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HomeMy WebLinkAboutPacket 07-19-2011 RegularCALL TO ORDER: ff ,jj a fAj CITY COUNCIL MEETING 4AVERAL LIBRARY MEETING ROOM k j Avenue, Cape Canaveral, Flor[da Tuesday July 19, 2011 7:00 PM UT9441111, Presentation of 2011 Summer Quarter Beautification Award for Commercial Property within the City of Cape Canaveral. REPORTS: p. m. Emig= 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. 1 Approve Minutes for Special City Council Meeting of June 7, 2011 and the Regg of June 211, 2011. 2. Approve an amendment to the Solid Waste Agreement with Waste Pro of Florida, Inc, 105 Polk Avenue , Post Office Box 326 Cape Canaveral, FL 32920-0326 'J"Clephone (321) 868-1220 Fax: (321) 868-1248 www.cityofcapecanaveraLorg o email: info( cityoficapec.,inaveratorg 91 of Cape Canaveral, Florida Council Meeting 1, 2011 � 2 of 3 Award contract for Commercial Beach Mobile Cart Vending Service Operation Franchise for Food and Non -Alcoholic Beverages to H20 High I Waterline Services, lnc.� ensuire consistency/compliance with Ordinanct requirements; and authorize the City Manager to sign contract for same, without need for further City Council approval. 4Resolution 2011-11, adopting a tentative proposed millage rate for t levy of ad!, valorem taxes for Fiscal Year 2011/2012 on all taxable prope located within the City of Cape Canaveral, Brevard County, Florid providing for an effective date. I P I I .1-4 M1, 7 :4 5 p. m. — 8: 00 jom 5. Ordinance No. 05-2011, granting to Florida Power & Light Company, i successors and assigns, an Electric Franchise, imposing provisions a conditions relating thereto, providing for monthly payments to the Cit providing for the repeal of prior inconsistent Ordinances and Resolution I providing for qualified severability, providing for incorporation into Append "A" of the City Code, and providing for an effective date. 1AM, 6. Approve Contract Task Order #1 with Raftelis Financial Consultants, In for Wastewater Rate Suff iiciiency Study (Wastewater User Rate Review). I 7. Approve implementation of the Parking Meter program at each Presidential street beach end and at the beach end', in Harbor Heights, including identified support systems and making the meter system purchase utilizing the Ft. Lauderdale contract with Digital Payment Technologies Corp. 1. Ratify the, Composite City Manager Performance Evaluation and discusision/dete,rminie how to proceed with the provisions of Section 2, Salary and Evaluation, of the Employment Agreement between the City of Cape Canaveral and City Manager David Greene. City of Cape Canaveral, Florida City Council Meeting July 19, 20111 Page 3 of'3 MIND *1 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 irreNevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these procee6ngs should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting, City of Cape Canaveral City Council Agenda Form cit,vr,ounC4HMeet'mg-Date-07tt9aM .......... . ............. Subject: Presentation, of 2011 Summer Quarter Beautification Award for Commercial Property within, the City of Cape Canaveral. Department. Public Works (Beautification, Board) Summary: The City of Cape Canaveral's Beautification Board selected the 2011 Summer Quarter Beautification Award (Commercial Property) winner as follows: IAP Worldwide Services, Inc. located at 73,1:5 North Atlantic Avenue, A gift card and certificate will be presented to Ms. Judy Mallette, IAP Facilities Manager, by Mayor Randel's and Mrs. Patricia Miner, Beautification: Board Representative. Submitting Department Head: Walter Bandish Date: 06/20/11 . ............. . ... . . . . ....... . .............. Attachment(s): None, . . . .. . . .......... . .... . Financial Impact: $25.00 gift card for selected winner. Revieweq_py City Treasurer: Andrea Bowers Date: ISI The City Manager recommends that City Council take thd following action(s): Presentation of 2011 Summer Quarter Beautification Award for Commercial Property within the City of Cape Canaveral. Approved by City Manager: David L. Greene 0 Date: 612.5111 City Council Action: Approved as Recommended Disapproved Approved with Modifications Tabled to Time Certain CITY COUNCIL SPECIAL MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida Al TUESDAY June 7, 2011 7:00 PM CALL TO ORDER: The Chair called the Meeting to Order at 7:00 P,.M. and led the pledg—e of allegi�ance, Mayor Pro Tern Council Member Council Member Mayor Council Member Others Present: City Manager City Attorney Public Works Director Assistant Public Works Director Building Official I rPlanning ani lireCtIfFr Brevard County Sheriff Command] City Clerk I w w w w 1111111ii w.w w, g�i 1% City of Cape Canaveral, Florida City Council Regular Meeting June 7, 2011 Page 2 of 2 Canaveral document. A motion was made by Council Member Petsos, seconded by Mayor Pro Tem Hoog, for approval of Resolution 2011-09. The motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, For. ORDINANCE: First Public Hearing: 2. Approve Ordinance No. 04-2011; amending Chapter 110 Zoning, related to setbacks; providing for the _repeal of prior inconsistent Ordinances and Resolutions; incorporation into the Code; severability, and an effective date: Attorney Garganese read the title of the Ordinance into the record and explained the purpose of the Ordinance. Mr. Greene noted a suggestion by Council Member Morgan to amend the definition of setback. The definition as amended would be: "Setback means a required open space on the same lot with a principal building, Which space is unoccupied and unobstructed by buildings from the ground upward except as specified in Sections 110- 468, 110-492, 110-538 and 110-567. All required setback areas shall be properly maintained and open space areas within the setback areas (except parking and other legal encroachments) shall be landscaped with' greenery (sod)." The proposed amendment was briefly discussed. The public hearing ,was opened. Ms. Shannon Roberts expressed her concerns about the visibility of parking lots and dumpsters from the road. City Manager Greene explained the Ordinance implements the current and past practice of allowing parking within, the setback area. The public hearing was closed. Mayor Randels noted the Planning and Zoning Board has recommended approval of the Ordinance by a four to one vote. A motion was made by Mayor Pro Tem Hoog, seconded by Council Member Morgan, to approve Ordinance 04-2011, as amended. The motion carried 5-0 with voting as follows Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, For. Council Member Petsos noted the Weekly Reports indicate a lot of time being spent on the study of dog parks.. He recommended canceling the project until a future date. Mayor Pro Tem Hoog and, Council, Member Morgan supported the proposal to cancel any further work until funding is available. Council Member Walsh and Mayor Randels felt the Dog Park is something that residents want. Consensus was reached for Staff not to spend any more time on this issue until funds are budgeted. ADJOURNMENT: There being no further business, the Meeting adjourned at 7:25 P.M. Rocky Randels, MAYOR Angela M. Apperson, MMC, City Clerk Item The draft minutes for the Regular City Council Meeting of June 21, 2011 will follow as soon as they are completed. City of Cape Canaveral C J! ity Council Agenda Form City Council Meeting Date- 7/19/2,011 . ......... Subject: Approve an amendment to the SolidWaste Agreement with Waste Pro of Florida, Inc., Department: Finance Summary: The August 4, 2009 agreement with Waste Pro of Florida, Inc. (Waste Pro) requires the City bill customers for garbage and recycling collection and Waste Pro bill for any other charges. Regardless of whether the City receives payment from the customer, Waste Pro is paid for these services. Waste Pro has asked that billing for wheels and lock bars for dumpste,rs be included on the monthly bill prepared/sent by the City of Cocoa. Staff agrees these reoccurring standardized charges, could be added to the bill. However, only the money collected would be paid to Waste Pro. The costs for adding these charges to the bill will be paid by the customer. Submitting Department Director: Andrea Bowers, Finance Direct6 Date: fl)i pp Attachment(s): Amendment To Solid Waste Agreement -- ----- -------- Financial Impact: This Amendment specifically states the City will pay Waste Pro only for the amiouints actually collected. The additional billing requires minimal staff time and the costs to the, City are negligible. Reviewed by City Treasurer: Andrea Bowers Date: ?111 The City Manager recommends that City Council t`&Wthe following action(s): Amendment to the Solid Waste Agreement with Waste Pro of Florida, Inc. Approved bar. Cqy- Manager: DL avid Greene Date: 7/11 City Council Action: Approved as Recommended Disapproved Approved with Modifications Tabled to Time Certain! ...... . .... AMENDMENT TO SOLID WASTE AGREEMENT THIS AMENDMENT TO SOLID WASTE AGREEMENT is made and entered into this day of , 2011, by and between the CITY OF CAPE CANAVERAL, FLORIDA, a Florida Municipal Corporation, located at 105 Polk Avenue, Cape Canaveral, Florida 32920 (hereinafter "City") and WASTE PRO OF FLORIDA, INC., a Florida Corporation, located at 2101 W. State Road 434, Suite 315, Longwood, Florida 32779 (hereinafter "Contractor"). WITNESSETH: WHEREAS, the City and Contractor have entered into a Solid Waste Agreement, dated August 4, 2009 and a Memorandum of Agreement, dated August 4, 2009, (collectively the "Agreement"); and WHEREAS, the Agreement provides that commercial businesses are to be billed by the Contractor for services provided by Contractor for commercial containers with wheels or locking bars, and by the City for collection and disposal services; and WHEREAS, Section 22.3 of the Agreement provides that the City and Contractor may mutually agree in writing to amend provisions of the Agreement; and WHEREAS, Section 5.4(A) of the Agreement provides that the City and Contractor may mutually agree in writing to amend provisions of the Agreement related to billing; and WHERAS, the parties desire to streamline and simplify billing such that commercial customers receive one invoice from the City for both services; and WHEREAS, the parties desire that the City pay Contractor for only those billed amounts related to commercial containers with wheels or Iocking bars for which the City actually receives payment from the commercial customers. NOW THEREFORE, in consideration of the mutual covenants, agreements, and consideration contained herein, the City and Contractor agree as hereinafter set forth: 1.0 Recitals. The foregoing recitals are true and accurate and are incorporated herein by reference. 2.0 Billing for Additional Char es for Commercial Containers. The City shall provide Customer billing for "wheels on" commercial containers and commercial containers with "locking bars and locks" ("Additional Charges for Commercial Containers"). However, City shall not remit payment to Contractor for any Additional Charges for Amendment to Solid Waste Agreement City of Cape Canaveral 1 Waste Pro of Florida, Inc. Page 1 of 2 Commercial Containers that have been billed to a commercial customer unless and until the City receives payment from the commercial customer. The City shall not be responsible for payment of any Additional Charges for Commercial Containers billed to a commercial customer except to the extent that the City actually receives payment from that customer. The City shall forward payments received for billed Additional Charges for Commercial Containers to Contractor in accordance with the terms of the Agreement. 3.0 Remaining Provisions of Agreement in Full Effect. Except as provided herein, all terms and conditions of the Agreement shall apply to this Amendment. ATTEST: City Clerk CITY OF CAPE CANAVERAL, FLORIDA: Rocky Randels, Mayor CORPORATE SEAL: WASTE PRO OF FLORIDA, INC. Print Name/Title: Print Name/Title: Amendment to Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 2 of 2 City of Cape Canaveral City Council Agenda Form i City Councill Meeting Date: 07/19/2011 Item No,. S ......... . . .......... .... further City Council approval. Submitting Department Director: Robert LeI-Date: 7/12/11 Attachment(s): None Financial Impact: $5010.00 for awarded Franchise Revieiwqq by Finance Department Director- Andrea Bowers ate: 7/12/11 The City Manager recommend's that City Council take the foh6ing action(s): Award contract for Commercial Beach Mobile Cart Vending Service Operation Franchise for Food and Non-Allcoholic Beverages to H20 High Waterline Services, ensure consistency/compliance with Ordinance requirements, and authorize the City Manager to sign contract for same, without need for further City Council approval. Date: 7/12/11 Approvg"b I P:ftj Manager: David L. Greene 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: 07/19/2011 Itemi No. 4 Subject: Resolution 20111-11, adopting a tentative proposed mill�age rate for the levy of ad valorem taxes for Fiscal Year 2011/2012 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida; providing for an; effective date. Department: Financial Services Summary: Adopt a Tentative Proposed Millage for FY 2011/12. This is a preliminary mi'llage which includes four segments: General Government Police millage 2.0000 mills General Government Fire/Rescue millagei General Government Beauffication millaae 1 .5000 mMs 0.50100 mills Library Dependent §pecbI District 0.0739 mills The rates proposed total 4.0739 mills, which is 12.8705% below the roll back rate of 4,6757. Per "Truth in Millage Compliance", the highest intended millagei rate must be proposed at this meeting and ad valorem tax rates can be lowered from the initial rate proposed. However, the tax rat�e cannot be increased after thiis mee;ting. There will be two more meetings concerniing the ad valorem tax rate to be implemented for the City's Fiscal Year 2011/12: 11Held on Septem,ber 6, 2011 at 5:30 pm� a Tentative Millage rate wilil be established ' 2. Held on September 2iO, 2011 at 7M pm; a Final Wilagp_rate will be established,. Submitting Department D Andrea Bowers, Date: Attachmient(s): Resolution 2011 -11 Financial Impact: The proposed millage rate of 4.01739, provides a property tax revenue stream of $3,354,623. These revenues are represented in the Proposed FY 2011 /12 Budget at a 95% receipt rate and allow for a balanced bpdg'0,;, Adopt Resolution 2011 -11. Approved by City Manager: David L. Greene Date - City Council Action: Approved as Recommended Disapproveli Approved with Modifications I Tabled to Time Certain RESOLUTION NO. 2011-11 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ADOPTING A TENTATIVE PROPOSED MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR FISCAL YEAR 2011/2012 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the electors approved in the 1985 referendum election the construction, maintenance and operation of a library by ad valorem taxes; and WHEREAS, the electors approved in the 1986 referendum election the imposition of ad valorem taxes for beautification projects; and WHEREAS, the electors approved in the 1990, 1994 and 2001 referendum elections the imposition of ad valorem taxes for Fire/Rescue Services; and WHEREAS, the electors approved in the 1990, 1994 and 2002 referendum elections the imposition of ad valorem taxes for Police Protection; and WHEREAS, the City wishes to impose said ad valorem taxes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. The total millage for all City operating purposes is 4.0739 mills on the dollar of taxable value for the 2011/2012 fiscal year for the City of Cape Canaveral, Florida. This millage is a 12.8705% decrease from the rolled back rate of 4.6757. Section 2. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a tentative proposed millage rate of 0.5000 mills for Beautification General Operating City of Cape Canaveral, Florida Resolution No. 2011-11 Page 2 Millage, as approved in the 1986 referendum election. This tentative proposed ad valorem tax shall be levied upon the 2011 Tax Assessment Roll for ad valorem tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2011 and ending September 30, 2012. Section 3. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a tentative proposed millage rate of 0.0739 mills for the Library Dependent Special District, as approved in the 1985 referendum election. This tentative proposed ad valorem tax shall be levied upon the 2011 Tax Assessment Roll for ad valorem tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2011 and ending September 30, 2012. Section 4. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a tentative proposed rnillage rate of 1.5000 mills for Fire/Rescue Service General Operating Millage, as approved in the 1990, 1994 and 2001 referendum elections. This tentative proposed ad valorem tax shall be levied upon the 2011 Tax Assessment Roll for ad valorem tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2011 and ending September 30, 2012. Section 5. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a tentative proposed rnillage rate of 2.0000 mills for Police Protection General Operating Millage, as approved in the 1990, 1994 and 2002 referendum elections. This tentative proposed ad valorem tax shall be levied upon the 2011 Tax Assessment Roll for ad valorem tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2011 and ending September 30, 2012. Section 6. This Resolution shall become effective immediately upon its adoption. City of Cape Canaveral, Florida Resolution No. 2011-11 Page 3 ADOPTED BY the City Council of the City of Cape Canaveral, Brevard County, Florida, this 19`h day of July, 2011. ATTEST: Rocky Randels, Mayor Name For Against Angela Apperson, MMC, City Clerk Robert Hoog James Morgan Buzz Petsos Rocky Randels Betty Walsh Approved as to Form: Anthony A. Garganese, City Attorney City Council Meeting Date: 7/19/20,11 Item Nlo. 15 . ............. . . ......... .... . ....... . .......... Subject: Ordinance, No�. 05-2011, granting to Florida Power & Light Company, its successors and: assigns, an Electric Franchise, imposing provisions and conditions relating thereto, providing for monthly payments to the City; providing for the repeal of prior inconsistent Ordinances and Resolutions, providing for qualified severability, providing for incorporation into Appendjix "A" of the City Code, and providing for an effective date,, Department: Administration Summary: A Franchise Agreement is, utilized when a company installs its equipment in the right-of-way to provide a service to the City. The Agreement sets forth terms and conditions, as well as compensation, for the use of the right-of-way and other considerations. On December 15,, 1981, the City Council granted a 30 year franchise to FPL for the purposes of supplying electricity to the City. Terms are set forth in Ordinance No. 25- 81, passed and adopted on December 15, 1981, and FPL"s written acceptance dated December 28, 1981. FPL and the City desire to enter into a New Franchise Agreement prior to the expiration of the Current Franchise Agreement, The City Attorney's Office and City Manager negotiated the New Franchise Agreement, which has been changed substantially from the 1981 Agreement. A detailed summary of the new agreement is attached. The Franchise Fee is 6%. The Ordinance is presented for first read'i�ng and requires a public hearing. Attachment(s): Appendix "A", Article 11, Electric; Summary of Franchise Agreement and Ordinance 05-2011. Financial Impact: used upon projections, there will be an approximate $33,870 increase in revenues to the City resulting from this Agn nt. Reviewed by City Treasurer: Andrea Bowers Date: H . .. .... ... ---. The City Manager recommends that City Council! take the following action(s): Approve the first reading of Ordinance 05-2011. Approved by it MJaniager: David L. Greene Date: 1, f/r City Council Action: Approved as Recommended Disapbro\/ed Approved with Modifications Tabled to, Time Certain § 2s CAPE CANAVERAL CODE b. Upon completion of the system upgrade contemplated in section 8, the grantee, at the city's option, shall designate a channel for govern- mental use (hereafter referred to as government access channel), or provide up to 12 hours of air time for governmental use per week. If required, the government access channel will be provided, as technically possible, to the subscribers within the franchised area as part of the basic cable service offered by the grantee. Utilization of this channel by the city shall be in accordance with all applicable federal, state and local laws and is in addition to grantee's obligation under the Act to carry qualified non ommercial educational televi- sion stations. The grantee is specifically not re- quired to provide a government access channel unless so requested by the city. Any segment of the government access channel established for the city shall be under sole control of the city. Any city programming must meet technical standards of grantee. c. If technically feasible, the grantee, at the city's option, may lease a channel within the cable system for the transmission of voice, data, video telemetry or other services between city facilities served by the grantee. It will be the city's respon- sibility to provide all equipment necessary to provide bandwidth management and signal prep- aration, transmission and reception. The grantee reserves the right to set technical standards and specifications for this equipment consistent with maintaining adequate signal, quality and protec- tion of all signals in the system from interference. (Ord. No. 38-94, § 28, 11-1-94) Section 29. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be unconstitutional or invalid by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and indepen- dent provision and such holding shall not affect the validity of the remaining portions hereof. (Ord. No. 38-94, § 29, 11-1-94) Adopted by the City Council of the City of Cape Canaveral, Brevard County, Florida, this ist day of November, 1994. Isl Joy C. Salamone Mayor ATTEST: /s/ Faith G. Miller City Clerk Approved as to Form: /s/ Patrick F. Healy City Attorney Accepted: FLORIDA DIVISION OF TIME WARNER CABLE, A DIVISION OF TIME WARNER ENTERTAINMENT COMPANY, L.P. /s/ William H. Brown President ARTICLE II. ELECTRIC* AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCES- SORS AND ASSIGNS AN ELECTRIC FRAN- CHISE, IMPOSING PROVISIONS AND CONDI- TIONS RELATING THERETO, PROVIDING FOR MONTHLY PAYMENTS TO THE CITY OF CAPE CANAVERAL, AND PROVIDING FOR AN EF- FECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL: Section 1. [Grant.] There is hereby granted to Florida Power & Light Company (herein called the "grantee"), its successors and assigns, the nonexclusive right, *Editor's note—Printed herein is the electric franchise, as adopted by Ordinance Number 25-81 on December 15, 1981. Amendments to the franchise are indicated by paren- thetical history notes following amended provisions. The ab- sence of a history note indicates that the provision remains unchanged from the original franchise. Obvious misspellings and punctuation errors have been corrected without notation. For stylistic purposes, a uniform system of headings, catchlines, capitalization, citation to state statutes, and expression of numbers in tent has been used to conform to the Code of Ordinances. Additions made for clarity are indicated by brack- ets. Cross reference—Public service tax, § 74-26 et seq. Supp. No. 7 CDA:14 APPENDIX A—FRANCHISES privilege or franchise to construct, maintain and operate in, under, upon, over and across the present and future streets, alleys, bridges, ease- ments and other public places in the City of Cape Canaveral, Florida (herein called the "grantor") and its successors, in accordance with established practice with respect to electrical construction and maintenance, for the period of 30 years from the date of acceptance hereof, electric light and power facilities (including conduits, poles, wires and transmission lines, and, for its own use, telephone and telegraph lines) for the purpose of suplslying electricity to the grantor and its succes- sors, and inhabitants thereof, and persons and corporations beyond the limits thereof. Section 2. [Acceptance by grantee.] As a condition precedent to the taking effect of this grant, the grantee shall have filed its accep- tance hereof with the grantor's clerk within 30 days hereof. Section 3. [Location of facilities.] The facilities of the grantee shall be so located or relocated and so erected as to interfere as little as possible with traffic over said streets, alleys, bridges and public places, and with reasonable egress from and ingress to abutting property. The location or relocation of all facilities shall be made under the supervision and with the approval of such representatives as the governing body of the grantor may designate for the purpose, but not so as to unreasonably interfere with the proper operation of the grantee's facilities and service. When any portion of a street is excavated by the grantee in the location or relocation of any of its facilities, the portion of the street so excavated shall, within a reasonable time and as early as practicable after such excavation, be replaced by the grantee at its expense and in a condition as good as it was at the time of such excavation. Section 4. [Liability.] Grantor shall in no way be liable or responsible for any accident or damage that may occur in the construction, operation or maintenance by the grantee of its facilities hereunder, and the accep- tance of this ordinance shall be deemed an agree - Supp. No. 7 §7 ment on the part of the grantee to indemnify the grantor and hold it harmless against any and all liability, loss, cost, damagq, or expense which may accrue to the grantor by reason of the negligence, default or misconduct of the grantee in the con- struction, operation or maintenance of its facili- ties hereunder. Section 5. [Rates, rules and regulations.] All rates and rules and regulations established by the grantee from time to time shall at all times be reasonable and the grantee's rates for electric- ity shall at all times be subject to such regulation as may be provided by law. Section 6. [Amount of payments by grantee to grantor.] No later than 60 days after the first anniver- sary date of this grant, and no later than 60 days after each succeeding anniversary date of this grant, the grantee, its successors and assigns, shall have paid to the grantor and its successors an amount which added to the amount of all taxes as assessed, levied, or imposed (without regard to any discount for early payment or any interest or penalty for late payment), licenses, and other impositions levied or imposed by the grantor upon the grantee's electric property, business, or oper- ations, and those of the grantee's electric subsid- iaries for the preceding tax year, will equal six percent of the grantee's revenues from the sale of electrical energy to residential, commercial and industrial customers within the corporate limits of the grantor for the 12 fiscal months preceding the applicable anniversary date. Section 7. [Monthly payments.] Payment of the amount to be paid to the grantor by the grantee under the terms of section 6 hereof shall be made in advance by estimated monthly installments commencing 90 days after the effective date of this grant. Each estimated monthly installment shall be calculated on the basis of 90 percent of the grantee's revenues (as defined in section 6) for the monthly billing period ending 60 days prior to each scheduled monthly payment. The final installment for each fiscal year of this grant shall be adjusted to reflect any CDA:15 §7 CAPE CANAVERAL CODE underpayment or overpayment resulting from es- timated monthly installments made for said fiscal year. Section S. [Competition by grantor.] As a further consideration of this franchise, the grantor agrees not to engage in the business of distributing and selling electricity during the life of this franchise or any extension thereof in competition with the grantee, its successors and assigns. Section 9. Torkiture.] Failure on the part of the grantee to comply in any substantial respect with any of the provisions of this ordinance shall be grounds for forfeiture of this grant, but no such forfeiture shall take effect if the reasonableness or propriety thereof is pro- tested by the grantee until a court of competent jurisdiction (with right of appeal in either party) shall have found that the grantee has failed to comply in a substantial respect with any of the provisions of this franchise, and the grantee shall have six months after the final determination of the question to make good the default before a. Section 12. [Effective date.] forfeiture shall result with the right in the grantor at its discretion to grant such additional time to the grantee for compliance as necessities in the case require. Section 10. [Validity.] Should any section or provision of this ordi- nance or any portion hereof be declared by a court of competent jurisdiction to be invalid, such deci- sion shall not affect the validity, of the remainder as a whole or as to any part, other than the part declared to be invalid. Section 11. [Repeal of conflicting ordinanc- es.] All ordinances and parts of ordinances in con- flict herewith be and the same are hereby re- pealed. The previous franchise agreement with Florida Power & Light now referred to as chapter 419 of the City Code of the City of Cape Canaveral, Florida, is hereby repealed and is replaced by this franchise agreement which shall be known as chapter 419 of the City Code of the City of Cape Canaveral, Florida. This ordinance shall take effect on the date upon which the grantee files its acceptance. PASSED first reading this 3 day of December, 1981. PASSED second and final reading this 15 day of December, 1981. Attest: YES CALVERT X HARRIS X MURPHY X NICHOLAS X RUTHERFORD X Isl City Clerk Isl MAYOR NO Approved as to form: /s/ City Attorney Supp. No. 7 CDA:16 SUMMARY OF FRANCHISE AGREEMENT There is currently in effect a franchise agreement between the City and FPL, the terms of which are set forth in Ordinance No. 25-81, passed and adopted on December 15, 1981, and FPL's written acceptance dated December 28, 1981. FPL and the City desire to enter into a new agreement providing for the payment of fees to the City in exchange for the nonexclusive right and privilege of supplying electricity and other directly electric -related services within the City free of competition from the City. The City and FPL stipulate and agree that the franchise fee is reasonably related to the value that FPL receives from the City's agreement not to compete for FPL's use of the City's public rights- of-way, and the value of other consideration as set forth in this Ordinance. City Council deems it to be in the best interest of the City and its citizens to enter into the New Franchise Agreement prior to expiration of the Current Franchise Agreement. Section 1. Grant of _Electric Utility Franchise; Term of Franchise The City grants to FPL, its successors/assigns for a period of thirty (30) years, the nonexclusive right, to construct, operate and maintain in the City of Cape Canaveral, electric light and power facilities, including conduits, poles, wires, transmission and distribution lines, and all other facilities installed in conjunction with or ancillary to all of FPL's operations for the purpose of supplying electricity and other directly electric -related services to the City and its inhabitants. This is intended to provide a franchise for provision of electric and directly electric -related services. It is not intended to be a grant or franchise for placement/construction of gas lines or for fiber optics. Section 2. Facilities Requirements (a) Facilities of FPL shall be located, relocated, installed, constructed or erected as to not unreasonably interfere with the use or the maintenance, improvement, extension or expansion of any public "road" as defined under the Florida Transportation Code, nor unreasonably interfere with reasonable egress from and ingress to abutting property. (b) Location, relocation, installation, construction or erection of all facilities shall be as representatives of the City may prescribe in accordance with applicable federal, state and local statutes, laws, ordinances, rules and regulations with respect to utilities' use of public rights-of-way. Rules and regulations shall be: (i) for a valid municipal purpose, (ii) shall not prohibit the exercise of FPL's right to use public nights -of -way, (iii) shall not unreasonably interfere with FPL's ability to furnish electric service to its customers while not conflicting with standards set forth above, or (iv) shall not require relocation of any of FPL's facilities installed before or after its effective date in any public right -or -way unless or until the facilities unreasonably interfere with the convenient, safe, or continuous use, or maintenance, improvement, realignment, extension or expansion, of such public "road". (c) Such rules and regulations shall recognize that above -grade facilities of FPL installed after the Agreement's effective date should be installed near the outer boundaries of the public rights-of-way to the extent possible. The installation shall be consistent with FDOT's Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways. (d) When any public right-of-way is excavated, damaged or impaired by FPL, the portion excavated, damaged or impaired shall, within a reasonable time and as early as practicable after such excavation, be restored to its original condition. (e) If the City requires removal/relocation of FPL's facilities because the facilities interfere with standards set forth in subsection (a) above, and FPL fails to remove/relocate such facilities at its expense within thirty (30) days after written notice, then the City may proceed to cause the facilities to be removed/relocated and the expense charged to FPL. (f) The City shall not be liable to FPL for any cost/expense incurred in connection with relocation of any of FPL's facilities; however, FPL may be entitled to reimbursement of its costs/expenses from others and as provided by law. Section 3. Indemnification The City is in no way liable/responsible for any accident/damage that may occur in the construction, operation or maintenance by FPL of its facilities. Acceptance of this Ordinance on the part of FPL indemnifies the City, its officers, agents, attorneys, servants, employees, or contractors and holds it harmless against any and all liability/loss. Indemnity includes not only the costs, expenses and attorneys' fees incurred by the City in defense of any third party's claim, it also includes costs, expenses and attorneys' fees incurred by the City in the event it must enforce the terms of this indemnity prior to and during litigation including trial, post trial and appellate proceedings. Indemnity shall survive termination of this franchise for incidents, acts or events, or for acts undertaken by FPL, which take place during the term of this franchise. Section 4. Rates. Rules and Revulations of Grantee Rates, rules/regulations established by FPL must be reasonable and not in conflict with those provided by law. Section 5. Franchise Fee Commencing (90) days after the effective date of this Agreement and each month thereafter, an amount which added to the amount of all licenses, excises, fees, charges and other impositions of any kind whatsoever (except ad valorem property taxes and non -ad valorem tax assessments on property) levied or imposed by the City, will equal 6.0 percent of FPL's billed revenues, less actual write-offs, from the sale of electrical energy to residential, commercial and industrial customers within the City for the monthly billing period ending 60 days prior to each such payment. 2 The City understands/agrees that such revenues do not include: (a) revenues from sale of electrical energy for Public Street and Highway Lighting, (b) revenues from Other Sales to Public Authorities, (c) revenues from Sales to Railroads/Railways, (d) revenues from Sales for Resale (service to other utilities for resale purposes), (e) franchise fees, (f) Late Payment Charges, (g) Field Collection Charges, (h) other service charges. Section 6. Most Favored Nations If during the term of this Franchise FPL enters into a franchise agreement with any other municipality located in Brevard County or withinn any contiguous county where the number of FPL's active electrical customers is equal to or less than the number of active electrical customers within the City, terms of which provide for payment of franchise fees by FPL at a rate greater that 6% of FPL's residential, commercial and industrial revenues, FPL, upon the City's written request, shall negotiate and enter into a new franchise agreement in which the percentage to be used in calculating monthly payments under Section 5 shall be equal to that which FPL has agreed to use as a basis for calculation of payments to such other municipality, provided that such new franchise agreement includes benefits to FPL, in addition to all benefits provided herein, at least equal to those provided by its franchise agreement with such other municipality. Section 7. Non -Competition by Grantor The City agrees (a) not to distribute or sell, in competition with FPL, electric capacity and/or electric energy to any ultimate consumer of electric utility service or to any electrical distribution system established solely to serve any retail customer formerly served by FPL, (b) not to participate in a contractual arrangement which would obligate FPL to transmit and/or distribute electric capacity and/or electric energy from any third party(ies) to any other retail customer's facility(ies), and (c) not to seek to have FPL transmit and/or distribute electric capacity and/or electric energy generated by or on behalf of the City at one location to any other location(s). Nothing shall prohibit the City from engaging with other utilities or persons in wholesale transactions subject to the provisions of the Federal Power Act. Nothing herein shall prohibit the City, if permitted by law, (i) from purchasing electric capacity and/or electric energy from any other person, or (ii) from seeking to have FPL transmit and/or distribute to any facility(ies) of the City electric capacity and/or electric energy purchased by the City from any other person; provided that before the City elects to purchase electric capacity and/or electric energy from any other person, the City shall notify FPL. Such notice shall include a summary of the specific rates, terms and conditions which have been offered by the other person and identify City's facilities to be served under the offer. FPL shall have 90 days to evaluate the offer and, if FPL offers rates, terms/conditions which are equal to or better than those offered by the other person, the City is obligated to continue to purchase from FPL electric capacity and/or electric energy to serve the previously -identified facilities of the City for a term no shorter than that offered by the other person. If FPL does not agree to rates, terms/conditions which equal or better the other offer, the City may proceed with the offered sale and purchase arrangement. The terms/conditions of this Franchise shall remain in effect except as printed in the Agreement. Section 8. Comnetitive Disadvantage: Termination by FPL If the City grants a franchise to any other person or enables them to construct, operate or maintain electric light/power facilities within any part of the City on terms which FPL determines are more favorable, FPL may terminate this Franchise if such terms/conditions are not remedied within the time period provided. FPL shall give the City at least 150 days advance written notice of its intent to terminate. Such notice shall advise the City of such terms/conditions that FPL considers more favorable. City shall have 150 days to correct/remedy the terms/conditions complained of by FPL. If FPL determines that terms/conditions are not remedied by the City within the time period, it may terminate the Franchise Agreement by delivering written notice to the City Clerk. Termination is effective on date of delivery. Section 9. Legislative or Regulatory Action If as a consequence of any legislative/regulatory action any person is permitted to provide electric service within the City to a customer then being served, or to any new applicant for electric service within any part of the City and FPL determines that its obligations place it at a competitive disadvantage with respect to such other person, FPL may terminate this Franchise if such competitive disadvantage is not remedied within the time period provided. City will then have 150 days to correct or remedy the competitive disadvantage. If the disadvantage is not remedied within said time period, FPL may terminate this Franchise Agreement by delivering written notice to the City Clerk. Termination is effective on the date of delivery. Upon written request of the City within the 150 day notice period for a face to face meeting between representatives, the parties shall meet in good faith prior to terminating the Franchise. Northing contained herein shall be construed as constraining the City's right to legally challenge FPL's determination of competitive disadvantage. Section 10. Default by Grantee Failure on the part of FPL to substantially comply with any of the provisions of this Franchise shall be grounds for forfeiture, but no forfeiture shall take effect if its reasonableness/propriety is protested by FPL until there is final determination by a court of competent jurisdiction. FPL shall have six months after final determination to make good the default before a forfeiture shall result. Section 11. Default by Grantor Failure on the part of the City to comply with any of the provisions of this Ordinance, shall constitute breach of this Franchise and entitle FPL to withhold all/part of its payments until such time as a use permit is issued or a court of competent jurisdiction has reached a final determination in the matter. Section 12. Grantor's Right to Audit (a) The City may, upon reasonable notice and within 180 days after each anniversary date of this Franchise, examine records of FPL relating to calculation of the franchise payment for the year preceding such anniversary date. The examination shall be during normal business hours at FPL's office where such records are maintained. The City's right to examine records of FPL shall not be conducted by any third party employed whose fee for conducting such audit is contingent on its findings. M The City may, upon reasonable notice given within one (1) year following FPL's acceptance of the New Franchise Agreement, conduct a final audit of records relating to calculation of the franchise payments that have been made to the City pursuant to the Current Franchise Agreement. Other than any claims arising from alleged fraud, deceit, misrepresentation, intentional withholding of information, or other similar intentional misconduct by FPL in relation to calculation or remittance of the franchise payments under the Current Franchise Agreement, the City waives, settles, and bars all claims relating to the amounts paid by FPL under the Current Franchise Agreement. Section 13. Renewable Energy (a) The City and FPL recognize that it is in the best interests of the City, its residents, businesses and inhabitants to reduce and control the growth rates of electric consumption; to reduce the growth rates of weather -sensitive peak demand; to increase the overall efficiency and cost-effectiveness of electricity production and use and to encourage further development of demand-side renewable energy systems. To that end, each agrees to use their best efforts to cooperatively work to promote incentives for customer -owned and utility owned -energy efficiency and demand-side renewal energy intended to offset all or part of a customer's electricity requirements. (b) The City may, if permitted by law, (i) generate electric capacity and/or energy at any facility it owns for storage/utilization at that facility or other facilities, operations or equipment; (ii) use renewable energy sources to generate electric capacity and/or energy for use in demonstration projects or at its facilities, operations or its equipment; and (iii) sell electric capacity and/or energy to FPL or other wholesale purchaser in compliance with applicable rules and regulations controlling such transactions. Section 14. Undergrounding of Facilities FPL understands/acknowledges that City policies strongly favor undergrounding of utilities and improvement of safety/aesthetics. FPL has fled a Tariff and adopted a Mechanism for Governmental Recovery of Undergrounding Fees (MGRUF), along with other undergrounding tariffs. Requests by the City for undergrounding shall be implemented by FPL in accordance with applicable tariffs. Section 15. Smart Grid TechnoloU FPL acknowledges that City policies strongly favor widespread dissemination of meters featuring "smart grid technology". If this technology is implemented by FPL, it shall utilize its best efforts to provide City retail customers receipt of such technology. Section 16. Infrastructure Hardening FPL understands/acknowledges that City policies strongly favor strengthening electric utility infrastructure. Subject to FPSC or regulatory approval, FPL shall implement its infrastructure hardening plan within the City's boundaries. Section 17. Preferential or Discriminatory Practices Prohibited 5 All services rendered and all rules/regulations adopted by FPL shall have general application to all persons and shall not subject any person to prejudice or disadvantage on account of race, gender, religion, origin, physical condition or ethnicity. Section 18. No Joint Venture Nothing shall be deemed to create a joint venture/principal-agent relationship between the parties. Section 19. Notices Notices from FPL to the City shall be sent to: City Manager, City of Cape Canaveral, 105 Polk Ave., Cape Canaveral, FL 32920. Notices from the City to FPL shall be sent to Florida Power & Light Company, 700 Universe Blvd., Juno Beach, FL 33408, marked: Attention: External Affairs. Section 20. Captions Captions to sections throughout this Ordinance are used to facilitate reading and reference to the sections/provisions. Captions shall not affect the meaning/interpretation of the Ordinance. Section 21. Headings; Entire Agreement; Governing Law Headings contained in this Ordinance are for reference purposes only and shall not affect the meaning/interpretation of this Ordinance. This Ordinance constitutes the entire agreement and supersedes all prior agreements and understandings, both written/oral, among the parties. This Ordinance shall be governed in all respects by the laws of the State of Florida. Section 22. Grantor's Rights of Intervention The City and FPL acknowledge/agree that this Franchise in no way affects or impairs any rights either party may otherwise possess under Florida law to intervene in any suit or proceeding to which City or FPL is a party, concerning or involving the City's rights or FPL's rights under this Ordinance. Section 23. Jurisdiction and Venue Parties agree that the state or federal courts located in the State of Florida have exclusive jurisdiction over the parties, except insofar as the Florida Public Service Commission may have concurrent or exclusive jurisdiction of matters addressed in this Franchise. For state court actions, venue shall lie within Brevard County, and for federal court actions, venue shall lie within the Middle District of Florida in Orlando. The City and FPL waive the right to trial by jury in any action brought on this Ordinance or on any matter arising in connection with it. Section 24. Qualified_ Severability If any part of this Ordinance is held invalid/unconstitutional, it in no way affects the validity of its remaining portions. If any provision or Section is held invalid/unconstitutional, the parties shall attempt to negotiate a new lawful agreement that restores its fundamental terms. R In the event the parties are unable to reach a new lawful agreement, the Ordinance shall be null and void and of no force and effect. Section 25. Definition of "Person" "Person" means an individual, a partnership, a corporation, a business trust, a joint stock company, a trust, an incorporated association, a joint venture, a governmental authority or any other entity of whatever nature. Section 26. Repeal of Prior Inconsistent Ordinance, Resolutions and Agreements Ordinance No. 25-81 and all other ordinances/parts of ordinances and all resolutions/parts of resolutions in conflict herewith, are repealed. Section 27. Incomoration into Code This Ordinance shall be incorporated into "Appendix A" of the City Code. Section 28, Effective Date FPL must file its acceptance within 30 days of Ordinance adoption. The effective date of this Ordinance is the date upon which FPL files its acceptance. 7 ORDINANCE NO. 05-2011 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO, PROVIDING FOR MONTHLY PAYMENTS TO THE CITY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, PROVIDING FOR QUALIFIED SEVERABILITY, PROVIDING FOR INCORPORATION INTO APPENDIX "A" OF THE CITY CODE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council is granted the authority, under Section 2(b), Article Vlll, of the State Constitution, to exercise power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Section 166.021(1) provides that municipalities shall have the governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal services, and may exercise any power for municipal purposes except when expressly prohibited by law; and WHEREAS, the City Council of the City of Cape Canaveral, Florida recognizes that the City of Cape Canaveral and its citizens need and desire the continued benefits of electric service; and WHEREAS, Florida Power & Light Company (FPL) is a public utility which has the demonstrated ability to supply such services; and WHEREAS, on December 15, 1981, the City Council granted a 30 year franchise to Florida Power & Light Company (FPL) for the purpose of supplying electricity to the City and for the other purposes stated therein; and 1 WHEREAS, there is currently in effect a franchise agreement between the City of Cape Canaveral and FPL, the terms of which are set forth in City of Cape Canaveral Ordinance No. 25-81, passed and adopted on December 15, 1981, and FPL's written acceptance thereof dated December 28, 1981, granting to FPL, its successors and assigns, a thirty (30) year electric franchise ("Current Franchise Agreement"); and WHEREAS, FPL and the City of Cape Canaveral desire to enter into a new agreement (New Franchise Agreement) providing for the payment of fees to the City of Cape Canaveral in exchange for the nonexclusive right and privilege of supplying electricity and other directly electric -related services within the City of Cape Canaveral free of competition from the City of Cape Canaveral, pursuant to certain terms and conditions, and WHEREAS, the City and FPL stipulate and agree that the franchise fee identified herein is reasonably related to the value that FPL receives from the City's agreement not to compete under Section 7 hereof, the extent of FPL's use of the City's public rights-of- way, and the value of other consideration as set forth in this Ordinance, and WHEREAS, the City Council of the City of Cape Canaveral deems it to be in the best interest of the City of Cape Canaveral and its citizens to enter into the New Franchise Agreement prior to expiration of the Current Franchise Agreement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; Section 1. Grant of Electric Utility Franchise; Term of Franchise. There is hereby granted to Florida Power & Light Company, its successors and assigns (hereinafter called the "Grantee"), for the period of thirty (30) years from the effective date hereof, the 2 nonexclusive right, privilege and franchise (hereinafter called "franchise") to construct, operate and maintain, in accordance with the National Electrical Safety Code to the extent applicable, in, under, upon, along, over and across the present and future roads, streets, alleys, bridges, publicly dedicated rights-of-way, applicable publicly dedicated utility easements and other public places (hereinafter called "public rights-of-way") in the City of Cape Canaveral, Florida, and its successors (hereinafter called the "Grantor") throughout all of Grantor's incorporated areas, as such incorporated areas may be constituted from time to time, in accordance with the Grantee's customary practice with respect to construction and maintenance, electric light and power facilities, including, without limitation, conduits, poles, wires, transmission and distribution lines, and all other facilities installed in conjunction with or ancillary to all of the Grantee's operations (hereinafter called "facilities"), for the purpose of supplying electricity and other directly electric -related services to the Grantor and its successors, the inhabitants thereof, and persons beyond the limits thereof. This grant is intended to provide a franchise to Grantee for the provision of electric and directly electric -related services, and is not intended to be a grant or franchise for the placement or construction of gas lines or appurtenances thereto, or for fiber optics or appurtenances thereto. Section 2. Facilities Requirements. (a) The facilities of Grantee shall be so located, relocated, installed, constructed and so erected as to not unreasonably interfere with the convenient, safe, continuous use or the maintenance, improvement, extension or expansion of any public "road" as defined under the Florida Transportation Code, nor unreasonably interfere with reasonable egress from and ingress to abutting property. 3 (b) To minimize conflicts with the standards set forth in subsection (a) above, the location, relocation, installation, construction or erection of all facilities shall be made as representatives of the Grantor may prescribe in accordance with all applicable federal, state and local statutes, laws, ordinances, rules and regulations and pursuant to Grantor's valid rules and regulations with respect to utilities' use of public rights-of-way relative to the placing and maintaining, in, under, upon, along, over and across said public rights-of-way, provided, such rules and regulations shall be: (i) for a valid municipal purpose; (ii) shall not prohibit the exercise of Grantee's right to use said public rights-of-way for reasons other than conflict with the standards set forth above; (iii) shall not unreasonably interfere with the Grantee's ability to furnish reasonably sufficient, adequate and efficient electric service to all of its customers while not conflicting with the standards set forth above; or (iv) shall not require relocation of any of the Grantee's facilities installed before or after the effective date hereof in any public right-of-way unless or until the facilities unreasonably interfere with the convenient, safe, or continuous use, or the maintenance, improvement, realignment, extension, or expansion, of such public "road". (c) Such rules and regulations shall recognize that above -grade facilities of the Grantee installed after the effective date hereof should, unless otherwise permitted, be installed near the outer boundaries of the public rights-of-way to the extent possible and such installation shall be consistent with the Florida Department of Transportation's Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways. 4 (d) When any portion of a public right-of-way is excavated, damaged or impaired by Grantee or any of its agents, contractors or subcontractors because of the installation, inspection, or repair of any of its facilities, the portion so excavated, damaged or impaired shall, within a reasonable time and as early as practicable after such excavation, be restored to its original condition before such damage by the Grantee at Grantee's expense. (e) if Grantor requires the removal or relocation of Grantee's facilities because the facilities interfere with the standards set forth in subsection (a) above, and Grantee fails to remove or relocate such facilities at Grantee's expense within thirty (30) days after written notice from Grantor, then Grantor may proceed to cause the facilities to be removed or relocated and the expense therefore shall be charged against the Grantee. (f) The Grantor shall not be liable to the Grantee for any cost or expense incurred in connection with the relocation of any of the Grantee's facilities required under this Section, except, however, that Grantee may be entitled to reimbursement of its costs and expenses from others and as provided by law. Section 3. Indemnification. The Grantor shall in no way be liable or responsible for any accident or damage that may occur in the construction, operation or maintenance by Grantee of its facilities hereunder, and the acceptance of this ordinance shall be deemed an agreement on the part of the Grantee, to indemnify Grantor, its officers, agents, attorneys, servants, employees, or contractors and hold it harmless against any and all liability, loss, costs, injuries (including death), damages, attorneys' fees, or expense, which may accrue to, or be incurred by or charged against Grantor or any of its officers, agents, attorneys, servants, employees, or contractors by reason of installation, location, relocation, construction, reconstruction, operating, maintenance or repair of Grantee's facilities or acts or omissions of negligence, gross negligence or intentional torts, default or misconduct of the Grantee, its officers, directors, agents, servants, employees, contractors, or subcontractors. The indemnity hereunder includes not only the costs, expenses and attorneys' fees incurred by the Grantor in defense of any third party's claim (prior to and during all phases of litigation, including trial and post trial and appellate proceedings) and also includes the costs, expenses and attorneys' fees incurred by the Grantor in the event it must enforce the terms of this indemnity prior to and during all litigation including trial, post trial and appellate proceedings. This indemnity shall survive termination of this franchise, but only for incidents, acts or events, or for acts undertaken by Grantee, which take place during the term of this franchise. Section 4. Rates Rules and Regulations of Grantee. All rates and rules and regulations established by the Grantee from time to time shall at all times be reasonable, subject to, and not in conflict with, such rules and regulations as may be provided by law. Section 5. Franchise Fee. As a consideration for this franchise, the Grantee shall pay to the Grantor, commencing 90 days after the effective date hereof, and each month thereafter for the remainder of the term of this franchise, an amount which added to the amount of all licenses, excises, fees, charges and other impositions of any kind whatsoever (except ad valorem property taxes and non -ad valorem tax assessments on property) levied or imposed by the Grantor against the Grantee's property, business or operations and those of its subsidiaries during the Grantee's monthly billing period ending 60 days prior to each such payment will equal 6.0 percent of the Grantee's billed revenues, less actual write-offs, from the sale of electrical energy to residential, R commercial and industrial customers (as such customers are defined by FPL's tariff) within the incorporated areas of the Grantor for the monthly billing period ending 60 days prior to each such payment, and in no event shall payment for the rights and privileges granted herein exceed 6.0 percent of such revenues for any monthly billing period of the Grantee. The Grantor understands and agrees that such revenues as described in the preceding paragraph are limited, as in the existing franchise Ordinance No. 25-81, to the precise revenues described therein, and that such revenues do not include, by way of example and not limitation: (a) revenues from the sale of electrical energy for Public Street and Highway Lighting (service for lighting public ways and areas); (b) revenues from Other Sales to Public Authorities (service with eligibility restricted to governmental entities); (c) revenues from Sales to Railroads and Railways (service supplied for propulsion of electric transit vehicles); (d) revenues from Sales for Resale (service to other utilities for resale purposes); (e) franchise fees; (f) Late Payment Charges; (g) Field Collection Charges; (h) other service charges. Section 6. Most Favored Nations. If during the term of this franchise the Grantee enters into a franchise agreement with any other municipality located in Brevard County, Florida, or within any contiguous county of Brevard County where the number of Grantee's active electrical customers is equal to or less than the number of Grantee's active electrical customers within the incorporated area of the Grantor, the terms of which provide for the payment of franchise fees by the Grantee at a rate greater than 6.0% of the Grantee's residential, commercial and industrial revenues (as such customers are defined by FPL's tariff), under the same terms and conditions as specified in Section 5 hereof, the Grantee, upon written request of the Grantor, shall negotiate and enter into a new 7 franchise agreement with the Grantor in which the percentage to be used in calculating monthly payments under Section 5 hereof shall be equal to that percentage which the Grantee has agreed to use as a basis for the calculation of payments to such other municipality described above, provided, however, that such new franchise agreement shall include benefits to the Grantee, in addition to all benefits provided herein, at least equal to those provided by its franchise agreement with such other municipality described above. Subject to all limitations, terms and conditions specified in the preceding sentence, the Grantor shall have the sole discretion to determine the percentage to be used in calculating monthly payments, and the Grantee shall have the sole discretion to determine those benefits to which it would be entitled, under any such new franchise agreement. Section 7. Non -Competition by Grantor. As a further consideration, during the term of this franchise or any extension thereof, the Grantor agrees: (a) not to engage in the distribution and/or sale, in competition with the Grantee, of electric capacity and/or electric energy to any ultimate consumer of electric utility service (herein called a "retail customer') or to any electrical distribution system established solely to serve any retail customer formerly served by the Grantee, (b) not to participate in any proceeding or contractual arrangement, the purpose or terms of which would be to obligate the Grantee to transmit and/or distribute, electric capacity and/or electric energy from any third party(ies) to any other retail customer's facility(ies), and (c) not to seek to have the Grantee transmit and/or distribute electric capacity and/or electric energy generated by or on behalf of the Grantor at one location to the Grantor's facility(ies) at any other location(s). Nothing specified herein shall prohibit the Grantor from engaging with other N. utilities or persons in wholesale transactions which are subject to the provisions of the Federal Power Act. Nothing herein shall prohibit the Grantor, if permitted by law, (i) from purchasing electric capacity and/or electric energy from any other person, or (ii) from seeking to have the Grantee transmit and/or distribute to any faciiity(ies) of the Grantor electric capacity and/or electric energy purchased by the Grantor from any other person; provided, however, that before the Grantor elects to purchase electric capacity and/or electric energy from any other person, the Grantor shall notify the Grantee. Such notice shall include a summary of the specific rates, terms and conditions which have been offered by the other person and identify the Grantor's facilities to be served under the offer. The Grantee shall thereafter have 90 days to evaluate the offer and, if the Grantee offers rates, terms and conditions which are equal to or better than those offered by the other person, the Grantor shall be obligated to continue to purchase from the Grantee electric capacity and/or electric energy to serve the previously -identified facilities of the Grantor for a term no shorter than that offered by the other person. If the Grantee does not agree to rates, terms and conditions which equal or better the other person's offer, then Grantor may proceed with the other person's offered sale and purchase arrangement and all of the terms and conditions of this franchise shall remain in effect except as provided herein. Section 8. Competitive Disadvantage; Termination by Grantee. If the Grantor grants a right, privilege or franchise to any other person or otherwise enables any other such person to construct, operate or maintain electric light and power facilities within any part of the incorporated areas of the Grantor in which the Grantee may lawfully serve or compete on terms and conditions which the Grantee determines are more favorable 9 than the terms and conditions contained herein, the Grantee may at any time thereafter terminate this franchise if such terms and conditions are not remedied within the time period provided hereafter. The Grantee shall give the Grantor at least 150 days advance written notice of its intent to terminate. Such notice shall, without prejudice to any of the rights reserved for the Grantee herein, advise the Grantor of such terms and conditions that it considers more favorable. The Grantor shall then have 150 days in which to correct or otherwise remedy the terms and conditions complained of by the Grantee. If the Grantee determines that such terms or conditions are not remedied by the Grantor within said time period, the Grantee may terminate this franchise agreement by delivering written notice to the Grantors Clerk and termination shall be effective on the date of delivery of such notice. Section 9. Legislative or Regulatory Action. If as a direct or indirect consequence of any legislative, regulatory or other action by the United States of America or the State of Florida (or any department, agency, authority, instrumentality or political subdivision of either of them) any person is permitted to provide electric service within the incorporated areas of the Grantor to a customer then being served by the Grantee, or to any new applicant for electric service within any part of the incorporated areas of the Grantor in which the Grantee may lawfully serve, and the Grantee reasonably determines that its obligations hereunder, or otherwise resulting from this franchise in respect to rates and service, place it at a competitive disadvantage with respect to such other person, the Grantee may, at any time after the taking of such action, terminate this franchise if such competitive disadvantage is not remedied within the time period provided hereafter. The Grantee shall give the Grantor at least 150 days advance written notice of its intent to 10 terminate. Such notice shall, without prejudice to any of the rights reserved for the Grantee herein, advise the Grantor of the consequences of such action which resulted in the competitive disadvantage. The Grantor shall then have 150 days in which to correct or otherwise remedy the competitive disadvantage. If such competitive disadvantage is not remedied by the Grantor within said time period, the Grantee may terminate this franchise agreement by delivering written notice to the Grantor's Clerk and termination shall take effect on the date of delivery of such notice. Notwithstanding the foregoing, upon written request of the Grantor within the 150 day notice period for a face to face meeting between representatives of the Grantor and Grantee, Grantee agrees that it shall meet in good faith with Grantor prior to terminating the franchise. Nothing contained herein shall be construed as constraining Grantor's right to legally challenge Grantee's reasonable determination of competitive disadvantage leading to termination pursuant to Section 8 and/or 9 herein. Section 10. Default by Grantee. Failure on the part of the Grantee to comply in any substantial respect with any of the provisions of this franchise shall be grounds for forfeiture, but no such forfeiture shall take effect if the reasonableness or propriety thereof is protested by the Grantee until there is final determination (after the expiration or exhaustion of all rights of appeal) by a court of competent jurisdiction that the Grantee has failed to comply in a material respect with any of the provisions of this franchise, and the Grantee shall have six months after such final determination to make good the default before a forfeiture shall result with the right of the Grantor at its discretion to grant such additional time to the Grantee for compliance as necessities in the case require. 11 Section 11. Default by Grantor. Failure on the part of the Grantor to comply in substantial respect with any of the provisions of this ordinance, including but not limited to: (a) denying the Grantee use of public rights-of-way for reasons other than unreasonable interference with motor vehicular traffic; (b) imposing conditions for use of public rights-of- way ights-ofway contrary to Florida law or the terms and conditions of this franchise; (c) unreasonable delay in issuing the Grantee a use permit, if any, to construct its facilities in public rights-of- way, ights-ofway, shall constitute breach of this franchise and entitle the Grantee to withhold all or part of the payments provided for in Section 5 hereof until such time as a use permit is issued or a court of competent jurisdiction has reached a final determination in the matter. Section 12. Grantor's Right to Audit. The Grantor may, upon reasonable notice and within 180 days after each anniversary date of this franchise, at the Grantors expense, examine the records of the Grantee relating to the calculation of the franchise payment for the year preceding such anniversary date. Such examination shall be during normal business hours at the Grantee's office where such records are maintained. Records not prepared by the Grantee in the ordinary course of business may be provided at the Grantor's expense and as the Grantor and the Grantee may agree in writing. Information identifying the Grantee's customers by name or their electric consumption shall not be taken from the Grantee's premises. Such audit shall be impartial and all audit findings, whether they decrease or increase payment to the Grantor, shall be reported to the Grantee. The Grantor's right to examine the records of the Grantee in accordance with this Section shall not be conducted by any third party employed by the Grantor whose fee, in whole or part, for conducting such audit is contingent on findings of the audit. 12 Grantor may, upon reasonable notice given within one (1) year following the Grantee's acceptance of the New Franchise Agreement, conduct a final audit of the Grantee's records relating to the calculation of the franchise payments that have been made to Grantor pursuant to the Current Franchise Agreement embodied in Ordinance No. 25-81. Other than any claims arising from alleged fraud, deceit, misrepresentation, intentional withholding of information, or other similar intentional misconduct by Grantee in relation to the calculation or remittance of the franchise payments under the Current Franchise Agreement, Grantor waives, settles, and bars all claims relating to the amounts paid by the Grantee under the Current Franchise Agreement embodied in Ordinance No. 25-81. Section 13. Renewable Energy. (a) Grantor and Grantee recognize that it is in the best interests of the City, its residents, businesses and inhabitants thereof to reduce and control the growth rates of electric consumption; to reduce the growth rates of weather -sensitive peak demand; to increase the overall efficiency and cost-effectiveness of electricity production and use and to encourage further development of demand-side renewable energy systems. To that end Grantor and Grantee agree to use their best efforts to cooperatively work each with the other to promote incentives for customer -owned and utility owned- energy efficiency and demand-side renewable energy intended to offset all or part of a customer's electricity requirements. Nothing contained in this franchise shall be construed as prohibiting or impeding the residents, businesses, and inhabitants within the incorporated area of the City from installing and using renewable energy systems provided the renewable energy systems referred to are otherwise permitted by Florida law. 13 (b) Grantor may, if permitted by law, (i) generate electric capacity and/or energy at any facility owned by the Grantor for storage or utilization at that facility or other Grantor facilities, operations or equipment; (ii) use renewable energy sources to generate electric capacity and/or energy for use in demonstration projects or at Grantor's facilities, operations or its equipment; and (iii) sell electric capacity and/or energy to Grantee or other wholesale purchaser in compliance with applicable rules and regulations controlling such transactions. Section 14. Under -grounding of Facilities. Grantee understands and acknowledges that Grantor's policies strongly favor undergrounding of utilities and improvement of safety and aesthetics. Grantee has filed a Tariff and has adopted a Mechanism for Governmental Recovery of Undergrounding Fees (MGRUF), along with other undergrounding tariffs. Requests made by Grantor for undergrounding shall by implemented by Grantee in accordance with the applicable tariffs in effect on the date of Grantor's request. Section 15. Smart Grid Technology. Grantee acknowledges that Grantor's policies strongly favor the widespread dissemination of meters featuring "smart grid technology" which utilize an interactive monitoring network capable of providing real time electrical energy usage information to both Grantee and Grantee's retail customers via an advanced, two-way communication device. If this technology is implemented by Grantee, Grantee shall utilize its best practicable efforts to provide retail customers located in the incorporated area of Grantor receipt of such technology. Section 16 Infrastructure Hardenin . Grantee understands and acknowledges that Grantor's policies strongly favor strengthening electric utility infrastructure. Subject to 14 FPSC or regulatory approval, Grantee shall implement its infrastructure hardening plan within the Grantor's boundaries. Section 17. Preferential or Discriminatory Practices Prohibited. All services rendered and all rules and regulations adopted by the Grantee shall have general application to all persons and shall not subject any person to prejudice or disadvantage on account of race, gender, religion, origin, physical condition or ethnicity. No otherwise qualified person shall, solely by reason of his or her race, gender, religion, origin, physical condition or ethnicity, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this franchise. Section 18. No Joint Venture. Nothing herein shall be deemed to create a joint venture or principal -agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other. Section 19. Notices. All notices from the Grantee to the Grantor pursuant to this ordinance shall be sent to: City Manager, City of Cape Canaveral, 105 Polk Avenue, or such other address where City Hall may be located in the City of Cape Canaveral, Florida, 32920. All notices from the Grantor to the Grantee pursuant to this ordinance shall be sent to: Florida Power & Light Company, 700 Universe Boulevard, Juno Beach, Florida 33408, or such other address where Grantee's corporate office may be located, marked: Attention: External Affairs. Section 20. _Captions. Captions to sections throughout this ordinance are solely to facilitate the reading and reference to the sections and provisions of the ordinance. Such captions shall not affect the meaning or interpretation of the ordinance. 15 Section 21. Headings; Entire Agreement; Governing Law. The headings contained in this ordinance are for reference purposes only and shall not affect in any way the meaning and interpretation of this ordinance. This ordinance constitutes the entire agreement and supersedes all prior agreements and understandings, both written and oral, among the parties with respect to the subject matter hereof. This ordinance shall be governed in all respects, including validity, interpretation and effect, by the laws of the State of Florida. Section 22. Grantor's Rights of intervention. Grantor and Grantee acknowledge and agree that this franchise in no way affects or impairs any rights either party may otherwise possess under Florida law to intervene in any suit or proceeding to which the Grantor or the Grantee is a party, concerning or involving the Grantor's rights under this ordinance and/or the Grantee's rights under this ordinance. Section 23. Jurisdiction and Venue. The parties hereto agree that the state or federal courts located in the State of Florida shall have the exclusive jurisdiction over the parties and the subject matter of any litigation between the parties arising hereunder, except insofar as the Florida Public Service Commission may have concurrent or exclusive jurisdiction of matters addressed in this franchise. For the purpose of state court action, venue shall lie within Brevard County, Florida, and for the purpose of federal court action, venue shall lie within the Middle District of Florida in Orlando, Florida. THE GRANTOR AND THE GRANTEE HEREBY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION BROUGHT ON THIS ORDINANCE OR ON ANY MATTER ARISING IN CONNECTION WITH THIS ORDINANCE. 16 Section 24. Qualified SeverabilLty. If any clause, section, provision or other part of this ordinance or any portion thereof shall be held invalid or unconstitutional by a court of competent jurisdiction, then said holding in no way affects the validity of the remaining portions of this ordinance. Notwithstanding the foregoing, it is expressly provided that if any of the provisions or Sections of this ordinance are held invalid or unconstitutional, the parties shall attempt in good faith to negotiate a new lawful agreement that restores the fundamental terms of the original agreement. In the event the parties are unable to reach a new lawful agreement, the ordinance shall be null and void and of no force and effect. Section 25. Definition of "Person". As used herein "person" means an individual, a partnership, a corporation, a business trust, a joint stock company, a trust, an incorporated association, a joint venture, a governmental authority or any other entity of whatever nature. Section 26. Repeal of Prior Inconsistent Ordinance Resolutions and Agreements. Ordinance No. 25-81, passed and adopted December 15, 1981, and all other ordinances and parts of ordinances and all resolutions and parts of resolutions in conflict herewith, are hereby repealed. Section 27. Incorporation Into Code. This Ordinance shall be incorporated into "Appendix A" of the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. 17 Section 28. Effective Date. As a condition precedent to the taking effect of this ordinance, the Grantee shall file its acceptance hereof with the Grantor's Clerk within 30 days of adoption of this ordinance. The effective date of this ordinance shall be the date upon which the Grantee files such acceptance. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2011. ATTEST: Rocky Randels, Mayor FOR AGAINST Bob Hoog Angela Apperson, City Clerk Jim Morgan Buzz Petsos Rocky Randels Betty Walsh Approved as to legal form and sufficiency for the City of Cape Canaveral only: Anthony A. Garganese, City Attorney 18 City of Cape Canaveral i ity Council Agenda Form City Council Meeting Date: 7/19/2011' Item No. Subject: Approve Contract Task Order #1 with Raftelis Financial Consultants, Inc. 11 Wastewater Rate Sufficiency Study (Wastewater 'User Rate Review). Summary: Penodically, the City performs a Rate Sufficiency Anal "M ysisof t' Wastewater Faces/Collection System to insure that the rates charged are appropria to both maintain the financial integrity of the Fund and to abstain from charges in! exce of requirements. The last Wastewater Rate Study was performed in 2007 by Brown an Caldwell at a cost of $37,040. The rates went into effect for calendar years 200 'I through 2012. During thiis study, attention was directed to the inequity of th Commercial rates versus the Residential rates. At that time, some adjustments we made to link the Commercial rates to consumption instead of water costs billed. Th I Multi-famlily rate structure was also adj�usted to bilil at a flat rate to assist in th stabilization of revenue. The Commercial rate is 3, times the Residential rate. Considering the recent economic downturn and the shifting demographic, it appropriate to again address the rate sufficiency of the Wastewater system to assure is fiscally sound and treats customers equitably. The City recently contracted for study to address, the expressed concerns of Commercial customers. The stu identified that, in general, Commercial customers currently paying sewerage rates three, times the Residential rate are subsidizing the Residential community approximiateIy $485,000 annually. Raftelis Financial Consultants, Inc. recently contracted with the City to provid continuing services, when required, through the Consultant RFQ process. Mr. Mi Rocca managed the Brown and Caldwell 2007 Study and is now the Managing Direct for the Florida Office of fir' telis. He has maintained a working knowledge of the City Wastewater Facilities/Collection System and is highly qualified to provide accurate a timely analysis. The proposal is estimated to cost NN 'OThis is in addition to $6,6 initially expended to determine the amount of the rate inequity and! identify possibl solution(s) for Council's consideration. StaA recommends the City embark on a Wastewater Rate Study that encompasses t following goals: I 1 . Provide a rate structure that will allow the Wastewater Treatment Plant to provide sufficient revenues to meet the fiscal and capital improvement requirements for the fiscal years ending 2017/18; 2. Develop equ!itable andappropriate user rates and charges; 3. Identify available rate options to accompilish Items 1,,,-iqd-)2 above. Submittina Devartment Director: �k.n*4-e-o-Bv-u7ei . ............ . ............. . . .. .. ...... . . .. . .... . .................... . ..... Attachment(s): • Wastewater Rate Normalization Review • Contract Task Order No. 1, Wastewater User Rate Review ......m.................m . . . . . .... . .... ............ Financial Impact: This Study is estimated to cost $25,000; there are sufficient contingency funds available. Reviewed by Finance Director: Andrea BowersDate: m.........- .. .... ......... . ... .. . .................. The City Manager recommends that City Council the following action(s): Approve Contract Task Order #1 with Raftelis Financial Consultants, Inc. for Wastewater Rate Sufficiency Study (Wastewater User Rate Review). Approved by City Manager: David' L Greene Date: -711.1111 City Council Action,: Approved as, Recommended Disapproved Approved with Modifications Tabled to Time Certain, . . ......... ... . ................ . . . . . ........... . . ...... RFC■ 976 Lake Baldwin Lane, Suite 204 ■ Phone 407.271.4775 ■ www,raftelis.com Orlando • Florida • 32814 Fax 407.730.5941 RAFTELIS FINANCIAL CONSULTANTS, INC. May 5, 2011 Ms. Andrea Bowers City Treasurer City of Cape Canaveral 105 Polk Avenue Cape Canaveral, F132920 Subject: Wastewater Rate Normalization Review Dear Ms. Bowers: This letter provides a summary of our findings relative to the normalization of residential and commercial rates including a provision to recover the costs incurred by the City'of .Cape Canaveral's (the "City") wastewater system in providing reclaimed water to a;portion of the Cify's service area. The findings herein are for staff level comparison and clarification purposes only and not:intended as recommendations for rate structure modification or rate adjmiments. E ' The existing wastewater rate structure provides-`for-a`policy driven.., commercial rate bias of three times residential rates. It is not unusual, -'for commercial wastevgater rates to be greater than residential due to capacity and loading characteristics ;; associated with. ' n6n-residential customers. However, the objective of the limited review aci vity.jherem is not to .substantiate the existing rate differential, but rather to identify alternative rate eifu., zation adjustments including with and without the consideration of revenues derived:froxn commencement of reclaimed water rates. The initial step in the study process consisted 6f-obtainmgkand"analyzing the existing wastewater and reclaimed water customers within the Ct/,,.s' service..area pu'isuant to customer class, connection size and usage characteristics, as -summarized ii,Table 1.'It`should be noted that reclaimed water is not individually metered..and therefore, reclaimed usage reflected herein are based on assumptions provided by City wastewater staff Table 1 Actual for FY 2009/10 tae*Para tr+r �11CYAm PtC Billable is % ERUs % Usage % Revenue % Single Family 1',717 65.3% 1,723 19.5% 50,702 16.5% $553,769 17.6% Multi -Family ' 728 27.7% 6,642 75.0% 200,933 65.5% 1,730,723 55.1% Commercial 149 5.7% 411 4.6% 47,990 15.6% 810,074 25.8% Public Bldg. 36 1.4% 81 0.9% 7,369 2.4% 47,634 1.5% Grand Total 2,630 100.0% 8,857 100.0% 306,994 100.0% $3,142,199 100.0% Reclaimed Water Customers Line Size 1 -inch 2 -inch 4 -inch Total Single Family Multifamily Commercial Public Total 679 39 - 718 117 188 28 333 12 19 - 31 9 12 - 21 817 258 28 1,103 Ms. Andrea Bowers May 5, 2011 Page 2 The data and findings obtained from the billing frequency analysis were used to reallocate revenue requirements based on rate structure alternatives, which included (i) deleting the policy driven commercial multiplier; (ii) adjusting the Commercial usage rate by an additional 20 percent; and (iii) introduction of income derived from reclaimed water at alternative monthly fixed rates per Equivalent Irrigation Connection (EIC). For the purpose of this analysis one EIC is equal to a f— inch reclaimed water connection with a 2 -inch reclaimed water connection being 4.0 EICs and a fl- inch reclaimed water connection being 16.0 EICs. The following are summary descriptions of the alternatives. These assumptions on the EICs for each connection size do affect the outcome; therefore, these assumptions will need to be revisited in the event the City proceeds with wastewater rate adjustments predicated on one of the alternatives. • Alternative 1— Normalized Rates without Reclaimed Revenue. This alternative: (i) deletes the policy driven commercial multiplier and (ii) adjusts all rates to achieve the original level of revenues. • Alternative 2 — Normalized Rates with Commercial Usage Adjustment without Reclaimed Revenue This alternative: (i) deletes the policy driven commercial multiplier,(ii).: indexes the Commercial usage rate by 20 percent for wastewater loading; and (iii) adjusts all rates to achieve the original level of revenues. • Alternatives 3A, 3B and 3C — Normalized Rates with Reclaimed Revenue at Various Reclaimed Fixed Rates These alternatives: (i) deletes the 'policy driven, commercial ,multiplier; (ii) introduces Reclaimed revenues based on $5.00 per`EIC,:per month for Alternative 3A, $7.00 per EIC per month for Alternative 3B and $9.00 per`EHC per month for Alternative 3 C; and (iii) adjusts all rates to achieve the oi3ginaI level of `revenues. • Alternatives 4A, 4B and 4C`— Normalized Rateswiih Commercial Usage Adjustment and Reclaimed Revenue at Various Reclaimed Fixed Rates These alternatives: '"(i) deletes ,the policy`•driven commercial multiplier; (id) introduces Reclaimed revenues based on $5.00 per EIC per month for Alternative 4A, $7.00 per EIC per montli-for.Alternative 4B and $9:,00 per EIC per month for Alternative 4C; (iii) indexes the Commercial`usage"tate-by 20 percenf for wastewater loading; and (iv) adjusts all rates to achieve the original level of revenues $' Computable wastewater; user rate`adjustment percentages by user class for each alternative are summarized in Table 2'from more'detailed analysis presented in Schedule 1. The comparable results reflect the amount ofIincreases or decreases anticipated in revenue generation, which directly correlates to rate adjustments, for each stated alternative. As an example Alternative 413 shows that: components of the' Single Family wastewater rates would need to be increased by 5.85 percent, which together with a portion _ofthe new revenues from reclaimed water derived from a $7.00 per month per equivalence charge,`would provide the proportional amount of revenue for this customer class. Please note that the alternative results, although believed to be representative, are for comparison and informational purposes only, as no cost of service or other comprehensive rate analysis has been conducted to substantiate the results for rate setting purposes. Additionally, the amounts selected for reclaimed water monthly charges per EIC are for comparison purposes only. Identification and setting of appropriate reclaimed water rates for customers within the City limits requires a more detailed study to fully address both financial, administrative and policy matters. Ms. Andrea Bowers May 5, 2011 Page 3 Table 2 Summary of Alternative Revenue Neutral Rate Adjustments Alternative Single Family 20.80% 18.51% Muld-Family 20.80% 18.50% Commercial -59.87% -53.27% Public BIdg. 20.80% 18.49% Net 0.00% 0.00% Alternative 3A - $5.00 3B - $7.00 3C - $9.00 Single Family 11.76% 8.14% 4.53% Multi -Family 16.24% 14.41% -12.58% Commercial -60.52% -60.78% ;'' 41.04% Public Bldg. 13.66% 10.71% 737% Net -4.38% -6:140/6 -7.89% _ Alternative 4A - $5.00 4B -.$7:00L: 4C - $9.00 Single Family 9.46% 5.$5% 2.240/ - Multi -Family 13.94% _; -'-' `12.11% 10.28% Commercial -53.92%`:.,` , , -54AM -54.44% Public Bldg. 1134% 8.406/6_ ` 5.46% Net -4'N% -6.14% '` . -7.89% Once you have an opportunity to, review the results' provided in this letter, I would suggest that I meet with you and Mr. Greene to`•more._thoroughly`present the findings and address any specific comments. Your patience and assistance in- mthe develowhent.,of this analysis is greatly appreciated. Very truly yours, Raftelis Financial Consultants, Inc Al Marco H. Rocca -CMC Director,d--Fl6rida :Operations '' Schedule 1 Alternative Wastewater Rate Adjustments Revenue Existing Proposed Adjustment Reclaim Total Alternative 1-- without Commercial Adjustment or Reclaimed Revenue Single Family $553,800 $669,000 20.80% $0 $669,000 Nfulti-Family 1,730,700 2,090,700 20.80% - 2,090,700 Commercial 810,100 325,100 -59.87% - 325,100 Public Bldg. 47,600 57,400 20.80% - 57,400 $3,142,200 $3,142,200 0.00% 30 $3,142,200 Alternative 2 - with Commercial Adjustment without Reclaimed Revenue Single Family $553,800 $656,300 18.51% $0 $656,300 Multi -Family 1,730,700 2,050,900 18.50% - 2,050,900 Commercial 810,100 378,600 -53.27% - 378,600 Public Bldg. 47,600 56,400 18.49% - 56,400 $3,142,200 $3,142,200 0.00% $0 $3,142,200 Alternatives 3A, 3B and 3C - without Commercial Adjustment with' Reclaimed Revenue Revenue, , Existing Proposed Adjustment..`.,. Reclaim Total Alternative 3A At $5.00 per Month Per 1.0,'" Equivalent Connection '`• Single Family $553,800 $618,900 -11.76% $50,100 $669;000 Multi -Family 1,730,700 23011,700 '` ".'16.24o', 79,000 2,090,700 Commercial 810,100 319,80.•0.` -: -.``., :-60.52%,, ' 5,300 325,100 Public Bldg. 47,600 54,000 -13.66% 3,400 57,400 $3,142,200 $3,0.04;400 ,; -4.38% ' ,4137,800 $3,142,200 Alternative 3B At $7.00 per Month Per ]10", Equivalent'Coririection Single Family $553,800 $598,900` . ,i ` 8.14% $70,100 $669,000 Multi -Family 1,730,700.._ 119801100',., ': 14.41% 110,600 2,090,700 Commercial 810,100:,'--' . 317,700 -60.78% 7,400 325,100 Public Bldg. 47,600 '"'~ '~-52,600 30.71% 4,800 57,400 $3,142,200 , $2,949;30.0 -6:10/6 $192,900 $3,142,200 Alternative 3C At $9.00�pee-Month Per 1.0';:'EquivaIent Connection Single Family- ,.$. _.,.553,800 $ :,578,900 -`4.53% $ 90,100 $ 669,000 Multi -Family;'''.., 1,736;700 1;948,500 12.58% 142,200 2,090,700 Commercial r " ,, ' . 810;100 315,600 -61.04% 9,500 325,100 Public Bldg. 4,7,600 .,. 51';200 7.77% 6,200 57,400 $ '3;112,200- . ,$'- -2,894;200 -7.89% $ 248,000 $ 3,142,200 .'Alternafives,4A, 4B 2ihd'4C -- with- Commercial Adjustment and Reclaimed Revenue Revenue Existing Pro osed Adjustment Reclaim Total `- Alternative 4A At!$5.00 per Month Per 1.0" Equivalent Connection Single. Family $553,800 $606,200 9.46% $50,100 $656,300 Multi-haTily 1;730,700 1,971,900 13.940/D 79,000 2 050,900 Commercial ,:1810,100 373,300 -53.92% 5,300 378,600 Public Bldg. 4` 47,600 53,000 11.34% 3,400 56,400 $3,142,200 $3,004,400 -4.39% $137,800 $3,142,200 Alternative 433 At $7.00 per Month Per 1.0" Equivalent Connection Single Family $553,800 $586,200 5.85% $70,100 $656,300 Multi -Family 1,730,700 1,940,300 12.11% 110,600 2,050,900 Commercial 810,100 371,200 -54.18% 7,400 378,600 Public Bldg. 47,600 51,600 8.40% 4,800 56,400 $3,142,200 $2,949,300 -6.14% $192,900 $3,142,200 Alternative 4C At $9.00 per Month Per 1.0" Equivalent Connection Single Family $553,800 $566,200 2.24% $90,100 $656,300 Multi -Family 1,730,700 1,908,700 10.28% 142,200 2,050,900 Commercial 810,100 369,100 -54.44% 9,500 378,600 Public Bldg. 47,600 50,200 5.46% 6,200 56,400 $3,142,200 $2,894,200 -7.89% $248,000 $3,142,200 CONTRACT TASK ORDER Task Order No. 1 to Agreement for Continuing Consulting Services between the City of Cape Canaveral (City) and Raftelis Financial Consultants, Inc. (Consultant) for Financial/Management Consulting Services SECTION I DESCRIPTION OF SERVICES TO BE PROVIDED The Consultant will conduct a review of the wastewater user rates to identify the appropriateness of the existing rate structure, especially with respect to the Commerc al customer classification, and the ability of the existing user rates to provide sufficient revenues toy meet the fiscal and capital improvement program CIP requirements for the five fiscal ears ending' 2017/18. Additionally, the p p g ( ) q y � g y� Consultant will review and develop a user rate structure and ;rates for reclaimed water services within the city limits of Cape Canaveral. �\ ', METHODOLOGY A modified cost of service methodology providing consideration of: (i) customer class demands, wastewater loading if feasible and usage chaiacteristics; (ii) utility policies; and ((i budgeted fiscal requirements for test year 2011/12 will be used to identify appropriate rate structure components and rates. PROJECT APPROACH The Consultant will utilize existing data°aiid as;n, historic, current and projected information; data conclusions relative to the project. Such acti".'e-. (a) Identifieat dna oftcustomer wasted previously develot ed wastewater inate with City staff to obtain or develop tions ecessary to formulate finding and to inctuue: ied water characteristics based on the y` analysis and recently City provided data on`existmg reclaimed water connections; (b) Evaluation and modification if necessary of the existing wastewater water rate ructure; (c) De"velopme�nt oft.�to requirement,with the inclusion of reclaimed water revenues; (d) Allocation of net rate requirements based on the selected cost of service principles; N e Projection' ro ection `of `net rate \requirements based on escalation factors relevant to each budgeted line ,item; (f) Development Of equitable; and appropriate user rates and charges, which together with `ce�tan other revenues are sufficient to pay 100 percent of all operating expenses, debt service, renewal; and replacement requirements, capital provided through user fee reve u&t ,requifed transfers, support of projected capital improvement program and other a4h0ri:z dfiscal requirements; (g) Development of a computer rate model with provisions for multi-year projections to address future operating and capital requirements; and (h) Meetings, discussions and presentations to City staff, members of the City council and at public hearings. SCOPE OF SERVICES ITEM I. RATE STUDY The study process incorporates reviews, investigations and analyses necessary to identify the costs of providing wastewater and reclaimed water services along with the corresponding customer determinants required to establish appropriate user rates. The study approach includes the Page 1 of 6 development of a computer rate and financial feasibility model platform to analyze, develop, review and provide forecasts of customers, usage, fiscal requirements and strategic funding of the CIP. 1. Project Initiation - A meeting with City staff will be held to initiate the study process, which in general includes review and updates of: a) Primary goals and objectives; b) Data previously provide by the City and availability of any new data; c) Operating and administrative policies and procedures; d) Current and future economic constraints; e) Customer base and other service agreements; f) Customer growth or expansion; g) Capital improvements; h) Consultant/City staff communications; and.. i) Time schedules, meetings and deliverable �for mats. 2. Customer Data - A recent review and evaluation`of historic and=current, wastewater and reclaimed water customer activity was conducted to identify customer 'characteristics and will be used and to the extent feasibleupdated>.,to address,,more detailed,,data on Commercial classifications concerning type of busines�,:vastewate loading characteristics; number of dwelling units, etc. 3. Fiscal and Revenue Requirements == financial and accounting information; operation and maintenance reports,,, -,c,, and proposed debt: service. The result; concurrence and then used as the basis working with t -heCity Co reconcile aff. capital accounts:` 4. Rate aiid" `Fee Architecture', ,;..The - customers. .er with co review and`eyaluation will be conducted of utility ;h.,as budgets, historical and current financial records, tal;iinprovement programs and schedules of existing id findings.will be discussed with City staff to obtain r fiscal and reirenue requirements. This item includes ted activities such as allocation of interest income and �a ung rate structure will be evaluated to identify )fyparticular interest will be an evaluation of the d establishment of a rate structure for reclaimed interest will be evaluate and developed as necessary Amer billing impacts, revenue sufficiency and other objectives:'` )mer class a Rate Adjustrnncnts - Net revenue requirements for each utility function will be allocated to each individual rate structure components pursuant to the proposed rate structure criteria. User rates will`be\ developed independently for wastewater and reclaimed water based on customer classes,' .equivalency/demand determinants and allocated revenue requirements. Tables and schedules identifying changes in the proposed rates together with customer impacts and comparison to other communities will also be developed and included in the study process. 6. Forecast of Customer Equivalencies and Billable Usage - Pursuant to historical and planning data provided by the City, projections of the number of equivalencies and billable flows by customer class and rate structure configuration for each utility service will be developed and reviewed with City staff for concurrence. Page 2 of 6 7. Forecast of Revenue Requirements and Operating Results - A 5 -year proforma operating statement will be developed for each utility service and combined into one consolidated statement. The proforma will include projections of revenue, O&M expenses, net revenue, debt service, transfer from other utility funds and other fiscal activities/requirements of the utility. The projected operating results will be used to demonstrate the sufficiency of recommended rates and feasibility to provide for capital improvements. S. Preliminary Findings - Upon completion of the initial analysis, the Consultant will meet with City staff for the purpose of: (i) reviewing the findings and conclusions; (ii) discussing any issues or concerns City staff may have regarding the findings and (iii) obtaining City staff comments, observations along with directions on proceeding with the development of an initial draft report.�A 9. Draft Reports - A draft report will be prepared;..containiing''discussions, tables and supporting documentation associated with the major elements: of the study, including but not limited to customer data, fiscal requirements, rate architecture and projections of operations. Copies of the draft report will be provided in electronic; for mat, to City staff for ,ry iew and comments. 10. Draft Report Meetin - One meeting\'is contemplated�between the Consultant and City staff to present and discuss the draft report. It is'anticipated that upon completion 6NIiis meeting City staff will provide a sufficient level of comments and directions to allowJtlle Consultant to a� finalize the study.�'' � 11. Final Report - One printed signed, copy tpgether with `an\electronic copy of the final report will be provided to the City. 12. Final Meeting The,.,Consultant willattend one public hearing for the purpose of assisting with the presentation of the findings of the ;Final ReporC to"the City Council. ITEM II. ADDITIONAL E Pursuant to~Iiem,I�'of the City, for additioaksery ',verification of customer i for Reclair e( including anj with develol other entities ITEMS TO BE ter classesa# Water; addi bne-on-one i n1 ,the draft ve\Scope°of Sei vices,` the Consultant will respond to requests by the \, The additional' services may include, but are not limited to: at City,level; requests for development of alternative rate structures the stbin:ittal of the Draft Report; development of Capital Charges anal me6tings not included with the three identified in Item I above etings with City officials, customer groups or large users; assisting rdinance/resolution; implementation assistance; negotiations with services; capital funding assistance and utility strategic planning. AT NO EXPENSE TO THE CONSULTANT: The City will assist the Consultant by furnishing, at no cost to the Consultant, all available pertinent information including updates of previously provided data and new data if applicable to customers, billing frequency reports, operating reports, financial statements, budgets, cost estimates, agreements, ordinances, codes, and any other data relative to performance of the above services for the project. It is agreed and understood that the accuracy and veracity of said information and data may be relied upon by the Consultant without independent verification of the same. The City will designate in writing a person to act as the City's Representative with respect to the services to be performed under this Agreement. Such person shall have complete authority to Page 3 of 6 transmit instructions, receive information, interpret and define the City's policies and decisions with respect to materials, equipment, elements and systems pertinent to the Consultant's services. Page 4 of 6 SECTION II TIME OF PERFORMANCE The Scope of Services will be complete within ninety (90) calendar days from receipt of Notice to Proceed except for delays beyond the reasonable control of the Consultant. Item I Tasks 1 through 10 of the Scope of Services are anticipated to be completed within seventy-five (75) days. Item I Tasks I Ithrough 12 and Item H of the Scope of Services will be completed as mutually agreed. The probable time table by tasks for the rate study is provided below in the graph. Page 5 of 6 Rate Study Probable Time Table \\ 100 90 80 ®� 70 60 50 QM L) 40 30 20 e` 10 1 :2 y 3 4 5: '' 6 7��' 8 9 10 11 12 ;�-�.- `5 5"`��; 15 45 ,45 45 �` 45 30 70 75 80 End 5 30 30t`;: 45 60 F760 60 65 70 75 80 90 Scope Task - Page 5 of 6 SECTION III COMPENSATION The Consultant for Item I of the Scope of Services will be paid a lump sum in the amount of Twenty Five Thousand Dollars ($25,000.00) including reimbursable expenses as per the services authorized and performed in accordance with Section I of this Task Order. The Consultant for Item H of the Scope of Services reflecting Additional Services shall be paid either a lump sum or hourly rate per the hourly rate schedule below plus reimbursable expenses as mutually agreed and issued in the form of a change order. Invoices for services shall be submitted monthly and payments Hourly Rate Administrative Support Personnel Technician Associate Consultant Senior Consultant Manager Director Of Florida Operations Technology Expenses * Technology/Communications Charge this,is an hourly fee`cha' worked on the project to recover telephone, facsimile, computer, conference calls, electronic/computer (i e. Weba, Go'ToMeetings) SECTION IV ZZ TASK ORDER AUTHORIZATION Print: Date: net thirty (30) days. $60 $90 $125 $150 $200 $10 monthly for each hour ige/overnight delivery, .ocovies, etc. RAFTELIS FINANCIAL CONSULT�4TS, IlVC�, CITY OF CAPE CANAVERAL By: Print: Date: Page 6 of 6 City of Cape Canaveral City Council Agenda Form oi City Cuncil Meetiing Date:7/1912011 Item No. 7 Subject: Approve implementation of the Parking Meter program at each Presidential street beach end and at the beach end in Harbor Heigihts, including identified support systems and making the meter system purchase utilizing the Ft. Lauderdale contract with Digital Payment Technologies Corp. Department: Finance Summary: Staff has investigated the parking meters available and determined that the Digital Payment Technologies' model LUKE would provide the most comprehensive service with the least inconvenience to the user and the residents. One parking meter I would be installed at the end of each location and would' service all parking spaces on the beach end. The units will accept cash, coin, debit and credit cards. Along with the purchase/installatioof the parking meters, the following! items wilil be required to complete the support system,- • Ordinance revisions • Support software/hardware • Handheld ticket units • Golf cart — used for enforcement • Enforcement staffing — two part-time Meter Readers • Contract with a vendor to accept online payments • Construction of 17 "Shacks" to provide protection from the salt spray and help maintain the "beachy" atmosphere Establishment of this Program will shift the cost of beach maintenance, which includes the parking areasi, crossovers and beach rake maintenance, to those who use the City's beautiful beaches, but do not live in the City. An "Annual Pass" is proposed to reduce the cost and inconvenience to both residents and non- residents alike. It is proposed that Ad Valorem Taxes be utilized for resident passes under the assumption that property taxes are already being utilized to maintain the beach ends. Municipal Annual Parking Pass prices range from $5 in Cocoa Beach to $60 in Naples. The City would "piggyback" on the Ft. Lauderdale contract. Cocoa Beach has also chosen the Digital Payment Technologies product and the parts would be interchangeable with the units that Staff is proposing. Having another entity that uses the same parts provides assistance to both agencies, in an emergency. A Lease Option is also available. It would include all Start -Up Costs directly connected to on/operation of the meters except the Beach Shacks. The proposal is quoted based on current interest rate of 4.541%. Terms are $4,30,0/month for 60 months, a total of $258,000. This represents an increase of $17:,845 in costs for the Program Implementation. If a Lease Option is desired, the General Fund maintains sufficient Unrestricted Fund Balance to provide the borrowed funding in-house. Following is a projection of the annual revenue strewn and costs anticipated to implement a Parking Meter, Program ror the City of Cape Canaveral Beach Ends, This projection includes web based payment ability for tickets issued. This service could! also be utilized for Business Tax Receipts, Fire Inspection Fees and Building Permits, The Meter costs may be reduced by $917/unit ($144672) if coin is eliminated as a payment option. Start -Up Costs Meters Management Software & Accessories Installation of Pay Stations Solar Panel mounting Pole Beach Shacks Training Freight Spare Parts Inventory Coin Bags and Bill Slacker Hand Held Ticket Units Golfcart 196,071 2,137 8,000 6,400 9,472 2,500 4,,800 3,,655 7,120 Direct Costs 8,000 8,200 Support Costs Total Start -Up Costs Revenue Revenue from Meters 141,120 Tickets Paid without Problems 24,072 Ticket Revenue from Collections 3,672 Annual Projected Revenue from Meters 240,155 16,200 S 256,355 168,864 Annual Costs Amortized Start -Up Costs (15 Years) 17,090 Two Pan Time Meter Readers 24,097 online Services, including Web -Based Reporting, Real -Time Credit 13,440 Card Processing and Monitoring & Alarming Product Maintenance Agreement 8,400 Credit Card processing for Ticket Payment 2,540 Annual Pass Program 2,000 Maintenance of Golf Cart 2,500 Annual Costs 70,067 Total Projected Net Revenue from Meter Program =0 I 98,797 Date: 7 / 011 Attachments: Attachment #1: Digital Payment Technologies Information and Procurement Information from Ft. Lauderdale Attachment #2: Sample Ordinance Attachment #3: Proposed "Shack" Attachment #4: Map of Proposed Meter Locations . . ..... . ... Financial Impact: Implementation of the Parking Meter Program will have an off -set affect in that the City can then bring all Parking Citation collection in-house, saving $10 per ticket currently being charged by the County Clerk's Office. The budgeted cost for FY 10 $3,160. Estimated revenue (net) from implementation is approximately $98,797. Thiis would be additional revenue to the City. Additional funding for the Crossing Guard Fund of $10,060 would also be realized with the additional parking tnforcement, Reviewed by Finance Director: Andrea Bowers The City Manager recommends that City Council *ke the following action(s): Approve implementation of the Parking Meter Program at each Presidential streell beach end' and at the beach end in Harbor Heights, including identified support systems and making the meter system purchase utilizing the Ft. Lauderdale contract with Digital Payment Technologies Corp. If Council desires the Annual Pass Option, Staff will assess the annual cost of Beach Maintenance and provide an, appropriate cost. Approved by City Manager: David L. Greene Date: City CoA uncil ction: Approved as Recommended [ ], Disapproved ITMU Moo [ ] Tabled to Time Certain � ^ \ \ a r, �<e i,'- Jeff Ha.rringtOD Rq,60j'Ull Wimager EM \ .§z/\ � Attachmentl J:::)­­J-) n"a a k"'cl L t.) E to Dic �ta] F" CA) �Mt� in-q,,.)rm/e on ­street pairig for boltl al-ld parkers. d,,.,AJ K E Ill » M efik"?ctive sdution kl'fli"le gromirjg haHet-i'i dpia� ges n ­i r'r'nm i C1, Our tecl,triology gives I.A.)KE sigrlificant advantages, inckldlit1gthe RADIUS 1,.)ower mariagernerlit to ad foir pay station deployalerlt in loo Sunlight conclitlons, real -flans credit card authorization, and remote rate configuration, LUKE has a large, full--00l0r screen that's easy to read and can be pro grarrimed with prompts in different laDgUages, And LUKE is available in almost any color, 1"I"ie L LIKE Pay Stafic Parkers prefer LUKE because it provides in a design that's easy to recognize as a pay slation is large, full -calor sicreeri thiat's easy to read a better user experience prorinpis in different languages standard payffient options including coins, bills, rind credill cards advanced payment options such as sniart cards or value cards MunicipMitiesaind Institutions choose LUKE because it provicim im theft -proof design to protect coins and bills high levels of encryption for data security reduced street clutter improved aesthetics, inck.iding custorn color opfions better user compkance Parking operators appreciate LUKE because it provides: is the abiHty to Configure rates, remotely - by date, time and payment type im Play -and -Display and Pay -by -Space rnodes in intiegratOn with indUStry ieading enforcemenr systerns real-firne credit card processing Payment Card linCILISIry (PQ compkance reduced maintonance, and coflecflon costs RADIUS power managernent system * cornplete iauditl controi *reaktiffie repoi-iing and akarrr0ng Ctrl, mectvvifl­l L,.LJKE The LUKE pay station can work in different morJes Stand -Alone Data is collected RlarlLiaily in an easy and efficknit process, Our clients are provided with cornprehensive nianagement, reporting, and configuration control. Credit card transactions are processed in batches. Rates and messages are created offline and transfened via sneaker, not. Stand-alorie systerns can be easfly up- graded to online systerns whien required, Onfine We developed our Enterprise Managerrient System (EMS) to give LUKE online capabikies, With EMS, you can rise I'he Internet to manage your parking systri EMS can connect you directly to your pay stations -- each station can advise YOU when repairs are required and when they shottid be emptied, No additional hardware is required -- LUKE is EMS -ready and just needs a simple Ethernet connection to the Inter- net, Server Option The Enterprise Serrver option of our EMS service 9ves our clierils the option to own their own server and oriiine software, This opflon provides dients with conrpl(,,;tp control over all data and can be very cost-effective in rriurflclpail or c arnpus de plOyll'nerliS A,Rachimrvt 2 EKE S C aka1 iu wi Cabinet -- 12, g a uge,c6d rolled or stainless steel w4h no piy o6nis mh Paynent Options - Coins, Bills, Credit (",ards, Eirnart (',ards, Value Cards Card Reader -- Cards are not ingested . - no moving pawls Reads Track 1, 2 and 3 of alf rnagriefic stripe cards coJorn-iing to ISO 78 10 and 78 11, Reads and writes to chip -based smart cards C'10 H if0M1i1r(j to ISO 7810 and 7816 Note Stacker - 1,000 bill capacity Flr. rter 2" receipt width Display Color LCD wrote 640 x 480 re&olufion m Keypad -Tactile buttons a Locks - Can be re -keyed twice wrthat.fl rerrioving lock cyIiinden, a C,ornmunications --. GSIVI/GFIRS, CDMA, 802 11 b/g Wi-Fi, Melro ScaIe Wi-Fi Networks, Ethernel jj)p En*onmentaI Specificatiorrs -- -40` F to +140 F (40" C to +60" C)i' and up to 85 percent relative hunirdity (non-oondens'ing) Powe,, -- AC 120 V, 60 Hz foi charging balleiy or integrated soiar panel (20 W) Operation Modes --- Pay -and -Display and Pay -by -Space % Mullfinguall Option - Up to loutwlgtiages using roman or r10114()Man characters a Audible Alarm Senses shock and vibration vw Online Option EMiS integration to provide reaktirne crecI4 card procoss4,q, roakfirne reporting, rnaintenance arid secur4y alanns, rernote rate configuration, DPT Web Services dntegration with third -party tedino�ogiesl and rrmre flex Color -- Custorn colors available hlStrUCVOr r Panel - Ca.,iston-lizabie Standards-- PCI cornpliant, LJL/C SA approved, ADA corripNant 40', F k-401 C) based ou separm ely p,are hased heMcmAnsuhitojr opkx) Low end of o am, is its A" F (,20' C) arribiem wilhout heaN,,r/;rmj1akx opion. Digital Payment Technollogies, Corp. We are an indUStry leader 41 the desuqln, rnanUfaCh.ire, and disinbufion of niulli-space, pay slatlons, parking rnanagernent software, and online services, From our beginnings with ffie lnfella-Pay, we've growrn to become a leading Supplier of: innovative parking pay smflon solutions. We offer an expanded range of Web -based app' bcations and integration with third -party techrrdogies, in such areas as smart cards,, cornmunicalions protocols, and enforcement systerns. We're always exploring new ways to add value to our products: first Nortb American on -street parking pay station integrated with a rnetro- scale Wi-Fl network first to enable salients to host their own serve�r for Online services first to integrate a color screen into a rnulti-spaceon-stroet parking puaay statori first to develop integration between pay stations and Pay-by-Phorre parkir)q so enforcerTrent data can be automatically consolidated for both systems Our products are supported by outstaniOng CUStOrnef service. We're available to help you around the clock with 24/7 telephone support, OLH CUStOMPr SafVjCe SUPPOH Portal allows you to e-rnail support questions, check the status of your helloclesk ticket, download product docurnentation, browse knowI edge base articles, and access live remote, support We also have as growing network of reslIers to provide locaal sales and on-sfte support, ae To learn ore about LUKE, lAe eascall 888..687-6822 011GITAL mor visit our Web site at www,dlgitalpaytech,.coni. PAYMENT UCHNO4QMrS P A R K E R S YSTE N1 S Citde Suen r Tf", 8;8N - 1;° -`7"x"7 xz,LIM Amml H�fe fl­'lj(,Iff-jil cq,",','),ahhfies of LLIKE and "IS �4"s a seaire ,syster"in. flrial '.), I i E" 1. B Y' jl­"�a,�,t MIUAIS ),/0LI to t")efter nnw'lia,gie your, cperatJoir-is ar'd rew"Idl q0f'" y tO SitUatior"ls &I"11, fl,"tey arise At the core of the EMS systern is EMS Basic., Once YOU have EMS Baslc, you can choose to add additionM featUres for increased functionality, B\A""") Basic Using EMS Basic YOU C11M m securely log h')to the systerri horn anywhere, Lasing Firefox or Internet Explorer 5.x and Ngher, with 128- bit SSL encryption a l delete and rnalritain user accounts 0 COrIfigUre rates, messar es, and other parking inforinaflon and then remotely rfistribLfllO this to your pay stations pw compile arx.1 retrieve valtd/expired stall inforrnation for aall bay stations using any pay station on the network n allow parkers to add trrIle to lheir permil from, any play station on the network I le,' Ill I I I., Cr -edit C ai-clail. t ,0sing you have the ability to VN approve or decline credit card payrneNs at the play station 4'1 real-firne to increase the speed of accounts rocolwible, coHlectioris, and reduce bad debt qx pay the lower transaction fees associated wAh reaktirrie transacdons provide an authorization Mlrnbpr printed on the permit at the tirne Of Purchase M refund credit card trarrsactions via tine EMS Web appHcalion Supports numerous processors or gateways such as: R6, Allied Data Systerns (ADS) NN Authoflze,Net Na First Data Nashville * Moncris (Canada only) * Payrnentech (US, and Canada) in Payrnerit Processing trice, l Digital Payment Technologies (DP IF) to obtain a complete list of procfassoirs and gat(WayS currently supported, Moi' dttai ir'x,' , ar"id Abr'rv"f4­llg Proactively send iInformation to your staff in the field regarding the status of each pay station. Monitoring and alarming also enable you W N nese a Web brawseto retrieve fl -re status of pay station resources SUCirl as the door, printer, batteries, paper, cash receptacles, bill validator, toniperalure, hurnidity, and Slrjock Marms, a allow) real-Nme alarm no0cation to distribution llst:s based on e-rnail addresses or telephone numbers, for immediate response by purls ng personnel Repartin,c' Generate real-time reports blased on transactions and stall information from play stations, Reporfing, gives you the ability, t zaruse a Web browser to view, print or export current totals of permit sales in real-firve a view, pflint or export a copy of any audit report as soon as rt is (..fenco'aled la query, lvilew, print, or export iransaclion detalls with lot se fting, n-mchl number, iransaction datettime and perrnt exj)4y datelince a view, print, or export credit card processirq information and simplify mond'"ily Merchart accOUnt deposit reconcRiafion COLIPWIS Provide authorized parkers with elght-clilgit coupon numbers to receive free or discounted permits, Coupons also allow Yalu to: fm spedfy the effective stand and end dares of coupon avaHability a specify the numbler of firnes as cm,lpon can be Used during an allotted Urne period (including unlimited) wrestrict access to rates blased Ir"pon a coupon number U spedfy a percentage discount based upon a coupon, number ju specify a region, pay staaflonl of stall range forNC' free COUpon rimitjer is valki \,,/a.ILJ E" C I Accept and audial specific wflue carcis and carnpus cards in real-time, lncluding� s, Blackbowd a TotaliCard s, NuVision Consolidate enforcement space and trarmacfion data when using the Verrus Pay -by. -Phone systern. Pay -by -Phone allows you to: enable parkers to add more, finre to a perrnil purchased at a pay station using a mobiip phone v4f send pay strition arid Pay,by-Phorie transactron results to the EMS server so all data can be available for entorcerrient m sand pay station and Pay -by -Phone iransaclion results to the EMS server to be intogiated fair consolidated iepollng purposes Connect EMS with complementary products within YOUr parking operationsto delliver additional functionality, improve business practices, and simpffy operations. Addltional functions can include: wirelessly deiivering play staticrispace data to enforcement handhelds centralizing revenue data born various parking lechriologies rx� integraVng with Web applicationsand corrNxate intranets cornaiurilcating wrtli physical space sensors to acquire Valera ble data and improve enforcement S le r,,t r it *,')p'I1(')II`]S DP Foifors BAS as lwc� options. Hosted Server ENAS hardware arvJ software ara ovined and operated by Dt"I"I"" filor'n a secure data cenlet, which you access vl I'll S v rt, I cj, i i, H ' s krims n and reNpeded working pmolat WArTudWand arnsuldnj uo, to 'Alk"v J)"aH.Jr1o"° mvivr neuly id a smaH pv0","d inwfm PaKar 4, oems haN injIlt gnow n o" ur IN unp n m"! is nons recovokod as a maj"r suppImM prking vqn0uwnv. ;tnd aCCUSM&S NO61>@S11IMH thu-1 nhud Siales, Jim, ulna" "I 1%, i , �, r i "" a, f(W uf produc, MHMUWCN"TTm reads Wn a"M ho's 11 ho" of I&: Intrkliq industry's 11mm. Wu Wni 01 inchides AN (large and scnauv Cou"W" unive0l; uAnipwv, and prh 20 ionnamrs, Wr conspay 's imphl grnv% th to ger thv pst W, ""r ,Nus is in Jargv Avocasuin; a dirvo ruN"11 of mir sirong mntwhinuni to Wh ethjul budn"s Qnvthi and vvri is exc0loice. in AddAnn no car Mup "f h04u'w ry leading snppliers and f"o i ) i "'„”, i (u ,, I 1 1) "1, 1'% 11u, t" � � � , I c, C� 1 "t 4, 'b � 4,)g M's "' DQUI bq an induMr , v WYNg Vwdi American Ainnpan; Tal deshpm and PaxlJng Equtimn! Mr a "orh!"idt: maW. They hakcw� e%vr expanchng range wf,W) hawd apphnahns W KkIrAhn M Wd pady Wnohighs in such arms as smarl cards. mmmunhwh"k pr=lds, and mforcmientN , vvem, I hdr We M of panoducis is supporml amundf thv vi, kf"t �''! �, IV dhl�,v 1) C !Wwr, �yyRqnS jq prn"d of 1W iqlwlion for exculUnCT in PnKhmt qUAR a"d ["Vt"Aulner C 01 A pm to joh us as 11 v (NK"inue to 'I Jom,,r///c f�), M, MV W v mi ("i I u 6r uvvse o " r " e b A W % i o% mm p h " I mq mul rc a d in o re a ho u our 1"oducl Ms and so Vs. A ml hvQ W nol few, vw c cneourage you to contact Ul's I'm,- ,wd.uAhu)md thunnH We phowu nuuMen: I 18K422 C/27",,) or Duv"k% ch Q`ac„ May 13, 2010 City of Fort Lauderdale . Procurement Services Department 100 N. Andrews Avenue, 619 • Fort Lauderdale, Florida 33301 yrd�n�r fyiil.3ircic:rcl_�le.govltYu(r,1��+siiZy RECEIVED MAY 2 0 20i, Digital Payment Technologies Corp. Attn: Mikhail Morokhovich 330 — 4260. Still Creek Drive Burnaby, BC, Canada VSC 6C6 Dear Mr, Morokovich: Congratulations, the City of Fort Lauderdale has awarded your company RFP 504-10412 for Multi -Spaced Parking Meters. Someone with authorization to sign for your company must place their signature on the attached document where indicated, agreeing to the terms, conditions and specifications set forth in the contract and have the signature notarized. THE CONTRACT SIGNOR MUST BE AN OFFICER OF THE COMPANY AND ATTESTED TO BY THE SECRETARY OR YOU MUST PROVIDE A DOCUMENT FROM AN OFFICER OF THE COMPANY, THAT AUTHORIZES THOSE LISTED TO SIGN ON THEIR BEHALF. Only the signatures of the authorized officers or someone authorized to bind your company will be accepted. AFTER THE APPROPRIATE SIGNATURES AND NOTARY ARE RECEIVED, PLEASE RETURN BOTH COPIES of the contract. Once the Director of the Procurement Services Department signs the contract, a fully executed copy will be returned to you. We hope this will be a profitable and rewarding business relationship. i hope you will take a little extra time to make sure the above requirement is completed correctly and is sent to us in a timely manner. Sincerely, Carrie L. Keohane Procurement Specialist I Attachments THIS AGREEMENT, made and entered into this 2nd day of March, 2010, is by and between the City of Fort Lauderdale, a Florida municipality, COW), " Y} whose address is 100 North Andrews Avenue, Fort Lauderdale, FL 33301-1016, and Digital Payment Technologies Corp., a Canadian federal corporation authorized to transact business in the State of Florida, ("Contractor"), nada VSC whose addess and phone are 6C6, Phone'. 604-688 959, Fax:330-4260 604-687-4329.till Creek Drive, Burnaby, BC, Ca WHEREAS, the City issued Request for Proposal 504-10442 ("RFP"), and the Contractor submitted a bid in response to the RFP; and of Fort WHEREAS, on March an agreement with Contracto1010, the r fo he goods or seommission of rvices d Lauderdale approved gescribed in the RFP (Pur 11, CAR No. 10-0218), NOW, THEREFORE, for and in consideration of the mutual promises and covenants set forth herein anodf oer good and valuable consideration, the City and the Contractor covenant an agree 1. The Contractor agrees to provide to the City multi -space parking meters in accordance withforthsinthe � oRFP conditions,nce m4th the specifications, terms, and requirements sett and any and all addenda thereto, dur ng the arch 1, 2 12, with tional ion set period March 2, 20% warranties n es beg nningOfollowing �nstallationtof sand the, city'ssfinal forth in the RFP, and r acceptance of each therespective terms, conlditions, and specifications parking ficationsand contending a contained n the RFP years with RFP and in accordance with the Contractor's response to the RFP. 2. This contract form G-110 Rev. 01110, the RFP, any and all addenda to the RFP, and the Contractor' d proposal in response to the RFP are integral parts of this Contract, and are incorporate 3. In the event of conflict between or among the contract documents, the order of priority shall be as follows: First, this contract form, G-110 Rev. 01110; Second, any and all addenda to the City's RFP in reverse chronological order; Third, the RFP; Fourth , the Contractor's response to any addendum requiring a response; Fifth, the Contractor's response to the RFP. 4. The Company warrants that the goods and services supplied to the City pursuant to this Contract shall at all quality. In themes leventform to the City, the City's`ons set forth in sole discretion, the RFP and be of the highestquality. led pursuant to this Contract is defective or determines that any product or service supeiprves ht does not conform to the specifications cancelorth this in the RFP the Contract upon Cwtr tten enoticehtprighe unilaterally to cancel an Contractor, and reduce commensurately any amount of money due the Contractor. 5. The City may cancel this Contract upon written notice to the Contractor in the event the Contractor fails to furnish the goods or perform the services as described in the RFP within 30 days following written notice to the Contractor. 1 G-110 ReV. 01110 6, The Contractor 59-6000319),the City that Includes sales tax (85-80125145060 ) or federal exc se tax ( 7. Contractor shall direct all invoices in duplicate for payment t to Fin Fart Department, City of Fort Laance uderdale, 100 N. Andrews Avenue, Lauderdale, FL 33301. Any applicable discount MUST appear on the invoice. g, The City's initial purchases ay following: 14 pay-and-Display Multi - space meters at $11,531.81 ea,4PySSpaceSolar Mufspaemees� $11,531.81 each, 14 pay -By -Space VAC each, l4Stainles AMulti-space s Steel$upgrades6each, 115 at $535.54 rolls of digital receipt paper at $. each, and five months of EMS service for 14 meters at $30.00 per meteC plfnin th payable monthly upon commencement of the respective warranty pods, accordance with the terms, coneditioRn�P and specifications purchase extended and on -s to Contractor's response to th maintenance/software support for toY ars 3 exercise rough 7 options arenot purchase extended this time, On -08 the City reserves the right t maintenance/software support for up to five additional years (years 3 through 7) 1n accordance with the terms, conations, and specifications contained in the RFP and the Contractor's response to the RF anaa or in g. The City may enfordc a1 ainst the United Cont Contractor. The,ContractoAmeica or inCwaives any both countries a judgment enters g and all defenses to the City's enforcement in Canada of a judgment entered by a court 1n the United States of America. amounts set forth in this Contract are in United States 10. All monetary dollars (USD). IN WITNESS WHEREOF, the City and the Contractor execute this Contract as follows: CITY OF FORT LAUDERDALE By: Director of Procurement Services Approved as to form: �SeAssistant Ci�Attorney ATTEST: CONTRACTOR By: Print Name: Print Name: Secretary Title:(if not president, please attach proof of authorization.) 2 G-1'10 Rev. 01/10 Municode Page I of 6 �l3oca F?aton, !Iorida, Coi1e of Ordinances >> PAR'r VI - CODt�..` OF ORDHIJAlN.CES >>, Chapter 16 - T FFI ' TRAFFIC AND VEHICLES >>, ARTICLE H. STOPPINGSTAND ING,_PARKIN G ni, S(,c. 16-31. - Definiflons. . . ....... . See, 16-3,2, - Areas where . . . .. ........... ... isrj�,oHbRed Sec. 16-33. - f--lark4 r ori ii d e t e ly 0 lib! r te 1'­Iel�rg Orions, Sec . . 16-34. - Metere I mirk' tc ............ Sec. r6-35. - Volalions. 'Sec. 16-36. -...t iries for 12�I,Lk,ria vnlaflo� is, Sec. 16-37, af i�nunobflizaflon deyuces. Sec. 16-38. - [JmHatiorr of Ha[Aity, Sec. 16-39. - VVOrhodo rn of Hge - nse kT... Sec. 16-40. r- AcIrninlMrative rewewE� Se c, 16-4 1 _' A1,2p aL ,`._-__4r 16-42.- Sp i -ate s and_parkMf1 Hcenses. `:?..t"^.._.16 . 43 10 vy � i u.n.a LA 01 o ij zedLy , C, S fr. f {private rea� pjg_p-� : -_2. fj . .... ..... _gtt i e on_ Secs. '1644 16,-55. - Reserve(J. For this article, the foliowing definitions shall apply: "Acceptable monetary payment" shall mean United States currency including nickel, dime, quarter, dollar coon, dollar bill, five -dollar bill, ten. dollar bill, or twenty -dollar bill, credit card, debit card, smart card or other acceptable legal tender accepted by the parking meter to purchase parking time. "Duly authorized city representative" shall mean any city employee authorized to enforce parking regulations. "Illegally parked" shall mean a vehicle that is not properly parked within a designated parking space by exceeding a distance of 12 inches from the curb if parallel parked, overhanging the lines designating the adjacent parking space, impeding the adjacent driving aisle, exceeding the posted time limit, and/or failing to pay all applicable parking fees. "Immobilization device" or "boot" shall mean a device which is attached to the vehicle rendering it undriveable, and which is used to aid in the coflection of unpaid parking violations, "Legally parked" shall mean a vehicle that is properly parked within a designated parking space. The tires of the passenger side of the vehicle, if parallel parked, shall be within 12 inches from the curb. No portion of the vehicle shall overhang the Hnes designating the adjacent parking space. For angled parking, the vehicle shall be pulled forward as far as possible and in no way impede the adjacent driving aisle. The vehiicle shall not overhang the adjacent parking lines designating the parking space. The vehicle shall not exceed the posted time limit in the designated parking space, and shall have paid all applicable parking fees. "Metered parking" shall mean parking that requires payment based on the length of time the vehicle is parked in an identified location. "Overtime parking" occurs when a vehicle exceeds the allowable time for a vehicle parking in a parking meter zone or in a timed parking area or other parking area which limits the amount of vehicle parking time. "Parking citation" is a paper ticket affixed to a vehicle for non-moving violations of city codes or Florida Statutes issued by a duly authorized representative of the city. Parking citations have a monetary penalty or fine attached to each violation as described in the Boca: Raton Municipal Facilities and Services User Fee, Schedule (user fee schedule), littp:llllbrary.municode.com/print.aspx?clientlD=10145&HTMRequest=http`/`3a`/`2f`/`2fli... 4/29/2011 Municode Page 2 of 6 "Parking meter" shall mean a single space or multi -space mechanical or electronic device that accepts payments for vehicles parking in parking spaces within parking meter zones, and registers and displays that appropriate payment has been made. "Parking meter zones" shall mean specific areas defined by location within the city for which metered parking fees are imposed. "Timed parking area" shall mean areas that are established which limit the length of time that parking is permitted. (Ord. No. 5132, § 5, 4-27-10J Editor's note— Ord. No. 5132, § 3, adopted April 27, 2010, amended the Code by repealing former §§ 16-31 and 16- 32, and § 5 of said ordinance added new §§ 16-31-16-42. Former § 16-31 pertained to areas where stopping, standing and parking were prohibited, and derived from the Code of 1966, § 21-57; Ord. No. 5035, adopted May 28, 2008; and Ord. No. 5072, adopted December 9, 2008. Former § 16-32 pertained to parking on right-of-way, and derived from the Code of 1966, § 21-56. Sec. 16-32.- Areas where parking is prohibited. It shall be a violation of this article to stand, stop or park any vehicle in the city within, on or upon: (a) An area posted with a sign which restricts parking to a specific time limit in excess of the fixed time limit; (b) Any specifically designated and marked parking space or spaces provided for certain disabled persons, unless such vehicle displays a parking permit issued pursuant to F.S. § 320.0848, and such vehicle is transporting a person eligible for the parking permit; (c) Any sidewalk, bicycle path, crosswalk, median, or in any fire lane designated and approved by the fire chief and posted with an official sign as provided in section 7-30; (d) Within any right-of-way or land in which the state, the county or the city has a legal interest and which is devoted to or required for use as a public street, including improved and unimproved property, sidewalks and swales therein and any area within a roadway which is not open to vehicular traffic, for the purpose of: 1. Displaying such vehicle for sale, lease or rent; 2. Washing, greasing or repairing such vehicle, except repairs necessary in an emergency parking of a disabled vehicle; emergency repairs are repairs that require less than 24 hours to make vehicle operable from time of emergency parking; or 3. Displaying advertising. (e) Within the community redevelopment area as designated by the city council, between the hours of 7:00 a.m. and 9:00 a.m. and the hours of 4:00 p.m. and 6:00 p.m., within any portion of the paved right-of-way or land in which the state, the county or the city has a legal interest, and which is devoted to or required for the use as a public street for the purpose of loading or unloading goods or materials from a commercial vehicle; (f) Any city, county or state parking facility in violation of any lawfully posted signs restricting the use of the facility; or (g) Any right-of-way in a manner obstructing the operation of curbside collection services vehicle or container collection service vehicles in the performance of collection responsibilities. (Ord. No. 5132, § 5, 4-27-10) Sec. 16-33.- Parking on right-of-way prohibited; exceptions. (7} It shall be a violation of this article to park any vehicle on the paved portion of any right-of-way for any street, road or highway in the city except where adequate provision for motor vehicles has been provided by marked spaces for same or where signs clearly indicating that vehicle parking is permitted have been posted at such locations. (2) This section shall not apply in case of emergency situations or vehicle breakdown; provided, however, that to the extent possible and whenever practical, the disabled vehicle shall wholly or partly be driven off of the paved portion of the roadway. (3) This section shall not apply to the parking of any commercial vehicle, with or without trailer, upon the paved portion of a right-of-way for any period of time in which the operator of the vehicle is actively engaged in deliveries, lawn maintenance or other trade activity upon the abutting property, if there is insufficient unoccupied driveway space upon the abutting property to accommodate the length of the vehicle and trailer, if any. However, in every event, an unobstructed width of the paved portion of the right-of-way opposite the vehicle and trailer, if any, shall be left for the free passage of other vehicles, and a clear view of the stopped vehicle shall be available from a distance of 200 feet in each direction upon the paved portion of the right-of-way. No such vehicle or trailer shall be stopped or parked on the http://library.municode.com/print.aspx?clientID=10145&HTMRequest=http%3 a%2f%2fli... 4/29/2011 Municode Page 3 of 6 paved portion of a right-of-way within 50 feet of any street intersection or marked crosswalk. For the purpose of this subsection, "commercial vehicle" and "trailer" shall mean as defined in section 28-2. (Ord. No. 5132, § 5, 4-27.10) - - - Sec. 16-34.- Metered parking. (�) The establishment or modification of locations designated to be parking meter zones shall be by resolution. (2) The city is hereby authorized to install, or have installed, parking meters for the parking spaces in parking meter zones. (3) Each parking meter zone shall provide notification that parking in that parking meter zone requires payment and the maximum length of allowable parking time. (4) Each parking meter shall mechanically or electronically indicate expiration of the paid parking time for the parking spaces covered by that parking meter. (5) The fees to be charged by parking meters in each parking meter zone shall be as described in the user fee schedule. (Ord. No. 5132, § 5, 4-27-10) I Sec. 16-35.- Violations. (1) It shall be a violation of this article for any person to allow any vehicle registered in his name or under his control to be illegally parked or in overtime parking. A parking citation may be issued to owners of vehicles illegally parked or in overtime parking. (2) Whenever any vehicle without a driver is found parked, stopped, or standing in violation of this article or other city ordinance or by the laws and regulations of the state, a duly authorized personnel may affix a parking citation to such vehicle. (3) The fact that the time device on any working parking meter is showing no time remaining shall be presumptive evidence that the vehicle is in overtime parking. (4) It shall be a violation of this article for any person to deposit or cause to be deposited in any parking meter any slug, device, or inappropriate substitute for acceptable monetary payment, or to use any external device to falsely register time on a parking meter. It shall also be unlawful to insert foreign objects into the parking meter or to tamper with or to damage the parking meter in any way as set forth in F.S. § 877.08. (5) It shall be a violation of this article to tamper with or to damage an immobilization device attached to a vehicle. (6) The fact that a parking citation has been previously issued for a vehicle in overtime parking shall not prevent duly authorized representatives of the city from issuing a subsequent parking citation. A subsequent parking citation may be issued for each subsequent violation of the maximum time limit provided on the legend of the parking meter or the posted signage. (Ord. No. 5132, § 5, 4-27-10) Sec. 16-36.- Fines for parking violations. (1) A schedule of fines for parking violations within the city shall be listed in the user fee schedule. j(2) Parking violation fines as set forth in the user fee schedule shall be paid within 15 calendar days from the date of issuance of a parking citation. (a) Parking violation fines not paid within 15 calendar days from the date of the parking citation shall be subject to a penalty fine as described in the user fee schedule. (b) Parking violation fines and penalty fines for which full payment is not received within 90 calendar days from the date of issuance may be referred to a collection agent or a private attorney pursuant to F.S. § 938.35. (c) In the case of overpayment of a parking violation fine and penalty fine, no refund shall be made if payment of any previous or subsequent parking citation is due and owing on any vehicle owned by the same registered owner of the vehicle, as long as such parking citation is not under appeal. The city shall apply such credit balance to the oldest outstanding delinquent parking citation first. (Ord. No. 5132, § 5, 4-27-10) Sec. 16-37.- Towing; use of immobilization devices. (1) Duly authorized city representatives are hereby authorized to direct the removal and impoundment of any vehicle in areas where signs have been posted indicating that it is a location from which vehicles will be removed if they are parked illegally. (2) http://library.muni code. comlprint. aspx? clientID=10145 &HTMRequest=http%3 a%2f lo2fli... 4/29/2411 Municode Page 4 of b Law enforcement officers and duly authorized city representatives of the city are hereby authorized to direct the removal and impoundment of any vehicle that is impeding traffic. (3) Duly authorized city representatives are hereby authorized to attach, or have attached, an immobilization device, which prevents a vehicle from being moved under its own power, to a vehicle, or to have such vehicle towed, under the following conditions: (a) The vehicle has, on at least 3 prior occasions, been issued parking citations which the registered owner has failed to respond to by paying the fines and penalties resulting from the parking citations or by requesting an appeal hearing as provided in section 16-41 to contest the parking citations; and (b) The registered owner of the vehicle has been given written notice by mail that the vehicle will be subject to the provisions of this section if the owner does not pay all of the fines and penalties for all outstanding parking citations for that vehicle. (4) The city manager or designee shall maintain a current list of all vehicles to which an immobilization device may be attached and/or which may be towed pursuant to this section. (5) If an immobilization device is attached to a vehicle under the provisions hereof, the immobilization device shall be attached to the vehicle at any location within the city where the vehicle is found, providing such location is in a right-of-way or a place where the public is invited to travel or a parking area owned or under the control of the city, except that no vehicle shall be immobilized within the traveled portion of any street or in any portion of any street when immobilization at such place would create a hazard to the public or to traffic. (a) At the time an immobilization device is attached to a vehicle, a notice shall be affixed to the windshield or to the left front window stating that the immobilization device has been attached. The notice shall state the total amount of the unpaid parking citations and all associated fees and fines for which the vehicle is immobilized, plus the fee for removal of the immobilization device, and the information regarding the methods and locations for paying the amount due. (b) The immobilization device shall be removed from the vehicle only upon payment of the outstanding parking citations and associated fines and penalties for which the vehicle has been immobilized plus the fee for removal of the immobilization device. However, if an immobilization device remains on a vehicle for more than 48 hours, the vehicle may be towed and impounded. The vehicle shall remain impounded until the costs of towing and impoundment, as well as all j outstanding parking citations and associated fines and penalties, and immobilization device removal charge, are paid. (6) If a vehicle is towed under the provisions hereof, the vehicle information shall be forwarded to the communications division of the police services department. (Ord. No. 5132, § 5, 4-27-10) Sec. 16-38.- Limitation of liability. The city specifically disclaims liability for any damages, injuries, or losses caused by or resulting from i the use of an immobilization device and/or from towing and impoundment as used in the provisions hereof. (Ord. No. 5132, § 5, 4-27-10) E Sec. 16-39.- Withholding of license tags. Pursuant to F.S. § 316.1967(6), the city may periodically supply to the department of highway safety and motor vehicles (DMV) a listing of persons who have 3 or more unpaid parking citations. The city shall notify the DMV to remove a person from such list only after all unpaid parking citations and all associated fines and penalties are paid. 3 (Ord. No. 5132, § 5, 4-27-10) Sec. 16-40. Administrative review process. The city's parking administrative office is authorized to dismiss a parking citation under the following circumstances: (a) Defective meters. if a person who has received a parking citation for overtime parking believes the parking meter used to determine the overtime parking violation is defective or malfunctioning, such person shall notify the city's parking administrative office in writing of the alleged defect or malfunction within 72 hours of the time of issuance of the parking citation by completing an on- line form or completing a form at the city's parking administrative office. 1. If the meter is found to be functioning properly, the person who contacted the city shall be notified in writing by the city's parking administrative office, and all fines and penalties shall be due and payable within 15 days of the date of the notification. http://library.municode.comlprint.aspx?clicntlD=i 0145&HTMRcquest=http%3a%2Plo2fli... 4/29/2011 Municode Page 5ot6 2, if the meter is found to be defective or malfunctioning, the person who contacted the city shall be notified in writing by the city's parking administrative office and the parking citation shall be deemed to be invalid and all fines and penalties shall be removed. (b) Failure to display a valid placard. If a person who holds a valid permit receives a parking citation for overtime parking because the permit or placard was not properly displayed, such person shall bring the permit to the city's parking administrative office within 15 calendar days of the issuance of the parking citation. There shall be an administrative fee assessed as described in the user fee schedule for dismissing the parking citation based on an improperly displayed placard. (c) The decision of the city's parking administrative office is appealable to the city's special master. (Ord. No. 5132, § 5, 4-27-10) -...Sec. 16 -41. -Appeals. (1) Any person issued a parking citation, or is the owner of a vehicle on which an immobilization device has been attached and/or is the owner of a vehicle that has been towed and impounded for parking violations under this article, hereinafter referred to as the appellant, may file an appeal to establish if the parking citation was wrongfully issued, or if the vehicle had the immobilization device improperly attached or if the vehicle was improperly towed due to the failure to meet the provisions of this article. The appeal shall be heard by the city's special master, who shall proceed in accordance with the procedure in 2-117, 2-118 and 2-119, Code of Ordinances. (2) An appeal must be submitted in writing by the appellant within 15 days of issuance of the parking citation and state the basis of the appeal thereof by the appellant, or within 3 days from the time an immobilization device was attached to the vehicle and/or the vehicle was towed and impounded. The filing of an appeal requires the payment of the appropriate appeal fee as set out in the user fee schedule. (3) A hearing date shall be scheduled by the city upon receipt of the appeal. The appellant shall be given at least 10 days notice of the time and place of the hearing. (4) At the conclusion of the hearing, the special master shall make a final and conclusive determination whether the parking citation was properly issued, orfor booting and/or towing, that the booting and/or towing were proper following the provisions of this article. The determination shall be reduced to writing and signed by the special master and filed in the office of the city clerk, and a copy shall be mailed to the appellant. (5) The decision of the special master shall be effective when filed with the city clerk. (6) If the special master rules in favor of the appellant, all fees, fines and penalties paid by the appellant to the city regarding the specific parking citation(s), attachment of immobilization device, and/or vehicle towing and impoundment shall be returned to the appellant as soon as reasonably practicable. (7) If the special master rules against the appellant, all fees, fines and penalties shall be due, including the fees for removing the immobilization device and/or towing and impounding, and all such costs must be paid in full before the vehicle is released to the owner. If all such fees have been paid prior to the appeal, the city shall retain all such fees. (Ord. No. 5132, § 5, 4-27-10) Sec. 16-42. Special rates and parking licenses. (1) Special rates. The city manager or designee may authorize a special single event rate in any parking meter zone. (2) Revocable parking licenses. A revocable license by which the city agrees to license parking spaces within a metered parking zone may be issued by the city. The city manager may issue such a revocable license for a period of time not to exceed 5 consecutive days in any 90 -day period and the fee for such license shall be determined by the city manager. Any revocable license for a period longer than 5 days shall require review by the planning and zoning board and approval by the community redevelopment agency and/or the city council, as appropriate. The fee for such license shall be determined by the city council. A placard specifying the location and dates of the license may be issued for display in the vehicle(s) utilizing the license. (Ord. No. 5132, § 5, 4-27-10) Sec. 16-43.- Towing unauthorized vehicles from private real property. (�) An owner of private real property shall not be permitted to authorize the towing of unauthorized vehicles from the property unless the following requirements are met: (a) The owner has complied with the provisions of F.S. § 715.07 and the provisions of this section which impose a more stringent requirement than the statute. (b) Except for any property which is vacant, unimproved and upon which no structure is constructed, and except for residentially zoned property, the property owner or his agent shall have given an http://library.municode. comlprint. aspx?clientlD=10145 &HTMRequest=http%3 a%2Plo2 fli... 4/29/2011 municoae Page 6ot6 express instruction to a towing company to tow a vehicle. The express instruction shall be evidenced by the physical presence of the property owner or his agent at the time of the towing, and the written statement and signature of the property owner or his agent on the receipt to be furnished to the owner or operator of the vehicle being towed or removed that the vehicle was towed and removed based on his express instruction. An agent for a property owner shall not be an officer, agent or employee of the towing company. An express instruction shall be considered to have been given only if the instruction does not occur in advance of the actual unauthorized parking of the vehicle or if the instruction is not general in nature and is related to specific, individual and identifiable vehicles which are already parked without authorization. (c) The storage yard to which the vehicle is towed is open from 8:00 a.m. to 11:00 p.m. on the day on which the vehicle is towed. (2) Any private property owner who has violated or who has been cited for a violation of any of the provisions of this section shall be punished in accordance with all provisions regarding enforcement of ordinances contained in this Code, including but not limited to reference of the violation to the code enforcement board. (3) The city, when acting pursuant to an agreement between it and a property owner, shall be exempt from the provisions of this section; provided, however, that the provisions of F.S. § 715.07 shall be applicable to any such agreement. (Code 1966, § 21-85; Ord. No. 5035, § 2, 5-28-08; Ord. No. 5132, § 4, 4-27-10) E'ditor's note— Ord. No. 5132, § 4, adopted April 27, 2010, amended the Code by renumbering former § 16-33 as a new § 16-43. Cross reference—Abandoned, wrecked, junked vehicles, § 10-116 et seq. j Secs. 16-44-16-55.- Reserved. FOOTNOTE(S): (M) Jurisdiction of the code enforcement board, § 2-91 et seq.; parking regulations and fees in public parks and recreation areas, § 11-128 et seq.; solid waste receptacles required in parking lots, § 14-16; tractor -trucks stopped in rights-of-way restricted, § 16-59; the city manager shall designate taxi stands, § 18-118; ingress and egress sign regulations, § 24-119; development regulations for off-street parking facilities, § 23-186 et seq.; streets and sidewalks, ch. 25; parking, storage, keeping of certain vehicles restricted, § 28-1506 et seq.; off-street parking and loading requirements, § 28-1646 et seq. Back http://Iibrary.municode. cozn/print. aspx? clientID=10145 &HTMRequest=http%3 a%2P/o2 fli ... 4/29/2011 . ......... .. . ....... .. /\^ 11 One"", v \ \ < . �� /� . . . ... .. . . ......... .. . ....... .. /\^ 11 One"", .� � \ \� \ � cf1t, rnf rouu9 . ya Gatoia� �0 s� '(9, 1 �± "�" (:"".'a' w� pk eyl e ,_ �p OCEAN DS AREA 0 1---A-- Streets! City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 7/19/2011 Item No. 8 Subject: Ratify the Composite City Manager Performance Evaluation and discuss/determine how to proceed with the provisions of Section 2, Salary and Evaluation, of the Employment Agreement between the City of Cape Canaveral and City Manager David Greene. Department: Legislative Summary: Section 2, Salary and Evaluation, sub -section "B" allows consideration for an adjustment to the base salary and/or other benefits based upon performance evaluation which is required to occur between May and July of each year. City Council Members have completed their individual reviews. They were combined into a Composite Evaluation. City Council Members are requested to ratify the Composite Evaluation. Then discuss and determine how to proceed with the provisions of the employment agreement. Submitting Department Director: Angela M. Apperson, City Clerk kcDate: 07/11/11 Attachments: 1. An excerpt from the Employment Agreement. 2. Composite Performance Evaluation for City Manager Greene. 3. Composite Scores for Performance Evaluation for City Manager Greene. Financial Impact: Unknown as of this writing and dependent upon the actions of the City Council. Reviewed by City Treasurer: Andrea Bowers Date: 7 i j 1 t City Council Action: [ ] Approved as Recomm. ded [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain An Excerpt from the EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (hereinafter referred to as "Agreement"), is by and between the City of Cape Canaveral, Florida, a Florida municipal corporation (hereinafter referred to as "City"), and David Greene (hereinafter referred to by name or as "City Manager"). Section 2. Salary and Evaluation. A. For the performance of services pursuant to this Agreement, the City agrees to pay the City Manager an annual base salary of Ninety -Nine Thousand Five Hundred and No/100 Dollars ($99,500.00), payable in installments at the same time as other City employees are paid with an evaluation for a potential increase in the base salary within six (b) months of June 1, 2010, as determined by the City Council at the Council's discretion. B. In addition to the provisions of subparagraph A above, the City agrees to consider adjustments of said base salary and/or other benefits of the City Manager in such amounts and to such an extent as the City Council may determine desirable on the basis of an annual performance evaluation of the City Manager. Such evaluation shall be in such form as the Council and the City Manager agree upon and shall be made between May and July of each year in which this Agreement is effective. C. During the first year of this Agreement only, the City Manager shall have an additional evaluation that will take place between November 2010 and January 2011 and shall receive a potential increase in his base salary as determined by the City Council at the Council's discretion. D. All salary shall be paid less appropriate deductions for employment taxes, income tax and other lawful withholdings. The City Manager shall not be entitled to overtime or compensatory benefits. ComposKe Perfbirnance Evaluation for City Manager Greene # 2— Employee: David L. Greene Date presented. 711912011 Evaluation Period: June 2010 through May 2011 Date of Employment: 6/1/2010 Obiectives: • To evaluate the City Manager's performance of widely varied duties and responsibilities. • To evaluate certain skills and traits that shape a successful City Manager's ability to perform widely varied duties and responsibilities. • To assess the quality of municipal services by measuring the management team's level of performance in specific functional areas. • To enable the City Council to identify and address specific strengths, areas needing improvement, and performance objectives for the next evaluation period. • To provide a management tool for continued improvement of the City administration. Methods: The Mayor and City Council members are to individually assess performance criterion by placing an "x" on the evaluation scale that ranges from Exceeds Expectations (5.0) to Below Expectations (1.0). The performance standard evaluation scale is defined as follows; 1. Below expectations — Intolerable behavior or poor performance. 2. Marginal -- Performance that is below recognized standards. Problems may exist in the quality, quantity, or timeliness of work performance and more than normal attention to improvement is required. Serves as a warning that work efforts could easily become unsatisfactory if not corrected. 3. Acceptable— Performance that requires only normal correction. Quality, quantity and timeliness of work are generally good. This is a person doing an average job when performance is compared to that of peers. 4. Optimal — The unusual performance with a minimum of direction needed and, with rare exception, good quality, quantity, and timeliness. This is a person doing an excellent job under ordinary circumstances. 5. Exceeds expectations — Outstanding performance. This is a person who constantly delivers above and beyond expectations of the job, always presenting excellent quality and quantity in a timely manner. This performance assessment may involve comparison to past performance, the performance of other similar municipalities, or another standard as determined by the evaluator, but should focus on performance during the specified evaluation period. City Council members are encouraged to note strong points and/or concerns in the comment section following the assessment of each performance criterion. Page 1 of 19 Composite Performance Evaluation for City Manager Greene Results: Completed evaluation forms are to be forwarded to Human Resources. Human Resources will tabulate and summarize the results into a final report that will later be presented to the City Council and the City Manager. Section I. Area Evaluation Rate the City Manager on his performance in each of the areas below by placing an 'Y' above the number you feel best describes his performance in that area. 1= Below Expectations; 2 = Marginal; 3 = Acceptable; 4 = Optimal; 5 = Exceeds Expectations 1. Communications Name Mayor Council Council Mayor Council Composite Pro Tem Member Member Randels Member Score Hoog Morgan Petsos Walsh Score 4 4.5 4 4.75 3 4.05 Maintains constructive relations with the press and communicates clearly with department heads, employees, the general public, and intergovernmental agencies; demonstrates effective listening, oral and written communication skills; provides opportunities for communications from citizens; effectively utilizes tools such as newsletters, press releases, the Internet, and public speaking opportunities to inform the community about Council actions and policies, plans for the future, and the economic outlook of the city. Comments: Mayor Pro Tem Hoot;: No Comments Council Member Morgan: The City Manager is experienced and a real asset to the City. In my next evaluation, I will be in a position to have a little more time to know David. Council Member Petsos: Would like to see a little more interaction with the community as a whole, I do realize that this first year has been more in involved working with staff, and I see good communications in that area. As far as the community, don't see much except for major land owners. Mayor Randeis: No Comments Council Member Walsh: The City Manager communicates clearly both orally and in writing. The city's website could be used much more effectively and have more information available on it as well as having documents on the website such as the city's goals and objectives and how they are being met. Page 2 of 19 Comite Performance Evaluation for City Manager Greene 2. Relationship with City Council Name Mayor Council Council Mayor Council Composite Pro Tem Member Member Randels Member Score Hoog Morgan Petsos Walsh Score 4 4.5 4 5 3 4.10 Openly communicates with City Council members; promptly and properly responds to requests; keeps City Council members informed of current issues and remains accessible; provides support in carrying out Council decisions. Comments: Mayor Pro Tern Hoog: No Comments Council Member Morgan: I would like to be informed early on any issues; quicker is better. Council Member Petsos: Relationship with Council appears good, accessibility is good, would like a little more feedback from questions raised. Mayor Randels: No Comments Council Member Walsh: The City Manager generally responses promptly to Council's concerns. This area of opportunity for Mr. Greene. 3. Budgeting Name Mayor Council Council Mayor Council Composite Pro Tem Member Member Randels Member Score Hoog Morgan Petsos Walsh Score 4 5 5 5 4 4.60 Provides capital improvement plans or any other short and/or long range plans that anticipate the needs of the community; presents a timely annual budget which is well documented, organized, and one which closely represents the goals of the City Council. Comments: Mayor Pro Tem Hoog: No Comments Council Member Morgan: Keep up the good work. Council Member Petsos: Although we haven't had the chance to discuss the budget in a workshop yet, the preparation and content seems well thought out in light of the reduction in the taxable value and the staff recommendation to maintain the current millage, which will naturally help our Residents. Mayor Randels: No Comments Page 3 of 19 Composite Performance Evaluallion for City Manager Greene Council Member Walsh: A five-year capital plan has been developed. This is Mr. Green's first year presenting the city's budget. 4. Financial Management Name Mayor Council Council Mayor Council Composite Pro Tem Member Member Randels Member Score Hoag Morgan Petsos Walsh Score 4 4.5 3 5 3 3.99 Accurately and precisely reports and projects the financial condition, budgets realistically; implements management practices and policies to maintain or achieve a sound long-term financial condition; uses debt appropriately; plans for the long-term replacement and maintenance of equipment and infrastructure. Comments: Mayor Pro Tem Hoop: No Comments Council Member Morgan: 1 need more time to track. Council Member Petsos: This is an area that is better responded to after a thorough review of the new budget and a chance for the City Manager to implement his policies. Mayor Randels: No Comments Council Member Walsh: A five-year capital plan has been developed. Many Maintenance and Repair schedules have been created and some are still in the works of being developed for City owned facilities, equipment and property. 5. Asset Management Name Mayor Council Council Mayor Council Composite Pro Tem Member Member Randels Member Score Hoag Morgan Petsos Walsh Score 4 4 4 5 4 4.20 Oversees appearance & condition of City -owned facilities, equipment, and vehicles; reviews equipment and property for the purpose of future development/replacement. Comments: Mayor Pro Tem Hoog: No Comments Council Member Morgan: I will get with David on these issues. Council Member Petsos: Appears to be moving the City on a positive and professional path. Mayor Randels: No Comments Page 4 of 19 Composite Performance Evaluation for City Manager Greene Council Member Walsh: Under the City Manager's direction, many Maintenance and Repair schedules have been created and some are still in the works of being developed for City owned facilities, equipment and property. 6. Planning and Organization Name Mayor Council Council Mayor Council Composite Pro Tem Member Member Randels Member Score Hoog Morgan Petsos Walsh Score 5 4.5 5 4.75 3 4.45 Works with the City Council in developing the City's long and short term goals, objectives, vision and strategic plan; makes efforts to carry out the goals, policies, and programs of the Council; demonstrates the ability to anticipate the needs of the City and recommends options to appropriately respond to those needs. Comments: Mayor Pro Tem Hoog: No Comments Council Member Morgan: No Comments Council Member Petsos: Has taken the visioning plan and is incorporating it into the overall plan for the City, bringing in the various stakeholders in the community to ensure they are aware of our plans and working on ways that they can assist. Mayor Randels: No Comments Council Member Walsh: This is an area of opportunity for Mr. Greene. The goals and objectives of the City/Council should be closely aligned with the Visioning and Economic Development Action Plan that were adopted by Council in 2009/2010. 7. Decision Making Name Mayor Council Council Mayor Council Composite Pro Tem Member Member Randels Member Score Hoog Morgan Petsos Walsh Score 4 5 4 5 3.5 4.30 Makes timely decisions that are well thought out and in the best interest of the City; accepts responsibility for outcomes; handles difficult situations in a professional and pro -active manner. Comments: Mayor Pro Tem Hoog: No Comments Council Member Morgan: No Comments Page 5 of 19 Composite Performance Evaluation for City Manager Greene Council Member Petsos: Moves forward with decisions in a timely manner and has moved to organize the various departments for more productivity. Mayor Randels: No Comments Council Member Walsh: Over the past year the City Manager seems to be making more timely decisions. The City Manager seems to consider facts and issues when dealing with difficult situations and handles them professionally. S. Council Meetings Name Mayor Council Council Mayor Council Composite Pro Tem Member Member Randels Member Score Hoog Morgan Petsos Walsh Score 4 5 4 5 4 4.40 Attends all meetings, informs City Council in advance of future non-attendance, and arranges for appropriate staff to attend; provides, on a timely basis, necessary documentation and information related to issues presented during meetings; participates in discussions and makes appropriate recommendations; provides timely agenda. Comments: Mayor Pro Tem Hooe: No Comments Council Member Morgan: No Comments Council Member Petsos: Overall performance is great, but if there is an agenda item that more info is to be distributed at the Council meeting, it would be nice to know that in advance. Mayor Randels: No Comments Council Member Walsh: The City Manager has done a great job in providing information in the agenda packets and getting the Council meetings to be more efficient. 9. Professional and Leadership Skills Name Mayor Council Council Mayor Council Composite Pro Tem Member Member Randels Member Score Hoag Morgan Petsos Walsh Score 5 5 5 5 3 4.60 Represents the City in a professional manner; demonstrates a high degree of integrity; displays ability to handle crises; accepts constructive criticism; demonstrates courtesy, tact and skill in dealing with sensitive matters and in dealing with others; maintains an overall personable and warm attitude. Comments: Mayor Pro Tem Hoog: No Comments Page 6 of 19 ComposMe Peftmance Evaluation for City Manager Greene Council Member Morgan: No Comments Council Member Petsos: Have heard some good comments from other governmental agencies about our City Manager. Mayor Randels: No Comments Council Member Walsh: Overall the City Manager is a Professional Leader and has demonstrated this is his everyday dealings. He tends to be personable and generally maintains a positive attitude. There have been times, however, when the City Manager has been somewhat defensive, and at times abrasive this did occur during Council Meetings. 10. Community Relations Name Mayor Council Council Mayor Council Composite Pro Tem Member Member Randels Member Score Hoog Morgan Petsos Walsh Score 4 3.5 4 4.75 4 4.05 Maintains positive relations with community groups and organizations; attends community functions and designates appropriate staff to promote City Council through speaking engagements at civic and other such types of meetings; properly handles complaints from citizens. Comments: Mayor Pro Tem Hoop: No Comments Council Member Morgan: No Comments Council Member Petsos: Works well with organizations that interface with the City. Mayor Randels: No Comments Council Member Walsh: Over the past 6 months the City Manager has been more actively involved with community groups and organizations. The City Manager has been rebuilding relationships with organizations and agencies and should be applauded for doing so. Other Comments: Mayor Pro Tem Hoog: No Comments Council Member Morgan: Overall, David has done a remarkable job. Council Member Petsos: No Comments Mayor Randels: No Comments Page 7 of 19 Composite Performance Evaluation for City Manager Greene Council Member Walsh: No Comments Section 11. Skills & Traits Evaluation 1 = Below Expectations; 2 = Marginal; 3 = Acceptable; 4 = Optimal; S = Exceeds Expectations 1. Planning Skills Name Mayor Council Council Mayor Council Composite Pro Tem Member Member Randels Member Score Moog Morgan Petsos Walsh Score 4 4 5 5 3.5 4.30 Anticipates future needs, identifies viable options, and implements appropriate measures to achieve goals; anticipates and analyzes problems and plans effective solutions. Comments: Mayor Pro Tem Hood: No Comments Council Member Morgan: David is a newcomer to our City; needs more time. Council Member Petsos: Has had the opportunity to view the City for the past year, analyzed and change areas that needed attention. Mayor Randels: No Comments Council Member Walsh: As we move through 2011 and into 2012, Mr. Greene should continue to strive at aligning the City Goals and Objectives with the Visioning and Economic Development Action Plan. He should strive at assisting Council to ensure this is occurring. 2. Leadership Skills Name Mayor Council Council Mayor Council Composite Pro Tem Member Member Randels Member Score Hoog Morgan Petsos Walsh Score 5 5 4 5 3 4.40 Builds and motivates a team, provides direction and supervision, monitors and adjusts performance as necessary; delegates to appropriate levels in the organization. Comments: Mayor Pro Tem Hoog: Was not happy with the termination of an employee from Building Department. Could have been handled a little more effectively as in the Recreation Department. That was just unjust. Page 8 of 19 Composke Performance Eva[uadon for City Manager Greene Council Member Morgan: No Comments Council Member Petsos: A majority of the City team appreciate the direction he is taking the City. Mayor Randels: No Comments Council Member Walsh: Since joining the City, the City Manager has earned the respect of the Staff and created much more of a team environment. Mr. Greene has also increased staff performance. 3. Negotiating Skills Name Mayor Council Council Mayor Council Composite Pro Tem Member Member Randels Member Score Haag Morgan Petsos Walsh Score 4 4 5 5 4 4.40 Effectively resolves the numerous conflicts inherent in municipal government; negotiates effectively with developers and other interest groups, other governments, and individuals to reach agreements that protect the community interest. Comments: Mayor Pro Tem Hoog: No Comments Council Member Morgan: I have not been happy with a couple of in-house conflicts. Council Member Petsos: Have seen some very positive moves in working with the developers and other interest groups. Mayor Randels: No Comments Council Member Walsh: The City Manager has been very instrumental in working with developers (ALF) and businesses (Beer Distributer) in bringing business and jobs to the city. He negotiates various contracts periodically keeping the communities interest in site. 4. Creativity Name Mayor Council Council Mayor Council Composite Pro Tern Member Member Randels Member Score Hoog Morgan Petsos Walsh Score 5 4 Nit Scored 5 4 4.50 Identifies effective, efficient, and when necessary, innovative solutions to problems. Comments: Mayor Pro Tem Hoog: No Comments Page 9 of 19 Composite Performance Evaluation for City Manager Greene Council Member Morgan: Same as #3 above. Council Member Petsos: I'm sure this will prove out in time, a little too early for me to judge. Mayor Randels: No Comments Council Member Walsh: No Comments S. Honesty/Fairness Name Mayor Council Council Mayor Council Composite Pro Tem Member Member Randels Member Score Hoog Morgan Petsos Walsh Score 4 4.5 5 5 3 4.30 Is consistently open, straightforward, and impartial. Comments: Mayor Pro Tem Hoog: No Comments Council Member Morgan: No Comments Council Member Petsos: Appears so in the discussions I've had with him, but haven't had the opportunity to observe firsthand the dealings with staff. Mayor Randels: No Comments Council Member Walsh: No Comments 6. Adaptability Name Mayor Council Council Mayor Council Composite Pro Tem Member Member Randels Member Score Hoog Morgan Petsos Walsh Score 4 5 5 5 4 4.00 Responds positively in a timely manner to a changing world and local conditions. Comments: Mayor Pro Tem Hoog: No Comments Council Member Morgan: No Comments Council Member Petsos: No Comments Mayor Randels: No Comments Council Member Walsh: No Comments Page 10 of 19 Composite Performance Evalluadon fior City Manager Greene 7. Initiative Name Mayor Council Council Mayor Council Composite Pro Tem Member Member Randels Member Score Hoog Morgan Petsos Walsh Score 4 5 4 5 4 4.40 Uses initiative to develop new programs to meet the needs of the City or resolve identified problems; implements or modifies procedures and programs as necessary to improve organizational effectiveness and efficiency. Comments: Mayor Pro Tem Hoog: No Comments Council Member Morgan: No Comments Council Member Petsos: Has developed new strategies to move the City forward, outcomes to be determined, but I have all the faith that organizational effectiveness is and will continue to improve. Mayor Randels: No Comments Council Member Walsh: The City Manager understands the need for processes and procedures. Over the past year Mr. Greene has been reviewing existing processes and procedures and provided many efficiencies. The City still has many opportunities for improvement of which the City Manager will be challenged with over the next years ahead. 8. Resiliency Name Mayor Council Council Mayor Council Composite Pro Tem Member Member Randels Member Score Hoog Morgan Petsos Walsh Seore 5 5 4 5 4 4.60 Maintains energy and motivation in spite of constant demands; handles stress well. Comments: Mayor Pro Tem Hoop: No Comments Council Member Morgan: No Comments Council Member Petsos: No comment other than that he's at work whenever and as long as needed. Mayor Randels: No Comments Council Member Walsh: Mr. Greene is a very motivated individual. Page 11 of 19 Composite Performance Evaluaadon for City Manager Greene 9. Tumor Name Mayor Council Council Mayor Council Composite Pro Tem Member Member Randels Member Score Hoog Morgan Petsos Walsh Score 5 5 5 4.5 4 4.70 Maintains and shares an appropriate sense of humor to lighten the load. Comments: Mayor Pro Tem Hoog: No Comments Council Member Morgan: No Comments Council Member Petsos: Has to have a good sense of humor to deal with the 5 of us, plus all his staff. Mayor Randels: No Comments Council Member Walsh: Mr. Greene has a good sense of humor. 10. Ethical Standards Name Mayor Council Council Mayor Council Composite Pro Tem Member Member Randels Member Score Hoog Morgan Petsos Walsh Score 5 5 5 5 3 4.00 Conforms to the high standards of the profession; follows and promotes the "ICMA Code of Ethics." Comments: Mayor Pro Tem Hoog: No Comments Council Member Morgan: No Comments Council Member Petsos: From what I've seen, and what has been conveyed to me, he has exceptional standards, and expects his team to follow his lead. Mayor Randels: No Comments Council Member Walsh: No Comments 11. Job Knowledge Name Mayor Council Council Mayor Council Composite Pro Tem Member Member Randels Member Score Hoog Morgan Petsos Walsh Score 5 4.5 5 5 5 4.90 Page 12 of 19 Composite Performance Evaluation for City Manager Greene Has a solid knowledge of all phases of municipal government. Comments: Mayor Pro Tem Hoog: No Comments Council Member Morgan: In house? Council Member Petsos: Haven't seen an area that he has a fault in. As he gets more acquainted with the community the more his knowledge is an asset. Mayor Randels: No Comments Council Member Walsh: The City Manager has in-depth exceptional knowledge of municipal government which has had a positive impact on this City over the past year he has been here. 12. Operational Efficiency Name Mayor Council Council Mayor Council Composite Pro Tem Member Member Randels Member Score Hoag Morgan Petsos Walsh Score 5 5 4 5 3 4.40 Generally obtains the best possible result for the resources expended, Comments: Mayor Pro Tem Hood: The department interaction shows; friendly, open atmosphere of City Hall Staff and personnel. The public is very aware of this change. Council Member Morgan: No Comments Council Member Petsos: Has made changes in various departments with more to follow, the use of resources to the best of the City's ability is being made advantage of. Mayor Randels: No Comments Council Member Walsh: Over the past six months, the City Manager has been pursuing the restructuring of the organization. The timeliness of this seems to be a bit slow. Other Comments: Mayor Pro Tem Hooe: No Comments Council Member Morgan: No Comments Council Member Petsos: No Comments Mayor Randels: No Comments Page 13 of 19 Composite Performance Evalualbon for City Manager Greene Council Member Walsh: Doing more with less is essential to the organization as a whole which will reduce expenses positively impact the budget. Re-evaluating positions and the skill -level needed will allow for placement of the right people in the right job and has the potential of providing a higher level of services for the same or reduced cost to the city with potentially more resources/personnel. Section Ill. Quality of Municipal Service Rate the quality of service provided by each of the functional departments and divisions below by placing an "x" in the block beneath the number which you feel best describes the quality of service. 1 = Below Expectations; 2 = Marginal; 3 = Acceptable; 4 = Optimal; 5 = Exceeds Expectations Department/Division Mayor Pro Tem Hoag Council Member Morgan Council Member Petsos Mayor Randels Council Member Walsh Composite Score City Clerk/Personnel 4 3.5 None 5 None 4.17 City Treasurer 4 3.5 None 4.5 None 4.00 - Audit/Financial Services 4 4.5 None 5 None 4.50 - Contract Utility Billing Service 3 2 None 4 None 3.00 Community Development 2 3 None 4.25 None 3.08 - Building 4 4.5 None 4.75 None 4.42 - Local Business Tax Receipts 3 4 None 4.75 None 3.92 - Planning and Zoning 2 3.5 None 4 None 3.17 Parks & Recreation 4 4 None 4.75 None 4.25 Public Works 4 4 None 4.5 None 4.17 - Stormwater 4 3.5 None 5 None 4.17 - Streets & Beautification 3 4.5 None 4.5 None 4.00 - Water Reclamation 3 3.5 None 4.75 None 3.75 Engineering Services Contracted 2 3 None 3.75 None 2.92 Fire/Rescue Services Contracted 4 5 None 4.75 None 4.58 Police Services Contracted 3 4.5 None 4.75 None 4.08 Solid Waste Recycling Contracted 4 4 None 5 None 4.33 Specific Comments: Mayor Pro Tem Hoog: Planning & Zoning has been at an all-time low. There are many items that are sitting and waiting to more forward for two -three years that have yet to get to the Board. Would like to see the P&Z Board start on mixed use, CRA, Brownfields, as these items have been approved and have not been moved forward. Engineering and coordination of Ridgewood Avenue were not of the caliber of expectation. Too many omissions for the cost incurred. Page 14 of 19 Composite Performance Evaluation for City Manager Greene Could use a little better traffic enforcement for speeding around residential areas, including the Deputies themselves. Council Member Morgan: My evaluation is based on my personal experience with each department and comments from others. Council Member Petsos: No Comments Mayor Randels: See attached Noticeable Accomplishments. Council Member Walsh: No Comments Section IV. Strengths, Weaknesses, Performance Objectives Strengths: What do you feel are some of the City Manager's strongest points and finest accomplishments since the previous evaluation? Mayor Pro Tem Hoog: Good, sound teamwork. I agree with the reorganization, but we need to respect the fact and ideas of our employees, their service to the City, doing a job with little supervision and responsibilities given to them. Council Member Morgan: Was not here; no comment Council Member Petsos: First true evaluation, his ability to grasp the problems with different situations and resolve them are one of his strengths. Mayor Randels: Always available for my unscheduled visits; open door policy; 5 -year C.I.P.; weekly updates; experience, clear instruction, team building, firm, creative, impartial, aware of issues. Items are accomplished even with our limited funds. Infrastructure needs are being planned. Extremely high ethical standard; very creative. Council Member Walsh: • Leadership of the Staff • Organization of Council Meetings • Budgeting efforts—five year capital plan • Assisted Living Facility and the streetscape of Central hand in hand with it • Moving the CRA forward and working on brownfields Weaknesses: What areas of the City Manager's performance do you feel most need improvement? Do you have any suggestions for improvement in these areas? Mayor Pro Tem Hoog: No Comments Page 15 of 19 Composite Performance Evaluation for City Manager Greene Council Member Morgan: I need a discussion with David on in-house matters. Council Member Petsos: When possible, more communication. Mayor Randels: Continue meeting with Port, City and County decision makers; possibly on EDC Board of Directors if we have funds for becoming a member again. Council Member Walsh: Communication with community and with Committees/Boards o Mr. Greene is working on revamping the Committees/Boards which should get the community involved. o Mr. Greene should welcome Community involvement refocus committees back on the visioning and also on financial planning and review (Titusville has had much success with this). This community has a population of highly skilled and educated individuals who want to volunteer, help and be involved. We should tap in to those resources as much as we can. o The website should have the Visioning document on it and it should be one of the first items one sees when they go to the website. As of the date of writing this review, could not locate the actual Vision document on the website. New Objectives: List new priorities you would like to see addressed in the next year. Mayor Pro Tem Hoog: (1) North Ditch on Central if this is going to become the major town center area. This should be a top priority of the City, (2) North Atlantic Avenue improvement, (3) Mixed Use, CRA Zoning ASAP111 Let's get going in these areas. The time is long past due, (4) Improved City Hall, (5) Fire Department — Not necessarily in this order. Council Member Morgan: No Comments Council Member Petsos: No Comments Mayor Randels: No Comments Council Member Walsh: • Realign the Committees/Board with Vision and Economic Development Action Plan - Need more community involvement. The residents feel that this is their community and they want to be involved. They are willing to volunteer and share their expertise. • Increase operational efficiencies • Reduce administrative expenses • Increase revenue streams/avenues—while continuing to reduce operational expenses Page 16 of 19 Composite Performance Evaluation for City Manager Greene Individual signed reviews were conducted by each Council Member and are on file with the City Clerk. This document contains scores and comments of all Council Members as outlined in the individual review. Employee Response: Employee Signature Page 17 of 19 Date Composite Performance Evaluation for City Manager Greene NOTICEABLE ACCOMPLISHMENTS • Gradually encouraged a Team concept vs. Department when listing areas of service, • City Manager meets with each service area director regularly to discuss opportunities in their respective areas, • Led the remodel ing/updating/renovation of the Canaveral Precinct building, • Led the interior/exterior renovation of the Library, • Established an energy review for reduction in exterior lighting at Library and City facilities, • Negotiated a Development Agreement for the proposed assisted living facility, • Began Sewer Rate Equalization Study, • Revised the City's organizational structure, • Encouraged Laserfiche scanning of City Clerk documents, • Created Continuing Service Contracts for Professional Engineering, PIanning, Surveying, Consulting and Architectural Services, • Designed Continuing Service Contracts for Utilities/General Construction Services, • Provided a resolution of Commercial Beach Mobile Cart Vending Service Operation Franchise, • Preparing an ordinance regulating pain management companies, • Approved a ceiling projector in Library Council Meeting Room for visual presentations, • Expanded Leisure Services areas; i.e., Friday Fests and established a maintenance position for Little League Field and Recreation Center, • Negotiated a new 5 -year contract for permit renewal with Tetra Tech, our new City consultant, • Renewed cleaning/repairing of sand filters at the WWTP (this has been neglected for many years), • Established a schedule for raking bar screen of three times per shift to increase flow from lift stations, • Required recording pump hours operated on each pump and checking flow meters twice daily, • Authorizing floor and wall repairs in Motor Control Building (caused by roof leaks years ago), • Requiring a preventive maintenance schedule of equipment at Plant (oil change, rotation, belts, grease bearings and filters) through work orders, • Established recording daily calculations of reuse water and locations where it was sent, • Established a specific water reclamation service area and responsibility, • Completed stormwater line replacement in Harbor Heights (a challenge for past several years), • Began addressing the Consent Order from SJRWMD on Manatee and Banana River Parks, • Commenced Canaveral Blvd. South Ditch Improvements (many years of discussion and no action by City), • Monitored the Ridgewood Improvement Project which is nearing completion (discussed by City Council since 1992), • Resolved individual water meter issue at Pierce Condominiums, • Completely updated WWTP laboratory (duct work/ceiling tiles replacement) following an indoor air quality investigation, • Implemented WWTP organizational change and established productivity improvements and overall operational cost effectiveness, • Negotiated contract for paving of Washington Avenue, Church Lane, Columbia Drive, Thurm Blvd., south end of N. Atlantic Avenue (including milling, paving and striping), • Recommended purchase of Blackboard Connect for government emergency notification to residents, Page 18 of 19 Composite Performance Evaluation for City Manager Greene • Approved ordinance permitting micro -breweries in M-1, • Resolved Harbor Heights sidewalk issue, • Budgeted for Lift Station #2 repairs, generator purchase and installation, • Encouraged SO2 system to replace sodium bisulfate system, • Budgeted for repairs/upgrades of 75 sanitary sewer manholes per year, • Authorized stormwater inlet markers on 102 inlets throughout the City, • Requested that overhead stop light arms be replaced by FDOT, • Instituted the replacement of four damaged stormwater inlets at Jackson and Poinsetta; Monroe & N. Atlantic Avenue; Washington & Orange Avenues; and 307 Surf Drive, • InstaIled new Miami curbing at beach end of Lincoln Avenue, • Found funding for a new Streets Department Building roof including gutters, down spouts and painting, • In process of renovating City Hall sign with LED message center (need to consider new location for base when installed — poor north bound traffic vision), • Resurfaced tennis courts, • Established a waste oil disposal site in City (Dave's Beach Auto), • Scheduled replacement of various sections of sidewalks: 300 Jefferson, Polk & Orange, Rosalind & Jefferson, south side of Adams and Ridgewood, 8200 block of Canaveral BIvd, 200 block of Caroline, south side of Columbia & Al and West Central mid -block, • Resolved right-of-way issues at AIA and N. Atlantic Avenue for new car wash, • Established a new electronic purchasing process; thereby, reducing paper and time, • Introduced program to expedite payroll procedures, • Installed pedestrian crosswalk signals at N. Atlantic Avenue and Central Blvd., • Approved Angle Isles Outfall be lined with rocks (long-term problem of erosion), • Approved the grant application of 62 solar lights installed on Ridgewood Avenue, • Led the way for an upgraded City Hall/Recreation Center telephone system, • Created a Citywide asset maintenance plan to assure regular maintenance on capital equipment items, • Authorized purchase of wide format, plotter/scanner for Building Department, • Supported infrastructure request to TV monitoring/cleaning of stormwater system Citywide, • Led our county in support of all City SCATS bus locations outfitted with concrete pads, benches, trash receptacles and ADA ramps to bus entrance and sidewalks; six locations received all- weather glass/aluminum shelters, • Established 5 -year future Capital Improvement Plan, • Pursued collection of $17,000 for illegal discharge into our stormwater drains from Cemex and Secure Foundations, • Established Buy Brevard Program with SCB Marketing, • Published "Living with Peafowl" brochure with assistance of Building Official, • Approved the demucking of both stormwater ponds at the WWTP, • Prepared and completed "Project Rocket" for EDC with Brevard County for a new Lockheed firm in our area. Page 19 of 19 Composite Scores for Performace Evaluation for City Manager Greene Evaluation Period June 2010 through May 2011 Section 1. Area Evaluation Mayor Pro Tem Hoog Council Member Morgan Council Member Petsos Mayor Randels Council Member Walsh Composite Score 1 Communications 4 4.5 4 4.75 3 4.05 2 Relationship with City Council 4 4.5 4 5 3 4.10 3 Budgeting 4 5 5 5 4 4.60 4 Financial Management 4 4.5 3 5 3 3.90 5 Asset Management 4 4 4 5 4 4.20 6 Planning and Organization 5 4.5 5 4.75 3 4.45 7 Decision Making 4 5 4 5 3.5 4.30 8 Council Meetings 4 5 4 5 4 4.40 9 Professional and Leadership Skills 5 5 5 5 3 4.60 10 Community Relations 4 3.5 4 4.75 4 4.05 11 4.27 Section 11. Skills & Traits Evaluation Mayor Pro Tem Hoog Council Member Morgan Council Member Petsos Mayor Randels Council Member Walsh Composite Score 1 Planning Skills 4 4 5 5 3.5 4.30 2 Leadership Skills 5 5 4 5 3 4.40 3 Negotiating Skills 4 4 5 5 4 4.40 4 Creativity 5 4 Not scored 5 4 4.50 5 Honesty/Fairness 4 4.5 5 5 3 4.30 6 Adaptability 4 5 5 5 4 4.60 7 Initiative 4 5 4 5 4 4.40 8 Resiliency 5 5 4 5 4 4.60 9 Humor 5 5 5 4.5 4 4.70 10 Ethical Standards 5 5 5 5 3 4.60 11 Job Knowledge 5 4.5 5 5 5 4.90 12 10perational Efficiency 5 5 4 5 3 4.40 4.51 Composite Scores for Performace Evaluation for City Manager Greene Evaluation Period June 2010 through May 2011 Section lll. Quality of Municipal Service Mayor Pro Tem Hoog Council Member Morgan Council Member Petsos Mayor Randels Council Member Walsh Composite Score City Clerk/Personnel 4 3.5 Not Scored 5 Not Scored 4.17 City Treasurer 4 3.5 Not Scored 4.5 Not Scored 4.00 Audit/Financial Services 4 4.5 Not Scored 5 Not Scored 4.50 Contract Utility Billing Service 3 2 Not Scored 4 Not Scored 3.00 Community Development 2 3 Not Scored 4.25 Not Scored 3.08 Building 4 4.5 Not Scored 4.75 Not Scored 4.42 Local Business Tax Receipts 3 4 Not Scored 4.75 Not Scored 3.92 Planning and Zoning 2 3.5 Not Scored 4 Not Scored 3.17 Parks & Recreation 4 4 Not Scored 4.75 Not Scored 4.25 Public Works 4 4 Not Scored 4.5 Not Scored 4.17 Stormwater 4 3.5 Not Scored 5 Not Scored 4.17 Streets & Beautification 3 4.5 Not Scored 4.5 Not Scored 4.00 Water Reclamation 3 3.5 Not Scored 4.75 Not Scored 3.75 Engineering Services Contracted 2 3 Not Scored 3.75 Not Scored 2.92 Fire/Rescue Services Contracted 4 5 Not Scored 4.75 Not Scored 4.58 Police Services Contracted 3 4.5 Not Scored 4.75 Not Scored 4.08 Solid Waste Recycling Contracted 4 4 Not Scored 1 5 Not Scored 4.33 3.91