HomeMy WebLinkAboutAgenda Packet 03-17-2015[city seal]
CAPE CANAVERAL
CITY COUNCIL MEETING
AGENDA
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 Tem 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
March 17, 2015
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:
6:15 p.m. — 6:45 p.m.
Accept the Annual Audited Financial Statements and Independent Auditor's Report for
the Fiscal Year ended September 30, 2014 — Presentation by Bernadette Britz-Parker,
James Moore & Co.
Proclamation designating May 2015 as "Motorcycle Safety and Awareness Month" .
Proclamation designating April 7, 2015 as National Service Recognition Day in the City of
Cape Canaveral.
CONSENT AGENDA:
6:45 p.m. — 6:50 p.m.
1. Approve Minutes for Regular City Council Meeting of February 17, 2015.
2. Award Contract for construction of 2.5 Million Gallon Reclaimed Storage Tank
and WRF Filter Press Addition to Florida Design Contractors in the base bid
amount of$4,048,000 and authorize the City Manager to execute the Agreement.
3. Approve the Sole-Source purchase and installation of an Aqua Guard bar/filter
screen from Parkson Corporation in the amount of $158,454 and authorize the
City Manager to execute the Contract.
City of Cape Canaveral, Florida
City Council Meeting
March 17, 2015
Page 2 of 2
PUBLIC HEARING:
6:50 p.m. — 7:00 p.m.
4. Ordinance No. 04-2015; amending Chapter 62, "Solid Waste", of the Code of
Ordinances; providing for the repeal of prior inconsistent ordinances and
resolutions; incorporation into the Code; severability; and an effective date,
second reading.
ITEMS FOR ACTION:
7:00 p.m. — 7:15 p.m.
5. Consider Application for Reduction or Satisfaction of $77,850.00 Code
Enforcement Lien, Case No. 11-00040, 8652 N. Atlantic Avenue.
6. Resolution No. 2015-02; supporting the State Legislature's efforts to amend
Florida Statute Section 403.7033, to provide for local regulation and enforcement
of plastic bags under the State's proposed guidelines; alternatively, should the
Statute not be amended, the City Council requests the repeal of Florida Statute
Section 403.7033, so local governments are no longer preempted from enacting
appropriate legislation relating to the regulation of plastic bags; providing for the
repeal of prior inconsistent resolutions; severability; and an effective date.
REPORTS:
7:15 p.m. — 7:30 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: 3/17/2015
Presentations / Interviews
Subject: Accept the Annual Audited Financial Statements and Independent Auditor's
Report for the Fiscal Year ended September 30, 2014 — Presentation by Bernadette
Britz-Parker, James Moore & Co.
Department: Financial Services
Summary: The Accounting Firm of James Moore & Co. performed the Annual Audit of
the City's Financial Statements for the Fiscal Year ended September 30, 2014. James
Moore & Co. determined the Financial Statements present fairly, in all material respects,
the financial position of the City of Cape Canaveral and are in conformity with Generally
Accepted Accounting Principles. The Audit was conducted in accordance with
Generally Accepted Auditing Standards and Government Auditing Standards. The
findings and recommendations will be presented by Audit Manager Bernadette Britz-
Parker.
Financial Highlights:
• The assets of the City exceeded its liabilities at the close of the most recent
year by $40.1 million (net assets). Of this amount, $11.1 million (unrestricted
net assets) may be used to meet the City's ongoing obligations.
• The City's total net assets increased by $640,628. This is the result of
management's intense efforts to always pursue the most cost-effective
measures while protecting the City's resources.
• At the close of the Fiscal Year, the City's Governmental Funds which include
the General Fund and Nonmajor Governmental Funds reported combined
ending fund balances of $9.77 million, an increase of $2.6 million in
comparison with the prior year, due primarily to issuance of long-term debt
offset by the construction of the New Fire Station and the complete
Refurbishment of the Wastewater Treatment Plant Building in Fiscal Year
2014.
• At the close of the Fiscal Year, fund balance for the General Fund was
$9,091,797. Of this amount, $124,668 relates to inventory and prepaids and
is therefore nonspendable. The remaining fund balance includes: restricted
($430,314), committed ($5,024,941), assigned ($485,543) and unassigned
($3,026,331) balances. Within the committed fund balance category, the
largest piece is $3,742,637 committed for the construction of a New City Hall.
Unassigned funds are available to fund on-going activities of the City's various
General Fund services and programs.
• The City's total long-term liabilities increased $4.9 million. This was due
primarily to issuance of the $5.5 million Capital Improvement Revenue Note,
City Council Meeting Date: 3/17/2015
Presentations/Interviews
Page 2 of 2
offset by annual debt service payments on outstanding obligations related to a
State of Florida Department of Environmental Protection revolving loan for
wastewater treatment improvements made in 1995 and 1996.
Submitting Department Director: John DeLeo Date: 3/3/15
Attachment: Previously provided (The City of Cape Canaveral's Comprehensive
Annual Financial Report (CAFR).
Financial Impact: Staff time and effort to prepare this Agenda Item and cost of the
Audit.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 3/3/15
The City Manager recommends that City Council take the following action:
Accept the Audited Financial Statements and Independent Auditor's Report for the
Fiscal Year ended September 30, 2014.
Approved by City Manager: David L. Greene Date: 3/3/15
City of Cape Canaveral
City Council Agenda Form
[city seal] City Council Meeting Date: 03/17/2015
Presentations / Interviews
Subject: Proclamation designating May 2015 as "Motorcycle Safety and Awareness
Month".
Department: Legislative
Summary: American Bikers Aiming Toward Education (ABATE) has 32 chapters in
the State of Florida. The Brevard County Chapter is comprised of 850 plus Florida
residents who are dedicated to supporting their communities and the County in a variety
of ways; providing Safety and Education to the school system and to any organizations
or businesses with safety programs and educating the public about motorcycle
awareness.
As of May 2003, then Governor Jeb Bush declared every May as Motorcycle Safety and
Awareness Month from that year forward in the State of Florida. In keeping with May
being Motorcycle Safety Awareness month, ABATE is asking the Mayor and City
Council to call upon the residents of the City of Cape Canaveral to join in observing
Motorcycle Safety and Awareness through this Proclamation and to place a message
regarding same on the City's electronic marquee at City Hall.
Safety, Public Relations Director Suz Skinkle is here to accept on behalf of the Brevard
County Chapter.
Submitting Department Director: Angela Apperson Date: 03/2/2015
Attachments: Proclamation
Letter from Abate of Florida, Inc., Brevard County Chapter
Financial Impact: Staff time to prepare Proclamation and agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 3/3/15
The City Manager recommends that City Council take the following action:
Present Proclamation.
Approved by City Manager: David L. Greene Date: 3/3/15
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Official
Proclamation
City of
Cape Canaveral, Florida
WHEREAS, the motorcycle is an energy-efficient vehicle
that reduces fuel consumption, traffic and parking congestion; and
WHEREAS, motorcycles have proven to be an important
form of transportation for commuting, as well as touring and
recreation,both on and off the roads; and
WHEREAS, motorcycles are increasingly being used as a
regular means of transportation due to the current need to conserve
fuel and our state's favorable climate for this mode of
transportation; and
WHEREAS, as a matter of safety, it is necessary to develop
skills and an awareness of proper driving habits to handle these
vehicles on the highways of our state.
NOW, THEREFORE, I, Rocky Randels, by virtue of the
authority vested in me as Mayor, of the City of Cape Canaveral,
Brevard County, Florida do hereby proclaim the month of May
2015 as:
Motorcycle Safety and Awareness Month
[seal] Signed and Sealed this Day of ,
Mayor
ABATE of Florida, Inc. Rik venerable
(321)213-3558
Brevard County Chapter President
P.O. Box 237582 MaryKorolovich
Cocoa, FL 32923-7582
(321)631-6715
E-mail: abateflbrev@yahoo.com Vice President
Gwen DiBiase
(321)536-5830
Secretary
February 1, 2015 Robert Steiner
(321)480-5459
Mayor Rocky Randels Treasurer
The City of Cape Canaveral
105 Polk Avenue Tom Riley
PO Box 326 (513)616-5777
Cape Canaveral, FL 32920 Sgt of Arms
American Bikers Aiming Toward Education (ABATE) has 32 chapters in the State of Florida. I am
honored to represent about 850 plus Florida residents who comprise ABATE of Florida, Inc. in Brevard County.
Our membership is dedicated to supporting their communities and their county in a variety of ways. We volunteer
Safety and Education to the school system and to any organizations or businesses with safety programs. Two of
our organizations goals are to maintain our political force and educate the public about motorcycle awareness.
As of May 2003, then Governor Jeb Bush declared every May as Motorcycle Safety and Awareness Month
from that year forward in the state of Florida. In keeping with May being Motorcycle Safety Awareness Month we
are asking you to call upon the residents of your city to join in observing Motorcycle Safety and Awareness Month
through a proclamation. The Motorcycle is an energy-efficient vehicle that reduces fuel consumption, traffic and
parking congestion and has proven to be an important form of transportation for commuting as well as touring and
recreation, both on and off the roads.
In the interest of tracking our progress between our Safety programs and participating local cities, it is our
request that you return a proclamation to us before April 1st. We also ask that the city place an electronic sign in
high traffic areas that states "May is Motorcycle Safety Awareness month, look for motorcycles and scooters" to
help make your motorcycling community a safer place at least during Florida's Motorcycle Safety and Awareness
Month and hopefully continually throughout the year. I sincerely thank you in advance for your attention to this
program.
If our organization can be of any assistance, please do not hesitate to contact me at 321-266-6418 at Po Box
237582, Cocoa, Fl. 32923-7582, or at our email address of abateflbrev@yahoo.com.
Best Regards,
Suz Skinkle
Safety, Public Relations Director
Abate Of Florida Inc, Brevard County Chapter
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 03/17/2015
PRESENTATIONS / INTERVIEWS
Subject: Proclamation designating April 7, 2015 as National Service Recognition Day
in the City of Cape Canaveral.
Department: Legislative
Summary:
The Corporation for National & Community Service (CNCS) is a federal agency that
helps more than 5 million Americans improve the lives of their fellow citizens through
service. Working hand in hand with local partners, they tap the ingenuity and can-do
spirit of the American people to tackle some of the most pressing challenges facing our
nation. A large number of mayors have indicated support by registering at
www.nationalservice.qov/mayorsforservice and issuing proclamations, as well as
hosting public events and service activities, while using traditional and social media to
highlight the value of national service.
In cities and towns across Florida, more than 48,000 people are engaged in national
service to meet local needs and address our toughest community challenges. Through
AmeriCorps and Senior Corps programs, mayors are increasingly turning to national
service participants to help strengthen communities by tutoring and mentoring children,
supporting veterans and military families, responding to disasters, increasing economic
opportunity and recruiting local volunteers.
This year, the National League of Cities, the U.S. Conference of Mayors, and Cities of
Service are joining CNCS to promote the Mayors Day of Recognition for National
Service scheduled for Tuesday, April 7, 2015.
Florida's CNCS Office and Volunteer Florida, which administer Senior Corps and
AmeriCorps programs in our state, are partnering with the Florida League of Cities to
generate another strong show of national service support by mayors.
Submitting Council Member: Mayor Rocky Randels Date: 3/5/2015
Attachment: Proclamation
Financial Impact: Staff time to prepare Proclamation and agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 3/6/15
The City Manager recommends that City Council take the following action:
Read the Proclamation designating April 7, 2015 as National Service Recognition Day
in the City of Cape Canaveral.
Approved by City Manager: David L. Greene Date: 3/6/15
Official
Proclamation
City of
Cape Canaveral, Floirda
WHEREAS,service to others is a hallmark of the American character,and central to how we
meet our challenges and the Nation's mayors are increasingly turning to national service and
volunteerism as a cost-effective strategy to meet city needs;and
WHEREAS,AmeriCorps and Senior Corps address the most pressing challenges facing our
cities and Nation,from educating students for the jobs of the 21st century and supporting veterans and
military families to preserving the environment and helping communities recover from natural disasters;
and
WHEREAS, national service expands economic opportunity by creating more sustainable,
resilient communities and providing education,career skills,and leadership abilities for those who serve;
and
WHEREAS,national service participants increase the impact of the organizations they serve
with,both through their direct service and by recruiting and managing millions of additional volunteers;
and
WHEREAS, national service represents a unique public-private partnership that invests in
community soh>tions and leverages non-federal resources to strengthen community impact and increase
the return on taxpayer dollars;and
WHEREAS,AmeriCorps members and Senior Corps volunteers demonstrate commitment,
dedication,and patriotism by making an intensive commitment to service,a commitment that remains
with them in their future endeavors;and
WHEREAS, the Corporation for National and Community Service shares a priority with
mayors nationwide to engage citizens,improve lives,and strengthen communities;and is joining with
mayors across the country to support the Mayors Day of Recognition for National Service on April 7,
2015.
THEREFORE, BE IT RESOLVED that I, Rocky Randels, Mayor of the City of Cape
Canaveral,Florida,do hereby proclaim April 7,2015 as
National Service Recognition Day
and encourage residents to recognize the positive impact of national service in our City,to thank those
who serve; and to find ways to give back to their communities.
[seal] Signed and Sealed this Day of ,
Mayor
CITY COUNCIL REGULAR MEETING #1
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
TUESDAY
February 17, 2015
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:00 P.M. and led the pledge
of allegiance.
ROLL CALL:
Council Members Present:
Council Member John Bond
Mayor Pro Tem Bob Hoog
Council Member Buzz Petsos
Mayor Rocky Randels
Council Member Betty Walsh
Others Present:
City Manager David L. Greene
City Attorney Anthony Garganese
City Clerk Angela Apperson
Administrative/Financial Services Director John DeLeo
Economic Development Director Todd Morley
Community Development Director David Dickey
Public Works Services Director Jeff Ratliff
Public Works Services Deputy Director Lonnie Dunn
Brevard County Sheriff Major Paul Ring
Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham
PUBLIC PARTICIPATION:
Rebecca Rowe spoke of traffic problems along AlA near Cape Shores Drive.
Ray Osborne addressed climate adaption, referenced an article in National Geographic
regarding same, complimented Staffs work to become aware of climate adaption; and noted
an Ordinance adopted by Satellite Beach regarding same.
Bart Gaetjens, External Affairs Area Manager for Florida Power and Light, introduced
himself and expressed his availability to the City.
City of Cape Canaveral, Florida
City Council Regular Meeting
February 17, 2015
Page 2 of 5
Joyce Hamilton complimented Council Member Petsos for the successful Sea Oats Planting
Project. Council Member Petsos indicated approximately 100 volunteers assisted in the
planting of 7,680 Sea Oats. He thanked Public Works Services Staff for their assistance and
noted 88,500 Sea Oats have been planted over eleven years.
Lila Gilbert spoke of the need for a sidewalk on the south side of Central Avenue west to
Bayport Drive, as pedestrians are forced to walk in the roadway.
Gary Toenjas spoke of the increased traffic within the City due to the docking of seven ships
at Port Canaveral. He urged the City Council to commission a traffic study when all seven
ships are in the Port so statistics/true impacts can be obtained.
PRESENTATIONS / INTERVIEWS:
Proclamation designating March 2015 as "Irish American Heritage Month": Mayor Randels
provided the history of the Order of Hibernians and read the Proclamation into the record.
Space Coast Transportation Planning Organization update provided by Communications
Specialist Katrina Morrell: Katrina Morrell introduced Transportation Program Specialist
Georganna Gillette, provided information related to the history of Transportation Planning
and the activities of the Space Coast Transportation Planning Organization(SCTPO),which
includes the Complete Street project on North Atlantic Avenue in the City of Cape Canaveral.
She invited everyone to view their new Web/social media Sites, subscribe to the E-
Newsletter and to attend the Long Range Transportation Plan Workshop on March 3, 2015
from 8:30 a.m. to noon at the School Board Office in Viera. Questions, comments and
responses by Georganna Gillette are summarized below:
• Is the SCTPO considering doing a traffic count because of the additional activities at
the Port? Response — the SCTPO regularly does traffic counts; however, with the
changes they will look at it further.
• What is the percentage of funds that are spent on bicycle lanes/sidewalks?
liesponse — The Transportation Improvement Program lists the projects in Florida
Department of Transportation's (FDOT)five-year work plan. SCTPO has developed
a bike/pedestrian mobility plan which identifies the gaps in bike lanes/sidewalks
throughout the entire County. SCTPO is partnering with FDOT to make needed
improves anytime they have a project where the gaps exist. Unfortunately,
funding shortages exist.
• Comment — FDOT/SCTPO does more than large projects. They sponsor the walk
to school program, provide helmets to children, have a bicycle rodeo and do many
other projects. The gas tax has not been increased for many years and is not
proportionate to the rise of gas prices. FDOT has embarked on a six-year project to
make improvements to Interstate 4.
• What is the status of lowering the speed limit along A1A? Response—SCTPO is still
working with FDOT regarding the 80th percentile standard; however, they have not
agreed yet. A1A improvements should help to slow traffic because they will change
the feel of the roadway.
City of Cape Canaveral, Florida
City Council Regular Meeting
February 17, 2015
Page 3 of 5
• Can the Pedestrian Education Coordinator distribute reflectors to bicyclists at the
same time helmets are distributed, as there are many bicycles without them?
Response — FDOT provides a limited number of reflectors, which are distributed by
the Coordinator. The comment will be shared with the Coordinator in hopes of
additional reflectors.
• Can the bike lanes along A1A have a bike painted on them and how do we keep
the pedestrians out of them? Response — technically within two miles of an
urbanized area, a paved shoulder can be designated/painted as a bike lane;
however, there should be personal responsibility to stay out of the roadway.
• Who is in charge of the traffic lights and the timing of same? Response — although
the traffic lights along A1A belong to FDOT, Cape Canaveral has an agreement
with Brevard County to maintain/manage the traffic signals and their timing. City
Manager Greene indicated the City continually communicates with the County
about light timing; however, if an individual desires additional traffic lights along
A1A, that request should be made to FDOT.
Presentation by Stephanie Darden, President of Prismatic, Inc.: While the presenter was
preparing, Joyce Hamilton complimented the Leisure Services Department on the Friday
Fest/Student Art Show and acknowledged the attendance of many individuals at the
Branding Workshop, held at the Florida Beer Company.
Emily Thompson, presenting for Stephanie Darden, thanked those who participated in the
survey and the workshop. She reviewed the strategic objectives; guiding documents,
which include the Vision Statement; the Branding Initiative RFP; the Strategy; the Public
Outreach events; the public engagement strategy of"My Cape Can ", which included
a website, Facebook/Twitter, hard copy of posters/surveys; Brand Ambassador outreach
events; Stakeholder interviews; student participation; Community Branding Workshop and
the next steps. Discussion ensued and included: the amount of work that went into the
project; that 'more information could be presented at future Council Meetings; the
product/deliverables; the need for wIlaborative efforts to bring the various citizen positions
to one brand; that the branding does not change the City Seal "Sun, Space, & Sea"; that
residents have had the opportunity to participate in the process; the number of survey
responses vs the number of citizens; whether there is a connection between the survey
data and the businesses that would be targeted; the limitation on the types of businesses
that will fit within the City (no room for big box stores); the difficulty in attracting chain
restaurants and the desire to have more professional offices, Mom/Pop businesses; the
tight corridor for development along SR A1A, and the need for re-development activities.
No action was taken.
CONSENT AGENDA:
1. Approve Minutes for Regular City Council Meeting of January 20, 2015: A
motion was made by Council Member Bond, seconded by Mayor Pro Tern Hoog,
to approve the minutes of January 20, 2015. The motion carried 5-0 with voting as
City of Cape Canaveral, Florida
City Council Regular Meeting
February 17, 2015
Page 4 of 5
PUBLIC HEARINGS:
2. Ordinance No. 03-2015; amending the Solid Waste Agreement between the City
and Waste Pro of Florida, Inc., pursuant to Section 2.12 of the City Charter, to provide for
annual payments to the City in lieu of a performance bond or letter of credit for the initial
five-year term; providing for 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 provided an explanation of same.
Mayor Randels provided additional information about the Ordinance purpose. The Public
Hearing was opened. No comments were received and the Public Hearing was closed.
A motion was made by Council Member Petsos, seconded by Council Member
Walsh, for approval of Ordinance No. 03-2015. The motion carried 5-0 with voting
as follows: Council Member Bond, For; Mayor Pro Tern Hoog, For; Council Member
Petsos, For; Mayor Randels, For; and Council Member Walsh, For.
3. Ordinance No. 04-2015; amending Chapter 62, "Solid Waste", of the Code of
Ordinances; providing for the 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 a brief explanation of
same. 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
Mayor Pro Tem Hoog, to approve Ordinance No. 04-2015. The motion carried 5-0
with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For;
Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For.
REPORTS:
Council Member Bond thanked Council Member Petsos for his work on the Sea Oats
Planting Project.
Council Member Walsh thanked Council Member Petsos for his work on the Sea Oats
Planting Project. She noted the percentage of responses for the 2009 Visioning is
consistent with the involvement in the Branding Initiative. City Manager Greene felt a
random sampling is consistent with the responses received. Council Member Petsos
asked if it is feasible to use the Blackboard Connect System to possibly obtain additional
responses to the Branding Survey.
Council Member Petsos noted that the 6th grade class at Capeview Elementary also
assisted in the planting of Sea Oats.
Mayor Pro Tem Hooq thanked Brevard County Sheriffs Office and Major Paul Ring for
their work to remove a meth house.
City of Cape Canaveral, Florida
City Council Regular Meeting
February 17, 2015
Page 5 of 5
Mayor Randels spoke of the Fine Arts show held the past weekend by the Central Brevard
Art Association and a scholarship program for attendance at Eastern Florida State
College.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 7:38 P.M.
Rocky Randels, Mayor
Angela M. Apperson, MMC,
City Clerk
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 03/17/2015
Item No. 2
Subject: Award Contract for construction of a 2.5 Million Gallon Reclaimed Storage
Tank and WRF Filter Press Addition to Florida Design Contractors in the base bid
amount of$4,048,000 and authorize the City Manager to execute the Agreement.
Department: Public Works Services
Summary: Public Works Services (PWS) invited qualified Licensed Contractors in
accordance with the City's Purchasing Policy and Florida Statutes to submit a Bid for (1)
the construction of a 2.5 Million Gallon Reclaimed Storage Tank, (2) the expansion/
refurbishment of the Water Reclamation Facility (WRF) Filter Press Building, (3) the
installation of a new filter press and (4) refurbishment of the existing filter press at the
City's Wastewater Treatment Plant (WWTP). Completion of this Project will (1) more
than double the City's capacity for the storage of reclaimed water, (2) provide a new
back-up filter press unit (i.e., system redundancy), (3) allow for the refurbishment of the
existing filter press unit (i.e., system redundancy) and (4) provide 2,151 credits for
nitrogen removal and 158 credits for phosphorous removal from the Total Maximum
Daily Load (TMDL) Program. These TMDL credits represent 72% of the required
reductions over the next 15 years for nitrogen and 24% of the required reductions for
phosphorous.
Staff advertised this re-bid opportunity on January 22, 2015 by posting (1) a legal ad in
the Florida Today newspaper, (2) a notice on the City's web page and (3) bid
information to the Onvia, Inc., bid service. Five sealed bid submittals were received and
publicly opened at the WWTP Training Room on February 24, 2015. PWS Staff and
consulting engineering Staff analyzed the bid submittals and recommend that the City
contract with Florida Design Contractors, Inc. (FDC) of West Palm Beach, Florida,
which provided the low base bid in the amount of $4,048,000. FDC also provided a
deductive alternate to the base bid in the amount of $30,000 which included the
purchase of a rebuilt filter press instead of a new filter press. However, due to the
relatively low cost, Staff is recommending that a new filter press be purchased in lieu of
a rebuilt filter press. A summary of the five sealed bids submitted for the Project and a
recommendation letter from the City's consultant are included in Attachment #1. (Note:
This is a combined project which represents two of the eight projects originally proposed
by the City for a loan from the State Revolving Fund [SRF] Program.)
FDC's selected pre-stressed concrete tank subcontractor for this Project is Crom
Corporation (Crom), which was the tank subcontractor selected by all five firms that
submitted bids. Crom has constructed over 4,000 pre-stressed concrete tanks
throughout the United States and is the preeminent contractor in the tank construction
field. Ashbrook Simon-Hartley (Ashbrook), the manufacturer of the City's current filter
press, will provide the new filter press. Ashbrook is an international supplier of filter
presses and is the preeminent filter press manufacturer in the field. A proposed
Construction Agreement with FDC is included as Attachment #2.
Funding. These combined Projects were budgeted in the amount of $3,119,300.
However, the geotechnical investigation revealed that an extensive pilings installation
City Council Meeting Date: 03/17/2015
Item No. 2
Page 2 of 2
program was required due to the presence of clay at -70 feet below land surface. The
300+ pilings for the tank must be driven to depths below the clay to stabilize the
foundation and eliminate possible settling of the tank. Funds for this Project were
originally to come from the City's loan through the SRF Program. However, Staff was
recently notified that grant funding is now forthcoming from St. Johns River Water
Management District (SJRWMD) in the amount of $741,427 from the 2015 Cooperative
Cost Share Initiative Program. The City was initially denied this grant funding in 2014
but has since been approved. Acceptance of these funds will reduce the amount of
funding required from the City's loan from the SRF Program for the 2.5 Million Gallon
Reclaimed Storage Tank and WRF Filter Press Addition Project to $3,306,573. A
contract with SJRWMD to accept the grant funds will be presented at the April 21, 2015
City Council Meeting.
Based upon the following, Staff believes that funds required for completion of projects in
the City's SRF Program loan remain slightly below the $8 million amount as approved
by City Council:
• Acquisition of grant funding ($589,262) for the City Park Exfiltration Project from
Florida Department of Environmental Protection (FDEP);
• Application for additional grant funding ($329,044 — still under review) for the City
Park Exfiltration Project from SJRWMD;
• Acquisition of grant funding ($741,427) from SJRWMD for the 2.5 million gallon
reclaimed water tank; and
• Removal of the North Atlantic Avenue Streetscape Project from the SRF loan
program.
Staff will continue to investigate other grant opportunities to further reduce the City's
approved SRF Program loan amount of$8 million.
Submitting Department Director: Jeff Ratliff Date: 03/05/15
Attachments:
#1 — Bid Summary and Recommendation Letter
#2 — Construction Agreement
Financial Impact: $4,048,000 for construction of a 2.5 Million Gallon Reclaimed
Storage Tank and WRF Filter Press to be funded by the SRF Program ($3,306,573) and
SJRWMD Grant ($741,427). Staff time in preparation of this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 3/5/15
The City Manager recommends that City Council take the following action: Award
Contract for construction of a 2.5 Million Gallon Reclaimed Storage Tank and WRF
Filter Press Addition to Florida Design Contractors in the base bid amount of
$4,048,000 and authorize the City Manager to execute the Agreement.
Approved by City Manager: David L. Greene Date: 3/5/15
Attachment #1
• Bid Summary
• Recommendation Letter
CITY OF CAPE CANAVERAL
2.5 MILLION GALLON RECLAIMED STORAGE TANK AND WRF FILTER PRESS ADDITION
BID No. 2015-01
WWTP Training Room 601 Thurm Boulevard
February 24,2015(2:15 PM)
Company Name Base Bid Deductive Bid Bond Addendum
Alternate Received Acknowledge
WPC Industrial 4,137,000.00 35,000.00 ✓ NA
[illegible] Smith, Inc 4,115,000.00 30,000.00 ✓ NA
Florida Design Contractors 4,048,000.00 30,000.00 ✓ NA
Brandiss Design Build, Inc. 4,112,876.00 25,000.00 ✓ NA
Welsh Companies 4,129,900.00 30.000.00 ✓ NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
Page 1 of 1
BRAD T.BLAIS,P.E Quentin L. Hampton Associates, Inc. TELEPHONE (386)761-6810
DAVID A KING,P.E FAX (386)761.3877
ANDREW M GIANNINI,P E Consulting Engineers EMAIL: qlha@qlha.com
KEVIN A.LEE,P E P.O.DRAWER 290247
PORT ORANGE.FLORIDA 32129-0247
February 26,2015
Mr. Jeff Ratliff
Public Works Director
City of Cape Canaveral
P.O. Box 326
Cape Canaveral, FL 32920
2.5 MILLION GALLON RECLAIMED WATER STORAGE TANK
AND WRF FILTER PRESS ADDITION
BID#2014-06 - RE-BID
SRF#WW05050
Dear Mr.Ratliff:
The bid opening for the rebidding of the referenced project was held Tuesday, February 24, 2015.
Five bids were received with Florida Design Contractors,Inc.of Lake Park,Florida (FDC)submitting
the lowest base bid of$4,048,000.The project was rebid after the original bids received,in October
2014,exceeded the project budget.
Below is a summary of the submitted bids:
BIDDER BASE BID DEDUCTIVE
AMOUNT ALTERNATE
1. Florida Design Contractors,Inc. $4,048,000 ($30,000)
2. Brandes Design-Build,Inc. $4,112,876 ($25,000)
3. Wharton-Smith,Inc. $4,115,000 ($30,000)
4. Welsh Construction,LLC $4,129,900 ($30,000)
5. WPC Industrial Contractors,LLC $4,137,000 ($35,000)
The deductive alternate was for a factory reconditioned belt filter press versus a new press.
We have reviewed FDC's bid documents and found them complete except for their failure to submit
four required items with their bids. These items were a
• Certificate as to Corporate Principal form
• City of Cape Canaveral Insurance Requirements form
• Copy of Florida Certified Contracting license
• Certification of Compliance with the FDEP Supplemental Conditions.
We have confirmed that Thomas H.Clarke,who signed the Bid Bond,is indeed the President of FDC.
Such confirmation is the purpose of the Certificate as to Corporate Principal form.
The intent of the City Insurance Requirements form is to have the bidders certify that they
understand the insurance requirements and agree to comply with such requirements. The
Construction Contract also includes the insurance requirements and upon execution,the Contractor
would be agreeing to provide such insurance.
CC003 Recommendation
We have confirmed that FDC holds a Florida Certified General Contractor license that is current and
active with no complaints.
The Certification of Compliance with the FDEP Supplemental Conditions form is a certification that
the bidder agrees to comply with the FDEP supplemental conditions required due to the SRF
funding. FDC did include this form with their bid during the original bidding. It appears that FDC
was aware of the supplemental conditions based on their original bid submission.
We recommend the City waive these irregularities with FDC's bid as allowed in the bidding
documents (Invitation to Bid and Proposal). The other four submitted bids also had omissions of
one or more of the required bid forms/attachments.
Neither our firm nor the City has had past experience with FDC. Based on FDC's submitted
experience information, they have completed many similar type projects in Florida since 1991
when they were organized. We conversed with a number of their references on current projects
and received good reports on FDC. FDC appears to focus on water/wastewater treatment facility
construction which should provide substantial abilities/knowledge useful for this project. FDC's
proposed subcontractors all hold current and active State licenses with no complaints. We found
nothing that would lead us to believe that FDC does not have the ability and resources to
successfully complete the project.
We recommend the City award the Base Bid to Florida Design Contractors,Inc.We defer to the City
in regards to awarding the deductive alternate. The remanufactured press will come with the same
warranty as a new press. The magnitude of the remanufactured press savings may or may not be
substantial enough to warrant awarding the alternate. The City's budget constraints may be the
prevailing reason for this decision.
Please contact our office if you have any questions or need further information. We have copied Mr.
Berryhill with this letter in order to coordinate his SRF assistance with the bid award.
Sincerely,
QUENTIN J. HAMPTON ASSOCIATES, INC
[signature]
David A.King,P.E.
Vice President
DAK:mt
cc: Don Berryhill,Berryhill Group
C0003 Recommendation
Attachment #2
Construction Agreement
Bid#2015-01 Reclaimed Storage Tank
Cape Canaveral, Florida
CONSTRUCTION AGREEMENT
This Agreement made this day of , 2015 between the CITY OF CAPE
CANAVERAL, a Florida municipal corporation (herein referred to as CITY) and Florida Design Contractors, a
State Certified General Construction Firm authorized and duly licensed to do business in the State of Florida
(herein referred to as CONTRACTOR), as follows:
1. DESCRIPTION OF WORK- CONTRACTOR shall perform the work, in accordance with the Contract
Documents for the construction of the 2.5 million gallon reclaimed storage tank and WRF filter press
addition, as set forth in the Scope of Services, attached hereto as Exhibit"A", and fully incorporated
by this reference("Work").
2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; Exhibits and
Addendum to the Agreement; the Engineering Plan and Drawings prepared by Quentin L. Hampton
Associates, Inc., dated January 2015; Bid #2015-01 Documents issued by the City; Contractor's Bid
Submittal; General Conditions, if any; Supplemental Terms and Conditions by the City, if any;
Supplemental Terms and Conditions by the Florida Department of Environmental Protection (FDEP), if
any; and all Change Orders approved by the City after execution of this Agreement. These Contract
Documents are hereby incorporated into this Contract by this reference.
3. ORDER OF PRECEDENCE - In case of any inconsistency in any of the documents bearing on the
Agreement between the CITY and the CONTRACTOR, the inconsistency shall be resolved by giving
precedence in the following order:
a. Agreement Exhibits and Addenda; Contractor's Bid Submittal;
b. Change Orders;
c. Supplemental Terms and Conditions;
d. General Terms and Conditions;or
e. Engineering Plans and Drawings.
Any inconsistency in the work description shall be clarified by the CITY and performed by the
CONTRACTOR.
4. AGREEMENT INTERPRETATION -At its discretion, during the course of the work, should any errors,
ambiguities, or discrepancies be found in the Agreement or specifications, the CITY at its sole
discretion will interpret the intent of the Agreement and work descriptions and the CONTRACTOR
hereby agrees to abide by the CITY's interpretation and agrees to carry out the work in accordance
with the decision of the CITY. When the material, article, or equipment is designated by a brand name
and more than one brand name is listed, it will be understood that the work is based on one brand
name only. The CONTRACTOR will be responsible for all coordination necessary to accommodate the
material, article, or equipment being provided without additional cost to the CITY. A substitute material,
article, or equipment is allowed if it is reasonably equivalent to the brand name specified.The CITY has
full discretion to decide whether a substitute is reasonably equivalent. CONTRACTOR must notify the
CITY prior to use of the substitute for a specified brand name and allow the CITY to make a
determination before CONTRACTOR uses the substitute.
5. CONTRACT TIME-The CONTRACTOR shall begin work within fourteen (14)days after the issuance
of a written Notice to Proceed and shall complete the Work within 210 calendar days from the date of
the Notice to Proceed. Extensions, if any, are authorized by CITY, and may only be granted in writing.
City of Cape Canaveral/Contractor
Page 1 of 9
Bid#2015-01 Reclaimed Storage Tank
Cape Canaveral, Florida
6. LIQUIDATED DAMAGES - CITY and CONTRACTOR recognize that time is of the essence of this
Agreement and that CITY will suffer financial loss if the Work is not substantially complete within the
time specked in Paragraph 5 above, plus any extensions thereof allowed in accordance with the
General Conditions. They also recognize the delays, expense, and difficulties involved in proving in a
legal or arbitration preceding the actual loss suffered by CITY if the Work is not substantially complete
on time. Accordingly, instead of requiring any such proof, CITY and CONTRACTOR agree that as
liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay CITY Five-Hundred
Dollars ($500.00) per day for each day that expires after the time specified in Paragraph 5 for final
completion until the work is finally complete, and that CITY has paid to CONTRACTOR the
consideration of Ten($10.00)Dollars as consideration for this provision.
7. CONTRACT PRICE, UNIT PRICE CONTRACT - The CITY will pay the CONTRACTOR in current
funds for the performance of the work, subject to additions and deductions by Change Order, the Total
Contract Price of four million forty eight thousand dollars ($4,048,000). Payments will be made to the
CONTRACTOR for actual quantities installed on the basis of the Schedule of Unit Prices included as a
part of the Bid,which shall be as fully a part of the Contract as if attached or repeated herein.
8. TERMINATION; DEFAULT BY CONTRACTOR AND CITY'S REMEDIES - The CITY reserves the
right to revoke and terminate this Agreement and rescind all rights and privileges associated with this
Agreement, without penalty, for convenience. Further, the CITY reserves the right to revoke and
terminate this Agreement in the following circumstances, each of which shall represent a default and
breach of this Agreement:
a. CONTRACTOR defaults in the performance of any material covenant or condition of this
Agreement and does not cure such other default within seven(7)calendar days after written notice
from the CITY specifying the default complained of, unless, however, the nature of the default is
such that it cannot, in the exercise of reasonable diligence, be remedied within seven (7)calendar
days, in which case the CONTRACTOR shall have such time as is reasonably necessary to
remedy the default, provided the CONTRACTOR promptly takes and diligently pursues such
actions as are necessary therefore;or
b. CONTRACTOR is adjudicated bankrupt or makes any assignment for the benefit of creditors
or CONTRACTOR becomes insolvent, or is unable or unwilling to pay its debts;or
c. CONTRACTOR has acted negligently, as defined by general and applicable law, in performing
the Work hereunder;or
d. CONTRACTOR has committed any act of fraud upon the CITY; or
e. CONTRACTOR has made a material misrepresentation of fact to the CITY while performing
its obligations under this Agreement;or
f. CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial,
adverse impact upon performance of this Agreement without prejudice to any other right, or
remedy CITY may have under this Agreement.
Notwithstanding the aforementioned, in the event of a default by CONTRACTOR, the CITY shall have
the right to exercise any other remedy the CITY may have by operation of law, without limitation, and
without any further demand or notice. In the event of such termination, CITY shall be liable only for the
payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for
Work properly performed prior to the effective date of termination
9. FORCE MAJEURE - Any delay or failure of either party in the performance of its required obligations
hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm;
explosion; riot; war; sabotage; strikes (except involving CONTRACTOR's labor force); extraordinary
City of Cape Canaveral/Contractor
Page 2 of 9
Bid#2015-01 Reclaimed Storage Tank
Cape Canaveral, Florida
breakdown of or damage to CITY 's affiliates' generating plants, their equipment, or facilities; court
injunction or order; federal and/or state law or regulation; order by any regulatory agency; or cause or
causes beyond the reasonable control of the party affected; provided that prompt notice of such delay
is given by such party to the other and each of the parties hereunto shall be diligent in attempting to
remove such cause or causes. If any circumstance of Force Majeure remains in effect for sixty days,
either party may terminate this Agreement.
10. SEVERABILITY- In the event any portion or part thereof of this Agreement is deemed invalid, against
public policy, void, or otherwise unenforceable by a court of law, the parties, at the sole discretion and
option of the CITY, shall negotiate an equitable adjustment in the affected provision of this Agreement.
The validity and enforceability of the remaining parts of this Agreement shall otherwise be fully
enforceable.
11. PROGRESS PAYMENTS - CITY shall make progress payments on account of the contract price to
CONTRACTOR, on the basis of application for payments submitted to the CITY or CITY's Project
Manager, by CONTRACTOR as the work progresses, and in accordance with the Contract
Documents.
Progress payments may be withheld if:
a. Work is found defective and not remedied;
b. Contractor does not make prompt and proper payments to subcontractors;
c. Contractor does not make prompt and proper payments for labor, materials, or equipment
furnished him;
d. Another Contractor is damaged by an act for which Contractor is responsible;
e. Claims or liens are filed on the job;or
f. In the opinion of the City of Cape Canaveral, Contractor's work is not progressing satisfactorily.
12. FINAL PAYMENT - CITY shall withhold up to 10% of the Contract Price throughout the project in
accordance with the Local Government Prompt Payment Act ("Act"). After 50% completion of the
project, CITY shall reduce to 5% the amount of the retainage withheld from each subsequent progress
payment made to the CONTRACTOR unless the project is subject to Federal funding, in whole or in
part, and the project is subject to laws and regulations contrary to the Act. The term"50%completion of
the project" shall mean the point at which the CITY has expended 50% of the total cost of the
construction services purchased under this Agreement together with all costs associated with existing
change orders and other additions or modifications to the CONTRACTOR services provided for in this
Agreement.After 50%completion, the Contractor may present to the CITY a payment request for up to
one-half of the retainage held by the CITY. CITY shall promptly make payment to the CONTRACTOR
unless the CITY has grounds, under the Act, for withholding the payment of the retainage. The
remaining retainage amount withheld shall be released with the Final Payment after the issuance of the
Final Completion Certificate. CITY shall make final payment to CONTRACTOR within thirty (30) days
after the work is fully and properly completed, if the contract has been fully and timely performed, but
subject to the condition that final payment shall not be due until CONTRACTOR has delivered to CITY
a complete release of liens arising out the contract, or receipt releases of lien fully covering all labor,
materials and equipment for which a lien could be filed, or in the alternative a bond satisfactory to CITY
indemnifying him against such claims.
By making payments, CITY does not waive claims including but not limited to those relating to:
a. Faulty work appearing after substantial completion has been granted;
City of Cape Canaveral/Contractor
Page 3 of 9
Bid#2015-01 Reclaimed Storage Tank
Cape Canaveral, Florida
b. Work that does not comply with the Contract Documents:
c. Outstanding claims of liens;or
d. Failure of Contractor to comply with any special guarantees required by the Contract
Documents.
13. DESIGNATION OF PROJECT MANAGER OR ARCHITECT OR LANDSCAPE ARCHITECT:
DUTIES AND AUTHORITY-The duties and authority of the CITY are as follows:
a. General Administration of Contract. The primary function of the CITY is to provide the
general administration of the contract. In performance of these duties, Lonnie Dunn or his
authorized representative is the CITY's Project Manager during the entire period of construction.
The CITY(CITY)may change the Project Manager during the term of this contract.
b. Inspections, Opinions, and Progress Reports. The CITY shall be kept familiar with the
progress and quality of the work by CONTRACTOR and may make periodic visits to the work site.
The CITY will not be responsible for the means of construction, or for the sequences, methods,
and procedures used therein,or for the CONTRACTOR's failure to perform the work in accordance
with the Contract Documents.
c. Access to Worksite for Inspections. The CITY shall be given free access to the worksite at
all times during work preparation and progress. The Project Manager is not obligated to make
exhaustive or continuous on site inspections to perform his duties of checking and reporting on
work progress, and any such inspections shall not waive CITY's claim regarding defective work by
Contractor.
d. Interpretation of Contract Documents: Decisions on Disputes. The CITY will be the initial
interpreter of the contract document requirements, and make decisions on claims and disputes
between Contractor and CITY.
e. Rejection and Stoppage of Work. The CITY shall have authority to reject work which in its
opinion does not conform to the Contract Documents, and in this connection may stop the work or
a portion thereof,when necessary.
f. Payment Certificates. The CITY will determine the amounts owing to CONTRACTOR as the
work progresses, based on CONTRACTOR's applications and CITY's inspections and
observations, and will issue certificates for progress payments and final payments in accordance
with the terms of the Contract Documents.
14. PROGRESS MEETING—CITY'S Project Manager may hold periodic progress meetings on a monthly
basis, or more frequently if required by the CITY, during the term of work entered into under this
Agreement. CONTRACTOR's Project Manager and all other appropriate personnel shall attend such
meetings as designated by the CITY'S Project Manager.
15. RESPONSIBILITIES OF CONTRACTOR - CONTRACTOR's duties and rights in connection with the
project herein are as follows:
a. Responsibility for Supervision and Construction. CONTRACTOR shall be solely
responsible for all construction under this contract, including the techniques, sequences,
procedures and means,for the coordination of all work. CONTRACTOR shall supervise and direct
the work,and give it all attention necessary for such proper supervision and direction.
City of Cape Canaveral/Contractor
Page 4 of 9
Bid#2015-01 Reclaimed Storage Tank
Cape Canaveral, Florida
b. Discipline and Employment. CONTRACTOR shall maintain at all times strict discipline
among his employees, and he agrees not to employ for work on the project any person unfit or
without sufficient skill to perform the job for which he was employed.
c. Furnishing of Labor, Materials, etc. CONTRACTOR shall provide and pay for all labor,
materials and equipment, including tools, construction equipment and machinery, utilities, including
water, transportation, and all other facilities and work necessary for the proper completion of work
on the project in accordance with the Contract Documents.
d. Payment of Taxes: Procurement of Licenses and Permits.CONTRACTOR shall secure all
licenses and permits necessary for proper completion of the work, paying the fees thereof.
CONTRACTOR warrants that it (and subcontractors or tradesmen, if authorized in the Contract
Documents) hold or will secure all trade or professional licenses required by law for
CONTRACTOR to undertake the contract work.
e. CONTRACTOR will provide written guarantee for work and materials for one(1)calendar year
after acceptance by CITY.
16. ASSIGNMENT - CONTRACTOR shall not assign or subcontract this Agreement, or any rights or any
monies due or to become due hereunder without the prior,written consent of the CITY.
a. If upon receiving written approval from CITY, any part of this Agreement is subcontracted by
CONTRACTOR, CONTRACTOR shall be fully responsible to CITY for all acts and/or omissions
performed by the subcontractor as if no subcontract had been made.
b. If CITY determines that any subcontractor is not performing in accordance with this
Agreement, CITY shall so notify CONTRACTOR who shall take immediate steps to remedy the
situation.
c. If CONTRACTOR, prior to the commencement of any Work subcontracts any part of this
Agreement by the subcontractor, CONTRACTOR shall require the subcontractor to provide CITY
and its affiliates with insurance coverage as set forth by the CITY.
17. THIRD PARTY RIGHTS-Nothing in this Agreement shall be construed to give any rights or benefits to
anyone other than CITY and CONTRACTOR.
18. PROHIBITION AGAINST CONTINGENT FEES-CONTRACTOR warrants that it has not employed or
retained any company or person, other than a bona fide employee working solely for the
CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any
person, company, corporation, individual, or firm, other than a bona fide employee working solely for
the CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement.
19. 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 party.
20. INDEMNIFICATION — For other and additional good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the CONTRACTOR shall indemnify, hold harmless and
defend the CITY, its officers, agents, officials, representatives, employees, and/or attorneys against any
and all liability, loss, cost, damages, expenses, claim or actions, of whatever type, including but not
limited to attorney's fees and suit costs, for trial and appeal, which the CITY may hereafter sustain,
incur or be required to pay, arising out of, wholly or in part, or due to any act or omission of
CONTRACTOR, its agent(s), vendors, contractors, subcontractor(s), representatives, servants or
City of Cape Canaveral/Contractor
Page 5 of 9
Bid#2015-01 Reclaimed Storage Tank
Cape Canaveral, Florida
employees in the execution, performance or non-performance or failure to adequately perform
CONTRACTOR's obligations pursuant to this Agreement.
The indemnification provided above shall obligate the indemnifying party to defend at its own expense
or to provide for such defense, at the sole 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 officers, agents, officials, representatives, employees, and/or attorneys which may result from
the services under this Agreement whether the services be performed by the indemnifying party or
anyone directly or indirectly employed or hired by them. In all events the CITY shall be permitted to
choose legal counsel of its sole choice, the fees for which shall be subject to and included with this
indemnification provided herein, as long as said fees are reasonable. This paragraph shall survive
termination of this Agreement.
21. SAFETY - CONTRACTOR shall be solely and absolutely responsible and assume all liability for the
safety and supervision of its principals, employees, contractors, and agents while performing work
provided hereunder.
22. CORPORATE REPRESENTATIONS BY CONTRACTOR - CONTRACTOR hereby represents and
warrants to the CITY the following:
a. CONTRACTOR is duly registered and licensed to do business in the State of Florida and is in
good standing under the laws of Florida, and is duly qualified and authorized to carry on the
functions and operations set forth in this Agreement.
b. The undersigned signatory for CONTRACTOR has the power, authority, and the legal right to
enter into and perform the obligations set forth in this Agreement and all applicable exhibits
thereto, and the execution, delivery, and performance hereof by CONTRACTOR has been duly
authorized by the board of directors and/or president of CONTRACTOR. In support of said
representation, CONTRACTOR agrees to provide a copy to the CITY of a corporate certificate of
good standing provided by the State of Florida prior to the execution of this Agreement.
c. CONTRACTOR is duly licensed under all local, state and federal laws to provide the work
stated in paragraph 1.0 herein. In support of said representation, CONTRACTOR agrees to
provide a copy of all said licenses to the CITY prior to the execution of this Agreement.
23. BOND-CONTRACTOR shall supply a materials, performance and payment bond(s) in form approved
by the CITY's City Attorney and in accordance with Florida law and in an amount specified in the
Contract Documents.
24. INSURANCE - During the term of this Agreement, CONTRACTOR shall be responsible for providing
the types of insurance and limits of liability as set forth below.
a. The CONTRACTOR shall maintain comprehensive general liability insurance in the minimum
amount of $2,000,000 as the combined single limit for each occurrence to protect the
CONTRACTOR from claims of property damages which may arise from any Work performed
under this Agreement whether such Work are performed by the CONTRACTOR or by anyone
directly employed by or contracting with the CONTRACTOR.
b. The CONTRACTOR shall maintain comprehensive automobile liability insurance in the
minimum amount of $1,000,000 combined single limit bodily injury and minimum $1,000,000
property damage as the combined single limit for each occurrence to protect the CONTRACTOR
from claims for damages for bodily injury, including wrongful death, as well as from claims from
property damage, which may arise from the ownership, use, or maintenance of owned and non-
owned automobiles, including rented automobiles whether such operations be by the
CONTRACTOR or by anyone directly or indirectly employed by the CONTRACTOR.
City of Cape Canaveral/Contractor
Page 6 of 9
Bid#2015-01 Reclaimed Storage Tank
Cape Canaveral, Florida
c. The CONTRACTOR shall maintain, during the life of this Agreement, adequate Workers'
Compensation Insurance in at least such amounts as are required by law and Employer's Liability
Insurance in the minimum amount of $2,000,000 for all of its employees performing Work for the
CITY pursuant to this Agreement.
Special Requirements. Current, valid insurance policies meeting the requirements herein identified
shall be maintained during the term of this Agreement.A copy of a current Certificate of Insurance shall
be provided to the CITY by CONTRACTOR upon the Effective Date of this Contract which satisfied the
insurance requirements of this paragraph 24. Renewal certificates shall be sent to the CITY 30 days
prior to any expiration date. There shall also be a 30-day advance written notification to the CITY in the
event of cancellation or modification of any stipulated insurance coverage. The CITY shall be an
additional named insured on all stipulated insurance policies as its interest may appear, from
time to time,excluding worker's compensation and professional liability policies.
Independent Associates and Consultants. All independent contractors or agents employed by
CONTRACTOR to perform any Work hereunder shall fully comply with the insurance provisions
contained in paragraph 24.
25. MEDIATION/VENUE - The parties agree that should any dispute arise between them regarding the
terms or performance of this Agreement, both parties will participate in mediation. The parties agree to
equally share the cost of the mediator. Should the parties fail to resolve their differences through
mediation, then any cause of action filed hereunder shall be filed in the Circuit or County Court for
Brevard County, Florida.
26. GOVERNING LAW & 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.
27. ATTORNEY'S FEES - Should either party bring an action to enforce any of the terms of this
Agreement, the prevailing party shall be entitled, to the extent permitted by law, to recover from the
non-prevailing party the costs and expenses of such action including, but not limited to, reasonable
attorney's fees,whether at settlement, trial or on appeal.
28. NOTICES-Any notice or approval under this Contract shall be sent, postage prepaid, to the applicable
party at the address shown on the first page of this Contract.
29. WORK IS A PRIVATE UNDERTAKING -With regard to any and all Work performed hereunder, it is
specifically understood and agreed to by and between the parties hereto that the contractual
relationship between the CITY and CONTRACTOR is such that the CONTRACTOR is an independent
contractor and not an agent of the CITY. The CONTRACTOR, its contractors, partners, agents, and
their employees are independent contractors and not employees of the CITY. Nothing in this
Agreement shall be interpreted to establish any relationship other than that of an independent
contractor, between the CITY, on one hand, and the CONTRACTOR, its contractors, partners,
employees,or agents, during or after the performance of the Work under this Agreement.
30. DOCUMENTS - Public 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 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
City of Cape Canaveral/Contractor
Page 7 of 9
Bid#2015-01 Reclaimed Storage Tank
Cape Canaveral, Florida
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 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.
31. 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, 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 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).
32. HEADINGS - Paragraph headings are for the convenience of the parties only and are not to be
construed as part of this Agreement.
33. INTEGRATION; MODIFICATION - The drafting, execution, and delivery of this Agreement by the
Parties has been induced by no representations, statements, warranties, or agreements other than
those expressed herein. This Agreement embodies the entire understanding of the parties, and there
are no further or other agreements or understandings, written or oral, in effect between the parties
relating to the subject matter hereof unless expressly referred to herein. Modifications of this
Agreement shall only be made in writing signed by both parties.
34. WAIVER AND ELECTION OF REMEDIES - Waiver by either party of any terms or provision of this
Agreement shall not be considered a waiver of that term, condition, or provision in the future. No
waiver, consent, or modification of any of the provisions of this Agreement shall be binding unless in
writing and signed by a duly authorized representative of each party hereto. 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.
35. DRAFTING -CITY and CONTRACTOR each represent that they have both shared equally in drafting
this Agreement and no party shall be favored or disfavored regarding the interpretation of this
Agreement in the event of a dispute between the parties.
36. NOTICE - Any notice, request, instruction, or other document to be given as part of this Agreement
shall be in writing and shall be deemed given under the following circumstances: when delivered in
person; or three (3) business days after being deposited in the United States Mail, postage prepaid,
certified or registered; or the next business day after being deposited with a recognized overnight mail
City of Cape Canaveral/Contractor
Page 8of9
Bid#2015-01 Reclaimed Storage Tank
Cape Canaveral, Florida
or courier delivery service; or when transmitted by facsimile or telecopy transmission, with receipt
acknowledged upon transmission; and addressed as follows (or to such other person or at such other
address, of which any party hereto shall have given written notice as provided herein):
For City: For Contractor:
City of Cape Canaveral
David Greene, City Manager
105 Polk Avenue
Cape Canaveral, FL 32920
Phone: 321-868-1220 Phone:
Fax: 321-868-1248 Fax:
Either party may change the notice address by providing the other party written notice of the change.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first
above written.
CONTRACTOR:
WITNESSES:
By:
Print Name: Print Name:
Title:
Print Name:
CITY:
City of Cape Canaveral, Florida,
a Florida municipal corporation.
Attest: By:
David L. Greene, City Manager
By:
Angela Apperson, City Clerk
Date
City of Cape Canaveral/Contractor
Page 9 of 9
City of Cape Canaveral
City Council Agenda Form
[city seal] City Council Meeting Date: 03/17/2015
Item No. 3
Subject: Approve the Sole-Source purchase and installation of an Aqua Guard bar/filter
screen from Parkson Corporation in the amount of $158,454 and authorize the City
Manager to execute the Contract.
Department: Public Works Services
Summary: The purpose of the bar/filter screen in the pretreatment works is to remove
larger objects in wastewater prior to the treatment process. Larger objects that "slip
through" the bar/filter screen can impede wastewater process performance and damage
treatment equipment. The existing Parkson Corporation (Parkson) bar/filter screen at
the City's wastewater treatment plant (WWTP), which was installed in 1996, is
becoming unreliable due to the wearing out of the system's mechanical "teeth" thus
resulting in larger objects entering the wastewater treatment process. Additionally,
improved bar/filter models are now available that remove smaller objects and are more
energy efficient thus improving the overall wastewater treatment process.
Public Works Services (PWS) Staff researched a number of alternatives to replace the
existing Parkson bar/filter screen. However, these alternatives require the complete
redesign of the concrete structure and shutdown of the existing pretreatment works area
for an extended period of time. Therefore, Staff is recommending the purchase of a
Parkson Aqua Guard bar/filter screen to replace the existing bar/filter screen. This
Parkson product can be inserted within the existing concrete structure and can be
installed with little system downtime.
This turnkey approach to replace the existing bar/filter screen is being recommended as
a sole source purchase from Parkson. Funds for this Project are from the City's
Wastewater Enterprise Fund. Parkson's cost estimate for the turnkey operation is
included as Attachment #1. This cost estimate also includes a further description of the
bar/filter system to be installed; only Items 1E and 2D of the cost estimate are being
purchased. A Sole-Source Letter as prepared by Parkson is included as Attachment #2.
Submitting Department Director: Jeff Ratliff Date: 03/03/15
Attachments:
#1 — Parkson Cost Estimate
#2 — Sole Source Letter
Financial Impact: $158,454 for Sole-Source purchase and installation of an Aqua
Guard bar/filter screen from Parkson Corporation to be funded by the Wastewater
Enterprise Fund. Staff time to prepare Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 3/3/15
City Council Meeting Date: 03/17/2015
Item No. 3
Page 2 of 2
The City Manager recommends that City Council take the following action:
Approve the Sole-Source purchase and installation of an Aqua Guard bar/filter screen
from Parkson Corporation in the amount of $158,454 and authorize the City Manager to
execute the Contract.
Approved by City Manager: David L. Greene Date: 3/3/15
Attachment #1
Parkson Cost Estimate
Parkson
Treating Water Right Aqua Guard MN Page 1
UltraClean
Quotation
NUMBER: B02010562 r3 DATE: February 27, 2015
TO: City of Cape Canaveral REF.: Project Name: Cape Canaveral
601 Thurm Blvd, Project Location: Cape Canaveral,
Cape Canaveral, FL 32920 FL
Attn: June Clark Original Serial#: AG-1669
Tel: 321-508-2590 Rebuild #: P02010562
Fax: 321-868-1233
E-Mail: j.clark()cityofcapecanaveral.org
Parkson Corporation proposes (Item 1) the reconditioning of your existing Aqua Guard° Continuous
Self-Cleaning Bar/Filter Screen with an Option to upgrade to an Aqua Guard.UltraCleann4 version and
(Item 2) a new Aqua WashPresse Unit; and is pleased to provide this Rebuild/Retrofit Quotation for
the following:
ITEM 1 AQUA GUARD SELF-CLEANING BAR/FILTER SCREEN
#Existing Units: 1
Unit#: AG-1669
Model: AG-MN-A
1.A Existing Equipment:
Description
Screen Width: 22.5 ft.
Solids Discharge Height: 10 ft.
(as measured from the bottom of the channel to the discharge point)
Screen Angle: 75 Q
Screen Opening: 6 mm
Application/Industry: Municipal
Materials of Construction
Elements: high impact polycarbonate alloy
Frame: 316 SS
Conveyor Chain: 316/410
Filter Element Shafts: 316 SS
Side Plate: high impact phenolic
Rev Date 1/20/14
www.parkson.com
technology@parkson.con
AF-010 Rev 4
QUOTATION NO B02010562 r3,Page 2
1.B The following parts are recommended for replacement on one(1) unit:
AG-1669 B02010562
Cape Canaveral,FL
AG-MN-A75,22.5"x 10',6mm,316ss
item Description Item Number Quantity
Screen Assembly * 1
Front Seals ** 1
Rotating UltraBrush 3815-039-103/D 1
Upper Guide Rail,AS/OH,316ss 1009815/1010085 2
Lower Guide Rail,316ss 1001678 2
Lower Guide Rail Mounting Spacer,316 1004117 4
Guide Rail Assembly,AS/OH,316ss Custom 2
Side Seal Custom 2
Discharge Pan Seal 1006020 1
Filler Plate 2
Brush Bearing 0000264 1
Rotating Front Guide Rail Bearing, Pillowblock 0000265 2
Drive Shaft Flange Bearing 0000266 1
Bushing 01 0000267 1
Bushing, Brush 0000268 1
Sprocket,Brush Driven 0000269 1
Sprocket,Brush Driver 0000270 1
Chain, Brush 0004729 1
Chain Tightner 3384-006/M 1
Nameplates&Labels 3027-087/D 1
3824-002/D 1
3824-065/D 2
Front Seal **
Front Seal Brush,3"X16-1/4 0000451 1
Front Seal Brush,2"X16-1/4 0002257 1
Screen Assembly *
Elements(10%of 2,115 total) 1000856 212
Side Plates(10%of 176 total) 1000737 18
Snap Rings(50%of 176 total) 0000034 88
Fitter Shafts 1292-042-003 88
Spacer Washers 1000740 176
Chain,316/410 1005072 176
AF-010 Rev 4
QUOTATION NO B02010562 r3,Page 3
1.0 The following parts are recommended for retrofitting to UltraClean on one(1)screen:
UltraClean TM,316ss
Upper Frame Weldment,DS 1
Upper Frame Weldment,ODS 1
Top Bracket 1
Rotating UltraBrush,316ss 3815-053-003 1
Bearing, Brush 2
Drive Mtg.Bracket Components Brush&shaft 1
Drive Mtg.Bracket,Main 1
Rear Cover,Upper,Lower and Fixed 1
Connecting Chute 1
Spray Header 2
Nozzles 3035-198/P 12
Solenoid Valve,(1',XP,SS) 1
Ball Valves 2
Pressure Gage 3444-063/4 1
Rail, Discharge 2
Reducer and 1/2HP Motor, Brush 1
Reducer,and 1/2 HP Motor Main drive 1
Sub Control Panel 1
Drive Shaft 1
Screen assembly components,for 6 Shafts 1
Hardware 1 lot
Gasket Set 1
UltraClean Installation Requirements:
(2) Spray headers will require a total of 6 gpm at 10 psi or 12 gpm at 40 psi, recommended
1.0'pipe.
Power requirements are 120/1/60 for solenoid valve and 480/3/60 for the brush motor and
local control panel.
AF-010 Rev 4
QUOTATION NO B02010562 r3,Page 4
OFFERINGS-- PURCHASE PRICE
1.D Parkson Certified Aqua Guard Rebuild On-site with OEM Parts & Technicians (Per
Unit)..............................................................................................................$42,954 USD
1. Parkson is responsible for removing unit from the channel, placing unit on a level surface
and reinstalling unit in channel.
2. Customer is responsible for thoroughly cleaning and disinfecting the unit.
3. All parts listed in [1 B]above.
4. Parts will be shipped F.O.B. Factory,freight included to jobsite.
5. Removal and reinstallation of the unit in the channel is included.
6. Work performed by Parkson authorized field technicians, who will test run equipment at
completion of rebuild.
7. Taxes excluded.
Rebuild/Start-Up Assistance- Included
Parkson will furnish one certified crew as required to rebuild unit, provide start-up and
operator training. Date of service to be scheduled upon receipt of Buyer's written request.
Additional start-up service can be purchased for $1,000 per day plus travel and living
expenses.
* 1.E Parkson Certified Aqua Guard Rebuild and UltraClean Retrofit On-site with OEM Parts .41E, *
&Technicians(Per Unit)........................................................................................$77,454 USD
1. Parkson is responsible for removing unit from channel, placing unit on a level surface
and reinstalling unit in channel.
2. Customer is responsible for thoroughly cleaning and disinfecting the unit.
3. All parts listed in[1 B]and [1C]above.
4. Parts will be shipped F.O.B.Factory,freight included to jobsite.
5. Removal and reinstallation of the unit in the channel is included.
6. Work performed by Parkson authorized field technicians, who will test run equipment at
completion of rebuild.
7. Taxes excluded.
Rebuild/Start-Up Assistance-Included
Parkson will furnish one certified crew as required to rebuild unit, provide start-up and
operator training. Date of service to be scheduled upon receipt of Buyer's written request.
Additional start-up service can be purchased for$1,000 per day plus travel and living
expenses.
AF-010 Rev 4
QUOTATION NO B02010562 r3,Page 5
SCHEDULE
X Submittal Phase: Informational package will be submitted six (6) weeks from receipt of
all requested additional information if necessary or if not necessary from the eleventh (11th)
business day following receipt of a written Purchase Order in Parkson's office.
X Parts availability: Twelve (12) weeks following receipt of acceptable written Purchase
Orde and informational package.
X Field/on-site rebuild will be accomplished within 4 weeks after parts are delivered
to customer, but in no event later than 90 days.
X Rebuild must be completed within 90 days after parts arrive on-site.
Dates are subject to confirmation upon receipt of written Purchase Order.
WARRANTY, DRAWINGS & MANUALS
Mechanical Warranty:
As defined in Section XVI on the attached Standard Conditions of Sale, Parkson offers a
one (1) year mechanical warranty for all new parts installed on the Aqua Guard screen by an
on-site certified rebuild.
Installation labor of parts or parts not ordered as part of a rebuild package have a 90 day
warranty.
Drawings and Installation, Operation and Maintenance(IO&M) Manuals:
Approval Drawings: Not required
Information Package: One (1) (Item 1.E only)
Certified Drawings: Not required
IO&M Manuals: One (1) electronic copy
AF-010 Rev 4
QUOTATION NO B02010562 r3,Page 6
ITEM 2 AQUA WASHPRESS®UNIT, Model AWP8-2
# Units: One
Model: AW P8-2
2.A Basis of Desian: (Influent Description)
Application: Screenings
Solids Capacity: 35 cubic feet/hour
2.B Equipment Description:
1. The Aqua WashPress unit will consist of a spiral, trough, support legs, wash zone,
trough flush spray, press zone,drive system and controls.
2. The unit will be designed to receive and wash screenings,then reduce the volume and
water content by means of a pressing zone.
3. The press will have an inlet capacity of 35 cu.ftihour handling wet screenings with an
approximate dry weight of not less than 8%solids.
4. The shafted spiral will be 8 inches O.D.and will have 0.63 inch thick flights.
5. The drainage trough will have 0.19 inch diameter perforations, chamfered on the
outside. It will receive free liquid from the washed solids and direct the flow to a 4 inch
O.D.drain tube.
6. The inlet hopper will be 11 inches wide by 27 inches in length in order to receive
incoming materials. The inlet hopper will have 0.19 inch diameter perforations.
7. An inlet chute will be provided. The inlet chute will have the same dimensions as the
press hopper and extend upward to the screen discharge height at a minimum angle of
60 degrees.
8. Discharge Piping:A 14 gauge,type 304L stainless steel discharge pipe will be fitted to
the press to direct screenings into a Buyer/Owner provided receptacle. Pipe supports,
if needed,will be provided.
9. The wash zone will include a spray wash system to wash organic residue from the
screenings.
10. The press will include a spray wash system to flush organic residue trapped in the
trough.
11. The unit's drive system will consist of a motor, gear reducer and drive shaft. The
motor will be 3 HP, 1800 RPM, 230/460 volt, 3 Phase, 60 Hz, 1.15 S.F., TEFC, NEMA
Design B, Class F insulation and 40°C ambient temperature rise. The gear reducer
will be AGMA II with 94% efficiency, will have 13,900 inch-pounds of torque, and a
minimum output speed of 14 rpm.
12. In addition to the drive motor,the following electrical devices will be furnished:
a. Two (2) 120 volt, single phase, 60 Hz solenoid valves for the wash zone and
flush spray washes
b. An emergency stop push button will be mounted to the support stand.
13. Main control panel furnished in a NEMA 4X type 304 stainless steel enclosure,
housing controls for the Aqua Guard Ultra Clean screen (Item 1) and Aqua Wash
Press unit (Item 2). To include programmable relay, motor starters, control
transformer, main disconnect, float switch level sensor, and all other necessary
switches, lights, and pushbuttons.
14. Anchor bolts,type 304 stainless steel.
AF-010 Rev 4
QUOTATION NO B02010562 r3,Page 7
15. All stainless steel sub-assemblies will be 2B finish.
16. No spare parts will be provided
NOTE: The chute to direct screenings from the Aqua Washpress discharge piping to a
dumpster at grade level is to be provided by other than Parkson. Existing chute to be
modified to accept the new discharge pipe coming from the AWP.
2.0 Materials of Construction:
1. Shafted spiral: High strength carbon steel, prime coated for protection during
shipment.
2. Drainage Trough: Type 304L stainless steel. Inner section is 0.11 inch thick.
Outer section is 0.13 inch thick. The cross section will be a
closed profile to maximize torsion resistance.
3. Washer Barrel: Type 304L stainless steel. Inner section is 0.25 inch thick.
Outer section is 0.13 inch thick. The cross section will be a
closed profile to maximize torsion resistance.
4. Motor, gear reducer: Manufacturer's standard finish with prime coated carbon steel
drive shaft and spiral.
5. Solenoid valve: Manufacturer's standard finish in a NEMA 4X enclosure.
6. E-stop push button: NEMA 4X polycarbonate.
7. Fasteners: Type 18-8 stainless steel.
8. All stainless steel sub-assemblies will have a standard mill finish.
OFFERINGS- PURCHASE PRICE
* 4/5 AQUA WASHPRESS°UNIT, MODEL AWP8.2 $81,000 USD *
1. Parts will be shipped F.O.B. Factory,freight included to jobsite.
2. Customer is responsible for:
(a) Install Shower water to solenoid/spray water connection as required (Sch10 PVC
material)—allowance is for connection within 20ft of Aqua Wash Press unit.
(b) Piping labor to Drain (Sch10 PVC material) — allowance is 5 ft from Aqua Wash
Press unit.
(c) All electrical work including but not limited to installation of new control panel and
connecting to new equipment.
3. Parkson is responsible for (NO CONTRACTOR'S LICENSE REQUIRED):
(a) Uncrating of Aqua Wash Press upon shipment.
(b) Installation of Aqua Wash Press as required.
(c) Supply and install 1/2"-13UNC x 5 '/z" long 304SS Anchor bolts for securing of Aqua
Wash Press to floor.
(d) Installation of Inlet Chute.
(e) Re-assemble and Test Run unit.
(f) Modification to existing discharge chute to accept the AWP discharge pipe.
4. Items mentioned in[2A] above.
5. F.O.B. Shipping Point,freight included.
6. Taxes excluded
AF-010 Rev 4
QUOTATION NO B02010562 r3,Page 8
Start-Up Assistance- Included
Parkson will furnish one factory representative for approximately 1 day during 1 trip to
provide start-up, and operator training per unit. Date of service to be scheduled upon
receipt of Buyer's written request. If start-up assistance is Not Included above then
Parkson's standard field service rates of $1,000 per day plus travel and living expenses will
apply.
SCHEDULE
X Submittal Phase: Approval drawings will be submitted six (6) weeks from receipt of all
requested additional information if necessary or if not necessary from the eleventh (11th)
business day following receipt of a written Purchase Order in Parkson's office.
X Shipment Phase: Twelve (12) weeks following receipt of final approval of all submitted
Approval Drawings in Parkson's office.
If the submittal phase is waived, the Shipment Phase will begin on receipt of all
requested additional information if necessary, or if not necessary, on the eleventh (11th)
business day following receipt of a written Purchase Order in Parkson's office.
Dates are subject to confirmation upon receipt of written Purchase Order.
WARRANTY, DRAWINGS & MANUALS
Mechanical Warranty:
Per Section XVI on the attached Standard Conditions of Sale.
Drawings and Installation, Operation and Maintenance (IOBM) Manuals:
Approval drawings: 2 prints included
Certified drawings: 2 prints included
IO&M manuals: 2 prints included
VALIDITY, PAYMENT TERMS
Validity:
X Price is valid for thirty (30) calendar days from Quotation date, for shipment of Equipment
within the timetable stated above.
Payment Terms:
X 90% net 30 days upon shipment of parts or 10% upon rebuild completion, not to exceed
90 days after shipment of parts should rebuild be delayed by other than Parkson. Payment
terms for parts only without any factory labor or field service is 100%net 30 days.
AF-010 Rev 4
QUOTATION NO B02010562 r3,Page 9
TERMS AND CONDITIONS:
Parkson's Standard Conditions of Sale, as stated on the attached, shall apply.
PATENTS:
The Equipment and/or process quoted herein may operate under one or more U.S. patents. The
Purchase Price includes a one-time royalty payment (if any), which provides the Buyer with
immunity to operate the Equipment specified in the Quotation under any applicable patents.
CLARIFICATIONS AND EXCEPTIONS:
Section :
BUYER/OWNER RESPONSIBILITY UNLESS OTHERWISE STATED:
• Upon disassembly on-site if any unforeseen parts or structural repairs are required, Parkson
Corporation will notify the customer prior to commencement of any repairs beyond original
quoted scope. The costs for these items and any time extension will be added to the scope of
work.
• High pressure wash the unit / removal of all solids. Additional charges and delays will occur if
our crew/factory has to send equipment out for cleaning and solids disposal.
• Shower water connections and water supply (if applicable).
• Controls / electrical connection and interconnecting wiring removal (including any of the
following, but not limited to: E-stop button, solenoids, motors, interlock switches; wiring and
conduit from each unit-mounted electrical device to a terminal box or control panel).
• Unloading of replacement parts and new unit.
• Readiness of the equipment before requesting [rebuild or start-up] service. Non-readiness may
result in additional charges.
• Piping connections, platforms, gratings and railings unless stated otherwise.
• Any other auxiliary equipment or service not detailed above.
• Dumpster for all old parts [on-site rebuild].
• Redirect channel flow.
• Provide clean, dry channel.
• Spare parts.
• Seismic calculations.
• Discharge chute from piping to dumpster.
• Local disconnects or junction boxes.
• Control panel supports or mounting.
• Spray wash water connection and piping.
• Drain piping.
• Gate valves, check valves, butterfly valves, Y-strainers.
• Heat tracing (if applicable).
• Screenings container.
• Lubricants.
• Concrete or channel modifications.
• Shop or field painting.
• Compatibility of equipment materials of construction with process environment.
AF-010 Rev 4
QUOTATION NO B02010562 r3,Page 10
Please return one signed copy of this quotation and Purchase Order to Parkson Corporation at the
address below. Refer to this quotation,date, and related correspondence.
Issued By: Carlos Robaina Accepted By: (Herein called the Buyer)
PARKSON CORPORATION
1401 West Cypress Creek Road, Ste. 100
Fort Lauderdale, FL 33309
[signature]
Name: Marty Unger Title:
Title: Regional Manager Date:
Phone: 954-383-1757
E-Mail: munger@parkson.com
Fax: 954-252-3775
Date: February 27,2015
Enclosures: Standard Conditions of Sale, Quotation Addendum,Clarifications and Exceptions
Local Rep: Barry Gregoire
The Mack Company
518 LeMaster Dr
Ponte Vedra Beach,FL 32082
904-553-1539
bgregoire@mackcompany-fl.com
cc: Louise Dunevant, Michael Hill
AG Aqua Guard Rebuild 1/20/14 Supersedes 01/18/13.
AF-010 Rev 4
Parkson
Treating Water Right
Quotation Addendum
As a result of dramatic cost increases in the cost of both stainless and carbon steel, please be advised
that the following provisions shall be strictly enforced pursuant to the Equipment advertised in this
Quotation:
1. The Quotation's Purchase Price shall be firm for thirty (30) calendar days unless stated
otherwise in the Quotation. Any Purchase Order issued beyond this timeframe may result in a
Purchase Price review by Parkson Corporation whereby the Purchase Price may be increased
to cover the increases in material costs. This Purchase Price review shall be at Parkson
Corporation's sole discretion.
2. For those customers that have requested a firm Purchase Price commitment in excess of thirty
(30) calendar days, Parkson has utilized an escalation clause tied to an appropriate commodity
index to determine the Purchase Price.
3. All Purchase Orders that have a delivery schedule stretching beyond six (6) months from the
time a Purchase Order is placed will be subject to price escalation tied to a proportionate
increase in total material costs as a result of either stainless or carbon steel surcharges in effect
at the time Parkson Corporation places its orders for any fabricated steel components for the
Equipment. Parkson Corporation will notify you of any changes in prices once all orders for said
components have been completed.
JCG
Effective 4/27/04
1 of 1 AF-010 Rev3
Parkson
Treating Water Right
Standard Conditions of Sale
I. GENERAL: All references to Parkson(or any derivative thereof)shall mean Parkson Corporation and all references to Buyer shat mean the customer
named in a purchase order, quotation or proposal (collectively referred to herein as "quotation"). All quotations from Parkson shall be considered
solicitations of offers and all purchase orders placed by Buyer shall be considered offers,which can only be accepted in writing by Parkson. Buyer shall
either sign Parkson's quotation,or in the alternative,issue a non-conflicting purchase order containing necessary information,such as site name,price
schedule,type and quantity of product,requested delivery date and deivery instructions. Parkson hereby objects to and rejects any and all additional or
different terms proposed by Buyer, whether contained in Buyer's request for quotation, purchase order, purchasing or shipping release forms.
Notwithstanding any terms or conditions that may be induded in Buyer's purchase order form or other communications, Parkson's acceptance is
conditional upon Buyer's assent to the terms and conditions set forth herein. It is agreed that sales are made only on the terms and conditions herein and
any other terms or conditions shall not become a part of the agreement unless expressly agreed to in writing by Parkson. Parkson's failure to object to
any terms or conditions contained in Buyer's purchase order or other communication shall not be deemed to be acceptance of such terms or conditions.
These terms and conditions shall be deemed incorporated(as though set forth in full)into any agreement entered into between Parkson and Buyer unless
otherwise noted in writing. Parkson reserves the right,without any increase in price,to modify the design and specifications of Parkson products,provided
that the modification does not adversely affect the original performance specifications as specified by Parkson or as requested by Buyer. Shipments,
deliveries and performance of work shall at all times be subject to the approval of Parkson's Credit Department. Parkson may at any time decline to make
any shipment or delivery or perform any work except upon receipt of payment Of security or upon terms and conditions satisfactory to Parkson.
II. PRICES,TERMS OF PAYMENT&TAXES: (a)PRICES: Unless expressly stated to be firm for a definite period,Parkson's offers are subject to
change without notice,and in all cases are subject to withdrawal at any time before acknowledgment by Buyer.Quoted prices are firm for only thirty(30)
days. Orders placed after thirty(30)days are subject to price increases in Parkson's sole discretion. Prices on acknowledged orders are firm for the
agreed upon deivery time.Customer requests to extend originally agreed upon delivery date(s)will be subject to price escalation.If a price is stated in the
quotation,it is based upon shipment of the quantities and quality requested by Buyer and on the basis of Parkson's internal delivery schedule at the time
of preparation of sad quotation.(b)TERMS OF PAYMENT:Payments against invoices shall be due and payable thirty(30)days from the date of delivery
to a carrier, or upon receipt of an invoice from Parkson, whichever first occurs.If in Parkson's opinion, Buyer's financial condition does not justify
continuation of production of shipment on the terms of payment specified,Parkson may,upon written notice to Buyer,cancel or suspend any outstanding
order or part thereof, unless Buyer shall promptly pay for all goods delivered or shall make advance payments to Parkson as it,at its option, shall
determine. ff Buyer delays shipment for any reason,date of readiness for shipment shad be deemed to be the date ot shipment for payment purposes.If
Buyer delays manufacture for any reason,a payment shad be made based on purchase price and percentage of completion,with the balance payable in
accordance with the terms as stated. If payments are not made in conformance with the terms stated herein,the contract price shad,without prejudice to
Parkson's right to immediate payment,be increased by 1.5% per month on the unpaid balance,not to exceed the maximum amount permitted by law.Hat
any time in Parkson's judgment Buyer may be or may become unable or unwilling to meet the terms specified herein,Parkson may require satisfactory
assurance or full Of partial payment as a condition to commencing,or continuing manufacture,or in advance of shipment. (c)TAXES:Except for the
amount,if any,of tax stated in a Parkson quotation,the prices set forth therein are exclusive of any amount for federal,state,local,excise,sales,use,
property,in-country,import,VAT or similar taxes or duties. Such prices also exclude permit,license,customs and sirwlar fees levied upon shipment of
Parkson products.
III. SHIPMENT/STORAGE: (a)SHIPMENT:The anticipated shipment date(s)set forth in the quotation is/are approximate and subject to change.
Notwithstanding other imitations set forth by Parkson,Parkson shad not be liable for any delays in shipment which are caused by events beyond the
control of Parkson induding,but not limited to,delays caused by inaccurate or incomplete data,changes or revisions in the work to be performed,tardy
approval of drawings by Buyer, acts of Buyer or Buyer's agent, Force Majeure, accidents, strikes, inability to obtain labor or materials, or delay in
transportation. Parkson shall have the right to extend the anticipated shipment date for up to ten(10)business days,for any reason,provided Parkson
shall give Buyer written notice of such delay prior to the scheduled shipping date.Buyer's order will be crated for domestic truck shipment and Parkson
assumes no responsibility for loss of,or damage to,the equipment following delivery to a carrier,who shall be deemed to be acting as agent for Buyer,
and the equipment shall thereafter be at the Buyer's sole risk. It is Parkson's policy to ship its equipment'Bill Collect,'and the carrier will mail its
invoice(s)directly to Buyer's billing address,unless otherwise agreed to in writing.(b)STORAGE:Once Buyer has been notified that its order is ready for
shipment,if Buyer requests that the order(in whole or in part)not be shipped until a later date,the equipment will be segregated from other inventory and
Buyer shall execute Parkson's Transfer of Title form evidencing transfer of title and transfer of risk of loss from Parkson to Buyer pursuant to Section IV
below. In the event that Buyer shall refuse to execute Parkson's Transfer of Title form andlor if the fabricators unable to withstand storage of the
equipment, Parkson shall have the right,at its sole discretion,to transfer the equipment to an intermediate storage faddy,all at Buyer's cost,whereby
transfer of title and risk of loss will be deemed to pass,pursuant to Section IV below,when the products are delivered to the carrier at the factory. All
costs associated with shipping the equipment to said storage facility Of from said storage facility to the job site(or any other site requested by Buyer)shall
be the responsibility of Buyer.Buyer shall reimburse Parkson upon demand for any costs incurred by Parkson in connection with said storage,including
without imitation,steps taken to protect the equipment from the elements,transport,storage facility fees,insurance,etc. My delay in shipment requested
or caused by Buyer or its agents will not affect the Terms of Payment above.
IV. TITLE&RISK OF LOSS: Parkson's prices are F.O.B. Parkson's Factory and are exclusive of taxes,shipping,handing and insurance.Title to all
equipment and risk of loss,deterioration or damage shall pass to Buyer upon delivery to a carrier,except that a security interest in the equipment or any
replacement shall remain in Parkson's name.regardless of mode of attachment to realty or other property,until the lull purchase price has been received
by Parkson.Buyer agrees to do all acts necessary to perfect and maintain said security interest,and to protect Parkson's interest by adequately insuring
the products against loss or damage from any external cause,including during any storage or transport,with Parkson named as insured or co-insured.
1 of 4 CNF-010 Rev C—February 2008
Parkson
Treating Water Right
Any claim by Buyer against Parkson for shortage or damage occurring prior to delivery must be made in writing within ten(10)calendar days after receipt
of shipment and accompanied by an original transportation bill signed by the carrier noting that carrier received goods from Parkson in the condition
claimed. Parkson shall have the right to ship all goods at one time or in portions,within the time for shipping provided in such order,unless specifically
requested in writing by the Buyer that these shipments be made in total.Any shipments returned to Parkson as a result of Buyer's unexcused delay or
failure to accept delivery will require Buyer to pay all additional costs incurred by Parkson,including any storage costs as set forth in Section III above.
V. ERECTION: Unless otherwise agreed in writing,products are assembled,installed and/or erected by and at the full expense of Buyer.
VL CANCELLATION&BREACH: Buyer agrees that Parkson products we specially manufactured goods that are not suitable for sale to others in the
ordinary course of business. Therefore,purchase orders placed with Parkson cannot be canceled without recourse,nor shipments of goods made up,or
in process, be deferred beyond the original shipment dates specified, except with Parkson's written consent and upon terms which shall indemnify
Parkson against all loss. In the event of cancellation or the substantial breach of the agreement between Buyer and Parkson,including without limitation,
fatting to make payment when due, Buyer agrees that Parkson will suffer serious and substantial damage which will be difficult if not impossible,to
measure, both at the time of entering the agreement and as of the time of such cancellation or breach. Therefore,the parties agree that upon such
cancellation or breach,the Buyer shall pay to Parkson the sums set forth below which Parkson and Buyer do hereby agree shall constitute agreed and
liquidated damages in such event
a If cancellation or breach shall occur after the acceptance of the purchase order but prior to mailing of general arrangement drawings by
Parkson to Buyer,liquidated damages shalt be 10%of the selling price.
b. If cancellation or breach shall occur within thirty(30)days from the mailing of general arrangement drawings by Parkson to Buyer,the
liquidated damages shall be 30%of the selling price.
c. If the cancellation or breads occurs after thirty(30)days from the mailing of general arrangement drawings by Parkson to Buyer,but prior
to notification that the order is ready for shipment,the liquidated damages shall be the total of 30%of the selling price plus the expenses
incurred,cost of material, and reasonable value of the work expended to fill the respective order by Parkson's engineers and other
employees, agents and representatives after the mailing of general arrangement drawings by Parkson to Buyer. All sums will be
determined at the sole reasonable discretion of Parkson provided,however,that the total liquidated damages under this provision shall
not exceed the total selling price.
d. If cancellation or breach shall occur after Parkson has notified Buyer that the order is ready for shipment,then the liquidated damages
shall be the total selling price.
VII. DRAWINGS&SPECIFICATIONS: In the event that drawings are sent to Buyer for approval after an order is placed,the drawings must be returned
marked"Approved"or"Approved As Noted"within twenty(20)calendar days after receipt unless otherwise noted. In the event that Buyer's written
comments are riot given within the twenty(20)day period,Parkson shall deem the items approved.
VII. CORRECTIVE WORK&"BACK CHARGES". In no event shall any work be done,or services or material be purchased or expense otherwise
incurred by the Buyer for the account of Parkson until after full and complete particulars(induding an estimate of material cost)have been submitted in
writing and approved in writing by Parkson. Parkson must be given the opportunity to discuss and research alternative methods to lower the costs
involved in such corrective work. Unless agreed-upon in writing by Parkson,Parkson will not be fable for labor costs,overhead,administrative costs,
interest or any other consequential or indirect costs Buyer incurs. Returned items will not be accepted unless Parkson has previously agreed to such
return in writing and supplied written return-shipping instructions to Buyer.
IX. SELECTION OF MATERIALS: Because all Parkson products are specially manufactured products, the material make-up of many of Parkson's
products varies from project to project The determination of the materials'suitability and adaptability(including without limitation,paints and/or coatings)
to the specific needs of the Buyer is solely the Buyer's choice and responsibility.
X. CONFIDENTIAL INFORMATION&IMPROVEMENTS: The design, construction, application and operation of Parkson's products, services and
relevant documentation embody proprietary and confidential information; therefore, Buyer will maintain this information in strict confidence, will not
disclose it to others,and will only use this information in connection with the use of the products or to facilitate the provision of services sold by Parkson.
Buyer will not copy or reproduce any written or printed materials or drawings furnished to Buyer by Parkson. Buyer agrees to immediately return all
confidential material to Parkson if requested in writing by Parkson. Buyer will not copy any information provided by Parkson or make any design drawings
of Parkson's equipment and will not permit others to copy or make any design drawings of the equipment Parkson shall have a royalty-free license to
make,use and sell,any changes or improvements in the products invented or suggested by Buyer or its employees. Buyer acknowledges that a remedy
at law for any breach or attempted breach of this Section will result in a harm to Parkson for which monetary damages alone will not be adequate. Buyer
covenants and agrees that neither it nor any of its affiliates will oppose any demand for specific performance and injunctive and other equitable relief in
case of any such breach or attempted breach. Notwithstanding anything to the contrary herein,Parkson may seek enforcement of any breach of this
Section without the necessity of complying with the provisions regarding resolution of disputes herein.
XI. FIELD SERVICE: Field Service included in the quotation will only be scheduled upon written request and may be subject to credit approval.Should
the Buyer have outstanding balances due Parkson,no start-up / field service will be scheduled until such payments are received by Parkson.The Buyer
assumes all responsibility for the readiness of the system when it requests start-up service.Should Parkson's Field Service Engineer arrive at the jobsite
and determine that the system cannot be started up within a reasonable time,Parkson shall have the option to bring the Field Service Engineer home and
bill the Buyer for time, travel and living expenses. Additional field service is available from Parkson at the prevailing per-diem rate at the time of the
2 of 4 CNF-010 Rev C—February 2008
Parkson
Treating Water Right
request for service plus all travel and living expenses,portal-to-portal.A purchase order or change order will be required prior to scheduling this additional
service.
XII. LIMITATION OF LIABILITY: Unless expressly agreed to in writing by Parkson, all damages not direct and actual in nature, including without
limitation,consequential,incidental,indirect,exemplary and punitive damages,shall be expressly prohibited damages. Such prohibited damages include,
but are not limited to,lost rent a revenue;rental payments;costs(increased a not)of administration or supervision;costs or delays suffered by others
unable to commence work or provide services as previously scheduled for which a party to this contract may be liable;increased costs of borrowing funds
devoted to the project(including interest);delays in selling all or part of the project upon completion;damages caused by reason of Force Majeure a acts
of God(with the broadest statutory or court of law definition possible);termination of agreements to lease or buy all or part of the project,whether or not
suffered before completion of services a work;forfeited bonds,deposits,or other monetary costs a penalties due to delay of the project;interest for any
reason assessed to Buyer;increased taxes (federal,state, local,or international)due to delay a recharaderization of the project;lost tax credits a
deductions due to delay;impairment of security;attorney and.other legal fees for any reason assessed to Buyer, loss of use of the Equipment or any
associated Equipment,costs of substitute Equipment,facilities or services,down time costs,dains of customers of Buyer for such other damages;or any
other indirect loss arising from the conduct of the parties. Parkson only agrees to responsibility for damages from proven negligent and willful acts of its
direct employees only.
XIII. APPLICABLE LAWS&GOVERNING LAW: To the best of Parkson's knowledge, Parkson products comply with most laws, regulations and
industrial practices; however, Parkson does not accept responsibility for any state,city or other local law not specifically brought to Parkson's attention.
For OSHA compiance,(1)Parkson is only idle for those OSHA standards that are in effect as of the date of the quotation,and to the extent they are
applicable to the performance of Parkson. (2)Parkson is only responsible for the physical characteristics of the product(s)and not for the circumstances
of the use of the product(s). (3)Parkson's liability through any noncompliance to OSHA shall be limited to the cast of modifying the product(s)or replacing
the non-complying product(s)or component(s)after receipt of prompt written notice of noncompliance. The rights and obligations of Buyer and Parkson
shall be governed by and interpreted in accordance with the substantive laws of the state of Florida including the uniform commercial code of Florida,
excluding conflicts of law and choice of law principles.
XIV. DISPUTE RESOLUTION: Any issue,difference,claim or dispute("Action")that may arise out of or in connection with the project referenced in the
quotation,including these terms and conditions,shall be first resolved by negotiation at the highest executive levels between the Buyer and Parkson.If
said negotiation is unsuccessful, any said Action or any transactions contemplated hereby or in the Quotation shall be finally settled under BINDING
ARBITRATION in Broward County, Florida.Any such arbitration shall be governed by the Commercial Arbitration Rules of the American Arbitration
Association and shall be overseen by one(1)single arbitrator. Buyer and Parkson shall agree upon a single arbitrator or,if Buyer and Parkson cannot
agree upon an arbitrator within thirty(30)days, then the Buyer and Parkson agree that the American Arbitration Association shall appoint a single
arbitrator.In the event that an Action is brought,the prevailing party shall be entitled to be reimbursed for,and/or have judgment entered with respect to,
all of its costs and expenses,inducing reasonable attorney's fees'and legal expenses.The award of the arbitrator shall be binding and may be entered as
a judgment in any court of competent jurisdiction.
XV. PATENTS: Parkson shall indemnify Buyer against any judgment for damages and costs which may be rendered against Buyer in a suit brought on
account of the alleged infringement of any United States patent by any product supplied by Parkson,unless(a)the alleged infringement occurs as a result
of any alteration or modification to the product or the use of the product in combination with the products or services of any party other than Parkson,or(b)
the product was made in accordance with materials,designs or specifications furnished or designated by Buyer,in which case Buyer shall indemnify
Parkson against any judgment for damages and costs which may be rendered against Parkson in any suit brought on account of the alleged infringement
of any United States patent by such product or by such materials,designs or specifications;provided that prompt written notice be given to the party from
whom indemnity is sought of the bringing of the suit and an opportunity be given to such party to settle or defend it as that party may see fit and that every
reasonable assistance in settling a defending it shall be rendered. Parkson shall in no event be liable to Buyer for special, indirect, incidental or
consequential damages arising out of allegation of patent infringement.
XVI. MECHANICAL WARRANTY: For a period of one(1)year following the Equipment shipment date("Warranty Period"),Parkson's Equipment is
limitedly warranted to be free from defective material and workmanship,under normal use and service and when installed,operated and maintained in
accordance with installation instructions, this policy and maintenance/operating procedures. To make claim under this Warranty, Buyer must notify
Parkson within ten (10)business days after the date of discovery of any nonconformity and make the affected Equipment immediately available for
inspection by Parkson or its service representative.Parkson Equipment may be deemed nonconforming only by an authorized Parkson representative.
Returns will not be accepted unless Parkson has authorized said return in writing.If Parkson's inspection indicates nonconforming materials and/or
workmanship, the Equipment will, at Parkson's option, either be repaired or replaced without charge. Upon receipt of Parkson's written consent
Equipment may be promptly returned to Parkson,F.O.B.its factory.However,under certain circumstances,Parkson may decide,in its sole discretion,to
repair or replace the Equipment at the Project site.Buyer hereby agrees to provide Parkson,its employees and/or representatives,free of charge,on-site
access lo the Project site,and any necessary utilities and plant personnel needed by Parkson for the purpose of repairing and/or replacing nonconforming
Equipment per this Warranty.
The following will void this Warranty:
(A) Equipment is used for purposes other then those for which it was designed;
(B) Equipment is not used in accordance with generally approved practices;
(C) Disasters,whether natural or manmade,such as fire,flood,wind,earthquake,cave-in,lightning,war,or vandalism;
3 of 4 CNF-010 Rev C—February 2008
Parkson
Treating Water Right
(D) Unauthorized alterations to or modifications of the Equipment not approved by Parkson,m writing;
(E) Abuse,neglect or misuse of Equipment,including without imitation,operation of Equipment after a defect is discovered;
(F) Operation of Equipment by persons not properly trained for that purpose;
(G) Failure to operate the Equipment in accordance with Parkson's specifications,O&M manuals or other written guideines;and/or
(H) Failure to perform regular cleaning,inspection,adjustment and/or preventative maintenance.
BE ADVISED: Parkson is not liable for any corrective work or expenditure that has not been authorized by Parkson in writing prior to the commencement
of such work and prior to committing to such expenditures.Inspection service calls,requested by Buyer,where no evidence of nonconforming materials
and/or workmanship is found,will be invoiced to the Buyer at Parkson's current per diem,plus all travel and living expenses.Onsite labor and freight are
not covered by this Warranty.This Warranty does not cover normal wear and tear.Following a Warranty claim,verification of proper operation and
maintenance is required.Physical damage due to external forces and/or accident is not covered by this Warranty.The effects of corrosion and
unforeseeable influent characteristics are exduded from this Warranty. Actions by 3rd parties in causing nonconformity of the Equipment are not covered
under this Warranty.
THE FOREGOING LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER GUARANTEES AND
WARRANTIES OF ANY KIND WHATSOEVER, WRITTEN, ORAL OR IMPLIED; ALL OTHER WARRANTIES
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY AND/OR FITNESS FOR A
PARTICULAR PURPOSE,ARE HEREBY DISCLAIMED.
XVII. INDEMNIFICATION:Buyer shall comply and require its employees to comply with all instructions given by Parkson regarding installation,use and
maintenance of the Equipment sold by Parkson and shall require its employees to use reasonable care and al safety devices in the operation and
maintenance of said Equipment. Buyer shall not remove or permit removal or modification of any safety device, warning sign or label. Buyer shall
immediately give Parkson written notice of any personal injury or property damage arising out of the use of the Equipment and cooperate with Parkson in
investigating any such accident or malfunction.Buyer agrees to indemnify and hold Parkson and its suppliers harmless from any and all claims,demands,
liabilities,causes of action,suits,costs and expenses of any kind and nature(including attorney's fees)for personal injury or properly damage arising from
or in any way connected with the operations,activities or use of the Equipment sold by Parkson if Buyer fails to fulfill any of the foregoing obligations.
Buyer agrees to indemnify and hold Parkson and its suppliers harmless from any and all claims,demands,liabilities,causes of action,suits,costs and
expenses of any kind or nature(including attorney's fees)which may be asserted against Parkson and its suppliers by any person relating to any portion
of the Equipment which includes Buyer's existing equipment or equipment furnished by Buyer and to defend Parkson and its suppliers at Buyer's expense
against any suit which may be commenced relating to the foregoing.Buyer agrees to indemnify and hold Parkson and its suppliers harmless from any and
all claims,demands,liablities,causes of action,suits,costs and expenses of any kind or nature(including attorney's fees)for loss or damage to persons
or property,other than the Equipment sold hereby or Buyer's possession or use of said Equipment.
XVIII. MISCELLANEOUS: Parkson does not assume responsibility for nor warrant the performance or accuracy of Buyer's furnished design,design
criteria,or specifications.The parties agree that the foregoing terms and conditions constitute the entire terms and conditions between Buyer and Parkson
and that there we no other agreements,terms or conditions,expressed or implied,unless otherwise agreed to in writing by Parkson. The terms and
conditions herein shall supersede any terms and conditions of any other document that may apply to the transaction between the Buyer and Parkson.This
document may not be modified or superseded other than by an instrument in writing signed by both Buyer and Parkson. This document shall be binding
upon and inure to the benefit of Buyer and Parkson and their heirs,assignees,legal representatives and the project Owner for the project referenced in
the quotation. The invalidity or non-enforceability of any particular provision of this document shall not affect the other provisions hereof, and this
document shall be construed in all respects as if such invalid or unenforceable provisions were omitted.
4 of 4 CNF-010 Rev C—February 2008
Attachment #2
Sole Source Letter
1401 W. Cypress Creek Road
Fort Lauderdale,FL 33309
Parkson Phone 954-974-6610
Treating Water Right Fax 954-974-6182
Page 1
Sole Source Letter
To: June Clark Date: February 20, 2014
Company: City of Cape Canaveral, FL From: Marty Unger
Tel: 321-508-2590 Tel: 954-383-1757
Fax: 954-252-3775
Email: j.clark@cityofcapecanaveral.org Email: munger@parkson.com
#Pages: 1 Cc: Louise Dunevant
Subject: Product: Aqua Guard®Bar Screen
This document is to confirm that Parkson Corporation is the sole source provider for parts for the
subject product. Parkson Corporation is the original manufacturer/supplier of the subject product and is
the only source for replacement parts.
If I can be of further assistance or should you have any questions, please feel free to contact me.
Sincerely,
Marty Unger
Parkson Corporation
Fort Lauderdale • Chicago • Montreal • Dubai
www.parkson.com
technology@parkson.com
Rev3 AF-008
City of Cape Canaveral
City Council Agenda Form
[city seal] City Council Meeting Date: 03/17/2015
Item No. 4
Subject: Ordinance No. 04-2015; amending Chapter 62, "Solid Waste", of the Code of
Ordinances; providing for the repeal of prior inconsistent ordinances and resolutions;
incorporation into the Code; severability; and an effective date, second reading.
Department: Public Works Services
Summary: Chapter 62 of the City Code regulates solid waste/recycling activities for the
City of Cape Canaveral (City). As written, the existing Code is outdated/inconsistent
with Ordinance No. 13-2014, which was recently adopted by City Council on October
21, 2014 and revised the Solid Waste Franchise Agreement with Waste Pro of Florida,
Inc., as well as Appendix "B", Fees.
Ordinance No. 04-2015, attached herewith, adds definitions and clarification designed
to assist the public by informing them of what solid waste/recycling is and how it is
collected for the City and places certain standards for collection into the City Code.
Some of the clarified/added items are, but not limited to, the following:
• Commercial service.
• E-Waste.
• Recycling container sizes.
• Requirement of collector to retain ownership of the carts.
• Residential to include multiple dwelling units and mobile home/RV parks.
• Construction and demolition debris roll-off containers.
• Requirement of hired contractors and landscapers to haul away vegetative waste
debris produced by their activities.
• Procedures for violations.
On February 17, 2015, City Council approved this Ordinance at first reading, as written.
The Notice of Public Hearing was advertised in Florida Today on February 19, 2015.
Submitting Director: Jeff Ratliff Date: 02/18/2015
Attachment: Ordinance No. 04-2015
Financial Impact: Cost of Ordinance/Agenda item preparation, advertisement and
codification.
Reviewed by Finance Director: John DeLeo Date: 2/18/15
The City Manager recommends that City Council take the following action:
Approve Ordinance No. 04-2015, second reading.
Approved by City Manager: David L. Greene Date: 2/19/15
ORDINANCE NO. 04-2015
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
AMENDING CHAPTER 62, "SOLID WASTE", OF THE CODE OF
ORDINANCES; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
INCORPORATION INTO THE CODE; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral is granted the authority, under Section 2(b),
Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when
expressly prohibited by law; and
WHEREAS, the City Council of the City of Cape Canaveral believes the proper
management of solid waste/recycling serves the interests of ecology and economy and contributes
to the general quality of life for the residents of Cape Canaveral; and
WHEREAS, the City Council desires to amend the existing Code for consistency with
Ordinance No. 13-2014, which was recently adopted by City Council on October 21, 2014, and
which ordinance revised the Solid Waste Franchise Agreement with the City's current Solid Waste
Contractor; and
WHEREAS, the City Council of the City of Cape Canaveral, hereby finds this Ordinance
to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS
AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Amendment to Chapter 62. Chapter 62, Solid Waste, of the Code of Ordinances,
City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions
and strikeout[deleted] type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance
of text existing in Chapter 62. It is intended that the text in Chapter 62 denoted by the asterisks
and set forth in this Ordinance shall remain unchanged from the language existing prior to
adoption of this Ordinance):
City of Cape Canaveral
Ordinance No.04-2015
Page 1 of 10
Chapter 62 - SOLID WASTE
Sec. 62-1. -Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Approved container means mechanical, refuse and recycling containers
provided by the collector and acceptable to
the city.
Biohazardous Waste means 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.
Bulk Trash means 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.
Collector means any person or entity authorized by the city to collect and remove solid
waste.
Commercial Service means 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 ninety-six (96) gallon cart
service. Commercial Service is further defined as any service identified within appendix B,
Schedule of Fees, to this Code, other than Service Code SFR1, MHR2, and RCCM.
Commercial Trash means any and all accumulations of paper, rags, excelsior or other
packing materials, furniture, appliances, wood, cardboard boxes or containers, sweepings, and
City of Cape Canaveral
Ordinance No.04-2015
Page 2 of 10
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.
Construction and Demolition Debris shall have the same meaning proscribed in 62-
701.200(24), 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), Florida Statutes, yard trash and unpainted, non-treated wood scraps
from 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 project, 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.
Designated facility means a disposal processing, recovery, recycling or transfer facility
designated by the city manager, or the city manager's designee.
Duplex means and includes a detached two-family dwelling designed or intended for
occupancy by two families.
E-Waste means Electronic Waste that includes, but is not limited to, computer towers; laptop
computers; keyboards, zip and external hard drives; flat screen monitors, scanners, printers, and
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 and related
electrical hardware; power tools (plug-in and rechargeable); battery packs and chargers;
communication devices (hand held and ham radios, pagers, cell phones, cordless and wired
phones); rechargeable appliances (dust-busters, shavers, flashlights, small toys and 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.
City of Cape Canaveral
Ordinance No.04-2015
Page 3 of 10
Hazardous Waste means waste defined as hazardous waste pursuant to local, state, and
federal law.
Industrial means establishments generating solid waste accumulation of metal, metal
products, minerals, chemicals, rock, cement, asphalt, tar, oil, grease, glass, crockery, rubber,
tires, bottles, cans, lumber, sawdust, wastes from animal packing or slaughterhouses or materials
usually created by industrial enterprises.
Mechanical Container means and includes plastic or metal containers of at least two (2)
cubic yards in size, dumped mechanically by a collection vehicle and able to be serviced by
collector.
Multiple Dwelling Units means any building containing three (3) or more permanent living
units, not including motels and hotels.
Recoverable materials means metal, paper, glass, plastic, textile, or rubber materials that
have known recycling potential, can be feasibly recycled, and have been diverted and source
separated or have been removed from the solid waste stream for sale, use, or reuse as raw
materials, whether or not the materials require subsequent processing or separation from each
other, but does not include materials destined for any use that constitutes disposal. Recovered
materials as described above are not solid waste.
City of Cape Canaveral
Ordinance No.04-2015
Page 4 of 10
Recycling Container means a minimum fourteen (14) gallon recycling bin or larger cart used
by residential customers and one or more ninety-six (96) gallon recycling carts for commercial
and multiple dwelling unit customers, or other types of recycling bins approved by the City, to
store recyclable materials for collection and disposal service.
Recyclable material means newspapers (including inserts), aluminum 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 collector, 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.
Refuse Container means 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 collector. Collector shall retain ownership of the carts.
Residential means single family detached homes, duplexes, multiple dwelling units, and
mobile home/RV parks.
Residential Service means collection and disposal services provided to persons occupying
residential dwelling units, mobile homes, RV parks and multiple dwelling units not receiving
commercial service under this Agreement. Residential service is further defined as services
identified within appendix B, Schedule of Fees, to this Code, with a Service Code of: SFR1,
MHR2, and RCCM.
Roll-off Container means 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.
Solid waste means bulk trash, refuse, vegetative waste, and recyclable materials or any
combination thereof.
Special waste means solid waste that requires special handling and management by the
collector, and which is not accepted at the designated facility or other disposal facility or which
is accepted at the designated facility or other disposal facility at higher rates than are 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.
City of Cape Canaveral
Ordinance No.04-2015
Page 5 of 10
Vegetative waste means 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.
Sec. 62-2.—Reserved. Procedures for violations.
Violations of this chapter may be enforced by the code enforcement citation system pursuant to
Chapter 2, Article VI, Division 3 of this Code.
* * *
Sec. 62-5.- Schedule of fees.
(a) Owners of any residential unit or commercial building within the city shall pay solid
waste fees as established by the city council. The schedule of fees is contained in appendix B to
this Code and is subject to revision from time to time as may be necessary. All revisions shall be
* * *
Sec. 62-6.- Complaint procedure.
The collector of solid waste is obligated to promptly respond to all complaints concerning
the quality or absence of collection service. All complaints with regard to refuse and trash
collection service directed by this chapter shall be made to the city, and subsequently directed to
the collector by the city manager or the city manager's designee.
* * *
Sec. 62-8. -Containers required.
(a) All owners, residents and all occupants of any residential unit and the owner, user,
manager or occupants of any multiple-dwelling unit, or of any place or business or
commercial establishment with[in] the city are required to provide at least one container to
hold four days' accumulation of solid waste. Sunken containers are specifically prohibited.
(b) A mechanical container or containers
may be used as provided in this chapter. Such container shall be provided by the collector and
the city manager shall first determine whether or not an-incl a mechanical container shall
be provided to any owner, user, manager or occupant so requesting a mechanical
container. Multiple-dwelling units containing less than ten units may be provided
City of Cape Canaveral
Ordinance No.04-2015
Page 6 of 10
a mechanical container at the discretion of the city manager. All commercial establishments
(establishments other than professional offices or other offices) shall be required to have
mechanical containers at the discretion of the city manager.
Properties receiving residential services shall not be
permitted to use mechanical containers.
(c) It shall be the duty of the owner, manager, tenant or occupant of any multiple-dwelling
unit to furnish or see that each unit with cooking facilities of said multiple dwelling is
furnished or supplied with an individual refuse container or containers or
mechanical container or containers adequate and sufficient in size to comply with the terms of
this chapter. All such solid waste containers shall be kept tightly covered at all times except
when it is necessary to lift the cover for disposal or removal of solid waste or to deposit solid
waste therein. It shall be unlawful for any person to deposit solid waste in such amount in the
individual refuse containers or mechanical containers that will not permit the cover
thereof to be kept tightly in place
Sec. 62-9.- Residential solid waste pickup conditions.
(a) Separation of solid waste. Each individual container shall contain solid waste,
excluding yard trash, recyclable or recoverable materials.
(b) Recyclable or recoverable material. Recyclable or recoverable materials shall be
placed in recycling containers provided by the collector, except in the case of a
commercial establishment which has contracted with a properly certified recovered materials
dealer, as provided above in section 62-4 of the City Code. Only recyclable or recoverable
materials may be contained in the recycling containers. Recycling containers
shall be provided for each property receiving
residential service and shall be placed by each owner, resident or occupant at curbside in front
of such residential unit. Multiple dwelling units shall be provided recycling containers
for use by all occupants of such unit which shall be located at the discretion of the city
manager. No solid waste, other than recyclable or recoverable materials, shall be placed in a
special recycling container.
(c) Vegetative waste. Collector shall be required to provide collection and disposal
services for all vegetative waste generated from residential customers provided same are
City of Cape Canaveral
Ordinance No.04-2015
Page 7 of 10
placed in a refuse container. 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 three (3) inches in
diameter making up not more than one cubic yard shall be placed in the cart. Tree limbs, tree
trunksspalm fronds, etc., shall be cut in lengths of no greater than four (4) feet in length; shall
be no larger than six (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 '/2 Claw Truck fee per pickup for less than ten (10)
yards or full Claw Truck fee per pickup for more than ten (10) yards. Hired contractors and
landscapers must haul away any vegetation debris they produce. Customers will be
responsible for associated fees set forth in appendix B, Schedule of Fees, to this Code.
(d) Solid waste. Solid waste other than yard trash and recyclable or recoverable materials
shall be placed in individual containers. Each individual refuse container shall not exceed fifty
(50) pounds of solid waste. Any item of solid waste shall not exceed the measurement of four
(4) feet in any direction. Containers for solid waste shall be provided by the collector.
Recyclable materials and yard trash shall not be
commingled with other solid waste.
(e) Pickup. Each owner, resident and occupant of property receiving residential service shall place individual refuse containers and
recycling containers within five (5) feet of curbside in front of such residential unit.
Solid waste shall be removed by the collector according to schedules that the city from time to
time shall publish.
(0 Location of solid waste containers. Solid waste containers shall not be located in such
places or under such conditions as to cause unnecessary or unreasonable offense to sightliness,
cleanliness, safety or other sanitary conditions. Solid waste containers shall not be kept upon
neighboring property, whether such neighboring property be vacant or improved, without the
written consent of the person having the right to possession and use of the neighboring
property. No solid waste container shall be placed on any city right-of-way, except for
immediate pickup, unless authorized in writing by the city manager in advance.
Mechanical containers shall not be placed in such manner as to hinder the closing of container
lids.
(g) Bulk trash. Collector will provide collection and disposal services for all bulk trash
generated from residential customers regardless of whether it is containerized.
(h) E-waste. Collector will collect and dispose of electronic waste placed curbside.
City of Cape Canaveral
Ordinance No.04-2015
Page 8 of 10
Sec. 62-11.- Unlawful acts.
(a) Obstruction. It shall be unlawful for any person to park a motor vehicle in such a way
that the collector cannot service mechanical containers or otherwise to block access
to such containers.
(b) Container of another. It shall be unlawful for a person to place solid waste in a
container assigned to another address, without written permission of the owner.
(c) Burning or buying of solid waste. It shall be unlawful for any person to bury solid
waste within the city. No such solid waste shall be burned within the corporate limits of the
city.
(d) Unlawful accumulation. It shall be unlawful for the owner, resident, occupant or
manager or person responsible for any land or premises to permit, suffer or allow, either by
commission or omission, any accumulation of solid waste upon premises or property within
the city for a period longer than four days without having arranged for disposal of the
accumulation by the collector to perform such services and it shall be unlawful and a violation
of this chapter for any person, whether owner, resident, manager or occupant of any premises
to fail to provide a sufficient number of solid waste containers per unit as provided in this
chapter to amply provide for any four-day period of solid waste accumulation. Nothing
contained in this section shall prevent the owner or occupant, resident, manager or person
responsible for the premises to remove accumulations of solid waste on their own behalf, to a
proper place of disposal.
(e) Unlawful disposal. It shall be unlawful to dump, deposit or dispose of solid waste upon
the premises of another, or upon any street, alley, parkway or other public property, or any
canal, ditch, water, waterway, river, ocean, beach, pool, pond or the like within the city or in
the container of another, except that tenants of multiple dwellings or businesses, where
authorized, may deposit such accumulations in containers which the owner or manager of the
multiple dwelling or business building has authorized for the use of the tenants thereof.
(0 Hazardous waste. It shall be unlawful for any person to dump, deposit or dispose of
any hazardous waste in or around public/private refuse or mechanical
containers from which the collector removes solid wastes for the city.
Sec. 62-12. -Regulations on file.
(a) The fees and charges for recycling services are set forth in appendix B to this Code.
City of Cape Canaveral
Ordinance No.04-2015
Page 9of10
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph, number or letter and any heading may be changed
or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors
may be corrected and additions, alterations, and omissions, not affecting the construction or meaning
of this Ordinance and the City Code, may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a
separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 17th day of
March, 2015.
Rocky Randels, Mayor
ATTEST: For Against
John Bond
ANGELA APPERSON, Bob Hoog
City Clerk,MMC
Buzz Petsos
Rocky Randels
Betty Walsh
First Reading: February 17, 2015
Legal Ad Published: February 19, 2015
Second Reading: March 17, 2015
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.04-2W 5
Page 10 of 10
City of Cape Canaveral
City Council Agenda Form
[city seal] City Council Meeting Date: 3/17/2015
Item No. 5
Subject:
Subject: Consider Application for Reduction or Satisfaction of $77,850.00 Code
Enforcement Lien, Case No. 11-00040, 8652 N. Atlantic Avenue.
Department: Community Development
Summary: This item was originally scheduled for consideration at the City Council
Meeting of October 21, 2014; however, it was removed from the Agenda at the Property
Owner's/Applicant's request.
On September 22, 2011, the Code Enforcement Board entered an Order Imposing
Penalty against the property located at 8652 N. Atlantic Avenue in the amount of two
hundred fifty dollars ($250.00) for the first day and one hundred dollars ($100.00) per
day thereafter until the violation was corrected and full compliance was 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 at the Property and City
Hall as required by F.S. 162.12.
On August 21, 2014, Staff recommended 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 the City Council
reduce the outstanding lien to ten thousand dollars ($10,000.00).
Included are the City's actual costs for the enforcement of the Violation (Attachment #5)
and the Board Minutes (Attachment#6).
Current market value according to the Brevard County Property Appraiser is
$107,950.00 (Attachment#7).
Submitting Department Director: David Dickey Date: 3/3/2015
Attachments:
#1 - September 22, 2011 Board Order
#2 - Notice of Compliance
#3 - Current lien amount calculation
City Council Meeting Date: 3/17/2015
Item No. 5
Page
Page 2 of 2
#4 - Application for Satisfaction or Release of Code Enforcement Lien
#5 - Calculation of Staff costs
#6 - Code Enforcement Board Meeting Minutes of August 21, 2014
#7 - Brevard County Property Appraiser Property Detail
Financial Impact: Up to $67,850.00 in outstanding Code Enforcement liens; Staff time
for preparation of Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 3/3/15
The City Manager recommends that City Council take the following action:
Approve the reduction of the outstanding liens to ten thousand dollars ($10,000.00).
Approved by City Manager: David L. Greene Date: 3/5/15
Attachment#1
[city seal] CODE ENFORCEMENT BOARD
CITY OF CAPE CANAVERAL, FLORIDA
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. Mitch Needelman.CIerk
V. of Courts.Brevard Cordy
#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.
______________________________/
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 Property 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;
7510 N.Atlantic Avenue • Post Office Box 326 • Cape Canaveral,FL 32920-0326
Telephone: (321)868-1222 • Fax:(321)868-1247
www.myflorida.com/cape • email:ccapecanaveral@cfl.rr.com
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,
includina 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
[signature]
Mary Russell, Chairperson
Copies furnished to:
Linda Ward
City of Cape Canaveral, Case File
Attachment#2
[city seal] City of Cape Canaveral
Community Development Department
CODE ENFORCEMENT
NOTICE OF COMPLIANCE
November 8,2013
Linda J.Ward
5300 Washington Lane#500104
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.
Sincerely,
[signature]
Duree Alexander
Code Enforcement Officer
7510 N.Atlantic Avenue • Post Office Box 326 • Cape Canaveral,FL 32920-0326
Building& Code Enforcement:(321) 868-1222 • Planning & Development (321)868-1206• Fax & Inspection:(321)868-1247
www.cityofcapecanaveral.org • email:ccapecanaveral@cfl.rr.com
Attachment#3
Case No. 2011-00040
8652 N Atlantic Avenue, Cape Canaveral
CFN 2011177940 OR BK 6463, PG 259
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
11/6/13 6 DAYS $100.00 $600.00
TOTAL DUE $77,850.00
Attachment#4
[city seal] City of Cape Canaveral
Community & Economic Development Department
CITY OF CAPE CANAVERAL
APPLICATION FOR SATISFACTION OR RELEASE
OF CODE ENFORCEMENT LIEN
CODE ENFORCEMENT CASE# 11-00040 APPLICATION FEE:$100.00
APLICANT:Linda Ward DATE: 7-27-14
ADDRESS: 5300 Watermill Lane, #104
CITY: Titusville STATE: Fl ZIP: 32780
EMAIL: lindajward@gmail.com PHONE: 321-567-5875
NATURE OF VIOLATION(S):
ADDRESS OF SUBJECT PROPERTY: 8652 N. Atlantic Ave, Gizella Townhouse
PARCEL ID: Cape Canaveral Lot 5
DATE FINE/LIEN FILED: AMOUNT(Total):
COMPLIANCE DATE: RELIEF REQUESTED:[] SATISFACTION/ [] REDUCTION
IF REDUCTION,THE APPLICANT PROPOSES$ 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) Please see attached letter
THE REASON, IF ANY, WHY THE APPLICANT DID NOT BRING THE SUBJECT PROPERTY INTO
COMPLIANCE PRIOR TO THE ORDER OF PENABY OR FINE BEING IMPOSED AND RECORDED:
(If more space is needed add more pages) Please see attached letter
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 PENALTY OR FINE:
(If more space is needed add more pages) Please see attached letter
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@cityofcapecanaveral.org
Linda Ward | 8-1-14
APPLICANT'S SIGNATURE DATE
STATE OF Florida
COUNTY OF Brevard
BEFORE ME the undersigned authority did personally appear Linda C. Ward
who provided Florida Driver's License as identification, and who after being placed under
oath,swore or affirmed the information contained within this application is true and correct.
[notary public seal] Martha P. Mack
Notary Public
FOR STAFF USE ONLY
APPLICATION RECEIVED BY CITY ON 8/1/14
COMPLIANCE CONFIRMED ON 11/7/13
CODE ENFORCEMENT BOARD CONSIDERED REQUEST ON 8/21/14
CODE ENFORCEMENT RECOMMENDATION ATTACHED: X YES ❑ NO
ACTION OF CITY COUNCIL: ❑ APPROVE; ❑ DENY; DAPPROVE 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@cityofcapecanaveral.org
[city seal] City of Cape Canaveral
Community & Economic Development
APPLICANT PROCEDURES FOR APPLYING FOR A REQUEST
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:
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 www.cityofcapecanaveral.org. It is strongly recommended that
you be present at this hearing to represent your reotest 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: Linda Ward Date: 7-27-14
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@cityofcapecanaveral.org
Page 1 of 3
Linda Ward Re: Property at 8652 N. Atlantic Ave.
5300 Watermill lane Gizella Townhouse
Apt. 104 [illegible] 2, Cape Canaveral
Titusville, FL. 32780 [illegible] 5
(321) 567-5875
I am submitting this information in hopes
of explaining the circumstances of the lien.
2005 I have not lived in Cape Canaveral since
October, 2005. I did not become aware of the
lien until November, 2013. I also thought
someone was living in the townhouse
because a car was in thd driveway. I also
want to apology to my neighbor and the
City of Cape Canaveral for the violation. Now
I would like to give background information.
In Sept, 2005, my husband Doug Ward became
sick and was admitted to Cape Canaveral. In
trying to determine the cause of his illness a
biopsy of his lungs was done. Before a diagnosis could
be determined a code blue was called and he
lapsed into a coma. He was placed on life
support and transferred to the Mayo Clinic in Jacksonville
He was diagnosed with an uncommon autoimmune
disorder that causes inflammation of the blood
vessels (Wegener's Granulomatoris)[might be spelled wrong]. Doug
remained in ICU on life support, until October 8th
the doctors stated they had tired but was unable to
find any treatment to work, it was time to let him go.
Page 2 of 3
So I went to having a healthy husband who
had never been sick, had a physical every
year in the Air Force and at the Cape, then after
six weeks was gone. As you can tell I have not
made the best decisions since my husband died.
Also I have lost of memories during the next
months.
During the next few years I had breast cancer (in remission),
back surgery with major complications staying
2 months in the hospital and 2 months in rehab,
and a home nurse twice a week for a month.
I filed for Bankruptcy which was discharged
in July, 2008. The property in Cape Canaveral was
included in the backruptcy. I did not think I
had any ownership in the toenhouse.
I had no recieved any mail from the City of
Cape Canaveral during this time. However, I
recieved a letter from the mortgage company stating
they were starting foreclosure on the Cape Canaveral.
This is when I found out I was still the owner
of the property. The next day I went to the Clerk
of the Court and found out about the lien. I went
home and called the Code Enforcement Office.
I talked to Duree and she provided the information
about the violations. She was so helpful.
I called my daughter explain what was needed. She
came and got my bank card. The next day they
went to Cape Canaveral to see exactly what was needed.
The next day they completed the work, then I called
Page 3 of 3
Duree to let her know. She also explained
about needing to go before the Code Enforcement
and the City Council.
I am hopefuly that the lien can be satisfied
or lifted with the information I provided.
Thank you so much for your consideration
in this matter.
Sincerely,
Linda Ward
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 1hr $33.85
County Property Appraiser-Clerk of Court.
6/03/11 Site Inspection-appears to be empty-made contact
with neighbor vacant-exterior maintenance issues- 1.5hr 50.77
documented,photographed. Fuel cost 2.15 2.15
6/03/11 Correspondence emails from complainant-responded. 1hr 33.85
7/18/11 Site Inspection-verified violations -confirmed
ownership-Prepared Notice of Violation-Contacted 2hr 67.70
City of Cocoa regarding water meter. Notice mailed 7.69
certified 5.54+ Fuel cost 2.15
7/27/11 Received email-responded. 5hr 16.92
8/26/11 Certified mail returned unclaimed-Prepared documents
for posting property and City Hall-Prepared affidavit 2hr 67.70
for posting property. Posted property-photos taken. 2.15
Fuel cost 2.15
9/08/11 Prepared Order to Appear for September 22, 2011
hearing.Researched ownership. Notice mailed certified 1.5hr 50.77
5.54+Fuel cost 2.15 7.69
9/12/11 Certified mail returned unclaimed-Prepared documents
for posting property&City Hall -Prepared affidavit for 2hr 67.70
posting property. Posted property-photos taken. 2.15
Fuel cost 2.15
9/22/11 Code Enforcement Board Hearing -Time for Officer
Alexander @ 33.85 -Board Secretary @ 28.40- 1 hr 212.25
Attorney @150.00
9/22/11 Secretary prepared Board Order for Chairwomen
signature&filing lien with Brevard County Clerk of 1hr 28.40
Court.Recording cost (18.50). 18.50
9/22/11 Officer reviews Board Order. .5hr 16.92
9/26/11 Prepared Board Order for September 22,2011 hearing. 50.77
Researched ownership. Notice mailed certified 5.65 + 1.5hr 5.65
Fuel cost 2.15 2.15
10/17/11 Certified mail returned unclaimed-Prepared Board
Order documents for posting property and City Hall- 2hr 67.70
Prepared affidavit for posting property. Posted property 2.15
&City Hall -photos taken.Fuel cost 2.15
11/01/11 Site visit no change-Monitor property.Fuel cost 2.15 1hr 33.85
2.15
11/09/11 Email correspondence from neighbor-property research. 1hr 33.85
1/04/12 Site visit vehicle in driveway knocked no answer-no 1hr 33.85
change-Monitor property. Fuel cost 2.15 2.15
3/19/12 Site Visit-Monitor property.Fuel cost 2.15 1 hr 33.85
2.15
6/14/12 Site Visit-Monitor property.Fuel cost 2.15 1 hr 33.85
2.15
1
STAFF DETAILED COSTS REPORT
8652 N ATLANTIC AVENUE, CAPE CANAVERAL
CASE NO 2011-00040
8/14/12 Site Visit-Monitor property. Fuel cost 2.15 1hr 33.85
2.15
10/25/12 Site Visit-Monitor property.Fuel cost 2.15 1hr 33.85
2.15
12/14/12 Site Visit-Monitor property.Fuel cost 2.15 1hr 33.85
2.15
2/21/13 Site Visit-Monitor property.Fuel cost 2.15 1 hr 33.85
2.15
3/19/13 Site Visit-Monitor property. Fuel cost 2.15 1 hr 33.85
2.15
5/10/13 Site Visit-Monitor property. Fuel cost 2.15 1 hr 33.85
2.15
9/17/13 Site Visit-Monitor property. Fuel cost 2.15 1hr 33.85
2.15
9126/13 Received email from neighbor-provided case update- 1.5hr 50.77
site visit. Fuel cost 2.15 2.15
11/06/13 Contacted by Linda Ward regarding lien and .5hr 16.92
compliance.
11/07/13 Site visit-_property in compliance. 1 hr 33.85
11/08/13 Researched ownership-property in compliance
contacted property owner prepared compliance letter 1.5hr 50.77
mailed regular mail.
12/10/13 Received request for lien payoff and Board Order-email 1hr 33.85
sent to Joe Kovac.
7/23/14 Contacted by Linda Ward regarding lien and possible 1 hr 33.85
short sale of property-explained lien
reduction/satisfaction process -mailed information.
7/27/14 Contacted by Linda Ward regarding application- .5hr 16.92
answered questions.
8/01/14 Application submitted Secretary process payment 1hr 28.40
prepared document for Staff review.
8/06/14 Contacted Linda Ward via email with date,time, .5hr 16.92
location of Code Board Meeting regarding lien request.
8/26/14 Code Enforcement Board Hearing request for lien
reduction/satisfaction; 1 hr 271.95
Officer Alexander @ 33.85-Board Secretary @ 28.40-
Attorney @ 160.00-Building Official @ 49.70
8/27/14 Secretary-prepare memo to City Council. 1 hr 28.40
8/27/14 Code Officer-prepare documents for council agenda. 2 hr 67.70
TOTAL COSTS $1,897.88
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 Liens
(201-203-205 Jefferson Ave.)—Mustapha Khan. Prooerty 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 Staff's
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 furtherrbbusiness the meeting adjourned at 6:58 P.M.
Approved on this 18th day of September , 2014.
[signature]
Mary Rusell, Chairperson
[signature]
For: Joy Lombardi, Board Secretary
BCPAO-Property Details Attachment#7
Dana Blickley, CFA
Property Appraiser [Brevard County Property Appraiser seal] Property
Brevard County, FL Details
General Parcel Information
Parcel ID: 24-37-14-67-00000.0- Millage Code: 26G0 Exemption: Use Code: 135
0005.00
Site Address: 8652 N ATLANTIC AVE , CAPE CANAVERAL 32920 Tax ID: 2430331
Site Address is assigned by Brevard County Address Assignment for E-911 purposes and may not reflect the postal
community name.
Owner Information Abbreviated Description
Owner Name: WARD, LINDA J Plat Sub Name:
Second Name: Book/Page: GIZELLA LOT
0034/0086 TOWNHOMES 5
Mailing Address: 5300 WATERMILL LN #500104 PHASE 2
City,State,Zipcode: TITUSVILLE, FL 32780-7852
Value Summary Land Information
Roll Year: 2012 2013 2014 Acres: 0.05
Market Value Total:1 $80,430 $90,960 $107,950 Site Code: 1
Agricultural Market Value: $0 $0 $0
Assessed Value Non-School: $80,430 $88,470 $97,310
Assessed Value School: $80,430 $90,960 $107,950
Homestead Exemption:2 $0 $0 $0
Additional Homestead:2 $0 $0 $0
Other Exemptions:2 $0 $0 $0
Taxable Value Non-School:3 $80,430 $88,470 $97,310
Taxable Value School:3 $80,430 $90,960 $107,950
1: Market value is established for ad valorem purposes in accordance with s.193.011(1)and(8), Florida Statutes. This
value does not represent anticipated selling price for the property.
2: Exemptions are applicable for the year shown and may or may not be applicable if an owner change has occurred.
3: The Additional Homestead exemption does not apply when calculating taxable value for school districts pursuant to
Amendment 1.
Sale Information
Official Records Sale Deed Sale Sale Physical
Book/Page Sale Date Amount Type Screening Screening Change Vacant/Improved
Code Source Code
3233/4653 9/30/1992 $88,000 WD I
2942/2622 9/1/1988 $70,000 WD
2942/2621 9/1/1988 $100 QC
Sale screening and sale screening source codes are for assessment purposes only and have no bearing on potential
marketability of the property.
Building Information
PDC Use Year Story Frame Exterior Interior Roof Roof Floors Ceiling
# Code Built Height Code Code Code Type Material Code Code
1 135 1988 8 03, 04 03 03 01 04 03 03
Building Area Information
II I I I I I I I Basements l Attics I I I I
https://www.bcpao.us/asp/Show_parcel.asp?acct=2430331&gen=T&tax=T&bld=T&oth=T... 2/26/2015
City of Cape Canaveral
City Council Agenda Form
[city seal] City Council Meeting Date: 03/17/2015
Item No. 6
Subject: Resolution No. 2015-02; supporting the State Legislature's efforts to amend
Florida Statute Section 403.7033, to provide for local regulation and enforcement of
plastic bags under the State's proposed guidelines; alternatively, should the Statute not
be amended, the City Council requests the repeal of Florida Statute Section 403.7033,
so local governments are no longer preempted from enacting appropriate legislation
relating to the regulation of plastic bags; providing for the repeal of prior inconsistent
resolutions; severability; and an effective date.
Department: Legislative
Summary: Over the years, the City has promoted preservation of the environment.
This also supports the tourism industry, which is an important part of the City's,
County's and State's economy.
To further promote the preservation of the environment, I suggest the City encourage
the Florida Legislature to allow local regulation and enforcement of the use of plastic
bags by passing House Bill 661 (Attachment 1) and companion Senate Bill 966
(Attachment 2) or repealing Florida Statute Section 403.7033, so local governments are
no longer preempted from enacting appropriate legislation regulating the use of plastic
bags.
Plastic bags are detrimental to the environment because they do not fully degrade and
can introduce unsafe chemicals into the environment. Additionally, plastic bags pose a
danger to/potential death of marine animals through entanglement and ingestion.
Further, the expansive use of single-use plastic shopping bags creates an impediment
to the City's waste reduction and recycling goals, as well as creating unsightly litter.
Single-use plastic bags are difficult to recycle and frequently contain contaminated
material. Reusable bags are considered to be the best option to reduce waste/litter,
protect wildlife and conserve resources.
Should the Council decide not to adopt this Resolution (Attachment 3), a Resolution
endorsing the reusable cloth bags would be a win for both sides. I have several in my
car and use them at every opportunity. This helps get rid of both paper and plastic.
Submitting Council Member: John Bond Date: 3/4/2015
Attachments:
1- House Bill 661
2- Senate Bill 966
3- Resolution No. 2015-02
City Council Meeting
Date: 03/17/2015
Item No. 6
Page 2 of 2
Financial Impact: Staff time to prepare Agenda Item/Resolution. Should the Legislature
change the Florida Statue, the City could experience expenses related to local
ordinance preparation and enforcement of same.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 3/4/15
The City Manager recommends that City Council take the following action:
Discussion/consideration of Resolution No. 2015-02.
Approved by City Manager: David L. Greene Date: 3/5/15
FLORIDA HOUSE OF REPRESENTATIVES
Attachment#1
HB 661 2015
1 A bill to be entitled
2 An act relating to disposable plastic bags; creating
3 s . 403 . 70325, F. S . ; authorizing certain municipalities
4 to establish pilot programs for the regulation or ban
5 of disposable plastic bags; providing program
6 criteria; providing for expiration of the program;
7 directing participating municipalities to collect data
8 and submit reports to the municipal governing body and
9 the Department of Environmental Protection;
10 authorizing municipalities to continue such regulation
11 or ban after the program expires under certain
12 conditions; providing an effective date .
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1 . Section 407 . 70325, Florida Statutes, is created
17 to read:
18 403 . 70325 Municipal pilot program for regulation or ban of
19 disposable plastic bags .-
20 (1) Notwithstanding s . 403 . 7033, a municipality with a
21 population of fewer than 100, 000 may establish a pilot program
22 to regulate or ban disposable plastic bags . A municipality
23 establishing a pilot program shall, by December 31, 2015, enact
24 an ordinance for the regulation or ban of disposable plastic
25 bags that begins January 1, 2016, and expires June 30, 2018 .
26 Such ordinance may not include any new taxes or fees on the use
Page 1 of 3
CODING: Words stricken are deletions; words underlined are additions.
hb0661-00
FLORIDA HOUSE OF REPRESENTATIVES
HB 661 2015
27 or distribution of disposable plastic bags.
28 (2) A municipality that establishes a pilot program shall :
29 (a) Collect data pertaining to the impact of such
30 regulation or ban.
31 (b) By April 1, 2018, submit a report on the impact of
32 such regulation or ban to the governing body of the municipality
33 at a public hearing that is open to comments from the public .
34 (c) Provide a copy of the report to the department .
35 (3) A municipality may continue to regulate or ban
36 disposable plastic bags after June 30, 2018, if the municipality
37 enacts an ordinance after April 1, 2018, indicating that the
38 municipality will continue the regulation or ban of plastic
39 bags, notwithstanding s . 403 . 7033 .
40 Section 2 . Section 403 . 7033, Florida Statutes, reads:
41 403 . 7033 Departmental analysis of particular recyclable
42 materials .—The Legislature finds that prudent regulation of
43 recyclable materials is crucial to the ongoing welfare of
44 Florida' s ecology and economy. As such, the Department of
45 Environmental Protection shall undertake an analysis of the need
46 for new or different regulation of auxiliary containers,
47 wrappings, or disposable plastic bags used by consumers to carry
48 products from retail establishments . The analysis shall include
49 input from state and local government agencies, stakeholders,
50 private businesses, and citizens, and shall evaluate the
51 efficacy and necessity of both statewide and local regulation of
52 these materials . To ensure consistent and effective
Page 2 of 3
CODING: Words stricken are deletions; words underlined are additions.
hb0661-00
FLORIDA HOUSE OF REPRESENTATIVES
HB 661 2015
53 implementation, the department shall submit a report with
54 conclusions and recommendations to the Legislature no later than
55 February 1, 2010 . Until such time that the Legislature adopts
56 the recommendations of the department, no local government,
57 local governmental agency, or state government agency may enact
58 any rule, regulation, or ordinance regarding use, disposition,
59 sale, prohibition, restriction, or tax of such auxiliary
60 containers, wrappings, or disposable plastic bags .
61 Section 3 . This act shall take effect July 1, 2015 .
Page 3 of 3
CODING: Words stricken are deletions; words underlined are additions.
hb0661-00
Florida House of Representatives - HB 661 -Disposable Plastic Bags Page 1 of 2
Wednesday,March 04,2015 6
Home Bills Documents Representatives Leadership Committees Calendars Legislative Tracking Broadcasts Public Guide
Session Live r The House will be in Session today. s 4:00 PM-Upon Adjournment
Home BM HB 661
HB 661-Disposable Plastic Bags
General Bill by Richardson(CO-SPONSORS)Geller;Jacobs;Rehwinkel Vasilinda;Rodriguez,J.
Disposable Plastic Bags:Authorizes certain municipalities to establish pilot programs for regulation or ban of disposable plastic bags;directs
participating municipalities to collect data ft submit reports to municipal governing body ft DEP;authorizes municipalities to continue such
regulation or ban after the program expires under certain conditions.
Effective Date:July 1,2015
Last Event:1st Reading on Tuesday,March 03,2015 10:37 PM
Referred Committees and Committee Actions
House Referrals
- Agriculture @ Natural Resources Subcommittee
- Business @ Professions Subcommittee
- Local Government Affairs Subcommittee
- State Affairs Committee
Related Bills
Bill# Subject Relationship
SB 966 Disposable Plastic Bags Similar
Bill Text
Original Filed Version
Staff Analysis
(None Available)
Vote History
(no votes recorded)
Bill History
Event Time Member Committee
1st Reading Tuesday,March 03,2015 10:37 PM
Now in Agriculture&Natural Resources Subcommittee Wednesday,February 18,2015 6:31 PM
Agriculture & Natural Resources
Subcommittee
Referred to State Affairs Committee Wednesday,February 18,2015 6:31 PM State Affairs Committee
Referred to Local Government Affairs Subcommittee Wednesday,February 18,2015 6:31 PM Local Government Affairs
Subcommittee
Referred to Business&Professions Subcommittee Wednesday,February 18,2015 6:31 PM Business$Professions
Subcommittee
http://www.myfloridahouse.gov/SectionsBills/billsdetail.aspx?BillId=53732& 3/4/2015
Florida House of Representatives - HB 661 - Disposable Plastic Bags Page 2 of 2
Referred to Agriculture&Natural Resources Subcommittee Wednesday,February 18,2015 6:31 PM Agriculture&Natural Resources
Subcommittee
Filed Monday,February 09,2015 12:01 PM Richardson
Statutes Referenced by this Bill
403.70325
^back to top
Please visit the Pnvacy Statement and Disclaimer page of the Florida House of Representatives to see the policies and practices that apply to the information
provided through this website.
Contact Us Privacy Statement and Disclaimer Site Map Mobile View
Follow Us on Facebook Follow us on twitter
http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?Billld=53732& 3/4/2015
Florida Senate - 2015 SB 966
Attachment#2
By Senator Bullard
39-00151A-15 2015966
1 A bill to be entitled
2 An act relating to disposable plastic bags; creating
3 s . 403 . 70325, F. S . ; authorizing certain municipalities
4 to establish pilot programs for the regulation or ban
5 of disposable plastic bags; providing program
6 criteria; providing for expiration of the program;
7 directing participating municipalities to collect data
8 and submit reports to the municipal governing body and
9 the Department of Environmental Protection;
10 authorizing municipalities to continue such regulation
11 or ban after the program expires under certain
12 conditions; republishing s . 403. 7033, F. S . ; providing
13 an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1 . Section 403 . 70325, Florida Statutes, is created
18 to read:
19 403 . 70325 Municipal pilot program for regulation or ban of
20 disposable plastic bags .-
21 (1) Notwithstanding s . 403. 7033, a municipality with a
22 population of fewer than 100, 000 may establish a pilot program
23 to regulate or ban disposable plastic bags . A municipality
24 establishing a pilot program shall, by December 31, 2015, enact
25 an ordinance for the regulation or ban of disposable plastic
26 bags that begins January 1, 2016, and expires June 30, 2018 .
27 Such ordinance may not include any new taxes or fees on the use
28 or distribution of disposable plastic bags .
29 (2) A municipality that establishes a pilot program shall :
Page 1 of 3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2015 SB 966
39-00151A-15 2015966
30 (a) Collect data pertaining to the impact of such
31 regulation or ban.
32 (b) By April 1, 2018, submit a report on the impact of such
33 regulation or ban to the governing body of the municipality at a
34 public hearing that is open to comments from the public .
35 (c) Provide a copy of the report to the department.
36 (3) A municipality may continue to regulate or ban
37 disposable plastic bags after June 30, 2018, if the municipality
38 enacts an ordinance after April 1, 2018, indicating that the
39 municipality will continue the regulation or ban of plastic
40 bags, notwithstanding s . 403 . 7033 .
41 Section 2 . Section 403 . 7033, Florida Statutes, is
42 republished to read:
43 403 . 7033 Departmental analysis of particular recyclable
44 materials .—The Legislature finds that prudent regulation of
45 recyclable materials is crucial to the ongoing welfare of
46 Florida' s ecology and economy. As such, the Department of
47 Environmental Protection shall undertake an analysis of the need
48 for new or different regulation of auxiliary containers,
49 wrappings, or disposable plastic bags used by consumers to carry
50 products from retail establishments . The analysis shall include
51 input from state and local government agencies, stakeholders,
52 private businesses, and citizens, and shall evaluate the
53 efficacy and necessity of both statewide and local regulation of
54 these materials . To ensure consistent and effective
55 implementation, the department shall submit a report with
56 conclusions and recommendations to the Legislature no later than
57 February 1, 2010 . Until such time that the Legislature adopts
58 the recommendations of the department, no local government,
Page 2 of 3
CODING: Words strickcn are deletions; words underlined are additions .
Florida Senate - 2015 SB 966
39-00151A-15 2015966
59 local governmental agency, or state government agency may enact
60 any rule, regulation, or ordinance regarding use, disposition,
61 sale, prohibition, restriction, or tax of such auxiliary
62 containers, wrappings, or disposable plastic bags .
63 Section 3 . This act shall take effect upon becoming a law.
Page 3 of 3
CODING: Words strickcn are deletions; words underlined are additions .
Florida House of Representatives - SB 966 - Disposable Plastic Bags Page 1 of 2
Wednesday,March 04,2015 0
Home Bills Documents Representatives Leadership Committees Calendars Legislative Tracking Broadcasts Public Guide
Session Live The House will be in Session today. • 4:00 PM-Upon Adjournment
Home BIOS SB 966
SB 966-Disposable Plastic Bags
General Bill by Bullard
Disposable Plastic Bags:Authorizing certain municipalities to establish pilot programs for the regulation or ban of disposable plastic bags;
directing participating municipalities to collect data and submit reports to the municipal governing body and the Department of Environmental
Protection;authorizing municipalities to continue such regulation or ban after the program expires under certain conditions,etc.
Effective Date:Upon becoming a law
Last Event:03/03/15 S Introduced-SJ 98 on Tuesday,March 03,2015 7:55 AM
Referred Committees and Committee Actions
Senate Referrals
- Environmental Preservation and Conservation
- Community Affairs
- Fiscal Policy
Related Bills
Bill# Subject Relationship
HB 661 Disposable Plastic Bags Similar
Bill Text
Original Filed Version
Staff Analysis
(None Available)
Vote History
(no votes recorded)
Bill History
Event Time Member Committee
03/03/15 S Introduced-Si 98 Tuesday,March 03,2015 7:55 AM
02/26/15 S Referred to Environmental Preservation and Thursday,February 26,2015 12:42 PM Environmental Preservation and
Conservation;Community Affairs;Fiscal Policy-SJ 98 Conservation
02/17/15 S Filed Tuesday,February 17,2015 1:48 PM
Statutes Referenced by this Bill
403.70325
http://www.myfloridahouse.gov/SectionsBills/billsdetail.aspx?BillId=53907& 3/4/2015
Florida House of Representatives - SB 966 - Disposable Plastic Bags Page 2 of 2
403.7033
"back to top
Please visit the Pnvacy Statement and Disclaimer page of the Florida House of Representatives to see the policies and practices that apply to the information
provided through this website.
Contact Us Privacy Statement and Disclaimer Site Map Mobile View
Follow Us Follow us
on Facebook on twitter
http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?Billld=53907& 3/4/2015
ATTACHMENT#3
RESOLUTION NO. 2015-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, SUPPORTING THE STATE
LEGISLATURE'S EFFORTS TO AMEND FLORIDA STATUTE
SECTION 403.7033, TO PROVIDE FOR LOCAL REGULATION
AND ENFORCEMENT OF PLASTIC BAGS UNDER THE
STATE'S PROPOSED GUIDELINES; ALTERNATIVELY,
SHOULD THE STATUTE NOT BE AMENDED, THE CITY
COUNCIL REQUESTS THE REPEAL OF FLORIDA STATUTE
SECTION 403.7033, SO LOCAL GOVERNMENTS ARE NO
LONGER PREEMPTED FROM ENACTING APPROPRIATE
LEGISLATION RELATING TO THE REGULATION OF
PLASTIC BAGS; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, plastic bags are detrimental because they do not fully degrade and introduce unsafe
chemicals into the environment; and
WHEREAS,plastic bags pose a danger to/potential death of marine animals through entanglement
and ingestion; and
WHEREAS, the expansive use of single-use plastic shopping bags creates an impediment to the
City's waste reduction/recycling goals, as well as creating unsightly litter; and
WHEREAS, single-use plastic bags are difficult to recycle and frequently contain contaminated
material; and
WHEREAS, reusable bags are considered to be the best option to reduce waste/litter, protect
wildlife and conserve resources; and
WHEREAS, it is in the public interest to encourage and enable the location of a viable reusable
bag manufacturing operation in the State of Florida; and
WHEREAS,it is in the public interest for the Florida Legislature to provide statewide deregulation
of the proliferation of single-use shopping bags; and
WHEREAS,the Florida Legislature under"The Energy,Climate Change, and Economic Security
Act of 2008", enacted House Bill 7135, creating Florida Statutes Section 403.7033; and
WHEREAS, Section 403.7033 requires the Florida Department of Environmental Protection
(DEP) to perform an analysis and submit a report to the Legislature by February 1, 2010 regarding the
necessity and efficacy of both statewide and local regulation of bags used by consumers to carry products
from retail establishments; and
City of Cape Canaveral Resolution
No.2015-02
Page 1 of 3
WHEREAS, the statute also provides that until such time that the Legislature adopts the
recommendations of DEP, no local or state government may enact any regulation or tax on the use of such
retail bags; and
WHEREAS,the DEP analysis determined a need for new or different regulations of bags used by
consumers to carry products from retail establishments and recommended the implementation of new
standards prohibiting the use of plastic carryout bags,which should encourage the use of reusable bags and
be beneficial to the environment; and
WHEREAS, House Bill 661 and companion Senate Bill 966, propose an amendment to Section
403.7033 to provide legislative findings; deleting obsolete provisions; create definitions; create statewide
standards for reusable bags and recyclable paper bags for stores located within a county or municipality that
adopts ordinances pursuant to the statute; would require affected stores to charge customers a fee for each
recyclable paper bag provided; would prohibit affected stores from providing plastic carryout bags or other
types of bags;would provide for the allocation of fees collected, reporting requirements for affected stores;
and authorizing local governments to impose a penalty and create ordinances to regulate the use of carryout
bags,pursuant to the statute ; and
WHEREAS,through the proposed bills, the Legislature has indicated a legislative belief that it is
necessary and appropriate to adopt uniform statewide standards prohibiting the use of plastic carryout bags,
which authorize local governments to adopt regulations by local ordinance; and
WHEREAS,the bill is being amended and has not been enacted; and
WHEREAS, the City Council supports the efforts to amend Section 403.7033, under House Bill
661 and companion Senate Bill 966 and supports the enactment of the bills, and alternatively, requests
Section 40; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Resolution to be in the best interests of the public health,safety,and welfare of the citizens of Cape Canaveral
and the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
HEREBY RESOLVES,AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are hereby fully
incorporated herein by this reference as part of this Resolution.
Section 2. Passage of Legislation. The City Council supports the efforts to amend Section
403.7033, under House Bill 661 and companion Senate Bill 966 and supports the enactment of the bills,
and, alternatively, request that Florida Statutes Section 403.7033, be repealed, so that local governments
can enact appropriate legislation relating to the regulation of plastic bags.
Section 3. Distribution. The City Clerk is directed to distribute this Resolution to members
of the Brevard Legislative Delegation,the Florida House of Representatives,Florida Senate and the Brevard
County Board of County Commissioners.
City of Cape Canaveral Resolution
No.2015-02
Page 2 of 3
ATTACHMENT#3
Section 4. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions
adopted by the City Council, or parts of prior resolutions in conflict herewith, are hereby repealed to the
extent of the conflict.
Section 5, Severability. If any section, subsection, sentence,clause,phrase,word or provision
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a
separate, distinct and independent provision, and such holding shall not affect the validity of the remaining
portions of this Resolution.
Section 6. Effective Date.This Resolution shall become effective immediately upon adoption
by the Cape Canaveral City Council.
RESOLVED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting
assembled on this day of , 2015.
ROCKY RANDELS,Mayor
ATTEST:
For Against
ANGELA APPERSON,City Clerk John Bond
Bob Hoog
Buzz Petsos
Approved as to legal form and sufficiency for the
City of Cape Canaveral only: Rocky Randels
Betty Walsh
ANTHONY A. GARGANESE,City Attorney
City of Cape Canaveral Resolution
No.2015-02
Page 3 01-'3