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10-21-14 Agenda Packet
Instructions This Meeting is open to the Public. If you would like to speak before the Cape Canaveral City Council, please complete a Speaker Card and give it to the City Clerk/Recording Secretary or other Official/Staff Member in the room. Speaker Cards are located adjacent to the Library Room Entrance. A "reasonable opportunity to be heard" pursuant to Section 286.0114, Florida Statutes, need not occur at the same meeting at which the "board or commission" (or City Council) takes official action on an item. No City Council action will be taken on requests during Public Participation unless determined by the Council to be an emergency. Any other requests for Council action may be placed on the Agenda for a subsequent meeting. 1. Please proceed to the podium when your name is called by the Mayor, Mayor Pro Tem or Meeting Chair. 2. You will have 3 MINUTES to speak before the City Council. 3. Please direct your statements to the Mayor, Mayor Pro Tern or Meeting Chair. PLEASE KEEP CELL PHONES AND OTHER DEVICES SILENT. CAPE CANAVERAL CITY COUNCIL MEETING Library Meeting Room 201 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA October 21, 2014 6:00 PM CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the City Council excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens will limit their comments to three (3) minutes. The City Council will not take any action under the "Public Participation" section of the agenda. The Council may schedule items not on the agenda as regular items and act upon them in the future. PRESENTATIONS / INTERVIEWS: 6:95 p.m. — 6:45 p.m. Presentation to the Financial Services Department of The Certificate of Achievement for Excellence in Financial Reporting Fiscal Year ending September 30, 2013. Interview Applicant Maria (Mickie) Kellum for appointment to the Culture and Leisure Services Board. Obtain consensus on path forward for completion of an updated Stormwater Master Plan and incorporate any approved changes in a Final Report. CONSENT AGENDA: 6:45 p.m. — 6:50 p.m. 1. Approve Minutes for Special City Council Meetings of September 3, 2014 and September 16, 2014 and Regular City Council Meeting of September 16, 2014. 2. Approve Change Order #2 to Wm. Turnbaugh Construction, Inc., in the amount of $59,400.00 for completion of the Pedestrian Way at Manatee Sanctuary Park and an additional $2,030.50 in engineering and testing costs; and authorize the City Manager to execute the same. 3. Approve the First Addendum to the Lease Agreement for the Fire Station (190 Jackson Ave.). 4. Resolution No. 2014-33; revising the Addendum to the Agreement for Municipal Law Enforcement Services between the City of Cape Canaveral, Florida and Wayne Ivey, as Sheriff of Brevard County; providing for the repeal of prior, inconsistent resolutions; and an effective date. City of Cape Canaveral, Florida City Council Meeting October 21, 2014 Page 2 of 2 5. Resolution No. 2014-34; reappointing a Member to the Business and Economic Development Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability; and an effective date. (Melanie Evans) 6. Resolution No. 2014-35; appointing a Member to the Culture and Leisure Services Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability; and an effective date. (Maria "Mickie" Kellum) PUBLIC HEARING: 6:50 p.m. — 7: 9 Op. m. 7. Ordinance No. 13-2014; adopting a revised Solid Waste Franchise Agreement with Waste Pro of Florida, Inc. pursuant to Section 2.12(3) of the City Charter; adopting the Solid Waste Rates set forth in the Solid Waste Franchise Agreement; providing for repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability, and an effective date, second reading. 8. Ordinance No. 14-2014; adopting the amendments to the Annual General Fund, Special Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital Fund Budgets for the Fiscal Year beginning October 1, 2013, and ending September 30, 2014; providing for the repeal of prior inconsistent ordinances and resolutions; providing for an effective date, first reading. ITEMS FOR ACTION: 7:90 p.m. — 7:30 p.m. 9. Consider Application for Satisfaction or Release of $77,850.00 Code Enforcement Lien, Case No. 11-00040; 8652 N. Atlantic Avenue. 10. Consider Application for Satisfaction or Release of $5,925.00 Code Enforcement Lien, Case No. 12-00012; 201, 203, 205 Jefferson Avenue. REPORTS: 7:30 p.m. — 7:45 p.m. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the City Clerk's office (868-1220 x220 or x221) 48 hours in advance of the meeting. [city seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/21/2014 Presentations/Interviews Subject: Presentation to the Financial Services Department of The Certificate of Achievement for Excellence in Financial Reporting Fiscal Year ending September 30, 2013. Department: Legislative Summary: The Government Finance Officers Association (GFOA) has recognized the Financial Services Department for excellence in Financial Reporting by awarding "The Certificate of Achievement for Excellence in Financial Reporting" for its Comprehensive Annual Financial Report (CAFR). The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. The CAFR was judged by an impartial panel to meet the highest standards of the program including demonstrating a constructive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the CAFR. The GFOA is a nonprofit professional association serving approximately 17,500 government finance professionals. This is the 19th consecutive year that the City of Cape Canaveral's Financial Services Department has received this prestigious award for excellence in financial reporting. The award exemplifies the dedication, knowledge and professionalism of the Financial Services Department Staff, Submitting Council Member: Mayor Rocky Randels Date: 10/8/2014 Attachment: None Financial Impact: Staff time to prepare item. Reviewed by Finance Director: John DeLeo Date: 10/9/14 The City Manager recommends that City Council take the following action(s): Recognize the Financial Services Department with The Certificate of Achievement for Excellence in Financial Reporting. [Approved by City Manager: David L. Greene Date: 10/9/14 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain [city seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/21/2014 Presentations/Interviews Subject: Interview Applicant Maria (Mickie) Kellum for appointment to the Culture and Leisure Services Board. Department: Leisure Services Summary: On September 23, 2014, the Culture and Leisure Services Board interviewed Maria (Mickie) Kellum and Patti Martin to fill a vacancy. Ms. Kellum has been a Cape Canaveral resident for 25 years and has raised her children in the City. She has chaired and been involved with many committees at both the American Legion and VFW over the past 20 years. She has been a business owner and has extensive experience in event coordination. Ms. Kellum's main reason for joining the Board is that she loves the City and wants to give back to it. She selected the Cape Canaveral Culture and Leisure Services Board as her number one preference for service on the City's volunteer advisory boards. Based on her interview, the Board recommends that she be appointed by the City Council. Additionally, the Board recommended Patti Martin's application be held as the first choice should another vacancy become available. Submitting Department Director: Gustavo Vergara Date: 10/2/2014 Attachments: Board Application and Leisure Services Memo to Council. Financial Impact: Staff time to prepare item. Reviewed by Finance Director: John Deleo Date: 10/3/14 The City Manager recommends that City Council take the following action: Interview Applicant Maria (Mickie) Kellum. Approved by City Manager: David L. Greene Date: 10/3/14 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain RECEIVED BY CITY OF CAPE CANAVERAL FINANCIAL DEPT. DATE: 8/22/14 CITY OF CAPE CANAVERAL APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171,Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. AUG 22 2014 Please complete the following in the space provided: MG CCO A. GENERAL 1. Applicant Name: Maria M Kellum (mickie) 2. Home Address: 8910 Coquina Lane, Cape Canaveral 3. Home and Cellular Telephone: 799-4425 cell 536-8528 4. Occupation: Manager VFW 10131 5. Business Telephone: 783-8019 6. Business Address: 105 Longpoint Rd Cape Canaveral 7. E-Mail: mmKellum@Hotmail.com B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? (Y) X (N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? (Y) X (N) 3a. Are you a Business owner: (Y) (N) X 3b. If yes to 3a, please list the name: 4a. Have you ever been convicted or found guilty, regardless of adjudication, or a felony in any jurisdiction?Any plea of nob contendere (no contest) shall be considered a conviction for purposes of this question. (Y) (N) X 4b. If yes to 4a, have your civil rights been restored? (Y) (N) 5a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? (Y) (N) X 5b. If yes to 5a, please list each: Page 1 of 3 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? (Y) X (N) 7a. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? (Y) (N) X 7b. If yes to 7a, please provide name(s)of person(s)and relationship to you: C. INTERESTS/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: I have been a Resident of Cape Canaveral for 25 years, I now have the time to give Back to the community. 2. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. Board of Adjustment* b. 3 Business and Economic Development Board* c. Code Enforcement Board* d. 2 Community Appearance Board* e. Construction Board of Adjustment and Appeals* f. 1 Culture and Leisure Services Board g. Library Board h. 4 Planning and Zoning Board* i. Other: *Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. Briefly state any prior experiences in serving on any governmental board or committee: I have chaired and been a part of many committes at both the American Legion & VFW over the Past 20 years. 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee. I have owned my own business, I have various experience in coordinating Evens & Parties. I work well with many different people. And I'm a great multitasker. D. STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Page 2 of 3 RACE GENDER African-American Male Asian-American X Female Hispanic-American Not Known Native-American X Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at(321) 868-1220 ext. 221. Signature: Maria M. Kellum Date: 8/22/14 Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral Florida 32920 For Office Use Only: Date application received: 8/22/14 Date Appointed: Appointed by: Board Appointed to: Term Expires: Page 3 of 3 City of Cape Canaveral P.O. Box 326 Leisure Services Cape Canaveral, FL 32920 Department 321-868-1226 Memo To: Cape Canaveral City Council From: Gustavo Vergara, Leisure Services Director Through: David L. Greene,City Manager Date: September 24,2014 Re: Cape Canaveral Culture and Leisure Services Board Member Recommendation On September 23, 2014, the Cape Canaveral Culture and Leisure Services Board interviewed a potential new Board member, Maria (Mickie) Kellum. By unanimous vote,the Board recommended that City Council appoint her to the Board. [city seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/21/2014 PRESENTATIONS / INTERVIEWS Subject: Obtain consensus on path forward for completion of an updated Stormwater Master Plan and incorporate any approved changes in a Final Report. De•artment: Public Works Services. Summary: A Stormwater Master Plan (SWMP) was prepared for the City in 2000 by Stottler Stagg & Associates. The SWMP included: (1) field data collection, (2) drainage basin delineation, (3) hydrologic modeling and (4) proposed projects for the management/treatment of stormwater. However, changes to the City's infrastructure, changes in the regulatory climate (Total Maximum Daily Loads [TMDLs], Basin Management Action Plans [BMAPs], etc.) and the decline of seagrass growth/water quality in the Indian River Lagoon (IRL) necessitated the preparation of an updated SWMP. The City completed a number of stormwater improvement projects since 2000 and has several planned projects as required by the lRL BMAP. In addition, the City has applied/ will be applying for a number of water quality grants for upcoming stormwater improvement projects from Florida Department of Environmental Protection (FDEP) and St. Johns River Water Management District (SJRWMD). These organizations typically require that governmental agencies maintain an updated SWMP to receive grant funds. The major goals and objectives of the updated SWMP are as follows: • Collection of background data and existing computer models from regulatory agencies (e.g., FDEP and SJRWMD) to be used as a geodatabase for detailed hydrologic studies; • Performance of computer modeling to determine additional credits which may be acquired from the TMDL Program for projects already completed by the City; • Performance of computer modeling to determine total nitrogen and total phosphorous loads from each of the City's drainage basins; • Performance of computer modeling to determine maximum potential TMDL credits for proposed water quality improvement projects; and • Recommendations for additional stormwater improvement projects (i.e., based upon computer modeling analyses, research of scientific literature, costs, etc.) not already included in the City's Capital Improvement Plan (GIP). The SWMP includes summary tables showing completed (12) and potential (19) BMAP projects which will allow the City to reach TMDL Target Levels for TN and TP. Since many of the potential projects require easements on private property, City Staff will further investigate these projects to determine which are most appropriate for design and construction. Staff selected Allen Engineering, Inc. (AEI) of Cocoa Beach, Florida to prepare the updated SWMP. AEI is one of the engineering firms selected by the City for Professional Engineering/Surveying, Planning, Consulting and Architectural Services in Request for Qualifications #2011-01. A member of the AEI team is Mr. Gordon England, PE, D.WRE of Applied Sciences Consulting,_ Inc. (ASCI). He is a leader of the City Council Meeting Date: 10/21/2014 PRESENTATIONS / INTERVIEWS Page 2 of 2 stormwater industry in Florida and has prepared SWMPs for many local governmental agencies including Indian Harbor Beach, Satellite Beach, Patrick Air Force Base, Cape Canaveral Air Force Station and Cocoa. Mr. England and City Staff will present the Draft SWMP and will be available to answer questions and provide additional information. Any approved changes to the Draft Report will be incorporated into the Final Report. A draft copy of the complete SWMP is available for review at City Hall. Submitting Department Director: Jeff Ratliff Date: 10/03/14 Attachment: Draft Executive Summary Stormwater Master Plan Financial Impact: Construction costs to the City for the ultimate build-out plan, over the next 14 years, are estimated to be $5,901 ,064; Staff time preparing this Agenda Item. Reviewed by Finance Director: John DeLeo Date: 10/9/14 The City Manager recommends that City Council take the following action: Obtain consensus on path forward for completion of an updated Stormwater Master Plan and incorporate any approved changes in a Final Report. Approved by City Manager: David L. Greene Date: 10/9/14 City Council Action: [ ] Approved as Recommended [ ] Disapprove [ ] Approved with Modifications [ ] Tabled to Time Certain Attachment Draft Executive Summary Stormwater Master Plan CITY OF CAPE CANAVERAL BASIN MANAGEMENT ACTION PLAN COMPLIANCE STRATEGY DRAFT REPORT October 2014 Prepared For: CITY OF CAPE CANAVERAL PUBLIC WORKS SERVICES DEPARTMENT [city seal] CITY OF CAPE CANAVERAL Prepared By: [Allen Engineering, Inc. logo] 106 Dixie Lane, Cocoa Beach, Florida 32931 Ph: 321-783-7443 | Fax: 321-783-5902 | alleneng.net [AppliedSciences logo] 5808 Breckenridge Pkwy, Suite A, Tampa, Florida 33610 Ph: 813-622-6400 | Fax: 813.434.2454 | info@appliedsciencesci.com | www.appliedsciencesci.com Engineering a Sustainable Future City of Cape Canaveral, FL BMAP Compliance Strategy Report - October 2014 1 EXECUTIVE SUMMARY The City of Cape Canaveral (City) is located on Brevard County's barrier island, adjacent to Port Canaveral. Stormwater runoff from the City discharges to the Banana River Lagoon (BRL) and Atlantic OCean. The decline of water quality and ecosystem health in the BRL led to the BRL being placed on the Florida Department of Environmental Protection (FDEP) Verified List of Impaired Waters in 2007. The FDEP established a Total Maximum Daily Load (TMDL) for the Indian River Lagoon and BRL (FDEP 2009) to reduce harmful pollutant loadings of total nitrogen (TN) and total phosphorous (TP) discharges to the BRL. The goal of the TMDL was to restore seagrass coverages in the BRL to historic levels. The implementation phase of the TMDL program was the Basin Management Action Plan (BMAP) process that allocated specific load recutions of TN and TP for the Municipal Separate Stormwater System (MS4) stakeholders along the BRL. Enforcement of the BMAP is through the City's National Pollutant Discharge Elimination System (NPDES) MS4 Permit No. FL04E003. As a result, BMAP allocations set by FDEP will affect stormwater management practices within the City. In order the address BMAP compliance issues, Cape Canaveral undertook this study with the project team of Allen Engineering, Applied Sciences, and Applied Ecology (AEI) to: quantify stormwater pollutant loadings from the City, compare the pollutant loadings to BMAP allocations, and develop a compliance strategy of proposed measures and stormwater retrofit projects necessary to comply with BMAP requirements. 1.1. FINDINGS In the BMAP for the BRL (FDEP 2013), the City committed to reducing 886.5 lb/yr of TN and 220.3 lb/yr of TP from its stormwater runoff during the first five-year cycle. During the BMAP process, the City submitted to the FDEP a list of projects and practices that would achieve compliance with the first five-year cycle allocations. Additional reductions of TN and TP will be required during the following two five-year cycles. As a result of MS4s contesting FDEP's methodology utilized to correlate seagrass health with nutrient loadings and FDEP's model for pollutant load calculations, as well as the unexpected seagrass die off in the BRL, the City's nutrient reduction allocations for the second and third five- year cycles are unknown, though they will probably be of similar magnitude as projected in the original TMDL. The City will be required to implement numerous stormwater retrofit projects at considerable expense over the next 14 years in order to meet BMAP allocations. To assist the City with City of Cape Canaveral, FL BMAP Compliance Strategy Report - October 2014 2 reaching these goals, the project team developed a strategy comprised of three types of components to reduce nutrient loadings to the BRL 1.1.1 TMDL Refinements The first component of the City's TMDL compliance plan consists of refining the Pollutant Load Screening Model (PLSM) utilized by FDEP for calculating baseline pollutant loadings and required allocations (reductions). The PLSM model uses the variables of the presence of an existing treatment system, soil type, land use, runoff coefficient, and annual rainfall. An analysis of FDEP's PLSM model revealed deficiences in the GIS coverages of land use, runoff coefficient, and existing Environmental Resource Permit (ERP) areas used as surrogates for treatment areas. These coverages reflect the year 2000 conditions, which have changed over the last 10 years. The City has developed current GIS coverages for land use and soil types as part of this study. Additional GIS coverages for the stormwater infrastructure, C values, and treatment areas have been initiated, but not completed at this time. In addition, FDEP is evaluating the utilization of a more accurate and refined pollutant load model for the IRL. Applied Sciences recommends the City updates GIS coverages that can be used by either model in order to ensure that future modeling and allocations be as accurate as possible, thereby ensuring that no unnecessary projects are implemented. 1.1.2 Nonstructural BMPs FDEP offers BMAP reduction credits for so called "soft" or nonstructural BMPs such as educational program implementation and maintenance practices. A maximum of 6% credit is available for a combination of public education measures. The City currently receives 2.5% credits for implementing a fertilizer reduction ordinance and distributing educational pamphlets (FDEP 2014). Additional BMAP credits of 21 lb/yr of TN and 5 lb/yr of TP can be achieved for the City's participation with Brevard County's Blue Life program to promote public lifestyle changes that reduce nutrient pollution entering the BRL. It is recommended the City request credits for participation in the County's Blue Life Program. 1.1.3 Structural BMPs Legacy loadings from muck accumulations in the Central Ditch are a source of nutrient loadings to the BRL when storm events wash muck from the ditch to the river. Three dredging projects were identified on the northern and southern sections of the Central Ditch. BMAP credits are available for these nutrient legacy removal projects. The single largest nutrient removal project will be construction of the new Reclaimed Water Tank at the Waste Water Treatment Facility. This one project will remove 2,151 lb/yr of TN and 158 lb/yr of TP. While this is not considered a stormwater BMP project City of Cape Canaveral, FL BMAP Compliance Strategy Report - October 2014 3 per se, FDEP recognizes that this wastewater project will reduce nutrient discharges to the BRL and lower the required stormwater nutrient discharges accordingly. A listing of all existing BMAP reduction projects previously approved by FDEP, as well as 19 potential programs and projects identified in this report are shwon in Table 1. Each project lists pounds per year of nutrient removed and cost per pound of nutrient removed to help prioritize project selection. Based upon the existing projects already receiving BMAP credits, the City's remaining reductions required to meet rhe 15-year BMAP reductions is 2,995 lb/yr of TN and 665 lb/yr of TP. An analysis of the proposed projects with their associated nutrient removals and effectiveness measured by cost per pound of nutrient removed was undertaken to develop the recommended BMAP Compliance Strategy shown in table 1.2. The strategy lists five proposed sutructural retrofit projects and one public education program that could be feasibly implemented to meet the current 15-year TMDL allocation. Types of projects selected were reclaimed water system improvements, dry retention swales, wet detention ponds, canal dredging, exfiltration trenches, and Blue Life public education. The construction costs for this ultimate build-out plan were destimated to be $5,901,064. A summary of projects in the orposed plan is shown in table 1.2. If FDEP revises the BMAP allocations with future model or allocation revisions, a new Compliance Plan could easily be formulated based upon the projects listed in Table 1.1. 1.2 SUMMARY Based upon the conceptual designs and hybrid model utilized in this report, the six projects shown below can meet the City's 15-year BMAP allocation. These projects were chosen due to their low cost per pound of pollutant removal and pounds of pollutant removed. Achieving compliance will principally be accomplished by construction of the new Reclaimed Water Tank at the Waste Water Treatment Facility. Two of the six recommended projects will require right- of-way or easement acquisition. If a proposed sewer line extension is installed on Holman Road, the proposed swale in Project CC-26 could be installed as part of that project, eliminating separate right-of-way acquisition and construction costs. In the event that land does not become available for any of these projects, there are many alternate projects listed in section 6 that could be implemented at higher costs per pound removed. Project CC-10B, participation in the County's Blue Life program, has recently been implemented as FDEP indicates credits will be issued with the 2015 BMAP Progress Report. FDEP is in the process of evaluating an alernate model for calculating pollutant loadings to the BRL. If the alternate method is approved, pollutant loadings and allocations among MS4 entities will most certainly change. At that time, the Compliance Plan listed above can be revised City of Cape Canaveral, FL BMAP Compliance Strategy Report - October 2014 4 as needed. While the pollutant loading method may change, the projects will still be worthy projects for cleaning stormwater runoff entering the Banana River Lagoon. City of Cape Canaveral, FL BMAP Compliance Strategy Report - October 2014 5 Table 1.1- Existing and Proposed Basin Management Action Plan Projects TP Project Acres Treated TN Loading TN Credit Loading TP Credit Number Project Name Project Type (ac)* (lbs/yr) TN Efficiency (%) (lbs/yr) (lbs/yr) TP Efficiency (%) (lbs/yr) CC-1 Baffle Box - Holman Road 1st Gen Baffle Box 29.2 371 0.5 1.9 89.5 2.3 2.1 CC-2 Baffle Box - Center Street 1st Gen Baffle Box 117.2 1564 0.5 7.8 382.6 2.3 8.8 CC-3 Baffle Box - International Drive 1st Gen Baffle Box 179.4 2328 0.5 11.6 152.9 2.3 3.5 CC-4 Baffle Box - Angel Isles 1st Gen Baffle Box 105.5 691 0.5 3.5 119.7 2.3 2.8 CC-5 Baffle Box - WWTP 1st Gen Baffle Box 11.1 28 0.5 0.1 2.4 2.3 0.1 CC-6 Baffle Box - West Central Boulevard 1st Gen Baffle Box 213.4 2528 0.5 12.6 593.4 2.3 13.6 CC-7 3 Baffle Boxes - Central Ditch 2nd Gen Baffle Box 248.2 1170 19.05 222.8 255.3 2.3 39.6 CC-8 Street Sweeping Street Sweeping N/A N/A N/A 433.8 N/A N/A 195.4 CC-9 Shorewood Drainage Sub-basin 100% on-site retention; 169.8 1890 100 1890.1 444.4 100 444.4 CC-10A Education Efforts Education Efforts N/A 8,393 3 251.8 1,987.4 3 59.6 CC-10B Education Efforts Blue Life Program N/A 8,393 0.25 21.0 1,987.4 0.25 5.0 CC-11 Manatee Park SW Improvements Wet detention pond 11.1 144 41.30 59.3 37.6 73.8 27.8 CC-12 Banana River Park SW Improvements Dry Retention Swale 5.3 67 60 40.4 17.7 60 10.6 CC-13 Dredging of South Central Ditch Dredging N/A 39.3 N/A 39.3 N/A N/A 9.9 CC-14 Cocoa Palms LID Exfiltration 4.0 55.8 Treatement Train 13.3 13.7 Treatment Train 10.4 CC-15 Holman Pond Wet detention pond 29.2 371.2 9.8 1.4 89.5 41.6 1.4 CC-16 Exfiltration at Canaveral City Park Exfiltration 29.2 352.2 74.0 260.6 85.1 74.0 63.0 CC-17 West Central Blvd Pond Wet detention pond 334.0 3,697.5 38.4 1420.2 848.7 64.6 548.7 CC-18 WWTP Reclamation Tank Reuse N/A 2,151.0 100.0 2151.0 158.0 100.0 158.0 CC-19 Cherie Down Park Dry Retention Pond 2.8 36.5 Treatement Train 27.4 9.7 Treatement Train 8.9 CC-20 Carver Cove Berm Dry Retention Swale 5.6 43.5 Treatement Train 32.1 10.0 Treatement Train 9.2 CC-21 Cape Shores Swales (3) Dry Retention Swale 7.7 77.2 Treatement Train 31.3 18.3 Treatement Train 14.9 CC-22 International Drive Pond Wet Detention Pond 168.1 2,166.6 27.7 600.8 525.2 53.9 283.2 CC-23 Justamere Road Swale Dry Retention Swale 1.2 16.9 Treatement Train 5.5 4.2 Treatement Train 3.3 CC-24 Hitching Post Berm Dry Retention Swale 9.1 116.8 4.0 27.1 29.1 4.0 22.1 CC-25 Center Street Pond Wet detention pond 106.4 1,416.7 29.2 413.0 346.4 55.0 190.3 CC-26 Holman Road Swale Dry Retention Swale 1.6 25.8 Treatement Train 14.1 6.5 Treatement Train 5.6 CC-27 Dredging of North Central Ditch Phase 2 Dredging 120.6 12.40 N/A 12.4 N/A N/A 3.1 CC-28 Costa Del Sol Pond Dry Retention Pond 2.7 31.67 31.7 10.0 7.91 31.7 2.5 CC-29 Costa Del Sol Denitirification Pond Media Filter 13.0 38.7 Treatement Train 38.7 44.66 Treatment Train 33.7 CC-30 Dredging of North Central Ditch Phase 1 Dredging 120.6 N/A N/A 4.7 N/A N/A 1.2 Totals 2045.9 38,216.5 8,059.6 8,267.3 2,182.4 Total Potential Credits 8.059.6 2,182.4 Credits Earned to Date 2,936.0 808.0 BMAP 15 Year Required Reduction 5,909.0 1,468.4 CC 1 through 9, 10A, 11, and 12 are colored in a manner that indicates "Completed project receiving BMAP credits" CC 14, 15, 17, 19 through 26, 28, and 29 are colored in a manner that indicates "Indicates easement or ROW acquisition required" CC 10B, 13, 16, 18, 27, and 30 are colored in a manner that indicates "Includes double counting of acres with" Cape Canaveral, FL 6 BMAP Compliance Strategy Report - October 2014 Table 1.2—Cape Canaveral Proposed BMAP Compliance Plan Project TN Removed $/lb of TN TP Removed $/lb of TP Number Project Name Project Costs (lb/yr) Removed/Yr (lb/yr) Removed/yr CC-10B Public Ed - Blue Life $ 3,024 21 $144 5.0 $605 CC-18 WWTP Reclamation Tank $ 1,600,000 2,151 $744 158.0 $10,127 CC-26 Holman Road Swale $ 26,250 14 $1,867 5.6 $4,695 CC-16 Exfiltration at Canaveral City Park $ 950,000 261 $3,645 63.0 $15,079 CC-13 Dredging of South Central Ditch $ 194,562 39 $4,951 9.9 $19,653 CC-17 West Central Blvd Pond $ 3,130,252 1,420 $2,204 548.7 $5,705 Totals $ 5,901,064 3,885 $13,412 785 $55,259 Remaining BMAP Reductions Required 2,995 665 Excess Credits 890 120 City of Cape Canaveral, FL 7 BMAP Compliance Strategy Report - October 2014 CITY COUNCIL SPECIAL MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY September 3, 2014 5:30 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 5:30 P.M. and led the pledge of allegiance. ROLL CALL: Council Members Present: Council Member John Bond Council Member Bob Hoog Mayor Rocky Randels Council Member Betty Walsh Council Member Absent: Mayor Pro Tern Buzz Petsos Others Present: City Manager David L. Greene City Attorney Anthony Garganese Administrative Services Director Angela Apperson Finance Director John DeLeo Community & Economic Development Director Todd Morley Planning & Zoning Director David Dickey Leisure Services Director Gustavo Vergara Public Works Services Director Jeff Ratliff Cape Canaveral Volunteer Fire Dept. Chief Dave Sargeant PUBLIC PARTICIPATION: Rebecca Rowe indicated an archeologist visited and shared his observations of the property to the south of the Sunseed Co-Op fronting the Indian River Lagoon. She stated the property has the large Live Oak and Gumbo Limbo trees, is several acres and should be reserved as a park. PUBLIC HEARING: 1. Adopt Resolution No. 2014-24; adopting a Proposed Millage Rate for the levy of Ad Valorem Taxes for Fiscal Year 2014/2015 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida; providing for an effective date: Mayor Randels reviewed the Financial Services Memo regarding changes that were made to City of Cape Canaveral, Florida City Council Special Meeting September 3, 2014 Page 2 of 2 the Budget since the Budget Workshop. Attorney Garganese read the Resolution title into the record; stated the millage rate is 3.7246 and represents the rolled-back rate under Florida Law. Mayor Randels provided further explanation of the Resolution and the actions taken by Staff to formulate the Budget documents. City Manager Greene noted this is a reduction in the Millage Rate of 3.9102 for Fiscal Year 2013/2014. The Public Hearing was opened. Discussion ensued and included the Millage Rate and how the Budget represents the same level of service as in past years. The Public Hearing was closed. A motion was made by Council Member Bond, seconded by Council Member Hoog, for approval of Resolution No. 2014-24. Discussion ensued and included how eighteen to twenty percent of the taxes come back to the City and increases proposed by other taxing agencies. The motion carried 4-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Mayor Pro Tern Petsos, Absent; Mayor Randels, For; and Council Member Walsh, For. 2. Adopt Ordinance No.11-2014; adopting the Annual General Fund, Wastewater Enterprise Fund, Stomiwater Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds, Capital Project Funds, and Agency Fund Budgets for the Fiscal Year beginning October 1, 2014, and ending September 30, 2015; providing for an effective date, first reading: Attorney Garganese read the Ordinance title into the record and explained the need for a Public Hearing. The Public Hearing was opened. No comments were received and the Public Hearing was closed. A motion was made by Council Member Walsh, seconded by Council Member Bond, to adopt Ordinance No. 11-2014. The motion carried 4-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Mayor Pro Tem Petsos, Absent; Mayor Randels, For; and Council Member Walsh, For. ADJOURNMENT: There being no further business, the Meeting adjourned at 5:59 P.M. Rocky Randels, Mayor Angela M. Apperson, MMC, Administrative Services Director CITY COUNCIL SPECIAL MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY September 16, 2014 5:30 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 5:34 P.M. and led the pledge of allegiance. ROLL CALL: Council Members Present: Council Member John Bond Council Member Bob Hoog Mayor Pro Tern Buzz Petsos Mayor Rocky Randels Council Member Betty Walsh Others Present: Administrative Services Director Angela Apperson Deputy City Clerk Mia Goforth City Attorney Anthony Garganese Finance Director John DeLeo Community & Economic Development Director Todd Morley Planning & Zoning Director David Dickey Leisure Services Director Gustavo Vergara Public Works Services Director Jeff Ratliff Public Works Services Deputy Director Lonnie Dunn Brevard County Sheriff Major Paul Ring Cape Canaveral Volunteer Fire Dept. Chief Dave Sargeant Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham PUBLIC PARTICIPATION: None. PUBLIC HEARING: 1 . Resolution No. 2014-31; adopting a Final Miilage Rate for the levy of Ad Valorem Taxes for Fiscal Year 2014/2015 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida; providing for an effective date: Attorney Garganese read the Resolution title into the record. Mayor Randels summarized the millage process. The Public Hearing was opened. Discussion ensued and included the rise in taxes this year, how the City is spending money that has not been spent before, new growth in the City, project carry-overs from last year, the New Fire Station, ad City of Cape Canaveral, Florida City Council Special Meeting September 16, 2014 Page 2 of 2 valorem taxes, capital projects, revenue from fees and the N. Atlantic Avenue Project. The Public Hearing was closed. A motion was made by Council Member Bond, seconded by Council Member Walsh, to approve Resolution No. 2014-31. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Mayor Pro Tern Petsos, For; Mayor Randels, For; and Council Member Walsh, For. 2. Ordinance No. 11-2014; adopting the Annual General Fund, Wastewater Enterprise Fund, Stormwater Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds, Capital Project Funds, and Agency Fund Budgets for the Fiscal Year beginning October 1, 2014, and ending September 30, 2015; providing for an effective date, second reading: Attorney Garganese read the Ordinance title into the record and Mayor Randels summarized the item. The Public Hearing was opened. No comments were received and the Public Hearing was closed. A motion was made by Mayor Pro Tern Petsos, seconded by Council Member Hoog, to adopt Ordinance No. 11- 2014. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Mayor Pro Tern Petsos, For; Mayor Randels, For; and Council Member Walsh, For. ADJOURNMENT: There being no further business, the Meeting adjourned at 5:54 P.M. Rocky Randels, Mayor Mia Goforth, Deputy City Clerk CITY COUNCIL REGULAR MEETING #1 CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY September 16, 2014 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:05 P.M. and led the pledge of allegiance. ROLL CALL: Council Members Present: Council Member John Bond Council Member Bob Hoog Mayor Pro Tern Buzz Petsos Mayor Rocky Randels Council Member Betty Walsh Others Present: Administrative Services Director Angela Apperson Deputy City Clerk Mia Goforth City Attorney Anthony Garganose Finance Director John DeLeo Community & Economic Development Director Todd Morley Planning & Zoning Director David Dickey Leisure Services Director Gustavo Vergara Public Works Services Director Jeff Ratliff Public Works Services Deputy Director Lonnie Dunn Brevard County Sheriff Major Paul Ring Cape Canaveral Volunteer Fire Dept. Chief Dave Sargeant Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham Mayor Randels introduced Brevard Tobacco Initiative/Students Working Against Tobacco (SWAT) representatives Renee Ruffin-Price and Lorenzo Jones who briefed Council regarding the purpose of SWAT and displayed examples of the various types of "candy flavored" tobacco products designed to entice children and young people. Mayor Randels announced a request from AT&T to approve a Statement of Unity regarding support of their campaign to find solutions to end texting and driving. Council reached consensus to sign the Statement. City of Cape Canaveral, Florida City Council Regular Meeting September 16, 2014 Page 2 of 6 Mayor Randels announced that Consent Agenda Item No. 5, regarding the Solid Waste Resolution, has been changed to an Ordinance and will be moved down on the Agenda. PUBLIC PARTICIPATION: Ray Osborne, resident, encouraged the City Council to look at heritage and archeological survey grants available from Tallahassee in light of the new development going on. Discussion ensued and included Archeological Site BR1936 and its ineligibility for NRHP (National Register of Historic Places), the site's local significance, a prior archaeological site survey in 2006, the Cabo Verde project of 2008, the request for proper excavation of the area to remove artifacts and human remains, feasibility and cost, remains found at Cape Shores and the old Porter Property. Administrative Services Director/City Clerk Angela Apperson requested Council consensus on whether they would want to move forward before Staff spends time and effort on the matter. Council discussed grant money, whether surrounding areas had ever been looked at, how these types of grants require matching grant funds, gaining access to the property and respecting private property rights. Council reached consensus to research the idea of an archeological grant and have Mr. Osborne provide more information. Mayor Randels recognized resident Eric Braga and the work being done on behalf of Cape Shores. PRESENTATIONS / INTERVIEWS: Interview Applicant Eric Larkin for appointment to the Business and Economic Development Board: City Attorney Anthony Garganese asked Mr. Larkin if all of the information on his application was true and correct, to which he replied in the affirmative. Mr. Larkin explained his desire to serve on the Board. Council Members spoke of Mr. Larkin's qualifications and;thanked him for his desire to serve. Interview Applicant Michael Moulton for appointment to the Planning & Zoning Board: City Attorney Anthony Garganese asked Mr. Moultin if all of the information on his application was true and correct, to which he replied in the affirmative. Mr. Moulton explained his desire to serve on the Board. Council Members spoke of Mr. Moulton's qualifications and thanked him for his desire to serve. CONSENT AGENDA: Mayor Randels stated there are eight Consent Agenda items now that the Solid Waste Resolution was removed. No other items were removed. 1. Approve Minutes for Regular City Council Meeting of August 19, 2014: 2. Resolution No. 2014-25; appointing Members to the Business and Economic Development Board and the Planning and Zoning Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability; and an effective date. (Eric Larkin and Mike Moulton): City of Cape Canaveral, Florida City Council Regular Meeting September 16, 2014 Page 3 of 6 3. Resolution No. 2014-26; supporting the goal of the Brevard Tobacco Initiative (BTI) and Students Working Against Tobacco (SWAT) to disseminate information, conduct educational and prevention programs and promote policy changes and enforcement with regard to tobacco; requesting local businesses to restrict the sale and marketing of all flavored tobacco products where youth have access; providing for repeal of prior inconsistent resolutions; and providing for an effective date: 4. Resolution No. 2014-27; temporarily exempting electronic signs from sign permit fees for one year from the effective date of Ordinance No..04-2014; reserving the City Council right to re-impose said fees prior to that date; providing for the repeal of prior inconsistent resolutions, severability, and an effective date: 5. Resolution No. 2014-29; 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 repeal of prior inconsistent resolutions, severability, and an effective date: 6. Resolution No. 2014-30; authorizing an addendum to the Agreement for Municipal Law Enforcement Services between the City of Cape Canaveral, Florida and Wayne Ivey, as Sheriff of Brevard County; providing for repeal of prior inconsistent resolutions, severability, and an effective date: 7. Resolution No. 2014-32; reappointing members to the Board of Adjustment, Code Enforcement Board, Culture and Leisure Services Board and Library Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability; and an effective date. (Linda Brown, Walter Godfrey, Ralph Lotspeich, Raymond Viens, Maureen Michel,'Joanna Atwood, Jean Deck and Mary Ernst): 8. Award contract for Commercial Recreational Franchise for provision of Kayak/Paddleboard Eco tours, lessons and rentals to A1A Management LLC (DBA: A1A Beach Rentals) at Banana River Park; Award contract for Commercial Recreational Franchise for Provision of Surf Instruction at the sand and beach areas within the boundaries of Johnson Avenue to the south and Jefferson Avenue to the north, to Sandy Beach Surfing, LLC.; and authorize the City Manager to sign contract for the same: A motion was made by Council Member Hoog, seconded by Council Member Walsh, for approval of the Consent Agenda with the amendment to remove Item No. 5. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; and Council Member Walsh, For. City of Cape Canaveral, Florida City Council Regular Meeting September 16, 2014 Page 4 of 6 PUBLIC HEARING: 9. Ordinance No. 13-2014; adopting a revised Solid Waste Franchise Agreement with Waste Pro of Florida, Inc. pursuant to Section 2.21(3) of the City Charter; adopting the solid waste rates set forth in the Solid Waste Franchise Agreement; providing for repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability, and an effective date, first reading: Attorney Garganese read the Ordinance title into the record and provided an explanation of how the Solid Waste Resolution was originally styled and why pursuant to the 2010 City Charter Amendments this Agreement would need to be approved by Ordinance. He further stated everything in the Agenda Packet is the same, except this Ordinance for first reading and the Public Hearing would be scheduled for the second reading. There was no discussion. A motion was made by Mayor Pro Tem Petsos, seconded by Council Member Bond, to approve Ordinance No. 13-2014 at first reading. Ms. Apperson requested the Motion to be amended for minor modifications needed between the City Attorney, the Contractor and Administrative Services. She stated there are still some technical amendments that need to be worked out. Mayor Pro Tern Petsos stated if these are minor changes, they would not make any difference between first and second reading. Ms. Apperson agreed. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Mayor Pro Tern Petsos, For; Mayor Randels, For; and Council Member Walsh, For. 10. Ordinance No. 08-2014; providing for the regulation of signage; providing for comprehensive amendments to Chapter 94, Signs, of the Code of Ordinances., amending the signage requirements for the,A1A Economic Opportunity Overlay District; providing for repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability, and effective date, second reading: Attorney Garganese read the Ordinance title into the record and explained technical amendments made between 1st and 2nd reading and set forth in this Agenda Item. The Public Hearing was opened. Attorney Kim Rezanka, representing Extreme Fun, LLC, stated they were cautiously optimistic that this Ordinance would work for them. The Public Hearing was closed. Discussion ensued and included the definition of sign and simplification of the wording. Attorney Garganese read the language change into the record as: Sign means any object, whether illuminated or non-illuminated, which is designed or intended to advertise, identify, announce, direct, or inform the public and which can be viewed by the public off-site. For purposes of this chapter, the term "sign" also includes all structural members. A motion was made by Mayor Pro Tern Petsos, seconded by Council Member Hoog, for approval of Ordinance No. 08-2014 as amended. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; and Council Member Walsh, For. 11. Ordinance No. 09-2014; affecting the use of land in the City relating to medical mariivana treatment centers, whether for medical or recreational use, and relating to pain management clinics; amending Chapter 110, Zoning, of the Cape Canaveral Code City of Cape Canaveral, Florida City Council Regular Meeting September 16, 2014 Page 5 of 6 of Ordinances to include "Medical Marijuana Treatment Centers" and "Pain Management Clinics" as Special Exceptions in the C1, C2, and M1 Zoning Districts and setting forth standards and requirements for such uses; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, second reading: Attorney Garganese read the Ordinance title into the record and explained changes to the Ordinance have been made consistent with what the City of Cocoa Beach has adopted. The Public Hearing was opened. Discussion ensued and included the legalities and options regarding the 1000 ft. rule. The Public Hearing was closed. Council discussion ensued and included how effective the Ordinance will be, the Amendment on the Ballot, the dangers of too many loopholes in the language and the number of areas that would allow a treatment center in the City by Special Exception. The Council thanked Attorney Garganese for getting the Ordinance together before the Election. A motion was made by Mayor Pro Tern Petsos, seconded by Council Member Hoog, to adopt Ordinance No. 09-2014. The motion carried 5-0 with voting as follows: Council 'Member Bond, For; Council Member Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; and Council Member Walsh, For. 12. Ordinance No. 10-2014; pursuant to Section 2.12(6) of the City Charter, authorizing the conveyance of an approximate twenty (20') foot wide strip of real property located along the rear boundary of Lot 11 of the Harbor Heights Subdivision by Quit-Claim Deed without any representations and warranties made by the City; declaring that the City of Cape Canaveral no longer has a public purpose interest in said real property and that it is in the best interests of the City to convey the real property to the owner of the adjacent property subject to the terms and conditions set forth in the Quit-Claim Deed; providing for severability, the repeal of prior inconsistent ordinances, and an effective date,.second, reading: Attorney Garganese read the Ordinance title into the record and mentioned the Quit Claim Deed is ready for execution. Mayor Randels gave a brief summary of the item. The Public Hearing was opened. Discussion ensued and included the 20 ft. easement that the City no longer needs and how the planting of trees along there would be impractical because of sewer lines. The Public Hearing was closed. A motion was made by Council Member Walsh, seconded by Council Member Bond, to adopt Ordinance No. 10-2014. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Mayor Pro Tern Petsos, For; Mayor Randels, For; and Council Member Walsh, For. 13. Authorize removal of a specimen tree at 285 Monroe Avenue: Mayor Randels provided the background of the Agenda Item. Discussion ensued and included 285 and 289 Monroe Avenue and the specimen tree located between those units out of the 4- plex there, the tree trunk impacting both properties, the repair bills due to the tree's impact on the property, property owner owns entire 4-plex, the impacts to the residents who live in the 4-plex and safety issues; the City's Building Department will give the Applicant instructions on how to proceed, trees that can be planted in place of the specimen tree, other trees on the property that may be getting into sewer and electrical lines, benefits of trees in the community, City Code contains the process for trees and City of Cape Canaveral, Florida City Council Regular Meeting September 16, 2014 Page 6of6 would be worked out between the applicant and City Staff, the City tree bank, alternate way to save the tree, how the City Arborist has determined the tree is a danger and there is rot in the base of it, removing tree and stump grinding will kill the roots. A motion was made by Council Member Bond, seconded by Council Member Hoog, to authorize removal of the specimen tree at 285 Monroe Avenue. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; and Council Member Walsh, For. 14. Obtain consensus on path forward for the North Atlantic Avenue Streetscape Project and incorporate approved changes in final engineering design: Public Works Services Deputy Directory Lonnie Dunn shared that his Department has about a dozen comment sheets that will be discussed and shared with Staff. He stated 16 people attended the Public Meeting that afternoon. Ms. Apperson requested Council approve the Designs along with any changes Staff deems feasible or appropriate and move forward with sending the Project to Bid. Discussion ensued and included plantings that need to be removed due to traffic hazards in the visibility triangle, the desire to not hold project up and the need to acquire a right-of-way now and how it is possible to go back later to beef up the project. A motion was made by Council Member Hoog, seconded by Council Member Bond, to approve the North Atlantic Streetscape Project along with Public Input where feasible. More discussion ensued and included rain water run-off from the road onto the properties that flank North Atlantic Avenue and the need to make sure the City is cognizant of that during the project and the 25ft. radius regarding existing and proposed shrubbery. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; and Council Member Walsh, For. REPORTS: Mayor Pro Tern Petsos announced he and Council Member John Bond participated in the Melbourne Regional Chamber Veterans Resource Committee 1st Annual Veteran's Stick Marsh Bass Challenge. ADJOURNMENT: There being no further business, the Meeting adjourned at 8:16 P.M. Mia Goforth, Deputy City Clerk Rocky Randels, Mayor [city seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/21/2014 Item No. 2 Subject: Approve Change Order #2 to Wm. Turnbaugh Construction, Inc., in the amount of $59,400.00 for completion of the Pedestrian Way at Manatee Sanctuary Park and an additional $2,030.50 in engineering and testing costs; and authorize the City Manager to execute the same. Department: Leisure Services Summary: The existing trail at Manatee Sanctuary Park is a coquina base and crushed granite rock surface. The existing surface is slippery and does not allow for bicycling or ease of use for individuals with special needs. At the July 15, 2014 City Council Budget Workshop Meeting, Council agreed to include the Pedestrian Way Project in Fiscal Year 2013/14 Capital Improvements Projects, but it was delayed due to weather and additional City work performed by the Contractor. Because of the proximity of when the Manatee Sanctuary Park Parking Lot improvement Project ended and the need to complete the Pedestrian Way Project, the City is realizing significant savings by not having to go through the bidding process and 1 mobilization costs. Wm. Turnbaugh Construction, Inc. has performed outstanding work for the City and their proposal (Attachment 1) was below the Engineer's original estimate for the Project (Attachment 2). The $2,030.50 figure is a combination of the proposed estimate for soil/asphalt testing (Attachment 3) plus estimated City Engineer time involved in completion of this Project. For informational purposes, Change Order #2 is attached (Attachment 4). It is Staffs recommendation to use type S-3 asphalt as it is a safe, durable material that is commonly used in these types of projects. Submitting Director: Gustavo Vergara Date: 09/29/2014 Attachments: #1Wm.Turnbaugh Proposal; #2 Ardaman & Associates Proposal; #3 Engineer's Bid Estimate; #4 Change Order Financial Impact: $59,400.00 for the Project to Wm. Turnbaugh Construction, Inc., plus an estimated $2,030.50, in engineering and testing costs to be funded by the Special Purpose Investment Account; Staff time to prepare Agenda item. Reviewed by Finance Director: John DeLeo Date: The City Manager recommends that City Council take the following actions: Approve Change Order #2 to Wm. Turnbaugh Co truction, Inc., in the amount of $59,400.00 for completion of the Pedestrian Way at Manatee Sanctuary Park and an additional $2,030.50 in engineering and testing costs; and authorize the City Manager to execute the same. Approved by City Manager: David L. Greene Date: City Council Action:[ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain ATTACHMENT 1 Wm. Turnbaugh 4910 Suapres Lane, Melbourne, FL 82904 Construction, Inc. PROPOSAL Phone: (321) 725-2530 Fax: (321) 952-1280 Mobile: (321)-258-8209 General Contractor CGC057798 Monday September 8, 2014 City of Cape Canaveral Job: Manatee Park 105 Polk Avenue 3,000 Ft.Pedway Cape Canaveral, FL 32920 Job Description: Remove existing 2-3"of Granite Rock-Haul Away Using existing in place Base Rock, Reshape Rock for Pedway w/approximately 1-2% Slope 8' Wide Tack/Prime Base Pave with 1.5"S-3 Asphalt Clean Up Debris, and Sod Edge both Sides of Pedway Total: $59.400 Approximatel 26,00 Yds.of Asphalt $26,400 Remove Gravel, Excavation Embankment Rework of existing Base, Grading & Compaction $27,200 Clean tip&Grade for Sod $ 2,200 Sod-Bahia 2000Yds.@1.80 $ 3,600 $59,400 Note**City Responsible for: Permitting Testing Any Irrigation and Underground Utilities Watering of Grass after installed by Contractor Add Base Material if needed by City Contractor to supply add Base 20 Ton Load @ $475.00 per Load. Note: This proposal may be withdrawn by us if not accepted within days. ACCEPTANCE OF PROPOSAL: The above prices,specifications,and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Date of Acceptance: Signature: ATTACHMENT 2 1 OF 2 PRELIMINARY CONSTUCTION COST ESTIMATE ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COST CITY OF CAPE CANAVERAL MANATEE PARK TRAIL SYSTEM February 6, 2014 GENERAL - The following preliminary cost estimate for the existing trail system of Manatee Park is based on the following criteria: * The existing trail system has been recently measured by City staff at approximately 3400 l.f. The width of the existing coquina on the trail system varies from 5' to 12' wide. * The current depth of the coquina base thickness has not been measured. This information will be required prior to final costs being determined. * The original plans for this trail system (prepared in 2004) showed a 6' wide pedway with 8" of compacted coquina base and a compacted subbase. (No City record drawings exist for the work.) The permitting for the trail system through the SJRWMD reflected the 6' wide trail. Modifications to this sytem should be reviewed with the District. * Estimated construction costs for this evaluation reflect local contractor price averages over the last year. * A preliminary cross section of the potential paved trail is attached. Pay Item No. Unit Sec Task Type Description QTY Unit Price Amount CONSTRUCTION DETAILS General Construction Operations MOBILIZATION/CLEANUP 1 LS 2000 00 $2,000.00 EROSION PROTECTOIN,LIMITED SILT FENCE 1 LS 1500,00 $1,500.00 SURVEY CONTROL 1 LS 5000.00 $5,000.00 Division Total $8,500.00 Base Courses BASE REGRADINGICOMPACTION 4,000 SY 2.00 ADDITIONAL BASE MATERIAL 500 SY 8.00 $4,000,00 Division Total $12,000.00 Pavement PRIME&TACK COAT FOR BASE COURSE 3,800 SY 0.75 $2,850.00 1-1/4"ASPHALT CONCRETE TYPE SP 9.5 3,800 SY 10.00 $38,000.00 Division Total $40,850.00 Incidental Construction SOD 800 SY 12.00 $9,600.00 PVC(CROSS DRAINS) 1 LS 500,00 $500.00 MARKINGS(DISTANCES) 1 LS 250,00 $250.00 Division Total $10,350.00 SUBTOTAL $71,700.00 105%CONTINGENCY $7,170.00 TOTAL $78,870.00 Notes: Any opinion of the construction cost prepared by John A.Pekar,PE,LLC(JAP),represents its judgment as a design professional and is supplied for the general guidance of the client since JAP has no control over the cost of labor and material or over competitive bidding or market conditions.JAP does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the client. PREPARED BY: John A.Pekar, PE, LLC JOHN A.PEKAR, P.E., LLC CERTIFICATION OF AUTHORIZATION NO.30197 Civil Engineering/Consulting For Client Information Only 102 Columbia Drive Suite 207 Cape Canaveral, FL 32920 Office Phone: 324-613-3959 Cell Phone: 321-2813-1040 Roni Flowe roniflowe@gemail.com Office Manager Cell Phone: 321-403-9899 ATTACHMENT 2 2 OF 2 [diagram] Typical Section of 8' Asphalt Trail Manantee Sanctuary Park ATTACHMENT 3 1 of 5 Ardaman & Associates, Inc. August 21, 2014 File No. 1421-127 Geotechnical Environmental and Revised September 25, 2014 Materials Consultants City of Cape Canaveral Leisure Services Department P.O Box 326 Cape Canaveral, Florida 32920 Phone: (321) 868-1226 Attention: Mr. Gustavo Vergara Subject: Budget Estimate for Construction Materials Testing Pedway Reconstruction Project Manatee Park Cape Canaveral, Florida Dear Mr. Vergara: Ardaman & Associates, Inc. is pleased to present this budget estimate to provide construction materials testing services on the above referenced project. It is our understanding that the proposed project will include the removal and reconstruction of the stabilized pedway at the existing park site. It is our understanding that the existing base material will be reused and asphaltic concrete pavement will be placed on the compacted base. In general the scope of our work will include performing laboratory testing of existing soils and base material, in-place density testing of soils and base during backfill, fill and compaction operations. We have assumed that we will provide the testing services on a "will call" basis. That is, we will respond to specific requests for testing made by your designated representative. Based on our experience with similar projects, we estimate a cost of $1,670.50 for construction materials testing. A summary of our testing estimate is attached. We believe that we have proposed an adequate budget to provide the needed services. However, the total cost of the testing services will be a function of the actual quantities of work performed in accordance with the attached fee schedule. Any testing not identified on the attached scope of work that is required for the project will be charged according to the unit rates presented in the attached fee schedule. However, the total estimated cost will not be exceeded without your prior authorization. We appreciate the opportunity to submit this estimate and look forward to working with you on this project. If this estimate meets your approval, please indicate your acceptance by providing us with written authorization to proceed. Please call if you have any questions or require additional information. Respectfully, ARDAMAN & ASSOCIATES, INC. [signature] Jason P. Manning, P.E. Branch Manager Attachments: Materials Testing Budget Estimate 2014 Fee Schedule 1300 N.Cocoa Boulevard.Cocoa,FL 32922 Phone(321)632-2503 FAX(321)636-4657 Louisiana: Alexandria,Baton Rouge,Monroe,New Orleans,Shreveport Florida: Bartow,Cocoa,Fort Myers,Miami,Orlando,Port Charlotte,Port St.Lucie,Sarasota,Tallahassee,Tampa,West Palm Beach ATTACHMENT 3 2 of 5 Budget Estimate Construction Materials Testing Services Pedway Reconstruction at Manatee Park Cape Canaveral, Florida TASK QUANTITY UNITS UNIT COST TOTAL COST A Subgrade and Base In-Place Density Tests Subgrade and Base Density Tests 16 each $27.00 $432.00 Laboratory Proctor Tests 2 each $89.00 $178.00 LBR Tests 1 each $320.00 $320.00 Aggregate Gradation Tests 1 each $50.00 $50.00 B. PROFESSIONAL AND TECHNICAL SERVICES Project Engineer 2.5 hours $113.00 $282.50 Engineering Technician (Sample Pick Up) 6 hours $55.00 $330.00 Technical Secretary 1.5 hours $52.00 $78.00 ESTIMATED TOTAL COST $1,670.50 Notes: 1 Cancellation of work without notice will be invoiced at the technician's hourly rate. 2 The final cost maybe higher or lower tan the estimated cost due to the acutal quantity of units requested. 3 Any testing required but not included above will be billed in accordance with the 2014 fee schedule included with our estimate. 4 Ardaman & Associates cannot be held responsible for testing that is not scheduled at least 24 hour in advance. 5 Density tests, nuclear method, minimum 4 per trip. TERMS: All invoices are due and payable upon receipt unless other arrangements have been made previously. A finance charge of 1.5%per month, which is an annual interest rate of 18%,will be paid on ail invoices not paid within 30 days.Any attorney's fees or other costs incurred in collecting any delinquent amount shall be paid by the Client. *These prices are in effect for work completed through December 31, 2014. This fee schedule will be superseded by the 2015 fee schedule for work performed after December 31, 2014. ATTACHMENT 3 3 of 5 ARDAMAN & ASSOCIATES, INC. 2014* FEE SCHEDULE COCOA BRANCH CONSTRUCTION MATERIALS TESTING AND INSPECTION SERVICES CONCRETE SAMPLING AND TESTING Cylinder samples(up to 5 cylinders per set): molding curing,and strength testing(ASTM C-31 and C-39). Include one slump(ASTM C-143)and one temperature determination. Cylinders shall be left in a place provided by the Contractor, covered with plastic caps and attempts made to provide shade thereon. If temperature of the air is critical to first 24 hours(during field curing), equipment to maintain such controls shall be provided by others. $90.00/set Additional cylinders $17.00/cylinder Technician time due to construction delays portal to portal on the date cylinders are made,per hour $55.00/hour Technician time $55.00/hour Technician time transporting cylinders from site to office if no other work is required $55.00/hour Curing and strength testing samples delivered to our laboratory(ASTM C-39) $20.00/cylinder Continuous monitoring of concrete placement and/or extra slump and temperature tests,technician time $55.00/hour Slump tests(ASTM C-143) $25.00/test Air Entrainment(ASTM C-173) $32.00/test Unit weight $41.00/test Marsh Funnel Viscosity $31.00/test Mix design $345.00/each Verification of mix design $200.00/each Fineness modules $49.00/each Plant control $67.00/hour Concrete blocks. Strength tests(determined by gross area) $60.00/block Concrete blocks. Absorption and strength tests (net area) $185.00/set of 3 Block Prism Assembly $240.00/set of 3 Flexural Strength Beams(up to 3 beams)$30.00 each additional beam $230.00/set of 3 Test beams made by others $41.00/each Grout Prisms 4/set(blocks supplied by others) $102.00/set Mortar Cubes(up to 6/set) $102.00/set FLOOR FLATNESS Equipment,Technician Time and Final Report $800.00/trip Additional Technician Time $67.00/hour SAMPLING AND TESTING OF IN-PLACE CONCRETE/SOIL CEMENT Coring and testing of cored samples: Technician time(two technicians may be required) $55.00/hour Mobilization of coring equipment With power supplied $125.00/trip Without power supplied $150.00/trip Trimming,capping and strength test(ASTM C-42) $24.00/core Depth measurement $24.00/core Shotcrete panels made by others(panel cores & strength tests) $52.00/each TERMS: All invoices are due and payable upon receipt unless other arrangements have been made previously. A finance charge of 1.5% per month, which is an annual interest rate of 18%,will be paid on all invoices not paid within 30 days.Any attorneys fees or other costs incurred in collecting any delinquent amount shall be paid by the Client. `These prices are in effect for work completed through December 31, 2014. This fee schedule will be superseded by the 2015 fee schedule for work performed after December 31, 2014. ATTACHMENT 3 4 of 5 ARDAMAN & ASSOCIATES, INC. 2014* FEE SCHEDULE COCOA BRANCH CONSTRUCTION MATERIALS TESTING AND INSPECTION SERVICES (Page Two) Concrete Cover/Reinforcing Steel Location: Equipment use $135.00/trip Technician time $67.00/hour Swiss Hammer Mobilization of equipment $52.00/trip Technician time $67.00/hour SITE PREPARATION PROCEDURES INSPECTION,SAMPLING AND TESTING SERVICES Monitoring of the removal of deleterious soils or materials Inspection of placement and compaction of fill material. Penetrometer tests. Sampling of natural or fill material Inspection of borrow areas. Engineering technician $55.00/hour Senior engineering technician $67.00/hour Density Tests: In-situ density tests,nuclear or drive sleeve method (minimum of four per trip)(local area only) $27.00/test In-situ density tests,sand cone test (minimum of three per trip)(local area only) $44.00/test Engineering technician time $55.00/hour Sampling of natural or fill material for laboratory testing;Engineering technician $55.00/hour SOIL AND ROCK LABORATORY TESTING(sampling charge not included) Standard(ASTM D-698 or Modified(ASTM D-1557)Proctor $89.00/each Moisture content(ASTM D-2216) $18.50/each Limerock Bearing Ratio $320.00/each Florida Bearing Value(FBV) $73.00/each Soil cement design $420.00/each Soil cement field pills(3/set or technician time$48.00/hour) $92.00/each California Bearing Ratio(CBR) $332.00/each ASPHALT: FIELD INSPECTION,SAMPLING AND LABORATORY TESTING Engineering technician time for field sampling $55.00/hour Coring: Mobilization of coring equipment: With power supplied $125.00/trip Without power supplied $150.00/trip Certified engineering technician to inspect preparation of base course/surface installation or plant control $67.00/hour Asphalt mix design $890.00/design Marshall Stability and Flow Test(Includes pill densities) $105.00/test Extraction and gradation tests(sampled hot) $100.00/test Extraction and gradation tests(sampled from pavement) $110.00/test Density tests $35.00/test Depth measurements $19.00/test Asphalt cores $47.00/each TERMS: All invoices are due and payable upon receipt unless other arrangements have been made previously. A finance charge of 1.5% per month, which is an annual interest rate of 18%, will be paid on all invoices not paid within 30 days. Any attorney's fees or other costs incurred in collecting any delinquent amount shall be paid by the Client. *These prices are in effect for work completed through December 31, 2014. This fee schedule will be superseded by the 2015 fee schedule for work performed after December 31, 2014. ATTACHMENT 3 5 of 5 ARDAMAN & ASSOCIATES, INC. 2014* FEE SCHEDULE COCOA BRANCH CONSTRUCTION MATERIALS TESTING AND INSPECTION SERVICES (Page Three) STRUCTURAL STEEL: Field inspection for visual examination of welds,ultrasonic testing,dye penetrant,magnetic particle,etc.by Metals technician $72.00/hour (Equipment charge determined by project) Bolt Torque $67.00/hour ROOFING: Testing of 12 x 12 inch samples(includes technician time for obtaining samples,testing and report of findings) $410.00/sample Inspection/Observations during construction $67.00/hour SPRAYED ON FIREPROOFING: Depth measurements&sampling $67.00/hour Adhesion Testing $67.00/hour Unit Weight(Lab) $63.00/sample OVERTIME AND HOLIDAY Charges will be increased 25% for work performed during weekends and official holidays SUB-CONTRACTING SERVICES Cost Plus 15% ENGINEERING CONSULTATION SERVICES Senior Project Engineer $133.00/hour Project Engineer $120.00/hour Assistant Project Engineer $100.00/hour Senior Engineering Technician $67.00/hour Engineering Technician $55.00/hour Technical Draftsman $57.00/hour Technical Secretary $52.00/hour TERMS: All invoices are due and payable upon receipt unless other arrangements have been made previously. A finance charge of 1.5% per month, which is an annual interest rate of 18%, will be paid on all invoices not paid within 30 days.Any attomey's fees or other costs incurred in collecting any delinquent amount shall be paid by the Client. *These prices are in effect for work completed through December 31, 2014.This fee schedule will be superseded by the 2015 fee schedule for work performed after December 31, 2014. ATTACHMENT 4 MANATEE PARK PEDWAY CHANGE ORDER (City of Cape Canaveral Purchase Order#0000010352) September 24, 2014 Gustavo Vergara Leisure Services Director City of Cape Canaveral 105 Polk Ave Cape Canaveral, Fl 32920 CONTRACT INCREASE - $59,400 Manatee Park Pedway: Contractor to prepare 8' wide Park pedway surface, and pave with 1.5" of S-3 asphalt. Work will include edge sod placement with some possible base material additions. Work will be on existing Park pedway, approximately 3,000' in.length. See Attached Proposal (dated September 8,2014) Wm. Turnbaugh Construction, Inc. City of Cape Canaveral BY: BY: Date: Date: City of Cape Canaveral City Council Agenda Form [city seal] City Council Meeting Date: 10/21/2014 Item No. 3 Subject: Approve the First Addendum to the Lease Agreement for the Fire Station (190 Jackson Ave.). Department: Administrative Services Summary: The Lease for the new Fire Station was executed on October 15, 2013 (Attachment #1) as a part of the property acquisition. The new Station is now complete and Cape Canaveral Volunteer Fire Department, Inc. (CCVFD) has taken possession. Paragraph 7, Liability, of the Lease needs to be amended to allow CCVFD to insure the Fire Station against loss or damage. The City will be named as an additional insured. The amendment also allows the City to purchase insurance if for some reason CCVFD fails to do so. The Amendment to the Agreement is Attachment #2. Submitting Department Director: Angela Apperson Date: 10/8/2014 Attachments: #1 — Lease Agreement Fire Station (190 Jackson Avenue) #2 — First Addendum Lease Agreement Fire Station (190 Jackson Ave.) Financial Impact: The Contract for Services with CCVFD requires the City either pay for or reimburse CCVFD for the Insurance, therefore, the only fiscal impact is the cost to prepare the Addendum and Agenda Item. Reviewed by Financial Services Director: John DeLeo Date: 10/9/14 The City Manager recommends that City Council take the following action: Approve the First Addendum to the Lease Agreement for the Fire Station (190 Jackson Ave.). Approved by City Manager: David L. Greene Date: 10/9/14 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Attachment 1 LEASE AGREEMENT FIRE STATION (190 JACKSON AVE.) This Agreement is made this 15th day of October,2013,to be effective for the term stated herein, by and between the CITY OF CAPE CANAVERAL, the Lessor, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as"CITY,"and CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT,INC., the Lessee, a Florida non-profit corporation, hereinafter referred to as "FIRE DEPARTMENT'. WITNESSETH WHEREAS,in accordance with an Agreement for Deed,dated January 17,2012,the FIRE DEPARTMENT has conveyed the fire station located at 190 Jackson Avenue to the CITY, subject to the CITY constructing a new fire station on the property within 3 years and utilizing the FIRE DEPARTMENT for fire protection services for 20 years following the issuance of a certificate of occupancy for the new fire station; and WHEREAS, in furtherance of this conveyance the CITY has agreed to lease to the FIRE DEPARTMENT the new fire station once constructed, located at 190 Jackson Avenue. NOW,THEREFORE,in consideration of the mutual terms,conditions, promises,covenants and payments hereinafter set forth, the CITY and the FIRE DEPARTMENT agree as follows: 1. LEASED PREMISES Legal Description: Lots 7, 8, 15 and 16, Block 25, Avon By The Sea, a subdivision according to the plat thereof recorded at Plat Book 3, Page 7, in the Public Records of Brevard County, Florida. Physical Address: 190 Jackson Avenue, Cape Canaveral, FL 2. TERM The term of this lease agreement shall run concurrently with the FIRE DEPARTMENT providing fire protection and emergency medical services to the CITY. Said service shall be provided in accordance with Section 4.05 of the Cape Canaveral City Charter and the Agreement for Fire Protection Services approved by the FIRE DEPARTMENT and the CITY per City Resolution No.2007-27,as may be amended from time to time. Should the CITY terminate the services of the FIRE DEPARTMENT in accordance with applicable law and agreement between the parties, or the FIRE DEPARTMENT is no longer willing or able to provide fire protection services to the CITY,this lease agreement shall be deemed terminated at such time the agreement between the parties is deemed terminated. Upon termination of this lease agreement,the FIRE DEPARTMENT shall vacate the fire station and property within thirty (30) days of said termination. 3. RENTAL The FIRE DEPARTMENT shall pay the CITY the sum of one dollar and no cents ($1.00) annually. 4. REPAIRS AND MAINTENANCE The FIRE DEPARTMENT agrees to maintain, at its expense,during the term of this Agreement the fire station and property in a clean condition, free from debris, normal wear and tear excepted. In addition, the FIRE DEPARTMENT shall be responsible for maintenance services for the grounds and structural portion of the buildings including, but not limited to, such items as perimeter roll-up doors, electrical system, underground storage tanks, HVAC, fire alarm/sprinkler system testing and inspection pest control,emergency generator power, roof repairs,doors, windows, walls and plumbing up to $500.00 per service call or incident. For each service call or incident, the CITY will be responsible for any maintenance charges exceeding $500.00, if any. The FIRE DEPARTMENT shall also maintain, at its expense, all other portions of the building including daily cleaning, daily janitorial and custodial services,carpet,appliances, interior wall coverings,exterior doors,all furniture and fixtures and other such building items. 5. STRUCTURAL CHANGES OR MODIFICATIONS BY FIRE DEPARTMENT FIRE DEPARTMENT shall not make any changes, modifications, or capital improvements to the Station unless such changes, modifications, or capital improvements are submitted to the CITY for review and approval. Any and all such changes, modifications,or capital improvements will be permitted and constructed by mutual agreement and under all requirements of the CITY's building codes. This provision shall not apply to CITY initiated changes, modifications, or capital improvements to the station. 6. UTILITIES The FIRE DEPARTMENT agrees to pay all utilities including, but not be limited to electric, water, cable, sewer, and solid waste removal through the term of this Agreement. 7. LIABILITY FIRE DEPARTMENT assumes all liability for any and all losses and claims for damages as the result of its operations at this fire station. FIRE DEPARTMENT agrees to defend, indemnify and hold the CITY harmless for all such losses and claims for damages as permitted by law.The FIRE DEPARTMENT shall purchase 2 and maintain at all times during the term of this lease agreement, commercial liability insurance to finance such losses and the CITY shall be listed as an additional insured on all such insurance policies. It shall be understood that any such insurance maintained by the FIRE DEPARTMENT shall be primary over any existing CITY insurance for losses and claims for damages arising out of the acts and omissions of the FIRE DEPARTMENT operating the fire station. The FIRE DEPARTMENT shall also assume all liability for any and all losses,damage,thefts, or liabilities regarding its own equipment and the possessions of their employees while occupying the fire station. FIRE DEPARTMENT agrees to defend, indemnify and hold the CITY harmless for all such losses, damages, thefts and claims as permitted by law. 8. CONTINUED USE The FIRE DEPARTMENT agrees that the fire station will only be used for purposes of permitting the FIRE DEPARTMENT to provide fire protection and emergency medical services. The FIRE DEPARTMENT will not close, vacate, relocate or change the use of fire station without the prior written approval of the CITY. The CITY reserves the right to inspect the fire station and property at any time by providing reasonable notice to the FIRE DEPARTMENT and to use the fire station and property provided said use does not unreasonably interfere with the FIRE DEPARTMENT's use for fire protection and emergency medical services. However, It is acknowledged and agreed by the parties that the existing fire station will be closed and vacated by November 1, 2013 unless otherwise authorized in wilting by the City. Upon issuance of the certificate of occupancy for the new fire station, the FIRE DEPARTMENT will promptly occupy and operate the new fire station. 9. NOTICES All notices required hereunder shall be by first class mail, except that any Notice of Termination shall be mailed return receipt requested.Any notice hereunder shall be addressed to the party intended to receive same at the following addresses: For the CITY: City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 For the FIRE DEPARTMENT: Chief/CEO Cape Canaveral Volunteer Fire Department, Inc. 190 Jackson Avenue Cape Canaveral, FL 32920 3 10. PUBLIC RECORDS in accordance with section 119.0701,Florida Statutes, FIRE DEPARTMENT agrees that all documents, transactions, writings, papers, letters, tapes, photographs, sound recordings, data processing software, or other material, regardless of the physical form,characteristics, or means of transmission,made or received pursuant to this Agreement or in connection with any funds provided by the CITY pursuant to this Agreement may be considered public records pursuant to Chapter 119, Florida Statutes. FIRE DEPARTMENT agrees to keep and maintain any and all public records that ordinarily and necessarily would be required by the CITY in order to perform the services required by this Agreement. FIRE DEPARTMENT also agrees to provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes,or as otherwise provided by law. FIRE DEPARTMENT shall also ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. In addition, FIRE DEPARTMENT shall meet all requirements for retaining public records and transfer, at no cost,to the CITY all public records in possession of the FIRE DEPARTMENT upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. If FIRE DEPARTMENT does not comply with a public records request, the CITY shall have the right to enforce the provisions of this Paragraph. In the event that FIRE DEPARTMENT fails to comply with the provisions of this Paragraph by acting frivolously or in bad faith,or the FIRE DEPARTMENT erroneously withholds public records by intentionally taking a public records exemption legal position which is contrary to the CITY's legal position that the records are subject to public disclosure, and the CITY suffers a third party award of attorney's fees and/or damages for violating the provisions of Chapter 119, Florida Statutes due to FIRE DEPARTMENT's failure to comply with the provisions of this Paragraph as stated above, the CITY shall be entitled to reimbursement of the third party award from the FIRE DEPARTMENT. This Paragraph shall survive the termination of this Agreement. 11. SOVEREIGN IMMUNITY Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the CITY's right to sovereign immunity under section 768.28, Florida Statutes,or other limitations imposed on the CITY's potential liability under state or federal law. As such,the CITY shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further,the CITY shall not be liable for any claim or judgment,or portion 4 thereof, to any one person for more than two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of three hundred thousand dollars ($300,000.00). This paragraph shall survive termination of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused their respective representatives to execute this instrument on their behalf, at the time set forth below. CAPE CANAVERAL VOLUNTEER FIRE CITY OF CAPE CANAVERAL, FLORIDA DEPARTMENT, INC. By: [signature] By: [signature] David Sargeant, David L. Greene, City Manager Chief Executive Officer [seal] [seal] ATTEST: ATTEST: [signature] By: [signature] Angela Apperson, City Clerk Approved as to Form and Legal Sufficiency: Approved as to Form and Legal Sufficiency: [signature] [signature] Fire Department Attorney City Attorney 5 Attachment 2 FIRST ADDENDUM LEASE AGREEMENT FIRE STATION (190 JACKSON AVE.) This First Addendum is made this day of October, 2014, to be effective for the term stated herein, by and between the CITY OF CAPE CANAVERAL, the Lessor,a municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as"CITY,"and CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., the Lessee, a Florida non-profit corporation, hereinafter referred to as "FIRE DEPARTMENT". WITNESSETH WHEREAS, the parties previously entered into that certain Lease Agreement Fire Station (190 Jackson Ave), dated October 15, 2013 ("Lease"); and WHEREAS, the parties desire to amend the Lease to clarify that the Fire Department will be required to insure the fire station building against loss or damage; and NOW,THEREFORE,in consideration of the mutual terms,conditions, promises,covenants and payments hereinafter set forth, the CITY and the FIRE DEPARTMENT agree as follows: 1. Paragraph 7 Liability of the Lease shall hereby be amended to add the following underlined text: FIRE DEPARTMENT assumes all liability for any and all losses and claims for damages as the result of its operations at this fire station. FIRE DEPARTMENT agrees to defend, indemnify and hold the CITY harmless for all such losses and claims for damages as permitted by law. The FIRE DEPARTMENT shall purchase and maintain at all times during the term of this lease agreement, commercial liability insurance to finance such losses and the CITY shall be listed as an additional insured on all such insurance policies. It shall be understood that any such insurance maintained by the FIRE DEPARTMENT shall be primary over any existing CITY insurance for losses and claims for damages arising out of the acts and omissions of the FIRE DEPARTMENT operating the fire station. The FIRE DEPARTMENT shall also assume all liability for any and all losses, damage,thefts, or liabilities regarding its own equipment and the possessions of their employees while occupying the fire station. FIRE DEPARTMENT agrees to defend, indemnify and hold the CITY harmless for all such losses, damages, thefts and claims as permitted by law. In addition, the FIRE DEPARTMENT shall purchase and maintain at all times during the term of this lease agreement, property insurance to insure the fire station against loss or damage.The property insurance carrier must be mutually acceptable to the parties. FIRE DEPARTMENT shall provide the CITY evidence of such insurance by maintaining on file with the City Manager a current Evidence of Property Insurance form (listing the City as a Loss Payee) and a Certificate of 1 Insurance form (listing the City as additional named insured). If the FIRE DEPARTMENT fails to maintain the property insurance at any time during the term of this Lease, the CITY reserves the right to purchase such property insurance and the FIRE DEPARTMENT shall reimburse the CITY for the actual cost incurred by the CITY to purchase said insurance. 2. All other terms and conditions of the Lease not modified by this First Addendum shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused their respective representatives to execute this instrument on their behalf, at the time set forth below. CAPE CANAVERAL VOLUNTEER FIRE CITY OF CAPE CANAVERAL, FLORIDA DEPARTMENT, INC. By: By: David Sargeant, David L. Greene, City Manager Chief Executive Officer ATTEST: ATTEST: By: Angela Apperson, City Clerk Approved as to Form and Legal Sufficiency: Approved as to Form and Legal Sufficiency: Fire Department Attorney City Attorney 2 City of Cape Canaveral City Council Agenda Form [city seal] City Council Meeting Date: 10/21/2014 Item No. 4 Subject: Resolution No. 2014-33; revising the Addendum to the Agreement for Municipal Law Enforcement Services between the City of Cape Canaveral, Florida and Wayne Ivey, as Sheriff of Brevard County; providing for the repeal of prior, inconsistent resolutions; and an effective date. Department: Legislative Summary: On September 16, 2014, Resolution No. 2014-30 (Attachment 1) approving the Addendum between the City and the Brevard County Sheriff's Office (BCSO) was adopted. The compensation to be paid to BCSO for Fiscal Year 2014/2015 would be $2,360,545.00 with payments made to BCSO by the City in twelve equal installments of $186,045.42. This represented the total contract price of $2,360,545.00 minus $128,000.00 credit for services provided to Avon-by-the Sea for a net cost of $2,232,545.00 for FY 2014/2015. During the period the above Addendum was approved, uncertainty existed with the protective services agreement being negotiated between BCSO and Port Canaveral, and the impact on the City's rate. Those negotiations are completed and the final contract figures are set forth in Resolution No. 2014-33 (Attachment 2). Overall, the City has received a reduction in the contract cost. The revised Addendum reflects a total sum of $2,360,545.00, with an adjusted increase to payments made to BCSO in twelve equal installments of $196,712.08 versus $186,045.42. Submitting Department Director: Angela M. Apperson Date: 10/13/2014 Attachments: 1 . Resolution No. 2014-30 with Addendum 2. Resolution No. 2014-33 with Addendum Financial Impact: As reflected in the City's 2014/2015 Annual Budget and in the addendum to the BCSO Agreement, the compensation to be paid to BCSO shall be $2,360,545.00, with payments being made to BCSO in twelve equal installments of $196,712.08; an increase of $10,666.66 a month. Any financial impact to the City will be addressed during the course of FY 2014/2015. Reviewed by Finance Director: John DeLeo Date: 10/13/14 The City Manager recommends that City Council take the following action: Adopt Resolution No. 2014-33. Approved by City Manager: David L. Greene Date: 10/13/14 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Attachment 1 RESOLUTION NO. 2014-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING AN ADDENDUM TO THE AGREEMENT FOR MUNICIPAL LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND WAYNE IVEY, AS SHERIFF OF BREVARD COUNTY; PROVIDING FOR THE REPEAL OF PRIOR, INCONSISTENT RESOLUTIONS,SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS,the City of Cape Canaveral desires to have the Sheriff provide Municipal Law Enforcement Services;and WHEREAS,said Agreement contains a two(2)year term commencing on October 1,2013 and ending September 30, 2015, 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 addendum for Municipal Law Enforcement Services between the City of Cape Canaveral and the Sheriff to provide services for the contract year October 1, 2014 through September 30, 2015. A copy of said addendum 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 Resolution No. 2014-30 Page 2 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 16th day of September, 2014 Rocky Randels, Mayor ATTEST: Name For Against [seal] Angela Apperson, MMC, Assistant John Bond X City Manager/City Clerk Robert Hoog Motion Buzz Petsos X Rocky Randels X Betty Walsh Second Approved as to legal form and sufficiency for the City of Cape Canaveral only by: [signature] Anthony A. Garganese, City Attorney Res. No.2014-30 Addendum ADDENDUM CAPE CANAVERAL LAW ENFORCEMENT AGREEMENT THIS ADDENDUM is entered into this I" day of October 2014, by and between the CITY OF CAPE CANAVERAL, FLORIDA, (hereinafter `'City"), and WAYNE IVEY, IN HIS CAPACITY AS THE SHERIFF OF BREVARD COUNTY, FLORIDA, a county constitutional officer and a county charter officer, (hereinafter called the"Sheriff'or"BCSO"). WHEREAS, the Sheriff currently provides for municipal law enforcement services to the City and its citizens pursuant to that certain Cape Canaveral Law Enforcement Agreement approved by the parties and memorialized in writing by City Resolution No. 2013-22, as may be amended from time to time, (hereinafter"Agreement"); and WHEREAS, the Agreement contains a two (2) year term commencing October 1, 2013 and ending September 30, 2015, and provides the City and the Sheriff shall renegotiate the compensation to be paid by the City to BCSO each year for the term of the contract; and WHEREAS, the Agreement requires that written agreement as to the compensation paid by the CITY to BSCO for each year be in force by October l'of the affected year,or the fee will be equal to that of the previous year, plus 4% for operational increases subject to adjustment by mutual agreement after the commencement of the fiscal year and after the City approves a budget; and WHEREAS, in accordance with the Agreement, the parties desire to establish the compensation to be paid by the City to BCSO for fiscal year 2014/2015 in accordance with the City's annual budget process: and WHEREAS, the parties desire to amend the Agreement for purposes of adopting the base contract price for the City's fiscal year 2014/2015; and NOW THEREFORE, in consideration of mutual promises, and other lawful consideration, which the parties hereby acknowledge is sufficient and received, the City and the BCSO agree as follows: 1.0 The foregoing recitals are hereby deemed true and correct and are hereby fully incorporated herein by this reference. 2.0 Pursuant to Article VII of the Agreement, the compensation to be paid by the CITY to BCSO for Fiscal Year 2014/2015 shall be the sum of$2,232,545. Payments shall be made to BCSO by the City in twelve equal monthly installments of$186,045.42 payable on or before the first day of each month. 3.0 The Agreement is hereby ratified and shall remain in full force and effect provided, however, the terms and conditions of the Agreement which are modified by this Addendum are repealed and superseded by the provisions set forth herein. On a periodic basis the parties agree to cooperate and meet to discuss updates and revisions, 1 | Page Res.No.2014-30 Addendum 4.0 The undersigned signatories hereby represent for their respective entities that they are duly authorized to execute this Addendum on behalf of their respective entity. Further, upon execution of this Addendum, the Addendum shall be deemed a binding obligation on the respective entity on whose behalf they have executed the Addendum. IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by their duly authorized representatives as of the date first written above. CITY: BCSO: CITY OF CAPE CANAVERAL WAYNE IVEY, SHERIFF OF BREVARD COUNTY,FLORIDA Rocky Randels,Mayor Wayne Ivey, Sheriff Date: 9/16/14 Date: ATTEST: Angela Apperson, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE CITY OF CAPE CANAVERAL ONLY: Anthony A. Garganese, City Attorney Date: 9/16/14 2 | Page Attachment 2 RESOLUTION NO. 2014-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REVISING THE ADDENDUM TO THE AGREEMENT FOR MUNICIPAL LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND WAYNE IVEY, AS SHERIFF OF BREVARD COUNTY; PROVIDING FOR THE REPEAL OF PRIOR, INCONSISTENT RESOLUTIONS; AND AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral desires to have the Sheriff provide Municipal Law Enforcement Services; and WHEREAS, said Agreement contains a two (2) year term commencing on October 1, 2013 and ending September 30, 2015, 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 a revised addendum for Municipal Law Enforcement Services between the City of Cape Canaveral and the Sheriff to provide services for the contract year October 1, 2014 through September 30, 2015. A copy of said revised addendum is attached hereto and made a part hereof by this reference as if fully set forth. City of Cape Canaveral Resolution No. 2014-33 Page 1 of 2 SECTION 2. 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 3. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 21st day of October, 2014. Rocky Randels, Mayor ATTEST: Name For Against Angela Apperson John Bond City Clerk Robert Hoog 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. 2014-33 Page 2 of 2 Res.No.2014-33 Addendum ADDENDUM CAPE CANAVERAL LAW ENFORCEMENT AGREEMENT THIS ADDENDUM is entered into this day of October 2014, by and between the CITY OF CAPE CANAVERAL, FLORIDA (hereinafter "City") and WAYNE IVEY, IN HIS CAPACITY AS THE SHERIFF OF BREVARD COUNTY, FLORIDA, a county constitutional officer and a county charter officer(hereinafter called the"Sheriff"or"BCSO"). WHEREAS, the Sheriff currently provides municipal law enforcement services to the City and its citizens pursuant to that certain Cape Canaveral Law Enforcement Agreement approved by the parties and memorialized in writing by City Resolution No. 2013-22, as may be amended from time to time (hereinafter"Agreement"); and WHEREAS, the Agreement contains a two (2) year term commencing October 1, 2013 and ending September 20, 2015, and provides the City and the Sheriff shall renegotiate the compensation to be paid by the City to BCSO each year for the term of the contract; and WHEREAS, the Agreement requires that written agreement as to the compensation paid by the CITY to BSCO for each year be in force by October 1st of the affected year, or the fee will be equal to that of the previous year, plus 4% for operational increases subject to adjustment by mutual agreement after the commencement of the fiscal year and after the City approves a budget; and WHEREAS, in accordance with the Agreement, the parties desire to establish the compensation to be paid by the City to BCSO for fiscal year 2014/2015 in accordance with the City's annual budget process; and WHEREAS, the parties desire to amend the Agreement for purposes of adopting the base contract price for the City's fiscal year 2014/2015; and NOW THEREFORE, in consideration of mutual promises, and other lawful consideration, which the parties hereby acknowledge is sufficient and received, the City and the BCSO agree as follows: 1.0 The foregoing recitals are hereby deemed true and correct and are hereby fully incorporated herein by this reference. 2.0 Pursuant to Article VII of the Agreement, the compensation to be paid by the CITY to BCSO for Fiscal Year 2014/2015 shall be the sum of $2,360,545.00. Payments shall be made to the BCSO by the City in twelve equal monthly installments of $196,712.08, payable on or before the first day of each month. 3.0 The Agreement is hereby ratified and shall remain in full force and effect provided, however, the terms and conditions of the Agreement which are modified by this Addendum are repealed and superseded by the provisions set forth herein. On a periodic basis, the parties agree to cooperate and meet to discuss updates and revisions. 1 I Page Res.No.2014-33 Addendum 4.0 The undersigned signatories hereby represent for their respective entities that they are duly authorized to execute this Addendum on behalf of their respective entity. Further, upon execution of this Addendum, the Addendum shall be deemed a binding obligation on the respective entity on whose behalf they have executed the Addendum. IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by their duly authorized representatives as of the date first written above. CITY: BCSO: CITY OF CAPE CANAVERAL WAYNE IVEY, SHERIFF OF BREVARD COUNTY, FLORIDA Rocky Randels, Mayor Wayne Ivey, Sheriff Date: Date: ATTEST: Angela Apperson, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE CITY OF CAPE CANAVERAL Anthony A. Garganese, City Attorney Date: 2 | Page City of Cape Canaveral [city seal] City Council Agenda Form City Council Meeting Date: 10/21/2014 Item No. 5 Subject: Resolution No. 2014-34; reappointing a Member to the Business and Economic Development Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability; and an effective date. (Melanie Evans) Department: Legislative Summary: Melanie Evans has served on the Business and Economic Development Board since November 2012. This reappointment begins her first (3) three-year term allowed under the limits referenced in the Code and below. The City Clerk's Office received an Expiration Notice back from Ms. Evens of her desire to continue serving on the Business and Economic Development Board. Per City Code of Ordinances Sec. 2-171 (f) Term, all Board and Committee Members shall be appointed to serve a three-year term and may be reappointed by the City Council for one additional three-year term. There shall be no limit on the total number of terms a Board or Committee Member may serve, except no person shall be appointed to more than two consecutive terms on the same board or committee unless no other qualified applicants submit applications seeking appointment. Notwithstanding, the City Council may appoint a Member to a term of less than three years in order to stagger the terms of the entire board or committee. If a Member is removed, or vacates their appointment for any reason, including death, excessive absence or resignation prior to the expiration of their term, the City Council may at its discretion appoint an individual to serve the remaining portion of the unexpired term. It is now incumbent upon the City Council to reappoint Ms. Evans by Resolution No. 2014-34. Submitting Department Director: Angela Apperson Date: 10-3-2014 Attachment: Resolution. No. 2014-34 Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Finance Director: John DeLeo Date: 10/6/14 The City Manager recommends that City Council take the following action: Adopt Resolution No. 2014-34. Approved by City Manager: David L. Greene Date: 10/6/14 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain RESOLUTION 2014-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING A MEMBER TO THE BUSINESS AND ECONOMIC DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida has by Section 22- 27, Cape Canaveral City Code, established a board known as the Business and Economic Development Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to reappoint Member to said Board. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. Section 2. Appointment to Business and Economic Development Board. Pursuant to Section 2-171(e) of the Cape Canaveral City Code, the City Council of the City of Cape Canaveral hereby reappoints the following individual to the Cape Canaveral Board indicated below: Melanie Evans shall be reappointed to the Business and Economic Development Board, to serve until November 1, 2017. Following completion of their initial term, the appointee shall be eligible for reappointment to the Business and Economic Development Board for an additional term consistent with the limitations set forth in section 2-171(f), City Code. 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. 2014-34 Page 1 of 2 ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 21st day of October, 2014. Rocky Randels, Mayor ATTEST: Name FOR AGAINST John Bond Angela Apperson, City Clerk Bob Hoog 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.2014-34 Page 2 of 2 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/21/2014 Item No. 6 Subject: Resolution No. 2014-35; appointing a Member to the Culture and Leisure Services Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability; and an effective date. (Maria "Mickie" Kellum) Department: Legislative Summary: On September 23, 2014, the Culture and Leisure Services Board interviewed Maria (Mickie) Kellum to fill a vacancy. Based on Ms. Kellum's civic interests and previous experience, the Board recommends that she be appointed by the City Council. Per City Code of Ordinances Sec. 2-171 (f) Term, all Board and Committee Members shall be appointed to serve a three-year term and may be reappointed by the City Council for one additional three-year term. There shall be no limit on the total number of terms a Board or Committee Member may serve, except no person shall be appointed to more than two consecutive terms on the same board or committee unless no other qualified applicants submit applications seeking appointment. Notwithstanding, the City Council may appoint a Member to a term of less than three years in order to stagger the terms of the entire board or committee. If a Member is removed, or vacates their appointment for any reason, including death, excessive absence or resignation prior to the expiration of their term, the City Council may at its discretion appoint an individual to serve the remaining portion of the unexpired term. After having conducted an interview at tonight's meeting of Applicant Maria (Mickie) Kellum, it is now incumbent upon the City Council to appoint a Member to the Culture and Leisure Services Board. Submitting Department Director: Angela Apperson Date: 10-3-2014 Attachment: Resolution, No. 2014-35 Financial Impact: Staff time to prepare item. Reviewed by Finance Director: John DeLeo Date: 10/6/14 The City Manager recommends that City Council take the following action: Adopt Resolution No. 2014-35. Approved by City Manager: David L. Greene Date: 10/6/14 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain RESOLUTION 2013-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A MEMBER TO THE CULTURE AND LEISURE SERVICES BOARD OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida has by Section 54- 26, Cape Canaveral City Code, established a board known as the Culture and Leisure Services Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint a Member to said Board. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. Section 2. Appointment to the Culture and Leisure Services Board. Pursuant to Section 2-171(e) of the Cape Canaveral City Code, the City Council of the City of Cape Canaveral hereby appoints the following individual to the Cape Canaveral Board indicated below: Maria Kellum to the Cape Canaveral Culture and Leisure Services Board, to serve until November 1, 2017. Following completion of their initial term, the appointee shall be eligible for reappointment to the Culture and Leisure Services Board for an additional term consistent with the limitations set forth in section 2-171(f), City Code. 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. 2013-35 Page 1 of 2 ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 21st day of October, 2014. Rocky Randels, Mayor ATTEST: Name FOR AGAINST John Bond Angela Apperson, City Clerk Bob Hoog 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.2013-35 Page 2 of 2 City of Cape Canaveral City Council Agenda Form [city seal] City Council Meeting Date: 10/21/2014 Item No. 7 Subject: Ordinance No. 13-2014, adopting a revised Solid Waste Franchise Agreement with Waste Pro of Florida, Inc. pursuant to Section 2.12(3) of the City Charter; adopting the Solid Waste Rates set forth in the Solid Waste Franchise Agreement; providing for repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, second reading. Department: Administrative Services Summary: In 2009, the City published a Request for Proposals for Solid Waste Services. On July 21, 2009, the City Council requested the City Manager negotiate a contract with Waste Pro of Florida, Inc. Resolution No. 2009-24, adopting a solid waste agreement, rates and a Memorandum of Agreement was approved by the City Council on August 4, 2009. The contract term is from 10/1/2009 to 09/30/2014 with two five (5) year renewals. On 7/19/2011, the City and the Contractor mutually agreed to amend the Agreement to streamline/simplify billing for Commercial customers to include the billing for wheels and lock bars services provided by Waste Pro. Over the five years of the contract period, the rates have increased 8.84%, which represents CPI for each year. City Staff and Waste Pro have negotiated a Renewal Agreement, which incorporates the prior Agreement, the Memorandum of Agreement and the 2011 amendment into one document. The Renewal Agreement was initially presented as Resolution No. 2014-28; however, at the September 16, 2014 Council meeting it was re-titled to Ordinance No. 13-2014. The Renewal Agreement is attached to Ordinance No. 13- 2014 (Attachment #1). Changes are represented with a single underline/strikeout. The highlights are as follows: • Definitions (2.0): • Clarified Commercial Service. • Changed CPI reference category from D to B/C. • Added E-Waste. • Clarified Recycling Container. • Changed Refuse Container to require the Contractor to retain ownership of the carts. • Changed Residential to include multiple dwelling units and mobile home/RV parks. • Clarified Residential service to be consistent with change to Residential. • Clarified Vegetative Waste to require hired contractors and landscapers to haul away debris produced by their activities. • Grant or Franchise (3.01 — increases the exclusive franchise from collection and transporting solid waste to include construction and demolition debris. • Holidays (4.1F) — The Contractor currently collects waste on most holidays. The renewal contract allows for flexibility of collection on holidays which they do not collect waste. Advanced notification of Customers is required. Methods of notification include Newspaper, City website, marquee and citizen notification system (aka — Blackboard Connect). • Litter and Dan.erous Animals 4.1H — added a requirement for Contractor to City Council Meeting Date: 10/21/2014 Item No. 7 Page 2 of 4 pick up/dispose of "road kill". • Residential Service (4.2) — requires payment for collection of yard waste exceeding collection standards. • Commercial Service (4.3) — requires payment for collection of yard waste exceeding collection standards. • Multiple Dwelling Units (4.4) — requires payment for collection of yard waste exceeding collection standards. • City Controlled Property (4.5) — continues the free service the City receives for all City property listed in Exhibit "B", to the renewal Agreement (Attachment #2). • Construction and Demolition Debris Service (4.7) — provides the exclusive right 1 for collection of construction and demolition debris, with the exception of contractors hauling their own construction and demolition debris. • Tire Collection (4.10) — limits the collection to four tires per household per year. • Rates and Charges (5.0) — Attachment #3 shows solid waste rates for several Municipalities within Brevard County as well as tax rate information for same. This table indicates the City is positioned very favorably and competitively. All increases or changes will begin with the January 2015 billing. Exhibit "A", to the Agreement (see Attachment #1) is the entire rate schedule. A summary of changes: • The City will only pay the contractor the amounts collected rather than the amounts billed. Over the contract life, the variance is a negative $2,350; however, from July 2013 to July 2014 the variance is a positive $176. With this change, the City will no longer absorb any variance. • Rates increase annually by the CPI for the life of the contract. • Some condos, apartments and mobile home/RV parks pay landscape/grounds maintenance companies for work on their properties. These contractors are obligated to remove debris created by their work. However, Waste Pro advises that over the past five years they have collected vegetative waste from all facilities without charge. Some facilities have routine collections others occasional. To compensate Waste Pro for services provided, the following changes will occur in addition to the CPI increase: • Mobile home/RV parks will be charged the same rates as single family (SFR1). This will then include the pickup of vegetative waste which meets the collection standards, single stream recycling service and will eliminate the payment for two billing fees. The net increase for each mobile home unit is $2.57 per month. • Condos, apartments and mobile home/RV parks utilizing commercial service (dumpsters) currently pay separately for Recycling Service at a rate of $1.91 per unit. The Recycling Service Fee will increase to include a $1.00 charge per unit for vegetative waste collection. The total charge will be $2.91 per unit. • The Contractor will pay the City a yearly $100,000 Franchise Fee and the fee will increase annually by the CPI. The Fee shall not be passed along to the customer. This furthers Council goals to diversify revenue streams City Council Meeting Date: 10/21/2014 Item No. 7 Page 3 of 4 and reduces reliance upon Ad Valorem Taxes by charging users for services provided. • Performance Bond (12.0) — the Bond must be issued by a surety with an A- or higher rating. The Bond or letter of credit shall be forfeited as liquidated damages if the contractor abandons or cancels with less than 180 days written notice. The prior contract had no requirement for surety rating and only required forfeiture for less than 90 days' notice. • Commercial General Liability (16.7) — added a requirement for S2,000,000 aggregate liability and excess liability of $5,000,000 each occurrence. • Books and Records Available to City (19.0) — changed language to meet requirements of Florida Statute Section 119.0701 , which requires Contractor's records related to the contract to be public records and removed the requirement for a quarterly report. • Effective Date/Term (23.0) — The Contract is effective 10/1/2014 to 09/30/19 and provides additional five (5) year renewals by mutual agreement. • Liquidated Damages (25.0) — most fees were doubled. • Title to Refuse (29.0) — restructured to allow the contractor to own the materials once they are collected. There is no loss in revenue because the recycling must be hauled out of the county and the cost of collection exceeds revenue paid for the materials. • Public Awareness Campaign (30.0) — the $2,000.00 provided for public awareness of the City's recycling program will increase by 2,5% yearly. The Ordinance was adopted on first reading at the September 16, 2014 Council Meeting and advertised on September 25, 2014 in the Florida Today newspaper. As discussed at the September Council Meeting, technical amendments were made to the document. They are represented in Attachment 1 by a double underline and the highlights include: • The addition of a definition of Compactor. (Section 2.12, which forced re- numbering of the remainder of Section 2.) • An addition to the collection standards for yard waste to require items be no larger than 6 inches in diameter. (4.2C3; 4.3C3; 4.4C3) • 4.3C1e — the addition of a requirement for a replacement and maintenance schedule for all mechanical containers. • 4.7A1 — modified the exclusion to include the use of a dump truck or trailer owned by the Contractor. • 5.4D — provided the ability for the Contractor to discontinue service for non- payment of fees which are sixty-five (65) days overdue. • 5.5a. added a reference to the definition of CPI in section 2.19. • 8.3 clarified to meet the intention that the contractor has the choice to appropriately compensate, repair or replace items damaged. • Added 13.5 — Administrative Fee of $25,000.00 upon transfer of ownership, • Section 25.0 — retitled to "Administrative Charges" and adds clarification to items the contractor will be charged fees for not adhering to contract requirements. Submitting Department Director: Angela Apperson Date: 10/13/14 City Council Meeting Date: 10/21/2014 Item No. 7 Page 4 of 4 Attachment(s): #1 — Ordinance No. 13-2014, with exhibits. #2 — Solid Waste Rates within Brevard County Financial Impact: The General Fund will receive an additional $100,000 for the Franchise Fee, which will increase by the CPI yearly. As a result of the contractor being paid the amounts collected rather than the amounts billed, the City will realize a savings which cannot be quantified as it is dependent upon payment by customers. The Public Awareness Campaign funds will increase 2.5% yearly. Staff time/costs to prepare this agenda item, Ordinance advertisement and codification. Reviewed by Finance Director: John DeLeo Date: 10/13/14 The City Manager recommends that City Councittake the following action: Adopt Ordinance No. 13-2014 with exhibits. Approved by City Manager: David L. Greene Date: 10/14/14 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain ORDINANCE NO. 13-2014 Attachment 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, ADOPTING A REVISED SOLID WASTE FRANCHISE AGREEMENT WITH WASTE PRO OF FLORIDA, INC. PURSUANT TO SECTION 2.12(3) OF THE CITY CHARTER; ADOPTING THE SOLID WASTE RATES SET FORTH IN THE SOLID WASTE FRANCHISE AGREEMENT; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY,AND AN EFFECTIVE DATE. WHEREAS,the City is granted the authority,under Section 2(b), Article VIII,of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law;and WHEREAS, Section 2.12(3) of the City Charter, which was approved by the voters in 2010, requires that the City Council approve all franchise agreements by Ordinance; and WHEREAS,there is an immediate and continuing need for the collection and disposal of bulk trash, refuse, vegetative waste, recyclable materials, white goods, and construction and demolition debris from residents,businesses,and other entities within the municipal boundaries of the City of Cape Canaveral; and WHEREAS, Waste Pro of Florida, Inc. ("Waste Pro") has the necessary equipment, personnel, and experience to properly collect and dispose of solid waste; and WHEREAS, Resolution 2009-24, adopted on August 4, 2009 awarded a franchise to Waste Pro of Florida, Inc.and included two five (5) year renewal options; and WHEREAS, on July 19, 2011, the City and Waste Pro mutually agreed to amend the Franchise Agreement to streamline/simplify billing for Commercial customers to include the billing for the wheels and lock bars services provided by Waste Pro;and WHEREAS,the City Council of the City Council 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 the City of Cape Canaveral and its resident businesses and other entities to grant the franchise to Waste Pro of Florida, Inc. to provide for the collection and disposal of bulk trash, refuse, vegetative waste,recyclable materials,and construction&demolition debris as agreed upon in the attached Solid Waste Agreement, effective October I, 2014; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,BREYARD COUNTY, FLORIDA,AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by City of Cape Canaveral Ordinance No. 13-2014 Page 1 of 3 this reference and are deemed a material part of this Resolution. Section 2. Adoption of Solid Waste Franchise Agreement. The City Council of the City of Cape Canaveral, Florida hereby approves and adopts the Solid Waste Agreement between the City of Cape Canaveral, Florida and Waste Pro of Florida, Inc. A copy of said Agreement is attached hereto as "Attachment A," and is fully incorporated herein by this reference, and shall become effective on October 1, 2014. Section 3. Adoption of Solid Waste Rates. The City Council of the City of Cape Canaveral, Florida hereby approves and adopts the solid waste rates set forth in"Exhibit A" to the Solid Waste Agreement, attached hereto as"Attachment A." The Solid Waste Rates, as may be amended or annually adjusted by the consumer price index pursuant to Paragraph 5.0 of the Solid Waste Agreement, shall be incorporated into the Code in accordance with Section 5 of this Ordinance. Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 5. Incorporation of Franchise Agreement Into Code. The terms and conditions of the Solid Waste Agreement 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 6. Severability. If any section, subsection, sentence,clause,phrase, word, or portion of this Ordinance 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 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida and shall be given retroactive effect commencing on October 1, 2014. [Adoption page follows] City of Cape Canaveral Ordinance No. 13-2014 Page 2 of 3 ADOPTED by the City Council of the City of Cape Canaveral, Florida this day of October, 2014. ROCKY RANDELS, Mayor ATTEST: Name FOR AGAINST John Bond Bob Hoog ANGELA APPERSON,City Clerk 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 Ordinance No. 13-2014 Page 3 of 3 Attachment "A" to Ordinance No. 13-2014 SOLID WASTE AGREEMENT THIS AGREEMENT made and entered into this day of , 2014, by and between the CITY OF CAPE CANAVERAL, FLORIDA, a Florida Municipal Corporation, located at 105 Polk Avenue, Cape Canaveral, Florida 32920 (hereinafter "City ") and WASTE PRO OF FLORIDA, INC., a Florida Corporation, located at 2101 W. State Road 434, Suite 315, Longwood, Florida 32779 (hereinafter "Contractor"). WITNESSETH: WHEREAS, there is an immediate and continuing need for the collection and disposal of bulk trash, refuse, vegetative waste, and recyclable materials from residents, businesses, and other entities within the municipal boundaries of the City of Cape Canaveral; and WHEREAS, in 2009 the City completed a competitive bidding process for the collection and disposal of bulk trash, refuse, vegetative waste, and recyclable materials within the City of Cape Canaveral; and WHEREAS, Contractor has the necessary equipment, personnel, and experience to properly perform the collection and disposal services described herein; and WHEREAS, upon review of the competitive bids submitted, the City Council of the City of Cape Canaveral has determined that Contractor's bid was the lowest and most responsible bid submitted, and the City Council determined that it is in the best interests of the public health, safety, and welfare of the citizens of the City of Cape Canaveral and its resident businesses and entities to award a franchise to Contractor to provide for the collection and disposal of bulk trash, refuse, vegetative waste, recyclable materials, construction and demolition debris upon the terms and conditions more particularly described herein; and WHEREAS, in consideration of the excellent service provided by the Contractor, the September 2014 expiration and the need to clarify certain portions of the contract; both parties have decided it is in the best interests of both to re-negotiate the 2009 contract. NOW THEREFORE, in consideration of the mutual covenants, agreements, and consideration contained herein, the City and Contractor agree as hereinafter set forth: 1.0 Recitals. The foregoing recitals are true and accurate and are incorporated herein by reference. 2.0 Definitions. The following words and phrases contained in this Agreement shall have the meaning ascribed in this section unless the context clearly indicates otherwise: 2.1 Authorized Representative: Shall mean the City Manager or his designee who shall represent the City in the administration and supervision of the Agreement. The City Manager's designee, if any, shall be appointed in writing, and said Solid Waste Agreement City of Cape Canaveral/Waste Pro of Florida, Inc. Page 1 of 48 Attachment "A" to Ordinance No. 13-2014 appointment may be for the administration and supervision of this Agreement, in whole or in part. 2.2 Biohazardous Waste: Shall mean any solid waste or liquid waste which may present a threat of infection or disease to humans or may reasonably be suspected of harboring pathogenic organisms. The term includes, but is not limited to, non—liquid human tissue and body parts; laboratory and veterinary waste, which contain human-disease-causing agents; used or contaminated disposable sharps (e.g. hypodermic needles, syringes, broken glass, and scalpel blades), human blood, and human blood products and body fluids; and other materials which in the opinion of the Department of Health and Rehabilitative Services represent a significant risk of infection to persons outside the generating facility. 2.3 Biological Waste: Shall mean solid waste that causes or has the capability of causing disease or infection and includes, but is not limited to, Biohazardous waste, diseased or dead animals, and other waste capable of transmitting pathogens to humans or animals. 2.4 Bulk Trash: Shall mean any non-vegetative item which cannot be containerized, bagged or bundled; including, but not limited to, inoperative and discarded refrigerators, ranges, toilets, washers, dryers, bath tubs, water heaters, sinks, bicycles, car tires, and other similar appliances; household goods, and furniture and shall not be commingled with vegetative waste. 2.5 City: Shall mean the City of Cape Canaveral, a Florida Municipal Corporation located in Brevard County, Florida, acting through its City Council or Authorized Representative. 2.6 City Council: Shall mean the City Council of the City of Cape Canaveral, Florida. 2.7 City Code or Code: Shall mean the Code of Ordinances of the City of Cape Canaveral, Florida. 2.8 Collection and Disposal Service: Shall mean the process whereby refuse, bulk trash, vegetative waste, or recyclable material is collected and transported for disposal by Contractor under this Agreement to a designated facility or some other approved disposal facility. 2.9 Collection Equipment: Shall mean any vehicle or equipment that is used by Contractor to perform the collection and disposal services required by this Agreement. 2.10 Collection Vehicle: Shall mean any vehicle that is used by Contractor to perform the collection and disposal services required by this Agreement. Solid Waste Agreement City of Cape Canaveral/Waste Pro of Florida, Inc. Page 2 of 48 Attachment "A" to Ordinance No. 13-2014 2.11 Collection Regulations: Shall mean any local, state, and federal laws and administrative rules that regulate any and all aspects of collection and disposal services, as may be in existence during the term of this Agreement. 2.12 Compactor: Shall mean and include containers dumped mechanically by a collection vehicle and able to be serviced by Contractor. The type serviced by a front end loader generally ranges in size from 2-10 cubic yards. The tune serviced by a roll off truck gernerally ranges from 15-50 cubic yards. Both units are designed to mechanically compact solid waste. 2.13 Commercial Service: Shall herein refer to the collection and disposal services provided to business establishments, churches, schools, multiple dwelling units, office buildings and other commercial establishments serviced by mechanical container and/or commercial 96 gallon cart service. Commercial Service is further defined as any service identified within Exhibit "A" other than Service Code SFR 1, MHR2, and RCCM. 2.14 Commercial Trash: Shall mean any and all accumulations of paper, rags, excelsior or other packing materials, furniture, appliances, wood, cardboard boxes or containers, sweepings, and any other similar accumulation not included under the definition of garbage, generated by the operation of stores, offices, and other commercial establishments. Commercial trash shall not include special waste. 2.15 Complaint: Shall mean verbal or written indication from a customer or its Authorized Representative of a problem with any aspect of the collection and disposal services provided by Contractor pursuant to this Agreement, whether or not the problem results in a service call by Contractor. 2.16 Construction and Demolition Debris: Shall have the same meaning proscribed in 62-701.200(24) (27), Florida Administrative Code, which at the effective date of this Agreement means: Discarded materials generally considered to be not water soluble and non- hazardous in nature, including but not limited to steel, glass, brick, concrete, asphalt material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, including such debris from construction of structures at a site remote from the construction or demolition project site. The term includes rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land development operations for a construction project; clean cardboard, paper, plastic, wood, and metal scraps from a construction project; except as provided in Section 403.707(9)(j), F.S., yard trash and unpainted, non-treated wood scraps from Solid Waste Agreement City of Cape Canaveral/Waste Pro of Florida, Inc. Page 3 of 48 Attachment "A" to Ordinance No. 13-2014 sources other than construction or demolition projects; scrap from manufacturing facilities that is the type of material generally used in construction projects and that would meet the definition of construction and demolition debris if it were generated as part of a construction or demolition pr ject, including debris from the construction of manufactured homes and scrap shingles, wallboard, siding concrete, and similar materials from industrial or commercial facilities and de minimis amounts of other non-hazardous wastes that are generated at construction or demolition projects, provided such amounts are consistent with best management practices of the construction and demolition industries Mixing of construction and demolition debris with other types of solid waste will cause it to be classified as other than construction and demolition debris. 2.17 Contract or Agreement: Shall mean this Contract, and any amendments, executed by the City and the Contractor or renewals from time to time, for the performance of the collection and disposal services described herein. 2.18 Contractor or Franchisee: Shall mean Waste Pro of Florida., Inc. and its directors, officers, employees, agents, contractors, and assigns. 2.19 CPI: Shall mean the Consumer Price Index - All Urban Consumers, Series ID: CUURX000SA0, not seasonally adjusted, size class B/C (between 50,000 and 1,500,000), all items, base period December 1996=100, as published by the United States Department of Labor, Department of Labor Statistics. 2.20 Customer: Shall mean City and any person, establishment or entity who receives, is required to receive, or requests collection and disposal services within the service area. 2.21 Designated Facility: Shall mean a disposal processing, recovery, recycling or transfer facility designated by the Authorized Representative. 2.22 Disposal Costs: Shall mean the "tipping fees" or landfill costs charged to the Contractor by others for the disposal of solid waste collected by the Contractor in performing collection and disposal services provided hereunder. 2.23 Dispute: Shall mean a disagreement between Contractor and City concerning a question of fact, interpretation of this Agreement, Contractor's compliance and performance with the terms and conditions of this Agreement, and Contractor's level of service provided while performing collection and disposal services. A Solid Waste Agreement City of Cape Canaveral/Waste Pro of Florida, Inc. Page 4 of 48 Attachment "A" to Ordinance No. 13-2014 dispute does not include a disagreement concerning an annual evaluation as provided in paragraph 9.3. 2.24 E-Waste: Shall mean Electronic Waste that includes, but is not limited to. computer towers; laptop computers; keyboards, zip and external hard drives; flat screen monitors, scanners, printers, battery backup units; speakers, cables and related accessories; A/V equipment including amps, receivers, DVD, VCR, televisions, cassette and reel to reel tape players, turntables & related electrical hardware; power tools (plug-in and rechargeable); battery packs and chargers., communication devices (hand held & ham radios, pagers, cell phones, cordless & wired phones): rechargeable appliances (dust-busters, shavers, flashlights, small toys, fans); digital cameras, recorders, GPS units and related hardware:, remote controls; electrical motors up to 3 HP; microwave ovens; all circuit boards; all Mercury-Containing Devices; i.e., fluorescent tubes and compact fluorescent bulbs; HID bulbs; thermostats, thermometers and switches. 2.25 Franchise: Shall mean an initial authorization or renewal thereof, voluntarily entered into by the Contractor and issued by the City, whether such authorization is referred to as a franchise permit, license, ordinance, resolution, agreement, or contract, which authorizes collection and disposal services within the service area. All franchises shall be presumed to be non-exclusive unless otherwise specifically authorized by City in writing. Any such authorization, in whatever form granted, shall not mean or include any franchise or permit required for the privilege of transacting and carrying on a business within the service area as required by other Code provisions and ordinances of the City. 2.26 Garbage: Shall mean all putrescible waste which generally includes, but is not limited to, kitchen and table food waste, animal, vegetative, food or any organic waste that is attendant with or results from the storage, preparation, cooking or handling of food materials whether attributed to residential or commercial activities. Garbage shall not include special waste. 2.27 Hazardous Waste: Shall mean waste defined as hazardous waste pursuant to local, state, and federal law. 2.28 Household Trash: Shall mean the accumulation of paper, excelsior, rags, wooden or paper boxes and containers, sweepings, broken toys, tools, utensils, whole automobile tires (not to exceed an amount permitted by the designated facility), construction and demolition debris from "do-it-yourself projects not to exceed two cubic yards per customer per collection, and all other accumulations of a similar nature other than garbage and vegetative waste, which are usual to housekeeping, "do-it-yourself" home improvements, and home occupations (as defined by City Code). Solid Waste Agreement City of Cape Canaveral/Waste Pro of Florida, Inc. Page 5 of 48 Attachment "A" to Ordinance No. 13-2014 2.29 Mechanical Container: Shall mean and include plastic or metal containers 2 cubic yards and greater, dumped mechanically by a collection vehicle and able to be serviced by Contractor. 2.30 Multiple Dwelling Units: Shall mean any building containing three (3) or more permanent living units, not including motels and hotels. park. 2.31 Performance and Payment Bond or Letter of Credit: Shall mean the form of security approved by the City and furnished by the Contractor as required by this Contract as a guarantee that the Contractor will perform the collection and disposal services in accordance with the terms of the Contract. 2.32 Recyclable Materials: Shall mean newspapers (including inserts), aluminum and tin cans, plastic containers (HDPE and PET), brown, clear and green glass bottles and jars, and other solid waste materials added upon written agreement between the City and the Contractor, when such materials have been either diverted from the remaining solid waste stream or removed prior to their entry into the remaining solid waste stream. 2.33 Recycling: Shall mean any process by which recyclable materials are collected, separated, and processed for purposes of extracting or reusing the raw materials contained in the recyclable materials. 2.34 Recycling Container: Shall mean a minimum fourteen (14) gallon recycling bin or larger cart used by residential customers and one or more ninety-six (96) ninety (90) gallon recycling carts for commercial and multiple dwelling unit customers, or other types of recycling bins approved by the Authorized Representative, to store recyclable materials for collection and disposal service. 2.35 Refuse: Shall mean commercial trash, household trash and garbage, or a combination or mixture thereof. 2.36 Refuse Container: Shall mean a heavy plastic receptacle, with a rated capacity of not more than ninety-six (96) gallons, having hinged tight-fitting lid and wheels, which is designed or intended to be used for automated or semi- automated collection. Carts will be provided by and distributed by the Contractor. Contractor shall retain ownership of the carts. 2.37 Residential: Shall mean single family detached homes, duplexes, multiple dwelling units, and mobile home/RV parks. 2.38 Residential Service: Shall mean collection and disposal services provided to persons occupying residential dwelling units, mobile homes, RV parks and multiple dwelling units who arc not receiving commercial service under this Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 6 of 48 Attachment "A" to Ordinance No. 13-2014 Agreement. Residential service is further defined as services identified within Exhibit "A" with a Service Code of: SFR1. MHR2. and RCCM. 2.39 Roll-off Container: Shall mean a dumpster which is used for the collection and disposal of construction and demolition debris or solid waste. The roll-off container may be of the open or enclosed variety and is typically hoisted onto a specially equipped truck for transporting the construction/demolition debris or solid waste to a designated facility. 2.40 Service Area: Shall mean the area within the municipal boundaries of the City of Cape Canaveral, Florida, as may be modified from time to time pursuant to Chapter 171, Florida Statutes. 2.41 Sludge: Shall mean the accumulated solids, mixed liquids, residues, and precipitates generated from wastewater treatment, water supply treatment, air pollution control facilities, septic tanks, grease traps, privies, or similar waste disposal appurtenances. 2.42 Solid Waste: Shall mean bulk trash, refuse, vegetative waste, and recyclable materials or any combination thereof. 2.43 Special Waste: Shall mean solid wastes that require special handling and management by Contractor, and which are not accepted at the designated facility, other disposal facility, or which are accepted at the designated facility, or other disposal facility, at higher rates than is charged for refuse, including, but not limited to, asbestos, whole tires which do not constitute household trash, used oil, lead—acid batteries, and biohazardous wastes. 2.44 Transfer: Shall mean the disposal, directly or indirectly, by gift, assignment, voluntary sale, merger, consolidation or otherwise, of twenty percent (20%) or more at one time of the ownership or controlling interest of Contractor, or thirty- five percent (35%) cumulatively over the term of the Agreement of such interests to a corporation, partnership, limited partnership, trust or association, or person or group of persons acting in concert or a change in control. Transfer shall not include any transfer or assignment to a person controlling, controlled by, or under the same common control as the Contractor at the effective date of this Agreement. 2.45 Vegetative Waste: Shall mean any vegetative matter resulting from routine and normal yard and landscaping maintenance generated on site and shall include materials such as tree and shrub materials, grass clippings, palm fronds, Christmas trees, tree branches and similar vegetative matter usually produced in the care of lawns, landscaping and yards. Hired Contractors and Landscapers must haul away any vegetation debris they produce. Solid Waste Agreement City of Cape Canaveral/Waste Pro of Florida, Inc. Page 7 of 48 Attachment "A" to Ordinance No. 13-2014 3.0 Grant of Franchise. There is hereby granted to Contractor an exclusive right, privilege or franchise to collect and transport for disposal of solid waste and construction and demolition debris within the service area, during the term of this Agreement and subject to the limitations and conditions as set forth in this Agreement. All rights granted to Contractor hereunder shall be subject to the continuing right of the City to regulate the City's rights-of-way and to protect the public health, safety, and welfare and shall, at the sole discretion of the City. be in the public's interest. The grant of this Franchise shall not affect the City's right to provide collection and disposal services not expressly and unambiguously provided hereunder to Contractor on an exclusive basis or during an emergency. In the event of any conflict or ambiguity hereunder as to whether a collection and disposal service is exclusively granted to Contractor, the conflict or ambiguity shall be construed as granting Contractor a non-exclusive Franchise with respect to the collection and disposal service at issue. Nothing under this Agreement shall be construed as providing any Franchise for collection and disposal services not expressly provided for hereunder. 4.0 Scope of Work. It is the intent of this Franchise to provide for the exclusive collection and disposal service of solid waste within the service area, with the exception of the exclusions specifically set forth in this Agreement. Contractor shall perform the collection and disposal services under the following terms and conditions, all of which shall be a material part of this Agreement: 4.1 General Requirements: Contractor shall fully comply with the following: A. Laws and Regulations. Contractor shall be familiar and comply with all collection regulations and shall be solely responsible for determining, absorbing, and adjusting to the financial and practical impact such regulations have on its operation. B. Labor, Insurance, Equipment, etc. Contractor shall provide, at its sole cost and expense, all labor, insurance, supervision, machinery, equipment, plant and office buildings, trucks, tools, equipment, and accessories necessary to perform the collection and disposal services in accordance with the level of service required by this Agreement. C. Protection of Public/Private Property and Utilities. Contractor shall conduct his work in such a manner as to avoid damage to private or public property and shall repair or pay for any damage caused by its operations, except reasonable wear and tear to roadways. Contractor shall have knowledge of all existing utilities and operate with due care in the vicinity of such utilities and shall repair or have repaired, at no additional cost to the customer or utility owner, any breakage or damage caused by its operations. Solid Waste Agreement City of Cape Canaveral/Waste Pro of Florida, Inc. Page 8 of 48 Attachment "A" to Ordinance No. 13-2014 D. Spillage. Contractor shall not cause any spillage of solid waste to occur upon private or public property or the rights-of-way wherein the collection and disposal service occurs. Collection and disposal service shall be performed by Contractor to avoid leaking, spilling, and blowing of solid waste. In the event of any spillage caused by Contractor, Contractor shall promptly clean up all spillage at its expense. Contractor shall maintain sufficient equipment on each collection vehicle (e.g. fork, broom, shovel) to pick up spillage. In addition, Contractor shall promptly clean up all fluid spillage from collection equipment to the maximum extent feasible and promptly notify the Authorized Representative of all such fluid spillage. E. Designated Facility. All solid waste shall be hauled to a designated facility as directed in writing by the Authorized Representative and disposed of at those facilities. At present, such designated facility includes the Brevard County disposal facility. F. Holidays. Contractor has the option to provide collection and disposal service on holidays observed by the City. The City shall provide a list of such holidays to the Contractor annually. Any disposal and collection service that would have been regularly provided, but for the holiday, shall be provided the next regularly scheduled pick-up day after the holiday, unless otherwise directed by the Authorized Representative in writing. Contractor shall maintain the frequency of collection required by paragraphs 4.2(A), 4.3(A), and 4.4(A) during holiday weeks. Contractor shall coordinate with Authorized Representative to inform the customers of any variance in the collection schedules resulting from a holiday at least five (5) days prior to each holiday. G. Contractor's Office. Contractor shall provide, at its sole cost and expense, a suitable office located within reasonable proximity to the service area. Within said office, Contractor shall maintain, during Contractor's normal working hours, a staff and a local telephone number where complaints and requests for collection and disposal service shall be received, recorded in a log, and handled during Contractor's normal working hours. The office shall also provide for a means to promptly handle emergency complaints and requests for service. H. Litter and Dangerous Animals. Contractor shall not be responsible for scattered solid waste which can be categorized as litter unless the same has been caused by Contractors acts or omissions, in which case, all such scattered solid waste shall be picked up immediately by Contractor. Contractor is also required to pick-up and dispose of any dead animals "road kill" found on the streets or sidewalks of the service area. Contractor shall maintain sufficient equipment on each collection vehicle Solid Waste Agreement City of Cape Canaveral/Waste Pro of Florida, Inc. Page 9 of 48 Attachment "A" to Ordinance No. 13-2014 (e.g. fork, broom, shovel) to pick up such scattered solid waste. Contractor shall not be required to expose themselves to the danger of being bitten by vicious dogs and animals, roaming at large, in order to accomplish collection and disposal services. However, in the event Contractor is unable to provide collection and disposal services to a customer under such conditions, Contractor shall promptly notify the Authorized Representative and customer, in writing, of such conditions and its inability to provide such collection and disposal services. Hours and Days. Except for unusual circumstances approved by the Authorized Representative in writing or as otherwise provided elsewhere in this Agreement, Contractor shall not perform collection and disposal services prior to 7:00 A.M. or after 7:00 P.M., E.S.T., Monday through Saturday. No collection and disposal services shall normally occur on Sundays and holidays designated in paragraph 4.1(F) unless authorized in writing by the Authorized Representative. J. Tagging Solid Waste Improperly Containerized. In the event solid waste is not containerized, bundled, or piled pursuant to this Agreement and Contractor does not perform collection and disposal services regarding such solid waste, Contractor shall tag the container, bundle, pile, or subject property with a written notice containing a brief explanation why the container, bundle, or pile was not collected and disposed of and promptly notify the Authorized Representative. The solid waste shall be collected and disposed of at the next regularly scheduled collection day, provided the solid waste is properly containerized, bundled, or piled. K. Customer Report; City Billing Database. Contractor and City agree that the monthly customer report required to be maintained and filed by Contractor pursuant to paragraph 19.3(A) is vital to keeping an accurate account of all customers receiving collection and disposal services under this Agreement and for ensuring accurate billing of customers by City. To this end, Contractor and City agree that each party must diligently maintain an accurate, up-to-date list of customers and the collection and disposal services received by those customers. The Contractor shall promptly notify the City of any new and existing Customers requesting collection and disposal services and any current Customers terminating such services. L. Site Plan/Development Review. City shall notify Contractor of pending site plan and development review applications in order to give Contractor an opportunity to comment during the review process on the placement of refuse or mechanical containers and the point of collection of solid waste. Solid Waste Agreement City of Cape Canaveral /Waste Pro of Florida, Inc. Page 10 of 48 Attachment "A" to Ordinance No. 13-2014 4.2 Residential Service. Contractor shall provide residential collection and disposal service as follows: A. Frequency of Collection. Contractor shall provide collection and disposal services for household trash and garbage at least two (2) times per week, with collections at least three (3) days apart, and for bulk trash, vegetative waste, and recyclable materials not less than once per week. B. Point of Collection. Collection of household trash, garbage, bulk trash, vegetative waste, and recyclable materials shall be within five (5) feet of curbside. In the event an appropriate location cannot be agreed upon by the customer and Contractor, the Authorized Representatives shall designate the location. The Contractor and Authorized Representative shall mutually agree upon a point of collection locations for non - conforming service areas. For customers who are certified by a doctor as disabled and are unable to place household trash, garbage, or recyclable materials at the curb, collection shall be from the disabled customer's garage door or some other location acceptable to the customer. The refuse container and/or recycling container shall be returned by Contractor to the garage door or other location reasonably convenient to customer. C. Containers and Preparation. 1. Household Trash and Garbage. Garbage and household trash shall be placed only in carts. Contractor shall be required to provide collection and disposal services for all household trash and garbage generated from residential customers which has been properly prepared and stored in a refuse container provided under the Automated Cart Program. Customers will be responsible for associated fees set forth in Exhibit"A". 2. Recyclable Materials. Contractor shall be required to provide collection and disposal services for all recyclable materials generated from residential customers which have been properly prepared and stored in a recycling container. Customers will be responsible for associated fees set forth in Exhibit "A". 3. Vegetative Waste. Contractor shall be required to provide collection and disposal services for all vegetative waste generated from residential customers provided same are placed in a refuse container (cart) provided under the Automated Cart Program. Vegetative waste shall be segregated from the garbage and household trash which shall be placed in a separate cart. Solid Waste Agreement City of Cape Canaveral/Waste Pro of Florida, Inc. Page 11 of 48 Attachment "A" to Ordinance No. 13-2014 All leaves and pine needles, ornamental shrubs, clippings and tree trimmings with branches less than 3 inches in diameter making up not more than one cubic yard shall be placed in the cart. Tree limbs, tree trunks, palm fronds, etc., shall be cut in lengths of no greater than four (4) feet in length., shall be no larger than 6 inches in diameter and shall not exceed fifty (50) pounds per limb, trunk, frond, or bundle thereof. A special pick-up will be required when a `'Cherry Picker, Claw or Clam" type collection vehicle is required to collect excess piles of vegetative waste in excess of the maximum length and poundage set forth in this paragraph. Unbundled piles of yard waste will be subject to a minimum `'A Claw Truck fee per pickup for less than 10 yards or full Claw Truck fee per pickup for more than 10 yards. Hired Contractors and Landscapers must haul away any vegetation debris they produce. Customers will be responsible for associated fees set forth in Exhibit ''A". 4. Bulk Trash. Contractor shall be required to provide collection and disposal services for all bulk trash generated from residential customers regardless of whether it is containerized. 5. E-Waste. Contractor will collect and dispose of electronic waste placed curbside at no additional cost. 4.3 Commercial Service. Contractor shall provide commercial collection and disposal service as follows: A. Frequency of Collection. Contractor shall provide collection and disposal services for commercial trash and garbage at least two (2) times per week for unsealed containers, and more frequently as mutually agreed to by Contractor and the commercial customer. For vegetative waste and recyclable materials (if vegetative waste and/or recyclable material service is requested by customer) not less than once per week for an additional charge (Exhibit"A"rate schedule). B. Point of Collection. Collection of commercial trash, garbage, vegetative waste, and recyclable material shall be at a location mutually agreed upon by the customer and Contractor, and approved by the Authorized Representative. If mutual agreement cannot be reached between customer and Contractor, the Authorized Representative shall designate the location. However, in the event the location was approved as part of a site plan or development review process, the location shall be as shown on the final approved site or development plan. To the maximum extent feasible, the designated location shall be located in a place that provides for safe, convenient, and expedient access by Contractor. Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 12 of 48 Attachment "A" to Ordinance No. 13-2014 C. Containers and Preparation. 1. Commercial Trash and Garbage. Contractor shall be required to provide collection and disposal services for all commercial trash and garbage generated by commercial customers which has been properly prepared and stored in a refuse container, mechanical container, roll-off container, or compactor under the following conditions: a. Customers shall be permitted to use refuse containers (carts) provided the amount of commercial trash and garbage per collection can be stored in a maximum of four (4) 96 gallon carts; otherwise, customers shall be required to use one or more of the following: mechanical containers, compactor service, roll-off containers. Contractor shall provide such customers with one (1) 96 gallon cart. Customers may purchase additional carts for a fee and shall pay the monthly service rate as set forth in Exhibit "A". b. Contractor shall be required to provide an adequate number of mechanical containers, compactors, or roll-off containers to customers who request or exceed the maximum number of refuse containers. Mechanical containers and roll-off containers shall be provided at Contractor's sole expense and shall remain the property of Contractor, unless the mechanical container or roll-off container is owned by the customer. Compactors shall be provided as mutually agreed to by Contractor and customer. Customer shall be responsible for associated fees as set forth in Exhibit "A". c. Contractor shall deodorize commercial front load and roll- off containers on an as-need basis. The City reserves the right to request specific containers be deodorized. Further, commercial front load containers which would normally contain food waste or other waste subject to decay shall be disinfected each time emptied. d. Restaurant containers will be inspected monthly by Contractor. Containers will be painted on a yearly basis or more often, if necessary. e. Contractor will create and implement a replacement and maintenance schedule for all mechanical containers, compactors and roll-off containers provided to City Solid Waste Agreement City of Cape Canaveral/Waste Pro of Florida, Inc. Page 13 of 48 Attachment "A" to Ordinance No. 13-2014 customers. The schedule will be subject to review and approval by the Authorized Representative. At a minimum, the schedule will provide for replacement and yearly maintenance. Contractor shall keep a log of yearly maintenance and provide same to Authorized Representative upon request. 2. Recyclable Materials. Contractor shall provide collection and disposal services for recyclable materials generated from commercial customers who specifically request such service or as required by the City. If requested, recyclable materials shall be properly prepared and stored in a recycling container. Customers will be responsible for associated fees set forth in Exhibit "A". 3. Vegetative Waste. Contractor shall be required to provide collection and disposal services for all vegetative waste generated from commercial customers who specifically request such service and pay associated fees set forth in Exhibit "A. Vegetative waste shall be placed in a refuse container (cart) provided under the Automated Cart Program. Vegetative waste shall be segregated from the garbage and household trash which shall be placed in a separate cart. All leaves and pine needles, ornamental shrubs, clippings and tree trimmings with branches less than 3 inches in diameter making up not more than one cubic yard shall be placed in the cart. Tree limbs, tree trunks, palm fronds, etc., shall be cut in lengths of no greater than four (4) feet in length, shall be no larger than 6 inches in diameter and shall not exceed fifty (50) pounds per limb, trunk, frond, or bundle thereof. A special pick up will be required when a "Cherry Picker, Claw or Clam" type collection vehicle is required to collect excess piles of vegetative waste in excess of the maximum length and poundage set forth in this paragraph. Unbundled piles of vegetative waste will be subject to a minimum ''A Claw Truck fee per pick up for less than 10 yards or full Claw Truck fee per pick up for more than 10 yards. Hired Contractors and Landscapers must haul away any vegetative debris they produce. 4.4 Multiple Dwelling Units. Contractor shall provide collection and disposal service as follows: A. Frequency of Collection. Contractor shall provide collection and disposal services for household trash and garbage at least two (2) times Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 14 of 48 Attachment "A" to Ordinance No. 13-2014 per week, with collections at least three (3) days apart, and for bulk trash, vegetative waste and recyclable materials not less than once per week. B. Point of Collection. Collection of household trash, garbage, bulk trash, vegetative waste, and recyclable materials shall be at a location mutually agreed upon by the customer and Contractor, and approved by the Authorized Representative. If mutual agreement cannot be reached between customer and Contractor, the Authorized Representative shall designate the location. However, in the event the location was approved as part of a City or County site plan or development review process, the location shall be as shown on the final approved site or development plan. To the maximum extent feasible, the designated location shall be located in a place that provides for safe, convenient, and expedient access by Contractor. C. Containers and Preparation. 1. Household Trash and Garbage. Contractor shall be required to provide collection and disposal services for all household trash and garbage generated by multiple dwelling units which has been prepared and stored in a refuse container, mechanical container, or compactor under the following conditions: a. The multiple dwelling unit customer shall be permitted to use refuse Containers provided the amount of household trash and garbage per collection can be stored in a maximum of four(4) 96 gallon refuse containers; otherwise, customers shall be required to use mechanical containers or compactor service. b. Contractor shall be required to provide an adequate number of mechanical containers or compactors to customers who request or exceed the maximum number of refuse containers. Mechanical containers shall be provided at Contractor's sole expense and shall remain the property of Contractor, unless the mechanical container is owned by the customer. Compactors shall be provided as mutually agreed to by Contractor and customer. Customer will be responsible for associated fees set forth in Exhibit "A". c. Contractor shall deodorize commercial front load and roll off containers on an as-need basis. The City reserves the right to request specific containers be deodorized. Further, commercial front load containers which would normally contain food waste or other waste subject to decay shall be disinfected each time emptied. Customer will be responsible for associated fees set forth in Exhibit"A". Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 15 of 48 Attachment "A" to Ordinance No. 13-2014 2. Recyclable Materials. Contractor shall be required to provide collection and disposal services for all recyclable materials generated from multiple dwelling unit customers which have been properly prepared and stored in a recycling container. Customer will be responsible for associated fees set forth in Exhibit "A". 3. Vegetative waste. Contractor shall be required to provide collection and disposal services for all vegetative materials waste generated from multiple dwelling unit customers who specifically request such service and pay associated fees set forth in Exhibit '`A". Multifamily dwelling units receiving residential service shall place vegetative waste in a refuse container (cart) provided under the Automated Cart Program. Vegetative waste shall be segregated from the garbage and household trash which shall be placed in a separate cart. All leaves and pine needles, ornamental shrubs, clippings and tree trimmings with branches less than 3 inches in diameter making up not more than one cubic yard shall be placed in the cart. Tree limbs, tree trunks, palm fronds, etc., shall be cut in lengths of no greater than four (4) feet in length, shall be no larger than 6 inches in diameter and shall not exceed fifty (50) pounds per limb, trunk, frond, or bundle thereof. A special pick-up will be required when a "Cherry Picker, Claw or Clam" type collection vehicle is required to collect excess piles of vegetative waste in excess of the maximum length and poundage set forth in this paragraph, or if multifamily dwelling unit is receiving commercial service. Unbundled piles of vegetative waste will be subject to a minimum 1/2 Claw Truck fee per pickup for less than 10 yards or full Claw Truck fee per pickup for more than 10 yards. Hired Contractors and Landscapers must haul away any vegetative debris they produce. 4. Bulk Trash. Contractor shall be required to provide collection and disposal services for bulk trash generated from multiple dwelling unit customers regardless of whether it is containerized. 5. E-Waste. Contractor will collect and dispose of electronic waste at no additional cost. Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 16 of 48 Attachment "A" to Ordinance No. 13-2014 4.5 City Controlled Property. As per Exhibit "B" and as requested, excluding sludge removal, by the Authorized Representative, Contractor shall provide collection and disposal services for all refuse, bulk trash, vegetative waste, and recyclable materials generated by City at properties owned, leased, or otherwise controlled by City. In addition, Contractor shall provide such collection and disposal services for any and all City sponsored special events as agreed to by City and Contractor, and for all City public receptacles located along or in public rights-of-way, sidewalks, beaches, and public recreational facilities. Such collection and disposal services shall be at no charge or expense to City. A. Frequency of Collection. Unless otherwise directed by the Authorized Representative in writing, Contractor shall provide collection and disposal services for refuse at least two (2) times per week, with collections at least three (3) days apart, and for bulk trash, vegetative waste, and recyclable materials not less than once per week. B. Point of Collection. Collection of refuse, bulk trash, vegetative waste, and recyclable materials shall be at locations designated by the Authorized Representative, with consideration given for the safe, convenient, and expedient access by Contractor. C. Containers and Preparation. 1. Refuse. Contractor shall be required to provide collection and disposal services for refuse generated by City which has been properly prepared and stored in a refuse container or mechanical container as determined by the Authorized Representative. Contractor shall be required to provide the mechanical container at Contractor's expense. 2. Recyclable Materials. Contractor shall provide collection and disposal services for all recyclable materials generated by City which have been properly prepared and stored in a recycling container or other container mutually agreed to by the Authorized Representative and Contractor. 3. Vegetative Waste. Contractor shall provide collection and disposal services for all vegetative waste generated by City provided the vegetative waste is containerized in a refuse container. Vegetative waste shall be segregated from the garbage and household trash which shall be placed in a Solid Waste Agreement City of Cape Canaveral/Waste Pro of Florida, Inc. Page 17 of 48 Attachment "A" to Ordinance No. 13-2014 separate container. Notwithstanding. Contractor and City may mutually agree to some other method of preparation and storage for City projects which generate significant amounts of vegetative waste. 4. Bulk Trash. Contractor shall provide collection and disposal services for all bulk trash generated by City regardless of whether it is containerized. 5. E-Waste. Contractor will collect and dispose of electronic waste at no cost. 4.6 Biohazardous, Biological, Hazardous, Sludge, and Special Waste. Contractor shall not be responsible for collection and disposal services for biohazardous waste, biological waste, hazardous waste, sludge, and special waste under this Agreement. However, to the extent qualified and licensed, Contractor may contract with persons and entities within the service area, along with other qualified and licensed contractors, to provide for such collection and disposal services. Contractor shall directly bill such persons and entities for such services at a rate mutually agreed on between Contractor and such persons and entities. 4.7 Construction and Demolition Debris Service. Contractor shall provide collection and disposal service of construction and demolition debris to residential, multiple dwelling units, and commercial customers as follows: A. Exclusive Right. Contractor shall have the exclusive right to provide collection and disposal services for construction and demolition debris utilizing roll-off containers, as that term is defined in paragraph 2.39 of this Agreement, or other appropriate containers. Contractor shall directly bill such services at a rate listed in Exhibit "A". 1. Exclusion. Contractors hauling their own construction and demolition debris are excluded from this provision,provided they use a dump truck or trailer owned by the Contractor. B. Frequency of Collection. Contractor shall provide collection and disposal services for construction and demolition debris utilizing roll-off containers or other appropriate containers to customers that specifically request such service or as required by City. Said collection and disposal services shall be provided as frequently as mutually agreed to by Solid Waste Agreement City of Cape Canaveral /Waste Pro of Florida, Inc. Page 18 of 48 Attachment "A"to Ordinance No. 13-2014 Contractor and the customer or as required by the Authorized Representative or City Code to protect the public health, safety, and welfare. C. Point of Collection. Collection of construction and demolition debris shall be at a location mutually agreed upon by the customer and Contractor; collection shall be located within the boundary of the property served, unless otherwise approved by the Authorized Representative. D. Containers and Preparation. Contractor shall provide one or more roll-off containers or other appropriate containers of a size and number mutually agreed to by Contractor and customer. 4.8 Code Enforcement. Upon request of the Authorized Representative, Contractor shall assist the City in its code enforcement efforts by providing collection and disposal service of solid waste and construction and demolition debris located on real property in violation of the City Code. 4.9 Automated Cart Program Contractor has the capability of providing certain automated equipment which may be utilized in conjunction with a toter cart program for garbage and vegetative waste collection ("Automated Cart Program"). Contractor shall implement the Automated Cart Program pursuant to operational terms and conditions negotiated with the City, provided that same shall not result in an increase in total cost to the City. The Contractor shall be responsible for the purchase, distribution, and repair of carts that have been damaged and shall distribute one (1) or two (2) 96 gallon carts to each residential unit depending upon the customer's waste generation requirement. Those customers with minimal waste volumes may select one (1) 64 gallon cart. Contractor shall maintain, at all times, a sufficient number of carts to ensure that all extra or replacement carts can be provided within five work days upon notification by the City or the customer. Contractor shall distribute fully assembled carts to new residential units that are added during the term of this contract. Carts that have been lost or damaged due to customers' abuse or negligence shall be repaired or replaced, at the expense of the customer; if replaced, utilizing the then current cost of the cart. Customer may purchase a third cart for a charge as set forth in Exhibit "A". Those seeking changes in cart size will be charged $25.00 delivery charge for each such change. 4.10 Tire Collection Contractor shall provide weekly tire collection and disposal services to residential customers at no additional charge, provided no more than four(4) tires per household, per year. Solid Waste Agreement City of Cape Canaveral /Waste Pro of Florida, Inc. Page 19 of 48 Attachment "A" to Ordinance No. 13-2014 5.0 Rates and Charges Compensation to Contractor 5.1 Rates; Compensation to Contractor. For collection and disposal Services provided under this Agreement, City shall pay Contractor fees/rates collected in accordance with the schedule attached hereto and fully incorporated herein as Exhibit "A". A. Code Enforcement. Upon request of the Authorized Representative, Contractor shall provide solid waste, construction and demolition debris collection and disposal service to City for code enforcement related matters at no charge to the City. B. Compactor Service. Rates are set forth in Exhibit "A" for compactor serviceprovided pursuant to this Agreement. C. Residential, Mobile Home, Multiple Dwelling, Commercial and Special Vegetative Waste Services. Vegetative waste collection and disposal service shall be charged an amount as set forth in Exhibit `'A". Customers who are required to have special vegetative waste services, which by virtue of its size or weight exceeds routine and normal yard and landscaping maintenance generated on site, shall be charged an amount as set forth in Exhibit '`A" in addition to monthly service fees. Hired Contractors and Landscapers must haul away any vegetative debris they produce. 5.2; Billing Customers by City. Customer billing shall be established and enforced by City Code. The City shall provide the customer billing for all collection and disposal services provided by Contractor under this Agreement, unless otherwise specifically stated herein. City shall perform said billing by means and at times deemed appropriate by City. Contractor shall fully cooperate with City in customer billing. Contractor. Contractor and City acknowledge that the City currently contracts with the City of Cocoa to bill Contractor's services Billing fees are passed along to the customer and remitted directly to the City of Cocoa. The Contractor will not be charged a billing fee. Solid Waste Agreement City of Cape Canaveral/Waste Pro of Florida, Inc. Page 20 of 48 Attachment "A" to Ordinance No. 13-2014 5.3 Billing and Payment Procedure. Unless otherwise provided by the Authorized Representative, customer billing and payment to Contractor shall be in accordance with the following procedure: A. Unless otherwise specifically provided in this Agreement or mutually agreed to by the City and Contractor in writing, the City shall provide Customer billing for collection and disposal services provided under this Agreement. Contractor shall, however, provide Customer billing when special rates and services apply and for roll-off services. B. The Contractor shall certify to the City on the third Friday of each month the number and size of all Customers and containers. The City shall reconcile Contractor's information with the City's records. The City and Contractor shall make appropriate adjustments to their respective billing and service data records to reflect those customers and services that should be billed based on the City's reconciliation. C. City shall submit to the Contractor a monthly statement for collection and disposal services rendered under this Agreement for the preceding month. The statement shall be in a format reasonably requested by the Contractor. The Contractor shall verify the customer services and amounts on the statement and shall make appropriate adjustments to City's statement invoice to reflect any errors contained therein. City shall not be responsible or liable if Contractor fails to properly verify the data on the statement. D. By the 25th of the following month of receipt of City's monthly statement, City shall pay Contractor the amount collected for the preceding month, including the fees for wheel and lock bar services for dumpsters. The City shall provide a listing each month of all accounts with outstanding fees and the Contractor shall have the option to discontinue service for non-payment for any account sixty- five (65) days overdue. The Contractor shall have the option to discontinue wheel and lock bar services for any account thirty-five (35) or more days overdue. Contractor shall be entitled to charge a $75.00 fee to reestablish wheel and lock bar services if services were discontinued due to late payment. City shall assist Contractor by all legal means in collection effort for outstanding fees. 5.4 Franchise Fee. Solid Waste Agreement City of Cape Canaveral/Waste Pro of Florida, Inc. Page 21 of 48 Attachment "A" to Ordinance No. 13-2014 A Franchise Fee of $100,000 per year shall be considered payment to the City in exchange for the exclusive rights and privileges granted by this Franchise. The Franchise Fee shall not be passed along to the customer. The Fee shall cover all services provided and revenues received under this contract regardless of whether billed by the City or the Contractor. The Fee shall become effective January 1, 2015. The Fee shall increase annually by the CPI increase noted in 5.5a. 5.5 Contractor's Petition for a Rate Adjustment. a. The rates in paragraph 5.1 shall be annually adjusted by the CPI, as defined in section 2.19, pursuant to the following mathematical formula: New Rate = ((CPI 2 -CPI 1)/CPI 1) +1 x Current Rate "CPI 1" is the published CPI for the month of August of the preceding year. "CPI 2" is the published CPI for the month of August of the year in which the rate is being adjusted. Since the October CPI is not available until late September, all changes to the rates in Exhibit "A" will be all bills dated after January of the following year. Adjustments to the rates made in accordance with this subsection are intended to reflect changes in the purchasing power of a given amount of money expressed in dollars. If CPI 1 and CPI 2 are not expressed in relation to the same base period or if a material change is made in the method of establishing the CPI, the City and the Contractor shall make an appropriate statistical adjustment or conversion. If the CPI is discontinued, the City and the Contractor shall mutually select another index published by the United States Government or by a reputable publisher of financial and economic indices. b. (Previously 5.6) Additionally, the Contractor may petition the City to adjust the rates in Exhibit "A" based upon unusual and Solid Waste Agreement City of Cape Canaveral/Waste Pro of Florida, Inc. Page 22 of 48 Attachment "A" to Ordinance No. 13-2014 unanticipated increases in the cost of doing business including, but not limited to, a change in any collection regulation or fees. Any such request shall be supported by full documentation establishing the increase in operating costs and the reasons therefor. The City shall be entitled to audit the Contractor's financial and operational records directly related to the Contractor's request in order to verify the increase in costs and the reasons therefor by a Third Party, at the cost of Contractor. The Contractor's request must be made within a reasonable time, and shall contain reasonable proof and justification to support the need for the rate adjustment. The City may request from the Contractor, and the Contractor shall provide, such further information within its possession as may be reasonably necessary in making its determination. The City shall approve or deny the request (without penalty), in whole or in part, at its sole and absolute discretion, within sixty (60) days of receipt of the request and all other additional information required by the City. If such Adjustment is granted, the City shall have ninety (90) days after approval to start billing. 6.0 Schedules and Routes. Contractor shall provide written notice to the City of its collection and disposal routes and schedules. The City reserves the unconditional right to deny Contractor's vehicles access to any street, alley, bridge, beach, or public way within the service area while performing collection and disposal services under this Agreement, where the City determines that it is in the best interests of the public health, safety, and welfare to do so, because of the conditions of the streets, alleys, bridges, beaches, or public ways. However, Contractor shall not interrupt the regular schedule and level of service because of such closures of less than eight (8) hours in duration. The City shall notify Contractor of any such closures of longer duration, and arrangements shall be made in a manner acceptable to Contractor and the Authorized Representative for the collection and disposal services interrupted by the closure. Customers shall be notified in writing by Contractor of the schedules provided by Contractor and any amendments thereto, provided customers shall be given at least seven (7) days prior written notice of any such amendments. Any and all route and schedule changes must receive prior approval by the Authorized Representative and schedule changes shall be announced per City established media. 7.0 Collection Equipment and Vehicles. Contractor shall provide collection equipment for the collection and disposal services as follows: 7.1 Type and Amount. Contractor shall have on hand, at all times under this Agreement, collection equipment that is in good working order and sanitary condition that will permit Contractor to perform the collection and disposal services in a sufficient and efficient manner so that the schedules and routes can be maintained. Collection equipment shall be obtained from a nationally known and recognized manufacturer of collection equipment. Collection vehicles shall be of the enclosed packer type or other type vehicle which meets industry Solid Waste Agreement City of Cape Canaveral /Waste Pro of Florida, Inc. Page 23 of 48 Attachment "A" to Ordinance No. 13-2014 standards and is approved by the Authorized Representative. 7.2 Condition. All collection equipment shall be maintained in a reasonable and safe working condition, in good repair, appearance, sanitary and clean. Contractor shall spray all mechanical containers with disinfectant every thirty (30) days. Collection equipment shall be painted uniformly with the Contractor's name, telephone number and collection vehicle number in letters not less than three (3) inches high on each side of the collection vehicle. Contractor shall keep an accurate record of the vehicle to which each number is assigned. Advertising on collection vehicles is strictly prohibited, except for advertisements promoting City sponsored special events. Collection vehicles will be personalized for the City of Cape Canaveral. 7.3 Overloading. Collection vehicles shall not be overloaded by Contractor so as to cause litter or spillage; however, if litter or spillage occurs because of overloading it shall be picked up immediately as required by paragraphs 4.1(D) and (H). 7.4 Back-up Equipment. Contractor shall maintain sufficient back-up collection equipment, which shall satisfy the condition requirements of paragraph 7.2. of this Agreement, to temporarily replace collection equipment that is in a state of disrepair or is inoperable at any time during Contractor's performance of the collection and disposal services pursuant to this Agreement. The back-up collection equipment shall be put into service within a reasonable time without interruption of collection and disposal services. Such back-up collection equipment shall correspond in size and capacity to the collection equipment ordinarily used by Contractor in the performance of collection and disposal services under this Agreement. 8.0 Contractor's Personnel. Contractor shall fully comply with the following terms and conditions regarding Contractor's personnel: 8.1 Contractor's Representative. Contractor shall appoint a representative to administer and manage this Agreement on Contractor's behalf as required by paragraph 26.0 of this Agreement. 8.2 Other Personnel. Contractor shall provide a sufficient number of qualified persons to provide the collection and disposal services. All persons who are given supervisory authority by Contractor shall be made available to the Authorized Representative for consultation within a reasonable and practicable time after Contractor receives notice from the Authorized Representative that a consultation is being requested. Supervisors shall operate a collection vehicle that is equipped with a communication device. Solid Waste Agreement City of Cape Canaveral/Waste Pro of Florida, Inc. Page 24 of 48 Attachment "A" to Ordinance No. 13-2014 8.3 Conduct of Personnel. Contractor shall require/ensure that its personnel serve all customers in a courteous, helpful, and impartial manner. Contractor's personnel shall perform collection and disposal services while using existing sidewalks and driveways when on private and public property. Contractor personnel shall observe all no trespassing signs and not cross between neighboring properties unless the customer, or customers in the case of neighboring properties, has expressly given said personnel permission. Contractor's personnel shall perform all collection and disposal services with due care, always taking reasonable precautions/steps to avoid damaging real and personal property including, but not limited to, refuse containers, recycling containers, carts, racks, trees, shrubs, flowers, and similar property. Contractor is liable for all such damage caused by Contractor's personnel and Contractor shall promptly provide sufficient and appropriate compensation, repair or replacement fthe choice of which is at its discretion) to customers for such damage. 8.4 Uniform Regulations. Contractor agrees that identification of Contractor's personnel while performing collection and disposal services is important to the customer's health, safety, and welfare. Consequently, Contractor's personnel performing collection and disposal services shall wear a uniform or shirt bearing the Contractor's name. Lettering stitched on or identifying patches permanently attached to the uniform or shirt is acceptable. 8.5 Labor and Employment Laws. Contractor shall comply with all applicable local, state, and federal labor and employment laws affecting its personnel. 8.6 Informing Personnel of Responsibilities. Contractor shall take whatever steps it deems necessary to fully inform its personnel about the terms, conditions, and responsibilities required under this Agreement. City shall not be responsible for informing Contractor's personnel of said terms, conditions, and responsibilities. Contractor shall provide operating and safety training to its personnel. 8.7 Driver's License. All Contractor's personnel who drive a collection vehicle while performing collection and disposal services shall at all times have and carry a valid Florida commercial driver's license for the type of vehicle being driven. 8.8 Drug Free Workplace. Contractor shall maintain a drug free workplace policy. If requested by City, Contractor shall provide documentation certifying to the City it is a drug free workplace. 8.9 Temporary Labor. Contractor shall not utilize temporary labor in providing collection and disposal services to the City under the Solid Waste Agreement. All labor used shall be on Contractor's payroll. Solid Waste Agreement City of Cape Canaveral /Waste Pro of Florida, Inc. Page 25 of 48 Attachment "A"to Ordinance No. 13-2014 8.10 Supervision. On a daily basis, Contractor will have a supervisor ride the streets in the City to address collection and disposal issues as they arise. During collection days, supervisor will be responsible for collecting car tires, e-waste and materials that are not collected by the regular collection vehicles. 9.0 Level of Service; Customer Complaints; Annual Evaluation by City. 9.1 Level of Service. Contractor acknowledges and agrees that the continuation of this Franchise depends on Contractor consistently providing a high quality, efficient level of collection and disposal services to all customers. To ensure such services are provided in such a manner, Contractor's performance shall be evaluated, on an annual basis, pursuant to the procedure established in paragraph 9.3 of this Agreement and based on the following review criteria: A. The number of complaints received pursuant to paragraph 9.2 herein and Contractor's performance in resolving the complaints in a professional and expedient manner. B. Contractor's responsiveness to direction given by the Authorized Representative. C. The number of times that Contractor had to pay liquidated damages pursuant to paragraph 25.0 herein. D. Contractor's participation in community meetings sponsored by City and Contractor's performance in resolving complaints received at those meetings in a professional and expedient manner. E. Contractor's financial viability to continue performing the collection and disposal services required by this Agreement. 9.2 Customer Complaints. It is the intent of this Agreement to ensure that the Contractor provides a high quality level of collection and disposal services to all customers. To this end, failures to provide collection and disposal services to customers, or failures observed by the Authorized Representative, and reported to the Contractor shall promptly be resolved pursuant to the provisions of this Agreement. All customer complaints should be made to the Authorized Representative and will be forwarded to the Contractor by person, telephone, e- mail, in writing by mail or facsimile when received, whether directly from the Customer or forwarded from the Authorized Representative. The Contractor shall record complaints on a form approved by the Authorized Representative and shall take appropriate steps to resolve the complaint in a professional and expedient manner. Any complaints received by the Contractor before 12:00 noon shall be resolved before 5:00 p.m. of that same day. Complaints received after 12:00 noon shall be resolved before 12:00 noon of the following day. The Contractor shall make contact with the customer complainant, within the above Solid Waste Agreement City of Cape Canaveral/Waste Pro of Florida, Inc. Page 26 of 48 Attachment "A" to Ordinance No. 13-2014 times, for all complaints related to collection and disposal services. The Contractor shall notify the Authorized Representative within twenty-four (24) hours of the action taken to resolve the complaint. If the complaint involves a claim of damage to private or public property caused by Contractor during the performance of collection and disposal services, the Contractor shall within twenty-four (24) hours provide the Authorized Representative with a full written explanation of said complaint, an estimate of the damage, and Contractor's proposed remedy. 9.3 Annual Evaluation Procedure. Contractor's performance shall be annually evaluated by City's Authorized Representative under the following procedure: A. Upon or soon after the occurrence of each annual anniversary date of this Agreement, the Authorized Representative shall conduct and prepare a written annual evaluation of Contractor's performance in providing the collection and disposal services under this Agreement ("Evaluation"). The Evaluation shall be based on the level of service criteria set forth in paragraph 9.1 herein. For each criteria the Authorized Representative shall evaluate and grade Contractor's performance as unacceptable, needs improvement, acceptable, good or exceptional. If Contractor receives a less than acceptable grade, the Authorized Representative shall provide Contractor a written explanation of why Contractor's performance was unacceptable and Contractor shall be given a reasonable period of time, as determined by the Authorized Representative, to bring its level of performance up to levels acceptable to the Authorized Representative. B. At the City Manager's discretion, the Evaluation, the aforesaid explanation, and other relevant documents shall be delivered to the City Council for consideration at a public meeting. At the meeting, the Authorized Representative and Contractor shall have the opportunity to explain their positions and the City Council shall then determine whether this Franchise should continue under conditions determined by the City Council or be terminated, without penalty, pursuant to paragraph 14.1(H) herein. 10.0 Authorized Representative's Interpretation and Decision. Any dispute between the City and Contractor, which cannot be disposed of by mutual consent between the parties within a reasonable period of time ("Impasse"), shall be ultimately decided by the Authorized Representative. At such time the Authorized Representative declares an Impasse, he shall have thirty (30) days to decide the Impasse issue, unless additional time is reasonably needed. All such decisions shall be reduced to writing by the Authorized Representative and delivered to Contractor within three (3) business days of said decision. All such written decisions Solid Waste Agreement City of Cape Canaveral/Waste Pro of Florida, Inc. Page 27 of 48 Attachment "A" to Ordinance No. 13-2014 shall contain a sufficient explanation, as may be deemed necessary by the Authorized Representative, to explain the decision. The decision shall be final and binding on both parties unless appealed to the City Manager. Within three (3) business days of the Authorized Representative's decision, Contractor may appeal said decision to the City Manager who will hear and decide the appeal. The City Manager's decision shall be binding and final. Failure to file an appeal within said time period shall result in a waiver of the right to appeal. Pending the decision, Contractor shall proceed diligently with the performance of the collection and disposal services in accordance with this Agreement and any preliminary directions of the Authorized Representative. 11.0 Other City Permits. For collection and disposal services not exclusively provided by Contractor under this Agreement, Contractor shall obtain all permits required by City Code to provide said services. 12.0 Performance Bond Alternatives. 12.1 Performance Bond. The Contractor shall obtain and maintain during the entire term of this Agreement and any extensions and renewals thereof, at its cost and expense, and file with the City a corporate surety bond in the amount of Five Hundred Thousand Dollars ($500,000.00) to guarantee faithful performance by the Contractor of all of its obligations required under this Agreement and the City Code (hereinafter referred to as "Bond" or "Performance Bond"). Such bond must be issued by a surety with an A- or higher rating. Alternatively, the Contractor shall obtain and continuously maintain an unexpired Irrevocable Letter of Credit, which shall at all times be in the possession of the City. The form and contents of such performance bond or letter of credit shall be acceptable to the City. The Letter of Credit or Performance Bond shall be released only upon expiration of the Agreement or upon replacement by a successor Contractor. 12.2 Conditions. The performance bond or letter of credit shall be issued upon the following conditions: A. The performance bond shall be issued by a surety approved by City and licensed and authorized to do business as a surety in by the State of Florida and has an A- or higher rating. The irrevocable letter of credit shall be issued by a bank or savings and loan association acceptable to the City, authorized to do business in this State by either the State of Florida Comptroller or the United States government. The letter of credit shall name the City as the beneficiary. Solid Waste Agreement City of Cape Canaveral /Waste Pro of Florida, Inc. Page 28 of 48 Attachment "A" to Ordinance No. 13-2014 B. There shall be recoverable by the City jointly and severally from the principal and surety or the financial institution that has issued the letter of credit, any and all fines and liquidated damages due the City and any and all damages, losses, costs, and expenses suffered or incurred by the City resulting from the failure of the Contractor to: faithfully comply with the provisions of the City Code and this Agreement; comply with all orders, permits and directives of any City agency or body having jurisdiction over its acts or defaults; pay any claims, liens, fees, or taxes due the City which arise by reason of the collection and disposal services provided under this Agreement. Such losses, costs and expenses shall include, but not be limited to attorney's fees and other associated expenses. C The total amount of the bond or letter of credit shall be forfeited as a liquidated damage paid to the City in the event: 1. Contractor abandons, or cancels with less than one hundred- eighty (180) days written notice to City, its obligations and responsibilities to perform the collection and disposal services required under this Franchise, prior to the expiration of the term of the Agreement. 2. Contractor assigns this Agreement without the express written consent of the City. 3. This Agreement is terminated by reason of the default of the Contractor. 12.3 Reduction of Bond/Letter of Credit. Upon written application by the Contractor, the City may at its sole option, permit the amount of the bond or letter of credit to be reduced for the term of this Agreement or periods of time, when it is determined by the City to be in the public interest. Upon written application by the Contractor, the City may, at its sole option, permit the terms of the requirements of the performance bond/letter of credit to be altered for the term of this Agreement or periods of time, when it is determined by the City to be in the public interest. 12.4 Use of Bond and Letter of Credit. Prior to drawing upon the letter of credit or the bond for the purposes described in this section, the City shall notify Contractor in writing that payment is due, and the Franchisee shall have thirty (30) days from the receipt of such written notice to make payment. If the Contractor does not make the payment within thirty (30) days or demonstrate reasons acceptable to the City why such action should not be taken, the City may withdraw the amount thereof, with interest and penalties, from the letter of credit or the bond. Within three (3) business days of a withdrawal from the letter of credit or bond, the City shall send to the Contractor, by certified mail, return Solid Waste Agreement City of Cape Canaveral/Waste Pro of Florida, Inc. Page 29 of 48 Attachment "A" to Ordinance No. 13-2014 receipt requested, written notification of the amount, date and purpose of such withdrawal. 12.5 Replenishment of Letter of Credit and Performance Bond. No later than thirty (30) days, after mailing to the Contractor by certified mail notification of a withdrawal pursuant to paragraph 12.4 above, the Contractor shall replenish the letter of credit and/or performance bond in an amount equal to the amount so withdrawn. Failure to make timely replenishment of such amount to the letter of credit and/or performance bond shall constitute a failure of the Contractor to faithfully comply with the provisions of this Agreement. 12.6 Non-renewal, Alteration, or Cancellation of Letter of Credit or Performance Bond. The performance bond and letter of credit required herein shall be in a form satisfactory to the City which approval shall not be unreasonably withheld and shall require thirty (30) days written notice of any non-renewal, alteration or cancellation to both the City and the Contractor. The Contractor shall, in the event of any such cancellation, alteration, or non-renewal notice, obtain, pay all premiums for, and file with the City, written evidence of the issuance of replacement bond or policies within thirty (30) days following receipt by the City or the Contractor of any notice of cancellation, alteration, or non- renewal. 12.7 Inflation. At the sole discretion of the City, to offset the effects of inflation, the amount of the bond or letter of credit provided for herein is subject to annual increases at the end of every year provided the amount of the bond or letter of credit shall not exceed fifty percent (50%) of the total amount paid Contractor by City pursuant to paragraph 5.0 for the year previous to the increase. 12.8 Default. The performance bond and letter of credit provided pursuant to this section shall become the property of the City in the event that this Agreement is canceled or terminated by reason of default by the Contractor. 12.9 Right to Require Replacement of Bonds or Letter of Credit. If the City becomes aware of the financial condition of any bonding or financial institution issuing a performance bond or letter of credit as required herein and said financial condition is reasonably deemed by the City to jeopardize the collateral posted with the City, the City may require such bond or letter of credit be replaced with such other bond or letter of credit consistent with the requirements set forth in this section. 13.0 Transfer of Ownership or Control. 13.1 Transfer of Franchise. This Agreement shall not be sold, transferred, leased, assigned or disposed of including, but not limited to, by forced or voluntary sale, merger, consolidation, receivership or other means without the prior written consent of the City, and then only under such reasonable conditions as Solid Waste Agreement City of Cape Canaveral /Waste Pro of Florida, Inc. Page 30 of 48 Attachment "A"to Ordinance No. 13-2014 the City may establish which may include, but not be limited to, financial guarantees to the collection and disposal services. 13.2 Transfer Threshold. The Contractor shall promptly notify the City of any actual or proposed change in, or transfer of, or acquisition by any other party of control of the Contractor. 13.3 City Approval. Every transfer shall make this Agreement subject to cancellation unless and until the City shall have consented thereto in writing. For the purpose of determining whether it may consent to such transfer, the City may inquire into the legal, financial, character, technical, and other public interest qualifications of the prospective transferee or controlling party, and the Contractor shall assist the City in obtaining all required information. Failure to provide all reasonable information requested by the City as part of said inquiry shall be grounds for denial of the proposed transfer. 13.4 Signatory Requirement. Any approval by the City Council of transfer of ownership shall be contingent upon the prospective assignee becoming a signatory to this Agreement. 13.5 Administrative Fee. Upon approval of the transfer of ownership an administrative fee of$25,000.00 shall be paid to the City. 14.0 Forfeiture or Termination. 14.1 Grounds for Revocation. The City reserves the right to terminate this Agreement, without penalty, and rescind all rights and privileges associated with the Franchise in the following circumstances, each of which shall represent a default and breach of this Agreement: A. Contractor defaults in the performance of any of the material obligations to provide collection and disposal services under this Agreement or the City Code; B. Contractor fails to provide or maintain in full force and effect the liability and indemnification coverage or the performance bond (or alternative letter of credit) as required herein; C. Contractor violates any material provisions of any orders or rulings of any regulatory body having jurisdiction over the Contractor relative to this Agreement and any regulatory ordinance of the City, and Contractor fails to begin cure within five business (5) days of notice from the City to complete cure within a reasonable time after notice, as determined by the City; Solid Waste Agreement City of Cape Canaveral/Waste Pro of Florida, Inc. Page 31 of 48 Attachment "A" to Ordinance No. 13-2014 D. Contractor practices or engages in any fraud upon the City or any customer; E. Contractor's is gross negligence, as defined by general law, in maintaining any of the level of service standards required in this Agreement; F. Contractor becomes insolvent, unable/unwilling to pay its debts or is adjudged bankrupt; G. Contractor fails to provide collection and disposal service throughout the service area if a disruption of such service occurs pursuant to paragraph 24.0 of this Agreement, unless approval of such disruption is obtained from the City; H. Contractor fails to satisfy the level of service annual evaluation conducted pursuant to paragraph 9.3 of this Agreement; or I. Contractor provided a material misrepresentation of fact in the application for or negotiation of the Franchise granted under this Agreement or any extension or renewal thereof 14.2 Effect of Circumstances. Contractor shall not be declared at fault or be subject to any sanction under any provision of this Agreement in any case, in which performance of any such provision is prevented for reasons beyond the Contractor's control. For the purposes of this Agreement, causes or events beyond the Contractor's control shall include, without limitation, acts of God, floods, earthquakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, restraints imposed by order of a governmental agency or court. A fault shall not be deemed to be beyond the Contractor's control if committed by a corporation or other business entity in which the Contractor holds a controlling interest whether held directly or indirectly, when such fault is due to Contractor's financial inability to perform or comply, economic hardship, or misfeasance, malfeasance or nonfeasance by any of the Contractor's directors, officers, employees, contractors or agents. 14.3 Effect of Pending Litigation. Pending litigation or any appeal to any regulatory body or court having jurisdiction over the Contractor shall not excuse the Contractor from performance of its obligations under this Agreement, unless specifically provided for by court order or by the regulatory body having jurisdiction over such matters. Failure of the Contractor to perform such obligations because of pending litigation or petition may result in forfeiture or revocation pursuant to the provisions of this Section. Solid Waste Agreement City of Cape Canaveral/Waste Pro of Florida, Inc. Page 32 of 48 Attachment "A"to Ordinance No. 13-2014 14.4 Procedure Prior to Revocation. Except as provided in paragraph 9.3 for annual evaluations, the Authorized Representative shall notify the Contractor in writing of the exact nature of the alleged violation constituting a ground for termination and give the Contractor thirty (30) days, or such greater amount of time as the Authorized Representative may specify, to correct such violations or to present facts and arguments to refute the alleged violation. If the Authorized Representative then concludes that there is a basis for termination, he it shall notify the Contractor thereof. If within the designated time the Contractor does not remedy and/or put an end to the alleged violation, the City's City Council, after a public hearing where all interested parties may be heard, may suspend or revoke the Franchise under this Agreement, without penalty, if it determines that such action is warranted. The Contractor shall not be held in default nor suffer any penalties where non-compliance or default is caused by an event beyond the Contractor's control, as stated in Section 14.2. 15.0 Regulatory Authority. 15.1 Authority. The City reserves the right to exercise the maximum authority, as may be lawfully permissible, to regulate the collection and disposal services and any other solid waste services, granted hereunder. Should applicable legislative,judicial or regulatory authorities at anytime permit regulation not presently permitted to the City, the City may without the approval of the Contractor engage in any such additional regulation as may then be permissible, whether or not contemplated by this Agreement or the City Code, including without limitation, regulation regarding franchise fees, taxes, programming, rates charged to customers, consumer protection, or any other similar or dissimilar matter. The City agrees to meet and confer with the Contractor prior to enacting new regulatory ordinances. 15.2 Right of Inspection. The City shall have the right to inspect and in the accompaniment of a representative of the Contractor all collection and disposal services performed subject to the provisions of this Agreement and equipment used by Contractor, and to make such tests as it finds necessary to ensure compliance with the terms of this Agreement, the City Code and any other applicable provisions of local, state or federal law. 15.3 City Regulation. To the extent that any federal, state law or regulation may now, or as the same may hereafter be amended by legislation, administrative regulation, Of decision, or judicial determination, authorize the City to regulate the rates for any particular service tiers, service packages, equipment, or any other services provided by Contractor, the City shall have the right to exercise rate regulation to the full extent authorized by law, or to refrain from exercising such regulation for any period of time, at its sole discretion. The City shall provide advance notification to the Contractor of its intention to exercise any such regulation and written notification when such ordinance is adopted. Failure to so provide advance notification to the Contractor Solid Waste Agreement City of Cape Canaveral /Waste Pro of Florida, Inc. Page 33 of 48 Attachment "A" to Ordinance No. 13-2014 or written notification when such ordinance is adopted shall not be a basis upon which to declare this Agreement in breach or to invalidate the ordinance. 15.4 City Health and Sanitation Regulations. Without limitation on the authority granted City above; City reserves the unconditional right to adopt by ordinance additional health and sanitation regulations which apply to the collection and disposal of solid waste, bio hazardous waste, biological waste, construction and demolition debris, hazardous waste, sludge, special waste and all other kinds of waste. To the extent determined by the City, these regulations shall be codified in Chapter 62 of the City Code. Contractor shall fully comply with these regulations as applicable to the collection and disposal services provided under this Agreement and said regulations shall be deemed to be fully incorporated herein by this reference. In the event any provision of this Agreement is in conflict with any provision of the additional City health and sanitation regulations, the provisions contained in this Agreement shall prevail. 16.0 Liability and Insurance. 16.1 Certificate of Insurance. Prior to the effective date of this Agreement and thereafter continuously throughout the duration of the Agreement and any extensions or renewals thereof, Contractor shall furnish the City, certificates of insurance and endorsements, in a form approved by the City, for all types of insurance required under this section. Failure to furnish said certificates of insurance and endorsements in a timely manner shall constitute material breach of this Agreement. 16.2 No Liability Limit. Neither the provisions of this Section or any damages recovered by the City hereunder, shall be construed to limit the liability of Contractor for damages under this Agreement. 16.3 Endorsement. All insurance policies maintained pursuant to this Agreement shall contain an endorsement in substantially the following form: It is hereby understood and agreed that this insurance policy may not be modified or canceled by the insurance company nor the intention not to renew be stated by the insurance company until thirty (30) Days after receipt by the City of Cape Canaveral City Manager by certified mail, of a written notice of such intention to cancel or not to renew. 16.4 State Instiitution. All insurance policies provided pursuant to this Agreement shall be written by companies authorized by the Florida Insurance Commissioner to do business in the State of Florida as an insurance company. Solid Waste Agreement City of Cape Canaveral / Waste Pro of Florida, Inc. Page 34 of 48 Attachment "A" to Ordinance No. 13-2014 The insurance company shall have a Best Insurance rating of A or better, unless otherwise approved by the Authorized Representative. 16.5 Named Insured. The City shall be an additional named insured for all insurance policies written pursuant to this Agreement, as the City's interests may appear from time to time. 16.6 Changes in Policy Limits. To offset the effects of inflation and to reflect changing liability limits, all of the coverage, limits, and amounts of the insurance provided for herein are subject to reasonable increases at the end of every two (2) year period of this Agreement, applicable to the next two (2) year period or termination date of this Agreement (whichever occurs first), at the City's discretion, but not to exceed the coverage, limits, and amounts of insurance the City requires of other contractors transacting business with the City. 16.7 Commercial General Liability Insurance. Contractor shall maintain throughout the term of this Agreement, general liability insurance insuring Contractor in the minimum of: A. $1,000,000 for property damage single limit; and B. $1,000,000 single limit liability for personal bodily injury or death to any one person. C. $2,000,000 aggregate liability and excess liability $5,000,000 each occurrence. 16.8 Automobile Liability Insurance. Contractor shall maintain throughout the term of the Agreement, automobile liability insurance for owned, non-owned, or rented vehicles in the minimum amount of: A. $1,000,000 single limit liability for bodily injury and consequent death per occurrence; and B. $1,000,000 for property damage per occurrence. 16.9 Workers' Compensation. Contractor shall maintain throughout the term of the Agreement, workers' compensation at least to the minimum amount of the statutory limit for workers' compensation, as amended from time to time. 17.0 Indemnification and Hold Harmless. For all collection and disposal services performed by Contractor pursuant to this Agreement, Contractor agrees to the fullest extent permitted by law, to indemnify and hold harmless the City, its council members, attorneys, employees, officers, and agents from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorney's fees through any and all administrative, pre-trial, trial, post judgment, Solid Waste Agreement City of Cape Canaveral /Waste Pro of Florida, Inc. Page 35 of 48 Attachment "A" to Ordinance No. 13-2014 appellate proceedings), directly or indirectly arising from: (i) the acts, errors, omissions, intentional or otherwise, arising out of or resulting from Contractor's or its subcontractors, or agents performance of the collection and disposal services pursuant to this Agreement; (ii) defaults under this Agreement; (iii) failing to properly train employees under Contractor's control or direction; and (iv) failing to properly equip or hire employees under Contractor's control or direction in the performance of the collection and disposal services under this Agreement. The indemnification provided above shall obligate Contractor to defend at its own expense or to provide for such defense, at the option of the City, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against the City, its council members, attorneys, employees, officers and/or agents which may result from the collection and disposal services under this Agreement whether the collection and disposal services be performed by the Contractor, its subcontractors, or anyone directly or indirectly employed by them. In all events the City shall be permitted to choose legal counsel of its sole choice, the attorney fees for which shall be subject to and included with this indemnification provided herein, as long as said fees are no greater than at a rate deemed reasonable at the time indemnification is required. The City agrees to be responsible for the City's own negligent acts and omissions. 18.0 Interference with Persons Public and Private Property and Utilities. Contractor's collection equipment and personnel used in performing the collection and disposal services hereunder shall: A. Not endanger or interfere with the health, safety or lives of persons; B. Not interfere with any improvements which the City, county, state, and federal government may deem proper to make; C. Not interfere with the free and proper use of public rights-of-way, alleys, bridges, easements or other public property, except to the minimum extent possible during actual collection and disposal services being provided hereunder; D Not interfere with the rights and reasonable convenience of private property owners, except to the minimum extent possible during actual collection and disposal services being provided hereunder; and E. Not obstruct, hinder or interfere with any gas, electric, water, wastewater, reclaimed water, storm water drainage, telephone, cable or other utility facilities located within the service area. 19.0 Books and Records Available to City, Quarterly Report to Cit.. Council (Note 19.1 was updated to conform with City Attorney's memo) 19.1 Records. In accordance with section 119.0701, Florida Statutes, Contractor agrees that all documents, transactions, writings, papers, letters, tapes, photographs, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made Solid Waste Agreement City of Cape Canaveral /Waste Pro of Florida, Inc. Page 36 of 48 Attachment "A" to Ordinance No. 13-2014 or received pursuant to this Agreement or in connection with any funds provided by the City pursuant to this Agreement may be considered public records pursuant to Chapter 119, Florida Statutes. Contractor agrees to keep and maintain any and all public records that ordinarily and necessarily would be required by the City in order to perform the services required by this Agreement. Contractor also agrees to provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes or as otherwise provided by law. Contractor shall also ensure that public records that are exempt or confidential and exempt from the public records disclosure requirements are not disclosed except as authorized by law. In addition, Contractor shall meet all requirements for retaining public records and transfer, at no cost, to the City all public records in possession of the Contractor upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. If Contractor does not comply with a public records request, the City shall have the right to enforce the provisions of this Paragraph. In the event that Contractor fails to comply with the provisions of this Paragraph, and the City is required to enforce the provisions of this Paragraph, or the City suffers a third party award of attorney's fees and/or damages for violating the provisions of Chapter 119, Florida Statutes due to Contractor's failure to comply with the provisions of this Paragraph, the City shall be entitled to collect from Contractor prevailing party attorney's fees and costs, and any damages incurred by the City, for enforcing this Paragraph against Contractor. And, if applicable, the City shall also be entitled to reimbursement of any and all attorney's fees and damages which the City was required to pay a third party because of Contractor's failure to comply with the provisions of this Paragraph. This Paragraph shall survive the termination of this Agreement. 19.2 Review. For records not constituting a public record under Chapter 119, Florida Statutes, Contractor shall permit, during Contractor's normal business hours, the Authorized Representative to examine, at the City's discretion, any and all maps and other records kept or maintained by the Contractor or under its control concerning the operations, affairs, transactions or property of Contractor relative to the collection and disposal services provided under this Agreement. The examination shall take place at Contractor's office. 19.3 Reports to be Filed. The following reports shall be provided to the City: A. A monthly customer report sorted alphabetically by address, in a format approved by the City which lists the customer's address and name, type, quantity, frequency, size, of the container picked up from the customer, and a description of the kind of service provided customer. Solid Waste Agreement City of Cape Canaveral/Waste Pro of Florida, Inc. Page 37 of 48 Attachment "A" to Ordinance No. 13-2014 B. A monthly report of all customers, and fees received from them by Contractor, for collection and disposal services not billed by the City, if any. 19.4 Mandatory Records. The Contractor shall at all times maintain: A. A record of all complaints received and interruptions, disruptions, or degradation of collection and disposal services for the preceding year prior to the annual performance evaluation by the City. B. A full and complete document(s) describing the rates, schedules, and routes for the collection and disposal services. C. A record of all customers, and fees received from them by Contractor, for collection and disposal services not billed by the City, if any. D. Contractor shall maintain an online web-based customer complaint tracking system at no additional expense to the City. Contractor shall provide the City with electronic access to the tracking system so the City can freely review the complaints filed in the system. E. Contractor shall reimburse the City on a monthly basis for the City's expenses incurred under the Municipal Tracking System Trac EZ User Agreement. Said amount shall be deducted from the amount owed Contractor by the City each month. 19.5 Other Records. The City may impose reasonable requests for additional information, records and documents from time to time, and the Contractor shall produce said records within a reasonable amount of time so long as such request relates to the City's enforcement abilities under this Agreement or the Code. 20.0 Preferential or Discriminatory Practices Prohibited. All collection and disposal services rendered and all rules and regulations adopted by Contractor shall have general application to all persons and shall not subject any person to prejudice or disadvantage on account of race, gender, religion, origin, or ethnicity. Contractor shall not deny service to any group of potential customers within the City because of the income of the customers within the service area. Contractor shall not charge customers different rates for service of the same class or type. However, this paragraph is not intended to restrict Contractor from offering reasonable discounts to senior citizens or other economically disadvantaged groups in accordance with any local, state, or federal law. Solid Waste Agreement City of Cape Canaveral /Waste Pro of Florida, Inc. Page 38 of 48 Attachment "A"to Ordinance No. 13-2014 21.0 Storms; Hurricanes; Natural Disasters; Calamities. In the event a major storm, hurricane, natural disaster, or any other type of major or serious calamity ("calamity") causes an excessive amount of refuse, vegetative waste, bulk trash, or other excessive debris ("debris") to accumulate on streets, alleys, bridges, and on private and/or public property, Contractor shall collect such debris at the City's written request. City agrees to pay Contractor for such additional service in an amount mutually agreed upon in writing by the City and Contractor. Contractor acknowledges and agrees that collection and disposal services performed after a calamity may be subject to special procedures in order that the City can receive reimbursement from state and federal agencies like FEMA. In such cases, Contractor shall be fully responsible and liable for complying with all such procedures and shall also indemnify and hold harmless the City in the event Contractor fails to comply with said procedures. Nothing in this Agreement shall exclude or prohibit the City or any other contractors from collecting and disposing of such debris caused by a major or serious calamity. The City has a continuing Interlocal Agreement with Brevard County for Disaster Debris Removal. Upon notification that Brevard County has been declared a federal disaster area by the President of the United States, Brevard County, shall coordinate the collection of disaster related debris through the City's and County's franchised solid waste collectors on behalf of the City. The City shall negotiate with the Contractor for any expenditure(s) for debris clean up not reimbursed by Federal Emergency Management Agency and the State of Florida. 21.1 Additional Activation Assets. Contractor shall provide additional activation assets that can be used to timely and adequately respond to debris and solid waste removal during disasters. 22.0 Miscellaneous Provisions. 22.1 Independent Contractor. Contractor is an independent contractor and nothing in this Agreement is intended nor shall be construed to create an employer /employee relationship, a joint venture relationship, a partnership relationship, or to allow the City to exercise control or direction over the manner or method by which Contractor performs the collection and disposal services which are the subject matter of this Agreement. Contractor understands and agrees that: (i) the City will not withhold on behalf of Contractor pursuant to this Agreement any sums for payment of income tax, unemployment insurance, social security or any other withholding; (ii) all such payments, withholdings and taxes are the sole responsibility of Contractor; and (iii) Contractor will indemnify and hold the City, its city council members, attorneys, employees, officers, and/or agents harmless from and against any and all loss or liability arising with respect to such payments, withholdings, or taxes, including, but not limited to reasonable attorney's fees through any and all administrative, pre-trial, trial, post-trial judgment, and appellate proceedings. The parties hereto agree that both Contractor and the City shall have the right to participate in any discussion or negotiation with the Internal Revenue Service concerning Contractor's independent contractor status regardless of with whom or by whom such discussions or negotiations are initiated. In the event that any applicable Solid Waste Agreement City of Cape Canaveral/Waste Pro of Florida, Inc. Page 39 of 48 Attachment "A" to Ordinance No. 13-2014 government agency determines that Contractor is an employee of the City and the City is required to pay any additional amount to any governmental authority based upon Contractor being reclassified an employee of the City, Contractor hereby covenants and agrees to reimburse immediately the City for any such amount paid to any such governmental authority and the costs and expenses associated with defending the City including, but not limited to, reasonable attorney's fees. In the event that Contractor is reclassified as an employee and becomes eligible for a refund of any taxes paid to any governmental agency including, but not limited to, a claim for refund of self-employment taxes, then Contractor hereby covenants and agrees to pursue any such refund and assign to the City the proceeds from any such refund. 22.2 No Joint Venture. Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other. 22.3 Entire Agreement. This Agreement represents the entire understanding and agreement between the parties hereto with respect to the subject matter hereof, and supersedes all prior oral negotiations and written agreements between the parties. This Agreement may be amended, supplemented, modified, or changed only by a written instrument agreeing to said amendment, supplementation, modification, or change in the terms hereof by the parties. 22.4 Notices. Any notice, request, instruction, or other document to be given as part of this Agreement shall be in writing and shall be deemed served when either delivered in person to the following designated agents or received by registered or certified United States mail, return receipt requested, postage prepaid, or received by facsimile, addressed as follows: TO THE CITY: City Manager City of Cape Canaveral 105 Polk Avenue (P.O. Box 326) Cape Canaveral, FL 32920 Ph: 321 -868 -1220 Solid Waste Agreement City of Cape Canaveral/Waste Pro of Florida, Inc. Page 40 of 48 Attachment "A"to Ordinance No. 13-2014 TO THE CITY ATTORNEY: Brown. Garganese. Weiss and D'Agresta. P.A. P.O. Box 2873 Orlando, FL 32802-2873 Ph: 407-425-9566 TO THE CONTRACTOR: Regional Vice President Waste Pro of Florida, Inc. 3705 St. Johns Pkwy Sanford, Florida 32771 Ph: 407-774-0800 Either party may change the aforementioned designated agents at any time by providing written notice of such change to the other party. 22.5 Captions. Captions to sections throughout this Agreement are solely to facilitate the reading and reference to the sections and provisions of the Agreement. Such captions shall not affect the meaning or interpretation of the Agreement. 22.6 Severability. If any section, subsection, sentence, clause, phrase, or portion of this Agreement 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. Such holding shall not affect the validity of the remaining portions of this Agreement, unless the City determines that the portions remaining (without the severed portions) have an adverse effect on the best interests of City, then City shall have the right to terminate this Agreement. 22.7 City's Rights of Intervention. Contractor agrees not to oppose intervention by the City in any suit or proceeding to which Contractor is a party, concerning or involving this Agreement and the City's rights under this Agreement. 22.8 Attorney's Fees. In the event of litigation arising out of or relating to this Agreement, the prevailing party shall be entitled to recover all its reasonable expenses, including attorney's fees, costs, and other expenses reasonably and necessarily incurred, through all administrative, pre-trial, trial, post judgment, and appellate proceedings. 22.9 Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. Solid Waste Agreement City of Cape Canaveral/Waste Pro of Florida, Inc. Page 41 of 48 Attachment "A"to Ordinance No. 13-2014 22.10 Waiver. Failure of the City to insist upon performance within any time period or upon a proper level of service shall not act as a waiver of the City's right to later claim a failure to perform on the part of Contractor. 22.11 Jurisdiction; Venue. This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Brevard County, Florida. Venue for any federal action or litigation shall be Orlando, Florida. 23.0 Effective Date/Term. 23.1 Effective Date. The effective date of the Contract shall be October 1, 2014. 2449 23.2 Term. The term of this Agreement shall be from October 1, 2014 2009 to September 30, 2019 2041 subject to an annual evaluation by the City under paragraph 9.0 herein and termination as provided for in paragraph 14.0 herein. The term of this Agreement may be extended pursuant to paragraph 23.3 herein. 23.3 Renewal. This Agreement shall be renewed for additional five (5) years terms by mutual agreement of the parties unless either party provides notice of non-intent at least 180 days prior to expiration of the Agreement or renewal thereof. 24.0 Disruption in Collection and Disposal Services. In the event a disruption (e.g. strike, labor stoppage, collection equipment in disrepair) causes Contractor to fall one week or more behind in its collection schedule, City may, at its option, cause the collection and disposal services to be performed by any means available to City. Such means may include, but not be limited to, City taking over and operating the collection equipment used in the performance of this Agreement until such time Contractor can perform the collection and disposal services and/or City contracting with a third party to perform the collection and disposal services. Any cost incurred by City in exercising this option shall be charged against Contractor and the performance bond or alternative letter of credit furnished by Contractor under this Agreement. The foregoing option shall only be exercised by a majority vote of the City's City Council after the City Council has declared that the disruption has caused an emergency to arise within the service area that adversely effects the public health, safety, and welfare. Solid Waste Agreement City of Cape Canaveral /Waste Pro of Florida, Inc. Page 42 of 48 Attachment "A"to Ordinance No. 13-2014 [all text other than header and footer is strikethroughed] Solid Waste Agreement City of Cape Canaveral /Waste Pro of Florida, Inc. Page 43 of 48 Attachment "A" to Ordinance No. 13-2014 25.0 Administrative Charges Should the Contractor commit any of the breaches described herein in Contractor's obli'ations under this Contact, the City shall be entitled to as ess a ainst the Contrac or the amounts listed below, not as a penalty but as administrative charges. The City will be entitled to offset any administrative charges assessed against the monthl fee otherwise due to Contractor hereunder or alternatively to collect such damages from the performance bond. Each complaint shall be considered legitimate, unless satisfactory evidence to the contrary is furnished to the Authorized Representative by the Contractor. The decision of the Authorized Representative shall be final. On-site inspection will be provided by the City to determine the legitimacy of disputed complaints. This provision shall not limit other contract claims or remedies that the Cit may have against the Contractor under this Contract. 25.1 OPPORTUNITY FOR CURE NOT REQUIRED. The following administrative charges may be assessed without the need to give the Contractor the opportunity to cure: A. Failure to collect missed customers by 7:00 P. M. the same day when given notice before noon, or by 12:00 noon the following day when given notice between 12:00 noon and 5:00 P. M.: $50 per incident, a maximum of$300 Per truck per day. B. Un-handled complaints over 20 in a single month: $50 per incident including the first 20. C. Failure to replace damaged container within five days for commercial customers and 72 hours for residential customers: $50 per incident. D. Failure to repair damage to customer's property within seven days: $100 per incident. E. Equipment operator not properly licensed: $250 per incident. F. Failure to comply with the current schedules: $125 per incident. G. Failure to complete a route on the regular pick-up day: $125 per day for each route not completed. H. Failure to provide proper notification prior to residential route changes: $125 per day, per route not notified. Solid Waste Agreement City of Cape Canaveral /Waste Pro of Florida, Inc. Page 44 of 48 Attachment "A" to Ordinance No. 13-2014 I. Causin skid marks or s illa e marks on roadwa s rivate driveways,or any thoroughfare within the service area: $75 per incident. J. Causing hydraulic spills or leaks as well as an other fluids having potential to damage or stain asphalt, concrete, or other roadway surfaces: $250 per incident. K. Failure to clean spillage caused from residential or commercial route vehicles leaking from collected garbage $150 per incident 25.2. OPPORTUNITY FOR CURE REQUIRED. The following administrative charges may be assessed only (i) after the City has given Contractor notice and a reasonable o'portunity to cure, or (ii) where the violation is a repeat violation i.e. Contractor has previously failed the specific item listed at least once within the past 12 months and the City has previously provided Contractor notice of such failure): A. Failure to maintain office hours as required: $100 per incident. B. Failure to provide documents and reports in a timely and accurate manner as per agreement: $50 per incident. C. Failure to cover materials, if appropriate, on all collection vehicles: $100 per incident. D. Failure to comply with requested employee roster, proper uniforms, and empl yee identification and safety equipment as per a. eement: '.151 per incident. E. Failure to close gates on dumpster enclosures as well as container lids and locking all locks on commercial customer locations: $75 per incident. F. Failure to follow established reporting operation or administrative procedures: $150 per incident. G. Failure to provide monthly tonnage and recycling data reports: $250 per incident. H. Loaded vehicles left standing on street unnecessarily: $150 per incident. I. Failure to drive in the proper direction: $100 per incident. J. Commingling solid waste with vegetative waste, recyclable materials, C & D materials or other waste material: $250 per incident. Solid Waste Agreement City of Cape Canaveral /Waste Pro of Florida, Inc. Page 45 of 48 Attachment "A"to Ordinance No. 13-2014 K. Failure to resort rec cling activity monthly in the format determined by the Contractor, for the purpose of tracking and verifying City wide recycling activity: $100 per incident. 26.0 Contractor's Representative. Contractor shall designate an individual to act as a representative for Contractor under this Agreement with the authority to transmit instructions, receive information, and make or interpret Contractor's decisions. This person shall be Contractor's contract administrator. Initially, the person who shall act as the representative for Contractor with respect to this Agreement shall be Tim Dolan, District Manager. Contractor may from time to time designate other individuals or delete individual's with the authority to act for Contractor under this Agreement with the authority to transmit instructions, receive information, and make or interpret Contractor's decisions. All deletions or designation of individuals to serve as a representative shall be given by written notice. 27.0 Time of the Essence. Contractor acknowledges and agrees that time is of the essence for the completion of the collection and disposal services to be performed under this Agreement. Unless otherwise extended in writing by the City, Contractor agrees to complete the collection and disposal services as required by this Agreement. 28.0 Sovereign Immunity. Nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. 29.0 Title to Refuse. The City shall have the right and title to all refuse, including recycling, set out for collection. Once collected by Contractor, ownership of all refuse, including recycling. collected under this Agreement shall transfer to the Contractor. 30.0 Public Awareness Campaign. 30.1 General. Contractor agrees to provide, and assist the City in conducting, a public awareness campaign to promote the collection, disposal and recycling services provided under this Agreement. All materials and publications used by Contractor shall be reviewed by the City and approved by the Authorized Solid Waste Agreement City of Cape Canaveral/Waste Pro of Florida, Inc. Page 46 of 48 Attachment "A" to Ordinance No. 13-2014 Representative. All materials and publications used by the City shall be reviewed by Contractor and approved by Contractor's representative. 30.2 Contractor shall provide $2,000.00 to the City, each year on October 1st, for public awareness of the City's recycling program. Said amount shall increase by 2.5% each year during the Agreement term and any extensions thereof. 30.3 Contractor shall maintain membership in Keep Brevard Beautiful during the entire term of the Solid Waste Agreement. 30.4 Contractor and City will conduct a joint marketing program for small business recycling. Contractor agrees to tailor its services to meet the individual needs of a business. If traditional recycling programs for multi-family recycling customers are not deemed acceptable to the customers and the City, Contractor will design a recycling option that works for the City and its multi-family recycling customers. Solid Waste Agreement City of Cape Canaveral/Waste Pro of Florida, Inc. Page 47 of 48 Attachment "A" to Ordinance No. 13-2014 Attest: City of Cape Canaveral, Florida A Florida municipal corporation Angela M. Apperson, City Clerk Rocky Randels, Mayor City Seal Contractor: Witness: Waste Pro of Florida, Inc. Print Name Print Name/Title Corporate Seal Solid Waste Agreement City of Cape Canaveral/Waste Pro of Florida, Inc. Page 48 of 48 Exhibit "A" to Solid Waste Franchise Agreement City of Cape Canaveral Solid Waste Rate Schedule Services billed by the City Monthly Fee User Category Code Effective Jan 2015 Single Family - CART, vegetative waste, Bulk, single stream recycling service and weekly clam truck vegetative waste pick up. SFR1 $9.60 plus CPI Mobile Home - CART, vegetative waste, Bulk, single stream recycling service and weekly clam truck vegetative waste pick up. MHR2 $9.60 plus CPI Multi - Family - vegetative waste, Bulk, single stream recycling service and weekly clam truck vegetative waste pick up. RCCM $2.91 plus CPI Commercial CART service CANS $11.73 plus CPI Commercial single stream recycling cart service CSSR $1.91 plus CPI Monthly Container (dumpster) yards $28.64 plus CPI Cubic yard rate See $3.31 plus CPI Extra pick-up container yards Page 2 $4.31 plus CPI Wheels & Lock Bars (dumpsters only) WHEE $38.18 plus CPI Description of Services Billed by Contractor Roll off container 20, 30 & 40 yard open top per pull $174.55 plus CPI Roll off compactors 15, 20, 30 & 40 yard monthly rate $490.93 plus CPI Compactor per pull charge 15, 20, 30 & 40 yard per pull $174.55 plus CPI Delivery charge for all roll off type containers $81.82 plus CPI Vegetative Waste Special Pick up (use of cherry picker, claw or clam truck) Full truck per pick up - more than 10 cubic yards $130.91 plus CPI 1/2 truck per pick up - less than 10 cubic yards $65.46 plus CPI Commercial Recycling Dumpsters Market Rates Page 1 of 2 Exhibit"A" to Solid Waste Franchise Agreement City of Cape Canaveral Solid Waste Rate Schedule Rate Rate Size of Dumpster / Frequency of Pick Up Code Jan 2014 Jan 2015 DUMPSTER 2 CU 2 PU GX22 $57.28 add CPI DUMPSTER 2 CU 3 PU GX23 $94.63 add CPI DUMPSTER 2 CU 4 PU GX24 $131.98 add CPI DUMPSTER 2 CU 5 PU GX25 $169.33 add CPI DUMPSTER 2 CU 6 PU GX26 $206.68 add CPI DUMPSTER 3 CU 2 PU GX32 $85.92 add CPI DUMPSTER 3 CU 3 PU GX33 $141.95 add CPI DUMPSTER 3 CU 4 PU GX34 $197.97 add CPI DUMPSTER 3 CU 5 PU GX35 $253.99 add CPI DUMPSTER 3 CU 6 PU GX36 $310.01 add CPI DUMPSTER 4 CU 2 PU GX42 $114.56 add CPI DUMPSTER 4 CU 3 PU GX43 $189.26 add CPI DUMPSTER 4 CU 4 PU GX44 $263.96 add CPI DUMPSTER 4 CU 5 PU GX45 $338.65 add CPI DUMPSTER 4 CU 6 PU GX46 $413.35 add CPI DUMPSTER 6 CU 2 PU GX62 $171.85 add CPI DUMPSTER 6 CU 3 PU GX63 $283.89 add CPI DUMPSTER 6 CU 4 PU GX64 $395.94 add CPI DUMPSTER 6 CU 5 PU GX65 $507.98 add CPI DUMPSTER 6 CU 6 PU GX66 $620.03 add CPI DUMPSTER 8 CU 2 PU GX82 $229.13 add CPI DUMPSTER 8 CU 3 PU GX83 $378.52 add CPI DUMPSTER 8 CU 4 PU GX84 $527.91 add CPI DUMPSTER 8 CU 5 PU GX85 $677.31 add CPI DUMPSTER 8 CU 6 PU GX86 $826.70 add CPI Page 2 of 2 Exhibit "B" to Solid Waste Franchise Agreement City Controlled Property The list of services outlined in this exhibit will be provided to the City free of charge. This list will be updated as permanent facilities are added to the City facilities. Temporary construction projects are not included in this list. Commercial Service, Solid Waste and Recycling Facility Location Size Frequency Qty Recycling Additional Information Police Precinct 111 Polk Ave 4 yard 2xWeek 1 Yes City Hall 105 Polk Ave N/A N/A N/A Yes City Library 201 Polk Ave 2 yard 2xWeek 1 Yes Public Works 601 Thurm Blvd 2 yard 2xWeek 1 Yes Public Works 601 Thurm Blvd 30 yard OT As Needed 1 N/A Solid Waste Public Works 601 Thurm Blvd 30 yard OT As Needed 2 N/A Yard Waste Public Works 601 Thurm Blvd 15 yard OT As Needed 1 N/A Metal Fire Department 190 Jackson Ave 2 yard 2xWeek 1 Yes Manatee Park 701 Thurm Blvd 2 yard 2xWeek 1 Yes Leisure Services 7300 N.Atlantic N/A N/A N/A Yes Youth Center 7920 Orange Ave 96 gal 2xWeek 2 Yes Beachend Crossovers and Bus Stops-Solid Waste and Recycling Facility Location Size Frequency Qty Recycling Additional Information Johnson Ave 96 gal 6xWeek 2 Yes Lincoln Ave 96 gal 6xWeek 2 Yes Buchanan Ave 96 gal 6xWeek 2 Yes Pierce Ave 96 gal 6xWeek 2 Yes Fillmore Ave 96 gal 6xWeek 2 Yes Taylor Ave 96 gal 6xWeek 2 Yes Polk Ave 96 gal 6xWeek 2 Yes Tyler Ave 96 gal 6xWeek 2 Yes Harrison Ave 96 gal 6xWeek 2 Yes Jackson Ave 96 gal 6xWeek 2 Yes Monroe Ave 96 gal 6xWeek 2 Yes Madison Ave 96 gal 6xWeek 2 Yes Jefferson Ave 96 gal 6xWeek 2 Yes Adams Ave 96 gal 6xWeek 2 Yes Washington Ave 96 gal 6xWeek 2 Yes Canaveral Sands 96 gal 6xWeek 2 Yes Harbor Heights 96 gal 6xWeek 2 Yes All Public Transportation Bus Stop locations currently in place and any future Bus Stop locations added by the City will be emptied six(6)times a week. It will be the City's responsibility to notify Contractor of additional locations. City Sponsored SPECIAL EVENTS(Shall include trash and recycling carts) Friday Fest Taylor/Poinsetta Aves 1st Friday of Each Month Space Coast Music Festival Manatee Park September Annually Heritage Day/ Spring Festival Manatee Park March Annually Reindeer Run Cherie Down Park December Annually Page 1 of 2 Exhibit "B"to Solid Waste Franchise Agreement City Controlled Property All Public City Trash and Recycling locations currently in place and any future locations added by the City will be emptied two(2)times a week. It will be the City's responsibility to notify Contractor of additional locations. Below is the list: Facility Location Size Frequency Qty Recycling Additional Information Center St Park Center St on River Can 2xWeek 1 Yes W. Central Blvd Ditch w/Bench Can 2xWeek 1 No W. Central Blvd West of N.Atlantic Can 2xWeek 1 No N Atlantic Ave Across from 8580 Can 2xWeek 1 No Washington Ave Across from 217 Can 2xWeek 1 No Washington Ave Across from 313 Can 2xWeek 1 No Basketball Court 7920 Orange Ave Can 2xWeek 2 No Large Baseball Field 7920 Orange Ave Can 2xWeek 5 Yes Small Baseball Field 7920 Orange Ave Can 2xWeek 5 Yes SandPiper Park Magnolia & Harrison Can 2xWeek 4 Yes Veterans Memorial Park Polk&Orange Can 2xWeek 2 No Xerscape Park Taylor Ave Can 2xWeek 3 No Recreation Complex 7300 Taylor Ave Can 2xWeek 6 Yes Patriots Park Long Point&Sunset Can 2xWeek 2 No Manatee Sanctuary Park 701 Thurm Blvd Can 2xWeek 8 Yes Banana River Park 901 River Park Drive Can 2xWeek 2 No Page 2 of 2 Attachment 2 Solid Waste Rates/Tax Rates withn Brevard County Services billed by the City Monthly Fee Proposed Cape Canaveral [effective Jan 2015 with CPI to be added BREVARD CITY OF INDIAN CITY OF SATELLITE User Category once known] COUNTY CITY OF MELBOURNE CITY OF COCOA BEACH HARBOUR BEACH BEACH Single Home: Gabage+Recycling+Yard Trash $9.60 $10.55 $10.84 $12.52 $14.16 $15.37 Mobile Home-CART: Garbage+Recycling+Yard Trash $9.60 $10.55 same n/a n/a n/a Multi-Unit:Gabage+ Recycle+Yard Trash n/a $7.91 same same $12.11 $15.06 1 64-gal 2x/week= Commercial CART service $14.52/month;1 96-gallon (1)$3.77 cu yr/month(2) 1-96 Gal 2x/wk=$21.80;2 96 gal Loose gargage$7.94 cu $32.23+$3.68 $11.73 2x/wk=$42.82 yr/month maint $31.38 Cubic yard rate $3.31/cy $3.79/cy $3.51/cy $3.77/cy $7.04/cy Proposed Tax Rates(Millage) $3.7246 $5.6310 $7.3126 $4.9798 $5.6061 $8.3206 **Rates for other services vary widely and cannot be accurately compared. Attachment 2 Page 1 of 1 COMPARISON WORKSHEET City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/21/2014 Item No. 8 Subject: Ordinance No. 14-2014; adopting the amendments to the Annual General Fund, Special Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital Fund Budgets for the Fiscal Year beginning October 1, 2013, and ending September 30, 2014; providing for the repeal of prior inconsistent ordinances and resolutions; providing for an effective date, first reading. Department: Administrative Services Summary: Each year, the Adopted Budget requires amendments. Ordinance No. 14- 2014, Attachment #1, is presented for adoption. Exhibit "A" to the Ordinance details the Revenues and Expenditures pertaining to the FY 2014 Starting Budget; FY 2014 Budget Transfers; FY 2014 Year-end Budget Adjustments; and concludes with the FY 2014 Ending Budget. The revenues and expenditures have been adjusted to reflect what we believe to be the final Budget. This allows you to see revenue that has exceeded estimates or was under-realized. On the expenditures, it allows you to see where money was saved or in some cases, where projects were budgeted, but for some reason not completed, such as North Atlantic Avenue Improvements Project and the Wastewater Treatment Refurbishment Project, which have been re-budgeted for FY 2014/15. Attachment #2 shows a complete FY 2014 Budget Adjustment Detail sequentially numbered by Account/Department, As with past years, the Comprehensive Audited Financial Report (CAFR) will provide the actual expenditures for this budget year. It is anticipated that the FY 13/14 Estimated Ending Fund Balances are as follows: General Fund $1,000,000 Special Revenue Fund $41,875 Capital Projects Fund $500,000 Wastewater Enterprise Fund $250,000 Stormwater Enterprise Fund $100,000 This is the first reading of Ordinance No. 14-2014. Submitting Department Director: John DeLeo Date: 10/9/2014 Attachments: #1 Ordinance No. 14-2014 with Exhibit "A" #2 Budget Adjustment Detail Financial Impact: No additional financial impact is experienced through the formal adoption of the Budget Adjustments & Amendments; however, the financial impact of each Adjustment or Amendment is recorded at the face value of the Amendment. Reviewed by finance Director: John DeLeo Date: 10/10/14 City Council Meeting Date: 10/21/2014 Item No. 8 Page 2 of 2 The City Manager recommends that City Council take the following action: Adopt Ordinance No. 14-2014, first reading. Approved by City Manager: David L. Greene Date: 10/13/14 City Council Action: [ ] Approved as Recommended [ ] Disapprove [ ] Approved with Modifications [ ] Tabled to Time Certain ORDINANCE NO. 14-2014 Attachment 1 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING THE AMENDMENTS TO THE ANNUAL GENERAL FUND, SPECIAL REVENUE FUNDS, AGENCY FUND, CAPITAL PROJECT FUNDS, ENTERPRISE FUNDS AND ENTERPRISE CAPITAL FUND BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013, AND ENDING SEPTEMBER 30, 2014; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. The Amendments to the Annual General Fund, Special Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital Fund Budgets which are attached hereto as Exhibit "A" and made a part hereof, of the City of Cape Canaveral, Florida for the fiscal year beginning October 1, 2013, and ending September 30, 2014, are hereby approved and adopted. SECTION 2. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day ,2014. Rocky Randels, Mayor ATTEST: FOR AGAINST John Bond Angela Apperson, City Clerk Bob Hoog Buzz Petsos Rocky Randels Approved as to form: Betty Walsh Anthony A. Garganese, City Attorney First Reading: 10/21/2014 Legal Ad Published: Second Reading: Exhibit "A" Year End Budget Adjustments For Fiscal Year Ending September 30.2014 FY 2013-2014 GENERAL FUND FY 2014 FY 2014 FY 2014 FY 2014 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward $ 399,768 $ - $ (94,508) $ 305,260 Cash Forward-Trans Impact Fees 765,000 - - 765,000 Cash Forward-R&R 250,120 - (93,251) 156,869 Ad Valorem Taxes 3,191,484 - (5,729) 3,185,755 Local Option Gas Tax 365,000 - (83,492) 281,508 Franchise Fees 640,000 - 6,341 646,341 Utility Taxes 1,100,036 - (68,451) 1,031,585 Communications Service Tax 564,000 - (78,364) 485,636 Permits&Licenses 243,350 - (14,185) 229,165 Impact Fees 1,440 - (1,440) - Federal Grants 113,000 - (113,000) - State Grants 18,000 - (18,000) - Slate Shared Revenue 742,127 - 23,373 765,500 Local Shared Revenue 154,000 - (4,884) 149,116 Charges for Services 36,175 - (11,793) 24,382 Garbage&Recycling Revenue 1,028,300 - (45,315) 982,986 Recreation Fees 99,896 - (13,879) 86,017 Fines&Forfeitures 57,900 - 22,949 80,849 Interest Income 128,409 - (63,433) 64,976 Fire Hydrant Rental Fee 54,375 - 4,535 58,910 Miscellaneous Revenue 91,625 - 181,827 273,452 Transfer from School Guard Crossing Fund 2,973 - - 2,973 Transfer from Capital Construction Fund - 3,500 189,551 193,051 Contribution from Wastewater Fund 337,300 - - 337,300 Loan Proceeds - - 5,500,000 5,500,000 TOTAL REVENUES $ 10,384,278 $ 3,500 $ 5,218,851 $ 15,606,629 EXPENDITURE Legislative $ 46,154 $ - $ (23,153) $ 23,001 Administrative Services 395,783 - (10,835) 384,948 Community&Economic Development 404,379 - (91,478) 312,901 Police Services 2,688,626 - (21,715) 2,666,911 Fire!Rescue Services 1,752,461 339 3,947 1,756,747 Building&Code Enforcement 335,863 - (6,755) 329,108 Infrastructure Maintenance 870,542 6,000 (96,588) 779,954 Leisure Services 697,697 61,500 (63,108) 696,089 Legal Services 115,000 25,000 2,955 142,955 Solid Waste 1,013,100 - (45,000) 968,100 Non-Departmental 625,314 5,000 (272,137) 358,177 Transfer to Community Redevelopment Agency 100,000 - - 100,000 Transfer to Capital Construction Fund - - 2,215,235 2,215,235 Transfer to Wastewater Enterprise Fund - - 425,000 425,000 Transfer to N Atlantic Ave Improvement Fund 808,518 - 36,062 844,580 Contingency 530,841 (94,339) 3,166,421 3,602,923 TOTAL EXPENDITURES $ 10,384,278 $ 3,500 $ 5,218,851 $ 15,606,629 10/8/2014 Page 1 of 8 Exhibit "A" Year End Budget Adjustments For Fiscal Year Ending September 30,2014 FY 2013-2014 POLICE EDUCATION FUND FY 2014 FY 2014 FY 2014 FY 2014 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Police Education Income $ 1,050 $ - $ (202) $ 848 Interest Income 200 - (62) 138 TOTAL REVENUES $ 1,250 $ - $ (264) $ 986 EXPENDITURE Education&Training $ - $ - $ - $ - Contingency 1,250 - (264) 986 TOTAL EXPENDITURES $ 1,250 $ - $ (264) $ 986 FIRE PROTECTION FUND FY 2014 FY 2014 FY 2014 FY 2014 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Interest Income $ 475 $ - $ (200) $ 275 Impact Fees 1,000 - (1,000) - Net Increase(decrease)in FMV - - (57) (57) TOTAL REVENUES $ 1,475 $ - $ (1,256) $ 219 EXPENDITURE Contingency $ 1,475 $ - $ (1,256) $ 219 TOTAL EXPENDITURES $ 1,475 $ - $ (1,256) $ 219 SCHOOL CROSSING GUARD FUND FY 2014 FY 2014 FY 2014 FY 2014 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward $ 3,200 $ - $ (3,044) $ 156 Parking Fine Surcharge 1,400 - 1,375 2,775 Interest Income 58 - (16) 42 TOTAL REVENUES $ 4,658 $ - $ (1,685) $ 2,973 EXPENDITURE Transfer to Fund 001 $ 3,200 $ - $ (227) $ 2,973 Contingency 1,458 - (1,458) - TOTAL EXPENDITURES $ 4,658 $ - $ (1,685) $ 2,973 10/8/2014 Page 2 of 8 Exhibit "A" Year End Budget Adjustments For Fiscal Year Ending September 30,2014 FY 2013-2014 LIBRARY FUND FY 2014 FY 2014 FY 2014 FY 2014 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Ad Valorem Taxes $ 57,613 $ - $ 24 $ 57,637 Ad Valorem Tax Delinquent 100 - 884 984 Tax Penalty Income 25 - 165 190 Interest Income 2,560 - 1,159 3,719 Interest-Library Impact Fees 2,000 - (2,000) - Interest-Tax Collections - - 1 1 Net Increase(decrease)in FMV - - (925) (925) Impact Fees-Library 410 - (410) - Transfer from Capital Construction Fund 34,700 - 159,097 193,797 TOTAL REVENUES $ 97,408 $ - $ 157,995 $ 255,403 EXPENDITURE Operating Expenses $ 39,515 $ - $ (9,743) $ 29,772 Capital Purchases 37,110 - (8,237) 28,873 Contingency 20,783 - 175,975 196,758 TOTAL EXPENDITURES $ 97,408 $ - $ 157,995 $ 255,403 CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY FY 2014 FY 2014 FY 2014 FY 2014 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Shared Revenue from Cape Canaveral $ 11,100 $ - $ 2,547 $ 13,647 Shared Revenue from Brevard County 11,500 - 5,647 17,147 Interest Income 500 - (500) - Net Increase(decrease)in FMV - - - - Transfer in from General Fund 100,000 - - 100,000 TOTAL REVENUES $ 123,100 $ - $ 7,694 $ 130,794 EXPENDITURE Operating Expenses $ 5,800 $ 800 $ 3,230 $ 8,230 Capital Purchases 117,300 (800) (32,600) 85,500 Contingency - - 37,064 37,064 TOTAL EXPENDITURES $ 123,100 $ - $ 7,694 $ 130,794 10/8/2014 Page 3 of 8 Exhibit "A" Year End Budget Adjustments For Fiscal Year Ending September 30,2014 FY 2013-2014 LAW ENFORCEMENT TRUST FUND FY 2014 FY 2014 FY 2014 FY 2014 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward $ 2,973 $ - $ 92 $ 3,065 Interest-State 195 - (112) 83 Net Increase(decrease)in FMV - - (175) (175) TOTAL REVENUES $ 3,168 $ - $ (195) $ 2,973 EXPENDITURS School Resource Officer $ 2,973 $ - $ - $ 2,973 Contingency 195 - (195) - TOTAL EXPENDITURES $ 3,168 $ - $ (195) $ 2,973 10/8/2014 Page 4 of 8 Exhibit "A" Year End Budget Adjustments For Fiscal Year Ending September 30,2014 FY 2013-2014 CAPITAL CONSTRUCTION FUND FY 2014 FY 2014 FY 2014 FY 2014 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward-General Government $ 2,631,075 $ - $ (2,631,075) $ - Cash Forward-Fire/Rescue 2,454,419 - (1,893,134) 561,285 Cash Forward-Protective Services - - - - Cash Forward-Leisure Services - - - - Cash Forward-Library 34,700 - 159,097 193,797 Interest-General Government 4,796 - (3,992) 804 Interest-Fire/Rescue 1,210 - (970) 240 Net Increase(decrease)in FMV - - 298 298 Transfer from General Fund - - 2,215,235 2,215,235 Cap.Expansion Fees-General Government 543 - (543) - Cap.Expansion Fees-Fire 1 Rescue 331 - (331) - TOTAL REVENUES $ 5,127,074 $ - $ (2,155,416) $ 2,971,658 EXPENDITURE Capital-General Government $ 2,631,075 $ - $ (2,305,194) $ 325,881 Capital-Fire/Rescue 2,454,419 - (195,490) 2,258,929 Transfer to General Fund - - 193,051 193,051 Transfer to Library Fund 34,700 - 159,097 193,797 Contingency-General Government 5,339 - (5,339) - Contingency-Fire/Rescue 1,541 - (1,541) - TOTAL EXPENDITURES $ 5,127,074 $ - $ (2,155,416) $ 2,971,658 N. ATLANTIC AVE. IMPROVEMENT FUND FY 2014 FY 2014 FY 2014 FY 2014 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE FDOT/Unobligated Reserves $ 736,038 $ - $ (736,038) $ - Interest-TIFT Funds - - 6,426 6,426 Net Increase(decrease)in FM1V - - - - Transfer from GF-TIFT&SPIA 981,928 - (137,348) 844,580 SRF Loan Proceeds 468,300 - (468,300) - TOTAL REVENUES $ 2,186,266 $ - $ (1,335,259) $ 851,007 EXPENDITURE Capital Purchases $ 2,186,266 $ - $ (1,892,588) $ 293,678 Contingency - - 557,329 557,329 TOTAL EXPENDITURES $ 2,186,266 $ - $ (1,335,259) $ 851,007 10/8/2014 Page 5 of 8 Exhibit "A" Year End Budget Adjustments For Fiscal Year Ending September 30,2014 FY 2013-2014 WASTEWATER ENTERPRISE FUND FY 2014 FY 2014 FY 2014 FY 2014 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward $ 1,552,071 $ - $ (1,249,253) $ 302,818 Utility Operating Income 3,373,020 - 35,894 3,408,914 Utility Penalty Income 51,600 - 6,426 58,026 Impact Fees 25,152 - 1,013 26,165 Reuse Hook-Up Fees 5,000 - (3,691) 1,309 Reclaimed Water Revenue 66,400 - 5,184 71,584 Investment Income 14,400 - (1,386) 13,014 Sale of Fixed Assets 15,000 - (15,000) - Transfer from General Fund - - 425,000 425,000 SRF Loan Proceeds - - - - Net Increase(decrease)in FMV - - 2,595 2,595 TOTAL REVENUES $ 5,102,643 $ - $ (793,219) $ 4,309,424 EXPENDITURE Personnel Services $ 1,275,529 $ - $ (126,785) $ 1,148,744 Operating Expenses 918,849 56,000 (108,231) 775,618 Debt Service 649,385 - (2) 649,383 Contribution to General Fund 337,300 - - 337,300 Transfer to Enterprise Capital Fund 1,677,360 15,789 (286,571) 1,390,789 Loss on Disposal of Fixed Asset - - 7,590 7,590 Contingency 244,220 (71,789) (279,220) - TOTAL EXPENDITURES $ 5,102,643 $ - $ (793,219) $ 4,309,424 10/8/2014 Page 6 of 8 Exhibit "A" Year End Budget Adjustments For Fiscal Year Ending September 30,2014 FY 2013-2014 STORMWATER ENTERPRISE FUND FY 2014 FY 2014 FY 2014 FY 2014 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward $ 6,915 $ - $ 9,775 $ 16,690 Stormwater Utility Fees 581,400 - (1,745) 579,655 Investment Income 15,072 - (7,942) 7,130 SRF Loan Proceeds - - - - Net Increase(decrease)in FMV - - 13 13 TOTAL REVENUES $ 603,387 $ - $ 101 $ 603,488 EXPENDITURE Personnel Services $ 202,625 $ - $ (16,387) $ 186,238 Operating Expenses 237,475 - (85,454) 152,021 Transfer to Enterprise Capital Fund 91,915 - 172,974 264,889 Loss on Disposal of Asset - 340 340 Contingency 71,372 - (71,372) - TOTAL EXPENDITURES $ 603,387 $ - $ 101 $ 603,488 10/8/2014 Page 7 of 8 Exhibit "A" Year End Budget Adjustments For Fiscal Year finding September 30,2014 FY 2013-2014 ENTERPRISE CAPITAL FUND FY 2014 FY 2014 FY 2014 FY 2014 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Transfer from Wastewater Fund $ 1,661,571 $ 15,789 $ (140,583) $ 1,536,777 Transfer from Stormwater Fund 91,915 22,974 116,136 231,025 SRF Loan Proceeds 4,101,200 - (4,101,200) - TOTAL REVENUES $ 5,854,686 $ 38,763 $ (4,125,646) $ 1,767,803 EXPENDITURE Capital-Wastewater $ 5,316,671 $ 15,789 $ (3,795,683) $ 1,536,777 Capital-Stormwater 538,015 22,974 (329,964) 231,025 TOTAL EXPENDITIRES $ 5,854,686 $ 38,763 $ (4,125,646) $ 1,767,803 10/8/2014 Page 8 of 8 General Ledger Attachment 2 Budget Adjustment Detail City of Cape Canaveral [city seal] Beginning Transfer Ending Account # Transaction Description Budget Amount Budget 001-000-351-351505 Parking Fine Surcharge C-Grd $ - 03/04/2014 Close Fund 103. Move Budget to General Fund $ 1,400 04/01/2014 Undo Budget Adjustment to close Fund 103. Fund will remain open. $ (1,400) $ - 001-000-361-361103 $ - 03/04/2014 Close Fund 103 School Crossing Guard. Move Budget to General Fund. $ 58 04/01/2014 Undo Budget Adjustment to close Fund 103. Fund will remain open. $ (58) $ - 001-000-380-380302 Transfer From Fund 302 $ - 11/03/2013 Cover Improvements to Softball Field at Canaveral Park $ 3,500 $ 3,500 001-005-522-341101 LOSAP Retirement Program $ 7,500 10/15/2013 Cover LOSAP premium October 2014 - September 2014. From 001-017-901-990000 $ 339 $ 7,839 001-005-522-641000 Fire Fighting Equipment $ 75,500 11/04/2013 To correct budget when installed to reflect correct amount. To 001-005-522-642000 $ (75,500) $ - 001-005-522-642000 Fire Fighting Equipment - R&R $ - 11/04/2013 To correct budget when installed to reflect correct amount. From 001-005-522-641000 $ 75,500 $ 75,500 001-006-524-330000 Professional Services $ 500 07/15/2014 Cover unforseen lot mowing & ensure adqeuate fuel & vehicle repair funds to year end. From 001-006-524-520000 $ 800 $ 1,300 001-006-524-524000 $ 8,644 07/15/2014 Cover unforseen lot mowing and ensure adequate fuel and vehicle repair funds to year end. To 001-006-524-330000 07/15/2014 Cover unforseen lot mowing and ensure adequate fuel and vehicle repair funds to year end. To 001-006-524-524000 General Ledger Budget Adjustment Detail City of Cape Canaveral Beginning Transfer Ending Account # Transaction Decription Budget Amount Budget 001-011-572-630000 Capital - Infrastructure $ 112,000 11/06/2013 Cover improvements to Softball Field at Canaveral Park. $ 3,500 08/22/2014 Complete Pedway at Manatee Sanctuary Park From 001-017-901-990000 $ 58,000 $ 173,500 001-013-514-310000 Legal Services $ 105,000 08/18/2014 Cover the cost of increased legal fees as a result of hourly rate increase. From 001-017-901-990000 $ 25,000 $ 130,,000 001-017-901-462000 Equip. Maint. - City Network $ 80,000 09/08/2014 Cover cost of additional laserfiche licenses and shortfall in account. From 001-017-901-990000 $ 5,000 $ 85,000 001-017-901-990000 Contingency $ 530,841 10/15/2013 Cover LOSAP premium October 2013 - September 2014. To 001-005-522-341101 $ (399) 03/04/2014 Close Fund 103 School Crossing Guard. Move Budget to General Fund. $ 1,458 04/01/2014 Undo Budget Adjustment to close Fund 103. Fund will remain open. $ (1,458) 05/27/2014 Perform maintenance on IM Vehicles as needed.007 To 001-007-541-462000 $ (6,000) 08/18/2014 Cover the cost of increased legal fees as a result of hourly rate increase. To 001-013-514-310000 $ (25,000) 08/22/2014 Complete Pedway at Manatee Sanctuary Park To 001-011-572-630000 $ (58,000) 09/08/2014 Cover cost of additional laserfiche licenses and shortfall in account. To 001-017-901-462000 $ (5,000) $ 436,502 103-000-351-351505 Parking Fine Surcharge $ 1,400 03/04/2014 Close Fund 103 School Crossing Guard. Move Budget to General Fund. $ (1,400) 04/01/2014 Undo Budget Adjustment to close Fund 103. Fund will remain open. $ 1,400 $ 1,400 103-000-361-361100 Interest Income $ 58 03/04/2014 Close Fund 103 School Crossing Guard and move Budget to General Fund. $ (58) 04/01/2014 Undo Budget Adjustment to close Fund 103. Fund will remain open. $ 58 $ 58 103-021-521-990000 Contingency $ 1,458 03/04/2014 Close Fund 103 School Crossing Guard Move Budget to General Fund. $ (1,458) 04/01/2014 Undo Budget Adjustment to close fund 103. Fund will remain open. $ 1,458 $ 1,458 106-016-559-310000 Legal Fees $ 1,000 08/18/2014 Cover the cost of legal support through end of FY. From 106-016-559-630000 $ 800 $ 1,800 106-016-559-630000 Grant Programs $ 101,300 08/18/2014 Cover the cost of legal support through end of FY. To 106-016-559-310000 $ (800) $ 100,500 401-010-535-431100 Sludge Disposal Fees $ 50,450 11/18/2013 Cover the cost of Sludge removal not budgeted. From 401-010-535-990000 $ 21,000 08/18/2014 Cover cost of Sludge Disposal changed in Waste Pro agreement. From 401-010-535-990000 $ 7,000 $ 78,450 401-010-535-462200 Collection System Maintenance $ 33,300 09/12/2014 Emergency Replacement of Sewer line between two manholes West Central Blvd. From 401-010-535-990000 $ 28,000 $ 61,300 General Ledger City of Budget Adjustment Detail i AF--t,rvia owl,tow, , Cape Canaveral Account. p Transaction Description 13042g5 Amount BlIdtlet 401-010_535_910405 Frans ter to ntcrnr itCa PUP S EMS1,571 1E12:2013 (act entry on previous Budget Adiustitient. From 40E010-5Si-9104os S 15,7M) S 1,677,3t-10 401-0111-535-omM00 Contmoenes S 316,000 II I) Cofer cost ot new lilt station pump, S (15.7RO) 11.111Y2013 Cover the cost al Sludge removal not budgeted. lo 401-010-535-431000 S (21.000) (1)' 11112014 Cover emit of Sludge Disposal changed in WattRt PR,agreement. To 401-010-535-431000 S (7,0001 0912;2014 Emergency Replacement of Sewer line betweell Rot 11111111101CS West Central Blvd. 1 o 401-010-535-4022()0 S 1215,000) 3 244.220 405-000-3S EliS1401 Transfer from Wastewater Fund S 1,E61,571 11-'07_2013 Cosier cost 01 ucay lilt Station pump_ S 15.789 $ 1,05)160 405-t100,3SI.3:31403 transfer from Stormwater Fund S O11/15 ME-18,-2014 Add Muted to emer cost tO Manatee Parking I at Paying-SW portion, S 22.1)74 S 114,500 405-010-535-623002 Sludpe Belt Press Refurbishment S 937,062 071I0 2014 C`over the cost.of tint,Pienuoni Mixer, To 405-010-535-02006 S (25.000) $ 002,062 405-010.535,631004 1 ill Station Rehabilitation s 23.3,832 Omit:1'2014 Cater Fask Order g5-ES41&it7 Upgrades--1.etra(cc .Inc_ From 405_010-535.1,43012 S 130,000 S. 363.432 405.010_515,4,3201-m hemp-mot Mts-er Rep)Cs S 21,000 07--10-20j4 Cover the cost of new Picrinont Miser. From 405-011)-535--P230-02 S 35.000 5 5(000 403)010)535.02008 lilt.Station Pump Replacements S 25.000 1 I:07-'2013 Cover owl oiliest,.lilt station pump S 15.71M OP022014 Sampler needed to he replaced per DEP I' it Requirement lo 405-010-539-641003 S (o.000) S 34.7130 405)0 03535)6410(13 W)1.0ewater Sampler Replacement S 7,000 09.01'2014 Sampler needed to be replaced per DII'Permit Requirement From 405-010-535-63200S S It Out) S 13E100 405-010-535,641012 Reclaimed Water-1 ank S 1,360E21 06-'19.-2014 Cover Task Order -lSi16&ti7 rpprades- leira Tech,Inc. En 405-010-535-01004 s (130,0001 S 1,230.121 405E0S-5,3S-631002 Revise Stonnwater Master Plan S ms,000 04-2I--2014 Additional[Lunt!,Needed far Slant is Masterplan Res ision. 1Mom 405-018-538-633003 i1i 1_200 $ 00,200 405_018-538-0310O4 Maumee Sanctuars Parking Lot S 091,Nt-2014 Cover cosi of Manatee Parking Lot Paving-SW Portion $ 22,974 S 22.974 ms_018.-1-1.R-633003. W.Central Blvd.Pipc Replacernnt S 211.4410 04-'21-'2014 Additional Funds Needed for Stonnwater Masterplail Revision, Fp 405-01S.S38-631002 S (1,200) (10-19--2014 Cover Canaveral City Park Exfiltration System I ask Order 43-GepSyntec. To 405_01s.-518,613005 S 00000) S 120,200 405-0IS,Sism_m_t,1005 Canaseral PM Exiihration Si' S s5000 ttt 2014 Unser cat-las-end City Park Es filtration Systelit 1 ask tinier)l3-fle0Syntec. From 405_01s-MS-6,1100,1 S 1m000 S 1115,01:110 5e% I'll City of Cape Canaveral h�Tool. i City Council Agenda Form 414 City Council Meeting Date: 10/21/2014 CAPE C.N., Item No. Subject: Consider Application for Satisfaction or Release of $77,850.00 Code Enforcement Lien, Case No. 11-00040, 8652 N. Atlantic Avenue. Department: Community and Economic Development Summary: On September 22, 2011 the Code Enforcement Board entered an Order Imposing Penalty against the above-referenced property of two hundred fifty dollars ($250.00) for the first day and one hundred dollars ($100.00) per day thereafter until the violation is corrected and full compliance is confirmed (Attachment #1). The Violation was for the exterior condition of the property. On November 7, 2013 the property was brought into compliance (Attachment #2). The lien stopped accruing and the total fine was calculated at $77,850.00 (Attachment#3). On August 1, 2014 the property owner applied for a reduction of the Code Enforcement Lien (Attachment #4) due to the fact that she was not aware of the violation at the time and upon discovering the property had a lien running against it, immediately brought the property into compliance. The property owner explained that when she filed for bankruptcy in 2009, she was informed by her Attorney that the property was no longer her responsibility. The City provided proper notification by certified mail to the address reflected on the Brevard County Property Appraiser's website and by posting the property and City Hall. as required by F.S. 162.12. On August 21, 2014 Staff recommended that the Code Enforcement Board reduce the lien to $10,000.00, as this amount would adequately cover the City's costs as well as compensate for the minor blighting effect on the community and the length of the time that the violation existed. The Code Enforcement Board recommended that the City 1 Council reduce the outstanding lien to ten thousand dollars ($10,000.00). The City's actual costs for the enforcement of the Violation (Attachment #5) and the Board Minutes (Attachment #6) are included herewith. Current market value according to the Brevard County Property Appraiser is $107,950.00. On September 11, 2014, Staff was provided a copy of the Short Sale Acceptance letter and Settlement Statement (HUD-1), showing the recommended amount of $10,000.00 dollars included in the settlement from the bank to be issued to the City of Cape Canaveral upon approval by the City Council for that amount. (Attachment #7) The settlement amount is good until October 22, 2014. Submitting ©e•artment Director: Todd Morley --Civq601- Date: 10/9/2014 Attachments: #1 - September 22, 2011 Board Order #2 - Notice of Compliance City Council Meeting Date: 10/21/2014 Item No. Page 2 of 2 #3 - Current lien amount calculation #4 - Application for Satisfaction or Release of Code Enforcement Lien #5 - Calculation of Staff costs #6 - Minutes from the August 21st meeting #7 — Short Sale Acceptance - Settlement Statement (HUD-1) Financial Impact: Up to $67,850.00 in forgone lien collections; Staff time for preparation of Agenda Item. Reviewed by Financial Services Director: John DeLeo Date / Lt The City Manager recommends that City Council take thOollowing action: Approve the reduction of the outstanding lien to ten thousand dollars ($10,000.00). Approved by City Manager: David L. Greene 0 Date: City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Attachment#1 .11"11114,1011illsomp/,,%„, II- 1111,4111111110"yri/', . „111„„It11111111# cs7NcE„,..44,4111', 1111,11,11' ?, /// ,,,,,,,,, +"yfi/%1 1 4,11111!di, a IF C C , Laty o .., ,. re ,. i aver.; 69/ NN: i do Y 441 111.111:11:111111.1110igti`'HIIIII 111111111 1,6.1 41X4, iJ 11 CODE ENFORCEMENT BOARD 111111,11011,111101,„NI,,, ,, CITY OF CAPE CANAVERAL, FLORIDA 0 11111,1,111111.1,11114v , 11111,101.10 01)00' loliii,))/, THE CITY OF CAPE CANAVERAL, Case #11-00040 A Florida municipal corporation, Complainant, CFN 2011177940 OR BK 6463 PAGE 259, Recorded 10/04/2011 at 11 19 AM:Mach Needelrhan Clerk V. of Courts,Erevard County Pgs:2 Linda Ward Owner of the Property located at 8652 N. Atlantic Ave. Cape Canaveral, FL 32920 LEGAL OCEAN WOOD STAGE 5 LOT 5 PLAT BOOK 0034 PAGE 0086 Respondents, I ORDER IMPOSING PENALTY ON FIRST VIOLATION THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on September 22, 2011 to determine whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on the property. The Board, having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, makes the following Findings of Fact and Conclusions of Law incorporated into this Order as set forth herein. Findings of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. That Respondents were provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Section 34-96(d), Standards Established; Section 34-122(a), Public Nuisance Prohibited; and Section 82-371, Posting and Specification of Numbers, of the City Code exist or existed upon the Properly and Respondents were further provided a reasonable time to correct said violation; 3. That Respondents either failed or refused to correct such violation within the reasonable time period provided in the Notice of Violation; that the Respondents were provided notice of hearing before the Code Enforcement Board and were not present at the hearing; 7510N.Atlantic Avenue . Post Office Box 326 . Cape Canaveral,FL 32920-0326 Telephone: (321) 868-1222 . Fax: (321) 868-1247 www.rnyflorida.cornicape . email-ampecanaveral@cfLrroorn Case#11-00040 4. That based on the testimony and evidence presented, Respondents have violated the City Code, to wit: Section 34-96(d), Standards Established; Section 34-122(a), Public Nuisance Prohibited; and Section 82-371, Posting and Specification of Numbers, of the City Code; 5. That said violations exist or existed within the City of Cape Canaveral and that such constitute violation of the City of Cape Canaveral Code of Ordinances. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. A fine shall be entered immediately in the amount of two hundred and fifty dollars ($250.00) for September 22, 2011 and one hundred dollars ($100.00) per day thereafter, including all cost authorized by law related to the violation, until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondents shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation,the Code Enforcement Officer shall promptly file a Notice of Compliance; 2. The Clerk of the Code Enforcement Board is hereby directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent 3. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s)and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is/are found to exist. 4. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2,Article VI. DONE AND ORDERED at Cape Canaveral, Florida, this 22nd day of September, 2011. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA 7/1 /e4-4-4-i-eet Mary Rus II, Chairperson Copies furnished to: Linda Ward City of Cape Canaveral, Case File Attachment #2 mool 11111 11 1,11111111111111111 cigbiC,C714,41,4, 111111y,1111,110,4 11;11 11 111, Cit-y- of Cape 01,4 r Community Development Department 1111 1 1min. 111.01, IY4', ItT cos c.moc,u, 11 CODE ENFORCEMENT NOTICE OF COMPLIANCE November 8,2013 Linda J. Ward 5300 Washington Lane 4500104 Titusville,FL 32780 CASE NO: 2011-00040 LOCATION OF VIOLATION: 8652 N Atlantic Avenue, Cape Canaveral, FL 32920 RESPONDENT(S): Linda J. Ward Your property was found in compliance on November 7, 2013, by meeting the requirements of the Notice of Violation. DESCRIPTION OF VIOLATION: Section 34-96, Standards Established; Section 34-122,(a)Public Nuisance Prohibited; Section 82-371,Posting and Specification of Numbers. Thank you for your cooperation in this matter. If you have any questions,please do not hesitate to contact me at(321) 868-1222. cerely, Duree Alexan er Code Enforcement Officer 7530 N. Atlaniic AvLnuc Post Office Box 326 Cape Canaveral, FL 32920-0326 Building& Code Enlorceinent: (321) 868-1222 Planning,& Dovelopmcna (321) 868-1206 Fax& Inspection: (321) 868-1247 vkww.cityolcopeconaveral.org cznaiL ccapecanaveral@cThrr.com Attachment#3 8652 N Atlantic Avenue DATE NO.DAYS NO. DAYS AMT. 9/22/2011 1 DAY $250.00 $250.00 9/11 8 DAYS $100.00 $800.00 10/11 31 DAYS $100.00 $3,100.00 11/11 30 DAYS $100.00 $3,000.00 12/11 31 DAYS $100.00 $3,100.00 1/12 31 DAYS $100.00 $3,100.00 2/12 29 DAYS $100.00 $2,900.00 3/12 31 DAYS $100.00 $3,100.00 4/12 30 DAYS $100.00 $3,000.00 5/12 31 DAYS $100.00 $3,100.00 6/12 30 DAYS $100.00 $3,000.00 7/12 31 DAYS $100.00 $3,100.00 8/12 31 DAYS $100.00 $3,100.00 9/12 30 DAYS $100.00 $3,000.00 10/12 31 DAYS $100.00 $3,100.00 11/12 30 DAYS $100.00 $3,000.00 12/12 31 DAYS $100.00 $3,100.00 1/13 31 DAYS $100.00 $3,100.00 2/13 28 DAYS $100.00 $2,800.00 3/13 31 DAYS $100.00 $3,100.00 • 4/13 30 DAYS $100.00 $3,000.00 5/13 31 DAYS $100.00 $3,100.00 6/13 30 DAYS $100.00 $3,000.00 7/13 31 DAYS $100.00 $3,100.00 8/13 31 DAYS $100.00 $3,100.00 9/13 30 DAYS $100.00 $3,000.00 10/13 31 DAYS $100.00 $3,100.00 11/6 6 DAYS $100.00 $600.00 TOTAL DUE $77,850.00 Attachment#4 r „</e„.,!, j-4, .11,111111110,„, averal 441fh/ 4:‘,.111117,1) ity al e ,11.11111,11111,111- '1;, Community & Economic Development Department 1 (1�,�c• /l�, � � CITY OF CAPE CANAVERAL APPLICATION FOR SATISFACTION OR RELEASE OF CODE ENFORCEMENT LIEN CODE ENFORCEMENT CASE# 11 - 0 V '`i APPLICATION FEE:$100.00 APLICANT: I� Li A,4„frt, DATE:� 7" 7• I Li ADDRESS:4' Z) �"` `, ,wI ib CITY: 1fL ...v:;LE/4 STATE: Ai zip ...i.1?fib EMAIL: V i.1,19, ,p w PHONE: 3 NATURE OF VIOLATION(S): ADDRESS OF SUBJECT PROPERTY: 1 Oil 1 t PARCEL ID: C .A\�J , L C/ DATE FINE/LIEN FILED: AMOUNT(Total): COMPLIANCE DATE: RELIEF REQUESTED:0 SATISFACTION/ QREDUCTION IF REDUCTION,THE APPLICANT PROPOSES$ AS THE AMOUNT OF THE REDUCED FINE. THE FACTUAL BASIS UPON WHICH THE VIOLATOR BELIEVES THIS APPLICATION SHOULD BE GRANTED: (If more space is needed add more pages THE REASON, IF ANY, WHY THE APPLICANT DID NOT BRING THE SUBJECT PROPERTY INTO COMPLIANCE PRIOR TO THE ORDER OF PENAITY OR FINE BEING IMPO ED AND RECORDED: (If more space is needed add more pages) ANY ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTINENT TO THE REQUEST, INCLUDING BUT NOT LIMITED TO, THE CIRCUMSTANCES THAT EXIST WHICH WOULD WARRANT THE REDUCTION OR SATISFACTION OF p (If more space is needed add more pages) 0 FINE: Mailing Address: P.O. Box 326 Physical Address; 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone(321) 868-1222 —Fax (321) 868-1247 w ,.cityofcapecarnaveral_ oar. e-mail: info@cityolcapecanaveral.org vytht• cocvii 8- 1- APPLICANT'S SIGNATURE DAT STATE OF F —. COUNTY OF ,wee ct-r'/T e.cL BEFORE ME the undersigned authority did personally appear '%4444 C.C),/. who provided `ay7d.4-(131 di rt.l'es.i.T as identification, and who after being placed under oath,swore or affirmed the information contained within this application is true and correct. wmuc Notary Public • FOR STAFF USE ONLY • APPLICATION RECEIVED BY CITY ON $I I 34 - COMPLIANCE CONFIRMED ON «(1/(3 CODE ENFORCEMENT BOARD CONSIDERED REQUEST ON B I - I I Y CODE ENFORCEMENT RECOMMENDATION ATTACHED: DYES ONO ACTION OF CITY COUNCIL: ❑APPROVE; ❑DENY; OAPPROVE WITH THE FOLLOWING CONDITIONS: DATE OF COUNCIL ACTION: CONDITIONS AND PAYMENT OF REDUCED FINE TO BE MET WITHIN 30 DAYS OF COUNCIL ACTION, TO WIT:ON OR BEFORE Mailing Address: P.O.Box 326 Physical Address: 110 Polk Avenue Cape Canaveral,FL 32920-0326 Telephone(321)868-1222—Fax(321)868-1247 www.cityofcapecanaveral.org e-mail: info(c�cityofcapecanaveral.org ifor 41101qvpoll ti DIP * +' I i-ty of • * e . averal Community & Economic Development APPLICANT PROCEDURES FOR APPLYING FOR A REQUEST till...CANT OR SATISFACTION OF A CODE ENFORCEMENT LIEN — Where a certified copy of an Order imposing a penalty or fine, as described in F.S, Ch. 162, has been recorded in the public records of Brevard County, Florida, and has become a lien against the land and/or property,a request for the satisfaction or release of the lien may be submitted in writing on the application form provided by the City of Cape Canaveral,once the property has been found in compliance. The following procedures apply to any person applying for a satisfaction or release of the Code Enforcement Board lien. 1. The application must be submitted at least ten (10) days prior to the next available Code Enforcement Board Meeting,on the application provided by the City. 2. A one-time application fee of$100.00 must be paid at the time the application is submitted to Staff.This fee is non-refundable,without regard for the final determination of the request. 3. If the person applying for the satisfaction or release of the Code Enforcement Board Lien is not the current property owner, a notarized statement allowing the individual(s) to represent the property must be submitted with the application. 4. Once the completed application has been reviewed and approved; the request will be scheduled for the first available Code Enforcement Board Hearing and a Code Enforcement Officer will notify you of the location, date, and time of the scheduled Hearing. Staff strongly recommends that you or a representative is present at the hearing. Please initial here; 5. The request will be presented to the Code Enforcement Board and the Board will provide the applicant with an opportunity to address the Board regarding the Request. The Board shall, by motion, make a recommendation to the City Council for approval, approval with conditions, or denial of the application. 6. The Code Enforcement Board Secretary will prepare the recommendation to be submitted for the next available City Council meeting date,which is usually the following month. 7. The Code Enforcement Board Secretary will contact the applicant with the location, date and time of the next available City Council Meeting. This information is also available on the City of Cape Canaveral's on line calendar at www.cityofcapecanaverai.org. It is strongly recommended that you be present at this hearing to represent your request for the satisfaction or release of the lien. 8. The City Council may approve, approve with conditions, or deny the application to satisfy or release the lien. 9. The violator shall have thirty (30) days in which to comply with the conditions imposed by the City Council. Failure of the violator to comply will result in the automatic denial of the application for satisfaction or release of the lien. 10. If the application is denied for any reason; the violator/application shall not be allowed to apply for a subsequent satisfaction or release of the lien for a period of one(1)year. During that period the lien may only be satisfied and released upon full payment of the fine or penalty imposed. Signature of Applicant: Date: -tQ 7- fcL Mailing Address; P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone(321) 868-1222 Fax (321) 868-1247 www.eityofeapecanaveraI,org e-mail: info@cityofcapecanavcral.org Po _ _ 014 d 845.1 aavvt.s.au-. 53cO MutinAla 066, ca�J � - i - _ 0• 0 - _ .2? , epog, 62/y)a,,m4c so/ - _ - (3 2 ) $1?- 6-8`75' tw-- . - 241rt � --',rig; -R.k* aimpiew,...;1 „,) +(L. ca 5 a icuvt, nut 4;14 egAvviwvit 40;:vbe--. e w,-2 aS", . _n_u puf*^e -IL_ ,wwla _?'1 ov a 13, 6hotemilti t5, J at, .0 J. ,WavO ..VAteLObv/V4-44"1 aim ikit.a/S aegibto-6,1 _fh4 _imAildhtv) triisi tAttOt. 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I Attachment #5 STAFF DETAILED COSTS REPORT 8652 N ATLANTIC AVENUE, CAPE CANAVERAL CASE NO 2011-00040 DATE ENFORCEMENT DESCRIPTION AMT. COST TIME 6/02/11 Received complaint from resident regarding exterior condition of property.Researched ownership Brevard 1 hr $30.00 County; Property Appraiser; Clerk of Court. 6/03/11 Site Inspection appears to be empty;made contact with neighbor;property vacant.Exterior maintenance 2hr 60.00 violations; documented and photographed. 6/03/11 Received emails from complainant; responded. lhr 30.00 7/18/11 Prepared Notice of Violation; Conducted site inspection; confirmed ownership;contacted City of Cocoa regarding 2hr+ 65.54 water meter;mailed notice certified. (5.54) 5.54 7/27/11 Received email-responded. .5hr 15.00 8/26/11 Certified mail returned unclaimed. Prepared documents for posting property and City Hall; posted property; 2hr. 60.00 documented and photographed. 9/08/11 Prepared Order to Appear for September 22,2011 hearing. 1.5hr+ Researched ownership.Mailed certified(5.54) 5.54 50.54 9/12/11 Certified mail returned unclaimed. Prepared documents for posting property and City Hall; posted property; 2hr 60.00 documented and photographed. 9/22/11 Code Enforcement Board Hearing-Time for Officer Alexander @ 30.00-Board Secretary @25.00-Attorney 1 hr(all) 205.00 @150.00. 9/22/11 Secretary prepared Board Order for Chairpersons 1 hr+ signature. Staff reviewed order prepared for mailing 18.50+ 54.04 certified. (5.54)Filed lien with Brevard County Clerk of 5.54 Court(18.50) 9/26/11 Prepared Order to Appear for September 22,2011 hearing. 1.5hr+ 50.65 Researched ownership.Mailed certified(5.65) 5.65 10/17/11 Certified mail returned unclaimed.Prepared documents for posting property and City Hall; posted property; 2hr 60.00 documented and photographed. 11/01/11 Site visit no change. Monitor property. .5hr 15.00 11/09/11 Received email correspondence from neighbor.Conducted lhr 30.00 property research. 1/04/12 Site visit vehicle in driveway; knocked no answer.No lhr 30.00 change. Photographed. 3/19/12 Site Visit.Monitor property; document. lhr 30.00 6/14/12 Site Visit. Monitor property; document. lhr 30.00 8/14/12 Site Visit. Monitor property; document. 11w 30.00 10/25/12 Site Visit. Monitor property; document. 1 hr 30.00 12/14/12 Site Visit. Monitor property; document. lhr 30.00 2/21/13 Site Visit. Monitor property; document. lhr 30.00 5/10/13 Site Visit. Monitor property; document. lhr 30.00 9/26/13 Received email from neighbor.Provided case update; 1.5hr 45.00 conducted site visit.Documented and photographed. 11/06/13 Linda Ward contacted Staff regarding lien and how to lhr 30.00 obtain compliance. 1 STAFF DETAILED COSTS REPORT 8652 N ATLANTIC AVENUE, CAPE CANAVERAL CASE NO 2011-00040 11/07/13 Site visit and property was found in compliance. lhr 30.00 11/08/13 Researched property ownership.Property was found in compliance; contacted property owner;prepared 1.5hr 45.00 compliance letter mailed regular mail. 12/10/13 Received request for lien payoff and copy of Board Order. lhr 30.00 Emailed documents to Joe Kovac. 7/23/14 Contacted by Linda Ward regarding lien and possible short lhr 30.00 sale of property.Explained lien reduction/satisfaction process.Mailed information upon Ms. Ward's request. 7/27/14 Contacted by Linda Ward regarding application. Answered .5hr 15.00 questions. 8/01/14 Application submitted to Secretary. Staff reviewed and 1 hr 25.00 processed payment. 8/06/14 Staff contacted Linda Ward via email with date,time and .5hr 15.00 location of Code Board Meeting for lien request. 8/26/14 Code Enforcement Board Hearing request for lien reduction/satisfaction; Officer Alexander @30.00-Board 1 hr(all) 265.00 Secretary @ 25.00-Attorney @ 160.00-Building Official @ 50.00. 8/27/14 Secretary—prepared Agenda Item. 1 hr 25.00 8/27/14 Code Officer—prepared documents for council agenda 1.5hr 45.00 item. TOTAL COSTS $1625.77 2 Attachment#6 Code Enforcement Board Meeting Minutes August 21,2014 Page 4 OLD BUSINESS: 6. Case No. 12-00012 —Application for Satisfaction or Release of Code Enforcement Lien, (201-203-205 Jefferson Ave.)—Mustapha Khan, Property Owner. Code Enforcement Officer Duree Alexander provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation was for the condition of the roof. Officer Alexander stated that on February 20, 2014 the Code Enforcement Board entered an Order Imposing Penalty against the above-referenced property in the amount of one hundred fifty dollars ($150.00) for the first day and seventy-five dollars ($75.00) per day until the violation is corrected and full compliance is confirmed. During the period of non-compliance the property was owned by Dolores G. Nagel. Officer Alexander stated that on April 25, 2014 the property was purchased by Mr. Mustapha Khan. She further stated that Mr. Khan brought the property into compliance on May 9, 2014 at which time the lien stopped accruing and the total fine is five thousand nine hundred and twenty-five dollars($5,925.00). Officer Alexander respectfully requested that the Board recommend to the City Council the reduction of the lien in the amount of five thousand nine hundred and twenty-five dollars ($5,925.00) to four thousand seven hundred and forty dollars ($4,740.00). She explained that the reduced amount would adequately compensate the costs of the enforcement of the violation and the blighting effect on the community. Mustapha Khan, the new property owner, testified that he has recently purchased the property in a public sale and was not aware of the outstanding lien until the closing. He stated that he obtained a permit to replace the roof and immediately brought the property into compliance. Mr. Khan further stated that the property would be for his personal use and requested a reduction of the lien. The Board asked for a calculation of actual Staff costs for the enforcement of the violations. Officer Alexander stated that she has not calculated the "actual cost". Assistant City Attorney Kimberly Kopp advised the Board that they could make a recommendation to Council that the lien be reduced to Staffs actual cost of the enforcement of the violation and Staff could calculate the number prior to the City Council meeting. Motion by Chairperson Russell, seconded by Mr. Hale, to recommend that Council reduce the lien in the amount of five thousand nine hundred and twenty-five dollars ($5,925.00) to Staffs actual cost of the enforcement of the violations. Vote on the motion carried unanimously. 7. Case No. 11-00040—Application for Satisfaction or Release of Code Enforcement Lien, (8652 N.Atlantic Ave.)—Linda Ward, Property Owner. Code Enforcement Officer Duree Alexander provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation was for the exterior condition of the property. Code Enforcement Board Meeting Minutes August 21, 2014 Page 5 Officer Alexander stated that on September 22, 2011 the Code Enforcement Board entered an Order Imposing Penalty against the above-referenced property in the amount of two hundred fifty dollars ($250.00) for the first day and one hundred dollars ($100.00) per day until the violation is corrected and full compliance is confirmed. During the period of non-compliance the property was owned by Linda Ward. Officer Alexander stated that on November 7, 2013 the property was brought into compliance. The lien stopped accruing and the total fine is seventy-seven thousand eight hundred and fifty dollars ($77,850.00). Officer Alexander respectfully requested that the Board recommend to the City Council the reduction of the lien in the amount of seventy-seven thousand eight hundred and fifty dollars ($77,850.00) to ten thousand dollars ($10,000.00). She explained that the reduced amount would adequately compensate the costs of the enforcement of the violation and the blighting effect on the community. Linda Ward, property owner, testified that she was not aware that she was still the property owner. She explained that the property was in foreclosure and she filed for bankruptcy in 2009 and was told by her attorney that the property was no longer her responsibility. Ms. Ward stated that when she was notified that she was still the property owner and of the violations, she corrected the issues and brought the property into compliance on November 7, 2013. John Cluen stated that he is currently in negotiations with the mortgage holder and have settled on a price; however, one of the conditions of the closing is the reduction of the lien. Mr. Cluen further stated that his real estate agent notified him that this was the first step. Motion by Mr. Lotspeich, seconded by Mr. Hale, to recommend that Council reduce the lien in the amount of seventy-seven thousand eight hundred and fifty dollars ($77,850.00) to ten thousand dollars ($10,000.00). Vote on the motion carried unanimously. ADJOURNMENT: There being no further business the meeting adjourned at 6:58 P.M. Approved on this 'rbday of l..6"-/-- J.�-u , 2014. Mary RuOsell, Chairperson o��� er-n ! o-�O Joy Lombardi, and Secretary A1kmhnicmi#7 CALIBER 8 U ��' ��^ K�� 1oocnvw��x m*� � --- --' --- ' - PO Bom24610 HOME LOANS Oklahoma City,on73mo* Tel: 866-650-09e8 Fax: 405'553`*705 SHORT SALE ACCEPTANCE Q/Q/ O14 Donald DVVand Linda Ward 5300VVatenn0 Ln 104 Titusville FL327Q0 Re: Short Sale ofProperty Donald DVVand; Linda Ward Loan Number: 9803497917 PnopertyAddrens @O52N Atlantic Ave Cpe Canaveral FL32A28 This letter serves to confirm that Caliber Home Loans , ("CaIiber")has approved a short sale for the mortgaged property located at the above address, subject to the following conditions: 1. The closing and funding is to be no later than 10/22/2014. 2. The contract sales price and closing costs have been negotiated and are authorized as follows: a. The contract sales price shall not be less than $135,000,�0, The property is to be sold im 'AS IS"condition, b. The total real estate agent's commissions to be withheld from the net proceeds check shall not be greater than $6.758.QO. c. The seller's settlement charges to be withheld from the net proceeds check shall not bm greater than *19.113.81. The sellers settIement charges inc<udo$O.VQ for HOA' $2,7O8.O0 for buyer credit, $Q.0O for seller credit, and $12.25U.00 for settlement cost. |f applicable, the maximum allowed to the junior lien holder to release their lien is $. d. If Caliber services the junior ken, the loan number is N/A and is included in this acceptance, a. A seller contribution in the amount of$A.U0 is needed to close this short sale, [ If this loan has PMI, final closing cannot take place until a PMI disposition is received by the closing aQonL/aMomey.A separate document will beernaikad0o the closing agent/attorney prior to close of escrow; and could alter the terms of this acceptance |ettor. This loan has P&\|: No. 3,The net proceeds check imCaliber at closing shall not bm less than $109.136.39, Any additional fees/costs associated with the sale must be negotiated among and paid for by the seller, buyer, and/or real estate agent(s). HUD-1 � A. Settlement Statement (HUD-1) OMB Approval No.2502-0265 w,ilf�lll„,� pp B, Type of Loan Q 1.FHA 0 2.RHS 0 3.Conv.Unlns, 6.File Number 7.Loan Number 8. Mortg.Ins.Case Num. Q 4.V.A. •5.ConyIns. 14.101 ID: C. NOTE:This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown.Items marked"(p.o.c.)'were paid outside the closing:they are shown here for informational purposes and are not included in the totals. D.NAME OF BORROWER: John Ktuwin Address of Borrower: 6315 N.Atlantic Ave.,Cape Canaveral,Florida 32020 E.NAME OF SELLER: Lfnda J Ward Address of Seller: 5300 Watermill Lane#500104.Titusville,Florida 32780 F.NAME OF LENDER: Homebridge Financial Services Address of Lender: G.PROPERTY LOCATION: 8652 N.Atlantic Ave.,Cape Canaveral,Florida 32920 H.SETTLEMENT AGENT: Clawson Law PA Poc Address: 318 Tangerine Avenue,Merritt Island,Florida 32953 fA"� 'SEt8 Phone:321.906949 Place of Settlement: 318 Tangerine Avenue,Merritt Island,Florida 32953 1. SETTLEMENT DATE: 10/22/14 DISBURSEMENT DATE:10/22/14 J.Summary of borrower's transaction K.Summary of seller's transaction 100.Gross amount due from borrower: 400.Gross amount duo to seller: 101.Contract sales price 135,000.00 401.Contract sales price 135,000.00 102.Personal property 402.Personal property 103.Settlement charges to borrower(Une 1400) 1.337.00 4D3. 104. 404. 105. 405. Adjustments for Items paid by seller In advance: Adjustments for items paid by seller in advance: 108.City/town taxes 406.City/town taxes 107.County taxes from 10/22/14 to 12/31/14 324.33 407.County taxes from 1 D/22/14 to 12/31/14 324.33 108.Assessments from 10/22/14 to 12/31/14 408.Assessments from 10/22/14 to 12/31/14 109. 409 110. 410. 111. 411. 112. 412. 120.Gross amount due from borrower: 136.661.33 420.Gross amount due to seller: 135,324.33 200.Amounts paid or In behalf of borrower. 500.Reductions in amount due to seller: 201.Deposit or earnest money 501.Excess deposit(see Instructions) 202.Principal amount of new loans) 114,000.00 502.Settlement diarges to setter(line 1400) 21,738.80 203.Existing loan(s)taken subject to 503.Existing loan(s)taken subject to 204.Principal amount of second mortgage 504.Payoff of first mortgage loan 110,885.53 205. 505.Payoff of second mortgage loan 206. 506. 207. 507. 208.Principal amt of mortgage held by seller 508.Principal amt of mortgage held by seller 209. 509. 209a. 509a. 209b.buyers closing cost credit 2700.00 509b.buyers closing cost credit 2700.00 Adluatmenta for(tams unpaid by seller, --"" Adltrstments for Items unpaid by seller: - v 210.City/town taxes 510.City/town taxes 211.County taxes from 01/01/14 to 10/22/14 511.County taxes from 01/01/14 to 10/22/14 212.Assessments 512.Assessments 213. 513. 214. 514. 215. 515. 216. 516. 217. 517. 218. 518. 219. 519. 220.Total paid by/for borrower: 116,700.00 520.Total reductions In amount due seller: 135,324.33 300.Cash at settlement tromito borrower: - 600.Cash at settlement to/from seller. 301.Gross amount due from borrower (line 120) 136,661.33 601.Gross amount due to seller (tine 420) 135,324.33 302.Less amount paid by/for the borrower (line 220) (116,700.00) 602.Loss total reductions In amount due seller (line 520) (135,324.33) 303.Cash( ❑d From ❑To )Borrower. 19,981.33 603.Cash(❑To ❑ From )Seller 0.00 The Public Reporting Burden for this collection of information Is estimated at 35 minutes per response for collecting,reviewing,and reporting the data.This agency may not collect this Information,and you are not required to complete this form,unless it displays a currently valid OMB control number.No confidentiality Is assured;this disclosure is mandatory.This is designed to provide the parties to a RESPA covered transaction with information during the settlement process. n....tirer......m HUD-1 U.S.Department of Housing and Urban Development Page 2 L.Settlement charges 700.Total Real Estate Broker Foes ;6,750.00 PaId from Paid from Division of commission(tine 700)as follows: Borrowers Sellars Funds at Funds at 701.$3,375.00 to Reliance Trust Realty&Investments Settlement Settlement 702.$3,375.00 to Kiser Really 703.Commission paid at settlement 6.750.00 704. 705. to 800.Items Payable in Connection with Loan 801.Our origination charge (from GFE#1) 802.Your credit or charge(points)for the specific Interest rate chosen (from GFE#2) 003.Your adjusted origination charges to (from GFE A) 604.Appraisal fee to (from GFE#3) 805.Credit report to (from GFE#3) 806.Tax service to (from GFE#3) 807. Flood certification to (from GFE#3) 808. to 809. to 810. to 811, to 812. to 813. to 900.Items Required by Lender to Be Paid ir1Advance 901.Daily interest charges from to /day (from GFE#10) 902.Mortgage Insurance pranium for months to (from GFE#3) 903.Homeowner's insurance premium years to (from GFE#11) 904.Flood insurance premium for years to 965. years to 1000 Reserves Deposited with Lender • 1001.Initial deposit for your escrow account (from GFE#9) 1002.Homeowner's insurance months() per month 1003.Mortgage insurance months l8t par month 1004.Property taxes months(02 Dar month 1005.Flood insurance months 5) per month 1006. months a per month 1007. months{a) per month 1008. months{a1 per month 1009.Aggregate accounting adjustment 1100.Title Charges 1101,Title services and lender's title Insurance (from GFE#4) 25.00 1102.Settlement or closing fee to Dawson Law PA 495.00 1,500.00 1103.Owners title Insurance to Dawson Law PA (from GFE#5) 750.00 OF6.750.00 1104.Lender's title insurance 10 Dawson Law PA $25.00 MFB-25.00 1105.Lender's title policy limit$114,000.00 1108.Owner's title policy limit$135,000.00 1107.Agent's portion of the total title insurance premium$542.50 to Dawson Law PA 1108.Underwriter's portion of the total title insurance premium$232.50 to Dawson Law PA 1109.Abstract or title search to Dawson Law PA 1110. to 1111. to 1172. to 1113. to 1200.Government Recording and Transfer Charoes 1201.Government recording charges (from GFE#7) 190.00 1202. Deed$18.50 Mortgage(s)$.171.50 Releases$0.00 $190.00 1203.Transfer taxes (from GFE#8) 627,00 1204.City/Courtly tax/stamps Deed$0.00 Mortgage(s)$228.00 1205.State tax/stamps Deed$945.00 Mortgage(s)$399.00 945.00 1206. 1207. 1208. 1300.Additional Settlement Charoes 1301.Required Services that you can shop for (from GFE#6) 1302. to 1303. to 1304. to 1305.City of Cape Canaveral Lien to City of Cape Canaveral • 10,000,00 1306.2014 Property Taxes to 1,793.80 1307. to 1308. to 1309. 1400.Total Settlement Charges (Enter on lines 103.Section J and 502.Section K) 1.337.00 21.736.80 •POC(B)=Paid outside of dosing by borrower "The exception rate option was used in this file •POC(S)=Paid outside of dosing by seller OnithIATtn,et5t i% , H City of Cape Canaveral i,,i,.1c,;_2i 4, City Council Agenda Form City Council Meeting Date: 10/21/2014 Item No. IC) Subject: Consider Application for Satisfaction or Release of $5,925.00 Code Enforcement Lien, Case No. 12-00012; 201, 203, 205 Jefferson Avenue. Department: Community and Economic Development Summary: On February 20, 2014 the Code Enforcement Board entered an Order Imposing Penalty against the above-referenced property of one hundred fifty dollars (S150.00) for the first day and seventy-five dollars ($75.00) per day thereafter until the violation is corrected and full compliance is confirmed (Attachment #1). The Violation was for the condition of the roof, On April 25, 2014 the property was purchased by Mr. Mustapha Khan. On May 9, 2014 the property was brought into compliance (Attachment #2), The lien stopped accruing and the total fine was calculated at $5,925.00 (Attachment #3). On June 26, 2014 the new property owner, Mr. Khan, applied for a reduction of the Code Enforcement Lien (Attachment #4) due to the fact that he was not the owner at the time of the violation and he immediately brought the property into compliance. On August 21, 2014 the Code Enforcement Board asked if Staff had calculated the City's costs for the enforcement of the violation. Staff informed the Board that the City's costs had not yet been calculated. The Code Enforcement Board recommended the City Council reduce the outstanding lien to Staffs actual costs which were to be subsequently calculated. Staff followed up with a calculation of actual City costs ($4,735.12) (Attachment #5). The Board Minutes (Attachment #6) are included herewith. Current market value according to the Brevard County Property Appraiser is $132,000.00. ,,i'k'k\ Submitting Department Director: Todd Morley,\ Date: 10/8/2014 Attachments: #1 - February 20, 2014 Board Order #2 - Notice of Compliance #3 - Current lien amount calculation #4 - Application for Satisfaction or Release of Code Enforcement Lien #5 - Calculation of Staff costs #6 - Minutes from the August 21st meeting Financial Impact: Up to $1,189,88 in forgone lien collections; Staff time for preparation of Agenda Item. 2k,r'm i Reviewed by Financial Services Director: John DeLeo '' ' i Date: I ,„,, • The City Manager recommends that City Council take the allowing action: Approve the reduction of the outstanding lien to $4,735.12. Approved by City Manager: David L. Greene (I) Date: /bi 9'/ leit City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Attachment #1 41:hi. HIIIIIIHEME lik:. 11 /1.11.1111111 City7 of Ca • e 1 . I aver . I Iti, 1\,,, i, III., Iffilimill? Communit-y ez Economic Development Department . 1 ill El 1. 111'.1, 11 1 1111, 1 111111111.1.1„1„ CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA 1 ;111,111,11I 1 111,11111.11 111111111111, „Igoopol THE CITY OF CAPE CANAVERAL, Case#12-00012 whill.....m A Florida municipal corporation, ' 11111111111 11 i Complainant, CFN 2014047371, OR BK 7082 PAGE 1709, v. Recorded 03711/2014 at 08 20 AM.Scott Ellis.Clerk of Courts.erevard County Dolores G. Nagel #Pgs.3 Owner of the Property located at: 201, 203, 205 Jefferson Avenue Cape Canaveral, FL 32920 LEGAL ANON BY THE SEA LOT 1&W'A of LOT 2 BLK 14 PLAT BOOK 0003 PAGE 0007 PARCEL 11):24-37-23-CG-00014.0-0001.00 Respondent, I 7th AMENDED ORDER IMPOSING PENALTY ON FIRST VIOLATION THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on June 21, 2012 to determine whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on 201, 203 and 205 Jefferson Avenue, Cape Canaveral, Florida ("the Property"). The Board, having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, makes the following Findings of Fact and Conclusions of Law incorporated into this Order as set forth herein. Findings of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. That Respondent was provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with sections 162.08 and 162.12, Florida Statutes; 2. That a violation of Section 303.1, General; Section 303.4, Structural Members; Section 303.7, Roofs and Drainage, of the of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City Code, exist or existed upon the Property and Respondent was further provided a reasonable time to correct said violation; 3. That Respondents either failed or refused to correct such violation within the reasonable time period provided in the Notice of Violation; that the Respondent was provided notice of hearing before the Code Enforcement Board and was not present at the hearing; 7510 N.Atlantic Avenue . Post Office Box 326 . Cape Canaveral,FL 32920-0326 Telephone: (321) 868-1222 ' Fax: (321) 868-1247 www.cityofc2.pecznaveraLorg ti email:info@cityafcapecanaveral.org Case#12-00012 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 303.1, General; Section 303.4, Structural Members; Section 303.7, Roofs and Drainage, of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City Code; 5. That said violations exist or existed within the City of Cape Canaveral and that such constitutes violation of the City of Cape Canaveral Code of Ordinances. 6. Respondent was not present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on September 20, 2012. 7. Respondent was not present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on January 17, 2013. 8. Respondent was not present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on March 21, 2013. 9. Respondent was present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on June 20, 2013. 10. Respondent was not present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on September 19, 2013. 11. Respondent was present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on November 21, 2013. 12. Respondent was not present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on February 20, 2014. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. A fine shall be entered immediately in the amount of one hundred and fifty dollars ($150.00) for the first day and seventy-five dollars ($75.00) per day thereafter until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent(s) shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; 2. The Clerk of the Code Enforcement Board is hereby directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall, pursuant to section 162.09(3), Florida Statutes, serve as a lien against the Property and any other real or personal property owned by the Respondent. 3. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s)is I are found to exist. Case#12-00012 4. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2,Article VI. DONE AND ORDERED at Cape Canaveral, Florida, this 20th day of February, 2014. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA 717 Mary42.4„...ee ell, hairperson Copies furnished to: Dolores G. Nagel, Property Owner City of Cape Canaveral, Case File CERTIFICATION STATE OF FLORIDA COUNTY OF BREVARO CITY OF CAPE CANAVERAL Atifef� ►1 4gPiraa do hereby this copy of Omer Imposing Pendty for Case I R,- f t dated re.6 2.0 ,204 Is e fihte and Word photocopy of the City's record copy(Orin. By my hand and the official sea! the City of Cape Canaveral on this 2 '�^F day of City r Oeputy� Attachment#2 .44'iii'll'll !IIIIIIIIIIIIkol 1,111,01 „OF 4,SCE A A. 1;'°'1'1:1111 11111,11111111114 0 t011 4-----.. "Pit',1,141111111111111111111,1111111 4. il it oi i - 11 111 i 11 ty of 1 a . anaveml ,11.11111111,1-_.1.. _, 11 . 111, 7--` 7'01111 . i... -' IIIIIIIIIIIIIIIII&40` Community & Economic Development i... - 111„,,,44,1%CANAVITRAL ti; ' 0'11'1111.1110dr ,,::: _ ,. 11111111 111111111 NOTICE OF COMPLIANCE ''''Pl1111D1111111 liqu'lli,, ' May 16, 2014 Mustapha Khan 201 Jefferson Avenue Cape Canaveral,FL 32920 RE: CASE NO: 2012-00012 LOCATION OF VIOLATION: 201, 203, 205 Jefferson Avenue,Cape Canaveral,FL 32920 PL 24-37-23-CG-00014.0-0001.00 RESPONDENT(S): Mustapha Khan Your property was found in compliance on May 9, 2014, by meeting the requirements of the Notice of Violation. DESCRIPTION OF VIOLATION: Section 82-221, International Property Maintenance Code, (IPMC) IMPC Section 303.1,General. IMPC Section 303.4, Structural Members. IMPC Section 303.7,Roofs and Drainage. Thank you for your cooperation in this matter. If you have any questions,please do not hesitate to contact me at(321)868-1222. Suce rely, DUiee?6,4.1Lidlexandlr, CCQ Code Enforcement Officer Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222—Fax (321) 868-1247 www.cityofcapecanaveral.co-g e-mail: mfoAcityofcapecanaveral.org Attachment #3 ti,,,Its, 011 1$11 „,,,d, 04914 1 iliol,„?:,,0„,0 , 0 XCE 4A,' ), '70 Sw 011r 74t) ,Folunniqle ,.0044it 401 ID ray\It ,Till' . ity of as e anaveral 0 . ..., Community & Economic Development i'"1111111111111 .f,1111, 1 ,:!Iiirfi'l? CODE ENFORCEIVIENT DIVISION 0000011 ii August 21,2014 A Code Enforcement Lien Case No. 2012-00012, was filed on 3/11/14, for the property known as 201-205 Jefferson Avenue, Cape Canaveral, Florida 32920. Brevard County Clerk of Court has recorded this Lien as CFI's; 2014047371,in the Official Record Book 7082, Page 1709. The legal in part is AVON BY THE SEA LOT I & W1/2 OF LOT 2 BLK 14, PBK 0003, PG 0007. PIO; 24-37-23-CG-00014.0-0001.00. 201-205 JEFFERSON AVENUE CFN 2014047371, OR BK 7082, PG 1709 2/14 1 $150.00 $150.00 2/14 8 $75.00 $600.00 3/14 31 $75,00 $2,325.00 4/14 30 $75.00 $2,250.00 5/14 8 $75.00 $600.00 The property was found in compliance on May 9, 2014. Please do not hesitate to contact me if you have any questions. Sincerely, uree Alexander Code Enforcement Officer Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222—Fax (321) 868-1247 www,enyofcapecanaveral oi g e-mail: III fo(aleltyofeap ecan ayei al.or CITY OF CAPE CANAVERAL Attachment#4 APPLICATION FOR SATISFACTION OR RELEASE OF CODE ENFORCEMENT LIEN CODE ENFORCEMENTCASE 4: 12-eCiotA APPLICATION FEE: $ I DDT APPLICANT: /1/41//V&7 M- KW(/ DATE: 6/ -6 ADDRESS: o o,(p— dC 3 -a70 S �����fs�� cQ PteN .4 3)-1-- 537.7�i� CITY: STATE: ZIP: ���� NATURE OF VIOLATION(S): o,rrl c>P,e 4,,12 ADDRESS OF SUBJECT PROPERTY: '/•- r3 DATE FINE/LIEN IMPOSED: AMOUNT: /DAY OR TOTAL COMPLIANCE DATE: _ . RELIEF REQUESTS SATISFACTIO /REDUCTION(Circle one)IF REDUCTION,THE APPLICANT PROPOSES$ AS THE AMOUNT OF THE REDUCED FINE, THE FACTUAL BASIS UPON WHICH THE VIOLATOR BELIEVES THIS APPLICATION SHOULD BE GRANTED: (If more space is needed add additional pages) 4;E,, r Is. ineeis e TERMS OR CONDITIONS TO BE IMPOSED UPON APPLICANT SHOULD THE APPLICATION BE GRANTED: (If more space is needed add additional pages) /YD,c9.4. THE REASONS,IF ANY,WHY THE APPLICANT DID NOT BRING THE SUBJECT PROPERTY INTO COMPLIANCE PRIOR TO THE ORDER OF PENALTY OR FINE BEING IMPOSED AND RECORDED: (If more space is needed add additional pages) , e 2 4 !, •o fa �.� ANY ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTINENT TO THE REQUEST, INCLUDING BUT NOT LIMITED TO, THE CIRCUMSTANCES THAT EXIST WHICH WOULD WARRANT THE REDUCTION OR SA/TI,,SFACTION OF PENALTY OR FINE: (If more space is needed add additional pages) kr4 2-1 /V /I C 164 Date: 6 Y(z ry Applicant's Signature STATE OF Fl o t`•; da COUNTY OF ?ce v a r BEFORE ME the undersigned authority did personally appear pro v P r L_i ae per as identification, and who after being lace under oa�tl rSW swore a who the information contained within this application is true and correct. r•: \ [iY CO SISSION/FF 114297 a tG era a „WIRES:April 17 201e NotaryPublic 672�/� r ,y Puat wander. FOR STAFF USE ONLY APPLICATION FEE:S loci RECEIVED BY CITY ON x� i COMPLIANCE CONFIRMED BY BUILDING OFFICIAL ON CODE ENFORCEMENT REVIEW ON CODE ENFORCEMENT RECOMMENDATION ATTACHED: YES ACTION OF CITY COUNCIL: APPROVE; DENY; APPROVE WITH FOLLOWING CONDITIONS: DATE OF COUNCIL ACTION: CONDITIONS AND PAYMENT OF REDUCED FINE TO BE MET WITHIN 30 DAYS OF COUNCIL ACTION, TO WIT: ON OR BEFORE NUS OL(vtitek-t-LC Casa Prount SL.taCi A.:itArCE..446, „ , .. 1:p.,I( a It 0 - a 111 1 l . y 11 v ra Community iFeEconomic Development Department APPLICANT PROCEDURES FOR APPLYING FOR A REQUEST OR SATISFACTION OF A CODE ENFORCEMENT LIEN ,',' :0°Ill°fl 1111,11,1111k‘ ere a certified copy of an Order imposing a penalty or fine, as described in F.S. Ch. 162, has been .111,01014 1 1 11111111111' recorded in the public records of Brevard County,Florida, and has become a lien against the land and/or 11,11,101, 1 ,te'l property, once the property has been found in compliance a request for the satisfaction or release of the lien may be submitted in writing on the application form provided by the City of Cape Canaveral. The following procedures apply to any person applying for a satisfaction or release of the Code Enforcement Board lien. I. The application must be submitted at least ten (10) days prior to the next available Code Enforcement Board Meeting,on the application provided by the City, 2. A one-time application fee of$100.00 must be paid at the time the application is submitted to Staff. This fee is non-refundable,without regard for the final determination of the request, 3. If the person applying for the satisfaction or release of the Code Enforcement Board Lien is not the current property owner a notarized statement allowing the individual(s) to represent the property must be submitted with the application. 4. Once the completed application has been reviewed and approved the request will be scheduled for the first available Code Enforcement Board Hearing and a Code Enforcement Officer will notify you of the location, date, and time of the scheduled Hearing. Staff strongly recommends you or a representative is present at the bearing, Please initial here: lette_ S. The request will be presented to the Code Enforcement Board and the Board will provide the applicant with an opportunity to address the Board regarding the Request. The Board shall, by motion, make a recommendation to the City Council for approval, approval with conditions, or denial of the application, 6, The Code Enforcement Board Secretary will prepare the recommendation to be submitted for the next available City Council meeting date,which is usually the following month. 7. The Code Enforcement Board Secretary will contact the applicant with the location,date and time of the next available City Council Meeting.This information is also available on the City of Cape Canaveral's on line calendar at wwvv.eityofcanceanaveraLorg. It is strongly recommended that you be present at this hearing to represent your request for the satisfaction or release of the lien. 8, The City Council may approve, approve with conditions, or deny the application to satisfy or release the lien. 9. The violator shall have thirty(30) days in which to comply with the conditions imposed by the City Council. Failure of the violator to comply will result in the automatic denial of the application for satisfaction or release of the lien. 10. If the application is denied for any reason the violator/application shall not be allowed to apply for a subsequent satisfaction or release of the lien for a period of one(1)year. During that period the lien may only be satisfied and released upon full payment of the fine or penalty imposed. if f? Signature of Applicant: ,..7a2L,tLY,e-H - Date: 7510 N Atlantic Avenue --P.O. Box 326 —Cape Canaveral,FL 32920-0326 Telephone (321) 868-1222—Fax (321) 868-1247 Attachment#5 STAFF DETAILED COSTS REPORT 201,203,205 JEFFERSON AVENUE, CAPE CANAVERAL CASE NO. 2012-00012 DATE ENFORCEMENT DESCRIPTION AMT.TIME COST 1/18/12 Received complaint;researched property ownership; Brevard 1 hr 30.00 County; Clerk of Court; Address File. Conducted site inspection tagged door with Code Enforcement door tag. 1/20/12 Follow up site inspection of property;no one home. .5hr 15.00 3/19/12 Received another compliant regarding a tarp covering roof. lhr 30.00 Discussed issue with Building Official(B.O.); conducted site inspection and documented roof issues; photographs. 3/20/12 Researched ownership;checked building module for permits; 2hr+ 65.54 permit issued#8429 expired; site visit to property; attempt to 5.54 make contact with tenant;tarp nailed to roof;prepared Notice of Violation; Certified mail. (5.54) 3/29/12 Property owner contacted Staff regarding permitting issue for .5hr 15.00 roof. 5/04/12 Tenant contacted Staff regarding roof leaking;requested .5hr 15.00 access into unit;tenant will call back with time and date.No further contact from tenant. 6/08/12 Prepared Order to Appear; researched property ownership; 1.5hr+ 50.54 mailed certified(5.54) 5.54 6/20/12 Prepared power point presentation;researched ownership; 1 hr 30.00 current status of building permit. 6/21/12 Code Enforcement Hearing-Time of Officer Alexander @ lhr 255.00 30.00-Board Secretary @ 25.00-B.O @ 50.00 -Attorney @ 150.00 6/22/12 Secretary prepared Board Order for Chairperson signature. lhr+ 60.54 Staff reviewed documents and prepared for mailing certified. 5.54 (5.54) Secretary @ 25.00;Officer @ 30.00. 9/10/12 Prepared Order to Appear;researched property ownership; lhr+ 35.54 mailed certified mail. (5.54) 5.54 9/10/12 Prepared documents to be posted on property and City Hall; I.5hr 45.00 researched building module for current status of permit. 9/14/12 Property owner contacted staff and discussed issues at .1hr 30.00 property;unable to attend September meeting will provide written statement to be presented to Board. 9/18/12 Site visit to property-photos lhr 30.00 9/19/12 Received written complaint regarding condition of property. .5hr 15.00 Discussed issue with complainant. 9/19/12 Prepared power point presentation; reviewed documents 1hr 30.00 received from respondent to be presented to Code Board. 9/20/12 Code Enforcement Hearing-Time of Officer Alexander lhr 255.00 @30.00-Board Secretary @ 25.00-B.O @ 50.00-Attorney @ 150.00 9/21/12 Secretary prepared Board Order for Chairperson signature. 1 hr+ 60.54 Staff reviewed documents and prepared for mailing certified. 5.54 (5.54) Secretary @ 25.00;Officer @ 30.00. 1 STAFF DETAILED COSTS REPORT 201,203,205 JEFFERSON AVENUE, CAPE CANAVERAL CASE NO. 2012-00012 10/03/12 Prepared Order to Appear; researched property ownership; 1.5hr+ 50.54 mailed certified. (5.54) Site visit to property; documented 5.54 current condition. 10/04/12 Property owner called;property has been mowed working on lhr 30.00 other violations. Site visit;emailed photos to respondent; explained upcoming compliance hearing. 10/16/12 Site visit to property;photographed; sent email to property 1hr 30.00 owner regarding current condition of property with photos and reminder of hearing date. 10/17/12 Prepared power point presentation.Received email from 1.5hr 45.00 respondent;reviewed documents received from respondent to be presented to Code Board. 10/18/12 Called property owner to discuss current conditions of .5hr 15.00 property;property owner requested additional time to comply; will provide written request to Board. 10/18/12 Code Enforcement Hearing-Time of Officer Alexander 1 hr 255.00 @30.00-Board Secretary @ 25.00-B.O @ 50.00-Attorney @ 150.00 10/19/12 Secretary prepared Board Order for Chairperson signature. lhr+ 60.54 Staff reviewed documents and prepared for mailing certified. 5.54 (5.54) Secretary @ 25.00; Officer @ 30.00. 11/02/12 Received email from respondent;responded. Site visit to lhr 30.00 property. 12/05/12 Conducted site visit to property; called respondent regarding lhr 30.00 current condition of property.Will maintain property. 1/16/13 Prepared power point presentation;reviewed email to be lhr 30.00 presented to Board 1/17/13 Code Enforcement Hearing-Time of Officer Alexander 1 hr 255.00 @30.00-Board Secretary @ 25.00-B.O @ 50.00-Attorney @ 150.00 1/18/13 Secretary prepared Board Order for Chairperson signature. lhr+ 60.54 Staff reviewed documents and prepared for mailing certified. 5.54 (5.54) Secretary @ 25.00;Officer @ 30.00. 1/22/13 Site visit to property; called respondent back regarding current 1.5hr 45.00 condition of property and new compliance hearing date. 3/9/13 Prepared Order to Appear;mailed certified(5.54);researched 1 hr+ 35.54 property ownership. 5.54 3/20/13 Prepared power point presentation; reviewed email to be 1.5hr 45.00 presented to Board 3/21/13 Code Enforcement Hearing-Time of Officer Alexander lhr 255.00 @30.00-Board Secretary @ 25.00-B.O @ 50.00-Attorney @ 150.00 3/22/13 Secretary prepared Board Order for Chairperson signature. lhr+ 60.54 Staff reviewed documents and prepared for mailing certified. 5.54 (5.54) Secretary @ 25.00;Officer @ 30.00. 6/04/13 Site visit to property.Met with property owner; discussed .5hr 15.00 current issues with property. 2 STAFF DETAILED COSTS REPORT 201,203,205 JEFFERSON AVENUE, CAPE CANAVERAL CASE NO. 2012-00012 6/07/13 Prepared Order to Appear;mailed certified(5.54);researched 1 hr+ 35.54 property ownership. 5.54 6/17/13 Hand delivered Order to Appear. .5hr 15.00 6/19/13 Prepared power point presentation. lhr 30.00 6/20/13 Code Enforcement Hearing-Time of Officer Alexander lhr 255.00 @30.00-Board Secretary @ 25.00-B.O @ 50.00-Attorney @ 150.00 6/21/13 Secretary prepared Board Order for Chairperson signature. lhr+ 60.54 Staff reviewed documents and prepared for mailing certified. 5.54 (5.54) Secretary @ 25.00;Officer @ 30.00. 7/29/13 Received telephone call regarding pepper trees overhanging .5hr 15.00 sidewalk. 7/30/13 Site visit to property;lawn company mowing property. .5hr 15.00 7/31/13 Emailed property owner regarding problem with tree;attached .5hr 15.00 photos. 8/02/13 Site visit to property;tree trimmed. .5hr 15.00 9/06/13 Prepared Order to Appear;mailed certified(5.54);researched 1 hr+ 35.54 property ownership. 5.54 9/18/13 Prepared power point presentation. 1 hr 30.00 9/19/13 Received email from property owner regarding current status .5hr 15.00 of sale and pending Deed In Lieu of Foreclosure; reviewed. 9/19/13 Code Enforcement Hearing-Time of Officer Alexander lhr 255.00 @30.00-Board Secretary @ 25.00-B.O @ 50.00-Attorney @ 150.00 9/20/13 Secretary prepared Board Order for Chairperson signature- 1 hr+ 60.54 Staff reviewed documents and prepared for mailing certified. 5.54 (5.54) Secretary®25.00;Officer @ 30.00. 10/06/13 Site visit to property. .5hr 15.00 11/08/13 Prepared Order to Appear;mailed certified(5.54);researched lhr+ 35.54 property ownership. 5.54 11/12/13 Posted Property and City Hall -conducted site inspection. lhr 30.00 11/20/13 Prepared power point presentation. 1 hr 30.00 11/21/13 Code Enforcement Hearing-Time of Officer Alexander lhr 265.00 @30.00 -Board Secretary @ 25.00-B.O @ 50.00-Attorney @ 160.00 11/22/13 Secretary prepared Board Order for Chairperson signature. 1 hr+ 60.54 Staff reviewed documents and prepared for mailing certified. 5.54 (5.54) Secretary @ 25.00;Officer @ 30.00. 1/10/14 Prepared Order to Appear mailed certified(6.58); SunTrust lhr+ 43.16 (6.58);researched property ownership. *January meeting 13.16 canceled no quorum. 1/22/14 Site visit to property; monitor. lhr 30.00 2/06/14 Prepared Order to Appear;mailed certified(6.58); Sun Trust 1 hr+ 43.16 (6.58);researched property ownership. 13.16 2/19/14 Prepared power point presentation. lhr 30.00 3 STAFF DETAILED COSTS REPORT 201,203,205 JEFFERSON AVENUE, CAPE CANAVERAL CASE NO. 2012-00012 2/20/14 Code Enforcement Hearing-Time of Officer Alexander 1 hr 265.00 @30.00-Board Secretary @ 25.00-B.O @ 50.00-Attorney @ 160.00 2/21/14 Secretary prepared Board Order for Chairperson signature. 1 hr+ 68.16 Staff reviewed documents and prepared for mailing certified. 13.16 (6.58 x 2)Secretary @ 25.00; Officer @ 30.00. 3/05/14 Received email requesting information.Provided via email. lhr 30.00 3/11/14 Secretary filed Code Enforcement Board Order with Brevard 1 hr+ 52.00 County. 27.00 3/13/14 Received call from contractor;emailed requirements regarding .5hr 15.00 roof repairs. 3/12/14 Received email request for copy of Board Order and Notice of .5hr 15.00 Violation. 3/13/14 Received email from contractor for additional information. .5hr 15.00 4/09/14 Received telephone call regarding lien against property;pulled .5hr 15.00 information and faxed. 4/15/14 Received call from possible new owner; provided information .5hr 15.00 regarding how to comply and lien information. 5/09/14 Received notification property was in compliance;checked 1.5hr 45.00 records; conducted site inspection.Issued Notice of Compliance. 6/26/14 Received application for satisfaction or release of Lien; 1.5hr 40.00 Secretary processed application @ 25.00;Officer researched property @ 15.00. 7/11/14 Emailed new property owner regarding upcoming hearing. .5hr 15.00 8/20/14 Prepared power point presentation. 1 hr 30.00 8/21/14 Code Enforcement Hearing-Time of Officer Alexander 1 hr 265.00 @30.00 -Board Secretary @ 25.00-B.O @ 50.00 -Attorney @ 160.00 TOTAL COSTS $4,735.12 4 Attachment# 6 Code Enforcement Board Meeting Minutes August 21, 2014 Page 4 OLD BUSINESS: 6. Case No. 12-00012—Application for Satisfaction or Release of Code Enforcement Lien, (201-203-205 Jefferson Ave.)—Mustapha Khan, Property Owner. Code Enforcement Officer Duree Alexander provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation was for the condition of the roof. Officer Alexander stated that on February 20, 2014 the Code Enforcement Board entered an Order Imposing Penalty against the above-referenced property in the amount of one hundred fifty dollars ($150.00) for the first day and seventy-five dollars ($75.00) per day until the violation is corrected and full compliance is confirmed. During the period of non-compliance the property was owned by Dolores G. Nagel. Officer Alexander stated that on April 25, 2014 the property was purchased by Mr. Mustapha Khan. She further stated that Mr. Khan brought the property into compliance on May 9, 2014 at which time the lien stopped accruing and the total fine is five thousand nine hundred and twenty-five dollars ($5,925.00). Officer Alexander respectfully requested that the Board recommend to the City Council the reduction of the lien in the amount of five thousand nine hundred and twenty-five dollars ($5,925.00) to four thousand seven hundred and forty dollars ($4,740.00). She explained that the reduced amount would adequately compensate the costs of the enforcement of the violation and the blighting effect on the community. Mustapha Khan, the new property owner, testified that he has recently purchased the property in a public sale and was not aware of the outstanding lien until the closing. He stated that he obtained a permit to replace the roof and immediately brought the property into compliance. Mr. Khan further stated that the property would be for his personal use and requested a reduction of the lien. The Board asked for a calculation of actual Staff costs for the enforcement of the violations. Officer Alexander stated that she has not calculated the "actual cost". Assistant City Attorney Kimberly Kopp advised the Board that they could make a recommendation to Council that the lien be reduced to Staffs actual cost of the enforcement of the violation and Staff could calculate the number prior to the City Council meeting. Motion by Chairperson Russell, seconded by Mr. Hale, to recommend that Council reduce the lien in the amount of five thousand nine hundred and twenty-five dollars ($5,925.00) to Staffs actual cost of the enforcement of the violations. Vote on the motion carried unanimously. 7. Case No. 11-00040—Application for Satisfaction or Release of Code Enforcement Lien, (8652 N. Atlantic Ave.)—Linda Ward, Property Owner. Code Enforcement Officer Duree Alexander provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation was for the exterior condition of the property.