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HomeMy WebLinkAboutcocc_council_mtg_packet_20240319_regularCAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA March 19, 2024 6:00 P.M. Please email public comments before noon to: cityclerk@cityofcapecanaveral.org For remote options, please visit: www.cityofcapecanaveral.org/city_meetings CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS All Agenda Section times are estimates and subject to change. PRESENTATIONS/INTERVIEWS 1 6:00 p.m. - 6:10 p.m. Presentation of Proclamation declaring April as "Water Conservation Month" to James Cannon, Intergovernmental Coordinator from the St. Johns River Water Management District. Interview Applicant for appointment to the Culture and Leisure Services Board. (Angela Raymond) 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 6:25 p.m. — 6:30 p.m. 1. Approve the February 15, 2024 Workshop and February 20, 2024 Regular Meeting Minutes. 2. Resolution No. 2024-01; appointing a member to the Culture and Leisure Services Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Angela Raymond) 3. Resolution No. 2024-02; amending the Defined Contribution Retirement Plan for the General Employees of the City of Cape Canaveral, Florida, beginning in the FY 24/25 budget; providing for the repeal of prior inconsistent resolutions, severability and an effective date. 4. Approve an updated Statewide Mutual Aid Agreement with the State of Florida Division of Emergency Management providing for reciprocal emergency aid between the City of Cape Canaveral, the State and other local government entities in the event there is a need that cannot be met with existing resources and authorize the Mayor to execute same. 5. Approve the purchase of a Tiger Dam flood barrier system for the City of Cape Canaveral Community Center (C5) in the amount of $47,283.00 and authorize the City Manager to execute the same. City of Cape Canaveral, Florida City Council Regular Meeting • March 19, 2024 Agenda • Page 2 of 2 ITEM FOR ACTION 1 6:30 p.m. — 6:40 p.m. 6. Approve date/time/location for a City Council Joint Educational Workshop Meeting with the Planning and Zoning Board regarding Green Stormwater Infrastructure and Low Impact Development Codes and Program Incentives. ITEM FOR DISCUSSION 1 6:40 p.m. — 6:50 p.m. 7. Lowing Golf cart registration to gain compliance. (Submitted by Mayor Pro Tem Kellum) REPORTS 1 6:50 p.m. — 7:00 p.m. INFORMATIONAL I Items presented for informational purposes only; no action to be taken. 8. Monthly Financial Report —January 2024. 9. Update to the January 24, 2024 Special Council Meeting. 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 • MARCH 19, 2024 AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS Subject: Presentation of Proclamation declaring April as "Water Conservation Month" to James Cannon, Intergovernmental Coordinator from the St. Johns River Water Management District. Department: Leg islative Summary: The St. Johns River Water Management District (SJRWMD) is working with the State of Florida, other water management districts, local governments and water supply utilities to increase awareness about the importance of water conservation and to increase efforts to conserve water. Even though over 70% of the Earth's surface is covered by water, it is estimated that only 0.5% to 1% of this available supply is drinkable. SJRWMD encourages/supports water conservation through its water supply planning processes, coordination of educational programs and special events, cooperative funding programs, technical assistance and regulatory programs. The month of April is typically a dry one when water demands are most acute. For this reason, SJRWMD and the State of Florida designate this month as Florida's Water Conservation Month to encourage Floridians to conserve the State's precious resource. Along with this, local governments are also encouraged to designate April as Water Conservation Month. Scheduled to be present tonight to receive the Proclamation is James Cannon, SJRWMD's Intergovernmental Coordinator. Submitting Council Member: Mayor Wes Morrison Attachment: Proclamation Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Present Proclamation to Mr. Cannon. Approved by City Manager: Todd Morley Official City of Cape Canaveral, Florida WHEREAS, the City of Cape Canaveral's surrounding natural environment, the ecosystem, and unique beauty it affords are the foundation of our community; and WHEREAS, the planet's environment is currently facing numerous perils from human - related activities that must be addressed, including a loss of biodiversity, extreme weather, sea level rise, and freshwater depletion; and WHEREAS, water is a basic and essential need of every living creature; and WHEREAS, the State of Florida, the Saint John's River Water Management District, the City of Cocoa Water Utilities, and the City of Cape Canaveral are working together to increase awareness about the importance of water conservation and stewardship; and WHEREAS, the City of Cape Canaveral and the State of Florida has designated April, typically a dry month when water demands are most acute, Florida's Water Conservation Month, to educate citizens about how they can help save Florida's precious water resources; and WHEREAS, the City of Cape Canaveral has always encouraged and supported water conservation, through various educational programs and special events; and WHEREAS, every business, industry, school and resident can make a difference when it comes to conserving water; and WHEREAS, every business, industry, school and citizen can help by saving water and thus promote a healthy economy and community; and WHEREAS, as outdoor irrigation comprises a large portion of water use, it is important to encourage citizens and businesses to focus on improving outdoor irrigation efficiency; and WHEREAS, the City of Cape Canaveral will continue to support and expand initiatives that enhance water -based sustainability and resiliency in order to improve the safety, security and wellbeing of residents both now and in the future. NOW, THEREFORE, 1, Wes Morrison, Mayor of the City of Cape Canaveral, Brevard County, Florida, do hereby proclaim the month of April, 2024 as WATER CONSERVATION MONTH in the City of Cape Canaveral to help protect our precious resources by practicing water -saving measures and becoming more aware of the need to save water. Signed and Sealed this ____ Day of ___________, _______________ _______________________ Mayor CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MARCH 19, 2024 AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS Subject: Interview Applicant for appointment to the Culture and Leisure Services Board. (Angela Raymond) Department: Culture and Leisure Services Board Summary: The Culture and Leisure Services Board is an advisory board to the City Council and consists of seven members. Currently, there is one vacancy. Angela Raymond is a resident of Cape Canaveral who meets the minimum qualification requirements for CLSB membership (Attachment 1). It is proposed that Ms. Raymond be appointed to fill the vacancy. Per City Code, Sec. 2-171(c)(5), any person nominated, elected or appointed to serve on a board or committee of the City shall complete interviews with the Board or Committee on which the person is seeking appointment and with the City Council. At its January 25, 2024 Meeting, the CLSB interviewed Ms. Raymond, and voted unanimously to recommend her appointment (Attachment 2). Based on the Applicant's interest and willingness to volunteer, it is recommended that Council interview and appoint Ms. Raymond to the CLSB. Submitting Department Director: Molly Thomas Attachments: 1. Board Application (Angela Raymond) 2. CLSB Recommendation Memo Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Interview Applicant for appointment to the Culture and Leisure Services Board. (Angela Raymond) Approved by City Manager: Todd Morley Attachment 1 City of Cape Canaveral 100 Polk Avenue Cape Canaveral FL 32920-0326 Phone (321) 868-1220 — Fax (321) 868-1248 APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: GENERAL Applicant Name: Angela Mary Raymond Home Address: 7048 Sevilla Ct # 202 Phone Number: 321-783-6094 / 321-501-7939 Occupation: Retired Business Phone: N/A Business Address: N/A Email: angray8@aol.com ELEGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? X Yes 0 No 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? X Yes 0 No 3. Are you a Business owner? 0 Yes X No a. If yes, please list the name: 4. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. ❑ Yes X No a. If yes, have your civil rights been restored? ❑ Yes ❑ No 5. Do you presently serve on any other City of Cape Canaveral advisory board or committee? ❑ Yes X No a. If yes, please list each: 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily c nsent to having a standard background check performed on you by the City of Cape Canaveral? X Yes 0 No Initials: A.M.R 7. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? 0 Yes X No a. If yes, please provide name(s) of person(s) and relationship to you: City of Cape Canaveral Advisory Board Application Pg. 1 INTEREST/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: Love Cape Canaveral. Interest in Community Service! 2. In numerical sequence (1=most interested), please rank the advisory board on which you wish to serve: a. 5 Board of Adjustment* b. 4 Business and Economic Development Board c. 2 Community Appearance Board d. 1 Culture and Leisure Services Board e. 3 Planning and Zoning Board* Just Mailed 12/13/23 * Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while stil a member of said board. FLC Transportation & Intergov. Affairs / FLC Eco Development 6 Years 3. Briefly state any prior experiences in serving on any governmental board or committee: CCCity Council Appearance Board (5 yrs) SCLOC Executive Bd 6 yrs 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee. Good at writing By-Laws / Rules / Procedures for Organizations. Understanding of Politics. can sit through 6-hour meetings. STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Race: 0 African American Gender: 0 Male ❑ Asian American X Female ❑ Hispanic American 0 Other X Caucasian ❑ Other Disability: 0 Physically Disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. City of Cape Canaveral Advisory Board Application Pg. 2 PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for three years from date of submission. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1220 ext. 206 or 207. Signature: Date: 12/13/23 Please return to: City of Cape Canaveral Office of the City Clerk P.O. Box 326 Cape Canaveral Florida 32920 OFFICE USE ONLY RECEIVED DEC 20 2023 By: CCO DL Enter Date & Time Received City of Cape Canaveral Advisory Board Application Pg. 3 Attachment 2 Memo Parks, Recreation + Community Affairs TO: City Council FROM: Molly Thomas, Parks, Recreation and Community Affairs Director DATE: January 31, 2024 RE: Recommendation to the City Council — Culture and Leisure Services Board Applicant (Angela Raymond) On January 25, 2024, the Culture and Leisure Services Board (CLSB) interviewed Angela Raymond to fill the one vacant seat on the Board. The CLSB unanimously voted to recommend that the Council appoint the applicant. Based on the interview, CLSB recommendation, and her willingness to serve, Staff recommends the Council interview and appoint Mrs. Raymond. Please let me know if you have any questions. Thank you. ITEM # 1 DRAFT CAPE CANAVERAL CITY COUNCIL WORKSHOP MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Thursday February 15, 2024 3:30 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 3:30 p.m. Mayor Pro Tem Kellum led the Pledge of Allegiance. ROLL CALL: Council Members Present: Council Member Kim Davis (departed 4:23 p.m.) Council Member Kay Jackson Mayor Pro Tem Mickie Kellum Mayor Wes Morrison Council Member Don Willis (departed 5:44 p.m.) Others Present: City Manager City Clerk Brevard County Sheriff's Office Lieutenant Todd Morley Mia Goforth Scott Molyneaux PUBLIC PARTICIPATION: None. ITEM FOR CONSIDERATION: EV Charging Station Additional Options, New Trends, and State of the Industry Discussion (Submitted by Council Member Jackson): Council Member Jackson explained the Item with a PowerPoint presentation and requested Council consensus to define how to keep the City Electric Vehicle (EV) charging stations under evaluation of profitability, while ensuring the program covers itself financially. Discussion ensued and included fluctuation in the Local Option Gas Tax, Florida Power and Light Franchise Fee, promotion of the City EV Program is being done through normal distribution on the City's social media, Weekly Reports, and the City website, EV charging applications, concerns over the low charging data so far, increasing the hours of operation at City Parks with EV Chargers, presenting arguments not to have chargers while at the same time discussing a marketing strategy, profitability and technology will catch up in time, opposition to government incentives, concern over market decline, question over why Staff was not present, how the City provides projects and programs as services without the intent of making revenue or profit, and the need to determine if the EV Program is a service the City wants to provide. City Manager Morley discussed how the EV chargers have always been an experiment, the expectation of breaking even, and that not everything the City does is profit -oriented such as Parks and Recreation rates. Council Member Jackson continued with a Proposal to Council to: 1) Obtain reoccurring financials from Staff to know the total investment, net present value, equivalent annual cost, and monthly costs; 2) Obtain reoccurring reports from Staff on usage via number of charge sessions and financials on those sessions, and; 3) Obtain reoccurring maintenance reports from Staff to know current outages and repairs including any costs. City of Cape Canaveral, Florida DRAFT City Council Workshop Meeting Thursday, February 15, 2024 Minutes Page 2 of 2 Andrea Shea King, resident, discussed support for the Item, and opposition to electric vehicles and EV chargers. Sarah Hodge, property owner, discussed opposition to EV chargers, and concerns regarding liability to the City. Discussion ensued regarding support for keeping an eye on the market, the EV Program is not comparable to the City's Recreation Program, how the Cape Canaveral Community Center benefits all tax payers, and an opinion that the City is a business. Mayor Morrison recessed the meeting at 4:38 p.m. The meeting reconvened at 4:55 p.m. Discussion ensued and included regarding the Proposal to Council, support for receiving quarterly reports from Staff, gaining consensus from Council on the various points of the Proposal, kilowatt hour usage and notification of Council, potential change in the City Code to allow EV charging at City Parks outside of current hours of operation, pros and cons of opening City Parks twenty-four hours a day, every day, creating exceptions to authorize EV Parking on case -by case basis, potential maintenance costs after warranty, purchasing and on -going costs related to facilities and EV Chargers, pros and cons of government subsidies, and reasons Council approved the EV Program. Council reached consensus for Staff to provide quarterly reports of the items contained in the Proposal to Council, provide an analysis report for parking at City Parks 24/7 with a potential amendment to the City Code, provide a report on the EV Charger warranty, and potential maintenance costs after expiration of the warranty. Discussion continued regarding City fleet vehicle usage of the City EV Charging Stations being free to the City, and clarification that the Stations are bought and paid for. Council Member Jackson thanked everyone for their time. ADJOURNMENT: The Workshop Meeting was adjourned at 5:57 p.m. Wes Morrison, Mayor Mia Goforth, City Clerk DRAFT CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Hybrid Meeting via GoTo webinar Tuesday February 20, 2024 6:00 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 p.m. Council Member Willis led the Pledge of Allegiance. ROLL CALL: Council Members Present: Council Member Council Member Mayor Pro Tem Mayor Council Member Kim Davis Kay Jackson Mickie Kellum Wes Morrison Don Willis Others Present: City Manager City Attorney City Clerk Administrative/Financial Services Director Capital Projects Director Community + Economic Development (C+ED) Dir. C+ED Chief Resilience Manager C+ED Senior Planner C+ED Resilience Engineering Services (RES) Mgr. Public Works Services Director Brevard County Sheriff's Office Commander Brevard County Sheriff's Office Lieutenant Todd Morley Anthony Garganese (arrived 6:04 p.m.) Mia Goforth John DeLeo Tim Carlisle Dave Dickey Zachary Eichholz Kyle Harris Lexi Miller June Clark Byron Keck Scott Molyneaux APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS: A motion was made by Council Member Willis, seconded by Council Member Davis, to approve the Agenda as written. Motion carried 5-0. PRESENTATIONS/INTERVIEWS: Presentation of Proclamation declaring March 2024 as "Irish -American Heritage Month" in the City of Cape Canaveral to Keith Reynolds, representing The Ancient Order of the Hibernians: Mayor Morrison read and presented the Proclamation to Brevard County Division 2 Treasurer Scott Jurgensen, who thanked and invited Council to attend the St. Patrick's Day Parade in Melbourne on Saturday, March 16, 2024. Presentation by Zachary Marchetti, Community Engagement and Outreach Officer for the Brevard Zoo, to provide an update on the progress of the proposed 14-acre aquarium and conservation center at Port Canaveral: Mr. Marchetti made a presentation to Council, noting the plan to break ground in the Fall with a projected opening of the aquarium and conservation center at Port Canaveral in 2027, and confirmed the slide presentation can be made available to the City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • February 20, 2024 Minutes • Page 2 of 5 public. Mayor Morrison noted Business and Economic Development Board Chairperson Dawn Mays suggested the presentation, and thanked Mr. Marchetti. Presentation of Sierra Club Florida's distinguished Osprey Award to Zachary Eichholz, the City of Cape Canaveral's Chief Resilience Manager, by Turtle Coast Sierra Club Group member Bill DeBusk: Turtle Coast Sierra Club Chairperson DeBusk addressed the Council, explaining the Club represents Brevard and Indian River County, purpose and activities involving environmental projects and protection, reviewed Chief Resilience Manager Eichholz' background and accomplishments, and presented the Award to Mr. Eichholz. Mr. Eichholz expressed thanks for being nominated, and gratitude to the City with which the Award should be shared. Presentation by Zachary Eichholz, City of Cape Canaveral Chief Resilience Manager, reviewing the City's new 2024 Flood Mitigation and Adaptation Strategy Overview document: Chief Resilience Manager Eichholz made a presentation to Council, noting the document is an outgrowth of the City's 2021 Resiliency Action Plan, is available online and will be updated on an annual basis. Mr. Eichholz confirmed the City's rain data can be provided upon request, and additional data is available on Florida Atlantic University's website. Annual Audited Financial Statements and Independent Auditor's Report for the Fiscal Year ended September 30, 2023 — Presentation by Michael Messano, James Moore & Co: Mr. Messano presented the Report to Council, thanked Financial Services, and the City. Administrative/Financial Services Director DeLeo thanked Staff, announced Deputy Finance Director Jenny Coldiron is taking a Finance Director position out of State, and commended Ms. Coldiron for her work and dedication to the City. Mayor Morrison thanked Mr. Messano and James Moore & Co. PUBLIC PARTICIPATION: John Benton, visitor, discussed a Code reduction hearing. Michele Hight, resident and Portside Villas Condominium Association representative, discussed meeting with the City and Ambassador Services, Inc., and the significant improvements made by the company since. Ms. Hight thanked the City and indicated she will work with C+ED Director Dickey for updates going forward. Ray Zawacki, Portside Villas resident, expressed thanks to Council and urged for continued improvement efforts. Bonnie Cawker, resident and Sand Pebbles Condominium Association representative, discussed seeking compliance and approval to trim sea grape trees on the beachside and the southside of the boardwalk on Fillmore Avenue, to the 3 1/2 foot level for aesthetic improvements, and communication with the Florida Department of Environmental Protection and City Staff. Mayor Morrison stated he met with Ms. Cawker a year ago about the issue, and discussed his intention to consider the concern during the Reports section of the Agenda. Tina Freeman, resident and Sand Pebbles Condominium Association representative, discussed the pedway stenciling by expressing thanks to Council, ways to further mitigate conflicts with cyclists riding on sidewalks, desire to work with Chief Resilience Manager Eichholz for a North Atlantic right whale education workshop, and desire to get everyone on the same page regarding sea grape trimming and compliance. Arlyn DeBlauw, resident, noted his watching right whales since 2007. Council Member Willis recognized Mr. DeBlauw's perfect attendance at meetings as the City's representative on the Space Coast Transportation Organization Citizen Advisory Board. CONSENT AGENDA: 1. Approve Minutes for the January 16, 2024 Regular and January 24, 2024 Special Meetings. City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • February 20, 2024 Minutes • Page 3 of 5 2. Accept the Annual Audited Financial Statements and Independent Auditor's Report for the Fiscal Year ended September 30, 2023. 3. Approve proposal from Mead & Hunt, Inc. in the amount of $58,459 for Construction Phase Engineering Services as part of the Center Street Pump Station and authorize City Manager to execute same. 4. Approve the purchase of a new backhoe in the amount of $85,699.51 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. ITEM FOR ACTION: 5. Approve and provide possible dates for a City Council Joint Educational Workshop Meeting with the Planning and Zoning Board regarding Green Stormwater Infrastructure and Low Impact Development Codes and Program Incentives: City Manager Morley explained the Item. RES Manager Miller discussed schedule conflicts since the printing of the Agenda, and alternative days for Council to consider for the Workshop. Discussion ensued and included the purpose of the meeting, the time commitment of 1-2 hours which would replace the regular Planning and Zoning Board Meeting, and coordinating Council and Board Member availability. Council reached consensus for a possible Workshop on the Wednesdays of March 27, April 3, or April 17. Mayor Morrison recessed the meeting at 7:25 p.m. The meeting reconvened at 7:40 p.m. ITEMS FOR DISCUSSION: 6. Discuss the criteria for Special Meetings/Workshops (Submitted by Council Member Davis): Council Member Davis explained the Item. Discussion ensued and included adequate time to prepare for meetings, request for special and workshop meetings to start at 4:00 p.m., previous requests Council Member Davis made for 4:00 p.m. start times, City Code meeting guidelines, explanations for calling recent special and workshop meetings to start earlier than 4:00 p.m., determining what the urgency for a meeting is, conflicts with work schedules, virtual remote option to attend meetings, the State requirement allowing up to two Council Members to attend meetings electronically, communication with the City Clerk regarding availability to attend meetings per City Code Sec. 2-57(a)(2), desire to know which Council Member is calling the meeting, meeting times, providing a block of time for the length of the meeting, range of dates, subject matter, and whether it is appropriate for Council Members to call or email each other to schedule meetings. City Attorney Garganese discussed a provision in the City Charter allowing Council to adopt resolutions for excused absences which would not count as a mark against the person for attendance purposes, encouraged Council use its approved Meeting Schedule to call meetings while during their public meetings, and recommended Council follow the City Code in order to void Sunshine Law issues. Discussion continued regarding using the Council -approved Reserved Dates first for scheduling meetings, using Code Sec. 2.57(a)(1) if there is not an urgency to call a Special or Workshop meeting otherwise, and providing reasons for declining availability. Council reached consensus to call Special and Workshop Meetings by first checking the official City Council Meeting Schedule Reserved Dates, contact the City Clerk to specify the length of time needed for a meeting and blocks of time for availability, schedule or call for meetings during a City Council Regular Meeting if possible, and start meetings no earlier than 4:00 p.m. City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • February 20, 2024 Minutes • Page 4 of 5 7. A discussion on local Issues we face In Cape Canaveral followed by the opportunity to create a Task Force, Committee or Board of residents and businesses to advocate and make recommendations to the City Council for a pedestrian friendly city. This group would potentially explore community support, resources, grants and other opportunities to fund Initiatives/projects that Is not dependent on taxes. (Submitted by Mayor Morrison): Mayor Morrison introduced Dr. Lana Saal, and distributed handouts to Council. Dr. Saal introduced herself as a resident of the City, discussed her work in health, wellness and fitness promotion, and explained her proposal and vision for a pedestrian -friendly City -initiative to include a task force, committee or a board, with a revenue stream, which would make recommendations to the Council. Discussion ensued and included inquiry regarding Dr. Saal's experience and background, how the City's Business and Economic Development Board and Local Roads Committee is charged with working on the issues discussed, implementing the proposed concepts into the current City Board duties, following City procedures for recruitment and creation of a new board, and whether Council would like to bring the item back to the March City Council Meeting. Dr. Saal thanked the Council. Council did not reach any consensus. REPORTS: City Manager Morley discussed an informational status report of activities regarding properties located on Fillmore and Jackson Avenues will be provided for the March City Council Regular Meeting, and thanked Mayor Morrison for calling the Special Meeting of January 24, 2024. Discussion ensued regarding Kimley Horn's Task Order which was reviewed with each Council Member. Mayor Morrison requested a copy of the of the Task Order for each Council Member, and an update at each City Council Meeting until the issues are resolved. Council Member Willis discussed the Local Roads Committee Meeting on January 23, 2024, the plan for a traffic study with Port Canaveral through the Space Coast Transportation Planning Organization, and attendance at the February 5, 2024 Coffee with a Cop at Cherie Down Park. Council Member Davis discussed the Space Coast League of Cities Scholarship Application is available online with a deadline of March 1, 2024, the League's scheduled Form 6 Electronic Financial Disclosure training session at the Cocoa Civic Center on March 18, 2024, and how Attorney Paul Gougelman is planning to file an injunction related to a class action suit against the new requirement for municipal elected officials to file Form 6. Council MemberJackson discussed the City Council Workshop Meeting held on February 15, 2024 regarding electric vehicles and chargers. Mayor Pro Tem Kellum discussed the Veterans of Foreign Wars Post 10131 participation in the City Community Redevelopment Agency (CRA) Financial Incentives Grants Program to redevelop their Memorial Wall, and thanked Staff and City Attorney Garganese for assisting the Portside Villas community. Mayor Morrison turned the discussion to sea grape tree trimming issues, including the City's Frequently Asked Questions section of the City website regarding Beach Management guidelines, impacts to sea turtle and other animal populations, no requirements in the City Code regarding sea grapes trimming, City involvement would only be necessary if maintenance is requested on City property, trimming should be consistent with Florida Department of Environmental Protection (FDEP) guidelines, views to and from the beach related to sea turtle hatchlings are critical, property values and views, and whether there is a standard to maintain sea dune heights for sea turtles. City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • February 20, 2024 Minutes • Page 5 of 5 Tina Freeman, Sand Pebbles Condominium Association representative, discussed compliance overseen by various State agencies including FDEP. City Manager Morley discussed a need for the City to create a procedure, including the requirement for contractors to provide liability insurance to the City and FDEP, and Council may approve the procedure. Discussion ensued regarding how to manage landscaping maintenance in the City Right of Ways (ROW). City Attorney Garganese discussed the City controls the ROW, and would have to authorize any cutting of sea grape trees in the ROW. Capital Projects Director Carlisle explained the process of sea grape tree maintenance for condos, and that the City lets the sea grapes grow on its property for sea turtle habitat and other wildlife. Discussion continued how to move forward, difficulty of relocating the palm trees in the ROW, a collection of photos shared by Bonnie Cawker, Sand Pebbles Condominium Association representative, the City Code process for private property tree removal, City Manager Morley's suggested options including to only address the trimming of the sea grapes now, address palm trees after sea turtle season, authorize a contractor to provide insurance, and have the City Arborist determine the health of the trees between now and the next meeting. Council reached consensus to allow Sand Pebbles Condominium to proceed with trimming of sea grape trees in the City ROW, with the contractor's proof of insurance certificate including the City as insured, and for a report from the City Arborist on all the palm trees within the City ROW Fillmore Avenue beach end. C+ED Director Dickey proposed a simple application for coordination with all parties first, and without having to come back to the City Council in the future. Council reached consensus for a City Manager level recommendation application to authorize sea grape tree trimming, which creates a City Council approved policy to address the action on a case -by -case basis in the future. Discussion ensued regarding individuals walking across the sea dunes instead of using boardwalks to access the beach during the Sea Oat Planting event this year and at other times, and whether signs need to be placed facing away from the beach would help mitigate the issue. City Manager Morley and Council Member Willis agreed to investigate the issue together. ADJOURNMENT: The Meeting was adjourned at 9:51 p.m. Wes Morrison, Mayor Mia Goforth, City Clerk CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MARCH 19, 2024 AGENDA ITEM SUMMARY • ITEM # 2 Subject: Resolution No. 2024-01; appointing a member to the Culture and Leisure Services Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Angela Raymond) Department: City Clerk's Office Summary: At its January 25, 2024 Meeting, the Culture and Leisure Services Board (CLSB) interviewed Angela Raymond to fill a vacancy and voted to recommend her for appointment. Ms. Raymond is scheduled to be interviewed by Council earlier in this Meeting to fill the remainder of an existing, unexpired term that will end October 1, 2024. This term is vacant due to a former member resigning from the Board in March 2022. Following the completion of this partial term, Ms. Raymond shall be eligible for reappointment to the CLSB, consistent with the limitations set forth in Section 2-171(f), City Code. It is now incumbent upon Council to appoint a member to the CLSB. Submitting Department Director: Mia Goforth Attachment: Resolution No. 2024-01 Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Adopt Resolution No. 2024-01. Approved by City Manager: Todd Morley RESOLUTION NO. 2024-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; APPOINTING A MEMBER TO THE CULTURE AND LEISURE SERVICES BOARD OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Section 54-26 established a Board known as the Culture and Leisure Services Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint a member to said Board. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. Section 2. Appointment to City Advisory Board. Pursuant to Section 2-171(e) of the Cape Canaveral City Code, the City Council of the City of Cape Canaveral hereby appoints the following individual to the Culture and Leisure Services Board: Angela Raymond shall be appointed to serve until October 1, 2024. Following completion of this term, this appointee shall be eligible for reappointment, consistent with the limitations set forth in section 2-171(f), City Code. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 19th day of March, 2024. [Signature page follows] City of Cape Canaveral Resolution No. 2024-01 Page 1 of 2 ATTEST: Mia Goforth, CMC, City Clerk Wes Morrison, Mayor Name FOR AGAINST Kim Davis Kay Jackson Mickie Kellum Wes Morrison Don Willis Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No. 2024-01 Page 2 of 2 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MARCH 19, 2024 AGENDA ITEM SUMMARY • ITEM # 3 Subject: Resolution No. 2024-02; amending the Defined Contribution Retirement Plan for the General Employees of the City of Cape Canaveral, Florida, beginning in the FY 24/25 budget; providing for the repeal of prior inconsistent resolutions, severability and an effective date. Department: Human Resources/Risk Management Summary: The City's current Defined Contribution Plan was established 23 years ago with a non - elective contribution of 7% into a 401(a) retirement account (Attachment 1) and was later updated 18 years ago to include a matching contribution of 3% into the 401(a) retirement account, based on an employee's contribution into a 457(b) retirement account (Attachment 2). Current labor market conditions have created concerns for employee retention due to a tight labor market, with 9 million job openings and 6.1 million unemployed workers as of January 2024 (Attachment 3). This indicates a need for the City to offer competitive benefits to attract and retain talent, especially in the context of the Great Resignation and the Great Reshuffling (Attachment 4). In comparing with industry standards, Jeremy Button, Florida League of City's (FLC) Retirement Financial Analyst, who handles the City's Defined Contribution Plan, provided the City with the "best plans" that FLC currently manages (Attachment 5). These "best plans" average out to 11% for the 401(a) and 5% for the 457(b) match (Attachment 6). The financial implications for the proposed update to the Defined Contribution Plan is estimated to increase the retirement plan costs by $181,210.44, from $302,795.88 to the new total amount of $484,006.32 (Attachment 7). Further, Mr. Button acknowledges the public sector practice of reducing or removing a vesting period. After reviewing the minimal financial impact from the annual average of the City's forfeiture account (see Attachment 8 & 9), it is advisable to eliminate the vesting period structure of 2 years at 25%, 3 years at 50%, 4 years at 75%, and 5 years at 100%. Accordingly, this item will implement immediate vesting upon completion of an employee's probation period. This adjustment is expected to enhance our ability to attract more applicants. The effective date of the resolution is October 13, 2024, which is the first day of the first pay period in FY 24/25. Submitting Department Director: Melinda Huser Attachments: 1. Resolution No. 2001-27 2. Resolution No. 2006-51 3. Labor Force Participation Rate - January 2024, U.S. Chamber Analysis 4. "The Great Reshuffle" - December 2023, U.S. Chamber Analysis 5. Email dated February 14, 2024 - Jeremy Button, Florida League of Cities, Senior Financial Analyst 6. Averages of Best Plans 7. Retirement Plan Costs and Projected Costs 8. Five Year Average of City's Forfeiture Account 9. Email dated November 2, 2023 - Jeremy Button, Florida League of Cities, Senior Financial Analyst 10. Resolution No. 2024-02 City of Cape Canaveral City Council Meeting • March 19, 2024 Agenda Item # 3_ Page 2 of 2 Financial Impact: See Attachment 7; Staff time and effort to prepare this agenda item Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Adopt Resolution No. 2024-02. Approved by City Manager: Todd Morley Attachment 1 RESOLUTION NO. 01-27 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA ESTABLISHING A DEFINED CONTRIBUTION PLAN; PROVIDING FOR EXECUTION OF TRUST JOINDER AGREEMENT; PROVIDING FOR ADOPTION OF DEFINED CONTRIBUTION PLAN; PROVIDING FOR ACKNOWLEDGEMENT OF MASTER TRUSTEES; PROVIDING FOR EXECUTION OF AN ADOPTION AGREEMENT; PROVIDING FOR ABIDING BY TERMS AND ACCEPTANCE OF SERVICES; PROVIDING FOR TERMINATION OF PARTICIPATION; PROVIDING FOR ACKNOWLEDGEMENT REGARDING ASSETS; PROVIDING FOR APPROVAL BY MASTER TRUSTEES; PROVIDING FOR FULL FORCE AND EFFECTIVENESS; PROVIDING FOR REPEAL OF CONFLICTING RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral, Brevard County, Florida, (hereinafter referred to as the "Participating Employer") has determined that in the interest of attracting and retaining qualified employees, it wishes to offer a defined contribution plan; WHEREAS, the Participating Employer has also determined that it wishes to encourage employees' saving for retirement by offering non -matching contributions; WHEREAS, the Participating Employer has reviewed the Florida Municipal Pension Trust Fund ("FMPTF") Defined Contribution Plan ("Plan"); WHEREAS, the Participating Employer wishes to participate in the Plan to provide certain benefits to its employees, reduce overall administrative costs, and afford attractive investment opportunities; WHEREAS, the Participating Employer is an Employer as defined in the Plan; WHEREAS, the Participating Employer shall execute a Trust Joinder Agreement to become a party to the FMPTF Master Trust Agreement as a condition of participating in the Plan; WHEREAS, the Participating Employer shall execute an Adoption Agreement for the Plan; and WHEREAS, the City of Cape Canaveral is authorized by law to adopt this resolution approving the Trust Joinder Agreement and the Adoption Agreement; City of Cape Canaveral, Florida Resolution No. 01-27 Page 2 THEREFORE, the City of Cape Canaveral, Brevard County, Florida hereby resolves: Section 1. The Participating Employer authorizes the execution of the Trust Joinder Agreement for the Participating Employer to become a party to the FMPTF Master Trust Agreement. The FMPTF Master Trust Agreement, as may be amended by the Master Trustees of the FMPTF Defined Contribution Plan ("Master Trustees"), shall be attached to and made a part of the Trust Joinder Agreement. Section 2. The Participating Employer adopts the FMPTF Defined Contribution Plan for its Employees. The Plan, as may be amended by the Master Trustees, is attached hereto as Exhibit 1 and is made a part of this Resolution. Section 3. The Participating Employer acknowledges that the Master Trustees are only responsible for the Plan and have no responsibility for other employee benefit plans maintained by the Participating Employer. Section 4. The Participating Employer hereby adopts the terms of the Adoption Agreement, which is attached hereto as Exhibit 2 and is made a part of this Resolution. The Adoption Agreement sets forth the Employees to be covered by the Plan, the benefits to be provided by the Participating Employer under the Plan, and any conditions imposed by the Participating Employer with respect to, but not inconsistent with, the Plan. The Participating Employer reserves the right to amend its elections under the Adoption Agreement, so long as the amendment is not inconsistent with the Plan, the FMPTF Master Trust Agreement or the Internal Revenue Code or other applicable law and is approved by the Master Trustees of the Plan. Section 5. (a) The Participating Employer shall abide by the terms of the Plan and the FMPTF Master Trust Agreement, including amendments to the Plan and the FMPTF Master Trust Agreement made by the Master Trustees, all investment, administrative, and other service agreements of the Plan and the FMPTF Master Trust Agreement, and all applicable provisions of the Internal Revenue Code or other applicable law. (b) The Participating Employer accepts the administrative services to be provided by Florida League of Cities, Inc. and any services provided by a service manager as delegated by the Master Trustees. The Participating Employer acknowledges that fees will be imposed with respect to the services provided and that such fees may be deducted from the Participating Employees' accounts. Section 6. (a) The Participating Employer may terminate its participation in the Plan, if it takes the following actions: City of Cape Canaveral, Florida Resolution No. 01-27 Page 3 (i) A resolution must be adopted terminating its participation in the Plan. (ii) The resolution must specify when the participation will end. The Master Trustees shall determine whether the resolution complies with the Plan, the FMPTF Master Trust Agreement, and all applicable federal and state laws, shall determine an appropriate effective date, and shall provide appropriate forms to terminate ongoing participation. However, distributions under the Plan of existing accounts to Participating Employees will be made in accordance with the Plan. (b) The Participating Employer acknowledges that the Plan and the FMPTF Master Trust Agreement contain provisions for involuntary Plan termination. Section 7. The Participating Employer acknowledges that all assets held in connection with the Plan, including all contributions to the Plan, all property and rights acquired or purchased with such amounts and all income attributable to such amounts, property or rights shall be held in trust for the exclusive benefit of Participating Employees and their Beneficiaries under the Plan. No part of the assets and income of the Plan shall be used for, or diverted to, purposes other than for the exclusive benefit of Participating Employees and their Beneficiaries and for defraying reasonable expenses of the Plan. All amounts of compensation deferred pursuant to the Plan, all property and rights acquired or purchased with such amounts and all income attributable to such amounts, property or rights held as part of the Plan, shall be transferred to the Master Trustees to be held, managed, invested and distributed as part of the Master Trust Fund in accordance with the provisions of the Plan and the FMPTF Master Trust Agreement. All contributions to the Plan must be transferred by the Participating Employer to the Master Trust Fund. All benefits under the Plan shall be distributed solely from the Master Trust Fund pursuant to the Plan. Section 8. This Resolution, the Trust Joinder Agreement and the Adoption Agreement shall be submitted to the Master Trustees for their approval. The Master Trustees shall determine whether the Resolution complies with the Plan and the FMPTF Master Trust Agreement, and, if it does, shall provide appropriate forms to the Participating Employer to implement participation in the Plan. The Master Trustees may refuse to approve an Adoption Agreement by an Employer that does not have proper authority to participate in the Plan. The City of Cape Canaveral hereby acknowledges that it is responsible to assure that this Resolution, the Trust Joinder Agreement and the Adoption Agreement are adopted and executed in accordance with the requirements of applicable law. Section 9. This Resolution shall remain in full force and effect until supplemented, amended, repealed or otherwise altered. Section 10. This Resolution hereby repeals all resolutions in conflict herewith. City of Cape Canaveral, Florida Resolution No. 01-27 Page 4 Section 11. This Resolution shall become effective immediately upon its adoption. PASSED AND ORDAINED BY the City Council of the City of Cape Canaveral, Brevard County, Florida, this 18th day of September, 2001. (Signature) Rocky Randels, MAYOR ATTEST: FOR Burt Bruns X Buzz Petsos X Rocky Randels X Richard Treverton Motion Larry Weber Second AGAINST (Signature) Susan Stills, CITY CLERK APPROVED AS TO FORM: (Signature) Kohn Bennett, CITY ATTORNEY RESOLUTION NO. 01-27 EXHIBIT 1 Florida Municipal Pension Trust Fund § 401(a) Defined Contribution Plan Adoption Agreement Participating Employer: Name of Government Entity Address Address City-State-Zip City of Canaveral P.O. Box 326 105 Polk Ave Cape Canaveral FL 32920 Individual to Receive Plan Notices Ms. Andrea Bowers Title City Treasurer Telephone 321-868-1234 Fax 321-799-3170 e-mail Bowers-cape@cfl.rr.com Your Plan Administrator is: Florida League of Cities, Inc. 301 S. Bronough Street P.O. Box 1757 Tallahassee, Florida 32302 Phone: (850) 222-9684 Fax: (850) 222-3806 Contacts: Mark Sittig, Retirement Services Manager, 850-224-6779 x276, marksittig@flcities.com Taimmi Jackson, FMPTF Trust Adrninistrator, 850-224-6779 x272 tjackson@flcities.com Plan Provisions The City of Cape Canaveral will use FMPTF's § 401(a) Defined Contribution Plan. For any Plan choice that this Adoption Agreement fails to specify, the Participating Employer is deemed to have specified the first -displayed choice. Your Plan Year is: X October 1 — September 30 January 1 — December 31 Other CO Florida Municipal Pension Trust Fund Florida League of Cities, Inc. RESOLUTION NO. 01-27 EXHIBIT 1 Florida Municipal Pension Trust Fund § 401(a) Defined Contribution Plan Adoption Agreement Payroll Periods The payroll period of the Participating Employer is: 0 weekly X bi-weekly • semi-monthly 0 monthly 0 other [specify]: Who's eligible? An Employee is eligible to share in Non -elective Contributions and Matching Contributions (to the extent provided under the Plan) if he or she meets all of the following three eligibility conditions: 1. Age condition An Employee is eligible if he or she has attained: X no age requirement age 16 age 18 age 21 2. Service condition An Employee is eligible if he or she has completed: no service requirement months of Eligibility Service X 1 Year of Eligibility Service X_Other: _Must work over 1000 hours/year 3. Excluded Employees Every Employee shares in Non -elective Contributions and Matching Contributions except an Employee who belongs to a classification specified below: © Florida Municipal Pension Trust Fund Florida League of Cities, Inc. page 2 RESOLUTION NO. 01-27 EXHIBIT 1 Florida Municipal Pension Trust Fund § 401(a) Defined Contribution Plan Adoption Agreement Participating Employer Contributions A Participating Employer may make Non -elective Contributions and/or Matching Contributions as specified below. Non elective Contributions and Matching Contributions that are tied to Payroll Periods (as defined in this Adoption Agreement) must be remitted to the Plan Administrator no later than 15 business days after the Payroll Period. Annual Contributions must be remitted to the Plan Administrator no later than 15 business days after the end of the Plan Year A Participating Employer may establish different classes of Employees for contribution purposes in this Adoption Agreement. The Participating Employer hereby elects to make Contributions as follows (choose one or both as applicable): X Non -elective Contributions — Participating Employer Non -elective Contributions will be made on the following basis: 7% of employee's compensation MatchingContributions Matching Contributions are Participating Employer Contributions that may be made to match all or a portion of a Participant's contribution to an eligible 457(b) deferred compensation plan. If the Participating Employer provides Matching Contributions, the amount of Matching Contributions made for a Participant each Plan Year will be (choose only one): [ ] up to __% of such Participant's Employee Basic Contributions. [ ] __% of the Participant's Employee Basic Contributions, which cannot exceed [ ] __% of the Participant's Benefit Compensation. [ ] other formula (requires approval from the FMPTF ) Non -elective Contributions and Matching Contributions in the year of termination A Participant shall receive the Employer Contribution during the year of termination regardless of time completed, subject to the vesting schedule. Non -elective Contributions and Matching Contributions will be made: __ per pay X_ monthly __ quarterly __ once a year 0 Florida Municipal Pension Trust Fund Florida League of Cities, Inc. page 3 RESOLUTION NO. 01-27 EXHIBIT 1 Florida Municipal Pension Trust Fund § 401(a) Defined Contribution Plan Adoption Agreement Benefit Compensation Benefit Compensation means the Participant's: X Benefit Compensation as defined in Provision 3.13 in the Plan Document. O other [specify] ( requires approval from the FMPTF) Vesting for Participating Employer Non -elective Contributions and Matching Contributions A Participating Employer may establish a vesting schedule for Participating Employer Non - elective Contributions and Matching Contributions. This means that if the Participant leaves the Participating Employer's employment prior to completing a specified minimum period of service (not to exceed 5 years), the Participant forfeits the Participating Employer's Non -elective Contributions and Matching Contributions. However, upon Death, Disability, or the Termination of the Plan, the Participant is 100% vested in the Participant's Participating Employer Non - elective Contributions and Matching Contlibutions, notwithstanding any vesting schedule. If a vesting schedule is established, it is the Participating Employer's responsibility to calculate the Participants service and report it to the Plan Administrator. The Participating Employer hereby elects the following: A Participant becomes Vested in his or her Plan Account according to: O immediate vesting -or- X the schedule marked below Years of Vesting Service Vested percentage 1 2 3 4 5 6 [ ] [ ] [ ] [X] [ ] 0% 20% 0% __ 0% 40% 25% __ 0% 60% 50% __ **** 0% 80% 75% __ **** 100% 100% 100% __ **** **** **** **** __ **** **** **** **** __ 0 Florida Municipal Pension Trust Fund Florida League of Cities, Inc. page 4 RESOLUTION NO. 01-27 EXHIBIT 1 Florida Municipal Pension Trust Fund $ 401 (a) Defined Contribution Plan Adoption Agreement Unless otherwise specified above, the vesting period will begin on the Participant's first day of employment as an Eligible Employee. In addition, unless otherwise indicated above, Eligible Employees who are employed on the date the Plan is adopted by the Employer will be given credit for prior service as an Eligible Employee for purposes of satisfying the vesting schedule. Also, unless otherwise provided above, different periods of service as an Eligible Employee will be added together in determining whether the vesting period has been satisfied. Restated Plan - If this is a Restated Plan to an existing defined contribution plan and the Vesting Schedule has been amended by this Restated Plan, enter the pre -amended vesting schedule below: a. X__ Years of Service Percentage Years of Service Percentage Less than 4 years _0% 7 yrs 70%. 4 yrs 4 0% 8 yrs 80%. 5 yrs 50% 9 yrs 90%. 6 yrs 60%. 10 or more yrs _100%_ b. Schedule has not been amended. Years of Vesting Service A year of vesting service shall be measured from the Participant's date of hire. The completion of twelve calendar months from the date of hire shall count as a year of vesting service. Any years of vesting service credited from prior years shall remain credited, regardless of revised provisions. Forfeitures Forfeitures shall be held in a Forfeiture Account and be used to reduce future Participating Employer Contributions. © Florida Municipal Pension Trust Fund Florida League of Cities, Inc. page 5 RESOLUTION NO. 01-27 EXHIBIT 1 Florida Municipal Pension Trust Fund § 401(a) Defined Contribution Plan Adoption Agreement Changing and Terminating this Adoption Agreement If a Participating Employer desires to amend any of its elections contained in this Adoption Agreement, the Participating Employer by official action must adopt an amendment to the Adoption Agreement or a new Adoption Agreement must be adopted and forwarded to the FMPTF for approval. This Adoption Agreement may be terminated only in accordance with the Plan. Adopting the Plan By signing below, the Participating Employer adopts the FMPTF 401(a) Defined Contribution Plan ("Plan"). The Participating Employer acknowledges that it received a copy of the Plan. The Participating Employer shall receive copies of any Plan amendments made by the FMPTF. The Participating Employer's signer represents that he or she is a proper officer of and has authority to enter into this Adoption Agreement as an obligation of the Participating Employer. City of Cape Canaveral Participating Employer BY: (Rocky Randels) Name: Title: Mayor- City of Cape Canaveral Date: 9/18/ 2001 Accepted for the: Florida Municipal Pension Trust Fund By the Administration: (Signature) Date: 10/ 2/ 01 © Florida Municipal Pension Trust Fund Florida League of Cities, Inc. Page 6 Attachment 2 RESOLUTION NO. 2006-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING THE RETIREMENT PLAN AND TRUST FOR THE EMPLOYEES OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR CONFLICTING RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral established a Retirement Plan and Trust for the Employees of the City of Cape Canaveral pursuant to Resolution number 2001-27; and WHEREAS, the Retirement Plan and Trust agreement was executed on September 18, 2001; and WHEREAS, Section 3.01 of the Plan and Trust authorizes the City Council to amend the Plan and Trust, in whole or in part, either retroactively or prospectively, by delivering to the Trustee a written amendment in accordance with the limitations set out in that section; and WHEREAS, the City Council desires to amend the plan to allow for matching contributions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL: SECTION 1. The City Council of the City of Cape Canaveral, in its capacity as the Trustee of the Retirement Plan and Trust for the employees of the City of Cape Canaveral hereby approves the changes as set out forth below, with additions to the Plan and Trust indicated by underlining (underlining) and deletions by strike through (stricken through). Participating Employer Contributions A Participating Employer may make Non -elective Contributions and/or Matching Contributions as specified below. Non elective Contributions and Matching Contributions that are tied to Payroll Periods (as defined in this Adoption Agreement) must be remitted to the Plan Administrator no later than 15 business days after the Payroll Period. Annual Contributions must be remitted to the Plan Administrator no later than 15 business days after the end of the Plan Year. The Participating Employer hereby elects to make Contributions as follows: X Non -elective Contributions — Participating Employer Non -elective Contributions will be made on the following basis: 7% of employee compensation. X Matching Contributions Matching Contributions are Participating Employer Contributions that may be made to match all or a portion of a Participant's contribution to an eligible 457(b) deferred compensation plan. If the Participating Employer provides Matching Contributions, the amount of Matching Contributions made for a Participant each Plan Year will be up to 3% of such Participant's Employee Basic Compensations. SECTION 2. The City Council of the City of Cape Canaveral hereby empowers the Mayor or its appointee of the City of Cape Canaveral with the authority to execute such documents and agreements as are required to effectuate this amendment of the Plan. SECTION 3. All Resolutions or parts of resolutions, in conflict with this resolution are hereby repealed. SECTION 4. This Resolution shall be effective October 1, 2006. ADOPTED BY the City Council of the City of Cape Canaveral, Brevard County, Florida, this 2nd day of January, 2007. (Signature) Rocky Randels, Mayor ATTEST: (Signature) Susan Stills, City clerk Approved as to Form: (Signature) Anthony A. Garganese, City Attorney Name For Robert Hoog X Leo Nicholas X Buzz Petsos Motion Rocky Randels X Shannon Roberts Second Against RESOLUTION NO. 2006-51 ATTACHMENT Florida Municipal Pension Trust Fund 457(b) Deferred Compensation Plan Adoption Agreement Please tell us about the Participating Employer: Name of GovernmentEntity Address Address City- State- Zip) City of Cape Canaveral 105 Polk Avenue P.O. Box 326 Cape Canaveral, FL 32920 Individual to Receive Plan Notices Title Telephone Fax e-mail Bennett Boucher City Manager 321-868-1230 321-868-1248 boucher-cape@cfl.rr.com Your Plan Administrator is: Florida League of Cities, Inc. 301 S. Bronough Street P.O. Box 1757 Tallahassee, Florida 32302 Phone: (850) 222-9684 Fax: (850) 222-3806 Contact: Paul Shamoun, Retirement Services Manager, PTShamoun@flcities.com Plan Provisions The Participating Employer will use FMPTF's § 457(b) Deferred Compensation Plan. For any Plan choice that this Adoption Agreement fails to specify, the Participating Employer is deemed to have specified the first -displayed choice. Your Plan Year is: October 1 — September 30 Payroll Periods The payroll period of the Participating Employer is: O weekly X bi-weekly O semi-monthly O monthly O other [specify]: © Florida Municipal Pension Trust Fund Florida League of Cities, Inc. RESOLUTION NO. 2006-51 ATTACHMENT Florida Municipal Pension Trust Fund § 457(b) Deferred Compensation Plan Adoption Agreement Who's eligible? Covered Departments A Participating Employer may cover all of its departments in the Plan or only those listed: X All Departments ❑ Covered Departments (must specify) Any Employee from a covered department (and any natural person or independent contractor who is an elected or appointed official or officer) is eligible to make § 457(b) Plan deferrals from his or her wages or fees paid by the Participating Employer. An Employee is eligible to begin participation immediately upon enrollment into Plan by completing the required documents. Changing and Terminating this Adoption Agreement If a Participating Employer desires to amend any of its elections contained in this Adoption Agreement, the Participating Employer by official action must adopt an amendment to the Adoption Agreement or a new Adoption Agreement must be adopted and forwarded to the FMPTF for approval. This Adoption Agreement may be terminated only in accordance with the Plan. Adopting the Plan By signing below, the Participating Employer adopts the FMPTF 457(b) Deferred Compensation Plan ("Plan"). The Participating Employer acknowledges that it received a copy of the Plan. The Participating Employer shall receive copies of any Plan amendments made by the FMPTF. The Participating Employer's signer represents that he or she is a proper officer of and has authority to enter into this Adoption Agreement as an obligation of the Participating Employer. CITY OF CAPE CANAVERAL Date: April 26, 2006 BY: (Signature) Rocky Randels, Mayor Accepted for the: Florida Municipal Pension Trust Fund By the Administrator: Florida League of Cities, Inc Date: Attachment 3 Labor For Participation Rate January 2024 68% 67% 66% 65% 64% 63% 62% 61% 60% 2004 2006 2008 2010 2012 2014 2016 2018 2020 2022 2024 Indicates recession Source: U.S, Chamber Analysis, BLS Data 62.5% Source: https://www.uschamber.com/workforce/understanding-americas-labor-shortage Attachment 4 The Great Reshuffle The Great Resignation worked Its way Into our vocabulary as the shift of our labor force started to become apparent —and the hashtag #qultfok even went viral as social media users posted about quitting their Jobs In search for more free time or better opportunities. However, the story is more complex than individuals leaving their Job.. In fact, a more appropriate moniker for the high quit rates over the past few years is the "Great Reshuffle." More than 34 million Americans quit their Jobs in 2023 and 3.7 million quit In September 2023 alone. However, the hiring rate has outpaced the quit rate since Nlovember 2020. This means Americans are seeking — and finding — better opportunities with new employers and in new occupations and Industries. The Great Resignation Workers quitting their jobs remains high in December 2023 -- Individuals who quit their jobs O Indicates recession 5M 4M 2M 1M 2004 2006 2008 2010 2012 2014 2016 2018 2020 2022 2024 Source: U.S. Chamber Analysis, BLS Data 3.4 M Source: https://www.uschamber.com/workforce/understanding-americas-labor-shortage Attachment 5 Melinda Huser From: Jeremy Button <JButton@flcities.com> Sent: Wednesday, February 14, 2024 12:00 PM To: Melinda Huser Subject: RE: question Hi Melinda, If you'd like to know who they are, I probably need to reach out to my contact there to see if they mind first —just let me know. They probably won't mind, I'd just need to check. It's not always clear cut as to what is the "best" because some of these have longer vesting schedules too. Here's a few examples. Under 50 employees (City) — 10% with additional match up to 4% Under 10 employees (Water Mgmt) — 10% for employees with less than 20 years of service, 15% after 20 years Under 50 employees (Fire District) — 12% with 5% match Under 50 employees (Wastewater) — 12% increasing yearly up to 25% after 157 months of employment Under 50 employees (City) — 8% with 5% match Under 50 employees (City) — 16% for general, 20% for police It's a cop out answer, but there's no recommended plan. Each municipality has its own needs and desires. Employee retention and hiring new employees is a big deal right now, so I have one employer that hasn't touched their retirement, but put it all into big raises (15%+) for employees. I'd say the biggest thing is to make sure any changes are affordable and sustainable for the City. The worst thing would be for 1) you have to roll back benefits to a lower level in a year or two because it wasn't affordable or 2) be hamstrung as a City because the retirement benefits ended up costing too much. The lower hanging fruit of making a plan more beneficial for employees (without costing too much) is to start contributions quickly (rather than after a year of employment) and shrinking the vesting period. (5 years is not bad, but some potential hires may rule things out just because of this. You'd hope to hire good employees that decide to stay because they like it. In terms of increasing participation, it looks like the only two not taking advantage of the match for the moment are Berry and Cardinale, so you have a great participation rate. If you'd like, I can help run some projections from the employee side of things to help determine what a final retirement benefit might look like after an employee works a full career at Cape Canaveral. We've been looking at things mostly from the City's perspective, but sometimes it's worthwhile to see what these retirement plan balances might look like given certain assumptions. Jeremy Button Senior Financial Analyst Florida League of Cities, Inc. 850.701.3625 1 Attachment 6 Averages of Best Plans Entity 1 Entity 2 Entity 3 Entity 4 Entity 5 Entity 6 Under 50 employees (City) — 10% with additional match up to 4% Under 10 employees (Water Mgmt) — 10% for employees with less than 20 years of service, 15% after 20 years Under 50 employees (Fire District) — 12% with 5% match Under 50 employees (Wastewater) — 12% increasing yearly up to 25% after 157 months of employment Under 50 employees (City) — 8% with 5% match Under 50 employees (City) — 16% for general, 20% for police 401(a) Contribution 457 (b) Match Entity 1 10 4 Entity 2 10 Entity 3 12 5 Entity 4 12 Entity 5 8 5 Entity 6 16 Average 11 5 Attachment 7 2023 Retirement Plan Costs 7% non -elective: $ 216,861.58 3% match: $ 85,934.30 Total: $ 302,795.88 FY 2023 Contribution Amounts Contribution Date ER non -elective Percentage Bi-weekly payrol ER Match Match Amount 10/10/2022 $ 7,291.56 7.0% $ 104,165.14 3.0% $ 2,859.28 10/25/2022 $ 8,167.98 7.0% $ 116,685.43 3.0% $ 3,189.24 11/8/2022 $ 8,179.58 7.0% $ 116,851.14 3.0% $ 3,193.91 11/22/2022 $ 8,254.54 7.0% $ 117,922.00 3.0% $ 3,211.40 12/6/2022 $ 7,848.50 7.0% $ 112,121.43 3.0% $ 3,095.69 12/20/2022 $ 8,696.64 7.0% $ 124,237.71 3.0% $ 3,468.55 12/30/2022 $ 7,765.67 7.0% $ 110,938.14 3.0% $ 3,021.63 1/17/2023 $ 7,895.40 7.0% $ 112,791.43 3.0% $ 3,048.09 1/31/2023 $ 7,839.40 7.0% $ 111,991.43 3.0% $ 3,038.79 2/14/2023 $ 8,108.04 7.0% $ 115,829.14 3.0% $ 3,151.49 2/28/2023 $ 8,048.25 7.0% $ 114,975.00 3.0% $ 3,129.69 3/14/2023 $ 8,084.64 7.0% $ 115,494.86 3.0% $ 3,142.75 3/28/2023 $ 8,100.65 7.0% $ 115,723.57 3.0% $ 3,275.52 4/11/2023 $ 8,203.72 7.0% $ 117,196.00 3.0% $ 3,279.69 4/25/2023 $ 8,211.57 7.0% $ 117,308.14 3.0% $ 3,280.97 5/9/2023 $ 8,293.38 7.0% $ 118,476.86 3.0% $ 3,315.98 5/23/2023 $ 8,780.52 7.0% $ 125,436.00 3.0% $ 3,524.93 6/5/2023 $ 8,558.90 7.0% $ 122,270.00 3.0% $ 3,429.63 6/16/2023 $ 8,669.35 7.0% $ 123,847.86 3.0% $ 3,469.39 7/5/2023 $ 8,606.42 7.0% $ 122,948.86 3.0% $ 3,448.05 7/18/2023 $ 8,875.31 7.0% $ 126,790.14 3.0% $ 3,549.68 8/1/2023 $ 8,891.91 7.0% $ 127,027.29 3.0% $ 3,570.31 8/15/2023 $ 8,859.22 7.0% $ 126,560.29 3.0% $ 3,556.13 8/29/2023 $ 8,861.73 7.0% $ 126,596.14 3.0% $ 3,557.19 9/12/2023 $ 8,872.78 7.0% $ 126,754.00 3.0% $ 3,561.94 9/26/2023 $ 8,895.92 7.0% $ 127,084.57 3.0% $ 3,564.38 $ 216,861.58 $ 85,934.30 Projected Plan Costs 11.0% non -elective: $ 5.0% match: $ Total: $ $ 340,782.48 $ 143,223.83 $ 484,006.32 Difference $ 181,210.44 New ER non -elective % New ER non -elective $ 11.0% New Match % New ER Match amounts 5.0% 11.0% $ 11,458.17 5.0% $ 4,765.47 11.0% $ 12,835.40 5.0% $ 5,315.40 11.0% $ 12,853.63 5.0% $ 5,323.18 11.0% $ 12,971.42 5.0% $ 5,352.33 11.0% $ 12,333.36 5.0% $ 5,159.48 11.0% $ 13,666.15 5.0% $ 5,780.92 11.0% $ 12,203.20 5.0% $ 5,036.05 11.0% $ 12,407.06 5.0% $ 5,080.15 11.0% $ 12,319.06 5.0% $ 5,064.65 11.0% $ 12,741.21 5.0% $ 5,252.48 11.0% $ 12,647.25 5.0% $ 5,216.15 11.0% $ 12,704.43 5.0% $ 5,237.92 11.0% $ 12,729.59 5.0% $ 5,459.20 11.0% $ 12,891.56 5.0% $ 5,466.15 11.0% $ 12,903.90 5.0% $ 5,468.28 11.0% $ 13,032.45 5.0% $ 5,526.63 11.0% $ 13,797.96 5.0% $ 5,874.88 11.0% $ 13,449.70 5.0% $ 5,716.05 11.0% $ 13,623.26 5.0% $ 5,782.32 11.0% $ 13,524.37 5.0% $ 5,746.75 11.0% $ 13,946.92 5.0% $ 5,916.13 11.0% $ 13,973.00 5.0% $ 5,950.52 11.0% $ 13,921.63 5.0% $ 5,926.88 11.0% $ 13,925.58 5.0% $ 5,928.65 11.0% $ 13,942.94 5.0% $ 5,936.57 11.0% $ 13,979.30 5.0% $ 5,940.63 $ 340,782.48 $ 143,223.83 Attachment 8 SUN SPACE AND SEA CITY OF CAPE CANAVERAL • Remove the City's current vesting period 2 yrs. = 25% 3 yrs. = 50% 4 yrs. = 75% 5 yrs. = 100% • The City's forfeiture account averages $7697.07 a year. • New Employees can participate after completion of 6 month probation Year Forfeiture 2022 $20,575.16 2021 $ 3,897.09 2020 $10,244.61 2019 $ - 2018 $ 3,768.50 Average $ 7,697.07 Attachment 9 Melinda Huser From: Melinda Huser Sent: Thursday, November 2, 2023 4:08 PM To: Jeremy Button Cc: John DeLeo; Rodney Walton Subject: RE: City of Cape Canaveral 401/457 Thanks! Melinda Huser Director, Human Resources/Risk Management City of Cape Canaveral m.huser@cityofcapecanaveral.org Phone (321) 868-1220 ext. 210 Fax (321) 868-1247 Cell (321) 576-4442 100 Polk Avenue — P.O. Box 326 Cape Canaveral, Florida 32920 www.cityofcapecanaveral. org CELEBRATING 60 YEARS 1963 2023 From: Jeremy Button <JButton@flcities.com> Sent: Thursday, November 2, 2023 3:30 PM To: Melinda Huser <M.Huser@cityofcapecanaveral.org> Cc: John DeLeo <J.DeLeo@cityofcapecanaveral.org>; Rodney Walton <rwalton@flcities.com> Subject: RE: City of Cape Canaveral 401/457 Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@ncityofcapecanaveral.org Hi Melinda, here's the ending balance each fiscal year in yellow, along with the activity for each year. "Forfeiture funding" is when you all used money from the forfeiture account. "PL Purchase" is when an unvested or partially vested employee had funds forfeited. Thanks, Description Trade Date Amount Running Balance PL INCREASE EARNINGS 9/29/2023 $69.56 PL INCREASE EARNINGS 9/29/2023 $23.28 $21,490.32 $21,420.76 1 PL INCREASE EARNINGS 8/31/2023 $71.34 PL INCREASE EARNINGS 8/31/2023 $23.88 PL INCREASE EARNINGS 7/31/2023 $22.97 PL INCREASE EARNINGS 7/31/2023 $68.63 PL INCREASE EARNINGS 6/30/2023 $65.52 PL INCREASE EARNINGS 6/30/2023 $21.93 PL INCREASE EARNINGS 5/31/2023 $22.38 PL INCREASE EARNINGS 5/31/2023 $66.86 PL INCREASE EARNINGS 4/28/2023 $61.44 PL INCREASE EARNINGS 4/28/2023 $20.57 PL INCREASE EARNINGS 3/31/2023 $20.41 PL INCREASE EARNINGS 3/31/2023 $60.97 PL INCREASE EARNINGS 2/28/2023 $53.74 PL INCREASE EARNINGS 2/28/2023 $17.99 PL INCREASE EARNINGS 1/31/2023 $18.81 PL INCREASE EARNINGS 1/31/2023 $56.20 PL FORFEITURE FUNDING CONTRUTIONS 12/30/2022 ($109.20) PL INCREASE EARNINGS 12/30/2022 $52.36 PL INCREASE EARNINGS 12/30/2022 $17.53 PL PURCHASE 12/29/2022 $105.89 PL INCREASE EARNINGS 11/30/2022 $44.50 PL INCREASE EARNINGS 11/30/2022 $14.89 PL PURCHASE FROM PARTICIPANT TERM 11/16/2022 $1,033.96 PL PURCHASE FROM PARTICIPANT TERM 11/16/2022 $2,443.01 PL INCREASE EARNINGS 10/31/2022 $31.25 PL INCREASE EARNINGS 10/31/2022 $9.94 $21,397.48 $21,326.14 $21,302.26 $21,279.29 $21,210.66 $21,145.14 $21,123.21 $21,100.83 $21,033.97 $20,972.53 $20,951.96 $20,931.55 $20,870.58 $20,816.84 $20,798.85 $20,780.04 $20,723.84 $20,833.04 $20,780.68 $20,763.15 $20,657.26 $20,612.76 $20,597.87 $19,563.91 / $17,120.90 $17,089.65 PL INCREASE EARNINGS 9/30/2022 $7.89 PL INCREASE EARNINGS 9/30/2022 $24.81 PL INCREASE EARNINGS 8/31/2022 $22.85 PL INCREASE EARNINGS 8/31/2022 $7.27 PL PURCHASE FROM PARTICIPANT TERM 8/8/2022 $1,891.60 PL PURCHASE FROM PARTICIPANT TERM 8/8/2022 $4,680.59 PL INCREASE EARNINGS 7/29/2022 $10.88 PL INCREASE EARNINGS 7/29/2022 $2.93 PL INCREASE EARNINGS 6/30/2022 $1.03 PL INCREASE EARNINGS 6/30/2022 $3.85 PL PURCHASE FROM PARTICIPANT TERM 6/8/2022 $1,153.21 P.I. PURCHASE FROM PARTICIPANT TERM 6/8/2022 $494.23 PL INCREASE EARNINGS 5/31/2022 $0.83 PL INCREASE EARNINGS 5/31/2022 $3.42 PL PURCHASE FROM PARTICIPANT TERM 5/24/2022 $3,145.98 PL INCREASE EARNINGS 4/29/2022 $0.70 PL INCREASE EARNINGS 4/29/2022 $0.30 PL INCREASE EARNINGS 3/31/2022 $0.12 PL PURCHASE FROM PARTICIPANT TERM $17,079.71 $17,071.82 $17,047.01 $17,024.16 $17,016.89 $15,125.29 $10,444.70 $10,433.82 $10,430.89 $10,429.86 $10,426.01 $9,272.80 $8,778.57 $8,777.74 $8,774.32 $5,628.34 $5,627.64 $5,627.34 105•89 + 1,033. 96 + 2,443.01 + 1,891•60 + 4,680.59 + 1,153.21 + 494.23 + 3,145.98 + 3,912.21 + 1,714.48 + 20, 575 . 1 6 * 2022 PL INCREASE EARNINGS PL PURCHASE FROM PARTICIPANT TERM PL PURCHASE FROM PARTICIPANT TERM PL FORFEITURE FUNDING CONTRUTIONS PL FORFEITURE FUNDING CONTRUTIONS PL INCREASE EARNINGS PL INCREASEEARNINGS 3/31/2022 $0.28 3/7/2022 $3,912.21 3/7/2022 $1,714.48 11/9/2021 ($2,238.39) 11/9/2021 ($1.658.70) 10/29/2021 $0.01 10/29/2021 $0.02 $5,627.22 $5,626.94 $1,714.73 $0.25 $2,238.64 $3,897.34 $3,897.33 PL INCREASE EARNINGS PL INCREASE EARNINGS PL INCREASE EARNINGS PL INCREASE EARNINGS PL PURCHASE FROM PARTICIPANT TERM PL INCREASE EARNINGS PL INCREASE EARNINGS PL INCREASE EARNINGS PL INCREASE EARNINGS PL INCREASE EARNINGS PL INCREASE EARNINGS PL INCREASE EARNINGS PL INCREASE EARNINGS PL PURCHASE FROM PARTICIPANT TERM PL PURCHASE FROM PARTICIPANT TERM PL FORFEITURE FUNDING CONTRUTIONS PL FORFEITURE FUNDING CONTRUTIONS PL FORFEITURE FUNDING CONTRUTIONS PL INCREASE EARNINGS PL INCREASE EARNINGS PL NCREASE EARNINGS PL INCREASE EARNINGS PL INCREASE EARNINGS PL INCREASE EARNINGS PL INCREASE EARNINGS PL INCREASE EARNINGS PL NCREASE EARNINGS PL NCREASE EARNING: PL PURCHASE FROM PARTICIPANT TERM PL PURCHASE FROM PARTICIPANT TERM PL INCREASE EARNINGS PL INCREASE EARNINGS PL INCREASE EARNINGS PL INCREASE EARNINGS PL INCREASE EARNINGS PL INCREASE EARNINGS PL PURCHASE FROM PARTICIPANT TERM 9/30/2021 $0.02 9/30/2021 $0.01 8/31/2021 $0.01 8/31/2021 $0.02 8/19/2021 $1,527.61 7/30/2021 $0.01 7/30/2021 $0.01 6/30/2021 $0.01 6/30/2021 $0.01 5/28/2021 $0.01 5/28/2021 $0.01 4/30/2021 $0.01 4/30/2021 $0.01 4/16/2021 $710.88 4/16/2021 $1,658.60 3/30/2021 ($201.45) 3/30/2021 ($2,926.35) 3/16/2021 ($7,135.03) 2/26/2021 $0.06 2/26/2021 $0.02 1/29/2021 $0.03 1/29/2021 $0.08 12/31/2020 $0.12 12/31/2020 $0.05 11/30/2020 $0.16 11/30/2020 S0.41 10/30/2020 $0.40 10/30/2020 $0.16 10/16/2020 $960.59 10/16/2020 $2,323,97 $3,897.31 $3,897.29 $3,897.28 $3,897.27 $3,897.25 $2,369.64 $2,369.63 $2,369.62 $2,369.61 $2,369.60 $2,369.59 $2,369.58 $2,369.57 $2,369.56 $1,658.68 $0.08 $201.53 $3,127.88 $10,262.91 $10,262.85 $10,262.83 $10,262.80 $10,262.72 $10,262.60 $10,262.55 $10,262.39 $10,261.98 $10,261.58 $10,261.42 $9,300.83 9/30/2020 $0.25 9/30/2020 $0.10 8/31/2020 $0.15 8/31/2020 $0.39 7/31/2020 $0.44 7/31/2020 $0.17 7/8/2020 $892.96 $6,976 86 $6,976.61 $6,976.51 $6,976.36 $6,975.97 $6,975.53 $6,975.36 .. 0.. CA 1,527.61 + 710•88 + 1,658.60 + 3,897•09 * 2021 ••0••CA 960.59 + 2,323.97 + 892.96 + 2,173.48 + 1,069.85 + 2,823.76 + 10,244.6 * 2020 3 PL PURCHASE FROM PARTSC!PANT TERM PL INCREASE EARNINGS PL INCREASE EARNINGS PL INCREASE EARNINGS PL INCREASE EARNINGS PL INCREASE EARNINGS PL INCREASE EARNINGS PL INCREASE EARNINGS PL INCREASE EARNINGS PL INCREASE EARNINGS PL INCREASE EARNINGS PL INCREASE EARNINGS PL INCREASE EARNINGS PL PURCHASE FROM PARTICIPANT TERM PL PURCHASE FROM PARTICIPANT TERM PL INCREASE EARNINGS PL INCREASE EARNINGS PL INCREASE EARNINGS PL INCREASE EARNINGS 7/8/2020 $.2.173.48 6/30/2020 $0.31 6/30/2020 $0.12 5/29/2020 $0.26 5/29/2020 $0.69 4/30/2020 $1.23 4/30/2020 $0.46 3/31/2020 $0.36 3/31/2020 $0.61 3/31/2020 $0.96 3/31/2020 $1.60 2/28/2020 $0.80 2/28/2020 $0.30 2/20/2020 $1.069.86 2/2O/2020 $2,823.76 1/31/2020 $0.01 12/31/2019 $0.02 11/29/2019 $0.01 10/31/2019 $0.01 PL INCREASE EARNINGS PL INCREASE EARNINGS PL INCREASE EARNINGS PL INCREASE EARNINGS PL INCREASE EARNINGS PL INCREASE EARNINGS PL INCREASE EARININGS PL INCREASE EARNINGS PL FORFEITURE FUNDING CONTRUTIONS PL FORFEITURE FUNDING CONTRUTIONS PL INCREASE EARNINGS PL INCREASE EARNINGS PL INCREASE EARNINGS PL INCREASE EARNINGS PL INCREASE EARNINGS PL INCREASE EARNINGS PL INCREASE EARNINGS PL INCREASE EARNINGS PL PURCHASE FROM PARTICIPANT TERM PL PURCHASE FROM PARTICIPANT TERM 9/30/2019 $0.01 8/30/2019 $0.01 7/31/2019 $0.01 6/28/2019 $0.01 5/31/2019 $0.01 4/30/2019 $0.01 3/29/2019 $0.01 2/28/2019 $0.01 2/19/2019 ($2,824.68) 2/19/2019 ($999.12) 1/31/2019 $1.95 1/31/2019 $5.53 12/31/2018 $5.39 12/31/2018 $1.90 11/30/2018 $1.76 11/30/2018 $4.98 10/31/2018 $4.67 10/31/2018 $1.65 10/17/2018 $957.24 10/17/2018 $2,811.26 $6,082.40 $3,908.92 $3,908.61 $3,908.49 $3,908.23 $3,907.54 $3,906.31 $3,905.85 $3,905.49 $3,904.88 $3,903.92 $3,902.32 $3,901.52 $3,901.22 $2,831.37 $7.61 $7.60 $7.58 $7.57 $7.56 $7.55 $7.54 $7.53 $7.52 $7.51 $7.50 $7.49 $7.48 $2,832.16 $3,831.28 $3,829.33 $3,823.80 $3,818.41 $3,816.51 $3,814.75 $3,809.77 $3,805.10 $3,803.45 $2,846.21 Starting Balance 10/1/2018 Jeremy Button Senior Financial Analyst 34.95 4 Attachment 10 RESOLUTION NO. 2024-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; AMENDING THE DEFINED CONTRIBUTION RETIREMENT PLAN FOR THE GENERAL EMPLOYEES OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral established a Retirement Plan and Trust for the City of Cape Canaveral's employees pursuant to Resolution No. 01-27; and WHEREAS, the Retirement Plan and Trust agreement was executed on September 18, 2001; and WHEREAS, the Plan and Trust authorizes the City Council to amend the Plan and Trust, in whole or in part, either retroactively or prospectively, by delivering to the Trustee a written amendment in accordance with the limitations set out in that section; and WHEREAS, the City Council desires to amend the Plan and Trust to change the employer non -elective contribution rate for all participating employees from 7% to 11 %, and increasing the employer match from a 100% match of participant contributions to the 457(b) plan with a maximum of 3% of participant contributions to a maximum of 5% of participant contributions; and WHEREAS, the City Council desires to amend the Plan and Trust to change the vesting schedule to provide for immediate vesting. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. The City Council of Cape Canaveral, Florida, in its capacity as the Trustee of the Retirement Plan and Trust for the employees of Cape Canaveral hereby approves the changes as set out forth below, with additions to the Plan and Trust indicated by underlining (underliningl and deletions by strike through (stricken through). PARTICIPATING EMPLOYER CONTRIBUTIONS A Participating Employer may make Non -elective Contributions and/or Matching Contributions as specified below. Non -elective Contributions and Matching Contributions that are tied to Payroll Periods (as defined in this Adoption Agreement) must be remitted to the Plan Administrator no later than 15 business days after the Payroll Period. Annual Contributions must be remitted to the Plan Administrator no later than 15 business days after the end of the Plan Year. A Participating Employer may establish different classes of Employees for contribution purposes in this Adoption Agreement. The Participating Employer hereby elects to make Contributions as follows (choose one or both as applicable): City of Cape Canaveral Resolution No. 2024-02 Page 1 of 3 X ® Non -elective Contributions — Participating Employer Non -elective Contributions will be made on the following basis (must specify): 11 % employer contribution X ® Matching Contributions Matching Contributions are Participating Employer Contributions that may be made to match all or a portion of a Participant's contribution to an eligible 457(b) deferred compensation plan (Employee Basic Contributions). If the Participating Employer provides Matching Contributions, the amount of Matching Contributions made for a Participant each Plan Year will be (choose only one): 100% match, up to % of such Participant's Employee Contributions. X ® 100% of the Participant's Employee Basic Contributions, which cannot exceed 5% of the Participant's Compensation. O Other formula (requires approval from the FMPTF) A Participant becomes Vested in his or her Employer Non -elective Contributions Account and Employer Matching Contributions Account according to: X ® Immediate vesting The schedule marked below: Years of Vesting Service 1 2 3 4 5 6 7 8 9 10 *** *** *** *** *** *** *** *** *** *** Section 2. The City Council of Cape Canaveral hereby empowers the Mayor, or the Mayor Pro Tem in the absence or unavailability of the Mayor, the authority to execute such documents and agreements as are required to effectuate this amendment of the Plan. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent City of Cape Canaveral Resolution No. 2024-02 Page 2 of 3 jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. Effective Date. This Resolution shall become effective October 13, 2024, after adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 19th day of March, 2024. ATTEST: Mia Goforth, CMC, City Clerk Wes Morrison, Mayor Name FOR AGAINST Kim Davis Kay Jackson Mickie Kellum Wes Morrison Don Willis Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No. 2024-02 Page 3 of 3 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MARCH 19, 2024 AGENDA ITEM SUMMARY • ITEM # 4 Subject: Approve an updated Statewide Mutual Aid Agreement with the State of Florida Division of Emergency Management providing for reciprocal emergency aid between the City of Cape Canaveral, the State and other local government entities in the event there is a need that cannot be met with existing resources and authorize the Mayor to execute same. Department: City Manager's Office/Canaveral Fire Rescue Summary: The City of Cape Canaveral is a participating party to an existing Statewide Mutual Aid Agreement which provides for shared emergency resources pursuant to the Emergency Management Act, Chapter 252, Florida Statutes. The form of the Agreement is periodically updated by the Division of Emergency Management and each of the 800+ eligible participating parties are asked to re -execute the updated agreement. This Agreement will supersede the prior version and continues to provide the City with Mutual Aid during times of natural and manmade disasters which exceed the local resources. In return the City agrees to provide resources to other participating parties when requested to aid areas where their capabilities are exceeded. The Agreement provides for reimbursement of services and resources provided to a requesting party by an assisting party. The Agreement automatically renews annually unless a Participating Party withdraws from the Agreement sixty (60) days prior to the renewal. Submitting Department Director: Todd Morley/Dave Sargeant Attachment: Statewide Mutual Aid Agreement - 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 actions: Approve an updated Statewide Mutual Aid Agreement with the State of Florida Division of Emergency Management providing for reciprocal emergency aid between the City of Cape Canaveral, the State and other local government entities in the event there is a need that cannot be met with existing resources and authorize the Mayor to execute same. Approved by City Manager: Todd Morley STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Ron DeSantis, Governor Kevin Guthrie, Executive Director STATEWIDE MUTUAL AID AGREEMENT - 2023 This Agreement is an acknowledgment of receipt by the Florida Division of Emergency Management ("the Division") and the local government ("Participating Party") signing this Agreement. Execution of this agreement replaces all previous iterations and is active until a new agreement is drafted and requested by The Division. This Agreement is based on the existence of the following conditions: A. The State of Florida is vulnerable to a wide range of emergencies and disasters that are likely to cause the disruption of essential services and the destruction of the infrastructure needed to deliver those services. B. Such emergencies and disasters often exceed the emergency response and recovery capabilities of any one county or local government. C. Such incidents may also give rise to unusual and unanticipated physical and technical needs which a local government cannot meet with existing resources, but that other local governments within the State of Florida may be able to provide. D. The Emergency Management Act, chapter 252, Florida Statutes, provides each local government of the state the authority to develop and enter into mutual aid agreements within the state for reciprocal emergency aid in case of emergencies too extensive to be dealt with unassisted, and through such agreements ensure the timely reimbursement of costs incurred by the local governments which render such assistance. E. Pursuant to chapter 252.32, Florida Statutes, the Division renders mutual aid among the political subdivisions of the state to carry out emergency management functions and responsibilities. F. Pursuant to chapter 252, Florida Statutes, the Division has the authority to coordinate and direct emergency management assistance between local governments and concentrate available resources where needed. Based on the existence of the foregoing conditions, the Parties agree to the following articles: ARTICLE I: DEFINITIONS As used in this Agreement, the following expressions shall have the following meanings: A. The "Agreement" is this Agreement, which shall be referred to as the Statewide Mutual Aid Agreement ("SMAA"). DIVISION HEADQUARTERS 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Telephone: 850-815-4000 www. FloridaDisaster.org STATE LOGISTICS RESPONSE CENTER 2702 Directors Row Orlando, FL 32809-5631 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Ron DeSantis, Governor B. The "Division" is the Florida Division of Emergency Management. Kevin Guthrie, Executive Director C. A "Requesting Party" to this Agreement is a Participating Party who requests assistance under this agreement. D. An "Assisting Party" to this Agreement is a Participating Party who provides assistance to a Requesting Party under this agreement. E. The "Period of Assistance" is the time during which an Assisting Party renders assistance to a Requesting Party under this agreement and includes the time necessary for the resources and personnel of the Assisting Party to travel to the place specified by the Requesting Party and the time necessary to return to their place of origin. F. A "Mission" is a documented emergency response activity performed during a Period of Assistance, usually in reference to one operational function or activity. G. A "local government" is any educational district, special district, or any entity that is a "local governmental entity" within the meaning of section 11.45(1)(g), Florida Statutes. H. An "educational district" is any school district within the meaning of section 1001.30, Florida Statutes, and any Florida College System Institution or State University within the meaning of section 1000.21, Florida Statutes. I. A "special district" is any local or regional governmental entity which is an independent special district within the meaning of section 189.012(3), Florida Statutes, established by local, special, or general act, or by rule, ordinance, resolution, or interlocal agreement. J. A "tribal council" is the respective governing bodies of the Seminole Tribe of Florida and Miccosukee Tribe of Indians recognized as special improvement district by section 285.18(1), Florida Statutes. K. An "interlocal agreement" is any agreement between local governments within the meaning of section 163.01(3)(a), Florida Statutes. L. A "Resource Support Agreement" as used in this Agreement refers to a supplemental agreement of support between a Requesting Party and an Assisting Party. M. "Proof of work" as used in this Agreement refers to original and authentic documentation of a single individual or group of individuals' emergency response activity at a tactical level. DIVISION HEADQUARTERS 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Telephone: 850-815-4000 www. FloridaDisaster.org STATE LOGISTICS RESPONSE CENTER 2702 Directors Row Orlando, FL 32809-5631 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Ron DeSantis, Governor Kevin Guthrie, Executive Director N. "Proof of payment" as used in this Agreement refers to original and authentic documentation of an emergency response expenditure made by an Assisting Party. O. A "Reimbursement Package" as used in this Agreement refers to a full account of mission response documentation supported by proof of work and proof of payment. P. Any expressions not assigned definitions elsewhere in this Agreement shall have the definitions assigned them by the Emergency Management Act, Chapter 252, Florida Statutes. ARTICLE II: APPLICABILITY OF THE AGREEMENT Any Participating Party, including the Division, may request assistance under this Agreement for a "major disaster" or "catastrophic disaster" as defined in section 252.34, Florida Statutes, minor disasters, and other such emergencies as lawfully determined by a Participating Party. ARTICLE III: INVOCATION OF THE AGREEMENT In the event of an emergency or anticipated emergency, a Participating Party may request assistance under this Agreement from any other Participating Party or the Division if, in the judgement of the Requesting Party, its own resources are inadequate to meet the needs of the emergency or disaster. A. Any request for assistance under this Agreement may be oral, but within five (5) calendar days must be confirmed in writing by the Requesting Party. All requests for assistance under this Agreement shall be transmitted by the Requesting Party to another Participating Party or the Division. If the Requesting Party transmits its request for Assistance directly to a Participating Party other than the Division, the Requesting Party and Assisting Party shall keep the Division advised of their activities. B. The Division shall relay any requests for assistance under this Agreement to such other Participating Parties as it may deem appropriate and coordinate the activities of the Assisting Parties to ensure timely assistance to the Requesting Party. All such activities shall be carried out in accordance with the State's Comprehensive Emergency Management Plan. ARTICLE IV: RESPONSIBILITIES OF REQUESTING PARTIES To the extent practicable, all Requesting Parties shall provide the following information to their respective county emergency management agency, the Division, and the intended Assisting Party or Parties. In providing such information, Requesting Parties should utilize Section I of the DIVISION HEADQUARTERS 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Telephone: 850-815-4000 www. FloridaDisaster.org STATE LOGISTICS RESPONSE CENTER 2702 Directors Row Orlando, FL 32809-5631 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Ron DeSantis, Governor Kevin Guthrie, Executive Director Resource Support Agreement (RSA) Form, available via the Division approved documents SharePoint site'. A. A description of the Mission to be performed by the Assisting Party; B. A description of the resources and capabilities needed to complete the Mission successfully; C. The location, date, and time personnel and resources from the Assisting Party should arrive at the incident site, staging area, facility, or other location designated by the Requesting Party; D. A description of the health, safety, and working conditions expected for deploying personnel; E. Lodging and meal availability; F. Any logistical requirements; G. A description of any location or facility outside the territorial jurisdiction of the Requesting Party needed to stage incoming resources and personnel; H. The location date, and time for personnel of the Requesting Party to meet and receive the personnel and equipment of the Assisting Party; and I. A technical description of any communications equipment needed to ensure effective information sharing between the Requesting Party, any Assisting Parties, and all relevant responding entities. ARTICLE V: RESPONSIBILITIES OF ASSISTING PARTIES Each Party shall render assistance under this Agreement to any Requesting Party to the extent practicable that its personnel, equipment, resources, and capabilities can render assistance. If upon receiving a request for assistance under this Agreement a Party determines that it has the capacity to render some or all of such assistance, it shall provide the following information without delay to the Requesting Party, the Division, and the Assisting Party's County emergency management agency. In providing such information, the Assisting Party should utilize the Section II of the Resource Support Agreement (RSA) Form, available via the Division approved documents SharePoint site. FDEM approved documents such as activity logs and mutual aid forms can be found at: https://portal.floridadisaster.org/projects/FROG/FROC_Documents/Forms/Allltems.aspx:View=%7B6F3CF7B D%2DCOA4%2D4BE2%2DB809%2DC8009D7D068 6%7D DIVISION HEADQUARTERS 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Telephone: 850-815-4000 www. FloridaDisaster.org STATE LOGISTICS RESPONSE CENTER 2702 Directors Row Orlando, FL 32809-5631 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Ron DeSantis, Governor Kevin Guthrie, Executive Director A. A description of the personnel, equipment, supplies, services and capabilities it has available, together with a description of the qualifications of any skilled personnel; B. An estimate of the time such personnel, equipment, supplies, and services will continue to be available; C. An estimate of the time it will take to deliver such personnel, equipment, supplies, and services to the location(s) specified by the Requesting Party; D. A technical description of any communications and telecommunications equipment available for timely communications with the Requesting Party and other Assisting Parties; E. The names and contact information of all personnel whom the Assisting Party has designated as team leaders or supervisors; and F. An estimated cost for the provision of assistance. ARTICLE VI: RENDITION OF ASSISTANCE The Requesting Party shall afford the emergency response personnel of all Assisting Parties, while operating within the jurisdictional boundaries of the Requesting Party, the same powers, duties, rights, and privileges, except that of arrest unless specifically authorized by the Requesting Party, as are afforded the equivalent emergency response personnel of the Requesting Party. Emergency response personnel of the Assisting Party will remain under the command and control of the Assisting Party, but during the Period of Assistance, the resources and responding personnel of the Assisting Party will perform response activities under the operational and tactical control of the Requesting Party. A. Unless otherwise agreed upon between the Requesting and Assisting Party, the Requesting Party shall be responsible for providing food, water, and shelter to the personnel of the Assisting Party. For Missions performed in areas where there are insufficient resources to support responding personnel and equipment throughout the Period of Assistance, the Assisting Party shall, to the fullest extent practicable, provide their emergency response personnel with the equipment, fuel, supplies, and technical resources necessary to make them self-sufficient throughout the Period of Assistance. When requesting assistance, the Requesting Party may specify that Assisting Parties send only self-sufficient personnel and resources but must specify the length of time self-sufficiency should be maintained. DIVISION HEADQUARTERS 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Telephone: 850-815-4000 www. FloridaDisaster.org STATE LOGISTICS RESPONSE CENTER 2702 Directors Row Orlando, FL 32809-5631 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Ron DeSantis, Governor Kevin Guthrie, Executive Director B. Unless the Requesting Party has specified the contrary, it shall, to the fullest extent practicable, coordinate all communications between its personnel and the responding personnel of the Assisting Parties, and shall determine and share the frequencies and other technical specifications of all communications equipment to be used, as appropriate, with the deployed personnel of the Assisting Parties. C. Personnel of the Assisting Party who render assistance under this Agreement shall receive the usual wages, salaries, and other compensation as are normally afforded to personnel for emergency response activities within their home jurisdiction, and shall have all the immunities, rights, interests, and privileges applicable to their normal employment. If personnel of the Assisting Party hold local licenses or certifications limited to the jurisdiction of issue, then the Requesting Party shall recognize and honor those licenses or certifications for the duration of the Period of Assistance. ARTICLE VII: REIMBURSEMENT After the Period of Assistance has ended, the Assisting Party shall have 45 days to develop a full reimbursement package for services rendered and resources supplied during the Period of Assistance. All expenses claimed to the Requesting Party must have been incurred in direct response to the emergency as requested by the Requesting Party and must be supported by proof of work and proof of payment. To guide the proper documentation and accountability of expenses, the Assisting Party should utilize the Claim Summary Form, available via the Division approved documents SharePoint site as a guide and summary of expense to collect information to then be formally submitted for review by the Requesting Party. To receive reimbursement for assistance provided under this agreement, the Assisting Party shall provide, at a minimum, the following supporting documentation to the Requesting Party unless otherwise agreed upon between the Requesting and Assisting Parties: A. A complete and authentic description of expenses incurred by the Assisting Party during the Period of Assistance; B. Copy of a current and valid Internal Revenue Service W-9 Form; C. Copies of all relevant payment and travel policies in effect during the Period of Assistance; D. Daily personnel activity logs demonstrating emergency response activities performed for all time claimed (for FDEM reimbursement Division approved activity logs will be required for personnel activity claims); DIVISION HEADQUARTERS 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Telephone: 850-815-4000 www. FloridaDisaster.org STATE LOGISTICS RESPONSE CENTER 2702 Directors Row Orlando, FL 32809-5631 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Ron DeSantis, Governor Kevin Guthrie, Executive Director E. Official payroll and travel reimbursement records for all claimed personnel expenses; F. Neat and comprehensive fringe benefit calculations for each position class or category of claimed personnel; G. Written justification for all additional expenses/purchases incurred during the Period of Assistance; H. Proof of payment for additional/miscellaneous expenses incurred during the Period of Assistance I. Equipment activity logs demonstrating equipment use and operation in support of emergency response activities for all time claimed (for FDEM reimbursement Division approved forms will be required for equipment activity claims); J. Proof of reimbursement to all employees who incurred emergency response expenses with personal money; K. Justification for equipment repair expenses; and L. Copies of any applicable supporting agreements or contracts with justification. If a dispute or disagreement regarding the eligibility of any expense arises, the Requesting Party, Assisting Party, or the Division may elect binding arbitration. If binding arbitration is elected, the Parties must select as an arbitrator any elected official of another Participating Party, or any other official of another Participating Party whose normal duties include emergency management, and the other Participating Party shall also select such an official as an arbitrator, and the arbitrators thus chosen shall select another such official as a third arbitrator. The three (3) arbitrators shall convene by teleconference or videoconference within thirty (30) calendar days to consider any documents and any statements or arguments by the Division, the Requesting Party, or the Assisting Party concerning the protest, and shall render a decision in writing not later than ten (10) business days after the close of the hearing. The decision of a majority of the arbitrators shall bind the parties and shall be final. If the Participating Parties do not elect binding arbitration, this agreement and any disputes arising thereunder shall be governed by the laws of the State of Florida and venue shall be in Leon County, Florida. Nothing in this Agreement shall be construed to create an employer -employee relationship or a partnership or joint venture between the participating parties. Furthermore, nothing contained herein shall constitute a waiver by either Party of its sovereign immunity or the provisions of section 768.28, Florida Statutes. Nothing herein shall be construed as consent by either Party to be sued by third parties. DIVISION HEADQUARTERS 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Telephone: 850-815-4000 www. FloridaDisaster.org STATE LOGISTICS RESPONSE CENTER 2702 Directors Row Orlando, FL 32809-5631 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Ron DeSantis, Governor Kevin Guthrie, Executive Director ARTICLE VIII: COST ELIGIBLE FOR REIMBURSEMENT The costs incurred by the Assisting Party under this Agreement shall be reimbursed as needed to make the Assisting Party whole to the fullest extent practicable. A. Employees of the Assisting Party who render assistance under this Agreement shall be entitled to receive from the Assisting Party all their usual wages, salaries, and any and all other compensation for mobilization, hours worked, and demobilization. Such compensation shall include any and all contributions for insurance and retirement, and such employees shall continue to accumulate seniority at the usual rate. As between the employees and the Assisting Party, the employees shall have all the duties, responsibilities, immunities, rights, interests, and privileges incident to their usual employment. The Requesting Party shall reimburse the Assisting Party for these costs of employment. B. The costs of equipment supplied by the Assisting Party shall be reimbursed at the rental rate established in FEMA' s Schedule of Equipment, or at any other rental rate agreed to by the Requesting Party. In order to be eligible for reimbursement, equipment must be in actual operation performing eligible work. The labor costs of the operator are not included in the rates and should be approved separately from equipment costs. The Assisting Party shall pay for fuels, other consumable supplies, and repairs to its equipment as needed to keep the equipment in a state of operational readiness. Rent for the equipment shall be deemed to include the cost of fuel and other consumable supplies, maintenance, service, repairs, and ordinary wear and tear. With the consent of the Assisting Party, the Requesting Party may provide fuels, consumable supplies, maintenance, and repair services for such equipment at the site. In that event, the Requesting Party may deduct the actual costs of such fuels, consumable supplies, maintenance, and services from the total costs otherwise payable to the Assisting Party. If the equipment is damaged while in use under this Agreement and the Assisting Party receives payment for such damage under any contract of insurance, the Requesting Party may deduct such payment from any item or items billed by the Assisting Party for any of the costs for such damage that may otherwise be payable. C. The Requesting Party shall pay the total costs for the use and consumption of any and all consumable supplies delivered by the Assisting Party for the Requesting Party under this Agreement. In the case of perishable supplies, consumption shall be deemed to include normal deterioration, spoilage, and damage notwithstanding the exercise of reasonable care in its storage and use. Supplies remaining unused shall be returned to the Assisting Party in usable condition upon the close of the Period of Assistance, and the Requesting Party may deduct the cost of such returned supplies from the total costs billed by the Assisting Party for such supplies. If the Assisting Party agrees, the Requesting Party may also replace any and all used consumable supplies with like DIVISION HEADQUARTERS 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Telephone: 850-815-4000 www. FloridaDisaster.org STATE LOGISTICS RESPONSE CENTER 2702 Directors Row Orlando, FL 32809-5631 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Ron DeSantis, Governor Kevin Guthrie, Executive Director supplies in usable condition and of like grade, quality and quantity within the time allowed for reimbursement under this Agreement. D. The Assisting Party shall keep records to document all assistance rendered under this Agreement. Such records shall present information sufficient to meet the audit requirements specified in the regulations of FEMA and any applicable circulars issued by the State of Florida. Upon reasonable notice, the Assisting Party shall make its records available the Requesting Party for inspection or duplication between 8:00 a.m. and 5:00 p.m. on all weekdays, except for official holidays. ARTICLE IX: INSURANCE Each Participating Party shall determine for itself what insurance to procure, if any. With the exceptions in this Article, nothing in this Agreement shall be construed to require any Participating Party to procure insurance. A. Each Participating Party shall procure employers' insurance meeting the requirements of the Workers' Compensation Act, as amended, affording coverage for any of its employees who may be injured while performing any activities under the authority of this Agreement, and shall be provided to each Participating Party. B. Any Participating Party that elects additional insurance affording liability coverage for any activities that may be performed under the authority of this Agreement shall be provided to each Participating Party. C. Subject to the limits of such liability insurance as any Participating Party may elect to procure, nothing in this Agreement shall be construed to waive, in whole or in part, any immunity any Participating Party may have in any judicial or quasi-judicial proceeding. D. Each Participating Party which renders assistance under this Agreement shall be deemed to stand in the relation of an independent contractor to all other Participating Parties and shall not be deemed to be the agent of any other Participating Party. E. Nothing in this Agreement shall be construed to relieve any Participating Party of liability for its own conduct and that of its employees. F. Nothing in this Agreement shall be construed to obligate any Participating Party to indemnify any other Participating Party from liability to third parties. DIVISION HEADQUARTERS 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Telephone: 850-815-4000 www. FloridaDisaster.org STATE LOGISTICS RESPONSE CENTER 2702 Directors Row Orlando, FL 32809-5631 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Ron DeSantis, Governor ARTICLE X: GENERAL REQUIREMENTS Kevin Guthrie, Executive Director Notwithstanding anything to the contrary elsewhere in this Agreement, all Participating Parties shall be subject to the following requirements in the performance of this Agreement: A. All Participating Parties shall allow public access to all documents, papers, letters, or other materials subject to the requirements of the Public Records Act, as amended, and made or received by any Participating Party in conjunction with this Agreement. B. No Participating Party may hire employees in violation of the employment restrictions in the Immigration and Nationality Act, as amended. C. No costs reimbursed under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Legislature of the State of Florida or any of its agencies. D. Any communication to the Division under this Agreement shall be sent via either email, the Division of Emergency Managements Enterprise System (DEMES), or mail to the Response Bureau, Florida Division of Emergency Management, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100. E. Any communication to a Participating Party shall be sent to the official or officials specified by that Participating Party. For the purpose of this section, any such communication may be sent by the U.S. Mail, e-mail, or other electronic platforms. ARTICLE XI: EFFECTS OF AGREEMENT Upon its execution by a Participating Party, this Agreement shall have the following effect with respect to that Participating Party: A. The execution of this Agreement by any Participating Party which is a signatory to the Statewide Mutual Aid Agreement of 1994 shall terminate the rights, interests, duties, responsibilities, and obligations of that Participating Party under the Statewide Mutual Aid Agreement of 1994, but such termination shall not affect the liability of the Participating Party for the reimbursement of any costs due under the Statewide Mutual Aid Agreement of 1994, regardless of whether such costs are billed or unbilled. B. The execution of this Agreement by any Participating Party which is a signatory to the Public Works Mutual Aid Agreement shall terminate the rights, interests, duties, responsibilities and obligations of that Participating Party under the Public Works Mutual Aid Agreement, but such termination shall not affect the liability of the Participating Party for the reimbursement of any costs due under the Public Works Mutual Aid Agreement, DIVISION HEADQUARTERS 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Telephone: 850-815-4000 www. FloridaDisaster.org STATE LOGISTICS RESPONSE CENTER 2702 Directors Row Orlando, FL 32809-5631 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Ron DeSantis, Governor regardless of whether such costs are billed or unbilled. Kevin Guthrie, Executive Director C. Upon the activation of this Agreement by the Requesting Party, this Agreement shall supersede any other existing agreement between it and any Assisting Party to the extent that the former may be inconsistent with the latter. D. Upon its execution by any Participating Party, this Agreement will continue in effect for one (1) year from its date of execution by that Participating Party, and it shall automatically renew each year after its execution, unless within sixty (60) calendar days before the renewal date the Participating Party notifies the Division, in writing, of its intent to withdraw from the Agreement. E. The Division shall transmit any amendment to this Agreement by sending the amendment to all Participating Parties not later than five (5) business days after its execution by the Division. Such amendment shall take effect not later than sixty (60) calendar days after the date of its execution by the Division and shall then be binding on all Participating Parties. Notwithstanding the preceding sentence, any Participating Party who objects to the amendment may withdraw from the Agreement by notifying the Division in writing of its intent to do so within that time in accordance with section E of this Article. F. A Participating Party may rescind this Agreement at will after providing the other Participating Party a written SMAA withdrawal notice. Such notice shall be provided at least 30 days prior to the date of withdrawal. This 30-day withdrawal notice must be: written, signed by an appropriate authority, duly authorized on the official letterhead of the Participating Party, and must be sent via email, the Division of Emergency Managements Enterprise System (DEMES), or certified mail. ARTICLE XII: INTERPRETATION AND APPLICATION OF AGREEMENT The interpretation and application of this Agreement shall be governed by the following conditions: A. The obligations and conditions resting upon the Participating Parties under this Agreement are not independent, but dependent. B. Time shall be of the essence of this Agreement, and of the performance of all conditions, obligations, duties, responsibilities, and promises under it. C. This Agreement states all the conditions, obligations, duties, responsibilities, and promises of the Participating Parties with respect to the subject of this Agreement, and there are no conditions, obligations, duties, responsibilities, or promises other than those expressed in this Agreement. DIVISION HEADQUARTERS 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Telephone: 850-815-4000 www. FloridaDisaster.org STATE LOGISTICS RESPONSE CENTER 2702 Directors Row Orlando, FL 32809-5631 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Ron DeSantis, Governor Kevin Guthrie, Executive Director D. If any sentence, clause, phrase, or other portion of this Agreement is ruled unenforceable or invalid, every other sentence, clause, phrase, or other portion of the Agreement shall remain in full force and effect, it being the intent of the Division and the other Participating Parties that every portion of the Agreement shall be severable from every other portion to the fullest extent practicable. The Division reserves the right, at its sole and absolute discretion, to change, modify, add, or remove portions of any sentence, clause, phrase, or other portion of this Agreement that conflicts with state law, regulation, or policy. If the change is minor, the Division will notify the Participating Party of the change and such changes will become effective immediately; therefore, please check these terms periodically for changes. If the change is substantive, the Participating Parties may be required to execute the Agreement with the adopted changes. Any continued or subsequent use of this Agreement following the posting of minor changes to this Agreement shall signify implied acceptance of such changes. E. The waiver of any obligation or condition in this Agreement by a Participating Party shall not be construed as a waiver of any other obligation or condition in this Agreement. NOTE: This iteration of the State of Florida Statewide Mutual Aid Agreement will replace all previous versions. The Division shall provide reimbursement to Assisting Parties in accordance with the terms and conditions set forth in this Article for missions performed at the direct request of the Division. Division reimbursement eligible expenses must be in direct response to the emergency as requested by the State of Florida. All required cost estimations and claims must be executed through the DEMES Mutual Aid Portal and assisting agencies must use all required FDEM forms for documentation and cost verification. If a Requesting Party has not forwarded a request through the Division, or if an Assisting Party has rendered assistance without being requested to do so by the Division, the Division shall not be liable for the costs of any such assistance. FDEM reserves the right to deny individual reimbursement requests if deemed to not be in direct response to the incident for which asset was requested. IN WITNESS WHEREOF, the Parties have duly executed this Agreement on the date specified below: DIVISION HEADQUARTERS 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Telephone: 850-815-4000 www. FloridaDisaster.org STATE LOGISTICS RESPONSE CENTER 2702 Directors Row Orlando, FL 32809-5631 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Ron DeSantis, Governor FOR ADOPTION BY A CITY STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Kevin Guthrie, Executive Director By: Date: Kevin Guthrie, Executive Director or Ian Guidicelli, Authorized Designee ATTEST: CITY OF CAPE CANAVERAL STATE OF FLORIDA By: By: Mia Goforth Wes Morrison Title: City Clerk Title: Mayor Date: Approved as to Form: By: Anthony Garganese, City Attorney DIVISION HEADQUARTERS 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Telephone: 850-815-4000 www. FloridaDisaster.org STATE LOGISTICS RESPONSE CENTER 2702 Directors Row Orlando, FL 32809-5631 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MARCH 19, 2024 AGENDA ITEM SUMMARY • ITEM # 5 Subject: Approve the purchase of a Tiger Dam flood barrier system for the City of Cape Canaveral Community Center (C5) in the amount of $47,283.00 and authorize the City Manager to execute the same. Department: Community and Economic Development Department — Resilience Division Summary: The City of Cape Canaveral (City) is a barrier island community vulnerable to storm surge caused by tropical cyclones. In recent years, communities across the state of Florida have incurred billions of dollars in damages from landfalling tropical cyclones such as Hurricane Idalia (August 2023), Hurricane Nicole (November 2022), and Hurricane Ian (September 2022). According to the National Oceanic and Atmospheric Administration (NOAA) National Centers for Environmental Information, Hurricane Ian caused an estimated $112.9 billion of damages in the United States (US), making it the third -costliest US hurricane on record. Of that total, $109.5 billion occurred in Florida, making Ian the costliest hurricane to ever affect the state. In southwestern Florida, the catastrophic storm surge and wind left an extensive swath of complete destruction. In Fort Myers Beach, an estimated 900 structures were totally destroyed, and 2,200 were damaged, primarily by wind -driven storm surge pushed inland from the Gulf of Mexico. Statistically, water is the most destructive and deadliest hazard within a tropical cyclone. Per the City's 2021 Resiliency Action Plan, Preparedness Target #52 — Staff are to implement appropriate semi -permanent flood defenses at City facilities to protect points of egress against floods, replacing traditional sandbags. Sandbagging operations are extremely time consuming and labor intensive, reducing efficiency and productivity for other preparations like storm shutter installation, debris clearing, stowing loose objects, vehicle and generator charging and fueling, etc. In 2020, Staff began installing removable metal flood barriers across points of egress at the City's Water Reclamation Facility (WRF) to protect critical machinery and laboratory equipment against flood waters. A total of ten barriers are currently installed at the WRF ready for deployment by as little as one Staff member, with each gate taking only 30 — 60 seconds to install per doorway (Attachment 1). Dozens of individual sandbags and hours of labor would be required to protect the same egress points. The City of Cape Canaveral Community Center (C5) is the next appropriate facility to receive enhanced flood mitigation measures due to its flood vulnerability as well as its programming to serve as the City's first -ever dedicated "Resilience Hub." According to the Urban Sustainability Directors Network, a Resilience Hub is a community -serving facility augmented to support residents and coordinate resource distribution and services in post -disaster situations. Since its opening in 2022, Staff have been systematically upgrading components of the building to enhance its resilience and working with key partners, like Brevard County Emergency Management, to develop internal programming to bolster community -readiness. The C5 is located in Canaveral City Park, less than 1,700 feet from the Atlantic Ocean's high-water line. Based on storm surge modeling provided by the East Central Florida Regional Planning Council, Canaveral City Park is vulnerable to storm surge during a Category 2 hurricane (96 mph — 110 mph) (Attachment 2). At a Category 3 hurricane (111 mph —129 mph), all of Canaveral City Park and the C5 become vulnerable to storm surge inundation (Attachment 3). In these scenarios, although storm surge may not directly impact the C5 depending on the exact speed and approach City of Cape Canaveral City Council Meeting • March 19, 2024 Agenda Item # 5 Page 2 of 4 direction of a storm, it may still inundate the City's underground stormwater drainage system from the Banana River Lagoon, reducing its capacity to efficiently remove rainwater out of the area and cause flooding. To improve the C5's preparedness and continuity of operations post -storm, Staff intend to install flood barriers across each of the building's six points of egress, including its first -floor window facade. Metal flood barriers similar to those used at the City's WRF have already been purchased for the C5's two northern egress points. The facility's southwest, south, and southeast sides present more of a flood protection challenge due the large storefront style windows, double doors, and open drainage pipe outlets that lead into the building, rendering the same style of metal flood barriers infeasible in terms of cost and convenience. As an alternative to metal flood barriers, Staff has investigated water -filled, bladder - style, tubal flood barriers, which can be deployed quickly to a customizable shape and height, and are heavily weighted to hold themselves in place against moving water. US Flood Control — a Louisiana -based company that specializes in the development of rapidly deployable flood mitigation devices — utilizes this water -filled, bladder -style method of flood mitigation via their Tiger Dam system, considered by City Staff to be the optimal method of protection for the C5's first floor southern facade. Tiger Dams consists of elongated flexible orange interconnecting tubes that can be quickly stacked to form pyramid shaped structures and joined end to end to create a dam. Each tube is filled with water via either a pump (which is included with purchase), a fire hydrant, or a garden hose. The weight of the water inside each tube, which can equate to thousands of pounds once filled, holds the system in place during a flood event. Their stacked pyramid like design gives the system more robust stability by distributing its weight over a larger area against flowing water, debris strikes, and wave action. For additional security, the tubes can be ratchet strapped together, and held to the ground by stakes (Attachment 4). As shown in Attachment 4, Tiger Dams would first be placed just to the north of the building's eastern glass door up against the wall and would then move away from the building by several feet to avoid obstacles such as trees and shrubbery, traveling southward along the walkway. Then, the dam would turn to the east and go along the entirety of the south facade of the building — being placed directly under the porte-cochere. Finally, the dam would turn northward — going in between the building and the splash pad's fence — and run along the building's western side. The end of the dam would be placed up against the building just north of the western emergency exit door. Placing the dams along the building's perimeter walkways will also provide an even, flat surface; reducing the possibility of leakage from below the dams. Compared to the metal flood barriers installed the City's WRF, which are 3 feet high, the C5's Tiger Dams would be 6 inches taller when deployed at a total height of 3.5 feet. Water that pools on the inside area of the dam could be pumped out with small pump assemblies that the City already has available for use in flood situations. Zero water infiltration is not guaranteed, but real -world testing and usage have proven them to be effective at stopping large-scale structural water damage and washouts so that facilities can remain usable after flood events; allowing for a faster return to efficient operations. The main goal of this project is not to altogether be able to stop water intrusion into the C5, it is to significantly reduce it to allow for as little overall water damage as possible. Not every storm will require system deployment. The C5's Tiger Dam system would be deployed on an as needed basis depending on forecasted impacts to the City presented by the National City of Cape Canaveral City Council Meeting • March 19, 2024 Agenda Item # 5 Page 3 of 4 Weather Service — Melbourne office and the National Hurricane Center. Training and deployment of the Tiger Dam system will be integrated into the City's Tropical Cyclone Preparedness and Recovery Plan, with an expected deployment period of 24 to 48 hours prior to a predicted hazardous flood event. An exact deployment threshold will depend on a storm's forecasted rainfall totals, storm surge inundation, forward speed, and direction of movement. Tiger Dams have been successfully deployed across the US numerous times to face extreme flood events, including in Detroit, Michigan; New York City, New York; Oak Island, North Carolina; Jackson, Mississippi; and Daytona Beach, Florida. In Daytona Beach, Tiger Dams were placed directly onto the beach to stop ocean waves and surge from further eroding sand in the wake of 2022's Hurricane Nicole. Tiger Dams have also been deployed for use by the US National Guard, emergency management agencies, and municipal public works departments. To view video of real -world testimonies and extensive wave tank testing of Tiger Dam systems, please use the following link: https://usfloodcontrol.com/tiger-dams-in-action/. Staff proposes acquiring a Tiger Dam stacked system for $47,283.00 with the following specifications, details, and benefits: Total system length: 240' Effective system height: 3' 6" 15 Bladder sleeves: 24" by 50' each 2-1 System Configuration (pyramid stack) to encompass (Attachment 4): o Eastern glass door o Southern store -front glass entry o Southern store -front windows o Western emergency exit No structural modifications or permanent alterations required Sandbag equivalent: 22,000 traditional (1,500 per section 50' section) Estimated time to install: two hours with two City Staff members Storage dimensions: 14" by 38" (two sleeves), 92 lbs. dry weight Customized storage crate(s) available, suitable for closet Estimated lifespan: 17-20 years Additional: o Training sessions for City Staff available from manufacturer o Deployable outdoors for years at a time o 5-year manufacturer's warranty o A pump is included for filling/draining each Tiger Dam's tube with water This project is listed in the new 2024 City of Cape Canaveral Flood Mitigation and Adaptation Strategy Overview document that is now available on the City's website for public viewing. This is a budgeted line item within the Community Redevelopment Agency (CRA) fund entitled "C5 Resiliency Upgrades". Within this line item, a total of $76,000 was allocated for two individual resilience -based upgrades to the C5 in FY 23-24: (1) a rooftop CMCE lightning protection system addition ($21,000) and (2) flood barriers ($55,000). City of Cape Canaveral City Council Meeting • March 19, 2024 Agenda Item # 5 Page 4 of 4 Of the $55,000 allotted for flood barriers, $6,980 was spent for the aforementioned flood gates. This leaves $48,020 available for purchasing a Tiger Dam system to protect the remaining C5 points of egress. The C5's CMCE lightning protection system was purchased and successfully installed in November 2023. Submitting Department Director: David Dickey Attachments: 1. City of Cape Canaveral Water Reclamation Facility Flood Barrier Example 2. City of Cape Canaveral category 2 hurricane storm surge projection 3. City of Cape Canaveral category 3 hurricane storm surge projection 4. C5 Tiger Dam deployment outline map, specs, and example photos 5. C5 US Flood Control Quotes — #1 (USFCQ1523-2) is intended quote for Tiger Dam acquisition 6. C5 PS Industries Quote 7. C5 Garrison Flood Control Quotes Financial Impact: $47,283.00 purchase of a Tiger Dam flood barrier system for the City of Cape Canaveral Community Center (C5) funded by the CRA. 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 the purchase of a Tiger Dam flood barrier system for the C5 in the amount of $47,283.00 and authorize the City Manager to execute the same. Approved by City Manager: Todd Morley ror.- Normal Operations Attachment 1 Flood Barrier Deployed Attachment 2 A1A Port Canaveral George King Blvd Ocean Park Ln Seaport Blvd Coral Dr Astronaut Blvd Thurrn Blvd Central Blvd W N. Atlantic Ave Adams Ave Jefferson Ave Madison Ave Ridgewood Ave Orange Ave Magnolia Ave Cape Canaveral Cocoa Beach Pier Storm Surge Cat 2 Category 2 Surge 60 ANNIVERSARY YEARS EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL EST. 1962 0 670 1,370 Feet N Created 6/23/2022 11:16 AM This map is intended to be used for planning purposes only a d is not to be construed as a legal document. The GIS data available on this map may need field verification as it corresponds to regional scale representation. 186.803 Use of geographic information by governmental entities. --When state agencies, water management districts, regional planning councils, local governments, and other governmental entities use maps, including geographic information maps and other graphic information materials, as the source of data for planning or any other purposes, they must take into account that the accuracy and reliability of such maps and data may be limited by various factors, including the scale of the maps, the timeliness and accuracy of the underlying information, the availability of more accurate and the presence or absence of ground truthing or peer review of the underlying information contained in such maps and other graphic information. All Data created and/or reviewed by the ECFRPC. Attachment 3 A1A Port Canaveral George King Blvd Astronaut Blvd Central Blvd W Thurm Blvd Ocean Park Ln Seaport Blvd Coral Dr N. Atlantic Ave Adams Ave Jefferson Ave Madison Ave Ridgewood Ave Orange Ave Magnolia Ave Cape Canaveral Cocoa Beach Pier Cape Canaveral Storm Surge Cat 3 Category 3 Surge 60 EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL EST. 1962 ANNIVERSARY YEARS 0 670 1,340 Feet Created 6/23/2022 11:12 AM This map is intended to be used for planning purposes only a d is not to be construed as a legal document. The GIS data available on this map may need field verification as it corresponds to regional scale representation. 186.803 Use of geographic information by governmental entities. --When state agencies, water management districts, regional planning councils, local governments, and other governmental entities use maps, including geographic information maps and other graphic information materials, as the source of data for planning or any other purposes, they must take into account that the accuracy and reliability of such maps and data may be limited by various factors, including the scale of the maps, the timeliness and accuracy of the underlying information, the availability of more accurate and the presence or absence of ground truthing or peer review of the underlying information contained in such maps and other graphic information. All Data created and/or reviewed by the ECFRPC. Attachment 4 City of Cape Canaveral Community Center (C5) Splash Pad TIGER DAM TM SYSTEM 2 ft. Super Tiger Filled Size 24"X50 ft Fold Lengths, Sleeve Length 3` Folds, 6` Sleeves Rolled-up/Storage Dimensions (including 2 sleeves) 14"x 38" Single Dry weight 92 lbs Single Filled Weight 10.950 Ibs. Fill Time using Standard Fire Hydrant 10 min How many Gallons in each Dam 1,300 gal. How many sandbags each replaces 1,500 Tiger Dam Configuration Specs *Values are approximate and can vary depending on the water/air ratio Single Tiger Dam Height 2' (24") Base Width 2' 10" (34") 2-1 Configuration Height 3' 6.75" (42.75") Base Width 5' 10" (70") 3-2-1 Configuration Height 5' (60") Base Width 8' (96") 4-3-2-1 Configuration Height Base Width Tiger Dam Deployment Examples Attachment 5 U.S. FLOOD CONTROL CORP. 802 Short St, Building J Kenner, LA 70062 Phone: 504.813.7303 Quote USFCQ1523-2 Date 5-Jan-23 • Purchaser Name City of Cape Canaveral Attn: Zachary Eichholz City Cape Canave ST • Email: z.eichholz@cityofcapecanaveral.org Vendor Name U.S. Flood Control Corp. Address 802 Short St, Building J City Kenner ST LA ZIP 70062 504-235-5233 Qty Units Description - 240ft x 24" TD Stacked = 3'6" Unit Price TOTAL 15 45 3 3 3 1 2 2 9 2 2 2 1 1 3 48 90 1 1 1 1 Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each 24" x 50ft Tiger Dams 24' Straps for 24" Dams Fill Attachment Ball Valve Attachment Stand Siamese Splitter Connection Hydrant Connection with Ball Valve Hydrant Wrench 50ft Double Mill Discharge Hose with Cam Locks 3" Pump - Honda Transfer 10ft Suction Hose Sump Pump (Automatic) Tiger Winder Kit Valve Tool Patch Kit Chocks Concrete Anchor Anchor Drill - Concrete Training Plastic Crate - 50" Plastic Crate - 34" (Accessories) Quote does not include shipping or taxes FED ID 68-0549696 Payment Details X o Check o Cash o Account No. o Credit Card $1,950.00 $30.00 $145.00 $120.00 $96.00 $120.00 $125.00 $50.00 $125.00 $890.00 $105.00 $1,150.00 $225.00 $200.00 $90.00 $5.00 $45.00 $910.00 $2,500.00 $760.00 $560.00 Sub Total Shipping Tax TOTAL $29,250.00 $1,350.00 $435.00 $360.00 $288.00 $120.00 $250.00 $100.00 $1,125.00 $1,780.00 $210.00 $2,300.00 $225.00 $200.00 $270.00 $240.00 $4,050.00 $910.00 $2,500.00 $760.00 $560.00 $47,283.00 $47,283.00 Name: AUTHORIZED SIGNATURE OF PURCHASER UPON ACCEPTANCE OF AGREEMENT SIGNATURE: DATE: WARNING: U.S. FLOOD CONTROL CORP. ("USFC") DOES NOT GUARANTEE OR WARRANTY THE TIGER DAM TM^ SYSTEM AND RELATED PRODUCTS IN FLOODING CONTROL OR FLUID CONTAINMENT SITUATIONS. USFC'S LIABILITY TO PURCHASER FOR ANY SUCH USE IS HEREBY STRICTLY LIMITED. SEE PAGE TWO OF THIS DOCUMENT FOR DETAILS U.S. FLOOD CONTROL CORP. 802 Short St, Building J Kenner, LA 70062 Phone:504.813.7303 Quote USFCQ1523-5 Date 22-Jan-24 • Purchaser Name City of Cape Canaveral Attn: Zachary Eichholz City Cape CanaveST ZIP • Email: z.eichholz@cityofcapecanaveral.org Vendor Name U.S. Flood Control Corp. Address 802 Short St, Building J City Kenner ST LA ZIP 70062 504-235-5233 Qty Units Description - 240ft x 18" TD Stacked = 2'9" Unit Price TOTAL 15 45 3 3 3 1 2 2 9 2 2 2 1 1 3 48 90 1 1 1 1 Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each 18" x 50ft Tiger Dams 18' Straps for 18" Dams Fill Attachment Ball Valve Attachment Stand Siamese Splitter Connection Hydrant Connection with Ball Valve Hydrant Wrench 50ft Double Mill Discharge Hose with Cam Locks 3" Pump - Honda Transfer 10ft Suction Hose Sump Pump (Automatic) Tiger Winder Kit Valve Tool Patch Kit Chocks Concrete Anchor Anchor Drill - Concrete Training Plastic Crate - 50" Plastic Crate - 34" (Accessories) Quote does not include shipping or taxes FED ID 68-0549696 Payment Details X o Check o Cash o Account No. o Credit Card $1,450.00 $25.00 $145.00 $120.00 $96.00 $120.00 $125.00 $50.00 $125.00 $890.00 $105.00 $1,150.00 $225.00 $200.00 $90.00 $5.00 $45.00 $910.00 $2,500.00 $760.00 $560.00 Sub Total Shipping Tax TOTAL $21,750.00 $1,125.00 $435.00 $360.00 $288.00 $120.00 $250.00 $100.00 $1,125.00 $1,780.00 $210.00 $2,300.00 $225.00 $200.00 $270.00 $240.00 $4,050.00 $910.00 $2,500.00 $760.00 $560.00 $39,558.00 $39,558.00 AUTHORIZED SIGNATURE OF PURCHASER UPON ACCEPTANCE OF AGREEMENT Name: SIGNATURE: DATE: WARNING: U.S. FLOOD CONTROL CORP. ("USFC") DOES NOT GUARANTEE OR WARRANTY THE TIGER DAM TM SYSTEM AND RELATED PRODUCTS IN FLOODING CONTROL OR FLUID CONTAINMENT SITUATIONS. USFC'S LIABILITY TO PURCHASER FOR ANY SUCH USE IS HEREBY STRICTLY LIMITED. SEE PAGE TWO OF THIS DOCUMENT FOR DETAILS U.S. FLOOD CONTROL CORP. 802 Short St, Building J Kenner, LA 70062 Phone: 504.813.7303 Quote USFCQ1523-3 Date 5-Jan-23 • Purchaser Name City of Cape Canaveral Attn: Zachary Eichholz City Cape CanaveST ZIP • Email: z.eichholz@cityofcapecanaveral.org Vendor Name U.S. Flood Control Corp. Address 802 Short St, Building J City Kenner ST LA ZIP 70062 504-235-5233 Qty Units Description - Perimeter - 650ft x 24" TD Stacked = 3'6" Unit Price TOTAL 39 117 4 4 4 2 2 2 12 2 2 4 1 1 3 64 234 2 1 3 Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each 24" x 50ft Tiger Dams 24' Straps for 24" Dams Fill Attachment Ball Valve Attachment Stand Siamese Splitter Connection Hydrant Connection with Ball Valve Hydrant Wrench 50ft Double Mill Discharge Hose with Cam Locks 3" Pump - Honda Transfer 10ft Suction Hose Sump Pump (Automatic) Tiger Winder Kit Valve Tool Patch Kit Chocks Concrete Anchor Anchor Drill - Concrete Training Plastic Crate - 50" Quote does not include shipping or taxes FED ID 68-0549696 Payment Details X o Check o Cash o Account No. o Credit Card $1,950.00 $30.00 $145.00 $120.00 $96.00 $120.00 $125.00 $50.00 $125.00 $890.00 $105.00 $1,150.00 $225.00 $200.00 $90.00 $5.00 $45.00 $910.00 $2,500.00 $760.00 Sub Total Shipping Tax TOTAL $76,050.00 $3,510.00 $580.00 $480.00 $384.00 $240.00 $250.00 $100.00 $1,500.00 $1,780.00 $210.00 $4,600.00 $225.00 $200.00 $270.00 $320.00 $10,530.00 $1,820.00 $2,500.00 $2,280.00 $107,829.00 $107,829.00 AUTHORIZED SIGNATURE OF PURCHASER UPON ACCEPTANCE OF AGREEMENT Name: SIGNATURE: DATE: WARNING: U.S. FLOOD CONTROL CORP. ("USFC") DOES NOT GUARANTEE OR WARRANTY THE TIGER DAM TM SYSTEM AND RELATED PRODUCTS IN FLOODING CONTROL OR FLUID CONTAINMENT SITUATIONS. USFC'S LIABILITY TO PURCHASER FOR ANY SUCH USE IS HEREBY STRICTLY LIMITED. SEE PAGE TWO OF THIS DOCUMENT FOR DETAILS U.S. FLOOD CONTROL CORP. 802 Short St, Building J Kenner, LA 70062 Phone: 504.813.7303 Quote USFCQ1523-4 Date 22-Jan-24 • Purchaser Name City of Cape Canaveral Attn: Zachary Eichholz City Cape CanaveST ZIP • Email: z.eichholz@cityofcapecanaveral.org Vendor Name U.S. Flood Control Corp. Address 802 Short St, Building J City Kenner ST LA ZIP 70062 504-235-5233 Qty Units Description - Perimeter - 650ft x 18" TD Stacked = 2'9" Unit Price TOTAL 39 117 4 4 4 2 2 2 12 2 2 4 1 1 3 64 234 2 1 2 Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each 18" x 50ft Tiger Dams 18' Straps for 18" Dams Fill Attachment Ball Valve Attachment Stand Siamese Splitter Connection Hydrant Connection with Ball Valve Hydrant Wrench 50ft Double Mill Discharge Hose with Cam Locks 3" Pump - Honda Transfer 10ft Suction Hose Sump Pump (Automatic) Tiger Winder Kit Valve Tool Patch Kit Chocks Concrete Anchor Anchor Drill - Concrete Training Plastic Crate - 50" Quote does not include shipping or taxes FED ID 68-0549696 Payment Details X o Check o Cash o Account No. o Credit Card $1,450.00 $25.00 $145.00 $120.00 $96.00 $120.00 $125.00 $50.00 $125.00 $890.00 $105.00 $1,150.00 $225.00 $200.00 $90.00 $5.00 $45.00 $910.00 $2,500.00 $760.00 Sub Total Shipping Tax TOTAL $56,550.00 $2,925.00 $580.00 $480.00 $384.00 $240.00 $250.00 $100.00 $1,500.00 $1,780.00 $210.00 $4,600.00 $225.00 $200.00 $270.00 $320.00 $10,530.00 $1,820.00 $2,500.00 $1,520.00 $87,544.00 $87,544.00 AUTHORIZED SIGNATURE OF PURCHASER UPON ACCEPTANCE OF AGREEMENT Name: SIGNATURE: DATE: WARNING: U.S. FLOOD CONTROL CORP. ("USFC") DOES NOT GUARANTEE OR WARRANTY THE TIGER DAM TM SYSTEM AND RELATED PRODUCTS IN FLOODING CONTROL OR FLUID CONTAINMENT SITUATIONS. USFC'S LIABILITY TO PURCHASER FOR ANY SUCH USE IS HEREBY STRICTLY LIMITED. SEE PAGE TWO OF THIS DOCUMENT FOR DETAILS U.S. FLOOD CONTROL CORP. 802 Short St, Building J Kenner, LA 70062 Phone:504.813.7303 Quote USFCQ1523-1 Date 5-Jan-23 • Purchaser Name City of Cape Canaveral Attn: Zachary Eichholz City Cape CanaveST ZIP • Email: z.eichholz@cityofcapecanaveral.org Vendor Name U.S. Flood Control Corp. Address 802 Short St, Building J City Kenner ST LA ZIP 70062 504-235-5233 Qty Units Description - Perimeter - 540ft x 24" TD Stacked = 3'6" Unit Price TOTAL 33 99 4 4 4 2 2 2 12 2 2 4 1 1 3 64 198 2 1 2 1 Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each 24" x 50ft Tiger Dams 24' Straps for 24" Dams Fill Attachment Ball Valve Attachment Stand Siamese Splitter Connection Hydrant Connection with Ball Valve Hydrant Wrench 50ft Double Mill Discharge Hose with Cam Locks 3" Pump - Honda Transfer 10ft Suction Hose Sump Pump (Automatic) Tiger Winder Kit Valve Tool Patch Kit Chocks Concrete Anchor Anchor Drill - Concrete Training Plastic Crate - 50" Plastic Crate - 34" (Accessories) Quote does not include shipping or taxes FED ID 68-0549696 Payment Details X o Check o Cash o Account No. o Credit Card $1,950.00 $30.00 $145.00 $120.00 $96.00 $120.00 $125.00 $50.00 $125.00 $890.00 $105.00 $1,150.00 $225.00 $200.00 $90.00 $5.00 $45.00 $910.00 $2,500.00 $760.00 $560.00 Sub Total Shipping Tax TOTAL $64,350.00 $2,970.00 $580.00 $480.00 $384.00 $240.00 $250.00 $100.00 $1,500.00 $1,780.00 $210.00 $4,600.00 $225.00 $200.00 $270.00 $320.00 $8,910.00 $1,820.00 $2,500.00 $1,520.00 $560.00 $93,769.00 $93,769.00 AUTHORIZED SIGNATURE OF PURCHASER UPON ACCEPTANCE OF AGREEMENT Name: SIGNATURE: DATE: WARNING: U.S. FLOOD CONTROL CORP. ("USFC") DOES NOT GUARANTEE OR WARRANTY THE TIGER DAM TM SYSTEM AND RELATED PRODUCTS IN FLOODING CONTROL OR FLUID CONTAINMENT SITUATIONS. USFC'S LIABILITY TO PURCHASER FOR ANY SUCH USE IS HEREBY STRICTLY LIMITED. SEE PAGE TWO OF THIS DOCUMENT FOR DETAILS 1. Purchase: Upon the execution of this Agreement by Purchaser, USFC agrees to supply and sell, and Purchaser agrees to purchase, the Product in accordance with these terms and conditions. "Product" means the goods described in the invoice above, and this "Agreement" consists of the invoice and these terms and conditions. USFC's shipment of the Product to Purchaser pursuant to this Agreement shall constitute acceptance by Purchaser of this Agreement even if this Agreement is not expressly executed by the Purchaser above. This Agreement supersedes any purchase order or other terms and conditions issued by Purchaser at any time, and such are of no force or effect concerning the purchase and sale of Products to Purchaser. 2. Delivery, Risk of Loss and Title: USFC shall use commercially reasonable efforts to deliver the Products to Purchaser on the delivery date specified by USFC. For domestic customers, Products are supplied to Purchaser EXW (Incoterms 2010) at the place of delivery to carrier, and Purchaser is responsible for all loading, shipping, duties and other costs from that point. For overseas customers, Products are supplied to Purchaser DAT (Incoterms 2010), at the inbound terminal, and USFC is responsible for all loading and shipping cost to that point. Legal title shall transfer to Purchaser upon the transfer of the risk of loss pursuant to such Incoterms 2010, but USFC hereby retains a lien upon, and a reversionary interest to, all Products until Purchaser has paid USFC therefore, in full. 3. Price and Payment: Purchaser shall pay the purchase price, applicable taxes, shipping and related costs in the amount and manner specified in this Agreement, including any deposit required by USFC. Unless otherwise provided, Purchaser shall pay this invoice within thirty (30) days of receipt thereof by Purchaser. Interest shall accrue and be payable by Purchaser on any overdue and unpaid amounts at the rate of One and a half (1.5%) percent per month, compounded, not to exceed Eighteen (18%) percent per annum, which is payable by Purchaser without the necessity of demand. 4. Warrant Disclaimer: U.S. Flood Control Co the manufacturer of the Products gives a limited 5-year Warranty for the Products as posted at www.usfloodcontrol.com "Warm USFC MAKES NO REPRESENTATION WARRANTY OR CONDITION IMTH RESPECT TO ANY PRODUCT INCLUDING WITHOUT LIMITATION ANY AND ALL EXPRESS OR IMPLIED REPRESENTATIONS_ WARRANTIES OR CONDITIONS OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE RELIABILITY OR INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER THID PERSON RIGHTS WHETHER ARISING BY LAW USAGE OR TRADE COURSE OF DEALING COURSE OF PERFORMANCE OR OTHERWISREGARDING ANY PRODUCT OR ANY SERVICES PERFORMED BY USFC OR ITS REPRESENTATIVES AGENTS OR CONTRACTORS. USFC'S ENTIRE LIABILITY AND PURCHASER'S EXCLUSIVE REMEDY FOR ANY DEFECT IN THE PRODUCT WNWTSOR EVEER_I STTHE H ARRRANTY ANRED PURCHASER THEHEREBY WAIVES ANY AND ALL RIGHT OF ACTION AGAINST USFC, AND RELEASES USFC FROM ANY AND ALL LIABILITY ARISING AT 5. Indemnification: The Purchaser is hereby liable to and agrees to indemnify, defend and hold harmless USFC and its affiliates, and each entity's respective officers, directors, employees, representatives, agents and contractors ("USFC Parties"), from and against any and all actions, causes of actions, claims, demands, liabilities, losses, judgments, settlements, damages or expenses including legal fees and costs on a solicitor and his own client indemnity basis ("Claim") made by or awarded to any third person, which and USFC Party may at any time incur or become subject to, whether based in whole or in part in contract, tort, negligence, breach of statute or any other theory of law, arising from any of the following: (i) death or bodily injury, or loss of or damage to real, tangible or intangible personal property, including data and digital information, caused or contributed to by use of a Product by, or the acts or omissions of, Purchaser or its employees, customers, contractors, representatives or agents; (ii) failure by Purchaser to perform any obligations under any agreement or legal obligation it may have with or to any third person; (iii) failure by Purchaser to adhere to any applicable law or statutory or regulatory obligation; or (iv) failure to adhere to any obligation, or the breach or incorrectness of any representation or warranty, by Purchaser under this Agreement. USFC shall promptly notify the Purchaser in writing of any such Claim it receives and shall promptly tender to the Purchaser control of the defense of any such Claim with counsel of its choice, at Purchaser's own expense. In no event shall Purchaser compromise or settle such Claim that in any way prejudices USFC without USFCs prior written consent in its discretion. 6. Limitation of Liability: UNDER NO CIRCUMSTANCES WILL THE USFC PARTIES OR ANY OF THEM BE LIABLE TO PURCHASER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONTINGENT, EXEMPLARY, PUNITIVE, AGGRAVATED, CONSEQUENTIAL OR EQUITABLE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, LOSS OF ACTUAL OR ANTICIPATED PROFITS OR REVENUE, FAILURE TO REALIZE EXPECTED SAVINGS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES, FIDUCIARY OBLIGATIONS, RESTITUTIONARY LIABILITIES OR ANY OTHER ECONOMIC LOSS WHATSOEVER, HOWEVER CAUSED AND WHETHER OR NOT FORESEEABLE, OR FOR CONTRIBUTION OR INDEMNITY IN RESPECT THEREOF, EVEN IF THE USFC PARTIES OR ANY OF THEM HAVE BEEN INFORMED IN ADVANCE OR OUGHT REASONABLY TO HAVE KNOWN OF THE POTENTIAL FOR SUCH DAMAGES. THE ENTIRE CUMULATIVE LIABILITY OF THE USFC PARTIES, AND THE EXCLUSIVE RECOURSE OF THE PURCHASER, IN THE EVENT OF ANY CLAIM BY PURCHASER, SHALL BE LIMITED IN THE AGGREGATE (REGARDLESS OF THE NUMBER OF CLAIMS) TO THE ACTUAL PROVEN DIRECT DAMAGES SUFFERED BY THE PURCHASER AND SHALL NOT EXCEED IN ANY EVENT THE AMOUNT OF THE TOTAL PURCHASE PRICE ACTUALLY PAID BY PURCHASER TO USFC FOR THE PRODUCT FROM WHICH SUCH DAMAGE IS ALLEGED TO HAVE ARISEN. NO LEGAL ACTION OR PROCEEDING MAY BE BROUGHT BY PURCHASER AGAINST ANY OF THE USFC PARTIES MORE THAN TWELVE (12) MONTHS AFTER THE FACTS GIVING RISE TO THE CAUSE OF ACTION HAVE OCCURRED, REGARDLESS OF WHETHER THOSE FACTS BY THAT TIME ARE KNOWN TO, OR OUGHT REASONABLY TO HAVE BEEN DISCOVERED BY, PURCHASER. THE FOREGOING LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE FORM OF ACTION OR BASIS OF LIABILITY, INCLUDING WITHOUT LIMITATION STATUTE, CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, BREACH OF A FUNDAMENTAL TERM OR FUNDAMENTAL BREACH. THE LIMITATION OF LIABILITY PROVISIONS OF THIS AGREEMENT REFLECT AN INFORMED VOLUNTARY ALLOCATION OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THE PRODUCTS AND THE PERFORMANCE BY USFC OF ITS OBLIGATIONS AND RESPONSIBILITIES AND SUCH VOLUNTARY RISK ALLOCATION REPRESENTS A MATERIAL PART OF THE AGREEMENT REACHED BETWEEN PURCHASER AND USFC IN RESPECT OF THE PRODUCTS. 7. No Waiver: The failure of either party to insist upon or to enforce strict performance of any provision of this Agreement, or to exercise any right or remedy under this Agreement, will not be interpreted or construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision, right or remedy in that or any other instance. 8. Assignment: USFC may assign this Agreement to a third person upon prior written notice to Purchaser. Purchaser may assign this Agreement to a third person upon I FC's prior written consent, not to be unreasonably withheld. 9. Force Majeure: In the event of war, fire, flood, strike, labor trouble, breakage of equipment, accident, riot, acts of governmental authority, Acts of God or contingencies beyond the reasonable control of the party affected, interfering with the then current producing, supplying, transporting, or consuming practices of the party respecting the Products, or in the event of inability to obtain on terms deemed by IFC to be practicable any raw material (including energy source) used in connection therewith, the quantity of goods provided for in this Agreement shall be reduced by the amount so affected during the period of such events without liability, but the Agreement shall otherwise remain unaffected USFC's decision as to what quantities are affected shall be final and binding. 10. "All sales and transactions evidenced by this invoice/agreement are deemed to have been made and accepted by the vendor in Hahnville, St. Charles Parish, Louisiana. Any dispute arising under or in conjunction with this invoice/agreement, or related to any matter which is the subject of this invoice/agreement, shall be determined in accordance with the laws of the State of Louisiana, and shall be subject to the exclusive jurisdiction of, and brought in, the Twenty -Ninth Judicial District Court of the Parish of St. Charles, State of Louisiana." 11. Severability: If any provision of this Agreement is judged by any Court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. 12. Contra Preferentum Disclaimer and Legal Advice: The parties hereby acknowledge and agree that this Agreement shall be construed neither against nor in favour of either party, but rather in accordance with the fair and purposive meaning hereof. Each party hereby acknowledges that it has had the opportunity to seek independent legal advice respecting this Agreement, that it is a sophisticated contracting party, and that each provision of this Agreement is enforceable against it pursuant to its terms. 13. Entire Agreement: This Agreement sets forth the entire agreement and supersedes any and all prior agreements between the parties, or any purchase order or other terms and conditions issued by Purchaser, with respect to the subject matter hereof. No amendment to this Agreement will be valid unless set forth in a written instrument signed by both parties. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and both such counterparts when exchanged between the parties via facsimile transmission or otherwise, shall constitute one instrument. Pursuant to Section 1, Purchaser expressly agrees that supply of the Products to Purchaser in accordance with this Agreement shall constitute acceptance by Purchaser of this Agreement. ATTACHEMENT 6 PS INDUSTRIES® INCORPORATED PS Access Solutions ° PS Safety Access- PS Flood Barriers- PS Public Protection - 1150 S. 48th Street, Grand Forks, ND 58201 Phone: 701.746.4519 Toll Free: 877.446.1519 www.psindustries.com FLOOD BARRIER PROPOSAL TO: CITY OF CANAVERAL ZACH EICHHOLZ 601 THURM BOULEVARD CAPE CANAVERAL, FL 32920 SHIP TO: CITY OF CANAVERAL ZACH EICHHOLZ 601 THURM BOULEVARD CAPE CANAVERAL, FL 32920 PHONE: 321-614-1193 EMAIL: Z.EICHHOLZ@CITYOFCAPECANAVERAL.ORG PROPOSAL NO. :0029440-RO PROPOSAL DATE: 1/4/2024 PROPOSED BY: JEFF CARL EMAIL: jcarl@psindustries.com PROPOSAL VALID FOR: 30 DAYS PROJECT NAME: COMMUNITY CENTER CUSTOMER RFQ/PO# MATERIAL REQUEST: EST. PROJECT COMPLETE: N/A N/A Confirm "Ship To" address! Address shown above is where your order will be shipped. NON -COASTAL FLOOD ZONE Products will be designed for a Non -Coastal A -Zone in accordance with ASCE 7 Chapter 2. The approver is responsible for verifying that the loading, as will be detailed on the product submittal drawings, is complete and correct and that the flood zone classification is correct per definitions provided in ASCE 7 Chapter 5, by referencing FEMA Flood MSC, and/or by consulting a floodplain expert familiar with the location. PRICE 1) Total Price: The total price (for material only) of this proposal is $31,125.00 All applicable Duties and Taxes are the responsibility of the purchaser and are not included in this proposal . 2) Itemized Price. Itemized prices are detailed in the next section of this Proposal, FLOOD BARRIER PROPOSAL. PAYMENT TERMS 1) Progress Payment 1: Twenty-five percent (25%) of the total price due with order. No work will begin until payment is received. 2) Progress Payment 2: Additional Twenty-five percent (25%) of the total price due upon PS INDUSTRIESTM INCORPORATED delivering the first shop drawing(s). Fabrication will not begin until payment is received. 3) Final Payment: Remaining balance due upon receipt. 4) Lein Wavers: Issued commensurate with payment received. 5) Freight Payment Terms: PPD ADD ESTIMATE DELIVERY 1) Shop Drawings lead time: After acknowledged receipt of order and Progress Payment 1 3 WEEKS 2) Fabrication and Delivery lead time: Current fabrication schedule is 10 WEEKS Lead times are estimates only and subject to change daily. (Resubmittals will increase lead times) A projected delivery schedule will be estimated after acknowledged receipt of all necessary final approved shop drawings, Progress Payment 2, credit approval, and any other information deemed necessary by PS INDUSTRIESTM INCORPORATED. EXTRAS 1) Freight. F.O.B. ORIGIN 58201. Estimated freight (for budgeting purposes only) is $3750. Actual freight will be calculated and charged to Buyer at time of shipment. (Freight is not included in this proposal. Actual freight will be calculated and charged to the customer at time of invoice.) 2) Freight Insurance: Freight is insured at standard carrier rates per freight class. Buyer is responsible for all freight claims. If Buyer wishes to purchase additional freight insurance coverage, contact PS INDUSTRIESTM INCORPORATED. 3) Insurance. PS INDUSTRIES TM INCORPORATED maintains Commercial General Liability insurance, which excludes additional insured, waiver of subrogation, and primary and noncontributory coverages. Specific limits and coverage will be provided upon request. Any supplemental endorsements or coverage requested by Buyer, if available, will only be provided for an additional charge. Accepted by: Signature Print Name Title Date "This signature block acknowledges details on all pages of this proposal. Page 1 of 7 Rev. Date: 06/8/22 PS INDUSTRIES- TM INCORPORATED PS Access Solutions- PS Safety Access- PS Flood Barriers - PROPOSAL 1150 S. 48th Street, Grand Forks, ND 58201 Phone: 701.746.4519 Toll Free: 877.446.1519 www.psindustries.com -CRATING CONFIGURATION: LTL REQUIREMENTS NOTES PROPOSAL NO.: 0029440-RO Page 2 of 7 Rev. Date: 02/15/22 PS INDUSTRIES TM INCORPORATED PS Access Solutions- PS.Safety Access- PS Flood Barriers- 1150 S. 48th Street, Grand Forks, ND 58201 Phone: 701.746.4519 Toll Free: 877.446.1519 www.psindustries.com PROPOSAL NO.: 0029440-RO ITEM: 001 OPENING NAME: EAST EMERGENCY EXIT PART NUMBER DESCRIPTION QTY U/M UNIT PRICE EXTENSION EZD-600-42 E EZD; EZDAM 42"X36" ALUMINUM FLOOD BARRIER LOADING: HLO OPENING WIDTH: 42" WATER HEIGHT: 36" AFP: POSITIVE JAMB TYPE: FACE MOUNT ESTIMATED SHIPPING WEIGHT: 31.00 LBS ITEM: 001 NET (US DOLLARS) 1 EA $1,500.00 $1,500.00 ITEM: 002 OPENING NAME: NORTHEAST EMERGENCY EXIT PART NUMBER DESCRIPTION QTY U/M UNIT PRICE EXTENSION EZD-600-42 E EZD; EZDAM 42"X36" ALUMINUM FLOOD BARRIER LOADING: HLO OPENING WIDTH: 42" WATER HEIGHT: 36" AFP: POSITIVE JAMB TYPE: FACE MOUNT 1 EA $1,500.00 $1,500.00 ESTIMATED SHIPPING WEIGHT: 31.00 LBS ITEM: 002 NET (US DOLLARS) $1,500.00 ITEM: 003 OPENING NAME: NORTHWEST EMERGENCY EXIT DOUBL, DOOR PART NUMBER DESCRIPTION QTY U/M UNIT PRICE EXTENSION FP-530 E HYDRODEFENSE FLOOD PLANK WIDTH: 76" WATER PROTECTION HEIGHT 36" LOADING: HYDROSTATIC LOADING ONLY CONFIGURATION: LINEAR ACTING FLUID PRESSURE: POSITIVE LEFT JAMB TYPE: FACE MOUNT RIGHT JAMB TYPE: FACE MOUNT OPENING MATERIAL: CIP CONCRETE SILL TYPE: FP; FLAT SILL-SST304 -1- 1 EA $3,350.00 $3,350.00 ESTIMATED SHIPPING WEIGHT: 171.00 LBS ITEM: 003 NET (US DOLLARS) $3,350.00 Page 3 of 7 Rev. Date: 02/15/22 Ps INDUSTRIES'" INCORPORATED PS Access Solutions- PS Safety Access- PS Flood Barriers- 1150 S. 48th Street, Grand Forks, ND 58201 Phone: 701.746.4519 Toll Free: 877.446.1519 www.psindustries.com PROPOSAL NO.: 0029440-RO ITEM: 004 OPENING NAME: SOUTH LOBBY DOORS PART NUMBER DESCRIPTION QTY U/M UNIT PRICE EXTENSION FP-530 E HYDRODEFENSE FLOOD PLANK WIDTH: 514" WATER PROTECTION HEIGHT 36" LOADING: HYDROSTATIC LOADING ONLY CONFIGURATION: LINEAR ACTING FLUID PRESSURE: POSITIVE LEFT JAMB TYPE: FACE MOUNT RIGHT JAMB TYPE: FACE MOUNT OPENING MATERIAL: CIP CONCRETE MULLION(S): FP;SINGLE BASEPLATE MULLION 3 MATERIAL; ALUMINUM TOTAL REQUIRED FOR ONE OPENING; 3 HEIGHT; 37" HILTI; SBP MULLION HILTI KIT HILTI ANCHOR KIT FOR SINGLE BASEPLATE POST MULLION - INCLUDES TWO (2) ANCHOR SYSTEMS PER KIT. - INCLUDES; INSERT, WASHER, BOLT, NYLON SET SCREW CAP, AND EPDXY. SILL TYPE: FP; NO SILL REQUESTED GASKET PERFORMANCE IS DEPENDENT ON FLOOR CONTACT AREA. FLOOR SURFACE MUST BE SOUND, LEVEL (+/- 1/16") AND WITHOUT BLEMISH FOR BEST PERFORMANCE. 1 EA $15,115.00 $15,115.00 ESTIMATED SHIPPING WEIGHT: 1,082.00 LBS ITEM: 004 NET (US DOLLARS) $15,115.00 ITEM: 005 OPENING NAME: WEST EMERGENCY EXIT DOOR PART NUMBER DESCRIPTION QTY U/M UNIT PRICE EXTENSION FP-530 E HYDRODEFENSE FLOOD PLANK WIDTH: 55" WATER PROTECTION HEIGHT 36" LOADING: HYDROSTATIC LOADING ONLY CONFIGURATION: LINEAR ACTING FLUID PRESSURE: POSITIVE LEFT JAMB TYPE: FACE MOUNT RIGHT JAMB TYPE: FACE MOUNT OPENING MATERIAL: CIP CONCRETE SILL TYPE: FP; FLAT SILL-SST304 1 EA $2,860.00 $2,860.00 ESTIMATED SHIPPING WEIGHT: 141.00 LBS ITEM: 005 NET (US DOLLARS) $2,860.00 ITEM: 006 OPENING NAME: SOUTH WINDOWS PART NUMBER DESCRIPTION QTY U/M UNIT PRICE EXTENSION EZD-600-52 E EZD; EZ DAM 52" X 36" ALUMINUM FLOOD BARRIER LOADING. HLO OPENING WIDTH: 52" WATER HEIGHT: 36" AFP: POSITIVE JAMB TYPE: FACE MOUNT 4 EA $1,700.00 $6,800.00 ESTIMATED SHIPPING WEIGHT: 144.00 LBS ITEM: 006 NET (US DOLLARS) $6,800.00 ESTIMATED SHIPPING WEIGHT: 1,600.00 LBS PROPOSAL TOTAL $31,125.00 Page 4 of 7 Rev. Date: 02/15/22 PS INDUSTRIES" INCORPORATED PS Access Solutions- PS Safety Access- PS Flood Barriers - 1150 S. 48th Street, Grand Forks, ND 58201 Phone: 701.746.4519 Toll Free: 877.446.1519 www.psindustries.com PROPOSAL NO.: 0029440-RO FLOOD BARRIER PROPOSAL (TERMS & CONDITIONS) I. ACCEPTANCE AND CONTRACT TERMS a. Role. PS INDUSTRIESTM (Seller) is a material only supplier, NOT a contractor nor subcontractor. b. Seller Acceptance. Seller reserves the right to withdraw the Proposal at any time and is under no obligation to accept an order when received. c. Buyer Acceptance. This Proposal is an offer. Buyer may accept this offer by (i) signing a copy of this Proposal; (ii) submitting a purchase order; or (iii) submitting a material supply agreement between Buyer and Seller; provided that any signed purchase order or supply agreement between Buyer and Seller must accept and specifically incorporate by reference this Proposal, and otherwise be acceptable to Seller. d. Contract Terms. The express terms and conditions in this Proposal (including any related exhibits, schedules, attachments, and appendices) will exclusively govern and control Buyer's and Seller's respective rights and obligations regarding the subject matter of this Proposal. This Proposal is expressly limited to such terms and conditions. Without limiting the foregoing, any additional, contrary, or different terms contained in any purchase order, supply agreement, subcontract, or other contract form, or in any other request or communication by Buyer, or any attempt to modify, supersede, supplement, or otherwise alter the terms and conditions in this Proposal, will not be binding on Seller unless each such term has been fully approved in writing, as evidenced by an authorized Seller's representative signing said writing and placing Seller representative's initials next to each approved paragraph. II. FLOOD BARRIER PRODUCTS a. Products. Seller offers to design, engineer, fabricate, and furnish to Buyer the flood barrier products (Products) itemized in FLOOD BARRIER PROPOSAL (Proposal), as detailed on Approval Drawings, for the prices listed and subject to the terms and conditions in this Proposal. b. Design. This Proposal is based upon the information Buyer has supplied to Seller, as detailed on the Approval Drawings, and will change if such information changes. Seller is not responsible for field conditions, including but not limited to the design or condition of the in -place structures. Seller designs its Products to be anchored, or welded, into in -place structures, consisting of either 8-inch grout filled concrete masonry unit or cast -in -place concrete with a minimum strength of 3,000 pounds per square inch, or structural steel framing. If actual field conditions differ, Buyer's local qualified engineer must review and approve the fastening system or modify the mounting structure to accommodate the fastenings system provided. All water pressure and operating loads are transferred to in -place structures, which others (not Seller) must design, engineer, and build with the capacity to accept loads of the Products and transferred by the Products. No allowances are included in the design of the Products, including but not limited to hydrodynamic loads, debris impact loads, or wave loads, unless otherwise provided in this Proposal. Seller exclusively uses compressible seals, which are not dependent on inflation devices. Seller (or its suppliers) may make improvements or changes in the Products at any time. c. Standards and Specifications. This Proposal is based on Seller's specifications and manufacturing methods. Seller engineers its Products to conform to the design requirements of the International Building Code (IBC) and applies representative load combinations and equivalent safety factors recommended by industry standards including ASCE /SEI 7 and 24, FEMA (ref. IBC), FM Global, AISC, ADM, and ACI. d. Intellectual Property. Title to and ownership of all related documents and knowledge shall remain the property of Seller. Technical data that will be furnished with restrictions include, but are not limited to, flood mitigation product designs and specifications; drawings (shop, detailed, interface control, as built), test plans, procedures, reports; operations and maintenance manuals; and all Patents and Trademarks. e. Performance. Unless otherwise provided in this Proposal, requirements, terminology, tolerances, and performance standards applicable to the Products are those specified as Type 2 Closures in Chapter 7, Section 701.1.2 of the U.S. Army Corps of Engineers, Engineer Pamphlet 1165-2-314 (15 December 1995). Closures will form essentially dry barriers or seals, allowing only slight seepage during the hydrostatic pressure conditions of flooding to the design flood elevation. Actual seepage will vary. Buyer is responsible to address seepage, including but not limited to consulting with Buyer's local qualified engineer and /or utilizing sump- or bilge -type pumps. f. Maintenance. Seller recommends that the owner, operator, or other end user implement an annual maintenance program to inspect the gaskets, barriers, and all latching devices, which may routinely require replacement of parts, touch-up painting, and other maintenance. Seller disclaims all responsibility for performance of the Products if the recommended maintenance program is not strictly adhered to. g. Exclusions. Unless listed on the cover sheet of this Proposal, this Proposal excludes freight, unloading, storage, installation, field verification, field testing, field painting, touch-up paint, taxes, levies, duties, tariffs, liquidated damages, retainage, professional engineer -stamped calculations, bond costs, and assessments of any nature due. Buyer is responsible for all items and services not expressly listed in this Proposal. III. DELIVERY a. Schedule. Seller will use all reasonable efforts to deliver the Products on the dates requested by Buyer, but time is not of the essence and if, despite Seller's reasonable efforts, Seller is unable for any reason to fulfill any delivery of the Products on the specified date, Seller will not be liable to Buyer. Seller will not reimburse Buyer for liquidated damages or actual damages incurred by reason of late deliveries. b. Terms. Domestic delivery of the Products will be F.O.B. ORIGIN 58201, Prepaid and Added to Invoice (PPD ADD), unless otherwise provided in this Proposal. International shipments are Ex Works. Buyer assumes all responsibility for shipments of Products requiring any government import clearance. c. Force Maieure. Any delay or failure of Seller to perform its obligations regarding the subject matter of this Proposal will be excused to the extent that the delay or failure was caused by an event beyond Seller control, without Seller fault or negligence, and that by its nature could not have been foreseen by Seller or, if it could have been foreseen, was unavoidable (which events may include natural disasters, pandemics, embargoes, explosions, riots, wars, acts of terrorism, strikes, labor stoppages or slowdowns or other industrial disturbances, and shortage of adequate power or transportation facilities). d. Title / Risk of Loss. Title and risk of loss passes to Buyer upon delivery of the Products at the origin (58201). As collateral security for the payment of the purchase price of the Products, Buyer grants to Seller a lien on and security interest in and to all the right, title, and interest of Buyer in, to, and under the Products, wherever located, and whether now existing or hereafter created or acquired, and in all additions thereto and replacements or modifications thereof, as well as all related proceeds (including insurance proceeds). e. Inspection of Products. Buyer shall inspect the Products within ten (10) days of receipt (Inspection Period). Buyer accepts the Products as -is unless it notifies Seller in writing of any Nonconforming Products during the Inspection Period and furnishes such written evidence or other documentation as reasonably required by Seller. Nonconforming Products means only: (i) one or more of the Products shipped is different than identified in this Proposal; or (ii) one or more of the Products' label or packaging incorrectly identifies its contents. If Buyer timely notifies Seller of any Nonconforming Products, Seller will, in its sole discretion: (i) replace such Nonconforming Products with conforming Products, or (ii) credit or refund the price for such Nonconforming Products. In either event, Buyer shall ship, at its expense and risk of loss, the Nonconforming Products to Seller facility located in Grand Forks, North Dakota 58201. If Seller exercises its option to replace Nonconforming Products, Seller will furnish to Buyer the replacement Products according to this Proposal after receiving Buyer's shipment of Nonconforming Products. The remedies set forth in this paragraph are Buyer's exclusive remedies for the delivery of Nonconforming Products. f. Returns. Certain standard Products, as identified by Seller, are eligible for exchange or return. Buyer must request a Return Material Authorization (RMA) prior to returning material to Seller. Product must be in original condition as received. All prior authorized returned Product is subject to a minimum restocking fee of 25% up to 100%, subject to receiving inspection and condition of returned Product. Buyer is required to pay for return freight. Except as provided in this paragraph, all sales of Products to Buyer are made on a one-way basis and Buyer has no right to return Products to Seller. Cosmetic conditions, including but not limited to oil canning or rippling of flat surfaces of metal -faced door panels, are not a cause for rejection. g. Limited Warranty. Subject to the terms of this Limited Warranty, Seller warrants to the original user or consumer (Owner) of a Seller's Product that, for a period of one (1) year from the date of shipment, or as specifically listed in the line items of Proposal, the Product will be free from defects in material and workmanship under normal Page 5 of 7 Rev. Date: 02/15/22 PS INDUSTRIESTM INCORPORATED PS Access Solutions- PS Safety Access- PS Flood Barriers - 1150 S. 48th Street, Grand Forks, ND 58201 Phone: 701.746.4519 Toll Free: 877.446.1519 www.psindustries.com PROPOSAL NO.: 0029440-RO use and service, and provided the Product is installed, operated, and maintained in accordance with instructions supplied by Seller. The terms and limitations of this Limited Warranty apply to all repaired or replacement Products for a term equal to the balance of the warranty remaining on the Product that was repaired or replaced as of the date of such repair or replacement. PS Flood Barrier Product Warranty Registration: For PS Flood Barrier' Products, this Limited Warranty will only be valid if the Owner completes the Warranty Registration card included in the Product Operation & Maintenance Manual within thirty (30) days of Product installation. To request a copy of the Warranty Registration card, contact Seller. Warranty Exclusions: Notwithstanding anything to the contrary, this Limited Warranty does not cover any of the following: (i) Normal wear and tear (including, but not limited to, normal wear and tear to gaskets and weather seals); damage or accidents resulting from freight damage, from failure to follow precautionary safety measures, or applied paint failure; abuse, misuse, or unauthorized modification of the Product; misapplication; improper installation; or any defects, damage or other harm that is not the result of the acts or omissions of Seller. (ii) Cost of field labor or other charges incurred by Owner in removing and/or re -affixing the Product or any part or component thereof. (iii) Transportation costs. Unauthorized modification of or to the Product voids this Limited Warranty. Authorized modifications, received in writing from Seller, if the modification is accomplished in strict accordance with Seller instructions, does not void warranty. To request product modifications, contact Seller. Claim Procedure: To make a claim under this Limited Warranty, the claim must be received by Seller before the expiration of the above stated Limited Warranty period together with proof of purchase. An authorized Seller representative must be given a reasonable opportunity to inspect and investigate the alleged Product defect prior to any work being done that affects the Product or its installation. Seller reserves the right to charge reasonable amounts for travel and labor associated with investigation of claims. Seller may also require photographs of the alleged Product defect or return of the Product or part to a designated Seller location, freight prepaid. A return goods authorization must be received prior to the return of the Product or part. Please contact Seller to determine the designated location for return and to obtain the return goods authorization. Exclusive Remedy: In the event of a warranty claim that Seller determines to be covered by this Limited Warranty, Seller will replace or repair, at Seller's discretion, the Product or any part of the Product found to be defective. Disclaimers: The above warranty and remedy is the sole express warranty and remedy given by Seller on its Product. No warranties or representations at any time made by any representative from Seller shall vary or expand the provisions hereof. TO THE EXTENT PERMITTED BY LAW, ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON -INFRINGEMENT) OTHER THAN THE EXPRESS LIMITED WARRANTY SET FORTH ABOVE ARE EXPRESSLY DISCLAIMED. UPON THE EXPIRATION OF THE ABOVE STATED LIMITED WARRANTY PERIOD, ANY AND ALL APPLICABLE IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON -INFRINGEMENT, ARE DISCLAIMED. SOME STATES DO NOT ALLOW LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO OWNER. LIABILITY LIMITATION: In no event will Seller liability to Owner or any other person or entity exceed the price paid to Seller for the defective Product. IN NO EVENT SHALL PS INDUSTRIES INCORPORATED BE LIABLE TO OWNER OR ANY OTHER PERSON OR ENTITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES OF ANY DESCRIPTION, WHETHER ARISING OUT OF WARRANTY (INCLUDING ANY IMPLIED WARRANTIES) OR ANY OTHER CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, OR OTHERWISE, INCLUDING ARISING FROM INSPECTION OR REMEDY DELAYS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO OWNER. THIS WARRANTY GIVES OWNER SPECIFIC LEGAL RIGHTS AND OWNER MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. IV. PAYMENT a. Price. Buyer shall purchase the Products from Seller at the prices listed in Proposal. All prices are contingent on acceptance of all the terms and conditions in this Proposal, and subject to change if said terms and conditions change. All prices are exclusive of sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any governmental authority on any amounts payable by Buyer. Buyer shall be responsible for all such charges, costs, and taxes, unless otherwise provided in this Proposal. b. Payment Schedule. Buyer shall pay Seller according to the following schedule by certified funds, or as otherwise agreed and subject to credit approval: i. Progress Payment 1: Twenty-five percent (25%) of the total price due with order. No work will begin until payment is received. ii. Progress Payment 2: Twenty-five percent (25%) of the total price due upon Seller delivering the first shop drawing(s). Fabrication will not begin until payment is received. iii. Final Payment: Remaining balance due upon receipt. c. Terms. Buyer shall pay interest on all late payments at the lesser of the rate of eighteen percent (18%) per annum, or the highest rate permissible under applicable law, calculated daily (0.05% per day) and compounded monthly. Buyer shall reimburse Seller for all costs incurred in collecting any late payments, including attorneys' fees. In addition to all other available remedies, Seller may suspend production, shipment, or delivery of any of the Products, and any other services if Buyer fails to pay any amounts when due under this Proposal and such failure continues for seven (7) days following written notice. Seller reserves the right to require full or partial payment in advance. Once payment has been received or acceptable arrangements have been made, orders will be rescheduled based on the then -current fabrication schedule. Buyer shall not withhold payment of any amounts due and payable by reason of any set-off of any claim or dispute with Seller. Seller does not authorize any form of retainage. Seller's entitlement to payment is absolute and not contingent upon Buyer receiving payment. V. CANCELLATION / CHANGES / POSTPONING SHIPMENT a. Cancellation by Buyer. Following acceptance of this Proposal, Buyer's cancellation of this Proposal is subject to fees based upon the production status of the Products as follows: i. Twenty-five percent (25%) of the total price if the drawing process has started. ii. Fifty percent (50%) of the total price if Seller has delivered the first shop drawing(s) to Buyer. iii. Seventy-five percent (75%) of total price if Seller has started fabrication. iv. One hundred percent (100%) of the total price if Seller has completed fabrication. NOTE: If specialty hardware or material has been ordered that is specific to the Buyers products, the cost of that hardware or material will be added to the cancellation fee. b. Changes by Buyer. Following acceptance of this Proposal, any changes to the Products will be subject to fees as quoted by Seller upon receipt of said changes. No work will proceed until Seller receives an acknowledgement of the change order from Buyer. c. Postponing Shipments. Buyer may request to delay a shipment, beyond the scheduled ship date, by contacting Seller no later than ten (10) business days prior to the scheduled ship date. Buyer may delay the shipment for up to seven (7) calendar days at no charge. A $100 per day storage fee will be assessed beginning on the eight (8th) calendar day, and each subsequent calendar day, until shipment leaves Seller's facility. d. Cancellation by Seller. In addition to all other available remedies, Seller may terminate any agreement formed after this Proposal has been accepted with immediate effect upon written notice to Buyer, if Buyer: (i) fails to pay any amount when due under this Proposal and such failure continues for seven (7) days after Buyer's receipt of written notice of nonpayment; (ii) has not otherwise performed or complied with this Proposal; (iii) becomes insolvent, files a petition for bankruptcy, or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization, or assignment for the benefit of creditors; or (iv) fails to respond to communication requests from Seller as to the intent and status of a project which has had no action for ninety (90) days. Cancellation fee schedule will apply. e. Survival. Subject to the terms and conditions in this Proposal, (i) the representations and warranties contained in this Proposal will survive expiration, cancellation, or termination; and (ii) sections I, IV, V, and VI of this Proposal, as well as any other provision that should survive in order to give proper effect to the intent of this Proposal, will survive expiration, cancellation, or termination. Page 6 of 7 Rev. Date: 02/15/22 PS INDUSTRIESTM INCORPORATED PS Access Solutions- PS Safety Access- PS Flood Barriers - 1150 S. 48th Street, Grand Forks, ND 58201 Phone: 701.746.4519 Toll Free: 877.446.1519 www.psindustries.com PROPOSAL NO.: 0029440-RO VI. MISCELLANEOUS a. Limitation of Liability. Seller will not be liable to Buyer or any third party for any loss of use, revenue or profit, or loss of data or diminution in value, or for any consequential, indirect, incidental, special, exemplary, or punitive damages, whether based upon breach of contract, tort (including negligence), strict liability, or otherwise, regardless of whether such damages were foreseeable and whether or not Seller has been advised of the possibility of such damages, and notwithstanding the failure of any remedy of its essential purpose. Seller's aggregate liability, whether based upon breach of contract, tort (including negligence), strict liability, or otherwise, will not exceed the total of the amounts paid to Seller for the Products sold under this Proposal. b. Indemnification. Buyer shall, at its expense, defend, indemnify, and hold harmless Seller and its officers, directors, employees, agents, affiliates, successors, and assigns against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, legal fees, and costs of enforcing any right to indemnification, and the cost of pursuing any insurance providers, arising out of or connected to (i) the subject matter of this Proposal; (ii) the Products; (iii) Buyer's acts, omissions, misconduct, or breach of contract, or (iv) any claim that Buyer's use or possession of the Products infringes or misappropriates the intellectual property right of any third party. c. Entire Agreement. Upon acceptance, this Proposal, including and together with any related exhibits, schedules, attachments, and appendices, will constitute the sole and entire agreement between Seller and Buyer regarding the subject matter of this Proposal, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral. d. Severability. If any term of this Proposal is unenforceable in any jurisdiction, such unenforceability will not affect any other terms of this Proposal or invalidate or render unenforceable such term in any other jurisdiction. e. Counterparts. This Proposal may be accepted and executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. f. Third Parties. Upon acceptance, this Proposal is binding on and will benefit Buyer and Seller and their respective successors and assigns as permitted by this paragraph. Nothing in this Proposal, express or implied, confers on any other person or entity other than Buyer and Seller any legal or equitable right, benefit, or remedy of any nature whatsoever. Buyer shall not assign, transfer, delegate, or subcontract any of its rights or obligations regarding the subject matter of this Proposal without the prior written consent of Seller. Any purported assignment, transfer, delegation, or subcontract in violation of this paragraph will be null and void. No assignment, transfer, delegation, or subcontract will relieve Buyer of any of its obligations under this Proposal. Seller may at any time assign, transfer, delegate, or subcontract any or all its rights or obligations regarding the subject matter of this Proposal without Buyer's prior written consent. g. Amendments. No amendment to or modification of this Proposal is effective unless it is in writing, identified as an amendment or modification to this Proposal, and signed by an authorized representative of Buyer and Seller in accordance with paragraph I(d) of this Proposal. h. Waiver. Buyer waives any claim arising out of or connected to the Products unless made in writing within ninety (90) days from date of shipment of the Products. No waiver by Seller of anything in this Proposal will be effective unless explicitly set forth in writing and signed by Seller. Seller' failure to exercise, or delay in exercising, any right, remedy, power, or privilege regarding the subject matter of this Proposal will not operate or be construed as a waiver thereof, nor will any single or partial exercise of any right, remedy, power, or privilege preclude any other or further exercise thereof, or the exercise of any other right, remedy, power, or privilege. i. Remedies. Unless otherwise provided in this Proposal, all rights and remedies created upon acceptance of this Proposal are cumulative and not exclusive, and the exercise by either party of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available between the parties. j. Dispute Resolution. Any dispute, controversy, or claim arising out of or connected to the subject matter of this Proposal, or the breach, termination, or invalidity thereof, which is not resolved between the parties themselves, will be finally settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, effective on the date of this Proposal, by a single arbitrator who will be appointed in accordance with such rules. The place of arbitration will be Minneapolis, Minnesota. The arbitration will be conducted in the English language. Judgment upon the award of the arbitrator may be entered in any court having jurisdiction. This Proposal will be governed by, interpreted, and construed in accordance with the laws of the State of North Dakota. k. Notices. All notices, requests, consents, claims, demands, waivers, and other communications under this Proposal must be in writing and addressed to the other party at its address set forth in this Proposal (or to such other address that the receiving party may designate in writing as required by this paragraph). All notices must be delivered by personal delivery, certified mail (return receipt requested, postage prepaid), or electronic mail. Such notice is effective only (a) on receipt by the receiving party, and (b) if the party giving the notice has complied with the requirements of this Section. Page 7 of 7 Rev. Date: 02/15/22 Attachment 7 Garrison Systems, LLC. 240 E 74th Street New York, NY 10021 +1 9292992099 sales@garrisonflood.com www.garrisonflood.com GARRISON FLOOD CONTROL ADDRESS Zachary Eichholz 100 Polk Ave Cape Canaveral, FL. 32920 SHIP TO Zachary Eichholz 100 Polk Ave Cape Canaveral, FL. 32920 ESTIMATE # 24887 DATE 01/08/2024 SHIP VIA LTL SALES REP Eric Hochman ITEM DESCRIPTION QTY RATE AMOUNT East Emergency Door to West Emergency Door- 240' MB2-S Mayim Barrier Straight - 30"H x 33.5"D x 39.4"W - RED MB2-OC Mayim Barrier Outward Curve - 30"H x 33.5"D x 13.4"W x 28.0"W RED MB2-GEL Mayim Barrier Gable End Left - 30"H x 33.5"D x 7x1 "W MB2-GER Mayim Barrier Gable End Right - 30"H x 33.5"D x 7.1"W 80 6 1 1 209.51 209.51 161.16 161.16 16,760.80T 1,257.06T 161.16T 161.16T LTL Curbside Delivery Commercial Curbside Delivery SUBTOTAL TAX SHIPPING TOTAL 18,340.18 1,283.81 2,341.88 21,965.87 Accepted By Accepted Date All orders are covered by the terms of our Return Policy, Warranty, and Shipping & Delivery procedures. Links to these terms and policies can be found at the bottom of our website. www.garrisonflood.com Garrison Systems, LLC. 240 E 74th Street New York, NY 10021 +1 9292992099 sales@garrisonflood.com www.garrisonflood.com ADDRESS SHIP TO Zachary Eichholz Zachary Eichholz 100 Polk Ave 100 Polk Ave Cape Canaveral, FL. Cape Canaveral, FL. 32920 32920 GARRISON FLOOD CONTROL ESTIMATE # 24893 DATE 01/08/2024 SHIP VIA SALES REP LTL Eric Hochman ITEM DESCRIPTION QTY RATE AMOUNT Entire Building Perimeter-540 Feet MB2-S Mayim Barrier Straight - 30"H x 33.5"D x 39.4"W - RED MB2-OC Mayim Barrier Outward Curve - 30"H x 33.5"D x 13.4"W x 28.0"W - RED MB2-GEL Mayim Barrier Gable End Left - 30"H x 33.5"D x 7x1 "W MB2-GER Mayim Barrier Gable End Right - 30"H x 33.5"D x 7.1"W 180 209.51 37,711.80T 12 209.51 2,514.12T 1 161.16 161.16T 1 161.16 161.16T LTL Curbside Delivery Commercial Curbside Delivery SUBTOTAL 40,548.24 DISCOUNT 2.5%- 1,013.71 TAX 2,767.42 SHIPPING 3,895.35 TOTAL $46,197.30 Accepted By Accepted Date All orders are covered by the terms of our Return Policy, Warranty, and Shipping & Delivery procedures. Links to these terms and policies can be found at the bottom of our website. www.garrisonflood.com Garrison Systems, LLC. 240 E 74th Street New York, NY 10021 +1 9292992099 sales@garrisonflood.com www.garrisonflood.com ADDRESS Zachary Eichholz 100 Polk Ave Cape Canaveral, FL. 32920 SHIP TO Zachary Eichholz 100 Polk Ave Cape Canaveral, FL. 32920 ESTIMATED # 24894 DATE 01/08/2024 GARRISON FLOOD CONTROL SHIP VIA SALES REP LTL Eric Hochman ITEM DESCRIPTION QTY RATE AMOUNT Entire Building Perimeter Into Parking Lot-630 Feet MB2-S Mayim Barrier Straight - 30"H x 33.5"D x 39.4"W - RED MB2-OC Mayim Barrier Outward Curve - 30"H x 33.5"D x 13.4"W x 28.0"W - RED MB2-GEL Mayim Barrier Gable End Left - 30"H x 33.5"D x 7x1 "W MB2-GER Mayim Barrier Gable End Right - 30"H x 33.5"D x 7.1"W 210 209.51 43,997.10T 18 209.51 3,771.18T 1 161.16 161.16T 1 161.16 161.16T LTL Curbside Delivery Commercial Curbside Delivery SUBTOTAL DISCOUNT 5% TAX SHIPPING TOTAL 48,090.60 -2,404.53 3,198.02 5,194.77 $54,078.86 Accepted By Accepted Date All orders are covered by the terms of our Return Policy, Warranty, and Shipping & Delivery procedures. Links to these terms and policies can be found at the bottom of our website. www.garrisonflood.com CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MARCH 19, 2024 AGENDA ITEM SUMMARY • ITEM # 6 Subject: Approve date/time/location for a City Council Joint Educational Workshop Meeting with the Planning and Zoning Board regarding Green Stormwater Infrastructure and Low Impact Development Codes and Program Incentives. Department: Community and Economic Development Summary: At the February 20, 2024 Regular Meeting, the Council reached consensus for a possible Joint Educational Workshop (as described below) on the Wednesdays of March 27, April 3, or April 17, 2024 (Attached). In this Joint Educational Workshop Meeting, the project partners, along with Staff, will provide a comprehensive review of green stormwater infrastructure (GSI) and low impact development (LID) concepts with project photos, examine practices and regulations adopted by other communities, and explore opportunities and challenges associated with these stormwater management concepts. In furtherance of the goals of our Resiliency Action Plan (Preparedness Targets 14, 33, 35, 36), as well as alignment with coming State -mandated Comprehensive Plan Peril of Flood amendments, integrating GSI and LID into city codes is critical to maintaining the City's leadership in resilience and mitigating flood risks. The proposed Workshop is educational, with capacity for discussion. At the completion of the Workshop, the City Council and the Planning and Zoning Board (PZB) will provide project partners with community -specific sentiments and relevant perspectives in GSI and LID. Additional workshops may follow. Staff polled members of the PZB and determined that Wednesday March 27, 2024 is their preferred date. It is now incumbent on the Council to establish a workshop date, time, and location for the Joint Education Workshop Meeting. In the February 20, 2024 Regular Council Meeting, the timeframe of 6 pm to 8 pm on the selected dates was referenced. Submitting Department Director: David Dickey Attachment: DRAFT City Council Regular Meeting Minutes— February 20, 2024 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: Approve date/time/location for a City Council Joint Educational Workshop Meeting with the Planning and Zoning Board regarding Green Stormwater Infrastructure and Low Impact Development Codes and Program Incentives. Approved by City Manager: Todd Morley City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • February 20, 2024 Minutes • Page 3 of 5 2. Accept the Annual Audited Financial Statements and Independent Auditor's Report for the Fiscal Year ended September 30, 2023. 3. Approve proposal from Mead & Hunt, Inc. in the amount of $58,459 for Construction Phase Engineering Services as part of the Center Street Pump Station and authorize City Manager to execute same. 4. Approve the purchase of a new backhoe in the amount of $85,699.51 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. ITEM FOR ACTION: 5. Approve and provide possible dates for a City Council Joint Educational Workshop Meeting with the Planning and Zoning Board regarding Green Stormwater Infrastructure and Low Impact Development Codes and Program Incentives: (Yellow Highlighted) City Manager Morley explained the Item. RES Manager Miller discussed schedule conflicts since the printing of the Agenda, and alternative days for Council to consider for the Workshop. Discussion ensued and included the purpose of the meeting, the time commitment of 1-2 hours which would replace the regular Planning and Zoning Board Meeting, and coordinating Council and Board Member availability. Council reached consensus for a possible Workshop on the Wednesdays of March 27, April 3, or April 17. Mayor Morrison recessed the meeting at 7:25 p.m. The meeting reconvened at 7:40 p.m. ITEMS FOR DISCUSSION: 6. Discuss the criteria for Special Meetings/Workshops (Submitted by Council Member Davis): Council Member Davis explained the Item. Discussion ensued and included adequate time to prepare for meetings, request for special and workshop meetings to start at 4:00 p.m., previous requests Council Member Davis made for 4:00 p.m. start times, City Code meeting guidelines, explanations for calling recent special and workshop meetings to start earlier than 4:00 p.m., determining what the urgency for a meeting is, conflicts with work schedules, virtual remote option to attend meetings, the State requirement allowing up to two Council Members to attend meetings electronically, communication with the City Clerk regarding availability to attend meetings per City Code Sec. 2-57(a)(2), desire to know which Council Member is calling the meeting, meeting times, providing a block of time for the length of the meeting, range of dates, subject matter, and whether it is appropriate for Council Members to call or email each other to schedule meetings. City Attorney Garganese discussed a provision in the City Charter allowing Council to adopt resolutions for excused absences which would not count as a mark against the person for attendance purposes, encouraged Council use its approved Meeting Schedule to call meetings while during their public meetings, and recommended Council follow the City Code in order to void Sunshine Law issues. Discussion continued regarding using the Council -approved Reserved Dates first for scheduling meetings, using Code Sec. 2.57(a)(1) if there is not an urgency to call a Special or Workshop meeting otherwise, and providing reasons for declining availability. Council reached consensus to call Special and Workshop Meetings by first checking the official City Council Meeting Schedule Reserved Dates, contact the City Clerk to specify the length of time needed for a meeting and blocks of time for availability, schedule or call for meetings during a City Council Regular Meeting if possible, and start meetings no earlier than 4:00 p.m. CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MARCH 19, 2024 AGENDA ITEM SUMMARY • ITEM # 7 Subject: Lowing Golf cart registration to gain compliance. Department: City Council Summary: Lately I have seen more golf carts on the sidewalks which is a violation of our city codes. Initially making Cape Canaveral a GOLF Cart Friendly city was to help with our carbon footprint, to provide alternate transportation options for our residents. And to keep funds for registration in our city and make the process easier. Our registration fees are higher then most surrounding cities. Is this keeping residents from following the registration process in our city? Submitting Council Member: Mayor Pro Tem Kellum Attachments: None. ITEM # 8 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: February 16, 2024 RE: Monthly Financial Report —January 2024 Staff is pleased to present the Monthly Financial Report for the period ending January 31, 2024. At this point in the Fiscal Year, the Year -to -Date Actuals should be 33.3% of the total annual budget. Total General Fund Departmental costs are 4.6% above target. Administrative Services is running below target at 27.7%. Community Development/Code Enforcement/Economic Development is under target at 29.1%. Building Department is under target at 25.8%. Protective Services are over target by 6.8%. Fire Rescue is running above target by 7%. Parks Recreation/Community Affairs is 6.1% below target. Non -Departmental expenditures are above budgetary projections by 10.6%. The Community Redevelopment Agency (CRA) has incurred $994,745 of expenses for the current Fiscal Year. Wastewater Fund overall costs are under target at 21.1%. The Stormwater Fund is under target cost at 11.3%. The City's General Fund investments total $9,707,418.80; Special Revenue investments total $1,387,450.89; and Enterprise Fund investments total $1,076,821.50. The Grand total of all investments is $12,171,691.19. 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 January 31, 2024 Revenue (4th month of fiscal year = 33%) Ad Valorem Tax To date, the City has received 81.8% of Ad Valorem revenue. The City saw the first Ad Valorem payment in November, and should have seen the highest income in December. Local Option Gas Tax This amount represents actual for October and November and accruals for December and January. This is below target at 26.1%. Franchise Fees, Utility Service Taxes and Communications Service Tax This amount represents accruals for December and January, and some actuals for October to December. These are slightly above target at 34.4%. Permits and Licenses Permits and Licenses are above target at 45.4%. This will see greatest revenue in August/September when the BTR renewals are mailed out. State Shared Revenues These revenues are slightly below at 32.7%. This amount represents some actuals for October -January, as well as some accruals. 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 through December and an accrual for January. These are above target at 39.3.%. Recreation Fees (Leisure Services) Recreation Fees are below target at 23.7%. Investment Income Investment Income is above target at 57.5%. This is a direct result of a fluctuating market in the rate of return. Future events may affect current rate of return. Utility Operating Income (Wastewater Fund) This amount represents actual collections for October through December and an accrual for January. It is below target at 29.6%. Stormwater Utility Fees (Stormwater Fund) This amount represents actual collections for October through December and an accrual for January. It is right on target at 33.5%. City of Cape Canaveral Statement of Revenues & Expenditures Period Ended January 31, 2024 GENERAL FUND REVENUE Cash Forward Cash Forward - R&R Ad Valorem Taxes Local Option Gas Tax Franchise Fees Utility Taxes Communications Service Tax Permits & Licenses Federal Grants State Grants State Shared Revenue Local Shared Revenue Charges for Services Garbage & Recycling Revenue Recreation Fees Fines & Forfeitures Interest Income Fire Hydrant Rental Fee Miscellaneous Revenue PAL Program Revenue Transfer from School Guard Crossing Fund Transfer from CRA Fund Contribution from Wastewater Fund Contribution from Stormwater Fund TOTAL REVENUES EXPENDITURE Legislative Administrative Services Comm Dev/Code Enf/Econ Development Protective Services Fire / Rescue Services Building Infrastructure Maintenance Resiliency Division Parks Recreation + Community Affairs Legal Services Solid Waste Debt Service Non -Departmental Contingency TOTAL EXPENDITURES FY 2023-2024 JAN 24 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL 5,446,700 200,000 6,260,562 358,000 985,500 1,376,750 424,000 678,475 956,500 75,000 1,112,700 134,875 106,868 1,514,195 307,700 18,350 249,450 89,950 50,500 25,000 2,100 1,114,173 847,564 19,566 5,120,103 93,529 332,991 512,134 136,962 307,802 363,329 10,664 594,477 72,963 1,378 143,512 21,811 30,050 32,431 786,815 282,521 6,522 0.0% 1,815,567 0.0% 66,667 81.8% 2,086,854 26.1% 119,333 33.8% 328,500 37.2% 458,917 32.3% 141,333 45.4% 226,158 0.0% 318,833 0.0% 25,000 32.7% 370,900 0.0% 44,958 10.0% 35,623 39.3% 504,732 23.7% 102,567 7.5% 6,117 57.5% 83,150 24.2% 29,983 59.5% 16,833 129.7% 8,333 0.0% 700 70.6% 371,391 33.3% 282,521 33.3% 6,522 22,354,478 8,849,994 39.6% 7,451,493 93,077 642,011 769,216 3,796,947 2,611,690 493,744 1,908,396 1,017,444 2,329,353 319,476 1,518,000 1,420,143 5,205,912 229,069 35,325 177,967 223,969 1,523,023 1,052,875 127,196 339,203 188,184 632,998 51,677 438,540 1,392,785 2,283,671 38.0% 27.7% 29.1% 40.1% 40.3% 25.8% 17.8% 18.5% 27.2% 16.2% 28.9% 98.1% 43.9% 0.0% 31,026 214,004 256,405 1,265,649 870,563 164,581 636,132 339,148 776,451 106,492 506,000 473,381 1,735,304 76,356 22,354,478 8,467,413 37.9% 7,451,493 Excess of Revenues Over / (Under) Expenditures 382,581 Page 1 of 6 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended January 31, 2024 POLICE EDUCATION FUND REVENUE Police Education Income Interest Income TOTAL REVENUES EXPENDITURE Education & Training Contingency TOTAL EXPENDITURES FY 2022-2023 JAN 24 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL 1,140 257 22.5% 380 204 116 56.9% 68 1,344 373 27.8% 448 1,344 0.0% 448 1,344 0.0% 448 Excess of Revenues Over / (Under) Expenditures 373 FIRE PROTECTION FUND REVENUE Cash Forward R&R Interest Income TOTAL REVENUES EXPENDITURE Contingency TOTAL EXPENDITURES FY 2022-2023 JAN 24 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL 540 0.0% 180 540 0.0% 180 540 0.0% 180 540 0.0% 180 Excess of Revenues Over / (Under Expenditures Page 2 of 6 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended January 31, 2024 SCHOOL CROSSING GUARD FUND REVENUE Cash Forward Parking Fine Surcharge TOTAL REVENUES EXPENDITURE Transfer to General Fund Contingency TOTAL EXPENDITURES FY 2022-2023 JAN 24 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL 1,400 0.0% 467 700 100 14.3% 233 2,100 100 4.8% 700 2,100 0.0% 700 - 0.0% - 2,100 - 0.0% 700 Excess of Revenues Over / (Under) Expenditures 100 LIBRARY FUND REVENUE Ad Valorem Taxes Interest Income TOTAL REVENUES EXPENDITURE Operating Expenses Capital Purchases Contingency TOTAL EXPENDITURES FY 2022-2023 JAN 24 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL 78,019 63,884 81.9% 26,006 5,400 3,397 62.9% 1,800 83,419 67,281 80.7% 27,806 34,475 28,705 83.3% 11,492 30,000 2,055 6.9% 10,000 18,944 4,999 26.4% 6,315 83,419 35,759 42.9% 27,806 Excess of Revenues Over / (Under) Expenditures 31,522 Page 3 of 6 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended January 31, 2024 CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY FY 2022-2023 JAN 24 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward Shared Revenue from Cape Canaveral 1,383,417 1,383,417 100.0% 461,139 Shared Revenue from Brevard County 1,217,800 1,217,800 100.0% 405,933 Interest Income 2,500 405 16.2% 833 Transfer from General Fund 150,000 0.0% 50,000 TOTAL REVENUES 2,753,717 2,601,622 94.5% 917,906 EXPENDITURE Operating Expenses 157,215 20,085 12.8% 52,405 Capital Purchases 728,000 135,522 18.6% 242,667 Debt Service 866,496 839,138 96.8% 288,832 Transfer to General Fund 300,000 0.0% 100,000 Contingency 702,006 0.0% 234,002 TOTAL EXPENDITURES 2,753,717 994,745 36.1% 917,906 Excess of Revenues Over / (Under) Expenditures 1,606,877 Page 4 of 6 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended January 31, 2024 IMPACT FEES FUND REVENUE Interest from Investment Impact Fees - Police Impact Fees - Fire/Rescue Impact Fees - Transportation Impact Fees - Parks/Recreation Impact Fees - General Government Impact Fees - Aerial Fire Truck Impact Fees - Library Transfer in from General Fund TOTAL REVENUES EXPENDITURE Contingency TOTAL EXPENDITURES FY 2022-2023 JAN 24 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL 5,920 0.0% - 19,250 20,270 105.3% 6,417 3,376 3,631 107.6% 1,125 0.0% 22,700 23,945 105.5% 7,567 15,850 16,702 105.4% 5,283 9,520 9,901 104.0% 3,173 12,000 12,645 105.4% 4,000 499,028 0.0% 82,696 592,042 715.9% 27,565 82,696 0.0% 27,565 82,696 0.0% 27,565 Excess of Revenues Over / (Under) Expenditures 592,042 LAW ENFORCEMENT TRUST FUND REVENUE Interest - State Transfer from General Fund TOTAL REVENUES EXPENDITURE School Resource Officer TOTAL EXPENDITURES FY 2022-2023 JAN 24 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL 40 17 42.5% 13 11,073 0.0% 3,691 11,113 17 0.2% 3,704 0.0% 3,704 0.0% 3,704 Excess of Revenues Over / (Under) Expenditures 17 Page 5 of 6 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended January 31, 2024 WASTEWATER ENTERPRISE FUND FY 2022-2023 JAN 24 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 300,000 0.0% 100,000 Federal Grant 127,500 0.0% 42,500 Utility Operating Income 5,519,082 1,636,288 29.6% 1,839,694 Utility Penalty Income 70,000 24,168 34.5% 23,333 Sewer Assessment Fees 84,000 90,370 107.6% 28,000 Reuse Hook -Up Fees 2,925 0.0% 975 Reclaimed Water Revenue 91,650 31,506 34.4% 30,550 Investment Income 7,200 6,138 85.3% 2,400 Sale of Fixed Assets 500 0.0% 167 Transfer from General Fund 1,400,000 0.0% 466,667 Transfer from CRA Fund 52,323 52,323 100.0% 17,441 SRF Loan Proceeds 1,320,000 139,604 10.6% 440,000 Miscellaneous Income 2,000 2,318 115.9% 667 Insurance Claims 114,882 0.0% TOTAL REVENUES 8,977,180 2,097,597 23.4% 2,992,393 EXPENDITURE Personal Services Operating Expenses Debt Service Capital Purchases Insurance Claims Contribution to General Fund Contingency TOTAL EXPENSES 1,970,298 1,658,749 710,040 3,747,500 847,564 43,029 666,155 432,984 182,496 309,333 20,339 282,521 33.8% 26.1% 25.7% 8.3% 0.0% 33.3% 0.0% 656,766 552,916 236,680 1,249,167 282,521 14,343 8,977,180 1,893,828 21.1% 2,992,393 Excess of Revenues Over / (Under) Expenses 203,769 STORMWATER ENTERPRISE FUND REVENUE Cash Forward Grants Stormwater Utility Fees Miscellaneous Income Investment Income Transfer from General Fund TOTAL REVENUES EXPENDITURE Personal Services Operating Expenses Capital Purchases Contribution to General Fund Contingency TOTAL EXPENSES FY 2022-2023 JAN 24 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL 301,500 580,000 1,087,800 4,500 917,500 0.0% 100,500 0.0% 193,333 364,873 33.5% 362,600 666 0.0% - 4,017 89.3% 1,500 0.0% 305,833 2,891,300 369,556 12.8% 963,767 383,327 332,520 1,986,500 19,566 169,387 127,729 75,331 116,726 6,522 33.3% 22.7% 5.9% 33.3% 0.0% 127,776 110,840 662,167 6,522 56,462 2,891,300 326,308 11.3% 963,767 Excess of Revenues Over / (Under) Expenses 43,248 Page 6 of 6 Florida State Treasury - Special Purpose Investment Account (SPIA) & FL SAFE As of January 31, 2024 Funds were invested with the State of Florida Division of Treasury, with a rate of return 3.26% Interest earned for the month: General Fund Committed (Constrained by Council) Expansion Recreation Expansion Police A1A Replenishment Capital Equipment Renewal & Replacement Total Committed Assigned - General Fund Emergency Reserve Unassigned Total General Fund SPIA Investments Florida Safe General Fund Emergency Reserve Florida Safe Note 2021 Florida Safe ARPA Reserve Total General Fund Florida Safe Investments Avg Monthly Rate 5.394%: Total General Fund Investments: Special Revenue Funds Restricted (by outside party) Police Education Fund Library Fund Impact Fees Law Enforcement Trust Fund Total Restricted $ 41,890.92 45,738.19 34,628.42 48,000.00 273,379.76 $ 401,746.36 $ 1,495,349.01 $ 518,631.66 $ 2,415,727.03 2,346,259.40 190,361.24 4,755,071.13 $ 7,291,691.77 $ 9,707,418.80 12,926.69 362,454.14 1,010,220.41 1,849.66 $ 1,387,450.89 Total Special Revenue Fund SPIA Investments: $ 1,387,450.89 Enterprise Funds Wastewater Fund: Wastewater General - Unrestricted Wastewater Fund Renewal & Replacement Stormwater Fund: Stormwater Fund - Unrestricted Stormwater Fund Renewal & Replacement 250,000.00 371,901.28 $ 621,901.28 250,000.00 204,920.22 $ 454,920.22 Total Enterprise Fund SPIA Investments: 1,076,821.50 TOTAL SPIA & FLSAFE INVESTMENTS $ 12,171,691.19 FY 23-24 GENERAL FUND CIP GREATER THAN $100,000 SUMMARY DECEMBER 31, 2023 CIP # GENERAL FUND FY 2023-24 BUDGET FY 2023-24 ACTUAL DIRECTOR NOTES INFRASTRUCTURE MAINTENANCE IM - 6 BCSO Solar Array 180,000 - Project start pending acquisition of Hazard Mitigation Grant Program (HMGP) - Hurricane Nicole funding. HMGP funding will cover 75% of the project's costs. IM - 7 Oak Lane Improvements 250,000 4,450 Fpl working on the removal and relocation of poles. 4-6 months out, will follow up with bid process after FPL work complete. IM - 9 Bike Lane Striping 50,000 - Project 55% complete, N. Atlantic Ave to start March 11th, project completion by beginning of April. IM - 10 C5 Energy Storage Project 110,000 - Project start pending acquisition of Hazard Mitigation Grant Program (HMGP) - Hurricane Ian funding. HMGP funding will cover 75% of the project's costs. IM - 12 Portable Generator 110,000 - Project start pending acquisition of Hazard Mitigation Grant Program (HMGP) - Hurricane Ian funding. HMGP funding will cover 75% of the project's costs. RESILIENCY DIVISIO RD - 2 Veterans Park Low Impact Development Enhancement 525,000 58,081 Project 65% complete and on time. Estimated project completion is June 2024. National Science Foundation Civic Innovation Challenge (CIVIC) grant awarded October 1, 2023. Construction of the rain garden began January 9, 2024. RD - 3 EV Charging Station Upgrade 120,000 110,643 Project 100% completed and all EV charging stations activated on December 6, 2023. PARKS RECREATION + COMMUNITY AFFAIRS PRCA - 11 Veterans Park Redevelopment 750,000 176,958 Project 65% complete, pavers and walls being worked on, FPL to hook up power, lighting and landscaping to follow. TOTAL GENERAL FUND $ 2,095,000 $ 350,132 FY 23-24 CRA CIP GREATER THAN $100,000 SUMMARY DECEMBER 31, 2023 CIP # CRA FY 2023-24 BUDGET FY 2023-24 ACTUAL DIRECTOR NOTES CR-2 Civic Hub 150,000 56,687 Mead & Hunt performing stormwater feasibility study CR 4 Presidential Streets 300,000 1,250 Project not started; awaiting the final reccomendations from the Presidential Streets Master Plan Phase II One-way Study via Kimley Horn & Associates. CR-8 CAPE Center Fire Alarm 13,000 58,544 Completed TOTAL CRA $ 463,000 $ 116,481 FY 23-24 WASTEWATER CIP GREATER THAN $100,000 SUMMARY DECEMBER 31, 2023 CIP # WASTEWATER ENTERPRISE FUND FY 2023-24 BUDGET FY 2023-24 ACTUAL DIRECTOR NOTES WW-14 Sanitary Sewer GIS Mapping 100,000 9,357 90% Complete. WW-16 Clarifier Replacement 1,400,000 52,461 Project started Jan 8, 2024. Completion date set for June 2024. West rehabbed clarifier to start up in March. WW-17 PW Operations Building Roof 100,000 - Received quotes. 3-6 month start date. WW-19 Portable Sewer Pump 100,000 - Received quotes (State Contract). WW-20 Blower Pipe for Effluent Transfer 100,000 - Project on hold, most likely will be pushed to FY24-25 budget WW-21 Lift Station Replacements (#5) 570,000 204,975 95% Complete. Waiting to hear back from the DEP on the inspection and waiver request. VVW-22 Pump Enclosure Structures 750,000 - Project 20% complete, waiting on submittals and revised engineer drawings. WW-23 Resilience Operations Utility Energy Backup System 170,000 - Awaiting to hear back from the state on hazard mitigation funding TOTAL WASTEWATER ENTERPRISE FUND $ 3,290,000 FY 23-24 STORMWATER CIP GREATER THAN $100,000 SUMMARY DECEMBER 31, 2023 CIP # STORMWATER ENTERPRISE FUND FY 2023-24 BUDGET FY 2023-24 ACTUAL DIRECTOR NOTES SW-2 Central Ditch Improvements 450,000 - Project is on hold SW-6 Oak Lane Improvements 300,000 30,638 Fpl working on the removal and relocation of poles. 4-6 months out, will follow up with bid process after FPL work complete. SW-7 Center Street Basin Improvements 935,000 86,089 Engineers looking over submittals, work to begin roughly by the end of March/ beginning of April. Valve and pump ordered. SW-10 Portable SW Pump 160,000 - Awaiting to hear back from the state on hazard mitigation funding TOTAL STORMWATER ENTERPRISE FUND $ 1,845,000 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MARCH 19, 2024 AGENDA ITEM SUMMARY • ITEM # 9 Subject: Update to the January 24, 2024 Special Council Meeting. This item is presented for informational purposes only; no recommendation for action to be taken at this time. Department: Community and Economic Development Summary: At the January 24, 2024 City Council Special Economic Development (CED) Department roles and responsibilities and discussed actions proposed to resolve current issues for properties Jackson Avenue. Please see status update table below, which updates each of the items of Council consensus reflected in the January 24, 2024 Meeting Minutes (Attachment 1): 304-316 Fillmore Avenue Project: Item Status 1. Obtain and distribute to City Council a building permit inspections report showing date, type of inspection and disposition, and in the case of failed inspections, cited codes and any inspector notes. This report applies to all codes applicable to all permitted construction performed at 304, 306, 314 and 316 Fillmore Avenue. Include Building Official's statement that all necessary inspections were ultimately approved. See Attachment 2 2. Obtain an Engineering Report of: a. Existing site conditions, and b. a review of all site -related permit documents submitted by Allen Engineering and former City Engineer John Pekar for all site -related permitted construction performed at 304, 306, 314 and 316 Fillmore Avenue (approved plans, letters, and calculations). The purpose and scope of the report is intended to ensure that the original design, as revised, meets or exceeds all applicable City Codes related to site development, including but not limited to the onsite stormwater drainage system and its connection to the municipal stormwater drainage system. The report shall note any Kimley Horn & Associates (KHA) Proposal for Civil Engineering Services was approved on February 20, 2024 — see Attachment 3. Staff walked site with KHA engineer on February 26, 2024. Engineering Report is forthcoming. The Proposal was forwarded to the Council on February 21, 2024. City of Cape Canaveral City Council Meeting • March 19, 2024 Agenda Item # 9 Page 2 of 3 improvements which deviate from original plans and indicate whether such deviation complies with City Code or, if not, recommendations for modifications necessary to comply with City Code. Note: particular attention shall be given to a revision related to the municipal stormwater inlet in the driveway of 306 Fillmore Avenue, to which the onsite stormwater drainage system is connected. In the original plan, a new storm inlet was to be located to the east of the old (original) inlet, but the revision called for the old inlet to remain in its original location. A connecting pipe size was changed to accommodate. 3. Request plans and confirmation on a date for FPL to remove overhead lines and reinstall all lines underground, consistent with City Code. Due to security concerns, FPL stated they generally do not provide electric utility plans. FPL has installed parallel underground service lines which are energized. Spectrum has begun removal of its overhead lines. Once they have completed their portion of the removal, FPL will remove its overhead lines. 4. Utilizing the Engineering Report (above), exercise available remedies to gain compliance on identified City Code -related deficiencies; and report status updates to the City Council. Awaiting receipt of KHA Engineering Report. 5. City Manager and City Attorney present any findings and or opportunities in a report to be distributed to the City Council on ways the City can improve our Community Development Department. To be presented in a future City Council update. 116, 118 and 120 Jackson Avenue: Item Status 1 Provide a Report showing all actions and correspondence related to Code Enforcement at 114, 116, 118 and 120 Jackson Avenue for the period from January 1, 2016 through January 24, 2024. The Report shall include all records available, whether generated by the City's BS&A software system or any other record storage method employed by the City's Code Enforcement Department. A response to this item was split into two documents. Attachment 4 includes an update for the requested enforcement activity report. The following folder has been created in Laserfiche that contains all of the responsive email correspondence: CC-LF\Public Records Requests and Reports\Jackson Avenue Code Enforcement Correspondence City of Cape Canaveral City Council Meeting • March 19, 2024 Agenda Item # 9 Page 3 of 3 2. Create and distribute Administrative Procedures reviewed and approved by our City Attorney complying with FL State Law and City Code to be followed by our City Code Enforcement Officers. To be presented in a future City Council update. 3. For our City Code Enforcement employees, provide a listing of: a. Required certifications, training and ongoing continuing education, and b. Achieved certifications, training and ongoing continuing education. See Attachment 5. 4. Distribute a monthly BS&A report of all open Code Enforcement Cases and an annual report of closed Code Enforcement Cases. Include other important data provided by BS&A such as date created, status, and or any other information necessary to monitor. A monthly report will be distributed via memo, beginning April 1, 2024, to provide the requested data. 5. Present any findings and or opportunities to be distributed to the City Council on ways the City can improve our Community To be presented in a future City Council update. Development Department as it relates to Code Enforcement. To be presented in a future City Council update. During discussion at the January 24, 2024 Special Meeting, Councilmembers once -again indicated a willingness to provide additional personnel or other resources to Code Enforcement should it be needed. CED Staff has met with the City Manager and Human Resources Director to further discuss this item. It was determined that due to the need for an increased focus on code enforcement customer care, as well as an increased work load related to administering the City's vacation rental program, additional staffing would be beneficial. Accordingly, additional code enforcement staffing will be requested as part of the FY 24/25 Budget. Submitting Department Director: David Dickey Attachments: 1. January 24, 2024 Special Council Meeting Minutes 2. Building Permit Inspection Report 3. KHA Proposal for Civil Engineering Services 4. Code Enforcement Activity Report 5. Code Enforcement Certification Report Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following actions: Receive Update to the January 24, 2024 Special Council Meeting; no recommendation for action to be taken at this time. Approved by City Manager: Todd Morley Attachment 1 CAPE CANAVERAL CITY COUNCIL SPECIAL MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Wednesday January 24, 2024 2:30 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 2:30 p.m.; Council Member Jackson led the Pledge of Allegiance. ROLL CALL: Council Members Present: Council Member Council Member Mayor Pro Tem Mayor Council Member Kim Davis Kay Jackson Mickie Kellum Wes Morrison Don Willis Others Present: City Manager City Attorney Deputy City Clerk Administrative/Financial Services Director Building Official Deputy Building Official Community + Economic Development (C+ED) Dir. C+ED Deputy Director/Code Enforcement Manager C+ED Code Enforcement Officer C+ED Sustainability Manager C+ED Senior Planner C+ED Resiliency Services Engineering Manager C+ED Executive Assistant/Department Admin. Human Resources/Risk Management Director Public Works Services Director Public Works Services Deputy Director Executive Assistant to City Manager/Office Manager Brevard County Sheriff's Office Lieutenant Todd Morley Anthony Garganese (arrived 2:33 p.m.) Daniel LeFever John DeLeo Michael German Shaun Milligan Dave Dickey Brian Palmer Chris Robinson Zachary Eichholz Kyle Harris Alexis Miller Renee Yother Melinda Huser June Clark Jessica Erdman Lisa Day Scott Molyneaux APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS: A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to approve the Agenda as written. The motion carried 5-0. PUBLIC PARTICIPATION: Peg Schaller, owner of Ellie Mae's Tiki Bar, discussed code violations of the adjacent tenant at 120 Jackson Avenue, a debris fire that occurred in March 2024, alleged inaction from the City regarding her Code Enforcement complaints, and accused City Code Enforcement officers of retaliation for issuing her multiple notices of violation. Upon hitting the three -minute timer limit, Mayor Morrison permitted Ms. Schaller to speak for an additional seven minutes, after stating there was no objection from Council. Ms. Schaller continued discussing a personal injury claim against the adjacent tenant at 120 Jackson Avenue due to a faulty railing that has resulted in her being sued. ITEM FOR CONSIDERATION: Review of Community Development Department roles, responsibilities and discuss actions proposed to resolve current issues for properties located on Fillmore Avenue and Jackson Avenue. (Submitted by Mayor Morrison): Mayor Morrison explained his submitted item. Council and Staff discussion ensued and included better communication and friendliness with business City of Cape Canaveral, Florida January 24, 2024 City Council Special Meeting Minutes Page 2 of 3 owners, resolving long-standing property owner issues, prioritization of Code Enforcement cases, investigative and enforcement steps regarding complaints, Staff preference for achieving voluntary compliance from and working with identified violators, use of formal notices of violations, magistrate hearings, liens, and potential foreclosures for violators that do not come into compliance, City options for further enforcement are limited once a lien is in place, State property rights restrictions on Code Enforcement officers' ability to physically/visibly investigate some complaints, training a new City Code Enforcement officer, there being no known private contracting service for Code Enforcement officers, further utilization of existing software to track existing Code Enforcement cases, and potential revisions to older/archaic parts of the City Code. Discussion shifted to stormwater and utility issues at Fillmore Avenue that resulted from revisions to the site plan, prior verbal communications between the former City Engineer and former Public Works Services Director, who has the authority to request such revisions on the part of the contractor, whether the individual that requested the revision was authorized to do so, recent internal administrative policy revisions to eliminate verbal approvals and authorizations, providing better documentation, and attempts to coordinate with Florida Power and Light (FPL) regarding building development/construction site utilities. City Manager Morley read a letter into the record from Gary Wittekind of Cape III, LLC regarding the status of working with FPL on the project. Mayor Morrison read a text message into the record from Jim Hurst, property owner at 306 Fillmore Avenue, regarding the most recent FPL actions at the site. Discussion continued regarding the City's utility franchise agreement with FPL, how much leverage, if any, the City has in regards to FPL's actions, next steps on the Fillmore Avenue project, reversion of stormwater inlet and swale revisions, Allen Engineering to perform a recertification review of the property's stormwater system at the conclusion of the project, an upcoming Staff meeting with representatives from the Fillmore Avenue project, preference to have a member of City Council present at said meeting, costs of contracting an independent engineering firm to review the project, past Council Meeting debates on costs and necessity of engineering reviews and analyses, and preferences to move forward expeditiously. Council reached Consensus to request the following, regarding the Fillmore Avenue project, as amended from Mayor Morrison's submitted item summary: 1. Obtain and distribute to City Council a building permit inspections report showing date, type of inspection and disposition, and in the case of failed inspections, cited codes and any inspector notes. This report applies to all codes applicable to all permitted construction performed at 304, 306, 314 and 316 Fillmore Avenue. Include Building Official's statement that all necessary inspections were ultimately approved. 2. Obtain an Engineering Report of: a. Existing site conditions, and b. a review of all site -related permit documents submitted by Allen Engineering and former City Engineer John Pekar for all site -related permitted construction performed at 304, 306, 314 and 316 Fillmore Avenue (approved plans, letters, and calculations). The purpose and scope of the report is intended to ensure that the original design, as revised, meets or exceeds all applicable City Codes related to site development, including but not limited to the onsite stormwater drainage system and its connection to the municipal stormwater drainage system. The report shall note any improvements which deviate from original plans and indicate whether such deviation complies with City Code or, if not, recommendations for modifications necessary to comply with City Code. Note: particular attention shall be given to a revision related to the municipal stormwater inlet in the driveway of 306 Fillmore Avenue, to which the onsite stormwater drainage system is connected. In the original plan, a new storm inlet was to be located to the east of the old (original) inlet, but the revision called for the old inlet to remain in its original location. A connecting pipe size was changed to accommodate. 3. Request plans and confirmation on a date for FPL to remove overhead lines and reinstall all lines underground, consistent with City Code. City of Cape Canaveral, Florida January 24, 2024 City Council Special Meeting Minutes Page 3 of 3 4. Utilizing the Engineering Report (above), exercise available remedies to gain compliance on identified City Code -related deficiencies; and report status updates to the City Council. 5. City Manager and City Attorney present any findings and or opportunities in a report to be distributed to the City Council on ways the City can improve our Community Development Department. Mayor Morrison recessed the Meeting at 4:55 p.m.; the Meeting reconvened at 5:07 p.m. Discussion ensued regarding the properties at 116, 118 and 120 Jackson Avenue and included Code Enforcement Staff efforts to populate the BS&A database with complete documentation, focusing on the most recent year and working backwards, upcoming finalization of a Code Enforcement Officer Handbook that will include a flowchart and standardized procedures, public access to BS&A and related training videos, training and certification requirements for Code Enforcement officers, building reports with BS&A and what may or may not be able to be included in such reports. Council reached Consensus to request the following, regarding the properties at 116,118 and 120 Jackson Avenue, as amended from Mayor Morrison's submitted item summary: 1. Provide a Report showing all actions and correspondence related to Code Enforcement at 114, 116, 118 and 120 Jackson Avenue for the period from January 1, 2016 through January 24, 2024. The Report shall include all records available, whether generated by the City's BS&A software system or any other record storage method employed by the City's Code Enforcement Department. 2. Create and distribute Administrative Procedures reviewed and approved by our City Attorney complying with FL State Law and City Code to be followed by our City Code Enforcement Officers. 3. For our City Code Enforcement employees, provide a listing of: a. Required certifications, training and ongoing continuing education, and b. Achieved certifications, training and ongoing continuing education. 4. Distribute a monthly BS&A report of all open Code Enforcement Cases and an annual report of closed Code Enforcement Cases. Include other important data provided by BS&A such as date created, status, and or any other information necessary to monitor. 5. Present any findings and or opportunities to be distributed to the City Council on ways the City can improve our Community Development Department as it relates to Code Enforcement. Mayor Morrison permitted Peg Schaller additional time to speak. Ms. Schaller asked Council to expand its scope of its request for Code Enforcement records back to 2016, detailed an open violation for sewage, alleged months and years of inaction on Code Enforcement complaints, claimed increases in insurance premiums and difficulties with acquiring and maintaining insurance policies for her business as a result of the City's actions and inactions, and questioned whether the City's Code Enforcement officers engaged in practices of retaliation and sexism. ADJOURNMENT:The Special Meeting was adjourned at 5:32 p.m. (Signature) Wes Morrison, Mayor (Signature), for Daniel LeFever, Deputy City Clerk SEAL OF CAPE CANAVERAL, FLORIDA Residential New Construction Permit I P21-0273 Attachment 2 Property Information 24-37-23-CG-53-10 304 FILLMORE AVE Cape Canaveral FL, 32920 Subdivision: Lot: Block: Name Information Owner: Occupant: Applicant: ABC Concrete Inc Contractor: ABC Concrete Inc Licensee: Andre Miguel Baez License Issued: 10/20/2020 License Expires: 08/31/2024 WITTEKIND ENTERPRISES INC; ABELES, RONALD; BABER E Phone: Phone: Phone: (321) 454-4240 Phone: (321) 454-4240 Phone: (321) 454-4240 Permit Information Date Issued: 03/09/2021 Work Description: NEW CONSTRUCTION -2 Story town homes Stipulations: Date Expires: 04/04/2023 Status: FINALED Final - Building Inspection I Michael German Status: Completed Scheduled: 10/06/2022 12:00 AM Comments: Scheduling Comment AM Result: Completed: Approved 10/06/2022 11:02 AM Final - Electrical Inspection I Michael German Status: Completed Result: Approved Scheduled: 10/06/2022 12:00 AM Completed: 10/06/2022 11:01 AM Conversion Comment No Conversion Comments Final - Mechanical Inspection I Michael German Status: Scheduled: Completed 10/06/2022 12:00 AM Conversion Comment No Conversion Comments Result: Approved Completed: 10/06/2022 11:01 AM Final - Plumbing Inspection I Michael German Status: Completed Scheduled: 10/06/2022 12:00 AM Conversion Comment No Conversion Comments Result: Approved Completed: 10/06/2022 11:02 AM Final - Building Inspection I JPI Status: Completed Scheduled: 09/30/2022 12:00 AM Comments: Scheduling Comment AM please Result: Completed: Disapproved 10/03/2022 10:59 AM 304 Fillmore Ave Building Final (NSFR) FAIL I identified the following reasons to Disapprove: 1. FBCR 318.5: condensate egress should point down, provide sufficient depth P trap. 2. FBCR M1411.8 Refrigerant valves must have locked refrigerant caps. 3. FBCP 305.1 "corrosion of pipes": copper and other metal pipe (e.g. hose bibs) must be isolated from stucco and other concrete (max thickness 0.010 inches, e.g. tape) 4. NEC 250.53(A)(2) 2nd ground electrode required min 6 ft apart. 5. FBCB 110.5 No access to indoor. No key in lock box. Pre -Power Inspection I Richard Mihalich Status: Completed Result: Approved Scheduled: 06/09/2022 12:00 AM Completed: 06/09/2022 10:43 AM Comments: Scheduling Comment Am inspection for all 4 buildings Inspection Notes Prepower Form Recieved 6-10-22 Inspection Completed On Site 6-9-22 Driveway/Walks Inspection Status: Completed Scheduled: 04/13/2022 Comments: INSPECTION LIMITS Michael German 12:00 AM Driveway Apron Result: Approved Completed: 04/13/2022 02:33 PM Sidewalk Driveway Inspection I Michael German Status: Completed Scheduled: 04/12/2022 12:00 AM Comments: Inspection Notes Result: Completed: Sidewalk Pre -Pour Approved, Need to See Apron Pre -Pour. Window & Door Bucks Inspection 1 Web Inspector Approved 04/12/2022 02:02 PM Status: Canceled Scheduled: 11/16/2021 12:00 AM Comments: Scheduling Comment Drywall screw inspection Drywall Screw Inspection I Michael German Result: Canceled Completed: 11/15/2021 02:03 PM Status: Completed Scheduled: 11/16/2021 12:00 AM Conversion Comment No Conversion Comments Insulation Inspection I Michael German Result: Approved Completed: 11/16/2021 01:49 PM Status: Completed Scheduled: 10/26/2021 12:00 AM Comments: Replace polyiso at plumbing installation areas. Foam voids around windows and doors. Result: Partially Approved Completed: 10/26/2021 11:26 AM STUCCO -LATH Inspection I Michael German Status: Completed Scheduled: 10/07/2021 12:00 AM Conversion Comment No Conversion Comments Sewer Connection Inspection I Richard Mihalich Status: Completed Scheduled: 09/22/2021 12:00 AM Comments: Scheduling Comment INSPECTION NOTES Result: Completed: Approved 10/07/2021 11:15 AM Sewer tap for entire structure Result: Approved Completed: 09/22/2021 09:35 AM UNDERGROUND EXTERIOR DRAIN PIPING FOR ALL FOUR UNITS Rough - Mechanical Inspection I Richard Mihalich Status: Completed Scheduled: 09/20/2021 12:00 AM Comments: AM PLEASE Rough - Electrical Inspection I Richard Mihalich Status: Scheduled: Completed 09/20/2021 12:00 AM Comments: Result: Completed: Result: Completed: Approved 09/20/2021 08:35 AM Approved 09/20/2021 08:34 AM AM PLEASE Rough - Plumbing Inspection I Richard Mihalich Status: Completed Result: Approved Scheduled: 09/20/2021 12:00 AM Completed: 09/20/2021 08:34 AM Comments: AM PLEASE Framing Inspection I Richard Mihalich Status: Completed Result: Approved Scheduled: 08/04/2021 12:00 AM Completed: 08/04/2021 09:22 AM Conversion Comment No Conversion Comments Framing Inspection I Michael German Status: Completed Scheduled: 07/27/2021 12:00 AM Comments: Scheduling Comment am 2ND FLOOR ROOF TRUSS INSPECTION ONLY Result: Approved Completed: 07/27/2021 02:47 PM Dry-In/Flashing Inspection I Richard Mihalich Status: Completed Scheduled: 07/23/2021 12:00 AM Comments: Scheduling Comment AM Result: Approved Completed: 07/23/2021 09:26 AM Framing Inspection I Michael German Status: Completed Scheduled: 07/22/2021 12:00 AM Comments: Scheduling Comment AM Result: Completed: Disapproved 07/22/2021 03:12 PM TRUSS PACKAGE NOT ON SITE, WINDOWS AND DOORS NOT INSTALLED Roof/Sidewall Sheating Inspection I Michael German Status: Completed Scheduled: 07/14/2021 12:00 AM Comments: Result: Approved Completed: 07/14/2021 02:33 PM AM PLEASE SOMEONE WILL BE AVAILABLE ON SITE FROM 8 AM TO NOON Roof/Sidewall Sheating Inspection I Richard Mihalich Status: Canceled Scheduled: 07/13/2021 12:00 AM Comments: Result: Completed: Canceled 07/13/2021 09:11 AM AM PLEASE NAILING AFFIDAVIT PLEASE PROVIDE A COMPLETED ROOF AND SHEATHING AFFIDAVIT FOR THIS INSPECTION Framing Inspection I Richard Mihalich Status: Completed Scheduled: 07/06/2021 12:00 AM Comments: Scheduling Comment Bottom Plate Tiedown Framing Inspection I Derek Yossifon Status: Completed Scheduled: 07/06/2021 12:00 AM Comments: Result: Completed: Result: Completed: Approved 07/06/2021 08:27 AM Approved 07/06/2021 12:21 PM Drywall screw IST LAYER OF FIREWALL AT THE TRUSSES Lintel Inspection I Richard Mihalich Status: Completed Scheduled: 06/18/2021 12:00 AM Comments: Scheduling Comment AM Result: Approved Completed: 06/18/2021 09:31 AM Lintel Inspection I Richard Mihalich Status: Completed Scheduled: 05/13/2021 12:00 AM Comments: AM PLEASE Result: Completed: Approved 05/13/2021 08:49 AM SOIL TREATMENT Inspection I Michael German Status: Completed Scheduled: 03/23/2021 12:00 AM Conversion Comment No Conversion Comments Result: Completed: Approved 03/23/2021 11:13 AM SLAB Inspection I Richard Mihalich Status: Completed Scheduled: 03/22/2021 12:00 AM Comments: INSPECTION LIMITS Result: Approved Completed: 03/22/2021 09:34 AM 1. NEED FORMBOARD SURVEY 2. NEED TERMITE TREATMENT CERTIFICATION 3. NEED COMPACTION RESULTS Rough - Plumbing Inspection I Richard Mihalich Status: Completed Scheduled: 03/10/2021 12:00 AM Comments: AM PLEASE Result: Approved Completed: 03/10/2021 10:03 AM Fee Information Standard Item Standard Item Standard Item Standard Item Standard Item Standard Item Impact State Surcharge Impact Impact Impact Impact Impact Standard Item Impact Standard Item Permit Valuation Fee Plan Review Income New - Electrical - Single Family New - Plumbing New - Mechanical - Residential Fire Plan Review Impact Fee - Concurrency Mngt. Fees 2.5 Percent Impact Fee - Fire/Rescue Impact Fee - General Government Impact Fee - Library Impact Fee - Police Impact Fee - Parks/Recreation Sewer Tap Inspection Impact Fee - Sewer Certificate Of Occupancy 175,000.00 943.50 175,000.00 471.75 1.00 110.00 2.50 175.00 1.00 85.00 37.50 37.50 1.00 100.00 1.00 45.01 74.39 74.39 1.00 105.71 1.00 80.03 1.00 128.29 1.00 151.55 1.00 25.00 1.00 1,348.80 1.00 50.00 Residential New Construction Permit I P21-0274 Property Information 24-37-23-CG-53-10 314 FILLMORE AVE Cape Canaveral FL, 32920 Name Information Owner: Occupant: Applicant: ABC Concrete Inc Contractor: ABC Concrete Inc Licensee: Andre Miguel Baez License Issued: 10/20/2020 License Expires: 08/31/2024 Subdivision: Lot: WITTEKIND ENTERPRISES INC; ABELES, RONALD; BABER E Phone: Phone: Phone: (321) 454-4240 Phone: (321) 454-4240 Phone: (321) 454-4240 Block: Permit Information Date Issued: 03/09/2021 Work Description: new construction -2 story town homes Stipulations: Date Expires: 01/10/2023 Status: FINALED Final - Building Inspection I Richard Mihalich Status: Completed Result: Approved Scheduled: 07/14/2022 12:00 AM Completed: 07/14/2022 03:03 PM Comments: Scheduling Comment AM Inspection Notes Items needed and discussed at meeeting: Power not on, cannot check electrical. Ron to advise when this is ready. Plumbing 95% complete. AC's not complete, need completed and started. Misc Finishes in units not complete (kithen and bath misc trims) Ron is to advise the bldg dept. when the systems are complete and functioning, so we can complete the inspections. Inspection Notes Conditional CO Issued Need to Correct 2nd Floor Bedroom Window Elevation. R310.2.2 Need to Submit As Built w/ Setback Dimensions. Pre -Power Inspection I Richard Mihalich Status: Completed Result: Approved Scheduled: 06/09/2022 12:00 AM Completed: 06/09/2022 10:43 AM Comments: Am inspection for all 4 buildings Inspection Notes Prepower Form Recieved 6-10-22 Inspection Completed On Site 6-9-22 Driveway/Walks Inspection I Michael German Status: Completed Result: Approved Scheduled: 04/13/2022 12:00 AM Completed: 04/13/2022 02:35 PM Comments: INSPECTION LIMITS Driveway Apron Sidewalk Driveway Inspection I Michael German Status: Completed Result: Approved Scheduled: 04/12/2022 12:00 AM Completed: 04/12/2022 02:05 PM Comments: Inspection Notes Sidewalk Pre -Pour Approved, Need to See Apron Pre -Pour. Insulation Inspection Web Inspector Status: Scheduled: 11/16/2021 12:00 AM Comments: Scheduling Comment Canceled Drywall screw inspection Drywall Screw Inspection I Michael German Result: Completed: Canceled 11/15/2021 02:04 PM Status: Completed Result: Approved Scheduled: 11/16/2021 12:00 AM Completed: 11/16/2021 01:50 PM Conversion Comment No Conversion Comments Insulation Inspection I Michael German Status: Completed Scheduled: 10/26/2021 12:00 AM Comments: Replace polyiso at plumbing installation areas. Foam voids around windows and doors. Result: Partially Approved Completed: 10/26/2021 11:27 AM Rough - Mechanical Inspection I Richard Mihalich Status: Completed Scheduled: 09/20/2021 12:00 AM Comments: AM PLEASE Result: Approved Completed: 09/20/2021 08:34 AM Rough - Electrical Inspection I Richard Mihalich Status: Completed Scheduled: 09/20/2021 12:00 AM Comments: AM PLEASE Rough - Plumbing Inspection I Richard Mihalich Status: Completed Scheduled: 09/20/2021 12:00 AM Comments: AM PLEASE Result: Approved Completed: 09/20/2021 08:34 AM Result: Completed: Approved 09/20/2021 08:34 AM Framing Inspection I Richard Mihalich Status: Scheduled: Completed 08/04/2021 12:00 AM Conversion Comment No Conversion Comments Framing Inspection I Michael German Status: Completed Scheduled: 07/27/2021 12:00 AM Comments: Scheduling Comment am Result: Approved Completed: 08/04/2021 09:21 AM 2ND FLOOR ROOF TRUSS INSPECTION ONLY Dry-In/Flashing Inspection I Richard Mihalich Status: Completed Scheduled: 07/23/2021 12:00 AM Comments: Scheduling Comment AM Result: Approved Completed: 07/27/2021 02:46 PM Result: Approved Completed: 07/23/2021 09:26 AM Framing Inspection I Michael German Completed 07/22/2021 12:00 AM Status: Scheduled: Result: Completed: Disapproved 07/22/2021 03:11 PM Comments: Scheduling Comment am TRUSS PACKAGE NOT ON SITE, WINDOWS AND DOORS NOT INSTALLED Roof/Sidewall Sheating Inspection I Michael German Status: Completed Scheduled: 07/14/2021 12:00 AM Comments: Result: Approved Completed: 07/14/2021 02:32 PM AM PLEASE. SOMEONE WILL BE ON SITE FROM 8 AM TO NOON Roof/Sidewall Sheating Inspection I Richard Mihalich Status: Canceled Scheduled: 07/13/2021 12:00 AM Comments: AM PLEASE Result: Completed: Canceled 07/13/2021 09:13 AM PROVIDE AN AFFIDAVIT PLEASE PROVIDE A COMPLETED ROOF AND SHEATHING AFFIDAVIT FOR THIS INSPECTION Framing Inspection I Richard Mihalich Status: Completed Scheduled: 07/06/2021 12:00 AM Comments: Scheduling Comment Bottom Plate Tiedown Result: Approved Completed: 07/06/2021 08:27 AM Framing Inspection I Derek Yossifon Status: Completed Scheduled: 07/06/2021 12:00 AM Comments: Drywall screw IST LAYER OF FIREWALL AT THE TRUSSES Result: Approved Completed: 07/06/2021 12:19 PM Lintel Inspection I Richard Mihalich Status: Completed Scheduled: 06/18/2021 12:00 AM Comments: Scheduling Comment AM Lintel Inspection I Richard Mihalich Status: Completed Scheduled: 05/13/2021 12:00 AM Comments: AM PLEASE SLAB Inspection I Richard Mihalich Result: Completed: Approved 06/18/2021 09:31 AM Result: Approved Completed: 05/13/2021 08:48 AM Status: Completed Scheduled: 03/22/2021 12:00 AM Comments: Scheduling Comment AM INSPECTION LIMITS Result: Completed: 1. NEED FORMBOARD SURVEY 2. NEED TERMITE TREATMENT CERTIFICATION 3. NEED COMPACTION RESULTS Approved 03/22/2021 09:34 AM Rough - Plumbing Inspection I Richard Mihalich Status: Completed Result: Approved Scheduled: 03/10/2021 12:00 AM Completed: 03/10/2021 10:03 AM Comments: AM PLEASE Fee Information Standard Item Standard Item Standard Item Standard Item Standard Item Standard Item Impact State Surcharge Impact Impact Impact Impact Impact Standard Item Impact Standard Item Permit Valuation Fee Plan Review Income New - Electrical - Single Family New - Mechanical - Residential New - Plumbing Fire Plan Review Impact Fee - Concurrency Mngt. Fees 2.5 Percent Impact Fee - Fire/Rescue Impact Fee - Library Impact Fee - General Government Impact Fee - Parks/Recreation Impact Fee - Police Sewer Tap Inspection Impact Fee - Sewer Certificate Of Occupancy 175,000.00 943.50 175,000.00 471.75 1.00 110.00 1.00 85.00 2.50 175.00 37.50 37.50 1.00 100.00 1.00 45.01 74.39 74.39 1.00 80.03 1.00 105.71 1.00 151.55 1.00 128.29 1.00 25.00 1.00 1,348.80 1.00 50.00 Building Permit I P20-1455 Property Information 24-37-23-CG-53-10 306 FILLMORE AVE Cape Canaveral FL, 32920 Name Information Owner: Occupant: Applicant: ABC Concrete Inc Contractor: ABC Concrete Inc Licensee: Andre Miguel Baez License Issued: 10/20/2020 License Expires: 08/31/2024 Subdivision: Lot: WITTEKIND ENTERPRISES INC; ABELES, RONALD; PARASM Phone: Phone: Phone: (321) 454-4240 Phone: (321) 454-4240 Phone: (321) 454-4240 Block: Permit Information Date Issued: 03/09/2021 Work Description: New construction 2 story town homes Stipulations: Date Expires: 04/04/2023 Status: FINALED Final - Building Inspection 1 Michael German Status: Completed Result: Approved Scheduled: 10/06/2022 12:00 AM Completed: 10/06/2022 11:12 AM Comments: Scheduling Comment AM Final - Electrical Inspection I Michael German Status: Completed Result: Approved Scheduled: 10/06/2022 12:00 AM Completed: 10/06/2022 11:11 AM Conversion Comment No Conversion Comments Final - Mechanical Inspection Michael German Status: Completed Scheduled: 10/06/2022 12:00 AM Conversion Comment No Conversion Comments Result: Approved Completed: 10/06/2022 11:11 AM Final - Plumbing Inspection I Michael German Status: Completed Scheduled: 10/06/2022 12:00 AM Conversion Comment No Conversion Comments Result: Completed: Approved 10/06/2022 11:11 AM Final - Building Inspection I JPI Status: Completed Scheduled: 09/30/2022 12:00 AM Comments: Scheduling Comment AM Result: Completed: Disapproved 10/03/2022 10:58 AM I identified the following reasons to Disapprove: 1.FBCB 107.3.1 seal all unused outdoor penetrations (e.g. old condensate etc) against pest intrusion OR properly terminate any outdoor piping. 2. FBCR 318.5: condensate egress should point down, provide sufficient depth P trap. 3. FBCR M1411.8 Refrigerant valves must have locked refrigerant caps. 4. FBCP 305.1 "corrosion of pipes": copper and other metal pipe (e.g. hose bibs) must be isolated from stucco and other concrete (max thickness 0.010 inches, e.g. tape) 5. NEC 250.53(A)(2) 2nd ground electrode required min 6 ft apart. 6. FBCB 107.3.1, FBCR 302.11 Seal AH duct to unconditioned attic. 7. FBCB 107.3.1 AC vent register missing. 8. NEC 362.48 dryer receptacle unfinished. Pre -Power Inspection I Richard Mihalich Status: Completed Scheduled: 06/09/2022 12:00 AM Comments: Am inspection for all 4 buildings Inspection Notes Prepower Form Recieved 6-10-22 Inspection Completed On Site 6-9-22 Result: Approved Completed: 06/09/2022 10:43 AM Driveway/Walks Inspection I Michael German Status: Completed Scheduled: 04/13/2022 12:00 AM Comments: INSPECTION LIMITS Driveway Apron Sidewalk Driveway Inspection I Michael German Status: Completed Scheduled: 04/12/2022 12:00 AM Comments: Result: Completed: Result: Completed: Inspection Notes Sidewalk Pre -Pour Approved, Need to See Apron Pre -Pour. Approved 04/13/2022 02:34 PM Approved 04/12/2022 02:04 PM Insulation Inspection I Web Inspector Status: Canceled Result: Canceled Scheduled: 11/16/2021 12:00 AM Completed: 11/15/2021 02:03 PM Comments: Scheduling Comment Drywall screw inspection Drywall screw Inspection I Michael German Status: Completed Scheduled: 11/16/2021 12:00 AM Conversion Comment No Conversion Comments Result: Approved Completed: 11/16/2021 01:49 PM Insulation Inspection I Michael German Status: Completed Scheduled: 10/26/2021 12:00 AM Comments: Replace polyiso at plumbing installation areas. Foam voids around windows and doors. Result: Completed: Partially Approved 10/26/2021 11:28 AM STUCCO -LATH Inspection I Michael German Status: Scheduled: Conversion Comment Completed 10/07/2021 12:00 AM No Conversion Comments Rough - Mechanical Inspection I Richard Mihalich Status: Completed Scheduled: 09/20/2021 12:00 AM Comments: AM PLEASE Result: Completed: Approved 10/07/2021 11:15 AM Result: Approved Completed: 09/20/2021 08:33 AM Rough - Electrical Inspection I Richard Mihalich Status: Scheduled: Completed 09/20/2021 12:00 AM Conversion Comment No Conversion Comments Rough - Plumbing Inspection I Richard Mihalich Status: Completed Scheduled: 09/20/2021 12:00 AM Result: Approved Completed: 09/20/2021 08:34 AM Result: Approved Completed: 09/20/2021 08:33 AM Conversion Comment No Conversion Comments Framing Inspection I Richard Mihalich Status: Completed Result: Approved Scheduled: 08/04/2021 12:00 AM Completed: 08/04/2021 09:22 AM Conversion Comment No Conversion Comments Framing Inspection I Michael German Status: Completed Result: Approved Scheduled: 07/27/2021 12:00 AM Completed: 07/27/2021 02:46 PM Comments: Scheduling Comment am 2ND FLOOR ROOF TRUSS INSPECTION ONLY Dry-In/Flashing Inspection I Richard Mihalich Status: Completed Result: Approved Scheduled: 07/23/2021 12:00 AM Completed: 07/23/2021 09:25 AM Comments: Scheduling Comment AM Framing Inspection I Michael German Status: Completed Result: Disapproved Scheduled: 07/22/2021 12:00 AM Completed: 07/22/2021 03:11 PM Comments: Scheduling Comment AM TRUSS PACKAGE NOT ON SITE, WINDOWS AND DOORS NOT INSTALLED Roof/Sidewall Sheating Inspection I Michael German Status: Completed Result: Approved Scheduled: 07/14/2021 12:00 AM Completed: 07/14/2021 02:33 PM Comments: AM PLEASE. SOMEONE WILL BE AVAILABLE ON SITE FROM 8 AM TO NOON Roof/Sidewall Sheating Inspection I Richard Mihalich Status: Canceled Scheduled: 07/13/2021 12:00 AM Comments: Result: Canceled Completed: 07/13/2021 09:13 AM AM PLEASE PROVID AN AFFIDAVIT PLEASE PROVIDE A COMPLETED ROOF AND SHEATHING AFFIDAVIT FOR THIS INSPECTION Framing Inspection I Richard Mihalich Status: Completed Scheduled: 07/06/2021 12:00 AM Comments: Scheduling Comment Bottom Plate Tiedown Framing Inspection I Derek Yossifon Status: Completed Scheduled: 07/06/2021 12:00 AM Comments: Drywall screw Result: Approved Completed: 07/06/2021 08:27 AM IST LAYER OF FIREWALL AT THE TRUSSES Result: Approved Completed: 07/06/2021 12:21 PM Lintel Inspection I Richard Mihalich Status: Completed Scheduled: 06/18/2021 12:00 AM Comments: Result: Approved Completed: 06/18/2021 09:31 AM Scheduling Comment AM please Lintel Inspection I Richard Mihalich Status: Completed Scheduled: 05/13/2021 12:00 AM Comments: AM PLEASE SOIL TREATMENT Inspection I Michael German Status: Completed Scheduled: 03/23/2021 12:00 AM Conversion Comment No Conversion Comments Result: Approved Completed: 05/13/2021 08:50 AM Result: Approved Completed: 03/23/2021 11:15 AM SLAB Inspection I Richard Mihalich Status: Completed Scheduled: 03/22/2021 12:00 AM Comments: INSPECTION LIMITS Result: Approved Completed: 03/22/2021 09:33 AM 1. NEED FORMBOARD SURVEY 2. NEED TERMITE TREATMENT CERTIFICATION 3. NEED COMPACTION RESULTS Rough - Plumbing Inspection I Richard Mihalich Status: Scheduled: Completed 03/10/2021 12:00 AM Comments: AM PLEASE Result: Approved Completed: 03/10/2021 10:04 AM Fee Information Standard Item Standard Item Standard Item Standard Item Standard Item Standard Item Impact State Surcharge Impact Impact Impact Impact Impact Impact Standard Item Standard Item Permit Valuation Fee Plan Review Income New - Electrical - Single Family New - Plumbing New - Mechanical - Residential Fire Plan Review Impact Fee - Concurrency Mngt. Fees 2.5 Percent Impact Fee - Fire/Rescue Impact Fee - General Government Impact Fee - Library Impact Fee - Parks/Recreation Impact Fee - Police Impact Fee - Sewer Sewer Tap Inspection Certificate Of Occupancy 175,000.00 943.50 175,000.00 471.75 1.00 110.00 2.50 175.00 1.00 85.00 37.50 37.50 1.00 100.00 1.00 45.01 74.39 74.39 105.71 105.71 80.03 80.03 151.55 151.55 128.29 128.29 1,348.80 1,348.80 1.00 25.00 1.00 50.00 Residential New Construction Permit P21-0275 Property Information 24-37-23-CG-53-10 316 FILLMORE AVE Cape Canaveral FL, 32920 Name Information Owner: Occupant: Applicant: Contractor: Licensee: License Issued: License Expires: WITTENKIND ENTERPRISES INC; ABELES, RONALD; BABER E Phone: ABC Concrete Inc ABC Concrete Inc Andre Miguel Baez 10/20/2020 08/31/2024 Phone: Phone: Phone: Phone: (321) 454-4240 (321) 454-4240 (321) 454-4240 Permit Information Date Issued: 03/09/2021 Work Description: NEW CONSTRUCTION - 2 story town homes Stipulations: Date Expires: 01/10/2023 Status: FINALED Final - Building Inspection I Michael German Status: Completed Scheduled: 07/14/2022 12:00 AM Result: Approved Completed: 07/14/2022 04:39 PM Comments: Scheduling Comment AM Inspection Notes Items needed and discussed at meeeting: Power not on, cannot check electrical. Ron to advise when this is ready. Plumbing 95% complete. AC's not complete, need completed and started. Misc Finishes in units not complete (kithen and bath misc trims) Ron is to advise the bldg dept. when the systems are complete and functioning, so we can complete the inspections. Inspection Notes Conditional CO Issued Need to Correct 2nd Floor Bedroom Window Elevation. R310.2.2 Need to Submit As Built w/ Setback Dimensions. Pre -Power Inspection I Richard Mihalich Status: Completed Scheduled: 06/09/2022 12:00 AM Result: Approved Completed: 06/09/2022 10:43 AM Comments: Am inspection for all 4 buildings Inspection Notes Prepower Form Recieved 6-10-22 Inspection Completed On Site 6-9-22 Driveway/Walks Inspection I Michael German Status: Completed Scheduled: 04/13/2022 12:00 AM Result: Approved Completed: 04/13/2022 02:36 PM Comments: INSPECTION LIMITS Driveway Apron Sidewalk Driveway Inspection I Michael German Status: Completed Scheduled: 04/12/2022 12:00 AM Result: Approved Completed: 04/12/2022 02:07 PM Comments: Inspection Notes: Sidewalk Pre -Pour Approved, Need to See Apron Pre -Pour. Insulation Inspection I Web Inspector Status: Canceled Result: Canceled Scheduled: 11/16/2021 12:00 AM Completed: 11/15/2021 02:05 PM Comments: Scheduling Comment Drywall screw inspection Drywall Screw Inspection I Michael German Status: Completed Scheduled: 11/16/2021 12:00 AM Conversion Comment No Conversion Comments Result: Approved Completed: 11/16/2021 01:49 PM Insulation Inspection I Michael German Status: Completed Scheduled: 10/26/2021 12:00 AM Comments: Replace polyiso at plumbing installation areas. Foam voids around windows and doors. Result: Partially Approved Completed: 10/26/2021 11:26 AM Rough - Mechanical Inspection I Richard Mihalich Status: Completed Scheduled: 09/20/2021 12:00 AM Comments: AM PLEASE Result: Approved Completed: 09/20/2021 08:33 AM Rough - Electrical Inspection I Richard Mihalich Status: Completed Scheduled: 09/20/2021 12:00 AM Conversion Comment No Conversion Comments Result: Approved Completed: 09/20/2021 08:33 AM Rough - Plumbing Inspection I Richard Mihalich Status: Completed Scheduled: 09/20/2021 12:00 AM Conversion Comment No Conversion Comments Result: Approved Completed: 09/20/2021 08:33 AM Framing Inspection I Richard Mihalich Status: Completed Result: Approved Scheduled: 08/04/2021 12:00 AM Completed: 08/04/2021 09:22 AM Conversion Comment No Conversion Comments Framing Inspection I Michael German Status: Completed Scheduled: 07/27/2021 12:00 AM Comments: Scheduling Comment am 2ND FLOOR ROOF TRUSS INSPECTION ONLY Result: Approved Completed: 07/27/2021 02:47 PM Dry-In/Flashing Inspection I Richard Mihalich Status: Scheduled: Completed 07/23/2021 12:00 AM Comments: Scheduling Comment AM Result: Approved Completed: 07/23/2021 09:26 AM Framing Inspection I Michael German Status: Completed Scheduled: 07/22/2021 12:00 AM Comments: Scheduling Comment AM Result: Disapproved Completed: 07/22/2021 03:12 PM TRUSS PACKAGE NOT ON SITE, WINDOWS AND DOORS NOT INSTALLED Roof/Sidewall Sheating Inspection I Michael German Status: Completed Scheduled: 07/14/2021 12:00 AM Comments: Result: Completed: Approved 07/14/2021 02:32 PM AM PLEASE. SOMEONE WILL BE AVAILABLE ON SITE FROM 8 AM TO NOON Roof/Sidewall Sheating Inspection I Richard Mihalich Status: Canceled Scheduled: 07/13/2021 12:00 AM Comments: AM PLEASE Result: Canceled Completed: 07/13/2021 09:12 AM PRIVIDE AN AFFIDAVIT PLEASE PROVIDE A COMPLETED ROOF AND SHEATHING AFFIDAVIT FOR THIS INSPECTION Framing Inspection I Richard Mihalich Status: Completed Result: Approved Scheduled: 07/06/2021 12:00 AM Completed: 07/06/2021 08:27 AM Comments: Scheduling Comment Bottom Plate Tiedown Framing Inspection I Derek Yossifon Status: Completed Result: Approved Scheduled: 07/06/2021 12:00 AM Completed: 07/06/2021 12:20 PM Comments: Drywall screw IST LAYER OF FIREWALL AT THE TRUSSES Lintel Inspection I Richard Mihalich Status: Completed Result: Approved Scheduled: 06/18/2021 12:00 AM Completed: 06/18/2021 09:31 AM Comments: Scheduling Comment am Lintel Inspection I Richard Mihalich Status: Completed Result: Approved Scheduled: 05/13/2021 12:00 AM Completed: 05/13/2021 08:49 AM Comments: AM PLEASE SLAB Inspection I Richard Mihalich Status: Scheduled: Completed 03/22/2021 12:00 AM Result: Approved Completed: 03/22/2021 09:33 AM Comments: INSPECTION LIMITS 1. NEED FORMBOARD SURVEY 2. NEED TERMITE TREATMENT CERTIFICATION 3. NEED COMPACTION RESULTS Rough - Plumbing Inspection 1 Richard Mihalich Status: Completed Scheduled: 03/10/2021 12:00 AM Comments: AM PLEASE Result: Completed: Approved 03/10/2021 10:04 AM Fee Information Standard Item Standard Item Standard Item Permit Valuation Fee Plan Review Income New - Electrical - Single Family 175,000.00 175,000.00 1.00 943.50 471.75 110.00 Standard Item Standard Item Standard Item Impact State Surcharge Impact Impact Impact Impact Impact Impact Standard Item Standard Item New - Plumbing New - Mechanical - Residential Fire Plan Review Impact Fee - Concurrency Mngt. Fees 2.5 Percent Impact Fee - Fire/Rescue Impact Fee - Library Impact Fee - General Government Impact Fee - Parks/Recreation Impact Fee - Police Impact Fee - Sewer Sewer Tap Inspection Certificate Of Occupancy 2.50 1.00 37.50 1.00 1.00 74.39 1.00 1.00 1.00 1.00 1.00 1.00 1.00 175.00 85.00 37.50 100.00 45.01 74.39 80.03 105.71 151.55 128.29 1,348.80 25.00 50.00 Attachment 3 Kimley>» Horn February 15, 2024 Mr. Todd Morley City Manager City of Cape Canaveral 100 Polk Avenue Cape Canaveral, FL 32920 Re: Fillmore Avenue Duplex Site Review — Cape Canaveral, FL Proposal for Civil Engineering Services Dear Mr. Morley: Kimley-Horn and Associates, Inc. ("Kimley-Horn" or "the Consultant") is pleased to submit this proposal to The City of Cape Canaveral ("the Client" or "the City") for providing professional services related for the Fillmore Avenue Duplex Site Review ("Project") in accordance with the terms of the Master Signed Agreement between the City of Cape Canaveral and Kimley-Horn dated July 31, 2023. PROJECT UNDERSTANDING It is our understanding that the City has been notified of potential drainage infrastructure and site work not constructed per the approved plans for a residential site off Fillmore Avenue. It is also our understanding that a Certificate of Occupancy has been issued for the residential units. It is understood that the existing site is currently under construction within the drainage swale due to the relocation of overhead power and that there may be conflicts to the swale due to the construction. It is understood that the swale will be regraded once the work is complete. The Client has requested that the Consultant perform a site visit to include the observation of the existing drainage system, review project documents uploaded to BS&A ("the Client's E-permitting Portal"), compare the site plan regarding the grading and drainage as-builts (with the understanding they will be superseded) compared to the original approved plans and Client's current code standards. Following the review, Kimley-Horn is to prepare a memorandum summarizing the findings and recommendations. The Project consists of 2-duplexes totaling 4 units and associated infrastructure. The Project is located approximately 1,000 feet east of A1A along Fillmore Avenue. The parcel numbers are as follows: 24-37-23-67-*-1 24-37-23-67 *-2 24-37-23-67*-3 24-37-23-67-*-4 Based upon this understanding, our proposed Scope of Services, Schedule, and Fee are as follows: Kimley-horn.com 7341 Office Park Place, Suite 102, Melbourne, FL 32940 321 430 1138 Kimley»> Horn Page 2 SCOPE OF SERVICES TASK 1.0 — SITE VISIT The Consultant will meet with the Client's representatives onsite to conduct a site visit of the project. The Consultant will visually observe the current conditions to include the drainage system with the intended design associated with the original approved plans. The Consultant will notify the Client prior to the site visit so that the Client can notify the homeowners. TASK 2.0 — PROJECT DOCUMENT REVIEW The Consultant will review applicable project documents uploaded to BS&A, including approved construction plans, as -built surveys, drainage design report (if available), comment letters or project correspondence with City staff, and approved modification and/or waiver requests. The consultant will compare the site grading and drainage as-builts with the original approved plans and City's current code standards. TASK 3.0 — MEMORANDUM The Consultant will provide a memorandum to the Client summarizing the findings of the tasks performed above. If there are deviations found in the field or in the as-builts, the Consultant will provide recommendations to the City based upon current City code, and a comparison with plans submitted by Allen Engineering. Civil construction plan modifications are not included within this scope. ADDITIONAL SERVICES Any services not specifically provided for in the above scope will be billed as additional services and performed at our then current hourly rates. Additional services we can provide include, but are not limited to, the following: • Survey and geotechnical data collection • Temporary Traffic Control Plans ("TTCP") • Civil Construction Plan Modifications • Construction Phase Services • Drainage Design and Permitting • Public Meetings • Additional meetings or site visits not outlined within the scope of services. INFORMATION PROVIDED BY CLIENT Kimley-Horn will rely upon the accuracy and completeness of all documents, surveys, reports, plans and specifications provided by the Client, the Client's consultants or by others for whom Kimley-Horn is not legally responsible. The Client acknowledges that verifying the accuracy and completeness of such items is not part of the Kimley-Horn's scope of services. The following information will be provided by the Client: • Access to the site • Project Documents uploaded to BS&A Kimley-horn.com 7341 Office Park Place, Suite 102, Melbourne, FL 32940 321 430 1138 Kimley>» Horn Page 3 SCHEDULE Kimley-Horn will provide services as expeditiously as possible to meet a mutually -agreed -upon schedule. FEE AND BILLING Kimley-Horn will perform the services in Task 1 through Task 3 for the lump sum fee of $7,250. In addition to the lump sum fee, direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses will be billed at 1.15 times cost. All permitting, application, and similar project fees will be paid directly by the Client. Task 1.0 2.0 3.0 Description Fee SITE VISIT PROJECT DOCUMENT REVIEW MEMORANDUM $1,000 $3,500 $2,750 Total Lump Sum Labor Fee $7,250 kimley-horn.com 7341 Office Park Place, Suite 102, Melbourne, FL 32940 321 430 1138 Kimley»> Horn Page 4 CLOSURE Kimley-Horn, in an effort to expedite invoices and reduce paper waste, submits invoices via email in an Adobe PDF format. We can also provide a paper copy via regular mail if requested. Please include the invoice number and Kimley-Horn project number with all payments. Please provide the following information: X Please email all invoices to invoicese city of cape canaveral.org ✓ Please copy d.dickey@cityifcapecanaveral.org If you concur in all the foregoing and wish to direct us to proceed with the services, please issue the appropriate work authorization under our Continuing Consultant Contract, dated July 31, 2023. We appreciate the opportunity to provide these services to you. Please contact me if you have any questions. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. (Signature) Tucker Hunter, P.E. Project Manager Agreed to on this 20th day of Feb. , 2024 CITY OF CAPE CANAVERAL SIGNED: PRINTED NAME: Todd Morley TITLE: City Manage (Signature) Kinan Husainy, P.E. Vice President kimley-horn.com 7341 Office Park Place, Suite 102, Melbourne, FL 32940 321 430 1138 Attachment 4 The following report includes a chronology of Cape Canaveral Code Enforcement activity related to 116/118/120 Jackson Avenue between the dates of February 11, 2022 and February 7, 2024. Records prior to February 11, 2022 are not available. 2/11/2022 Spoke with the owner of the thrift shop and informed him of complaint. Staff pointed out the violation of blocking the sidewalk with the umbrella and chairs. He will raise the height of the umbrellas so people can walk through unobstructed. The chairs are not in violation since there is five feet in front of the chairs they sit in to allow for unobstructed pathway in front of his store. No extension cords were observed and the thrift store owner says he is not open at night to need lights. While on site the thrift owner and the resident upstairs complained that the bar owner is taking all the parking spots up and parking at other locations. Staff counted 15 total parking spaces and three are allocated to the thrift store leaving 12 for the bar. A check of the number of seats in the outside area revealed approximately 90 seats plus whatever is inside the bar. 2/16/2022 Another complaint came in that the thrift store owner is blocking the sidewalk with a chair he is sitting in. A site visit found the thrift store owner and a friend sitting in chairs at the end of the sidewalk in the white stripped no parking area, not blocking the sidewalk. No violation observed at this time. 3/9/2022 — Senior Code Officer met with the owner of Ellie Mea's to address her concerns. Each code concern was discussed and the owner was informed that all code violations on the property will be addressed through code enforcement, during the site visit. 3/22/2022 - Staff received a complaint concerning the Christmas lights hanging from the thrift store. Staff has been informed that the lights need to be approve by the appearance board if they are going to be permanent, otherwise they need to be taken down daily and made temporary. Staff spoke with the thrift store owner and informed him of the issue. He advised he will remove the lights. During this discussion he asked why nothing is being down about the parking and overcrowding at the bar. Staff informed him we are working on it. Staff looked further into the parking issue and found that Ellie Mays Tiki Bar BTR states there are 198 seats at the establishment. This requires the bar to have a minimum of 66 parking spaces. The establishment also only has 1 men's and 1 women's bathroom and code requires a bathroom for every 40 customers, this requires an additional 2 men's and 2 women's bathrooms. 12/13/22 - Staff received a call from the property owner, Shane Reynolds, about issues he is having with his tenant Peggy Schaller. He advised that she is trying to take over the property and not allow his other tenant any parking spaces for his business. She is now suing him for not providing enough parking spaces to operate her bar. Staff advised Shane that when Peggy purchased the bar the seating was in compliance with code based on the number of seats the establishment had. Peggy enlarged the bars capacity with outside seating without the City's knowledge or approval. The property is unable to accommodate parking for the new capacity. The City is currently discussing options on this issue. Shane then said Peggy has told him she will not be paying her rent and has made comments that she will be taking his property. 5-18-23 - Staff received a complaint from Peg Schaller that individuals are living in the garages on the property. The Sheriff's Office spoke with staff a few days ago about them kicking people out living in the detached garage. Staff conducted a site visit and placed caution tape blocking the entrance. The Sheriff's Office spoke with staff a few days ago about people living in the detached garage. They advised they kicked her out again, but she will return. They cannot arrest her unless the property owner signs an affidavit authorizing individuals trespassing to be arrested. The individual is the niece of Shane Reynolds. 5/24/23 - Conducted a site visit, but unable to confirm living in the garages. Unable to reach property owner. 12/5/22 — Deputy Director/Code Manager was forwarded an email requesting the disposition of complaints brought up during a site visit with the CED Director, Below is the disposition of those complaints. • The adjacent property at 7802 Atlantic Ave resurfacing, restriping, and laying on new asphalt over an area that was previously dirt without a permit or the need for a water mitigation to prevent additional strain on our storm water system. Their new asphalt is not level and water runs onto our property during heavy rains. The asphalt also has encroached over the property lines and is covering our blue handicap striping. They have a new parking space that once a car is parked in, the front or rear bumper of the car encroaches on our handicap parking space. • Staff already had an open case on this: • 2/15/2022 Staff observed almost the entire parking lot being paved. Staff spoke with Vincent Keenan and informed him a permit is required. He advised that a company from Georgia had some left over asphalt and gave him a good deal to patch the parking lot. Staff informed him its more than just a patch job, they did about 75% of the parking lot. He said he would go ahead and get a permit. • 1/23/2023 A courtesy letter was sent to the owner to obtain a permit. • 6/12/2023 Peg Schaller contacted staff inquiring about the paved parking lot because they just stripped it. A search of the database found the paving permit application was denied for being owner builder and not a licensed contractor. Vincent Keenan never found a contractor to complete the permit process. • 6/12/2023 Staff reached out to Vincent and inquired about the permit. He said he thought it was good because it was just a patch job. Staff again informed him that it is more than that and it needs a permit submitted by a contractor. He said he would take care of it. • Later that same day staff received a call from a roofing company asking if they were able to obtain the paving permit for the parking lot. Staff informed them they need a license for that particular work, that a roofing license does not cover it. They said they would relay that to Mr. Keenan. • 8/9/2023 a permit was issued and on 08/9/2023 a final inspection was conducted, passed and the permit was finaled. • 12/14/2023 Staff was made aware that a portion of the parking area was never previously paved when the permit was obtained and finaled. This newly paved area would have required St Johns River Water Management approval and an engineer to evaluate for water runoff. Kimley Horn conducted a site visit along with staff and the property owner. Kimley Horn listed the following: • Landowner is going to follow up with his contractor to see if a SJRWMD permit was obtained. • If a permit was not obtained, the Landowner should coordinate with SJRWMD to obtain a permit for the parking lot expansion. I've attached and highlighted applicable code sections from SJRWMD Permit Information Manual and F.A.C that the modification may require a permit. • The application can be verified by using the following link http://webapub.sjrwmd.com/agws10/sjrwmdpermit/ • If SJRWMD determines the modification does not require a permit, then at that time we can provide a recommendation on how to proceed such as installing pervious pavement, dry retention, or other stormwater BMPs. • 1/23/2024 A courtesy letter was sent with the St Johns River recommendations. • 2/26/2024 The courtesy letter was returned as unclaimed. • 2/27/2024 Courtesy Notice was hand delivered to the property owner. Property owner was given ten days and a reinspection was scheduled for 3/8/2024. - The trailer across the street(behind Circle K) is still in a partial demolition state and is not only a huge eye sore but a haven for rodents. Staff contacted the property owner and informed him he needed to remove the dilapidated trailer and it required a permit to do so. 6/14/2023 a demo permit was issued, The permit was finaled on 1/30/2024. - The garage attached to 118 Jackson Ave has not been cleaned or secured. Staff conducted a site visit and observed trash and debris in the rear of the property. Staff also observed the garage door was open however was not viewable from the ROW. Staff made contact with the property owner who stated he would have the area cleaned. Staff conducted a site visit the following week and observed the area in question had been cleaned. Staff also placed more caution tape around the stairs entrance to warn individuals not to enter. The property owner has boarded the garage entrance and the area has been cleaned in accordance with the Magistrates Order. The upstairs address at 120 AB have been condemned for safety due to a hole in the ceiling and no power, but there is nothing blocking access to it, so people are coming and going from up there all hours of the night. CE Staff has regularly visited the site along with BCSO and placed caution tape blocking the entrance. BCSO has also removed individuals. The stairs have been boarded up in accordance with staff's recommendation and the Magistrates Order. - During a magistrate hearing concerning the fire damage to this property Peg Schaller complained that homeless are living in a side lean-to storage room along the outside garages. She also said the second attached store room garage door is broken and the Thrift Store is plugging in extension cords for power because the fire damaged the electrical system. • 1/24/2024 Staff conducted a site visit with Fire Inspector Jeff Roberts to look at the extension cord complaint. Staff observed an exterior outlet with a plastic weatherproof covering along the wall next to the boarded -up garage. There were two extension cords coming out and then through a hole in the boarded -up garage to run a couple of lights for the Thrift Store. The Thrift Store owner, Cowboy, said the fire damaged his electrical box and he has no power. Jeff Roberts explained that extension cords are a temporary usage and can only be used for 90 days. Cowboy then complained about the Tiki Bar running extension cords all throughout the back area to run lights and other things back there. Staff did not enter that area of the restaurant at this time. Staff informed Cowboy that his electrical needs to be fixed or he cannot open his store to the public. • Staff then looked at the second garage in the complaint and found the door had been removed essentially creating a covered lanai in the rear of the Thrift Store. There is a door in the back of the garage that is kept locked when the business is closed. There is no violation with this garage unit. • The third issue of individuals living in the lean-to was looked at. There is a six foot gate going across the front and a six foot fence in rear of the roof coming off the side of the separate garage bays. The gate has a lock on it and no one was present inside. Inside was random items stored but nothing to indicate this is being used to live in. • 1/25/2024 Staff conducted a follow up visit to see if anyone was living in the lean-to, but no one was there and the gate was still locked. The interior looked undisturbed from what I observed the day before. I spoke with Cowboy who informed me he and the property owner discussed the electrical issue and Beach Electric is coming out to see what they can do about getting electrical restored. - 2/7/2024 Met with the Peg Schaller regarding the extension cord complaint that was filed against Ellie Mea's. The Fire Inspector did not find any violations at this time. Attachment 5 The following report includes a listing of required certifications, training and ongoing continuing education for Cape Canaveral code enforcement officers. In addition, achieved certifications, training and ongoing continuing education attained by the City's code enforcement officers is also provided. Code Enforcement Officer Certification: A Code Enforcement Officer is required to complete the Florida Association of Code Enforcement (FACE) Level 1 (Fundamentals of Code Enforcement) within a year of being hired. To remain certified a Code Officer must complete 16 hours of continuing education classes during every two-year recertification period. FACE provides four levels of certification, Level 1 Fundamentals of Code Enforcement, Level 2 Administrative Aspects of Code Enforcement, Level 3 Legal Issues in Code Enforcement and Level 4 Officer Safety and Field Applications. After you obtain all FACE certification levels you can apply to become a Code Enforcement Professional (CEP). The Florida Association of Code Enforcement offers a Certificate as a Code Enforcement Professional (CEP), which is the highest level of certification that can be achieved. To become certified as a CEP, you must meet the minimum qualifications and successfully complete a Legal Issues Paper. Currently the City of Cape Canaveral has two certified Code Enforcement Officers and one non -certified Code Officer assigned to the code enforcement division. Below is their certifications. Brian Palmer CED Deputy Director/Code Enforcement Manager: - FACE Levels 1, 2, 3 & 4 - Manager's Role in Code Enforcement - Supervisory Skills - Case Development - Report Writing - Media Relations - Records Management - Employment Laws - Performance Management - Stress Management - Time Management - Public Speaking - Principles and Best Practices of Code Enforcement - Property Research and Ownership - Legal Aspects of Code Enforcement - Ethics - Verbal Communication - Special lssues - Code Enforcement Board - Code Enforcement Magistrate - Evidentiary Issues - Local Government Ordinances - Legal Options - Testifying and Demeanor - Conflict Resolution - Presence and Stance - Dealing with Persons with Special Concerns - Defensive Tactics - Hazardous Materials/Situations and Incident Command - Officer Survival Considerations - Substance Abuse - Parking Enforcement - Stormwater - OSHA - Sea Turtle Lighting - Diversity - Business Writing Chris Robinson Code Enforcement Officer: - FACE Levels 1, 2 & 3 - Case Development - Report Writing - Media Relations - Records Management - Employment Laws - Stress Management - Time Management - Public Speaking - Principles and Best Practices of Code Enforcement - Property Research and Ownership - Legal Aspects of Code Enforcement - Ethics - Verbal Communication - Special Issues - Code Enforcement Board - Code Enforcement Magistrate - Evidentiary Issues - Local Government Ordinances - Legal Options - Testifying and Demeanor - Substance Abuse - Parking Enforcement - Stormwater - OSHA - Sea Turtle Lighting - Diversity Jerrol Coats Code Enforcement Officer will be attending FACE Level 1 this fall.