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Packet 09-20-2011 Part 1 (items 1-8)
CALL Mi ORDER: .. . ....... . .. ....... . .. . ...... ...... F:r • �21� u1jo-Ily 7:15 p.m. — 7:30 quip.qui m. 7„, ", 0 zi mr/O All I M111 J i AVERAL LIBRARY MEETING ROOVII c Avenue, Cape Canaveral, Florida Tuesday September 20, 20111 7:00 PM Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will llimit 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. R w• M A 2 warl.ffj T=o Reguirements: 7:30 p.m. 2) Approve Resolution No. 2011-20, Adopting an Affirmative Action Plan, including a pollicy relating to the employment of small and minority businesses for use in administering Community Development Block Grants, and a pol�icy relating to the employment of minorities by Cape Canaveral, 105 Polk Avenue - Post Office Box 326 Cape Canaveral, IL 32920-0326 Telephone (321) 868-1220 Fav (321) 868-1248, ",ww,cityot'capecanr iveral.oi-g - en -mil: inft)(�i,)cltyofcapecanivei-al,org City of Cape Canaveral, Florida City Council Meeting September 20, 2011 Page 2 of 4 d) Approve Resolution No. 2011-23, Adopting an Anti-Displ!acemient & Relocation Policy-, e) Approve Ordinance No. 10-2011, Adopting a new Chapter 36 of the City Code to be entitled "Fair Housing;" providing for a declaration ol policy to prohibit discrimination in housing on the basis, of race, color, ancestry, national origin, religion, sex, marital status, familial status, handicap or age-, providing definitions, desiignating as unlawful certain discriminatory practices in the, sale or rental of housing, as well as in advertising in connection therewith, in the financing of housing, and in brokerage services related to exceptions� providing for an administrator to be designated by the City of Cape Canaveral and prescribing the general powers and duties, of such administrator, prescribing action upon a determination of probable cause, and authorizing the promulgation Ul' �orms and regulations; making provisions for the filing of complaints and responses thereto, and the processing thereof by the administrator; providing for additional remedies; providing for prohibiting untruthful complaints or false testimony, providing for penalties for violation of such code. Mimi=# MWFLW�� 3. Approve Resolution No. 2011-12; Reappointing Regular fflemberc� Donald Dunn and Harry Pearson to the Planiining and Zoning Board. 4Approve Resolution Noi. 2011-17; Reappointing a Regular Member, Jo Bond to the Board of Adjustment. I q, Approve Resolution No, 20111 �24, Reappointing a Regular Member, Jear Deck to the Library Board. 6. Approve Resolution, No. 20111-14; Authorizing an Addendum to the Contract for Fire Protection and Emergency Medical Service's Between the City and the Cape Canaveral Volunteer Fire Department, Inc. 7. Approve Resolution No. 2011-15; Authorizing an Agreement for Municip— Law Enforcement Services between the City of Cape Canaveral, FIod and J.R. "jack" Parker, as Sheriff of Brevard County, providing for effective date, • rcdf TeFT1 7 City Council Meeting September 201, 2011 Page 3 of 4 III 8. Approve Resolution No. 2011-19; Authorizing an Agreement between the City of Cape Canaveral, Board of County Commissioners of Brevard County, Florida and the Canaveral Port Authority for E91 1 Dispatching Services and Fire and Emergency Medical Coverage for the county unincorporated are identified in Appendix A and B, so, as to better protect the lives and property of its citizens. 9. Approve Annual Extension of the Street Sweeping Services Contract in thp-9 Amount of $8,304.24 with USA Services of Florida, Inc., 10. Approve Annual Extension of the Fertilization, Insect, Disease,-4y'eed Control and Pest Control Agreement in the Amount of $41,344 with Black's Lawn Care and Pest Control, Inc. 11. Approve Annual Extension of Mowing Services Agreement in the Amount of $178,939.10 with Nick's Lawn Service, Inc, 12. Approve Traffic Signal Maintenance Interlocal Agreement between Brevard County and the City of Cape Canaveral. 13. Approve a lien reduction for Case No. 2010-00112, 209 Pierce Avenue, U n it A f rom $ 8,3 5 0 to $1,3 54.86. W— •-- �-- - = -�= R- 7�55 p.m. — 8:00 p,. m. 14. Approve Resolution No. 2011-16, a Resolution of the City of CapKt Canaveral Adopting a Combined Rate of 4.0739 Mills for FY 2011/12. 0 p.m. — 8.-15 p.m. 15. Approve Ordinance No. 07-2011, Adopting the Proposed Budget for Fiscal Year 2011/12. 16. Approve Ordinance No. 08-20111; amending Section 18-3 of The City Code, relating to regulation of weapons during civil emergencies; providing for the repeal of prior inconsistent Ordinances and Resolutions; incorporation into the Code; severability, and an effective date. %fay or ua,,#,e u1n. 7 M 71-7 17 City Council Meeting September 20, 2011 Page 4 of 4 1i il ll!''Jil 11i'll !Tii 14W .. ...... .. 8.- 15 p 45 p. 17, Approve Ordinance 06 011, Amending chapter 110 of the Code of Ordinances related to Pain Management Clinics; providing that Pain Management Clinics may be permitted as special exceptions in the C-1 and C-2 zoning districts; amending definitions; providing for supplemental district I! regulations applicable to Pain Management Clinics; providing Pain Management Clinic special exception revocation procedures. 18. Ordinance No. 09-2011, amending the City Code regarding consideration of matters before the City Council in furtherance of ensuring efficient, effective and decorous meetings, establishing a Code of Conduct for City Council Members; providing for the repeal of prior inconsistent Ordinances and Resolutions; incorporation into the Code; severability, and an effective date. Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: if a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09/20/2011 Item No. Subject: Community Development Block Grant Public Hearing and Application Requirements: a) Approve Resolution No. 2011-20, Adopting an Affirmative Action Plan, including a policy relating to the employment of small and minority businesses for use in administering Community Development Block Grants, and a policy relating to the employment of minorities by Cape Canaveral; b) Approve Resolution No. 2011-21, Adopting a Citizen Participation Plan for the Community Development Block Grant Program of the City; c) Approve Resolution No. 2011-22, Adopting Complaint and Grievance procedures for the City's Community Development Block Grant program; d) Approve Resolution No. 2011-23, Adopting an Anti -Displacement & Relocation Policy; e) Approve Ordinance No. 10-2011, Adopting a new Chapter 36 of the City Code to be entitled "Fair Housing;" providing for a declaration of policy to prohibit discrimination in housing on the basis of race, color, ancestry, national origin, religion, sex, marital status, familial status, handicap or age; providing definitions; designating as unlawful certain discriminatory practices in the sale or rental of housing, as well as in advertising in connection therewith, in the financing of housing, and in brokerage services related to exceptions; providing for an administrator to be designated by the City of Cape Canaveral and prescribing the general powers and duties of such administrator, prescribing action upon a determination of probable cause, and authorizing the promulgation of forms and regulations; making provisions for the filing of complaints and responses thereto, and the processing thereof by the administrator; providing for additional remedies; providing for prohibiting untruthful complaints or false testimony; providing for penalties for violation of such code. Department: Communitv Development Department Summary: Under the direction of the City Manager and acting upon the policy established in the 2007 Redevelopment Plan and the 2009 Community Visioning, Staff is aggressively pursuing funding sources to improve public infrastructure and implement the Vision Statement as it calls for "Complete Streets" in Cape Canaveral. One of the funding sources available to the City is the Community Development Block Grant (CDBG) Program. This Program is managed by the State of Florida through the Department of Economic Opportunity (DEO). Because of the job creation associated with the recently approved Casa Canaveral Assisted Living Facility (ALF), the City is eligible for an Economic Development Grant of approximately $700,000. If awarded, monies will be used to upsize sanitary sewer lines and the lift station in order to accommodate increased flows from the ALF. In addition, funds will be used to transform West Central Boulevard into a "Complete Street". The roadway surface will be milled, a new laver of asphalt added, curbs will be realaced. and lanes narrowed City Council Meeting Date: 09/20/2011 Item No. :L Continued Page 2 of 3 from 20' to 16' to include 12' wide travel lanes and 4' wide bicycle lanes. An 8' wide pedway will be constructed on the north side of the roadway, a 6' wide sidewalk constructed on the south side, street furniture, transit stop, solar street lighting and enhanced landscaping will also be provided. Staff considers this to be a "signature" project that will set the standard for future development in the City. It will also provide greater awareness and access to Manatee Sanctuary and Banana River Parks. Fred Fox Enterprises has been retained to assist with the application and administration of the grant. Patrick Howard, CDBG program administrator for DEO, has visited the City and has said the portion of West Central from Al to the west entrance to the ALF will be eligible for funding subject to meeting CDBG Program requirements. This is the first of two public hearings required prior to application submittal. Time is of the essence in the adoption of required policies and submittal of the application. The State has a pool of approximately $6,000,000 that are awarded on a first come, first served basis and applications for over $3,000,000 have been received. In addition, the application requires that the developer, Danny Ringdahl, and the job creator, Pamela Dillon of Evening Tide, execute a Participating Party Agreement that lists the number, type, and wage for the jobs created as well as a business plan and financial information. Both have been very willing to assist the City in obtaining these funds. As part of the application process, certain policies must be adopted by the City to satisfy/meet Federal and State requirements. Public Hearings are required and the Resolutions and Ordinance are described below: Resolution No. 2011-20 -- Adopts a policy for the employment of Small and Minority Businesses (Affirmative Action Plan) in administering Community Development Block Grants and a policy relating to the employment of minorities by Cape Canaveral. The Resolution states that the City will promote and assist Small & Minority Businesses in doing business with the City on projects funded through the Community Development Block Grant Program. It does not require contracts be awarded to Small & Minority Businesses. While every opportunity will be afforded Small & Minority Businesses, contracts will continue to be awarded to the lowest/best responsible bidder. The Resolution also adopts policies that attempt to increase the percentage of minority employees, but clarifies that this is a goal and the City accepts no liability, if the goal is not reached. Resolution No. 2011-21 - Adopts a Community Participation Plan and establishes the Planning and Zoning Board as the Citizens Advisory Task Force (CATF). The Citizen Participation Plan provides citizens with an opportunity to participate in the planning for the CDBG Program. Accordingly, the Plan calls for the designation of a Citizens Advisory Task Force. Staff is proposing that the Planning and Zoning Board serve as the CATF as the members have an interest in and experience with the development of the City. City Council Meeting Date: 09/20/2011 Item No. Continued Page 3 of 3 Resolution No. 2011-22 — Adopts a procedure for addressing complaints and grievances regarding the Community Development Block Grant Program. Resolution No. 2011-23 — Adopts an Anti -Displacement and Relocation Policy that calls for the City to make all reasonable efforts to ensure that activities undertaken through the use of CDBG funding will not cause unnecessary displacement or relocation. Policies and procedures for displacement and relocation are also adopted. The Economic Development Grant that the City is applying for will not involve any displacement or relocation. Ordinance No. 10-2011 -- Adopts a Fair Housing Policy for the City that prohibits discrimination in housing based on race, color, ancestry, national origin, religion, sex, marital status, familial status, handicap, or age. The Resolution provides for definitions of unlawful housing policies, designates the City Manager or designee as administrator, and establishes a procedure for processing complaints. The Economic Development Grant that the City is applying for does not involve Fair Housing issues. Staff Recommendation: Authorizing development of the CDBG Application; adopt the Resolutions and Ordinance necessary to apply for CDBG funds. Submitting Department Director: Barry Brown 6 W Date: 09-12-11 Attachment(s): 1) Resolution No. 2011-20, 2) Resolution No. 2011-21, 3) Resolution No. 2011-22, 4) Resolution No. 2011-23, and 5) Ordinance No. 10-2011; draft proof of publication — as of this writing, the Notice of Public Hearing is scheduled to appear in the Florida Today on 09-14-2011, after publication of the City Council Meeting Agenda. Financial Impact: The City has sufficient funds available in the form of reserves. CDBG Grant Funds, if awarded and developer contribution of up to $300,000 toward completion of the identified improvements to West Central Boulevard from State Road A1A to Thurm Boulevard. Also, costs to prepare ordinances and resolutions and advertising; the cost to pay Fred Fox Enterprises will come rant proceeds. 17 Reviewed b Cit Treasurer: Andrea Bowers Date: r� The City Manager recommends that City Council take fhe fo lowing action( ): Authorize the development of the CDBG Application; adopt Resolutions No. 2011-20; No. 2011-21; No. 2011-22; No. 2011-23; and adopt Ordinance No. 10-2011. Approved by City Manager: David L. Greene D`3. LL- Date: 1 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain RESOLUTION 2011-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA ADOPTING AN AFFIRMATIVE ACTION PLAN, INCLUDING A POLICY RELATING TO THE EMPLOYMENT OF SMALL AND MINORITY BUSINESSES FOR USE IN ADMINISTERING COMMUNITY DEVELOPMENT BLOCK GRANTS, AND A POLICY RELATING TO THE EMPLOYMENT OF MINORITIES BY CAPE CANAVERAL; PROVIDING DEFINITIONS; DEFINING AN ACTION PLAN; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY: AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral desires to establish a policy supporting small and minority businesses; and WHEREAS, the City Council of the City of Cape Canaveral recognizes an opportunity to affirmatively support small and minority business in those programs directly funded by the U.S. Department of Housing and Urban Development; and WHEREAS, the City Council of the City of Cape Canaveral desires to bring the percentage of minorities employed by the City more closely in line with its percentage of minorities who live in the City; and WHEREAS, the City Council of the City of Cape Canaveral recognizes the need to adopt an action plan to implement such goals; and WHEREAS, the City Council believes that adoption of this Resolution is in the best interests of the City of Cape Canaveral. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference and are deemed a material part of this Resolution. Section 2. Adoption of Affirmative Action Plan. The Cape Canaveral City Council hereby adopts the following as policy of the City: 1. PolicyRelating to the Employment of Small and Minority Businesses. It shall be the policy of the City of Cape Canaveral when soliciting for projects that involve Community Development Block Grant federal funding to require each department, agency, entity, or agent of the City to promote and assist small and minority businesses in gaining entry to do business with the City of Cape Canaveral. By assisting small and minority City of Cape Canaveral Resolution No. 2011-20 Pagel of 5 businesses, the City will help to expand and develop the small and minority section, if any, in and around Cape Canaveral. For projects assisted by programs providing direct financial assistance from the U.S. Department of Housing and Urban Development (hereinafter "HUD"), the City will include the Section III clause of the Housing and Urban Development Act of 1968 in all contracts for work connected with the projects. The City will also comply with the Section III clause in the administration of Community Development Block Grant programs, which requires: A. To the greatest extent feasible, opportunities for training and employment are given to low income project residents; B. To the greatest extent feasible, contract for work in connection with the project will be awarded to businesses Iocated in, or owned in substantial part by persons residing in the project area; C. Certifying that parties to the contracts are under no obligation, which would prevent them from complying; D. Insuring that the contractor will send labor organizations with which he or she has had a collective bargaining agreement a notice stating his or her commitments under this section and post this notice in places available to employees; E. Insuring that the contractor will include a "Section III CIause" in every subcontract; F. Insuring that the contractor will not subcontract with anyone that has previously violated "Section III" requirements; G. Obligate the contractor to provide a preliminary statement of work force needs prior to signing the contract; H. Include "Section III" requirements in Community Development Block Grant bid invitations and contract specifications; I. Cooperate with the Secretary of Housing and Urban Development in obtaining compliance from the recipient of the grant's contractors; J. Submit to compliance reviews by the HUD when necessary; and K. Permit HUD access to all required records, accounts, reports, books, etc. It is understood however, that while every opportunity will be afforded to small and minority businesses to enable them to bid on Cape Canaveral 's Community Development Block Grant federally funded projects, contracts will continue to be awarded to the lowest or best responsible bidder. City of Cape Canaveral Resolution No. 2011-20 Page 2 of 5 2. Policy Relating to the Employment of Minorities by Cape Canaveral. It shall be the goal of the City of Cape Canaveral to attempt to increase the percentage of minority City employees at the rate of 0.1% of the City's total employee base, per year until the percentage of minority City employees is equal to that of the minority City population. The City will attempt to attain the goal by doing the following: A. The City will advertise every open position in a newspaper of general circulation within the City prior to filling the open position when the position has not already been filled through existing procedures or policies providing for promotion from within and from Job Service applicants. B. Stating in every advertisement that the City is an equal opportunity employer and does not discriminate in its hiring practice. While the City will attempt to attain the minority employment goal stated herein the following is understood: A. The City will attempt to hire the best qualified person for each available position, regardless of race. B. The City will attempt to attain the employment goal set forth herein; the goal is only that and the City accepts no liability if the goal stated herein is not reached. 3. Defmitions. A. SMALL BUSINESS -An independently owned and operated business concern which employs twenty-five (25) or fewer permanent full-time employees, and which has a net worth of not more than one million dollars as applicable to sole proprietorships; the one million dollar net worth requirement shall include both personal and business investments. B. MINORITY BUSINESS ENTERPRISES -Any small business concern which is organized to engage in commercial transactions, which is at least fifty-one (5 1) percent owned by minority persons and whose management and daily operations are controlled by such person. A minority business enterprise may primarily involve the practice of a profession. C. CERTIFIED MINORITY BUSINESS ENETRPRISES-A business enterprise which has been certified by the State of Florida Department of General Services to be a minority business enterprise in accordance with the provisions of the Small and Minority Business Assistance Act of 1985. City of Cape Canaveral Resolution No. 2011-20 Page 3 of 5 D. MINORITY PERSON -A person whose race is Black, American Indian, Alaskan Native, Asian or Pacific Islander. 4. Action Plan. In that the City of Cape Canaveral will continuously seek to administer programs funded in part or in total by allocations directly or indirectly from the U.S. Department of Housing and Urban Development, the City desires to enhance the opportunities for small and minority businesses and local businesses to participate in Community Development Block Grants with the City. To accomplish this objective, the City Council of the City of Cape Canaveral, Florida, establishes and implements the following steps to facilitate the deployment of affirmative action in expenditures for contractual services, commodities and construction contracts on Community Development Block Grant federally funded projects: A. To utilize the news media, State Department of General Services list of small or minority business concerns, local advertising services, citizen's advisory boards, regional planning councils, listings by federal agencies, and other appropriate sources to identify small and minority business concerns for possible involvement with the City's Community Development Block Grant federally funded contracts. B. To maintain and update the listing of small and minority business concerns and notify them of Community Development Block Grant federally funded contracting opportunities with the City. C. To maintain records (copies of memoranda, general correspondence, etc.) to document that all steps in the action plan have been followed. D. To establish or utilize an existing position to function as the equal opportunity officer to coordinate the implementation of the Affirmative Action Plan with operators of Community Development Block Grant federally funded City administered projects and programs. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. City of Cape Canaveral Resolution No. 2011-20 Page 4 of 5 RESOLVED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on this 20th day of September, 2011. ATTEST: Rocky RandeIs, 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 by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No. 2011-20 Page 5 of 5 RESOLUTION 2011-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING A CITIZEN PARTICIPATION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM OF THE CITY; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City desires to establish a Community Development Block Grant ("CDBG") Program, by which the City may apply for federal grant monies to carry out a wide range of community development activities directed toward revitalizing neighborhoods, economic development, and providing improved community facilities and services; and WHEREAS, a Citizens Participation Plan is consistent with the requirements of Section 508 of the Housing and Community Development Act of 1987 which amends Section 104(a) of the Housing and Community Development Act of 1974, 24 C FR 570.431 and rule 9B-25, F.A.C. by the Department of Community Affairs; and WHEREAS, the City of Cape Canaveral desires to adopt a Citizens Participation Plan; and WHEREAS, the City Council believes this Resolution is in the best interests of the citizens of Cape Canaveral. NOW, THEREFORE, be it resolved by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference and are deemed a material part of this Resolution. Section 2. Adoption of Citizen Participation Plan. The City Council of the City of Cape Canaveral hereby adopts the Citizens Participation Plan set forth in Exhibit "A," attached hereto and fully incorporated herein by this reference. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions -in conflict herewith are hereby repealed to the extent of the conflict. City of Cape Canaveral Resolution 2011-21 Page 1 of 2 Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. RESOLVED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on this 20th day of September, 2011. Rocky Randels, Mayor ATTEST: 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 by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution 2011-21 Page 2 of 2 EXHIBIT "A" TO RESOLUTION NO. 2011-21 CITY OF CAPE CANAVERAL, FLORIDA COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CITIZENS PARTICIPATION PLAN I. OVERALL GOAL The purpose of this plan is to provide the citizens of the City of Cape Canaveral with an adequate opportunity for meaningful involvement on a continuing basis and for participation in the planning, development, implementation, and assessment of the City of Cape Canaveral's Community Development Block Grant Program. 11. OBJECTIVES A. To increase interchange of information between CDBG Staff and local citizens concerning community development and related concerns. B. To heighten public awareness as to the purpose and function of the CDBG Program and the types of assistance available, especially among low/moderate income residents of CDBG target areas. C. To increase community participation in program planning and implementation and thereby create local support for CDBG goals. D. To allow affected or potentially affected citizens to directly assist in shaping and guiding the program's impact upon their neighborhood as well as the community at large. III. CONSISTENCY This Citizen Participation Plan is consistent with the requirements of Section 508 of the Housing and Community Development Act of 1987 which amends Section 104(a) of the Housing and Community Development Act of 1974, 24 CFR 570.4312 and DCA Rule 9B-25. This PIan supersedes all other Citizen Participation Plans, if any, utilized by the City of Cape Canaveral, Florida. This Plan sets forth the procedures for Citizen Participation that shall be utilized during each stage of the Community Development Block Grant process upon its adoption by the City Council of the City of Cape Canaveral and shall remain in effect until otherwise amended. IV. OVERVIEW A. Citizen participation is a vital element in the preparation of a method by which community involvement will be solicited and maintained throughout the entire Community Development Block Grant process. The City of Cape Canaveral, Florida shall strive to ensure such participation by utilizing the public hearing process and by appointing a Citizens Advisory Task Force. B. It shall be the policy of the City of Cape Canaveral that the effectiveness of citizen participation in the planning, development, implementation, and assessment of the Community Development Block Grant process be analyzed during public hearings, other called meetings, and amendments to the Plan will be made when necessary. V. CITIZEN PARTICIPATION TECHNICAL REQUIREMENTS Since the purpose of this plan is to provide citizens of the City of Cape Canaveral, Florida with an adequate opportunity for meaningful involvement in the planning, implementation, and evaluation of the City's Community Development Block Grant process, it shall be the City's policy to solicit, and respond in a timely manner to, the views and proposals of all citizens, particularly low and moderate income persons, members of minority groups, and residents of blighted areas where the potential exists for the undertaking of CDBG eligible activities. Upon adoption of this Plan, the following technical requirements shall govern this process: A. Public Hearings 1. To ensure adequate notice of public hearings, all notices shall be printed in the (local newspaper) no less than five (5) days and no more than twenty (20) days prior to each public hearing held at any stage of the Community Development Block Grant process. 2. When deemed appropriate, the City may also post notices of such hearings in not less than two public places. The posting of notices may only supplement publication of public hearing notices. A news article located in a conspicuous place in the newspaper may be considered as sufficient printed notice to fulfill this requirement. The City may also utilize additional means (personal contact, radio, etc.) to the maximum extent possible to reach target groups identified above when this is necessary. A minimum of two public hearings will be held before the City Council to provide the greatest access for citizen participation in developing CDBG applications. 3. The City of Cape Canaveral does not have known concentration of non-English speaking residents; therefore the services of a translator will not be required unless a specific request is made. Notices shall include information concerning the handicapped. B. Citizens Advisory Task Force 1. The City's Planning & Zoning Board shall serve as the Citizens Advisory Task Force for all CDBG projects. 2. The Citizens Advisory Task Force shall serve as a focal point or liaison between the City and its constituents in regard to CDBG project development and implementation. The Task Force shall have the following duties and responsibilities: 2 a. Disseminate information concerning eligible activities, proposed projects, and the status of current projects. b. Coordinate various groups which choose to participate in the implementation of community development activities. c. Review written comments assessing the implementation of the CDBG program. d. Monitor the overall implementation of the CDBG program and review program status with administrative personnel on an as requested or needed basis. e. Monitor the citizen participation process and propose such amendments as may be necessary to this Participation Plan. 3. The Citizen Advisory Task Force shall be a tool through which program progress can be analyzed and proposed amendments discussed, if applicable. C. Access to Records 1. The City of Cape Canaveral shall maintain a complete project file on its Community Development Block Grant program(s) which shall be available for public inspection during regular office hours in the City Clerk's office. This file shall include but not be limited to the following: a. Citizens Participation Plan b. Community Development Plan c. Community Development Block Grant Application d. Program Amendments e. Environmental Review Record f. Financial Status g. Fair Housing Ordinance I Equal Opportunity Requirements i. Policies and Procedures Governing Beneficiary Eligibility j. Performance Assessment Report k. Written Comments and City's Response 2. Generally, the project file is available for review by any citizen or group; however, in no case will disclosure be made of any program participant's financial status. D. Technical Assistance The program staff shall provide technical assistance to citizen committees and groups and persons interested in the citizen participation process. This technical C assistance shall focus on increasing public access to participation in the Community Development Block Grant decision making process through the Citizens Advisory Task Force, and ensuring that this participation is meaningful. Technical assistance will also be utilized to foster an understanding of program requirements; i.e., equal opportunity, relocation, environmental policies, beneficiary eligibility, etc. E. Grievances All grievances regarding individual decisions made as a part of the implementation of the Community Development Block Grant program shall be submitted, in writing to the Program Administrator. If a person feels that his/her complaint has not been sufficiently addressed by the Program Administrator's response, an appeal may be made to the Citizens Advisory Task Force. 2. If a response satisfactory to the aggrieved is not issued by the Citizen Advisory Task Force, an appeal may be made to the City Council. At any point, the aggrieved may register a written complaint with the Florida Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100. All written complaints registered at the local level shall have a written response from the Administrator, Citizen Advisory Task Force, or the City Council within fifteen (15) working days of the lodging of said complaint. A file of all grievances and responses shall be maintained and available for public inspection. In the event the aggrieved has exhausted all appeals without a decision satisfactory to himself/herself, he/she may pursue other legal channels in an attempt to achieve satisfaction. F. Amendment The amendment of this Plan shall follow all citizen participation requirements delineated in the Section Post Approval Requirements and applicable technical provisions. Such amendments shall require adoption by the City Council prior to becoming effective. G. Authority No part of this Participation Plan shall be construed to restrict the responsibility and authority of the elected officials of the City of Cape Canaveral, Florida, in the development and implementation of any Community Development Block Grant program. Rather it is a vehicle through which the elected officials of the City of Cape Canaveral can assure citizen input prior to their decision making process. M CITIZEN PARTCIPATION IN EACH STAGE OF THE CDBG PROGRAM I. Application Stage The objective of citizen participation at this stage is to provide meaningful community- wide citizen input into the decision making process during the consideration of priorities and of options associated with the development and submission of the application. The following requirements will be met during the application stage and certified to in the body of the application: A. Review of the Citizen Participation PIan B. Presentation of the City's Community Development Plan. Title I of the Housing and Community Development Act of 1974, as revised, has as its primary objective, the development of viable urban communities by providing decent housing, suitable living environment, and expanding economic opportunities, principally for persons of low and moderate incomes. Consistent with these objectives, the City of Cape Canaveral will develop a Community Development Plan that identifies the community development and housing needs and specifies both short and long term community development objectives to meet the established needs. C. Public Hearings A minimum of two (2) public hearings will be held before the City Council during this stage. The purpose of the first public hearing is to assess community needs and problems in an effort to determine the most pressing needs of the community and to solicit citizen input as to the ranking of said needs. The purpose of the second hearing is to present for public comment and review the program of activities that the City has selected for the application as best suited to meet these needs. The City may determine that more than two (2) public hearings during the application stage are desirable and thus hold extra hearings. All such hearings shall be governed by the requirements as set forth herein. The following information will be presented to the public at each public hearing during this stage: 1. The range of activities that may be undertaken with CDBG funds, the kinds of activities previously funded; if any, and the progress made with respect to those activities. 2. An overview of the CDBG program to include analysis of the DCA rating process and discussion of applicable grant ceilings. 3. Discussion of the competitive nature of the CDBG process and the likelihood that more applications will be submitted to DCA than can be funded. 4. The process to be followed in soliciting and responding to the views and proposals of citizens in a timely manner. 4. Discussion of the role of the Citizen Advisory Task Force. II. POST APPROVAL STAGE A. The City shall assure continuing citizen participation throughout the life of the Community Development Block Grant program, particularly when considering amendments to the program. B. The involvement of citizens in the amendment process is felt to be essential. To ensure adequate citizen participation during the conduct of the program, the following requirements for amendments will be met: I. Citizens participation will be utilized when any amendment reduces beneficiaries requiring formal approval by DCA according to the provisions of this Plan. 2. Such changes will be presented for review to the Citizen's Advisory Task Force in a meeting of such Task Force which shall be open to the public. A public hearing(s) as required will be held before the City Council during the amendment process. 3. The City shall attempt to involve citizens residing in the target area(s) affected by any amendment or revision in the development of such amendment or revision. This shall be accomplished through the dissemination of information on such program changes to the affected residents. III. ASSESSMENT OF PERFORMANCE Citizens of the City of Cape Canaveral will be provided opportunities to comment on the implementation of the City's CDBG program and to assess the performance of the City in meeting its community development goals and objectives. Continual community assessment of the effectiveness of the program is considered essential to the success of the CDBG program. In order to ensure this involvement, the City will utilize the following approaches: 1. The Citizen Advisory Task Force, established in accordance with this Plan, will function as the focal point of the evaluation and assessment process. This group will continually provide the City and its staff with feedback on the effectiveness of the program and suggest changes, if applicable. 2. The public hearing process will be used as required to ensure community -wide participation in the evaluation of the program. 3. Written comments on the program will be received at any time during the life of the program. All written comments will be presented to the Citizen Advisory Task Force for their review and response by the appropriate party within fifteen (15) working days. IV. CITIZEN COMMENTS TO DCA Persons may comment to DCA at any time concerning the City of Cape Canaveral's failure to comply with the citizen participation requirements as set forth in this Plan. 7 RESOLUTION 2011-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING COMPLAINT AND GRIEVANCE PROCEDURES FOR THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City desires to establish a Community Development Block Grant ("CDBG") Program, by which the City may apply for federal grant monies to carry out a wide range of community development activities directed toward revitalizing neighborhoods, economic development, and providing improved community facilities and services; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to adopt complaint and grievance procedures for Community Development Block Grant Programs of the City; and NOW, THEREFORE, be it resolved by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference and are deemed a material part of this Resolution. Section 2. Complaint & Grievance Procedure. The City Council of the City of Cape Canaveral hereby adopts the following Complaint & Grievance Procedure as official policy of the City: All grievances regarding individual decisions made as a pari of the implementation of the Community Development Block Grant program shall be submitted, in writing, to the Program Administrator. If a person feels that his/her complaint has not been sufficiently addressed by the Program Administrator's response, an appeal may be made to the Citizens Advisory Task Force. If a response satisfactory to the aggrieved is not issued by the Citizen Advisory Task Force, an appeal may be made to the City Council. At any point, the aggrieved may register a written complaint with the Florida Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-21.00. All written complaints registered at the local level shall have a written response from the Administrator, Citizen Advisory Task Force, or the City Council within fifteen (15) working days of the lodging of said complaint. A file of all grievances and City of Cape Canaveral Resolution 2011-22 Page 1 of 2 responses shall be maintained and available for public inspection. In the event the aggrieved has exhausted all appeals without a decision satisfactory to himself/herself, he/she may pursue other legal channels in an attempt to achieve satisfaction. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereto. Section 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. RESOLVED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on this 20th day of September, 2011. Rocky Randels, Mayor ATTEST: 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 by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution 2011-22 Page 2 of 2 RESOLUTION 2011-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING AN ANTI - DISPLACEMENT & RELOCATION POLICY; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City desires to establish a Community Development Block Grant ("CDBG") Program, by which the City may apply for federal grant monies to carry out a wide range of community development activities directed toward revitalizing neighborhoods, economic development, and providing improved community facilities and services; and WHEREAS, the City of Cape Canaveral is committed to making all reasonable efforts to ensure that activities undertaken through the use of CDBG or other Federal funding will not cause unnecessary displacement or relocation; and WHEREAS, the City of Cape Canaveral desires to adopt its own Anti -displacement & Relocation Policy in furtherance of this commitment; and WHEREAS, the City Council of the City of Cape Canaveral believes this Resolution is in the best interests of the citizens of Cape Canaveral. NOW, THEREFORE, be it resolved by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference and are deemed a material part of this Resolution. Section 2. Adoption of Anti -Displacement & Relocation Policy. The City Council of the City of Cape Canaveral hereby adopts the Anti -Displacement & Relocation Policy set forth in Exhibit "A," attached hereto and fully incorporated herein by this reference, as official policy of the City. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereto. City of Cape Canaveral Resolution 2011-23 Page 1 of 2 Section 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. RESOLVED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on this day of September, 2011. ATTEST: Rocky Randels, Mayor For Against w= -q ANGELA APFERSON, City Clerk Jim Morgan Buzz Petsos Rocky Randels Betty Walsh Approved as to Iegal form and sufficiency for the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution 2011-23 Page 2 of 2 EXHIBIT "A" TO RESOLUTION 2011-23 CITY OF CAPE CANAVERAL ANTI -DISPLACEMENT AND RELOCATION POLICY REFERENCE: TENANT ASSISTANCE, RELOCATION AND REAL PROPERTY ACQUISITION PLANS. TABLE OF CONTENTS I. DISPLACEMENT AVOIDANCE POLICY II. DEFINITIONS A. Standard Condition B. Substandard Condition Suitable for Rehabilitation Displacement Policy and Procedures III.PERMANENT, INVOLUNTARY DISPLACEMENT A. Provisions for One -to One Replacement B. Provisions for Relocation Assistance for Residential Displacement C. Provisions for Non -Residential Relocation IV. TEMPORARY, VOLUNTARY DISPLACEMENT & RELOCATION V. PERMANENT, VOLUNTARY DISPLACEMENT & RELOCATION VI. TENANT ASSISTANCE POLICY VII. DISPLACEMENT OF HOMEOWNERS VIII. APPEALS/COUNSELING 4 TENANT ASSISTANCE, RELOCATION & REAL PROPERTY ACQUISITION PLAN I. DISPLACEMENT AVOIDANCE POLICY The City of Cape Canaveral is committed to a policy to make all reasonable efforts to ensure that activities undertaken through the use of Community Development Block Grant (CDBG) and/or other federal funding will not cause unnecessary displacement or relocation. Such federally funded programs will be administered in such a manner that careful consideration is given during the planning phase with regard to avoiding displacement. The City will also provide information to keep citizens involved in the process regarding pending land use changes, zoning and rezoning actions that threaten the preservation of residential areas. Involuntary displacement shall be reserved as a last resort action necessitated only when no other alternative is available and when the activity is determined necessary in order to carry out a specific goal or objective that is of benefit to the public. In this case, community development and housing programs will be planned in a manner which avoids displacement of households or business. However, "voluntary" displacement (temporary or permanent) may be necessary in order to achieve a benefit to a household or business (such as rehabilitation or replacement of the building). Such benefits shall be identified and requested by the displaced. Voluntary displacement may also occur when a property owner voluntarily offers his home or business property for sale to the City. In these cases, the seller may be required to waive rights as a condition of the sale of the property, and the Uniform Relocation Act provisions will govern actions of the City and/or its representative(s). 24 CFR Part 570 is a governing document on displacement and is incorporated by reference. 49 CFR Part 24 provides Uniform Relocation Act information and is incorporated by reference. As pertains to the City's Tenant Assistance, Relocation and Real Property Acquisition Plan, the U.S. Department of Housing and Urban Development Handbook #1378, September 1990, shall be adopted in its entirety. II. DEFINITIONS In the absence of federal and state provided definitions, the following is provided to establish a frame of reference and context when dealing with matters of displacement and/or relocation as defined in 24 CFR Part 570 and 49 CFR Part 24. A. Standard Condition A dwelling unit is considered standard if it has no major defects or only slight defects which are correctible through the course of regular maintenance. It must be in total compliance with applicable City housing and occupancy codes; be structurally sound, watertight and in good repair; be adequate in size with respect to number of rooms and area of living space; and contain the following: 1. A safe electrical wiring system adequate for lighting and other normal electrical devices. 2. A separate, well -lighted and ventilated bathroom that provides user privacy and contains a sink, commode, and bathtub or shower stall. 3. An appropriate, sanitary and approved source of hot and cold potable water. 4. An appropriate, sanitary and approved sewage drainage system. 5. A fully useable sink in the kitchen. 6. Adequate space and service connections for a refrigerator. 7. An unobstructed egress to a safe, open area at ground level; and 8. Be free of any barriers which would preclude ingress or egress, if the occupant is handicapped. Failure to meet any of these criteria automatically causes a dwelling to be considered "substandard." B. Substandard Condition Suitable for Rehabilitation A dwelling unit is considered substandard if it does not fully comply with the standard criteria, or has minor defects which require a certain amount of correction but can still provide safe and adequate shelter or has major defects requiring a great deal of correction and will be safe and adequate once repairs are made. To be suitable for rehabilitation, a trained housing specialist must carefully inspect the dwelling and prepare a work write-up of repairs necessary to bring it up to standard condition. A cost estimate of repairs will be prepared based on the needs identified in the work write-up. If these costs are equal to or less than 65% of the value of a comparable replacement unit as obtained from more than one licensed contractor, the dwelling will be considered suitable for rehabilitation. If the predicted cost exceeds 65%, the unit will be deemed unsuitable. This criteria is arbitrary, however, and the City Council may authorize deviation(s) based on the unique aspects of each dwelling, owner, tenant, etc. on a case by case basis. Each deviation so approved must be thoroughly documented. IMPERMANENT, INVOLUNTARY DISPLACEMENT The City will provide reasonable relocation assistance to persons (families, individuals, businesses, nonprofit organizations, displaced (moved permanently and involuntarily) as a result of the use of CDBG/federal assistance to acquire or substantially rehabilitate property). Assistance to displaced persons may include: 4 Payment for actual moving and relocation expenses documented by receipts and/or vouchers from service providers and utility companies. The documents shall be submitted prior to the disbursement of payment. Advisory services necessary to help in relocating. Financial assistance sufficient to enable the displaced person to lease and occupy a suitable, decent, safe and sanitary replacement dwelling where the cost of rent and utilities does not exceed 30 percent of the household gross income of a family earning 80 percent of the median income for the jurisdiction. A. Provisions for One -on -One Replacement The City will replace all occupied and vacant occupiable low/moderate income dwelling units demolished or converted to use other than a low/moderate income housing as a direct result of activities assisted with funds provided under the Housing and Community Development Act of 1974, as amended, and as described in 24 CFR Part 570. Replacement low/moderate income units may include public housing or existing housing receiving Section 8 project based - assistance. All replacement housing will be provided within three (3) years of the commencement of the demolition rehabilitation relating to conversion and will meet the following requirements: The units will be located within the City. 2. The units will meet all applicable City housing, building, and zoning ordinances and will be in standard, or better, condition. The units will be designed to remain low/moderate income dwelling units for at Ieast 10 years from the date of initial occupancy (applies to initial tenant only). 4. The unit will be sufficient in size and number (functionally equivalent) to house at least the number of occupants who could have been housed in the units that are demolished or converted. Before obligating or expanding CDBG/federal funds that will directly result in such demolition or conversion, the local government will make public and submit to the Florida Department of Community Affairs and/or the U.S. Department of Housing and Urban Development the following information in writing: 1. A description of the proposed assisted activity. 2. The general location on an area map including approximate number of dwelling units by size (number of bedrooms) that will be demolished or converted to a use other than low/moderate income dwelling units. 5 3. A time schedule for commencement and completion of the demolition or conversion. 4. The general location on a service area map and approximate number of dwelling units by size (number of bedrooms) that will be provided as replacement units. 5. Identification of the source of funding at the time of submittal and the time frame, location and source for the replacement units. 6. The basis for concluding that each replacement dwelling unit will be designed to remain a low/moderate income dwelling unit for at least 10 years from the date of initial occupancy. 7. Information demonstrating that any proposed replacement of a unit with a smaller unit is consistent with the housing needs of LMI persons in the jurisdiction. B. Provisions for Relocation Assistance for Residential Dis lacement The City will provide relocation assistance, as described in 24 CFR Part 570, to each low/moderate income household involuntarily displaced by the demolition of housing or by the conversion of a low/moderate income dwelling to another use as a direct result of CDBG/federally assisted activities. Persons that are relocated are entitled to: 1. A choice between actual reasonable moving expenses or a fixed expense and dislocation allowance; 2. Advisory services; 3. Reimbursement for reasonable and necessary security deposits and credit checks; 4. Interim living costs; and 5. Replacement housing assistance which may include a Section 8 housing voucher/certificate and referral to assisted units; cash rental assistance to reduce the rent and utility cost or lump sum payment equal to the present value or rental assistance installments to be used toward purchasing an interest in a housing cooperative or mutual housing association for a period up to 60 months (5 years). C. Provisions for Non -Residential Relocation Businesses, non-profit organizations, etc., shall not be relocated unless the move is voluntary, essential to the project from the public view, and the owner waives his/her rights under the Uniform Act except for the following relocation assistance: 1. Actual moving and reasonable re-establishment expenses not less than $1,000 or more than $20,000 equal to the prorated share for a period of interruption of 10 operations of the average annual net earnings. Average annual net earnings before taxes during the two taxable years immediately prior to the taxable year it was displaced. 2. No other benefits will be provided and a signed waiver acknowledging that fact will be required. IV. TEMPORARY, VOLUNTARY DISPLACEMENT & RELOCATION A. Persons occupying housing which is to be rehabilitated using CDBG/federal funds must voluntarily agree to inclusion in the program and shall vacate the housing at the direction of the City (or its designated agency), in order to facilitate the safe, timely and economical rehabilitation process. B. A moving allowance of $300.00 will be provided each family unit so displaced. This allowance will be provided in two payments of $150.00 each on move out and move back in. C. The City may provide a safe, decent and sanitary housing unit for use as temporary relocation housing. The unit shall be available free of charge to temporarily displaced households for the time period authorized by the City's designated agency, generally for the period of rehabilitation construction. Households who occupy the unit shall have a $75.00 refundable deposit withheld from their initial moving allowance payment. This deposit shall be refunded in full immediately after the relocation unit is vacated in a clean and undamaged condition. The deposit refund shall be denied in full or in part for payment of damages to the owner/lessee due to the occupants, (a) failure to properly clean or maintain the unit, (b) physical damage to the unit, (c) loss of keys to the unit, (d) need for any special condition such as fumigation. A $25.00 per day penalty may also be assessed for the household's failure to do so by the City's designated agency. D. A storage allowance of up to $150.00 will be provided each family unit displaced, if storage is necessary and essential to the move. E. Insurance cost of up to $100.00 for the replacement value of the household property in connection with the move will be provided each family unit displaced, if storage is necessary and essential to the move. V. PERMANENT, VOLUNTARY DISPLACEMENT & RELOCATION If it is determined by the City that occupants of a dwelling should be permanently relocated, and the occupant's voluntary consent, the government will assist in the relocation to a decent, safe and sanitary dwelling unit. Benefits, if provided, will be limited to increases in monthly housing costs incurred by the occupant in an amount equal to the lesser of 60 times the 7 increase in monthly payment or 30 percent of the person's annual income. 24 CFR Part 570 must be consulted to determine specific limitations. VI. TENANT ASSISTANCE POLICY A. It is not the local government's policy to displace families in rental units. Participating landlords will be required to warrant that the proposed rehabilitation will not cause any tenant to be permanently displaced unless the owner will be able to relocate the tenant displaced in accordance with HUD relocation criteria. Rental Rehabilitation funds will not be used to rehabilitate the structures if the rehabilitation will cause the permanent displacement of LMI families. B. If it becomes necessary for an owner to temporarily move a tenant from a unit as a direct result of rehabilitation assisted through rental rehabilitation funds, the owners will assure that the tenant is offered a decent, safe and sanitary dwelling unit at an affordable rate as described in the applicable regulations. No tenant will be considered displaced if the owner has offered the tenant a decent, safe, sanitary and affordable unit and the tenant has declined the offer. C. Should temporary displacement become necessary for a LMI family as a result of the rental rehabilitation assistance, the owner will assure that tenants are provided necessary financial assistance, information, counseling, referrals and housing location options regarding Federal Housing Ordinance and other relocation services as needed without regard to race, color, religion, sex, familial status, age, handicap or national origin, so as to enable the family to obtain decent, safe, and sanitary housing at an affordable rate. D. The Housing Authority at the City of Cape Canaveral shall provide federal preferences to any qualified LMI family subject to relocation. Where Section 8 Housing vouchers are available, such preferences will apply. E. Where required compensation to obtain replacement housing shall not exceed the $3,000.00 threshold. Should such projected compensation to the tenant exceed this threshold, consideration shall be given to not performing the demolition rehabilitation which would cause displacement. VII. DISPLACEMENT OF HOMEOWNERS When rehabilitation of the dwelling is not feasible or cost effective, demolition of house with CDBG/federal funds may be considered, only as a voluntary action by the homeowner. Although homeowners have a right to assistance as previously discussed, CDBG/federal funds available for relocation assistance are limited. Therefore, financial assistance shall not exceed that described in accordance with 49 CFR 24.401, and the regulations under U.S. HUD Handbook 1378. VIIL APPEALS /COUNSELING A. If a claim for assistance is denied by the City, the claimant may appeal where applicable to either the State of Florida or U.S. Department of Housing and Urban Development, and their decision shall be final unless a court determines the decision was arbitrary and capricious. B. Counseling will be provided to displacees in the area of household finance, fair housing rights, real estate transactions, and locating and evaluating replacement housing options. Counseling shall be provided by the City or its designated agency to permanently ensure that: No person is discriminated against based upon age, race, color, religion, sex, handicap, familial status, national origin, or presence of children in the household. 2. Displacees receive information concerning the full range of housing opportunities within the local housing market. E i ORDINANCE NO. 10-2011 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, ADOPTING A NEW CHAPTER 36 OF THE CITY CODE TO BE ENTITLED "FAIR HOUSING;" PROVIDING FOR A DECLARATION OF POLICY TO PROHIBIT DISCRIMINATION IN HOUSING ON THE BASIS OF RACE, COLOR, ANCESTRY, NATIONAL ORIGIN, RELIGION, SEX, MARITAL STATUS, FAMILIAL STATUS, HANDICAP OR AGE; PROVIDING DEFINITIONS; DESIGNATING AS UNLAWFUL CERTAIN DISCRIMINATORY PRACTICES IN THE SALE OR RENTAL OF HOUSING, AS WELL AS IN ADVERTISING IN CONNECTION THEREWITH, IN THE FINANCING OF HOUSING, AND IN BROKERAGE SERVICES RELATED TO EXCEPTIONS; PROVIDING FOR AN ADMINISTRATOR TO BE DESIGNATED BY THE CITY OF CAPE CANAVERAL AND PRESCRIBING THE GENERAL POWERS AND DUTIES OF SUCH ADMINISTRATOR, PRESCRIBING ACTION UPON A DETERMINATION OF PROBABLE CAUSE, AND AUTHORIZING THE PROMULGATION OF FORMS AND REGULATIONS; MAKING PROVISIONS FOR THE FILING OF COMPLAINTS AND RESPONSES THERETO, AND THE PROCESSING THEREOF BY THE ADMINISTRATOR; PROVIDING FOR ADDITIONAL REMEDIES; PROVIDING FOR PROHIBITING UNTRUTHFUL COMPLAINTS OR FALSE TESTIMONY; PROVIDING FOR PENALTIES FOR VIOLATION OF SUCH CODE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), ArticIe VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City desires to establish a Community Development Block Grant ("CDBG") Program, by which the City may apply for federal grant monies to carry out a wide range of community development activities directed toward revitalizing neighborhoods, economic development, and providing improved community facilities and services; and WHEREAS, the City is required to administer its CDBG Program in a manner to affirmatively further the policies of the Fair Housing Act, 42 U.S.C. §§ 3601 - 3620; and City of Cape Canaveral Ordinance No. 10-20I 1 Page t of 12 WHEREAS, the City desires to adopt these fair housing regulations as part of its City Code to affirmatively further the policies of the Fair Housing Act; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Adoption of Chapter 36, Fair Housing. The City Council of the City of Cape Canaveral hereby adopts the following as Chapter 36, Fair Housing, of the Cape Canaveral Code of Ordinances: CHAPTER 36. FAIR HOUSING ARTICLE I. IN GENERAL Sec. 36-1. Declaration of policy. It is the policy of the City of Cape Canaveral in keeping with the laws of the United States of America and the spirit of the Constitution of the State of Florida, to promote, through fair, orderly and lawful procedure, the opportunity for each person so desiring to obtain housing of such person's choice in this jurisdiction without regard to race, color, ancestry, national origin, religion, sex, marital status, familial status, handicap or age, and, to that end, to prohibit discrimination in housing by any person. Sec. 36-2. Definitions. As used in this chapter, the following words shall be defined as follows: Administrator: The administrator shall be the Cape Canaveral City Manager or his or her designee. Age: Unless the context clearly indicates otherwise, the work age as used herein shall refer exclusively to persons who are 18 years of age or older. Discriminatory housing practice: An act that is unlawful under section 36-21, herein. Family: One or more persons living together as a single housekeeping unit in a dwelling. City of Cape Canaveral Ordinance No. 10-2011 Page 2 of 12 Housing or housing accommodation: Any building, structure, or portion thereof, mobile home or trailer, or other facility which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof, mobile home or trailer or other facility. Lending institution: Any bank, insurance company, savings and loan association or any other person or organization regularly engaged in the business of lending money, guaranteeing loans, or sources of credit information, including, but not limited to credit bureaus. Owner: Any person, including, but not limited to a lessee, subleasee, assignee, manager, or agent, and also including the City and its departments or other subunits, having the right of ownership or possession or the authority to sell or lease any housing accommodation. Person: One or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mortgage companies, joint stock companies, trusts, unincorporated organizations, or public corporations, including, but not Iimited to the City or any department or subunit thereof. Real estate agent: Any real estate broker, any real estate salesperson, or any other person, employee, agent, or otherwise, engaged in the management or operation of any real property. Real estate broker or salesperson: A person, whether licensed or not, who, for or with the expectation of receiving a consideration, lists, sells, purchases, exchanges, rents, or leases real property, or who negotiates or attempts to negotiate any of these activities, or who holds himself or herself out as engaged in these activities, or who negotiates or attempts to negotiate a loan secured or to be secured by mortgage or other encumbrance upon real property, or who is engaged in the business of listing real property in a publication; or a person employed by or acting on behalf of any of these. Real estate transaction: Includes the sale, purchase, exchange, rental or lease ofreal property, and any contract pertaining thereto. Rent: Includes leases, sublease, assignment and/or rental, including any contract to do any of the foregoing, or otherwise granting for a consideration the right to occupy premises that are not owned by the occupant. Respondent: Any person against whom a complaint is filed pursuant to this chapter. Sale: Includes any contract to sell, exchange, or to convey, transfer or assign legal or equitable title to, or a beneficial interest in, real property. City of Cape Canaveral Ordinance No. 10-2011 Page 3 of 12 See. 36-3. Administrator authority & responsibilities. (a) General powers and duties. The administrator shall: (1) Receive written complaints as hereinafter provided in section 36-4, herein relative to alleged unlawful acts under this chapter when a complainant seeks the administrator's good offices to conciliate. (2) Upon receiving written complaint, make such investigations as the administrator deems appropriate to ascertain facts and issues. (3) Utilize methods of persuasion, conciliation, and meditation or information adjustment of grievances. (4) Establish, administer or review programs at the request of the City Council and make reports on such programs to the City Council. (5) Bring to the attention of the City Council items that may require City Council notice or action to resolve. (6) Render to the City Council annual written reports ofhis or her activities under the provisions of this chapter along with such comments and recommendations as he or she may choose to make. (7) Cooperate with and render technical assistance to federal, state, local and other public and private agencies, organizations and institutions which are formulating or carrying on programs to prevent or eliminate the unlawful discriminatory practices covered by the provisions of this chapter. (b) Determination of probable cause. If, after fully processing the complaint in the manner hereafter provided, the administrator determines that there is probable cause to believe that there has been a violation of the provisions of this chapter, the administrator shall refer the matter, along with the facts he or she has gathered in the investigations, to the proper county, state or federal authorities for appropriate legal action. (c) Promulgation offorms and regulations. The administrator shall promulgate, publish and distribute the necessary forms, rules and regulations to implement the provisions of this chapter. See. 36-4. Complaints. (a) A person who claims that another person has committed a discriminatory housing practice against him or her may report that offense to the administrator by filing an informal complaint within forty-five (45) days after the date of the alleged discriminatory housing City of Cape Canaveral Ordinance No. 10-2011 Page 4 of 12 practice and not later. (b) The administrator shall treat a complaint referred by the Secretary of Housing and Urban Development or the Attorney General of the United States under the Fair Housing Act of 1968, Public Law 90-284, as an informal complaint filed under subsection (a). ( c) An informal complaint must be in writing, verified or affirmed, on a form to be supplied by the administrator and shall contain the following: (1) Identity and address of the respondent. (2) Date of offense and date of filing the informal complaint. (3) General statement of facts of the offense including the basis of the discrimination (race, color, ancestry, national origin, religion, sex, marital status, familial status, handicap or age). (4) Name and signature of the complainant. (d) Each complaint shall be held in confidence by the administrator unless and until the complainant and the respondent(s) consent in writing that it shall be made public. (e) Within fifteen (15) days after the filing of the informal complaint, the administrator shall transmit a copy of the same to each respondent named therein by certified mail, return receipt requested. Thereupon, the respondent(s) may file a written, verified informal answer to the informal complaint within twenty (20) days of the date of the receipt of the informal complaint. (f) An informal complaint or answer may be amended at any time, and the administrator shall furnish a copy of each amended informal complaint or answer to the respondent(s) complaint, respectively, as promptly as practicable. (g) The administrator shall assist complainants or respondents when necessary in the preparation and filing of informal complaints or answers or any amendments thereto. (h) The administrator shall advise complainants of their rights and options provided in section 760.34, Florida Statutes. Sec. 36-5. Processing complaints. (a) Within thirty (30) days after the filing of an informal complaint, the administrator shall make such investigation as is deemed appropriate to ascertain facts and issues. If the administrator shall deem that there are reasonable grounds to believe that a violation has occurred and can be resolved by conciliation, the administrator shall attempt to conciliate the City of Cape Canaveral Ordinance No. 10-2011 Page 5 of 12 matter by methods of initial conference and persuasion with all interested parties and such representatives as the parties may choose to assist them. Conciliation conferences shall be informal and nothing said or done in the course of the informal conference with the individuals to resolve the dispute may be public or used as evidence in a subsequent proceeding by either party without the written consent of both the complainant and the respondent(s). The administrator or employee of the administrator who shall make public any information in violation of this provision shall be deemed guilty of a violation of a city ordinance and shall be subject to penalty as set forth in section 36-9 of this chapter. (b) If the parties desire to conciliate, the terms of the conciliation shall be reduced to writing in the form approved by the administrator and must be signed and verified by the complainant and respondent(s) and approved by the administrator. The conciliation agreement shall be for conciliation purposes only and shall not constitute an admission by any party that the law has been violated. ( c) If the administrator deems that there is not probable cause to believe that the alleged discriminatory housing practice has been committed, the administrator shall take no further action with respect to the alleged offense. (d) If the administrator, with respect to any matter involves a contravention of this chapter by failure to conciliate a complaint after the parties, in good faith, have attempted such conciliation; or determining that the violation alleged in the complaint cannot be resolved by conciliation, the administrator shall notify both the complainant and the respondent(s) within thirty (30) days of the failure or the determination, and then shall proceed as provided in section 36-3( c) herein. Sec. 36-6. Additional remedies. The procedure prescribed by this chapter does not constitute an administrative prerequisite to another action or remedy available under other law. Further, nothing in this chapter shall be deemed to modify, impair or otherwise affect any right or remedy conferred by the Constitution or laws of the United States or the State of Florida, and the provisions of this chapter shall be in addition to those provided by such other Iaws. Sec. 36-7. Education and public information. The administrator may conduct educational and public informational activities that are designed to promote the policy of this chapter. Sec. 36-8. Untruthful complaints or testimony. It shall be a violation of this chapter for any person knowingly and willfully to make false or untrue statements, accusations or allegations in a complaint filed hereunder or to give false testimony concerning violations of this chapter. City of Cape Canaveral Ordinance No. 10-2011 Page 6 of 12 Sec. 36-9. Penalty. This chapter, except for section 36-8, shall not be covered by the general penalty for violation of this Code. It is the intention that violations of this chapter shall be resolved by the procedures provided for within this chapter or by application of the Iaws and Constitution of the State of Florida and the United States. Secs. 36-10.— 36-20. Reserved. ARTICLE II. DISCRIMINATORY PRACTICES See. 36-21. Unlawful housing practices. (a) Sale or rental and advertising in connection therewith. Except as provided in section 36-22 herein, it shall be unlawful and a discriminatory housing practice for an owner, or any other person engaging in a real estate transaction, or for a real estate broker, as defined in this chapter, because ofrace, color, ancestry, national origin, religion, sex, marital status, familial status, handicap or age: (1) To refuse to engage in a real estate transaction with a person or to otherwise make unavailable or deny housing to any person. (2) To discriminate against a person in the terms, conditions or privileges of a real estate transaction or in the furnishing of facilities or services in connection therewith. (3) To refuse to receive or to fail to transmit a bona fide offer to engage in a real estate transaction from a person. (4) To refuse to negotiate for a real estate transaction with a person. (5) To represent to a person that housing is not available for inspection, sale, rental or lease when, in fact, it is so available, or to fail to bring a property listing to such person's attention, or to refuse to permit him or her to inspect the housing. (6) To steer any person away from or to any housing. (7) To make, print, publish, circulate, post or mail, or cause to be made, printed, published or circulated, any notice, statement, advertisement or sign, or to use a form of application or photograph for a real estate transaction or, except in connection with a written affirmative action plan, to make a record or oral or written inquiry in connection with a prospective real estate transaction, which indicates directly or indirectly an intent to make a limitation, specification, or discrimination with respect thereto. City of Cape Canaveral Ordinance No. 10-2011 Page 7 of 12 (8) To offer, solicit, accept, use or retain a listing of housing with the understanding that a person may be discriminated against in a real estate transaction or in the furnishing of facilities or services in connection therewith. (9) To induce or attempt to induce any person to transfer an interest in any housing by representations regarding the existing or potential proximity of housing owned, used or occupied by any person protected by the terms of this chapter. (10) To make any misrepresentations concerning the listing for sale or rental, or the anticipated listing for sale or rental, or the sale or rental of any housing in any area in the City of Cape Canaveral for the purpose of inducing or attempting to induce any such listing or any of the above transactions. (11) To retaliate or discriminate in any manner against any person because of his or her opposing a practice declared unlawful by this chapter, or because he or she has filed a complaint, testified, assisted or participated in any manner in any investigation, proceeding or conference under this chapter. (12) To aid, abet, incite, compel or coerce any person to engage in any of the practices prohibited by the provisions of this chapter, or to obstruct or prevent any person from complying with the provisions of this chapter, or any conciliation agreement entered into thereunder. (13) By canvassing to compel any unlawful practices prohibited by the provisions of this chapter. (14) Otherwise to deny to, or withhold, any housing accommodations from a person. (15) To promote, induce, influence or attempt to promote, induce or influence by the use of postal cards, letters, circulars, telephone, visitation or any other means, directly or indirectly, a property owner, occupant, or tenant to list for sale, sell, remove from, lease, assign, transfer, or otherwise dispose of any housing by referring as a part of a process or pattern of indicating neighborhood unrest, community tension, or fear of racial, color, religious, nationality or ethnic change in any street, block, neighborhood or anyother area, to the race, color, religion, neighbors, tenants or other prospective buyers of any housing. (16) To place a sign or display any other devise either purporting to offer for sale, lease, assignment, transfer or other disposition or tending to lead to the belief that a bona fide offer is being made to sell, lease, assign, transfer or otherwise dispose of any housing that is not in fact available or offered for sale, lease, assignment, transfer or other disposition. City of Cape Canaveral Ordinance No. 10-2011 Page 8 of 12 (b) Financing. It shall be unlawful and a discriminatory housing practice for any lending institution, to deny a loan or other financial assistance to a person applying therefore for the purpose of purchasing, constructing, improving, repairing or maintaining housing, or to discriminate against such person in the fixing of the amount, interest rate, duration, or other terms or conditions of such loan or other financial assistance, because of the race, color, ancestry, national origin, religion, sex, marital status, familial status, handicap or age of such person or of any person associated with such person in connection with such loan or other assistance, or of the present or prospective owners, lessees, tenants or occupants of the housing in relation to which such loan or other financial assistance is to be made or given; provided that nothing contained in this subsection shall impair the scope or effectiveness of the exceptions contained in section 36-22 of this chapter. ( c) Brokerage Services. It shall be unlawful and a discriminatory housing practice to deny any person access to or membership or participation in any multiple listing service, real estate brokers organization or other service, organization, or facility related to the business of selling, or renting housing, or to discriminate against such person in the terms or conditions of such access, membership or participation because of race, color, ancestry, national origin, religion, sex, marital status, familial status or age. Sec. 36-22. Exemptions and exceptions. (a) Nothing contained in section 36-21 herein shall prohibit a religious organization, association, or society, or any nonprofit charitable or educational institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, from limiting or from advertising the sale, rental or occupancy of housing which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons. Nor shall anything in this chapter prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes, provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such Iodgings to its members or from giving preference to its members. (b) Nothing in section 3 6-2 1 herein, other than subsection (a)(7) thereof, shall apply to: (1) Any single-family house sold or rented by an owner: provided, that such private individual owner does not own more than three such single family houses at any one time; provided, further, that in the case of the sale of any such single family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale within any twenty-four month period; provided, further, that it does not own any interest in, nor is there owned or reserved on such owner's behalf, under any express or voluntary agreement, title to or any rights to all or a portion of the proceeds from the sale or rental of, more than three such single-family houses at any one time; City of Cape Canaveral Ordinance No. 10-2011 Page 9 of 12 provided, further, that the owner sells or rents such housing (1) without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesperson, or of such facilities or services of any person in the business of selling or renting housing, or of any employee or agency of any such broker, agent, salesperson, or person and (2) without the publication, posting, or mailing, after notice, of any advertisement or written notice in violation of section 36-21(a)(7) herein, but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstracters, title companies, and other such professional assistance as necessary to perfect or transfer the title; or (2) Rooms or units in housing containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as such owner's residence, provided that the owner sells or rents such rooms or units (1) without the use in any manner of the sales or rental services of any real estate broker, agent or salesperson, or of such facilities or services of any person in the business of selling or renting housing, or of any employee or agency of any such broker, agent salesperson, or person and (2) without the publication, posting or mailing, after notice in violation of subsection (a)(7) of section 36-21 herein, but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstracters, title companies, and other such professional assistance as necessary to perfect or transfer the title. ( c) For the purpose of this subsection a person shall be deemed to be in the business of selling or renting housing if: (1) He or she has, within the preceding twelve months, participated as principal, other than in the sale of his or her own personal residence, in providing sales or rental facilities or sales or rental services in three or more transactions involving the sale or rental of any housing or any interest therein; or (2) He or she has, within the preceding 12 months, participated as agent, other than in the sale of his or her own personal residence, in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any housing or any interest therein; or (3) He or she is the owner of any housing designed or intended for occupancy by, or occupied by, five (5) or more families. (d) Nothing in Section 4 hereof shall be construed to: (1) Bar any person from restricting sales, rentals, leases or occupancy, or from giving preference, to persons of a given age for bona fide housing intended solely for the elderly or bona fide housing intended solely for minors. City of Cape Canaveral Ordinance No. 10-2011 Page 10 of 12 (2) Make it an unlawful act to require that a person have legal capacity to enter into a contract or lease. (3) Bar any person from advertising or from refusing to sell or rent any housing which is planned exclusively for, and occupied exclusively by, individuals of one sex, to any individual of the opposite sex. (4) Bar any person from selling, renting or advertising any housing which is planned exclusively for, and occupied exclusively by, unmarried individuals to unmarried individuals only. (5) Bar any person from advertising or from refusing to sell or rent any housing which is planned exclusively for married couples without children or from segregating families with children to special units of housing. (6) Bar any person from refusing a loan or other financial assistance to any person whose life expectancy, according to generally accepted mortality tables, is less than the term for which the Ioan is requested. Secs. 36-23. — 36-30. Reserved. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts ofprior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. [ADOPTION PAGE FOLLOWS] City of Cape Canaveral Ordinance No. 10-2011 Page 11 of 12 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of .2011. ATTEST: Rocky Randels, Mayor For Against Bob Hoog ANGELA APPERSON, City Clerk Jim Morgan Buzz Petsos Rocky Randels Betty Walsh First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only by: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 10-2011 Page 12 of 12 Idem 2 The draft minutes for the Regular City Council Meeting of August 16, 2011 will follow as soon as they are completed. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09/20/2011 Item No. Subject: Approve Resolution No. 2011-12; Reappointing Regular Members, Donald Dunn and Harry Pearson to the Planning and Zoning Board. Department: Legislative Summary: Mr. Dunn and Mr. Pearson currently serve on the Planning and Zoning Board with terms to expire September 15, 2011. The City Clerk's Office received notice of Mr. Dunn's and Mr. Pearson's desire to continue serving on the Board prompting this Resolution for City Council's approval for reappointment. Both of their terms will expire September 15, 2014. Submitting Department Director: Angela M. Apperson _ Date: 08/18/2011 Attachments: Resolution Expiration Letters Financial Impact: None Reviewed by City Treasurer: Andrea Bowers IV Date: The City Manager recommends that City Council take following action{ ): Approve Resolution No. 2011-12. Approved by City Manager: David L. Greene Date: 22 f City Council Action: [ ] Approved as Recommended ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain RESOLUTION NO. 2011-12 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING REGULAR MEMBERS TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Chapter 58-26 created a Board known as the Planning and Zoning Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to re -appoint Regular Members to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Donald Dunn and Harry Pearson are hereby re -appointed as Regular Members of the Planning and Zoning Board of the City of Cape Canaveral, Florida, with terms to expire on September 15, 2014. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 20th day of September, 2011. ATTEST: Rocky Randels, MAYOR Name For Against Angela M. Apperson, City Clerk Robert Hoog Jim Morgan Buzz Petsos Rocky Randels Betty Walsh Approved as to Form: Anthony A. Garganese, City Attorney Mr. Donald Dunn 8702 Hibiscus Ct. Cape Canaveral, FL 32920 Dear Mr. Dunn: City of Cape Canaveral Your term on the Planning and Zoning Board expires on September 15, 2011. Please check the box that indicates your desire to continue to serve on the Board for another 3 -year term and return this notice immediately to your Board secretary or the City Clerk's Office. The resolution to re -appoint you as a Board member is scheduled to appear on the/City Council Agenda of Tuesday, September 20, 2011. /DOwoish to be considered for reappointment. ❑ 1 DO NOT wish to be considered for reappointment. 1) "Y-Vlt� D-MAAi4 ignature) onald Dunn, Board Me Mber Sincerely, Ok-rl, )V"eoaz"-� Angela M. Apperson, MMC City Clerk AAlmg 105 Polk Avenue • Post Office Box 326 Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 Fax: (321) 868-1248 www.cityofcapecanaveral.org • email: info@cityofeapecanaveral.org City of Cape Canaveral August 10, 2011 Mr. Harry Pearson 8703 Camelia Ct. Cape Canaveral, FI_ 32920 Dear Mr. Pearson: Your term on the Planning and Zoning Board expires on September 15, 2011. Please check the box that indicates your desire to continue to serve on the Board for another 3 -year term and return this notice immediately to your Board secretary or the City Clerk's Office. The resolution to re -appoint you as a Board member is scheduled to appear on the City Council Agenda of Tuesday, September 20, 2011. 27 1 DO wish to be considered for reappointment. ❑ I DO NOT wish to be considered for reappointment. (Signature) Harry Pearson Board Member Sincerely, 1 Angela M. Apperson, MMC City Clerk AA/mg 105 Polk Avenue • Post Office Box 326 Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 Fax: (321) 868-1248 www.cityofcapecanaveral.org • email: info@cityofcapecanaveral.org City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09/20/2011 Item No. Subject: Approve Resolution No. 2011-17; Reappointing a Regular Member, John Bond to the Board of Adjustment. Department: Legislative Summary: Mr. Bond currently serves on the Board of Adjustment with a term to expire October 1, 2011. The City Clerk's Office received notice of Mr. Bond's desire to continue serving on the Board prompting this Resolution for City Council's approval for reappointment. His new term will expire October 1, 2014. Submitting Department Director: Angela M. Apperson Date: 0910812011 Attachments: Resolution Expiration Letter Financial Impact: None Reviewed by City Treasurer: Andrea Bowers Date: 9 $ 1 J The City Manager recommends that City Council tak following action(s): Approve Resolution No. 2011-17. Approved by City Manager: David L. Greene 6) Y Date: Ctlyza City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications ] Tabled to Time Certain RESOLUTION NO. 2011-17 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING A MEMBER TO THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Ordinance No. 2-83 (Zoning Code Section 110-26) provided for the creation of a Board of Adjustment of the City of Cape Canaveral, Florida; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to reappoint a Regular Member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. John Bond is hereby reappointed as a Regular Member of the Board of Adjustment of the City of Cape Canaveral, Florida, with a term to expire on October 1 2014. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida this 201" day of September, 2011. ATTEST: Rocky Randels, MAYOR Name For Against Angela M. Apperson, City Clerk Robert Hoog Jim Morgan Buzz Petsos Rocky Randels Betty Walsh Approved as to Form: Anthony A. Garganese, City Attorney John Bond 8931 Lake Drive, Unit #402 Cape Canaveral, FL 32920 Dear Mr. Bond: City of Cape Canaveral Your term on the Board of Adjustment will expire on October 1, 2011. Please check the box that indicates your desire to serve on the Board for another 3 -year term and return this notice immediately to your board secretary or the City Clerk using the enclosed envelope. The resolution to re -appoint you as a Board Member will be scheduled for a future regular City Council Meeting Agenda. AI DO wish to be considered for reappointment. ❑ i DO NOT wish to be considered for reappointment. (Signature) John gond, Chairperson Sincerely, Angela M. Apperson, MMC C[TY CLERK Enclosure: SASE 105 Polk Avenue • Post Office Box 326 Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 Fax: (321) 868-1248 www.cityofcapecanaveral.org • email: info@cityofcapecanaveral.org City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09120/2011 Item No. -,5- Subject: Approve Resolution No. 2011-24; Reappointing a Regular Member, Jean Deck to the Library Board. Department: Legislative Summary: Ms. Deck currently serves on the Library Board with a term to expire October 1, 2011. The City Clerk's Office received notice of Ms. Deck's desire to continue serving on the Board prompting this Resolution for City Council's approval for reappointment. Her new term will expire October 1, 2014. SubmittkM Department Director: Angela M. Apperson Date: 09/13/2011 Attachments: Resolution Expiration Letter Financial Impact: None Reviewed by City Treasurer: Andrea Bowers Date: q11311( The City Manager recommends that City Council take a following actions): Approve Resolution No. 2011-24. Approved b City Manager: David L. Greene Date: c? 1131 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain RESOLUTION NO. 2011-24 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING A REGULAR MEMBER TO THE LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Chapter 46-26 created a Board known as the Library Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to reappoint a Regular Member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Jean Deck is hereby reappointed as a Regular Member of the Library Board of the City of Cape Canaveral, Florida, with a term to expire on October 1, 2014. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 20th day of October, 2011. ATTEST: Rocky Randels, Mayor Name For Against Angela M. Apperson, City Clerk Robert Hoog Jim Morgan Buzz Petsos Rocky Randels Betty Walsh Approved as to Form: Anthony A. Garganese, City Attorney Jean Deck 8494 Ridgewood Ave., #4205 Cape Canaveral, FL 32920 Dear Ms. Deck: City of Cape Canaveral Your term on the Library Board will expire on October 1, 2011. Please check the box that indicates your desire to serve on the Board for another 3 -year term and return this notice immediately to your hoard secretary or the City Clerk using the enclosed envelope. The resolution to re -appoint you as a Board Member will be scheduled for a future City Council Meeting Agenda. XI DO wish to be considered for reappointment. ❑ I DO NOT wish to be considered for reappointment. �f __— (Signature) i6;50� n Deck, Secretary Sincerely, ,,./, ?U1 Angela M. Apperson, MMC CITY CLERK Enclosure: SASE 105 Polk Avenue • Post Office Box 326 Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 Fax: (321) 868-1248 www.cityofcapecanaveral.org • email: info@cityofcapecanaveral.org City of Cape Canaveral City Council Agenda Form City Council Meeting Date: '1 091201201 Item No. Subject: Approve Resolution No. 2011.14; Authorizing an Addendum to the Contract for Fire Protection and Emergency Medical Services between the City and the Cape Canaveral Volunteer Fire Department, Inc. Department: Leqislative Summary: The City and the Cape Canaveral Volunteer Fire Department, Inc. (CCVFD) entered into a Contract on September 25, 2007 for CCVFD to provide Fire Protection and Emergency Medical Services to the City. The City Council annually considerslapproves a resolution authorizing an Addendum to the original Contract which has a 10 year term that extends through September 30, 2017. Under the Addendum put forth, the parties agree as follows: 1. The City and CCVFD entered into a Contract for services dated September 25, 2007 which is for a 10 year term. 2. The Contract requires the City and CCVFD to re -negotiate the base Contract price each year after the first year. 3. The parties have agreed to a revised base annual Contract price for the 2011112 year of $1,337,553, payable $111,462.75 monthly. The total cost for services from CCVFD for the fiscal year, including Capital, is $1,613,953. The total budget for the fiscal year is $1,664,338, which includes fire hydrant fees, postage and plan review fees. 4. Paragraph 21 of the original Contract is amended and is subject to the City Charter, applicable provisions of the City Code and any amendments to Article IV, Section 4.05 or any other provision of the City Charter related to fire protection and emergency medical services, which are approved by a majority of the qualified electors of the City at a duly held referendum. If the qualified electors, by referendum election, choose to eliminate the City Charter provision which requires the City to contract with the Corporation (CCVFD), or if Article IV, Section 4.05 is declared invalid by court action, the City has the right to terminate the Agreement with 30 days written notice. If the City elects to do so, the City and Corporation (CCVFD) have no further liability or obligation under the Agreement. Should the City elect to create its own fire department upon termination of this Agreement, it will give preference to hiring of the paid employees of CCVFD with the exception of the Fire Chief, provided the employees can satisfy the City's minimum hiring standards in place at the time of hiring. The preference will expire six months from the date that the City creates its own fire department. 5. Except as modified by this Addendum, the Contract shall remain in effect. Submitting Department Director: Angela M. Apperson JV Date: 09/07/2011 Attachments: Resolution No. 2011-14, Addendum, Contract for Services, and Fire/Rescue Services (Budget Detail) City Council Meeting Date: 09/20/2011 Item No. Page 2 Financial Impact: As put forth in the City's 2011-2012 Annual Budget and reflected in the 2011-2012 Contract Addendum, the City agrees to pay Cape Canaveral Volunteer Fire Department, Inc. the base annual Contract price of $1,A7,,553, Reviewed by City Treasurer: Andrea Bowers The City Manager recommends that City Council to Approve Resolution No. 2011-14. _Approved by City Manager: David L. Greene 0 1>-�L City Council Action: [ ] Approved as Recommended [ ] Approved with Modifications [ ] Tabled to Time Certain or Date: 9171 1( following action(s): Date: 1/'7/)% [ ] Disapproved RESOLUTION NO. 2011-14 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING AN ADDENDUM TO THE CONTRACT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC.; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral and the Cape Canaveral Volunteer Fire Department, Inc. have entered into that certain Contract for Services dated September 25, 2007; and WHEREAS, said Contract contains a ten (10) year term commencing on October 1, 2007, and provides that the City and the Cape Canaveral Volunteer Fire Department, Inc. shall renegotiate the base contract price for each contract year after the first contract year. NOW, THEREFORE, be it resolved by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: SECTION 1. The Mayor and City Clerk are authorized to execute an Agreement to Contract for Services between the City of Cape Canaveral and the Cape Canaveral Volunteer Fire Department, Inc. to provide for a base contract price for the contract year October 1, 2011 through September 30, 2012. A copy of said Agreement is attached hereto and made a part hereof by this reference as if fully set forth. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 20th day of September, 2011. ATTEST: Rocky Randels, Mayor Name For Against Angela M. Apperson, City Clerk Robert Hoog Jim Morgan Buzz Petsos Rocky Randels Betty Walsh Approved as to Form: Anthony A. Garganese, City Attorney ADDENDUM THIS ADDENDUM is entered into this 20th day of September, 2011 by and between THE CITY OF CAPE CANAVERAL, FLORIDA, hereinafter called the "City", and the CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., a non-profit Florida corporation, hereinafter called the "Corporation." WITNESSETH WHEREAS, the City and the Corporation have entered into that certain Contract for Services dated September 25, 2007 ("Contract"), which Contract is for a term of ten (10) years; and WHEREAS, said Contract requires the City and the Corporation to re -negotiate the base contract price for each year of the Contract after the first year; and WHEREAS, the parties have agreed to a revised Contract price for the period October 1, 2011 through September 30, 2012. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: 1. Recitals. The parties agree that the above recitals are true and correct and incorporated into the body of this Agreement by this reference. 2. Price Revision. Paragraph 12 of the Contract is amended to read as follows: "The City agrees that in return for services specified herein, it will pay the Corporation the base annual contract price of $1,337,553. The compensation provided for herein shall be paid monthly in the sum of Cape Canaveral Volunteer Fire Department Addendum to Contract 2011/2012 Page 2 $111,462.72 per month commencing on the first day of October, 2011 and continuing on the first day of each month thereafter. The parties shall renegotiate the base contract price for each successive year of this contract annually. 3. Charter. Paragraph 21 of the Contract is amended to read as follows: "This agreement is subject to Article 1V, section 4.05 of the City Charter and applicable provisions of the City Code. Corporation agrees to fully comply with the City Code and any amendments to Article IV, section 4.05 of the City Charter, or any other provision of the City Charter related to fire protection and emergency medical services, which are approved by a majority of the qualified electors of the City at a duly held referendum. If the qualified electors of the City, by referendum election, choose to eliminate the City Charter provision which requires the City to contract with the Corporation, or Article IV, section 4.05 is declared invalid by a court of law, the City shall have the right to terminate this Agreement with thirty (30) days written notice to the Corporation. If the City elects to terminate this Agreement, the City and Corporation shall have no further liability or obligation under this Agreement. In addition, should the City elect to create its own fire department upon termination of this Agreement, the City will give preference to the hiring of the paid employees of the Corporation, with the exception of the Fire Chief, provided said employees can satisfy the minimum hiring standards of the City that are in place at the time of Cape Canaveral Volunteer Fire Department Addendum to Contract 2011/2012 Page 3 hiring. Said preference will expire six months from the date that the City creates its own fire department. 4. Continuing Effect. Except as modified by this Addendum, the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned CITY OF CAPE CANVERAL, by its duly authorized officer, has executed this instrument this day of , 2011. CITY OF CAPE CANAVERAL, FLORIDA A municipal corporation Rocky Randels, MAYOR ATTEST: Angela M. Apperson CITY CLERK (Corporate Seal) Cape Canaveral Volunteer Fire Department Addendum to Contract 2011/2012 Page 4 IN WITNESS WHEREOF, the undersigned CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., a non-profit corporation, by its authorized officers, has executed this instrument this day of , 2011. CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., a non-profit Corporation in ATTEST: Secretary (Corporate Sea[) Dave Sargeant, Fire Chief CONTRACT FOR SERVICE h THIS AGREEMENT entered into this day of September, 20,0-11 by and between the CITY OF CAPE CANAVERAL, Florida, (hereinafter called the City), and the CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., a non-profit Florida corporation, (hereinafter called the Corporation). WITNESSETH: WHEREAS, the City of Cape Canaveral holds a responsibility to its citizens to provide adequate fire protection and emergency medical services; and WHEREAS, the electors of the Cityof Cape Canaveral bymajorityvote have directed the Mayor and City Council to utilize the Cape Canaveral Volunteer Fire Department, Inc. to provide fire protection services; NOW, THEREFORE, in consideration of the agreement hereinafter set forth and in further consideration of the payments hereinafter set forth, the parties hereto agree as follows: 1. The Corporation agrees to provide emergency fire protection and emergencymedical services within the City of Cape Canaveral, Florida. 2. The Corporation agrees to complywith anymutual aid pact or similar agreement entered into bythe City providing for emergency fire protection services outside of the municipal boundaries of the City. 3. The Corporation agrees to respond to anyother emergencysituation when ordered to do so bythe City Manager of Cape Canaveral, or his duly appointed designee. 4. The Corporation agrees to complywith all orders of the Fire Chief of the Cityof Cape Canaveral relating to the providing of the services referred to herein. 5. The Corporation agrees to require its members to attend training sessions in order to achieve and maintain the degree of proficiency required bythe State of Florida for firefighters. The Corporation also agrees to undergo additional training as maybe required bythe Cityat reasonable times and upon reasonable notice; special training shall be administrated bya State Certified Fire Service Instructor. This expense will be in addition to the amount determined in Paragraph 12 of this Contract, providing the City approves the special training request in advance.. 6. The Corporation agrees to establish Rules and Regulations for personnel and equipment. These Rules and Regulations are to be in conformance with the intent of providing safe, competent, courteous, and reliable fire protection service to the City. A copy of these rules and regulations are available for review by the City during normal working hours. 7. The Corporation agrees to maintain attendance and training records and to allow the inspection or copying of such records by the City upon two working days notice to the Corporation. Page 1 of 5 S. The Corporation agrees to maintain at all times a minimum seven (7) firefighters per 24 hour shift. Trained firefighter shall mean possession of State Certification as Firefighters, or greater. The Corporation shall immediately notify the City Manager, in writing, should said 24 hour shift fall below seven (7). 9. The Corporation shall provide the Citywith the level of service and all support services incident thereto as follows: (a) At all times there shall be seven (7) trained firefighters on duty to respond to calls. (b) The Corporation agrees to provide Advanced Life Support Services. The Corporation shall have one a minimum of two (2) Paramedics, and two (2) Emergency Medical Technicians on duty at all times. These personnel can also be the personnel required in paragraph 9(a). (c) The Fire Chief of CCVFD shall perform the duties as the City's Fire Chief for all prevention, fire, and emergency medical services activity. (d) The Corporation shall provide the services of a Fire SafetyInspector. The Fire Safetylnspectorshall perform those services on behalf of the City as are set forth in Florida State Statute 633, and the City Code of Ordinances. 10. The City shall provide fire fighting equipment to the Corporation which shall be used within the corporate limits of Cape Canaveral or in such other geographical area as determined bythe senior officer on duty. The Corporation shall have the authority over the day to day use of said equipment in carrying out its duties under this Agreement. Routine maintenance of said equipment shall be the responsibility of the Corporation. Major repairs, defined herein as any repair exceeding five hundred dollars ($500.00) per occurrence, shall be the responsibility of the City. 11. All personnel used by the Corporation in the perforrnance of this Agreement shall be members or employees of the Cape Canaveral Volunteer Fire Department, Inc. 12. The Corporation agrees to obtain Public Liability, Casualty and ProperryDamage Insurance, insuring the Corporation and the City against any and all claims, demands, and causes of action for bodily injury or property damage relating to the performance of any duty or obligation herein set forth, including acts or omissions of the Corporation's Paramedic and EmergencyMedical Technician personnel. The limits of said policies shall be in the amount of $1,000,000.00. The Corporation also agrees to provide Worker's Compensation coverage for the firefighters so long as they are acting within the scope of their duties; and fire, storm, and property damage insurance on the Fire Stations. The Corporation agrees to maintain the insurances required bylaw on its Defined Benefit Retirement Plan. The City shall pay the Corporation, in addition to the other sums payable under this contract, one-half (1/2) of the cost to the Corporation of the above described insurance. The Corporation will provide the Citywith copies of the certificates of insurance indicating that the City is an additional insured there Page 2 of 5 under. 13. The City agrees that in return for services specified herein, it will pay the Corporation the base annual contract price of $1,200,720. The compensation provided forherein shall be paid monthlyin the sum of $100,060 per month commencing on the first day of October, 2007, and continuing on the fust day of each month thereafter. The base contract price for each successive year of this Contract shall be renegotiated by the parties annually. The City -further agrees that in the event of a catastrophic event, additional funding shall be provided by the City for vehicles, equipment, personnel, and supplies, less any disaster relief funding provided by another agency. 14. The City agrees to make an annual payment of one half (1/2) of the total cost to the Corporation for the Volunteer Length of Service Award Program 15. The terms of this Agreement shall be for a period of ten (10) years, commencing on the first day of October 2007, and ending on the thirtieth day of September, 2017. 16. This Agreement may be terminated, or any terms thereof modified, altered, or amended at any time by mutual agreement of the parties hereto. 17. In the event either party defaults in the performance of any obligations under this Contract, and said default continues for a period of thirty (30) days after written notice of such default, this Contract maybe canceled at the option of the other party. No delayin enforcing any right hereunder shall be deemed a waiver of any -rights the non -defaulting party may have in these premises. 18. To the extent permitted bylaw and subject to the limitation set forth in Paragraph 22 of this Agreement, the City and the Corporation each indemnifyand will hold the other whole and harmless from anyand all manner of action and actions, cause and causes of action, suits, trespasses, judgments, executions, claims and demands, losses and damages, and costs and expenses of any kind whatsoever, including reasonable attorney's fees and court costs which may be claimed by any third party to .have resulted from or arise out of the intentional or negligent acts of the employees, officers, or agents of the other, whether occurring before or after the City and Corporation assumed the obligations of this agreement. 19. During the duration of this agreement, all disputes or disagreements between the parties relative to either party's performance under the terms of this agreement, will be presented specifically, in writing, by the party claiming the dispute. Thereafter, the responding partywill answer specificallyin writing within thirty (30) days to the claimant. Within fifteen (15) days thereafter, the parties will be at a mutually -agreeable time and place to either settle the dispute, or mutually agree to the facts and issues. Thereupon, if not settled, each party shall submit the issues to binding arbitration. The parties will choose a retired circuit judge as arbitrator. If the parties cannot agree on an arbitrator, then an arbitrator will be selected by the Court pursuant to Florida State Statute 682. 20. Notice or other writing required or permitted under this Agreement shall be given to the Corporation, Page 3 of 5 attention Fire Chief and/or President at 190 Jackson Avenue, Cape Canaveral, Florida, 32920; and to the City, attention CityM[anager at 105 Polk Avenue, Post Office Box 326, Cape Canaveral, Florida, 32920. 21. This Agreement is subject to Article IV, section 4 of the City Charter and applicable provisions of the CityCode. Corporation agrees to fullycomplywith the CityCode and anyamendments to Article IV, section 4 of the City Charter, or any other provision of the City Charter related to fire protection and emergency medical services, which are approved by majority of the qualified electors of the City at a dulyheld referendum. If the qualified electors of the City, by referendum election, choose to eliminate the City Charter provision which requires the City to contract with the Corporation, or Article IV, section 4, is declared invalid by court of law, the City shall have the right to terminate this Agreement with thirty (30) days written notice to the Corporation. If the City elects to terminate this Agreement, the Cityand Corporation shall have no further liability or obligation under this Agreement. In addition, should the City elect to create its own fire department upon termination of this Agreement, the City will give preference to the hiring of the paid employees of the Corporation, with the exception of the Fire Chief, provided said employees can satisfy the minimum hiring standards of the Citythat are in place at the time of hiring. Said preference will expire six months from the date that the City creates its own fire department. 22. Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign imrnunityunder section 768.28, Florida Statutes, or other limitations imposed on the Cit/s potential liabilityunder state or federal law. As such, the Cityshall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). This paragraph shall survive termination of this Agreement. Page 4 of 5 IN WITNESS WHEREOF, the undersigned QTY OF CAPE CANAVERAL, FLORIDA, by its duly authorized officers, has executed this instnunent this Z�w day of September 2014 - CITY OF CAPE CANAVERAL, FLORIDA A municipal corporation By. �© Rocky Randels,Iyor - ATTEST.- Susan TTEST: Susan Stills, City Clerk (CORPORATE SEAL) IN -WETNESS WHEREOF, the undersigned CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC, a non-profit corporation, by its authorized officers, has executed this instrument this — day of September 20_. Al EST- 7< Brian Teek, Secretary (CORPORATE SEAL) CAPE CANAVERAL VOLUNTEER. FIRE DEPAI By: Page 5 of 5 Fire/Rescue Services The City of Cape Canaveral contracts with the Cape Canaveral Volunteer Fire Department for fire and emergency services. Cape Canaveral Volunteer Fire Department, Inc., DBA Canaveral Fire Rescue (CFR), is made up of both career and volunteer personnel. Current staffing is 32 career personnel and 19 volunteers. Each 24 hour shift has 9 personnel assigned to it. CFR operates out of two stations, one in the City and one in the Port. CFR provides firefighting, Haz Mat and Advanced Life Support First Response to the City, Port and Avon by the Sea. CFR also provides Auto -Aid to the City of Cocoa Beach and Mutual Aid to all other Brevard County Fire Departments. CFR is also responsible for enforcing the State mandated Fire Codes. GFR provides all necessary administrative functions for its personnel, including but not limited to payroll, insurances, accounts payable/receivable, etc. CFR services the Port which includes a Marine Division, Lifeguards and Operation of a State Approved Training Center, which are solely funded by the Canaveral Part Authority. Capital Outlay Detail Detail on Pg: 105 Medical Equipment 112 S 20,000 106 I12 Mini Pumper replacement 125,000 107 Fire fighting equipment (hoses, nozzles replacement, etc.). 20,000 $ 165,000 43 Budget Detail Fire/Rescue Services Capital Outlay 641000 Fire Fighting )Equipment 642000 Capital -Reserves Total Capital Outlay Total Fire/Rescue Services 20,187 5,230 280,500 280,500 364,392 300,698 150,000 150,000 384,579 305,928 430,500 430,500 165,000 -41% -100% 165,000 -62% 1,821,168 1,708,563 1,891,107 1,891,107 1,664,338 -12°/0 44 2008109 2009110 2010111 2010111 2011/12 Actual Actual Original Current Proposed Personal Services 240000 Worker Compensation 24,728 20,767 30,000 30,000 27,000 -10% Total Personal Services 24,718 20,767 30,000 30,000 27,000 -10% Operating 340000 Contract Services -CCVFD 1,274,228 1,266,798 1,298,595 1,298,595 1,337,553 3% 341101 I,OSAP Retirement program 51895 1,340 7,500 7,500 7,500 0% 341500 Fire Engineering Fees 345 200 2,600 2,600 2,000 -23% 420000 Postage 326 709 500 500 - -100% 441000 Fire Hydrant Rent 46,435 46,976 55,812 55,812 48,385 -13% 450000 General Insurance 32,592 30,419 39,600 39,600 36,900 -7% 462000 Equipment Maintenance 52,040 27,874 26,000 26,000 40,000 54% 525000 Fire Fighting ToolsfEquipment - 7,553 - - - 0% Total Operating 1,411,861 1,381,868 1,430,607 1,430,607 1,472,338 3% Capital Outlay 641000 Fire Fighting )Equipment 642000 Capital -Reserves Total Capital Outlay Total Fire/Rescue Services 20,187 5,230 280,500 280,500 364,392 300,698 150,000 150,000 384,579 305,928 430,500 430,500 165,000 -41% -100% 165,000 -62% 1,821,168 1,708,563 1,891,107 1,891,107 1,664,338 -12°/0 44 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09/20/2011 Item No. 7 Subject: Approve Resolution No. 2011-15; Authorizing an Agreement for Municipal Law Enforcement Services between the City Of Cape Canaveral, Florida and J.R. "Jack" Parker, as Sheriff of Brevard County; providing for an effective date. Department: Legislative Summary: The City of Cape Canaveral and J.R. "Jack" Parker, in his capacity as the Sheriff of Brevard County, Florida, hereinafter referred to as "Sheriff' or "BCSO", entered into an Agreement for BCSO to provide Municipal Law Enforcement Services. The Agreement will expire on September 30, 2011. This Resolution adopts an Agreement from October 1, 2011 through September 30, 2013. A Summary of the contract provision follows: Article 1 supplies Definitions for the Agreement. Article 2 outlines the Level of Law Enforcement Service, which is 24-hour law enforcement service with a minimum of two deputies on patrol. It also outlines the staffing levels for the Agreement, which have minimal changes from the last Agreement. Article 3 outlines the Ancillary Services available such as, but not limited to, county -wide Selective Enforcement Unit; Aviation Unit; Prisoner and Detention Center Services; Homicide/Major Crimes Unit; K-9 Services; Crime Scene Unit; Watercraft/Boats and Dive Team. Article 4 indicates Capital Equipment purchases are to be made by the Sheriff, rather than the City as in past years. The vehicles previously purchased by the City will be returned to the City when they are replaced or the Agreement is terminated. The City also agrees to provide facilities for use by BCSO. Article 5 indicates all persons employed to perform the services, functions and responsibilities of the Agreement are to be employees of BCSO and the City is not liable for payment of salaries, wages, contributions to pension funds, insurance, workers' compensation fund, etc. Article 6 outlines the Sheriff is to have full and complete responsibility for the control of the standards of performance, discipline of personnel and other matters related to the services, duties and responsibilities of the Agreement. The City Manager is given certain rights to request transfer of personnel who, by mutual agreement, fail to perform in a manner consistent with standards of the Agreement. Article 7 sets the compensation the City will pay BCSO for FY 11/12 at $2,457,778. This represents the total Contract price of $2,577,778 minus $120,000 credit for services provided to Avon -by -the Sea. Monthly payments of $204,815 will be made to BCSO. This section will be negotiated annually through the budgetary process. Article 8 requires patrol units to be prominently marked with the name "Cape Canaveral". Article 9 covers natural disasters, emergency operations and funding for same. Article 10 indicates responsibility for application, administration and disposition of grants are that of the City. Article 11 sets forth insurance requirements and responsibilities for both parties. City Council Meeting Date: 09/20/2011 Item # continued Page 2 of 2 Article 12 outlines the distribution of Forfeiture Funds collected from operations originating by personnel assigned to the Precinct or when personnel assigned to the Precinct participate in operations outside of the City. Article 13 sets forth how Police Education Income Funds will be distributed for continuing professional education of personnel assigned to the Precinct. Articles 14 through 21 covers standard Contract provisions including, but not limited to, Hold Harmless Clause; Disputes and Disagreements; Notice; Terms, Modification and Termination. Submitting Department Director: Angela M. Apperson Date: 09/07/2011 Attachments: Resolution, Contract, Budget Detail and email regarding adjustments. Financial Impact: As amended in the City's 2011-2012 Proposed Annual Budget and reflected in the 2011-2012 Contract Addendum, the compensation to be paid by the City to BCSO shall be $2,577,778 less $120,000 credit for Avon -By -The -Sea for a net payment for FY 2011-2012 of $2,457,778. Reviewed by City Treasurer: Andrea Bowers Date: q hy, The City Manager recommends that City Council ake the following action(s): Approve Resolution No. 2011-15. Approved by City Manager: David L. Greene Date: 7/13 li City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain RESOLUTION NO. 2011-15 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING AN AGREEMENT FOR MUNICIPAL LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND J.R. "JACK" PARKER, AS SHERIFF OF BREVARD COUNTY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral desires to have the Sheriff provide Municipal Law Enforcement Services; and WHEREAS, said Contract contains a two (2) year term commencing on October 1, 2011 and ending September 30, 2013, and provides the City and the Sheriff shall renegotiate the contract price each year for the term of the contract. NOW, THEREFORE, be it resolved by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: SECTION 1. The Mayor and City Clerk are authorized to execute an agreement for Municipal Law Enforcement Services between the City of Cape Canaveral and the Sheriff to provide services for the contract year October 1, 2011 through September 30, 2013. A copy of said agreement is attached hereto and made a part hereof by this reference as if fully set forth. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTION PAGE FOLLOWS: City of Cape Canaveral, Florida Resolution No. 2011-15 Page 2 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 20th day of September, 2011. Rocky Randels, Mayor ATTEST: Name For Against Angela M. Apperson, City Clerk Robert Hoog Jim Morgan Buzz Petsos Rocky Randeis Betty Walsh Approved as to Form: Anthony A. Garganese, City Attorney CAPE CANAVERAL LAW ENFORCEMENT CONTRACT FY 201.1/2012 - FY 2012/2013 This Agreement made and entered into this day of , 2011 by and between the City of Cape Canaveral, a municipality, chartered in the State of Florida, by and through its elected City Council, hereinafter referred to as the "CITY", and J.R. "Jack" Parker, in his capacity as the Sheriff of Brevard County, Florida, a county constitutional officer and a county charter officer, hereinafter referred to as the "SHERIFF" or "BCSO". TWTNESSETH WHEREAS, the CITY is located within Brevard County, Florida; and WHEREAS, the CITY is desirous to contract its law enforcement services to the SHERIFF; and WHEREAS, BCSO is authorized by law to exercise its authority throughout Brevard County, including within the City of Cape Canaveral. NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises set forth in this Agreement, the receipt and legal sufficiency of which are hereby acknowledged, the parties hereby agree as follows: ARTICLE I, DEFINITIONS: The following terms shall have the respective meanings hereinafter set forth for the purposes of this Agreement: 1. Administrative Assistant: A non -sworn exempt employee of the SHERIFF whose primary duties are of an administrative role and management of the administrative functions of the Commanding Officer. 2. Commanding Officer: The sworn law enforcement officer of executive rank employed by the SHERIFF and designated to administer the contractual services as provided by this Agreement. The Commanding Officer is responsible for the delivery of services, discipline of the City of Cape Canaveral Page 1 of 17 Law Enforcement Contract Fiscal Year 2011-2012 and 2012-2013 Monday - September 12, 2011 personnel under their command, and to act as liaison with the City Manager, Cape Canaveral. 3. Consideration Agreement: A legally binding written agreement executed by both the SHERIFF and the CITY as to the payment of consideration by the CITY to the SHERIFF for service to the CITY in a future fiscal year, i.e., a Consideration Agreement is valid only if it is approved, adopted and legally binding on all parties to the same prior to the beginning of the fiscal year covered by the Agreement. 4. Deputy or Deputy Sheriff: A sworn law enforcement officer employed by the SHERIFF. The primary duties of this position are responding to emergencies, crimes, public service, accident investigation and pro -active patrol of a designated geographical area. 5. Effective Date: October 1, 2011. 6. Fiscal Year: A period of time beginning on October 1St of the designated year and ending September 30th of the following year. 7. General Crimes Agent: A sworn law enforcement officer employed by the SHERIFF whose primary duties include investigation of felony crimes, such as Burglary, Grand Theft, Robbery, Aggravated Assault, Aggravated Battery, Forgery, Fraud and other crimes designated by the Commanding Officer, Canaveral Precinct. 8. K-9 Unit: A sworn law enforcement officer employed by the SHERIFF teamed with a trained K-9. Primary duties include routine active patrol, tracking and apprehension of suspects, search of buildings or grounds and detection of narcotics. City of Cape Canaveral Page 2 of 17 Law Enforcement Contract Fiscal Year 2011-2012 and 2012-2013 Monday - September 12, 2011 9. Lieutenant. A sworn law enforcement officer of managerial rank employed by the SHERIFF. This position is responsible for the administration of precinct operations, facilitation of continuing training of precinct personnel, coordination of emergency and tactical operations and may serve as acting commander in the absence of the Commanding Officer. 10. Office Assistant/Desk Clerk: A non -sworn employee of the SHERIFF, whose primary duties include routine office tasks, greeting the public in person and on the telephone, and initiating case reports. 11. Patrol: The actual patrolling of the jurisdictional area of the CITY by the SHERIFF through his deputies, and attending to an observed or reported incident or availability to provide law enforcement services. 12. Public Service Aide: A non -sworn employee of the SHERIFF whose primary duties are to augment road Deputies by handling non -emergency and non -in -progress calls. 13. School Resource Officer: a sworn law enforcement officer employed by the SHERIFF. This program is designed to foster the development of positive attitudes by the youth toward the law and law enforcement officers in the school environment. Duties include crime prevention, counseling and teaching gang resistance and substance abuse prevention. 14. Sergeant: A sworn law enforcement officer of supervisory rank, whose primary duties include the direct supervision of a shift of deputies or specialty unit, generally assigned to a particular shift. This position is also City of Cape Canaveral Page 3 of 17 Law Enforcement Contract Fiscal Year 2011-2012 and 2012-2013 Monday -September 12, 2011 responsible for the same duties as listed for a Deputy Sheriff in Paragraph 1.4 of this Agreement. 15. Service: Comprehensive professional law enforcement and protection on a twenty-four (24) hour per day basis, except hereinafter stated, including reactive patrol to enforce State Laws and, to the extent allowable by law, City Ordinances of the CITY; pro -active patrol to deter criminal activity; and traffic patrol to enforce traffic laws and prevent traffic accidents. 16. Shift: Service provided on an eight, ten or twelve hour basis (assigned at the discretion of the SHERIFF or designee) based on operational needs. 17. Special Investigations Agent: a sworn law enforcement officer whose primary duties are the investigation of crimes related to narcotics, controlled substances, prostitution and gambling. 18. Special Operations Officer: A sworn law enforcement officer whose primary duties consist of crime prevention, special community projects, directed patrol, supervision and administration of the Citizen Observer Program and problem solving within the community. 19. State of Emergency: The facts, events and circumstances which result in a declaration of disaster or other state of emergency by the Governor of the State of Florida or the United States government. 20. Traffic Enforcement Deputy: a sworn law enforcement officer employed by the SHERIFF. Primary duties consist of traffic enforcement, accident investigation, directed patrol and special community projects. City of Cape Canaveral Page 4 of 17 Law Enforcement Contract Fiscal Year 2011-2012 and 2012-2013 Monday -September 12, 2011 ARTICLE 11 LEVEL OF LAW ENFORCEMENT SERVICE: As a nationally accredited law enforcement organization, BCSO and the Canaveral Precinct being a part thereof will conduct law enforcement operations in accordance with accreditation standards as outlined in BCSO General Order 200.01. BCSO shall provide the CITY for the term hereinafter set forth, as the same may be extended in accordance with the provisions hereof, competent professional law enforcement service, within and throughout the jurisdictional area of the CITY. The SHERIFF shall at all times endeavor to provide the CITY with service similar to that which they would enjoy with a municipal police department, to the extent and in the manner hereinafter described: 1. Provide 24-hour law enforcement services to the CITY and enforce all laws for which BCSO has jurisdiction to enforce. 2. There shall be a minimum of two deputies on patrol within the jurisdictional boundaries of the CITY at all times in accordance with accepted law enforcement practices. During any exception to the foregoing because of illness, emergency, or any other reason, patrol services may be augmented by mutual aid service. Patrol shall be construed to mean, the actual patrolling of the jurisdictional area of the CITY, or attending to an observed or reported incident or availability to provide law enforcement services. Service shall include reactive patrol to enforce State laws and, to the extent allowable by law, City Ordinances of the CITY, proactive patrol to prevent and deter criminal activity and traffic patrol to enforce traffic laws and prevent traffic crashes. 3. A representative of BCSO shall be present at City Council meetings or other public meetings when so reasonably requested by the City Manager or his/her designee. City of Cape Canaveral Page 5 of 17 Law Enforcement Contract Fiscal Year 2011-2012 and 2012-2013 Monday -September 12, 2011 4. Commencing on the Effective Date, staffing provided by this Agreement will be as follows: 1 Commander (shared position with BCSO) 1 Lieutenant 6 Sergeants 15 Deputies 2 General Crimes Agents 1 School Resource Officer (SRO) at Cape View Elementary 1 Traffic Enforcement Deputy 1 Special Investigations Agent (shared position with BCSO) 1 Administrative Assistant 1 Public Service Aide 3 Office Assistants/Desk Officers 5. BCSO shall make all good faith efforts to provide full staffing for all contracted personnel listed within this contract on the Effective Date. 6. BCSO shall make all good faith efforts to promptly fill any personnel vacancy occurring throughout the duration of this contract. ARTICLE 111. ANCILLARY SERVICES In addition to those services and responsibilities hereinabove described, BCSO shall provide the CITY, with the following expertise, services and facilities as the same might be required from time to time on an availability/priority basis as determined by the SHERIFF. 1. Countywide Selective Enforcement Unit; 2. Aviation Unit; 3. Prisoner and Detention Center Services; 4. Homicide/Major Crimes Unit; 5. K-9 Services; City of Cape Canaveral Page 6 of 17 Law Enforcement Contract Fiscal Year 2011-2012 and 2012-2013 Monday -September 12, 2011 6. Crime Scene Unit; 7. Watercraft/Boats and BCSO Dive Team; 8. BCSO attendance of meetings of the CITY, when requested; 9. Any Other Unit or specialty service developed by BCSO during the term of this Agreement. ARTICLE IV. MAINTENANCE OF ABILITY All Capital Equipment purchased by the SHERIFF for use in the performance of this Agreement shall remain in the exclusive control of the SHERIFF. Ownership of such equipment shall remain with the SHERIFF at all times. Ownership of vehicles purchased prior to the execution of this Agreement shall remain with the CITY. Upon termination of this Agreement or the surplus of any vehicle purchased with CITY funds, the vehicle or proceeds from the surplus of a vehicle shall be returned to the CITY. Ownership of all other equipment, regardless of acquisition date for funding used to acquire it, shall remain with BCSO. The CITY shall provide facilities for use by SHERIFF in performing this Agreement. In the facilities provided by the CITY for use by the SHERIFF, the CITY hereby agrees to provide for all routine maintenance, repairs and replacement of existing facilities, and shall provide janitorial services and, pay all charges for utilities and other services required for the operation of the facilities. The facilities shall be used for the sole purpose of providing the services as defined in this Agreement. Any other use of these facilities shall be negotiated as to cost and extent. ARTICLE V. EMPLOYMENT RESPONSIBILITY All Deputy Sheriffs, supervisors and other persons employed by BCSO in the performance of the services, functions and responsibilities as described and contemplated herein for the CITY shall remain BCSO employees, and no one of such persons shall be considered in the employ of the CITY for the purpose of City of Cape Canaveral Page 7 of 17 Law Enforcement Contract Fiscal Year 2011-2012 and 2012-2013 Monday -September 12, 2011 pension, benefits, insurance benefits, civil service benefits, compensation or any status or right. Accordingly, the CITY shall not be called upon to assume any liability for or direct payment of any salaries, wages or other compensation, contributions to pension funds, insurance premiums, worker's compensation funds, vacation or compensatory time, sick leave benefits or any other amenities of employment to any BCSO personnel performing services, duties and responsibilities herein for the benefit of the CITY or any other liabilities whatsoever, unless specifically provided herein. Likewise, unless specifically provided to the contrary herein, the CITY shall not be liable for compensation, contribution or indemnity to BCSO or the employees thereof for any injury or illness, of any kind whatsoever, arising out of such employment and in the performance of the services, duties and responsibilities contemplated herein. ARTICLE VI. EMPLOYMENT: RIGHT OF CONTROL The SHERIFF shall have and maintain the responsibility for and the control of the rendition of the services, the standards of performance, the discipline of personnel and other matters incident to the performance of the services, duties and responsibilities described and contemplated herein. 1. The CITY, by its City Manager, shall have the right to request BCSO to transfer personnel who, by mutual agreement of the City Manager and the Sheriff, fails to perform in a manner consistent with standards contemplated herein. 2. The CITY agrees to cooperate with BCSO, its Deputy Sheriffs and other departmental personnel in all reasonable ways in order to effectively provide the service required herein. 3. The ultimate control and direction of the manner in which any BCSO employee shall carry out and perform his/her duties under this Agreement shall rest with the SHERIFF; provided, however, BCSO agrees that it will cooperate with the CITY so as to concentrate its efforts in particular areas City of Cape Canaveral Page 8 of 17 Law Enforcement Contract Fiscal Year 2011-2012 and 2012-2013 Monday - September 12, 2011 or incidents called to the attention of the Commanding Officer, Canaveral Precinct by the City Manager or his/her designee. ARTICLE VIL CONSIDERATION 1. The compensation to be paid by the CITY to BCSO for Fiscal Year 2011 — 2012 shall be the sum of Two Million Four Hundred Fifty -Seven Thousand, Seven Hundred Seventy Eight Dollars ($2,457,778), to be calculated as follows: Fee amount for services of $2,577,778 less credit for Avon -by -The -Sea of $120,000 for a total of $2,457,778. 2. Payments shall be made to BCSO by the CITY in twelve equal monthly installments of $204,814 payable on or before the first day of each month. 3. The Consideration Clause of this Agreement shall be negotiated annually through the budgetary process between the CITY and the SHERIFF. 4. Written agreement as to the compensation paid by the CITY to BCSO for each subsequent year shall be in force by October 151 of the affected year. Should a mutually agreeable fee not be reached by September 30, of the affected year, the fee will be equal to that of the previous year, plus 4% for operational increases. This amount may be adjusted by mutual agreement after the start of the fiscal year, after the CITY approves a budget. 5. Any request for modification of service levels contemplated within this Agreement shall be accomplished by written request to the SHERIFF, and if necessary, amendment to the fee then in effect. 6. Should the CITY desire that the SHERIFF provide services at a higher level than contemplated herein, the CITY, through its City Manager, may negotiate with the SHERIFF regarding modification of this Agreement and shall bring such modification to the City Council for their consideration and appropriate action. City of Cape Canaveral Page 9 of 17 Law Enforcement Contract Fiscal Year 2011-2012 and 2012-2013 Monday -September 12, 2011 7. Cost of Investigation funds received by BCSO shall be remitted to the CITY on a quarterly basis. ARTICLE VIII. SPECIAL EQUIPMENT: PROVISO BCSO shall provide, in furtherance of the fulfillment of the responsibilities imposed hereby and the intent contemplated herein, without additional costs therefore, additional marking with the name "Cape Canaveral', prominently displayed on Patrol Units. ARTICLE IX. NATURAL DISASTERS AND EMERGENCY OPERATIONS 1. Upon declaration of a federal disaster by the United States government or other state of emergency, declared by the Governor of the State of Florida, or by mutual agreement between the CITY and the SHERIFF, the CITY agrees to fund the additional personnel, overtime, capital and operational expenses, incurred by BCSO during the declaration period for the benefit of the CITY. 2. Any State or Federal aid sought in relief for such disasters or emergencies shall be the responsibility of the CITY. BCSO will provide documentation for all expenditures incurred pursuant to BCSO General Order 300.08. (a) When an emergency condition has been declared by the SHERIFF, and employees in all precincts/offices performing non- essential functions on a county -wide basis are granted paid administrative leave by the SHERIFF to return home, those employees of the SHERIFF required to work during the emergency conditions, in lieu of the paid administrative leave, shall receive compensatory time for all normally scheduled hours worked (hour for hour basis) in which non-essential employees of the SHERIFF are granted paid administrative leave and, in addition, shall be paid as follows: City of Cape Canaveral Page 10 of 17 Law Enforcement Contract Fiscal Year 2011-2012 and 2012-2013 Monday -September 12, 2011 (1) Employees of the SHERIFF shall be paid at time and one-half for all hours worked during the declared emergency conditions. (2) Upon approval from the SHERIFF, Commanders, Majors, Directors and Managers may receive compensatory time for hours worked outside their normal work hours during the declared emergency conditions. (3) Temporary employees of the SHERIFF shall not be eligible to receive paid administrative leave during a declared emergency. In the event a temporary employee is required to work during the declared emergency they shall be paid time and one-half for working the emergency event. (b) Employees of the SHERIFF who are required to work during the recovery effort period, as established by the SHERIFF shall be paid time and one half for all hours worked during the recovery effort period. (c) Employees of the SHERIFF who are on a pre -approved leave or regularly scheduled day off during the declared emergency period are not eligible for administrative leave. ARTICLE X. GRANTS The SHERIFF or his designee may inform the City Manager or his/her designee, of any grants brought to his/her attention that would be beneficial to law enforcement operations at Cape Canaveral. The CITY shall be responsible for the application, administration and disposition of any and all such grants. City of Cape Canaveral Page 11 of 17 Law Enforcement Contract Fiscal Year 2011-2012 and 2012-2013 Monday -September 12, 2011 ARTICLE XI. INSURANCE The SHERIFF agrees to provide law enforcement officers professional liability insurance coverage for bodily injury and property damage caused by an occurrence arising out of the scope and performance of the duties of said law enforcement officers and support personnel covered by this Agreement. The SHERIFF will provide automobile liability insurance for bodily injury and property damage for vehicles used by BCSO under the terms and conditions of this Agreement. 1. The SHERIFF may elect to join with a recognized self-insurance program with other law enforcement agencies to provide insurance coverage described above. Costs of such described insurance will be part of the funds provided by the CITY. 2. The CITY shall provide its own fire, storm, flood, property damage and public liability insurance for bodily injury, for the facilities furnished by the CITY to the SHERIFF and shall name the SHERIFF as an additional insured, at no cost to the SHERIFF. 3. The CITY assumes all risk of loss not covered by insurance. ARTICLE XII. FORFEITURE FUNDS 1. The SHERIFF agrees that within the provisions of the Florida Contraband Forfeiture Act (Sections 932.701 through 932.707, Florida Statutes), proceeds collected from operations originating by Deputy Sheriffs assigned to and within the jurisdictional area of the CITY pursuant to the Florida Contraband Forfeiture Act will be utilized to enhance law enforcement operations within the CITY. 2. Proceeds, including monies, collected by the SHERIFF in accordance with the provisions of Paragraph 12.1 of this Agreement shall be distributed as follows: (a) Proceeds of not more than $50,000 in value seized pursuant to BCSO law enforcement operations within the jurisdictional area of City of Cape Canaveral Page 12 of 17 Law Enforcement Contract Fiscal Year 2011-2012 and 2012-2013 Monday - September 12, 2011 the CITY, upon forfeiture, will be awarded to the CITY, less the attorney fees and other direct costs of the forfeiture proceeding. Such proceeds awarded to the CITY shall be utilized for law enforcement services, as specified by Florida Statute 932.7055, within the CITY. (b) Proceeds exceeding $50,000 in value seized pursuant to BCSO law enforcement operations within the jurisdictional area of the CITY shall be disbursed, less attorney fees and other direct costs of the forfeiture proceeding, as follows: (1) Upon forfeiture, the first $50,000 of proceeds as to value shall be awarded to the CITY; and, (2) Proceeds in excess of $50,000 of value shall be distributed pro rata in relationship to the percentage of the assigned Deputy Sheriffs from Canaveral Precinct to the number of Deputy Sheriffs funded by Brevard County who are assigned to the operation. Such proceeds awarded to the CITY shall be utilized for law enforcement services, as specified by Section 932.7055, Florida Statutes, within the CITY. (c) Proceeds exceeding $10,000 in value seized pursuant to BCSO law enforcement operations outside the jurisdictional area of the CITY with the participation of Deputy Sheriffs assigned to the CITY shall be distributed pro rata in relationship to the percentage of the assigned Deputy Sheriffs from Canaveral Precinct to the number of Deputy Sheriffs funded by Brevard County assigned to the operation. Such proceeds awarded to the CITY shall be utilized for law enforcement services, as specified by Section 932.7055, Florida Statutes, within the CITY. 3. If property other than cash or currency is seized in contraband forfeiture cases within the jurisdictional area of the CITY, the CITY shall advance all legal costs related to the forfeiture. Should the CITY refuse to advance such costs, the SHERIFF may elect to fund the legal costs of the City of Cape Canaveral Page 13 of 17 Law Enforcement Contract Fiscal Year 2011-2012 and 2012-2013 Monday - September 12, 2011 forfeiture proceeding whereupon the property or any proceeds from the sale of such property shall be the sole property of the SHERIFF. 4. The SHERIFF shall supply documentation of awarded and recovered investigative fees, on a monthly basis as provided by Clerk of the Court. Payments actually received by the SHERIFF will be made to the CITY by BCSO on a quarterly basis. 5. Proceeds collected on account of investigations initiated after termination of this Agreement, shall be the sole property of the SHERIFF. ARTICLE XIII. TRAINING The CITY upon request of the SHERIFF, shall disburse when available, Police Education Income Funds (Second Dollar) to the SHERIFF, for the continuing professional education of personnel assigned to Canaveral Precinct. ARTICLE XIV. HOLD HARMLESS CLAUSE The CITY and the SHERIFF each will be responsible for any and all manner of action and actions, cause and causes of action, suits, trespasses, judgments, executions, claims and demands and losses and damages, costs and expenses of any kind whatsoever, including attorney fees and court costs, which may be claimed by any third party to have resulted from or arise out of the intentional or negligent acts or omissions of its own employees, officers or agents of the other, whether occurring before or after the CITY and the SHERIFF assumed the obligations of this Agreement. Each party will be responsible for defending any actions, claims or suits arising from any act or omission of its own employees, officers or agents. ARTICLE XV. DISPUTES AND DISAGREEMENTS During the duration of this Agreement, all disputes and disagreements between the parties relative to either party's performance under the terms and conditions of this Agreement, will be presented specifically, in writing, by the party -claiming City of Cape Canaveral Page 14 of 17 Law Enforcement Contract Fiscal Year 2011-2012 and 2012-2013 Monday - September 12, 2011 dispute. Thereafter, the responding party will answer specifically in writing within thirty (30) days to the claimant. Within forty-five (45) days thereafter, the parties will meet at a mutually agreeable time and place to either settle the dispute, or mutually agree to the facts and issues. Thereupon, if not settled, each party shall submit the issues to binding arbitration pursuant to Chapter 682, Florida Statutes. ARTICLE XVI. NOTICE Notices, claims and any other matter requiring written communication to a party shall be given as follows: To The SHERIFF: Brevard County Sheriff's Office Attn: J. R. "Jack" Parker, Sheriff 700 Park Avenue Titusville, Florida 32780 To The CITY: City of Cape Canaveral Attn: City Manager 105 Polk Avenue Cape Canaveral, Florida 32920 ARTICLE XVII. TERM OF AGREEMENT This Agreement shall have an effective date of October 1, 2011, and shall remain in effect through September 30, 2013, with an option to renew annually thereafter, based upon mutual agreement between the CITY and the SHERIFF. ARTICLE XVIII. MODIFICATION: This Agreement shall not be modified except by a written Modification Agreement, signed and properly approved by both parties hereto. ARTICLE XIX. TERMINATION Either party may terminate this Agreement without cause or further liability to the other, upon written notice, to the other party. Written notice for the termination City of Cape Canaveral Page 15 of 17 Law Enforcement Contract Fiscal Year 2011-2012 and 2012-2013 Monday - September 12, 2011 of this Agreement shall be given not less than 180 days prior to the requested termination date. 1. Written notice shall be delivered by registered mail or certified mail, return receipt requested, and is deemed delivered through signed receipt. 2. Upon any such termination all further obligations shall cease, except payment for services rendered up to midnight of the effective date of termination. ARTICLE XX. LEGALITY OF AGREEMENT Any obligations of this Agreement that are hereafter determined by a court of competent jurisdiction to be illegal are void, and neither party will be obligated to further perform as to such obligations. If a nonmaterial portion of the total obligation of this contract is hereby severed, the balance of the lawful portions hereof will continue to be performed. ARTICLE XXI. TOTALITY OF AGREEMENT This Agreement supersedes any other agreement between the parties, oral or written, and contains the entire agreement between the City and Owner as to the subject matter hereof. THE NEXT PAGE IS PAGE 17, THE SIGNATURE PAGE. City of Cape Canaveral Page 16 of 17 Law Enforcement Contract Fiscal Year 2011-2012 and 2012-2013 Monday -September 12, 2011 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and the year first written above. ATTEST: SHERIFF OF BREVARD COUNTY, FLORIDA J. R. "Jack" Parker, Sheriff ATTEST: MAYOR OF THE CITY OF CAPE CANAVERAL, FLORIDA Rocky Randels, Mayor Approved as to form and content: Charles Ian Nash, General Counsel for Sheriff J.R. "Jack" Parker Date: City of Cape Canaveral Page 17 of 17 Law Enforcement Contract Fiscal Year 2011-2012 and 2012-2013 Monday - September 12, 2011 Police Services Brevard County Sheriff's Office Cape Canaveral Precinct is currently comprised of forty-two (42) sworn Law Enforcement personnel, five (5) full time civilian support staff and six (6) Citizen On Patrol (COP) volunteers, serving the City of Cape Canaveral and Canaveral Port Authority. As of October 1, 201I, BCSO will no longer provide Port Canaveral with full time law enforcement services. Staffing will be reduced to twenty-seven (27) sworn Deputy Sheriffs, five (5) civilians and six (6) Citizen On Patrol (COP) volunteers. Included in the twenty-seven (27) sworn Deputy Sheriffs the Brevard County Sheriffs Office Cape Canaveral Precinct provides one (1) School Resource Officer to Cape View Elementary and one (1) full-time traffic unit dedicated solely to the City. Cape Canaveral Precinct also provides Law Enforcement services to the citizens in Avon by the Sea. The MSTU amount of $120,000 is credited to the City for the services provided. Detail on Pg: Crossing Guards No Capital Budgeted Personal ;Services Capital Outlay Detail 41 9.18-14.24 Budget Detail Police Services Total Police Services 2,602,697 2,469,801 2,649,864 2,651,214 2,676,784 1.0% 42 2008/09 2009110 2010111 2010111 2011112 Actual Actual Original Current Proposed Personal Services 120000 Regular Salad es & Wages 16,040 15,887 17,382 17,382 15,790 -9% 140000 Overtime 165 - - 0% 210000 FICA Taxes 1,240 11215 1,330 1,330 1,208 -9% 240000 Worker Compensation 510 243 473 473 399 -16% Total Personal Services 17,955 17,345 I9,185 19,185 17,397 -9% Operating 340000 Contract Services -13CSO 2,398,966 2,350,769 2,495,740 2,495,740 4% 341000 Community Policing 13268 395 2,000 2,000 .400700/0 341100 School Resource Officer - 61780 38,345 38,345 38,180 0% 345000 Collection Surcharge 9,320 6,360 3,168 3,168 3,500 10% 345500 State Attorney Dispositions 140 700 1,000 1,000 500 -50% 400000 Travel & Per Diem 25 - - - _ 0% 410000 Communications Service 484 191 216 216 - -100% 430000 Utilities 13,707 11,639 14,110 14,110 9,324 -34% 450000 Generallnsurance 29,964 26,204 26,250 26,250 - -100% 520000 Operating Supplies 510 4,676 1,000 1,000 11000 0% 523000 Uniforms - 120 250 250 250 0% Total Operating 2,454,384 2,407,835 2,582,079 2,582,079 2,659,387 3% Capital Outlay 640000 Capital -Machinery and Equip. 88,118 44,622 48,600 49,950 - -1000/0 642000 Capital -Reserves 42,240 - - - - 0% Total Capital Outlay 130,358 44,622 48,600 49,950 - -100% Total Police Services 2,602,697 2,469,801 2,649,864 2,651,214 2,676,784 1.0% 42 Andrea Bowers From: Moros, Alan <alan.moros@bcso.us> Sent: Tuesday, July 05, 2011 10:13 AM To: Andrea Bowers Subject: RE: Revised Cape Proposal Attachments: City Budget.xls Andrea, Last changes. It actually went down some more based on changes by the County... Alan Commander Alan Moros Cape Canaveral Precinct Brevard County Sheriff's Office 111 Polk Ave. Cape Canaveral, FL 32920 Office (329) 868-1128 Fax (321) 764-8340 -----Original Message ----- From: Andrea Bowers Finailto:A.Bowers(acityofcapecanaveral.org], Sent: Tuesday, July 05, 2011 10:00 AM To: Moros, Alan Subject: RE: Revised Cape Proposal I will look at it and get back with you. AB From: Moros, Alan .fmailto:alan.rnoros@bcso.us] Sent: Tuesday, July 05, 20119:59 AM To: Andrea Bowers Cc: Pelham, Gregory Subject: RE: Revised Cape Proposal That's it. The MSTU is throwing me off, but the figure without it is $2,604,633. The book reflects $2,676,784. 1 would assume it's because capital was added on to it, but it should not since the flat fee would include capital. Thanks, Alan Commander Alan Moros Cape Canaveral Precinct Brevard County Sheriff's Office 111 Polk Ave. Cape Canaveral, FL 32926 Office (321) 868-9128 Fax (321) 784-8340 -----Original Message ----- From: Andrea Bowers [mailto:A.Bowers@cityofcapecanaveral.org] Sent: Tuesday, July 05, 20119:46 AM To: Moros, Alan Subject: FW: Revised Cape Proposal Here is the last proposal that I received. Perhaps the offset of the MSTU $'s is what is throwing you. AB From: Pelham, Gregory Finaiito:gregory.pelham(&bcso.us] Sent: Tuesday, May 31, 201110:19 AM To: Andrea Bowers Subject: Revised Cape Proposal Andrea, Attached is the final draft of the Flat Fee proposal for the City. It has been adjusted to reflect the Sheriffs desire to keep half of an agent position at the City instead of an additional Lieutenant position. Call me if you have any questions. Greg Pelham, Chief Financial Officer Brevard County Sheriffs Office (321) 264-7753 (321) 264-5324 fax <<FY12 Cape 5 27 11 Flat Fee.xls>> Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral offiiciats and employees will be made available to the public andfor media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. Florida has a very broad public records law. As a result, any written communication created or received by the City of Gape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not %+ant your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. A �vl F - z LU w C) Z 5 F-- co 0 co - f- 0 ti z < 0 > w < Z r- Q < C) z LLI L. L) I,-- Lf) C*4 r LO z < 0 cq ta csi LL U) CD qf Q Er p C. C14 C*4 cli >-40 6ek LL :3 In w C) Z 5 F-- m a) U) a) z 0 0 z < o ui > < W LL] 0 I 0 - . z < 0 > w < Z a) (L < < C) z LLI L. L) L) < m IL o < 0 Dept 004 Public Safety 001-004-521-120000 Regular Salaries & Wages 15,790 001-004-521-140000 Overtime - 001-004-521-210000 FICATaxes 1,208 001-004-521-240000 Worker Compensation 399 001-004-521-314000 .................................................... . Physicals - 001-004.521-340000 Contract Services - BCSO 2,577,778 001-004-521-341000 Community Policing 2,000 001-004-521-341100 School Resource Officer - 001-004-521-345000 Collection Surcharge 3,500 001-004-521-345500 State Attorney Dispositions 500 001-004-521-400000 Travel & Per Diem - 001-004-521-410000 Communications Service - 001-004-521-430000 Utilities 9,324 001-004-521-450000 General Insurance - 001-004-521-462000 Equipment Maintenance - 001-004-521-520000 Operating Supplies 1,000 001-004-521-523000 Uniforms 250 001-004-521-540000 Memberships & Training - 001-004-521-640000 Capital - Machinery and Equip. - 17,397 2,594,352 2,611, 749 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09/20/2011 Item No. 'f Subject: Approve Resolution No. 2011-19; Authorizing an Agreement between the City of Cape Canaveral, Board of County Commissioners of Brevard County and the Canaveral Port Authority for E911 Dispatching Services and Fire and Emergency Medical Coverage for the County unincorporated area identified in Appendix A and B, so as to better protect the lives and property of its citizens. Department: Legislative Summary: The City, Board of County Commissioners of Brevard County and Canaveral Port Authority desire to enter into an Agreement for the County to provide E911 Dispatching Services and the City/Canaveral Port Authority to provide fire/emergency medical coverage for the unincorporated area identified in Appendix A and B in accordance with this Agreement. It is in the best interest of the parties that the County and City/Port Authority share emergency response resources. This Agreement shall be considered an Interlocal Agreement pursuant to Section 163.01, Florida Statutes. A Summary of the Agreement follows: Section 1. Term: Agreement effective upon approval/signing by each of the elected governing bodies and shall terminate on September 30, 2014. Section 2. Termination/Amendment of Agreement: Agreement may be terminated by each party upon written notice of termination to the other parties at least (45) days prior to date of such termination. Each party may request to amend the Agreement. Requests must be in writing and address reason for amendment as well as provide proposed amended language. Amendment must be approved by all parties and recorded with Brevard County Clerk of the Court. Section 3. Services Provided: (1) Statement of Reciprocity: The City/Port/County agree to share common emergency response resources and there are no monetary payments to either the City/Port/County. (I1) E911 Dispatch Services: County agrees to provide 24/7 E911 fire/first responder service to City/Port. City/Port agree to provide BCFR Dispatch Center predetermined unit response assignments for the '1St, 2" and 3rd alarm responses as well as all auto -aid agreements between other emergency service providers and City/Port. City/Port are responsible for equipment/costs necessary to receive voice/data communications from dispatch center. (III) Unincorporated Area Coverage: City/Port agree to provide fire protection/first responder emergency medical services to the unincorporated area identified in Appendix A and B. (IV) Automatic Aid: City/Port/County agree to provide automatic aid to each other based on a mutually agreed upon predefined process resulting in immediate response of emergency personnel by Responding Party to the scene of an emergency in Receiving Party's jurisdiction on behalf of or with Receiving Party. Process is initiated through BCFR Dispatch Center. (a) Automatic Aid Response Area (AARA): City/PorFJCounty agree to participate in a closest unit response mode for all emergency requests for service to include, but not limited to, first responder medical calls, fire calls and hazardous materials calls. The geographical area in which City/Port/County agree to provide closest unit response automatic aid is identified in Appendix B (Banana River Drive area). (b) Predefined Unit Response Assignments: Citv/Por /County aaree on predefined unit City Council Meeting Date: 09/20/2011 Itern No. 2 City Council 09120/2011 , Item . no party intends to waive any defense of sovereign immunity or limits on damage to which it may be entitled. Nothing in Agreement shall be construed as consent by County or City/Port to be sued by third parties in any matter arising out of any contract. Parties acknowledge that specific consideration has been exchanged for this provision. Assignments: Neither City/Port/County shall enter into any agreement with third parties without prior written approvals of other parties. Entire Agreement: Agreement sets forth entire Agreement between the parties. Agreement shall not be modified except in writing and executed by all parties. Interpretation: City/Port/County have had opportunity to consult with legal counsel and to participate in the drafting of the Agreement. Consequently, Agreement shall not be more strictly or more harshly construed against any party as the drafter hereof. Submitting Department Director., Angela M. Apperson late: 9/8/2911 Attachments: _ Resolution No. 2011'-191 and Agreement Financial Impact: The City's contract for Fire/Rescue Services is for a fixed amount of compensation;: therefore, no addlitional costs are expected. The availability of additional personnel and resources, when needed, at no additional c t is a true benefit. Reviewed by Finance Director: Andrea Bowers [date: The City Manager recommends that City Council take We following action(s): Approve Resolution No. 29111-19. Approved by Cityanager: David L. Greene " Date: L City Council action: [ ] Approved as Recommended' [ ] Disapproved [ ] Approved with Modifications Tabled to Time Certain '' i11 i • 4 iii �, E911 dispatching services and the City/Port .Authority provide fire and emergency medical WHEREAS, Brevard County (the "County") finds that it is in the best interest of the publicCounty and the of • and WHEREAS, this Agreement shal!J be considered an Interlocal Agreement pursuant Septem'be'r 30, 2014. r Ir` ' w w` • i I. M M SECTION 1. The Mayor and City Clerk are authorized to execute an agreement City of Cape Canaveral, Florida Resolution No. 2011-19 Page 2 Canaveral Port Authority through September 30, 2014. A copy of said agreement is attached hereto and made a part hereof by this reference as if fully set forth. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 20th day of September, 2011. Rocky Randels, Mayor ATTEST: Name For Against Angela M. Apperson, City Clerk Robert Hoog Jim Morgan Buzz Petsos Rocky Randels Betty Walsh Approved as to Form: Anthony A. Garganese, City Attorney THIS AGREEMENT, entered into this day of _, 201i 1, by and between the BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, a political subdivision of the State of Florida, located at 2725 Judge Fran Jamieson Way, Viera, Florida 32940 (hereinafter referred' to as the "County"), the CITY OF CAPE CANAVERAL located at 105 Pol�k Avenue, Cape Canaveral, FL 32920 (hereinafter referred to as the "City"') a municipality incorporated under the Laws of Florida, and the CANAVERAL PORT AUTHORITY located at 445 Challenger Road Cape Canaveral, FL 32920 (hereinafter referred to as the "Port Authoirity") a political subdivision of the State of Florida. WITNESSETH: WHEREAS, the City/Port Authority and County desire to enter into this Agreement for the purpose of the County to provide E911 d'ispatching services and the City/Port Authority to provide fire and emergency medical coverage • the County parcei of property identified in Appendix A, so as to WHEREAS, Brevard County (the "County") finds that it is in the best interest of the County and the public health, safety and welfare of its citizens that the County and City/Port Authority share WHEREAS, this Agreement shall be considered an Interlocal Agreement pursuant to the authority of NOW, THEREFORE, in consideration • the • and mutual promises contained herein, the SECTION 1. TERM: This Agreement will be in force and effective upon the approval and signing of said Agreement by each elected governing, bodies and shall terminate on September 30, 2014. P SECTION 2. TERMINATION/AMENDMENT OF AGREEMENT: 2.1 This Agreement may be terminated by each party upon written notice of termination to the other parties at least forty-five (45) days prior to the date of such termination. 2.2 Each party may request to amend this Agreement. Such requests must be placed in writing and address the reason for the amendment as well as provide proposed amended language. The amendment must be approved by all respective governing bodies, and recorded with the Cleric of the Court in the Public Records of Brevard County, Florida. SECTION 3. SERVICES PROVIDED: 3.1 Statement of Reciprocity - The City/Port Authority and the County agree to share both unique and common emergency response resources for the purposes of expeditious and effective emergency service delivery to City/Port Authority and County citizens alike. In that the services provided by both the City/Port Authority and County are done so in a reciprocal manner, there are no monetary payments to either the City/Port Authority or the County for services identified in this agreement. 3.2 E911 Dispatch Services - The County hereby agrees to provide twenty-four (24) hour, seven days a week, E911 fire and first responder dispatch service to the City/Port Authority. Services include receiving emergency calls through the Countywide E911 system, processing the call (EMD or EFD), alerting, radio communication, monitoring units during both emergency and non -emergency operations, providing access to the Brevard County Fire Rescue (BCFR) computer aided dispatch (CAD) system and provide appropriate annual statistics and reports as requested by the City/Port Authority. The City/Port Authority will provide to the BCFR Dispatch Center predetermined unit response assignments for the 1s', 2nd and 3`d alarm responses as well as all auto -aid agreements between other emergency service providers and the City/Port Authority. The City/Port Authority is responsible for any and all equipment and costs necessary to receive voice and data communications from the dispatch center. 3.3 Unincorporated Area Coverage - The City/Port Authority agree to provide fire protection and first responder emergency medical services to the unincorporated area identified in Appendix A. Emergency response to the unincorporated area (Appendix A) by the City/Port Authority shall be performed automatically. The County's dispatch center shall dispatch the City/Port Authority based on pre -defined response assignments. 2 3.4 Automatic Aid - The City/Port Authority and the County hereby agree to provide automatic aid to each other. Automatic Aid shall be based on a mutually agreed upon (City/Port Authority and County) predefined process that results in the immediate response of emergency personnel by the Responding Party to the scene of an emergency in the Receiving Party's jurisdiction on behalf of or with the Receiving Party. The process shall be initiated through the BCFR Dispatch Center. (a) Automatic Aid Response Area (ARRA) — Both the City/Port Authority and the County agree to participate in a closest unit response mode for all emergency request for service to include, but not limited to, first responder medical calls, fire calls and hazardous materials calls. The geographical area, in which both the City/Port Authority and the County agree to provide closest unit response automatic aid, is identified in Appendix B. (b) Predefined Unit Response Assignments — The City/Port Authority and the County shall mutually agree on predefined unit response assignments for responding to emergency events within the automatic aid response area (AARA). Closest unit response will be the single most important consideration in the development of predefined unit response assignments (c) Officer in Charge - While providing automatic aid in the area AARA where an emergency exists, the Responding Party personnel shall be subject to the orders and directions of the officer in charge of the operations. If an officer for the Receiving Party is not available at the scene, the highest-ranking officer from the Responding Party will control the scene until its termination or an officer from the Receiving Party arrives and scene control is properly transferred. (d) Service Standard - The Responding Party and Receiving Party shall utilize National Fire Protection Standard 9500, as defined in Florida Statute Section 633.821, to ensure that the Incident Command System, the Personnel Accountability System and the 2 in/2 out standards are adhered to. Failure to comply with this service standard may be deemed to be a breach of this Agreement and cause for immediate termination. 3 (e) Notification of Non -response - Should either the City/Port Authority or the County not be able respond and provide automatic aid to an emergency call within the AARA, the BCFR Dispatch Center is to be notified immediately. (f) Release of Responding Party — The Responding Party will be released from an automatic aid request by the Receiving Party as soon as is appropriate based on operational considerations or when the Receiving Party has adequate resources on scene to mitigate the emergency. SECTION 4. PAYMENT: There shall be no payment to either the City/Port Authority or the County for services identified in this Agreement. SECTION S. ADDITIONAL EQUIPMENT: No additional equipment is contemplated by the City/Port Authority or the County for services identified in this Agreement. SECTION 6. NOTIFICATION: Any required notice to be provided by a party to this Agreement shall be delivered to each party's representative at the following locations: David Sargeant, Fire Chief Cape Canaveral Volunteer Fire Department 8970 Columbia Road. Cape Canaveral, FL 32920 J. Stanley Payne, Chief Executive Officer Canaveral Port Authority 445 Challenger Road Suite 301 Cape Canaveral, FL 32920 4 Larry L. Collins, Fire Chief/Director Brevard County Fire Rescue 1040 S. Florida Ave. Rockledge, FL 32955 With a copy to: David L. Greene, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Howard N. Tipton, County Manager Brevard County Government Center 2725 Judge Fran Jamieson Way Viera, FL 32940 Any notice to be sent to the County or the City/Port Authority under the provisions of this Agreement shall be deemed to have been properly sent when personally delivered or mailed, postage prepaid, first class U.S. mail, or by nationally recognized overnight courier to the last known address of the said City/Port Authority or the County with appropriate copies as set forth above. A mailing is deemed received at the time of hand delivery or five (5) days after mailing. Each party hereto may unilaterally change the person to whom a mailing is to be sent to or the address of said person by giving notice to the other parties as provided for herein. SECTION 7. AUDITING, RECORDS AND INSPECTION; 7.1 In the performance of this Agreement, the City/Port Authority shall keep books, records, and accounts of all activities, related to the Agreement, in compliance with generally accepted accounting procedures, as adopted by the Department of Financial Services, as set forth in Rule 691-61.0012, Florida Administrative Code, as amended or superceded from time to time, or the Auditor General. Books, records, and accounts related to the performance of this Agreement shall be open to inspection during regular business hours by an authorized representative of the office and shall be retained by the City/Port Authority for a period of three (3) years after termination of this Agreement for accounting related records and for other public records, five (5) years after termination of this Agreement. All books, records, and accounts related to the performance of this Agreement shall be subject to the applicable provisions of Chapter 119, Section 401.30, Florida Statutes. 7.2 No reports, data, programs or other materials produced, in whole or in part for the benefit and use of the County, under this Agreement shall be subject to copyright by the City/Port Authority in the United States or any other country. 7.3 All records or documents created by the City/Port Authority or provided to the City/Port Authority by the County in connection with the activities or services provided by the County under the terms of this agreement, are public records and the City/Port Authority agrees to comply with any request for public records or documents made in accordance with Section 119.07 Florida Statutes. 5 7.4 The County or the City/Port Authority will be provided, at no cost, copies of any public records request made by a third party involving documents related to this agreement. If a request for public records is made by a third party, the County or the City/Port Authority will inform the other of the request and provide a copy of the public records that were requested by the third party. SECTION B. JURISDICTION VENUE AND CHOICE OF LAW: All questions pertaining to the validity and interpretations of this Agreement shall be determined in accordance with the laws of the State of Florida. Any legal action by any party against the other concerning this Agreement shall be filed in Brevard County, Florida, which shall be deemed proper jurisdiction and venue for the action. SECTION 9. ATTORNEY'S FEES AND COSTS: In the event of any litigation between the parties arising out of this Agreement, each party will bear its own attorney's fees and costs. SECTION 90. SEVERABILITY: If any section, paragraph, sentence, clause, phrase, or word of this Agreement, is for any reason held by the County to be unconstitutional, inoperative, or void, such holding will not affect the remainder of this Agreement. The remainder of this Agreement shall be effective and shall remain in full force and effect, unless amended or modified by mutual consent of the parties. SECTION 91. INDEMNIFICATION/HOLD HARMLESS: Each party hereto shall indemnify and hold harmless the other parties, their agents and employees from and against any and all claims, damages, losses, bodily injuries (including death), and expenses, including attorney's fees, arising out of or resulting from any services provided pursuant to this Agreement, where such claim, damage, loss, or expense is caused in whole or in part by the act or omission of the indemnifying party, or anyone directly or indirectly employed by the indemnifying party, or anyone for whose acts any of them may be liable. No party hereto shall be required to indemnify or hold harmless another party to the extent the other party is negligent or intentionally causes or omits to act, thereby causing claims, damages, bodily injuries (including death), losses, or expenses. C In agreeing to this provision, no party hereto intends to waive any defense of sovereign immunity, or limits on damage to which it may be entitled under Section 768.28, Florida Statutes or otherwise provided by law. Nothing herein shall be construed as consent by the County or the City/Port Authority to be sued by third parties in any matter arising out of any contract. The parties acknowledge that specific consideration has been exchanged for this provision. SECTION 12. ASSIGNMENTS: Neither the City/Port Authority nor the County, its assigns or representatives, shall enter into any agreement with third parties to delegate any or all of the rights and responsibilities herein set forth without the prior written approval of the other parties. SECTION 13. ENTIRE AGREEMENT: This Agreement, including exhibits, riders, and/or addenda, if any, attached hereto, sets forth the entire Agreement between the parties. This Agreement shall not be modified except in writing and executed by all parties. SECTION 14. INTERPRETATION: Both the City/Port Authority and the County have had the opportunity to consult with legal counsel and to participate in the drafting of this Agreement. Consequently, this Agreement shall not be more strictly or more harshly construed against any party as the drafter hereof. 7 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first written above, ATTEST: By: Mitch Needelman, Clerk ATTEST: By: Angela Apperson, City Clerk ATTEST: M BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA By: Robin L. Fisher, Chairman Brevard County Commission Approved by the Board on Reviewed for Legal Form and Content: Assistant County Attorney CITY OF CAPE CANAVERAL, FLORIDA By: David L. Greene, City Manager CANAVERAL PORT AUTHORITY, FLORIDA By: J. Stanley Payne, Chief Executive Officer Canaveral Port Authority Jim Ford, CFA a 1 s e i Brevard Coitinty, Property Appi North Government Complex Viera Government Center South Services Complex PaIrp Bay Service Ccuriplex 400 South S,t, 5th Floor 2 725 judge Fran jarnleson Wy 1515 Sarno Rd 450 Cogan Dr, SC Titusville, Ft. 32780 Viera, FL '32940 Melbourne, Ft. 32935 Pal In Bay, Ft.. 32909 Telephone: (321) 264-6700 Telephone,- (32 1 690-4313'80 Telephone (321) 2155-4440 Telephone: (32 11), 952-4574 littp:Htiia,p.I)revardpropertyapp1�aisei�.com/Map2/ 8/1:7/2011 i � 1 y r 4k 1