HomeMy WebLinkAboutPacket 05-19-2009 RegularCity of Cape Canaveral
AGENDA
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PRESENTATION:
7.•00 p.m, — 7:15 p.m.
Port Canaveral Activities and News — Malcolm McLouth, Commissioner
REPORTS:
7:15 p.m. — 7:30 p.m.
City Manager
Staff
Business & Cultural Development Board Report
AUDIENCE TO BE HEARD:
7:30 p.m. — 7:45 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 under 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.
CONSENT AGENDA:
7:45 p.m. — 8:00 p.m.
Motion to Approve: Resolution No. 2009-15, Appointing Two Regular Members to
the Business & Cultural Development Board, J. Craig and P. Pritchard.
105 Polk Avenue • Posc Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248
www rnyflorida.co n/cape • e-mail: cc2pec2naveral@c0.rr.com
Co
i, y' of Cape Canaveral, Florida
City Council Regular Meeting Agenda
May 19, 2009
Page 2 of 2
2. Motion to Approve: Resolution No. 2009-16, Appointing an Altemate Member as a
Regular Member and a Second Alternate Member as a First Altemate Member to
the Code Enforcement Board, L. Mars and R. Lotspeich.
3. Motion to Approve: Proclamation in Honor of Management Week; June 1 through
June 6, 2009.
4. Motion to Approve: Outdoor Entertainment Permit for the Advisory Board
Recognition Dinner at Manatee Paris, Saturday, May 30, 2009.
CONSIDERATIONS:
8:00 p.m. — 9:15 p.m.
5. Motion to Approve: CAFR Presentation for the Fiscal Year 2007/08.
6. Motion to Approve: RFP 01-2009, Garbage and Recycling Collection Services.
7. Motion to Approve: Oral History Project Change Order in the Amount of $12,000.
ORDINANCE: First Public Hearina:
9:15 p. m. — 9:30 p. m.
8. Motion to Approve: Ordinance No. 06-2009; Economic Development Ad Valorem
Tax Exemption.
REPORTS:
9:30 p. m. — 10:00 p. m.
9. Council
ADJOURNMENT:
Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If
a person decides to appeal any decision made by the City Council with respect to any
matter considered at this meeting, that person will need a record of the proceedings, and
for such purpose that person may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based. This notice does not constitute consent by the City for the
introduction or admission into evidence of otherwise inadmissible or irrelevant evidence,
nor does it authorise 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: MAY 19, 2009
Subject: Resolution No. 2009-15 appointing Regular Members to the
Business & Cultural Development Board
Department: Legislative
Summary:
Terms will expire on 06/01/2012.
u
Requested Council Action:
City Council consider the adoption of Resolution No. 2009-15, appointing John W. Craig
and Paul Pritchard as Regular Members of the Business & Cultural Development Board.
Financial Impact:
N/A
Attachments: xo Supporting Documents Reviewed
Resolution No. 2009-15
Submitting Department Head: Date:
Approved by City Manager: -` Date:
City Council Action: ... ppr. _.
Dyed as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
cape-ntUrim\mydocuments�admin\counciKmeeting\2009\05-19-09\2009-15 doc
RESOLUTION NO. 2009-15
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; APPOINTING TWO REGULAR MEMBERS TO THE
BUSINESS AND CULTURAL DEVELOPMENT 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
established by Code Section 22-27, the Business and Cultural Development Board; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape
Canaveral to appoint Regular Members to said Board.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. John W. Craig and Paul Pritchard are hereby appointed as Regular
Members of the Business & Cultural Development Board of the City of Cape Canaveral,
Florida, with terms to expire on June 1, 2012.
SECTION 2. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 19t' day
of May, 2009.
ATTEST:
Rocky Randels, Mayor
Name For Against
Susan Stills, City Clerk Robert Hoog
Buzz Petsos
Rocky Randels
Approved as to Form: Shannon Roberts
Betty Walsh
Anthony A. Garganese, City Attorney
May 1, 2009
Darrell Peterson
703 Solana Shores Drive, #202
Cape Canaveral, FL 32920
Dear Mr. Peterson:
Your term on the Business and Cultural Development Board expires on
June 1, 2009. Please check the box that indicates your desire to continue to
serve on the Board for another three-year term and return this notice to your
Board secretary or the City Clerk. The resolution to re -appoint Board members is
scheduled to appear on the City Council Agenda of Tuesday, May 19, 2009.
Thank you.
O 1 DO wish to be considered for reappointment.
Y"IDO NOT wish to be considered for reappointment.
(Signature)
Darrell Peterson,
Business & Cultural Development Board Member
Sincerely,
Susan Stills, CMC
CITY CLERK
105 Polk Avenue — P.O. Box 326 -- Cape Canaveral, FL 32920
Telephone (321) 868-1221 — Fax (321) 799-3170 — www,myflorida.com/caae
e-mail: ccapecanaveral@cR.rr.com
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: MAY 19, 2009
Subject: Resolution No. 2009-16 appointing an Alternate Member as a Regular
Member and a Second Alternate Member as a First Alternate Member to
the Code Enforcement Board
Department: Legislative
Summary:
Terms will expire on 10/01/2009 and 10/01/2011.
Requested Council Action:
City Council consider the adoption of Resolution No. 2009-16, appointing Lynn Mars as
a Regular Member and Ralph S. Lotspeich. Jr, as a First Alternate Member of the Code
Enforcement Board.
r
i
Financial Impact:
N/A
Attachments: xo Supporting Documents Reviewed
Resolution No. 2009-16
I
... _.........
Submitting Department Head: Date:
Approved by City Manager: Date:
._ m._. ...
_.
City Council Action:. [ ] A e as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
cape- n t1k im\myd ocume nt §lad m i nlcou nci Rmeet i ng\2009105-19-09\2009-16. d oc
RESOLUTION NO. 2009-16
A RESOLUTION APPOINTING AN ALTERNATE MEMBER AS A
REGULAR MEMBER AND APPOINTING A SECOND
ALTERNATE MEMBER TO FIRST ALTERNATE MEMBER OF
THE CODE ENFORCEMENT 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 2-256 created a Board known as the Code Enforcement Board of the City of Cape
Canaveral, Florida; and
WHEREAS, it is now incumbent upon the City of Cape Canaveral City Council to
appoint an Alternate Member as a Regular Member to said Board and appoint a Second
Alternate Member as 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. Lynn Mars is hereby appointed as a Regular Member of the Code
Enforcement Board of the City of Cape Canaveral, Florida, with a term to expire on October 1,
2009.
SECTION 2. Ralph S. Lotsoeich, Jr. is hereby appointed as a First Alternate Member
of the Code Enforcement Board of the City of Cape Canaveral, Florida, with a term to expire on
October 1, 2011.
SECTION 3. This Resolution shall take effect immediately upon its adoption.
Resolution No, 2009-16
Page 2 of 2
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 19th day of
May, 2009,
ATTEST:
Rocky Randels, Mayor
Name For Against
Susan Stills, City Clerk Robert Hoog
Buzz Petsos
Rocky Randels
Shannon Roberts
Betty Walsh
Approved as to Form:
Anthony A. Garganese, City Attorney
WHEREAS, the National Management Association is a professional, not for profit
organization dedicated to develop management through education and fellowship of
almost 21,000 members; and
WHEREAS, the members of this association in the state of Florida desire to
perform a public service by officially recognizing management as a profession, and
WHEREAS, during June 1 - 6, 2009, Florida's 8 chapters with over 1,500
members will join management in our society and encourage the promotion of our
American competitive enterprise system.
NOW, THEREFORE, I, Rocky Randels, by virtue of the authotity vested in
me as Mayor, of the City of Cape Canaveral, Brevard County, Florida do hereby
proclaim June 1 - 6, 2009
MANAGEMENT WEEK
in the City of Cape Canaveral and urge all concerned residents, industries, businesses
and professional bodies to actively and appropriately participate in its observance.
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: MAY 19, 2009
Subject: Consent: Outdoor Entertainment Permit for the Advisory Board
Recognition Dinner at Manatee Sanctuary Park, Saturday, May
30, 2009, 5 pm to 8 pm
Department: Parks & Recreation
...............................................................................................................
Summary:
City Council consider the approval of an outdoor entertainment permit for the Advisory
Board Recognition Dinner at Manatee Sanctuary Park on May 30th as requested by the
parks & recreation director.
Requested Council Action:
See attached memo and permit application.
recommend approval
Financial Impact:
$ 1,279.00
Attachments: x Supporting Documents Reviewed
Submitting Department ad: Date:
Approved by City Manager: Date:<7
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
( ] Tabled to Time Certain
cpe-ntVcimlmydocumentsladminlcouncillmeeting\2009105-i 9-091dinnerpermit.doc
Memo
TO: Mayor Randels & City Council Members
From: Robert Lefever, Parks & Recreation Director
CCs Bennett Boucher, City Manager
Dates May 7, 2009
Re: Advisory Board Dinner
Mayor Randels,
The City of Cape Canaveral will be hosting its' annual Advisory Board
Recognition Dinner on Saturday, May 30, 2009 from 5:00 pm to 8:00 pm at
Manatee Park. I have attached an Outdoor Entertainment Permit for your
approval.
Trevor's Blue Toucan will be catering an island style picnic including a cash
bar. Dessert will be provided by the American European Bakery, D.J. music
will be provided by Celebrations D.J.'s. We are also planning a raffle.
We are requesting that any & all fees be waived.
Thanks,
Robert Lefever
Revised 03-22-07
CITY OF CAPE CA,NAVERAL, FLORIDA
APPLICATION FOR SPECIAL ODTDOOR ENTERTAINMENT PERMIT
Dale:__y��/
The applicant or representative agrees to be on site at all tinges empowered with authority over all aspects
of (lie event and empowered to act for the applicant.
Name of Applicant ,oma Lt° �+� Title: xoecle ti//O/i
Firnt:
/Y 0 1e 1,4a1,7Q /
Address:7 % /' 7/2'7 f / G /���. 4q ee
E -Mail:
Teleplione: �.�� �66 - �� // FAX:
Local Contact: as GtbOdt! Title:
Local Address (if different from above
Type of Event: d/�a/
ate, 'e'
Will Alcoholic Beverages Be Served on the Premises? YES NO
Event Date(s) in Cape Canaveral: LfaL," /my Jef '4$dGq
Location(s): Date(s)
/Add lee fart s/e�
Attach ntap(s) indicating event area and designated parking areas.
OTraffic Control
❑Street Closing
00ther
❑Use of PoIice/Fire Rescue Equipment
❑Vehicles/Equipment on Beach
j ❑Vehicle/ Parking on City Property
Specify:_.44 LT /f%V /C/ Odd 6afh
Time
If applicant wishes to erect tents or other temporary structures in conjunction with the event, a building
permit application must also be submitted along with all pertinent information relating to the temporary
structures and their proposed location. Submittal of the building permit application will occur AFTER City
Council has approved the Outdoor Entertainment Permit.
By signing this application, the applicant acknowledges and agrees to the following provisions:
Devised 03-22-07
INSURANCE
A written public liability insurance policy insuring the person staging, promoting or conducting the outdoor
entertainment event against any and all claims and demands made by any person for injuries received in connection
with the staging, promoting, conducting or attendance of or at the outdoor entertainment event, written within limits
of not fess than $300,000.00 damage or injury to any one person for bodily injury or otherwise, plus $25,000.00
damage to property, and for not less than $500,000.00 for damages incurred or c)aimed by more than one person for
bodily injury or otherwise, plus $50,000.00 for damages to property. The original or duplicate of such policy shall
be attached to the application for a special outdoor entertainment permit, together with adequate evidence that the
premiums are paid.
Name of Insurance Co: a. moe,. or G'od� f1� Policy No:
Expiration Date: — I AQ/O
11. PROMOTIONAL AUTHORIZATION
Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation purposes
and other media related purposes.
M. EXPENSES/FEES
The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual rates and
any other permit fees that may be applicable to the particular production as required by the City of Cape Canaveral.
W. EXEMPTIONS
Non-profit organizations may seek a waiver of any of the outdoor entertainment code requirements if the sections
waived dealing with the health, safety and welfare of those in attendance, as well as the genera) public, have been
otherwise provided for as required by said code. List any exemptions you are seeking.
yes.
" Date v d 7
Applicant or Represed ative/Title
Approved by City of Cape Canaveral:
City Representative's Name:
Title:
Signa
Applicants shall keep a copy of this approved permit and attachments on the day of the event within the City of Cape
Canaveral.
For further information, please contact: City of Cape Canaveral
Bennett C. Boucher, City Manager
105 Polk Avenue
Cape Canaveral, FL 32920
Phone: (321) 868-1230
Fax: (321) 868-1224
Subject: CAFR presentation for the fiscal year 2007/08
Department: Finance
Summary:
The managing auditor, Yvonne Clayborne, from McGladrey & Pullen, will be at the
meeting along with Andrea Bowers, City Treasurer, to present the City's financial report
for FY 2007/08 to Council.
....................................................................................
Requested Council Action:
Approval of the Financial Report
1
Financial Impact:
None
Attachments: ❑ Supporting Documents Reviewed
CAFR distributed to Council on 5/1/09 for review.
Submitting Department Head: Andrea Dowers ..... ........ _. Date: 05/13/09
Approved by City Manager: Date:
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: MAY 19, 2009
Subject: Consideration: Approval of RFP 01-2009, Garbage and Recycling
Collection Services
Department: Administration/City Manager
........... ....... ....
__...
Summary:
See attached memo.
Mr. William Redman, Redman Consulting Group, Inc., has been retained to assist with
the bid process and will be in attendance to answer any questions you may have.
.......................
Requested Council Action:
City Council review, comment, and authorize bidding the garbage and recycling
collection services as outlined in RFP 01-2009.
Financial Impact:
To be determined when bids are received.
Attachments: x❑ Supporting Documents Reviewed
RFP 01-2009
Memo
Submitting Department Head: Date:
Approved by City Manager: Dater
City Council Action: [ ]'4;;cawedas dcommended [ ] Disapproved
[ ] Approved with Modifications
j ] Tabled to Time Certain
Cape-nt\kim\mydocuments\admin\Council neeting\2009\05-19-09\01-2009.doc
Memo
To: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
From: BENNETT BOUCHER, CITY MANAGER ,
Date: May 14, 2009
Re: RFP 01-2009, GARBAGE AND RECYCLE COLLECTION SERVICES
This Request for Proposal seeks to secure firm pricing of garbage and recyclable material collection
services for all residential and commercial customers, City owned facilities and City sponsored events.
It is the intent and purpose of this bid to assure the efficient, healthful and aesthetic operation of an
exclusive garbage and recyclable material collection service that is consistent with the terms and
conditions of this bid.
The existing garbage and recycle collection service franchise has a value of approximately $915,000
and expires on September 30, 2009.
Items of note within the bid document and draft franchise agreement include
1. Requires 50% performance bond of estimated contract for first year, can be reduced to no less
than 25% after the first year (page 3)
2. Provides for an initial seven (7) year term, with renewal options (page 4)
3. Green Local Government Program (page 24), Carts and bins to be made from recycled
content (page 19), Use of bio -fuels, minimum of 5% (page 27)
4. Requires new 2009 model trucks and equipment (page 30)
5. Provides for a 10% franchise fee on gross revenues (page 28); estimated City revenue
$91,500. This is a recommendation; Council can increase, decrease or eliminate this fee
6. Requires a web based customer service tracking system
7. Cost adjustments for unusual costs and/or a fuel adjustment per formula (page 33); a standard
CPI increase is not provided
8. Detailed schedule of liquidated damages (page 42)
9. Provides for residential base bid, existing level of service (page 25):
Garbage twice a week (2 carts)
Recycling once a week (2 carts)
Bulk items once a week
Yard waste once a week (2 carts and weekly clam truck)
Bid Altemate #1 — Same as base bid; recycling changed to once a week (cart)
Bid Altemate #2 — same as Bid Alternate #1, recycling changed to every other week (cart)
10. Due to the unstable recycled materials market, recommend Contractor keep all the proceeds
from the sale of recycled materials picked up within the City
11. Bid price sheets break out the fuel component; this establishes a benchmark for future fuel
adjustment, increase or decrease, of costs passed on to the customer
The bid documents included sections on General Terms and Conditions, Proposal Format, Evaluation
Criteria, Bidders Questionnaire Form and the draft franchise agreement marked as Exhibit "A".
I anticipate that the City will attract bidders that are willing to set up operations within Brevard County,
to serve our City.
The draft schedule has the bid announcement on May 26, 2009 with an estimated contract award date
of July 21, 2009.
Mr. Bill Redman of Redman Consulting and I will address this bid document on Tuesday night. Please
contact me with your questions or comments before the meeting so that we may have time to respond
in a timely manner without any delay on the proposed schedule.
0 Page 2
RFP -01-2009
Garbage and Recycle Collection Services
Date of Issue: May 26, 2009
MANDATORY Pre -Proposal Conference:
June 2, 2009 @ 10:00 a.m.
City Hall Annex
111 Polk Avenue
Cape Canaveral, FL 32920
Proposals Due:
June 26, 2009 by 3:00 p.m.
City Hall
Attn: City Clerk
105 Polk Avenue
Cape Canaveral, FL 32920
All responses must be date and time stamped in at the City Clerk's Office
by 3:00 p.m. on June 26, 2009 to be considered responsive.
Proposals received by the City Clerk after the aforementioned date/time shall be returned unopened.
RFP -01-2009
GARBAGE AND RECYCLE COLLECTION SERVICES
TABLE OF CONTENTS
PAGE
General Terms & Conditions
2-10
Evaluation Criteria
11
Bidder's Questionnaire Form
12
Organizational Information
13-18
RFP -01-2009, Attachment "A"
19-39
Exhibits
40
Exhibit I
City Solid Waste & Recycling (Free Services)
41
Exhibit II
Schedule of Administrative Charges
42-43
Exhibit III
Minimum Acceptable Single Stream Recycling Materials
44
Signature Sheet
45
Statement of No Bid
46
Drug Free Workplace Form
47
Non -Collusion Affidavit of Prime Respondent
48
Reference Listing Form
49
Sworn Statement Pursuant to Section 287.133(3)(A)
Florida Statutes on Public Entity Crime
50-51
General Terms & Conditions
Obtain Documents
Bidders may obtain one set of bidding document forms from:
Cape Canaveral City Hall
City Clerk's Office
105 Polk Avenue
Cape Canaveral, FL 32920
clerksofficecDctl.rr.com Phone: 321-868-1221
Documents are available for download at the City of Cape Canaveral's web site www.citvofcapecanaveral.orp
Pre -Proposal Conference
A MANDATORY Pre -Proposal Conference will be held in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida,
at 10:00 a.m. on June 2, 2009. The purpose of this Pre -Proposal Conference is to review the requirements and
specifications for the above. All interested parties are encouraged to attend this meeting.
Responses Due
Sealedproposals will be received by the City Clerk in City Hall, 105 Polk Avenue, Cape Canaveral, Florida 32920, until
3:00 p.m, on June 26, 2009. It is the bidder's responsibility to assure that your proposal is delivered at the proper time to
the City Clerk's Office. Proposals which for any reason are not so delivered will not be considered. All proposals received
after the date and time specified will not be accepted.
At 4:00 p.m., on June 26, 2009. All proposals will be publicly opened, read and acknowledged in Council Chambers
located in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida 32920. Pursuant to Florida Statute 119.071
(1)(b)1.a., sealed bids or proposals received by an agency pursuant to invitations to bid or requests for proposals are
exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the City provides notice of a
decision or within 10 days after bid or proposal opening, whichever is earlier.
Preparation of Proposals
Proposals shall be made on unaltered bid forms furnished by the City, unless otherwise requested within the specification.
Fill in all blank spaces and submit one (1) original clearly marked on the outside of the envelope — "ORIGINAL" and ( 5 }
copies, clearly marked on their envelopes — "COPY".
Proposals shall be signed in ink with the name of the bidder typed below the signature. Where the bidder is a corporation,
limited partnership, limited liability company, or other entity other than an individual, proposals must be signed by an
authorized representative of the entity in ink, in longhand (with the typed or printed name of the signer, as signed, below
the s-ignature) with the legal name of the entity followed by the name of the entity's state of incorporation or registration
and the legal signature of an officer authorized to bind the entity to a contract. A bidder may be requested to present
evidence of his, her, or its experience and qualifications and the entity's financial ability to carry out the terms of the
contract.
Proposal Submittal
Submit your response directly to the City Clerk's office in City Hall, in an opaque, sealed envelope. Identify
the envelope with the following information:
PROPOSALNAME
PROPOSAL NUMBER
PLACE AND TIME OF PUBLIC OPENING
NAME OF COMPANY/INDIVIDUAL SUBMITTING PROPOSAL
Submit proposal in accordance with the instructions listed herein regarding time, place and date required. Responses
received after the time requirement will NOT be opened and will NOT be considered for award. It is the sole responsibility
of the respondent to be sure his/her response is delivered directly to the City Clerk's office by the required time and date,
and that the response is properly sealed and labeled as required. The City will not be responsible for any proposal
delivered incorrectly or to the wrong address or location.
Basis of BidsIP posal-s
The words "BID and "PROPOSAL" shall be interpreted to have the same meaning for purposes of these specifications,
terms and conditions. Bidder will include all cost items; failure to comply may be cause for rejection. No segregated bids
or proposals, or assignments will be considered. It is the intent of the City to promote competitive bidding. It shall be the
responsibility of the bidder to advise the City Manager of any language, requirements, etc. or any combination thereof,
which the bidder feels may inadvertently restrict or limit the requirements stated in the specifications to a single vendor or
manufacturer. Such notification must be made in writing at least 6 -working days prior to opening date and time of the
bid/proposal.
Bid Surety
Each proposal must be accompanied by the bidder's money order, cashier's check, certified check or bid bond made
payable to the City of Cape Canaveral in the amount of 5% of the estimated annual contract amount. This amount will
serve as bid surety and will be forfeited to the City as liquidated damages in the event an award is made and the
necessary contract documents and bonds are not promptly and properly executed as required. All bid surety monies
submitted to the City will be held until the awarded contractor has submitted the proper paperwork. At such time as a
contract satisfactory to the City has been completed with a successful bidder, bid surety will be returned to the
unsuccessful bidders.
Bonds: Performance Bond
The successful bidder shall furnish and pay for bonds covering faithful performance of the contract and payment of all
obligations arising there under by delivering to the City a Performance Bond. The Performance Bond shall be furnished in
the amount equal to 50% of the total estimated annual contract price for the first year of service. The amount of the bond
shall be adjusted annually on October 1 s' of each year by the City Manager but no less than 25%. Bond shall be in such a
form as the City may prescribe and with a surety company acceptable to the City.
The Performance Bond will be required to be provided by the successful bidder prior to the commencement of work under
the terms and conditions of the Franchise Agreement. The bond must remain In effect for the entlre contract period.
All bonds (Bid Security and/or Performance) are to be issued from a company licensed to sell bonds in the State of Florida
and with a rating no less than A in the Best Key Rating Guide. The City has the right, but not the obligation, to verify that
these requirements are met. The Performance Bond must be delivered to the City on the specified date. Failure or
neglect to deliver said bonds as specified shall be considered as having abandoned the contract. Letters of Credit are not
acceptable in lieu of the required bonds. The Performance Bond must be effective from the beginning of the project until
the City, has acknowledged satisfactory performance. Please be advised that the surety or sureties must agree to adjust
the bonds to the contract price as it may be modified by approved change orders and will be deemed to legally and
conclusively waive notice of such change.
Bid Prices
The bidder warrants by virtue of bidding that the prices, terms and conditions quoted in this bid will be firm for a period of
ninety (90) days from the date of the bid opening unless otherwise specified by the bidder, and shall not be amended after
the date and time of the bid opening. Any attempt by a successful bidder to amend said bid prices except as otherwise
provided herein shall constitute a default.
Amounts specified herein are for fixed price work or products, including all prices for equipment, labor and materials
required to perform the work or deliver the product(s) specified herein. The bidder, having familiarized itself with the local
conditions, and conditions listed herein, proposes to furnish all labor, materials, equipment and other items, facilities and
services, without exception, for the proper execution and completion of the contract, and if awarded the contract, to
complete the required work or deliver the required product(s) as specified within the bid/proposal package and contract
document as part of this bid/proposal listed as Attachment "A" set forth by the City of Cape Canaveral.
Delivery
All prices shall be F.O.B. Destination, Cape Canaveral, Florida. Delivery date and warranties must be written out and
submitted with bids. We insist delivery dates, as specified, be met. There will be no additional charge for multiple delivery
locations.
Contract Term
The successful bidder will be required to enter into a Franchise Agreement with the City of Cape Canaveral ("Contract").
The Contract will set forth the actual terms and conditions of the services provided by the franchisee. The Contract shall
be subject to the City Council's approval and will also be adopted as a franchise by Ordinance of the City of Cape
Canaveral. The contract term shall be for seven (7) years unless otherwise negotiated and approved by the City Council.
The contract shall commence on the first day following the expiration of the City's current solid waste franchise agreement
on September 30, 2009. The contract may be extended for additional, multi year terms upon written mutual agreement.
The actual terms and conditions of the contract will be prepared by the City Attorney, but bidders are advised that the
terms and conditions will be substantially consistent with provisions set forth in RFP -01-2009 including, but not limited to,
the rates submitted by the successful bidder in the bid tabulation sheets and the attached draft franchise agreement.
Terms and conditions may also be added or modified during negotiations with the successful bidder. Further, the
Contract will be consistent with applicable local, state and federal laws.
Invoicing & Payment
Unless otherwise agreed to by the City, payment terms will be thirty (30) days net from receipt of invoice unless an
appropriate prompt payment discount is provided and accepted. Payment shall be made by the City only after the items
awarded to a vendor have been received, inspected and found to comply with award specifications, free of damage or
defect and properly invoiced, and the invoices are in all respects satisfactory to the City and appropriate for payment. All
invoices shall bear the purchase order number or RFP number. Payment for partial shipments may not be made unless
that is specified in the bid.
Taxes
The City is exempt from Federal Excise and Sales taxes. Tax exemption number: State #85-8012739654C-0
Mistakes
Bidders are expected to examine the specifications, delivery schedule, bid prices, extensions and all other instructions
provided herein. Failure to do so will be at the Bidder's risk. The City is not obligated to give successful bidder extra
payments for conditions which can be determined by examining the site and documents. In case of mistake in extended
price the unit price will govern and the bidder's total offer will be corrected accordingly.
Contract Award
The Contract will be awarded to the lowest responsible bidder. In determining the lowest responsible bidder, the City will
consider, in addition to price: (1) the ability, capacity and skill of the bidder to perform the contract; (2) whether the bidder
can perform the contract within the time specified; (3) the character, integrity, reputation, judgment, experience and
efficiency of the bidder; (4) the quality of performance of previous contracts by the bidder; (5) compliance by the bidder
with the requirements of the request for proposal; (6) previous and existing compliance by the bidder with laws and
ordinances relating to the contract; (7) the sufficiency of the financial resources of the bidder; (8) the quality, availability,
and adaptability of the supplies, services to the particular use required; (9) the ability of the bidder to perform any warranty
obligations called for by the contract; and (10) the number and scope of conditions attached to the proposal by the bidder.
Notwithstanding, the City Council reserves the right to reject any and all bids submitted to the City. The City also reserves
the right to waive any minor irregularity or discrepancy contained in any proposal if the City deems such waiver is in the
best interests of the public.
Modifications and Withdrawals
Bids/proposals cannot be modified after submitted to the City. Bidders may withdraw bids/proposals at any time before
the bid/proposal public opening. HOWEVER — NO BID MAY BE WITHDRAWN OR MODIFIED AFTER THE
BID/PROPOSAL PUBLIC O'P'ENING.
Disnualifications
The City of Cape Canaveral reserves the right to disqualify bids/proposals, before or after opening, upon evidence of
collusion with intent to defraud or other illegal practice upon the part of the bidder. (See Non -Collusion Affidavit form).
Bidder also warrants that no one was paid or promised a fee, commission, gift or any other consideration contingent upon
receipt of an award for the services or product(s) and/or supplies specified herein.
An ro ement
The resulting AGREEMENT or CONTRACT, which shall include these General and Special Conditions and all
Amendments or Addenda issued by the City, contains all the terms and conditions agreed upon by all parties. No other
agreements, oral or otherwise, regarding the subject matter of this AGREEMENT/CONTRACT shall be deemed to exist or
to bind either party hereto. All proposed changes must be submitted to the City in writing, and approved by the City
Council in writing prior to taking effect.
Additional Purchases by Other Public Agencies
The vendor, by submitting a bid, authorizes other public agencies to "piggy -back" or purchase commodities or services
being proposed in this bid solicitation at prices bid, unless otherwise noted on the bid sheet.
Use of Other Contracts
The City of Cape Canaveral reserves the right to utilize (including but not limited to "piggy -backing") any applicable State
of Florida contract, city or county governmental agencies contract or SICOP contract, if in the best interest of the City.
Public Entity Crimes
A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may
not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with
a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant
under a contract with any public entity, and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO, for a period of 36 months from the date of
being placed on the convicted vendor list.
In submitting a bid to the City of Cape Canaveral, the bidder offers and agrees that if the bid/proposal is acceptable, the
bidder will convey, sell, assign or transfer to the City of Cape Canaveral all rights, title and interest in and to all causes of
action it may now or hereafter acquire under the antitrust laws of the United States and the State of Florida for price fixing
relating to the particular commodities or services purchased or acquired by the City of Cape Canaveral. At the City of
Cape Canaveral's discretion, such assignment shall be made and become effective at the time the City tenders final
payment to bidder.
Insurance
A. COMPENSATION INSURANCE
The Contractor shall provide and maintain during the life of this contract, Workers' Compensation Insurance for all
of his employees, who are employed in connection with the work, and in case the work is sublet, the Contractor
shall require the subcontractor similarly to provide Workers' Compensation Insurance for all the latter's
employees, unless such employees are covered by the protection afforded by the Contractor. In case any class
of employees engaged in hazardous work under this contract are not protected under the Workers' Compensation
Statute, the Contractor shall provide and shall cause each subcontractor to provide adequate insurance coverage
for the workers compensation protection of his employees not under or otherwise protected.
B. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE
The Contractor shall provide and maintain during the life of this contract, at his own expense, such public liability
and property damage insurance, with the City of Cape Canaveral also being named as insured, as shall protect
him and any subcontractor performing work covered by this contract, from claims for property damage, which may
arise from operations under this contract, whether such operations be by himself or by a subcontractor, or anyone
directly employed by the Contractor or subcontractor, and the amount of such insurance shall be as follows:
COMMERCIAL GENERAL LIABILITY INSURANCE
Commercial General Liability Insurance, including coverage for operations. independent contractors,
products -completed operations, contractual, broad form property damage, and personal injury on an
"occurrence" basis insuring the Contractor and any other interests including, but not limited to, any
associated or subsidiary companies involved in the work.
Automobile Liability Insurance which shall insure claims for damages because of bodily injury or death of
any person or property damage arising out of the ownership, maintenance or use of any motor vehicle
used by the Contractor at the site of the project or in any way connected with the work which is the
subject of this agreement. The insurance shall include coverage for owned, hired, and non -owned
vehicles.
THE LIABILITY' INSURANCE SHALL NAME THE CITY AS AN ADDITIONAL INSURED.
The limit of liability shall be a combined single limit for bodily injury and property damage of no less than
$5,000,000. If insurance is provided with a general aggregate, then the aggregate shall be in an amount
of no less than $5,000,000.
C. PROOF OF INSURANCE
The Contractor shall furnish the City Treasurer, prior to the start of any operations under this contract, satisfactory
proof of carriage of the insurance required with an insurance company satisfactory and acceptable with the City.
No policy is acceptable to the City which can be canceled by the insurer in less than ten days after the insured
has received written notice of such cancellation provision of the policy. To be acceptable to the City, each
insurance certificate shall contain a clause substantially as follows:
"The policies referred to herein provide that they cannot be canceled by the insurer in less than thirty (30)
days after the insured has received written notice of such cancellation, and equal notification to The City
of Cape Canaveral.
Should the Contractor fail to provide such insurance, the City may secure the same, the cost of which shall be reimbursed
to the City by the Contractor or monies will be withheld from the monthly invoice to be paid to the Contractor.
Permits or Fees
In the event permits or fees are required from the City of Cape Canaveral within the scope of work in these specifications,
said fees will be waived for the City of Cape Canaveral, only. The successful bidder is still required to obtain the permits,
This in no way relieves the successful bidder from the financial responsibilities or other requirements imposed by
other governmental agencies relating to permits, licenses or fees which they may impose.
Term inationlCancei1ation of Contract
The City reserves the right to cancel the contract with cause as to non-compliance with the contract terms, and a
minimum ninety (90) days written notice is given.
Termination or cancellation of the contract will not relieve the bidder of any obligations for any deliveries entered into prior
to the termination of the contract (i.e. reports, statements of accounts, etc., required and not received).
Termination or cancellation of the contract will not relieve the bidder of any obligations or liabilities resulting from any acts
committed by the bidder prior to the termination of the contract.
Termination for Default
The City's representative shall notify, in writing, the contractor of deficiencies or default in the performance of its duties
under the Contract, by regular mail (or otherwise) to the address provided by contractor in its proposal. Three separate
documented instances of deficiency or failure to perform in accordance with the specifications contained herein shall
constitute cause for termination for default, unless specified elsewhere in the solicitation, whether or not the contractor
has received notice of those instances of deficiency. It shall be at the City's discretion whether to exercise the right to
terminate. Contractor shall not be found in default for events arising due to acts of God.
Prohibitions
The bidder, his/her/its employees, subcontractors, and his/her/its employees are prohibited from unlawful drug or alcohol
possession and the use, manufacture, or dispensation of controlled substances while at work and while traveling to or
from work. If any employee reports to work under the influence of alcohol or drugs the employee shall be immediately
removed from the City premises by the bidder. The contractor will be held responsible for any damages, loss or extra
expenses caused by delays incurred by such actions. See attached Drug Free Workplace Form.
Indemnification
The successful bidder hereby agrees to indemnify and hold harmless the City of Cape Canaveral, and its officials,
representatives, agents, officers, and employees from and against all claims for infringement of any United States Patent
and alt other claims, damages, losses and expenses (including without limitation costs of defending the same and
attorney's fees) arising out of or resulting from the performance of the work, furnishing of services, or furnishing of
materials, goods, or equipment (including but not limited to claims regarding defects in materials, goods or equipment)
which is caused in whole or in part by any breach of contract, act, or omission of the successful bidder, any subcontractor
anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The
successful bidder shall indemnify and hold harmless the City of Cape Canaveral from and against any and all claims
against the City, or any of its officials, representatives, agents, officers, and employees, by any employee of the
successful bidder or of any subcontractor. The indemnification obligation under this clause shall not be limited in any way
by any limitation on the amount or type of damages, compensation or benefits payable by or for the contractor or any
subcontractor under any Worker's Compensation Act, Disability Benefit Act, or other Employee Benefit Act.
Accidents & Claims
The successful bidder shall be held responsible for all accidents and shall indemnify, hold harmless, and protect the City
from all suits, claims and actions brought against the City or its officials, representatives, agents, officers, and employees,
and all costs, damages, or liabilities to which the City or its officials, representatives, agents, officers, and employees may
be put or exposed, for any injury or alleged injury to the person(s) or property(s) of another resulting from negligence or
carelessness in the performance of the work, or in protection of the project site, or from any improper or inferior
workmanship, or from inferior materials used in the work, or otherwise related to the project. See also Summation and
Insurance Requirements.
Laws & Regulations
The successful bidder at all times shall be familiar with and observe and comply with all Federal, State, Local, and
Municipal laws, codes, ordinances, rules and regulations which in any manner may apply and those which may be
enacted later, or bodies or tribunals having jurisdiction or authority over the work and shall indemnify and save harmless
the City of Cape Canaveral against any claims or liability arising from, or based on, the violation of any such law,
ordinance, rule, code, regulation, order, patent infringements or decrees.
The successful bidder is assumed to have made himself/herself/itself familiar with all Federal, State, Local, and Municipal
laws, codes, ordinances, rules, and regulations which in any manner affect those engaged or employed in the work, or the
materials or equipment used in or upon the work, or in any way affect the work. No plea of misunderstanding will be
considered an excuse for the ignorance thereof.
In the event any situation is brought to mediation or a court of law, the venue shall be the County of Brevard, in the State
of Florida, where all laws, regulations, ordinances, codes, and rules shall be used in the adjudication.
All responses, questions, and conversations are public information including any literature or handouts at any subsequent
presentations. All submittals are subject to the Florida Public Records Act, F.S. 119. The tender of a proposal authorizes
release of all of your company's information, as submitted. Any and all information submitted through this process
which the proposer deems to be confidentlal and not subject to the public records law should be marked "trade
secrets proprietary and confidential informatlon".
Communications
To ensure fair consideration for all prospective bidders throughout the duration of the formal solicitation process, the City
of Cape Canaveral prohibits communication, whether direct or indirect, regarding the subject matter of the bid or the
specifications by any means whatsoever (whether oral or written), with any City employee, elected official, selection
committee member, or representative of the City of Cape Canaveral, from the issuance of the specifications until the City
Council makes the award. Communications initiated by a bidder may be grounds for disqualifying the offending bidder
from consideration for award of the bid or any future bid.
The sole exception to the foregoing rule is that any questions relative to interpretation of specifications or the bid process
shall be addressed to the City Manager's office, in writing, via fax (321-868-1224) or email ccapecanaveral(cDcfl.rr.com
No questions will be answered 6 or fewer business days from the date and time of the public opening.
Addenda
When questions arise that may affect the bid/proposal, the answers will be distributed in the form of an Addendum, which
will be posted on the City's web site and sent to each bidder. It is the sole responsibility of the bidder to check the
current solicitations web page at http://www.cityofcapecanaveral.org for any addenda.
.All addenda must be acknowledged on the Signature Sheet to be considered responsive. Failure to acknowledge
all addenda may result in the disqualification of the bid response. The City will not respond to any questions (6)
days before the RFP opening.
Subcontractors
The successful bidder shall not employ subcontractors without the advance written permission of the City Council.
Assignment of the contract, or any portion of the contract, cannot be made without the advance written consent of the City
Council. No waiver, alterations, consent or modification of any of the provisions of the contract shall be binding unless in
writing and signed by the Mayor, as approved by City Council,
Fiscal Year Funding Appropriations
Specific Period: Unless otherwise provided by law, a contract for supplies or services may be entered into for any
period of time deemed to be in the best interest of the City, provided the term of the contract and conditions of renewal or
extension, if any, are included in the solicitation and funds are available for the first fiscal period (October 1 through
September 30), at the time of contract. Payment and performance obligations for succeeding fiscal periods, and any
renewals, are subject to appropriation by City Council of funds prior to entering agreement.
Cancellation Due to Unavailability of Funds in Succeeding Fiscal Periods: When funds are not appropriated
or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract may be
cancelled by the City and the contractor will be entitled to reimbursement for the reasonable value of any nonrecurring
costs incurred but not advertised in the price of the supplies delivered under the contract, renewal or otherwise
recoverable.
Proprietary Information
In accordance with Chapter 119 of the Florida Statutes (Public Records Law), and except as may be provided by other
applicable State or Federal Law, all proposers should be aware that Request for Proposals or Invitation for Bids and the
responses thereto are in the public domain. However, the proposers are requested to identify specifically any
information contained in their response which they consider confidential and/or proprietary and which they believe to be
exempt from disclosure, citing specifically the applicable exempting law.
Comphance
All companies doing business with the City of Cape Canaveral must do so in the English language and make bids or other
money quotations in U.S. currency. There shall be no customs, duties or import fees added to the cost shown in the
quotation or bid. In the event of any legal disputes the laws of the State of Florida and, where appropriate, the United
States of America shall prevail. Venue for any court proceedings arising out of or related to this bid or any resulting
contract or purchase shall be in a court of competent jurisdiction in Brevard County, Florida.
Equal Opportunity Employment
The contractor agrees that it will not discriminate against any employee or applicant for employment for work under this
Agreement because of race, color, religion, sex, age, disability, or national origin and will take steps to ensure that
applicants are employed, and employees are treated during employment without regard to race, color, religion, sex, age,
disability, or national origin. This provision will include, but not be limited to the following: employment; upgrading;
demotion or transfer; recruitment advertising; layoff or termination; rates of pay, or other forms of compensation; and
selection for training, including apprenticeship. Each employee of the contractor shall be a citizen of the United States or
an alien who has been lawfully admitted for permanent residence as evidenced by an Alien Registration Receipt Card.
The contractor agrees not to employ any person undergoing sentence of imprisonment except as provided by Public Law
89-176, September 10, 1965 (or most recent) (18 USC 4082)(c)(2).
Fair Labor Standards Act
Contractor is required to pay all employees not less than the Federal minimum wage and to abide by other requirements
as established by the Congress of the United States in the Fair Labor Standards Act, as amended from time to time.
Unauthorized Aliens
The Owner shall consider the employment by any Contractor of unauthorized aliens as a violation of section 274A(e) of
the Immigration and Nationalization Act, as amended. Such violation shall be cause for unilateral cancellation of this
contract.
indemnification and Hold Harmless
In addition to and without limitation of the foregoing provisions regarding protection of the City from liabilities if awarded a
contract as a result of this Invitation to Bid, you, the successful bidder, agree for good and valuable consideration, receipt
of which is acknowledged by your submission of a bid, to protect, defend, indemnify and hold the City of Cape Canaveral,
its officials, officers, employees, representatives, and agents free and harmless from and against any and all losses,
penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and
character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings or causes of
action of every kind and character in connection with or arising directly or indirectly out of the error, omission or negligent
act of the contractor. Without limiting the generality of the foregoing, any and all such claims, etc., relating to personal
injury, infringement of any patent, trademark, copyright (or application for any thereof) or of any other tangible or
intangible personal or property right, or actual or alleged violation of any applicable statute, ordinance, administrative
order, rule or regulation, or decree of any court, shall be included in the indemnity hereunder. You further agree to
investigate, handle, respond to, provide defense for and defend any such claims, etc., at your sole expense and agree to
bear all other costs and expenses related thereto, even if such claim is groundless, false or fraudulent.
Disclaimer of LiabilitV
The City will not hold harmless or indemnify any respondent for any liability whatsoever.
Sovereign Immunity Reserved
The City reserves and does not waive any and all defenses provided to it by the laws of the State of Florida or other
applicable law, and specifically reserves and does not waive the defense of sovereign immunity.
PROPOSAL FORMAT.,
Proposers must respond in the format delineated below
All responses, and copies, are to be submitted on 8 %z x 11 inch paper, bound individually. A CD with the
proposal is to be Included. Such CD shall be in Microsoft Word, Excel, or pdf format.
Each directive listed will require an individual index tab in your response package to indicate the information as
requested is listed behind its specific tab. Any other information pertinent to the headings as listed herein may be
added to the end of each section. However, required information must be listed first in each section. If further
materials are necessary to complete your response and are not noted under any of the headings listed below, add
a TAB —X tab to the end of your response with proper index as to the subject matter contained therein. Any
Addenda are to be signed and returned under TAB - X.
Failure to submit this information will render your proposal non-responsive. Each Section is to be preceded with a
Tab delineating the information after the Tab.
Tab 1. Cover Letter/Company Profile Information
The cover letter must include the full legal name of the firm; a brief summary of the proposing firm; a
statement of the Contractor's understanding of the scope of services to be provided; the address of the
office conducting the service and the office administering the Agreement, the names of the person(s) who
will be authorized to make representations for the Contractor, their titles, addresses, telephone numbers,
and e-mail addresses. The cover letter must be signed by an authorized official of the company,
preferably the President, Contractor shall provide proof with its offer of signing authority for any official
who signs the cover letter other than the President.
Tab 2. Fee Proposal
Place Residential Solid 'Waste And Recyclable Material Collection Services, Base Bid Tabulation
Sheet, Alternate 1 Bid Tabulation Sheet, Alternate 2 Bid Tabulation Sheet, and Commercial Solid Waste
Collection Services iBid Tabulation Sheet in this section. See Evaluation Matrix below for the relative
weighting of the Fee Proposal component in the selection process.
Tab 3. Quest! onnajt'e/Contract Approach
Place the Bidder's Questionnaire Form and responses in this section.
Tab 4. Customer Services
Place a detailed! description of the customer service and call center training & operations, local
management presence how to handle and follow up on unresolved calls.
Tab 5. Experience/Qu:alifications
Place all relevant experience and qualifications that make your firm uniquely qualified to provide the
services outlined in this proposal. You do not need to repeat information already provided in Tab -3
Tab X. MISCELLANEOUS
Place the SIGNATURE SHEET, NON -COLLUSION AFFIDAVIT, DRUG FREE WORKPLACE
FORM and REFERENCE LISTING FORM that have been fully executed in this section.
EVALUATION CRITERIA
The following criteria will be used to determine the most responsible, responsive bidder. The City reserves the right to
accept or reject any or all proposals received as a result of this Request for Proposals, if it is in the best interests of the
City to do so. The Franchise Agreement, if awarded, will be awarded to the Bidder the City determines can best meet the
City's needs. Lowest price will not necessarily guarantee award.
Bid Prices: Unit prices as contained on the Bid Form submitted by the bidder will be used to determine the total costs to
the City and its customers for residential solid waste and recyclable material collection and disposal services.
Presentation: The short listed Contractor shall have an opportunity to make a presentation to the selection committee
regarding their qualifications and experience, their transition plan, the relative benefits of the alternative collection
methodologies, their public education programs, plans to expand recycling services and materials, etc.
Competency, Reputation, and Regional Experience of Vendor: The Contractor shall have a minimum of 3 successful
years experience with a contract for collection, transport and recycling of solid waste equal or greater than 5,000
residential units within 100 miles of City. The City may contact any agency for which the vendor is or has performed
services to determine the competency, reputation and experience of the vendor. In addition, the City may consider its
own experience in dealing with the vendor.
Financial Ability of Vendor. Each Bidder is required to submit a copy of its most recent audited financial statement
prepared by a State licensed Certified Public Accountant. The City may also review information received from any
source concerning the financial ability of the vendor to provide the required services to the City.
Prospective bidders are prohibited from contacting any member of the Selection Committee (except the
Facilitator) at any time during the bid process, up to the time of contract award. Any attempted contact may be
grounds for disqualification.
Evaluation Matrix
Evaluation Criteria Maximum (Points
1 Fee Proposal 40
2 Contract Approach 10
3 Customer Service 20
4 Experience/Qualifications 30
Total Points To Be Earned 100
Today Points to be earned are on a scale of 1 100 points, 1 = Lowest, 1100 = highest
Tentative Calendar of Events'
1 RFP Issue Date May 26, 2009
2 Mandato Pre -Proposal Conference — City Manager June 2, 2009 10 a.m.
3 Bid Responses Due to City Clerk June 26, 2009 by 3:00 p.m.
4 Bid Opening June 26, 2009 4:00 P m
5 Selection Meeting Evaluation and Rankin — City Council July 6, 2009 .._
6 Oral Presentations and Final Rankiing — City Council July 13, 2009
7 Contract award — Cit Council Jul 21, 2009
..... � .eeeeeeew.
8 Effective Contract Date October 1, 2009
All times, dates and actions are subject to change. All meetings are publicly posted and open to the public under
the Sunshine Law.
I1
BIDDER'S 01JESTtONNAME FORM'
This Questionnaire asks for information concerning the bidder's organization, experience in services similar to those
described in the Franchise Agreement, and information relating to the equipment, personnel and operating plan the
Bidder proposes to use during the Agreement. If a partnership, firm, corporation or other entity owns a controlling
interest in the Bidder, responses to each question in the questionnaire must be submitted for both the Bidder and the
parent entity. For purposes of this paragraph, "controlling interest" shall mean ownership of ten percent (90%) or
more of the beneficial ownership of Bidder. Information submitted in response to this Questionnaire will be
considered binding on the successful Bidder and any substitutions or deviations are subject to approval by the City of
Cape Canaveral City Council.
Manner of Preparing and Filling in Forms
Unless indicated otherwise, the Bidder shall include information for only the specific single business organization or
entity which is submitting a Proposal for the Work described in the Franchise Agreement and which would be the
signatory on the Franchise Agreement.
Prior to responding, Bidders are required to familiarize themselves with the general residential and commercial routes
and any unique pick-up areas and City Facilities.
All answers and entries shall be specific and complete in detail. The City of Cape Canaveral reserves the right to
make independent inquiries concerning the information submitted herein, to conduct any additional investigation
necessary to determine the Contractor's qualifications, and to require the Bidder to supply additional information.
Use of Attachments
Schedules, resumes, diagrams, and other forms of information may be used as attachments to the prescribed form,
provided that the information contained therein specifically includes the information required by this form and provided
that the Bidder clearly references the attachments on this form. The purpose of this Questionnaire and any
attachments is to supply information about the Bidder to the City of Cape Canaveral, so that the City may determine
the Bidder's qualification to perform the work.
Submission
The Questionnaire shall be submitted along with the Contractor's Proposal in accordance with the information
contained in the Proposal Format section of the Bid Documents.
12
ORGANIZATIONAL INFORMATION
TYPE OF FIRM () Corporation () Partnership
() Individual (} Other — Describe
If a corporation, answer:
Date Incorporated
In what state?
Please list parent organizations and their address and ownership.
How many years has your firm used its present name?
List firm's previous names:
Attach printout from corporate information of the Florida Department of State.
1. How many years of governmental experience has your firm had in the following type of work, in which the work
listed was the primary task?
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID IN TAB -3. SUBSTITUTIONS WILL
NOT BE ACCEPTED.
13
Asa Contractor
As a Sub -Contractor
Solid Waste Collection
a.
Operations
b.
Recyclable Materials Collection Operations
Recyclable Materials Processing and
c.
Marketing Operations
d.
Yard Waste Collection O erations
e.
Commercial Solid Waste Collections
f.
Other Transfer Operations
g.
Public Service Related Contracts
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID IN TAB -3. SUBSTITUTIONS WILL
NOT BE ACCEPTED.
13
2. List the contracts in the last three (3) years which fall into the categories listed above in Question Number 1.
Contract Work shall be within 100 miles from the City of Cape Canaveral and serve 5,000 residential units at a
minimum. List the contracts shown in categories a, b and c of Question Number 1 first. If space permits, list the
remaining contracts chronologically.
Contract, Owner, City, County,, etc, Contract Amount or, Enter
Contact Person Name and Name of Contract or Gross Annual Letter
Tele hone Number Service Agreement Revenue of ##1
3. For each contract listed above, provide a brief description of the service and your firm's responsibilities. (Use a
separate sheet if required).
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID IN TAB 3. SUBSTITUTIONS WILL
NOT BE ACCEPTED.
14
4. Describe the organizational structure under which you will manage these services. This should include, but
not be limited to, the persons responsible for the following areas of expertise: direct supervision, overall project
management, personnel, equipment maintenance and acquisition, training, safety, risk management, financial
management, customer service, and community relations. Describe the experience of, or include resumes for
persons in these positions. This organizational structure should clearly show both residential and commercial
solid waste collection and residential recyclable materials and yard waste collection, processing and marketing
services. It should also define the strategy by which the recyclable materials will be processed and marketed.
5. List the major equipment to be used for these services. The information provided must demonstrate that the
equipment will meet the requirements for the various alternatives listed in the RFP and as described in the
Franchise Agreement. The information shall include such information as the model, age, leased or owned,
capacity (if loads are combined for long haul as well), quantity, payloads (both in weight and length), a detailed
sketch of and a general description of how the equipment will interface during operations. This information should
include a detailed description of equipment to be used in the processing and marketing of the recyclable
materials. The City prefers new vehicles, containers and equipment.
* THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID IN TAB -3. SUBSTITUTIONS WILL
NOT BE ACCEPTED.
is
5a. Describe the proposed equipment and operational plans that will be employed to minimize odor, noise, and
air pollution and to enhance safety within the City of Cape Canaveral.
5b. Describe the schedule you will follow to maintain the equipment in a clean and sanitary condition and the
schedule for cleaning vehicles and changing out containers as required. Schedule shall include regular cleaning
repair and/or replacement of commercial open top, front load and compactor containers.
* THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID IN TA13-3. SUBSTITUTIONS WILL
NOT BE ACCEPTED.
E
5c. Describe the procedure and scheduling for handling beach end waste containers and existing and proposed
bus shelter waste containers throughout the City limits. Currently, City crews empty the beach end containers and
place the containers at the beach end curb for pickup by the Franchise Waste Hauler, Please address how you
propose to address these containers with the minimum inconvenience to adjacent residents. Garbage and
recycling services for City Facilities and City sponsored events should also be addressed.
6. Describe briefly the backup transport system you will use if the primary system is incapacitated. What
corporate resources will you draw from to meet the terms of the franchise agreement?
7. Describe your staffing plan to service the City of Cape Canaveral with special attention to operational and
customer service support.
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID IN TAB -3. SUBSTITUTIONS WILL.
NOT BE ACCEPTED.
l7
8. Provide a list of all proposed subcontractors (if applicable) addresses, phone numbers and contact names.
8a. What is the monetary percentage and portion of work to be performed by subcontractors?
9. Please describe how you would propose providing recycling services to multifamily homes and condominiums
and define the associated cost structure
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID IN TAB -3. SUBSTITUTIONS WILL
NOT BE ACCEPTED.
18
RFP -01-2009, Attachment "A„
Franchise Agreement for
Garbage, Yard Waste, Recycle & Commercial Collection Services
OVERVIEW
This Request for Proposals seeks to secure firm pricing of solid waste and recyclable material collection services for all
City of Cape Canaveral residential and commercial customers and City of Cape Canaveral owned facilities and sponsored
events.
INTENT
It is the intent and purpose of this contract to assure the efficient, healthful, and aesthetic operation of an exclusive Solid
Waste and Recyclable Material Collection service for all residents of the City of Cape Canaveral and City Facilities, The
City has provided for the mandatory collection of residential and commercial solid waste within in the City of Cape
Canaveral.
TECHNICAL SPECIFICATIONS
SECTION 1. DEFINITIONS
The definitions set forth herein are intended to be consistent with the provisions of Part IV, Chapter 403, Florida Statutes
Authorized Representative: The City Manager or an employee designated by the City Manager as the City
authorized representative for the purposes of this Franchise Agreement to the Contractor.
Bags: Biodegradable or plastic sacks designed for solid waste with sufficient wall strength to maintain physical
integrity when lifted from the lip, securely tied at the top for collection, with a capacity not to exceed thirty-two (32)
gallons and a loaded weight not to exceed fifty (50) pounds.
Bin: Typical 14 gallon open top durable plastic container made with recycled content for residential recycling.
Bins shall be uniform in color and fixed with a logo approved by the City of Cape Canaveral City Council.
Biomedical Waste: Any solid waste or liquid waste which may present a threat of infection to humans. The term
includes, but is not limited to, non -liquid human tissue and body parts; laboratory and veterinary waste which
contain human -disease -causing agents; used disposable sharps, human blood, and human blood products and
body fluids from humans and other primates: laboratory and veterinary wastes which contain human disease -
causing agents; and discarded sharps.
Biological Waste: Solid waste that causes or has the capacity of causing disease or infection and includes
biomedical waste, diseased or dead animals, and other wastes capable of transmitting pathogens to humans or
animals.
Bulk Waste: Any tangible item such as furniture, white goods, carpet, grills, lawn equipment, furnaces, bicycles,
excluding motor vehicles (with exception of used tires without rims), or similar property not having a useful
purpose to the owner or abandoned by the owner and not included within the definitions of garbage, yard waste,
or rubbish, A customer at a residential unit in the Contractor's service area shall generate residential bulk waste
from time to time or during moving in or out of a residential unit. Carpet shall be no greater than 6' X 10', rolled
and weigh less than 50 pounds.
Cart: 96 or 64 gallon durable plastic container with lid, wheels and handle made with recycled content for semi -
automated garbage and recycling collection services. Cart Containers shall be uniform in color, contain user
instructions and logo approved by the City of Cape Canaveral City Council.
IL`]
Clean Debris:. Any solid waste which is virtually inert, which is not a pollution threat to groundwater or surface
waters, is not a fire hazard, and is likely to retain its physical and chemical structure under expected conditions of
disposal or use. The term includes brick, glass, ceramics, and uncontaminated concrete including embedded
pipe or steel.
City: The City of Cape Canaveral under the direct supervision of the City Manager.
City's Project Manager: The Project Manager has responsibility for the day-to-day administration of the franchise
agreement for the City and shall be the City Manager or his/her designee.
Commercial Service: Collection and disposal service provided to business establishments, churches, schools,
office buildings, restaurants and other commercial establishments.
Commercial Trash: Any and all accumulation of paper, rags, excelsior or other packing materials, furniture,
appliances, wood, paper or cardboard boxes or containers, sweepings, and any other similar accumulation not
included under the definition of garbage, generated by the operation of stores, offices, restaurants, and other
commercial establishments. Commercial trash shall not include special waste.
Construction and Demolition Debris: Discarded materials generally considered to be not water—soluble and
non hazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe,
gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or
demolition project or from the renovation of a structure, and including rocks, soils, tree remains, trees, and other
vegetative matter that normally results from land clearing or land development operations for a construction
project, including such debris from construction of structures at a site remote from the construction or demolition
project site. Mixing of construction and demolition debris with other types of solid waste will cause it to be
classified as other than construction and demolition debris. The term also includes:
(a) Clean cardboard, paper, plastic, wood, and metal scraps from a construction project
(b) Effective January 1, 1997, except as provided in 2s. 403.707(13) 0), unpainted, non treated wood scraps
from facilities manufacturing materials used for construction of structures or their components and
unpainted, non treated wood pallets provided the wood scraps and pallets are separated from other solid
waste where generated and the generator of such wood scraps or pallets implements reasonable
practices of the generating industry to minimize the commingling of wood scraps or pallets with other solid
waste, and
(c) De minimis amounts of other non hazardous wastes that are generated at construction or destruction
projects provided such amounts are consistent with best management practices of the industry.
Contract or Agreement: The Franchise Agreement executed by the City and the Contractor for the
performance of the work.
Contractor or Vendor: The person, firm, corporation, organization, agency or joint venture with whom
the City has executed a Franchise Agreement for performance of the work or supply of equipment or
materials or his duly authorized representative. The Contractor or Vendor is also the Franchisee under
the Franchise Agreement.
Contractor's Project Manager: The Project Manager has responsibility for the day to day administration of the
resulting contract for the Contractor and shall be designated prior to execution of the contract.
Contractor's Route Supervisor: The route supervisor or designee has responsibility for the day-to-day
operations resulting from the contract for the Contractor who shall be available during rendering of all City
services and who is authorized to take corrective or remedial actions to ensure high quality and timely service.
Contractor shall provide mobile phone/radio to City Project Manager to ensure direct communication
while performing services.
City Council: The elected body of City Council for the City of Cape Canaveral, Florida
O
Curbside. The area within five (5) feet of the maintained) road right of way, whether the road is publicly
or privately maintained.
"Curbside pickup" or service "at the curb" shall mean that area at a residence provided such area is
reasonably accessible to the Contractor.
"Side yard" service must be made available at reasonable additional rates as approved by the City when
requested by a subscriber. "Side yard" service shall be given to disabled person(s) households, if requested, at
no additional cost. Side yard service shall include collection of household waste and recyclables. Yard waste
shall be placed at curbside for collection.
Disabled households shall be defined as a household occupied by a single individual who is disabled or a
household occupied by two individuals in which both persons are disabled.
Disposal or Recycling Facility: A facility permitted or approved by the Florida Department of Environmental
Protection to receive, process, transfer, landfill and/or otherwise dispose of solid waste, yard trash or recycle
materials.
Dumpster: A 2 to 8 cubic yard steel or rigid container with a lid that is left at a commercial site for routine solid
waste or recyclable collection with a specially designed truck with hydraulic lifters.
Garbage: All kitchen and table food waste, and animal or vegetable waste that is attendant with or
results from the storage, preparation, cooking or handling of food materials and other household waste
generated by a residential unit.
Garbage Can: A plastic or metal container that does not exceed thirty-two (32) gallons in capacity or fifty (50)
pounds in weight, that is durable, rust -resistant, non-absorbent, water tight, rodent proof, and shall have handles
and light fitting covers.
Hazardous Waste: Solid waste, or a combination of solid wastes, which, because of its quantity,
concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to,
an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may
pose a substantial present or potential hazard to human health or the environment when improperly
transported, disposed of, stored, treated, or otherwise managed. (Regulated by the Florida Department
of Environmental Protection (FDEP) pursuant to Chapter 62-730, Florida Administrative Code.)
Household Furniture: All movable compaclable articles or apparatus such as chairs, tables, sofas,
mattresses, etc., for equipping a house.
Household Waste: Any solid waste, including garbage, and trash derived from households, including
single and multiple residences, hotels and motels, crew quarters, and day -use recreation areas.
Industrial Solid Wastes: Solid waste generated by manufacturing or food processes that are not a
hazardous waste. Such waste may include, but is not limited to, waste resulting from the following
manufacturing processes: food and related products, or by-products; inorganic chemicals; iron and steel
manufacturing; leather and leather products; non-ferrous metals manufacturing or foundries; organic chemicals:
plastics and resins manufacturing; rubber and miscellaneous plastic products; stone, glass, clay, and concrete
products; textile manufacturing; transportation equipment.
Landfill: A solid waste disposal facility, approved by FDEP, which is an area of land or an excavation
where wastes are or have been placed for disposal, for which a permit, other than a general permit, is
required by Florida Statutes Section 403.707. This term shall not include: (a) A land spreading site; (b) A
surface impoundment; (c) An injection well defined under and subject to the provisions of Chapter 62-28,
F.A.C.
Litter: Contractor shall not be responsible for scattered solid waste which can be categorized as litter
unless the same has been caused by Contractor's acts or omissions, in which case, all such scattered
solid waste shall be picked up immediately by Contractor. Contractor shall maintain sufficient
equipment and tools on each collection vehicle (pitch fork, broom, shovel) to pick up such scattered solid
waste.
3
Material's Recovery: Any process by which one or more of the various components in solid waste is
separated and concentrated for reuse.
Material Recovery Facility (MRF): A FDEP approved solid waste management facility that provides for
the extraction from solid waste of recyclable materials suitable for use as a fuel or soil amendment, or any
combination of such materials.
Multiple Dwelling Units: Any building containing four (4) permanent living units, not including motels
and hotels. Buildings containing over four (4) permanent living units are classified as commercial
accounts unless service of a different nature is approved by the City.
Owner or City: The City of Cape Canaveral or an authorized representative.
Proper Vehicles: Any vehicle which is not in violation of any provision of the Franchise Agreement.
Recovered Materials: Metal, paper, glass, textile, or rubber materials that have known recycling
potential, can be feasibly recycled, and have been diverted and source separated or have been removed
from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require
subsequent processing or separation from each other, but does not include materials destined for any
use that constitutes disposal. Recovered materials as described above are not solid waste.
Recycling: Any process by which solid waste, or material which otherwise become solid waste, are
collected separated, or processed and reused or returned to use in the form of raw materials or products.
Recyclable Material: Materials which are capable of being recycled and which would otherwise be
processed or disposed of as solid waste. See Exhibit III for a minimum list of materials.
Residential Service: Solid waste, yard trash and recyclable material collection service provided weekly
to persons occupying residential dwelling units and this includes bulk services. The Contractor shall provide
multiple family dwelling units with residential recycling service.
Roll -off Container: Metal open top container with closed sides normally used for construction and demolition
debris collection and hauling. Having roller type mounted wheels and is loaded by a specialty roll off truck. The
container has an open top and rear metal door for disposing of waste. Cubic Yard sizes of 10, 14, 20, 30 and 40.
Roll -Off Compactor Containers: Metal container with closed sides, ends and top and a compaction unit located
within the unit used for storing commercial and industrial waste for transportation and disposal. Having roller type
mounted wheels and is loaded by a specialty roll off truck. Cubic yard sizes of 17 TO 40.
Solid Waste: Sludge, unregulated under the Federal Clean Water Act or Clean Air Act; sludge from a
waste treatment works, or air pollution control facility; or garbage, rubbish, refuse, special waste, or other
discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic,
industrial, commercial, or governmental operations. Materials not regulated as solid waste are recovered
materials; nuclear source or by-product materials regulated under Chapter 404, Florida Statutes or under the
Federal Atomic Energy Act of 1954 as amended; suspended or dissolved materials in domestic sewage effluent or
irrigation return flows, or other regulated point source discharges; regulated air emissions; and fluids or wastes
associated with natural gas or crude oil exploration or production.
Solid Waste Disposal Facility: Any solid waste management facility which is the final resting place for
solid waste, including landfills and incineration facilities that produce ash from the process of incinerating
municipal solid waste.
Special Waste: Solid wastes that can require special handling and management, including, but not
limited to, commercial white goods, waste tires, used oil, lead acid batteries, construction and demolition
debris, ash residue, yard trash and biological wastes.
Transfer Station: A site the primary purpose of which is to store or hold solid waste for transport to a
processing or disposal facility. It does not include green boxes, compactor units, permanent dumpsters,
and other containers from which such wastes are transported to a landfill or other solid waste
management facility.
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Waste Tire: A tire that has been removed from a motor vehicle, without rims.
White Goods: Inoperative and discarded refrigerators, ranges, water heaters, freezers, and other similar
domestic and commercial large appliances.
Yard Trash or Yard Waste: Vegetative matter resulting from lawn maintenance, including accumulation
of lawn, grass, shrubbery cuttings or clippings and dry leaf raking, small tree branches (which shall not
exceed four (4) feet in length and fifty (50) pounds), palm fronds (whole), bushes or shrubs, green leaf
cuttings, fruits, or other matter usually created in the care of lawns and yards.
SECTION 2. SCOPE OF WORK
2.00 The Contractor hereby agrees to provide solid waste collection, transport, and disposal services for residential,
multifamily, commercial, front load containers/bins, compactors and roll -offs. The Contractor shall comply with all
federal, state, and local requirements, with special attention to City of Cape Canaveral Ordinances and acquire
and maintain all required permits and licenses. A general summary of the work is outlined below:
Residential Service:
• Residential services shall be provided by a wheeled cart system. The carts should be similar in size and
quality as the carts currently in use by the City (64 or 96 gallon).
• Each resident should be provided with up to two new carts to replace their existing cart(s). Residents
who currently have only one cart will receive one replacement cart. Residents requesting more than two
carts will be required to pay for each additional cart in accordance with the adopted fee schedule. The
Contractor will manage all aspects of the cart system including ordering, storage, delivery, maintenance,
replacement etc.
• Residential garbage service shall be provided twice per week between 7:00 am and 7:00 pm, inclusively,
• Bulk items such as appliances, furniture, etc. (not hazardous waste) shall be collected free of charge one
time per week. Customers wishing to order extra bulk pickup outside of the one free bulk pick up shall be
required to pay a special pick-up fee in accordance with the adopted fee schedule. The contractor shall
be responsible for coordination of the collection and billing.
• It may also be necessary to offer rear door service to handicapped residents within City of Cape
Canaveral. The need for this service will be approved by the City Manager or his/her designee.
• Maintaining the existing residential solid waste, recycling and yard waste schedules will be given
favorable consideration.
• Each househoid shall also be entitled to dispose up to four (4) used automobile tires without rims per
year,
Multifamily Service:
• Multifamily garbage collection shall be provided to multi -family residential units in the most efficient
manner available (cart or commercial container) as determined by the City Manager or his/her designee
no less than two times per week.
• Collection shall occur between 7:00 am and 7:00 pm, inclusively.
Commerclal Service:
• Commercial garbage collection shall be provided in the most efficient manner available (cart or
commercial container) as determined by the City Manager or his/her designee no less than two times per
week.
• Commercial Service is provided using standard manufactured -type mechanically serviced containers,
compatible with the Contractor's equipment. These are generally 2, 4, 6 & 8 yard containers.
23
• The Containers shall be cleaned regularly, but no less than quarterly. The City Manager or his/her
designee shall have the authority to request a specific container be cleanedat any time. The City shall
be provided with a cleaning schedule.
• The container shall be well maintained and painted at least annually, but more often if required to
maintain a fair appearance. The City Manager or his/her designee shall have the authority to request a
specific container be painted. Annually a schedule of containers painted shall be provided to the City.
• No advertising shall be posted on the containers. The containers may contain the company's name and
customer service information such as a phone number or email address only,
Compactor Service:
• Compactor service shall be provided to commercial and multifamily customers as requested or required
by the City Manager or his/her designee
• Compactors shall be collected no less than one (1) time per week.
• Compactors shall be deodorized with each collection and cleaned thoroughly (by steaming) no less than
once per quarter. A schedule of the maintenance shall be provided to the City, and additional cleanings
may be required as needed at the discretion of the City Manager or his designee,
Recycling Service:
• Exhibit III is a list of the materials that shall be included in the recycling service at a minimum.
• The City is committed to being a "Green Local Government" and taking every reasonable step to become
more environmentally conscientious. To this effort, the City wishes to increase recycling efforts
throughout the City.
• The Contractor shall provide a program for residential recycling that is made available through the use of
either bins or carts.
• Maintaining the existing residential recycling schedule will be given favorable consideration.
• Provide recycling service to multifamily homes and condominiums.
• The Contractor shall offer a commercial recycling program and charge an open market competitive rate.
• The Contractor shall provide for recycling in City parks and at public facilities as well as City sponsored
special events.
• The Contractor shall partner with the City to educate the community on current recycling practices. This
may include providing information for the City's website, and attending special events or educational
opportunities at the local schools.
Customer Service:
2.01 Levels of service as set forth in this Franchise agreement shall be deemed the minimum acceptable level of
service. Nothing herein prohibits the Contractor from providing service at a level higher than the standards set
forth within this Agreement.
2.02 Residential Service Units shall mean single and multiple dwelling units. However, multiple dwelling units utilizing
containers two (2) yards or larger shall be considered commercial units. The Contractor shall provide residential
recycling services to multiple dwelling units.
The City of Cape Canaveral City Council will inform the Contractor in writing, the selection of one of the (3)
following levels of service for the start of this contract.
24
a. Base Bid: The Contractor shall provide weekly residential solid waste collection services to all
residential units located within the corporate limits of the City of Cape Canaveral. The base bid shall consist of
the Contractor collecting, transporting, and disposing of garbage from places of residence not less often than two
(2) times per week with collections at least three (3) days apart, with yard trash collection once per week, and
single stream recycling using bins on one of the garbage days for the term of the contract, Yard trash shall be in
carts, or bundled/tied. Collection services for approved holidays falling on a Thursday or Friday will be picked up
on the following Saturday. Contractor shall supply each residential account up to two (2) 64 or 96 gallon carts (or
a combination of the two) for garbage collection. Additional carts can be ordered and a monthly charged assessed
as outlined in the Fee Schedule.
Alternate 1: shall be completed under same conditions as the Base Bid with the difference that 64 or 96
gallon carts will be used for single stream recycling. Recycling carts shall have a different color lid with a list of
acceptable recyclables permanently listed on the lid. Under this alternative, each resident shall have up to a total
of three (3) carts (any combination of 64 or 96 gallon). Additional carts can be ordered and a monthly charge
assessed as outlined in the Fee Schedule.
Alternate 2: shall be completed under some conditions as Alternate 1 with the difference that 64 or 96 gallon
single stream recycling carts will, be picked up every other week. With this option, the recycling pickup schedule
shall be permanently displayed on the cart lid.
b. Quantity: The Contractor shall collect, transport, and dispose of all curbside materials generated from a
residential service unit, provided that same is properly prepared and stored for coilection as identified for each
type of waste.
C. Residential Garbage and Recyclable Materials:
Base Bid: The Contractor shall provide complete front of premises curbside pickup service. Collection of solid
waste shall be primarily made from approved garbage carts located at curb.
The Contractor shall provide as a standard 96 gallon carts for solid waste collection. Carts shall be distributed
with educational materials to all existing homes within 45 days of start of contract as approved by the City
Manager. The Contractor shall provide 64 gallon carts for solid waste collection where the space, homeowner
association rules, customer preference, or physical restrictions require a smaller cart than the standard 96 gallon
cart. Contractor shall be required to remove reasonable overflow materials and advise City of any abuse.
Side yard pickup with base bid and/or Alternates shall be provided by the Contractor for disabled persons or
hardship at no additional charge.
d. Residential Garbage and Recyclable Materials Collection & Time: The Contractor shall make collections
with a minimum of noise and disturbance. Collection shall begin no earlier than 7:00 a.m, and shall cease no later
than 7:00 p.m. No collection shall occur on Sundays or approved holidays. In the case of an emergency,
collection may be permitted at times not allowed by this paragraph, provided the Contractor has received prior
written approval from the City Manager or his/her designee. Carts used for residential services shall be handled
carefully by the Contractor and shall be thoroughly emptied and then left where they were found. Bins and/or
carts shall be thoroughly emptied of recyclable material and left where they were found. Bins and carts shall not
be placed in such a way as to block driveway access or cause an obstruction in the right-of-way to vehicles,
bicycles etc. Any solid waste or recyclable materials spilled by the Contractor shall be picked up immediately by
the Contractor's employees. Non -solid waste or non -recyclable materials placed out for collection shall not be
collected by the Contractor and shall be tagged by the Contractor and left at the curb.
e. Solid Waste and Recyclabie Materials Containers: The contractor shall provide up to two (2) carts and
one (1) recycling bin to each unit under the base bid. Single stream recycling shall be provided under all options
by the contractor to all residential service units and multi -family residential units at their cost. Carts shall be
distributed with educational materials to all existing homes within 45 days of start of contract as approved by the
City Manager or his/her designee.
f. The Contractor shall tag all household solid waste, yard waste and recycling that is non-compliant per
Section 2,02 (c) (d) and (g). The Contractor shall immediately record all contract issues in the approved web -
based tracking system and provide the City with a copy of any tag issued on request no later than noon of the
following business day. The web based tracking system shall be accessible to residents and businesses.
25
g. Bulk Waste Collection, W�ate Goods and Household Furniture: Bulk items such as appliances, furniture,
etc. (not hazardous waste) shall be collected once per week. Customers wishing to order a bulk pickup outside of
one time per week, would be required to pay a special pick-up fee in accordance with the adopted fee schedule.
The contractor shall be responsible for billing and coordination of the collection.
h. Yard trash service at the curb shall be collected weekly. The occupant shall place loose yard trash such
as leaves, pruning and grass garbage within cart(s) where possible for collection, transport and disposal in the
same manner as garbage. Non -containerized yard waste shall be collected providing that it is tied, stacked and
bundled, and does not exceed (4) feet in length (except palm fronds) or four (4) inches in radius nor be greater
than fifty (50) pounds in weight for any piece or segment of such materials. Palm fronds stacked at curb shall be
collected up whole.
i. The Contractor shall not be required to collect, transport, and dispose of special waste (except white
goods and household furniture, or the bio -medical waste as noted in service to City Buildings), clean debris,
infectious waste, hazardous waste, biomedical waste, biological waste or sludge, but may offer such service in
the service area. All such collection and disposal for those types of waste shall be accomplished in strict
compliance with all Federal, State and local laws and regulations.
j. The City grants the Contractor exclusive franchise rights to garbage, yard waste and recycling service to
all single family and multi -family residential customers in the City for the duration of the Contract.
k. The City grants the Contractor exclusive franchise rights to garbage service to all commercial customers
in the City for the duration of the Contract. This shall include, front load containers, roll -offs, and compactors.
Commercial recycling, residential demolition being done by the owner, or commercial contractors with their own
roll -off containers (NON -CONTRACTED) are excluded from the franchise.
I. Contractor shall respond and resolve all reasonable service complaints within 24 hours, regardless of
fault during commencement of contract and during implementation of all bin/cart delivery and route changes for a
period of sixty (60) days following implementation or change. Contractor shall also pick up all material inside and
outside of garbage, bins and carts for during and sixty (60) days after implementation and changes.
2.03 City Property: At no cost to the City, the Contractor shall provide solid waste collection, transportation, and
disposal services and recycling services to all facilities of the City of Cape Canaveral in the amount, location, and
frequency designated by the City Manager or his/her designee. Contractor shall provide all bins, carts, dumpsters
and roll -off containers necessary to provide City facilities service at no additional cost. A list of current facilities is
specified in Exhibit I which is incorporated herein. The intent of this Agreement is for the Contractor to provide all
waste and resource recovery needs of the City without cost to the City facilities and City sponsored events. The
exception is for disposal fees associated with removal of construction debris generated by City Utility or Public
Work's crews.
SECTION 3. SCHEDULES AND ROUTES
3.01 In General: Upon award of base bid or alternate, The Contractor shall assume existing collection routes on
October 1, 2009. A map of the service area and a list of existing customer addresses is provided for reference in
the City Clerk's Office and at the mandatory pre -proposal conference. The Contractor shall be required to verify
residential service units prior to initial collection on or before October 1, 2009. Waste collection and recycling
services are included regardless if the address is listed on the referenced link. The contractor shall also be
required to provide new cart(s) and bin (if applicable) distribution, routing and collection scheduling to be fully
implemented within 45 days of contract award as appropriate to support base bid or alternate bids. Contractor
shall be required to submit a transition plan to the City Manager August 1, 2009. Any and all route and schedule
changes are subject to approval by the City Manager. The City Manager's decision shall be final. Upon approval
of the City Manager, the Contractor shall notify each resident affected at least fourteen (14) days prior to the
effective date of the change and the Contractor shall publish a notice in the Florida Today newspaper at least ten
(10) days prior to the effective date of such route or schedule change. The cost of the publication shall be borne
solely by the Contractor. The City reserves the right to deny the Contractor's vehicles access to certain streets,
alleys and public ways inside the City, where it is in the interest of the general public to do so because of the
condition of streets. The Contractor shall not interrupt the regular schedule and quality of service because of
street closures. The Contractor shall promptly notify affected customer(s) of any deviation of the normal collection
schedule caused by a temporary disruption such as closed roads, police blockade or other event causing service
to be missed and made up in an alternate place or day with the City Manager's approval.
3.02 Storm, Natural or Man Made Disaster: In the case of a severe weather or disaster event, the City may grant the
Contractor reasonable variance from the regular schedules and routes. As soon as practicable after such severe
weather or disaster event, the Contractor shall advise the City of the estimated time required before regular
schedules and routes can be resumed. In conjunction with the City, the Contractor shall inform all customers. In
case of a severe weather or disaster event where it is necessary for the Contractor and the City to obtain
additional equipment and to hire extra crews to clean the City of debris and solid waste resulting from the severe
weather event, the Contractor shall work with the City in all possible ways for the efficient and rapid cleanup of the
City. The Contractor will be compensated by the City for additional personnel, overtime and costs of rental
equipment, provided the Contractor has first secured written authorization and approval from the City Manager for
the rates and total costs and that these costs and services are within FEMA guidelines. The City may elect to
utilize the Brevard County Interlocal Agreement for debris removal.
3.03 Miscellaneous:
a. The Contractor shall not be responsible for scattered garbage or recyclable materials unless the same
has been caused by the Contractor's acts or those of any of its employees, in which case such scattered
garbage shall be picked up immediately by the Contractor.
b. Occasionally, the City may require the Contractor to pick up garbage or debris left in the right of way or on
City property that is not billable to a private account.
C. Employees of the Contractor shall not be required to expose themselves to the danger of being bitten by
vicious dogs in order to accomplish solid waste collection in any case where the owner or tenants have
such animals at large. The Contractor shall immediately notify the City, in writing, of such condition and of
its inability to make collection because of such condition.
d. There will be no solid waste or recyclable material collection on the following holidays: Memorial Day, 4h
of July, Labor Day, Thanksgiving Day, Christmas Day, and any other day on which the designated County
disposal facility is closed.
e. The Contractor shall submit a monthly report to the City which includes tonnage of solid waste, recycling
and yard waste.
f. The Contractor shall be required, at the City's discretion, to provide each customer with a condensed
version of the rules and regulations for residential solid waste, yard waste, recycling and other special
services within 45 days of start of contract and for all new services added after start of contract. Said
condensed version shall outline the obligations of the customer and contractor according to the terms of
the contract and shall be approved by the City Manager or his/her designee before distribution to the
customer. Contractor shall supply the City offices with hard copies and an electronic condensed version
for public information for the City web site.
g. The Contractor shall use bio -fuels (minimum 5%) and non -hazardous hydraulic fluids in collection
vehicles where possible.
h. Contractor shall collect Adopt -A -Road litter bags within 48 hours of notification from City right of ways.
i. Contractor shall collect dead animals from City right of ways with 24 hour notice.
j. Contractor shall provide roll -offs for up to four (4) community cleanup events per year.
k. Contractor shall provide recycling, garbage carts and roll -off containers for up to six (6) City sponsored
events per year identified in EXHIBIT J.
I. Contractor shall provide recycling and garbage services to all City facilities as identified in EXHIBIT 1.
The City Manager or his/her designee may add new facilities to this list from time to time as new facilities
come online.
M. Contractor shall have their operations facility located in Brevard County.
SECTION 4. CONTRACTOR'S RELATION TO CITY
4.01 Contractor as Independent Contractor: It is expressly agreed and understood that the Contractor is in all respects
an independent contractor as to the work notwithstanding in certain respects the Contractor is bound to follow the
direction of designated City officials, and the Contractor is in no respect an agent, servant or employee of the City.
This Contract specifies the work to be done by the Contractor, but the method to be employed to accomplish this
work shall be the responsibility of the Contractor, unless otherwise provided in this Contract.
4,02 Supervision of Contract Performance: The Contractor's performance of this Contract shall be supervised by the
City Manager or his/her designee. If at any time during the life of this Contract, performance satisfactory to the
City Manager or his/her designee shall not have been made, the Contractor upon notification by the City Manager
or his/her designee shall increase the force, tools and equipment as needed to perform this Contract properly. If,
within twenty-four (24) hours of the City's notification, the Contractor shall fail to take measures to increase the
force, tools and equipment as needed to perform this Contract, the City may elect to temporarily hire equipment
and manpower in order to restore the level of service to an acceptable level. The City may claim reimbursement
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of all costs incurred hereunder from the Contractors surety and as otherwise available under lave. The failure of
the City Manager or his/her designee to give such notification shall not relieve the Contractor of its obligation to
perform the work at the time and in the manner specified by this Contract.
Punitive damages may result for non-compliance.
4.03 City Manager or his/her designee Determinations: To prevent misunderstanding and litigation, the City Manager
shall decide any and all questions which may arise concerning the quality and acceptability of the services
performed, the sufficiency and performance, the interpretation of Contract provisions, and the acceptable
fulfillment of this Contract on the part of the Contractor; and the City Manager will determine whether or not the
amount, quantity, character and quality of the Work performed is satisfactory, which determination shall be final,
conclusive and binding upon both the City and the Contractor. The City Manager shall make such explanation as
may be necessary to complete, explain or make definite the provisions of this Contract, and such findings and
conclusions shall be final and binding on both parties. The Contractor may appeal the City Manager's decision to
the City Council.
4.04 Inspection of Work:
a. The Contractor shall furnish to the City Manager or his/her designee or his authorized representative,
every reasonable opportunity for ascertaining whether or not the work as performed is in accordance with
the requirements of this Contract.
b. The Contractor shall designate, in writing, the person to serve as its agent and liaison between its
organization and the City.
C. The City Manager or his/her designee may appoint qualified person(s) to inspect the Contractor's
operation and equipment at any reasonable time, and the Contractor shall admit authorized
representatives of the City to make such inspections at any reasonable time and place.
4.05 Taxes: The Contractor shall pay ail Federal, State and local taxes and fees including, but not limited to, sales tax,
social security, workers' compensation, unemployment insurance and other required taxes and fees which may
be chargeable against labor, material, equipment, real estate and any other item necessary to and in the
performance of this Contract.
4.05 Franchise Fees: There shall be a 10% (ten percent) franchise fee paid to the City in monthly installments
for the duration of this Contract. Said franchise fee shall be based upon all gross revenues billed by the
Contractor. Gross revenues that are derived from the collection, transportation and disposal of refuse, solid
waste, yard waste, white goods, recyclables, delivery fees, equipment rentals, equipment leases and all other
charges made by the Contractor.
The Contractor hereby agrees to said franchise fees.
4.07 City Not Liable For Delays: It is expressly agreed that in no event shall the City be liable or responsible to the
Contractor, or to any other person, on account of any stoppage or delay in the work herein provided for, by
injunction or other legal or equitable proceedings brought against the Contractor, from, by, or on account of any
delay from any cause over which the City has no control.
4,08 Breach of Contract: It shall be the right of the City Manager and any official of the City which he may designate to
observe closely the solid waste collection, transportation, and disposal operations and if, in the opinion of the City
Manager, there has been a breach of contract, the City Manager shall notify the Contractor, in writing, specifying
the manner in which there has been a breach of contract. If, within a period of seven (7) days, the Contractor has
not eliminated the condition considered to be a breach of contract, the City Manager shall so notify the City
Council and a hearing date shall be set within fifteen (15) days of such notice.
At that time, the City Council shall hear the Contractor, and the City representatives and shall make a
determination as to whether or not there has been a breach of contract, and shall direct what further action shall
be taken by the City, as hereinafter provided. Any lesser remedial action than cancellation shall not waive the
City's right to further remedial action. The City Manager or his/her designee may assess liquidated damages of
$1,000 per day of breach not as a penalty, but as a good faith effort to ascertain and provide for damages that are
for failure to perform under this Contract. Such assessments may be appealed to the City Council within seven
(7) days of being assessed for nonperformance. Decisions of the City Council shall be final. In the event of a
default described herein, the Contractor shall be liable to the City for all damages including, but not limited to,
reasonable attorneys fees and Court costs. Repeated failure to perform as required by this Contract or repetitive
defaults of similar nature shall be ground's for the City to terminate this Contract. The City may, notwithstanding
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any other provisions of this Agreement, elect to proceed with any legal remedy available to it under the provisions
of applicable law in the event of a breach of contract.
4.09 Right to Require Performance: The failure of the City at any time to require performance by the Contractor of any
provisions hereof shall in no way affect the right of the City thereafter to enforce same. Nor shall waiver by the
City of any breach of provisions hereof taken or held to be a waiver of any succeeding breach of such provision or
as a waiver of any provision itself.
SECTION 5. QUALITY OF SERVICE
5.01 Character of Workers and Equipment: The direction and supervision of solid waste collection, transportation, and
disposal shall be by competent, qualified, sober personnel, and the Contractor shall devote sufficient personnel,
time and attention to the direction of operations to assure performance satisfactory to the City. All Subcontractors,
Superintendents, Foremen and Workers employed by the Contractor shall be careful and competent. Any
employee of the Contractor who acts in an improper fashion, or is incompetent or negligent or is disorderly,
dishonest, intoxicated, blasphemous, obscene or grossly discourteous shall be removed from service to the City
upon receipt by the Contractor of a written request from the City Manager that such action be taken.
5.02 Cooperation of Contractor Required: The Contractor shall cooperate with authorized personnel and
representatives of the City in every reasonable way in order to facilitate the progress of the work contemplated
under this Contract. The Contractor shall have at all times a competent and reliable representative authorized to
take orders and to act on its behalf.
a. The Contractor shall ensure that its employees serve the public in a courteous, helpful and impartial
manner.
b. The Contractor's employees collecting garbage shall follow the regular walkway for pedestrians while on
private property. No employee shall meddle with property that does not concern them. Care shall be
taken to prevent damage to property, such as shrubs, flowers and other plants.
C. After emptying containers, employees shall return them to the same location from which they were taken,
and anything spilled shall be picked up immediately by such employee.
5.03 Handling Complaints: The Contractor shall perform a service of high quality and keep the number of complaints
to a minimum. In order that the City may be informed of the quality of service, the Contractor shall furnish at a
minimum one (1) employee with a telephone and arrange the handling of complaints in substantially the following
manner: All complaints, whether received in person, by mail, e-mail or telephone, shall be recorded. Complaints
received before 12:00 noon each day shall be serviced before 5:00 p.m. that day. Complaints received after
12:00 noon shall be serviced before 12:00 noon the following calendar day. Each complaint shall be considered
legitimate unless challenged by the Contractor.
Legitimacy of challenged complaints shall be determined on the basis of a joint inspection by a representative of
the City and representative of the Contractor within five (5) days after submittal of such disagreement. Disputes
shall be referred to the City Manager or his/her designee and his decision shall be final. The Contractor shall
maintain accurate and complete records of all notices or complaints received by the Contractor. The Contractor
shall provide and utilize, in conjunction with the City, a web -based complaint and tracking system. The City will
have final approval before the tracking system is implemented. The Contractor shall provide the City Manager
with one (1) two (2) -way phone/radio for direct communication with the route supervisor and a 24 hour per day
mobile phone number for contract manager.
5.04 Performance Measures: It is the intent of the City to ensure that the Contractor provides a quality level of Solid
Waste Collection, Transportation, and Disposal Services, All complaints received by the City and reported to the
Contractor shall be promptly resolved. The City will notify the Contractor in writing of the violation and the
Contractor will have twenty-four (24) hours to correct the violation as stated in paragraph 5.03. In the event the
violation has not been corrected with the specified time limits, liquidated damages shall be assessed as identified
in Exhibit 11. The City may assess and invoice for payment of liquidated damages pursuant to the above schedule
on a monthly basis during the term of this Contract and will deduct such liquidated damages from the payment of
the residential collection services for the corresponding month in which the charge was imposed. Contractor shall
be required to place repeated complaints on a monitored stop list for 90 days at the City's request. Units with
monitored stops shall have all services or non -services recorded at time of service in web -base or Contractor
shall be assessed liquidated damages and remediate within 12 hours.
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5.04 Guarantee of Performance: The Contractor shall deposit with the City a performance bond from an acceptable
surety licensed by the State of Florida, securing the City in an amount of not less than fifty percent (50%%) of the
amount of the basic residential customer rate per year multiplied by the total number of residential customers to
be serviced, which surety shall be as a guarantee to the City of faithful performance of the contract for the first
year of operation. The amount of the performance bond shall be adjusted in accordance with this provision
annually on October 1S` of each year and not less than 25%.
5.05 Office Hours: Contractor shall operate a manned complaint center which shall be open during ail hours of
residential collection. Said office shall comply with Section 5.03 of this Contract at all times. No
mechanical/electronic substitution shall be permitted nor shall the use of an answering service be permitted in
place of Contractor personnel during times of residential service routes.
SECTION 6. EQUIPMENT
6.01 Type: The Contractor agrees at the start date of this contract that all primary equipment used to provide the
services as per the contract within the City will be new. Back up equipment is not required to be new. The
Contractor shall during the term of this contract, use vehicles, one (1) per route, with equipment used during the
first year of the contract to be model year 2009 or newer. During the second year of the contract, all primary
equipment used to provide the contract services shall not be more than one year old. In the third year of the
contract, the primary equipment will not be more than two years old. The age of the primary equipment used in
providing the contract services shall be determined further each year of the contract on a descending basis for
years 4 through 7. All equipment must be maintained and freshly painted, with bodies which are water tight to a
depth not less than eighteen (18) inches, with solid sides, using pneumatic tires. All vehicles shall be equipped
with operational radio transceiver capable of communicating with the Contractors dispatcher from anywhere
within the City of Cape Canaveral.
Collection vehicles shall be designed for recyclables and have separate compartments into which the different
recyclable materials may be placed. Prior to purchasing equipment, it shall be the responsibility of the Contractor
to determine the available space, turning radius, ceiling heights, etc. of the likely buyers or processors of the
recyclable materials. Replacement and additional vehicles shall be comparable equipment unless otherwise
agreed by the City. Such reserve equipment shall correspond in size and capacity to the equipment used by the
Contractor to perform the contractual duties.
Amount: The Contractor shall provide sufficient equipment, in proper operating condition, so regular schedules
and routes of collection can be maintained. This will include a vehicle for the supervisor overseeing the City
operations, a "rat pack" or other small vehicle with a lift assembly to service areas inaccessible to the larger
equipment and one (1) "clam" shell truck available to the City at all times.
6.02 Condition: Equipment is to be maintained in a reasonable and safe working condition. Equipment is to be painted
uniformly, the company name, telephone number, and the number of the vehicle printed in letters not less than five
(5) inches high on each side of the vehicle. Vehicles shall be numbered and a record kept of the vehicle to which
each number is assigned. No advertising other than Contractor's standard company logo shall be permitted on
vehicles, toters, dumpsters, or roll off containers servicing Cape Canaveral. A sign saying "Serving the City of
Cape Canaveral" and the type of service being rendered by each collection vehicle shall be displayed on all
collection trucks while operating in the City of Cape Canaveral. The Contractor is required to keep collection
vehicles and commercial containers emptied by mechanical means, cleaned and painted to present a pleasing
appearance. The Contractor shall submit, as part of the proposal, a schedule showing the frequency of the
cleaning and painting of the vehicles. The Contractor shall at the beginning of the seventh month of the contract,
begin a program which will provide for each customer to receive a reconditioned or new container during the
succeeding twelve month period and each twelve month period thereafter. It is the intent of this subsection to
provide each customer who uses a container emptied by mechanical means, a new or renovated container on a
regular schedule. This will include permanent roll off open top containers.
The Contractor will submit to the City representative for the City's approval, a schedule showing how the change -
out of containers is to be accomplished during the contract term.
6.03 Operation: Each non -packer trash vehicle shall be equipped with a cover which may be net with mesh not
greater than one and one-half inches, or tarpaulin, or fully enclosed metal top. Such cover shall be kept in good
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order and used to cover the load going to and from the disposal facility during loading operations or when parked,
if the contents are likely to be scattered if not covered. Vehicles shall not be overloaded so as to scatter refuse;
however, if refuse is scattered from the Contractor's vehicle for any reason, it shall be picked up immediately.
Each vehicle shall be equipped with a spill kit, pitch fork, rake, shovel and broom for this purpose. Safety
equipment is also required, such as a fire extinguisher and reflectors. The City Manager or his designee will have
the authority to spot inspect the equipment during route operations for compliance. The Contractor's vehicles are
not to interfere unduly with vehicular or pedestrian traffic and vehicles are not to be left standing on streets
unattended except as made necessary by loading operations, and shall move with the traffic flow, To the extent
practical, the Contractor shall avoid pickup on major travel ways during the morning and evening rush hours.
SECTION 7. WORKING CONDITIONS
7,01 The Contractor shall comply with all applicable State and Federal laws relating to wages, hours and all other
applicable laws relating to the employment or protection of employees, now or hereafter in effect.
7.02 The Contractor is required and hereby agrees by acceptance of this Contract to pay all employees not less than
the Federal minimum wage and to abide by other requirements as established by the Fair Labor Standards Act,
as amended from time to time.
7.03 No person convicted of a crime(s) and/or repeated non -criminal violations of traffic laws which demonstrate a
propensity to unfaithfully fulfill the duties of employment such as, but not limited to, larcenous activity, aggravated
battery or other violence, those relating to the operation of motor vehicles, and any crime for which civil rights
have been removed within two (2) years of the date of service to the City shall be employed by the Contractor.
SECTION 8. DISPOSAL OF SOLID WASTE AND RECYCLABLE MATERIALS
8.01 Location: All solid waste, yard trash and recyclable materials collected shall be transported to the Brevard County
designated disposal or recycling facility. Recyclables shall consist of a minimum of all Florida State designated
recyclables. Additionally, Contractor shall collect all additional recyclable materials accepted at the designated
recycling facility for processing in a single stream recycling unless authorized in bid or by the City Manager or
his/her designee:
Fiber
Newspaper
White & Mixed office paper
Corrugated cardboard containers
Junk Mail
Paperboard cartons
Magazines/Phonebooks
Containers
Aluminum cans, foil, pie plates
Plastic bottles, coded (1) & (2)
Glass bottles (green, blue, clear or amber)
Steel/tin cans, empty aerosol cans
SECTION 9. COMPLIANCE WITH LAWS AND REGULATIONS
The Contractor hereby agrees to abide with all applicable Federal, State, County and local laws and regulations.
The Contractor and its surety shall indemnify, save harmless and defend the City, all its officers, representatives,
agents and employees against any claim or liability arising from or based on the violation of any such laws,
regulations, ordinances, order of decree, whether by the Contractor, its officers, employees, agents or its
subcontractors.
SECTION 10. REPORTS OF OPERATIONS
Annual Financial Report: At Contractor's expense, for the term of this Agreement, annual audits shall be made by
an independent auditor actively licensed as a Certified Public Accountant. Such audits shall set forth a statement
of gross receipts of the Contractor, and a statement of the expenses incurred with sufficient detail to indicate the
origin of such expenses. Said Annual Financial Report shall be submitted to the City at the close of the
Contractor's fiscal year.
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SECTION 11, PUBLIC RECORDS/AUDITS
Contractor shalt maintain books, records, documents, time and costs accounts and other evidence directly related
to its performance of services under this Agreement. The City, or any of its duly authorized representatives, shall
have access within twenty-four (24) hours notice to such books, records, documents, and other evidence for
inspection, audit and copying. Copying of the Contractor's books, records, documents, time records and cost
accounts and other evidence shalt be at the Contractor's expense. The Contractor shall maintain and allow access
to the records required under this Section for a period of five (5) years after the completion of the services
provided under this Agreement and date of final payment for said services, or date of termination of this
Agreement. The City may perform, or cause to have performed, an audit of the records of Contractor before or
after payments to support payments. This audit shall be performed at a time mutually agreeable to Contractor
and the City subsequent to the close of a Contract year. In the event of any audit or inspection conducted reveals
any overpayment by the City under the terms of the Agreement, the Contractor shall refund such overpayment to
the City within thirty (30) days of notice by the City of the request for the refund, and the City shall pay for the cost
of the audit. The Contractor agrees to fully comply with all State laws relating to public records to include, but not
be limited to, Chapter 119, Florida Statutes, and Article I, Section 24 of the Constitution of the State of Florida.
SECTION 12. INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance required under
this contract and such insurance coverage has been approved by the City Treasurer of the City of Cape
Canaveral, nor shall the Contractor allow any subcontractor to commence work on subcontracts until similar
insurance of the subcontractor has been obtained and approved.
A. COMPENSATION INSURANCE
The Contractor shall provide and maintain during the life of this contract, Workers' Compensation Insurance for all
of his employees, who are employed in connection with the work, and in case the work is sublet, the Contractor
shall require the subcontractor similarly to provide Workers' Compensation Insurance for all the latter's
employees, unless such employees are covered by the protection afforded by the Contractor. In case any class of
employees engaged in hazardous work under this contract are not protected under the Workers' Compensation
Statute, the Contractor shall provide and shall cause each subcontractor to provide adequate insurance coverage
for the workers compensation protection of his employees not under or otherwise protected.
B. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE
The Contractor shall provide and maintain during the life of this contract, at his own expense, such public liability
and property damage insurance, with the City of Cape Canaveral also being named as insured, as shall protect
him and any subcontractor performing work covered by this contract, from claims for property damage, which may
arise from operations under this contract, whether such operations be by himself or by a subcontractor, or anyone
directly employed by the Contractor or subcontractor, and the amount of such insurance shall be as follows:
COMMERCIAL GENERAL LIABILITY INSURANCE
Commercial General Liability Insurance, including coverage for operations, independent contractors,
products -completed operations, contractual, broad form property damage, and personal injury on an
"occurrence" basis insuring the Contractor and any other interests including, but not limited to, any
associated or subsidiary companies involved in the work.
Automobile Liability Insurance which shall insure claims for damages because of bodily injury or death of
any person or property damage arising out of the ownership, maintenance or use of any motor vehicle
used by the Contractor at the site of the project or in any way connected with the work which is the
subject of this agreement. The insurance shall include coverage for owned, hired, and non -owned
vehicles.
THE LIABILITY INSURANCE SHALL NAME THE CITY AS AN ADDITIONAL INSURED.
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The limit of liability shall be a combined single limit for bodily injury and property damage of no less than
$5,000,000. If insurance is provided with a general aggregate, then the aggregate shall be in an amount
of no less than $5,000,000.
C. PROOF OF INSURANCE
The Contractor shall furnish the City Treasurer, prior to the start of any operations under this contract, satisfactory
proof of carriage of the insurance required with an insurance company satisfactory and acceptable with the City.
No policy is acceptable to the City which can be canceled by the insurer in less than ten days after the insured
has received written notice of such cancellation provision of the policy. To be acceptable to the City, each
insurance certificate shall contain a clause substantially as follows:
`The policies referred to herein provide that they cannot be canceled by the insurer in less than thirty (30)
days after the insured has received written notice of such cancellation, and equal notification to the City of
Cape Canaveral.
Should the Contractor fail to provide such insurance, the City may secure the same, the cost of which shall be reimbursed
to the City by the Contractor or monies will be withheld from the monthly invoice to be paid to the Contractor.
SECTION 13. PUBLIC CONVENIENCE AND SAFETY
The Contractor shall at all times observe City ordinances controlling or limiting those engaged in the Work as presently or
in the future enacted. The Contractor and its surety hereby expressly bind themselves to indemnify, save the City
harmless and defend the City from all suits or actions of every name and description brought against said City for or on
account of any injuries (including death) or damages received or sustained by any party or parties from the acts,
omissions or negligence of said Contractor, or his servants or agents, including, but not limited to, subcontractors in doing
the work herein contracted for, by, or in consequence of any negligence in guarding against same, or in any improper
materials or equipment used in its performance, or by or on account of any act or omission of the said Contractor, or on
account of any claims or amounts recovered for infringement of patent, trademark or copyright, or from any claims or
amount arising or recovered under the Workers' Compensation laws. The Contractor hereby covenants not to sue the
City relative to such matters and recognizes that the City has not waived sovereign immunity or its protections under State
law including, but not limited to, the provisions of Section 768.28, Florida Statutes.
SECTION 14, PAYMENTS TO CONTRACTOR
14.01 Payments to Contractor: The City shall pay to the Contractor for services performed as stated bid rates per the
bid form herein per residential service unit per month.
14.02 Payment Schedule: On or before the 25`" day of each month, the City of Cape Canaveral shall remit to the
Contractor the revenues collected in the previous month for services provided by the Contractor pursuant to the
Technical Specifications. The City of Cape Canaveral will retain from such remittance a collection charge per
customer billed and a franchise fee of ten percent (10%) of the gross amount collected. Along with the monthly
remittance, the City of Cape Canaveral will provide a computation of the number of commercial and residential
units collected based on the gross amount collected divided by the rate for commercial and residential units.
The City may provide for offsets consistent with the terms of this Agreement.
A. The Contractor shall certify to the City on the third Friday of each month the number and size of all
customers and containers. The City shall reconcile Contractor's information with the City's records. The
City and Contractor shall make appropriate adjustments to their respective billing and service date
records to reflect those customers and services that should be billed based on the City's reconciliation.
14.03 Cost Adjustments: The Contractor shall have the right to request cost adjustments as described for the
component cost only for Unusual Costs, and Fuel Consumer Price Index (FCPI) as identified in the bid form.
Except for unusual costs, no cost adjustment shall be retroactive.
a. Unusual Costs: The Contractor may petition the City at any time for an additional rate adjustment on the
basis of extraordinary and unusual changes in the costs of operation that could not reasonably be foreseen by a
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prudent operator and which, by all reasonable expectations, will continue for atleast one year, The Contractor's
request shall contain substantial proof and justification to support the need for the rate adjustment. The City may
request from the Contractor, and the Contractor shall provide, such further information as may be reasonably
necessary in making its determination. The City shall approve or deny the request, in whole or in part, within sixty
(60) days of receipt of the request and all other additional information required by the City. Unusual Cost
adjustments shall be specific to only the component(s) that is requested and approved. Unusual costs shall be
paid as one time cost or annual rate effective October 1 of each year.
b. Fuel Adjustment Costs: The City shall adjust payments to the Contractor on an annual basis for either
increase or decrease for the fuel cost to the Contractor for providing the service to the City as per the contract.
The fuel adjustment component (FAC) shall be adjusted on the first anniversary after the start date of the contract
with the base of fuel pricing being set at five (5%) percent above the fuel pricing as per "On Highway Retail Diesel
Price" Lower Atlantic Region, U. S. Department of Energy, Energy Information Administration published on the
Internet at:
http://tonto.eia.doe.govloop/info/wohdo/diesel detail reoort.asp
Example: Fuel cost as per the Internet listing at the start date of the contract:
$4.00 per gallon
5% of rate .20
Base Rate $4.20
1St anniversary price $4.25
Rate increase .05 per gallon
.05 multiplied by the gallons used by Contractor. Each quarter the Contractor shall calculate the adjusted fuel
component price described above and send a letter to the City showing the calculations using the route miles,
route hours and gallons of fuel used to provide the services to the City as per the contract. The Contractor will
break the fuel consumption into components for each service provided: residential garbage, residential yard
waste, residential bulk, residential recycling and commercial. The rate paid to the Contractor will be adjusted by
residential unit counts for residential and commercial will be adjusted by the collected cubic yard price. If the
Contractor fails to notify the City in writing as per the above described format within ten (10) days of the end of
each quarter, the City will not consider the fuel adjustment for that given quarter. The City agrees to adjust the
monthly payments to the Contractor which will reflect the short fall from the previous quarterly fuel reports at the
time of the annual rate adjustment.
SECTION 15, ASSIGNMENT OF CONTRACT AND DISPOSAL OF PROPERTY
The Contractor may not assign this Contract, nor any part of it, without consent of the City Council and payment of an
amount of one-half (1/2) of the performance bond value. The Contractor may dispose of property used in the solid waste
collection, transportation, and disposal operation by immediately substituting additional replacement equipment that must
be at least equal to or upgraded and newer,
SECTION 16. OPERATIONS DURING DISPUTE
In the event the City Council finds that the Contractor has failed or is failing to perform obligations of this Contract, or if a
dispute arises with respect to items of equipment, the City Council may enter a formal finding of that fact upon the minutes
of the duly constituted City Council meeting and send a certified copy of such finding by registered or certified mail to the
Contractor, or have same delivered to the Contractor personally. In such event, the Contractor agrees that the City shall
thereupon be entitled to take over all operations under this Contract, and the Contractor shall cooperate to the extent
necessary to enable the City to do so.
The Contractor expressly recognizes the paramount right and duty of the City to provide adequate solid waste and
recyclable material collection, transportation, and disposal services as necessary governmental functions; and further
agrees in consideration for the execution of this Contract, that in the event the City shall invoke the provisions of this
Section, it will not seek injunctive or other relief in any Court, but will either negotiate with the City for an adjustment on the
34
matter or matters in dispute; or present the matter 'to a, Court of competent jurisdiction in an appropriate suit therefore
instituted.
SECTION 17. INTERPRETATION
This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary arising out of the
Contract will have its venue in Brevard County and the Contract will be interpreted according to the laws of Florida, No
remedy herein conferred upon any parry is intended to be exclusive of any other remedy, and each and every other
remedy given hereunder or now or hereafter existing as law or in equity or by statute or otherwise. No single or partial
exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof.
Waiver of a default shall not be deemed to be a waiver of any subsequent defaults. In any action brought by either party
for the enforcement of the obligations of the other party, the prevailing party shall be entitled to recover reasonable
attorneys fees and court costs. The specific provisions of this Contract shall prevail over the generality of the foregoing.
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RESIDENTIAL SOLID WASTE AND RECYCLABLE MATERIAL COLLECTION SERVICES
(Base Bid Tabulation Sheet)
Description of Bid Item Unit Price
Residential Curbside Garbage Collection twice a week (2 carts) $ Monthly
Collection only
Fuel component: $ Monthly
Residential Curbside Bulk Collection once a week $ Monthly
Collection only
Fuel component: $ Monthly
Residential Curbside Recycling once a week (single stream sort bins) $ Monthly
Collection only
Fuel component: $ Monthly
Residential Curbside Yard Waste Collection once a week $ Monthly
(2 Carts and weekly clam truck pick up)
Collection only
Fuel component: $ Monthly
MONTHLY TOTAL FOR BASE BID COMPONENTS
$
Additional services:
Additional 64 gallon cart (3 carts or more) collection only
$
Monthly/cart
Fuel component:
$
Monthly
$
Total
Additional 96 gallon cart (3 carts or more) collection only
$
Monthly/cart
Fuel component:
$
Monthly
$
Total
Additional Residential Bulk Waste Collection only
$
Each Item
Fuel component:
$
Each item
$
Total
INCLUDE IN TAB -2 OF BID SUBMITTAL
RESIDENTIAL SOLID WASTE AND RECYCLABLE MATERIAL COLLECTION SERVICES
(Alternate 1, Bid Tabulation Sheet)
Description of Bid Item
$
Unit Price
Residential Curbside Garbage Collection twice a week (2 carts)
$
Monthly
Collection only
$
Total
Fuel component:
$
Monthly
Residential Curbside Bulk Collection once a week
$
Monthly
Collection only
$
Total
Fuel component:
$
Monthly
Residential Curbside Recycling once a week (single stream cart)
$
Monthly
Collection only
$
Total
Fuel component:
$
Monthly
Residential Curbside Yard Waste Collection once a week
$
Monthly
(2 Carts and weekly clam truck pick up)
Collection only
Fuel component:
$
Monthly
MONTHLY TOTAL FOR ALTERNATE #1 BID COMPONENTS
$
Additional services;
Additional 64 gallon cart (3 carts or more) collection only
$
Monthly/cart
Fuel component:
$
Monthly
$
Total
Additional 96 gallon cart (3 carts or more) collection only
$
Monthly/cart
Fuel component:
$
Monthly
$
Total
Additional Residential Bulk Waste Collection only
$
Each Item
Fuel component:
$
Each item
$
Total
INCLUDE IN TAB -2 OF BID SUBMITTAL
37
RE81DENTIAL SOLID WASTE AND RECYCLABLE MATERIAL COLLECTION SERVICES
(Alternate 2, Bid Tabulation Sheet)
Description of Bid Item
Residential Curbside Garbage Collection twice a week (2 carts)
Collection only
Fuel component:
Residential Curbside Bulk Collection once a week
Collection only
Fuel component:
Residential Curbside Recycling every other week (single stream cart)
Collection only
Fuel component:
Residential Curbside Yard Waste Collection once a week
(2 Carts and weekly clam truck pick up)
Collection only
Fuel component:
Unit Price
$ Monthly
$ Monthly
$ Monthly
$ Monthly
$ Monthly
$ Monthly
$ Monthly
$ Monthly
MONTHLY TOTAL FOR ALTERNATE #2 BID COMPONENTS $
Additional services:
Additional 64 gallon cart (3 carts or more) collection only
$
Monthly/cart
Fuel component:
$
Monthly
$
Total
Additional 96 gallon cart (3 carts or more) collection only
$
Monthly/cart
Fuel component:
$
Monthly
$
Total
Additional Residential Bulk Waste Collection only
$
Each Item
Fuel component:
$
Each item
$
Total
INCLUDE IN TAB -2 OF BID SUBMITTAL
38
COMMERCIAL SOLID WASTE COLLECTION SERVICES
Per Cubic Yard Collection Rate: collection onfy
Fuel component
Extra Cubic Yard Pick Up Collection
Fuel component
Multi -Family Curbside Garbage Collection twice a week (2 carts per unit)
Fuel component
Multi -Family Per Unit Recycling (single stream carts) collection only
once a week
Fuel component
Multi-Family/Commercial Bulk Item Collection once a week
Fuel component
Multi-Famify/Commercial Bulk Yard Waste collection only — Full clam truck
Fuel component
Multi-Family/Commercial Bulk Yard Waste collection only —'/2 clam truck
Fuel component
Commercial Curbside Garbage twice a week (2 carts) collection only
Fuel component
Roll Off Container Per Pull Charge:
Collection only Fuel component:
Fuel component:
Fuel component:
Fuel component:
Roll Off /Compactor rental or lease fees monthly:
Delivery Charges for all Roll Off Type Containers:
Additional Charges for Commercial Containers:
Wheels on containers $
Locking Bars and/ Locks $
INCLUDE IN TAB -2 OF BID SUBMITTAL
20 Yard
30 Yard
40 Yard
Compactors
15 Yard
20 Yard
30 Yard
40 Yard
39
$ Monthfy
$ Monthly
$ Monthly
$ Monthly
$ Monthly
$ Monthly
$ Monthly
$ Monthly
$ Monthly
$ Monthly
$ per pick up
$ per pick up
$ Monthly
$ Monthly
$ Per Delivery
EXHIBITS
Ml
EXHIBIT I
CITY SOLID WASTE AND RECYCLING (Free Services)
The list of services outlined in this exhibit will be provided to the City free of charge. This list will be updated as
permanent facilities are added to the City facilities. Temporary construction projects are not included in this list.
COMMERCIAL SERVICE
Facilitv
SOLID WASTE FACILITY RECYCLING PROGRAM
Location OTV
Frequencv
City Hall
City Hall Annex
City Library
Community Development
Parks & Recreation
Public Works
Fire Department
Manatee Park
Beach end crossovers.
Johnson Avenue
Lincoln Avenue
Buchanan Avenue
Pierce Avenue
Fillmore Avenue
Taylor Avenue
Polk Avenue
Tyler Avenue
Polk Avenue
Tyler Avenue
Harrison Avenue
Jackson Avenue
Monroe Avenue
Madison Avenue
Jefferson Avenue
Adams Avenue
Washington Avenue
Canaveral Sands
Harbor Heights
105 Polk Ave.
I11 Polk Ave.
201 Polk Ave.
7510 N. Atlantic Ave.
7300 N. Atlantic Ave.
601 Thurm Blvd.
190 Jackson Ave.
701 Thurm Blvd.
Size Frequency QTY Size
Facility Location (QTv Size Freoueney _QT V Size Freguenev
CY& Sponsored SPECIAL EVENTS (Shall include recycling Conlainers per event otganizei)
Art Festival
Community Celebration/Business Expo
Movie in the Park (6/year)
Fail Festival
Reindeer 5K Run
41
EXHIBIT II'
SCHEDULE 4P LIQUIDATED DAMAGES
Reasonable penalties will be included in the contract for non-performance. Examples of the type and extent of the
penalties are shown below, but will be refined and confirmed during contract negotiations.
A. Collection Misses:
1. Failure or neglect to collect properly prepared solid waste, program recyclables, or yard trash from any
curb or City facility or deliver, maintain or replace a bin or cart at those times provided by the resulting
contract. Service issues shall be resolved within twenty-four (24) hours of the day of notification. Each
failure shall result in the imposition of a $50 fine. Each additional twenty-four (24) hours of failure to
resolve after previous notification shall result in the imposition of a $150 charge.
2. If the same premises are missed a second time within ninety (90) days of the first incidence, it shall result
in the imposition of a $100.00 charge. Each additional twenty-four (24) hours of failure to resolve after
previous notification shall result in the imposition of a $250 charge.
3. If the same premises are missed a third time within ninety (90) days of first incidence, it shall result in the
imposition of a $250.00 charge. Each additional twenty-four (24) hours of failure to collect after previous
notification shall result in the imposition of a $500 charge. Referenced premises shall be placed on a
ninety (90) days supervised monitor list and any collection miss shall result in the imposition of a $1000
charge, per incident_
B, Spillage and litter. Failure to complete residential pickup or clean up spilled material from loading and/or
transporting shall result in a $25 per incident, per location charge.
C. Failure to replace any container damage or repair property damage caused by the Franchisee or their personnel
within five (5) business days of notification shall result in a $25 per incident charge. Each additional twenty-four
(24) hour period without replacement shall result in the imposition of a $50.00 charge.
D. Failing to maintain properly licensed vehicle operators shall result in a $100 per incident, per day charge.
E. Failure to maintain office hours as required by this contract shall result in a $250 per incident, per day charge.
F. Failure to maintain a call-in center or complaint database during service routes shall result in a $100 per incident,
per day charge.
G. Failure of personnel to treat customer(s) or their property in a professional manner shall result in a $15 per
incident charge. Failure to follow designated disposal and recycling facility rules and policies may result in
personnel being banned for up to three (3) working days at the facility director's discretion.
H. Failure to maintain equipment in a clean, safe and sanitary manner shall result in a $15 charge per infraction.
I. Chronic equipment problems. Failure or neglect to correct chronic equipment problems (chronic shall mean three
instances of the same or similar problem with equipment trucks within a twelve month period) shall result in the
imposition of a $250 charge for each occurrence after the second.
J. Failure to maintain and/or submit to the City all documents and reports required under the provisions of this
contract shall result in the imposition of a $25 per incident, per day charge.
K. Failure to paint, repaint or display the Franchisee's name and phone number on collection vehicles shall result in
the imposition of $25 charge per incident, per day.
L. Failure to comply with the hours of operation, route supervision or provide 24-hour emergency response contact
and telephone number response as required by this contract shall result in the imposition of a $100 per incident
charge.
M. Failure to deliver, maintain or replace bins or carts or throwing of containers or recycling bins shall result in the
imposition of a $25 per incident, per location charge.
N. Blocking driveways with containers or recycling bins shall result in the imposition of a $25 per incident, per
location charge.
O. Chronic nuisance complaint problems referenced in items J & K. Failure or neglect to correct chronic nuisance
problems (chronic shall mean three (3) or more of the same legitimate complaints within a twelve (12) month
period) shall result in the imposition of a $250 charge for each occurrence after the second.
P. Route Completion. Failure or neglect to complete each route (including missing whole streets) on the regular
scheduled collection day within twenty-four (24) hours of the day of notification shall result in the imposition of a
$500 per route, per day charge for each instance.
Q. Changing routes without proper notification of this contact shall result in the imposition of a $1,000 per route
charge.
R. Mixing Materials. Intentionally mixing yard trash, recyclables or solid waste during collection shall result in the
imposition of a $250 charge for each instance.
S. Disposing at non -Designated Disposal Sites. Failure to dispose of solid waste collected in the service area at the
designated disposal site shall result in $250 charge per incident.
T. Route Schedules/Maps. Failure or neglect to provide current route schedule and maps by October 15th of each
year shall result in the imposition of a $500 charge.
42
U. Failure to collect dead animals, Adopt-A-Road litter bags, event bins, carts or roll-offs from right of ways within
twenty-four (24) hours of notification shall result in the imposition of a $25 charge. For each additional twenty-four
(24) period, a $100 charge shall be assessed for each occurrence.
V. Failure to provide promotional, educational materials and/or advertisements shall result in the imposition of a
$1,000 charge per event.
W. Failure to submit a transition plan, schedule change or audited financial statement by the prescribed date shall
result in a $1,000 charge and $100 per day charge thereafter.
43
EXHIBITIII
(MINIMUM ACCEPTABLE SINGLE STREAM RECYCLING MATERIALS
Steel and Tin Cans. Includes steel and tin cans and empty aerosol cans.
Aluminum. Includes aluminum beverage containers, aluminum foil and aluminum pie plates.
Glass. Clear (flint), brown (amber) and green, blue food and beverage jars and bottles. Paper (abets, rings and lids on
glass containers are acceptable.
PET Plastic Bottles (SPI code No. 1). PET containers, such as beverage bottles, dishwashing soap bottles, shampoo
bottles and similar items.
HDPE Plastic Bottles (SP( code No. 2). Blow molded, closed mouth natural and colored HDPE containers generally
consisting of plastic milk jugs, water bottles, detergent bottles and similar items. Paper labels are acceptable. Rinsed
containers that may have held toxic or contaminated materials are acceptable.
Preparation: Residents shall be asked to rinse the items and remove organics, other contents, labels, lids and plastic
caps, but there is no requirement for these to be removed from Recyclable Containers. Inclusion of organics, caps, lid,
labels and other contents shall not be reason for rejection.
Recyclable Paper consists of the following materials,
ONP. All loose or paper bagged newsprint is acceptable and includes all paper that is distributed with or as part of general
circulation newspapers.
OCC. All loose old corrugated containers that are flattened and either cut down or folded to size, no more than 4' X 4'
flattened and 2' X 2' square. Staples and tape do not have to be removed.
Brown Paper Bags. All loose or bagged Kraft paper sacks used to hold newspaper.
Telephone Books. Old telephone directories.
Magazines. Old magazines including catalogs and similar printed material with glossy pages.
Paperboard. Cereal boxes (without plastic liner), drink boxes, snack boxes, etc. Wax -coated paperboard is acceptable.
Mixed Residential Paper. Mixed paper, including shredded paper, may include all of the following: junk mail, high-grade
paper, white and colored ledger, copier paper, office paper, laser printer paper, computer paper including continuous -
formed perforated white bond or green bar paper, book paper, cotton fiber content paper, duplicator paper, form bond,
manifold business forms, mimeo paper, note pad paper, loose leaf fillers, stationery, writing paper, paper envelopes
including envelopes with plastic windows, carbonless (NCR) paper, tabulating cards, facsimile paper, and manila folders.
Items NOT Accepted for Single Stream Recycling:
Plastic bags
Plastic tubs
Garbage
44
Garbage and Recycle Collection Services
RFP -01-2009
SIGNATURE SHEET
I, the undersigned, do hereby agree to all terms and conditions listed within this formal solicitation,
and will supply all labor, materials, equipment and supplies as required with this specification.
COMPANY NAME:
ADDRESS:
TELEPHONE
ADDENDUM ACKNOWLEDGEMENT
FAX:
The proposer shall acknowledge obtaining all addenda issued to this formal solicitation from the City's web site
by completing the blocks below. Failure to acknowledge all addenda may be cause for rejection of the bid
response.
Addendum No.
Addendum No.
Addendum No.
Addendum No.
AUTHORIZED SIGNATURE:
TITLE:
(print/type name as signed above):
DATE:
Date Issued:
Date Issued:
Date Issued:
Date Issued:
45
STATEMENT OF NO BID
City of Cape Canaveral
City Manager's Office
105 Polk Avenue
Cape Canaveral, FL 32920
We, the undersigned, have declined to bid on your Bid Number RFP -01-2009 Garbage and Recycle
Collection Services - for the following reason(s):
We do not offer this servicelproduct.
.Our schedule would not permit us to perform.
Unable to meet specifications.
Other
We understand that if the Statement of No Bid letter is not executed and returned, our name may be deleted
from the list of qualified bidders of the City of Cape Canaveral.
Company Name
By
Company Address
Telephone Number
Toll Free Number
FAX Number
Date
(Authorized Person's Signature)
(Print or type name and title of signer)
46
DRUG FREE WORKPLACE FORM
The undersigned bidder, in accordance with Florida Statute 287.087 hereby certifies that
does:
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession or, use 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 business'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 under
bid a copy of the Drug -Free statement.
4. Notify the employees that as a condition of working on the commodities or contractual services that
are under bid, employee will abide by the terms of the statement and will notify the employer of any
conviction of, or plea of guilty or no to contendere to, any violation of Chapter 1893 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 business complies fully with the above
requirements.
(Authorized signature)
(Print/type name as signed above)
Cyl
(Date)
NON -COLLUSION AFFIDAVIT OF PRIME RESPONDENT
STATE OF _
COUNTY OF
being duly sworn, deposes and says that:
(1) He/she is of
Title Firm/Company
the respondent that has submitted the attached response.
(2) He/she is fully informed respecting the preparation and contents of the attached solicitation and of all
pertinent circumstances respecting such solicitation.
(3) Such solicitation is genuine and is not a collusive or sham solicitation.
(4) Neither the said respondent nor any of its officers, partners, owners, agent representatives, employees
or parties in interest including this affiant, has in any way, colluded, conspired, or agreed, directly or
indirectly, with any other respondent, firm or person, to submit a collusive or sham response in
connection with the Agreement for which the attached response has been submitted or to refrain from
bidding in connection with such Agreement, or has in any manner, directly or indirectly, sought by
Agreement or collusion or communication or conference with any other responder, firm or person to fix
the price or prices in the attached solicitation or of any other respondent, or to fix any overhead, profit
or cost element of the proposed price or the proposed price of any other responder, or to secure
through any collusion, conspiracy, connivance or unlawful Agreement any advantage against the City of
Cape Canaveral, Florida, or any person interested in the proposed Agreement.
(5) The price or prices quoted in the attached response are fair and proper and are not tainted by any
collusion, conspiracy, or unlawful Agreement on the part of the proposer or any of its agents,
representatives, owners, employees, or parties of interest, including affiant.
(Signed)
(Title)
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this by
who is personally known to me or who has produced
as identification and who did (did not) take an oath.
Notary Public
(Signature of Notary Public)
Name of Notary Typed, Printed or Stamped)
(Commission Number)
48
List a minimum of S references for similar projects and contracts, preferably governmental, which you have completed within the past
3 years. Prefer references close to the City of Cape Canaveral, Florida location in the event a site visit is in order.
CUSTOMER NAME:
ADDRESS:
TELEPHONE:_ ,.............. _ _.....a._ FAX:
CONTACT NAME:
DATE OF COMPLETION OF PROJECT:
ORIGINAL AMOUNT OF PROJECT: $
ENDING AMOUNT OF PROJECT: $
CUSTOMER NAME:
ADDRESS:
TELEPHONE: ��_ FAX:
CONTACT NAME:
DATE OF COMPLETION OF PROJECT:
ORIGINAL AMOUNT OF PROJECT: $
ENDING AMOUNT OF PROJECT: $
CUSTOMER NAME-
ADDRESS:
AME:ADDRESS:
TELEPHONE: LFAX: (�
CONTACT NAME:
DATE OF COMPLETION OF PROJECT:
ORIGINAL AMOUNT OF PROJECT: S
ENDING AMOUNT OF PROJECT: $
CUSTOMER NAME:
ADDRESS:
TELEPHONE: �_. FAX: 4- ........)
CONTACT NAME:
DATE OF COMPLETION OF PROJECT:
ORIGINAL AMOUNT OF PROJECT: $_
ENDING AMOUNT OF PROJECT: $_
CUSTOMER NAME:
ADDRESS:
TELEPHONE: L ) FAX:
CONTACT NAME:
DATE OF COMPLETION OF PROJECT:_ ..............
ORIGINAL AMOUNT OF PROJECT: $
ENDING AMOUNT OF PROJECT: $
My company has been in this type of business for __ years
State License Number:
49
expires:
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(A).
FLORIDA STATUTES ON PUBLIC ENTITY CRIME
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
This sworn statement is submitted to
M
(prin(this individual's name and title)
for
(print name of entity submitting statements)
whose business address is
and if applicable whose Federal Employer Identification Number (FEIN) is
If the entity has no FEIN, include the Social Security Number of the individual signing this sworn Statement:
2. l understand that a "public entity crime" as defined in paragraph 287.133(1)(a), Florida Statutes, mean a
violation of any state or federal law by a person with respect to and directly related to the transactions 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 or contract for goods or services to be provided to any public
entity or any agency or political subdivision of any other state or of the United States and involving antitrust,
fraud, (hell, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
I understand that "convicted" or "convection" as defined in Paragraph 287.133(1)(b), Florida Statutes means
a finding of guii( or a conviction of a public entity crime, with or without 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.
I understand that an "affiliate" as defined in paragraph 287.) 33(1)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of public entity crime; or
2. An entity under the control of any natural person who is active in the management or 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 facie case that one person controls another person. A person who knowingly enters into a joint
venture with a person who has been convicted of a public entity crime in Florida during the preceding 36
months shall be considered an affiliate.
5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United Slates with the legal power to enter
into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let
by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term
"Person" includes those officers, executives, partners, shareholders, employees, members, and agents who are
active in management of an entity.
6. Based on information and belief, the statement which 1 have marked below is true in a relation to the entity
submitting this sworn statement. (Please indicate which statement applies).
0 Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, or any
affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months.
❑ The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, or an
affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months.
AND (Please indicate which additional statement applies).
❑ The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of (lie entity, or
agents who are active in the management of the entity, or an affiliate of the entity has been charged with and
convicted of a public entity crime within the past 36 months. However, there has been a subsequent
proceeding before a Hearing Officers of the State of Florida, Division of Administrative Hearings and the
Final Order by the Hearing Officer determined that it was not in the public interest to place the entity
submitting this sworn statement on the convicted vendor list. (Attached is a copy of the final order).
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR
THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THE PUBLIC ENTITY
ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR
IN WHICH IT IS FILED AND FOR THE PERIOD OF THE CONTRACT ENTERED INTO, WHICHEVER
PERIOD IS LONGER. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC
ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT
PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE
IN THE INFORMATION CONTAINED IN THIS FORM.
(Signature)
City of ...........
STATE OF FLORIDA
Sworn and subscribed before me this day of _ ....... , 200 by
who is Personally known to me
Or who produced identification -
(Type of Identification)
(Signature) Notary Public—State of Faorida
(Printed, typed or stamped commissioned name of notary public)
My commission expires (SEAL)
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: May 19, 2009
Subject: Consideration: Approval of Oral History Project Change Order in
the amount of $12,000
Department: Administration/City Manager
Summary:
As a result of the April 7th workshop meeting with David Stanley, Producer, DA1Vid
Productions, council gave tentative approval of the additional work for Tasks #2 and #3
as outlined in the attached change orders.
Mr. Stanley will submit an updated production cost and schedule. He will be in
attendance to answer any questions you may have.
Requested Council Action: _._.
City Council approve Change Orders #2 and #3 totaling $12,000 bringing the total video
project cost to $33,000
Financial Impact: _.....umITITITITIT
$12,000 to be appropriated from General Fund Reserves
Attachments: xo Supporting Documents Reviewed
Change Orders #2 and #3
Service Contract with DA1Vid Productions
Submitting Department Head: __........ Date:
Approved by City Manager: Date:
City Council Action: [ edat-Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
cape-ntWm\mydocuments\admin\council\meeting\2009\05-19-09\history.doc
City Of Cape Canaveral Oral History Project
ACCT#001-001-51 l -480000 P040000064.
Change Order for TASK 0,
Council Members and City Residents of Cape Canaveral,
This letter is to request a change order for Task #2 in the Oral History Project.
The original estimate for this task was to gather 10 hours of footage including interviews
and supporting footage. We have far exceeded those hours and at present DA\Vid
Productions has captured a total of 28 hours of total interviews.
I am requesting addition funds to be able to acquire 3 more interviews to fill in the gaps
in this historical presentation.
The interviews I would like to capture are:
Joan Calvert - Past Council Person
)oy Salarnone _ Past Council Person and Mayor
John Pekar - Engineer with Stottler Stagg and Long time Cape Canaveral Resident.
I believe these interviews are very important to this project.
1 also would like to shoot additional footage of the city to better visualize the historical
stories that are being told. f had planned on using pan of the original budget for Task #2
to cover that expense but with the amount of interviews shot I am requesting additional
funds for these activities as well.
I have estimated that this cost would be in the range of $1500.00 to $2000.00 for Task P2.
Sincerely,
David Stanley
Producer
DMVid Productions
457 Skylark Blvd.
Satellite Beach, Florida 32937
City Of Cape Canaveral Oral History Project
ACCT#00 t -001-511-480000 P040000064.
Change Order for TASK #3.
Council Members and City Residents of Cape Canaveral,
This letter is to request a change order for Task 43 in the Oral History Project.
The original estimate for this task was to edit 10 hours of footage including interviews
and supporting footage_
We have far exceeded those hours and at present DA\Vid Productions has captured a total
of 28 hours of total interviews and 5 hours of supporting footage.
I am requesting addition funds to be able to complete this project.
The amount of subject matter and extent of your cities history has defined the scope of
this project. As ) discussed in the workshop on April 7`h, you have an opportunity to give
your community a great historical project visually, informatively and extremely
entertaining as well.
DA\Vid Productions will continue to work on the specific subject matter pertaining to the
city and its historical data. Because of the scope and depth of the historical significance
your city has to the area known as Cape Canaveral that scope and depth could add
significant historical value to your cities history.
1 have estimated that the cost to complete this video could range from $8,000 to $12,000
for completing Task 43.
This estimate is based on my original estimate:
10 hours of footage shot @ 14,000.00 Median (estimate 7,000 — 21,000) to shoUedit into
final project = Cost per Hour of footage shot 1400.00.
28 hours of footage shot cr 1400.00 Cost per Hour of Footage Shot = $39,000.00.
Task # 1 $5000.00
Task #2 $6000.00 + 2000.00 = $8000.00
Task #3 $10,000.00 + $10000 -� $20,000.00
Total cost $33,000.00
Sincerely,
David Stanley
Producer
DA\Vid Productions
457 Skylark Blvd.
Satellite Beach, Florida 32937
PROFESSIONAL SERVICES AGREEMENT
(Cape Canaveral Oral History Project)
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into this
A day of Aqhy S 7— 2008, by and between DAVID ALAN STANLEY, an
individual, d/b/a under the fictitious name of DAVID PRODUCTIONS, ("Consultant"), whose
principle mailing address is 457 Skylark Boulevard, Satellite Beach, Florida, 32937, and THE CITY
OF CAPE CANAVERAL, a Florida municipal corporation, ("City"), whose principle mailing
address is 105 Polk Avenue, Cape Canaveral, Florida, 32920.
WITNESSETH:
WHEREAS, a Request for Proposal was conducted by the City on May 29, 2008 for the
Cape Canaveral Oral History Project ("Project"), and
WHEREAS, at a public meeting on July 15, 2008 the City Council awarded the Project to
Consultant; and
WHEREAS, the City and Consultant desire to memorialize the terms and conditions of the
services to be provided as set forth in this Agreement; and
IN CONSIDERATION of the mutual covenants and provisions hereof, and other good and
valuable consideration, the receipt and sufficiency all of which is hereby acknowledged, the parties
desiring to be legally bound do hereby agree as follows:
1.0 Recitals, The foregoing recitals are true and correct and are hereby incorporated herein by
this reference.
2.0 Definitions. For purposes of this Agreement, the following terms and words shall have the
meaning ascribed to them, unless the context clearly indicates otherwise.
Agreement shall mean this Professional Services Agreement, as may be modified, which
shall constitute authorization for the Consultant to provide the Services stated herein to the
City.
City means the City of Cape Canaveral, Florida, a Florida municipal corporation.
Consultant -shall mean David Alan Stanley, an individual doing business under the fictitious
name of DANid Productions.
Effective date shall be the date on which the last signatory hereto shall execute this
PROFESSIONAL SERVICES AGREEMENT
Cape Canaveral Oral History Project
City of Cape Canaveral/ David Stanley Wa DANid Productions
Page 1 of 9
Agreement, and it shall be the date on which this Agreement shall go into effect.
Project shall mean the Cape Canaveral Oral History Project, and all phases therein
authorized by the City.
Public Record is as described in section 119.011(11), Florida Statutes.
Services shall mean the performance of the Services outlined in Section 5.0 of this
Agreement.
3.0 Engagement. The City hereby engages the Consultant and the Consultant agrees to perform
the Services outlined in this Agreement for the compensation stated herein, No prior or present
agreements or representations shall be binding upon any party hereto unless incorporated in this
Agreement.
4.0 Term; Termination.
4,1 Term This Agreement shall become effective upon execution by both parties hereto
and shall remain in effect until Consultant completes the Services outlined herein in Section
5.0 to the satisfaction of the City or terminated pursuant to paragraph 4.2.
4.2 Termination.
4.2.1 For convenience. The City, in whole or in part, may terminate the
performance of the Services under this Agreement whenever the City determines that
termination is in the City's best interest. Any such termination shall be effected by
the delivery to the Consultant of a written notice of termination at least seven (7)
days prior to the date of termination. The City shall pay all reasonable costs incurred
by Consultant up to the date of termination. Consultant will not be reimbursed for
any anticipatory profits that have not been earned to the date of termination.
4.2.2 For cause. If Consultant fails to fulfill its obligations under this Agreement
properly and on time, or otherwise violates any provision of this Agreement, the City
may terminate this Agreement by written notice to Consultant. The notice shall
specify the acts or omissions relied upon as cause for termination. All finished or
unfinished work provided by Consultant shall, at the City's option, become the City's
property. The City shall pay Consultant fair and equitable compensation for
satisfactory performance prior to receipt of Notice of Termination less the amount
of damages caused by Consultant's breach. If the damages are more than the
compensation payable to Consultant, Consultant will remain liable after termination
and the City may affirmatively collect damages.
PROFESSIONAL SERVICES AGREEMENT
Cape Canaveral Oral History Project
City of Cape Canaveral/ David Stanley d/b/a DA/Vid Productions
Page 2 of 9
5.0 Scope of Services; Time of Performance. Consultant agrees to provide the professional
and technical Services as set forth in Consultant's Proposal for Cape Canaveral's Oral History
Project, attached hereto as "Exhibit A," and fully incorporated herein by this reference. Consultant
agrees that said Services shall be completed in a manner directed by the City Manager or City
Council during the production of the Project. Consultant agrees to report back to the City Council
on a regular basis to provide the status of the Project completed. At such time Consultant shall
receive further direction from the City Manager or City Council in completing the Scope of Services
for the Project. Consultant agrees that the schedule attached in "Exhibit A" entitled "Timeline of
Work," represents a reasonable period of time for Consultant to perform the Services.
6.4 Compensation. For the performance and full completion of the Services specified herein,
City agrees to pay Consultant based on the hourly rate as more particular described and set forth in
"Exhibit A." There shall be no other compensation due to Consultant for the Services provided
under this Agreement, unless specifically agreed to by the City and Consultant, pursuant to Section
17.0 of this Agreement. Additional services may be added at the sole discretion of the City, based
upon a negotiated lump sum fee or hourly rate. Consultant must obtain express written direction of
the City prior to commencing any additional services. Consultant's hourly rates shall be as follows:
Phase of Pmicgl
Hourly Rate in Dollars
Manuscript Development and Research
$65.00
Scheduling Interviews/Meeting with the City
$35.00
2 Camera Recording Interviews in NTSC Standard
Definition
$115.00
2 Camera Recording interviews in HD High Definition
$165.00
Final Cut Editing Suite NTSC SD
$75.00
Final Cut Editing Suite HD
$100.00
Graphic/Special FXIMusic
$50.00
Digital Archiving Historical Data (Transferring
Films/VHS/other material to Final Cut Suite)
$25.00
DVD Authorizing
$50.00
7.4 Proprietary Rights of Produ All rights associated with the ownership, use, publication,
and duplication of the product created pursuant to the Project, in any form, including but not limited
to all electronic DVD, VHS, CD, CD-ROM or print, created and furnished to, or on behalf of the
PROFESSIONAL SERVICES AGREEMENT
Cape Canaveral Oral History Project
City of Cape Canaveral/ David Stanley d/b/a DA/Vid Productions
Page 3 of 9
City, shall be the property of the City and can be used by the City for any municipal purpose.
8.0 Professionalism. Consultant shall perform all Services required by this Agreement in a
manner and with the level of care and skill ordinarily exercised by members of the profession
currently practicing under similar conditions.
9.0 Warranty of Professional Services. The Consultant hereby warrants unto the City that
it has sufficient experience to properly complete the Services specified herein or as may be
performed pursuant to this Agreement. In pursuit of any Services, the Consultant shall supervise
and direct the Services, using its skill and attention and shall enforce strict discipline and good order
among its employees and agents. The Consultant shall comply with all laws, ordinances, rules,
regulations, and lawful orders of any public authority bearing on performance of the Services. The
Consultant shall pay all taxes, fees, 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.
10.0 Services are 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 Consultant is such that the Consultant is an
independent Consultant and is neither an agent nor employee of the City. Nothing in this Agreement
shall be interpreted to establish any relationship other than that of an independent Consultant,
between the City, on one hand, and the Consultant, on the other hand, during or after the
performance of the Services under this Agreement.
11.0 Protection of Persons and Prop: Insurance.
11.1 Coverage requirements. Upon the Effective Date of this Agreement, Consultant shall
provide documentation to the City demonstrating that Consultant maintains the following
types of insurance coverage.
11.1.1 Worker's compensation insurance in accordance with the applicable
provisions of Florida law.
11. 1.2 Professional liability insurance.
11.1.3 Commercial general liability insurance.
11.1.4 Automobile liability insurance.
1.1.2 General requirements. Consultant is solely responsible for procuring and
maintaining theinsurance coverage required by this Section at its own expense and with
PROFESSIONAL SERVICES AGREEMENT
Cape Canaveral Oral History Project
City of Cape Canaveral/ David Stanley d/b/a DANid Productions
Page 4 of 9
insurance companies authorized to do business in the State of Florida and as long as
reasonably available in the standard marketplace. The insurance coverage required by this
Section shall meet the minimum requirements of all applicable laws. 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 will not be
canceled until at least thirty (30) days prior written notice has been given to the City and the
Consultant 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," except with regard to the
workers compensation and professional liability coverage. The Consultant 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 will be canceled without thirty (30) days prior written notice
to the City in compliance with other provisions of this Agreement. For all claims that arise
in connection with this contract, Consultant will pay any insurance deductible for such claim.
For all Services performed pursuant to this Agreement, Consultant shall continuously
maintain such insurance as required by this Section. In the event Consultant fails to maintain
said insurance, City, at its option, may elect to terminate this Agreement without penalty by
written notice to Consultant.
12.0 Indemnification and Hold Harmless. For all Services performed pursuant to this
Agreement, Consultant agrees, to the fullest extent permitted by law, to indemnify and hold harmless
the City and its employee, officers, and attorneys from and against all claims, losses, damages,
personal injuries (including but not limited to death), copyright infringement, or liability (including
reasonable attorney's fees), directly or indirectly arising from the negligent acts, errors, omissions,
intentional or otherwise, resulting from Consultant's performance of any Services provided pursuant
to this Agreement. The obligations arising under this paragraph 12.0 shall survive the expiration or
termination of this Agreement, as to claims or causes of action and liabilities, expenses, costs,
damages, reasonable attorneys fees, fines, and penalties of every kind incurred or suffered by the City
as a result thereof, based upon events arising prior to the date of termination of this Agreement.
13.0 Governing Law; Venue. This Agreement shall be governed by the laws of the State of
Florida. Venue of all disputes shall be properly placed in Brevard County, Florida. The parties agree
that 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 will be Orlando,
Florida.
14.0 Notices. All projects hereunder, 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:
PROFESSIONAL SERVICES AGREEMENT
Cape Canaveral Oral History Project
City of Cape Canaveral/ David Stanley d/b/a DA/Vid Productions
Page 5 of 9
To City:
Bennett Boucher, City Manager
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32920
(321) 868-1230 (Phone)
w/copy to:
Anthony A. Garganese, City Attorney
Brown, Garganese, Weiss, & D'Agresta, P.A.
P.O. Box 2873
Orlando, FL 32802-2873
(407) 425-9566 (Phone)
(407) 425-9596 (Fax)
To Consultant:
David Alan Stanley, Owner
DANId Productions
457 Skylark Blvd.
Satellite Beach, Florida 32937
(321) 431-8394 (Phone)
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, postage prepaid, 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.
15,0 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 Consultant related,
directly or indirectly, to this Agreement and the Services provided hereunder, may be deemed to be
a Public Record whether in the possession or control of the City or the Consultant. Said record,
document, computerized information and program, audio or video tape, photograph, or other writing
of the Consultant 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 Consultant
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 reasonabletimes
during the normal working hours of the Consultant be open and freely exhibited to the City for the
purpose of examination and/or audit.
PROFESSIONAL SERVICES AGREEMENT
Cape Canaveral Oral History Project
City of Cape Canaveral/ David Stanley d/b/a DA/Vid Productions
Page 6 of 9
16,0 Interoretakion. Both the City and the Consultant have participated in the drafting of all
parts of this Agreement. As a result, it is the intent of the parties that no portion of this Agreement
shall be interpreted more harshly against either of the parties as the drafter.
17.0 Modification of Agreement. This Agreement shall not be modified or amended except by
written agreement duly executed by both parties hereto (or their successors or assigns) and approved
by the City.
18.0 Severability. If a word, sentence, phrase, clause or paragraph herein shall be declared
illegal, unenforceable, or unconstitutional, the said word, sentence, phrase, clause or paragraph shall
be severed from this Contract, and this Contract shall be read as if said illegal, unenforceable, or
unconstitutional word, sentence, phrase, clause or paragraph did not exist.
19.0 Additional Assurances. The Consultant certifies that:
20.1 No principal (which includes officers, directors, or executive) or individual holding
a professional license and performing Services under this Agreement is presently debarred,
suspended, proposed for debarment, declared ineligible or voluntarily excluded from
participation in any Services required by this Agreement by any Federal, State, or local
governmental comrnission, department, corporation, subdivision, or agency;
20.2 No principal (which includes officers, directors, or executive) or individual holding
a professional license and performing Services under this Agreement, employee, or agent has
employed or otherwise provided compensation to, any employee or officer of the City; and
20.3 No principal (which includes officers, directors, or executive) or individual holding
a professional license and performing Services under this Agreement, employee or agent has
willfully offered an employee or officer of the City any pecuniary or other benefit with the
intent to influence the employee or officer's official action or judgment.
20.0 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.
21.0 Entire AEreement. 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.
22.0 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, the City shall not be liable under this Agreement for
PROFESSIONAL SERVICES AGREEMENT
Cape Canaveral Oral History Project
City of Cape Canaveral/ David Stanley d/b/a DA/Vid Productions
Page 7 of 9
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). This
paragraph shall survive termination of this Agreement.
23.0 Assignment Neither party hereto may assign, convey, or otherwise transfer any of its rights,
obligations or interest herein without the prior written consent of the other party.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their duly authorized representatives as of the date first written above.
7U-V
MESSES:
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Print N e: �h c
Print Name:
CONSULTANT:
DAVID ALAN STANLEY, d/b/a
DAVID PRODUCTIONS
B
D id Alan Staley, weer
PROFESSIONAL SERVICES AGREEMENT
Cape Canaveral Oral History Project
City of Cape CanaveraU David Stanley d/b/a DA/Vid Productions
Page 8 of 9
CITY:
CITY OF CAPE CANAVERAL, FLORIDA
a Florida municipal corporation.
B
nne er, City Manager
PROFESSIONAL SERVICES AGREEMENT
Cape Canaveral Oral History Project
City of Cape Canaveral/ David Stantey d/b/a DA/Viid Productions
Page 9 of 9
Request for Proposal
No. 08-03
City of Cape Canaveral -Oral History Project
DA1Vid Productions
David Stanley
Owner/Producer/Director
457 Skylark Blvd-
Satellite
lvdSatellite Beach, FL 32937
321-431-8394
_Letter of Transmittal
DA1Vid Productions is submitting this proposal to the City of Cape Canaveral for
its Oral History Project. In this proposal, we will explain in detail the elements involved
in creating and producing bistorical content for and about the City of Cape Canaveral.
We will work with the city to develop a manuscript with a timeline specific to the
cities historical events, dating back to before 1963 to present time. The city will provide a
point of contact for approving change requests and/or new material throughout the
duration of the project. It is our intent to provide you the technical, creative, professional
video expertise needed to produce a quality product that exceeds your expectations. We
will deliver a storyline that entertains, educates and recounts your city's history told by
key residents in your community.
The cost to develop a manuscript, with city approval, is estimated at $2,000 to
55,000, depending on the complexity and approval process. (Reference Cost Proposal)
The cost of capturing interviews for digital archiving is estimated at $1,800 to
$6000, depending on the number of interviews and format used. (Reference Cost
Proposal)
The cost to produce a video presentation, which will incorporate interviews from
notable residents along with historical highlights about the city, is estimated at $3,000 to
$10,000. Again, is all dependent on the scope of the project and the availability of all the
resources required to complete this project on time and to your satisfaction!
Establishing a good line of communication and recurring meetings will ensure
that we will remain on task and true to our timeline. DANid Productions thanks you for
the opportunity to present our proposal.
Sincerely,
David Stanley
Request for Proposal
No. 08-03
DA\Vid Productions Profile & Qualifications
DA\Vid Productions is an experienced multi -media company. David Stanley has
over 20 years experience in producing television programming, corporate videos and
employee training content for NASA's Space Program at the Kennedy Space Center. Mr.
Stanley received his Bachelors Degree in Broadcast Communications from the University
of Central Florida,
DANid Productions recently completed the 50'h Anniversary DVD for the City of
Satellite Beach. They received similar services to produce a project that exceeded their
expectations. We can eliminate extra work and time by streamlining this process for your
city due to the lessons teamed from this recent effort. We are experienced in producing
this type of content as well as being extremely knowledgeable on the milestone
developments of Brevard County as well as NASA's 50`h Anniversary being celebrated
this year.
DA\Vid Productions is a small company that prides itself on quality and cost
effective video productions. We are committed to detail and accuracy but at the same
time delivering an entertaining and enjoyable historical presentation.
We are the most affordable choice because we are a small business that requires
little to no outsourcing. We do not have numerous employees on our payroll or elaborate
facilities to maintain. We use a vast pool of talent right here in Brevard County. In the
event we don't have the expertise to handle all the aspects of you project in house, we
simply call on those local professional to assist as needed. This reduces the cost to our
customers by keeping our overhead to a minimum, while still providing the quality and
expertise for each specific project.
Ggtheriag Historical Data
T`he Manuscript
We believe that appropriate pre -production is necessary to providing a
quality video product. These pre -production elements will save you time and money
though out the manuscript and video process. Developing the manuscript for the city will
determine the complexity of this project. The manuscript will direct the production
towards the key figures to interview and the significant historical elements about the city.
We will need to determine through the manuscript, `what is a significant event" and
"what is an event to highlight." The City will need to provide an individual or point of
contact that will aid DA\Vid Productions in determining these questions.
An outline on the specific events in your cities history needs to be developed that
provides a comprehensive plan of the cities developmental changes and the role of key
founding residents. DA\Vid Productions will need information about the city and archival
data to help the city lay out this significant timeline, This process would include
preliminary meetings with the city until this timeline meets these objectives.
Preliminary meetings will need to be held to determine the complexity and scope
of this project. Once the historical data is determined then we can focus on how to
creatively and accurately tell the story.
2
Research of Events and Material
While the manuscript and timeline are being developed we will begin to research
the events that are beginning to take center stage. These events ultimately will hold some
valuable old documents, photos, film, memorabilia, newspaper articles etc. Research of
this material will need to be transferred digitally for use in the final project. This may
also help to determine our historical manuscripts content before it is finalized_
The Interview Process
The key residents need to be determined and where they fit into the cities
historical timeline. These Key residents will be determine through researching the cities
history and locating those specific individuals. Once the manuscript is completed we can
construct a set of questions for each of the individuals to be interviewed_ Interviews
should be set up in a few days so that cost is minimized An aggressive schedule would
have 5-10 people per day on the schedule. It is always preferred to have an extra day to
acquire interviews from those who may not be able to make our schedule or have special
needs that we will need to accommodate.
Request for Information
Each of the key persons interviewed should be asked about any historical material
or information at that time. This material may be able to be used and archived for the
city. We will make follow up calls to pursue any new material.
Video Format and Presentations
DA1Vid Productions recommends recording these key interviews in HD (high
definition). The final project should be achieved and edited in widescreen 16 by 9 format.
The DVD should be created with the option for standard video and widescreen formats.
3
We also recommend that small portions of the video presentation be encoded for web
delivery and posted on the cities web site. This will create interest to see the full-length
version.
The Look and Feel of the Interview
Determining the location or locations for shooting the interviews is also very
important. These decisions will determine the look and feel of the final product Cost can
also be reduced or minimized by shooting in one location, but that will limit the look and
fell of the interviews as well. The plan may calls for shooting on location, like Port
Canaveral, because it may provide the look and feel needed for the video presentation.
DA1Vid Productions strives to create an atmosphere during the interview process
that is comfortable, allowing people to relax. This is very crucial. Telling a story with
enthusiasm and credibility can make or break a presentation. We have years of
interviewing experience and we understand how to work with our subjects to get the best
possible interview they can provide.
Orga�tlon
Key Staff Responsihilities
David Stanley will represent DA1Vid Productions in meeting with the city. The
information gathered will be relayed to Val Wardell, Karla Roberts and Bill Larson. Val
and Karla will begin preparing a preliminary manuscript and timeline on the history of
Cape Canaveral. Once an outline is drafted Bill will review for accuracy and content. The
city will then review this preliminary data. Once it is approved, we can proceed to the
interview process. In parallel with the manuscript development, Karla and David will
4
begin researching historical coftnt for use in the project. Karla and David will work
together in developing a detail schedule for interviews and scouting locations if needed.
David or Bill will conduct the interviews as well as oversee the technical aspects
and digital acquisition. Bryce will assist with set-up of equipment and camera operations.
Each interview will be conducted in a similar manner. We suggest that a member of the
committee or someone familiar with the interviewer be there as well.
David will edit the interviews for review and make all DVD needed. David is our
creative editor and will be responsible for completion of the presentation. David will
create graphics, special effect, record any needed narration and create a musical
background track. In the event that this projects direction has any Internet aspects, Karla
will be handle those as needed.
Bryce will handle the creation of the DVD menu and formatting. A DVD Master
will be approved by the city before any copies are made. Recorded interviews and the
final project will be mastered on Digital Tape and DVD. All archive information
provided to the city will be returned to the cities archives.
Analysis and Disseininatioa Plan
Copies of Interviews
We recommend making DVD copies of the individual interview for review and
archive. After review, an edit list can be made by subject matter and historical content.
This can help to reduce the time spent in the editing suite.
Editing the Interviews
We will break down the interviews into subjects of interest or major events. For
example, we have 4 people all talking about the same subject matter. Vire will decide
5
through the process of elimination, which person tells the story the best or maybe it is a
combination of a few people. These are decisions that will happen in the editing process.
We like to give our clients the opportunity to make or assist with these types of
decisions. We recommend that meetings be, held throughout the editing process. A DVD
will be cut by subject matter and reviewed in the meetings to determine the video content.
Editing & Creating the Final History Presentation
The final presentation will combine the interviews edited by subject matter and
historical information about the city. We may need to create an introduction, conclusion
and bridges between subject matter by using a narrator for those areas. Graphics and
special effects may be need throughout the presentation. The final touch will be creating
a musical background track that fits the musical era of the presentation.
Editing & Creating Web Site Video Clips
The clips to be posted on the web can be pulled directly from the final
presentation. It could be short interview continents about the city or a significant
commeat about the cities history. That will be more apparent atter the final presentation
is completed.
Unwitne of Work
1 Developing a Manuscript and Timeline & Research Historical Content -
1 - 3 weeks depending on Complexity & Approval Process
2. Schedulin, & Conducting Interviews- 1 - 2 weeks Location & Number of Interviews
3 .Editing Interviews for review- 1 - 3 weeks depending on f# of Interviews & App. Pro,
4. Finishing the Production 2 - 5 weeks depending on Complexity &. App. Pro.
Total Time Estimated — 5-10 weeks
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Request for Proposal
No. 08-03
City of Cape Canaveral -
Oral History Project
DA1Vid Productions
Cost Proposal for Manuscript Development and Digital Video
Total Hours Estimated
1. The Manuscript and Historical Research is estimated at 30 - 70 hours.
(This will be determined by the complexity of information presented)
2. Capturing Interviews is estimated at 20 — 40 hours.
(Based on two individuals at 10 -20 hours each)
3. Edit the Interview is estimated at 30 - 35 hours,
(Based on 10 hours of video shot: Digitize content to Final Cut Suite —
10 hours, 2 hours to edit each hour of content - 20 hours)
4, Edit Final Presentation is estimated at 60 - 80 hours.
(Based on time spent with creating narration for introduction / closing /
bridges, graphics and special effects, and musical background track)
Total Hours estimated hours to complete project is 140 - 220 hours.
Hourly Rates
1, Manuscript Development and Research 65.00 an hour.
2. Scheduling interviews and meetings with the city 35.00 an hour,
3. 2 Camera Recording Interviews in NTSC Standard Definition 115.00 an hour.
4. 2 Camera Recording Interviews in HD High Definition 165,00 an hour.
5, Final Cut Editing Suite NTSC SD 75.00 an !-lour.
6. Final Cut Editing Suite HD 100.00 an hour,
7. Graphic / Special FX / Music 50.00 an hour.
8, Digital Archiving Historical Data 25.00 an hour. (Transferring
Films/VHS/other material to Final Cut Suite)
9. DVD Authoring 50.00 an hour.
Materials and Supplies
We supply all of the material associated with the production including DV tapes, DVD's
used for reviewing (not copies) and batteries. Any cost associated with publication will
be billed to the City separately.
Subcontractor Cost
Profession Narration might be added as a subcontractor cost. This will be billed at the
narrator's billable rate.
Attachment Request for Proposal
No. 08-03
City of Cape Canaveral -
Oral History Project
DAWid Productions
Biographical Sketches of Key Personnel
1. David Stanley Owner/Director/Producer-David has spent over 20 years working
at the Kennedy Space Center. He has directed on NASA TV more than 60 of
NASA's Space Shuttle Launch and Landings. David has a versatile background
technically and creatively in the telecommunications industry. DAWid
Productions was formed in 2006 with the emergence of the multi -media and
telecommunications technology explosion.
2. Val Tensen - Script Writer -Val is from Merritt Island, Florida. She has worked for
Lockheed Martin and United Space Alliance as a technical writer. She is now a
freelance technical writer as well as a creative writer. Val has experience in a
variety of venues. She is a competent writer with many technical merits,
3. Karla Roberts — Research Specialist/Web Developer/Writer - Karla is located in
Merritt Island, Florida. Karla worked for Boeing Aerospace developing web
based training before branching out into her own entrepreneurial endeavors. She
is an accomplished programmer and web developer. She also will add to our team
by contributing her creativity and technical expertise in developing the
manuscript. Karla is a true professional in the telecommunications industry.
4. Bryce Harrington - Videographer/Editor/DVD Author - Bryce is a multi -media
talent. If he hasn't already done it, he can decipher and work most any software
program on the planes. He is an accomplished videographer/camera operator with
year of experience. Bryce is an expert with file formats and media compression.
He has a great can do attitude and is a valuable asset to my team.
5. William Larson -- Bill has many talents. He is a great professional narrator with to
many accomplishments to list He is also writer and be will be assisting with the
manuscript and narration track for this proposal. Bill spent the first 30 years of
his professional career as a broadest journalist in both radio and television
news. Mitch of his time was spent covering the U.S. space program from the late
fifties through the end of the Apollo program in 1972. He was ABC radio's co-
anchor for the second inaugural of President Nixon and anchored an average of five
network newscasts per day from 1970 to 1980. After leaving ABC he established
his own consulting company providing media relations and corporate
communications training for companies and associations including a number on the
Fortune 500 list. He continues to write scripts and documentaries for
independent production companies as well as for NASA and the USAF.
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: MAY 19, 2009
... ....................................
Subject: Ordinance No. 06-2009, Ballot Question Providing for an
Economic Development Ad Valorem Tax Exemption
Department: Administration/City Manager
....................................
Summary:
This item was discussed by City Council at the May 7th Redevelopment Plan Workshop.
If approved by the voters, City Council, on a case by case basis, can provide an
exemption on City Ad Valorem Taxes to new businesses to locate in the City and for
existing businesses in the City that want to expand.
Requested Council Action:
City Council consider approval of Ordinance No. 06-2009 at first reading.
Financial Impact:
Reduction of Ad Valorem Tax Revenue for Police, Fire, Beautification and Library.
Possible increase of franchise fees and utility tax revenue.
.........................................
Attachments: x❑ Supporting Documents Reviewed
Ordinance No. 06-2009
Submitting Department Head: Date:
Approved by City Manager: Date
City Council Action: [ ] ved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
cape -n t\kim\myd ocume n ts\ad m i n\co u n ciiVneetin g\200 910519-09\06-20 09.d oc
ORDINANCE NO.06-2009
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CAPE CANAVERAL, BREVARD COUNTY
FLORIDA; PROVIDING FOR A REFERENDUM
ELECTION AND BALLOT LANGUAGE FOR AN
ELECTION TO BE SCHEDULED BY THE CITY
COUNCIL; PROVIDING FOR AN ECONOMIC
DEVELOPMENT AD VALOREM TAX EXEMPTION
PURSUANT TO SECTION 196.1995, FLORIDA
STATUTES; PROVIDING FOR COORDINATION
WITH THE SUPERVISOR OF ELECTIONS;
PROVIDING FOR SEVERABILITY AND AN
EFFECTIVE DATE
WHEREAS, the City is granted the authority under Section 2(b), Article Vill of the State
Constitution to exercise any power for municipal purposes except when expressly prohibited by law; and
WHEREAS, section 196.1995, Florida Statutes, authorizes, upon approval by the municipal
electorate in a referendum, a municipality to grant ad valorem tax exemptions to new businesses and
expanding existing businesses; and
WHEREAS, the City Council desires to expand the commercial and industrial tax base of the
City of Cape Canaveral by attracting new businesses and expanding existing businesses within the City
of Cape Canaveral; and
WHEREAS, the City Council desires to continue to promote and enhance the economic climate
within the City of Cape Canaveral by making it financially attractive and by creating additional local
jobs through ad valorem tax incentives for new businesses to locate in the City and for existing
businesses in the City to expand; and
WHEREAS, the City Council has determined that it could assist and improve the long term
economic climate of the City, and promote the public interest, health, safety, and welfare of the citizens
of the City of Cape Canaveral, to propose to the electorate that the City Council be authorized to grant
property tax exemptions to new businesses and expansions of existing businesses pursuant to Section 3,
Article VII of the State Constitution and section 196.1995, Florida Statutes; and
WHEREAS, the City Council recognizes that if the electorate of Cape Canaveral grants the
authority requested hereunder, ad valorem tax exemptions can only be approved on a case-by-case basis
under the criteria specifically established under Florida law; 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.
City of Cape Canaveral
Ordinance _-2009
Pagel of 3
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
HEREBY ORDAINS, AS FOLLOWS:
Section I. 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. Referendum Election. A referendum election is hereby called and shall be scheduled to
be held by the City Council of the City of Cape Canaveral to determine whether the ballot question
appearing in Section 3. herein shall be approved by a majority of the votes cast in such election in which
qualified electors residing in the City shall participate. Such referendum election shall be held and
conducted in the manner prescribed by law for all elections. The date of the election shall be November
3, 2009, unless the City Council directs that the election occur sooner. The places for voting in such
referendum election shall be established for the election when the election is scheduled by the City
Council. All duly qualified electors of the City of Cape Canaveral shall be entitled to participate in said
election. The date and method of voting of the election shall be coordinated by the City Clerk with the
Supervisor of Elections of Brevard County.
Section 3. Economic Development Ad Valorem Tax Exemption.
(a) Purpose oj'queslion. It is proposed that the City of Cape Canaveral, Florida, be authorized to grant
economic development ad valorem tax exemptions pursuant to section 196.1995, Florida Statutes, which
provides that a municipality may call a referendum within its jurisdiction to determine whether the
electorate in that jurisdiction will authorize that municipality to grant such exemptions under Section 3,
Article VII of the State Constitution. Upon a majority vote in favor of such authority, the City may
exempt, at its discretion and by ordinance, from ad valorem taxation up to one hundred percent (100%)
of the assessed value of all improvements to real property made by or for the use of a new business, or
up to one hundred percent (100%) of the assessed value of all added improvements to real property
made to facilitate the expansion of an existing business and of the net increase in all tangible personal
property acquired to facilitate such expansion of an existing business, provided that the improvements to
real property are made or the tangible personal property is added or increased on or after the day the
ordinance is adopted.
(b) Ballot queslion. Concurrent with the election, when scheduled, the following question shall be
placed on the ballot. The caption and questions shall be worded substantially as follows:
ECONOMIC DEVELOPMENT AD VALOREM
TAX EXEMPTION
Shall the City Council of the City of Cape Canaveral be authorized to grant, pursuant to s.
3, Art VII of the State Constitution, property tax exemptions to new businesses and
expansions of existing businesses?
YES For authority to grant exemptions.
NO Against authority to grant exemptions.
City of Cape Canaveral
Ordinance _-2009
Page 2 of 3
Section 4. Coordination with Supervisor of Elections. To the extent necessary, the City Clerk is
hereby authorized and directed to instruct and coordinate with the Supervisor of Elections of Brevard
County to include the above-described referendum question on the ballot concurrent with the election.
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; however, the ballot proposal in Section 3. shall
only become effective if a majority of the registered electors of the City of Cape Canaveral, Florida who
vote in the election to be held as scheduled by the City Council approve the ballot question set forth in
Section 3. of this Ordinance.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting
assembled on the day of 2009.
ATTEST:
Susan Stills, City Clerk
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GA.RGANESE, City Attorney
First Reading: _
Second Reading:
Effective Date:
Rocky Randels, Mayor
Bob Hoog
Buzz Petsos
Rocky Randels
C. Shannon Roberts
Betty Walsh
City of Cape Canaveral
Ordinance _-2009
Page 3 of 3
For
Against