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CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA September 17, 2024 6:00 P.M. Please email public comments before noon to: cityclerk@capecanaveral.gov 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. - 6:20 p.m. Presentation by Brevard Homeless Coalition Executive Director Amber Carroll. Presentation of the Florida League of Cities University Gold Certificate of Excellence to Council Member Don Willis. PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the City Council excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens will limit their comments to three (3) minutes. The City Council will not take any action under the "Public Participation" section of the agenda. The Council may schedule items not on the agenda as regular items and act upon them in the future. CONSENT AGENDA 1 6:35 p.m. — 6:40 p.m. 1. Approve Minutes for the August 12, 2024 Budget Workshop Meeting. 2. Approve Minutes for the August 20, 2024 Regular Meeting. 3. Approve Minutes for the September 3, 2024 Special Meeting. 4. Resolution No. 2024-10; authorizing an addendum to the Agreement for Municipal Law Enforcement Services between the City of Cape Canaveral, Florida and Wayne Ivey, as Sheriff of Brevard County, Florida; providing for the repeal of prior, inconsistent resolutions, severability and an effective date. 5. Resolution No. 2024-11; authorizing an addendum to the Contract for Fire Protection and Emergency Medical Services between the City of Cape Canaveral, Florida and the Cape Canaveral Volunteer Fire Department, Inc.; providing for the repeal of prior inconsistent resolutions, severability and an effective date. 6. Resolution No. 2024-12; reappointing a member to the Board of Adjustment; appointing and reappointing members, and appointing a first alternate 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. (Stephen Slaton, Brad Pervell, Tina Freeman, Virginia Scott, and James Stobie) City of Cape Canaveral, Florida City Council Regular Meeting • September 17, 2024 Agenda • Page 2 of 2 7. Approve Mutual Aid Agreement between the 45th Space Wing and the City of Cape Canaveral, for fire protection and hazardous materials incident response and authorize the City Manager to execute same. 8. Approve the Seventeenth Addendum to Professional Services Agreement for Fertilization, Insect, Disease, Weed Control, and Pest Control Services in the amount of $64,688.47 with Black's Spray Service, Inc. and authorize the City Manager to execute the same. 9. Approve the Fifth Addendum to Professional Services Agreement for Mowing and Landscaping Services in the amount of $309,870.25 with U.S. Lawns of Brevard (dba Micnor Corporation) and authorize City Manager to execute same. 10. Approve FY 2023/24 City Budget expenditure of a total amount not to exceed $76,900 to Kimley-Horn and Associates, Inc., for engineering/design costs associated with the Presidential Streets improvements for stormwater remediation outside the CRA boundary. PUBLIC HEARINGS 1 6:40 p.m. — 7:00 p.m. 11. Resolution No. 2024-13; adopting a Final Millage rate for the levy of Ad Valorem Taxes for Fiscal Year 2024/2025 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida; providing for an effective date. 12. Ordinance No. 19-2024; adopting the Annual General Fund, Wastewater Enterprise Fund, Stormwater Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds, Capital Project Funds and Agency Fund Budgets for the Fiscal Year beginning October 1, 2024, and ending September 30, 2025; providing for an effective date, second reading. ITEMS FOR ACTION 1 7:00 p.m. — 7:10 p.m. 13. Provide direction to Staff regarding proceeding with awarding bid from Atlantic Development of Cocoa, Inc. for Oak Lane Improvements in the amount of $806,571.50. 14. Consider designating a City Staff member to work with the Brevard Homeless Coalition's House Bill 1365 Advisory Council. ITEM FOR DISCUSSION 1 7:10 p.m. — 7:20 p.m. 15. Update to the January 24, 2024 Special Council Meeting. REPORTS 1 7:20 p.m. — 7:30 p.m. INFORMATIONAL I Item presented for informational purposes only; no action to be taken. 16. Monthly Financial Report —July 2024. 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 • SEPTEMBER 17, 2024 AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS Subject: Presentation by Brevard Homeless Coalition Executive Director Amber Carroll. Department: City Clerk's Office Summary: The Brevard Homeless Coalition (BHC) serves as the Administrative Lead Agency for Brevard County's homeless Continuum of Care (CoC), a planning body comprised of direct homeless service providers, governmental agencies, healthcare systems, non -profits, law enforcement, local businesses, concerned citizens, and others. As the Administrative Lead Agency, BHC provides oversight and implementation of the CoC's strategic plan, serves as the collaborative applicant for federal and state homeless services funding on behalf of the community, submits key annual reports to Housing and Urban Development, and oversees the Homeless Management Information System (HMIS). The CoC planning body is governed by its own elected officials, the CoC Advisory Council. The Advisory Council is delegated representation of the larger CoC body and has the authority to create committees and workgroups to execute its goals.The Advisory Council has formed a workgroup, comprised of a representative from the Brevard County Sheriff's Office and Staff from the Cities and Brevard County receiving HUD funding who currently sit on the Advisory Council, to address House Bill (HB) 1365. Per BHC, HB 1365 represents an opportunity for city and county governments to collaborate on creating sustainable solutions for the growing unsheltered homeless population in order to avoid potentially expensive lawsuits. The goal of BHC's presentation to the Council is to: 1) provide an overview on HB 1365, 2) request the designation of a City Staff member(s) to work with the Advisory Council's HB 1365 workgroup with the goal of bringing recommendations/ideas/strategies back to the Council at an October meeting, and 3) address any questions that may arise. BHC Executive Director Amber Carroll is scheduled to deliver the Presentation, and will also be prepared to answer any questions from Council afterward. Later in the Meeting Agenda, City Council has the opportunity to consider designating a City Staff member to work with BHC, should Council choose to do so. Submitting Department Director: Mia Goforth Attachment: BHC "Key Facts on Homelessness" Informational Flyer Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Receive presentation. Approved by City Manager: Todd Morley 13Ie BREVARO HOMELESS COALITION total people experienced homelessness in Brevard County on the night ofJanuary, 25th 2024 Key Facts on Homelessness in Brevard County Big Picture Take-Aways Related to Florida HB 1365 • Brevard's homeless population is the highest # since 2015 per 2024 annual Point in Time Count (PITC), a census of Brevard's sheltered & unsheltered population • Unsheltered homelessness continues to rise per 2024 PITC • Persons who are chronically homeless increased sharply from 2023 per 2024 PITC • 2023 Federal Annual Homeless Assessment Report (AHAR) for Largely Suburban CoCs - Brevard County is in the top 5 nationally for highest % of unsheltered chronic homelessness per capita • Upon jail entry, the majority of unsheltered persons were residing outdoors and classified as homeless per 2024 PITC • Since 2022, rise in homelessness has trended alongside the decline in housing availability • Brevard County has zero low barrier, drop in overnight shelter options • There is little funding available for street outreach efforts to support enforcement of the bill • Affordable Housing that addresses 120% AMI does not fit the demographics of this population • Shortage of Permanent Supportive Housing (PSH) to support growing chronic population Unsheltered Homelessness • 2023 PITC - 665 individuals • 2024 PITC - 779 individuals • Increased 17%from 2023 • Deficient 742 emergency shelter beds • 81% have lived in Brevard for longer than 3 years • Ranked #6 in Florida for the highest # of unsheltered individuals Unsheltered Linkages to Incarceration • 85% reported prior incarceration in county jail • 83%were residing outdoors upon jail entry • 69% were arrested for survival crimes (ex., trespassing on public or private property, petty theft for food) • 34% were chronically homeless Unsheltered Chronic Homelessness (homeless > lyear with a disability) • 2023 PITC - 207 individuals • 2024 PITC - 356 individuals • Increased 72%from 2023 • Deficient 358 PSH units • Account for 45% of the unsheltered population Questions? • www.brevardhomelesscoalition.org • www.fchonline.org • 2023 AHAR - https://www.huduser.gov/portal/dat asets/ahar/2023-ahar-part-l-pit- estimates-of-homelessness-in-the- us.html BIC BREVARD HOMELESS L COALITION 2024 POINT -IN -TIME (PIT) & HOUSING INVENTORY COUNT (HIC) The annual PIT Count is a census of sheltered and unsheltered individuals experiencing homelessness on a single night in January, while the HIC is an inventory of residential programs dedicated to serving the homeless population, both of which are essential components for assessing the scope of homelessness. The data below reflects statistics for Brevard County. +17% • *! 779 UNSHELTERED on the streets or other places not meant for human habitation J -13% «37 SHELTERED in Emergency Shelters (81), Transitional Housing (246), or Safe Havens (10) •• 1,116 people experienced homelessness in Brevard County on the ' night of January, 25th 2024 j 2023 2024 1,052 �% 1,116rid% 6 Highest Homeless Count Since 2015! 800 600 400 200 0 1. Sheltered 111 Unsheltered �otih (o Doti (b ol• 01' 01' 01' *Note: An unsheltered count was not performed in 2018 & 2021 HOUSING INVENTORY COUNT (HIC) • 1,656 TOTAL INVENTORY Serving up to 920 individuals, 734 family members, & 2 unaccompanied minors EmergencyShelter Permanent Supportive Housiig Transitional Housing Rapid Rehousng 514 (31%) Other Permanent Housiig 376 (23%) 283 (17%) 2000 1500 1000 500 0 UNSHELTERED PERSONS Itb Individuals Families HOMELESSSNESS IS A HOUSING PROBLEM! 2000 1500 1000 500 2022 2023 2024 • I % Since 2022, the rise in c? homelessness has nearly matched the decline in housing availability! OF THE UNSHELTERED POPULATION ARE INDIVIDUAL ADULTS Families represent 5% of the total unsheltered population 700 600 500 400 300 200 100 0 Sheltered Unsheltered c-biA• ,LR 4) coR co'-' r�d��� PkO�yy� Pgo�y�h Pie hh •go P G UNSHELTERED SURVEY GEOGRAPHY O North 9% O Central 40% South 51% UNSHELTERED PERSONS: ESTABLISHED RESIDENCY IN BREVARD COUNTY <1 year • cia 1-2 years II Ca 3. years cia SHELTER RATE BY SUB -POPULATION Individual Adults Veterans Families Youth 0 0 Elderly Chronically Homeless © RACIAL & ETHNIC DISPARITIES BBI unsheltered homelessness has continued to increase 2x that of =AA •_ whites Despite the disparity, the prevalence of sheltered whites in Transitional Housing is 2x higher than that of BBI Black, Brown, Indigenous, People of Color (BBI) UNSHELTERED VETERAN HOMELESSNESS 2023 2024 65 52 CHRONICALLY HOMELESS 2023 #11) 2024 207 356 41"72% Those homeless for longer than a year with a disability account for 45% of the unsheltered. Only 3 from this sub population had shelter. a? UNSHELTERED LINKAGES TO INCARCERATION Unsheltered Persons 85% JAIL reported prior incarceration in the county jail and 30% in state prison Incarcerated & lassified as homeless upon jail entr 58/ (8/70)7 arrest history for survival crimes residing outdoors 69% (48/70) 34% \O chronically (24/70) a homeless 231 / 31% Unsheltered persons reporting a BEHAVIORAL HEALTH CONDITION �; •� 63% of those unsheltered reported ° a disabling condition, yet only x receive disability benefits 0 100 200 300 400 500 600 700 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • SEPTEMBER 17, 2024 AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS Subject: Presentation of the Florida League of Cities University Gold Certificate of Excellence to Council Member Don Willis. Department: Legislative Summary: Created in 1992, the Institute for Elected Municipal Officials (IEMO) was designed by the Florida League of Cities (FLC) to help elected officials in Florida's municipalities to effectively meet the requirements of their elected role. With points tabulated by FLC from July 2023 to July 2024 for IEMO courses completed, Council Member Don Willis has achieved the Gold FLC University Certificate of Excellence for Elected Municipal Officials for 2024. On behalf of the FLC University, Mayor Wes Morrison will present Council Member Willis the Gold Certificate, attached herewith. Presenting Council Member: Wes Morrison Attachments: Letter, Informational Flyer, and Gold Certificate of Excellence 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 Certificate to Council Member Willis Approved by City Manager: Todd Morley . FLC FLORIDA LEAGUE OF CITIES August 9, 2024 Councilmember Don Willis PO Box 326 Cape Canaveral, FL 32920-0326 Dear Councilmember Don Willis, Congratulations on achieving a GOLD FLC University Certificate for Elected Municipal Officials this year! We know the hard work and dedication required to achieve this certificate, and the League greatly appreciates your participation. We have had a strong response since the program launched and look forward to even more officials participating in the coming years. Your points were tabulated from July 2023 to July 2024. The flyer enclosed with your packet has information about each tier, how to accumulate points, and when FLC University will give you a mid- year status update. We hope you are already planning next year's activities to move up or maintain your status! If you have any questions regarding the Certificate Program for Elected Municipal Officials, please contact FLC University's Christen Barton at 407.367.3443 or cbarton@flcities.com. Again, congratulations and thank you for supporting FLC University's educational programs! Sincerely, Greg Ross President Florida League of Cities, Inc. Mayor, Cooper City LOCAL VOICES MAKING LOCAL CHOICES O301 S. Bronough St., Suite 300 O Phone: 850.222.9684 Tallahassee, FL 32301-1722 Fax: 850.222.3806 P.O. Box 1757 Tallahassee, FL 32302-1757 flcities.com FLC UNIVERSITY Certificate Program for Elected Municipal Officials As a local elected official, you diligently serve your cities and residents while being faced with numerous challeng- es and navigating an ever -changing landscape of state and federal laws and regulations. To support your efforts, the Florida League of Cities University (FLCU) continues to offer a variety of in -person and virtual educational opportunities to help municipal officials learn about the latest issues, trends and best practices. We know the time commitment and dedication you put toward training and continuing education, and we want to reward hardworking officials like you who take time out of their busy days to participate in these valuable programs! The FLC University's Certificate Program for Elected Municipal Officials recognizes elected officials who take part in the League's many training opportunities. This multi -level certificate of achievement program will allow you to earn points for the activities in which you are already participating! You can earn or renew certificates annually based on a designated points system. CERTIFICATE LEVELS Level One: Bronze Certificate of Merit -10 points Level Two: Silver Certificate of Leadership - 20 points SCAN TO SIGN UP IDA .• HOW DOES IT WORK? Sign Up: City officials sign up online using the FLC event registration system, at no cost, to pursue or renew certificates. Attend Training Events: League staff track each member's cumulative points through event regis- trations in our membership database. Points are accumulated from August (in conjunction with the FLC Annual Conference) through July of the fol- lowing year. Track Your Progress: FLCU staff will provide a point update halfway through the program year. Celebrate Your Achievement: Each year, certifi- cate recipients will receive a press release for their use and recognition by Quality Cities magazine and at the FLC Annual Conference. *Officials who have completed the Institute for Elected Municipal Officials (IEMO), IEMO II, and who earn their Go/d Certificate only need to earn 15 points in subse- quent years to retain the Go/d Certificate. The following activities will count toward the certificate program on an annual basis: Program/Event Online Orientation** IEMO** IEMO II** State -Mandated 4-Hour Ethics FLC webinars Annual Conference participation Legislative Conference participation Legislative Action Days participation Advocacy Course **Points for these programs can be earned only once. Points per Available 2 2 10 10 10 10 4 4 1 16 10 10 6 6 4 4 2 2 HOW CAN 1 EARN MY CERTIFICATE? Here are some examples of how you can reach levels of achievement by participating in FLC offerings throughout the year: Silver Certificate of Leadership Attend Online Orientation (2 points) Attend 14 FLC webinars (14 points) Certify completion of State -Mandated 4-Hour Ethics training (4 points) Silver Certificate of Leadership Attend IEMO II (10 points) Attend six FLC webinars (6 points) Certify completion of State -Mandated 4-Hour Ethics training (4 points) Silver Certificate of Leadership Attend Annual Conference (10 points) Attend Legislative Conference (4 points) Attend four FLC webinars (4 points) Certify completion of State -Mandated 4-Hour Ethics training (4 points) Attend Online Orientation (2 points) Attend IEMO (10 points) Attend Legislative Action Days (4 points) Attend Legislative Conference (6 points) Attend five FLC webinars (5 points) Certify completion of State -Mandated 4-Hour Ethics training (4 points) Attend Annual Conference (10 points) Attend Legislative Conference (6 points) Attend Legislative Action Days (4 points) Attend 10 FLC webinars (10 points) Certify completion of State -Mandated 4-Hour Ethics training (4 points) Please Note: Points can be earned for viewing recorded webinars only if those webinars were broad- cast between August 15 and July 15 of the program year for which a certificate is being awarded. We look forward to recognizing committed elected municipal leaders for their efforts to provide excellent service to Florida's cities and their residents. Visit flcities.com/certificate to sign up today and start earning points toward your certificate! Questions? Contact Christen Barton at cbarton@flcities.com or 407.367.3443. FLC UNIVERSITY Certificate Program for Elected Municipal Officials Gold Certificate of Excellence Don Willis Councilmember City of Cape Canaveral FLC UNIVERSITY ITEM # 1 DRAFT CITY OF CAPE CANAVERAL CITY COUNCIL BUDGET WORKSHOP MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Monday August 12, 2024 4:30 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 4:30 p.m. City Manager Morley led the Pledge of Allegiance. ROLL CALL: Council Members Present: Council Member Kim Davis (left at 5:28 p.m.) Council Member Kay Jackson Mayor Pro Tem Mickie Kellum Council Member Don Willis Mayor Wes Morrison Others Present: City Manager Todd Morley City Attorney Anthony Garganese (remote via GoToWebinar; left at 6:16 p.m.) Deputy City Clerk Daniel LeFever Administrative/Financial Services (AFS) Director John DeLeo AFS Senior Accountant Joey Blacker AFS Finance Manager Cheryl Puleo AFS Information Technology Manager Mike Schaffer Capital Projects Director Tim Carlisle Building Official Robert Doobovsky Human Resources/Risk Management Director Natalie Harmon Parks, Recreation + Community Affairs (PRCA) Dir. Molly Thomas PRCA Deputy Director John Mayberry PRCA Community Engagement Manager Amy Moody PRCA Nancy Hanson Rec Complex Facility Manager Marci Lefkoff Public Works Services (PWS) Director June Clark Brevard County Sheriff's Office (BCSO) Commander Byron Keck BCSO Deputy Canaveral Fire Rescue (CFR) Chief CFR Deputy Chief/Chief of Operations Heather Humes Dave Sargeant Chris Quinn PUBLIC PARTICIPATION: Angela Raymond, resident, commented on the poor state of the tennis courts' surface and lighting, and possibly seeking philanthropic donations for City projects. ITEM FOR DISCUSSION: Proposed Fiscal Year 2024/2025 Budget and Five (5) Year Capital Improvement Plan: City Manager Morley and AFS Director DeLeo discussed the Item. Discussion ensued. CFR Chief Sargeant noted required increases in staffing and necessity to move the replacement of a truck to Fiscal Year 2025/2026. Discussion continued. Council Member Davis left the Meeting at 5:28 p.m. City of Cape Canaveral, Florida City Council Budget Workshop Meeting August 12, 2024 - Minutes Page 2 of 2 Mayor Morrison recessed the Meeting at 5:28 p.m. The Meeting reconvened at 5:38 p.m. Discussion resumed. Mayor Morrison recessed the Meeting at 7:00 p.m. The Meeting reconvened at 7:09 p.m. City Attorney Garganese's prior guidance regarding Community Redevelopment Agency (CRA) funding was discussed. Council reached consensus for the CRA Board to hold a Special Meeting on August 20, 2024 at 4:30 p.m., prior to the Regular City Council Meeting, to discuss budgetary priorities and options related to the funding of the Oak Lane project. Staff noted the First Budget Hearing to be held September 3, 2024 at 5:30 p.m. and introduced Building Official Doobovsky. ADJOURNMENT: The Workshop Meeting was adjourned at 8:06 p.m. Daniel LeFever, Deputy City Clerk Wes Morrison, Mayor ITEM # 2 DRAFT CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Hybrid Meeting via GoTo webinar Tuesday August 20, 2024 6:00 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:02 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 City Clerk Administrative/Financial Serv. IT Manager Capital Projects Director Community & Economic Development (C+ED) Director C+ED Building Official C+ED Chief Resilience Manager C+ED Senior Planner Human Resources/Risk Management Director Parks, Recreation + Community Affairs (PRCA) Director PRCA Deputy Director Public Works Services (PWS) Director PWS Deputy Director Brevard County Sheriff's Office Commander Brevard County Sheriff's Officer Lieutenant Todd Morley Anthony Garganese Mia Goforth Michael Schaffer Tim Carlisle Brianna Soat Robert Doobovsky Zachary Eichholz Kyle Harris Natalie Harmon Molly Thomas John Mayberry June Clark Jessica Erdman 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, with the exception of moving Item 1 between Items 12 and 13. Discussion ensued. Motion carried 5-0. PRESENTATIONS/INTERVIEWS: Presentation of Proclamation declaring September 2024 as "National Suicide Prevention Month" to Kelly Haskins, Founder of "Do It for Hunter", and Wayne Price, Space Coast Health Foundation Director of Communications: Mayor Morrison read and presented the Proclamation to Foundation Director Ginny Gleason and Vice President Lisa Kercsmar. Ms. Kercsmar thanked the Council and invited everyone to attend the 3rd Annual You Matter Day!, which is organized by City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • August 20, 2024 Minutes • Page 2 of 5 "Do It For Hunter", on Saturday, September 21, 2024 between 10:00 a.m. and 2:00 p.m. at Merritt Island High School. Interview recommended applicants for appointment to the Culture and Leisure Services Board (Brad Pervell, Tina Freeman, Virginia Scott, and James Stobie): City Attorney Garganese, confirmed each Applicants' application to be true and correct, each individual Applicant discussed the reason for their interest in serving on the Board, Council addressed each Applicant, and thanked them for volunteering to serve. PUBLIC PARTICIPATION: John Benton, visitor, discussed a Code reduction hearing. Tina Freeman, property owner, inquired about a camera installed by the City, on a tree at the beach end of Fillmore Avenue last Friday, August 16, 2024. City Manager Morley indicated that he was unaware of the camera and encouraged Ms. Freeman to provide contact information to the City Clerk for Staff to provide an answer to the question later. Tamara Muhlbach, resident, discussed the City's investigation into 116 Jackson Avenue, and alleged City records being falsified. Daniel M. Koon, property owner, discussed receiving a building permit to construct a home at 226 Polk Avenue, and extended a "shout out" to City Manager Morley and Staff commending them for their efforts. CONSENT AGENDA: 2. Approve Minutes for the July 10, 2024 Regular Meeting. 3. Approved Minutes for the July 16, 2024 Budget Workshop Meeting. 4. Approved Minutes for the July 16, 2024 Regular Meeting. 5. Resolution No. 2024-07; reappointing members to the Planning and Zoning Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Nancy Gentilquore and Steven Stroud). 6. Resolution No. 2024-08; amending Resolution No. 2023-21 and rates and charges and other terms and conditions for public EV charging stations operated by the City on City owned or controlled property; providing for the repeal of prior inconsistent resolutions, severability and an effective date. 7. Appoint City Senior Planner Kyle Harris as the City's voting representative on the Space Coast Transportation Planning Organization's Technical Advisory Committee for the remainder of Calendar Year 2024. 8. Approve proposal from Tetra Tech, Inc. in the amount of $92,976 for Engineering Services for the Gravity Sewer Cleaning, Inspection and Evaluation for Rehabilitation Recommendations -Phase I, and authorize the City Manager to execute the same. 9. Authorize City Manager to execute continuing services agreements with selected firms for Professional Engineering, Surveying, Planning and Architectural Services as submitted in response to RFQ #2024-01. 10. Approve Service Agreement with JD's Atlantic Pool Service, LLC in the amount of $58,500 annually, for the Canaveral City Park Splash Pad System Operations and Maintenance Services Contract and authorize the City Manager to execute the same. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to approve the Consent Agenda. The motion carried 5-0. City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • August 20, 2024 Minutes • Page 3 of 5 PUBLIC HEARINGS: 11. Ordinance No. 17-2024; amending Chapter 82 Buildings and Building Regulations to adopt a local administrative amendment to the Florida Building Code to add a new City Code Section 82-149 requiring a building permit for roof coatings regulated under the Florida Building Code; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, second reading: City Attorney Garganese read the title into the record, and explained the Item. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to adopt Ordinance No. 17-2024, at second reading. Discussion ensued. The Public Hearing was opened. Tina Freeman, property owner, inquired if coating the roof of an elevator shaft might require this permit. City Manager Morley discussed the idea of granting an administrative exemption for such roof repairs, if the Building Official is in agreement, which could then be referenced in the draft Ordinance. The Public Hearing was closed. Discussion continued. Council reached consensus to amend the draft Ordinance with language allowing property owners to opt out of the building permit required by Section 82-149 for an area of 100 square feet or less, and for Staff to follow-up in twelve months to re-evaluate the effectiveness of the Ordinance. A motion was made by Council Member Jackson, seconded by Council Member Willis, to amend the main motion as discussed. The motion carried 5-0. The main motion carried 5-0. Mayor Morrison recessed the meeting at 7:09 p.m. The meeting reconvened at 7:21 p.m. Discussion ensued regarding Agenda Item 14, Resolution No. 2024-05, accommodating applicants waiting to hear the Item, and one application having just been withdrawn from consideration for the Culture and Leisure Services Board. Council reached consensus to move Agenda Item 14 under Public Hearings before Item 12. 14. Resolution No. 2024-05; appointing members and alternates 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: Mayor Morrison read the title into the record. City Attorney Garganese explained the Item. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Jackson, to adopt Resolution No. 2024-05, with permanent appointments of Brad Pervell and Tina Freeman, and alternates Virginia Scott and James Stobie. The motion carried 5-0. Mayor Morrison extended congratulations to the new Board Members. 12. Ordinance No. 18-2024; amending Section 110-196 of the City Code regarding Nonconforming Lots of Record and Single -Family Dwellings and Duplexes; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, second reading: City Attorney Garganese read the title into the record, and explained the Item. Discussion ensued. City Attorney Garganese clarified the Ordinance addresses those existing single-family homes or duplexes with parcels of land, that have not been approved by the Council as lots of record, will now be deemed as lots of record, and advised Council can add language to that section stating eligibility will be on the date this Ordinance is adopted, which then will afford that single family dwellings or duplexes the ability to pull a building permit to do alterations or maintenance. The Public Hearing was opened. Adam Marrara, resident and property owner, discussed support for the Ordinance, and the two options he is left with if the Ordinance does not pass, one being move out of the City, and two suing the City for violation of rights as a property owner. Patrick Campbell, resident, requested and received clarification from City Attorney Garganese regarding the Planning and Zoning Board recommendation to add the existing footprint provision related to adding a second story, and City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • August 20, 2024 Minutes • Page 4 of 5 expressed concerns regarding the Ordinance. The Public Hearing was closed. Discussion ensued. A motion was made by Council Member Davis, seconded by Mayor Pro Tem Kellum, to adopt Ordinance No. 18-2024, with inclusion of the adoption date to Subparagraph B, at second reading. Discussion ensued. C+ED Senior Planner Harris noted the great amount of work it would take to identify each one of the properties in the City. The motion carried 4-1, with Mayor Morrison voting against. POSTPONED ITEM: (Item moved as approved by Council) 1. Ratify the Composite City Manager Performance Evaluation and discuss/determine how to proceed with the provisions of Section 2, Salary and Evaluation, of the Employment Agreement between the City of Cape Canaveral and City Manager Todd Morley. (Postponed on July 16, 2024): HR/Risk Management Director Harmon explained the Item. Discussion ensued. A motion was made by Council Member Willis, seconded by Council Member Davis, to ratify the Evaluation and give City Manager Morley a 10% raise. City Attorney Garganese clarified that if not in the motion, the car allowance amount stays the same. The motion failed 2-3, with Council Member Jackson, Mayor Pro Tem Kellum, and Mayor Morrison voting against. Discussion ensued. A motion was made by Council Member Jackson, seconded by Mayor Pro Tem Kellum, to ratify the Evaluation as presented, a salary increase to $156,896.00, plus the existing car allowance. Discussion ensued. City Manager Morley stated that the proposed salary would be a 2.69% increase. HR/Risk Management Director Harmon inquired if Council would be adding the additional 2% COLA, noting the numbers are from the current fiscal year and not what the other cities/towns will be getting. Discussion continued. City Attorney Garganese discussed the Council only needs to accept receipt of the Evaluation, and the Contract has no set time periods in terms of considering salary adjustments. Discussion continued. Angela Raymond, resident, expressed concerns regarding the City Council's inability to conduct City business in a timely fashion, apologized to the City Manager, and commended his performance. Council Member Jackson withdrew the motion on the floor. Council reached consensus to accept withdrawal of the motion. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Davis, to ratify the Evaluation as presented, a salary increase to $160,414.80, plus the existing car allowance. Discussion ensued. HR/Risk Management Director Harmon noted additional cities salary and budget information will be provided next year to Council as requested. The motion carried 4-1, with Mayor Morrison voting against. Mayor Morrison recessed the meeting at 9:41 p.m. The meeting reconvened at 9:46 p.m. ITEMS FOR ACTION: 13. Resolution No. 2024-02; 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: City Manager Morley discussed changes made to the draft Resolution since Council's last meeting. HR/Risk Management Director Harmon discussed adjusting the eligibility entry period. Discussion ensued. Mayor Morrison noted the hour at 10:00 p.m. City Attorney Garganese advised the Meeting is adjourned unless there is a super majority vote to extend the meeting by time or by agenda item. A motion was made by Council Member Willis, seconded by Mayor Pro Tem Kellum, to extend the Meeting to complete this Item. Discussion ensued. The motion carried 4-1, with Mayor Morrison voting against. Discussion ensued. A motion was made by Council Member Davis, seconded by Council Member Willis, adopt Resolution No. 2024-02, with the non -elective contribution rate of 9% and the elective employer match of 3%. Discussion ensued. A motion was made City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • August 20, 2024 Minutes • Page 5 of 5 by Mayor Pro Tem Kellum, seconded by Council Member Willis, to amend the main motion not to include the proposed change to the vesting. Discussion ensued. The motion carried 4-1, with Council Member Davis voting against. The main motion carried 5-0. Discussion ensued. City Manager Morley received direction to bring a Vesting Item back to Council at either the first or second Budget Hearing. ADJOURNMENT: The Meeting was adjourned at 10:21 p.m. Wes Morrison, Mayor Mia Goforth, City Clerk ITEM # 3 DRAFT CAPE CANAVERAL CITY COUNCIL SPECIAL MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Tuesday September 3, 2024 5:30 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 5:30 p.m. Council Member Willis led the Pledge of Allegiance. ROLL CALL: Council Members Present: Council Member Kim Davis Council Member Kay Jackson Mayor Pro Tem Mickie Kellum Mayor Wes Morrison Council Member Don Willis Others Present: City Manager City Attorney City Clerk Administrative/Financial Services (AFS) Sr. Accountant AFS Finance Manager AFS IT Manager Capital Projects Director Community + Economic Development (C+ED) Dir. C+ED Deputy Director HR/Risk Management Director Parks, Recreation + Community Affairs (PRCA) Dir. Public Works Director Executive Assistant to City Manager/Office Manager Brevard County Sheriff's Office Commander Brevard County Sheriff's Office Deputy Todd Morley Anthony Garganese Mia Goforth Joey Blacker Cheryl Puleo Michael Schaffer Tim Carlisle Brianna Soat Brian Palmer Natalie Harmon Molly Thomas June Clark Lisa Day Byron Keck Joseph Schultz APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS: A motion was made by Council Member Willis, seconded by Council Member Davis, to approve the Agenda as written. The motion carried 5-0. PUBLIC PARTICIPATION: None. PUBLIC HEARINGS: 1. Resolution No. 2024-09; adopting a Tentative Millage Rate for the levy of Ad Valorem Taxes for Fiscal Year 2024/25 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida; providing for an effective date: Mayor Morrison announced the Public Hearing portion of the Agenda and read the title into the record. City Manager Morley explained the Item, reviewing where Council left off at the last Budget Workshop. AFS Sr. Accountant Blacker presented and discussed Future Millage Rate Options. Discussion ensued. A motion was made by Council Member Jackson, seconded by Mayor Pro Tem Kellum, to adopt a Tentative City of Cape Canaveral, Florida DRAFT City Council Special Meeting September 3, 2024 Minutes Page 2 of 2 Millage Rate of 3.2422, combined. Discussion ensued. City Attorney Garganese discussed recalculations that will be made to the Resolution. The motion carried 3-2, with Council Member Davis and Council Member Willis voting against. Mayor Morrison recessed the Meeting at 7:11 p.m. The Meeting reconvened at 7:19 p.m. Mayor Morrison announced that he did not see any hands raised on the webinar nor did he see any citizens in Council Chambers who intended to speak during Public Hearing Item 1, and anyone that would like to speak now regarding Resolution No. 2024-09, may do so. There being no comments, Mayor Morrison proceeded to Public Hearing Item 2. 2. Ordinance No. 19-2024; adopting the Annual General Fund, Wastewater Enterprise Fund, Stormwater Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds, Capital Project Funds and Agency Fund Budgets for the Fiscal Year beginning October 1, 2024, and ending September 30, 2025; providing for an effective date, first reading: City Attorney Garganese read the title into the record. AFS Sr. Accountant Blacker explained how the Proposed Budget changes will be made based on Council's Tentative Millage Rate of 3.2422 which will be presented at the Public Hearing of the Final Budget. City Manager Morley discussed a proposed motion to approve the Budget as amended, with the 3.2422 rate by bringing the General Fund Contingency down to $314,126 and the CRA Contingency down to $301,482, and present that at the second and final Budget Hearing. City Attorney Garganese explained how Staff will go in and amend Exhibit "A" of the Ordinance and modify the Budget pages. Discussion ensued. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to adopt Ordinance No. 19-2024, with the changes in the millage rate to 3.2422, the General Fund Contingency of $314,126 and CRA Contingency of $301,482, at first reading. City Manager Morley thanked City Staff and City Council. Council Member Jackson thanked Staff. The motion carried 5-0. ADJOURNMENT: The Special Meeting was adjourned at 7:26 p.m. Wes Morrison, Mayor Mia Goforth, City Clerk CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • SEPTEMBER 17, 2024 AGENDA ITEM SUMMARY • ITEM # 4 Subject: Resolution No. 2024-10; authorizing an addendum to the Agreement for Municipal Law Enforcement Services between the City of Cape Canaveral, Florida and Wayne Ivey, as Sheriff of Brevard County, Florida; providing for the repeal of prior, inconsistent resolutions, severability and an effective date. Departments: City Clerk's Office + Administrative/Financial Services Summary: The City and the Brevard County Sheriff's Office (BCSO) entered into an Agreement on October 1, 2022 for BCSO to provide Municipal Law Enforcement Services to the City. The City of Cape Canaveral and Wayne Ivey, in his capacity as the Sheriff of Brevard County, Florida, shall renegotiate the Agreement price each year for the term of the Agreement. The City Council annually considers/approves a resolution authorizing an addendum to the original Agreement; currently in the second year of a five-year term ending September 30, 2027. Under the Addendum put forth, the parties agree the compensation to be paid by the City to BCSO for FY 2024/25 shall be the sum of $3,785,382. Payment shall be made to BCSO by the City in twelve equal monthly installments of $315,449 payable on or before the first day of each month. This represents the total contract price of $4,011,282 minus $225,900 credit for services provided to Avon -by -the Sea, for a net cost of $3,785,382 for FY 2024/25. This compensation amount represents an adjusted annual increase, as provided for in the 2022 Agreement and referenced in the proposed Addendum. The net increase is 4.46% over the FY 2023/24 Agreement and is the result of increases to salaries and benefits, increases in operating expenses and the purchase of one new vehicle. Submitting Department Directors: Mia Goforth/John DeLeo Attachment: Resolution No. 2024-10 with Addendum Financial Impact: As reflected in the City's FY 2024/25 Proposed Annual Budget and in the Addendum to the Agreement, the compensation to be paid by the City to BCSO shall be $4,011,282 less $225,900 credit for Avon -by -the -Sea, for a net cost of $3,785,382 for FY 2024/25; Staff time/effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Adopt Resolution No. 2024-10. Approved by City Manager: Todd Morley RESOLUTION NO. 2024-10 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING AN ADDENDUM TO THE AGREEMENT FOR MUNICIPAL LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND WAYNE IVEY, AS SHERIFF OF BREVARD COUNTY, FLORIDA; PROVIDING FOR THE REPEAL OF PRIOR, INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral desires to have the Sheriff provide Municipal Law Enforcement Services; and WHEREAS, said Agreement contains a five-year term commencing on October 1, 2022 and ending September 30, 2027, and provides the City and the Sheriff shall renegotiate the contract price each year for the term of the agreement. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: SECTION 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. SECTION 2. Execution of Addendum. The Mayor and City Clerk are authorized to execute an Addendum to the Agreement for Municipal Law Enforcement Services between the City of Cape Canaveral and the Sheriff to provide services for the contract year October 1, 2024 through September 30. 2025. A copy of said Addendum is attached hereto and made a part hereof by this reference as if fully set forth. SECTION 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 17th day of September, 2024. [Signature Page Follows] City of Cape Canaveral Resolution No. 2024-10 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. 2024-10 Page 2 of 2 Resolution No. 2024-10 I Attachment ADDENDUM CAPE CANAVERAL LAW ENFORCEMENT AGREEMENT THIS ADDEMDUM is entered into this day of , 2024 by and between the CITY OF CAPE CANAVERAL, FLORIDA (hereinafter "CITY") and WAYNE IVEY, IN HIS CAPACITY AS THE SHERIFF OF BREVARD COUNTY, FLORIDA, a county constitutional officer and a county charter officer (hereinafter called the "Sheriff' or "BCSO") WHEREAS, the Sheriff currently provides municipal law enforcement services to the City and its citizens pursuant to that certain Cape Canaveral Law Enforcement Agreement approved by the parties and memorialized in writing by City Resolution No. 2022-20, as may be amended from time to time (hereinafter "Agreement"); and WHEREAS, the Agreement contains a five-year agreement commencing October 1, 2022 and ending September 30, 2027, and provides the City and Sheriff shall renegotiate the compensation to be paid by the CITY to BCSO each year for the term of the contract; and WHEREAS, the agreement requires that written agreement as to the compensation paid by CITY to BCSO for each subsequent year shall be in force by October 1st of the affected year. Should a mutually agreeable fee not be reached by September 30, of the affected year, the fee will be equal to that of the previous year, plus 4% for operational increases. This amount may be adjusted by mutual agreement after the start of the fiscal year, after CITY approves a budget; and WHEREAS, in accordance with the Agreement, the parties desire to establish the compensation to be paid by the CITY to BCSO for Fiscal Year 2024/25 in accordance with the City's annual budget process; and WHEREAS, the parties desire to amend the Agreement for purposes of adopting the base contract price for the City's Fiscal Year 2024/25; and NOW THEREFORE, in consideration of mutual promises, and other lawful consideration, which the parties hereby acknowledge is sufficient and received, the CITY and the BCSO agree as follows: 1.0 The foregoing recitals are hereby deemed true and correct and are hereby fully incorporated herein by reference. 2.0 Pursuant to Article VII of the agreement, the compensation to be paid by the CITY to BCSO for Fiscal Year 2024/25 shall be the sum of $3,785,382 Payments shall be made to the BCSO by the CITY in twelve equal monthly installments of $315,449 payable on or before the first day of each month. 3.0 The Agreement is hereby ratified and shall remain in full force and effect, provided, however, the terms and conditions of the Agreement which are modified by this Addendum are repealed and superseded by the provisions set forth herein. On a periodic basis, the parties agree to cooperate and meet to discuss updates and revisions. FY 2024/25 Addendum — City of Cape Canaveral Law Enforcement Agreement Page 1 of 2 Resolution No. 2024-10 I Attachment 4.0 The undersigned signatories hereby represent for their respective entities that they are duly authorized to execute this Addendum on behalf of their respective entity. Further, upon execution of this Addendum, the Addendum shall be deemed a binding obligation on the respective entity on whose behalf they have executed the Addendum. IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by their duly authorized representatives as of the date first written above. ATTEST: SHERIFF OF BREVARD COUNTY, FLORIDA Approved as to form and content: Laura Moody GENERAL COUNSEL FOR SHERIFF WAYNE IVEY Date Wayne Ivey SHERIFF ATTEST: CITY OF CAPE CANAVERAL Mia Goforth, CMC CITY CLERK Approved as to form and content: Anthony A. Garganese CITY ATTORNEY Date Wes Morrison MAYOR FY 2024/25 Addendum — City of Cape Canaveral Law Enforcement Agreement Page 2of2 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • SEPTEMBER 17, 2024 AGENDA ITEM SUMMARY • ITEM # 5 Subject: Resolution No. 2024-11; authorizing an addendum to the Contract for Fire Protection and Emergency Medical Services between the City of Cape Canaveral, Florida and the Cape Canaveral Volunteer Fire Department, Inc.; providing for the repeal of prior inconsistent resolutions, severability and an effective date. Department: City Clerk's Office + Administrative/Financial Services Summary: The City of Cape Canaveral Volunteer Fire Department, Inc. (CCVFD), dba Canaveral Fire Rescue (CFR), entered into a Contract on September 25, 2007 for CCVFD to provide Fire Protection and Emergency Medical Services to the City. The City Council annually considers/approves a resolution authorizing an Addendum to the original Contract, which extends through September 30, 2034. Under the Addendum put forth, the parties agree as follows: 1. The City and CCVFD entered into a Contract for Services dated September 25, 2007, and amended by resolution on May 19, 2015, which expires September 30, 2034; 2. The Contract provides that the City and CCVFD shall renegotiate the base contract each year after the first year; 3. The parties have agreed to a base annual Contract price for FY 2024/25 of $2,545,000 payable at $212,083.33 monthly. This compensation amount represents a re -negotiated base contract price increase, as provided for in the 2007 Contract and referenced in the proposed Addendum. The net increase is 13.5345% over the FY 2023/24 Agreement and addresses impacts related to increased regulations, increased calls, increased costs of goods and services as well as compliance with State law requiring a minimum $15 per hour wage. Submitting Department Director: Mia Goforth/John DeLeo Attachment: Resolution No. 2024-11 with Addendum Financial Impact: As reflected in the City's FY 2024/25 Proposed Annual Budget and in the Addendum to the Contract, the City agrees to pay CCVFD (dba CFR) the base annual Contract price of $2,545,000 payable in monthly installments of $212,083.33; Staff time/effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Adopt Resolution No. 2024-11. Approved by City Manager: Todd Morley RESOLUTION NO. 2024-11 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING AN ADDENDUM TO THE CONTRACT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC.; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral and the Cape Canaveral Volunteer Fire Department, Inc. have entered into that certain Contract for Services dated September 25, 2007; and Resolution No. 2015-05 was adopted on May 19, 2015 for the purposes of modifying the term for Services to expire on September 30, 2034; and WHEREAS, said Contract provides that the City and the Cape Canaveral Volunteer Fire Department, Inc. shall renegotiate the base contract each year after the first contract year. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: SECTION 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. SECTION 2. Execution of Addendum. The Mayor and City Clerk are authorized to execute an Addendum to the Contract for Services between the City of Cape Canaveral and the Cape Canaveral Volunteer Fire Department, Inc. to provide for a base contract price for the contract year October 1, 2024 through September 30, 2025. A copy of said Addendum is attached hereto and made a part hereof by this reference as if fully set forth. SECTION 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 17th day of September, 2024. [Signature Page Follows] City of Cape Canaveral Resolution No. 2024-11 Page 1 of 2 ATTEST: Mia Goforth, CMC, City Clerk Wes Morrison, Mayor Name FOR AGAINST Kim Davis Mickie Kellum Wes Morrison Angela Raymond Don Willis Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No. 2024-11 Page 2 of 2 Resolution No. 2024-11 I Attachment ADDENDUM THIS ADDENDUM is entered into this day of September, 2024 by and between the CITY OF CAPE CANAVERAL, FLORIDA, hereinafter called the "City", and the CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., d/b/a CANAVERAL FIRE RESCUE, a non-profit Florida corporation, hereinafter called the "Corporation." WHEREAS, the City and the Corporation have entered into that certain Contract for Services dated September 25, 2007 ("Contract"), which Contract is for a term of twenty-seven (27) years; and WHEREAS, said Contract requires the City and the Corporation to re -negotiate the base contract price for each year of the Contract after the first year; and WHEREAS, the parties have agreed to a revised Contract price for the period October 1, 2024 through September 30, 2025. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: 1. Recitals. The parties agree that the above recitals are true and correct and incorporated into the body of this Agreement by this reference. 2. Price Revision. Paragraph 13 of the Contract is amended to read as follows: "The City agrees that in return for services specified herein, it will pay the Corporation the base annual contract price of $2,545,000. The compensation provided for herein shall be paid monthly in the sum of $212,083.33. per month commencing on the first day of October 2024 and continuing on the first day of each month thereafter. The parties shall renegotiate the base contract price for each successive year of this contract annually." 4. Continuing Effect. Except as modified by this Addendum, the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned CITY OF CAPE CANAVERAL, a municipal corporation, by its duly authorized officer, has executed this instrument this 17th day of September, 2024. ATTEST: CITY OF CAPE CANAVERAL, FLORIDA a Municipal Corporation Mia Goforth, CMC By: CITY CLERK Wes Morrison, MAYOR (Corporate Seal) IN WITNESS WHEREOF, the undersigned CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., d/b/a CANAVERAL FIRE RESCUE, a non-profit corporation, by its authorized officers, has executed this instrument this day of September, 2024. ATTEST: Secretary (Corporate Seal) CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., d/b/a CANAVERAL FIRE RESCUE, a non-profit Corporation By: Dave Sargeant, FIRE CHIEF CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • SEPTEMBER 17, 2024 AGENDA ITEM SUMMARY • ITEM # 6 Subject: Resolution No. 2024-12; reappointing a member to the Board of Adjustment; appointing and reappointing members, and appointing a first alternate 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. (Stephen Slaton, Brad Pervell, Tina Freeman, Virginia Scott, and James Stobie) Department: City Clerk's Office Summary: The terms for Board of Adjustment (BOA) Board Member Stephen Slaton will expire October 1, 2024. Mr. Slaton was appointed in March 2022 to fill a vacancy on the BOA. As Mr. Slaton has only served a single, partial term up to this point, he is eligible for reappointment, and has expressed preference to continue serving on the BOA for an additional three-year term. The terms for Culture and Leisure Services (CLS) Board Members Brad Pervell and Tina Freeman will expire October 1, 2024; Mr. Pervell and Ms. Freeman were appointed to the CLS Board by City Council at its August 20, 2024 Regular Meeting to fill vacancies on the CLS Board. As each have only served partial terms up to this point, they are all eligible for reappointment, and have each expressed preference to continue serving on the CLS Board for an additional three-year term. Additionally, another CLS Board Member whose term will expire October 1, 2024 has declined consideration for reappointment; for that reason, CLS Board First Alternate Virginia Scott is eligible to be appointed to fill the upcoming vacancy. Should Ms. Scott be appointed, Second Alternate James Stobie can be appointed to the position of First Alternate. Resolution No. 2024-12 (Attached) has been prepared to reappoint Mr. Slaton to a new three-year term on the BOA, reappoint Mr. Pervell and Ms. Freeman to new three-year terms on the CLS Board, appoint Ms. Scott to a new three-year term on the CLS Board, and appoint Mr. Stobie as First Alternate on the CLS Board. The Resolution also carries an effective date of October 1, 2024, rather than "upon adoption", to avoid overlap with existing terms on the CLS Board. It is now incumbent upon Council to reappoint members to the BOA and CLS Board and appoint a Member and First Alternate to the CLS Board. Submitting Department Director: Mia Goforth Attachment: Resolution No. 2024-12 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. 2024-12. Approved by City Manager: Todd Morley RESOLUTION NO. 2024-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; REAPPOINTING A MEMBER TO THE BOARD OF ADJUSTMENT; APPOINTING AND REAPPOINTING MEMBERS, AND APPOINTING A FIRST ALTERNATE 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 110-2, established a Board known as the Board of Adjustment; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, has, by Section 54-26, City Code, established a Board known as the Culture and Leisure Services Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to reappoint members to said board. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. Section 2. Reappointment to the Board of Adjustment. Pursuant to Section 2-171(e), City Code, the City Council of the City of Cape Canaveral hereby reappoints the following individual to the Board of Adjustment: Stephen Slaton shall be reappointed, to serve until October 1, 2027. 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. Reappointment to the Culture and Leisure Services Board. Pursuant to Section 2-171(e), City Code, the City Council of the City of Cape Canaveral hereby reappoints the following individuals to the Culture and Leisure Services Board: Brad Pervell and Tina Freeman shall be reappointed, to serve until October 1, 2027. Following completion of these terms, these appointees shall be eligible for reappointment, consistent with the limitations set forth in Section 2-171(f), City Code. Section 4. Appointment to the Culture and Leisure Services 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: Virginia Scott shall be appointed, to serve until October 1, 2027. City of Cape Canaveral Resolution No. 2024-12 Page 1 of 2 Following completion of this term, this appointee may be eligible for reappointment consistent with the limitations set forth in Section 2-171(f), City Code. Section 5. Appointment of a First Alternate to the Culture and Leisure Services Board. Pursuant to Section 2-171(m) 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: James Stobie shall be appointed as first alternate, to serve until October 1, 2027. Section 6. 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 7. 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 8. Effective Date. This Resolution shall become effective October 1, 2024. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 17th day of September, 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. 2024-12 Page 2 of 2 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • SEPTEMBER 17, 2024 AGENDA ITEM SUMMARY • ITEM # 7 Subject: Approve Mutual Aid Agreement between the 45th Space Wing and the City of Cape Canaveral, for fire protection and hazardous materials incident response and authorize the City Manager to execute same. Department: Community and Economic Development — Resilience Division/Canaveral Fire Rescue Summary: Space Launch Delta 45 (SLD 45) is a unit of the recently established United States Space Force (USSF). SLD 45 is assigned to the Space Systems Command and is headquartered at Patrick Space Force Base, Florida, which is located between the City of Satellite Beach and the City of Cocoa Beach on the barrier island roughly nine miles due south of the City of Cape Canaveral. SLD 45 is responsible for overseeing all space launch operations from the Eastern Range, which includes launch activities from the USSF, the Department of Defense, NASA, and private space corporations. SLD 45 has approached Canaveral Fire Rescue requesting a 5 (five) year Mutual Aid Agreement (MAA). The Agreement will require approval by the City of Cape Canaveral and Canaveral Fire Rescue (which is identified as the City of Cape Canaveral Fire Department in the MAA). Canaveral Fire Rescue and SLD 45 maintained MAAs in the past. Per the Agreement (Attachment 1), on request to a representative of the SLD 45 fire department by a representative of Canaveral Fire Rescue, fire protection equipment and personnel of the SLD 45 fire department dispatch to any point within the area for which Canaveral Fire Rescue normally provides fire protection services as designated by representatives of Canaveral Fire Rescue. The responding organization will report to the officer in charge of the requesting organization at the location to which the equipment is dispatched and will be subject to the orders of that official. This Agreement allows each Party to render aid to the other for fire protection, which includes personal services and equipment required for fire prevention, the protection of life and property from fire, firefighting, and emergency services, including basic medical support, basic and advanced life support, hazardous material containment and confinement, and special rescue incidents involving vehicular and water mishaps, and trench, building, and confined space extractions. Such expansion of services will allow both Parties to become more prepared, secure, and resilient. Parties involved with this MAA agree that the intent with respect to the rendering of assistance to the other Party under this Agreement is not to seek reimbursement from the Party requesting such assistance. Notwithstanding the above, Parties recognize that pursuant to Section 11 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. § 2210) and federal regulations issued under (44 Code of Federal Regulations Part 151), Canaveral Fire Rescue is permitted to seek reimbursement for all or any part of its direct expenses and losses (defined as additional firefighting costs over normal operational costs) incurred fighting fires on property under the jurisdiction of the United States. Furthermore, under the authority of 42 U.S.C. § 1856a, and pursuant to any applicable state or local laws, each Party reserves the right to seek reimbursement from the other for all or any part of the costs (defined as additional firefighting costs over normal operational costs) incurred providing fire protection services to the other Party in response to a request for assistance. The City Attorney reviewed the Agreement and advises that the City should be aware of the contents described in Section F (2), which requires the City to indemnify and hold harmless the USSF and/or the United States Air Force for using firefighting foams, chemicals, and other materials City of Cape Canaveral City Council Meeting • September 17, 2024 Agenda Item # 7 Page 2 of 2 within the jurisdictional limits of the City. According to Fire Chief Dave Sargeant of Canaveral Fire Rescue, there is an extremely low probability that SLD 45's fire department would ever need to utilize foam -related assets within the city because Canaveral Fire Rescue already has a larger supply of foaming agents than SLD 45. Additionally, the foam that SLD 45's fire department utilizes is not compatible with Canaveral Fire Rescue's equipment, therefore it could never be directly utilized by Canaveral Fire Rescue. Chief Sargeant has requested that the City Council approve the proposed MAA. Submitted by: Zachary Eichholz/Dave Sargeant Attachment: Mutual Aid Agreement between the 45' Space Wing and the City of Cape Canaveral 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 Mutual Aid Agreement between the 45" Space Wing and the City of Cape Canaveral, for fire protection and hazardous materials incident response and authorize the City Manager to execute same. Approved by City Manager: Todd Morley AGREEMENT FOR MUTUAL AID IN FIRE AND EMERGENCY SERVICES BETWEEN CITY OF CAPE CANAVERAL FIRE DEPARTMENT, FLORIDA AND SPACE LAUNCH DELTA 45, PATRICK SPACE FORCE BASE, FLORIDA This Mutual Aid Agreement (the "Agreement"), is made and entered into this ## day of September 2024, between the Secretary of the Air Force (the "Air Force") acting by and through the Commander Space Launch Delta (SLD) 45, Patrick Space Force Base (PSFB) pursuant to the authority of 42 U.S.C. § 1856a and the City of Cape Canaveral Fire Department (the "City of Cape Canaveral FD"). Together the Air Force and City of Cape Canaveral Fire Department are hereinafter referred to as the "Parties". WITNESSETH: WHEREAS, each of the Parties hereto maintains equipment and personnel for the suppression of fires and the management of other emergency incidents occurring within areas under their respective jurisdictions; and zach WHEREAS, as set forth in 42 U.S.C. § 1856 the term 'fire protection' includes personal services and equipment required for fire prevention, the protection of life and property from fire, firefighting, and emergency services, including basic medical support, basic and advanced life support, hazardous material containment and confinement, and special rescue incidents involving vehicular and water mishaps, and trench, building, and confined space extractions; and WHEREAS, the Parties hereto desire to augment the fire protection capabilities available in their respective jurisdictions by entering into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, obligations and agreements herein established, the Parties hereby agree as follows: a. The authority to enter into this Agreement is set forth in 42 U.S.C. § 1856a, and Title 15 United States Code Section 2210, the regulations implementing same at Title 44 Code of Federal Regulations Part 151 Emergency Management and Assistance and DAFI 32-2001, Fire and Emergency Services Program. b. This Agreement will serve as the agreement between the Parties for securing to each mutual aid in fire protection services as defined above. c. On request to a representative of the SLD 45 fire department by a representative of the City of Cape Canaveral FD, fire protection equipment and personnel of the SLD 45 fire department will be dispatched to any point within the area for which the City of Cape Canaveral FD normally provides fire protection services as designated by the representatives of the City of Cape Canaveral FD. d. On request to a representative of the City of Cape Canaveral FD by a representative of the SLD 45 fire department, fire protection equipment and personnel of the City of Cape Canaveral FD will be dispatched to any point within the jurisdiction of the SLD 45 as designated by the representative of the SLD 45 fire department. e. Any dispatch of equipment and personnel by the Parties pursuant to this Agreement is subject to the following conditions: (1) Any request for aid hereunder will include a statement of the amount and type of equipment and personnel requested and will specify the location to which the equipment and personnel are to be dispatched, but the amount and type of equipment and the number of personnel to be furnished will be determined by the responding organization. The requesting organization will ensure access to site for the responding organization. (2) The responding organization will report to the officer in charge of the requesting organization at the location to which the equipment is dispatched and will be subject to the orders of that official. (3) The responding organization will be released by the requesting organization when the services of the responding organization are no longer required or when the responding organization is needed within the area for which it normally provides fire protection. (4) Sharing of non -encrypted Radio Frequencies/INTEROPERABILITY capability between agencies specifically during Mutual Aids for accountability of personnel and assets, including sharing of valuable information between Incident Command and firefighters. (5). HAZMAT incident response will include the response to, and control and containment of any release or suspected release of any material suspected to be or known to be hazardous. Where the properties of a released material are not known, it will be considered hazardous until proven otherwise by the requesting organization using all technical resources available. Cleanup and removal of contained HAZMAT will be the responsibility of the requesting organization. (6) In the event of a crash of an aircraft owned or operated by the United States or military aircraft of any foreign nation within the area for which the City of Cape Canaveral FD normally provides fire protection services, the chief of the Space Launch Delta 45 fire department or his or her representative may participate in a unified command on arrival at the scene of the crash. (7) Regardless of local agencies assigning an incident safety officer, an Air Force representative will be assigned to act as the incident safety officer for SLD 45 fire depaituient to observe Air Force support and operations at an incident. Local agencies are encouraged to assign a safety officer to observe the agencies support and operations at an incident on the installation. f. Each Party hereby agrees that its intent with respect to the rendering of assistance to the other Party under this Agreement is not to seek reimbursement from the Party requesting such assistance. (1) Notwithstanding the above, the Parties hereby recognize that pursuant to the Section 11 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. § 2210) and Federal regulations issued there under (44 Code of Federal Regulations Part 151), City of Cape Canaveral FD is permitted to seek reimbursement for all or any part of its direct expenses and losses (defined as additional firefighting costs over normal operational costs) incurred in fighting fires on property under the jurisdiction of the United States. Furthermore, under the authority of 42 U.S.C. § 1856a, and pursuant to any applicable state or local laws each Party hereby reserves the right to seek reimbursement from the other for all or any part of the costs (defined as additional firefighting costs over normal operational costs) incurred by it in providing fire protection services to the other Party in response to a request for assistance. (2) Furthermore, City of Cape Canaveral FD agrees to indemnify and hold harmless the United States from any liability that may arise from the use of fire -fighting foams, chemicals, or other materials by the Air Force in providing fire protection services to the City of Cape Canaveral FD, which agreement to indemnify and hold harmless includes, but is not limited to, such uses that may result in hazardous substance exposure or pollution of or contamination to air, land, water, person or property or such uses that may result in response actions under CERCLA, RCRA, or any other federal, state, or local laws. Notwithstanding any other provision of this Agreement, termination of this Agreement shall in no way affect City of Cape Canaveral FD's obligation under this paragraph to indemnify and hold harmless the United States from any liability that may arise from the use of fire -fighting foams, chemicals, or other materials by the Air Force in providing fire protection services to the City of Cape Canaveral FD, which obligation shall survive such termination. g. Both Parties agree to implement the National Incident Management System during all emergency responses on and off Installations TAW National Fire Protection Association Standard 1561. h. Each Party waives all claims against the other Party for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement. This provision does not waive any right of reimbursement pursuant to paragraph f. i. All equipment used by City of Cape Canaveral FD in carrying out this Agreement will, at the time of action hereunder, be owned by it; and all personnel acting for City of Cape Canaveral FD under this Agreement will, at the time of such action, be an employee or volunteer member of City of Cape Canaveral FD. j. The rendering of assistance under the terms of this Agreement will not be mandatory; however, the Party receiving a request for assistance will endeavor to immediately inform the requesting Party if the requested assistance cannot be provided and, if assistance can be provided, the quantity of such resources as may be dispatched in response to such request. k. Neither Party will hold the other Party liable or at fault for failing to respond to any request for assistance or for failing to respond to such a request in a timely manner or with less than optimum equipment and/or personnel, it being the understanding of the Parties that each is primarily and ultimately responsible for the provision of fire protection services needed within their own jurisdictions. 1. Disputes. Parties to negotiate if a dispute should arise, the Parties agree to first attempt to resolve the dispute using unassisted negotiation techniques (i.e., without the assistance of a neutral third party). Either Party may request in writing that unassisted negotiations commence. As part of the unassisted negotiation, the Parties shall consider employing joint fact-finding, if material factual disputes are involved, and shall use other early resolution techniques appropriate to the circumstances. If the dispute involves material issues of fact, the Parties may employ a neutral third party to provide a confidential evaluation of the issues of fact. m. Alternative Dispute Resolution. 1. If the dispute is not resolved within sixty (60) days after the request for unassisted negotiations, and the Parties do not mutually agree to continue the unassisted negotiations, the Parties shall employ alternative dispute resolution procedures involving nonbinding mediation of the dispute by a neutral third party. The alternative dispute resolution procedures employed shall include a confidential evaluation of both the facts and the law and the issuance of confidential recommendations by the neutral third party. 2. By entering into this Agreement, the Parties have voluntarily adopted alternative dispute resolution procedures IAW 5 United States Code. § 572(c). These procedures shall not be employed if determined by either Party to be inappropriate after taking into consideration the factors enumerated at 5 United States Code. § 572(b). A Party rejecting alternative dispute resolution as inappropriate shall document its reasons in writing and deliver them to the other Party. The Parties shall enter into a master written alternative dispute resolution Agreement governing alternative dispute resolution proceedings that may be amended as needed to fit individual proceedings. (A template of an acceptable alternative dispute resolution agreement may be found at www.adr.af.mil). 3. The Government's obligation to make any payment arising out of an agreement resolving a dispute under this Agreement is contingent upon the availability of funds proper for such payment. The City of Cape Canaveral Fire/Rescue Services obligation to make any payment arising out of an agreement resolving a dispute under this Agreement is contingent upon the availability of funds proper for such payment. n. All notices, requests, demands, and other communications which may or are required to be delivered hereunder will be in writing and will be delivered by messenger, by a nationally- recognized overnight mail delivery service or by certified mail, return receipt requested, at the following addresses: For the Air Force: SLD 45 c/o Commander, Space Launch Delta 45 1201 Edward White Street, Building 423 Patrick SFB, FL 32925-3439 And: Depaiinient of the Air Force Air Force Civil Engineer Center/CXF 139 Barnes Dr, Suite 1 Tyndall AFB FL 32403-5319 And: Fire Chief Patrick Space Force Base 1311 Control Road Patrick SFB, FL 32925 For City of Cape Canaveral Fire Department TERMS OF THE AGREEMENT o. This Agreement will become effective on the date of the last signature to the Agreement and will remain in effect for five years (insert date) from that date (the "Term). The Parties to this agreement shall conduct an annual review for currency to respective regulatory and policy guidance and shall acknowledge review by cover letter signature from both Parties' senior fire officers. Either Party may unilaterally terminate this Agreement during the Term by sending notification of its intent to terminate to the other Party at 180 days in advance of the proposed date of termination. Such notification will be in the form of a written submission to the other Party. p. Upon becoming effective, this Agreement will supersede and cancel all previous agreements between the Parties concerning the rendering of assistance from one to the other for the purposes stated in this Agreement. q. The modification or amendment of this Agreement, or any of the provisions of this Agreement, will not become effective unless executed in writing by both Parties. r. This Agreement may be executed in one or more counterparts, each of which will be deemed an original. IN WITNESS WHEREOF, The Parties have caused this Agreement to be executed by their duly authorized representatives on the dates shown below: THE UNITED STATES OF AMERICA City of City of Cape Canaveral by the Secretary of the Air Force STEPHEN G. PURDY Major General, USSF Commander, Space Launch Delta 45 Todd Morley City Manager Date: Date: CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • SEPTEMBER 17, 2024 AGENDA ITEM SUMMARY • ITEM # 8 Subject: Approve the Seventeenth Addendum to Professional Services Agreement for Fertilization, Insect, Disease, Weed Control, and Pest Control Services in the amount of $64,688.47 with Black's Spray Service, Inc. and authorize the City Manager to execute the same. Department: Public Works Services Summary: The City of Cape Canaveral has a 16-year history with Blacks Spray Services for providing services including fertilization, disease, and weed control of turf areas and the Central (Canaveral) Ditch, as well as a contract for pest control services for all City buildings. Total cost for all services for the upcoming FY 2024-25 is $64,688.47, which is a $240.00 increase from the prior year. The cost increase includes additional services for the City of Cape Canaveral Cape Center building. Black's will continue to use products that eliminate the use of Glyphosate and Nitrogen. In general, Staff is very pleased with the level of service and customer support provided by Black's. • The Amended Twelfth Addendum provided for a one-year extension period, which expired on September 30, 2020. • The Thirteenth Addendum provided for a one-year extension period, which expired on September 30, 2021. • The Fourteenth Addendum provided for a one-year extension period, which expired on September 30, 2022. • The Fifteenth Addendum provided for a one-year extension period, which expired on September 30, 2023. • The Sixteenth Addendum provided for a one-year extension period, which will expire on September 30, 2024. • The Seventeenth Addendum (Attached) provides for a one-year extension period, which will expire on September 30, 2025. Submitting Department Director: June Clark Attachments: Seventeenth Addendum to Professional Services Agreement with Exhibit "1" FY 2024-2025 Bid Tab Sheets Financial Impact: $64,688.47 with Black's for Fertilization, Insect, Disease, Weed Control, and Pest Control Services funded by Departments throughout the City; Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following actions: Approve the Seventeenth Addendum to Professional Services Agreement for Fertilization, Insect, Disease, Weed Control, and Pest Control Services in the amount of $64,688.47 with Black's Spray Service, Inc. and authorize City Manager to execute same. Approved by City Manager: Todd Morley SEVENTEENTH ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT THIS SEVENTEENTH ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT ("Seventeenth Addendum") is made and entered this day of , 2024 by and between the CITY OF CAPE CANAVERAL, a Florida municipal corporation, whose principal address is 100 Polk Avenue, Cape Canaveral, Florida, 32920 ("City"), and BLACK'S SPRAY SERVICE, INC., a Florida corporation, whose principal address is 3625 North Courtenay Parkway, Merritt Island, Florida 32953 ("Contractor"). WITNESSETH: WHEREAS, the City and Contractor previously entered into a Professional Services Agreement ("Agreement") for fertilization, insect, disease, and weed control of turf areas and weed control of the Central Ditch; and WHEREAS, the Agreement, as amended by several addenda, terminates on September 30, 2024; and WHEREAS, the parties mutually desire to extend the term of the agreement as set forth herein, and the City desires to waive the competitive bidding process for the purpose of extending the term of the agreement; and WHEREAS, this Seventeenth Addendum is in the best interests of the health, safety and welfare of the citizens of the City of Cape Canaveral; and NOW THEREFORE, in consideration of the mutual promises contained herein, the City and Contractor hereby agree as follows: ARTICLE 1 — RECITALS The foregoing recitals are hereby deemed true and correct and are hereby incorporated herein by this reference. ARTICLE 2 — EXTENSION OF TERM The City and Contractor hereby agree to extend the term of the Agreement for one (1) year, commencing on October 1, 2024 and terminating on September 30, 2025. The parties shall have the option to extend the term of this Agreement in additional one (1) year increments. Any such extension shall be by mutual written agreement of all parties and shall be executed no less than ninety (90) days prior to the expiration of this Agreement's current term. Seventeenth Addendum to Professional Services Agreement City of Cape Canaveral / Black's Spray Service, Inc. Page 1 of 2 ARTICLE 3 — PAYMENT OF CONTRACTOR Article 6 of the Agreement, which addresses payment of contractor, is hereby deleted in its entirety and replaced with the following language: The City shall pay to Contractor $64,688.47 for chemical applications (e.g., fertilization, insect control, and weed control) as described in Exhibit "1," Chemical Applications Bid Tab Sheet. The Contractor will invoice the City on a monthly basis. This is a not -to -exceed price Agreement. Invoices received from the Contractor pursuant to this Agreement will be reviewed and approved by the Agreement Administrator, indicating that the services being invoiced are in conformity with the Agreement. The invoices will be sent to the Finance Department for payment. Payments shall be processed consistent with the Florida Local Government Prompt Payment Act. ARTICLE 4 — OTHER PROVISIONS Any other term or provision of the Agreement not expressly modified by this Sixteenth Addendum, or the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth or Sixteenth Addenda, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this sixteenth Addendum as of the day and year first above written. CITY: City of Cape Canaveral, Florida, a Florida municipal corporation. Attest: By: By: Mia Goforth, City Clerk WITNESSES: Print Name: Print Name: Todd Morley, City Manager CONTRACTOR: Black's Spray Service, Inc., a Florida corporation. By: Carlos S. Boyer, President Seventeenth Addendum to Professional Services Agreement City of Cape Canaveral / Black's Spray Service, Inc. Page 2of2 Exhibit "1" City of Cape Canaveral Chemical Applications BID TAB SHEET FY 2024/25 UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES — YEAR A City Hall,Cape Center,Sheriffs Annex, Library Turf Applications(Liquid) $ 190.94 6 $ 1,145.64 Annex-111 Polk Ave. Ornamental Fertilization(Liquid) $ 416.60 2 $ 833.20 City Hall/Cape Center-100/105 Polk Ave Tree Fertilization(Liquid) $ 115.72 2 $ 231.44 Herbicide Applications $ 167.57 10 $ 1,675.70 Library-201 Polk Ave. City Hall-$150.43X6; Sheriff's Annex-$75.22X6; Rec Center-$75.22X6; Canaveral Park-$63.00X6; Manatee Park-$57.75X6; Facilities Pest Control Banana River Park-$57.75x6; Public Works-$144.65X6; Streets-$63.65X6; Fire Dept-$56.18x6; Five C's-$146.67x6; $ 1,005.74 6 $ 6,034.44 Cape Center- $115.22X6; B Recreation Complex Turf Applications(Liquid) $ 121.51 6 $ 729.06 Ornamental Fertilization(Liquid) $ 138.86 2 $ 277.72 7300 N Atlantic Ave. Tree Fertilization(Liquid) $ 34.71 2 $ 69.42 Herbicide Applications $ 115.50 10 $ 1,155.00 C Xeriscape Park South Side of City Hall 105 Polk Ave.between Polk and Taylor Herbicide Applications Avenues $ - 10 $ - D Veteran's Memorial Park Turf Applications(Liquid) $ 34.71 6 $ 208.26 Adjacent to Library Ornamental Fertilization(Liquid) $ 52.07 2 $ 104.14 201 Polk Ave. Herbicide Applications $ 63.42 10 $ 634.20 Page 1 of 8 Exhibit "1" City of Cape Canaveral Chemical Applications BID TAB SHEET FY 2024/25 APPLICATION AREAS(Continued) UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES YEAR E Bennix Park Turf Applications(Liquid) $ 173.59 6 $ 1,041.54 Washington Ave. Ornamental Fertilization(Liquid) $ 156.22 2 $ 312.44 (Between N.Atlantic and Rosalind Ave.) Tree Fertilization(Liquid) $ 69.44 2 $ 138.88 Herbicide Applications $ 98.13 10 $ 981.30 F Canaveral&Canaveral Beach Blvd Turf Applications(Liquid) $ 208.30 6 $ 1,249.80 Ornamental Fertilization(Liquid) $ 121.51 2 $ 243.02 Medians Only Tree Fertilization(Liquid) $ 52.07 2 $ 104.14 Herbicide Applications $ 115.50 10 $ 1,155.00 G N Ridgewood,E Central,W Central Turf Applications(Liquid) $ 416.60 6 $ 2,499.60 Ornamental Fertilization(Liquid) $ 243.01 2 $ 486.02 Tree Fertilization(Liquid) $ 69.44 2 $ 138.88 Herbicide Applications $ 271.72 10 $ 2,717.20 H Cape View Tree Line and Kindergarten Turf Applications(Liquid) $ 17.36 6 $ 104.16 Cape View Elementary School Ornamental Fertilization(Liquid) $ 17.36 2 $ 34.72 8840 Rosalind Ave. Tree Fertilization(Liquid) $ 52.07 2 $ 104.14 Herbicide Applications $ 46.06 10 $ 460.60 Page 2 of 8 Exhibit "1" City of Cape Canaveral Chemical Applications BID TAB SHEET FY 2024/25 APPLICATION AREAS(Continued) UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES YEAR I Harbor Heights Turf Applications(Liquid) $ 37.14 6 $ 222.84 Harbor Dr. Ornamental Fertilization(Liquid) $ 34.71 2 $ 69.42 (Off North Atlantic Ave.) Tree Fertilization(Liquid) $ 17.36 2 $ 34.72 Herbicide Applications $ 63.42 10 $ 634.20 J North Atlantic Avenue Turf Applications(Liquid) $ 34.71 6 $ 208.26 Ornamental Fertilization(Liquid) $ 480.24 2 $ 960.48 Tree Fertilization(Liquid) $ 480.24 2 $ 960.48 Herbicide Applications $ 433.72 10 $ 4,337.20 K Canaveral City Park and Ball Park Turf Applications(Liquid) $ 208.30 6 $ 1,249.80 Ornamental Fertilization(Liquid) $ 17.36 2 $ 34.72 7920 Orange Ave-(Top Choice-Both $ - Infields and Outfields;Playground;and, Herbicide Applications Pavilion) $ 63.42 10 $ 634.20 Turf Application Little League Infield $ 86.79 12 $ 1,041.48 Top Choice Application $ 1,272.93 1 1 $ 1,272.93 L Center Street Park and Streetscape Turf Applications(Liquid) $ 17.36 6 $ 104.16 West End of Center St. Ornamental Fertilization(Liquid) $ 104.15 2 $ 208.30 (Off N.Atlantic Ave.) Tree Fertilization(Liquid) $ 34.71 2 $ 69.42 Herbicide Applications $ 144.43 10 $ 1,444.30 Page 3 of 8 Exhibit "1" City of Cape Canaveral Chemical Applications BID TAB SHEET FY 2024/25 APPLICATION AREAS(Continued) UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES YEAR M South City Entrance Skin Turf Applications(Liquid) $ - Ornamental Fertilization(Liquid) $ 17.36 2 $ 34.72 N Atlantic Ave. Tree Fertilization(Liquid) $ 17.36 2 $ 34.72 (Between Grant Ave.and Johnson Ave.) Herbicide Applications $ 46.06 10 $ 460.60 N A1A Landscaped Areas Ornamental Fertilization(Liquid) $ 260.37 2 $ 520.74 Tree Fertilization(Liquid) $ 260.37 2 $ 520.74 Herbicide Applications $ 271.72 10 $ 2,717.20 O Patriot's Park Turf Applications(Liquid) $ 34.71 6 $ 208.26 West End of Longpoint Rd. Ornamental Fertilization(Liquid) $ 17.36 2 $ 34.72 (W side of N Atlantic Avenue) Tree Fertilization(Liquid) $ 17.36 2 $ 34.72 Top Choice-Playground Herbicide Applications $ 63.42 10 $ 634.20 Top Choice Application $ 115.72 ] 1 $ 115.72 P Columbia Drive Turf Applications(Liquid) $ 52.07 6 $ 312.42 Ornamental Fertilization(Liquid) $ - Tree Fertilization(Liquid) $ 34.71 2 $ 69.42 Herbicide Applications $ - Page 4 of 8 Exhibit "1" City of Cape Canaveral Chemical Applications BID TAB SHEET FY 2024/25 APPLICATION AREAS(Continued) UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES YEAR Q Thurm Blvd Medians Turf Applications(Liquid) $ 34.71 6 $ 208.26 Ornamental Fertilization(Liquid) $ 17.36 2 $ 34.72 Herbicide Applications $ - R Manatee Park Turf Applications(Liquid) $ 34.71 6 $ 208.26 801 Thurm Blvd(Park located on river just Ornamental Fertilization(Liquid) $ 52.07 2 $ 104.14 north of Cape Canaveral Public Works Tree Fertilization(Liquid) $ 69.44 2 $ 138.88 Facility-Top Choice-Pavilion,Exercise Trail Herbicide Applications $ 375.87 10 $ 3,758.70 and Bench Areas Top Choice Application $ 867.91 ] 1 $ 867.91 S Banana River Park Turf Applications(Liquid) $ 173.59 6 $ 1,041.54 Ornamental Fertilization(Liquid) $ 26.04 2 $ 52.08 901 Thurm Blvd-Top Choice Areas-Soccer Tree Fertilization(Liquid) $ 95.48 2 $ 190.96 Field and Playground Herbicide Applications $ 132.85 10 $ 1,328.50 Top Choice Application $ 810.04 ( 1 $ 810.04 T N City Entrance Skin A1A Turf Applications(Liquid) 6 $ - North End of Cape Canaveral on west side of Ornamental Fertilization(Liquid) $ 17.36 2 $ 34.72 Astronaut Blvd. Tree Fertilization(Liquid) 2 $ - Herbicide Applications $ 46.06 10 $ 460.60 Page 5 of 8 Exhibit "1" City of Cape Canaveral Chemical Applications BID TAB SHEET FY 2024/25 APPLICATION AREAS(Continued) UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES YEAR U N Atlantic Entrance Sign Turf Applications(Liquid) 6 $ - North end of Cape Canaveral on west side of Ornamental Fertilization(Liquid) $ 17.36 2 $ 34.72 N.Atlantic Ave.by Port Entrance Herbicide Applications $ 46.06 10 $ 460.60 V Water Reclamation Plant Turf Applications(Liquid) 6 $ - Ornamental Fertilization(Liquid) $ 34.21 2 $ 68.42 701 Thurm Blvd. Tree Fertilization(Liquid) $ 104.15 2 $ 208.30 Herbicide Applications $ - 10 $ - North and south sides of West Central Blvd W AQUATICS between Southgate Mobile Homes and Oak Manor Drive-$256.80X12=$3,081.60; Manatee Park Ponds-$42.80X12=$513.60; Water Treatment Plant Ponds- $42.80X12=$513.60 Aquatic Herbicide Application $ 359.52 12 $ 4,314.24 X Sandpiper Park Playground(Canaveral Ballpark) Turf Applications(Liquid) $ 69.44 6 $ 416.64 Y RIDGEWOOD AVE Turf Applications(Liquid) $ 258.29 6 $ 1,549.74 Ornamental Fertilization(Liquid) $ 177.05 2 $ 354.10 Ridgewood Ave. Tree Fertilization(Liquid) $ 104.15 2 $ 208.30 Herbicide Applications $ 208.07 10 $ 2,080.70 Top Choice $ - 1 $ - Aquatic Herbicide Application $ - 4 $ - Z 5 C building Turf Applications(Liquid) $ 258.29 6 $ 1,549.74 Recreation Complex Ornamental Fertilization(Liquid) $ 246.75 2 $ 493.50 Herbicide Applications $ 131.25 10 $ 1,312.50 Page 6 of 8 Exhibit "1" BID TAB SHEET GRAND TOTAL TURF AREAS I I $ 13,749.72 TOP CHOICE I I $ 3,066.60 ORNAMENTALS I I $ 5,223.41 TREES I I $ 3,257.56 HERBICIDE APPLICATION I I $ 29,042.50 AQUATIC APPLICATION I I $ 4,314.24 FACILITIES PEST CONTROL I $ 6,034.44 GRAND TOTAL OF CHEMICAL BID AREA $ 64,688.47 Page 7 of 8 Exhibit "1" VENDOR INFORMATION COMPANY NAME: Black's Spray Service,Inc COMPANY REPRESENTATIVE: Carlos Boyer,President MAILING ADDRESS: 3625 N.Courtenay Pkwy,Merritt Island,FL 32953 OFFICE-321-452-4911 PHONE: MOBILE-321-794-6096 Page 8 of 8 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • SEPTEMBER 17, 2024 AGENDA ITEM SUMMARY • ITEM # 9 Subject: Approve the Fifth Addendum to Professional Services Agreement for Mowing and Landscaping Services in the amount of $309,870.25 with U.S. Lawns of Brevard (dba Micnor Corporation) and authorize City Manager to execute same. Department: Public Works Services Summary: The City and U.S. Lawns of Brevard (U.S. Lawns) entered into a Professional Services Agreement on February 18, 2020 following a City Council approved contract for the City's Mowing and Landscaping Services on all City -owned areas, including FDOT areas in the City's rights -of -way. The Agreement between the City and U.S. Lawns allows for five (5) one-year extensions. Staff is very pleased with the services provided by U.S. Lawns. For FY2024/25, U.S. Lawns base price has increased by $8,168.93 (2.83%), from an amount of $289,125.32 in FY2023/24 to $297,294.25. Additional revisions to the scope of contracted work bring the new total to $309,870.25 for FY2023/24. This increase reflects the addition of the new Veterans Memorial Park landscaping, additional mowing services on Long Point Road, Brevard County Disposal Fee increases, adjustments of unit costs for landscaped areas at the Cape Canaveral Community Center, and some of the mowing areas to better reflect the service the City is now receiving. Landscape Services include the trimming of palms on City -owned right-of-ways, parks and properties. U.S. Lawns will continue using green products (glyphosate and nitrogen -free) for weed control throughout all City -owned landscape beds, curbs and sidewalks. Pricing for the one- year contract is included in Exhibit 1. The existing Addendum 4 Agreement will expire on September 30, 2024. The proposed Fifth Addendum to the Professional Services Agreement is attached and reflects the increased total contract amount of $309,870.25. • Original seven (7) month contract expired on September 30, 2020 and provided for five (5) one-year extensions; • Addendum 1 expired on September 30, 2021; • Addendum 2 expired on September 30, 2022; • Addendum 3 expired on September 30, 2023; • Addendum 4 will expire on September 30, 2024; • Addendum 5 extends the Professional Services Agreement for one year (from October 1, 2024 to September 30, 2025); Submitting Department Director: June Clark Attachments: Fifth Addendum for Professional Services Agreement with Exhibit "1" FY2024/25 Bid Tab Sheets Financial Impact: $309,870.25 for the Mowing and Landscaping Contract to U.S. Lawns of Brevard and funded by various City Departments; Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo City of Cape Canaveral City Council Meeting • September 17, 2024 Agenda Item # 9 Page 2 of 2 The City Manager recommends the City Council take the following actions: Approve the Fifth Addendum to Professional Services Agreement for Mowing and Landscaping Services in the amount of $309,870.25 with U.S. Lawns of Brevard (dba Micnor Corporation) and authorize City Manager to execute same. Approved by City Manager: Todd Morley FIFTH ADDENDUM TO U.S. LAWNS OF BREVARD PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered this day of , 2024 by and between the CITY OF CAPE CANAVERAL, a Florida municipal corporation, whose principal address is 100 Polk Avenue, Cape Canaveral, Florida 32920 ("City"), and U.S. LAWNS OF BREVARD (DBA MICNOR CORPORATION), a Florida corporation, whose principal address is 374 Commerce Parkway, Rockledge, Florida 32955 ("Contractor"). WITNESSETH: WHEREAS, the City and Contractor previously entered into the February 18, 2020 "U.S. Lawns of Brevard Professional Services Agreement" ("Agreement") following an award of the City's "Mowing/Maintenance of City Landscaped Areas, Rights -of -Way, Water Reclamation Plant, and Lift Stations and Mowing/Slope Mowing of the Central Ditch" contract to Contractor; and WHEREAS, the agreement is scheduled to terminate on September 30, 2024; and WHEREAS, the parties mutually desire to extend the term of the Agreement as set forth herein; and WHEREAS, this Agreement is in the best interests of the health, safety and welfare of the citizens of the City of Cape Canaveral; and NOW THEREFORE, in consideration of the mutual promises contained herein, the City and Contractor hereby agree as follows: ARTICLE 1 — RECITALS The foregoing recitals are hereby deemed true and correct and are hereby incorporated herein by this reference. ARTICLE 2 — EXTENSION OF TERM The City and Contractor hereby agree to extend the term of this Agreement for one (1) year, commencing on October 1, 2024 and terminating at midnight on September 30, 2025. The parties shall have the option to extend the term of this Agreement for two (2) additional one (1) year periods. Any such extension shall be by mutual written agreement of all parties and shall be executed no less than ninety (90) days prior to the expiration of this Agreement's current term. ARTICLE 3 — SCOPE OF SERVICES Contractor shall do, perform, deliver and carry out, in a professional manner, the types of services as set forth in Exhibit 1, Scope of Services, attached hereto and fully incorporated herein by this reference. ARTICLE 4 — PAYMENT OF CONTRACTOR The City shall pay to Contractor $ 309,870.25 for mowing and maintenance of certain landscaped areas of the City and of the Central Ditch, as described in Exhibit 1, Scope of Services. The Contractor will invoice the City on a monthly basis. This is a not -to -exceed price Agreement. Fifth Addendum to Professional Services Agreement City of Cape Canaveral/U.S. Lawns of Brevard Page 1 of 2 Invoices received from the Contractor pursuant to this Agreement shall be reviewed and approved by the Agreement Administrator, indicating that the services being invoiced are in conformity with the Agreement. The invoices shall be sent to the Finance Department for payment. Payments shall be processed consistent with the Florida Local Government Prompt Payment Act. ARTICLE 5 — NOTICE All notices required in the Agreement shall be sent by certified mail, return receipt requested, and if sent to the City, shall be mailed to: June Clark, Public Works Services Director City of Cape Canaveral PO Box 326 Cape Canaveral, Florida 32920 And if sent to the Contractor, shall be mailed to: Copy to: Todd Morley, City Manager City of Cape Canaveral PO Box 326 Cape Canaveral, Florida 32920 Brandon Silverstein, Owner U.S. Lawns of Brevard 374 Commerce Parkway Rockledge, Florida 32940 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. Attest: By: Mia Goforth, City Clerk WITNESSES: Print Name: Print Name: CITY: City of Cape Canaveral, Florida, a Florida municipal corporation. By: Todd Morley, City Manager CONTRACTOR: U.S. Lawns of Brevard, a Florida corporation. By: Print Name: Title: Fifth Addendum to Professional Services Agreement City of Cape Canaveral/U.S. Lawns of Brevard Page 2 of 2 Exhibit "1" City of Cape Canaveral Mowing and Landscape Maintenance Bid #2020-01 TAB SHEET Revised 2024-25 for Inflation BID AREA I TIMES PER UNIT COST TOTAL COST ADDRESS/NOTES LANDSCAPED AREAS YEAR City Hall,Cape Center,BCSO,Canaveral City Hall-100 Polk Ave. A Fire and Rescue,Community and Economic Development,Library BCSO Precinct- 111 Polk Ave. Mowing Operations $ 236.26 44 $ 10,395.44 Hedge Trimming $ 374.92 12 $ 4,499.04 Canaveral Fire and Rescue-190 Jackson Ave. Weed Spraying $ 46.03 12 $ 552.36 Cape Center- 105 Polk Ave. Palm Trimming(57-[45 IM;12 Lib]) $ 26.75 57 $ 1,524.75 Library-201 Polk Ave. B Recreation Complex Mowing Operations $ 202.59 44 $ 8,913.96 7300 N.Atlantic Ave.(SR A1A) Hedge Trimming $ 327.18 12 $ 3,926.16 Palm Trimming(20) $ 26.75 20 $ 535.00 C Xeriscape Park Mowing Operations $ 46.60 44 $ 2,050.40 South Side of Cape Center Hedge Trimming $ 83.06 12 $ 996.72 (105 Polk Ave.)between Polk and Taylor Ave. Palm Trimming(4) $ 26.75 4 $ 107.00 D Veteran's Memorial Park Mowing Operations $ 81.03 44 $ 3,565.32 Adjacent to Library Hedge Trimming $ 230.64 12 $ 2,767.68 (201 Polk Ave.) Palm Trimming(6) $ 26.75 6 $ 160.50 E Bennix Park Mowing Operations $ 78.67 44 $ 3,461.48 Washington Ave.North Side Hedge Trimming $ 201.61 12 $ 2,419.32 (Between Poinsetta Ave.and Rosalind Ave.) Palm Trimming(30) $ 26.75 30 $ 802.50 F Canaveral&Canaveral Beach Blvds. (Medians Only) Mowing Operations $ 118.02 44 $ 5,192.88 Hedge Trimming $ 226.20 12 $ 2,714.40 Palm Trimming(98) $ 26.75 98 $ 2,621.50 Page 1 of 8 Exhibit "1" BID AREA I (Continued) TIMES PER UNIT COST YEAR TOTAL COST ADDRESS/NOTES LANDSCAPED AREAS East Central Blvd. G (Medians Only) and West Central Blvd. (Medians and Tree Lines) Mowing Operations $ 245.86 44 $ 10,817.84 Hedge Trimming $ 152.44 12 $ 1,829.28 Palm Trimming(106) $ 26.75 106 $ 2,835.50 H Cape View Elementary Tree Line and Kindergarten Cape View Elementary School Mowing Operations $ 49.17 44 $ 2,163.48 (8840 Rosalind Ave.) Palm Trimming(17) $ 26.75 17 $ 454.75 Harbor Heights (Medians Only) Mowing Operations $ 39.34 44 $ 1,730.96 Harbor Dr. Hedge Trimming $ 68.85 12 $ 826.20 (Off N.Atlantic Ave.) Palm Trimming(4) $ 26.75 4 $ 107.00 J N.Atlantic Ave. SR A1A/N.Atlantic to Welcome Sign North End of N Mowing Operations $ 63.93 44 $ 2,812.92 Atlantic Ave.by Port Hedge Trimming $ 73.77 12 $ 885.24 K Canaveral City Park and Ball Park Mowing Operations $ 295.03 44 $ 12,981.32 Infield Mowing $ 59.01 $ 7920 Orange Ave. Hedge Trimming $ 314.85 12 $ 3,778.20 Palm Trimming(144) $ 26.75 144 $ 3,852.00 Aeration,Top Dressing,and Verticutting $ 3,005.00 1 $ 3,005.00 L Center Street Park and Streetscape Mowing Operations $ 49.17 44 $ 2,163.48 West End of Center St. Hedge Trimming $ 57.04 12 $ 684.48 (Off N.Atlantic Ave.) Palm Trimming(19) $ 26.75 19 $ 508.25 M South City Entrance Sign SR A1A Mowing Operations $ 35.40 44 $ 1,557.60 (Northeast Corner Including Palm Tree Area Parallel to Hedge Trimming $ 57.04 12 $ 684.48 Grant Ave.) Palm Trimming(9) $ 26.75 9 $ 240.75 Page 2 of 8 Exhibit "1" BID AREA I (Continued) TIMES PER UNIT COST YEAR TOTAL COST ADDRESS/NOTES LANDSCAPED AREAS N SR A1A Landscaped Easement Areas Christ Lutheran Church-7511 N.Atlantic Ave. Center St.-7077 N.Atlantic Ave.(Two Areas North and Mowing Operations $ 216.36 44 $ 9,519.84 g u f ep C g{ gR q Hedge Trimming 12 Area Immediatelly North of 6395 N.Atlantic Ave.and $ 175.06 $ 2,100.72 South of Cane Shores Dr. Palm Trimming(35) $ 26.75 35 $ 936.25 6121 N.Atlantic Ave. O Patriot's Park East End of Longpoint Rd. (West Mowing Operations $ 59.01 44 $ 2,596.44 Side of N.Atlantic Ave.) Palm Trimming(21) $ 26.75 21 $ 561.75 P Columbia Drive(Medians Only) Mowing Operations $ 83.59 44 $ 3,677.96 Medians Only Hedge Trimming $ 201.61 12 $ 2,419.32 Palm Trimming(9) $ 26.75 9 $ 240.75 Q Thurm Boulevard(Medians Only) Mowing Operations $ 83.59 44 $ 3,677.96 Medians Only Hedge Trimming $ 127.85 12 $ 1,534.20 Palm Trimming(14) $ 26.75 14 $ 374.50 R Manatee Sanctuary Park Mowing Operations $ 295.03 44 $ 12,981.32 701 Thurm Blvd.(Park Is Located on River Just North of Palm Trimming(260) $ 26.75 260 $ 6,695.00 Water Reclamation Facility) Edging of Exercise Trail $ 34.42 12 $ 413.04 S Banana River Park 901 Puerto Del Rio Dr.Soccer Field and Park Area Mowing Operations $ 126.03 44 $ 5,545.32 Including Canoe Launch Area Palm Trimming(38) $ 26.75 38 $ 1,016.50 T North City Entrance Sign A1A Mowing Operations $ 39.34 44 $ 1,730.96 North End of Cape Canaveral on West Side of Astronaut Hedge Trimming $ 49.17 12 $ 590.04 Blvd. Palm Trimming(6) $ 26.75 6 $ 160.50 Page 3 of 8 Exhibit "1" BID AREA I (Continued) TIMES PER UNIT COST YEAR TOTAL COST ADDRESS/NOTES LANDSCAPED AREAS U N.Atlantic Ave.Entrance Sign North End of Cape Canaveral on West Side of N.Atlantic Mowing Operations $ 39.34 44 $ 1,730.96 Ave.by Port Entrance Palm Trimming(14) $ 26.75 14 $ 374.50 V Ridgewood Ave. MowingOperations Redevelopment Project Parallel to Oceanfront from East p $ 293.76 44 $ 12,925.44 a TrimmingCentral Blvd.to Johnson Ave. Hedge $ 278.57 12 $ 3,342.84 Palm Trimming(106) $ 26.75 106 $ 2,835.50 W International Dr. International Drive Mowing Operations $ 90.18 44 $ 3,967.92 BID AREA II TIMES PER UNIT COST YEAR TOTAL COST ADDRESS/NOTES RIGHTS-OF-WAY A N.Atlantic Ave. North Entrance Sign to Landscaped Triangle Area Mowing Operations $ 288.70 44 $ 12,702.80 (Undeveloped Areas Only) Palm Trimming(61) $ 26.75 61 $ 1,631.75 East Central Blvd.-From N.Atlantic Ave. B East to Ridgewood Ave. Mowing Operations $ 260.62 24 $ 6,254.88 (Undeveloped Areas Only) Palm Trimming(60) $ 26.75 60 $ 1,605.00 West Central Blvd.-From Thurm Blvd East C to N.Atlantic Ave. Mowing Operations $ 114.08 24 $ 2,737.92 (Undeveloped Areas Only) Palm Trimming(39) $ 26.75 39 $ 1,043.25 D Beach End Streets(Harbor Heights to Johnson Ave.) Mowing Operations $ 162.28 24 $ 3,894.72 E Harbor Heights/Harbor Dr.Stormwater Retention Harbor Dr.(Off N.Atlantic Ave.)Cul de Sac Area at East Mowing Operations $ 64.91 24 $ 1,557.84 End Palm Trimming(15) $ 26.75 15 $ 386.25 F Oak Lane ROW on Both Sides of Roadway Mowing Operations $ 64.91 24 $ 1,557.84 G SR A1A East Side and West Side(Undeveloped Areas Only) Page 4 of 8 Exhibit "1" Mowing Operations I $ 236.80 I 44 $ 10,419.20 H Thurm Blvd. From SR A1A on East Side to West Central Blvd.on North Mowing Operations $ 324.54 24 $ 7,788.96 Side(To the Wall of Discovery Bay Development) Palm Trimming(32) $ 26.75 32 $ 856.00 Page 5 of 8 Exhibit "1" BID AREA II(Continued) UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES YEAR I Church Lane Mowing Operations $ - 0 $ - I Jefferson/Poinsettia Ave. Right-of-way Along Undeveloped Lot. Mowing Operations $ 34.42 24 $ 826.08 J Washington/Poinsettia Ave. Right-of-way Along Undeveloped Lot. Mowing Operations $ 34.42 24 $ 826.08 K Madison/Magnolia Ave. Right-of-way Along Undeveloped Lot. Mowing Operations $ 32.46 24 $ 779.04 L Buchanan/Orange Ave. Right-of-way Along Undeveloped Lot. Mowing Operations $ 32.46 24 $ 779.04 M Canaveral Blvd. Right-of-way on the North Side of Canaveral Blvd.in Mowing Operations $ 49.17 24 $ 1,180.08 Front of Gated Development. BID AREA III WATER RECLAMATION FACILITY AND LIFT UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES STATIONS YEAR A Water Reclamation Facility _ 601 Thurm Blvd. Mowing Operations $ 505.94 44 $ 22,261.36 B Lift Stations See Attached List and Map for Locations. Mowing Operations $ 229.47 44 $ 10,096.68 BID AREA IV UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES YEAR A Central Ditch LOCATION:North and South of West Central Blvd.from Mowing Operations 12 $ 737.59 $ 8,851.08 Port to SR A1A. B Stormwater Pond-Manatee Park LOCATION:701 Thurm Blvd. Mowing Operations $ 108.18 I 44 I $ 4,759.92 C Stormwater Ponds-Plant Mowing Operations $ 90.69 I 44 I $ 3,990.36 LOCATION: 601 Thurm Blvd. D Stormwater Easement LOCATION:8893 N.Atlantic Ave. Mowing Operations $ 546.36 I 1 I $ 546.36 Page 6 of 8 Exhibit "1" I E I Long Point Rd-Easement LOCATION:260 Long Point Rd Mowing Operations $ 1,956.00 I 4 I $ 7,824.00 Page 7 of 8 Exhibit "1" BID AREA V UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES YEAR A Code Enforced Empty Lots.ROWs and Abandoned Residential Lots $ 1,639.09 I 1 I $ 1,639.09 BID #2020-01 TAB SHEET GRAND TOTAL BID AREA I - LANDSCAPED AREAS I $ 193,074.67 I BID AREA II - RIGHTS-OF-WAY $ 56,826.73 I BID AREA III -WATER RECLAMATION FACILITY AND LIFT STATIONS $ 32,358.04 BID AREA IV - MOWING/SLOPE MOWING OF CENTRAL DITCH AND OTHER AREAS $ 25,971.72 BID AREA V- MISCELLANEOUS MOWING PER REQUEST $ 1,639.09 GRAND TOTAL OF BID AREAS I, II, III AND IV $ 309,870.25 ALL BID AREAS - PALM TRIMMING $ 32,080.75 VENDOR INFORMATION NOTES: COMPANY NAME: U.S.Lawns of Brevard COMPANY REPRESENTATIVE: Brandon Silverstein MAILING ADDRESS: 374 Commerce Pkwy.Rockledge,Fl. 32955 OFFICE PHONE: 321-636-0655 MOBILE PHONE: 321-863-7697 Page 8 of 8 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • SEPTEMBER 17, 2024 AGENDA ITEM SUMMARY • ITEM # 10 Subject: Approve FY 2023/24 City Budget expenditure of a total amount not to exceed $76,900 to Kimley-Horn and Associates, Inc., for engineering/design costs associated with the Presidential Streets improvements for stormwater remediation outside the CRA boundary. Department: Community Redevelopment Agency (CRA) Summary: At its September 17, 2024, meeting, the Cape Canaveral Community Redevelopment Agency (CRA) will consider a FY 2023/24 CRA Budget expenditure of a total amount not to exceed $223,000 and may recommend to City Council to approve FY 2023/24 City Budget expenditure of a total amount not to exceed $76,900 to Kimley-Horn and Associates, Inc., (KHA) for engineering/design costs associated with the Presidential Streets improvements for stormwater remediation outside the CRA boundary, from Ridgewood Avenue to the beach. As outlined in the attachment, KHA proposes to complete construction documents, communication with abutting property owners, permitting, and construction oversight at $223,000 for Fillmore Avenue within the CRA boundary, plus $76,900 outside the CRA boundary, for a grand total of $299,900 combined. Staff will report the action of the CRA to the City Council upon hearing of this item. Submitted by: Brianna Soat Attachment: Kimley-Horn and Associates, Inc., Proposal for Fillmore Avenue Financial Impact: Staff time and effort to prepare this agenda item and $76,900 funded through contingency funds within the City's FY 2023/24 General Fund Budget. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following actions: Approve FY 2023/24 City Budget expenditure of a total amount not to exceed $76,900 to Kimley-Horn and Associates, Inc., for engineering/design costs associated with the Presidential Streets improvements for stormwater remediation outside the CRA boundary. Approved by City Manager: Todd Morley Kimley»>Horn July 12, 2024 Revised July 19, 2024, September 3, 2024 Todd Morley City Manager City of Cape Canaveral 110 Polk Avenue Cape Canaveral, FL 32920 Re: City of Cape Canaveral Fillmore Avenue Cape Canaveral, Florida Dear Mr. Morley: Kimley-Horn and Associates, Inc., ("Kimley-Horn" or "the Consultant") is pleased to submit this Scope and Fee Proposal for professional design services to the City of Cape Canaveral ("City" or "the Client") for the reconstruction of Fillmore Avenue between A1A and the beach ("Plan", or "the Project") within the City owned Right of Way. Our project understanding, scope of services, and fees are described below. PROJECT UNDERSTANDING Kimley-Horn understands the Client would like to re -construct ±2,070 LF of Fillmore Avenue to upgrade the drainage system, replace the sanitary sewer system, extend reclaim water lines and improve the pedestrian walkability of the roadway. See Exhibit 1 for the conceptual design and Exhibit 2 for the conceptual typical section. We understand construction document design services are required for the development of streetscape improvements for Fillmore Avenue, as well as integrating Low Impact Development (LID) streetscape themes and materials into portions of the Right -of -Way (ROW). Kimley-Horn understands the Client would like to construct underground stormwater exfiltration systems under Fillmore Avenue to provide treatment and additional storage for the Center Street stormwater basin. Kimley-Horn has assumed the following in preparation of this proposal: • The Fillmore Project will be performed as one (1) phase for the entire ±2,070 LF length. Approximately 1,540 LF of Fillmore Avenue ROW is in the CRA boundary and east of Ridgewood /Approximately 540 LF of Fillmore Avenue ROW is outside the CRA boundary. • Reconstruction limits for cross -streets will only be for the limits required to improve the intersections. However, analysis will be performed to ensure improvement gaps are not left isolated for future Presidential Street improvements. • The Client will coordinate how private property (driveways, mailboxes, etc.) within the Right -of - Way impacted by the construction will be replaced. • A FDOT drainage permit will not be required. • Any potable watermain and lateral modifications will be permitted through the City of Cocoa and IS NOT included in this scope. • Reclaim watermain extensions/ modifications will be permitted through the City of Cape Canaveral and IS included in this scope. • Individual meetings with private property owners are not included in this scope. • Underground exfiltration locations and volumes will be dependent on the Seasonal High Groundwater Table and geotechnical borings. • The existing vitrified clay sanitary sewer pipe will be reconstructed. • Raised intersections will be incorporated. kimley-horn.com 200 South Orange Avenue, Suite 600, Orlando, FL 32801 407 898 1511 Kimley»>Horn Page 2 • FDOT standard Construction Engineering and Inspection services are not included. • Subconsultants for survey (Kuglemann Land Surveying, Inc/"KLS".), geotechnical (Universal Engineering Sciences, LLC/"UES") and Subsurface Utility Engineering (SUE)(ECHO UES, Inc./ "ECHO") services will be utilized. Exhibit 1 Permeable Pavers o. "• Underground Exfiltration Shared rear _ _ �I Use Path Landscape/Sod L.I.D. Rain Garden Shared }F & Tree Well Use Path 1fl illt Reconstructed Shared :dl Sanitary Sewer Use Path L.I.D. Rain Garden &Tree Well t V.1 A rVBE�usv..vi si.ru.'��ltrs '-i.en Exhibit 2 Rain Garden Ei _ICI, Prr.AE1E ,,A „E FEW Fillmore Avenue Typical Section LEGEND PERMEABLE PAVERS L.I D. RAIN GARDEN & TREE WELL SOD UNDERGROUND ENRLTRATION RECONSTRUCTED SANITARY SEWER 2' VALLEY currrT SIABlIZEOSUBAIME . xncrEv suarun 7V 1' GUTTER Exfiltration Examples kimley-horn.com 200 South Orange Avenue, Suite 600, Orlando, FL 32801 407 898 1511 Kimley»>Horn SCOPE OF SERVICES Task 1 — Fillmore Avenue Plans Page 3 Kimley-Horn will perform the horizontal and vertical geometric design for the reconstruction of ±2,070 LF of two-lane, undivided, urban roadway with secondary stormwater system upgrades, underground stormwater systems, Low Impact Development (LID) streetscape, a shared use path and sanitary sewer reconstruction as shown in Exhibits 1 and 2 and previously described within this Agreement. The roadway plans will be prepared in accordance with the FDOT Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Street and Highways (Florida Greenbook) and the FDOT Standard Plans. The construction plans will be prepared on 24"x36" sheets. Cover Sheet The cover sheet includes plan contents, vicinity map, legal description and team identification. Existing Conditions This sheet will include and identify the required demolition of the existing items to be cleared, demolished and/or removed prior to construction of the proposed site and facilities improvements. It will also include the boundary and topographic survey. Stormwater Pollution Prevention Plan This sheet will include and identify stormwater best management practices for the construction of the proposed site including erosion and sedimentation control measures. This sheet will also show stormwater management areas, applicable details, and specifications. Typical Sections Typical section(s) will depict the edge of roadway, on -street parking, pedestrian walkways, landscape areas, underground stormwater systems and other elements within the right-of-way. Roadway Plan and Profile The construction plan and profile sheets will be prepared at a horizontal scale of 1" = 20'. The plans will be prepared based on topographic and geotechnical information. Cross -sections Cross sections will be developed at 50-foot intervals along the centerline of the roadway at a scale of 1" = 20' horizontal and 1" = 10' vertical. Existing underground utilities will be shown based on information provided by the utility companies or as identified in the utility survey. Maintenance of Traffic (MOT) FDOT standard details for Maintenance of Traffic will be provided for the basis of Temporary Traffic Control Plans. Detailed Temporary Traffic Control Plans are not a part of this task. Landscape Plans Code -required Tree Protection and Landscape Planting Plan will be provided and include identification of trees to be preserved, protection and/or removed, areas to receive required landscape materials, plant list with location and spacing, grassing, seeding/sodding designation plan and plant details to meet City of Cape Canaveral standards. Any tree mitigation requirements will be accommodated off site or on other city properties. Irrigation Plans Fully piped Irrigation Plan and Details will be provided and include plan illustrating existing meter, backflow, controller, rain sensor, main line extension, irrigation head layout, quick coupler valves (if kimley-horn.com 200 South Orange Avenue, Suite 600, Orlando, FL 32801 407 898 1511 Kimley»>Horn Page 4 desired) and other appurtenances for an irrigation system for the site and the code required landscape plantings. Consultant will coordinate with the City to include Owner provided appurtenances within the contract documents. Run time schedules, critical analysis schedules, and fully piped / designed irrigation plans will be included in this Task. Hardscape Plans and Details Kimley-Horn will prepare plans showing the location of hardscape features such as sidewalks, specialty paving, and detail callouts custom features. These plans may also identify and locate shade structures, vertical structures, and signage. Kimley-Horn will prepare detail sheet(s) for use in the construction of the hardscape and landscape elements for those items shown on the Hardscape Plans. • Raised Intersection Details • Pedestrian and Specialty Paving Details • Accent/ Seating Walls • Design intent sections to illustrate grade changes, planter wells, and other vertical elements limited to three (3) • Cut sheets and coordination with owner on site furnishings: pots, bike racks, litter receptacles, benches, bollards, and tree grates Engineer's Opinion of Probable Cost This task includes developing an opinion of probable construction cost ("OPC") at the 30% submittal which will be updated at the 90%, and Final completion. Because Kimley-Horn does not control the cost of labor, materials, equipment or services furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to the costs of construction and materials, are made solely based on its judgment as a professional familiar with the industry. Kimley-Horn cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. The final deliverable for this task will be a conformed set of construction plans with FDOT and City specifications for bidding purposes. Comprehensive construction engineering and inspection per FDOT guidelines, are not included in this task and can be performed as an additional service if required. Task 2 —Drainage Analysis The Consultant will design a drainage and stormwater management system in accordance with City of Cape Canaveral and SJRWMD standards. The work will include the engineering analyses for the following: Drainage Map Hydrology Create a (pre and/or post condition) working drainage basin map to be used in defining the system hydrology. This map will incorporate drainage basin boundaries, survey information provided by Client, existing drainage basin files from others (Meade and Hunt/City of Cape Canaveral Center Street ICPR Model) existing survey and/or LiDAR and field observations, as necessary, to define the system. Basin delineations will also include applicable existing collection systems to aid in the development of the hydraulic model. This task includes coordination hours needed to convey drainage hydrologic features onto produced drainage maps. Design of Stormwater Management Facility Design stormwater management facilities to meet requirements for stormwater quality treatment and attenuation. Develop proposed underground exfiltration layout (contributing drainage basin, shape, volumes, tie-ins, etc.), perform routing, pollutant/nutrient loading calculations, recovery calculations and kimley-horn.com 200 South Orange Avenue, Suite 600, Orlando, FL 32801 407 898 1511 Kimley»>Horn Page 5 design the outlet control structure. Analyze impact of the new Stormwater Management facility on the overall "Center Street Basin". Design of Storm Drains Delineate contributing drainage areas, determine runoff, inlet locations, and spread. Calculate hydraulic losses (friction, utility conflict and, if necessary, minor losses). Determine design tailwater and, if necessary, outlet scour protection. Drainage Design Documentation Report Compile drainage design documentation into report format. Include documentation for the drainage design tasks and associated meetings and decisions, not included in stand-alone reports. Task 3 — Utility Coordination Kimley-Horn will perform utility coordination services for the Road improvements. This task includes the following services. • Complete a Sunshine One Call Ticket and perform a field review • Make utility contacts with Utility Agency Owners ("UAOs") during the design of the Project at 30%, 60% and 90% submittals. • Coordinate and attend one (1) utility design meeting • Collect and review utility marked plans and work schedules from UAOs • Utility coordination and follow up with UAOs • Utility constructability review only as it relates to the roadway construction plans • 100% plans submittal to UAOs • Utility certification/closeout package containing utility response documents, final utility work schedules and close-out letters. Task 4 — Agency Permitting Kimley-Horn shall prepare and submit on the Owner's behalf required permitting packages for review/approval of construction documents, and attend meetings required to obtain the following agency approvals: • City of Cape Canaveral • St. Johns River Water Management District Environmental Resource Permit Modification • FDEP Water & Wastewater • FDOT (Access) • Support Contractor with necessary permit information to apply for FDEP NPDES NOI Permit (if necessary) Kimley-Horn understands that the City of Cocoa may require modifications to their potable watermain to be contracted through them. City of Cocoa permitting is not included with this task and how it will be contracted is dependent on the coordination performed in Task 3. Kimley-Horn will monitor and respond to agency comments, and revise plans and design documents accordingly, to expedite permit issuance. Kimley-Horn will coordinate the revisions with the project team. Responding to requests for additional information beyond what is normal and customary, and responding to permitting issues beyond our control are outside of this scope of services and will be provided, as needed, as an Additional Service only after prior written authorization by Owner. Efforts to respond to issues raised during the permitting process, which cannot currently be anticipated, shall be considered Additional Services. Any permitting through agencies not listed above, or any additional kimley-horn.com 200 South Orange Avenue, Suite 600, Orlando, FL 32801 407 898 1511 Kimley»>Horn permits through those listed above, shall be considered an Additional Service. Task 5 — Protect Manual Assistance Page 6 Utilizing Client provided front end documents and contract language, Kimley-Horn shall develop a complete Project Manual consisting of the following: a) Cover b) Table of Contents c) Division 0 (modifications pertaining to the project only including Bid Form) d) Division 1 (modifications pertaining to the project only) e) Division 2-16 — all specs will be provided on plan sheets or provide in CSI format for inclusion into the Project Manual if not on the plan sheets or by reference to City and/or FDOT standard specifications. Kimley-Horn will provide a draft set of front-end docs and Project Manual for City review, make one (1) round of comments and provide a final PDF and electronic copy of all Word Documents for City use. Task 6 — Meetings/Presentations Kimley-Horn will attend meetings as requested by the Client and initiate coordination meetings as needed to support the design process. The following meetings will be attended as part of the Task 1 design process: a) Up to five (5) City / project team meetings with City staff to review project plans and coordinate design. b) Up to two (2) meeting with St. Johns River Water Management District agency for permitting coordination. c) Up to two (2) meetings/workshops with City Council for presenting the 30% and 90% plans. This workshop will be open to the public but not for specific public engagement alone. Task 7 — Bidding Services Kimley-Horn will be available to provide bidding services prior to the start of construction, as requested. These services will include the following: a) Prepare a bid form for insertion into the contract manual outlining major components of the work and associated quantities for a unit price bid. b) Assist the City in issuing bid packages for the submittal of quotations to perform the work c) Prepare one (1) addendum based on bidder questions. d) Tabulate the bids received and evaluate the compliance of the bids received with the bidding documents. Consultant will prepare a written summary of this tabulation and evaluation. Task 8 — Construction Phase Services Kimley-Horn will be available to provide construction phase services, as requested. One hundred (100) staff -hours are included in this task. These services may include but not be limited to: kimley-horn.com 200 South Orange Avenue, Suite 600, Orlando, FL 32801 407 898 1511 Kimley»>Horn Page 7 Pre -Construction Conference Consultant will attend one (1) two-hour Pre -Construction Conference prior to commencement of construction activity. Visits to Site and Observation of Construction. Consultant will provide limited on -site construction observation services during the construction phase. Consultant will make visits at intervals as directed by Client in order to observe the progress of the Work. Consultant has anticipated up to one (1) site visit/meeting per 2-week period (on average) during the anticipated 26-week (6 months) construction period. This Task includes review of as -built documents for final certification of stormwater chambers and weir adjustments provided by the Contractor and Certification of Completion as required by the city. Such visits and observations by Consultant are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress. Observations are to be limited to spot checking, selective measurement, and similar methods of general observation of the Work based on Consultant's exercise of professional judgment. Based on information obtained during such visits and such observations, Consultant will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Documents, and Consultant will keep Client informed of the general progress of the Work. The purpose of Consultant's site visits will be to enable Consultant to better carry out the duties and responsibilities specifically assigned in this Agreement to Consultant, and to provide Client a greater degree of confidence that the completed Work will conform in general to the Contract Documents. Consultant shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work, nor shall KHA have authority over or responsibility for the means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor's work, nor for any failure of Contractor to comply with laws and regulations applicable to Contractor's furnishing and performing the Work. Accordingly, Consultant neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. Recommendations with Respect to Defective Work. Consultant will recommend to Client that Contractor's work be disapproved and rejected while it is in progress if, on the basis of such observations, Consultant believes that such work will not produce a completed Project that conforms generally to Contract Documents. Clarifications and Interpretations. Consultant will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents to Client as appropriate to the orderly completion of the work. Any orders authorizing variations from the Contract Documents will be made by Client. Change Orders. Consultant may recommend Change Orders to Client and will review and make recommendations related to Change Orders submitted or proposed by the Contractor. kimley-horn.com 200 South Orange Avenue, Suite 600, Orlando, FL 32801 407 898 1511 Kimley»>Horn Page 8 Shop Drawings and Samples. Consultant will review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit for site civil and landscape elements, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. Substitutes and "or -equal." Consultant will evaluate and determine the acceptability of substitute or "or -equal" materials and equipment proposed by Contractor in accordance with the Contract Documents, but subject to the provisions of applicable standards of state or local government entities. Unreasonable requests for substitutes may be subject to additional services. Limitation of Responsibilities. Consultant shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing the Work. Consultant shall not have the authority or responsibility to stop the work of any Contractor. Task 9 — Electrical Engineering Kimley-Horn, utilizing a subconsultant (Cabral Engineering, Inc.) will provide the following basic scope of services: a) One site visit to identify possible electrical sources and existing conditions. b) FPL streetlighting based on City tariff/lease program. Assist owner as required in researching solar alternatives. c) Street lighting layout and photometrics for pedestrian scale lighting that may also support roadway requirements to meet city Footcandle standards. Should there be a need to serve the electrical systems herein designed from existing electrical panels/transformer/services, the CLIENT/OWNER shall provide existing single line diagrams and panel schedules. Per NEC code, connecting to existing panels requires documentation showing one year of peak load data, or at least 30 days of metered 15-minute incremental panel peaks. Should this metering be required, the CLIENT/OWNER shall, at their own expense, contract an electrician to install and read the required meters for at least 30 days and provide a spreadsheet with the resulting data to CEI. This scope does not include pumping design for water features. If metering is required to tie into existing electrical panels, the metering costs will be billed directly to CLIENT. General Description of Services: a) Provide Construction documents for the project as defined above. b) Drawings will be produced using Autodesk software. Backgrounds will be provided by the architect and plans will be developed using CEI standard methodology. Backgrounds will be "frozen" within two weeks of each deliverable to allow time for coordination and quality control. c) Deliverables will be provided in electronic format. 60% Construction Documents — Scope of Work: a) Preliminary Lighting Plans kimley-horn.com 200 South Orange Avenue, Suite 600, Orlando, FL 32801 407 898 1511 Kimley»>Horn b) Preliminary Power Riser diagram 100% Construction Documents — Scope of Work: a) Final Lighting and Power Plans b) Final Lighting schedules and cutsheets c) Panel schedules, Final Riser diagram, Electrical Details and Specifications. Task 10 — Geotechnical Engineering Kimley-Horn, utilizing a subconsultant (UES) will provide the following basic scope of services: Page 9 Field Services Drill eleven (11) Standard Penetration Test (SPT) borings to a depth of 10 feet below existing land surface (bls) for the reconstruction of Fillmore Avenue. Laboratory Services Eight (8) wash #200 sieve tests to determine silt/clay content of the soils Engineering Services Engineering Analysis and Geotechnical Report including a description of the subsoils encountered, our estimates of the typical wet season high groundwater level at the boring locations, and general recommendations concerning the anticipated soil support characteristics for the proposed roadway reconstruction. Task 11 — Surveying Services Kimley-Horn, utilizing a subconsultant (KLS) will establish right-of-way lines of Fillmore Avenue corridor from Poinsetta Avenue east to the Dune crossing using recorded subdivision plats. The design team will utilize the previous survey from AIA to Poinsetta as provided by KLS for the Civic Hub design work. The topographic survey of approximately 2000 linear feet of roadway will include all aboveground improvements within the corridor and cross sections at 50-foot intervals with a 15-foot overlap beyond right of way lines and 75 feet up and down each cross street. Also shown will be any other spot elevations needed to depict storm drain runoff, (i.e. curb cuts, and storm water control structures with pipe sizes, types and inverts) to inform the design. KLS shall establish a design ticket with Sunshine 811 and provide all utility personnel and contact information provided by Sunshine 811. Any underground utilities marked by others will be shown on the survey. Task 12 — Subsurface Utility Engineering Services Kimley-Horn, utilizing a subconsultant (ECHO) will provide a combination of field investigative techniques and technology, including surface geophysical instruments (e.g. GPR, pipe/cable locators) and vacuum excavation if needed. ECHO will perform the following services. a) Identification and marking of existing utilities. Utilities potentially in conflict with the project and located within the project limits will be investigated in an attempt to identify their position. The results will be marked on the ground surface using the most appropriate method (i.e. pin flags, paint etc.) and showing the approximate position of the identified utilities. b) ECHO will attempt to identify and mark detectable utilities located within the project limits, with the exclusion of irrigation lines, services lines and gravity (sanitary and storm) lines. c) Verification of utility location and characteristics — "potholing". ECHO has included up to twenty (20) locations within the corridor with a minimum of five (5) requested per mobilization. At specific locations, ECHO will attempt to expose utilities via minimally intrusive methods (e.g. use of vacuum excavation) to confirm their characteristics (e.g. type, size, material, direction, configuration) and provide an accurate location. At completion of each excavation (test hole) kimley-horn.com 200 South Orange Avenue, Suite 600, Orlando, FL 32801 407 898 1511 Kimley»>Horn Page 10 ECHO will record all verifiable utility information, mark the utility location with the most appropriate method (e.g. wooden lathes, "X" mark on concrete, disc and nail on asphalt) and restore the field to as close as possible to its original conditions. Utility Survey a) Set/recover horizontal and vertical control throughout the project corridor to collect the subsurface utility engineering information. b) Collect utility information as identified per steps above. c) All survey efforts will be conducted in accordance with the Standards of Practice set forth in Rule Chapter 5J-17, F.A.C., pursuant to Section 472.027, F.S. Deliverables: a) Field deliverables will consist of field marks (e.g. pin flags, paint marks, wooden lathes, nails/discs etc.) showing the position of the designated and located utilities. b) Office deliverables will consist of: o Images and a sketch (not to scale unless otherwise stated) based on the project plans or aerial imagery publicly available. o Survey digital CADD file, inclusive of sheeting on appropriate format and scale, and a signed and sealed surveyor's report. ADDITIONAL SERVICES • Meetings / presentation to individual neighbors • Off -site design and permitting • City of Cocoa utility design and permitting • FDOT standard Construction Engineering & Inspection (CEI) • Design elements beyond those outlined in the above project understanding. • Revisions to draft or conceptual concepts and / or renderings beyond the provided scope • Landscape and Hardscape Construction Documents beyond those illustrated in the approved concept plan or as well as any plans prepared in an attempt to harmonize previous private improvements made in the public right-of-way. • Site visits or meetings beyond those listed above • Arboricultural services • Value Engineering services • Material testing services • LEED certification services • Planning assistance for variances, zoning, and ROW vacates • Environmental Services • Facility MEP design • Electrical cost estimating • Energy modeling/analysis • Commissioning INFORMATION PROVIDE BY CLIENT If readily available, the Client will provide any information upon which Kimley-Horn will rely. The complete and current information, which we anticipate will be provided to us by others for our use is as follows: • All Application/Permit Fees • As -built information and/or electronic CAD/GIS for all public infrastructure and utilities kimley-horn.com 200 South Orange Avenue, Suite 600, Orlando, FL 32801 407 898 1511 Kimley»>Horn Page 11 • Previous electronic files from ICPR Model and surveys within the area. • Representation to other agencies with infrastructure in public ROW — power, City of Cocoa utilities, private utilities, etc. SCHEDULE Consultant shall provide the services described in the above scope as expeditiously as practical to meet a mutually agreed upon schedule. FEES AND BILLING Kimley-Horn will perform the above -described services in Tasks 1 through 12 as one design package for the following fees: TASKSFEE TYPE FEE 1 Fillmore Avenue Plans LS $98,900 2 Drainage Analysis LS $35,650 3 Utility Coordination LS $16,100 4 Agency Permitting LS $28,750 5 Project Manual Assistance LS $9,200 6 Meetings/Presentations LS $23,000 7 Bidding Services LS $9,200 8 Construction Phase Services (Up to 100 hours) LS $17,600 9 Electrical Engineering LS $9,500 10 Geotechnical Engineering LS $6,000 11 Survey Services LS $12,000 12 Subsurface Utility Engineering Services (includes $7,590 allocated for up to 12 "potholing" locations) LS $33,000 Total LS 299,900 Fillmore Ave From A1A to Ridgewood Ave (±1,540 LF) LS 223,000 Fillmore Ave From Ridgewood Ave to the Beach (±530 LF) LS 76,900 Tasks 1 through 12 will be performed on a lump sum basis, plus expense basis for $299,900. The subsurface utility locates outlined in Task 12 will be billed by quantity performed. [THIS AREA INTENTIONALLY LEFT BLANK] kimley-horn.com 200 South Orange Avenue, Suite 600, Orlando, FL 32801 407 898 1511 Kimley»>Horn CLOSURE Page 12 In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the attached Standard Provisions, which are incorporated by reference. As used in the Standard Provisions, "Consultant" shall refer to Kimley-Horn and Associates, Inc., and "Client" or "CoCC" shall refer to the City of Cape Canaveral. Kimley-Horn, in an effort to expedite invoices and reduce paper waste, submits invoices via email in an Adobe PDF format. We can also provide a paper copy via regular mail if requested. include the invoice number and Kimley-Horn project number with all payments. Please provide the following information: Please email all invoices to Please copy If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute both copies of this Agreement in the spaces provided below, retain one copy, and return the other to us. We will commence services only after we have received a fully executed agreement. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. We appreciate the opportunity to provide these services to you. Please contact me if you have any questions. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. Scott Mingon Sr. VP/Principal LA, AICP /./ Matthew Wansor, PE Project Manager (K:\ORL_LA\149501004_COCC Civic Hub\CORRESPONDENCE\JOBSTARTS & CONTRACTS \Filmore + CHub Design Scoping\Filmore-Civic Hub Design.docx) Attachments —Standard Provisions Agreed to this of CITY OF CAPE CANAVERAL By: , 2024 Please Print/Type Name and Title Email Address kimley-horn.com 200 South Orange Avenue, Suite 600, Orlando, FL 32801 407 898 1511 Kimley»>Horn KIMLEY-HORN AND ASSOCIATES, INC. STANDARD PROVISIONS Page 13 (1) Consultant's Scope of Services and Additional Services. The Consultant will perform only the services specifically described in this Agreement. If requested by the Client and agreed to by the Consultant, the Consultant will perform Additional Services, which shall be governed by these provisions. Unless otherwise agreed to in writing, the Client shall pay the Consultant for any Additional Services an amount based upon the Consultant's then -current hourly rates plus an amount to cover certain direct expenses including telecommunications, in-house reproduction, postage, supplies, project related computer time, and local mileage. Other direct expenses will be billed at 1.15 times cost. (2) Client's Responsibilities. In addition to other responsibilities herein or imposed by law, the Client shall: (a) Designate in writing a person to act as its representative, such person having complete authority to transmit instructions, receive information, and make or interpret the Client's decisions. (b) Provide all information and criteria as to the Client's requirements, objectives, and expectations for the project and all standards of development, design, or construction. (c) Provide the Consultant all available studies, plans, or other documents pertaining to the project, such as surveys, engineering data, environmental information, etc., all of which the Consultant may rely upon. (d) Arrange for access to the site and other property as required for the Consultant to provide its services. (e) Review all documents or reports presented by the Consultant and communicate decisions pertaining thereto within a reasonable time so as not to delay the Consultant. (f) Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals and consents from other parties as may be necessary. (g) Obtain any independent accounting, legal, insurance, cost estimating and feasibility services required by Client. (h) Give prompt written notice to the Consultant whenever the Client becomes aware of any development that affects the Consultant's services or any defect or noncompliance in any aspect of the project. (3) Period of Services. Unless otherwise stated herein, the Consultant will begin work after receipt of a properly executed copy of this Agreement. This Agreement assumes conditions permitting continuous and orderly progress through completion of the services. Times for performance shall be extended as necessary for delays or suspensions due to circumstances that the Consultant does not control. If such delay or suspension extends for more than six months, Consultant's compensation shall be renegotiated. (4) Method of Payment. Client shall pay Consultant as follows: (a) Invoices will be submitted periodically for services performed and expenses incurred. Payment of each invoice will be due within 25 days of receipt. The Client shall also pay any applicable sales tax. All retainers will be held by the Consultant and applied against the final invoice. Interest will be added to accounts not paid within 25 days at the maximum rate allowed by law. If the Client fails to make any payment due under this or any other agreement within 30 days after the Consultant's transmittal of its invoice, the Consultant may, after giving notice to the Client, suspend services and withhold deliverables until all amounts due are paid. (b) If the Client relies on payment or proceeds from a third party to pay Consultant and Client does not pay Consultant's invoice within 60 days of receipt, Consultant may communicate directly with such third party to secure payment. (c) If the Client objects to an invoice, it must advise the Consultant in writing giving its reasons within 14 days of receipt of the invoice or the Client's objections will be waived, and the invoice shall conclusively be deemed due and owing. If the Client objects to only a portion of the invoice, payment for all other portions remains due within 25 days of receipt. (d) If the Consultant initiates legal proceedings to collect payment, it may recover, in addition to all amounts due, its reasonable attorneys' fees, reasonable experts' fees, and other expenses related to the proceedings. Such expenses shall include the cost, at the Consultant's normal hourly billing rates, of the time devoted to such proceedings by its employees. (e) The Client agrees that the payment to the Consultant is not subject to any contingency or condition. The Consultant may negotiate payment of any check tendered by the Client, even if the words "in full satisfaction" or words intended to have similar effect appear on the check without such negotiation being an accord and satisfaction of any disputed debt and without prejudicing any right of the Consultant to collect additional amounts from the Client. (5) Use of Documents. All documents and data prepared by the Consultant are related exclusively to the services described in this Agreement, and may be used only if the Client has satisfied all of its obligations under this Agreement. They are not intended or represented to be suitable for use or reuse by the Client or others on kimley-horn.com 200 South Orange Avenue, Suite 600, Orlando, FL 32801 407 898 1511 Kimley»>Horn Page 14 extensions of this project or on any other project. Any modifications by the Client to any of the Consultant's documents, or any reuse of the documents without written authorization by the Consultant will be at the Client's sole risk and without liability to the Consultant, and the Client shall indemnify, defend and hold the Consultant harmless from all claims, damages, losses and expenses, including but not limited to attorneys' fees, resulting therefrom. The Consultant's electronic files and source code remain the property of the Consultant and shall be provided to the Client only if expressly provided for in this Agreement. Any electronic files not containing an electronic seal are provided only for the convenience of the Client, and use of them is at the Client's sole risk. In the case of any defects in the electronic files or any discrepancies between them and the hardcopy of the documents prepared by the Consultant, the hardcopy shall govern. (6) Opinions of Cost. Because the Consultant does not control the cost of labor, materials, equipment or services furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to the costs of construction and materials, are made solely based on its judgment as a professional familiar with the industry. The Consultant cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. If the Client wishes greater assurance as to the amount of any cost, it shall employ an independent cost estimator. Consultant's services required to bring costs within any limitation established by the Client will be paid for as Additional Services. (7) Termination. The obligation to provide further services under this Agreement may be terminated by either party upon seven days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof, or upon thirty days' written notice for the convenience of the terminating party. The Consultant shall be paid for all services rendered and expenses incurred to the effective date of termination, and other reasonable expenses incurred by the Consultant as a result of such termination. (8) Standard of Care. The standard of care applicable to Consultant's services will be the degree of care and skill ordinarily exercised by consultants performing the same or similar services in the same locality at the time the services are provided. No warranty, express or implied, is made or intended by the Consultant's performance of services, and it is agreed that the Consultant is not a fiduciary with respect to the Client. (9) LIMITATION OF LIABILITY. In recognition of the relative risks and benefits of the Project to the Client and the Consultant, the risks are allocated such that, to the fullest extent allowed by law, and notwithstanding any other provisions of this Agreement or the existence of applicable insurance coverage, that the total liability, in the aggregate, of the Consultant and the Consultant's officers, directors, employees, agents, and subconsultants to the Client or to anyone claiming by, through or under the Client, for any and all claims, losses, costs or damages whatsoever arising out of or in any way related to the services under this Agreement from any causes, including but not limited to, the negligence, professional errors or omissions, strict liability or breach of contract or any warranty, express or implied, of the Consultant or the Consultant's officers, directors, employees, agents, and subconsultants, shall not exceed twice the total compensation received by the Consultant under this Agreement or $50,000, whichever is greater. Higher limits of liability may be negotiated for additional fee. This Section 9 is intended solely to limit the remedies available to the Client or those claiming by or through the Client, and nothing in this Section 9 shall require the Client to indemnify the Consultant. (10) Mutual Waiver of Consequential Damages. In no event shall either party be liable to the other for any consequential, incidental, punitive, or indirect damages including but not limited to loss of income or loss of profits. (11) Construction Costs. Under no circumstances shall the Consultant be liable for extra costs or other consequences due to unknown conditions or related to the failure of contractors to perform work in accordance with the plans and specifications. Consultant shall have no liability whatsoever for any costs arising out of the Client's decision to obtain bids or proceed with construction before the Consultant has issued final, fully -approved plans and specifications. The Client acknowledges that all preliminary plans are subject to substantial revision until plans are fully approved and all permits obtained. (12) Certifications. The Consultant shall not be required to execute certifications or third -party reliance letters that are inaccurate, that relate to facts of which the Consultant does not have actual knowledge, or that would cause the Consultant to violate applicable rules of professional responsibility. (13) Dispute Resolution. All claims by the Client arising out of this Agreement or its breach shall be submitted first to mediation in accordance with the American Arbitration Association as a condition precedent to litigation. (14) Hazardous Substances and Conditions. Consultant shall not be a custodian, transporter, handler, kimley-horn.com 200 South Orange Avenue, Suite 600, Orlando, FL 32801 407 898 1511 Kimley»>Horn Page 15 arranger, contractor, or remediator with respect to hazardous substances and conditions. Consultant's services will be limited to analysis, recommendations, and reporting, including, when agreed to, plans and specifications for isolation, removal, or remediation. The Consultant will notify the Client of unanticipated hazardous substances or conditions of which the Consultant actually becomes aware. The Consultant may stop affected portions of its services until the hazardous substance or condition is eliminated. (15) Construction Phase Services. (a) If the Consultant prepares construction documents and the Consultant is not retained to make periodic site visits, the Client assumes all responsibility for interpretation of the documents and for construction observation, and the Client waives any claims against the Consultant in any way connected thereto. (b) The Consultant shall have no responsibility for any contractors means, methods, techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor shall Consultant have any authority or responsibility to stop or direct the work of any contractor. The Consultant's visits will be for the purpose of endeavoring to provide the Client a greater degree of confidence that the completed work of its contractors will generally conform to the construction documents prepared by the Consultant. Consultant neither guarantees the performance of contractors, nor assumes responsibility for any contractor's failure to perform its work in accordance with the contract documents. (c) The Consultant is not responsible for any duties assigned to it in the construction contract that are not expressly provided for in this Agreement. The Client agrees that each contract with any contractor shall state that the contractor shall be solely responsible for job site safety and its means and methods; that the contractor shall indemnify the Client and the Consultant for all claims and liability arising out of job site accidents; and that the Client and the Consultant shall be made additional insureds under the contractor's general liability insurance policy. (16) No Third -Party Beneficiaries; Assignment and Subcontracting. This Agreement gives no rights or benefits to anyone other than the Client and the Consultant, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole benefit of the Client and the Consultant. The Client shall not assign or transfer any rights under or interest in this Agreement, or any claim arising out of the performance of services by Consultant, without the written consent of the Consultant. The Consultant reserves the right to augment its staff with subconsultants as it deems appropriate due to project logistics, schedules, or market conditions. If the Consultant exercises this right, the Consultant will maintain the agreed -upon billing rates for services identified in the contract, regardless of whether the services are provided by in-house employees, contract employees, or independent subconsultants. (17) Confidentiality. The Client consents to the use and dissemination by the Consultant of photographs of the project and to the use by the Consultant of facts, data and information obtained by the Consultant in the performance of its services. If, however, any facts, data or information are specifically identified in writing by the Client as confidential, the Consultant shall use reasonable care to maintain the confidentiality of that material. (18) Miscellaneous Provisions. This Agreement is to be governed by the law of the State of Florida. This Agreement contains the entire and fully integrated agreement between the parties and supersedes all prior and contemporaneous negotiations, representations, agreements or understandings, whether written or oral. Except as provided in Section 1, this Agreement can be supplemented or amended only by a written document executed by both parties. Any conflicting or additional terms on any purchase order issued by the Client shall be void and are hereby expressly rejected by the Consultant. Any provision in this Agreement that is unenforceable shall be ineffective to the extent of such unenforceability without invalidating the remaining provisions. The non- enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. (19) PURSUANT TO FS 558.0035, EMPLOYEES OF CONSULTANT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM NEGLIGENCE UNDER THIS AGREEMENT. kimley-horn.com 200 South Orange Avenue, Suite 600, Orlando, FL 32801 407 898 1511 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • SEPTEMBER 17, 2024 AGENDA ITEM SUMMARY • ITEM # 11 Subject: Resolution No. 2024-13; adopting a Final Millage rate for the levy of Ad Valorem Taxes for Fiscal Year 2024/2025 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida; providing for an effective date. Department: Financial Services Summary: rate below These rates Per "Truth however, no The City Council 3.6222 on on September Resolution Fiscal Year Submitting Adopt a Final Millage rate of 3.2422 mills for Fiscal Year 2024/25, the rolled -back rate. It includes two segments: which represents a from proposed rate; Millage Rate of Rate of 3.2422 Millage Rate for General Government Millage 3.2000 mills Library Dependent Special District 0.0422 mills will be identified in the Fiscal Year 2024/25 Proposed Budget. in Millage Compliance", the Ad Valorem Tax Rates can be lowered tax rate can be increased. adopted Resolution No. 2024-04 — Tentative Proposed Combined July 16, 2024 and Resolution No. 2024-09 — Tentative Combined Millage 3, 2024. No. 2024-13 (Attached) is the final approval establishing the Combined 2024/25. Department Director: John DeLeo Attachment: Resolution No. 2024-13 Financial Impact: The Final Combined Millage rate of 3.2422 provides a property tax revenue stream of $6,384,249. These revenues are represented in the Proposed Fiscal Year 2024/25 Budget at a 95% receipt rate and allow for a balanced budget. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Adopt Resolution No. 2024-13. Approved by City Manager: Todd Morley RESOLUTION NO. 2024-13 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING A FINAL MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR FISCAL YEAR 2024/2025 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City wishes to impose Ad Valorem Taxes based upon an approved millage rate; and WHEREAS, Florida Statute 200.065 expressly provides no millage shall be levied until a resolution or ordinance has been approved by the governing board of the taxing authority and upon preparation of a tentative budget, but prior to adoption thereof, each taxing authority shall compute a tentative proposed millage rate necessary to fund the tentative budget other than the portion of the budget to be funded from sources other than ad valorem taxes, and such tentative proposed millage rate must be provided to the Property Appraiser, along with the date, time, and place for the upcoming public hearings to be conducted by the City of Cape Canaveral to adopt a millage rate and budget for the next fiscal year, so real property owners may be publicly noticed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. The aggregate millage for all City operating purposes is 3.2422 mills on the dollar of taxable value for the 2024/2025 Fiscal Year for the City of Cape Canaveral, Florida. This millage represents a rate below the rolled -back rate. Section 2. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a final millage rate of 3.2000 mills for General Government Millage. This millage represents a rate below the rolled -back rate. This final Ad Valorem Tax shall be levied upon the 2024 Tax Assessment Roll for Ad Valorem Tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's Fiscal Year beginning October 1, 2024 and ending September 30, 2025. Section 3. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a final millage rate of 0.0422 mills for the Library Dependent Special District, as approved in the 1985 referendum election. This rate represents the rollback rate. This final Ad City of Cape Canaveral Resolution No. 2024-13 Page 1 Valorem Tax shall be levied upon the 2024 Tax Assessment Roll for Ad Valorem Tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's Fiscal Year beginning October 1, 2024 and ending September 30, 2025. Section 4. This Resolution shall become effective immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Brevard County, Florida, this 17th day of September, 2024. ATTEST: Mia Goforth, CMC City Clerk Approved as to Form: Anthony A. Garganese, City Attorney Wes Morrison, Mayor Name Kim Davis Kay Jackson Mickie Kellum Wes Morrison Don Willis City of Cape Canaveral Resolution No. 2024-13 Page 2 For Against CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • SEPTEMBER 17, 2024 AGENDA ITEM SUMMARY • ITEM # 12 Subject: Ordinance No. 19-2024; adopting the Annual General Fund, Wastewater Enterprise Fund, Stormwater Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds, Capital Project Funds and Agency Fund Budgets for the Fiscal Year beginning October 1, 2024, and ending September 30, 2025; providing for an effective date, second reading. Department: Financial Services Summary: City Council completed two (2) CIP Workshops and two (2) Budget Workshops pertaining to the development of the Budget for Fiscal Year 2024/25. The Budget reflects Council consensus from those meetings and revised revenue/spending estimates. The Budget for the Fiscal Year 2024/25 totals $37,408,688. This represents a 0.67% increase from the Fiscal Year 2023/24 Budget. City Council approved Ordinance No. 19-2024 on first reading at its September 3, 2024 Meeting. The Notice of Hearing was placed for advertisement in Florida Today on September 12, 2024 and the Ordinance is presented for second reading and final adoption. Submitting Department Director: John DeLeo Attachment: Ordinance No. 19-2024 with Exhibit "A" — Fiscal Year 2024/25 Budget Summary. Financial Impact: This is a balanced Budget based upon a 3.2422 combined Ad Valorem Millage Rate; Cost of advertisement and Staff time to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Adopt Ordinance No. 19-2024, second reading. Approved by City Manager: Todd Morley ORDINANCE NO. 19-2024 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING THE ANNUAL GENERAL FUND, WASTEWATER ENTERPRISE FUND, STORMWATER ENTERPRISE FUND, ENTERPRISE CAPITAL FUND, SPECIAL REVENUE FUNDS, CAPITAL PROJECT FUNDS AND AGENCY FUND BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2024, AND ENDING SEPTEMBER 30, 2025; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. The Annual General Fund, Wastewater Enterprise Fund, Stormwater Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds, Capital Project Funds and Agency Fund Budgets which are attached hereto in Exhibit "A" by reference made a part hereof, of the City of Cape Canaveral, Florida for the Fiscal Year beginning October 1, 2024, and ending September 30, 2025, are hereby approved and adopted. SECTION 2. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 17th day of September 2024. ATTEST: Mia Goforth, CMC, City Clerk Approved as to Form: Anthony A. Garganese, City Attorney First Reading: September 3, 2024 Advertisement: September 12, 2024 Second Reading: September 17, 2024 Wes Morrison, Mayor Name Kim Davis Kay Jackson Mickie Kellum Wes Morrison Don Willis City of Cape Canaveral Ordinance No. 19-2024 Page 1 of 1 For Against Ordinance No. 19-2024 Exhibit "A" City of Cape Canaveral Fiscal Year 2024/2025 Budget Summary Revenues Expenditures General Fund: $ 21,902,332 $ 21,902,332 Enterprise Funds: Wastewater Enterprise Fund 7,887,048 7,887,048 Stormwater Enterprise Fund 2,284,200 2,284,200 Special Revenue Funds: Police Education Fund 1,272 1,272 Aerial Fire Protection Fund 250 250 School Crossing Guard Fund 2,540 2,540 Library Fund 91,962 91,962 CC Community Redevelopment Agency Fund 3,857,843 3,857,843 Impact Fees 1,365,471 1,365,471 Agency Fund: Law Enforcement Trust Fund 15,770 15,770 Total Fiscal Year 2024-2025 Budget $ 37,408,688 $ 37,408,688 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • SEPTEMBER 17, 2024 AGENDA ITEM SUMMARY • ITEM # 13 Subject: Provide direction to Staff regarding proceeding with awarding bid from Atlantic Development of Cocoa, Inc. for Oak Lane Improvements in the amount of $806,571.50. Department: Capital Projects Summary: In 2021, the City Engineer at the time, John Pekar, initiated the transportation engineering design of Oak Lane. The project included the construction of a stormwater system, reclaimed water system, roadway (paving), and numerous other infrastructure improvements. Engineering drawings for the public bidding process were nearly complete when Mr. Pekar elected to retire and, in turn, discontinue his professional liability insurance. In addition, the engineering drawings were not yet adequate for public bidding purposes or submittal to a construction contractor. Therefore, Staff determined that another transportation engineering consultant was required to fully complete the engineering drawings and requested a cost estimate from Kimley- Horn and Associates, Inc. (KHA). Subsequently, on September 20, 2023, the City Council approved a task order from KHA to provide design and construction services for Oak Lane in the amount of $58,450 (Attachment 1). Firm Selection Process: After the services were completed by KHA, Staff advertised the Request for Bids on May 2, 2024 by posting (1) a legal ad in the Florida Today newspaper, (2) a notice on the City web page, and (3) bid information on Demandstar (Internet bid service). A non -mandatory pre -bid meeting was held on May 16, 2024; no one attended. One (1) contractor submitted a sealed bid in the amount of $1,497,100, which was opened at City Hall on June 6, 2024 (Attachment 2). Upon review of the submitted bid, Staff and KHA agreed that the City would re -bid the project. Staff re -advertised the Request for Bids on June 20, 2024 by posting (1) a legal ad in the Florida Today newspaper, (2) a notice on the City web page, and (3) bid information on Demandstar (Internet bid service). A non -mandatory pre -bid meeting was held on July 18, 2024, and a total of three (3) potential bidders attended the meeting. Four (4) contractors submitted sealed bids for the Project, which were opened at City Hall on August 8, 2024 (Attachment 3). Upon review of the submitted bids, Staff and KHA recommend award of the bid to Atlantic Development of Cocoa, Inc. with a bid amount of $806,571.50 (Attachment 4). A proposed Construction Agreement with Atlantic Development of Cocoa, Inc. is included (Attachment 5). Construction: Included in the plans is a 48 linear foot stormwater trench drain and a 74 linear foot, 15-inch corrugated pipe that will be installed east of the building at 8803 North Atlantic Boulevard (La Cantina Restaurant). This design is intended to address recurring stormwater issues. This portion of the project requires a public drainage and utility easement agreement. Easement Agreement: An Easement Agreement has been prepared. There are multiple owners, all of which will need to approve the Agreement. However, subsequent to receiving the bids, Staff was made aware that one of the co -owners passed away. Accordingly, the remaining/surviving owners are unable to approve the Easement Agreement at this time. The ownership portion held by the City of Cape Canaveral City Council Meeting • September 17, 2024 Agenda Item # 13 Page 2 of 2 deceased is currently in Probate and an Estate Attorney has been engaged. The City Attorney has been in contact with said Estate Attorney. While the surviving owners may still intend to execute the Easement Agreement, Staff cannot currently confirm when, or even if, the Easement Agreement will be executed by all of the Succeeding Owner(s). Staff is uncertain of the time frame to obtain the agreement. For that reason, the project may be required to move forward without the drainage work being performed on the property. This portion of the project can be removed from the scope, which would reduce the cost of the project by approximately $49,530. The Council should consider these three scenarios: 1. The Easement Agreement may be timely executed, allowing this component of the project to remain in the scope of work. 2. The Easement Agreement may be executed after the Oak Lane project is finalized. This would require Staff to acquire new pricing to complete this component of the project, possibly at an increased cost. 3. The Easement Agreement may never be executed. Submitting Department Director: Tim Carlisle Attachments: Attachment 1 — September 20, 2023 Meeting Minutes Attachment 2 —June 6, 2024 Opening Minutes and Bid Results Attachment 3 — August 8, 2024 Opening Minutes and Bid Results Attachment 4 — KHA Recommendation Attachment 5 — Construction Agreement Financial Impact: Expenditure of $806,571.50 for the Oak Lane Improvements Project funded by the Stormwater fund CIP# SW-6 in the amount of $300,000 and the CRA fund in the amount of $506,571.50. Of the total CRA portion, $500,000 will be ARPA funds and the remaining $6,571.50 will be CRA funds. 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: Provide direction to Staff regarding proceeding with awarding bid from Atlantic Development of Cocoa, Inc. for Oak Lane Improvements in the amount of $806,571.50. Approved by City Manager: Todd Morley Attachment 1 City of Cape Canaveral, Florida City Council Regular Meeting • September 20, 2023 Minutes • Page 4 of 6 as a result of opening the NHRC on weekends. Bob Hathaway, resident and property owner, discussed support for opening the Community Center versus the NHRC. A motion was made by Council Member Kellum, seconded by Mayor Morrison, directing the City Manager to Staff the NHRC with a part-time person on Saturdays for half a day, with the understanding that cost is approximately $25,000, unbudgeted. City Manager Morley discussed clarification of the action directed and the motion on the table. PRCA Director Thomas discussed one part-time employee is budgeted for the upcoming year to help with the CAPE Center which will provide some flexibility but there will still be a need to increase Staff hours. City Manager Morley discussed the recent approval of the request from the City to the Florida Department of Health for the Public Swimming Pool Advisory Variance for use of the exterior restroom facilities at Canaveral City Park, and congratulated Staff. The motion carried 5-0. CONSENT AGENDA: Council Member Kellum removed Item 7. 2. Approve Minutes for the August 8, 2023 Budget Workshop, August 15, 2023 Regular, August 23, 2023 Budget Workshop and September 6, 2023 Special Meetings. 3. Resolution No. 2023-18; authorizing an addendum to the Agreement for Municipal Law Enforcement Services between the City of Cape Canaveral, Florida and Wayne Ivey, as Sheriff of Brevard County; providing for the repeal of prior, inconsistent resolutions, severability and an effective date. 4. Resolution No. 2023-19; authorizing an addendum to the Contract for Fire Protection and Emergency Medical Services between the City of Cape Canaveral, Florida and the Cape Canaveral Volunteer Fire Department, Inc.; providing for the repeal of prior inconsistent resolutions, severability and an effective date. 5. Resolution No. 2023-20; reappointing members to the Culture and Leisure Services Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Mary Mosquera and Betsy Ronk) 6. Resolution No. 2023-23; adopting a Development Order approving an Application filed by Michael and Collette DiChristopher, Husband and Wife, for a proposed Modified Lot Split Plan and three associated variances under Chapter 98 of the City Code related to a portion of Lot 21, Block 9, Cape Canaveral Beach Gardens Unit No. 2, according to the Map or Plat thereof, as recorded in Plat Book 17, Page(s) 81 and 82, of the Public Records of Brevard County, Florida; providing for an effective date. 7. Approve proposed task order from Kimley-Horn and Associates, Inc. in the amount of $58,450 for providing transportation engineering services for Oak Lane Road Improvements including additional engineering design, bidding services and construction management. 8. Approve the Sixteenth Addendum to Professional Services Agreement for Fertilization, Insect, Disease, Weed Control and Pest Control Services in the amount of $64,448.47 with Black's Spray Service, Inc. and authorize the City Manager to execute same. 9. Approve the Fourth Addendum to Professional Services Agreement for Mowing and Landscaping Services in the amount of $289,125.32 with U.S. Lawns of Brevard (dba Micnor Corporation) and authorize City Manager to execute same. 10. Approve proposal from Playmore West, Inc. in the amount of $82,622.01 for the purchase. and installation of new playground equipment/surfacing at Patriots Park, as funded by Florida Recreation Development Assistance Program (FRDAP) Grant #A3045, contingent on State approval and authorize the City Manager to execute same. City of Cape Canaveral, Florida City Council Regular Meeting • September 20, 2023 Minutes • Page 5 of 6 A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Davis, to approve the Consent Agenda, except for Item 7. The motion carried 5-0. #7 Capital Projects Director Ratliff confirmed Florida Power and Light responded to Staff that the power poles on Oak Lane will be removed by the end of the year, the engineering will be completed, and Public Works Services will provide maintenance of the road's potholes. A motion was made by Council Member Kellum, seconded by Council Member Willis, to adopt Consent Agenda Item 7. The motion carried 5-0. ITEMS FOR ACTION: 11. Resolution No. 2023-21; establishing rates and charges and other terms and conditions for public EV charging stations operated by the City on City owned or controlled property; providing for the repeal of prior inconsistent resolutions, severability and an effective date: Mayor Morrison read the title into the record. City Manager Morley and Chief Resilience Manager explained the Item. Discussion ensued and included recent news stories of electric vehicle (EV) fires, Canaveral Fire Rescue's training preparedness with the National Fire Council which Council Member Willis attended, and continuing improvement in technology. City Attorney Garganese discussed the City's liability for maintenance of the EV chargers on City property. Discussion continued regarding analysis of EV versus gasoline fueled car fires. William Rigsby, NovaCHARGE Vice President Sales Operations & Inside Sales, discussed how EV chargers operate. Bob Hathaway, resident and property owner, discussed support for the Item. Joyce Ward, resident and property owner, discussed support for the Item. Shannon Roberts, resident, discussed concerns related to the location of the Banana River Park and other EV charging stations, and inquired about rights to park in City EV charging spaces. Discussion ensued regarding authorized and judicious enforcement of State law to ticket internal combustion vehicles parked in EV charging spaces. City Manager Morley discussed sections of the Resolution related to fees, terms and conditions, how the State now considers EV chargers critical during emergencies, and proposed amending language for Section E to reflect that. Discussion ensued regarding the meaning of the proposed amendment to the Resolution. A motion was made by Council Member Willis, seconded by Council Member Davis, to approve Resolution No. 2023-21, as amended. The motion carried 4-1, with Council Member Kellum voting against. Mayor Morrison recessed the meeting at 8:12 p.m. The meeting reconvened at 8:24 p.m. 12. Authorize removal of three (3) Specimen Live Oak trees (Trees 1-3) at 115 Jefferson Avenue, with the required mitigation completed prior to the issuance of a Certificate of Occupancy for the proposed duplex, and that mitigation is calculated at a ratio of one-to-one which can be in the form of a contribution to the City's. Tree Bank and/or planting of replacement trees: City Manager Morley explained the Item. Shannon Roberts, resident, discussed concern and preference to relocate the trees instead, and desire for a master plan of trees. City Manager Morley explained why moving Live Oaks are cost prohibitive, the mitigation program that includes replacement with Live Oak or similar canopy trees, the approved list of the replacement trees, and tree bank option. Jessica Mayor, Attorney representing the Owner, suggested placing trees on the Owner's adjacent lot next door. Discussion ensued and included the required mitigation options to the Owner, a Development Permit Approval condition between the Owner and the City if mitigation involved the adjacent lot, the Resiliency Action Plan section which identifies trees in the City, Council's ability to go beyond the one-to-one ratio, and property rights. Attorney Mayer discussed the Owner's plan to improve the property. A motion was made Attachment 2 CITY OF CAPE CANAVERAL Request for Bids — Bid Opening Oak Lane Road Improvements BID #2023-03 City of Cape Canaveral City Hall First Floor Conference Room 100 Polk Avenue Cape Canaveral, Florida 32920 MINUTES Thursday June 6, 2024 2:05 p.m. CALL TO ORDER: Capital Projects Director Tim Carlisle called the Meeting to order at 2:05 p.m. Others present: Laura Cullifer, Capital Improvement Coordinator Daniel LeFever, Deputy City Clerk Joshua Guinn, Cathcart Construction Company - Florida, LLC Mr. Carlisle proceeded to open the bid received and announced the results: BID #2023-03 — OAK LANE ROAD IMPROVEMENTS Firm Location Bid Amount Cathcart Construction Company - Florida, LLC Winter Springs, FL $1,497,100.00 Mr. Carlisle adjourned the meeting at 2:07 p.m. Daniel LeFever, Deputy City Clerk Attachment 3 CITY OF CAPE CANAVERAL Request for Bids — Bid Opening Oak Lane Road Improvements BID #2023-03 City of Cape Canaveral City Hall First Floor Conference Room 100 Polk Avenue Cape Canaveral, Florida 32920 MINUTES Thursday August 8, 2024 2:05 p.m. CALL TO ORDER: Capital Projects Director Tim Carlisle called the Meeting to order at 2:05 p.m. Others present: Laura Cullifer, Capital Improvement Coordinator Daniel LeFever, Deputy City Clerk Joshua Guinn, Cathcart Construction Company — Florida, LLC Glenn Grignon, Atlantic Development of Cocoa, Inc. Mr. Carlisle proceeded to open the bids received and announced the results: BID #2023-03 — OAK LANE ROAD IMPROVEMENTS Firm Jobear Contracting, Inc. Atlantic Development of Cocoa, Inc. Brewer Paving & Development LLC. Cathcart Construction Company — Florida, LLC Location Palm Bay, FL Cocoa, FL Cocoa, FL Winter Springs, FL Bid Amount $1,074,642.72 $806,571.50 $1,075,741.10 $1,463,372.00 Mr. Carlisle stated the Bids would be reviewed, thanked those in attendance, and adjourned the meeting at 2:09 p.m. Daniel LeFever, Deputy City Clerk Attachment 4 Kimley»>Horn August 30, 2024 Tim Carlisle Capital Projects Director/Stormwater Manager City of Cape Canaveral 100 Polk Avenue — P.O. Box 326 Cape Canaveral, FL 32920 RE: Oak Lane Improvements Bid Proposal Dear Mr. Carlisle: Kimley-Horn has completed a review of the four (4) Oak Lane Improvement Bid Proposals (dated August 8, 2024) provided for the proposed roadway improvements along Oak Lane. The four (4) contractors that submitted Bid Proposals were: 1. Atlantic Development of Cocoa, Inc 2. Brewer Paving & Development, LLC 3. Cathcart Construction Company 4. Jobear Contracting, Inc. Based on the tabulation of contractor bids, and review of the contractor qualifications as compared to those in the bid advertisement for this project, Atlantic Development of Cocoa, Inc has submitted a responsive Bid Proposal at the lowest price of all the Bid Proposals submitted. Their bid proposal was $806,571.50 in total. Sincerely, Eric Benson, P.E. Project Manager kimley-horn.com 200 South Orange Avenue, Suite 600, Orlando, FL 32801 407 898 1511 Attachment 5 SECTION 00500 CONSTRUCTION AGREEMENT OAK LANE ROAD IMPROVEMENTS BID #2023-03 THIS AGREEMENT is made this day of , 2024 by and between the CITY OF CAPE CANAVERAL, a Florida municipal corporation (herein referred to as OWNER) and ATLANTIC DEVELOPMENT OF COCOA, INC. authorized and duly licensed to do business in the State of Florida (herein referred to as CONTRACTOR), as follows: 1. DESCRIPTION OF WORK - CONTRACTOR shall perform the work, in accordance with the Contract Documents for the Oak Lane Improvements as set forth in the Scope of Services and the Contract Documents described in Section 2 herein ("the Project"). 2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; Exhibits and Addendum(s) to the Agreement; the Construction Drawings for City of Cape Canaveral prepared by Kimley-Horn dated April 2024; Bid #2023-03, dated April 2024; Final Bid Set Specifications dated May 2024; ITB Documents issued by the City, dated May 2024; Contractor's Bid Submittal, dated August 2024; General Conditions, if any; Supplemental Terms and Conditions by the City, if any; and all Change Orders approved by the City after execution of this Agreement. These Contract Documents are hereby incorporated into this Contract by this reference. The CONTRACTOR represents and agrees that it has carefully examined and understands this Agreement and the other Contract Documents, has investigated the nature, locality and site of the Work and the conditions and difficulties under which it is to be performed and that it enters into this Agreement on the basis of its own examination, investigation and evaluation of all such matters and not in reliance upon any opinions or representations of the OWNER, or of any of their respective officers, agents, servants, or employees. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intent of the Contract Documents is to include all labor, materials, equipment, transportation, taxes, fees and incidentals necessary for the proper and complete execution of the Work for each Project. Materials or Work described in words which so applied have a well-known technical or trade meaning shall be held to refer to such recognized standards. Any discrepancies or omissions found in the Contract Documents shall be reported to the City's Project Manager immediately. The City's Project Manager will clarify discrepancies or omissions, in writing, within a reasonable time. 3. ORDER OF PRECEDENCE - In case of any inconsistency in any of the documents bearing on the Agreement between the OWNER and the CONTRACTOR, the inconsistency shall be resolved by giving precedence in the following order: a. Change Orders b. Agreement, Exhibits and Addenda Oak Lane Road Improvements 00500-1 Construction Agreement 149501007 Form v.12.2022 May 2024 c. Supplemental Terms and Conditions d. General Terms and Conditions e. Engineering Plans and Drawings f. ITB issued by the City of Cape Canaveral dated January 2023, including any subsequently issued Addenda g. Contractor's Bid Submittal Any inconsistency in the work description shall be clarified by the OWNER and performed by the CONTRACTOR. 4. AGREEMENT INTERPRETATION - At its discretion, during the course of the work, should any errors, ambiguities, or discrepancies be found in the Contract Documents, the OWNER at its sole discretion will interpret the intent of the Contract Documents and the CONTRACTOR hereby agrees to abide by the OWNER's interpretation and agrees to carry out the work in accordance with the decision of theOWNER. 5. BRAND NAME MATERIALS - Whenever Materials or Equipment are specified or described in the Drawings or Specifications by using the name of a proprietary item or the name of a particular Supplier, the naming of the item is intended to establish the type, function and quality required. The CONTRACTOR will be responsible for all coordination necessary to accommodate the material, article, or equipment being provided without additional cost to the OWNER. Unless the name is followed by words indicating that no substitution is permitted, a substitute material, article, or equipment is allowed if it is reasonably equivalent to the brand name specified and CONTRACTOR certifies in writing that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified. . The OWNER has full discretion to decide whether a substitute is reasonably equivalent. CONTRACTOR must notify the OWNER in writing prior to use of the substitute for a specified brand name and allow the OWNER to make a determination before CONTRACTOR uses the substitute. 6. CONTRACT TIME - a. All provisions regarding Contract Time are essential to the performance of this Contract. b. The Work shall be substantially completed within two -hundred and ten (210) calendar days after the date when the Contract Time begins to run. The Work shall be finally completed, ready for Final Payment within two -hundred and forty (240) calendar days after the actual date of Substantial Completion. Oak Lane Road Improvements 00500-2 Construction Agreement 149501007 Form v.12.2022 May 2024 The date of Substantial Completion of the Work is the date certified in writing by the OWNER when (1) construction is sufficiently complete, in accordance with the contract documents, so the OWNER can occupy or utilize the work for its intended purpose, as expressed by the contract documents, and (2) any additional project -specific requirements or milestones for "Substantial Completion" identified in the general, special, or technical conditions or construction plans have been satisfied. c. The parties acknowledge that the Contract Time provided in this Section includes consideration of adverse weather conditions common to Central Florida including the possibility of hurricanes and tropical storms. d. In the event that the Work requires phased construction, then multiple points of Substantial Completion may be established in the SupplementaryConditions. 7. LIQUIDATED DAMAGES - OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in Paragraph 6 above, plus any extensions thereof allowed in accordance with the General Conditions. OWNER and CONTRACTOR also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER $500 for each calendar day that expires after the time specified in Paragraph 6 for substantial completion until the work is substantially complete and $500 for each calendar day that expires after the time specified in Paragraph 6 for final completion until the work is finally complete. The liquidated damages provided in this Section are intended to apply even if CONTRACTOR is terminated, in default, or if the CONTRACTOR has abandoned the Work. This provision binds Contractor's performance bond surety. 8. CONTRACT PRICE, UNIT PRICE CONTRACT - The OWNER will pay the CONTRACTOR in current funds for the performance of the work in accordance with the Contract Documents, subject to additions and deductions approved by Change Order, the Total Contract Price of Eight Hundred six thousand, five hundred seventy-one and 50/100 Dollars ($806,571.50). CONTRACTOR agrees to accept the Contract Price as full compensation for performing all Work, furnishing all Materials, and performing all Work embraced in the Contract Documents. The CONTRACTOR acknowledges that CONTRACTOR studied, considered, and included in CONTRACTOR'S Total Bid all costs of any nature relating to: (1) performance of the Work under Florida weather conditions; (2) applicable law, licensing, and permitting requirements; (3) the Project site conditions, including but not limited to, subsurface site conditions; (4) the terms and conditions of the Contract Documents, including, but not limited to, the indemnification and no damage for delay provisions of the Contract Documents. Oak Lane Road Improvements 00500-3 Construction Agreement 149501007 Form v.12.2022 May 2024 The CONTRACTOR acknowledges that performance of the Work may involve significant Work adjacent to, above, and in close proximity to Underground Facilities including utilities which will require the support of active utilities, as well as, the scheduling and sequencing of utility installations, and relocations (temporary and permanent) by CONTRACTOR. (1) In addition to the acknowledgments previously made, the CONTRACTOR acknowledges that the CONTRACTOR'S Total Bid (original Contract Price) specifically considered and relied upon CONTRACTOR'S own study of Underground Facilities, utilities in their present, relocated (temporary and permanent) and proposed locations, and conflicts relating to utilities and Underground Facilities. (2) The CONTRACTOR acknowledges that CONTRACTOR's Total Bid (original Contract Price) considered and included all of CONTRACTOR's costs relating to CONTRACTOR's responsibilities to coordinate and sequence the Work of the CONTRACTOR with the work of the OWNER, if any, with its own forces, the work of other contractors, if any, and the work of others at the Project site. Payments will be made to the CONTRACTOR for actual quantities installed on the basis of the Schedule of Unit Prices included as a part of the Bid, which shall be as fully a part of the Contract as if attached or repeated herein. Where the Contract Documents provide for Unit Price Work, the Contract Price stated in the Agreement will include for all Unit Price Work an amount equal to the sum of the Unit Prices for each item of Unit Price Work times the estimated quantity of each item as indicated in the Contract Documents. Each Unit Price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover all costs, including supplemental and administrative costs, and profit. 9. TERMINATION; DEFAULT BY CONTRACTOR AND OWNER'S REMEDIES - The OWNER reserves the right to revoke and terminate this Agreement and rescind all rights and privileges associated with this Agreement, without penalty, for convenience. Further, the OWNER reserves the right to revoke and terminate this Agreement in the following circumstances, each of which shall represent a default and breach of this Agreement: a. CONTRACTOR defaults in the performance of any material covenant or condition of this Agreement and does not cure such other default within seven (7) calendar days after written notice from the OWNER specifying the default complained of, unless, however, the nature of the default is such that it cannot, in the exercise of reasonable diligence, be remedied within seven (7) calendar days, in which case the CONTRACTOR shall have such time as is reasonably necessary to remedy the default, provided the CONTRACTOR promptly takes and diligently and continuously pursues such actions as are necessary therefore; or Oak Lane Road Improvements 00500-4 Construction Agreement 149501007 Form v.12.2022 May 2024 b. CONTRACTOR is adjudicated bankrupt or makes any assignment for the benefit of creditors or CONTRACTOR becomes insolvent, or is unable or unwilling to pay its debts; or c. CONTRACTOR has acted negligently, as defined by general and applicable law, in performing the Work hereunder; or d. CONTRACTOR has committed any act of fraud upon the OWNER; or e. CONTRACTOR has made a material misrepresentation of fact to the OWNER while performing its obligations under this Agreement;or f. CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon performance of this Agreement without prejudice to any other right, or remedy OWNER may have under thisAgreement. In the event of an uncured default by CONTRACTOR, the OWNER shall have the right to exercise any other remedy the OWNER may have by operation of law, without limitation, and without any further demand or notice. In the event of such termination, OWNER shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for Work properly performed prior to the effective date of termination, which may be a set-off to Owner'sdamages. 10. FORCE MAJEURE - Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes (except involving CONTRACTOR'S labor force); extraordinary breakdown of or damage to OWNER 's affiliates' generating plants, their equipment, or facilities; court injunction or order; federal and/or state law or regulation; or order by any regulatory agency; ; provided that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. 11. SEVERABILITY - In the event any portion or part thereof of this Agreement is deemed invalid, against public policy, void, or otherwise unenforceable by a court of law, the validity and enforceability of the remaining parts of this Agreement shall otherwise be fullyenforceable 12. PROGRESS PAYMENTS; DUE DATE FOR PROGRESS PAYMENTS; SUBMITTAL OF PAYMENT REQUESTS — No payments shall be made where a Payment and Performance Bond is required herein until OWNER receives a certified copy of the recorded Bond. OWNER shall make progress payments on account of the contract price to CONTRACTOR, on the basis of application for payments submitted to the OWNER or OWNER's Project Manager, by CONTRACTOR as the work progresses, and in accordance with the Contract Documents. Progress payments may be withheld if: Oak Lane Road Improvements 00500-5 Construction Agreement 149501007 Form v.12.2022 May 2024 a. Work is found defective and notremedied; b. CONTRACTOR does not provide consent of surety with each payment application; c. Another contractor is damaged by an act for which CONTRACTOR is responsible; or d. In the opinion of the OWNER that CONTRACTOR's work is not progressing satisfactorily. OWNER herein ((X designates or L) does not designate an agent, i.e., an architect or engineer, that must approve any payment request or invoice before the payment request or invoice is submitted to OWNER for payment. If an agent must approve the payment request or invoice before the payment request or invoice is submitted to OWNER, payment is due 25 business days after the date on which the payment request or invoice is stamped as received as provided in s. 218.74(1), Florida Statutes, except to the extent that the payment request or invoice does not meet contract requirements. The CONTRACTOR may send OWNER an overdue notice. If the payment request or invoice is not rejected within 4 business days after delivery of the overdue notice, the payment request or invoice shall be deemed accepted, except for any portion of the payment request or invoice that is inaccurate or misleading. If an agent need not approve the payment request or invoice submitted by CONTRACTOR, payment is due 20 business days after the date on which the payment request or invoice is stamped as received as provided in s. 218.74(1), Florida Statutes, except to the extent that the payment request or invoice does not meet contract requirements. If OWNER disputes a portion of a payment request or an invoice, the undisputed portion shall be timely paid. OWNER shall reject payment requests or invoices in accordance with the procedure established in s. 218.735, Florida Statutes. OWNER hereby identifies Kimley Horn as the agent or office to which the CONTRACTOR must submit payment requests or invoices to OWNER. The OWNER further hereby identifies Eric Benson, as the agent that must approve payment requests prior to their submission to OWNER. 13. FINAL PAYMENT; CHANGE ORDERS - OWNER shall withhold up to 5% of the Contract Price throughout the project in accordance with the Local Government Prompt Payment Act ("Act"). The retainage amount withheld may be released with the Final Payment after the issuance of the Final Completion Certificate. Consent of surety is required for final payment. OWNER shall make final payment to CONTRACTOR within thirty (30) days after the work is fully and properly completed, if the contract has been fully and timely performed, but subject to the condition that final payment shall not be due until CONTRACTOR has delivered to OWNER all close-out documentation. By making payments OWNER does not waive claims including but not limited to those relating to: Oak Lane Road Improvements 00500-6 Construction Agreement 149501007 Form v.12.2022 May 2024 a. Faulty workappearing after substantial completion has been granted; b. Work that does not comply with the Contract Documents; or c. Failure of Contractor to comply with any special guarantees required by the Contract Documents. Progress payments may be withheld if Work is found defective and not remedied; CONTRACTOR does not provide consent of surety with each progress application a subcontractor is damaged by an act for which CONTRACTOR is responsible; or in the opinion of the OWNER, CONTRACTOR'S work is not progressing satisfactorily. Further, OWNER may withhold additional payment in anticipation of liquidated damages equal to the product of the number of Days after the scheduled Contract Time (Substantial Completion or Final Completion) and the amount of liquidated damages set forth in this Contract if CONTRACTOR is behind schedule and it is anticipated by OWNER that the Work will not be completed within the Contract Time. The additional payment, under this subsection, may at the OWNER'S discretion be withheld from subsequent Progress Payments. The City, by written change order and without invalidating the Agreement, may order extra Work or make changes by altering, adding to, or deducting from the Work, the contract sum being adjusted accordingly. Additional time required for any change in Work must be included with the requested Change Order. In giving instructions, the City's Project Manager will have authority to make minor changes in the Work, not involving extra cost or time, and not inconsistent with the purpose of the Work, but otherwise, except in an emergency endangering life or property, no extra work or change will be made unless it goes through the City's written Change Order process and is approved by the City, and no claim for an addition to the contract sum or time will be valid unless so ordered in writing. The value of any such extra Work or change will be determined in one or more of the following ways: 1. By mutual acceptance of a lump sum. 2. By unit prices named in the contract or subsequently agreed upon. 3. By cost and percentage or by cost and a fixed fee. If none of the above methods is agreed upon, the CONTRACTOR, provided it receives an order as above, shall proceed with the work. In such case and also under case (3) above, the CONTRACTOR shall keep and present in such form as the City's Project Manager may direct, a correct account of the actual cost of labor and materials, substantiated by back- up documentation. In any case, the City's Project Manager will certify to the amount, including reasonable allowances for overhead and profit, due to the CONTRACTOR. Oak Lane Road Improvements 00500-7 Construction Agreement 149501007 Form v.12.2022 May 2024 Pending final determination of value, payments on account of changes will be made on the City's Project Manager's estimate. Furthermore, if the CONTRACTOR claims that any instructions by drawings or otherwise involve extra cost under the Contract Documents, it shall give the City written notice thereof within ten (10) days after the receipt of such instructions, and in any event before proceeding to execute the work, except in emergency endangering life or property, and the procedure shall then be as provided above under this section. Claims will not be processed unless filed in writing before any work has commenced. In addition, if the City's Project Manager deems it appropriate the City may accept defective or incomplete work and an equitable deduction from the Contract Price will be made therefor by Change Order. 14. DESIGNATION OF PROJECT MANAGER OR ARCHITECT OR LANDSCAPE ARCHITECT: DUTIES AND AUTHORITY - The duties and authority of the OWNER are as follows: a. General Administration of Contract. The primary function of the OWNER is to provide the general administration of the contract. In performance of these duties, Tim Carlisle, Capital Projects Director or his authorized representative is the OWNER's Project Manager during the entire period of construction. The OWNER (CITY) may change the Project Manager during the term of thiscontract. b. Inspections, Opinions, and Progress Reports. The OWNER and its representatives shall be kept familiar with the progress and quality of the work by CONTRACTOR and may make periodic visits to the work site. The OWNER will not be responsible for the means of construction, or for the sequences, methods, and procedures used therein, or for the CONTRACTOR'S failure to perform the work in accordance with the Contract Documents. c. Access to Worksite for Inspections. The OWNER and its representatives shall be given free access to the worksite at all times during work preparation and progress. The Project Manager is not obligated to make exhaustive or continuous on -site inspections to perform his duties of checking and reporting on work progress, and any such inspections shall not waive Owner's claim regarding defective work by Contractor. No inspector is authorized to change any provision of the specifications without written authorization of the City's Project Manager, nor shall the presence or absence of an inspector relieve the CONTRACTOR from any requirements of the Contract Documents. If the specifications, the City's instructions, laws, ordinances, or any public authority, require any work to be specially tested or approved, the CONTRACTOR shall give the City timely notice of its readiness for inspection, and of the date fixed for such inspection. Inspections by the City's Project Manager will be promptly made. If upon inspection such work is found not in accordance with the Contract Documents, the CONTRACTOR shall pay such cost, including compensation for professional services, and an appropriate deductive Change Order shall be issued. Oak Lane Road Improvements 00500-8 Construction Agreement 149501007 Form v.12.2022 May 2024 d. Interpretation of Contract Documents: Decisions on Disputes. The OWNER will be the initial interpreter of the contract document requirements, and make decisions on claims and disputes between Contractor and Owner. e. Rejection and Stoppage of Work. The OWNER shall have authority to reject work which in its opinion does not conform to the Contract Documents, and in this connection may stop the work or a portion thereof, when necessary. f. Payment Certificates. The OWNER will determine the amounts owing to CONTRACTOR as the work progresses, based on CONTRACTOR's applications and OWNER's inspections and observations, and will issue certificates for progress payments and final payments in accordance with the terms of the Contract Documents. g. City Reviews and Status. The City's review, inspection, or approval of any Work, applications for payment, or other submittals shall be solely for the purpose of determining whether the same are generally consistent with the City's scope and requirements for the project. No review, inspection, or approval by the City of such Work or documents shall relieve the CONTRACTOR of its responsibility for the performance of its obligations under the Contract Documents or the accuracy, adequacy, fitness, suitability, or coordination of the Work. Approval by any governmental or other regulatory agency or other governing body of any Work, design document, or construction document shall not relieve CONTRACTOR of responsibility for the performance of its obligations under the Contract Documents. Payment by the City pursuant to the Contract Documents shall not constitute a waiver of any of the City's rights under the Contract Documents or at law, and CONTRACTOR expressly accepts the risk that defects in its performance, if any, may not be discovered until after payment, including final payment, is made by the City. Notwithstanding the foregoing, prompt written notice shall be given by the City or City Project Manager to the CONTRACTOR if the City becomes aware of any fault or defect in the Projects or non-conformance with the Contract Documents. Furthermore, the City shall not have control or charge of construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work, nor shall the CONTRACTOR, for any of the foregoing purposes, be deemed the agent of the City. 15. PROGRESS MEETINGS — OWNER'S Project Manager may hold periodic progress meetings on a monthly basis, or more frequently if required by the OWNER, during the term of work entered into under this Agreement. CONTRACTOR'S Project Manager and all other appropriate personnel shall attend such meetings as designated by the OWNER'S ProjectManager. 16. RESPONSIBILITIES OF CONTRACTOR - CONTRACTOR's duties and rights in connection with the project herein are asfollows: a. Responsibility for Supervision and Construction. CONTRACTOR shall be solely responsible for all construction under this contract, including the techniques, sequences, Oak Lane Road Improvements 00500-9 Construction Agreement 149501007 Form v.12.2022 May 2024 procedures and means, for the coordination of all work. CONTRACTOR shall supervise and direct the work, and give it all attention necessary for such proper supervision and direction. b. Discipline and Employment. CONTRACTOR shall maintain at all times strict discipline among his employees, and he agrees not to employ for work on the project any person unfit or without sufficient skill to perform the job for which he was employed. c. Furnishing of Labor. Materials. etc. CONTRACTOR shall provide and pay for all labor, materials and equipment, including tools, construction equipment and machinery, utilities, including water, transportation, and all other facilities and work necessary for the proper completion of work on the project in accordance with the Contract Documents. d. Payment of Taxes: Procurement of Licenses and Permits. CONTRACTOR shall secure all licenses and permits necessary for proper completion of the work, paying the fees thereof. CONTRACTOR warrants that it (and subcontractors or tradesmen, if authorized in the Contract Documents) hold or will secure all trade or professional licenses required by law for CONTRACTOR to undertake the contract work. e. Guarantee. The CONTRACTOR hereby guarantees the Work to the full extent provided in the Plans, Specifications, General Conditions, Special Conditions and other Contract Documents. The CONTRACTOR shall remove, replace and/or repair at its own expense and at the convenience of the OWNER any faulty, defective or improper Work, materials or equipment discovered within one (1) year from the date of the acceptance of the project as a whole by the Owner or for such longer period as may be provided in the Plans, Specifications, General Conditions, Special Conditions or other Contract Documents. Without limiting the generality of the foregoing, the CONTRACTOR warrants to the OWNER, that all materials and equipment furnished under this Agreement will be of first class quality and new, unless otherwise required or permitted by the other Contract Documents, that the Work performed pursuant to this Agreement will be free from defects and that the Work will strictly conform with the requirements of the Contract Documents. Work not conforming to such requirements, including substitutions not properly approved and authorized, shall be considered defective. All warranties contained in this Agreement and in the Contract Documents shall be in addition to and not in limitation of all other warranties or remedies required and/or arising pursuant to applicable law. Furthermore, CONTRACTOR will provide written guarantee for work and materials for one (1) calendar year after acceptance by OWNER. The one (1) period is not a limitation upon manufacturer warranties or CONTRACTOR's payment and performance Bond(s). f. Project Site. The CONTRACTOR shall, among other things, (i) visit and thoroughly inspect the project site and any structure(s) or other man-made features to be modified and become familiar with local conditions under which the project will be constructed and operated; (ii) if applicable, familiarize itself with the survey, including the location of all existing buildings, utilities, conditions, streets, equipment, components, and other attributes having or likely to have an impact on the project; (iii) familiarize itself with the Oak Lane Road Improvements 00500-10 Construction Agreement 149501007 Form v.12.2022 May 2024 City's layout and design requirements, conceptual design objectives, and budget for the project; (iv) familiarize itself with pertinent Project dates, including the Project Schedule; (v) review and analyze all project geotechnical, hazardous substances, structural, chemical, electrical, mechanical, and construction materials tests, investigations, and recommendations; and (vi) gather any other information necessary for a thorough understanding of the project. If the project involve modifications to any existing structure(s) or other man-made feature(s) on the project site, the CONTRACTOR shall also review all as -built and record drawings, plans, and specifications of adjacent work which the CONTRACTOR requests from the City, and shall thoroughly inspect the existing structure(s) and man-made feature(s) to identify existing deficiencies and ascertain the specific locations of pertinent structural components. Claims by the CONTRACTOR resulting from its failure to familiarize itself with the project site or pertinent documents shall be deemed waived. 17. ASSIGNMENT - CONTRACTOR shall not assign this Agreement, or any rights or any monies due or to become due hereunder without the prior, written consent of the OWNER. a. CONTRACTOR shall be fully responsible to OWNER for all acts and/or omissions performed by its subcontractors. b. If CONTRACTOR, prior to the commencement of any Work subcontracts any part of this Agreement by the subcontractor, CONTRACTOR shall require the subcontractor to provide OWNER and its affiliates with insurance coverage as set forth by the OWNER. 18. THIRD PARTY RIGHTS - Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than OWNER and CONTRACTOR. 19. PROHIBITION AGAINST CONTINGENT FEES - CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of thisAgreement. 20. NO JOINT VENTURE - Nothing herein shall be deemed to create a joint venture or principal - agent relationship between the parties and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other party. 21. INDEMNIFICATION — CONTRACTOR shall indemnify and hold harmless the OWNER, its officers, employees, agents, engineer, and city attorneys (individually and in their official capacity, from liability, losses, damages, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful Oak Lane Road Improvements 149501007 00500-11 Construction Agreement Form v.12.2022 May 2024 misconduct of CONTRACTOR and persons employed or utilized by CONTRACTOR in the performance of this Agreement. CONTRACTOR specifically assumes potential liability for actions brought by CONTRACTOR'S own employees against the OWNER and, solely for the purpose of this indemnification and defense, CONTRACTOR specifically waives its entitlement, if any, to immunity under Section 440.11, Florida Statutes. This waiver has been specifically and mutually negotiated by the parties. The indemnification provided above shall obligate the CONTRACTOR to defend at its own expense or to provide for such defense, at the option of the OWNER, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against the OWNER or its officers, employees, and city attorneys which may covered by this indemnification. In all events the OWNER and its officers, employees, engineer, and city attorneys shall be permitted to choose legal counsel of its sole choice, the fees for which shall be reasonable and subject to and included with this indemnification provided herein. In consideration of the CONTRACTOR'S indemnity obligations, the parties allocate ONE PERCENT (1%) OF THE CONTRACT SUM as specific consideration for CONTRACTOR'S indemnification of OWNER and that the specific consideration is included in the original Contract Price allocated by CONTRACTOR among all pay items - receipt of which is acknowledged. The indemnity provisions set forth in this Paragraph shall survive termination of this Agreement. 22. SAFETY - CONTRACTOR shall be solely and absolutely responsible and assume all liability for the safety and supervision of its principals, employees, contractors, and agents while performing work provided hereunder. More specifically, the CONTRACTOR shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. The CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 1. All employees on the project site and other persons who may be affected thereby. 2. All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the projectsite. 3. Other property at the project site or adjacent thereto. CONTRACTOR shall comply with all applicable Federal Occupational Safety and Health Administration (OSHA) and Florida Department of Transportation safety standards and shall assure and monitor the compliance of its Subcontractors with those same standards. Further, CONTRACTOR shall work in compliance with the OSHA Hazardous Communication Standard and Florida Department of Environmental Protection guidelines, and shall supply all Oak Lane Road Improvements 00500-12 Construction Agreement 149501007 Form v.12.2022 May 2024 information about hazardous chemical being brought onto City property as required by any applicable City Safety and Loss Control Program. 23. CORPORATE REPRESENTATIONS BY CONTRACTOR - CONTRACTOR hereby represents and warrants to the OWNER thefollowing: a. CONTRACTOR is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this Agreement. b. The undersigned signatory for CONTRACTOR has the power, authority, and the legal right to enter into and perform the obligations set forth in this Agreement and all applicable exhibits thereto, and the execution, delivery, and performance hereof by CONTRACTOR has been duly authorized by the board of directors and/or president of CONTRACTOR. In support of said representation, CONTRACTOR agrees to provide a copy to the OWNER of a corporate certificate of good standing provided by the State of Florida prior to the execution of thisAgreement. c. CONTRACTOR is duly licensed under all local, state and federal laws to provide the work stated in paragraph 1.0 herein. In support of said representation, CONTRACTOR agrees to provide a copy of all said licenses to the OWNER prior to the execution of this Agreement. 24. BOND - CONTRACTOR shall supply a materials, performance and payment bond(s) in accordance with Florida law and in substantially in conformance with the forms attached to the Agreement as Exhibit "A" and approved by the City Attorney. The materials, performance, and payment amounts shall be in an amount equal to 100% of the Contract Price for the work prescribed herein. The issuance of bonds required under this Agreement shall not relieve Contractor of any liability under the Agreement. Contractor shall remain jointly and severally liable with any surety issuing a bond under the Contract. The premium for such bonds is included in the Contract Price. 25. INSURANCE - During the term of this Agreement, CONTRACTOR shall be responsible for providing the types of insurance and limits of liability as set forth under this Paragraph. Additionally, all independent contractors or agents employed by CONTRACTOR to perform any Work hereunder shall fully comply with the insurance provisions contained in these Contract Documents. a. The CONTRACTOR shall maintain comprehensive general liability insurance in the minimum amount of $2,000,000 as the combined single limit for each occurrence to protect the CONTRACTOR from claims of property damages which may arise from any Work performed under this Agreement whether such Work are performed by the CONTRACTOR or by anyone directly employed by or contracting with the CONTRACTOR. b. The CONTRACTOR shall maintain comprehensive automobile liability insurance in the minimum amount of $1,000,000 combined single limit bodily injury and minimum Oak Lane Road Improvements 00500-13 Construction Agreement 149501007 Form v.12.2022 May 2024 $1,000,000 property damage as the combined single limit for each occurrence to protect the CONTRACTOR from claims for damages for bodily injury, including wrongful death, as well as from claims from property damage, which may arise from the ownership, use, or maintenance of owned and non -owned automobiles, including rented automobiles whether such operations be by the CONTRACTOR or by anyone directly or indirectly employed by the CONTRACTOR. c. The CONTRACTOR shall maintain, during the life of this Agreement, adequate Workers' Compensation Insurance in at least such amounts as are required by law and Employer's Liability Insurance in the minimum amount of $2,000,000 for all of its employees performing Work for the OWNER pursuant to thisAgreement. d. The CONTRACTOR shall maintain comprehensive builder risk insurance, which shall cover CONTRACTOR'S labor, and any materials and equipment to be used for completion of the Work performed under this Agreement, against all risks of direct physical loss, excluding earthquake and flood, for a minimum amount of the Total Contract Price. CONTRACTOR shall maintain the builder risk insurance required by this subsection until final completion. Current, valid insurance policies meeting the requirements herein identified shall be maintained during the term of this Agreement. A copy of a current Certificate of Insurance shall be provided to the OWNER by CONTRACTOR upon the Effective Date of this Agreement which satisfied the insurance requirements of this Paragraph 25. Renewal certificates shall be sent to the OWNER 30 days prior to any expiration date. There shall also be a 30-day advance written notification to the OWNER in the event of cancellation or modification of any stipulated insurance coverage. The OWNER and its engineer shall be an additional named insured on all stipulated insurance policies as its interest may appear, from time to time, excluding worker's compensation and professional liability policies. Insurance covering the specified additional insureds shall be primary insurance, and all other insurance carried by the additional insured shall be excess insurance; and with respect to workers' compensation and employer's liability, comprehensive automobile liability, commercial general liability, and umbrella liability insurance, CONTRACTOR shall require CONTRACTOR's insurance carriers to waive all rights of subrogation against OWNER and its engineer, the engineer's consultants, and their respective officers, directors, partners, employees and agents. Each policy shall contain a cross liability or severability of interest clause or endorsement. 26. MEDIATIONNENUE - The parties agree that should any dispute arise between them regarding the terms or performance of this Agreement, both parties will participate in mediation. The parties agree to equally share the cost of the mediator. Should the parties fail to resolve their differences through mediation, then any cause of action filed hereunder shall Oak Lane Road Improvements 00500-14 Construction Agreement 149501007 Form v.12.2022 May 2024 be filed in the Circuit or County Court for BREVARD County, Florida. The Contractor's surety is bound by this provision. 27. GOVERNING LAW & VENUE - This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be BREVARD County, Florida. Venue for any federal action or litigation shall be Orlando, Florida. The Contractor's surety is bound by this provision. 28. ATTORNEY'S FEES - Should either party bring an action to enforce any of the terms of this Agreement, each party shall bear its own costs and expenses of such action including, but not limited to, reasonable attorney's fees, whether at settlement, trial or on appeal. This provision does not apply to Contractor's surety. 29. NOTICES - Any notice or approval under this Contract shall be sent, postage prepaid, to the applicable party at the address shown on the first page of this Contract. 30. WORK IS A PRIVATE UNDERTAKING - With regard to any and all Work performed hereunder, it is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the OWNER and CONTRACTOR is such that the CONTRACTOR is an independent contractor and not an agent of the OWNER. The CONTRACTOR, its contractors, partners, agents, and their employees are independent contractors and not employees of the OWNER. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the OWNER, on one hand, and the CONTRACTOR, its contractors, partners, employees, or agents, during or after the performance of the Work under this Agreement. 31. DOCUMENTS - Public Records: It is hereby specifically agreed that any record, document, computerized information and program, audio or video tape, photograph, or other writing of the CONTRACTOR and its independent contractors and associates related, directly or indirectly, to this Agreement, may be deemed to be a Public Record whether in the possession or control of the OWNER or the CONTRACTOR. Said record, document, computerized information and program, audio or video tape, photograph, or other writing of the CONTRACTOR is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the OWNER's City Manager. Upon request by the OWNER, the CONTRACTOR shall promptly supply copies of said public records to the OWNER. All books, cards, registers, receipts, documents, and other papers in connection with this Agreement shall at any and all reasonable times during the normal working hours of the CONTRACTOR be open and freely exhibited to the OWNER for the purpose of examination and/or audit. Failure by CONTRACTOR to grant such access and comply with public records laws and/or requests shall be grounds for immediate unilateral cancellation of this Agreement by the OWNER upon delivery of a written notice of cancellation. If CONTRACTOR fails to comply with this Section, and the OWNER must enforce this Section, or the OWNER suffers a third party award of attorney's fees and/or damages for violating Chapter 119, Florida Statutes, due to CONTRACTOR's failure to comply with this Section, the OWNER shall collect from Oak Lane Road Improvements 00500-15 Construction Agreement 149501007 Form v.12.2022 May 2024 CONTRACTOR prevailing party attorney's fees and costs, and any damages incurred by the City, for enforcing this Section against CONTRACTOR. And, if applicable, the OWNER shall also be entitled to reimbursement of all attorneys' fees and damages which the OWNER had to pay a third party because of the CONTRACTOR's failure to comply with this Section. The terms and conditions set forth in this Section shall survive the termination of this Agreement. The CONTRACTOR acknowledges that the OWNER is a Florida municipal corporation and subject to the Florida Public Records Law. CONTRACTOR agrees that to the extent any document produced by CONTRACTOR under this Agreement constitutes a Public Record; CONTRACTOR shall comply with the Florida Public Records Law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, THE CITY CLERK, AT (321) 868-1220, cityclerk@capecanaveral.gov City Clerk's Office, 100 Polk Avenue, Cape Canaveral, Florida 32920. 32. SOVEREIGN IMMUNITY - The OWNER intends to avail itself of the benefits of Section 768.28, Florida Statutes and any other statutes and common law governing sovereign immunity to the fullest extent possible. Neither this provision nor any other provision of this Agreement shall be construed as a waiver of the OWNER's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the OWNER's potential liability under state or federal law. CONTRACTOR agrees that OWNER shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, OWNER shall not be liable for any claim or judgment, or portion thereof, to any one person for over two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds three hundred thousand dollars ($300,000.00). Nothing in this Agreement is intended to inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. This paragraph shall survive termination of this Agreement. 33. HEADINGS - Paragraph headings are for the convenience of the parties only and are not to be construed as part of thisAgreement. 34. INTEGRATION; MODIFICATION - The drafting, execution, and delivery of this Agreement by the Parties has been induced by no representations, statements, warranties, or agreements other than those expressed herein. This Agreement embodies the entire understanding of the parties, and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein. Modifications of this Agreement shall only be made in writing signed by both parties. Oak Lane Road Improvements 00500-16 Construction Agreement 149501007 Form v.12.2022 May 2024 35. WAIVER AND ELECTION OF REMEDIES - Waiver by either party of any terms, or provision of this Agreement shall not be considered a waiver of that term, condition, or provision in the future. No waiver, consent, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party hereto. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. 36. DRAFTING - OWNER and CONTRACTOR each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. 37. NOTICE - Any notices required to be given by the terms of this Agreement shall be delivered by hand or mailed, certified mail, return receipt requested, postage prepaid to: For CONTRACTOR: Company Name: Attn: Address: Phone: Fax: For OWNER: City of Cape Canaveral Attn: City Manager 100 Polk Avenue Cape Canaveral, Florida 321-868-1220 Either party may change the notice address by providing the other party written notice of the change. Any Notice given as provided herein shall be deemed received as follows: if delivered by personal service, on the date so delivered; if delivered to an overnight courier service, on the business day immediately following delivery to such service; and if mailed, on the third business day after mailing. 38. CONFLICT OF INTEREST. a. The CONTRACTOR agrees that it will not engage in any action that would create a conflict of interest in the performance of its obligations pursuant to this Contract with the OWNER or which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government and the OWNER's Personnel Policies. Oak Lane Road Improvements 00500-17 Construction Agreement 149501007 Form v.12.2022 May 2024 b. The CONTRACTOR hereby certifies that no officer, agent or employee of the OWNER has any material interest (as defined in Section 112.312 (15), Florida Statutes, as over five percent (5%) either directly or indirectly, in the business of the CONTRACTOR to be conducted here, and that no such person shall have any such interest at any time during the term of this CONTRACT. c. Pursuant to Section 216.347, Florida Statutes, the CONTRACTOR hereby agrees that monies received from the OWNER pursuant to this Agreement will not be used for the purpose of lobbying the Legislature or any other State or Federal Agency. 39. ADDITIONAL ASSURANCES. a. No principal (which includes officers, directors, or executive) or individual holding a professional license and performing Work under this Agreement is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any Work required by this Agreement by any Federal, State, or local governmental commission, department, corporation, subdivision, or agency; b. No principal (which includes officers, directors, or executive), individual holding a professional license and performing Work under this Agreement, employee, or agent has employed or otherwise provided compensation to, any employee or officer of the OWNER; and c. No principal (which includes officers, directors, or executive), individual holding a professional license and performing Work under this Agreement, employee or agent has willfully offered an employee or officer of the OWNER any pecuniary or other benefit with the intent to influence the employee or officer's official action or judgment. Oak Lane Road Improvements 00500-18 Construction Agreement 149501007 Form v.12.2022 May 2024 40. E-VERIFY - Pursuant to section 448.095, Florida Statutes, beginning January 1, 2021, any City contractors shall register with and use the U.S. Department of Homeland Security's E- Verify system, https://e-verify.uscis.gov/emp, to verify the work authorization status of all employees hired on and after January 1, 2021. City Contractors must provide evidence of compliance with section 448.095, Florida Statutes. Evidence shall consist of an affidavit from the Contractor stating all employees hired on and after January 1, 2021 have had their work authorization status verified through the E-Verify system and a copy of their proof of registration in the E- Verify system. Failure to comply with this provision will be a material breach of the contract, and shall result in the immediate termination of the contract without penalty to the City. The City Contractor shall be liable for all costs incurred by the City securing a replacement contract, including but not limited to, any increased costs for the same services, any costs due to delay, and rebidding costs, if applicable. If the City Contractor utilizes Subcontractors the following shall apply: a. Contractor shall also require all subcontractors performing work under the Agreement to use the E-Verify system for any employees they may hire during the term of the Agreement. b. Contractor shall obtain from all such subcontractors an affidavit stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, as defined in section 448.095, Florida Statutes. c. Contractor shall provide a copy of all subcontractor affidavits to the City upon receipt and shall maintain a copy for the duration of the Agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. CITY OF CAPE CANAVERAL By: Todd Morley, City Manager Date: ATTEST: Mia Goforth, City Clerk Oak Lane Road Improvements 00500-19 Construction Agreement 149501007 Form v.12.2022 May 2024 CONTRACTOR By: Print name/title: Date: STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ( ) physical presence or ( ) online notarization, this day of , 2024, by , the of , who is personally known to me or who produced as identification and who did take an oath. (Notary Public Signature) (Print Name) Notary Public, State of Commission No.: My Commission Expires: Oak Lane Road Improvements 00500-20 Construction Agreement 149501007 Form v.12.2022 May 2024 SECTION 00600 PERFORMANCE AND PAYMENT BOND In compliance with the Florida Statutes Chapter 255.05 (1) (a) BOND NO.: Contractor Name: Contractor Address: Contractor Phone No.: Surety Company: Surety Agent: Owner Name: Owner Address: Owner Phone No. Owner Fax No. Owner Email: Contract Date: Contract Amount: Bond Amount: Contract No. (if applicable): City of Cape Canaveral 100 Polk Avenue Cape Canaveral, Florida 32920 (321) 868-1220 Ext 208 (321) 868-1247 T.morley@capecanaveral.gov S S Oak Lane Road Improvements 00600-1 Performance and Payment Bond 149501007 May 2024 Description of Work: Project Address: Legal Description: Bid Number: BY THIS BOND, we as Principal and a Corporation as Surety, are bound to City of Cape Canaveral , herein called Owner, in the sum of $ , for payment of which we bind ourselves, our heirs, Personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: a Performs the contract dated , 20 , between Principal and Owner for construction of as specified forthe location, the contract being made a part of this bond by reference, at the times and in the manner prescribed in this contract; and b. Promptly makes payments to all claimants, as defined in section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution if the work provided for the contract; and c. Pays Owner all losses, damages, including delay damages, expenses, and costs that Owner sustains because of a default by Principal under the contract; and d Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract and by law, then this bond is to be void; otherwise, it remains in full force and effect. e. In any action against this performance bond, the Owner is entitled to attorney's fees under sections 627.428 and 627.756, Florida Statutes, and Danis Industries Corp. v. Ground Improvement Techniques, 645 So.2d 420 (Fla. 1994) and McCarthy Bros. Co. v. Tilbury Construction, Inc., 849 So.2d 7 (Fla. IstDCA 2003), including appellate attorney's fees. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. Oak Lane Road Improvements 00600-2 Performance and Payment Bond 149501007 May 2024 IN WITNESS WHEREOF, the said Principal and Surety have assigned and sealed this instrument this day of 20 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signature Title SURETY Company: (Corporate Seal) Signature Title Oak Lane Road Improvements 00600-3 Perforinance and Payment Bond 149501007 May 2024 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • SEPTEMBER 17, 2024 AGENDA ITEM SUMMARY • ITEM # 14 Subject: Consider designating a City Staff member to work with the Brevard Homeless Coalition's House Bill 1365 Advisory Council. Department: City Clerk's Office Summary: Earlier in this Meeting, City Council will have been provided a presentation by Amber Carroll, Executive Director of the Brevard Homeless Coaltion (BHC). As part of said presentation, BHC is requesting City Council designate a City Staff member to work with their House Bill 1365 Advisory Council. Should City Council decide to do so, and take action to designate a City Staff member to the BHC House Bill 1365 Advisory Council, Staff will follow-up accordingly with BHC. Submitting Department Director: Mia Goforth Attachments: None. Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Consider designating a City Staff member to work with the Brevard Homeless Coalition's House Bill 1365 Advisory Council. Approved by City Manager: Todd Morley CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • SEPTEMBER 17, 2024 AGENDA ITEM SUMMARY • ITEM # 15 Subject: Update to the January 24, 2024 Special Council Meeting. Department: City Manager's Office and Community and Economic Development Summary: At its May 21, 2024 Regular Meeting, the Council reached consensus to keep the January 24, 2024 Special Council Meeting Update on the Agenda each month as a discussion item. Please see the table below, which provides status updates for each of the items of Council consensus reflected in the January 24, 2024 Meeting Minutes (Attached): 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. Complete. See Laserfiche folder: CC-LF\Public Records Requests and Reports\Fillmore Updates From Staff. The Building Official (BO) resigned on April 30, 2024. However, prior to his departure, the former BO stated that a written statement would be provided to the C&ED Director at the completion of the on -going site improvements as recommended in the Kimley Horn and Associates (KHA) Stormwater Report. The new Building Official will provide the statement when the project is completed. 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 Complete. See Laserfiche folder: CC-LF\Public Records Requests and Reports\Fillmore Updates From Staff. Kimley Horn & Associates (KHA) submitted a Stormwater Memorandum dated April 4, 2024. KHA reviewed this Memorandum at the April 22, 2024 Regular City Council Meeting. The Memorandum included information regarding the findings of their site visit, findings of their review of all site -related permit documents and also included recommendations. City of Cape Canaveral City Council Meeting • September 17, 2024 Agenda Item # 15 Page 2 of 4 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. 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. Complete. FPL stated that due to security reasons, it is not their practice to provide utility plans. The removal of the overhead lines (Spectrum) was finalized on 3/20/24. FPL removed the utility pole on 4/11/24. On July 31, 2024, City Staff, including, the City Manager, City Attorney, City Engineer and C&ED Deputy Department Director met with Allen Engineering, Mr. Wittekind, representing Cape III, LLC, and his attorney to review compliance issues remaining. The City Attorney has been in contact with the attorney representing Cape III, LLC. The City Manager has offered to meet with owners of the Fillmore Townhomes. Complete. See Laserfiche folder: CC-LF\Public Records Requests and Reports\Fillmore Updates From Staff. Presented at the July 10, 2024 City Council Special Meeting. 114 116 118 and 120 Jackson Avenue: Item 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 Status Complete. See Laserfiche folder: CC-LF\Public Records Requests and Reports\Jackson Avenue Code Enforcement Correspondence. • What is included: o Field Notes o Official Notices (Notices of Violation, Revised Notices of City of Cape Canaveral City Council Meeting • September 17, 2024 Agenda Item # 15 Page 3 of 4 employed by the City's Code Enforcement Department. Violation, Code Enforcement Board minutes, Code Enforcement Board Orders, Notices of Hearings, Orders of the Special Magistrate, Special Magistrate Agenda Packets. • What is not included: Working draft documents were determined to be unhelpful and have created some confusion. For these reasons, working draft documents have not been placed in the Laserfiche folder. 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. Complete. See Laserfiche folder: CC-LF\Public Records Requests and Reports\Jackson Avenue Code Enforcement. 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. Ongoing. Complete. See Laserfiche folder: CC-LF\Public Records Requests and Reports\Jackson Avenue Code Enforcement. Additional: Due to lack of substantiating evidence, the entry under 5/24/23, "Staff received a complaint, while conducting the site visit from the owner of the thrift store regarding the filling in of the required swale", has been stricken from the Code Officer Field Notes record. Moving forward, Code Enforcement Staff will document all violations and compliance with date and time stamped video, photographic, or other appropriate evidence, as applicable, prior to creating the record. Submitting Department Director: Todd Morley and Brianna Soat City of Cape Canaveral City Council Meeting • September 17, 2024 Agenda Item # 15 Page 4 of 4 Attachment: Minutes of January 24, 2024 Regular City Council Meeting Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Discuss Update to the January 24, 2024 Special Council Meeting. Approved by City Manager: Todd Morley 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 APPROVAL OF AGENDA AS WRITTEN OR WITH Mayor Pro Tem Kellum, seconded by Council Memb The motion carried 5-0. 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 AMENDMENTS: A motion was made by er Willis, to approve the Agenda as written. 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. GAiUA t, �v b� ''9� 1SL :2J Daniel LeFe • • p to ty Clerk aelpry.'3vt' es Morrison, Mayor ITEM # 16 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: September 4, 2024 RE: Monthly Financial Report — July 2024 Staff is pleased to present the Monthly Financial Report for the period ending July 31, 2024. At this point in the Fiscal Year, the Year -to -Date Actuals should be 83.3% of the total annual budget. Total General Fund Departmental costs are 4.1% below target. Administrative Services is running below target at 76.7%. Community Development/Code Enforcement/Economic Development is under target at 79.8%. Building Department is under target at 63%. Protective Services are over target by 8.7%. Fire Rescue is running above target by 6.6%. Parks Recreation/Community Affairs is 1.4% under target. Non -Departmental expenditures are below budgetary projections by 5.6%. The Community Redevelopment Agency (CRA) has incurred $1,220,306 of expenses for the current Fiscal Year. Wastewater Fund overall costs are under target at 16.1%. The Stormwater Fund is under target cost at 43%. The City's General Fund investments total $7,136,961.99; Special Revenue investments total $1,583,560.04; and Enterprise Fund investments total $1,186,015.83. The Grand total of all investments is $9,906,537.86. The Annual Rate of Return for each Investment is attached. If you have questions or wish anything additional, please contact me. City of Cape Canaveral Fund Narrative Period Ended July 31, 2024 Revenue (10th month of fiscal year = 83%) Ad Valorem Tax To date, the City has received 101.7% 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 - May and accruals for June and July. This is on target at 83.5%. Franchise Fees, Utility Service Taxes and Communications Service Tax This amount represents some actuals for October - May and some accruals for June and July. These are on target at 83.8%. Permits and Licenses Permits and Licenses are slightly above target at 86.8%. This will see greatest revenue in August/September when the BTR renewals are mailed out. State Shared Revenues These revenues are on target at 82.6%. This amount represents some actuals for October -July, 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 June and an accrual for July. These are above target at 99%. Recreation Fees (Leisure Services) Recreation Fees are below target at 64.9%. Investment Income Investment Income is above target at 131.2%. 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 June and an accrual for July. It is below target at 74.5%. Stormwater Utility Fees (Stormwater Fund) This amount represents actual collections for October through June and an accrual for July. It is on target at 83.2%. City of Cape Canaveral Statement of Revenues&Expenditures Period Ended July 31,2024 alib GENERAL FUND FY 2023-2024 July 24 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 5,446,700 3,625,000 66.6% 4,538,917 Cash Forward- R&R 200,000 0.0% 166,667 Ad Valorem Taxes 6,260,562 6,365,375 101.7% 5,217,135 Local Option Gas Tax 358,000 299,003 83.5% 298,333 Franchise Fees 985,500 825,955 83.8% 821,250 Utility Taxes 1,376,750 1,236,298 89.8% 1,147,292 Communications Service Tax 424,000 329,941 77.8% 353,333 Permits&Licenses 678,475 588,635 86.8% 565,396 Federal Grants 956,500 0.0% 797,083 State Grants 75,000 0.0% 62,500 State Shared Revenue 1,112,700 918,695 82.6% 927,250 Local Shared Revenue 134,875 134,875 100.0% 112,396 Charges for Services 106,868 27,733 26.0% 89,057 Garbage&Recycling Revenue 1,514,195 1,499,479 99.0% 1,261,829 Recreation Fees 307,700 199,550 64.9% 256,417 Fines&Forfeitures 18,350 5,941 32.4% 15,292 Interest Income 249,450 327,337 131.2% 207,875 Fire Hydrant Rental Fee 89,950 65,094 72.4% 74,958 Miscellaneous Revenue 50,500 50,393 99.8% 42,083 PAL Program Revenue 25,000 41,326 165.3% 20,833 Transfer from School Guard Crossing Fund 2,100 0.0% 1,750 Transfer from CRA Fund 1,114,173 786,815 70.6% 928,478 Contribution from Wastewater Fund 847,564 706,303 83.3% 706,303 Contribution from Stormwater Fund 19,566 16,305 83.3% 16,305 TOTAL REVENUES 22,354,478 18,050,052 80.7% 18,628,732 EXPENDITURE Legislative 93,077 50,475.47 54.2% 77,564 Administrative Services 642,011 492,743.41 76.7% 535,009 Comm Dev/Code Enf/Econ Development 769,216 613,770.65 79.8% 641,013 Protective Services 3,796,947 3,492,691.75 92.0% 3,164,123 Fire/Rescue Services 2,611,690 2,349,092.37 89.9% 2,176,408 Building 493,744 311,086.19 63.0% 411,453 Infrastructure Maintenance 1,908,396 840,027.08 44.0% 1,590,330 Resiliency Division 1,017,444 676,716.85 66.5% 847,870 Parks Recreation +Community Affairs 2,329,353 1,908,626.79 81.9% 1,941,128 Legal Services 319,476 170,863.45 53.5% 266,230 Solid Waste 1,518,000 1,365,484.03 90.0% 1,265,000 Debt Service 1,420,143 1,399,683.90 98.6% 1,183,453 Non-Departmental 5,205,912 4,044,566 77.7% 4,338,260 Contingency 229,069 0.0% 190,891 TOTAL EXPENDITURES 22,354,478 17,715,828 79.2% 18,628,732 Excess of Revenues Over/(Under) Expenditures 334,224 Page 1 of 7 City of Cape Canaveral Statement of Revenues&Expenditures Period Ended July 31,2024 POLICE EDUCATION FUND FY 2022-2023 July 24 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Police Education Income 1,140 766 67.2% 950 Interest Income 204 284 139.0% 170 TOTAL REVENUES 1,344 1,050 78.1% 1,120 EXPENDITURE Education&Training - - Contingency 1,344 0.0% 1,120 TOTAL EXPENDITURES 1,344 - 0.0% 1,120 Excess of Revenues Over/(Under) Expenditures 1,050 FIRE PROTECTION FUND FY 2022-2023 July 24 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward R&R - - Interest Income 540 0.0% 450 TOTAL REVENUES 540 - 0.0% 450 EXPENDITURE Contingency 540 0.0% 450 TOTAL EXPENDITURES 540 - 0.0% 450 Excess of Revenues Over/(Under) Expenditures - Page 2 of 7 City of Cape Canaveral Statement of Revenues&Expenditures Period Ended July 31,2024 SCHOOL CROSSING GUARD FUND FY 2022-2023 July 24 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 1,400 0.0% 1,167 Parking Fine Surcharge 700 380 54.3% 583 TOTAL REVENUES 2,100 380 18.1% 1,750 EXPENDITURE Transfer to General Fund 2,100 0.0% 1,750 Contingency - 0.0% - TOTAL EXPENDITURES 2,100 - 0.0% 1,750 Excess of Revenues Over/(Under) Expenditures 380 LIBRARY FUND FY 2022-2023 July 24 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Ad Valorem Taxes 78,019 79,416 101.8% 65,016 Interest Income 5,400 8,242 152.6% 4,500 TOTAL REVENUES 83,419 87,658 105.1% 69,516 EXPENDITURE Operating Expenses 34,475 38,979 113.1% 28,729 Capital Purchases 30,000 22,827 76.1% 25,000 Contingency 18,944 5,000 26.4% 15,787 TOTAL EXPENDITURES 83,419 66,806 80.1% 69,516 Excess of Revenues Over/(Under) Expenditures 20,852 Page 3 of 7 City of Cape Canaveral Statement of Revenues&Expenditures Period Ended July 31,2024 CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY FY 2022-2023 July 24 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward Shared Revenue from Cape Canaveral 1,383,417 1,383,417 100.0% 1,152,848 Shared Revenue from Brevard County 1,217,800 1,217,800 100.0% 1,014,833 Interest Income 2,500 7,166 286.6% 2,083 Transfer from General Fund 150,000 22,774 15.2% 125,000 TOTAL REVENUES 2,753,717 2,631,157 95.5% 2,294,764 EXPENDITURE Operating Expenses 157,215 55,516 35.3% 131,013 Capital Purchases 728,000 325,652 44.7% 606,667 Debt Service 866,496 839,138 96.8% 722,080 Transfer to General Fund 300,000 0.0% 250,000 Contingency 702,006 0.0% 585,005 TOTAL EXPENDITURES 2,753,717 1,220,306 44.3% 2,294,764 Excess of Revenues Over/(Under) Expenditures 1,410,851 Page 4 of 7 City of Cape Canaveral Statement of Revenues&Expenditures Period Ended July 31,2024 IMPACT FEES FUND FY 2022-2023 July 24 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Interest from Investment - 20,785 0.0% - Impact Fees- Police 19,250 20,270 105.3% 16,042 Impact Fees- Fire/Rescue 3,376 3,631 107.5% 2,813 Impact Fees-Transportation 0.0% - Impact Fees- Parks/Recreation 22,700 23,945 105.5% 18,917 Impact Fees-General Government 15,850 16,702 105.4% 13,208 Impact Fees-Aerial Fire Truck 9,520 9,901 104.0% 7,933 Impact Fees- Library 12,000 12,645 105.4% 10,000 Transfer in from General Fund 499,028 0.0% - TOTAL REVENUES 82,696 606,907 733.9% 68,913 EXPENDITURE Contingency 82,696 0.0% 68,913 TOTAL EXPENDITURES 82,696 - 0.0% 68,913 Excess of Revenues Over/(Under) Expenditures 606,907 LAW ENFORCEMENT TRUST FUND FY 2022-2023 July 24 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Interest-State 40 41 101.6% 33 Transfer from General Fund 11,073 11,073 100.0% 9,228 TOTAL REVENUES 11,113 11,114 100.0% 9,261 EXPENDITURE School Resource Officer 11,113 11,113 100.0% 9,261 TOTAL EXPENDITURES 11,113 11,113 100.0% 9,261 Excess of Revenues Over/(Under) Expenditures 1 Page 5 of 7 City of Cape Canaveral Statement of Revenues&Expenditures Period Ended July 31,2024 IllIMINI WASTEWATER ENTERPRISE FUND FY 2022-2023 July 24 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 300,000 150,000 50.0% 250,000 Federal Grant 127,500 0.0% 106,250 Utility Operating Income 5,519,082 4,112,390 74.5% 4,599,235 Utility Penalty Income 70,000 62,549 89.4% 58,333 Sewer Assessment Fees 84,000 90,370 107.6% 70,000 Reuse Hook-Up Fees 2,925 0.0% 2,438 Reclaimed Water Revenue 91,650 76,431 83.4% 76,375 Investment Income 7,200 15,626 217.0% 6,000 Sale of Fixed Assets 500 0.0% 417 Transfer from General Fund 1,400,000 1,065,890 76.1% 1,166,667 Transfer from CRA Fund 52,323 52,323 100.0% 43,603 SRF Loan Proceeds 1,320,000 456,310 34.6% 1,100,000 Miscellaneous Income 2,000 2,318 115.9% 1,667 Insurance Claims 114,882 0.0% - TOTAL REVENUES 8,977,180 6,199,090 69.1% 7,480,983 EXPENDITURE Personal Services 1,970,298 1,648,402 83.7% 1,641,915 Operating Expenses 1,658,749 1,024,632 61.8% 1,382,291 Debt Service 710,040 562,040 79.2% 591,700 Capital Purchases 3,747,500 1,985,662 53.0% 3,122,917 Insurance Claims 108,143 100.0% - Contribution to General Fund 847,564 706,303 83.3% 706,303 Contingency 43,029 0.0% 35,858 TOTAL EXPENSES 8,977,180 6,035,182 67.2% 7,480,983 Excess of Revenues Over/(Under) Expenses 163,908 Page 6 of 7 City of Cape Canaveral Statement of Revenues&Expenditures Period Ended July 31,2024 STORMWATER ENTERPRISE FUND FY 2022-2023 July 24 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 301,500 0.0% 251,250 Grants 580,000 0.0% 483,333 Stormwater Utility Fees 1,087,800 905,486 83.2% 906,500 Miscellaneous Income 666 100.0% - Investment Income 4,500 10,226 227.3% 3,750 Transfer from General Fund 917,500 601,903 65.6% 764,583 TOTAL REVENUES 2,891,300 1,518,282 52.5% 2,409,417 EXPENDITURE Personal Services 383,327 281,263 73.4% 319,439 Operating Expenses 332,520 123,218 37.1% 277,100 Capital Purchases 1,986,500 743,589 37.4% 1,655,417 Contribution to General Fund 19,566 16,305 83.3% 16,305 Contingency 169,387 0.0% 141,156 TOTAL EXPENSES 2,891,300 1,164,375 40.3% 2,409,417 Excess of Revenues Over/(Under) Expenses 353,906 Page 7 of 7 Florida State Treasury - Special Purpose Investment Account (SPIA) & FL SAFE As of July 31,2024 Funds were invested with the State of Florida Division of Treasury,with a rate of return 3.57% Interest earned for the month: $ 36,689.28 General Fund Committed (Constrained by Council) Expansion Recreation 46,469.92 Expansion Police 35,182.41 A1A Replenishment 48,000.00 Capital Equipment Renewal&Replacement 259,158.76 Total Committed $ 388,811.09 Assigned-General Fund Emergency Reserve $ 1,495,349.01 Unassigned $ 553,079.64 Total General Fund SPIA Investments $ 2,437,239.73 Florida Safe General Fund Emergency Reserve 1,802,069.32 Florida Safe Note 2021 135,335.11 Florida Safe ARPA Reserve 2,762,317.83 Total General Fund Florida Safe Investments Avg Monthly Rate 5.394%: $ 4,699,722.26 ■ Total General Fund Investments: 7,136,961.99 Special Revenue Funds Restricted (by outside party) Police Education Fund 13,133.50 Library Fund 368,252.74 Impact Fees 1,200,294.51 Law Enforcement Trust Fund 1,879.28 Total Restricted $ 1,583,560.04 * Total Special Revenue Fund SPIA Investments: 1,583,560.04 Enterprise Funds Wastewater Fund: Wastewater General- Unrestricted 250,000.00 Wastewater Fund Renewal&Replacement 419,302.10 $ 669,302.10 Stormwater Fund: Stormwater Fund- Unrestricted 250,000.00 Stormwater Fund Renewal&Replacement 266,713.73 $ 516,713.73 Total Enterprise Fund SP)A,irivestme 1,186,015.83 TOTAL SPIA&FLSAFE INVESTMENTS $ 9,906,537.86 FY 23-24 STORMWATER CIP GREATER THAN$100,000 SUMMARY JULY 31,2024 FY FY CIP# STORMWATER ENTERPRISE FUND 2023-24 2023-24 BUDGET ACTUAL DIRECTOR NOTES SW-2 Central Ditch Improvements 450,000 - SW-6 Oak Lane Improvements 300,000 42,250 Tree trimming for FPL line location and finalizing plans. SW-7 Center Street Basin Improvements 935,000 601,903 Finalizing Plans. SW-10 Portable SW Pump 160,000 - TOTAL STORMWATER ENTERPRISE FUND $ 1,845,000 $ 644,153 FY 23-24 GENERAL FUND CIP GREATER THAN$100,000 SUMMARY JULY 31,2024 FY FY CIP# GENERAL FUND 2023-24 2023-24 DIRECTOR NOTES : INFRASTRUCTURE MAINTENANCE Project start pending acquisition of Hazard Mitigation Grant Program(HMGP)-Hurricane Nicole funding.HMGP funding will cover IM-6 BCSO Solar Array 180,000 - 75%of the project's costs. IM-7 Oak Lane Improvements 250,000 4,450 IM-9 Bike Lane Striping 50,000 11,525 Project start pending acquisition of Hazard Mitigation Grant Program(HMGP)-Hurricane Ian funding.HMGP funding will cover IM-10 C5 Energy Storage Project 110,000 - 75%of the project's costs. Project start pending acquisition of Hazard Mitigation Grant Program(HMGP)-Hurricane Ian funding.HMGP funding will cover 75% IM-12 Portable Generator 110,000 of the project's costs. RESILIENCY DIVISION National Science Foundation Civic Innovation Challenge(CIVIC)grant awarded October 1,2023;project construction not started. 525,000 341,134 Physical construction of the project's proposed rain garden is set to begin in January 2024.Project completion set for September 30, RD-2 Veterans Park Low Impact Development Enhancement 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 750,000 681,974 Ongoing. TOTAL GENERAL FUND I $ 2,095,000 $ 1,149,726 FY 23-24 CRA CIP GREATER THAN$100,000 SUMMARY JULY 31,2024 FY FY CIP# CRA 2023-24 2023-24 DIRECTOR NOTES BUDGET ACTUAL CR-2 Civic Hub 150,000 64,187 Design ongoing. CR-4 Presidential Streets 300,000 1,500 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 FY 23-24 WASTEWATER CIP GREATER THAN$100,000 SUMMARY JULY 31,2024 FY FY CIP# WASTEWATER ENTERPRISE FUND 2023-24 2023-24 BUDGET ACTUAL DIRECTOR NOTES WW-14 Sanitary Sewer GIS Mapping 100,000 9,357 90% Complete. WW-16 Clarifier Replacement 1,400,000 1,065,890 Project started Jan 8,2024. Completion date set forJune 2024. 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 - Tetra Tech currently formulating Proposal. ETA unknown. WW-21 Lift Station Replacements(#5) 570,000 419,223 95%Complete. WW-22 Pump Enclosure Structures 750,000 357,175 Whole project is 20%complete. WW-23 Resilience Operations Utility Energy Backup System 170,000 - Not started. Start date unknown. TOTAL WASTEWATER ENTERPRISE FUND $ 3,290,000 $ 1,851,645