Loading...
HomeMy WebLinkAboutPacket 04-19-2011 RegularCALL TO, ORDER: fell 77 ;j; 111111p, 0111 1110 =I CITTCO%,RCIL MEET-hlG 1AVERAL LIBRARY MEETING ROOM t Avenue, Cape Canaveral, Florida Tuesday, April 19, 20111! 7:00 PM Presentation of International Institute of Municipal Clerks (lIMC) Certifi Designation of Master Municipal Clerk Plaque and Pin to Angela A. Apperson Patricia J'. Burke, MMC, Town Clerk — Town of Palmi Shores, and Loreda r Kalaghchy, MMC, City Clerk — City of Cocoa Beach. I Presentation of 2011 Spring: Quarter Beautification Award for Single FamiW i Residence within the City of Cape Canaveral. Certificates of Appreciation Presentation to the community group members of "Computers -for Kids", located in the City of Cape Canaveral. IBM= Fill] 111al", 0 p.m. 7:35 p.m. Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will' not take any action unider the "Audience to Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. 1,05Polk AvC11Ue o Post Off"ice Box 326 Cape Canaveral, F1,32920-0326 Telephone(321)868-1220 m Fax:(321)868-1248 www.cityofca.l)eca�iaveral.org - eii:i�til:iiil'o((e cityofcal�)eci�iivei-�il.org City of Cape Canaveral, Florida City Council Meeting April 19, 2011 Page 2 of 3 gljlffmqk� 1�1 0701,14 1111 1111111 11 2, Approve a Proclamation Designating the Week of April 17 - 23, 2011 dhood Cancer, Awareness 3. Approve a Proclamation Designating the Week of May 15 - 21, 2011 81 "11,2tiotpl PoVic Works Xl/ee�". 4, Approve a Proclamation Designating Friday, April 29, 2011 as "Arbor Day". 5. Approve a Proclamation Designating the Week of May 111 - 7, 2011 as "Municipal Clerks Week". 6. Approve Resolution No. 20,11-05; Reappointing a Regular Board MembeM Judi Cameron, and a First Alternate Member, Walter Bowman, to t Community Appearance Board. I 7. Change Order #7 to Brewer Paving & Development, Inc. in the amount of $32,828 for additional construction tasks/quantity adjustments on the Ridgewood Avenue Improvements Project, 8. Authorize the City Manager to negotiate continuing services contracts wi selected firms for Professional Engineering/Surveying, Plannin Consulting and Architectural Services as submitted in response to RF 2011-01. 1 9. Approve Library Board recommendation, for Capital Expansion Fund Expenditures. 10. Award contracts for Commercial Beach Mobile Cart Vending Servi-l" Operation Franchise for Food and Non-AlcohoHic Beverages to The Sw..- r0 Spot and H20, ensure consistency/compliance with Ordinan requirements; and authorize the City Manager to sign contracts for sam without need for further City Council approval. ] T-40 1111. Ordina nce No. 01-2011, amending Articles 11 and III of Chapter Administration, of the Cape Canaveral City Code related to the Cii City of Cape Canaveral, Florida City Council Meeting April 19, 2011 Page 3 of 3 Council and City Officers a,nd Employees, making amendments consistent with the, adoption of the new City Charter; making minior editorial and: conforming amendments; providing for the repeal of prior inconsistent ordinances and resolutions; Incorporation into the Code; severability; and an effective i0qte, 12. Ordinance No, 02-2011, amending Section 110-486 of the Code of Ordinances related to resort dwellings and resort condominiums; requiring nonconforming resort dweill�ing!s and resort conid'ominiums shall be considered abandoned and lose their nonconforming status if their state license lapses for more than 180 days; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date. 13. Ordinance No. 03-2011, amending Chapter 110 Zoning, Article V1 Districts, of the Code of Ordinances to permit Breweries with Tastin Rooms and Associated Retail Sales in the M-1 Light Industrial an Research and Development Zoning District; providing for the rep ooeall prir incnsistent ord'inances and resolutioorpooo o ns, incratin int•the C!d severability; and an effective date. I 14. Discuss and determine how to proceed with the provisions of Section 2, Salary and Evaluation, of the Employment Agreement between the City of Cape Canaveral and David Greene, City Manager. 16. Council. W010-11jak" livilail, k 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 infraduction or admission into evidence of otherwlse inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 411912011 Presentation Subject: Presentation of International Institute of Municipal Clerks (IIMC) Certified Designation of Master Municipal Clerk Plaque and Pin to Angela M. Apperson by Patricia J. Burke, MMC, Town Clerk — Town of Palm Shores and Loredana Kalaghchy, MMC, City Clerk — City of Cocoa Beach. Department: Legislative Summary: The International Institute of Municipal Clerks (IIMC) is a professional, nonprofit association that promotes continuing education and certification through university and college -based institutions and provides networking solutions, services and benefits to its members worldwide. The Master Municipal Clerk or MMC program is one of two professional designations granted by IIMC (the other being Certified Municipal Clerk or CMC). The MMC program is an advanced continuing education program that prepares participants to perform complex municipal duties. The program has an extensive and rigorous educational component and a professional and social contribution component. City Clerk Angela M. Apperson began her career in municipal government at the City of Flagler Beach twenty years ago, working her way up through the ranks to become City Clerk in January 1996. Ms. Apperson came to Cape Canaveral in October of 2009 as a Certified Municipal Clerk and recently obtained her Master Municipal Clerk designation. Over the years, Municipal Clerks have become the hub of government; the direct link between the inhabitants of their community and their government. The eminent political scientist, Professor William Bennett Munro, wrote in 1934: "No other office in municipal service has so many contacts. It serves the mayor, the city council, the city manager (when there is one), and all administrative departments without exception. All of them call upon it, almost daily, for some service or information. Its work is not spectacular, but it demands versatility, alertness, accuracy, and no end of patience. The public does not realize how many loose ends of city administration this office pulls together." Submitting Department Head: David L. Greene Date: 03/29/11 Attachments: IIMC President Letter MMC Certificate Financial Impact: None Reviewed by City Treasurer: Andrea Bowers Date: f a91 f The City Manager recommends that City Council take the following actions): None Approved by City Manager: David L. Greene Date: 3 d / City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain . := ¢ Internati Certified This It 00b0t2al o` IF -.- Hereby Confers The Designation of Master Municipal Cle r-zmk Upon Angela M. Apperson, MMC In Fulfillment Of Requirements Prescribed By The International Institute Of Municipal Clerks. Day Of opw K CMAA!�S,- IIM resi ent March 2011 P11MCDirector of E ucation City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 04/19/2011 PRESENTATION Subject: Presentation of 2011 Spring Quarter Beautification Award for Single Family Residence within the City of Cape Canaveral. Department: Public Works (Beautification Board) Summary: The City of Cape Canaveral's Beautification Board selected the 2011 Spring Quarter Beautification Award (Single Family Residence) winner as follows: Deirdre Gillieson and Brian Kay, 105 Cocoa Palms Ave. A Gift card and certificate will be presented by Mayor Randels and Mrs. Judy Hale, Beautification Board Representative. Submitting Department Head: Walter Bandish . Date: 03/15/11 Attachment(s): None. Financial Impact: $25.00 gift card for selected winner. 6YReviewed by City Treasurer: Andrea Bowers ate: The City Manager recommends that City Cou ci take the following action(s): Presentation of 2011 Spring Quarter Beautification Award for Single Family Residence within the City of Cape Canaveral. Approved by City Manager: David L. Greene ©`V -d- Date: 6 ii City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 4/19/2011 PRESENTATION Subject: Certificates of Appreciation Presentation to the community group members of "Computers for Kids" located in the City of Cape Canaveral. Department: Legislative Summary: "Computers for Kids", a non-profit group located in the City of Cape Canaveral, volunteers its time repairing donated and used computers for children in need. Group members/volunteers include: Nick Barnes, Jim Crouse, Ted Hackler, Eugene Nelson, Nelson Mixon, Tony Pierro and Tom Purer. Space to work on the computers is furnished by Ed Hradesky and Jim Morris of Tech Vest, LLC. Internet service is provided by Joyce Hamilton. Submitting Council Member: Mayor Pro Tem Bob Hoog Date: 04/06111 Attachments: None Financial Impact: None Reviewed by City Treasurer: Andrea Bowers Date: The City Manager recommends that City Council take the following action(s): None Approved by City Manager: David L. Greene Date: yT17, /it City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain 25rE-44A�/ CITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY March 15, 2011 7:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 7:00 P.M. and led the pledge of allegiance. ROLL CALL: Council Members Present: Mayor Pro Tem Council Member Council Member Mayor Council Member Others Present: City Manager Assistant City Attorney Parks and Recreation Director Public Works Director Assistant Public Works Director Bob Hoog Jim Morgan Buzz Petsos Rocky Randels Betty Walsh Building Official Planning and Development Director Brevard County Sheriff Commander Cape Canaveral Volunteer Fire Dept. Assistant Chief City Treasurer City Clerk PRESENTATIONS: David L. Greene Kate Latorre Robert Lefever Walter Bandish Jeff Ratliff Todd Morley Barry Brown Alan Moros John Cunningham Andrea Bowers Angela Apperson Certificate of Appreciation to Mr. Albert Kowalskv — School Crossing Guard: Mayor Randels presented Mr. Kowalsky with the Certificate and praised his many years of service. Mr. Kowalsky relayed his positive experiences working with the youth and the City. Approve a Proclamation designating March 2011 as "Red Cross Month": Mayor Randels noted the "Big Red Bus" will be at Manatee Sanctuary Park on Saturday, March 19, 2011 from 12 to 3 p.m. Mr. Edward Loftin, Chairman of the Board for the Space Coast Chapter City of Cape Canaveral, Florida City Council Regular Meeting March 15, 2011 Page 2 of 5 of the American Red Cross, explained the work of the Red Cross. Mayor Randels read the Proclamation into the record and presented it to Mr. Loftin. Deputy of the Month for February 2011 - Deputy Sara McLennon: Commander Alan Moros presented Deputy Sara McLennon with the plaque for her work. Accept the 2009/2010 Fiscal Year Audit — Presentation by Bernadette Britz -Parker James Moore & Co.: Ms. Britz -Parker reviewed the presentation and indicated the City of Cape Canaveral is in good financial health. Discussion ensued and included: the use of the positive pay option with the bank for increased account security; the recommendation to have an outside investment advisor and the possibility of creating an investment committee; to check into the reasons the City of Palm Bay chose not to use an investment committee; the graphs, charts and statistical section of the CAFR were prepared by City Staff; the money that is set aside by ordinance for emergencies is 20% or 2.4 months of the current budget; what amount is earmarked for projects and how much money is available; the requirement of GASB 54 to further break down the fund balance into specific identifiable sections; the results of TABOR, should it pass the State Legislature; and a future agenda item will be prepared to have the City Council ratify the restricted funds, identified for specific projects. A motion was made by Mr. Petsos, seconded by Mr. Morgan, for approval. The motion carried 5-0, with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, For. REPORTS: Assistant City Attorney Kate Latorre provided an update for the Harbor Heights Easements. She indicated today at 4 p.m. she received a fax from the Property Owner's Attorney, which raises new issues related to the property to the south of the two properties and relates to the return of a former sewer easement and the survey. She indicated she and Staff will evaluate the new issue and follow up appropriately. AUDIENCE TO BE HEARD: None CONSENT AGENDA: Mayor Randels read the title of the items into the record and inquired if any items are to be removed from the Consent Agenda for discussion. Council Member Walsh requested Item 8; Mayor Pro Tem Hoag requested Item 7; Council Member Petsos requested Item 3 and Mr. Leo Nicholas requested Item 6 be removed for discussion. I . Approve Minutes for Regular City Council Meeting of February 15, 2011. 2. Approve a Proclamation designating April 22, 2011 as "Earth Dav". City of Cape Canaveral, Florida City Council Regular Meeting March 15, 2011 Page 3 of 5 3. Ocean Lifeguard Agreement between Board of County Commissioners of Brevard County and City of Cape Canaveral (2011). 4. Approve Resolution No. 2011-04, Temporary Suspension of Permit Fees for Electronic Signs. 5. Award of Bid for Rehabilitation of Lift Station #2 LS #2 located on the north side of Center Street to Danus Utilities Inc. Port Oran a Florida in the amount of 28,311. 6. Award Bid to JAR Construction, Inc. for Construction of Stormwater and Structural _Improvements to the Southern Portion of the Central Ditch in the Amount of 95,115.30; Authorize City Manager Execute Contract. 7. Reduction of an Outstanding Lien; Code Enforcement Case No. 2010-00037 7521 Magnolia Avenue. 8. Request for City Council Approval of Tree Bank Contribution in Lieu of Removal — Ocean Oaks Condominium. A motion was made by Mayor Pro Tem Hoog, seconded by Mrs. Walsh, to approve Consent Agenda Item Nos. 1, 2, 4 and 5. The motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, For. #3. Council Member Petsos led the discussion, asking if the City Council wanted to eliminate this service and rely upon the County to supply lifeguards. The discussion also included: the current practice of only guarding one beach end and only doing so part-time; the inability to obtain the number of rescues at this location over the past few years; the County's qse of a roving lifeguard from Cherie Down Park south to the Cocoa Beach Pier; that the attendance on the beach within the City limits has not reduced; if the City is not going to meet the USLA standards, the City should not do it at all; certain signage is required to reduce the City's liability; and certain facilities may necessitate life guard coverage. A motion was made by Mayor Randels, seconded by Mr. Morgan, to support the, City Manager's recommendation not to enter into the Ocean Lifeguard Agreement with the Board of County Commissioners of Brevard for 2011. Discussion continued and included: whether parking meters could be installed to fund the lifeguard service and if there is support from the entire Council to pursue parking meters. The motion carried 4-1 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, Against; Mayor Randels, For; and Ms. Walsh, For. #6. Mr. Nicholas explained his reasons for asking for this item to be removed. Mr. Ratliff described the improvements. Council Member Petsos complimented Staff on the work to bring this item forward. A motion was made by Mayor Pro Tem Hoog, City of Cape Canaveral, Florida City Council Regular Meeting March 15, 2011 Page 4 of 5 seconded by Mr. Morgan, to approve. follows: Mayor Pro Tem Hoog, For; Mr Randels, For; and Ms. Walsh, For. The motion carried 5-0 with voting as Morgan, For; Mr. Petsos, For; Mayor #7. Mayor Pro Tem Hoog led the discussion raising concern over the City's expenditures to pay for services such as solid waste, recycling, sewer and stormwater; whether liens were filed for these past due services; whether the Code Enforcement Board could include the arrearages for these service in their Board Order; the need for administrative procedures to be responsive in a timely manner; and comments from Linda Bunting, representing her Mother-in-law who is the former property owner by default of a mortgage, indicating a lien for these services was filed by the City of Cocoa, has been paid and the money for the Code Enforcement lien is being held in escrow from the recent sale of the property. A motion was made by Mr. Morgan, seconded by Mrs. Walsh, to accept the City Manager's recommendation (to reduce the lien to $1,632.90). The motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, For. # 8. Mrs. Walsh asked for clarification as to when the trees were removed. Mr. Morley indicated he was not aware that the trees were removed. Mr. Morgan asked if that meant they were removed without a permit, to which Mr. Morley responded in the affirmative. Mr. Hoog indicated he did not agree with the types of trees to be re- installed. Mr. Morgan felt the trees need to be unobtrusive and not destroy the sidewalks and parking lots. Motion by Mayor Randels, seconded by Mr. Morgan, to disapprove of the request. City Manager Greene requested Council take no action and let Staff follow up administratively. The motion and the second were withdrawn. ORDINANCE. First Public Hearing: 9. Motion to Approve: Ordinance No. 01-2011, Amending Articles II and III of Chapter 2. Administration, of the Cape Canaveral City Code related to the City Council and City Officers and Employees; making amendments consistent with the adoption of the new City Charter; making minor editorial and conforming amendments; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date. Assistant City Attorney Latorre read the title of the Ordinance into the record. She explained the change in the Charter necessitated changes to certain sections of the City's Code of Ordinances. Discussion included the removal of ordinances having to be filed with a particular Staff member; how adding items to the agenda would be handled; an Attorney General's Opinion as to handling of items to be added to the agenda and that certain topics cannot be added to the agenda once published. A motion was made by Mr. Petsos, seconded by Mr. Morgan for approval of the Ordinance 01-2011. The motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, For. REPORTS: City of Cape Canaveral, Florida City Council Regular Meeting March 15, 2011 Page 5of5 10. Council Council Member Morgan commended the work done by Mr. Greene and suggested a bonus or raise to recognize his exemplary work. Discussion ensued and included: what the amount of the bonus should be, the language of the employment contract, the need for an item on the next agenda to further discuss the suggestion and to include the contract. Council Member Petsos asked the City Manager and Staff to study and make a recommendation on whether utility billing should be brought back in-house. Mayor Randels: • Space Coast Area Transit received funding from Florida Department of Transportation (FDOT) to fund the 520 bus and the A1A, South/North bus at the current % hour interval until 11 p.m. because ridership has increased. He also indicated 8 new 35 ft. buses will also be paid for by FDOT and many other cities have made positive comments about the bus shelters that were installed. • Noted a new program that is available "Feet not Fuel.com" goes hand in hand with National fitness campaign. This is a competition for the students. • Reported Brevard Historic Society may be relocating to the 2nd floor of the Central Library Facility in Cocoa. • Noted a new program "Hi -Five Kids Pack Partner" at Cape View Elementary in cooperation with the Second Harvest Food Bank of Central Florida and IAP Worldwide Services to provide 2 boxed lunches for kids to take home for the weekend. Joyce.Hamilton noted the people who were helping prepare the lunches are not able to do so anymore and the school is looking for additional assistance. Robert Lefever added the Youth Center has started a program to feed the kids when they are not in school because of spring break or holidays. This does not include weekends. Joyce Hamilton noted the successful dodge -ball tournament this past weekend and encouraged everyone to attend the Spring Festival at Manatee Park this weekend. ADJOURNMENT: There being no further business, the Meeting adjourned at 9:30 P.M. Rocky Randels, MAYOR Angela M. Apperson, CMC, City Clerk City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 4/19/2011 Item No. Z Subject: Approve a Proclamation Designating the Week of April 17 - 23, 2011 as "Childhood Cancer Awareness Week". Department: Legislative Summary: The American Cancer Fund for Children, Inc. and sister organization, Kids Cancer Connection, Inc., (KCC), founded nearly 20 years ago, work to enrich the lives of children and increase public awareness of childhood cancer nationwide. KCC offers programs and services that focus on building self-esteem for children and giving back the self-confidence and sense of worth that cancer can take away. KCC believes in the importance of a family support system and works to support the role of the family in cancer treatment and recovery. Cancer in children is the leading cause of death by disease in our country today and in an effort to raise public awareness, Kids Cancer Connection requests the City issue a Proclamation designating the week of April 17 - 23, 2011 as "Childhood Cancer Awareness Week". Submitting Council Member: Mayor Rocky Randels Date: 03/15/11 Attachments: Proclamation E -Mail and web page information Financial Impact: None Reviewed by City Treasurer: Andrea Bowers Date:3) r 11( The City Manager recommends that City Council talA the following action(s): Approve Proclamation Approved by City Manager: David L. Greene 0 'Lu Date: City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain WHEREAS, the American Cancer Fund for Children and Kids Cancer Connection report cancer is the leading cause of death by disease among children in the United States. This tragic disease is detected in nearly 15,000 of our nation's young people each and every year; and WHEREAS, founded nearly twenty years ago by Steven Firestein, a member of the philanthropic Max Factor family, the American Cancer Fund for Children, Inc. and sister organization, Kids Cancer Connection, Inc. are dedicated to helping these children and their families; and WHEREAS, the American Cancer Fund for Children and Kids Cancer Connection provide a variety of vital patient psychosocial services to children undergoing cancer treatment at the Florida Hospital for Children: Department of Pediatrics; Division of Hematology/Oncology, Arnold Palmer Hospital for Children: Department of Pediatrics; Division of Hematology/Oncology in Orlando, as well as participating hospitals throughout the country, thereby enhancing the quality of life for these children and their families; and WHEREAS, through its uniquely sensitive and comforting Magical Caps for Kids program, the American Cancer Fund for Children and Kids Cancer Connection distributes thousands of beautifully hand made caps and decorated baseball caps to children who want to protect their heads following the trauma of chemotherapy, surgery and/or radiation treatments; and WHEREAS, the American Cancer Fund for Children and Kids Cancer Connection also sponsor nationwide Courageous Kid recognition award ceremonies and hospital celebrations in honor of a child's determination and bravery to fight the battle against childhood cancer. NOW, THEREFORE, I, Rocky Randels, Mayor of the City of Cape Canaveral, Brevard County, Florida, do hereby proclaim the week of April 17 - 23, 2011 as Childhood Cancer Awareness Week Mia Goforth From: Angela Apperson Sent: Tuesday, March 15, 2011 8:15 AM To: Mia Goforth Cc: Rocky Randels Subject: FW: Cape Canaveral I Childhood Cancer Awareness Week Mia, Please prepare the appropriate proclamation. Thanks, Angie Angela M. Apperson, MMC City Clerk/Human Resource and Risk Management Services City of Cape Canaveral P.O. Box 326 Cape Canaveral, FL 32920 www.citvofcaPecanaveraI.org Office Phone: 321-868-1220 Office Fax: 321-868-1248 Please note my new e-mail address: a.apperson@citvofcapecanaveral.org -----Original Message ----- From: acfckids@earthlink.net [mailto:acfckids@earthlink.net] Sent: Monday, March 14, 201111:26 PM To: Rocky Randels Cc: Angela Apperson Subject: Cape Canaveral / Childhood Cancer Awareness Week Dear Mayor Randeis and staff, 1 hope you are doing well. I am writing to request a proclamation recognizing Childhood Cancer Awareness Week in Cape Canaveral during the week of April 17 - 23, 2011. Cancer in children is the leading cause of death by disease in our country today. I will continue to coordinate activities including our popular Courageous Kid recognition award program and other hospital functions at the Florida Hospital for Children, Arnold Palmer Hospital for Children and other facilities. http://kidscancerconnection.org/photopages/kcc_america/florida/pages/BrevardCountyFL ipg.htm http://kidscancerconnection.org/photopages/kcc america/florida/pages/Cocoa Beach FL ipg.htm www.kidscancerconnection.org/photopages/kcc_america/florida/pages/Florida ipg.htm www.kidscancerconnection.org/photopages/kcc america/florida/pages/OrlandoFL ipg.htm 1 have included sample text below for your reference. Thank you for your time and consideration. Sincerely, Steven Firestein, M.A. Volunteer Chairman 818 456 6167 American Cancer Fund for Children, Inc. Kids Cancer Connection, Inc. Address: 20978 Bandera St,, Woodland Hills, CA 91364 IRS 501 (C)(3) # 13-3780954 IRS 501(C)(3) # 56-2520924 www.valleyscenemagaz'ine.com /aarchives/febl92010/kids SAMPLE TEXT: Childhood Cancer Awareness Week WHEREAS, the American Cancer Fund for Children and Kids Cancer Connection report cancer is the leading cause of death by disease among children in the United States. This tragic disease is detected in nearly 15,000 of our nation's young people each and every year; and WHEREAS, founded nearly twenty years ago by Steven Firestein, a member of the philanthropic Max Factor family, the American Cancer Fund for Children, Inc. and sister organization, Kids Cancer Connection, Inc. are dedicated to helping these children and their families; and WHEREAS, the American Cancer Fund for Children and Kids Cancer Connection provide a variety of vital patient psychosocial services to children undergoing cancer treatment at the Florida Hospital for Children: Department of Pediatrics; Division of Nematology/Oncology, Arnold Palmer Hospital for Children: Department of Pediatrics; Division of Hematology/Oncology in Orlando, as well as participating hospitals throughout the country, thereby enhancing the quality of life for these children and their families; and WHEREAS, through its uniquely sensitive and comforting Magical Caps for Kids program, the American Cancer Fund for Children and Kids Cancer Connection distributes thousands of beautifully hand made caps and decorated baseball caps to children who want to protect their heads following the trauma of chemotherapy, surgery and/or radiation treatments; and WHEREAS, the American Cancer Fund for Children and Kids Cancer Connection also sponsor nationwide Courageous Kid recognition award ceremonies and hospital celebrations in honor of a child's determination and bravery to fight the battle against childhood cancer. www.KidsCancerConnection.org (818) 456 6167 Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. Kids Cancer Connection KCC Family House 20978 Bandera Street Woodland Hills, CA 91364 (818)702-6422 E-mail: help a�kidscancerconnertQn.ora KCC is part of the American Cancer Fund for Children, Inc. family. IRS Sol C 3 tax-exempt org. Established 1994 Enriching the lives of children with cancer f*-kkXl tk- t" 4a, &%l AWN calor Our Goals • Build self-esteem — KCC offers programs and services that focus on giving back some of the self- confidence and sense of worth that cancer can take away. • Increase Public Awareness of Childhood Cancer Nationwide -- KCC sponsors events and activities that help to increase the public's awareness of childhood cancer. We also provide educational resources to our families and the public. • Patient Recognition — KCC endeavors to give our special children the recognition they deserve and to make their illness a bit easier to cope with. • Family Support — KCC believes in the importance of a family support system and works to support the role of the family in cancer treatment and recovery. Home our Cagills. dow to Help Program Activitie5 Donate j Privacy Webmaster Copyright © 2005 - 2008 Kids Cancer Connection. All rights reserved. Site developed and maintained my Memory Waves. ht4)://www.kidscancerconnection.org/goals.htm[3/15/2011 2:25:29 PM] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 4/19/2011 Item No. Subject: Approve a Proclamation Designating the Week of May 15 - 21, 2011 as "National Public Works Week" Department: Legislative Summary: It has been an annual tradition of the City to issue a Proclamation in support of National Public Works Week and the employees of the City's Public Works Department. This is also the same week of the Cape Canaveral Public Works Department Open House for individuals interested in touring the facilities at 601 Thurm Boulevard. This is an excellent opportunity to learn about the public works systems and programs such as water, sewers, streets and highways, public buildings, solid waste collection, and parks and canal maintenance. This year's theme is "Public Works: Serving you and your community". Issuing this Proclamation will help remind the public that the Cape Canaveral Public Works Department improves the quality of life for everyone in the community. Submitting Council Member: Mayor Rocky Randels Date. 03/15/11 Attachment: Proclamation Financial Impact: None Reviewed by City Treasurer: Andrea Bowers Date:J�3 f If The City Manager recommends that City Council take tAe following action(s): j Approve Proclamation Designating the Week of May 15 —'21, 2011 as "National Public Works Week". Approved by City Manager: David L. Greene �`�'�' Date: 312,2 - City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding an informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, public buildings, solid waste collection; and WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel, who staff public works departments, is materially influenced by the people's attitude and understanding of the importance of the work they perform. WHEREAS, this year's theme is "Public Works: Serving you and your community" as we celebrate the hard work and dedication of the many public works professionals throughout the world. NOW, THEREFORE, I, Rocky Randels, Mayor of the City of Cape Canaveral, Brevard County, Florida, do hereby proclaim the week of May 15 - 21, 2011 as National Public Works Week in the City of Cape Canaveral, and call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 4/19/2011 Item No. IV Subject: Approve a Proclamation Designating Friday, April 29, 2011 as "Arbor Day". Department: Legislative Summary: In 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees and this holiday was first observed with the planting of more than a million trees in Nebraska. Arbor Day is now celebrated and observed throughout the nation and the world. It has been an annual tradition of the City of Cape Canaveral, designated Tree City USA since 1990, to issue a Proclamation in celebration of Arbor Day, supporting efforts to protect our trees and woodlands, and to plant trees to gladden the heart and promote the well-being of this and future generations. Submitting Council Member: Mayor Rocky Randels Date: 03/28/11 Attachment: Proclamation Financial Impact: None Reviewed by City Treasurer: Andrea Bowers Date: The City Manager recommends that City Council take the following action(s): Approve Proclamation Designating Friday, April 29, 2011 as "Arbor Day". Approved by City Manager: David L. Greene D 73.1- Date: 5 71 11 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, Arbor Day was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life-giving oxygen, and provide a habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires, and beautify our community; and WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal. NOW, THEREFORE, 1, Rocky Randels, Mayor of the City of Cape Canaveral, Brevard County, Florida, do hereby proclaim April 29, 2011 as ARBOR DAY in the City of Cape Canaveral and urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and to plant trees to gladden the heart and promote the well being of this and future generations. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 4/19/2011 Item No. �5— Subject: Approve a Proclamation Designating the Week of May 1 - 7, 2011 as "Municipal Clerks Week". Department: Legislative Summary: With 9,500 members throughout the United States, Canada and 15 other countries, the International Institute of Municipal Clerks (IIMC), a professional association of City, Town, Township, Village, Borough, Deputy and County Clerks, sponsors Municipal Clerks Week. Initiated in 1969 and sponsored by IIMC, Municipal Clerks Week recognizes the important role of Municipal Clerks in local government, and their contributions in serving their communities and educating the public on the significance of their roles. IIMC President Sharon K. Cassler, MMC, Clerk of Council in the City of Cambridge, Ohio urges Municipal and Deputy Clerks to highlight the importance of their roles and functions and the impact the Municipal Clerk's Office has on the public. "The functions of the Clerk require a thorough knowledge of law procedure, administration and interpersonal relations. To keep up with the constant changes in local government, many Clerks participate in continuing education and seminars and attending Clerk Institutes," said Cassler. The (IMC has designated May 1 — 7, 2011 as Municipal Clerks Week (MCW). Submitting Council Member: Mayor Rocky Randels Date: 04/05/2011 Attachment: Proclamation Financial Impact: None Reviewed by City Treasurer: Andrea Bowers Date: 4 7 �� The City Manager recommends that City Council t e the following action(s): Approve the Proclamation. Approved by City Manager: David L. Greene 4 Date: City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications j ] Tabled to Time Certain WHEREAS, the Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world; WHEREAS, the Office of the Municipal Clerk is the oldest among public servants; WHEREAS, the Office of the Municipal Clerk provides the professional link between citizens, the local governing bodies and agencies of government at other levels; WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; WHEREAS, the Municipal Clerk serves as the information center on functions of local government and community; WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, province, county and international organizations; WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk; NOW, THEREFORE, I, Rocky Randels, Mayor of the City of Cape Canaveral, Brevard County, Florida, do recognize the week of May 1 — May 7, 2011 MUNICIPAL CLERKS WEEK And further extend appreciation to our Municipal Clerk, Angela M. Apperson, and to all Municipal Clerks for the vital services they perform and their exeniplafy dedication to the communities they represent. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 04/19/2011 Item No. Subject: Approve Resolution No. 2011-05; Reappointing a Regular Board Member, Judi Cameron, and a First Alternate Member, Walter Bowman, to the Community Appearance Board. Department: Legislative Summary: Ms. Cameron and Mr. Bowman currently serve on the Community Appearance Board; their terms expire on May 1, 2011. The City Clerk's Office received notice of Ms. Cameron's and Mr. Bowman's desire to continue serving on the Board prompting this Resolution for City Council's approval for reappointment. Both of their terms will expire May 1, 2014. Submitting Department Director: Angela M. APPerson, City Cler'Date: 04/06/2011 Attachments: Resolution Expiration Letters Financial Impact: None Reviewed by City Treasurer: Andrea Bowers Date: y -7 1 1( The City Manager recommends that City Council take the following action(s): Approve Resolution No. 2011-05. Approved by City Manager: David L. Greene Q Date: 417111 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain RESOLUTION NO. 2011-05 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING A REGULAR MEMBER AND A FIRST ALTERNATE MEMBER TO THE COMMUNITY APPEARANCE BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Section 22-37 created a Board known as the Community Appearance Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to reappoint a Regular Member and a First Alternate Member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Judi Cameron is hereby re -appointed as a Regular Member of the Community Appearance Board of the City of Cape Canaveral, Florida, with a term to expire on May 1, 2014. SECTION 2. Walter Bowman is hereby re -appointed as a First Alternate Member of the Community Appearance Board of the City of Cape Canaveral, Florida, with a term to expire on May 1, 2014. SECTION 3. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 19th day of April, 2011. (Signature page follows) City of Cape Canaveral Resolution No. 2011-05 Page 2 ATTEST: Rocky Randels, MAYOR Name Angela M. Apperson, City Clerk Robert Hoog Jim Morgan Buzz Petsos Rocky Randels Betty Walsh Approved as to Form: Anthony A. Garganese, City Attorney For Against March 29, 2011 Judi Cameron 251 Tyler Avenue Cape Canaveral, FL 32920 Dear Ms. Cameron: City of Cape Canaveral Your term on the Community Appearance Board will expire on May 1, 2091. Please check the box that indicates your desire to serve on the Board for another 3 -year term and return this notice immediately to your board secretary or the City Clerk using the enclosed envelope. The resolution to re -appoint you as a Board Member will be scheduled for the next regular City Council Meeting Agenda. �O wish to be considered for reappointment. ❑ I DO NOT wish to be considered for reappointment. C� (Signature) Jud' ameron, Vice -Chairperson Community Appearance Board Sincerely, 0j'/" /til �4_efn Angela M. Apperson, MMC CITY CLERK Enclosure: SASE 105 Polk Avenue • Post Office Box 326 Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 Fax: (321) 868.1248 www.cityofcapecanaveral.org • email: info@cityofcapecanaveral.org Walter Bowman 123 Surf Drive Cocoa Beach, FL 32931 Dear Mr. Bowman: City of Cape Canaveral Your term on the Community Appearance Board will expire on May 1, 2011. Please check: the box that indicates your desire to serve on the Board for another 3 -year term and return this notice immediately to your board secretary or the City Clerk using the enclosed envelope. The resolution to re -appoint you as a Board Member will be scheduled for the next regular City Council Meeting Agenda. I f! C` I DO wish to be considered for reappointment. ❑ 1 DO NOT wish to be considered for reappointment. A� (Signature) Wal er Bowman, 1St Alternate, Community Appearance Board Sincerely, Angela M. Apperson, MMC CITY CLERK Enclosure: SASE 105 Polk Avenue - Post Office Box 326 Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 Fax: (321) 868-1248 www.cityofcapecanaveral.org • email: info@cityofcapecanaveral.org City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 04/19/2011 Item No. —7 Subject: Change Order #7 to Brewer Paving & Development, Inc. in the amount of $32,828 for additional construction tasks/quantity adjustments on the Ridgewood Avenue Improvements Project. Department: Public Works Summary: This Change Order represents the final construction adjustment for the Ridgewood Avenue Improvements Project. Brewer Paving & Development, Inc. has completed additional construction tasks/quantity adjustments to the original scope of work. A detailed explanation of the Change Order is included as Attachment 1. The bulk of the additional tasks/quantity adjustments for this Change Order includes the following: • Substantially more base and asphalt were required for the northward extension • The northernmost median required excavation • Two additional light locations were added • Additional surveying was required, providing survey information every 50 feet along the roadway prior to the milling activities This Change Order also includes several credits to the City for work not required, including: • Silt Fence • Demolition work A summary of the project funding and expenditures is provided in Attachment 2. This shows a balance available of $209,657 at Project completion. These moneys will revert to available Fund Balance. Submitting Department Director: Jeff Ratliff , ` Date: 04/05/2011 Attachments: Attachment 1 — Project Funding/Expenditure Summary Attachment 2 — Change Order #7 Detail Financial Impact: This Project will be completed unde udget in the amount of $209,657 Reviewed by City Treasurer: Andrea Bowers Date: q11 I1 The City Manager recommends that City Council take the following action(s): Approve the final Change Order #7 to Brewer Paving & Development, Inc. in the amount of $32,828, for additional construction tasks /quantity adjustments for the Ridgewood Avenue Improvements Project. Approved by City Manager: David L. Greene Date: 7 /! City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Attachment #1 Ridgewood Avenue Improvement Project Project Funding/Expenditure Summary Funding for this project: General Government Reserves $ 1,790,004 Stormwater Reserves 152,000 Stimulus Funds 181,563 Additional Federal Funding 249,174 $ 2,372,741 Expenditures for the project Brewer Base Contract $ 1,497,674 Change Order #1 27,992 Change Order #2 14,273 Change Order #3 59,215 Change Order #4 (26,427) Change Order #5 58,194 Change Order #6 (51,750) Change Order #7 32,828 Total Brewer Paving Contract $ 1,612,000 Total SSA 72,449 Brad Smith 1,772 SEPCO (Lighting) 419,926 GeoTech 13,684 Brevard County (Permit) 625 FP&L (Light Pole Removal) 913 Florida Today (Bid Advertising) 105 MTN (Stimulus Reporting Consultant 6,039 STS Paveway Systems (Pavers) 35,571 $ 2,163,084 Balance of funding over Costs $ 209,657 Attachment #2 Ridgewood Avenue Improvement Project Change Order No. 7 Detail SSA - Extra Survey Tasks Additional Survey for North End Extension 1.00 LS $1,625.00 $ 1,625.00 Final Paving Surveying (South of North Extension) 1.00 LS $8,430.00 $ 8,430.00 Total Extra for Survey $ 10,055.00 North End Extras North End - Original Scope of Work/Costs $ (59,215.05) North End - Actual Scope of Work/Based On Plans $ 66,562.90 North End - Brick Paver Reconstruction $ 720.00 North End - Demo Credit (Work not completed) $ (3,500.00) North End - Asphalt Leveling (Additional asphalt) $ 8,400.00 Total Extra For North End $ 12,967.85 Additional Pedway-Driveway Areas Additional Stabilization (Contract: 5,773 SY/Actual: 6,639 SY) 866.00 SY $ 2.50 $ 2,165.00 Additional Base (Contract: 5,773 SY/Actual: 6,639 SY) 866.00 SY $ 8.00 $ 6,928.00 Total Extra for Base Work $ 9,093.00 Relocate Light Pole Relocate One Light Pole 1.00 LS $ 750.00 $ 750.00 Irrigation Repair Irrigation Repair (Townhomes) 1.00 LS $ 287.00 $ 287.00 Phase I/III Credits Silt Fence (Not used) (1,900.00) $ 1.75 $ (3,325.00) Install 2 Extra Light Poles Install Light Poles (Two lights added to project) 2.00 EA $1,500.00 $ 3,000.00 Reflectors Install Fire Hydrant Reflectors 7.00 EA $ - $ - Total Extras - Final Scope $ 32,827.85 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 0411912011 Item No. Subject: Authorize the City Manager to negotiate continuing services contracts with selected firms for Professional Engineering/Surveying, Planning, Consulting and Architectural Services as submitted in response to RFQ 2011-01. Department: Administration Summary: To conduct business efficiently and effectively, it is in the City's best interest to have continuing service contracts with various professionals. When these continuing contracts are negotiated, costs for typical services are also negotiated. When services are needed, Task Orders are issued and costs are calculated in accordance with the contract. In addition, Florida Statute 287.055, also known as the Consultants Competitive Negotiations Act, as well as the City's Purchasing Ordinance, requires competitive selection. To comply with these requirements, this RFQ, was developed. A legal advertisement ran in the Florida Today newspaper on February 4, 2011. The RFQ was distributed to 49 firms. On March 7, 2011 Statements of Qualifications (SOQs) were received from 21 firms. The SOQs and preliminary ranking forms were distributed to the Selection Committee and over the next twelve days, the SOQs were reviewed and ranked for each submitted category. In all but one case, the firms submitted for multiple categories. The Committee Members returned their forms to the City Clerk's Office for tabulation on March 21$t and met on March 22nd to review the preliminary rankings and decided oral presentations were not necessary. The Committee recommends the City Council authorize negotiations with 7 firms in the Civil Engineering/Surveying Category, 4 firms for Planning Services, 3 firms for Consulting Services and 5 firms for Architectural Services. Submitting Department Director: Angela M. Apperson M- Date: 4/6/2011 Attachment(s): 1. RFQ 2011-01 2. Final Rankings 3. Selection Committee's Recommendations. Financial Impact: In accordance with Statute, cost i not to be considered until negotiations begin. Reviewed by City Treasurer: Andrea Bowers Date: The City Manager recommends that City Council take the following action( ): Authorize negotiations with selected firms. Approved by City Manager: David L. Greene D I"- Date: 4f/1111t City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Attachment 1 City of Cape Canaveral, Florida Request for Qualifications (RFQ) CONTINUING SERVICES CONTRACTS FOR PROFESSIONAL ENGINEERING, PLANNING, SURVEYING, CONSULTING AND ARCHITEC'T'URAL SERVICES RFQ #2011-01 February 2011 City of Cape Canaveral REQUEST FOR QUALIFICATIONS (RFQ) CONTINUING SERVICES CONTRACTS FOR PROFESSIONAL ENGINEERING, PLANNING, SURVEYING, CONSULTING AND ARCHITECTURAL SERVICES RFQ #2011-01 NOTICE IS HEREBY GIVEN that Statement of Qualifications (SOQs) for Professional Services are requested by the City of Cape Canaveral, Brevard County, Florida, for the services described below: SERVICES REQUESTED: The City is soliciting SOQs from interested engineering, planning, surveying, consulting and architectural firms (Consultants or firms) for the provision of professional engineering, planning, surveying, consulting and architectural services. The selected firms may perform work for various departments of the City including, but not limited to, Public Works, Parks and Recreation, Finance and Community Development. The scope of services includes, but is not limited to, providing design, review and professional services for projects such as roadways, drainage, structural, civil/site planning, wastewater, stormwater drainage, sewer, surveying, comprehensive planning, Community Redevelopment Agency (CRA), Brownnfields, mixed use, land use and zoning, zoning overlay districts, environmental, permitting, architectural design and space planning, construction management, general project management and consulting services such as pay/class, fiscal analysis, organization/management, problem solving, etc. APPLICATION: Consultants wishing to provide all or any of these services must comply with the requirements in the Request For Qualifications (RFQ). A copy of these requirements may be obtained by contacting the City Clerk's office at the address Iisted below. All SOQs submitted for this RFQ will be evaluated pursuant to the provisions of Florida Statutes 287.055, Consultants Competitive Negotiation Act (CCNA). Five (5) complete copies (one labeled as "Original") and one (1) CD of the SOQs must be submitted and must be received no later than March 7, 2011 at 3:00 p.m. at the City Clerk's office (321-868-1221) located at 105 Polk Avenue, Cape Canaveral, Florida 32920. The SOQs and CD shall be clearly marked "Continuing Services Contracts for Professional Engineering, Planning, Surveying, Consulting and Architectural Services — RFQ #2011-01". All questions pertaining to this RFQ or to the SOQ instructions and requirements are to be made in writing and directed to Ms. Angela Apperson, City Clerk, via fax at (321) 868-1248 or e-mail at a_apyerson(2�cityofcapecanaveral.org. Questions via telephone will not be accepted or answered. RFQ #2011-01 Page I REQUEST FOR QUALIFICATIONS RFQ #2011- 01 1. GENERAL INFORMATION Pursuant to the Consultants Competitive Negotiations Act (CCNA), Florida Statutes 287.055, the City of Cape Canaveral (City) invites qualified engineering, planning, surveying, consulting and architectural services firms (Consultants or fines) to submit a Statement of Qualifications (SOQ) pertaining to various engineering, planning, surveying, consulting and architectural services required by the City on an as needed basis. The City intends to award Continuing Services Contracts to multiple firms for five (5) year terms with two (2) optional one (1) year extensions upon written consent of all parties concerned. Firms responding to this Request For Qualifications (RFQ) are encouraged to review the types of work required as detailed in Description of Services, and determine the types of work that they specialize in and are qualified to perform. Firms may submit a SOQ for all or any of the individual engineering, planning, surveying, consulting and architectural services required by the City. Firms may also submit SOQs individually or as a project team. The City will award multiple Continuing Services Contracts for services described in this RFQ. In addition, the Continuing Services Contracts may include one or more types of work. 2. DESCRIPTION OF SERVICES Engineering, planning, surveying, consulting and architectural services are sought to support the City in planning, developing and implementing various projects for City Departments such as Public Works, Parks and Recreation, Finance and Community Development. The scope of services includes, but is not limited to, the following: A. Civil engineering(surveying including, but not limited to: • Wastewater plant facilities improvements. • Wastewater operating systems improvements including mechanical and electrical systems, instrumentation and controls, systems modeling, etc. • Stormwater drainage improvements and. management. • Public utility systems (sanitary sewer and reclaimed water). • Permitting (local, state and federal). • Roadway improvements. • Land surveying, mapping and geographic information system (GIS) services. • Environmental assessments and investigations. • Construction engineering inspections (CEIs). • Construction management. • Site plans review and development review. • Miscellaneous structural projects. • Community relations support. • Provide other engineering and surveying services as needed. RFQ #2011-01 Page 2 B. Planning services including, but not limited to: • Comprehensive Planning. • CRA. • Mixed Use. • Brownfields. • Land Use and Zoning. • Zoning Overlay Districts. C. Consulting services including, but not limited to: • Pay/Class. • Fiscal Analysis. • Organization Management. • Assisting the City in securing grants (local, state and federal) and other project financing. • Problem Solving. D. Architectural services, including, but not limited to: • Space planning, analysis and studies. • Building modifications and improvements. • Park improvements and landscaping. • Field investigations, analysis, evaluations, assessments, appraisals, surveys, studies and reports. • Varying degrees of project design from conceptual to final. • Preparation of detailed construction bid specifications, drawings and plans. • Assist in the required procurement of construction services. • Assist the City as required in the acquisition of properties. • Varying degrees of project cost estimates from conceptual to detailed. • Project management services including submittal reviews, quality control, cost control and review of "as -built" drawings. • Develop and prepare project manuals or reports. • Provide other architectural services as needed. 3. QUESTIONS/CONTACTS Questions related to this RFQ should be directed in writing to Ms. Angela Apperson, City Clerk, via fax at (321) 858-1248 or e-mail at a_apperson - cityofcapecanaveral.org Questions via telephone will not be accepted. 4. FLORIDA PUBLIC RECORD LAW All parties must understand that the City is subject to the Florida Public Records Law, Chapter 119, Florida Statutes and all other applicable Florida Statutes. It will be the Consultant's duty to identify any information which it deems exempt under Florida/Federal law and 'identify the statute by number which exempts said information. RFQ #2011-01 Page 3 5. DEVELOPMENT COSTS The City is not responsible for any expenses incurred in connection with the preparation of SOQs for this RFQ or any costs associated with interviews which may be required. 6. LOBBYING STATEMENT All firms are hereby placed on notice that public meetings and public deliberations of the Selection Committee are the only acceptable forum for discussion of the merits of products/services requested in the R.FQ. 7. INSURANCE REQUIREMENTS The selected firms shall secure and maintain for the term of the contract Proof of Insurance and its limits as follows: • The Consultant shall not commence work under a Continuing Services Contract until he/she has obtained all insurance required under this paragraph and such insurance has been approved by the City. • All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. The Consultant shall fiarnish Certificates of Insurance to the City for review and approval prior to execution of the contract. The Certificates shall provide the following: o The City will be named as additional insured on both the general liability and the auto liability policies. o The City will be given thirty (30) days written notice prior to cancellation or modification of any stipulated insurance. o It is the responsibility of the Consultant to insure that all subcontractors/subconsultants comply with all insurance requirements. These are minimum requirements which are subject to modification in response to high hazard operations. • The Consultant shall maintain during the length of the contract standard professional liability insurance in the amount of $1,000,000.00 per occurrence. • The Consultant shall maintain during the life of the contract commercial general liability insurance in the amount of $1,000,000.00 per occurrence, $2,000,000.00 aggregate for bodily injury and property damage. This shall include coverage for: o Premises/operations. o Products/completed operations. o Contractual liability. o independent contractors. • The Consultant shall maintain during the life of the contract comprehensive automobile liability insurance in the minimum .amount of $1,000,000.00 per occurrence combined single limit for bodily injury and property damage. This shall include coverage for: owned autos, hired autos and non -owned autos. • The Consultant shall maintain during the life of the contract workers' compensation insurance to meet statutory limits as required by law for all of its employees (if three or more) per Florida Statutes 440.02. This policy must include RFQ #201.1-01 Page 4 employer liability with a limit of $100,000.00 for each accident, $500,000.00 disease policy limit and $100,000.00 disease each employee limit. 8. CONTENTS OF THE SOQ Each firm which desires to apply for consideration shall submit five (5) copies of their SOQ, one clearly labeled as "Original" and one (1) CD containing all SOQ documentation. Firms responding to this RFQ are encouraged to review the types of work required as detailed in the Description of Services section, Pages 2 and 3, and determine the types of work that they specialize in and are qualified to perform. Firms may submit a SOQ for all or any of the individual engineering, planning, surveying, consulting and architectural services required by the City. Firms may also submit SOQs individually or as a project team. The City will award multiple Continuing Services Contracts for services described in this RFQ. In addition, the Continuing Services Contracts may include one or more types of work. The SOQ shall include a letter of interest providing the firm's history, background, organization, goals and objectives and clearly detail the following: 1. Indicate the area(s) of specialization of the firnn and its capabilities. 2. List the type(s) of work that the firm is qualified to perform and is (are) being offered for the City's consideration. 3. Describe the firm's experience for each type of work or area of specialization to be considered by the City. 4. Provide for each type of work requested details of three completed projects, personnel assigned and the specific services provided. 5. Provide three letters of reference describing completed projects which encompassed services similar to those requested by the City. 6. Provide for each type of work requested a Iist of qualified and experienced personnel that performs the work indicating area of responsibility and work or service activities capable to perform. Provide and attach a set of resumes for each type of work requested. 7. Provide firm's and personnel current work assignments and show capability to undertake additional work. 8. Demonstrate firm's ability to meet schedules, control costs and avoid change orders. 9. Indicate the distance in miles from the City to the firm's office. 10. Submit a copy of the firm's current professional registration certificate, a copy of the firm's Florida Corporate Charter as required by the Department of State, an executed Public Entity Crime Form, an executed Drug Free Work Place Form, and a non-discrimination statement. (NOTE: All invitations to bid, requests for proposals, and invitations to negotiate, as defined by Florida Statutes 287.012, and any written contract document of the state must contain a statement informing entities of the provisions of Florida Statutes 287.134 paragraph (2)(a).) Copies of the Public Entity Crime Form and Drug Free Work Place Form are included in Description of Services. RFQ #2011-01 Page 5 9. DESCRIPTION OF EVALUATION CRITERIA FOR RANKING OF CONSULTANTS The City intends to contract with Consultants that demonstrate, in the City's opinion, the highest degree of compliance with the criteria listed above. With those Consultants, the City will negotiate Continuing Services Contracts, including the Consultant's rates and fees. The technical aspects of the scope of work, deliverables and schedules will be negotiated on a project -by -project basis using the Task Order process. The City will appoint a Selection Committee of five senior level City Staff to evaluate the SOQs and select the short-listed firms from those that have submitted qualifications packages. The Selection Committee will rank the firms based on the points awarded and recommend the selected firms. Oral presentations by short listed firms may be required for this RFQ. Qualifications will be evaluated in compliance with Florida Statute 287.055 (CCNA), the City Purchasing Policy and specific criteria as follows: Compliance with RFQ Instructions 0 to 5 points Technical Expertise - 0 to 20 points Quality Control - 0 to 10 points Staff Credentials - 0 to 15 points Related Experience with Similar Projects - 0 to 25 points Location and Local Knowledge/Experience - 0 to 10 points Project References - 0 to 15 points 10. PRICE AND CONTRACT NEGOTIATION Price and contract negotiations may take place only after the evaluation and selection process has been completed. Upon successful negotiation, the City Council must approve any continuing services contracts negotiated. 11. SOQ DUE DATE AND LOCATION Five (5) complete copies (one labeled as `Original") and one (1) CD of the SOQs must be submitted and must be received no later than March 7, 2011 at 3:00 p.m. at the City Clerk's office (321-868-1221) located at 105 Polk Avenue, Cape Canaveral, Florida 32920. The SOQs and CD shall be clearly marked Request for Qualifications (FRQ) "Continuing Services Contracts for Professional Engineering, Planning, Surveying, Consulting and Architectural Services — RFQ #2011-01." The official time shall be that marked by the City Clerk's office. The names of Consultants submitting proposals will be read aloud and recorded at that time. No details of the proposals will be released until recommendations for award are announced. The City reserves the right to reject any or all submittals, waive minor formalities or award to/negotiate with the firms whose submittals best serve the interests of the City. RFQ #2 011-01 Page 6 Exhibit A 1. Public Entity Crime Form (Attached) 2. Drug -Free Workplace Form (Attached) SWORN STATEMENT UNDER FLORIDA STATUTES 287.133(3)(a) ON PUBLIC ENTITY CRIMES RFQ #2011-01 THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with the Professional Engineering, Planning, Surveying, Consulting and Architectural RFQ for the City of Cape Canaveral (City). 2. This sworn statement is submitted by , whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is 3. My name is (please print name of individual signing) and my relationship to the entity named above is 4. I understand that a "public entity crime" as defined in Florida Statutes 287.133(1)(g), means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid, proposal, reply or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Florida Statutes 287.133(1)(b) means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Florida Statutes 287.133(1)(a) means: a. A predecessor or successor of a person convicted of a public entity crime; or b. An entity under the control of any person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facia case that one RFQ #201.1-01 A-1 person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined by Florida Statutes 287.133(l)(e) means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts Iet by a public entity, or which otherwise transects or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. Please indicate which statement applies: Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989 AND - please indicate which additional statement applies: There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted list. (Please attach a copy of the final order.) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) RFQ #2011-01 A-2 Signature Date STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 2011 by (title) on behalf of Ike/she is personally known to me or has produced as identification and did ( ) did not ( ) take an oath. Notary Signature Name: My Commission Expires: Commission Number: RFQ #2011-01 A-3 DRUG-FREE WORKPLACE PROGRAM RFQ #2011-01 To be considered for a Continuing Contract for this RFQ, each firm must have a Drug -Free Workplace Program in-place. In order to have a drug-free workplace program, a firm shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing or possession of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the firm's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are underbid a copy of the statement specified in subsection (1) above. 4. In the statement specified in subsection (1) above, notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Mame a good faith, effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Vendor Signature Vendor Printed Name Name of Company RFQ #2011-01 A-4 Attachment 2 Final Rankings for RFQ 2011-01 Civil Engineering/Surveying Overall Average Quentin L. Hampton Associates, Inc. 97.250 Tetra Tech, Inc. 97.200 Stottler Stagg & Associates 96.950 Geosyntec Consultants 96.925 Allen Engineering, Inc. 96.650 Baskerville -Donovan, Inc. 96.625 Kimley Horn and Associates, Inc. 96.150 Econ 96.100 Woolpert 95.900 Brown and Caldwell 94.475 Dyer, Riddle, Mills & Precourt, Inc. 92.875 GLE Associates, Inc. 92.500 GatorSktch Architects, Inc. 92.250 Miller Legg 92.125 Reiss Engineering 91.475 Puzzuti Solutions, LLC 61.350 Planning Services: Overall Average Kimley-Horn and Associates, Inc. 96.875 Urban Networks, LLC 95.850 Planning Design Group 94.950 Miller Legg 94.750 Econ 94.500 GatorSktch Architects, Inc. 94.325 Woolpert 91.100 Geosyntec Consultants 79.450 Dyer, Riddle, Mills & Precourt, Inc. 73.300 Swan Advisors 72.375 Pizzuti Solutions, LLC 66.200 Attachment 2 Final Rankings for RFQ 2011-01 Consulting Services: Overall Average Raftelis Financial 96.850 Kimley-Horn and Associates, Inc. 96.100 Econ 95.975 Woolpert 94.725 Baskerville -Donovan, Inc. 93.825 Tetra Tech, Inc. 92.825 Geosyntec Consultants 90.825 Brown and Caldwell 90.175 Quentin L. Hampton Associates, Inc. 82.050 Pizzuti Solutions, LLC 80.625 Urban Networks, LLC 73.150 Miller Legg 71.900 Architectural Services: Overall Average Woolpert 96.775 Klmley-Horn and Associates, Inc. 94.675 Baskerville -Donovan, Inc. 94.375 GLE Associates, Inc. 94.200 Brad Smith Associates, Inc. 94.025 GatorSktch Architects, Inc. 93.950 Allen Engineering, Inc. 87.925 Miller Legg 86.775 Stottler Stagg & Associates 86.425 Pizzuti Solutions, LLC 64.125 Attachment 3 Selection Committee's Recommendations The Selection Committee recommends the City Council authorize negotiations with the following selected firms for continuing services contracts as indicated: Professional En_. inq eering/Surveying: Quentin L. Hampton Associates, Inc. Tetra Tech, Inc. Stottler Stagg & Associates Geosyntech Consultants Allen Engineering, Inc. Baskerville -Donovan, Inc. Kimley Horn and Associates, Inc. Planning: Kimley Horn and Associates, Inc. Urban Networks, LLC Planning Design Group Miller Legg Consulting: Raftelis Financial Kimley Horn and Associates, Inc. Econ Architectural Services: Woolpert Kimley Horn and Associates, Inc. Baskerville -Donovan, Inc. GLE Associates, Inc. Brad Smith Associates, Inc. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 04/19/2010 Item No.^ Subject: Approve Library Board recommendation for Capital Expansion Fund Expenditures. Department: Cape Canaveral Library Summary: The Cape Canaveral Library Board recommends use of Capital Expansion Funds of $6,289 to expand public computer access through purchase of two 11 ft., double -sided computer lab tables with built-in wiring and cabling. These tables will abut the east wall area of the reference section of the library. They will provide capacity for 14 computer locations for the public's use as well as increased patron privacy, ease of staff monitoring and efficient use of power and data line access. Sufficient power exists in the east wall and additional data lines are in place. Submitted By: Joanna Atwood, Library Board Chair Date: 414111 Jennifer Morrison, Library Director Attachments: Computer furniture proposal and specs. Financial Impact: The Capital Expansion Fund contains $209,162 available for Library purchases. Once purchased, the tables will become and remain City property. Z_�� Reviewed by City Treasurer: Andrea Bowers Date: $ , The City Manager recommends that City Council take the following action(g): Approve purchase from the Capital Expansion Fund in the amount of $6,289. Approved by City Manager: David L. Greene D'J- " Date: LI t 1 City Council Action: [ ] Approved as Recommended ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Computer Furniture Proposal Project: Brevard County Libraries - Cape Canaveral Computer Workstation Area Electronic Classrooms of Florida 7701 Nature Trail Lakeland, FL 33809 Quotation # 11031501 Toll Free: (877) 222-4240 Fax: (866) 566-9865 Email: sales@ecfl.org Mar 15, 2011 www.ecfl.org Smart[lawm mFurniture Florida State Contract # 420-420-10-1 Quotation # 11031501 Mar 15, 2011 Unit List State Contract State Contract Item Qty Catalog # Manufacturer Item Description Price Total List Price Unit Net Price Total Net Price 1 2 TDSE7348-29 ECFS Table Dbl Starter End $ 1,588.40 $ 3,176.80 $ 984.81 $ 1,969.62 2 2 TDAE3748-29 ECFS Table Dbl Adder End $ 804.10 $ 1,608.20 $ 498.54 $ 997.08 ADA4830 ECFS ADA Stafion 48"W T $ 1;252 9� $ 2,505 8 $ 77 86 0 $ 1,553 60. J __— ---- _ - ___._�_ �__, 4 2 ESPF/8-84 ECFS Power Feed, Hardwire $ 102.30 $ 204.60 $ 63.43 $ 126.86 5 8 EPM/8 ECFS Power Module Fourplex $ 41.80 $ 334.40 $ 25.92 $ 207.36 777777777". 6 —77:77777=7777 EIC/8 532 ECFS Interconnect Ca51e $79 y20 7 14 ED -1 -IG ECFS Duplex Receptacle 1 $ 13.20 $ 184.80 $ 8.18 $ 114.52 w Total List Price State Contract Discount: Total State Contract Net Price State Contract Installation Total State Contract Delivered and Installed $ 8,489.80 3810 $ (3,226.16) $ 5,263.64 $ 1,025.00 $ 6,288.64 L N T Zs 3 co l� 471611 U e, m N 0 0 c, Ln W 0 x 0 .93a a a w N E 0 0 N= N (a 0 Q) L- z o v J Lny o 4-J U���a � uc 0 ci ma 12 m (, 0 �-02 G r. N NN❑ x x a cn 0 fit O Mdam' � t = C = 0 0 i0 (tl LLLLUIU) U ry N LU a U e, m N 0 0 c, Ln W 0 x 0 .93a a a w N E 0 0 N= N (a 0 Q) L- z o v J Lny o 4-J U���a � uc 0 ci ma 12 m (, 0 �-02 G r. N NN❑ x x a cn 0 fit O Mdam' � t = C = 0 0 i0 (tl LLLLUIU) U ry N LU QQ WORK SURFACE O 1 • Featuring a seamless rolled front edge for durability and user comfort, our high pressure laminate top is 1 1/8" thick. • Fasteners are embedded at the factory to ensure secure, accurate, leg mounting. • Available in many standard shapes, widths, depths, and colors. THE "C" LEG • Powder coated 11 gauge tubular steel • Efficient—shared between adjacent tables in a row • High load capacity • Allows invisible cable transmission between tables • The top front of the leg allows convenient user access to laptop power, USB, audio, and Ethernet connections • Eliminates need for front table leg—space efficient • Available in many standard heights, depths, and colors ELECTRICAL INTERCONNECTS • Modular shielded power conduits provide 8 wire access to 4 building circuits • One hardwired building connection can power over 20 computer stations—invisibly ELECTRICAL SYSTEM • Removable power distribution block mount • Snap -in power distribution blocks • Snap in standard outlet pairs with hardware circuit selection. Completely customizable. This is our 72"x60" double sided table for open computer labs. (pictured standalone) This table will provide a comfortable 36"x30" power and network connected work surface for four students.___– Since the system shares legs be- tween tables, twice the workspace requires only one more leg. Eight students, three legs. The same eight students working on stan- dard four leg tables would be crowded by 32 table legs. Value driven by a unique anatomy. Functional features of our computertable 0 1 QQ RACEWAY AND DOOR • Reversible to allow access from the underside or rear of the table. • Allows plenty of hidden space for wiring and connections. • Door removes completely or hinges open easily. Latches closed. • Available in many standard widths to match work surfaces. The System Table system advantages over standard computer tables: • The value of a table system is the modular design --we save money by building an efficient, custom solution on a standard platform— not by cutting corners on materials and high volume standard model production. • A table system is customized to fit your students in your space, with your unique needs in mind—without compromise to available mod- els and sizes. • A table system means a plan. Legs are shared. Power and connec- tivity are part of the process --not an afterthought. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 04/19/2011 Item No. 16) Subject: Award contracts for Commercial Beach Mobile Cart Vending Service Operation Franchise for Food and Non -Alcoholic Beverages to The Sweet Spot and H2O; ensure consistency/compliance with Ordinance requirements; and authorize the City Manager to sign contracts for same, without need for further City Council approval. Department: Parks and Recreation Summary: Beach vending was discussed at the City Council Meetings on: 7/20/10- 9/21/10, 1015110; 10119110; and 11116110. Ordinance No. 14-2010 was developed; first reading was held on: 12107110; with second reading on 12121110. The Request for Proposal (RFP) was developed to comply with the Ordinance requirements. A legal advertisement ran in the Florida Today newspaper on March 21, 2011. The RFP was distributed to 5 firms. Two proposals were received on April 11, 2011 at 3:00 p.m. Selection Committee Members met and reviewed the proposals on April 12, 2011. It is recommended that the City Council award contracts to The Sweet Spot and H2O. In order for these vendors to be on the beach in a timely fashion, it is also recommended the City Council authorize the City Manager to utilize the draft vendor agreement from the RFP and ensure consistency/compliance with Ordinance requirements prior to execution without need for further City Council approval. Submitting Department Director: Robert Lefever.Q�- Date: 4/12111 Attachment(s): 1. Ordinance 14-2010 2. RFP 3. Beach Vending Final Rankings Financial Impact: $500.00 per Franchise awarded Reviewed by City Treasurer: Andrea Bowersaf:' Date: 4112111 The City Manager recommends that City Council take the following action(s): Award contracts for Commercial Beach Mobile Cart Vending Service Operation Franchise for Food and Non -Alcoholic Beverages to The Sweet Spot and H2O; ensure consistency/compliance with Ordinance requirements; and authorize the City Manager to sign contracts for same, without need for further City Council approval. Approved by City Manager: David L. Greene 0`Iy Date: 4112111 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Attachment: 1 ORDINANCE NO. 14-2010 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 54, PARKS AND RECREATION, OF THE CODE OF ORDINANCES; AUTHORIZING THE CITY COUNCIL TO AWARD FRANCHISES FOR COMMERCIAL VENDING ACTIVITIES ON THE CITY'S BEACHES BY COMPETITIVE BID PURSUANT TO CERTAIN REQUIREMENTS AND RESTRICTIONS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, at the time the City of Cape Canaveral was incorporated in 1963, its City Charter provided that the use of the ocean beach for public recreational purposes was paramount to its use for any other purpose; see Ch. 63-1197, Article ll, § 1(9), Laws of Fla ; and WHEREAS, consistent with this Charter provision, the City has traditionally restricted any commercial activities from occurring on its beaches; and WHEREAS, the City desires to permit limited commercial vending activities on its beaches in an effort to enhance and improve the experience of beach -goers; and WHEREAS, the safety, welfare and convenience of the persons that reside near the beaches of the City of Cape Canaveral and of the public that recreate on the beach are of the utmost importance to the City and to the City Council; and WHEREAS, it is the intent of this Ordinance to allow limited commercial vending activities on City beaches provided such activities do not adversely effect the safety, welfare and convenience of persons that reside near beaches and of the public that recreate on the beach; and WHEREAS, the City Council desires to permit commercial beach vending activities by franchise agreement pursuant to the conditions and limitations set forth herein; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard City of Cape Canaveral Ordinance No. 14-2010 Page 1 of 6 County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 54, Parks and Recreation, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows ( underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 54. It is intended that the text in Chapter 54 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 54. PARKS AND RECREATION ARTICLE I. IN GENERAL Sec. 54-4. Commercial solicitation. No person shall solicit, canvass or merchandise for the sale or rental of merchandise, services, goods, promotional schemes, advertising programs or property of any kind or character in the following locations in the city: I . All of the sand beach areas between the Atlantic Ocean and the city set back line for beachfront lots, except as authorized by franchise agreement pursuant to section 54-5, herein 2. All public parking lots and facilities for beach or park access, including dune crossovers. 3. All publicly owned parks. The words "solicit" or "canvass" as used herein shall include any act, delivery or exchange not initiated by the prospective customer, which directs attention to any business, mercantile or commercial establishment or enterprise, or any other commercial activity, for the purpose of directly or indirectly promoting commercial interests through sales, rentals or any exchange of value. Sec. 54-5. Commercial Beach Vendor Franchises. Reserved. (a) Authority. The City Council may enter into franchise agreementsantin t�ghr, privilege and franchise to use the sand beach areas within the City's jurisdictional boundaries to solicit canvass or merchandise for the sale of food and non-alcoholic beverages. Said franchise agreements shall be for the purpose of a particular person or entity operating_a City of Cape Canaveral Ordinance No. 14-2010 Page 2 of 6 commercial beach vending business in the City in conformity with and subject to all provisions_ terms and conditions of this section. Aperson's or entity's right to use the City's beaches for the franchise purposes stated herein shall not be exclusive and the City reserves the right to grant the use of its beaches to any person at any time duringtheperiod of anv franchise awarded pursuant to this article. (b) Award of franchise. All franchises granted hereunder shall be awarded by the City Council through the submission and consideration of competitive bids pursuant to all applicable laws and policies. Franchises shall not exceed a term of three 3 ears and no more than two (2) franchises shall be in effect at any given time. In considering any bids submitted for a franchise under this section, the City Council shall consider the following criteria in addition to any criteria included in the bid specifications: LL The effects the proposed franchise would have on thepublic's use and enjoyment of the Cit 's beaches: ,(2). The effects the proposed franchise wouId have on public safety-, (3) The performance_ history of the proposed franchisee, if ani The environmental impacts of proposed franchise activities; Public input: (6) The ability of the bidder to comply with the minimum requirements of franchises under subsection (d), M The prices offered for the sale of food and beverages-, and (8) Any other criteria deemed relevant by the City Council. () Franchise fee. The City Council shall impose a franchise fee upon any Rerson or entity that enters into a franchise agreement with the City pursuant to this section. Minimum requirements offranchisees, M If the franchisee is a corporation or other entity it shall _provide documentation that it is duly registered to conduct business in the State of Florida. (2) Franchisee shall provide the City with a detailed description of the scope of its proposed beach vending operation, including, but not limited to a description of the food and beverages to be sold; number and description of carts or other apparatus used to store or trans ort merchandise,• name of each employee, and the proposed price of all merchandise. City of Cape Canaveral Ordinance No. 14-2010 Page 3 of 6 The principal of any franchisee and all persons conducting beach vending activities on City_ beaches shall be subject to a background check. The City reserves the right to refuse to award a franchise or to terminate an existing franchise in the, event any principal or any person_ conducting beach vending activities on City beaches has been convicted of a felony within the past five (5) years. Franchisees shall be required to furnish a fully gaid commercial general liability damage and food and beverage liability insurance policy. Such insurance 12oficy shall be procured by the franchisee from a company licensed to do business in the state. The policy must protect the city,its officers agents, and attorneys from any and all claims or damages to VLogerty and or bodily injury which may result from or in connection with any of the operations carried on by franchisee list the City as an additional named insured and provide for a deductible deemed acceptable by the City Manager. The franchisee shall also provide proof of workers compensation insurance at the limits provided by the Florida Statutes. (5) Franchisees shall, to the fullest extent permitted by law, indemnify and hold harmless the City and its employees, officers, and attorneys from and against all claims,_ Iosses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorney's fees). which directly or indirectly arise out of, or result from any act or failure to act of franchisee which in any way is related to franchisee's activities or services under the franchise. Prior to commencing vending activities under an awarded franchise, franchisee must obtain and maintain in good standing all food, beverage, business tax and other Iocal and state licenses. fa Franchisee shall fully comply with all terms and conditions of any franchise agreement with the Cily. (e) Manner and conduct of beach vending. Beach vending authorized by franchise under this section shall only be authorized between the hours of 9:00 AM and dusk daily and shall be conducted in a manner that is consistent with the public's use of the beach as a passive and active recreational facility and with the public's expectation that activities and services provided on the beach will enhance one's enjoyment of their beach experience. As such, no person or entity operating under a commercial beach vendor franchise shall: M Solicit a person whose eyes are closed; M Touch a person without consent during a solicitation; (3) Continue a solicitation after receiving a negative response from the person solicited: City of Cape Canaveral Ordinance No. 14-2010 Page 4 of 6 Impede the free movement of any person; S5i Operate a motorized beach vending vehicle or cart on the beach or within restricted areas; or Solicit using any loud sound, vociferous speech, boisterous conduct or profane or vulgar language. (f) Minimum ADoearance/DressRequirements. Persons engaging in commercial beach vending shall be required to wear at a minimum an opaque short sleeve T-shirt and opaque short pants covering the pelvic area, around the waist, and the upper part of the legs. The T- shirt shall prominently display the business name of the Franchisee. f gj Identification requirements. LL Franchisees shall display their beach vending license so that it is visible to patrons, either on their person or on their vending apparatus, at all times while engaging in commercial beach vending, f 2 The cart or other vending apparatus must display the prices for all items offered for sale. Lill Location of commercial beach vending. Commercial beach vending shall be prohibited within the foIlowin areas: reas: f iZ Within conservation areas, dunes or other protected zones; f2 Within beach parkin areas, U1 Within pedestrian beach approaches: or Within 25 feet of any lifeguard tower or facility. Termination or suspension of franchise. The City Council may terminate any franchise awarded under this section upon a finding that the franchisee has violated the provisions of this section_ or has defaulted under, or otherwise violated, the franchise agreement. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be City of Cape Canaveral Ordinance No. 14-2010 Page 5 of 6 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 21 " day of December, 2010. ROCKY RA ELS, Mayor ATTEST: ANGELA APPERSON, Ci$y Clerk First Reading: December 7, 2010 Legal Ad published: December 10, 2010 Second Reading: December 21, 2010 Approved as to legal form and sufficiency for the of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney Bob Hoog James Morgan Buzz Petsos Rocky Randels Betty Walsh City of Cape Canaveral Ordinance No. 14-2010 Page 6 of 6 For Against Second Absent x_ Mnrinn x Attachment 2 City of Cape Canaveral REQUEST FOR PROPOSAL COMMERCIAL BEACH MOBILE CART VENDING SERVICE OPERATION FRANCHISE FOOD AND NON-ALCOHOLIC BEVERAGES PARKS AND RECREATION DEPARTMENT The City of Cape Canaveral ("City") is located on a barrier island along the Atlantic Ocean approximately midpoint between Miami and Jacksonville and is slightly over 50 miles east of Orlando. This 1.9 square - mile beach and coastal community is bounded on the west by the Banana River Aquatic Preserve, on the north by Port Canaveral, on the east by the Atlantic Ocean, and on the south by the City of Cocoa Beach. This location also means that the community is an integral part of the retirement -resort -vacation - recreation complex of the central beaches area of Brevard County. PURPOSE: The City is seeking proposals from qualified firms or individuals ("Proposers" or "Vendors") to operate a Commercial Beach Mobile Cart Vending Service Operation Franchise for the City's Parks and Recreation Department in accordance with the terms, conditions and specifications contained in this Request for Proposal ("RFP"). APPLICATION: The City shall enter into a Franchise Agreement granting the right and privilege to use the sand beach areas within the City's jurisdictional boundaries to solicit and canvass for the sale of food and non-alcoholic beverages. Said Franchise Agreement shall be for the purpose of a Vendor operating a commercial beach mobile cart vending service operation franchise business in the City in conformity with, and subject to, all provisions, terms and conditions of this RFP. A Vendor's right to use the City's beaches for the franchise purposes stated herein shall not be exclusive and the City reserves the right to grant the use of its beaches to any person at any time during the period of any franchise awarded. RFP DUE DATE: Proposers must submit an identified "original copy" plus three (3) copies of the proposal (including any attachments) no later than April 11, 2011 at 3.00 p.m. to the City Clerk's Office located at 105 Polk Avenue, Cape Canaveral, Florida 32920. The proposal shall be in a sealed envelope clearly marked "Commercial Beach Mobile Cart Vending Service Operation Franchise, Food and Non -Alcoholic Beverages -- RFP #2011-01". The official time shall be that marked by the City Clerk's Office. Only paper submittals shall be accepted. Electronic or fax submittals shall not be accepted. Page 1 of 17 RFP SCHEDULE: The proposed RFP schedule is as follows: Release RFP Last date for receipt of written questions Proposal due date Selection Committee review and ranking deadline Intended date for contract award *Dates indicated are tentative and may be changed by the City. March 21, 2011 April 7, 2011 April 11, 2011 (prior to 3:00 pm) April 13, 2011 April 19, 2011 QUALIFICATIONSANSPECTION: Proposals shall only be considered from Proposers normally engaged in providing the types of services specified herein. The City reserves the right to inspect each Proposer's facilities, equipment, personnel and organization at any time, or to take any other action necessary to determine the Proposer's ability to perform. The City reserves the right to reject proposals where evidence or evaluation is determined to indicate the inability of proposers to perform the required tasks. The Vendor conducting beach vending activities on City beaches shall be subject to a background check. The City reserves the right to refuse to award a franchise or to terminate an existing franchise in the event any principal or any person conducting beach vending activities on City beaches has been convicted of a felony within the past five (5) years. LICENSES/PERMITS/INSURANCE REQUIREMENTS: The selected Vendor shall obtain and provide proof of all pertinent licenses, permits and insurance required to conduct business as a Vender in the City. The selected Vendor shall also furnish proof of worker's compensation insurance and general liability insurance. The coverage is to remain in force at all times during the contract period. The City is to be named as "additional insured" with relation to general liability insurance. PROHIBITION OF INTEREST: No contract shall be awarded to a Proposer having an affiliation with City elected officials, officers or employees unless the Proposer has fully complied with current Florida State Statutes and related City ordinances. Proposers must disclose any such affiliation during the selection process. Failure to disclose any such affiliation shall result in disqualification of the Proposer and removal from the City's approved vendor lists and prohibition from engaging in any business with the City. RFP DOCUMENTS: All Proposers shall examine this RFP carefully. Failure to adequately review the requirements shall not relieve a successful Proposer from liability and obligation under any contract. CONTRACT: The initial contract term shall commence upon date of award by the City and shall expire one year from that date. The City reserves the right to extend the contract for three, additional, one (1) year terms providing all terms, conditions and specifications remain the same, both parties agree to the extension and such extension is approved by the City. Vendor agrees and understands that the contract shall not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services at its sole option. A proposed Vendor Agreement is included as Attachment #1. NEWS RELEASESIPUBLICITY: News releases, publicity releases or advertisements relating to any contract shall not be made without prior City approval. Page 2 of 17 PROPOSER'S COSTS: The City shall not be liable for any costs incurred by proposers in responding to this RFP. RULES AND PROPOSALS: The signer of the proposal must declare that the only person(s), company or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person(s), company or parties submitting a proposal; that it is in all respects fair and in good faith, without collusion or fraud; and that the signer of the proposal has full authority to bind the principal Proposer. The City reserves the right to reject any or all proposals, waive minor informalities or award to/negotiate with firms whose submittals best serve the interests of the City. DAYS AND HOURS OF OPERATION: Beach vending by the selected Vendor shall only be authorized between the hours of 10:00 a.m. — 5:00 p.m. daily including weekends and holidays. The successful Vendor shall have the proprietary operational rights of the beach seven (7) days per week. The selected Vendor shall have the right to make written application to the Parks and Recreation Department Director for a change in the hours of operation which, upon the approval, shall become the temporary hours of operation. The City reserves the right to revoke the contract if the selected Vendor does not adhere to the schedule of operations. OPERATING REGULATIONS: Operating regulations for the selected Vendor are as follows: 1. All City, County and State laws and regulations relating to the operational use of the City's beachfront areas shall be adhered to by the Vendor, his/her representatives and employees. 2. The Vendor shall conduct his/her operation and provide contracted services in such a manner as to maintain reasonable quiet and minimize disturbance to the general public per City ordinance No. 14-2010. 3. The security for all property, equipment and supplies owned and provided by the Vendor shall remain the responsibility of the Vendor. Costs relating to the repair or replacement of such items, stolen, lost or damaged shall be at the sole cost and expense of the Vendor. 4. The Vendor shall be responsible for all damage to City property or the City beachfront caused by the Vendor or his/her employees or agents. Any such damage shall be corrected at the sole cost and expense of the Vendor. 5. The Vendor shall provide a list of all proposed items and unit prices and shall not sell anything other than that which he/she is licensed to vend. 6. The Vendor shall not leave any location without first picking up, removing and disposing of all trash, materials or refuse remaining from sales made by him/her or the conduct of his/her operation. 7. The Vendor's cart shall not be left unattended at any time — there shall be no overnight storage of any type on the beach. In addition, commercial beach vending shall be prohibited within the following areas: a. Within conservation areas, dunes or other protected zones. b. Within beach parking areas. c. Within pedestrian beach approaches. d. Within 25 feet of any lifeguard tower or facility. SEA TURTLES: The Vendor must understand that marine turtle nesting activity may be ongoing between the period of March 1 and October 31, or as determined by the State of Florida each year. It is the responsibility of the Vendor to abide by any order issued by the State of Florida and/or cooperate with Brevard County to ensure that nesting surveys may be conducted in accordance with the conditions set forth by the State. If the Vendor or his/her staff sees someone harassing a sea turtle or poaching a nest, the Page 3 of 17 Vendor shall immediately call the Florida Fish and Wildlife Conservation Commission at 1-888-404- 3922. DESCRIPTION OF SERVICES: The Vendor shall provide the City with a detailed description of the scope of his/her proposed beach vending operation including, but not limited to, a description of the food and beverages to be sold; an operations schedule including proposed days of services to provide vending services; number and description of carts or other apparatus used to store or transport merchandise; and the proposed price of all merchandise. CART FEES: A per cart franchise fee of $500 shall be payable by the Vendor to the City upon the contract execution and at each annual renewal period thereafter. CART STRUCTURE: Carts shall be equipped with at least two wheels and designed for easy movement, but shall not be motorized or propelled in any manner other than by the walking motion of the Vender personnel, with exception that a handicapped person may use other appropriate means of movement. The cart shall not have attached to it any bell, siren, horn, radio, amplified music system, loudspeaker or any similar device to attract attention. Any activity that disturbs the public is prohibited. The Vendor shall not use any sign or advertising except for the posting of prices, the names of the products and the name of the vending operation. Freestanding signs of any kind are not permitted. Each cart shall be enclosed on all sides and covered with an appropriate material to prevent exposure of the food or food product to wind, dust, sand, insects or the elements, and shall meet such other regulations as may be required by the Brevard County Health Department and State of Florida. SECURITY: Security of the cart(s) shall be the responsibility of the Vendor. Cart(s) must be removed in the event of weather related danger (i.e., hurricane watch or warning) or at any other time the City determines the need for removal. SERVICE TEST PERIOD: If the Vendor has not previously performed services for the City, the City reserves the right to require a test period to determine if the Vendor can perform in accordance with the requirements of the contract, and to the City's satisfaction. Such test period can be from thirty (30) to ninety (90) days, and shall be conducted under all specifications, terms and conditions contained in the contract. VENDOR PERFORMANCE REVIEWS AND RATINGS: The City shall develop a Vendor performance evaluation report. This report shall be used to periodically review and rate the Vendor's performance under the contract with performance ratings as follows: Excellent Far exceeds requirements. Good Exceeds requirements. Fair Just meets requirements. Poor Does not meet all requirements and Vendor is subject to possible termination. Noncompliance Either continued poor performance after notice or a performance level that does not meet a significant portion of the requirements. This rating makes the Vendor subject to the default or cancellation for cause provisions of the contract. The report shall also list all discrepancies found during the review period. The Vendor shall be provided with a copy of the report, and may respond in writing if he/she takes exception to it or wishes to Page 4 of 17 comment. Vendor reviews and subsequent reports shall be used in determining the suitability of contract extension. ADMINISTRATIVE SERVICES. Personnel services provided by the Vendor shall be by employees of the Vendor and subject to supervision by the Vendor, and not as officers, employees or agents of the City. Personnel policies, tax responsibilities, social security, health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under any contract shall be those of the Vendor. The Vendor must also maintain a Drug -Free Workplace Program. The City's program requirements are included on Attachment #2; this form must be included with each proposal. SUBCONTRACTORS: Subcontractors shall not be permitted under this contract. DAMAGE TO PUBLIC OR PRIVATE PROPERTY: Damage to public and/or private property as a result of Vendor operations shall be the responsibility of the Vendor and shall be repaired and/or replaced at no additional cost to the City. INSURANCE: 1. Insurance Requirements: Upon award, the Vendor shall be required to obtain and furnish to the City, prior to the contract being effective, Certificates of Insurance approved by the City. All insurance policies shall be with insurers with an acceptable rating, registered and licensed to do business in the State of Florida. The Vendor shall be required to name the City as an additional named insured with the following minimum coverages: a. Worker's Compensation: If applicable, shall be maintained by the Vendor for all employees engaged in the work in accordance with the laws of the State of Florida. Employers liability insurance shall be maintained by the Vendor at limits no less than the following: $100,000 Each Accident $100,000 Disease Each Employee $500,000 Disease Aggregate b. Comprehensive General Liability Insurance: Shall be maintained by the Vendor with minimum limits not less than the following: $1,000,000 Bodily Injury and Property Damage — each occurrence $1,000,000 Personal and Advertising Injury — each occurrence $2,000,000 General Aggregate $2,000,000 Products/Completed Operations Aggregated Limit $ 5,000 Medical Payment $ 100,000 Fire Damage Legal Liability Coverage shall include contractual liability and Vendor's liability c. Automobile Liability Insurance: Shall be maintained by the Vendor with a combined single limit of not less than $1,000,000 bodily injury and property damage in accordance with the laws of the State of Florida, as to the ownership, maintenance and use of all owned, non - owned, leased or hired vehicles. The above requirements may be reduced in the final contract at the City's sole discretion. Page 5 of 17 NOTICES: All notices and franchise fee payments shall be sent to the parties at the following address: City of Cape Canaveral Parks and Recreation Director P.O. Box 326 Cape Canaveral, Fl. 32920 PROPOSAL: The following shall be fully addressed in the proposal: 1. Statement of Qualifications: Provide a statement of understanding of the critical issues and opportunities associated with the proposed services and how the Proposer is uniquely qualified to assist the City in this effort. 2. Preliminary Scope of Services: Provide an outline detailing the approach and concept of the vending service and a proposed scope of services to demonstrate an understanding of the service. 3. Operations Schedule: Provide an operations schedule including proposed days of services to provide vending services. 4. Cart Appearance: Provide a color photograph that includes cart specifications. 5. Uniform: Provide a color photograph of the Vendor's uniform. 6. Products and Services Offered: Provide a list of all proposed items to be sold and unit prices. 7. Experience: State and document the number of years of experience the Proposer has had in providing similar services. List clients for who services have been provided in the last three years. Provide client names, addresses, telephone numbers, client contacts, e-mail addresses and dates that the services were provided. 8. Employees: Provide proof that the business has sufficient employees to provide coverage at the onset of the contract. List those persons who may have a management position working with the City - list the names, titles or positions and the project duties. 9. Permits/Licenses-, Provide copies of all County, State and City permits and licenses. CONSIDERATION FOR AWARD/AWARD PROCEDURES: The award of the contract shall be based on certain objectives and subjective considerations, and shall be based upon an evaluation point system as follows: Hours of operation: 0 to 15 points Products and services offered for sale: 0 to 20 points Concession experiencelbusiness references: 0 to 10 points Cart appearance: 0 to 15 points Vendor uniform appearance: 0 to 10 points Licenses/permits: 0 to 10 points The evaluation of proposals shall be conducted by a Selection Committee of City Staff. The Committee shall score and rank all responsive proposals and determine a minimum of three (3) Proposers to be finalists for further consideration. In the event there are less than three (3) responsive proposals, the Committee shall give further consideration to all responsive proposals received. If necessary, the Committee shall then conduct interviews, for clarification purposes only, with the finalists and re -score Page 6 of 17 the proposals. The Committee shall then make a recommendation to the Cape Canaveral City Council for award. Proposers or finalists may be required to provide an oral presentation by appearing before the Selection Committee. The City may also require additional information and Proposers shall agree to furnish such information. The City reserves the right to award the contract to the Vendor who shall best serve the interests of the City. The City reserves the right, based upon its deliberations and in its opinion, to accept or reject any or all proposals. The City also reserves the right to waive minor irregularities or variations to the specifications and in the proposal process. Page 7 of 17 Attachment #1 Vendor Agreement Page 8 of 17 VENDOR AGREEMENT THIS AGREEMENT is made this _ day of , 2 ("Effective Date"), by and between the CITY OF CAPE CANAVERAL, FLORIDA, a Florida municipal corporation, whose address is 105 Polk Avenue, Cape Canaveral, Florida, 32920 ("City"), and ("Vendor') RECITALS: WHEREAS, the Vendor desires to offer whose address is , Florida ("Services") for the benefit of the public using the sand beach areas within the City's jurisdictional boundaries; and WHEREAS, the City desires to allow the Vendor to offer such Services to the public under the terms and conditions set forth in this Agreement. IN CONSIDERATION of the mutual covenants and provisions hereof, and other good, diverse and valuable considerations, the receipt and sufficiency all or which is hereby acknowledged, the parties desiring to be legally bound do hereby agree as follows: ARTICLE 1 GENERAL PROVISIONS 1.1 Engagement. The City hereby engages the Vendor and the Vendor agrees to perform the Services outlined in EXHIBIT "A" for the stated fee arrangement. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated in this Agreement. 1.2 Due Diligence. The Vendor acknowledges that he/she has conducted an investigation prior to execution of this Agreement and satisfied himself/herself as to the conditions affecting the Services, the availability of materials and labor, the cost thereof, the requirements to obtain necessary insurance as set forth herein, and the steps necessary to complete the Services herein. The Vendor warrants unto the City that he/she has the competence and abilities to carefully and faithfully complete the Services set forth herein. The Vendor shall perform the Services with due and reasonable diligence consistent with sound professional practices. 1.3 Consultants Competitive, Negotiation Act Services. The Vendor warrants unto the City that the services being performed pursuant to this Agreement do not constitute professional services as defined by Section 287.055(2) (a), Florida Statutes. Page 9 of 17 ARTICLE 2 PAYMENT TERMS 2.1 Payment Terms. Payment of $500 per cart is due upon contract execution and at each annual renewal period thereafter. ARTICLE 3 GENERAL CONDITIONS OF SERVICES 31 Provision of Services is a Private Undertaking. With regard to any and all Services performed hereunder, it is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the City and the Vendor is such that the Vendor is not an agent of the City. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the City and the Vendor during or after the performance of the Services under this Agreement. 3.2 Warranty of Services. The Vendor hereby warrants unto the City that he/she has sufficient experience to properly complete the Services specified herein or as may be performed pursuant to this Agreement. The Vendor shall comply with all Iaws, ordinances, rules and regulations in the performance of the Services. The Vendor shall pay all taxes, fees and license fees required by law, including but not limited to occupational fees and withholding taxes and assume all costs incident to the Services, except as provided herein. ARTICLE 4 SUBCONTRACTS, ASSIGNMENT 4.1 Assignment and Subcontracting. Unless otherwise specifically required by this Agreement, the Vendor shall not assign, sublet or transfer any rights or Services under or interest in (including, but without limitations, moneys that may become due) this Agreement without the written consent of the City, except to the extent that any assignment, sublet, or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to any assignment, no assignment shall release or discharge the assignor from any duty or responsibility under this Agreement. Further, the Vendor shall not subcontract any portion or all of the Services without the written consent of the City. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the City and the Vendor, and all duties and responsibilities undertaken pursuant to this Agreement shall be for the sole and exclusive benefit of the City and the Vendor and not for the benefit of any other party. ARTICLE 5 MISCELLANEOUS PROVISIONS 5.1 Governing Law; Venue. This Contract shall be governed by the law of the State of Florida. Venue of all disputes shall be properly placed in Brevard County, Florida. The parties agree that Page 10 of 17 the Agreement was consummated in Brevard County, and the site of the Services is Brevard County. If any dispute concerning this Contract arises under Federal law, the venue shall be Orlando, Florida. 5.2 Notices. All notices, demands, requests, instructions, approvals, and claims shall be in writing. All notices of any type hereunder shall be given by U.S. mail or by hand delivery to an individual authorized to receive mail for the below listed individuals, all to the following individuals at the following locations: TO THE CITY: David L. Greene City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 (321) 868-1230 (Phone) (321) 868-1248 (Fax) TO THE VENDOR: Name: Address: Telephone: Fax: Notice shall be deemed to have been given and received on the date the notice is physically received if given by hand delivery, or if notice is given by first class U.S. Mail, then notice shall be deemed to have been given upon the date said notice was deposited in the U.S. Mail addressed in the manner set forth above. Any party hereto by giving notice in the manner set forth herein may unilaterally change the name of the person to whom notice is to be given or the address at which notice is to be received. 5.3 Public Record. It is hereby specifically agreed that any record, document, computerized information and program, audio or video tape, photograph, or other writing of the Vendor related, directly or indirectly, to this Agreement, may be deemed to be a Public Record whether in the possession or control of the City or the Vendor. Said record, document, computerized information and program, audio or video tape, photograph or other writing of the Vendor is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the City. Upon request by the City, the Vendor shall promptly supply copies of said public records to the City. All books, cards, registers, receipts, documents and other papers in connection with this Agreement shall at any and all reasonable times during the normal working hours of the Vendor be open and freely exhibited to the City for the purpose of examination and/or audit. 5.4 Amendment of Agreement. Modifications or changes in this Agreement must be in writing and executed by the parties bound to this Agreement. Page 11 of 17 5.5 Severability. If a word, sentence or paragraph herein shall be declared illegal, unenforceable or unconstitutional, the said word, sentence or paragraph shall be severed from this Contract, and this Contract shall be read as if said illegal, unenforceable or unconstitutional word, sentence or paragraph did not exist. 5.6 Attorney's Fees. Should any litigation arise concerning this Agreement between the parties hereto, the parties agree to bear their own costs and attorney's fees. 5.7 Entire Agreement. This Agreement represents the entire and integrated Agreement between the parties and supersedes all prior negotiations, representations or Agreements, either oral or written, and all such matters shall be deemed merged into this Agreement. 5.8 Sovereign Immunity. Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes or other limitations imposed on the City's potential liability under state or federal law. As such, Vendor agrees that the City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00), 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 the sum of two hundred thousand dollars ($200,000.00). ARTICLE 6 PROTECTION OF PERSONS AND PROPERTY, INSURANCE 6.1 Worker's Compensation. Upon the effective date of this Agreement, Vendor shall provide proof of worker's compensation insurance in the minimum amount required by law (if required). 6.2 General Liability. Insurance Requirements: Upon award, the Vendor shall be required to obtain and furnish to the City, prior to the contract being effective, Certificates of Insurance approved by the City. All insurance policies shall be with insurers with an acceptable rating, registered and licensed to do business in the State of Florida. The Vendor shall be required to name the City as an additional named insured with the following minimum coverages: a. Workers' Compensation: If applicable, shall be maintained by the Vendor for all employees engaged in the work in accordance with the laws of the State of Florida. Employers liability insurance shall be maintained by the Vendor at limits no less than the following: $100,000 Each Accident $100,000 Disease Each Employee $500,000 Disease Aggregate b. Comprehensive General Liability Insurance: Shall be maintained by the Vendor with minimum limits not Iess than the following: $1,000,000 Bodily Injury and Property Damage —each occurrence $1,000,000 Personal and Advertising Injury— each occurrence $2,000,000 General Aggregate Page 12 of 17 $2,000,000 Products/Completed Operations Aggregated Limit $ 5,000 Medical Payment $ 100,000 Fire Damage Legal Liability Coverage shall include contractual liability and Vendor's liability. c. Automobile Liability Insurance: Shall be maintained by the Vendor with a combined single limit of not less than $1,000,000 bodily injury and property damage in accordance with the laws of the State of Florida, as to the ownership, maintenance and use of all owned, non -owned, leased or hired vehicles. (The above requirements may be reduced in the final contract at the City's sole discretion.) 6.3 Requirements. This paragraph shall be applicable to Sections 6.1 and 6.2. The insurance required by this Article shall include the liability and coverage provided herein, or as required by law, whichever requirements afford greater coverage. All of the policies of insurance so required to be purchased and maintained for the certificates (or other evidence thereof) shall contain a provision or endorsement that the coverage afforded shall not be canceled, materially changed or renewal refused until at least thirty (30) days' prior written notice has been given to the City and the Vendor by certified mail, return receipt requested. All such insurance shall remain in effect until final payment. Unless agreed to by the City to the contrary, the City shall be named on the foregoing insurance policies as "additional insured". The Vendor shall cause its insurance carriers to furnish insurance certificates specifying the types and amounts of coverage in effect pursuant hereto, the expiration dates of such policies, and a statement that no insurance under such policies shall be canceled without thirty (30) days' prior written notice to the City in compliance with other provisions of this Agreement. For all Services performed pursuant to this Agreement, the Vendor shall continuously maintain such insurance as required by Sections 6.1, 6.2, and 6.3. In the event Vendor fails to maintain said insurance, City, at its option, may elect to terminate this Agreement by written notice to Vendor. 6.4 Indemnification and Hold Harmless. For all Services performed pursuant to this Agreement, the Vendor agrees to the fullest extent permitted by law, to indemnify and hold harmless the City and its employees, officers, and attorneys from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorney's fees), directly or indirectly arising from the negligent acts, errors, omissions, intentional or otherwise, arising out of or resulting from Vendor's performance of any Services provided pursuant to this Agreement. The indemnification provided above shall obligate the Vendor to defend at his/her own expense or to provide for such defense, at the option of the City, 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 City or its employees, officers and attorneys which may result from the Services under this Agreement whether the Services be performed by the Vendor or anyone directly or indirectly employed by them. In all events, the City 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. This paragraph 6.4 shall survive termination of this Agreement. Page 13 of 17 6.5 Standard of Care. In performing its Services hereunder, the Vendor shall use that degree of care and skill ordinarily exercised, under similar circumstances by reputable persons providing the same or similar services. ARTICLE 7 TERMINATION OF THE CONTRACT 7.1 Termination by City. The City may terminate this Agreement with five (5) days written notice to Vendor. Such termination shall be at City's sole discretion. 7.2 Termination by Vendor. With at least five (5) days written notice to the City, Vendor may terminate this Agreement if the City fails to comply with the terms and conditions of this Agreement. 7.3 Termination by Consent. This Agreement may be terminated by the mutual written consent of both parties at any time, and without penalty. 7.4 Upon Termination. Upon termination of this Agreement, Vendor shall be entitled to no additional compensation. Upon notice of termination, the Vendor shall cease all Services being provided hereunder. 7.5 Waiver. Failure of the City to insist upon performance within any time period or upon a proper level or quality of performance shall not act as a waiver of the City's right to later claim a failure to perform on the part of the Vendor. ARTICLE S TERM OF AGREEMENT 8.1 Term. The term of this Agreement shall commence on the Effective Date of this Agreement and end on , unless extended by mutual written agreement of the parties. ARTICLE 9 CONFLICTS 9.1 Conflicts. In the event that a conflict arises as to the contents of Exhibit "A" and the Agreement, the Agreement shall govern. IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed as of the date first written above. [EXECUTION PAGE FOLLOWS] Page 14 of 17 ATTEST: Title: ATTEST: Title: STATE OF FLORIDA COUNTY OF BREVARD CITY: CITY OF CAPE CANAVERAL, FLORIDA David L. Greene, City Manager Date: VENDOR: Print Name: Date: The foregoing instrument was acknowledged before me this day of , 20, by _ who executed the foregoing instrument and acknowledged before me that he/she executed the same for the uses and purposes therein expressed and who is personally known to me or who has produced as identification and who did take an oath. (NOTARY SEAL) Notary Public Signature Typed or Printed Notary Name: Page 15 of 17 Attachment #2 Drug -Free Workplace Program Form Page 16 of 17 DRUG-FREE WORKPLACE PROGRAM RFP #2011- 01 To be considered for a Contract for this RFP, each Proposer must have a Drug -Free Workplace Program in-place. In order to have a drug-free workplace program, a Proposer shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing or possession of a controlled substance is prohibited in the workplace and specifying the actions that shall be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the Proposer's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services a copy of the statement specified in subsection (1) above. 4. In the statement specified in subsection (1) above, notify the employees that, as a condition of working on the commodities or contractual services, the employee shall abide by the terms of the statement and shall notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this Proposer complies fully with the above requirements. Proposer Signature Proposer Printed Name Name of Company Page 17 of 17 Beach Vending Final Rankings H2O Total Overall Criteria Points Available Points Points Average Hours of operation 0-15 45 Products and Services 0-20 65 Experience/References 0-10 26 Cart Appearance 0-15 40 Uniform Appearance 0-10 28 License/Permits 0-10 32 80 236 59 The Sweet Spot Total Overall Criteria Points Available Points Points Average Hours of operation 0-15 60 Products and Services 0-20 78 Experience/References 0-10 38 Cart Appearance 0-15 59 Uniform Appearance 0-10 40 License/Permits 0-10 20 80 295 73.75 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 04/19/2011 Item No. Subject: Ordinance No. 01-2011, Amending Articles II and III of Chapter 2, Administration, of the Cape Canaveral City Code related to the City Council and City Officers and Employees; making amendments consistent with the adoption of the new City Charter; making minor editorial and conforming amendments; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date. Department: Administration Summary: In November 2010, City Charter amendments were adopted. The articles and section numbers in the new Charter are different from the prior Charter. Ordinance No. 01-2011 includes the necessary reference changes for Chapter 2, Articles 11 and III of the City Code. The City of Cape Canaveral has held two Regular City Council Meetings a month as required by the prior Charter. The new Charter requires only one meeting a month. City Code Section 2-56 requires regular meetings on the first and third Tuesday of each month unless otherwise postponed, cancelled or rescheduled by majority vote of the City Council at a regular meeting. At the February 15, 2011 Regular City Council Meeting consensus was reached to amend this schedule to require one meeting per month on the third Tuesday, reserving the first Tuesday each month if an additional meeting is necessary. Council cited the amount of City resources required to conduct two regular meetings per month and the need for greater efficiency as the basis for their consensus. The proposed Ordinance changes Section 2-56 to meet the consensus of the City Council, allows rescheduling of meetings by consensus of the Council and eliminates the need to reschedule a meeting which falls on a holiday. The new Charter also changed requirements for appointing an Acting City Manager and eliminated the Charter Positions of City Treasurer and City Engineer. Amendments are also proposed to Section 2-102, Section 2-141 and 2-151 to make these sections conform to the new Charter. Lastly, minor editorial changes were made for readability and consistency with current practices such as, posting the meeting agenda to the City's website and meeting at the Library Meeting room. The City Council passed the Ordinance at the first hearing on March 15, 2011. The Notice of Hearing for the second reading of the Ordinance was published in the Florida Today newspaper on March 18, 2011. The Ordinance is presented for the second reading and final adoption. Submitting Department Director: Angela Apperson J Date: 04-06-11 Attachment: Ordinance No. 01-2011 City Council Meeting Date: 04/1912011 Item No. Continued Financial Impact: This will have a positive financial impact on the City's budget; reducing the overall number of meetings will have cost savings for City Attorney attendance. There are moneys available in the budget to cover the cost of advertising the Ordinance prior to second reading. Reviewed by City Treasurer: Andrea Bowers W Date: ( 1-71 The City Manager recommends that City Council take the following action(s): Approve the second reading of Ordinance No. 01-2011. Approved by City Manager: David L. Greene &) -j - Date: City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications Tabled to Time Certain ORDINANCE NO. 01-2011 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING ARTICLES II AND III OF CHAPTER 2, ADMINISTRATION, OF THE CAPE CANAVERAL CITY CODE RELATED TO THE CITY COUNCIL AND CITY OFFICERS AND EMPLOYEES; MAKING AMENDMENTS CONSISTENT WITH THE ADOPTION OF THE NEW CITY CHARTER; MAKING MINOR EDITORIAL AND CONFORMING AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, on November 2, 2010, the voters of Cape Canaveral approved, by referendum, a new City Charter; and WHEREAS, certain amendments to the City Code are required to ensure the Code is consistent with the new Charter; and WHEREAS, Chapter 2, Administration, of the City Code, requires amendment to reflect the City Council's desire to conduct regular City Council meetings once a month on the third Tuesday of each month, instead of twice per month; and WHEREAS, in addition to these amendments, various other provisions of Chapter 2 require minor modification to update and streamline the City Code regarding City Council meetings and the preparation of agendas and minutes; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. City of Cape Canaveral Ordinance No. 01-2011 Page 1 of 7 Section 2. Code Amendment. Chapter 2, Administration, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and art type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 2. It is intended that the text in Chapter 2 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 2. ADMINISTRATION ARTICLE 11. CITY COUNCIL DIVISION 1. GENERALLY Sec. 2-26. - Elections. All powers and duties of the city specified in the city Charter in the general laws of the state are vested in the city council. The city council is comprised composed of five members who are elected at large by the registered electors of the city. Two members are elected each year to three- year terms, except on every third year only one member, who is also the mayor, is elected to a three- year term. Further, should any general election include the election of a council person due to a vacancy in that office pursuant to article II, section 2.06 artiele f1f, section 4, of the Charter, then the unexpired term shall be filled by the candidate receiving the third greatest number of votes, or the second greatest number of votes in third year elections involving only the mayor. Should more than one vacancy be filled at the election, then those receiving the greatest number of votes shall be declared elected for the longest terms. DIVISION 3. MEETINGS Sec. 2-56. - Regular Meetings. The city council shall hold regular meetings on the first and third Tuesday of each month at 7:00 p.m. The city council may, on an as -needed basis, begin its regular meetings prior to 7:00 p.m. When the day fixed for any regular meeting falls upon a day designated by law as a legal national holiday, such meeting will not be held Shall Regular meetings maybe otherwise postponed, canceled or rescheduled by consensus adopted at a regular ineeting by a majority vote ofthe city council. All regular meetings shall be held in the city hall annex or sneh other place as designated by a majority of the council in open session. City of Cape Canaveral Ordinance No. 01-2011 Page 2 of 7 Sec. 2-57. - Special meetings. (a) A special meeting of the city council may be initiated by any of the following means: (1) By an affirmative vote of a majority of the city council pursuant to the Charter, article II, section 2.11 art. V, § 1. (2) By serving the city manager or the city clerk notice in writing and signed by a majority of the city council. The clerk shall immediately give verbal or written notice to each member of the council, stating the date and hour of the meeting and the purpose for which such meeting is called, and no other business shall be enacted at that meeting. The clerk in the notice of a special meeting initiated in this manner shall allow at least 24 hours to elapse between the call of the meeting and the date and hour of the meeting. Notice shall be posted at city hall and on the city website. (3) By verbal notice to the city clerk or the city manager by a majority of the city council whenever an emergency exists which requires immediate action by the council. The clerk shall immediately attempt to give notice to each member of the council stating the hour of the meeting and the purpose for which such meeting is called, and no other business shall be enacted at that meeting. If, after reasonable diligence, it is impossible to give notice to each councilmember, such failure shall not affect the legality of the meeting. (b) All special meetings shall be held in the city hall or such other place as designated by a majority of the council in open session and shall be open to the public and the press. Sec. 2-58. - Workshop meetings. Workshop meetings may be called to informally discuss matters relating the city business, ig matters to be pf aced on the nenda fbr the succeeding regular council meeting, by a verbai majority of the councilmembers. Workshop meetings shall be held in the city haii annex or any other place so designated by council to [be] the Iocations of workshop meetings and shall be open to the public and press. Notice of workshop meetings shall be posted 24 hours in advance at the city hall and on the city website. Minutes of the workshop meeting shall be prepared and distributed to council members. Sec. 2-59. - Preparation of ordinances and resolutions prior to meeting. All ordinances and resolutions prepared shall be filed with the city clerk and have a permanent reference number assigned prior to consideration by the council at any regular meeting. A copy s AM11 nortnally be fumished to each cotmeilmember at the workshop meeting prior to the regtdar ineeting at which the ordinance or resolation shall be considered. A copy of the ordinance or resolution for adoption at the regular meeting is furnished in the council agenda packet. City of Cape Canaveral Ordinance No. 01-2011 Page 3 of 7 Sec. 2-60. - Preparation and notice of agenda. (a) There shall be an official agenda of every meeting of the council which shall determine the order of business conducted at the meeting. (b) All items to be placed on the agenda must be initiated by a member of the city council, the city attorney, city clerk, or city manager, or department director. (c) All items to be placed on the agenda must be filed with the city clerk the Wednesday two (2) weeks prior to the council meeting. or during the workshop meeting pursttant to held,section :1-58. ff the workshop is not any member of the city councii, thecity attomey, city clerk or city tranager may pface an item on the agenda. Agenda packets shall be distributed to council members the Tuesday one (1) week prior to the council meeting. (d) Public notice of the agenda for all meetings shall be served by posting the agenda in a conspicuous place in at city hall and on the city website the Tuesday one (1) week preceding the meeting. Sec. 2-62. - Presiding officer. The presiding officer of the council is the mayor. The council shall annually elect a mayor pro tem at the first regular meeting after the day of the general city election and the mayor pro tem shall preside over the council in the absence of the mayor. The mayor shall assume the chair as presiding officer at the next regular meeting after his or her election. The presiding officer shall preserve strict order and decorum at all meetings of the council. The presiding officer shall state every question coming b efbre die council and ainiounce the decision of the cotincil on afl matters coming befbre . A majority vote of the members present shall govern and conclusively determine all questions of order if a parliamentary decision by the presiding officer is challenged. Sec. 2-65. - Minutes. The minutes of the previous regular meeting of the city council shall be adopted by reference; unless request is niadebyacouncilmember f6r the minutes to be read in their entiret The city clerk shall strive to have available to each counciltneHoer and to the city attorney a copy of such minutes at least 24 hours preceding the next regular meeting. There shall be copies of the minutes posted on the bulletin board and copies available for the citizens to examine at the city council meeting. The minutes of the meeting shall be approved or corrected by a majority of the members present and upon such approval shall become the official minutes. City of Cape Canaveral Ordinance No. 01-20I 1 Page 4 of 7 Sec. 2-68. - General discussion. Every regular meeting of the city council shall include a period of time limited to oneug arter hour for the purpose of a question and answer session during which any person from the audience may direct questions concerning city business or affairs to any member of the council or officer or official of the city. The limitations set forth in section 2-66(g) and (h) shall apply. ARTICLE III. OFFICERS AND EMPLOYEES DIVISION 2. CITY MANAGER Sec. 2-102. - Acting city manager. By letter filed with the city clerk the cily manager shall designate a qualified administrative officer of the cily to exercise the powers and verform the duties of city manager durinR the city manager's temporary absence or disability. During extended absence or disability of the city manager, the city council may revoke such designation at any time and appoint another administrative officer of the city to serve until the city,manager shall return. , or in his absence, the city eocneil, shall appoint an acting city manager. The acting city manager shall aet fbr tiie city manager dtiring sickness or absence of the city manager and shall be responsibie for the functions of the officc. qxx I I RJR . 1 V tj I I W 7A .: = City of Cape Canaveral Ordinance No. 01-2011 Page 5 of 7 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts ofprior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2011, ATTEST: Rocky Randels, Mayor For Against Bob Hoog ANGELA APPERSON, City Clerk Jim Morgan Buzz Petsos Rocky Randels Betty Walsh City of Cape Canaveral Ordinance No. 01-2011 Page 6 of 7 First Reading: Legal Ad published: Second Reading: March 15, 2011 Approved as to legal form and sufficiency for the City of Cape Canaveral only by: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 01-2011 Page 7 of 7 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 4/19/2011 Item No. /2 - Subject: Ordinance No. 02-2011, amending Section 110-486 of the Code of Ordinances related to resort dwellings and resort condominiums; requiring nonconforming resort dwellings and resort condominiums shall be considered abandoned and lose their nonconforming status if their state license lapses for more than 180 days; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date. Department: Communitv Development Summary: Currently, legally nonconforming resort dwellings and resort condominiums automatically lose their nonconforming status with the City if their state -issued license is revoked by the Florida Department of Business and Professional Regulation for any reason, or if the license otherwise expires or lapses for more than 30 days. At the January 4, 2011 City Council meeting, Council Member Morgan made a request to further discuss City Code Section 110-486 Resort Dwellings; Resort Condominiums; Nonconforming Use Status, Expiration. Council Member Morgan stated his belief that a Resort Dwelling or Resort Condominium established in accordance with this Ordinance should retain the right to operate as such, even if found to be in violation of City Code Section 110-486(c)(2): (c) Any resort dwelling or resort condominium deemed nonconforming pursuant to this section shall lose its nonconforming status if any one of the following occurs: (1) The resort dwelling or resort condominium use is abandoned pursuant to section 110-197 of this Code; (2) The Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation revokes the resort dwelling's or resort condominium's license for whatever reason, or if said license should otherwise expire or lapse at any time for a period of time in excess of 30 days. (3) The resort dwelling or resort condominium unit has been repeatedly found to be in violation of applicable building, fire and zoning code requirements on more than three separate occasions within the previous three-year period commencing on the date that the most recent violation was cited. For purposes of this subsection, the term violation shall include those violations declared by the state or the city or a combination of violations declared by the state and city. At the February 15, 2011 City Council meeting, Council discussed the matter further and directed the City Attorney to draft an Ordinance revision which relaxes this 30 -day provision of the City Code. The revision, attached, notes that the abandonment provisions of Section 110-197 apply to resort dwellings and resort condominiums and would cause the loss of non -conforming status after 180 days of non-compliance. For instance, if the state license expires for any reason for a period of 180 days or more, the non -conforming status is lost. On March 23rd, the Planning and Zoning Board recommended approval of the Ordinance as proposed. Submitting Department Director: Todd Morl Date: 03-31-2011 Attachment(s): Ordinance No. 02 - 2011, P&Z Board Recommendation Financial Impact: No direct impact. Reviewed by City Treasurer: Andrea Bowers Date: The City Manager recommends that City Counci take the following actio (s). Approve Ordinance No. 02-2011 at First Reading. Approved by City Manager: David L. GreeneOCK-W Date:6 It City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications Tabled to Time Certain ORDINANCE NO. 02 -2011 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING SECTION 110- 486 OF THE CODE OF ORDINANCES RELATED TO RESORT DWELLINGS AND RESORT CONDOMINIUMS; REQUIRING NONCONFORMING RESORT DWELLINGS AND RESORT CONDOMINIUMS TO BE LICENSED BY THE STATE IN ORDER TO OPERATE; PROVIDING THAT NONCONFORMING RESORT DWELLINGS AND RESORT CONDOMINIUMS SHALL BE CONSIDERED ABANDONED AND LOSE THEIR NONCONFORMING STATUS IF THEIR STATE LICENSE LAPSES FOR MORE THAN 180 DAYS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, in 2007, the City Council adopted Ordinance 04-2007, which provided that resort dwelling and resort condominium uses were permitted uses in the City's C-1 Low Density Commercial District only; and WHEREAS, Ordinance 04-2007 also provided that existing resort dwelling and resort condominium uses located outside of the City's C-1 District may be considered legally nonconforming and continue operation subject to certain licensing and permitting requirements; and WHEREAS, currently, legally nonconforming resort dwellings and resort condominiums automatically lose their nonconforming status with the City if their state -issued license is revoked by the Florida Department of Business and Professional Regulation for any reason, or if the Iicense otherwise expires or lapses for more than 30 days; and WHEREAS, the City Council desires to relax this standard by providing owners of resort dwellings and resort condominiums a reasonable period of time to renew or restore their state -issued license in the event the license is revoked, or otherwise expires or lapses; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral, BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard City of Cape Canaveral Ordinance No. _-2011 Page Iof4 County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING F.W.Wa ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 1. GENERALLY *** Sec. 110-486. - Resort dwellings; resort condominiums; nonconforming use status; expiration. * * * (c) All resort dwellings and resort condominiums deemed nonconforming pursuant to this section shall remain licensed at all times by the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation. Should said license be revoked for any reason, or otherwise lapse or expire, the resort dwelling or resort condominium shall not be permitted to operate as a resort dwelling or resort condominium until said license is renewed or restored. Should any nonconforming resort dwelling or resort condominium license lapse for more than 180 days, said resort dwelling or resort condominium shall be considered abandoned pursuant to section 110-197 of this Code and shall lose its nonconformingstatus. atus. Any resort dwelling or resort condominium deemed nonconforming pursuant to this section shall Iose its nonconforming status if any one of the following occurs: (1) The resort dwelling or resort condominium use is abandoned pursuant to section 110-197 of this Code; ��i �i[[�i�u[Smr�i���n�[.�r:�nu�►�:��r+�+[r.�r[w=ii�wn�r[iir[ir.�il.�[r'nruc.n��ii� City of Cape Canaveral Ordinance No. _-2011 Page 2 of 4 (3�--The resort dwelling or resort condominium unit has been repeatedly found to be in violation of applicable building, fire and zoning code requirements on more than three separate occasions within the previous three-year period commencing on the date that the most recent violation was cited. For purposes of this subsection, the term violation shall include those violations declared by the state or the city or a combination of violations declared by the state and city. (ed) It shall be unlawful for an owner to operate a resort dwelling or resort condominium in a zoning district other than C-1 (low density commercial district) unless the owner has obtained a certificate of nonconforming status under this section. In furtherance of the public health, safety and welfare of the public that occupy resort dwellings and resort condominiums, the city manager is hereby authorized to take whatever lawful steps are necessary, with the assistance of the building official and fire chief, to require that the operation of a resort dwelling or resort condominium within with in the city is in compliance with the city's zoning and certificate of occupancy requirements. Said steps may include, but are not limited to, seeking injunctive relief in a court of competent jurisdiction. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. [EXECUTION PAGE FOLLOWS] City of Cape Canaveral Ordinance No. -2011 Page 3 of 4 i - - - - - - i i ■ i i i i � ■ i � ■■ r i ■'I IVA V I I Ii ■ i i i i (3�--The resort dwelling or resort condominium unit has been repeatedly found to be in violation of applicable building, fire and zoning code requirements on more than three separate occasions within the previous three-year period commencing on the date that the most recent violation was cited. For purposes of this subsection, the term violation shall include those violations declared by the state or the city or a combination of violations declared by the state and city. (ed) It shall be unlawful for an owner to operate a resort dwelling or resort condominium in a zoning district other than C-1 (low density commercial district) unless the owner has obtained a certificate of nonconforming status under this section. In furtherance of the public health, safety and welfare of the public that occupy resort dwellings and resort condominiums, the city manager is hereby authorized to take whatever lawful steps are necessary, with the assistance of the building official and fire chief, to require that the operation of a resort dwelling or resort condominium within with in the city is in compliance with the city's zoning and certificate of occupancy requirements. Said steps may include, but are not limited to, seeking injunctive relief in a court of competent jurisdiction. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. [EXECUTION PAGE FOLLOWS] City of Cape Canaveral Ordinance No. -2011 Page 3 of 4 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of .2011. ATTEST. Rocky Randels, Mayor For Against Bob Hoog ANGELA APPERSON, City Clerk Jim Morgan Buzz Petsos Rocky Randels Betty Walsh First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only by: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. -2011 Page 4 of 4 City . of Cape Canaveral Community Development Department Date: March 31, 2011 To: David Greene, City Manager Angela Apperson, City Clerk v From: Susan L. Chapmak Secretary, Planning & Zoning Board Through: Lamar Russell, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Proposed Ordinance Revising Section 110-486, Resort Dwellings and Resort Condominiums _ ------------------------------------------------------------------------------------------------------------ On March 23, 2011, the Planning and Zoning Board considered a proposed ordinance revising Section 110-486, Resort Dwellings and Resort Condominiums. Todd Morley, Building Official, explained the proposed changes. Following discussion, the Board members unanimously recommended that the City Council approve the proposed ordinance, as written. 7510 N Atlantic Avenue — P.O. Box 326 N Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 Fax (321) 868-1247 www.Aorda.com/capc e-mail: cityofeapecanaveral.org City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 04/19/2011 Item No. 13 Subject: Ordinance No. 03-2011, amending Chapter 110 Zoning, Article VII, Districts, of the Code of Ordinances to permit Breweries with Tasting Rooms and Associated Retail Sales in the M-1 Light industrial and Research and Development Zoning District; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date. Department: Community Development Department Summary: The Florida Beer Company is currently located in Melbourne. President Jim Massoni is seeking a new location for his brewery that would allow for the expansion of the brewing operation and attract visitors for a tour of the facilities, a tasting of the product and retail sales. Mr. Massoni is currently considering the Marshall Manufacturing site which is located on Imperial Blvd. in the M-1 Light Industrial and Research and Development Zoning District which does not allow for a brewery. Therefore, Mr. Massoni is requesting a code amendment to permit breweries with tasting rooms and associated retail sales in the District. A brewery does not conflict with the intent of the Industrial land use classification as described in the Comprehensive Plan. This use would also support the Vision Statement that envisions "A community that..... actively recruits and supports businesses that enhance economic viability and serve our residents and visitors." Staff believes that a brewery is an appropriate use in the M-1 Light Industrial and Research and Development Zoning District and that the proposed project would attract visitors to the City and compliment other tourist related businesses in the area. This use would enhance local offerings for all visitors including those patronizing the cruise ships. Planning and Zoning Board recommendation: The Board heard the request on March 23, 2011 and unanimously recommended that the City Council approve the proposed ordinance as written. Staff recommends amending the Code of Ordinances to allow for a brewery with tasting room and retail sales in the M-1 Light Industrial and Research and Development District. Submitting Department Director: Barry Brown Date: 04-06-11 Attachments: (1) Ordinance No. 03-2011; (2) Copy of legal ad which appeared in the Florida Today newspaper on 419111; (3) Application; (4) Company Background; (5) Planning and Zoning Board recommendation. Financial Impact: Diversification of City businesses will provide a long-term positive financial impact. Reviewed by City Treasurer: Andrea Bowers Gjf Date: 4Lblf( The City Manager recommends that City Coulicil4ake the following action(s): Approve Ordinance No. 03-2011 at first reading. Approved by City Manager: David L. Greene 0'0' Date: City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications Tabled to Time Certain ORDINANCE NO. 03- 2011 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110 ZONING, ARTICLE VII, DISTRICTS, OF THE CODE OF ORDINANCES TO PERMIT BREWERIES WITH OR WITHOUT TASTING ROOMS AND ASSOCIATED RETAIL SALES IN THE M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Florida Statutes Chapter 163, Local Government Comprehensive Planning and Land Development Regulation Act provides for the ability of the City of Cape Canaveral to plan for its future development and growth and provide necessary regulations for same; and WHEREAS, the City Code does not currently regulate the location of breweries with tasting rooms and retail sales within the City; and WHEREAS, the City Council finds a need to modify the City Code to provide for the regulation of placement of breweries, and further finds that such regulation is a desirable option for the City; and WHEREAS, the City of Cape Canaveral Planning and Zoning Board has reviewed the proposed amendment at a duly noticed public hearing held on March 23, 2011, and said Board and City Staff have recommended approval of this Ordinance; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 110, Article VII, Districts, Division 6, M-1 Light Industrial and Research and Development District, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and it is intended that the text in Chapter 110 denoted by the asterisks and omitted from this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): City of Cape Canaveral Ordinance 03-2011 Page 1 of 3 CHAPTER 110 se ARTICLE VII DIVISION 6. M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT Sec. 110-352. Principal uses and structures. In the M-1 light industrial and research and development district, the following uses and structures are permitted, provided any use or group of uses that are developed, either separately or, if developed as a unit with certain site improvements, shared in common, meet requirements of article IX of this chapter: x se (10) Breweries, with or without tasting rooms and associated retail sales. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. City of Cape Canaveral Ordinance 03-2011 Page 2 of 3 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2011. ATTEST: Rocky Randels, Mayor FOR AGAINST Bob Hoog Angela Apperson, City Clerk Jim Morgan First Legal Ad Published: First Reading: Second Legal Ad Published: Second Reading: Buzz Petsos Rocky Randels Betty Walsh Approved as to legal form and sufficiency for the City of Cape Canaveral only: Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance 03-2011 Page 3 of 3 2B SATURDAY, APRIL 9, 2D1`1 AR .5 C COCQA BEACH A. 12 eSt O*1'S bgnd, food .- art�l actrvitres 9eafest 20I'`wilI be toiiayat Lori on MONX Road` • ;�T�e�e�ent,:�with��faod:'4; [ I 1 ,11 pit n c� 'B B. le P p Sc frc da Bt ca pr • su p( -GU'l 'na ` ' _aria aft! sea ifYs an rep m um, W,Wy .eN acoa 4fwtn] rima cam Police to pati �._._ one Anfil4on D of. �s }uanua �rug•ts. � A pi'zze- T law lrni itivvband Faders �ienFr da' ing' vff a Oyster aby Sher SliOp #p Island N' caller from uge and,' ence store vanQr. ' ?d robbery. 'Mat IVI ' FLORIDATODAY NOl"CE QF ZONLN AMENDMENT No#ice rs'-HerebyVGrven#hat the; City ofjCape , Canaveral Crty Councilwill consider an -amend merit to #hexcode of ordinances to permit brewer: es�vu�t ut str, ions acid assFocfated reteil`saies t rntFie M 1 Light lndustrial,.and %search;and De- ' W01a iiObt Zoping pistr[ct inythe City of 0ape,Ca� r �nayeral�`�A�I?unlic ,Heanng=on the�Pra�os_ed Zona rngAmendrnent will beheld on Tuesday, April 19 . x y� 2Q 1at 700 M 1n the=Cape�Canaveraf Library; 'OUPMCape',Canaveral, Florida Thee Cityof CapeL�anaVeral proposes to adapt tfie fiolowing o�drrjance , F f., � RANCE NOS 83`20�11Mf `;' DINt O DI ANC`E OF E CI 7COU CI1L `OF= �r "THE. Cl'T1lnOF�CAP CANAYER` Ft�'ORIDA, • AME DIN CHAP'iER� O,�T.�ON NGOF SHE` ' TO P R 1 RE E l S ITN AS N OOM AND A$SOCI TED,.REI `w SALESiN' 1 D'DE E O ME D 5TR1='il:.P _ IDIN = OR A = i- E ' •I G NSS - O NA CESANDN 51.�- R AN FFc T f. e e rdin nc y e yr v�!ed m..jts entre [ he ' Clerk's Offi�at D Poik Aver e- n C�a� aI iFL 3292p during regular�yvob4. rl<ng:h- -sT }. � nday through.r�day p rsuanmwbectlon> q.86 1015, Flonda Sta ie's #he Cityiereby advises the.publ[cthaisper son decides to appeal 11 decision made tet Cityouncilv�ith, respeciJto any rnatler co'sid R gyred `at this .meeting; that,' Vurll need a ord :of the proceedings, abd for such purpose hat person "rrtightneed to ensure that a verbatim'' a ecoid ofi the;,proceed ngs is made 'wfil h record'' ja noludes the testimony and evidence upon`uyhrc �a he a pea! is..'to be Eiased Thrsrtnotice does�ot n y z� ostitute carisent theCi fOr tent rotuctron a rr admissioriinto eviddhc'f otherwis' eriadrnis=* ; -)ible or 1rrel0A.nt dV0hde,Lhor does it authorize t !lenges or -appeals not .otherwisFe allowed by,3 . N aw Persons with djsabijities needing assistancet o participate in any;of these proceedings should.ri ontact the City: Clerk's .office (8.68"19.21) 48 5 �o rs:in advance of the rhboiting. T1 M 4- m APPLICATION FOR AMENDMENT TO THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES DATE: 3 ' 17 - To c j APPLICANT. t w 13EVQ�c.�'[�+1P• COM ADDRESS: 725' Y ILW#? - P&,M.. J� - City H9t (&0 M2,,e crateZ zip t TELEPxoNE: REQUESTING AMENDMENT TO CODE SECTION REQUESTED CHANGE TO READ: REASON FOR REOUESTED CHANGE: 70 FEE FOR REQUEST: $250.00 DATE PAID: ! 1 City of Cape Canaveral Building Department (P[case Print Legibly or Type) DATE FILED FEE PAID DEPOSIT RECEIVED BY $ 250.00 FILING FEE IS NOPE -REFUNDABLE NATURE OF REQUEST _ SPECIAL, EXCEPTIONVARIANCE _ REZONING _ APPEAL CODE AMENDMENT LE (IF REQUEST IS FOR A TECOMMUNICATIONS_ TOWER ATTACH SHEET #1 O TOWER APPLICATION) DESCRIPTION OF REQUEST STATEMENT OF FACT. State of Florida, County of Brevard; being duly sworn, depose and say that: _ I am the owner. _ I am the owner's designated agent(Attach notarized letter of authorization) Owner's Name Address Home Phone'* _ (If other than owner) Applicant's Name Address Home Phone # —city State Zip Work Phone # Other _City State Zip Work Phone # Other All information, sketches and data contained and made part of this request, are honest and true to the best of my knowledge and belief. Sworn to and subscribed before the this day of____, ' _ Notary Public, State of Florida. 50% Zt� S&6 of Applicant The completed request form and the $250.00 filing fee must be filed as follows: Requests for Variances and Special Exceptions (Excepting Telecommunication Towers) , 14 days prior to the Planning & Zoning Board Meeting request for rezoning, 30 days prior to the -Plan ni a & Zoning Board meeting; Request for Telecommunications Tower, sixty days prior to the Planning &. Zoning Board meeting. The Board of Adjushnent meeting will be set after the request is heard by the Planning & Zoning Board. (A deposit may be required, see code section 110-92 for applicability) FOR CITY USE ONLY Notice of Public Hearing Published in Newspaper on Notice to applicant by Certified Mail No. on Notice posted on Bulletin Board on Notice posted on subject property on Prop. owners within 500 8. notified'on Company Background March 2010 Indian River Beverage Corporation D/B/A Florida Beer Company is engaged in the manufacturing, packaging, marketing and sale of alcoholic beverages, specifically malt based products (beer) and hard apple cider (wine). The Company participates in the premium craft beer market. The Company is organized in the state of Florida as a C Corporation. Originally founded in 1996 as Indian River Brewing, the Company was recapitalized and reorganized in August of 2003 with the addition of the current ownership group. In March of 2005 Indian River Beverage Corporation acquired the assets of Ybor City Brewing Company of Tampa, FL which included Key West Brewery, Miami Brewing and La Tropical. Indian River Beverage Corporation does business as Florida Beer Company. Florida Beer Company is the largest craft brewer in the State of Florida with all production performed in the state of Florida. All our Fresh products qualify as "Fresh From Florida FA a, The State of Florida is the third largest beer market in the country. While Florida ranks among the top for beer consumption in the United States historically the craft segment has lagged versus other parts of the country. In recent years this has changed. The craft market is now outpacing all other segments and the craft market in Florida has grown at 22% in Florida versus 11.4% in the rest of country. The Company produces and sells 19 beers (malt beverages) and 2 apple -based ciders entirely manufactured and packaged at our company-owned brewery in Melbourne, FL. The Company also engages in contract brewing for a small number of customers. As a craft brewery we brew in small batches and use only 4 ingredients. Water, malted barley, hops and yeast. We are also a packaging brewery which means our products are sold in kegs and consumer bottles for distribution. US Breweries July 31 2010 Brewpubs 994 Microbreweries 534 Regional Craft Breweries 71 Total US Craft Breweries 1,599 Large Non -Craft Breweries 20 Other Breweries 21 Total US Breweries 1,640 Production in 2010 was 20,000 barrels, the equivalent of just over 275,000 cases of beer or 620,000 gallons. This volume propels Florida Beer Company from a microbrewery into the Regional Craft Brewery category of which there are 71 participants in the country. This represented approximately 50% growth from 2009. The Company sells its products through a network of wholesale distributors who then sell to bars, restaurants, grocery stores, package stores and other specialty beverage retailers. The company directly employs regional sales representatives to market and sell its' products through the wholesale network. The Company sells its products predominantly in the state of Florida (800% +), but also markets in New York, Illinois, Georgia, Alabama, Tennessee, South Carolina, North Carolina, Virginia and the Caribbean. Florida, which represents the bulk of the Company sales, is a three-tier state governed by a franchise law. In many states, specifically Florida, laws affect enforcement of certain terms of the distributor agreements. Florida has traditionally not been a small brewery friendly state and legislative reform is needed to correct this. The Company maintains two facilities located in Melbourne, Brevard County Florida. The production brewery is located at 2500 South Harbor City Blvd. This building is approximately 12,000 square feet and houses all production related activity and equipment, a tasting room with retail store and approximately 1,000 square feet of office space. Craft Brewer Facts i Craft brewers currently provide an estimated 100,000 jobs in the U.S., including serving staff in brewpubs. Growth of the craft brewing industry in the first half of 2010 was 9% by volume and 12% by retail dollars. Overall, U.S. beer sales were down an estimated 2.7% by volume in the first half of 2010. i Growth of the craft brewing industry in 2009 was 7.2% b,. volume and 10.3% by dollars compared to growth in 2008 of 5.9% by volume and 10.1 % by dollars. i Craft brewers sold an estimated 9,115,635 barrels" of beer in 2009, up from 8,501,713 in 2008. ! Overall, US beer sales were down 2.2% in 2009. ! Imported beer sales were down 9.8% in 2009, equating to a loss of 2.8 million barrels. The craft brewing sales share in 2009 was 4.3% by volume and 6.9% by dollars. Craft brewer retail dollar value in 2009 was an estimated $6.98 billion, up from $6.32 billion in 2008. 1,595 breweries operated for some or all of 2009, the highest total since before Prohibition. 1 barrel = 31 U5 gallons hat Is A Craft Brewery American craft brewer is small, independent and nail: Annual production of 6 million barrels of beer or less. ger production is attributed to a brewer according to the rules of ernating proprietorships. Flavored malt beverages are not nsidered beer for purposes of this definition. iependent: Less than 25% of the craft brewery is owned or ntrolled (or equivalent economic interest) by an alcoholic verage industry member who is not themselves a craft brewer. sdittonat: A brewer who has either an all malt flagship (the er which represents the greatest volume among that brewers ands) or has at least 50% of its volume in either all matt beers in beers which use adjuncts to enhance rather than lighten following are some concepts related to craft beer and craft Craft brewers are small brewers. The hallmark of craft beer and craft brewers is innovation. Craft brewers interpret historic styles with unique twists and develop new styles that have no precedent. Craft beer Is generally made with traditional ingredients like malted barley; interesting and sometimes non-traditional ingredients are often added for distinctiveness. Craft Brewers tend to be very involved in their communities through philanthropy, product donations, volunteerism, and sponsorship of events. Craft Brewers have distinctive, individualistic approaches to connecting with their customers. Craft Brewers maintain integrity by what they brew and their general independence, free from a substantial interest by a non -craft brewer, The majority of Americans live within len miles of a craft brewer. The second location, 725 Silver Palm Avenue, is a 20,000 square foot warehouse located one mile north of the brewery. There is 4,000 square feet of office space and 1.6,000 square feet of warehouse space in 3 separate bays. This facility is used for finished goods storage, raw material storage (packaging), excess equipment storage, special package assembly and administrative/sales offices. Expansion Plans The brewery is quickly out growing its' existing facilities and is actively evaluating relocation options both in Brevard County and other Florida locations. The brewery facility is expected to be 40,000 to 60,000 square feet with adequate room for expansion. The facility will be principally a manufacturing facility and supporting infrastructure. In addition to manufacturing the facility will house corporate offices, warehousing, a visitor center, retail store and tasting room. Functional components of the brewery include; Brew House A brewery's brew house is the heart of the operation. It is where product is brewed utilizing large vessels to heat and process the raw materials. The initial brewhouse plans for approximately 1,500 square feet of space to be used for this process. The brewhouse will be expanded in the near future to approximately 3 times the size and capacity. Fermentation Fermentation and cellaring will consist of approximately 12,000 square feet of floor space. Fermentation and cellaring is conducted in sealed stainless steel tanks ranging is size from 30 barrels (930 gallons) to 240 barrels (7,440 gallons), Vessels are typically 10 feet in diameter by 12 to 26 feet tail. Our plans include space for 80 tanks which will give us capacity to approximately 150,000 barrels per year. Packaging/Bottling The brewery operates several packaging lines which include a tunnel pasteurizer. Packaging includes the filling of 12 ounce bottles, 22 ounce bottles and various size kegs for bulk distribution. The packaging hall will occupy approximately 5,000 square feet of the facility. Cold Storage The brewery will be installing a 5,000 square foot drive in (forklift) cooler for storage of finished goods. Warehouse Approximately 23,000 square feet will be dedicated to warehouse storage of raw materials, work in process, dry goods and non -refrigerated finished goods. (case goods) Shipping/ Receiving The brewery receives bulk shipments by trailer and ships finished goods by trailer and box trucks. Loading docks and adequate access to major roads are required. Utility Requirements The brewery requires access to public water supply, sewer, natural gas, electric and all related infrastructure. In addition to public utilities the brewery will be installing a bulk Co2 storage capacity and a chilled water system for tank cooling. In addition the brewery may choose to install a standby generator, Co2 recovery system and other supporting infrastructure needed to efficiently and effectively operate at our final location. Office Space The brewery has current needs for approximately 5,000 square feet of finished office space. At the time of development we may choose to utilize existing space, build additional space or build smaller space. Tasting Room/Visitor Center The brewery will operate a tasting room and visitor center 7 days per week. The purpose of the tasting room and visitor center is for the marketing of the company and it's products. The tasting room will also be licensed to sell the company's products to the general public. Beer/cider by the glass. The visitor center will be the hub for public access to the brewery and principally used for education, tours and marketing. The visitor center and tasting room will hold special events both private and open to the public. Retail Space The brewery will operate a retail space that will sell to the general public. Items to be sold will include products manufactured at the facility as well as related items as we see fit. For example; tee-shirts, logo merchandise, glassware, brewery related novelty items, products from partner breweries, etc. The retail, tasting room and visitor center will occupy approximately 4,000 square feet. Facade The following are two example concepts of potential facades for the brewery. Final designs are pending specific location/building selection. The plan is for an above average finish with architecture suitable for the location, with emphasis on "brewery" and consistent with Florida. 4J.4 _:EYAT Oi FL ",3DA....BEER Ce.MPAN-Y Fac+.r ey.E1.1Ar1::ry SG-FrwrL FLYf.--c es FCC Tan FLGC � A a =EM¢ GewAI [y Interior finish The interior finish of the manufacturing facility will be consistent with an industrial brewery. Finishes for floors and wall will be typical of food processing plants. The finish of the visitor center, tasting room and offices will be above average. The visitor center and tasting room is the face of the corporation and will focus on education and marketing. Landscape/Grounds It is our intention to maintain grounds and landscaping consistent with with the area and provide average to above average image. City of Cape Canaveral Community Development Department 1, 2011 To: David Greene, City Manager Angela Apperson, City Clerk From: Susan L. Chap, Secretary, Planning & Zoning Board Through: Lamar Russell, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Re: Amending Chapter 110, Zoning, Article VII, Districts, to Permit Breweries with Tasting Rooms and Associated Retail Sales in the M-1 Light Industrial and Research and Development District. ------------------------------------------------------------------------------------------------------------- On March 23, 2011, the Planning and Zoning Board considered a request, to amend the City code, to allow for a brewery with tasting rooms and retail sales, in, the M-1 zoning district. Barry Brown, Planning & Development Director, advised that staff believed that a brewery was an appropriate use in the M-1 zoning district; the use did not conflict with the intent of industrial land use; the use supported the City's Vision Statement; and, therefore, staff recommended amending the City code to allow for a Brewery with tasting room and retail sales, as a principal use, in the M-1 zoning district. Following discussion and review of the proposed ordinance, the Board unanimously recommended that the City Council approve the proposed ordinance, as written. 7510 N Atlantic Avenue —P.O. Box 326 —Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.Myflorida.com/egRe e-mail: cityofcapecanaveraLorg City of Cape Canaveral City Council Agenda Form City Council Meeting Date; 419912011 Item No. /4 Subject: Discuss and determine how to proceed with the provisions of Section 2, Salary and Evaluation, of the Employment Agreement between the City of Cape Canaveral and David Greene, City Manager. Department: Legislative Summary: Section 2, Salary and Evaluation, has several sub sections which provide for an increase. Sub -section "A" outlines the annual base salary and allows a potential increase in the base salary within six {6} months of June 1, 2010. Sub -section "B" allows consideration for an adjustment to the base salary and/or other benefits based upon performance evaluation which is required to occur between May and July of each year. Sub -section "C" required an additional evaluation between November 2010 and January 2011. At the City Clerk's suggestion, due the possibility of change in Council Members, the evaluation was conducted in November 2010. The City Council ratified the City Manager's Performance Evaluation at the November 4, 2010 Regular City Council Meeting, but no monetary value was attached to the motion. During the Council Reports portion of the last City Council Meeting on March 15, 2011, Council Member Jim Morgan commended City Manager David Greene on his job performance since being hired by the City on June 1, 2010. Discussion centered around an increase in salary or a bonus for Mr. Greene's work so far and the need to review the Employment Agreement. Council consensus was reached to bring this item back to the next City Council Meeting for further discussion. As a part of this discussion, I request Council also consider establishing the date for the evaluation which is required between May and July. Submitting Department Head: Angela M. Apperson, City Clerk Date: 04/01/11 Attachments: 1. Employment Agreement. 2. November 4, 2010 City Council Meeting Minutes. 3. Possible Schedules for Next Review. Financial Impact: Unknown as of this writing. Reviewed by City Treasurer: Andrea Bowers Date: City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain A--Rae�\W.w"f J EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (hereinafter referred to as "Agreement"), is by and between the City of Cape Canaveral, Florida, a Florida municipal corporation (hereinafter referred to as "City"), and David Greene (hereinafter referred to by name or as "City Manager"). WITNESSETH: WHEREAS, the City desires to employ David Greene as City Manager of the City of Cape Canaveral, Florida, as provided for in the City Charter of the City of Cape Canaveral, as may be amended by law; and WHEREAS, the City, through its City Council, desires to provide for certain benefits and compensation for the City Manager and to establish conditions of employment applicable to the City Manager; and WHEREAS, David Greene desires to accept employment as City Manager of the City of Cape Canaveral under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual promises as set forth in this Agreement, the parties agree as follows: Section 1. Employment. A. The City of Cape Canaveral hereby hires and appoints David Greene as its City Manager, under the terms established herein, to perform the duties and functions specified in the City Charter and the City's Code of Ordinances, as said Charter and Ordinances may be amended from time to time, to perform such other legally permissible and proper duties and functions as the City Council shall from time to time assign, and to perform such responsibilities as required by law. B. The City's employment of David Greene as City Manager shall be effective June 1, 2010. This Agreement shall remain in effect until terminated by the City or by the City Manager as provided herein. Section 2. Salary and Evaluation. A. For the performance of services pursuant to this Agreement, the City agrees to pay the City Manager an annual base salary of Ninety -Nine Thousand Five Hundred and No/100 Dollars ($99,500.00), payable in installments at the same time as other City employees are paid with an evaluation for a potential increase in the base salary within six (6) months of June 1, 2010, as determined by the City Council at the Council's discretion. Page 1 of 8 B. In addition to the provisions of subparagraph A above, the City agrees to consider adjustments of said base salary and/or other benefits of the City Manager in such amounts and to such an extent as the City Council may determine desirable on the basis of an annual performance evaluation of the City Manager. Such evaluation shall be in such form as the Council and the City Manager agree upon and shall be made between May and July of each year in which this Agreement is effective. C. During the first year of this Agreement only, the City Manager shall have an additional evaluation that will take place between November 2010 and January 2011 and shall receive a potential increase in his base salary as determined by the City Council at the Council's discretion. D. All salary shall be paid less appropriate deductions for employment taxes, income tax and other lawful withholdings. The City Manager shall not be entitled to overtime or compensatory benefits. Section 3. Duties and Obligations. A. The City Manager shall have the duties, responsibilities and powers of said office under the Charter and Ordinances of the City of Cape Canaveral, as may be amended. The City Manager agrees to perform all duties and responsibilities to the best of his ability and in a professional and competent manner. B. The City Manager shall remain in the exclusive employ of the City and shall devote all such time, attention, knowledge and skills necessary to faithfully perform his duties under this Agreement. The City Manager may, however, engage in educational and professional activities and other employment activities upon receipt of prior approval by the City Council, provided that such activities shall not interfere with his primary obligation to the City as its City Manager and are not a prohibitive activity under the Code of Ethics For Public Officers and Employees (section 112.311, et. seq., Florida Statutes). C. For temporary, brief absences of the City Manager including, but not limited to, vacations, common illness, and out-of-town seminars, the City Manager may temporarily appoint an Acting City Manager to serve in his absence by providing written notice to the City Council. Section 4. Automobile Allowance and Communications Equipment. The City Manager is required to be on call for twenty-four hour service. In recognition thereof. A. The City shall grant to the City Manager an automobile allowance of $350 per month, which shall reimburse the City Manager for his automobile expenses related to the purchase or lease, maintenance, and insurance of an automobile. The City agrees to reimburse the City Manager for mileage for travel outside of Brevard County associated with business of the City at the same rate as other City employees are reimbursed. Page 2 of 8 B. The City shall provide the City Manager with a BIackberry or similar device and pay all of the costs and expenses associated therewith in order to provide for his need to conduct City business while serving as City Manager. Section 5. Dues and Subscriptions. The City agrees to pay the City Manager's professional dues for membership in the International City/County Management Association, and the Florida City and County Management Association. The City shall pay other dues and subscriptions on behalf of the City Manager as are approved in the City's annual budget or as authorized separately by the City Council. Section 6. Professional Development. The City agrees to pay reasonable and customary travel and subsistence expenses for the City Manager's travel to and attendance at the International City/County Management Association's annual conference or the Florida City and County Management Association's annual conference and that of the Florida League of Cities. The City may choose to pay for the City Manager's attendance at other seminars, conferences, and committee meetings as it deems appropriate and as approved by Council action. Section 7. Vacation and Sick Leave. City Manager shall commence accrual of vacation and sick leave off at the rate of a general City employee with five years of service. Section S. Holidays. The City Manager is entitled to the same paid holidays as a general City employee. Section 9. Health, Dental, Vision and Life Insurance. The City agrees to provide health insurance, dental insurance, vision insurance and life insurance in the same manner as it does for its other City employees and employees' family members, except that health insurance shall commence upon date of employment. Should the City not be able to provide health insurance coverage immediately due to policy constraints, it will compensate the City Manager for the full cgst of his current coverage until he can be added to the City's policy. Page 3 of 8 Section 10. Retirement. The City agrees to pay, on an annual basis, an amount equal to seven percent of the City Manager's salary to a 40I (a) retirement plan in order to establish retirement benefits for the City Manager. Additionally, it shall match the City Manager's contribution by another three percent. Such payments shall be payable as required by the plan. The City Manager shall be vested as specified in the plan. Section 11. Job -Related Expenses. The City recognizes that certain expenses of a non -personal but job related nature are sometimes incurred by the City Manager, and agrees to reimburse or to pay said general expenses, provided said expenses are reasonable. The City Treasurer is authorized to disburse such moneys upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits. Section 12. Termination by the City and Severance Pay. A. The City Manager shall serve at the pleasure of the City Council, and the City Council may terminate this Agreement and the City Manager's employment with the City at any time, for any reason or for no reason. B. Should a majority of the entire Council (three members) vote to terminate the services of the City Manager "without cause," or the City Manager and City Council mutually agree to voluntarily terminate the services of the City Manager after a majority of the entire Council reaches a consensus or makes a suggestion of termination "without cause" at a Council meeting, the Council shall pay the City Manager a lump sum severance pay equal to six (6) months of his current base salary as full and complete payment and satisfaction of any claims that the City Manager may have against the City and its City Council, employees, and City Attorney of whatsoever nature arising out of this Agreement or otherwise arising from his employment with the City. The City Manager agrees that the City Council shall have the sole and absolute discretion to decide upon such termination under this paragraph. In the event of such termination, the City Manager waives all rights to contest or challenge the City Council's decision and will accept the payments provided in this paragraph in full satisfaction of the City's obligations under this Agreement and in full release of any and all claims that the City Manager has, or may have, against the City, and its City Council, employees, and City Attorney, both individually and in their official capacity, under this Agreement. Furthermore, as consideration for such payment, the City Manager and the City shall, execute and deliver to each other a reciprocal general release indemnifying and holding harmless each other for all acts and omissions related to the City Manager's employment with the City (whether accrued or subsequently accruing) from the beginning of time until the date of the release. The general release shall be prepared by the City Attorney and in a form agreeable to the City and City Manager, and the indemnity to the City shall include not only the City, but the City's council members, employees, and attorneys in their official and individual capacities. The City Manager Page 4of8 and the City shall not unreasonably withhold approval and execution of the general release. Payment of the severance pay shall not exceed six (6) months and shall be made within ten (10) calendar days of the City Manager and the City executing and delivering the general release to each other. In addition, City Manager shall be entitled to any accrued vacation and sick leave under the terms and conditions set forth in Section 7 of this Agreement. C. If the City Manager is terminated by the City Council because of. (1) conviction of a felony; (2) misfeasance, malfeasance, or neglect of duty; (3) intentional or reckless failure to carry out the duties assigned under the City Charter or state or federal statute; (4) conviction of a violation of the Florida Code of Ethics For Public Officers and Employees or any illegal act involving personal gain to him; (5) abandonment of the Office of City Manager when the City Manager is no longer performing the official duties of the city manager; or (6) permanent inability to perform his official duties as city manager, then the City Manager shall not be entitled to any severance pay. If City Council terminates the City Manager for cause pursuant to this subparagraph (C), the City Manager's sole legal or equitable remedies is an action in the court of appropriate jurisdiction and venue. If said court determines that the City Council did not properly terminate the City Manager for cause under this Agreement, the parties agree that such termination from employment shall be deemed a termination without cause, and the provisions of paragraph 12(B) shall apply in their entirety, and the court may grant such other relief deemed lawful and appropriate. D. In the event the Council, at any time during the employment term, reduces the salary or other benefits of the City Manager, as identified herein, in a greater percentage than an equivalent across-the-board reduction for all full-time City employees, or in the event the City allegedly refuses to comply with any other material provision of this Agreement benefiting the City Manager, the City Manager shall notify the Council in writing of the alleged violation. The Council shall have thirty (30) calendar days from such notice within which to cure the violation, otherwise, the City Manager may at his option, consider such violation as termination "without cause" as of the date of such alleged reduction or refusal, and the provisions of Section 12(B) shall apply in their entirety. E. In the event of the death of the City Manager during the tern of this Agreement, this Agreement shall automatically terminate and the City shall pay to his surviving spouse, if any, or if the City Manager does not have a surviving spouse, to the estate of the City Manager, an amount equal to the portion of the City Manager's salary to which he was entitled through the date of this death, plus accrued sick and vacation time pursuant to Section 7 of this Agreement and any other applicable death benefits provided to other employees of the City. Section 13. Termination by the City Manager. The City Manager may terminate this Agreement at any time by delivering to the City Council a written notice of termination not later than thirty calendar (30) days prior to the effective date of the termination. If the City Manager terminates this Agreement, then the provisions of Section 12 (B) above, shall not apply. If the City Manager voluntarily resigns pursuant to this Section, the City shall pay to the City Manager all accrued salary due the City Page 5 of 8 Manager up to the City Manager's final day of employment, including all accrued vacation and sick leave pursuant to Section 7 of this Agreement, as would be paid to any other City employee upon termination. The City shall have no further financial obligation to Employee pursuant to this Agreement. This subsection shall not prevent the City Manager from collecting any vested money earned as a result of participation in any retirement plan established for the City Manager as contemplated in Section 10 of this Agreement. Section 14. Residency and Relocation Expenses. A. The City Manager agrees to establish residency within the Cape Canaveral area which includes but is not limited to Merritt Island and an area within twenty (20) miles of the corporate limits of the City as soon as reasonably practicable after commencing employment with the City. B. The City agrees to pay the City Manager up to Five Thousand and No/100 Dollars ($5,000) to reimburse the reasonable and necessary moving costs associated with the relocation of himself and his family to the area described in Section 14 (A) above. Said moving costs shall include, but not be limited to, packing the entire contents of all items of personal property in the City Manager's current residence in Winter Haven, Florida. In that regard the City Manager shall obtain three (3) quotes from reputable moving companies and select the lowest responsive bid. Section 15. Indemnification. The City shall defend, indemnify and hold the City Manager harmless against any and all civil claims, demands, actions, suits, expenses and losses, including reasonable attorney's fees, arising out of the action or omission of the City Manager within the scope of his duties as city manager, except for acts or omissions exhibiting wanton or willful disregard of human rights, safety, or property or outside the scope of the City Manager's employment or willful misconduct of the City Manager ("Covered Loss"). Further, this covenant shall only apply to claims for punitive damages where such claims arose out of the good faith performance of the City Manager's duties; otherwise, this covenant shall not apply to claims for punitive damages. The City may, at the City Manager's option, provide for legal representation of the City Manager through the City Attorney or outside counsel of its choice or may choose to reimburse the City Manager for legal fees incurred as a result of a Covered Loss. The City will have the authority to compromise and settle any such claim or suit within the scope of the City Manager's employment and pay the amount of any settlement or judgment rendered thereon. To the maximum extent permitted by law, the City and the City Manager shall rely upon the doctrine of sovereign immunity and the provisions of section 768.28, Florida Statutes, and other applicable Iaw. In addition, the City also agrees to reimburse the City Manager for reasonable attorneys' fees and court costs incurred by the City Manager in successfully defending himself against any Page 6 of 8 criminal prosecution filed against him where the conduct complained of arises out of or in connection with the performance of his official duties while serving a public purpose. Section 16. Bonding. The City agrees to bear the full cost of any fidelity or other bonds required of the City Manager under any policy, regulation, ordinance or law. Section 17. General Terms and Conditions. A. If any provision, or any portion thereof, contained in this Agreement is held by a court of competent jurisdiction to be unconstitutional, illegal, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall not be affected and shall remain in full force and effect. B. The waiver by either party of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach by that party. C. This Agreement shall be binding upon and inure to the benefit of the heirs at law or personal representative of the City Manager. D. This Agreement contains the entire Agreement of the parties. It may not be changed verbally, but only by an Agreement in writing signed by the parties. E. Florida law shall govern this Agreement and any litigation that may arise from this Agreement, shall be filed and litigated in Brevard County, Florida for any ,State action, or Orlando, Florida for any Federal action F. Upon City Manager's death, the City's obligations under this Agreement shall terminate except for: 1. Transfer of ownership of retirement funds, if any, to his designated beneficiaries; 2. Payment of all accrued leave balances and salary in accordance with this Agreement; 3. Payment of all outstanding hospitalization, medical and dental bills in accordance with City's insurance policies or plans; and 4. Payment of all life insurance benefits in accordance with the City's insurance policies or plans. G. The parties acknowledge that each has shared equally in the drafting and preparation of this Agreement and, accordingly, no court construing this Agreement shall construe it more strictly against one party than the other and every covenant, term and provision of this Agreement shall be construed simply according to its fair meaning. Page 7 of 8 H. This Agreement may be executed in duplicate or counterparts, each of which shall be deemed an original and all of which together shall be deemed one and the same instrument. No term, condition or covenant of this Agreement shall be binding on either party until both parties have signed it. 1. The effective date of this Agreement shall be retroactive to June 1, 2010 upon execution of this Agreement by the parties. Executed by the CITY this ! day of Va&,.e , 2010. City of Cape Canaveral By: Rocky Randels, Ma or ATTEST: Ange& Apperson, ity Clerk Executed by the CITY MANAGER this aday of rwN f- , 2010 Wrtne ses: Print Name: (.4t- Print Name: 17'),4��"1f CJ a,.:� r-1 ^AZ - David Greene, City Manager Page 8 of 8 City of Cape Canaveral, Florida City Council Regular Meeting November 4, 2010 Page 3 of 6 3. Approve non-resident court fees and revised rental rates for Manatee Park, due to state grant funding guidelines. The non-resident rates for court usage were approved by the Recreation Board at its May 25, 2010 meeting: 4. Change Order #3: Approve Funds in the Amount of $69,215.05 to Brewer Paving and Development to Extend the Ridgewood Avenue Improvements Project Northward to Ocean Oaks Condominium and Approve Funds to Stottler_Stagg & Associates (SSA) -in the Amount of $1,699.00 to Prepare Engineering/Construction Drawings: S. Ratify City Manager Performance Evaluation: A motion was made by Ms. Roberts, seconded by Mr. Petsos, to approve Consent Agenda. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. ORDINANCES: Second Public Hearing_: 6. Motion to Adopt: Ordinance No. 15-2010, adopting the amendments to the Annual General Fund Sewer Enterprise Fund Stormwater Utility Fund Special Revenue Funds, and Expendable Trust Funds Budgets for the Fiscal Year beginning October 1, 2009, and ending September 30, 2010; providing for an _Effective Date: Attorney Garganese read the title of the Ordinance into the record. Mayor Randels explained the Ordinance updates the final changes to the Prior Fiscal Year Budget. A motion was made by Mr. Petsos, seconded by Mr. Hoog, for approval at second reading. The public hearing was opened. No comments were made and the public hearing was closed. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. 7. Motion to Adopt: Ordinance No. 16-1010, amending Chapter 74, Traffic and Vehicles, of the Cape Canaveral Code of Ordinances to expressly prohibit the stopping, standing or parking of vehicles on any portion of a right-of-way, whether improved or unimproved; providing for the repeal of prior inconsistent Ordinances and Resolutions; incorporation into the Code; Severability; and an Effective. Date: Attorney Garganese read the title of the Ordinance into the record. He explained its intent and the areas that are exempt from it. The public hearing and discussion ensued and included whether the Ordinance applies to service vehicles that are visiting to complete some type of maintenance at the property and whether it needs to be amended to clarify this; that some individuals are placing their garbage cans and recycling containers on the sidewalks and the pedestrian facility and the suggestion this needs to be addressed also, possibly with education of residents; what will be done for visitors to the residences where there is no room to park in the driveway; the need to send a new letter to Mr. Petre to withdraw the prior letter which indicated he was allowed to park in the right-of-way between the curb and the pedestrian facility; whether a study was done of the areas outside of Ridgewood Avenue; and that this Ordinance is meant to address Attachment 3 Possible Schedule(s) for Next Review Review at the 5/17/2011 Regular Council Meeting: • Council would receive review forms by 412212011. • Council would return completed review forms to the City Clerk by 5/4/2011 • City Clerk would compile results between 5/5/2011 and 5/9/2011 for inclusion in the Agenda Packet distributed on 511012011. • Ratify results/discuss increase at the 5/17/2011 Council Meeting Review at the 6/21/2011 Regular Council Meeting: • Council would receive review forms by 512412011. • Council would return completed review forms to the City Clerk by 6/7/2011 • City Clerk would compile results between 6/8/2011 and 6/13/2011 for inclusion in the Agenda Packet distributed on 6/1412011. • Ratify results/discuss increase at the 6/21/2011 Council Meeting Review at the 7/19/2011 Regular Council Meeting: • Council would receive review forms by 612112011. • Council would return completed review forms to the City Clerk by 7/5/2011 City Clerk would compile results between 7/6/2011 and 7/11/2011 for inclusion in the Agenda Packet distributed on 7/12/2011. • Ratify results/discuss increase at the 7/19/2011 Council Meeting City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 4/19/2011 Item No. /.a Subject: Discussion Sidewalk Status - Harbor Heights Subdivision Department: Community Development Summary: Councilmember Morgan requested a Discussion Agenda Item related to sidewalks in the Harbor Heights Subdivision. The City Manager and Building Official compiled the attached data. In 1997, the City Council approved an Ordinance requiring sidewalks be completed prior to the issuance of a C.O. Most of Harbor Heights was already developed by that time. The attached Address Map indicates that a handful of homes have been constructed since the Ordinance was adopted. Consequently, while there are a few sidewalks in Harbor Heights, the majority of the developed lots do not have a sidewalk. In 2003, the City approved Ordinance No. 08-2003 authorizing City - funded construction of sidewalks and the ability to recoup expenses through Impact Fees. The cost to construct/complete a 4 ft. wide continuous sidewalk on both sides of the street within Harbor Heights is approximately $153,750. This is based upon approximately 10,677 linear feet or 42,708 sq. ft. at $3.60 per sq. ft. Submitting Department Director: Todd Morle Date: 411111 Attachment(s): Address Map of Harbor Heights, Aerial Photograph of Harbor Heights, Atlantic Development - current sidewalk pricing, Memo - calculation of costs, Ord. No. 13-97, Ord. No. 08-2003. Financial Impact: Approximately $153,750 Reviewed by City Treasurer: Andrea Bowers Date: 4 !r The City Manager recommends that City Counci take the following action(s): Discuss and provide direction to Staff. Approved by City Manager: David L. Greene C) -V i Date: 41/S f !1 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications ] Tabled to Time Certain VNIfnI r tai [�1 0 w Ch ,r c r� t N k ^r tr " M ;1 - mco w j- Y ZV ti ~� ,.i °) 'O 52 N M 7 0 5- M ^:J in mom,, M i1 s) � J M VNIfnI r tai [�1 0 w Ch CA Cj J iL I I c tr " M 0. - mco w j- Y ,.i A N M 7 i1 M 4 CA Cj J iL I I F R�A 1 0 w , 41� 9 fC.-- CSoqutna ;r 1+ � r: r 1 43 1 a - T- ATLANTIC DEVELOPMENT OF COCOA INC. 2185 WEST KING STREET COCOA, PL 32926 PHONE: (321)639-8788 * FAX: (321)639-0936 April 1, 2011 City of Cape Canaveral Public Works Department 601 Thurm Blvd Cape Canaveral, Fl Attn: Jeff Ratliff RE: New Sidewalks and Sidewalk Replacement Jeff, We are pleased to provide a quote to furnish all labor, material and supervision to perform the following task: Strip existing grass where new sidewalk is to be installed. Form and pour new sidewalk with 3000 psi concrete with fiber mix. If trees or heavy clearing is required, it will be priced per job. Grade and sod to match existing Square foot price for new sidewalks $0.35 per s/f $3.25 per s/f Saw cut and remove damaged or broken sidewalks in various locations in City with a minimum of 450 square feet at a time. This helps keep cost down due to concrete companies charging for what's called a short load charge. Square foot price for sidewalk replacement $4.25 per s/f If you have any questions please contact me. Respectfully, Moore Memo Date: April 1, 2011 To: City Council, via David Greene, City Manager From: Todd Morley, Building Official RE: Calculation of costs using current sidewalk pricing — undeveloped sidewalks in Harbor Heights Measurement of Total Lineal Footage: Using the GIS measurement tool on Google Earth, staff was able to estimate that there are approximately 10,677 linear feet of undeveloped sidewalk in Harbor Heights (just over two miles). This measurement takes into account a deduction for existing sidewalks, driveways and road crossings. Should one wish to consider the measurement of only the outer perimeter or only the inner perimeter, the measurement can be approximated by halving this number (5,3391.f.) Required width of sidewalk: Per Sec. 98-92(t): Sidewalks shall be constructed as follows: (1) Residential areas shall have a sidewalk no less than four feet wide. Area calculation: 10,677 ft. x 4 ft. = 42,708 sq. ft. Cost calculation: 3.60 per sq. ft. x 42,708 sq. ft. _ $153,748.80 (Halved = $76,874.40) ORDINANCE NO. 13-97 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 98-92, STREETS, AND SECTION 110-475, SIDEWALKS REQUIRED, OF THE CODE OF CAPE CANAVERAL, FLORIDA, PROVIDING FOR THE USE OF FIBERM[ESH IN SOME SIDEWALK AND DRIVEWAY CONSTRUCTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. Subparagraph (3) of paragraph (t) of Section 98-92, Streets, is hereby deleted in its entirety, and the following is adopted in lieu thereof: (t) All sidewalks shall be a minimum of 3 '/z inches thick, 2500 psi concrete, reinforced with six by six # ten welded wire mesh or with polypropylene fibers ("Fiberniesh"), with expansion joints at 30 - foot intervals and construction joints at five foot intervals. SECTION 2. Paragraph (u) of Section 98-92, Streets, is hereby deleted in its entirety, and the following is adopted in lieu thereof (u) Driveway apron shall be a minimum of six inches thick, 2504 psi concrete, with six by six # ten, welded wire mesh. Driveways shall be a minimum of 3 1/ inches thick, 2500 psi concrete, with a six by six # ten welded wire mesh or with polypropylene fibers ("Fibermesh"). SECTION 3. Paragraph (e) of Section 110-475, Sidewalks Required, is hereby deleted in its entirety, and the following is adopted in lieu thereof: (e) Construction of sidewalks shall be completed prior to the issuance of the certificate of occupancy or final inspection. Costs of constriction shall be borne by the property owner. The construction of the sidewalk shall be in accordance with the provisions of Section 98-92(t) of the Code of Ordinances of the City. SECTION 4. SEVERABILITY. If any section, paragraph, phrase, or word of this City of Cape Canaveral Ordinance No. 13-97 Page 2 portions hereof; and it shall be construed to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part. SECTION 5. CONFLICTING PROVISIONS. Any ordinance or resolution or parts of an ordinance or resolution, in conflict herewith are repealed. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council ofthe City of Cape Canaveral, Florida, this 21tday of October. 1997. ATTEST: ii Sandri O. Sims, CITY CLERK Copies: P&Z Board Building Official C3:1CityClklotdinan=%Sidewalks.doc K. Porter FOR AGAINST Motion: Petsos Second: Randels Burt Bruns Tony Hernandez X Buzz Petsos X John Porter X Rocky Randels X Posted: October 9, 1997 Publish: October 10, 1997 First Reading. October 7, 1997 Second Reading,. October 21, 1997 ORDINANCE NO. 08-2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, RELATING TO SIDEWALK CONSTRUCTION; AMENDING SECTION 110-475 OF THE CAPE CANAVERAL CODE TO INCLUDE PROVISIONS FOR THE CITY TO ADVANCE FUNDS AND CONSTRUCT REQUIRED SIDEWALKS WITHIN THE CITY AND THEN IMPOSE A SIDEWALK IMPACT FEE UPON NEW DEVELOPMENTABUTTINGTHE SIDEWALK; PROVIDING FOR A METHOD FOR CALCULATING THE EWPACT FEE AND APPORTIONING THE COST OF SIDEWALK CONSTRUCTION TO PROPERTY OWNERS RECEIVING THE BENEFIT OF THE SIDEWALK; PROVIDING FOR SEVERABILITY, REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, AND AN EFFECTIVE DATE. WHEREAS, Section 110-475, Cape Canaveral Code, currently provides that sidewalks shall be required in conjunction with the construction of any building or development abutting any paved street within the City; and WHEREAS, the City of Cape Canaveral has exclusive control of City streets and sidewalks and has the discretion under the Florida Municipal Home Rule Powers Act to say when and where sidewalks shall be constructed in front of abutting property. § 37.18, McQuillin on Municipal Corporations; and WHEREAS, the City also has the police power to order abutting landowners to construct a sidewalk; and WHEREAS, the City also has the power to recover the cost of constructing sidewalks from abutting property owners that accrue a benefit from the sidewalk. See, e.g., Chapter 170, Florida Statutes, and WHEREAS, the City Council of the City of Cape Canaveral finds that development of all kinds has an impact and burden on pedestrian travel throughout the City and that sidewalks are instrumental in protecting pedestrians and providing ingress and egress to development; and WHEREAS, Section 163.3 202(3), Florida Statutes, encourages the use of innovative land development regulations which include provisions such as "impact fees"; and City of Cape Canaveral V„ nA_Innz WHEREAS, the City Council also finds that the fees required by this ordinance are necessary to rnitigate impacts reasonably attributable to development; and WHEREAS, new land development activity generates pedestrian traffic within the City and it is reasonable for the City to require new development to pay a fair share of the cost of expanding new sidewalks attributable to new development; and WHEREAS, the City Council of Cape Canaveral also recognized that the Florida Legislature has mandated that local government plan comprehensively for future growth and that this regulatory ordinance is consistent with that mandate. See e.g., Ch. 163, Fla. Stat.; and WHEREAS, the City Council ofthe City of Cape Canaveral hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens and property owners of Cape Canaveral. NOW, THEREFORE, be it enacted by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Incorporation of Recitals. The foregoing recitals are deemed to be true and correct and are hereby fully incorporated herein by this reference. Section 2. Code Amendment. Section 110-475, Sidewalks Required, Cape Canaveral Code, is hereby amended as follows: underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Section 110-475. It is intended that the text in Section 110-475 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Sec. 110-475 Sidewalks required Prior to the issuance of a certificate of occupancy or final inspection for new development or redevelopment, the City ma,Y at its discretion and expense „cause the construction of the sidewalk as would otherwise be required by this section and under the following conditions: (D Prior to the commencement of construction, the City shall provide all owners of real prop= abutting the pLoposed sidewalk with thirty 30 days written notice of the Cit s intent to construct the sidewalk and to impose a future impact fee on the property owners for the costs of the sidewalk._ Said notice_shall provide a general description of the project, an estimated cost, and the date, time, and place of the „City . Council meeting at which the proposed project will be authorized. At the meeting, affected property owners will be allowed an opportunity to be heard. City of Cape Canaveral Ordinance No. 08-2003 Page 2 of 4 a) Upon completion of the sidewalk by the City. the City Manager shall certify in writing r to the Ci Council at a pjLblic meeting the cost of constructing the sidewalk. The certification shall proportionately allocate the cost of construction to each narcel(ss) of real property that has received a special benefit from the sidewalk. At least fifteen (15) dy_sprior notice of the certification hearing shall be provided to those property owners that may be imposed an impact_ fee. At the hearing, affected properly owners will be allowed an oppartunitx to be heard. (D The City Council shall approve the certification by resolution_ The certified amount shall constitute a sidewalk impact fee for each proRgm. The resolution shall be duly recorded in the public records of Brevard County, Florida, and shall run with the land. JAI The sidewalk impact fee shall be paid by the12ropM owner prior to, a certificate of occupgM or final inspection being issued by the City for the property. M Prior toVayment ofthe sidewalk impact fee, the property owner M Retition the C Council for a waiver or reduction of the sidewalk impact fee. The amount of any reduction or waiver shall be based on the costs incurred by the proppM owner to re lace or modifythe sidewalk caused by_implementing a site plan approved by the Citx. The property owner shall be responsible for repairing, at the owner's expense, any sidewalk which „is damaged by construction activities occurring on the propgn. In the event the proppa owner fails to 12gy the sidewalk impact fee ursuant to this section, the Qty shall have the rihyt to withhold any certificate of occupancy or final inspection for the RLopLM. The Qb shall also have the rigig to collect the sidewalk -impact fee in My manner provided by law and to IeU interest at a maximum rate allowed by law and penaltiesnot to exceed twenty-five percent on past due amounts. Section 3. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Incorporation into Code. This ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing, City of Cape Canaveral Ordinance No. 08-2003 Page 3 of 4 Section b. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Gape Canaveral, Florida, this 18th day of March, 2003. �DL Rocky Randeis, yor ATTEST: For Against Bob Hoog Second Jim Morgan Absent Buzz Petsos Motion Susan S ls, City_ Clerk Rocky Randels X Richard Treverton X First Reading: 3/4/03 Legal Ad published: 3/8/03 Second Reading: 3/18/03 Approv to legal form and sufficiency for the o e averal only: Anthony A. Garganese, City Attorney FAD— City of Cape Cana MM\Or&na=esVid-walk ns.n..aent wpa City of Cape Canaveral 0rriinanr.P Nn OR_90 1't