNER's City Manager. Upon request by the OWNER, the CONTRACTOR shall promptly supply copies of said public records to the OWNER. 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 CONTRACTOR be open and freely exhibited to the OWNER for the purpose of examination and/or audit. Failure by CONTRACTOR to grant such access and comply with public records laws and/or requests shall Center Street Drainage Improvements 2023-04 15 CONSTRUCTION AGREEMENT November 2023 be grounds for immediate unilateral cancellation of this Agreement by the OWNER upon delivery of a written notice of cancellation. If CONTRACTOR fails to comply with this Section, and the OWNER must enforce this Section, or the OWNER suffers a third party award of attorney's fees and/or damages for violating Chapter 119, Florida Statutes, due to CONTRACTOR's failure to comply with this Section, the OWNER shall collect from CONTRACTOR prevailing party attorney's fees and costs, and any damages incurred by the City, for enforcing this Section against CONTRACTOR. And, if applicable, the OWNER shall also be entitled to reimbursement of all attorneys' fees and damages which the OWNER had to pay a third party because of the CONTRACTOR's failure to comply with this Section. The terms and conditions set forth in this Section shall survive the termination of this Agreement. The CONTRACTOR acknowledges that the OWNER is a Florida municipal corporation and subject to the Florida Public Records Law. CONTRACTOR agrees that to the extent any document produced by CONTRACTOR under this Agreement constitutes a Public Record; CONTRACTOR shall comply with the Florida Public Records Law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, THE CITY CLERK, AT (321) 868-1220, ext. 202, cityclerk@cityofcapecanaveral.org, City Clerk's Office, 100 Polk Avenue, Cape Canaveral, Florida 32920. 32. SOVEREIGN IMMUNITY - The OWNER intends to avail itself of the benefits of Section 768.28, Florida Statutes and any other statutes and common law governing sovereign immunity to the fullest extent possible. Neither this provision nor any other provision of this Agreement shall be construed as a waiver of the OWNER's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the OWNER's potential liability under state or federal law. CONTRACTOR agrees that OWNER shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, OWNER shall not be liable for any claim or judgment, or portion thereof, to any one person for over two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds three hundred thousand dollars ($300,000.00). Nothing in this Agreement is intended to inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. This paragraph shall survive termination of this Agreement. 33. HEADINGS - Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. 34. INTEGRATION; MODIFICATION - The drafting, execution, and delivery of this Agreement by the Parties has been induced by no representations, statements, warranties, or agreements Center Street Drainage Improvements 2023-04 16 CONSTRUCTION AGREEMENT November 2023 other than those expressed herein. This Agreement embodies the entire understanding of the parties, and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein. Modifications of this Agreement shall only be made in writing signed by both parties. 35. WAIVER AND ELECTION OF REMEDIES - Waiver by either party of any terms, or provision of this Agreement shall not be considered a waiver of that term, condition, or provision in the future. No waiver, consent, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party hereto. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. 36. DRAFTING - OWNER and CONTRACTOR each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. 37. NOTICE - Any notices required to be given by the terms of this Agreement shall be delivered by hand or mailed, certified mail, return receipt requested, postage prepaid to: For CONTRACTOR: Company Name: Attn: Address: Phone: Fax: For OWNER: City of Cape Canaveral Attn: City Manager 100 Polk Avenue Cape Canaveral, Florida 321-868-1220 Either party may change the notice address by providing the other party written notice of the change. Any Notice given as provided herein shall be deemed received as follows: if delivered by personal service, on the date so delivered; if delivered to an overnight courier service, on the business day immediately following delivery to such service; and if mailed, on the third business day after mailing. Center Street Drainage Improvements 2023-04 17 CONSTRUCTION AGREEMENT November 2023 38. CONFLICT OF INTEREST. a. The CONTRACTOR agrees that it will not engage in any action that would create a conflict of interest in the performance of its obligations pursuant to this Contract with the OWNER or which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government and the OWNER's Personnel Policies. b. The CONTRACTOR hereby certifies that no officer, agent or employee of the OWNER has any material interest (as defined in Section 112.312 (15), Florida Statutes, as over five percent (5%) either directly or indirectly, in the business of the CONTRACTOR to be conducted here, and that no such person shall have any such interest at any time during the term of this CONTRACT. c. Pursuant to Section 216.347, Florida Statutes, the CONTRACTOR hereby agrees that monies received from the OWNER pursuant to this Agreement will not be used for the purpose of lobbying the Legislature or any other State or Federal Agency. 39. ADDITIONAL ASSURANCES. a. No principal (which includes officers, directors, or executive) or individual holding a professional license and performing Work under this Agreement is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any Work required by this Agreement by any Federal, State, or local governmental commission, department, corporation, subdivision, or agency; b. No principal (which includes officers, directors, or executive), individual holding a professional license and performing Work under this Agreement, employee, or agent has employed or otherwise provided compensation to, any employee or officer of the OWNER; a nd c. No principal (which includes officers, directors, or executive), individual holding a professional license and performing Work under this Agreement, employee or agent has willfully offered an employee or officer of the OWNER any pecuniary or other benefit with the intent to influence the employee or officer's official action or judgment. 40. E-VERIFY - Pursuant to section 448.095, Florida Statutes, beginning January 1, 2021, any City contractors shall register with and use the U.S. Department of Homeland Security's E- Verify system, https://e-verify.uscis.gov/emp, to verify the work authorization status of all employees hired on and after January 1, 2021. City Contractors must provide evidence of compliance with section 448.095, Florida Statutes. Evidence shall consist of an affidavit from the Contractor stating all employees hired on and after January 1, 2021 have had their work authorization status verified through the E-Verify system and a copy of their proof of registration in the E-Verify system. Failure to comply with this provision will be a material breach Center Street Drainage Improvements 2023-04 18 CONSTRUCTION AGREEMENT November 2023 of the contract, and shall result in the immediate termination of the contract without penalty to the City. The City Contractor shall be liable for all costs incurred by the City securing a replacement contract, including but not limited to, any increased costs for the same services, any costs due to delay, and rebidding costs, if applicable. If the City Contractor utilizes Subcontractors the following shall apply: a. Contractor shall also require all subcontractors performing work under the Agreement to use the E-Verify system for any employees they may hire during the term of the Agreement. b. Contractor shall obtain from all such subcontractors an affidavit stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, as defined in section 448.095, Florida Statutes. c. Contractor shall provide a copy of all subcontractor affidavits to the City upon receipt and shall maintain a copy for the duration of the Agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. CITY OF CAPE CANAVERAL By: Todd Morley, City Manager Date: ATTEST: Mia Goforth, City Clerk Center Street Drainage Improvements 2023-04 19 CONSTRUCTION AGREEMENT November 2023 CONTRACTOR By: Print name/title: Date: STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of () physical presence or () online notarization, this day of , 20 , by , the of , who is personally known to me or who produced as identification and who did take an oath. Center Street Drainage Improvements 2023-04 (Notary Public Signature) (Print Name) Notary Public, State of Commission No.: My Commission Expires: 20 CONSTRUCTION AGREEMENT November 2023 EXHIBIT A Performance and Payment Bond In compliance with the Florida Statutes Chapter 255.05 (1) (a) BOND NO.: Contractor Name: Contractor Address: Contractor Phone No.: Surety Company: Surety Agent: Owner Name: Owner Address: Owner Phone No. Owner Fax No. Owner Email: Contract Date: Contract Amount: Bond Amount: Contract No. (if applicable): City of Cape Canaveral 100 Polk Avenue Cape Canaveral, Florida 32920 (321) 868-1220, x218 (321) 868-1247 T.morley@cityofcapecanaveral.org $ $ Center Street Drainage Improvements 2023-04 21 CONSTRUCTION AGREEMENT November 2023 Description of Work: Project Address: Legal Description: Bid Number: BY THIS BOND, we as Principal and a Corporation as Surety, are bound to City of Cape Canaveral , herein called Owner, in the sum of $ , for payment of which we bind ourselves, our heirs, Personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: a. Performs the contract dated , 20 , between Principal and Owner for construction of as specified for the location, the contract being made a part of this bond by reference, at the times and in the manner prescribed in this contract; and b. Promptly makes payments to all claimants, as defined in section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution if the work provided for the contract; and c. Pays Owner all losses, damages, including delay damages, expenses, and costs that Owner sustains because of a default by Principal under the contract; and d. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract and by law, then this bond is to be void; otherwise it remains in full force and effect. e. In any action against this performance bond, the Owner is entitled to attorney's fees under sections 627.428 and 627.756, Florida Statutes, and Danis Industries Corp. v. Ground Improvement Techniques, 645 So.2d 420 (Fla. 1994) and McCarthy Bros. Co. v. Tilbury Construction, Inc., 849 So.2d 7 (Fla. 1' DCA 2003), including appellate attorney's fees. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. Center Street Drainage Improvements 2023-04 22 CONSTRUCTION AGREEMENT November 2023 Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. IN WITNESS WHEREOF, the said Principal and Surety have assigned and sealed this instrument this day of 20 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signature Title SURETY Company: (Corporate Seal) Signature Title Center Street Drainage Improvements 2023-04 23 CONSTRUCTION AGREEMENT November 2023 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • NOVEMBER 21, 2023 AGENDA ITEM SUMMARY • ITEM # 13 Subject: Approve proposal from Centroid Diversified LLC, in an amount of $402,311.00 for construction of the Veterans Memorial Park Enhanced Bio-swale and authorize the City Manager to execute Construction Agreement for same. Department: Capital Projects/Community and Economic Development — Resilience Division Summary: On September 21, 2023, the City of Cape Canaveral (City) and Stetson University were awarded $1 million by the National Science Foundation (NSF) for the Civic Innovation Challenge (CIVIC) 2022 "Stage 2 Full Award" program for the construction and scientific monitoring of an enhanced bio-swale at Veterans Memorial Park (VMP). Of this $1 million, the City will directly receive $525,000. The NSF CIVIC Program is a research and action competition driven by community priorities, supporting planning and implementation of community -university partnerships with potential for significant near -term community impact. Staff submitted the City's "Stage 2" application in March 2023 along with 56 other communities across the nation, with 19 ultimately being awarded. In 2022, the City and Stetson University received a $50,000 CIVIC "Stage 1 Planning Grant" from the NSF for public outreach on "low impact development" (LID) for flood mitigation and water quality improvements, and community engagement on potential project decisions and implementation. The term "LID" refers to a variety of stormwater management practices that incorporate or mimic natural drainage processes to manage runoff as close to its source as possible, reducing impacts on surrounding watersheds. Between November 2022 and February 2023, community members attended three (3) public workshops to learn about basic stormwater principles, define unique challenges and provide ideas and comments for practical LID solutions in their neighborhood. These workshops directly informed the City's "Stage 2" CIVIC Application, the VMP Enhanced Bio- swale, submitted in March 2023. VMP has an existing dry stormwater retention pond adjacent to Taylor Avenue that is currently underutilized by storage volume and contains little biodiversity. The City's proposed bio-swale, designed by Kimley-Horn and Associates (KHA), increases the retention area's volume by 30%, enhances nutrient treatment capabilities via sub -base treatment media and improves site aesthetics and erosion control with a diverse Florida -native and Florida -friendly landscape. Conceptual renderings are attached (Attachment 1). Please note, the final product may vary from the renderings. Funding for the project became available on October 1, 2023, which must be used within twelve (12) months per NSF's program requirements. The project in its entirety is time sensitive and must be completed by September 30, 2024. The NSF CIVIC Program supports projects that are scalable and replicable within communities of all sizes in the topics of mobility and resilience. Elements of the bio-swale concept can be applied to other areas that experience similar challenges, including the City's Presidential Streets area and other municipalities. On a larger scale, the project's process of community -based creation, engagement and implementation can provide a road map for other communities to develop solutions to their own unique challenges. Benefits provided by the proposed enhanced bio-swale and LID, in general, are as follows: • Decreased hydrological stress on the Center Street Drainage Basin City of Cape Canaveral City Council Meeting • November 21, 2023 Agenda Item # 13 Page 2 of 4 • Additional Total Maximum Daily Load (TMDL) credits through Florida Department of Environmental Protection (FDEP) • Improved local water quality in the Banana River Lagoon • Park and neighborhood beautification • Outdoor educational space • Scientific monitoring opportunities • Project scalability for other applications This project is currently considered the largest grant -related collaborative effort ever undertaken by the City. Project partners include: 1. City of Cape Canaveral 2. Stetson University's Institute for Water and Environmental Resilience 3. NSF 4. KHA 5. Marine Resources Council 6. Brevard Zoo 7. St Johns River Water Management District 8. Ferguson Waterworks 9. Riverside Conservancy 10. Florida Sea Grant/University of Florida/Institute of Food and Agricultural Sciences 11. East Central Florida Regional Planning Council 12. Indian River Lagoon National Estuary Program 13. Embry -Riddle Aeronautical University Based on comments provided by the NSF and research partners, there is a possibility that additional funding opportunities via a "Stage 3" application could occur in the near future at the conclusion of the "Stage 2" bio-swale project for the ongoing implementation of LID -based infrastructure. While this potential funding pool is not yet confirmed, successful "Stage 2" project implementation could help to catalyze this future opportunity for the City. Infrastructure relating to the Presidential Streets Master Plan could benefit from this hypothetical "Stage 3" funding. Between October 26 and October 27, 2023, City Staff and partner team members from Stetson University and the East Central Florida Regional Planning Council were invited to present about the VMP enhanced bio-swale project at the CIVIC grant's kickoff event at the NSF's headquarters in Alexandria, Virginia (Attachment 2). In attendance were other grant team members, scientists, planners and government officials. Project Description: The VMP enhanced bio-swale is situated along the southern and western sides of the park. When designing VMP's overall redesign (as part of another independent update project), pedestrian bridges were removed from the plans as part of value engineering negotiations. Staff realized that there was an opportunity to implement these bridges back into the design of VMP's update by placing them into the plans for the VMP enhanced bio-swale project. The existing swale area will be expanded to hold more water while also implementing green infrastructure, such as Florida -friendly landscaping throughout. The original stormwater flumes from the Cape Canaveral Public Library's southern parking lot adjacent to Taylor Avenue will be upgraded; as well as a new additional curb cut from the southeastern side of Taylor Avenue. This curb cut will direct additional stormwater to run off Taylor Avenue's curbing system to be efficiently funneled towards the enhanced bio-swale's treatment area, thus not only keeping more potential nutrient pollution City of Cape Canaveral City Council Meeting • November 21, 2023 Agenda Item # 13 Page 3 of 4 out of the sensitive Banana River Lagoon ecosystem, but also creating additional stormwater capacity in the Center Street Basin. In addition, Bold and Gold bio-filtration media will be used across the bottom of the bio-swale to help with the City's TMDL loads, a national pollution reporting system mandated under the Clean Water Act that every state must enact. According to the US Environmental Protection Agency, "a TMDL is the calculation of the maximum amount of a pollutant allowed to enter a waterbody so that the waterbody will meet and continue to meet water quality standards for that particular pollutant. A TMDL determines a pollutant reduction target and allocates load reductions necessary to the source(s) of the pollutant". Construction of this project consists of the following: • Two (2) pedestrian bridges • Bio-filtration media (Bold and Gold) • Hardscapes (boulders, rocks, and pebbles) • Landscape (variety of Florida native plants) • Stormwater infrastructure (Rain Guardian Turret, Rain Guardian Foxhole, etc.) Firm Selection Process: Staff advertised the request for bids on October 5, 2023, by posting (1) a legal ad in the Florida Today newspaper, (2) a notice on the City's website, and (3) bid information on Demandstar (internet bid service). A "Bid Submittal" notation was included, which stated a contract would be awarded pursuant to the requirements of applicable State and Federal laws and regulations. A non -mandatory pre -bid meeting was held on October 16, 2023, and a total of four (4) potential bidders attended the meeting. Two (2) contractors submitted sealed bids for the project, which were opened at City Hall on November 2, 2023 (Attachment 3). Upon review of the submitted bids, Staff and the City's project engineer, KHA, recommend award of the bid to Centroid Diversified LLC (Centroid), with a lowest bid amount of $402,311.00. A proposed Construction Agreement with Centroid is included (Attachment 4). Moving forward with the recommended contractor will allow Staff to remain within the allotted grant budget of $525,000.00 while still having contingency funding available for any possible updates, changes or additional equipment that may need to be acquired to facilitate the grant's intended deliverables in a timely manner. Budget: This project is budgeted for FY23-24 under CIP# RD-2, is 100% grant funded, and all funds will be reimbursed to the City from the NSF grant upon completion. Submitting Department Director: Tim Carlisle for Jeff Ratliff/Dave Dickey Attachments: 1 - Veterans Memorial Park Enhanced Bio-swale Conceptual Renderings 2 - Photo Collage of City Staff - NSF Grant Kickoff Trip 3 - Bid Meeting Minutes 4 - Construction Agreement Financial Impact: $402,311.00 for the construction of the Veterans Memorial Park Enhanced Bio- swale awarded to Centroid Diversified LLC funded by the National Science Foundation Grant Program; Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo City of Cape Canaveral City Council Meeting • November 21, 2023 Agenda Item # 13 Page 4 of 4 The City Manager recommends the City Council take the following actions: Approve proposal from Centroid Diversified LLC, in an amount of $402,311.00 for construction of the Veterans Memorial Park Enhanced Bio-swale and authorize the City Manager to execute Construction Agreement for same. Approved by City Manager: Todd Morley VETERAN'S PARK RAIN GARDEN - AERIAL VIEW FEBRUARY 2023 Attachment 1 Kimley>» Horn VETERAN'S PARK RAIN GARDEN - EASTVIEW FEBRUARY 2023 Kimley>» Horn VETERAN'S PARK RAIN GARDEN - NORTH VIEW FEBRUARY 2023 Kimley>» Horn VETERAN'S PARK RAIN GARDEN - WEST VIEW FEBRUARY 2023 Kimley>» Horn Attachment 2 [Photo Collage of City Staff - NSF Grant Kickoff Trip] Attachment 3 CITY OF CAPE CANAVERAL Request for Bids — Bid Opening Veterans Park Bio-Swale BID #2023-06 City of Cape Canaveral City Hall First Floor Conference Room 100 Polk Avenue Cape Canaveral, Florida 32920 MINUTES Thursday November 2, 2023 2:05 p.m. CALL TO ORDER: Capital Projects Deputy Director Tim Carlisle called the Meeting to order at 2:05 p.m. Others present: Jeff Ratliff, Capital Projects Director Daniel LeFever, Deputy City Clerk Jeff Watson, Centroid Diversified, LLC Trey Huy, Jobear Contracting, Inc. Mr. Carlisle proceeded to open the bids received and announced the results: BID #2023-06 — VETERANS PARK BIO-SWALE Firm Location Bid Amount Jobear Contracting, Inc. Palm Bay, FL $560,000.00 Centroid Diversified, LLC Port Saint Lucie, FL $402,311.00 Mr. Carlisle thanked those in attendance, discussed review and follow-up, and adjourned the meeting at 2:07 p.m. Daniel LeFever, Deputy City Clerk Attachment 4 CONSTRUCTION AGREEMENT VETERANS PARK BIO-SWALE #2023-06 THIS AGREEMENT is made this day of , 2023 by and between the CITY OF CAPE CANAVERAL, a Florida municipal corporation (herein referred to as OWNER) and CENTROID DIVERSIFIED LLC, authorized and duly licensed to do business in the State of Florida (herein referred to as CONTRACTOR), as follows: 1. DESCRIPTION OF WORK - CONTRACTOR shall perform the work, in accordance with the Contract Documents for the construction of a Bio-swale in Veterans Memorial Park as set forth in the Scope of Services, as set forth in the Contract Documents described in Section 2 herein ("the Project"). 2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; Exhibits and Addendum(s) to the Agreement; the Construction Drawings for City of Cape Canaveral prepared by Kimley Horn.; Bid #2023-06, dated September 2023; Final Bid Set Specifications dated September 2023; ITB Documents issued by the City, dated September 2023; Contractor's Bid Submittal, dated November 2023; General Conditions, if any; Supplemental Terms and Conditions by the City, if any; all Change Orders approved by the City after execution of this Agreement. These Contract Documents are hereby incorporated into this Contract by this reference. The CONTRACTOR represents and agrees that it has carefully examined and understands this Agreement and the other Contract Documents, has investigated the nature, locality and site of the Work and the conditions and difficulties under which it is to be performed and that it enters into this Agreement on the basis of its own examination, investigation and evaluation of all such matters and not in reliance upon any opinions or representations of the OWNER, or of any of their respective officers, agents, servants, or employees. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intent of the Contract Documents is to include all labor, materials, equipment, transportation, taxes, fees and incidentals necessary for the proper and complete execution of the Work for each Project. Materials or Work described in words which so applied have a well-known technical or trade meaning shall be held to refer to such recognized standards. Any discrepancies or omissions found in the Contract Documents shall be reported to the City's Project Manager immediately. The City's Project Manager will clarify discrepancies or omissions, in writing, within a reasonable time. 3. ORDER OF PRECEDENCE - In case of any inconsistency in any of the documents bearing on the Agreement between the OWNER and the CONTRACTOR, the inconsistency shall be resolved by giving precedence in the following order: a. Change Orders b. Agreement, Exhibits and Addenda c. Supplemental Terms and Conditions Veterans Park Bio-Swale 2023-06 1 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT October 2023 d. General Terms and Conditions e. Engineering Plans and Drawings f. ITB issued by the City of Cape Canaveral dated October 2023, including any subsequently issued Addenda g. Contractor's Bid Submittal Any inconsistency in the work description shall be clarified by the OWNER and performed by the CONTRACTOR. 4. AGREEMENT INTERPRETATION - At its discretion, during the course of the work, should any errors, ambiguities, or discrepancies be found in the Contract Documents, the OWNER at its sole discretion will interpret the intent of the Contract Documents and the CONTRACTOR hereby agrees to abide by the OWNER's interpretation and agrees to carry out the work in accordance with the decision of the OWNER. 5. BRAND NAME MATERIALS - Whenever Materials or Equipment are specified or described in the Drawings or Specifications by using the name of a proprietary item or the name of a particular Supplier, the naming of the item is intended to establish the type, function and quality required. The CONTRACTOR will be responsible for all coordination necessary to accommodate the material, article, or equipment being provided without additional cost to the OWNER. Unless the name is followed by words indicating that no substitution is permitted, a substitute material, article, or equipment is allowed if it is reasonably equivalent to the brand name specified and CONTRACTOR certifies in writing that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified. . The OWNER has full discretion to decide whether a substitute is reasonably equivalent. CONTRACTOR must notify the OWNER in writing prior to use of the substitute for a specified brand name and allow the OWNER to make a determination before CONTRACTOR uses the substitute. 6. CONTRACT TIME - a. All provisions regarding Contract Time are essential to the performance of this Contract. b. The Work shall be substantially completed within Two Hundred Seventy Five (275) calendar days after the date when the Contract Time begins to run. The Work shall be finally completed, ready for Final Payment within Thirty (30) calendar days after the actual date of Substantial Completion. Veterans Park Bio-Swale 2023-06 2 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT October 2023 The date of Substantial Completion of the Work is the date certified in writing by the OWNER when (1) construction is sufficiently complete, in accordance with the contract documents, so the OWNER can occupy or utilize the work for its intended purpose, as expressed by the contract documents, and (2) any additional project -specific requirements or milestones for "Substantial Completion" identified in the general, special, or technical conditions or construction plans have been satisfied. c. The parties acknowledge that the Contract Time provided in this Section includes consideration of adverse weather conditions common to Central Florida including the possibility of hurricanes and tropical storms. d. In the event that the Work requires phased construction, then multiple points of Substantial Completion may be established in the Supplementary Conditions. 7. LIQUIDATED DAMAGES - OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in Paragraph 6 above, plus any extensions thereof allowed in accordance with the General Conditions. OWNER and CONTRACTOR also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER $500 for each calendar day that expires after the time specified in Paragraph 6 for substantial completion until the work is substantially complete and $500 for each calendar day that expires after the time specified in Paragraph 6 for final completion until the work is finally complete. The liquidated damages provided in this Section are intended to apply even if CONTRACTOR is terminated, in default, or if the CONTRACTOR has abandoned the Work. This provision binds Contractor's performance bond surety. 8. CONTRACT PRICE, UNIT PRICE CONTRACT - The OWNER will pay the CONTRACTOR in current funds for the performance of the work in accordance with the Contract Documents, subject to additions and deductions approved by Change Order, the Total Contract Price of Four Hundred and two thousand, three hundred and eleven Dollars ($402,311). CONTRACTOR agrees to accept the Contract Price as full compensation for performing all Work, furnishing all Materials, and performing all Work embraced in the Contract Documents. The CONTRACTOR acknowledges that CONTRACTOR studied, considered, and included in CONTRACTOR'S Total Bid all costs of any nature relating to: (1) performance of the Work under Florida weather conditions; (2) applicable law, licensing, and permitting requirements; (3) the Project site conditions, including but not limited to, subsurface site conditions; (4) the terms and conditions of the Contract Documents, including, but not limited to, the indemnification and no damage for delay provisions of the Contract Documents. Veterans Park Bio-Swale 2023-06 3 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT October 2023 The CONTRACTOR acknowledges that performance of the Work may involve significant Work adjacent to, above, and in close proximity to Underground Facilities including utilities which will require the support of active utilities, as well as, the scheduling and sequencing of utility installations, and relocations (temporary and permanent) by CONTRACTOR. (1) In addition to the acknowledgments previously made, the CONTRACTOR acknowledges that the CONTRACTOR'S Total Bid (original Contract Price) specifically considered and relied upon CONTRACTOR'S own study of Underground Facilities, utilities in their present, relocated (temporary and permanent) and proposed locations, and conflicts relating to utilities and Underground Facilities. (2) The CONTRACTOR acknowledges that CONTRACTOR's Total Bid (original Contract Price) considered and included all of CONTRACTOR's costs relating to CONTRACTOR's responsibilities to coordinate and sequence the Work of the CONTRACTOR with the work of the OWNER, if any, with its own forces, the work of other contractors, if any, and the work of others at the Project site. Payments will be made to the CONTRACTOR for actual quantities installed on the basis of the Schedule of Unit Prices included as a part of the Bid, which shall be as fully a part of the Contract as if attached or repeated herein. Where the Contract Documents provide for Unit Price Work, the Contract Price stated in the Agreement will include for all Unit Price Work an amount equal to the sum of the Unit Prices for each item of Unit Price Work times the estimated quantity of each item as indicated in the Contract Documents. Each Unit Price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover all costs, including supplemental and administrative costs, and profit. 9. TERMINATION; DEFAULT BY CONTRACTOR AND OWNER'S REMEDIES - The OWNER reserves the right to revoke and terminate this Agreement and rescind all rights and privileges associated with this Agreement, without penalty, for convenience. Further, the OWNER reserves the right to revoke and terminate this Agreement in the following circumstances, each of which shall represent a default and breach of this Agreement: a. CONTRACTOR defaults in the performance of any material covenant or condition of this Agreement and does not cure such other default within seven (7) calendar days after written notice from the OWNER specifying the default complained of, unless, however, the nature of the default is such that it cannot, in the exercise of reasonable diligence, be remedied within seven (7) calendar days, in which case the CONTRACTOR shall have such time as is reasonably necessary to remedy the default, provided the CONTRACTOR promptly takes and diligently and continuously pursues such actions as are necessary therefore; or Veterans Park Bio-Swale 2023-06 4 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT October 2023 b. CONTRACTOR is adjudicated bankrupt or makes any assignment for the benefit of creditors or CONTRACTOR becomes insolvent, or is unable or unwilling to pay its debts; or c. CONTRACTOR has acted negligently, as defined by general and applicable law, in performing the Work hereunder; or d. CONTRACTOR has committed any act of fraud upon the OWNER; or e. CONTRACTOR has made a material misrepresentation of fact to the OWNER while performing its obligations under this Agreement; or f. CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon performance of this Agreement without prejudice to any other right, or remedy OWNER may have under this Agreement. In the event of an uncured default by CONTRACTOR, the OWNER shall have the right to exercise any other remedy the OWNER may have by operation of law, without limitation, and without any further demand or notice. In the event of such termination, OWNER shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for Work properly performed prior to the effective date of termination, which may be a set-off to Owner's damages. 10. FORCE MAJEURE - Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes (except involving CONTRACTOR'S labor force); extraordinary breakdown of or damage to OWNER 's affiliates' generating plants, their equipment, or facilities; court injunction or order; federal and/or state law or regulation; or order by any regulatory agency; ; provided that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. 11. SEVERABILITY - In the event any portion or part thereof of this Agreement is deemed invalid, against public policy, void, or otherwise unenforceable by a court of law, the validity and enforceability of the remaining parts of this Agreement shall otherwise be fully enforceable 12. PROGRESS PAYMENTS; DUE DATE FOR PROGRESS PAYMENTS; SUBMITTAL OF PAYMENT REQUESTS — No payments shall be made where a Payment and Performance Bond is required herein until OWNER receives a certified copy of the recorded Bond. OWNER shall make progress payments on account of the contract price to CONTRACTOR, on the basis of application for payments submitted to the OWNER or OWNER's Project Manager, by CONTRACTOR as the work progresses, and in accordance with the Contract Documents. Progress payments may be withheld if: Veterans Park Bio-Swale 2023-06 5 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT October 2023 a. Work is found defective and not remedied; b. CONTRACTOR does not provide consent of surety with each payment application; c. Another contractor is damaged by an act for which CONTRACTOR is responsible; or d. In the opinion of the OWNER that CONTRACTOR's work is not progressing satisfactorily. OWNER herein (X) designates or ( ) does not designate an agent, i.e., an architect or engineer, that must approve any payment request or invoice before the payment request or invoice is submitted to OWNER for payment. If an agent must approve the payment request or invoice before the payment request or invoice is submitted to OWNER, payment is due 25 business days after the date on which the payment request or invoice is stamped as received as provided in s. 218.74(1), Florida Statutes, except to the extent that the payment request or invoice does not meet contract requirements. The CONTRACTOR may send OWNER an overdue notice. If the payment request or invoice is not rejected within 4 business days after delivery of the overdue notice, the payment request or invoice shall be deemed accepted, except for any portion of the payment request or invoice that is inaccurate or misleading. If an agent need not approve the payment request or invoice submitted by CONTRACTOR, payment is due 20 business days after the date on which the payment request or invoice is stamped as received as provided in s. 218.74(1), Florida Statutes, except to the extent that the payment request or invoice does not meet contract requirements. If OWNER disputes a portion of a payment request or an invoice, the undisputed portion shall be timely paid. OWNER shall reject payment requests or invoices in accordance with the procedure established in s. 218.735, Florida Statutes. OWNER hereby identifies the Capital Projects Department as the agent or office to which the CONTRACTOR must submit payment requests or invoices to OWNER. The OWNER further hereby identifies Tim Carlisle, Attn: Tim, as the agent that must approve payment requests prior to their submission to OWNER. 13. FINAL PAYMENT; CHANGE ORDERS - OWNER shall withhold up to 5% of the Contract Price throughout the project in accordance with the Local Government Prompt Payment Act ("Act"). The retainage amount withheld may be released with the Final Payment after the issuance of the Final Completion Certificate. Consent of surety is required for final payment. OWNER shall make final payment to CONTRACTOR within thirty (30) days after the work is fully and properly completed, if the contract has been fully and timely performed, but subject to the condition that final payment shall not be due until CONTRACTOR has delivered to OWNER all close-out documentation. By making payments OWNER does not waive claims including but not limited to those relating to: Veterans Park Bio-Swale 2023-06 6 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT October 2023 Veterans Park Bio-Swale 2023-06 a. Faulty work appearing after substantial completion has been granted; b. Work that does not comply with the Contract Documents; or c. Failure of Contractor to comply with any special guarantees required by the Contract Documents. Progress payments may be withheld if Work is found defective and not remedied; CONTRACTOR does not provide consent of surety with each progress application a subcontractor is damaged by an act for which CONTRACTOR is responsible; ; or in the opinion of the OWNER, CONTRACTOR'S work is not progressing satisfactorily. Further, OWNER may withhold additional payment in anticipation of liquidated damages equal to the product of the number of Days after the scheduled Contract Time (Substantial Completion or Final Completion) and the amount of liquidated damages set forth in this Contract if CONTRACTOR is behind schedule and it is anticipated by OWNER that the Work will not be completed within the Contract Time. The additional payment, under this subsection, may at the OWNER'S discretion be withheld from subsequent Progress Payments. The City, by written change order and without invalidating the Agreement, may order extra Work or make changes by altering, adding to, or deducting from the Work, the contract sum being adjusted accordingly. Additional time required for any change in Work must be included with the requested Change Order. In giving instructions, the City's Project Manager will have authority to make minor changes in the Work, not involving extra cost or time, and not inconsistent with the purpose of the Work, but otherwise, except in an emergency endangering life or property, no extra work or change will be made unless it goes through the City's written Change Order process and is approved by the City, and no claim for an addition to the contract sum or time will be valid unless so ordered in writing. The value of any such extra Work or change will be determined in one or more of the following ways: 1. By mutual acceptance of a lump sum. 2. By unit prices named in the contract or subsequently agreed upon. 3. By cost and percentage or by cost and a fixed fee. If none of the above methods is agreed upon, the CONTRACTOR, provided it receives an order as above, shall proceed with the work. In such case and also under case (3) above, the CONTRACTOR shall keep and present in such form as the City's Project Manager may direct, a correct account of the actual cost of labor and materials, substantiated by back- up documentation. In any case, the City's Project Manager will certify to the amount, including reasonable allowances for overhead and profit, due to the CONTRACTOR. Pending final determination of value, payments on account of changes will be made on 7 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT October 2023 the City's Project Manager's estimate. Furthermore, if the CONTRACTOR claims that any instructions by drawings or otherwise involve extra cost under the Contract Documents, it shall give the City written notice thereof within ten (10) days after the receipt of such instructions, and in any event before proceeding to execute the work, except in emergency endangering life or property, and the procedure shall then be as provided above under this section. Claims will not be processed unless filed in writing before any work has commenced. In addition, if the City's Project Manager deems it appropriate the City may accept defective or incomplete work and an equitable deduction from the Contract Price will be made therefor by Change Order. 14. DESIGNATION OF PROJECT MANAGER OR ARCHITECT OR LANDSCAPE ARCHITECT: DUTIES AND AUTHORITY - The duties and authority of the OWNER are as follows: a. General Administration of Contract. The primary function of the OWNER is to provide the general administration of the contract. In performance of these duties, Tim Carlisle, Capital Projects Deputy Director or his authorized representative is the OWNER's Project Manager during the entire period of construction. The OWNER (CITY) may change the Project Manager during the term of this contract. b. Inspections, Opinions, and Progress Reports. The OWNER and its representatives shall be kept familiar with the progress and quality of the work by CONTRACTOR and may make periodic visits to the work site. The OWNER will not be responsible for the means of construction, or for the sequences, methods, and procedures used therein, or for the CONTRACTOR'S failure to perform the work in accordance with the Contract Documents. c. Access to Worksite for Inspections. The OWNER and its representatives shall be given free access to the worksite at all times during work preparation and progress. The Project Manager is not obligated to make exhaustive or continuous on -site inspections to perform his duties of checking and reporting on work progress, and any such inspections shall not waive Owner's claim regarding defective work by Contractor. No inspector is authorized to change any provision of the specifications without written authorization of the City's Project Manager, nor shall the presence or absence of an inspector relieve the CONTRACTOR from any requirements of the Contract Documents. If the specifications, the City's instructions, laws, ordinances, or any public authority, require any work to be specially tested or approved, the CONTRACTOR shall give the City timely notice of its readiness for inspection, and of the date fixed for such inspection. Inspections by the City's Project Manager will be promptly made. If upon inspection such work is found not in accordance with the Contract Documents, the CONTRACTOR shall pay such cost, including compensation for professional services, and an appropriate deductive Change Order shall be issued. Veterans Park Bio-Swale 2023-06 8 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT October 2023 d. Interpretation of Contract Documents: Decisions on Disputes. The OWNER will be the initial interpreter of the contract document requirements, and make decisions on claims and disputes between Contractor and Owner. e. Rejection and Stoppage of Work. The OWNER shall have authority to reject work which in its opinion does not conform to the Contract Documents, and in this connection may stop the work or a portion thereof, when necessary. f. Payment Certificates. The OWNER will determine the amounts owing to CONTRACTOR as the work progresses, based on CONTRACTOR's applications and OWNER's inspections and observations, and will issue certificates for progress payments and final payments in accordance with the terms of the Contract Documents. g. City Reviews and Status. The City's review, inspection, or approval of any Work, applications for payment, or other submittals shall be solely for the purpose of determining whether the same are generally consistent with the City's scope and requirements for the project. No review, inspection, or approval by the City of such Work or documents shall relieve the CONTRACTOR of its responsibility for the performance of its obligations under the Contract Documents or the accuracy, adequacy, fitness, suitability, or coordination of the Work. Approval by any governmental or other regulatory agency or other governing body of any Work, design document, or construction document shall not relieve CONTRACTOR of responsibility for the performance of its obligations under the Contract Documents. Payment by the City pursuant to the Contract Documents shall not constitute a waiver of any of the City's rights under the Contract Documents or at law, and CONTRACTOR expressly accepts the risk that defects in its performance, if any, may not be discovered until after payment, including final payment, is made by the City. Notwithstanding the foregoing, prompt written notice shall be given by the City or City Project Manager to the CONTRACTOR if the City becomes aware of any fault or defect in the Projects or non-conformance with the Contract Documents. Furthermore, the City shall not have control or charge of construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work, nor shall the CONTRACTOR, for any of the foregoing purposes, be deemed the agent of the City. 15. PROGRESS MEETINGS —OWNER'S Project Manager may hold periodic progress meetings on a monthly basis, or more frequently if required by the OWNER, during the term of work entered into under this Agreement. CONTRACTOR'S Project Manager and all other appropriate personnel shall attend such meetings as designated by the OWNER'S Project Manager. 16. RESPONSIBILITIES OF CONTRACTOR - CONTRACTOR's duties and rights in connection with the project herein are as follows: a. Responsibility for Supervision and Construction. CONTRACTOR shall be solely responsible for all construction under this contract, including the techniques, sequences, Veterans Park Bio-Swale 2023-06 9 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT October 2023 procedures and means, for the coordination of all work. CONTRACTOR shall supervise and direct the work, and give it all attention necessary for such proper supervision and direction. b. Discipline and Employment. CONTRACTOR shall maintain at all times strict discipline among his employees, and he agrees not to employ for work on the project any person unfit or without sufficient skill to perform the job for which he was employed. c. Furnishing of Labor, Materials, etc. CONTRACTOR shall provide and pay for all labor, materials and equipment, including tools, construction equipment and machinery, utilities, including water, transportation, and all other facilities and work necessary for the proper completion of work on the project in accordance with the Contract Documents. d. Payment of Taxes: Procurement of Licenses and Permits. CONTRACTOR shall secure all licenses and permits necessary for proper completion of the work, paying the fees thereof. CONTRACTOR warrants that it (and subcontractors or tradesmen, if authorized in the Contract Documents) hold or will secure all trade or professional licenses required by law for CONTRACTOR to undertake the contract work. e. Guarantee. The CONTRACTOR hereby guarantees the Work to the full extent provided in the Plans, Specifications, General Conditions, Special Conditions and other Contract Documents. The CONTRACTOR shall remove, replace and/or repair at its own expense and at the convenience of the OWNER any faulty, defective or improper Work, materials or equipment discovered within one (1) year from the date of the acceptance of the project as a whole by the Owner or for such longer period as may be provided in the Plans, Specifications, General Conditions, Special Conditions or other Contract Documents. Without limiting the generality of the foregoing, the CONTRACTOR warrants to the OWNER, that all materials and equipment furnished under this Agreement will be of first class quality and new, unless otherwise required or permitted by the other Contract Documents, that the Work performed pursuant to this Agreement will be free from defects and that the Work will strictly conform with the requirements of the Contract Documents. Work not conforming to such requirements, including substitutions not properly approved and authorized, shall be considered defective. All warranties contained in this Agreement and in the Contract Documents shall be in addition to and not in limitation of all other warranties or remedies required and/or arising pursuant to applicable law. Furthermore, CONTRACTOR will provide written guarantee for work and materials for one (1) calendar year after acceptance by OWNER. The one (1) period is not a limitation upon manufacturer warranties or CONTRACTOR's payment and performance Bond(s). f. Project Site. The CONTRACTOR shall, among other things, (i) visit and thoroughly inspect the project site and any structure(s) or other man-made features to be modified and become familiar with local conditions under which the project will be constructed and operated; (ii) if applicable, familiarize itself with the survey, including the location of all existing buildings, utilities, conditions, streets, equipment, components, and other Veterans Park Bio-Swale 2023-06 10 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT October 2023 attributes having or likely to have an impact on the project; (iii) familiarize itself with the City's layout and design requirements, conceptual design objectives, and budget for the project; (iv) familiarize itself with pertinent Project dates, including the Project Schedule; (v) review and analyze all project geotechnical, hazardous substances, structural, chemical, electrical, mechanical, and construction materials tests, investigations, and recommendations; and (vi) gather any other information necessary for a thorough understanding of the project. If the project involves modifications to any existing structure(s) or other man-made feature(s) on the project site, the CONTRACTOR shall also review all as -built and record drawings, plans, and specifications of adjacent work which the CONTRACTOR requests from the City, and shall thoroughly inspect the existing structure(s) and man-made feature(s) to identify existing deficiencies and ascertain the specific locations of pertinent structural components. Claims by the CONTRACTOR resulting from its failure to familiarize itself with the project site or pertinent documents shall be deemed waived. 17. ASSIGNMENT - CONTRACTOR shall not assign this Agreement, or any rights or any monies due or to become due hereunder without the prior, written consent of the OWNER. a. CONTRACTOR shall be fully responsible to OWNER for all acts and/or omissions performed by its subcontractors. b. If CONTRACTOR, prior to the commencement of any Work subcontracts any part of this Agreement by the subcontractor, CONTRACTOR shall require the subcontractor to provide OWNER and its affiliates with insurance coverage as set forth by the OWNER. 18. THIRD PARTY RIGHTS - Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than OWNER and CONTRACTOR. 19. PROHIBITION AGAINST CONTINGENT FEES - CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 20. NO JOINT VENTURE - Nothing herein shall be deemed to create ajoint venture or principal - agent relationship between the parties and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other party. 21. INDEMNIFICATION — CONTRACTOR shall indemnify and hold harmless the OWNER, its officers, employees, agents, engineer, and city attorneys (individually and in their official Veterans Park Bio-Swale 2023-06 11 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT October 2023 capacity, from liability, losses, damages, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of CONTRACTOR and persons employed or utilized by CONTRACTOR in the performance of this Agreement. CONTRACTOR specifically assumes potential liability for actions brought by CONTRACTOR'S own employees against the OWNER and, solely for the purpose of this indemnification and defense, CONTRACTOR specifically waives its entitlement, if any, to immunity under Section 440.11, Florida Statutes. This waiver has been specifically and mutually negotiated by the parties. The indemnification provided above shall obligate the CONTRACTOR to defend at its own expense or to provide for such defense, at the option of the OWNER, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against the OWNER or its officers, employees, and city attorneys which may covered by this indemnification. In all events the OWNER and its officers, employees, engineer, and city attorneys shall be permitted to choose legal counsel of its sole choice, the fees for which shall be reasonable and subject to and included with this indemnification provided herein. In consideration of the CONTRACTOR'S indemnity obligations, the parties allocate ONE PERCENT (1%) OF THE CONTRACT SUM as specific consideration for CONTRACTOR's indemnification of OWNER and that the specific consideration is included in the original Contract Price allocated by CONTRACTOR among all pay items - receipt of which is acknowledged. The indemnity provisions set forth in this Paragraph shall survive termination of this Agreement. 22. SAFETY - CONTRACTOR shall be solely and absolutely responsible and assume all liability for the safety and supervision of its principals, employees, contractors, and agents while performing work provided hereunder. More specifically, the CONTRACTOR shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. The CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 1. All employees on the project site and other persons who may be affected thereby. 2. All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the project site. 3. Other property at the project site or adjacent thereto. CONTRACTOR shall comply with all applicable Federal Occupational Safety and Health Administration (OSHA) and Florida Department of Transportation safety standards and shall assure and monitor the compliance of its Subcontractors with those same standards. Veterans Park Bio-Swale 2023-06 12 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT October 2023 Further, CONTRACTOR shall work in compliance with the OSHA Hazardous Communication Standard and Florida Department of Environmental Protection guidelines, and shall supply all information about hazardous chemical being brought onto City property as required by any applicable City Safety and Loss Control Program. 23. CORPORATE REPRESENTATIONS BY CONTRACTOR - CONTRACTOR hereby represents and warrants to the OWNER the following: a. CONTRACTOR is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this Agreement. b. The undersigned signatory for CONTRACTOR has the power, authority, and the legal right to enter into and perform the obligations set forth in this Agreement and all applicable exhibits thereto, and the execution, delivery, and performance hereof by CONTRACTOR has been duly authorized by the board of directors and/or president of CONTRACTOR. In support of said representation, CONTRACTOR agrees to provide a copy to the OWNER of a corporate certificate of good standing provided by the State of Florida prior to the execution of this Agreement. c. CONTRACTOR is duly licensed under all local, state and federal laws to provide the work stated in paragraph 1.0 herein. In support of said representation, CONTRACTOR agrees to provide a copy of all said licenses to the OWNER prior to the execution of this Agreement. 24. BOND - CONTRACTOR shall supply a materials, performance and payment bond(s) in accordance with Florida law and in substantially in conformance with the forms attached to the Agreement as Exhibit "A" and approved by the City Attorney. The materials, performance, and payment amounts shall be in an amount equal to 100% of the Contract Price for the work prescribed herein. The issuance of bonds required under this Agreement shall not relieve Contractor of any liability under the Agreement. Contractor shall remain jointly and severally liable with any surety issuing a bond under the Contract. The premium for such bonds is included in the Contract Price. 25. INSURANCE - During the term of this Agreement, CONTRACTOR shall be responsible for providing the types of insurance and limits of liability as set forth under this Paragraph. Additionally, all independent contractors or agents employed by CONTRACTOR to perform any Work hereunder shall fully comply with the insurance provisions contained in these Contract Documents. a. The CONTRACTOR shall maintain comprehensive general liability insurance in the minimum amount of $2,000,000 as the combined single limit for each occurrence to protect the CONTRACTOR from claims of property damages which may arise from any Work Veterans Park Bio-Swale 2023-06 13 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT October 2023 performed under this Agreement whether such Work are performed by the CONTRACTOR or by anyone directly employed by or contracting with the CONTRACTOR. b. The CONTRACTOR shall maintain comprehensive automobile liability insurance in the minimum amount of $1,000,000 combined single limit bodily injury and minimum $1,000,000 property damage as the combined single limit for each occurrence to protect the CONTRACTOR from claims for damages for bodily injury, including wrongful death, as well as from claims from property damage, which may arise from the ownership, use, or maintenance of owned and non -owned automobiles, including rented automobiles whether such operations be by the CONTRACTOR or by anyone directly or indirectly employed by the CONTRACTOR. c. The CONTRACTOR shall maintain, during the life of this Agreement, adequate Workers' Compensation Insurance in at least such amounts as are required by law and Employer's Liability Insurance in the minimum amount of $2,000,000 for all of its employees performing Work for the OWNER pursuant to this Agreement. d. The CONTRACTOR shall maintain comprehensive builder risk insurance, which shall cover CONTRACTOR'S labor, and any materials and equipment to be used for completion of the Work performed under this Agreement, against all risks of direct physical loss, excluding earthquake and flood, for a minimum amount of the Total Contract Price. CONTRACTOR shall maintain the builder risk insurance required by this subsection until final completion. Current, valid insurance policies meeting the requirements herein identified shall be maintained during the term of this Agreement. A copy of a current Certificate of Insurance shall be provided to the OWNER by CONTRACTOR upon the Effective Date of this Agreement which satisfied the insurance requirements of this Paragraph 25. Renewal certificates shall be sent to the OWNER 30 days prior to any expiration date. There shall also be a 30-day advance written notification to the OWNER in the event of cancellation or modification of any stipulated insurance coverage. The OWNER and its engineer shall be an additional named insured on all stipulated insurance policies as its interest may appear, from time to time, excluding worker's compensation and professional liability policies. Insurance covering the specified additional insureds shall be primary insurance, and all other insurance carried by the additional insured shall be excess insurance; and with respect to workers' compensation and employer's liability, comprehensive automobile liability, commercial general liability, and umbrella liability insurance, CONTRACTOR shall require CONTRACTOR's insurance carriers to waive all rights of subrogation against OWNER and its engineer, the engineer's consultants, and their respective officers, directors, partners, employees and agents. Veterans Park Bio-Swale 2023-06 14 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT October 2023 Each policy shall contain a cross liability or severability of interest clause or endorsement. 26. MEDIATIONNENUE - The parties agree that should any dispute arise between them regarding the terms or performance of this Agreement, both parties will participate in mediation. The parties agree to equally share the cost of the mediator. Should the parties fail to resolve their differences through mediation, then any cause of action filed hereunder shall be filed in the Circuit or County Court for BREVARD County, Florida. The Contractor's surety is bound by this provision. 27. GOVERNING LAW & VENUE - This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be BREVARD County, Florida. Venue for any federal action or litigation shall be Orlando, Florida. The Contractor's surety is bound by this provision. 28. ATTORNEY'S FEES - Should either party bring an action to enforce any of the terms of this Agreement, each party shall bear its own costs and expenses of such action including, but not limited to, reasonable attorney's fees, whether at settlement, trial or on appeal. This provision does not apply to Contractor's surety. 29. NOTICES - Any notice or approval under this Contract shall be sent, postage prepaid, to the applicable party at the address shown on the first page of this Contract. 30. WORK IS A PRIVATE UNDERTAKING - With regard to any and all Work performed hereunder, it is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the OWNER and CONTRACTOR is such that the CONTRACTOR is an independent contractor and not an agent of the OWNER. The CONTRACTOR, its contractors, partners, agents, and their employees are independent contractors and not employees of the OWNER. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the OWNER, on one hand, and the CONTRACTOR, its contractors, partners, employees, or agents, during or after the performance of the Work under this Agreement. 31. DOCUMENTS - Public Records: It is hereby specifically agreed that any record, document, computerized information and program, audio or video tape, photograph, or other writing of the CONTRACTOR and its independent contractors 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 OWNER or the CONTRACTOR. Said record, document, computerized information and program, audio or video tape, photograph, or other writing of the CONTRACTOR is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the OWNER's City Manager. Upon request by the OWNER, the CONTRACTOR shall promptly supply copies of said public records to the OWNER. 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 CONTRACTOR be open Veterans Park Bio-Swale 2023-06 15 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT October 2023 and freely exhibited to the OWNER for the purpose of examination and/or audit. Failure by CONTRACTOR 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 OWNER upon delivery of a written notice of cancellation. If CONTRACTOR fails to comply with this Section, and the OWNER must enforce this Section, or the OWNER suffers a third party award of attorney's fees and/or damages for violating Chapter 119, Florida Statutes, due to CONTRACTOR's failure to comply with this Section, the OWNER shall collect from CONTRACTOR prevailing party attorney's fees and costs, and any damages incurred by the City, for enforcing this Section against CONTRACTOR. And, if applicable, the OWNER shall also be entitled to reimbursement of all attorneys' fees and damages which the OWNER had to pay a third party because of the CONTRACTOR's failure to comply with this Section. The terms and conditions set forth in this Section shall survive the termination of this Agreement. The CONTRACTOR acknowledges that the OWNER is a Florida municipal corporation and subject to the Florida Public Records Law. CONTRACTOR agrees that to the extent any document produced by CONTRACTOR under this Agreement constitutes a Public Record; CONTRACTOR shall comply with the Florida Public Records Law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, THE CITY CLERK, AT (321) 868-1220, ext. 207, cityclerk@cityofcapecanaveraiorq, City Clerk's Office, 100 Polk Avenue, Cape Canaveral, Florida 32920. 32. SOVEREIGN IMMUNITY - The OWNER intends to avail itself of the benefits of Section 768.28, Florida Statutes and any other statutes and common law governing sovereign immunity to the fullest extent possible. Neither this provision nor any other provision of this Agreement shall be construed as a waiver of the OWNER's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the OWNER's potential liability under state or federal law. CONTRACTOR agrees that OWNER shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, OWNER shall not be liable for any claim or judgment, or portion thereof, to any one person for over two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds three hundred thousand dollars ($300,000.00). Nothing in this Agreement is intended to inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. This paragraph shall survive termination of this Agreement. 33. HEADINGS - Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. Veterans Park Bio-Swale 2023-06 16 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT October 2023 34. INTEGRATION; MODIFICATION - The drafting, execution, and delivery of this Agreement by the Parties has been induced by no representations, statements, warranties, or agreements other than those expressed herein. This Agreement embodies the entire understanding of the parties, and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein. Modifications of this Agreement shall only be made in writing signed by both parties. 35. WAIVER AND ELECTION OF REMEDIES - Waiver by either party of any terms, or provision of this Agreement shall not be considered a waiver of that term, condition, or provision in the future. No waiver, consent, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party hereto. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. 36. DRAFTING - OWNER and CONTRACTOR each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. 37. NOTICE - Any notices required to be given by the terms of this Agreement shall be delivered by hand or mailed, certified mail, return receipt requested, postage prepaid to: For CONTRACTOR: Company Name: Attn: Address: Phone: Fax: For OWNER: City of Cape Canaveral Attn: City Manager 100 Polk Avenue Cape Canaveral, Florida 321-868-1220 (x218) Either party may change the notice address by providing the other party written notice of the change. Any Notice given as provided herein shall be deemed received as follows: if delivered by personal service, on the date so delivered; if delivered to an overnight courier service, on the Veterans Park Bio-Swale 2023-06 17 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT October 2023 business day immediately following delivery to such service; and if mailed, on the third business day after mailing. 38. CONFLICT OF INTEREST. a. The CONTRACTOR agrees that it will not engage in any action that would create a conflict of interest in the performance of its obligations pursuant to this Contract with the OWNER or which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government and the OWNER's Personnel Policies. b. The CONTRACTOR hereby certifies that no officer, agent or employee of the OWNER has any material interest (as defined in Section 112.312 (15), Florida Statutes, as over five percent (5%) either directly or indirectly, in the business of the CONTRACTOR to be conducted here, and that no such person shall have any such interest at any time during the term of this CONTRACT. c. Pursuant to Section 216.347, Florida Statutes, the CONTRACTOR hereby agrees that monies received from the OWNER pursuant to this Agreement will not be used for the purpose of lobbying the Legislature or any other State or Federal Agency. 39. ADDITIONAL ASSURANCES. a. No principal (which includes officers, directors, or executive) or individual holding a professional license and performing Work under this Agreement is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any Work required by this Agreement by any Federal, State, or local governmental commission, department, corporation, subdivision, or agency; b. No principal (which includes officers, directors, or executive), individual holding a professional license and performing Work under this Agreement, employee, or agent has employed or otherwise provided compensation to, any employee or officer of the OWNER; and c. No principal (which includes officers, directors, or executive), individual holding a professional license and performing Work under this Agreement, employee or agent has willfully offered an employee or officer of the OWNER any pecuniary or other benefit with the intent to influence the employee or officer's official action or judgment. 40. E-VERIFY - Pursuant to section 448.095, Florida Statutes, beginning January 1, 2021, any City contractors shall register with and use the U.S. Department of Homeland Security's E- Verify system, https://e-verify.uscis.gov/emp, to verify the work authorization status of all employees hired on and after January 1, 2021. City Contractors must provide evidence of compliance with section 448.095, Florida Statutes. Evidence shall consist of an affidavit from the Veterans Park Bio-Swale 2023-06 18 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT October 2023 Contractor stating all employees hired on and after January 1, 2021 have had their work authorization status verified through the E-Verify system and a copy of their proof of registration in the E-Verify system. Failure to comply with this provision will be a material breach of the contract, and shall result in the immediate termination of the contract without penalty to the City. The City Contractor shall be liable for all costs incurred by the City securing a replacement contract, including but not limited to, any increased costs for the same services, any costs due to delay, and rebidding costs, if applicable. If the City Contractor utilizes Subcontractors the following shall apply: a. Contractor shall also require all subcontractors performing work under the Agreement to use the E-Verify system for any employees they may hire during the term of the Agreement. b. Contractor shall obtain from all such subcontractors an affidavit stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, as defined in section 448.095, Florida Statutes. c. Contractor shall provide a copy of all subcontractor affidavits to the City upon receipt and shall maintain a copy for the duration of the Agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. ATTEST: Mia Goforth, City Clerk Veterans Park Bio-Swale 2023-06 CITY OF CAPE CANAVERAL By: Todd Morley, City Manager Date: 19 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT October 2023 CONTRACTOR By: Print name/title: Date: STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of () physical presence or () online notarization, this day of , 2023, by , the of , who is personally known to me or who produced as identification and who did take an oath. Veterans Park Bio-Swale 2023-06 (Notary Public Signature) (Print Name) Notary Public, State of Commission No.: My Commission Expires: 20 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT October 2023 EXHIBIT A Performance and Payment Bond In compliance with the Florida Statutes Chapter 255.05 (1) (a) BOND NO.: Contractor Name: Contractor Address: Contractor Phone No.: Surety Company: Surety Agent: Owner Name: Owner Address: Owner Phone No. Owner Fax No. Owner Email: Contract Date: Contract Amount: Bond Amount: Contract No. (if applicable): City of Cape Canaveral 100 Polk Avenue Cape Canaveral, Florida 32920 (321) 868-1220, x218 (321) 868-1247 t.morley@cityofcapecanaveral.org $ $ Veterans Park Bio-Swale 2023-06 21 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT October 2023 Description of Work: Project Address: Legal Description: Bid Number: BY THIS BOND, we as Principal and a Corporation as Surety, are bound to City of Cape Canaveral , herein called Owner, in the sum of $ , for payment of which we bind ourselves, our heirs, Personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: a. Performs the contract dated , 20 , between Principal and Owner for construction of as specified for the location, the contract being made a part of this bond by reference, at the times and in the manner prescribed in this contract; and b. Promptly makes payments to all claimants, as defined in section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution if the work provided for the contract; and c. Pays Owner all losses, damages, including delay damages, expenses, and costs that Owner sustains because of a default by Principal under the contract; and d. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract and by law, then this bond is to be void; otherwise it remains in full force and effect. e. In any action against this performance bond, the Owner is entitled to attorney's fees under sections 627.428 and 627.756, Florida Statutes, and Danis Industries Corp. v. Ground Improvement Techniques, 645 So.2d 420 (Fla. 1994) and McCarthy Bros. Co. v. Tilbury Construction, Inc., 849 So.2d 7 (Fla. 15` DCA 2003), including appellate attorney's fees. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. Veterans Park Bio-Swale 2023-06 22 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT October 2023 Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. IN WITNESS WHEREOF, the said Principal and Surety have assigned and sealed this instrument this day of 20 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signature Title SURETY Company: (Corporate Seal) Signature Title Veterans Park Bio-Swale 2023-06 23 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT October 2023 ITEM # 14 City of Cape Canaveral John DeLeo, Administrative/Financial Director P.O. Box 326 Cape Canaveral, FL 32920 (321) 868-1230 (321) 868-1248 fax j.deleo@cityofcapecanaveral.org Memo TO: The Honorable Mayor and Members of the City Council VIA: Todd Morley, City Manager FROM: John DeLeo, Administrative/Financial Services Director DATE: October 18, 2023 RE: Monthly Financial Report — September 2023 Staff is pleased to present the Monthly Financial Report for the period ending September 30, 2023. At this point in the Fiscal Year, the Year -to -Date Actuals should be 100% of the total annual budget. Total General Fund Departmental costs were 81.5% below target. Administrative Services finished above target by 9.4%. Community Development/Code Enforcement/Economic Development was under target at 99%. Building Department was below target at 88.7%. Protective Services were over target by .3%. Fire Rescue was over target by 13.2%. Parks Recreation/Community Affairs was 20.8% below target. Non -Departmental expenditures were below budgetary projections by 53%. The Community Redevelopment Agency (CRA) has incurred $2,114,711 of expenses for the current Fiscal Year. Wastewater Fund overall costs was under target at 56.1%. The Stormwater Fund was under target cost at 22%. The City's General Fund investments total $8,668,175.51; Special Revenue investments total $878,073.46; and Enterprise Fund investments total $951,536.02. The Grand total of all investments is $10,497,784.99. The Annual Rate of Return for each Investment is attached. If you have questions or wish anything additional, please contact me. City of Cape Canaveral Fund Narrative Period Ended September 30, 2023 (as of 10/17/2023) Revenue (12th month of fiscal year = 100%) 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 -July and an accrual for August and September. This revenue source is slightly below target at 98.5%. Franchise Fees, Utility Service Taxes and Communications Service Tax This amount represents some actuals for October -September and some accruals for August and September. These are above target at 107.2%. Permits and Licenses Permits and Licenses are above target at 108.1%. This will see greatest revenue in August/September when the BTR renewals are distributed and paid. State Shared Revenues These revenues are above target at 104.1%. This amount represents some actuals for October - September, as well as some accruals for August and September. This revenue source includes State Sales Tax, Municipal Gas Tax, Mobile Home Licenses, Alcoholic Beverage Licenses, and Local 1/2 Cent Sales Tax. Garbage and Recycling Revenues This amount represents actual collections for October -September. These are above target at 125.9%. Recreation Fees (Leisure Services) Recreation Fees are below target at 76.8%. Investment Income Investment Income is above target at 1210.1%. 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 -September. It is slightly below target at 99.6%. Stormwater Utility Fees (Stormwater Fund) This amount represents actual collections for October -September. It is on target at 100.4%. City of Cape Canaveral Statement of Revenues&Expenditures Period Ended September 30,2023 (as of 10/17/2023) GENERAL FUND FY 2022-2023 SEPT 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 2,222,000 1,251,253 56.3% 2,222,000 Cash Forward -R&R 898,500 399,485 44.5% 898,500 Ad Valorem Taxes 5,512,589 5,586,755 101.3% 5,512,589 Local Option Gas Tax 361,000 355,457 98.5% 361,000 Franchise Fees 949,066 1,056,614 111.3% 949,066 Utility Taxes 1,302,226 1,525,388 117.1% 1,302,226 Communications Service Tax 422,000 393,427 93.2% 422,000 Permits&Licenses 693,450 749,849 108.1% 693,450 State Grants 75,000 0.0% 75,000 ARPA Revenue 3,937,000 0.0% 3,937,000 State Shared Revenue 1,098,700 1,143,233 104.1% 1,098,700 Local Shared Revenue 127,601 127,601 100.0% 127,601 Charges for Services 30,818 35,061 113.8% 30,818 Garbage&Recycling Revenue 1,270,215 1,599,122 125.9% 1,270,215 Recreation Fees 300,300 230,525 76.8% 300,300 Fines&Forfeitures 12,600 14,540 115.4% 12,600 Interest Income 32,700 395,705 1210.1% 32,700 Fire Hydrant Rental Fee 85,637 84,773 99.0% 85,637 Miscellaneous Revenue 40,750 76,967 188.9% 40,750 PAL Program Revenue 12,000 58,877 490.6% 12,000 Transfer from School Guard Crossing Fund 2,050 0.0% 2,050 Transfer from Aerial Fire Projection Fund - 32,709 0.0% - Transfer from CRA Fund 814,947 1,425,516 174.9% 814,947 Contribution from Wastewater Fund 720,656 720,656 100.0% 720,656 Contribution from Stormwater Fund 19,566 19,566 100.0% 19,566 Loan Proceeds 250,000 0.0% 250,000 TOTAL REVENUES $ 21,191,371 $ 17,283,079 81.6% $ 21,191,371 EXPENDITURE Legislative 98,573 71,032 72.1% 98,573 Administrative Services 540,548 591,313 109.4% 540,548 Comm Dev/Code Enf/Econ Development 868,177 859,413 99.0% 868,177 Protective Services 3,501,187 3,509,954 100.3% 3,501,187 Fire/Rescue Services 3,008,064 3,404,788 113.2% 3,008,064 Building 449,605 398,841 88.7% 449,605 Infrastructure Maintenance 1,682,911 1,046,054 62.2% 1,682,911 Parks Recreation + Community Affairs 1,693,649 1,341,614 79.2% 1,693,649 Legal Services 344,293 197,062 57.2% 344,293 Solid Waste 1,271,215 1,573,381 123.8% 1,271,215 Debt Service 1,420,737 1,420,737 100.0% 1,420,737 Non-Departmental 6,080,875 2,857,334 47.0% 6,080,875 Contingency 231,537 0.0% 231,537 TOTAL EXPENDITURES $ 21,191,371 $ 17,271,523 81.5% $ 21,191,371 Excess of Revenues Over/(Under) Expenditures $ 11,556 Page 1 of 6 City of Cape Canaveral Statement of Revenues&Expenditures Period Ended September 30,2023 (as of 10/17/2023) POLICE EDUCATION FUND FY 2022-2023 SEPT 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Police Education Income 1,020 1,231 120.7% 1,020 Interest Income 75 256 341.3% 75 TOTAL REVENUES $ 1,095 $ 1,487 135.8% $ 1,095 EXPENDITURE Education&Training - - Contingency 1,095 0.0% 1,095 TOTAL EXPENDITURES $ 1,095 $ - 0.0% $ 1,095 Excess of Revenues Over/(Under) Expenditures $ 1,487 IIMI- FIRE PROTECTION FUND FY 2022-2023 SEPT 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward R&R - Interest Income 264 460 174.2% 264 TOTAL REVENUES $ 264 $ 460 174.2% $ 264 EXPENDITURE Transfer to General Fund - 32,709 0.0% - Contingency 264 0.0% 264 TOTAL EXPENDITURES $ 264 $ 32,709 12389.8% $ 264 Excess of Revenues Over/(Under) Expenditures $ (32,249) TRANSFER FROM FUND BALANCE FOR AERIAL TRUCK PURCHASE Page 2 of 6 City of Cape Canaveral Statement of Revenues&Expenditures Period Ended September 30,2023 (as of 10/17/2023) SCHOOL CROSSING GUARD FUND FY 2022-2023 SEPT 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 1,200 0.0% 1,200 Parking Fine Surcharge 900 1,130 125.6% 900 TOTAL REVENUES $ 2,100 $ 1,130 53.8% $ 2,100 EXPENDITURE Transfer to General Fund 2,100 0.0% 2,100 Contingency - 0.0% - TOTAL EXPENDITURES $ 2,100 $ - 0.0% $ 2,100 Excess of Revenues Over/(Under) Expenditures $ 1,130 LIBRARY FUND FY 2022-2023 SEPT 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Ad Valorem Taxes 70,193 71,176 101.4% 70,193 Ad Valorem Tax Delinquent 50 0.0% 50 Tax Penalty Income 60 41 68.3% 60 Interest Income 7,380 7,186 97.4% 7,380 Interest-Tax Collections 42 199 473.8% 42 TOTAL REVENUES 77,725 $ 78,602 101.1% $ 77,725 EXPENDITURE Operating Expenses 34,275 25,829 75.4% 34,275 Capital Purchases 30,000 26,099 87.0% 30,000 Contingency 13,450 0.0% 13,450 TOTAL EXPENDITURES 77,725 51,928 66.8% $ 77,725 Excess of Revenues Over/(Under) Expenditures $ 26,674 Page 3 of 6 City of Cape Canaveral Statement of Revenues&Expenditures Period Ended September 30,2023 (as of 10/17/2023) CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY FY 2022-2023 SEPT 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward Shared Revenue from Cape Canaveral 1,099,809 1,099,809 100.0% 1,099,809 Shared Revenue from Brevard County 1,099,809 1,058,562 96.2% 1,099,809 Interest Income 288 3,917 1360.1% 288 Transfer from General Fund 250,000 141,958 56.8% 250,000 TOTAL REVENUES 2,449,906 2,304,246 94.1% $ 2,449,906 EXPENDITURE Operating Expenses 5,999 4,242 70.7% 5,999 Capital Purchases 1,232,312 634,519 51.5% 1,232,312 Debt Service 867,270 867,270 100.0% 867,270 Due to General Fund - 608,680 0.0% - Contingency 344,325 0.0% 344,325 TOTAL EXPENDITURES 2,449,906 2,114,711 86.3% $ 2,449,906 Excess of Revenues Over/(Under) Expenditures $ 189,535 Page 4 of 6 City of Cape Canaveral Statement of Revenues&Expenditures Period Ended September 30,2023 (as of 10/17/2023) IMPACT FEES FUND FY 2022-2023 SEPT 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Interest Income - 2,061 0.0% - Impact Fees-Police 19,250 19,727 102.5% 19,250 Impact Fees-Fire/Rescue 3,376 13,197 390.9% 3,376 Impact Fees-Transportation 0.0% - Impact Fees-Parks/Recreation 22,700 23,187 102.1% 22,700 Impact Fees-General Government 15,850 16,300 102.8% 15,850 Impact Fees-Aerial Fire Truck 9,520 - 0.0% 9,520 Impact Fees-Library 12,000 12,245 102.0% 12,000 Transfer from General Fund - 503,111 0.0% - TOTAL REVENUES 82,696 589,828 713.2% $ 82,696 EXPENDITURE Contingency 82,696 0.0% 82,696 TOTAL EXPENDITURES 82,696 - 0.0% $ 82,696 Excess of Revenues Over/(Under) Expenditures $ 589,828 LAW ENFORCEMENT TRUST FUND FY 2022-2023 SEPT 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 5,229 0.0% 5,229 Contraband Income 1,650 0.0% 1,650 Interest-State 45 37 82.2% 45 Transfer from General Fund - 27,768 0.0% - TOTAL REVENUES 6,924 27,805 401.6% $ 6,924 EXPENDITURE School Resource Officer 6,924 6,924 100.0% 6,924 TOTAL EXPENDITURES 6,924 6,924 100.0% $ 6,924 Excess of Revenues Over/(Under) Expenditures $ 20,881 Page 5 of 6 City of Cape Canaveral Statement of Revenues&Expenditures Period Ended September 30,2023 (as of 10/17/2023) WASTEWATER ENTERPRISE FUND FY 2022-2023 SEPT 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 644,500 0.0% 644,500 Utility Operating Income 4,667,300 4,647,546 99.6% 4,667,300 Utility Penalty Income 70,000 59,212 84.6% 70,000 Sewer Assessment Fees 84,000 95,090 113.2% 84,000 Reuse Hook-Up Fees 2,925 0.0% 2,925 Reclaimed Water Revenue 91,650 92,312 100.7% 91,650 Interest Income 2,520 12,078 479.3% 2,520 Sale of Fixed Assets 2,000 8,470 423.5% 2,000 Transfer from General Fund 2,500,000 228,897 9.2% 2,500,000 Transfer from CRA Fund 52,324 52,324 100.0% 52,324 SRF Loan Proceeds 1,320,000 954,277 72.3% 1,320,000 Miscellaneous Income 2,000 7,484 374.2% 2,000 TOTAL REVENUES 9,439,219 6,157,690 65.2% $ 9,439,219 EXPENDITURE Personal Services 1,913,966 1,783,271 93.2% 1,913,966 Operating Expenses 1,597,455 1,041,007 65.2% 1,597,455 Debt Service 666,911 630,497 94.5% 666,911 Capital Purchases 4,499,930 1,117,397 24.8% 4,499,930 Contribution to General Fund 720,656 720,656 100.0% 720,656 Contingency 40,301 0.0% 40,301 TOTAL EXPENSES 9,439,219 5,292,828 56.1% $ 9,439,219 Excess of Revenues Over/(Under) Expenses $ 864,862 AdMiir STORMWATER ENTERPRISE FUND FY 2022-2023 SEPT 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 626,500 0.0% 626,500 Stormwater Utility Fees 1,087,800 1,092,066 100.4% 1,087,800 Interest Income 1,380 7,144 517.7% 1,380 Transfer from General Fund 1,175,000 111,147 9.5% 1,175,000 TOTAL REVENUES $ 2,890,680 $ 1,210,357 41.9% $ 2,890,680 EXPENDITURE Personal Services 366,873 371,092 101.1% 366,873 Operating Expenses 271,230 142,220 52.4% 271,230 Capital Purchases 1,501,500 102,432 6.8% 1,501,500 Contribution to General Fund 19,566 19,566 100.0% 19,566 Contingency 731,511 0.0% 731,511 TOTAL EXPENSES 2,890,680 635,310 22.0% $ 2,890,680 Excess of Revenues Over/(Under) Expenses $ 575,047 Page 6 of 6 Florida State Treasury - Special Purpose Investment Account (SPIA) & FL SAFE As of September 30,2023 Funds were invested with the State of Florida Division of Treasury,with a rate of return 2.49% Interest earned for the month: $ 37,269.35 General Fund Committed (Constrained by Council) Expansion Recreation 45,328.54 Expansion Police 34,318.27 A1A Replenishment 24,000.00 Capital Equipment Renewal &Replacement 211,055.56 Total Committed $ 314,702.38 Assigned-General Fund Emergency Reserve $ 1,495,349.01 Unassigned $ 475,358.38 Total General Fund SPIA Investments: $ 2,285,409.76 Florida Safe General Fund Emergency Reserve-0.06%(average monthly) 1,321,877.15 Florida Safe Note 2021 -0.06%(average monthly) 186,914.07 Florida Safe ARPA Reserve-0.06%(average monthly) 4,873,974.53 Total General Fund Florida Safe Investments: $ 6,382,765.75 Total General Fund Investments: $ 8,668,175.51 Special Revenue Funds Restricted (by outside party) Police Education Fund 12,810.92 Aerial Fund - Library Fund 359,207.88 Impact Fees 504,221.55 Law Enforcement Trust Fund 1,833.11 Total Restricted $ 878,073.46 Total Special Revenue Fund SPIA Investments: $ 878,073.46 Enterprise Funds Wastewater Fund: Wastewater General- Unrestricted - Wastewater Fund Renewal &Replacement 536,725.08 $ 536,725.08 Stormwater Fund: Stormwater Fund -Unrestricted - Stormwater Fund Renewal &Replacement 414,810.94 $ 414,810.94 Total Enterprise Fund SPIA Investments: $ 951,536.02 TOTAL SPIA&FLSAFE INVESTMENTS $ 10,497,784.99