HomeMy WebLinkAboutAgenda Packet 03-22-2016THE
SPACE
BETWEEN
SUN + SEA
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 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 tobe 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 22, 2016
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.
Proclamation designating March 2016 as "Irish American Heritage Month".
Interview Applicant for appointment to the Community Appearance Board (Sandra Lanham).
CONSENT AGENDA:
6:45 p.m. 6:50 p.m.
1. Approve Minutes for Regular City Council Meeting of February 16, 2016.
2. Resolution No. 2016-02; appointing a Member to the Community Appearance Board of
the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions;
severability; and an effective date. (Sandra Lanham)
3. Resolution No. 2016-03; providing for two separate divisions of land related to two
adjoining parcels of land located along Astronaut Boulevard and owned by Robert A.
Baugher, Trustee, and Kyriacos J. Lagges and Marianthi Lagges, Trustee for purposes of
adjusting property boundaries for future development purposes; providing for Unity of
Title agreements to establish new lots of record for development permit purposes;
providing for repeal of prior inconsistent resolutions, severability, and an effective date.
City of Cape Canaveral, Florida
City Council Meeting
March 22, 2016
Page 2 of 2
4. Resolution No. 2016-04; officially adopting the Fiscal Sustainability Plan Analysis &
Asset Management Plan - 2015 for the City's Wastewater Utility; providing for repeal of
prior inconsistent resolutions; severability; and an effective date.
5. Approve DEP Agreement No. LP05052 for funding of Canaveral City Park Ex-Filtration
Project and authorize the Mayor to execute same.
6. Approve the Final Plat for property located at 8899 Astronaut Boulevard — RaceTrac
Petroleum, Inc.
REPORTS:
6:50 p.m. 7:00 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 of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 3/22/2016
PRESENTATIONS/INTERVIEWS
Subject: Proclamation designating March 2016 as "Irish American Heritage Month".
Department: Legislative
Summary: The Ancient Order of Hibernians is America's oldest Irish Catholic Fraternal
Organization founded concurrently in the coal-mining region of Pennsylvania and New York
City in May 1836. Irish Floridians can look back with pride on the legacy of their Irish
forbearers who have contributed significantly to education, business, sports, literature, science,
engineering, medicine and the arts.
As has been the custom in previous years, the Order is requesting the City issue a Proclamation
declaring March as "Irish American Heritage Month" in recognition of the long history of Irish
American contributions to the State of Florida.
The Ancient Order of Hibernians, Brevard Division 2 President Francis X. Delaney and Order
Members John McClory and George Fleming are present to receive the Proclamation on behalf
of the Order.
- mo -
Submitting Council Member: Mayor Hoog Date: - iG
Attachment: Proclamation
Financial Impact: Staff time/effort to prepare item.
Reviewed by Administrative/Financial S
Services Director: John DeLeo Date: I
The City Manager recommends that City Council tak the following action:
Read the Proclamation designating March 2016 as "Irish American Heritage Month".
Approved by City Manager: David L. Greene (..0.-1-"" Date: Zb.Sl/6
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WHEREAS,by 1776,nearly 300,000 natives of Ireland had emigrated to the colonies
that would become the United States;and
WHEREAS, following the victory at Yorktown over the English, a French Major
General reported that the Congress owed its existence,and America possibly owed its preservation to
the fidelity of the Irish;and at least 8 signers of the Declaration of Independence were of Irish origin
and 18 Presidents have proudly proclaimed their Irish heritage;and
WHEREAS, on 14 June 1794 Irish born John Barry was the first naval hero of the
Revolutionary War and became Commodore of the United States Navy, and Captain John Barry
fought the last sea battle of the American Revolution off the coast of Florida and saved the United
States Treasury,and the United States Naval Academy recognized Captain Barry as founder of the
United States Navy with an entrance gate and plaza in his name in 2014;and
WHEREAS, in 1892 Irish born James Hoban and Irish immigrants assisted in the
original construction of the United States Capital;and
WHEREAS,in 1943,the Sullivan brothers made the ultimate sacrifice for democracy
and freedom in the world and later had the Destroyer USS Sullivan commissioned in their memory;
and
WHEREAS, Andrew Jackson, whose family came from County Antrim,'was
appointed the First Governor of Florida;and
WHEREAS,Irish Americans,have provided leadership in the Political,Business and
Religious areas of this country since its inception;and the Ancient Order of Hibernians,a National,
State and County organization was established to enhance Irish American Heritage and is comprised
of over 200 members throughout Florida and this community,and
NOW, THEREFORE,I,Bob Hoog,Mayor of the City of Cape Canaveral,Brevard
County,Florida,do hereby proclaim the month of March 2016,as
IRISH-AMERICAN HERITAGE MONTH
In the City of Cape Canaveral and do hereby encourage our citizens to observe the month by
participating in appropriate ceremonies and activities.
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ifr
i .-• :; City Council Agenda Form
y City Council Meeting Date: 3/22/2016
PRESENTATIONS/INTERVIEWS
Subject: Interview Applicant for appointment to the Community Appearance Board (Sandra
Lanham).
Department: Community Development
Summary: At its November 12, 2015 meeting, the Community Appearance Board interviewed
Ms. Sandra Lanham to fill a vacancy. Ms. Lanham is a homemaker and has served on Perlas
Del Mar Homeowners Association for 5 years, while serving as its President for 1 year
(Attachment 1).
Per City Code of Ordinances Sec. 2-171(c) (5), any person nominated, elected or appointed to
serve on a board or committee of the City shall complete interviews with the Board or
Committee on which the person is seeking appointment and with the City Council.
Based on Ms. Lanham's interview and her interest in the City of Cape Canaveral Community
Appearance Board, the Board recommends that she be appointed by the City Council
(Attachment 2).
Submitting Department Director: David Dickey ‘ 9 Date: (6 re%f4z_, `` 1
Attachments:
1 — S. Lanham Advisory Board Application
2—Recommendation Memo
Financial Impact: Staff time and effort to prepare this Agenda item.
Reviewed by Administrative/Financial AN
Services Director: John DeLeo Date: J
The City Manager recommends that City Counci ake the following action:
Interview Applicant Sandra Lanham.
Approved by City Manager: David L. Greene 9 1114- Date: 3 / g/4
Cape Canaveral, FL 32920 CITY OF CAPE CANAVERAL
P.O. Box 326
321-868-1222 Community Development
Memo
TO: Cape Canaveral City Council
VIA: David L. Greene, City Manager
FROM: David Dickey, Community Development Director
DATE: 2/26/2016
RE: Recommendation to the City Council—Community Appearance Board
Applicant Sandra Lanham
At the November 12,2015 Community Appearance Board meeting,the Board interviewed Sandra
Lanham to fill a current vacancy. By a vote of 5-0,the Board recommended Ms. Lanham for
appointment.
Interview 10 am
9/22/15
CITY OF CAPE CANAVERAL
APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE
Pursuant to Section 2-171,Cape Canaveral Coda
City Code requires prospective and existing board members to fill out an application. City Code also
prohibits a person from serving on a City Board or Committee if that person has been convicted of a
felony, unless their civil rights have been restored.
Please complete the following in the space provided:
A. GENERAL
1. Applicant Name: Sandra Lanham
2. Home Address: 138 Manny Ln Cape Canaveral
3. Home and Cellular Telephone: 392-3810 258-3528 both(321)
4. Occupation: Homemaker
5. Business Telephone:
6. Business Address:
7. E-Mail: slanham@cfl.rr.com
B. ELIGIBILITY
The information provided in this section is for purposes of determining whether you are eligible to
serve on a City advisory board or committee.
1. Are you duly registered to vote in Brevard County? (Y) X (N)
2. Have you been a resident of the City of Cape
Canaveral for 12 months or longer? (Y) X (N)
3a. Are you a Business owner: (Y) (N) X
3b. If yes to 3a, please list the name:
4a. Have you ever been convicted or found guilty, regardless
of adjudication, or a felony in any jurisdiction?Any plea
of nolo contendere (no contest) shall be considered a
conviction for purposes of this question. (Y) (N) X
4b. If yes to 4a, have your civil rights been restored? (Y) (N)
5a. Do you presently serve on any other City of Cape
Canaveral advisory board or committee? (Y) (N) X
5b. If yes to 5a, please list each:
Page 1 of 3
Notified
City Council
Feb. 16, 2016
w
6. City ordinance requires that all persons applying for a
City advisory board or committee must voluntarily consent
to a standard criminal background check before being S.L.
appointed to a board or committee. Do you voluntarily initials
consent to having a standard background check
performed on you by the City of Cape Canaveral? (Y) ✓ (N)
7a. Are you related to a City of Cape Canaveral Council
member by blood, adoption, or marriage? (Y) (N) ✓
7b. If yes to 7a, please provide name(s)of person(s) and relationship to you:
C. INTERESTS/EXPERIENCE
1. Briefly state your interest in serving on a City advisory board or committee:
My interest is to help Appearance Board keep our city clean, maintained and attractive as I have done with my own townhome community of Perlas Del Mar.
2. In numerical sequence (1 = most interested), please rank which advisory board or committee
on which you wish to serve:
a. Board of Adjustment*
b. Business and Economic Development Board*
c. Code Enforcement Board*
d. 1 Community Appearance Board*
e. Construction Board of Adjustment and Appeals*
f. Culture and Leisure Services Board
g. Library Board
h. Planning and Zoning Board*
i. Other:
*Members of these boards are required to complete and file with the supervisor of Elections a
Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following
the initial appointment while still a member of said board.
3. Briefly state any prior experiences in serving on any governmental board or committee;
HOA Board Member ~ 5 yrs; President for 1 yr. @ Perlas Del Mar townhome community.
4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.)
that you feel help to qualify you for membership on the desired board or committee.
Very good communicator/interpersonal skills, Objective, organized and good-natured person.
D. STATE REPORTING REQUIREMENTS
Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of
State disclosing race, gender, and physical disabilities of board and committee members. Please
check the appropriate boxes:
Page 2 of 3
RACE GENDER
African-American Male
Asian-American ✓ Female
Hispanic-American Not Known
Nature-American
✓ Caucasian DISABIUTY
Not Known Physicagy disabled
YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF
PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE
BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO
RELY ON THAT INFORMATION.
YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC
OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE
LAW' (SECTION 266.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE
APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR
SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS.
PLEASE NOTE:
• Appointment to any City board Is subject to City Council approval following a brief interview
before the City Council at a regularly scheduled meeting.
• Your application MI remain effective for one year from date of completion.
• if you should have any questions regarding the completion of this application, please corded
the City Clerk's Office at(321)868-1220 ext. 221.
Signature: Sandra B. Lanham Date: 8/25/15
Please return to: City of Cape Canaveral
Orrice of the City Clerk
105 Polk Avenue
Cape Canaveral Florida 32920
For Office Use Only:
Date application received: .9/10/15
Date
Data Appointed:
Appointedby:
Board Appointed to:
Term Expires:
Page 3 of 3
T.-/L//4
CITY COUNCIL REGULAR MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue,Cape Canaveral,Florida
TUESDAY
February 16, 2016
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:00 P.11_ '{ L>>7ciI Member Bond
led the pledge of allegiance.
ROLL CALL:
Council Members Present:
Council Member John Bond
Council Member Mike Brown
Mayor Bob Hoog
Council Member Brendan McMillin
Mayor Pro Tem Betty Walsh
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Others Present:
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City Manager David L. Greene
City Attorney Anthony Garganese
City Clerk Angela Apperson
Administrative/Financial Services Director John DeLeo
Community Development Director David Dickey
Culture and Leisure Services Director ' Gustavo Vergara
Economic Development Director Todd Morley
Human Resources Director Jane Ross
Public Works Services Director Joyce Muse
Public Works Services Deputy Director Jeff Ratliff
Brevard County Sheriff Major Paul Ring
Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham
PUBLIC PARTICIPATION:None
PRESENTATIONS / INTERVIEWS: Accept the Annual Audited Financial Statements and
Independent Auditor's Report for the Fiscal Year ended September 30, 2015 — Presentation by
Bernadette Britz-Parker, James Moore & Co.: Ms. Britz-Parker introduced Caity Walker and
Douglas Gillikin as the members of the Audit Team,who did the"heavy lifting". The City Council
received the Audit. The presentation ensued and included: the unmodified opinion, which is the
best type of opinion available;the Report on Compliance for each major State Project and Internal
Control over Compliance in Accordance with Chapter 10.550, Rules of the Auditor General; the
Report on Internal Control over Financial Reporting and on Compliance and Other Matters; the
Independent Auditors' Management Letter; Independent Accountants' Examination Report
I
City of Cape Canaveral, Florida
City Council Regular Meeting
February 16,2016
Page 2 of 4
finding the City is in compliance with Section 218.415, Florida Statutes, Local Government
Investment Policies; the Certificate of Achievement for Excellence in Financial Reporting; that
there were no new major funds established in Fiscal Year ending September 2015; that the City
exceeds the minimum recommendation to maintain unassigned/assigned fund balance of no less
than 2 months (17%)of regular general fund operating revenues or regular general fund operating
expenditures plus recurring transfers out by having 40% unassigned fund balance, which is very
important for a barrier island community; and a listing of Major initiatives started. Ms. Britz-
Parker answered questions from Council Members. Council Members thanked her/her firm for
their services and complimented City Staff for their hard work to rec • uperior audit with no
instances of noncompliance,material weaknesses or significant defi iencies.
CONSENT AGENDA:
Mayor Hoog inquired if any items are to be removed from the Consent Agenda for discussion.
Council Member Bond removed item number five and Mayor Hoog removed item number three from
the Consent Agenda.
1. Approve Minutes for Regular City Council Meen d `January 19, 2016:
2. Approve the sole-source purchase coigne, positive displacement, 50 horse-power blower
from Universal Blower Pac, Inc. for the Wastewater Treatment Plant in the amount of$30,851:
3. Approve updated Stormwater Master Plan,as prepared by Allen Engineering, Inc. and
Applied Sciences Consultillgt:4rke.:
4. Approve an Interlocal Agreement between Brevard County and City of Cape Canaveral for
the provision of a centralized addressing authority and authorize the Mayor to execute same:
5. Resolution No.2016-0. ;A altering the speed limit on North Atlantic Avenue; providing for
installation of speed eft signs`providing for repeal of prior inconsistent resolutions, severability,
and an effective date:
6. Award the bid for construction of the New Cape Canaveral City Hall to Doug Wilson
Enterprises Inc: in an amount not to exceed $4,300,000; authorize the City Manager to execute
Construction Agreement and;documents related to same:
A motion was made by Council Member McMillin, seconded by Mayor Pro Tem Walsh, to
approve items 1,2,4 and 6 from the Consent Agenda. The motion carried 5-0 with voting as
follows: Council Member Bond, For; Council Member Brown, For; Mayor Hoog, For;
Council Member McMillin, For and Mayor Pro Tem Walsh, For.
#5 Council Member Bond spoke in opposition of the speed limit reduction along North
Atlantic Ave. City Manager Greene explained the reduction is supported by the Vision Statement
(Bikeable/Walkable Community), the Complete Streets Program, previously adopted by City
Council; concerns shared with City Staff of near miss incidents and the traffic/speed study; the
City of Cape Canaveral, Florida
City Council Regular Meeting
February 16, 2016
Page 3 of 4
road is 1 mile in length, so it will not add considerable time to travel; additionally, when the N.
Atlantic Streetscape is completed, the area will continue to develop/redevelop and a reduction in
the speed limit would be advisable. Council Member comments included: a reduction in speed is
necessary because of the close proximity of people to the traffic; supporting the Vision Statement;
that the reduction may add 30 seconds to a trip; that the reduction is in line with the posted speed
limit on Ridgewood Avenue; that roadways should be designed around people to encourage
walking/biking; supportive comments received from residents for the reduction in speed limit and
that the additional roads to Port may reduce traffic along North Atlantic. Comments from the
Public: Shannon Roberts and Lyla Gilbert supported the reduction in speed limit. A motion was
made by Council Member McMillin, seconded by Mayor Pro Tem Walsh, for approval of
Resolution No. 2016-01. The motion carried 4-1 with voting as follows: Council Member
Bond,Against; Council Member Brown,For; Mayor Hoog,For; Council Member McMillin,
For and Mayor Pro Tem Walsh, For.
#3 Mayor Hoog expressed concern about Exhibit CC#17 designating an area near the
proposed City Center as a stormwater park. City Manager Greene indicated creating a stormwater
park would be financially challenging; however, with a modest increase in the stormwater rates
over time, other projects could be used to address the issues. Council Member McMillin stressed
the proposal only meets the minimum requirements and urged the City to come up with a fiscally
feasible plan to do more than the minimum. A motion was made by Council Member Bond,
seconded by Council Member Brown, to approve item 3 from the Consent Agenda. The
motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member
Brown,For; Mayor Hoog,For; Council Member McMillin,For and Mayor Pro Tem Walsh,
For.
ITEMS FOR ACTION:
7. Authorize removal of two(2) Specimen Trees located at 376 Harbor Drive with a payment
to the City's Tree Bank in an amount of$1,537.50: City Manager Greene explained the request to
remove the specimen trees and to waive the required mitigation fees. Council Member McMillin
advocated for an Ordinance revision to incentivize homeowners to allow trees to grow over the
City Streets.The incentive would require the City to keep the trees trimmed over the right-of-way
instead of making it the responsibility of the homeowner. Discussion ensued and included: the
request for removal of trees; Lila( the property has five trees in the front yard; that the property
owner wants to remove the trees without having to pay a mitigation fee; however, if the fees are
not waived the property owners will just trim the trees;that the Ordinance requirements are geared
toward individuals who cut trees without permits;the history of the trees in question and how they
prohibit the growing of grass; the desire to foster creation of a canopy of trees over the right-of-
way and to work with property owners to accomplish the same; historical events which led to the
Ordinance requirement to leave trees; recent Ordinance changes to allow removal of hazardous
trees and a comment from the public expressing the possibility of establishing a tree board to deal
with these issues.
I
City of Cape Canaveral,Florida
City Council Regular Meeting
February 16, 2016
Page 4 of 4
REPORTS:
Council Member McMillin hosted "Coffee with a Council Member" and eight individuals
attended. He indicated the next meeting will be held in the Library. He noted his attendance at the
Keep Brevard Beautiful Board Meeting where their golf tournament was discussed. He expressed
a desire to have the City be represented as an Event Sponsor at the silver level. He will pay the
sponsorship fee personally, if the City will allow use of the City Seal. Discussion ensued. A
Motion was made by Council Member Brown, seconded by Mayor Hoog, to accept Council
Member McMillin's offer to pay the sponsorship fee and allow the use of the City Seal. The
motion carried unanimously, after a roll call vote. Council Member McMillin noted his
attendance at the Space Coast Transportation Planning Organization Board Meeting and shared
information about upcoming projects. Council Member Bond asked when the International Drive
and North Atlantic Avenue Intersection alignment will happen, to which City Manager Greene
indicated he believed it was in the 2017 work program. Council Member McMillin stated the bike
path along Al A will not be straight, instead it will jog around obstacles. City Manager Greene
noted the City has been successfully working with Consultant/FDOT to get mid-block crossings
at strategic locations along AlA and continues to pursue a speed limit reduction.
Council Member Brown noted his attendance at the February 6th Sea Oats Planting and the need
for more signs to keep people off the new plantings. City Manager Greene indicated Staff will
post additional signage.
Council Member Bond welcomed former Council Member Buzz Petsos and thanked him for
continuing to organize/p in the Sea Oats Planting Project.
Mayor Pro Tern Walsh also complimented Mr. Petsos on the successful Project. Mr. Petsos gave
the credit for success to City Staff. She congratulated City Staff on the Simplified, Nimble
Accelerated Permitting (S.N.A.P.) Recertification and the successful audit.
Mayor Hoog noted his attendance at the S.N.A.P. Recertification Ceremony,the Civilian/Military
Association, the Art Show,the Memorial Ceremony for the Challenger disaster and spoke of the
passing ofMalabar's Mayor Carl Beatty. He also spoke of the changes to the City's Website.
City Manager Greene encouraged the reading of the Weekly Update to stay informed on
issues/projects.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 7:11 P.M.
Angela M. Apperson, MMC, Bob Hoog, Mayor
City Clerk
M
City of Cape Canaveral
'-‘40,;A City Council Agenda Form
City Council Meeting Date: 3/22/2016
Item No.
Subject: Resolution No. 2016-02; appointing a Member to the Community Appearance Board
of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions;
severability; and an effective date. (Sandra Lanham)
Department: Community Development
Summary: After having conducted an interview at tonight's Council Meeting of Community
Appearance Board Applicant Sandra Lanham, it is now incumbent upon the City Council to
adopt Resolution No. 2016-02 appointing Ms. Lanham to the Community Appearance Board.
The term of appointment shall be until May 1, 2019.
The appointment will begin the Member's first (3) three-year term allowed under the limits
referenced in the City Code of Ordinances Sec. 2-171 (f) Term, all Board and Committee
Members shall be appointed to serve a three-year term and may be reappointed by the City
Council for one additional three-year term.
There shall be no limit on the total number of terms a Board or Committee Member may serve,
except no person shall be appointed to more than two consecutive terms on the same board or
committee unless no other qualified applicants submit applications seeking appointment.
Notwithstanding, the City Council may appoint a Member to a term of less than three years in
order to stagger the terms of the entire board or committee. If a Member is removed or vacates
their appointment for any reason, including death, excessive absence or resignation prior to the
expiration of their term, the City Council may at its discretion appoint an individual to serve the
remaining portion of the unexpired term.
Submitting Department Director: David Dickey "'DDate: B r_ I (0
Attachment: Resolution No. 2016-02
Financial Impact: Staff time and effort to prepare this Agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date:
The City Manager recommends that City Council e the following action:
Adopt Resolution No. 2016-02.
Approved by City Manager: David L. Greene C..,' `'- Date: 31 g f A(
RESOLUTION 2016-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A
MEMBER TO THE COMMUNITY APPEARANCE BOARD OF THE
CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY; AND
AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida has by Section 22-
37, Cape Canaveral City Code, established a board known as the Community Appearance Board;
and
WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to
appoint a Member to said Board.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby
incorporated herein by this reference as a material part of this Resolution.
Section 2. Appointment to the Community Appearance Board pursuant to Section 2-
171(e) and (f) of the Cape Canaveral City Code, the City Council of the City of Cape Canaveral
hereby appoints the following individual:
Sandra Lanham shall be appointed to the Community Appearance Board for a term of three
(3) years.
Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
Section 5. Effective Date.This Resolution shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
(Signature/Adoption page follows)
City of Cape Canaveral
Resolution No.2016-02
Page 1 of 2
ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral,
Florida, assembled this 22nd day of March, 2016.
Bob Hoog, Mayor
ATTEST: Name FOR AGAINST
John Bond
Mia Goforth, Mike Brown
City Clerk
Bob Hoog
Brendan McMillin
Betty Walsh
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No.2016-02
Page 2 of 2
.
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City Council Agenda Form
Meeting Date: 03/22/2016
Item No. 3
Subject: Resolution No. 2016-03; providing for two separate divisions of land related to two
adjoining parcels of land located along Astronaut Boulevard and owned by Robert A. Baugher,
Trustee, and Kyriacos J. Lagges and Marianthi Lagges, Trustee for purposes of adjusting
property boundaries for future development permit purposes; providing for Unity of Title
agreements to establish new lots of record for development permit purposes;providing for repeal
of prior inconsistent resolutions, severability, and an effective date.
Department: Community Development
Summary: Applicant, David Menzel, is requesting approval for two separate divisions of land
for properties located on Astronaut Boulevard north of Thurm Boulevard. The subject properties
(Attachment 1) include the Portside Plaza (Lagges parcel PIN 24-37-15-00-00778.0) and the
parcel immediately south (Baugher parcel PIN 24-37-15-00-00752.0). Both parcels are zoned
C-1. According to the Brevard County Property Appraiser's website, the Lagges parcel is .85
acres in size with the Baugher parcel being .82 acres. Upon completion of the lot split, the
Lagges parcel will be .96 acres and the Baugher parcel will be .69 acres.
In June 2014,the City issued a Building Permit for limited demolition work,removal of partition
walls and associated work for creation of a"cocktail lounge waiting area"(Preacher Bar) for the
adjacent, pre-existing Kelsey's Restaurant which is located on the Lagges parcel. Together,
these two tenants have 166 seats, requiring 56 parking sites (1 space per 3 seats). There are 45
on-site parking spaces. The third tenant (Subway) on the Lagges Property has been allocated 9
spaces due to its 27 seats. As such, there is a shortfall of 20 on-site parking spaces.
Through a temporary Lease Agreement dated January 22, 2015, Lagges secured 20 off-site,
shared parking spaces to address the parking deficiency. It is a month-to-month lease and is,
therefore,considered temporary.As a result,Preacher Bar is operating without a final Certificate
of Occupancy.
To provide a permanent solution to the parking deficiency, Lagges has contracted to purchase a
portion of the adjacent Baugher Property to construct additional parking spaces. To that end, a
Lot Split application (Attachment 2) has been submitted by Lagges and Baugher to create two
new lots of record (Attachment 3). The subsequent lots will meet minimum requirements of the
City Code and are consistent with the City's Comprehensive Plan
The Code establishes four review criteria that must be met prior to receiving approval. They are:
1. Proposed Lot Split is in compliance with provisions of this article (Article II) and
applicable law.
2. Application is consistent with the City's Comprehensive Plan.
3. Application does not create any lots, tracts of land or developments that do not conform
to City Code.
4. Application provides for proper ingress/egress through a public or approved private
street or perpetual cross access easement.
The City Attorney's Office has prepared the attached Resolution which, if approved, will
authorize the Lot Split and the resulting Unity of Title in one vote. Note that Resolution No.
City Council Meeting Date: 3/22/2016
Item No.:
Page 2 of 2
2016-03 requires that the executed and recorded Unity of Title Agreements be submitted by
Lagges and Baugher to the City within 90 days of the adoptionof the Resolution, or it shall be
deemed null and void.
Submitting Director: David Dickey 9 Date: 01-
Nis
Attachments:
1 - Site Aerial
2-Lot Split Application
3 -Resolution 2016-03
Financial Impact: Staff time and effort to prepare this Agenda item.
Reviewed by Administrative/Financial 3klc)
Services Director: John DeLeo Date:
The City Manager recommends that City Council tak the following action:
Adopt Resolution No. 2016-03.
Approved by City Manager: David L. Greene V 1 Date: 3//0/i
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Attachment 2
City of Cape Canaveral
LOT SPLIT
Instruction Sheet
A pre-application meeting with Community Development Department Staff is
required prior to completion and submittal of the Lot Split application.
The lot split shall be prepared in compliance with the requirements of Chapter 98-66 of
the Code. To access the Code, visit cityofcapecanaveral.ora. Highlight City
Departments, highlight City Clerk, click on Code of Ordinances; click on Municipal Code
Corporation and this will take you to municode.com, then click on Cape Canaveral Code
of Ordinances.
Application submittal checklist
The following items must be included for there to be a complete and reviewable
submittal. If all items are not included at time of submittal, the application will not be
accepted for review.
1\ Completed Information Sheet.
2.\ Power of Attorney, if applicant is not the owner. C2 Keb
3.N Payment of application fee and escrow deposit. /j! 4 2. 12
4. �+ Copies of lot split plat completed according to Sec. 98-41. Initially submit only
six (6) copies of the lot split plat for Staff review. After Staff review and
comments have been addressed, additional copies of the revised lot split plat will
be required before proceeding to the Planning and Zoning Board.
5.\ A current Title Opinion of an attorney licensed in Florida or a certification by an
abstractor or a title company showing that record title to the land as described
and shown on the plat is in the name of the person or legal entity executing the
dedication. The Title Opinion or certification shall also show all mortgages not
satisfied, released or otherwise terminated by law, and shall be current within
180 days of submittal.
6. ' Any access easements, dedication statements, etc.
Lot Split Application 1/2015 Page 2
City of Cape Canaveral
LOT SPLIT
Information Sheet
Date of Submittal: /13*jo/c
Project name: /CELSgil s Pj 215R1A ,41251i7D1vAI- PARKINt
Project address (if not available, provide general location)
X 44 Itsiglithivr , Lvb.
tqp CAn/RyyR13J- , l= 1'DA-
Legal description: attach legal 5BE AITA614m#Arr
FLU and Zonin tipns: (, -1
Owner(s) name: t4RGE S it-A45 Abl3EKr 13A1/4141- i ' tliSrge
Owner(s) addre4?03 N..$/WA,Vf Al✓51• 2 Z,/P C. A17. iv71G A✓e.
C040A . art)PL 32 3) C& '4 6 g6 CPQ P'1. 3215/
Phone number(s): 4.07' 7e+ - 07'? 7 32.1 - 493. L'L 9
si-
Email(s): 414!1 S 44k ( JiQ o.CDIV) 13, 1/y P 2ecocoA gL44614stlaY.0041
If applicant is not owner, a completed Power of Attorney form is required.
%
Applicant name: YM 7 frE //Z1L. / /i'I DES/W fA P
Applicant address: 3/5 S y'#1 j bpj _ c/I I3l yvE5r li
.
Applicant phone number(s): ,42./#- b 63 2 t0? 37i,94,
Applicant email(s): Dpi&NZa 1- e Al ,ES 1, Av13U/Lt) , 60/11
Signature (owner or applicant): ,
Lot Split Application 1/2015 Page 3
Florida Power of Attorney
I, Robert A Baugher Trustee
Do Hereby Appoint David T.Menzel,P.E.of MAI Design Build. LLC
As my attorney-in-fact to act on my behalf for the following purpose of:
File iointly as property owners for a site plan for Kelsey Plaza identified as Tax ID No.
2430841.
This power of attorney shall take effect on Jan/13/2016, and will continue until W11/2017.
2017.
I do hereby grant my attorney in fact complete authority to act in any reasonable manner that
is necessary to execute the above mentioned powers that are granted.
I agree that any third party who is given a copy of this power of attorney may act relying on It. I
also agree that revocation of this power of attorney is effective as to a third party only upon
receipt of actual notice by the third party. I agree to indemnify the third party for any loss that
may be suffered while carrying out this power of attorney.
D 1'i Applicable Law
IlI ; �OF,I have exe.uted this Power of Attorney.
I`+ it -
i, •obe l A Baugher •usteg Date Owner Signature Date
�AZ-. --L) (��- 'o.f in L= e,1 ima, eV/ a
Wit Signa r Da SignDmonis ro(
Witness Signature Date Print Name
State of Florida
County of Brevard
Before me, the undersigned authority, duly authorized to take acknowledgements and administer oaths,
personally appeared eo oE'10-7-A fu v-lt ,personally known to me to be the person described
above, who being by me first duly sworn states that (His or Her) is the person who executed the foregoing
instrument for the reasons expressed therein.
Dated this / day of
...:_7,,,p, "�
�.42a ✓a , '-U --/
T RY PUBLIC
S#= RO
a _ SIN LOUISE CNAINBIr N
(1.K,
# MY COMMISSION 9FF053370
? ' EXPIRES November 9,2017
(407j 3110-0163 FloddlNOteTYSeNicl.c�i My Commission Expires:
Dena 'Mickley, CFA r'° `+ !`of Property
Pro rty h4FWaiagr I _)
v
Br yard County, Flo , Details
General Parcel Information
Parcel ID: 24-37-15-00- Millage Code: 26G0 Exemption: Use Code: 1000
00752.0-0000.00
Site Address: Tax ID: 2430841
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: BAUGHER, ROBERT A TRUSTEE Sub PART OF LOT 4 AS DES
Second Name: Name: IN ORB 469 PG 726
Mailing Address: 2210 S ATLANTIC AVE
City,State,Zipcode: COCOA BCH, FL 32931
Value Summary Land Information
Roll Year: 2013 2014 2015 Acres: 0.83
Market Value Total:1 $252,000 $252,000 $252,000 Site Code: 340
Agricultural Market Value: $0 $0 $0 Land Value: $252,000
Assessed Value Non- $252,000 $252,000 $252,000
School:
Assessed Value School: $252,000 $252,000 $252,000
Homestead Exemption:2 $0 $0 $0
Additional Homestead:2 $0 $0 $0
Other Exemptions:2 $0 $0 $0
Taxable Value Non-
school:3 $252,000 $252,000 $252,000
Taxable Value School:3 $252,000 $252,000 $252,000
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
Offidal Records Sale Deed Sale Sale Physical
Sale Date Screening Screening Change Vacant/Improved
Book/Page Amount Type Code Source Code
3359/4184 1/30/1994 $200,000 WO V
3024/2903 10/1/1989 $95,000, AD V
3020/2543 911/1989 $59,300 Q V
2558/0798 11/1/1984 $75,000 ILVD_ V
Sale screening and sale screening source codes are for assessment purposes only and have no bearing on potential
marketability of the property.
Data Last Updated:Friday,November 20,2015-Printed On:Wednesday,January 13,2016.
Florida Power of Attorney
I,Kyriacos J Lagges and Marianthi Lagges Trustees
Do Hereby Appoint David T. Menzel, P.E.of MAI Design Build,LLC
As my attorney-in-fact to act on my behalf for the following purpose of:
File jointly as property owners for a site plan for Kelsey Plaza identified as Tax ID No.
2430841.
This power of attorney shall take effect on Jan/13/2016, and will continue until g./11/2017.
I do hereby grant my attorney in fact complete authority to act in any reasonable manner that
is necessary to execute the above mentioned powers that are granted.
I agree that any third party who is given a copy of this power of attorney may act relying on it. I
also agree that revocation of this power of attorney is effective as to a third party only upon
receipt of actual notice by the third party. I agree to indemnify the third party for any loss that
may be suffered while carrying out this power of attorney.
Applicable Law
IN IT ESS WHEREOF,I have - - uted this Power of Attorney.
4' ► )C, r ' I jsl�Y
y��'r L_ s Date Marianthi Lagg-s Date
�= /- —/_ S . Jo,L Berl 3" rl
Alr�� nature to Print Nme
Offrirignature Dat- Print Name
State of Florida
County of Brevard
Before me, the undersigned authority, duly authorized to take acknowledgements and administer oaths,
personally appeared $de'tiitAlt}Midge's Lune( ,personally known to me to be the person described
above, who being by me first duly sworn states that (His or Her) is the person who executed the foregoing
instrument for the reasons expressed therein.
Dated this fa day of
KY► Lti�Onnl L 0•0001)1°
��°�* �' State Of Florid OTA+ 1!t , missi. .fires:
_ -. 1My Commission E*ires 03/0612018
-4.0F44-0- Commission No.FF 99350
•psv4
Dans ailcklq►X, CFA
Property AppritilMir 11
*ea
Property
Brevard Cow*, FL Details
General Parcel Information
Parcel ID:
24-37-15-00- Millage Code: 26G0 Exemption: Use Code: 1110
00778.0-0000.00
Site Address: 8699 ASTRONAUT BLVD , CAPE CANAVERAL 32920 Tax ID: 2430865
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: LAGGES, KYRIACOS J PART OF GOVT LOT 4 &SW
Second Name: LAGGES, MARIANTHI TRUSTEES Sub 1/4 OF SE 1/4 AS DESC IN
Name: ORB 1044 PG 890 & 2630
Mailing Address: 133 BARLOW AVE PG 694 PAR 811
City,State,Zipcode: COCOA BCH, FL 32931-3903
Value Summary Land Information
Roil Year: 2013 2014 2015 Acres: 0.85
Market Value Total:I $710,000 $731,000 $755,000 Site Code:_ 340
Agricultural Market Value: $0 $0 $0
Assessed Value Non-School: $710,000 $731,000 $755,000
Assessed Value School: $710,000 $731,000 $755,000
Homestead Exemption:2 $0 $0 $0
Additional Homestead:2 $0 $0 $0
Other Exemptions:2 $0 $0 $0
Taxable Value Non-School:3 $710,000 $731,000 $755,000
Taxable Value School:3 $710,000 $731,000 $755,000
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
Sale Sale Physical
Offal/PR Screening Records Sale Date age amount Typo Screening Change Vacant/Improved
Coda Source Code
5456/7624 4/18/2005 $100 jp I
3628/4681 12/30/1996 $320,000 WD_ I
312412446 4/1/1991 $235,000 PT I
2565/0482 12/1/1984 $95,000 AQ. V
1044/0890 7/12/1968 $158,000 WD V
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 1110 1999 14 03 03 03 09, 10_ 03, 06 03 03
Attachment 3
RESOLUTION NO. 2016-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
PROVIDING FOR TWO SEPARATE DIVISIONS OF LAND
RELATED TO TWO ADJOINING PARCELS OF LAND
LOCATED ALONG ASTRONAUT BOULEVARD AND
OWNED BY ROBERT A. BAUGHER, TRUSTEE, AND
KYRIACOS J. LAGGES AND MARIANTHI LAGGES,
TRUSTEE FOR PURPOSES OF ADJUSTING PROPERTY
BOUNDARIES FOR FUTURE DEVELOPMENT PERMIT
PURPOSES; PROVIDING FOR UNITY OF TITLE
AGREEMENTS TO ESTABLISH NEW LOTS OF RECORD
FOR DEVELOPMENT PERMIT PURPOSES; PROVIDING
FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS,
SEVERABILITY,AND AN EFFECTIVE DATE.
WHEREAS,the City is granted the authority,under Section 2(b),Article VIII,of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, Robert A. Baugher, Trustee (hereinafter "Baugher") is the owner of certain
real property located adjacent to Astronaut Boulevard which has a Parcel Identification Number of
24-37-15-00-00752.0 (hereinafter referred to as "Baugher Property"); and
WHEREAS,Kyriacos J. Lagges and Marianthi Lagges, Trustee (hereinafter"Lagges") is
the owner of certain real property located adjacent to Astronaut Boulevard and adjacent to the
Baugher Property which has a Parcel Identification Number of 24-37-15-00-00778.0 (hereinafter
referred to as "Lagges Property"); and
WHEREAS, Lagges has submitted to the City a site plan application to construct an
expansion of the existing commercial parking lot on the Lagges Property to accommodate a
restaurant/bar expansion and tenant demands located and operating on the Lagges Property; and
WHEREAS,because Lagges' proposes to locate the parking lot expansion on a portion of
the Baugher Property, Lagges and Baugher have privately agreed, in furtherance of the Lagges'
site plan application and other mutual interests,to adjust the boundaries of the Baugher and Lagges
Properties by splitting and conveying to the other a small portion of their property for future
development purposes; and
WHEREAS, the City Council desires to recognize the aforesaid two lot splits and the
adjusted boundaries agreed to by Baugher and Lagges for future development permit purposes
including, but not limited to,the City's approval of the site plan application submitted by Lagges;
City of Cape Canaveral
Resolution No.2016-03
Page 1 of 4
and
WHEREAS,the two lot splits and adjusted property boundaries agreed to by Baugher and
Lagges are more particularly depicted and legally described herein; and
WHEREAS,the City Council of the City of Cape Canaveral finds that this Resolution is in
the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL HEREBY RESOLVES, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby fully
incorporated by this reference.
Section 2. Recognition and Approval of Lot Split; Unity of Title.
(a) Subject to the conditions stated below, the City Council hereby recognizes and
approves for future development permit purposes, the two divisions of the real property generally
located along Astronaut Boulevard, and legally described in "Exhibit A" (hereinafter the "Lagges
to Baugher Lot Split") and Exhibit "B" (hereinafter the "Baugher to Lagges Lot Split"). Said
Exhibits are attached hereto and fully incorporated herein by this reference.
(b) The Lagges to Baugher Lot Split comprising of approximately 0.03 acres, more or
less, shall no longer be considered part of the Lagges Property for development purposes upon
conveyance of said property to Baugher.
(c) The Baugher to Lagges Lot Split comprising of approximately 0.15 acres, more or
less, shall no longer be considered part of the Baugher Property for development purposes upon
conveyance of said property to Lagges.
(d) As a condition of the two lot splits recognized and approved by this Resolution and
Lagges pending site plan approval for the expansion of the commercial parking lot, Baugher and
Lagges shall each be required to execute and record in the Official Records of Brevard County,
Florida, a Unity of Title Agreement, which will provide as follows:
(1) Lagges' Unity of Title Agreement shall aggregate the remaining portion of Lagges
Property (existing Tax Id. Property 24-37-15-00-00778.0 less the Lagges to Baugher Lot Split)
with the Baugher to Lagges Lot Split for purposes of creating a new lot of record for
development permit purposes. The new lot of record is legally described and depicted on
Exhibit "C," which is attached hereto and fully incorporated herein by this reference.
(hereinafter the"New Lagges Lot").
(2) Baugher's Unity of Title Agreement shall aggregate the remaining portion of
City of Cape Canaveral
Resolution No.2016-03
Page 2 of 4
Baugher's Property (existing Tax Id. Property 24-37-15-00-00752.0 less the Baugher to Lagges
Lot Split) with the Lagges to Baugher Lot Split for purposes of creating a new lot of record for
development permit purposes. The new lot of record is legally described and depicted on Exhibit
"D," which is attached hereto and fully incorporated herein by this reference. (hereinafter the
"New Baugher
The Unity of Title Agreements required by this Section (d) shall be finalized by the City
Manager and City Attorney in a form substantially similar to the form attached hereto as Exhibit
«E ��
(e) Upon recordation of this Resolution and Unity of Title Agreements in the Official
Public Records of Brevard County, Florida, the New Lagges Lot and the New Baugher Lot shall
each be deemed a lot of record for development permit purposes within the City of Cape Canaveral
pursuant to applicable law.
Section 3. 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 4. 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 5. Instructions to Staff. The City Clerk in consultation with the City Attorney is
hereby directed to record this Resolution in the Official Public Records of Brevard County,Florida
at such time the fully executed and recordable Unity of Title Agreements have been delivered to
the City by the Lagges and Baugher. At such time, the Community Development Director is
hereby directed to modify City maps and documents to reflect the new lots approved herein upon
recordation of this Resolution.
Section 6. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral. However, the Resolution shall not be
binding upon the affected properties described hereunder until recorded by the City in accordance
with the requirements of this Resolution. If the Unity of Title Agreements are not delivered to the
City in executed and recordable form within ninety (90) days of the adoption of this Resolution,
this Resolution shall automatically be deemed null and void.
[Signature Page Follows]
City of Cape Canaveral
Resolution No.2016-03
Page 3 of 4
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
March, 2016.
Bob Hoog,Mayor
For Against
John Bond
Mike Brown
Bob Hoog
Brendan McMillin
Betty Walsh
ATTEST (City Seal):
Mia Goforth
City Clerk
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Resolution No.2016-03
Page 4 of 4
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EXHIBIT"E"to Resolution No.2016-
Prepared by and return to:
Anthony A.Garganese
City Attorney of Cape Canaveral
PO Box 2873
Orlando,Florida 32802
(407)425-9566
Tax Parcel Id:
UNITY OF TITLE AGREEMENT
THIS UNITY OF TITLE AGREEMENT is executed this day of
,2016,by and between ("Owner"),a
whose address is , Cape Canaveral, Florida, 32920; and the CITY
OF CAPE CANAVERAL, a Florida municipal corporation,whose address is 105 Polk Avenue,
Cape Canaveral,Florida 32920(hereinafter"the City").
WITNESSETH:
WHEREAS, Owner owns a parcel of land located within the jurisdictional limits of the
City of Cape Canaveral which is identified as tax parcel identification number 24-37-15-00-
00 .0("Existing Parcel");and
WHEREAS,Owner conveyed a small portion of the Existing Parcel( acres more or
less) to an adjacent property owner, which is legally described in Exhibit "A" ("Conveyed
Property");and
WHEREAS, Owner acquired a small portion of property( acres more or less) from
the same adjacent property owner, which is legally described in Exhibit "B" ("Acquired
Property");and
WHEREAS,Owner desires to adjust the boundaries of the Existing Parcel to account for
the Conveyed and Acquired Property in order to have the City recognize and approve a new lot
of record for future development permit purposes;and
WHEREAS, the new lot of record is legally described in Exhibit "C" ("New Parcel");
and
UNITY OF TITLE AGREEMENT
City of Cape Canaveral/
Page 1 of 4
WHEREAS, Owner and City have agreed to record this Agreement to recognize that the
Owner will have unity of ownership and title in the New Parcel;and
WHEREAS,Owner and the City desire to have the New Parcel recognized by the City as
one(1)lot for development purposes under the City's land development regulations;and
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
receipt and sufficiency of which is acknowledged by the parties,the parties agree as follows:
1. Recitals. The foregoing recitals are true and correct and are hereby fully incorporated
into this Agreement by this reference.
2. The Property. Owner represents and warrants that it possesses fee simple title to the
New Lot which is legally described on Exhibit"C."
3. Representations of Owner. Owner hereby represents and agrees as follows:
A. Owner agrees,as a condition of future development permit applications submitted
to the City, that the New Lot described in paragraph 2 of this Agreement, upon
recording of this Agreement, shall be unified in ownership and title for
development purposes.
B. Owner further agrees to not sell, convey, or assign any interest in the New Lot,
which would cause the loss of unity of ownership or title, without first obtaining
the written consent of the City of Cape Canaveral. Nothing herein is intended to
prohibit or restrict the Owner from selling,conveying or assigning the New Lot as
a unified parcel of land or encumbering the New Lot with easements or other
interests in land that do not cause loss of unity or ownership of title.
C. Owner agrees and consents that this Agreement shall be recorded in the office of
the Clerk of Circuit Court in and for Brevard County,Florida,and that all costs of
recording shall be paid by the Owner.
D. Owner agrees that the provisions of this Agreement shall be binding upon the
heirs, personal representative, successors and assigns of Owner. This Agreement
shall run with the land.
[Signature pages follow]
UNITY OF TITLE AGREEMENT
City of Cape Canaveral/
Page 2 of 4
IN WITNESS WHEREOF,the parties hereto caused this Agreement to be executed by
their duly authorized representatives as of the date first written above.
OWNER:
Print Name/Title:
STATE OF FLORIDA
COUNTY OF BREVARD
I HEREBY CERTIFY that on this day,before me,an officer duly authorized in the State
and County aforesaid to take acknowledgments,personally appeared
0 to me known personally to be the persons described in the foregoing instrument,or 0 who
have produced as identification.
WITNESS my hand and official seal in the State and County last aforesaid this
day of ,2016.
Notary Public
My Commission Expires:
UNITY OF TITLE AGREEMENT
City of Cape Canaveral/
Page 3 of 4
THE CITY:
CITY OF CAPE CANAVERAL,
a Florida municipal corporation.
ATTEST:
Robert Hoog,Mayor
Angela Apperson,MMC
City Clerk
Approved as to legal form and sufficiency for the City only:
Anthony A.Garganese,City Attorney
UNITY OF TITLE AGREEMENT
City of Cape Canaveral/
Page 4 of 4
�� r. City of Cape Canaveral
tj� L City Council Agenda Form
y City Council Meeting Date: 03/22/2016
Item No. 7`'
Subject: Resolution No. 2016-04; officially adopting the Fiscal Sustainability Plan Analysis &
Asset Management Plan - 2015 for the City's Wastewater Utility; providing for repeal of prior
inconsistent resolutions; severability; and an effective date.
Department: Public Works Services
Summary: Background - The US Environmental Protection Agency (EPA) now requires that
an Asset Management Plan (AMP) be prepared for municipal wastewater treatment plants
(WWTPs) if the governmental agency is receiving project funding from federal sources. The
City of Cape Canaveral (City) is currently receiving funds from EPA through the Florida
Department of Environmental Protection (FDEP) State Revolving Fund (SRF) Program;
therefore, preparation of an AMP is now required.
The AMP is not intended to be a final document,but rather an enhancement of the City's existing
planning process to meet future asset needs of the wastewater utility. In addition, since the City
is one of the first municipalities in Florida to prepare an AMP as part of the SRF Program,
funding was provided by EPA through Florida Rural Water Association (FRWA) as part of a
"pilot program". A resolution recommending adoption of this AMP is included as Attachment
#1; a copy of the complete AMP is included as Attachment#2.
AMP Summary- Due to the successful outcome of this Fiscal Sustainability Plan Analysis and
Asset Management Plan (AMP), the City is well-positioned to receive future SRF loans at
reduced interest rates. The Executive Summary asserts:
"The condition evaluation of this wastewater utility revealed that the utility has superior
management, operation and maintenance and continued strong customer service...This
wastewater utility is a model for how a utility should be run."
FRWA's approach to complete the AMP includes: 1) an inventory and condition evaluation of
critical assets, 2) an analysis of the City's fiscal sustainability and operational practices and 3)
a sustainability assessment of the wastewater utility.
Study Findings - Inventory and condition evaluation of treatment and non-treatment
critical assets. An inventory of critical assets for both "Treatment" (WWTP) and "Non-
Treatment" (Lift Stations) is required to establish the basis of the AMP. This includes assigning
numerical values to two criteria for each critical asset grouping, "Criticality" and "Condition".
Appendix "A"defines the numeric value scheme for"Critical Treatment Groups" and provides
an initial inventory spreadsheet tool. Appendix "C" defines the numeric value scheme for
"Critical Non-Treatment Groups" and provides an initial spreadsheet tool. A simplified version
of the scale and a summary of the City's results are shown below:
Criteria Scale
Criticality Rating: 1)Non-Critical, 2) Low Impact, 3) Critical,4)Very Critical,5)Must Have
Condition Rating: 1) Excellent, 2) Good,3) Fair, 4) Poor, 5) Very Poor
City Council Meeting Date: 03/22/2016
Item No.
Page 2 of 5
Summary of Results
Treatment 27 100% 92.5%
Non-Treatment 9 100% 100%
According to FRWA: "The overall condition assessment ratings for the wastewater treatment
facilities are "good" to "excellent". During the last four years, the capital expenditures for the
WWTP have been greatly expanded with outstanding results." Some of these expansions and
upgrades include:
• The Grit/Bar Screen Replacement Project includes replacement of the headworks at the
WWTP. This was included in the FY 2014-15 capital budget.
• The Oxidation Ditch Improvements Project includes complete redesign of the oxidation
ditch system at the WWTP. (Redundancy)
• The City's Sludge Belt Press is over 20 years old and will be refurbished. The Project
also includes expansion of the belt press building and purchase/installation of an
additional sludge belt press to provide redundancy in the treatment process. Their
purpose is to press solids from the wastewater process and direct the solids into
dumpsters for transport and disposal at the Brevard County Landfill.
• The Reclaimed Water Tank Project includes construction of a new 2.5 million gallon
reclaimed water tank at the WWTP. The tank will allow the City to eliminate discharges
of treated wastewater to the Banana River and provide additional reclaimed water to
residents, Port Canaveral and the City of Cocoa Beach.
• The Holman Road Sanitary Sewer Improvements Project was developed to alleviate
sewer back-up in a residence along Holman Road and to increase sewer capacity. The
sanitary sewer line located beneath Holman Road will be replaced with a 12-inch
diameter pipe. This work is the first phase of a three phased project to replace the entire
sanitary sewer line to Lift Station #2 located along Center Street.
• The Force Main #3 Replacement Project includes replacement of the oldest force main
in the City which was installed over 25 years ago and has experienced numerous breaks
over the past few years. The new force main will connect Lift Station #3 to the force
main located along Thurm Boulevard.
• Lift Stations #6 (Imperial Drive) and #7 (West Central Boulevard) upgrades include
improvements to these two lift stations due to continued growth along the northern State
Road A 1 A corridor. Lift Station #7 will also be relocated to City-owned property in
Manatee Sanctuary Park.
Fiscal sustainability analysis and operational practices -_In developing an AMP, it is critical to
distinguish between annual operation & maintenance (O&M) costs and capital expenditures.
Capital expenditures above $25,000 total per year should be budgeted and funded separately
with an annual allocation of these costs based upon the life of the capital asset. Findings show
the City currently differentiates between O&M costs and capital costs when preparing annual
budgets. Capital projects are detailed in the City's five-year Capital Improvement Plan (CIP).
City Council Meeting Date: 03/22/2016
Item No.
Page 3 of 5
As part of the AMP, an annual capital budget should be established for Rehabilitation and
Replacement(R&R) with a targeted funding amount of 3%of the asset value. The R&R budget
is to provide ongoing renewal of existing facilities based on an average life expectancy of 30
years. The City's annual budgets include R&R for selected critical projects. The R&R for
FY2014-2015 was 4%. This R&R computation is based on the February 2012 Sewer System
Rate Study conducted by Raftelis Financial Consultants, Inc. (see Appendix G). R&R is based
on using a percentage of the prior year's Utility Operating Income - in this case for FY2013-
2014 - ($3,362,026 x .04= $134,481).
The AMP also describes current asset values and preliminary market value projections for both
treatment and non-treatment assets. There are several ways to evaluate the value of capital assets
including "market value" and "replacement". Market value, which is defined as the dollar
amount that a willing seller and willing buyer could agree upon, was used in this Report. The
wastewater facilities(WWTP)have a market projection value of$9.1 million(see Appendix D).
The wastewater collection system (lift stations and force mains/gravity sewer lines)has a market
projection value of$9.6 million (see Appendix D).
The total market value projection for the City's wastewater utility is $18.7 million.
Based upon the City's 2015 Comprehensive Annual Financial Report, the Wastewater Fund has
a capital asset value of$17.9 million.
Operational Practices
The current management, operation and maintenance of the City's wastewater utility are very
strong.With increased capital funding that began four years ago,the condition of the fixed assets
are being rapidly restored to a high level. Minor findings indicate the need for further expansion
in grease control and continued operator training and certification,where applicable. Correction
is addressed and included in the Annual Budget and in the City's 5-year CIP.
Wastewater Utility Sustainability Assessment - To ensure sustainability of the wastewater
utility, funding of the required future capital expenditures is required. An Energy Efficiency
Assessment for Small Wastewater Systems was also completed for WWTP and lift station
operations (see Appendix B). Results of this Assessment indicate that installation of energy
efficient equipment has been successful in past years in reducing energy costs; energy efficiency
will continue to be an important factor in the selection of new equipment.
The Sewer System Rate Study is used to ensure that adequate funding is available for future
wastewater improvement projects (both O&M and capital expenditures). Current sewer system
rates are based upon the findings of this Study(see Appendix G).
City Staff currently analyze all new system components for energy efficiency prior to purchase
and installation. As an example, use of variable frequency drives (VFDs) and light-emitting
diodes (LEDs), both known energy efficient technologies, have been implemented in the past
few years.
City Council Meeting Date: 03/22/2016
Item No.
Page 4 of 5
Inventory and condition evaluation of treatment and non-treatment critical assets—
Recommendations:
Continue to update and maintain an inventory of critical assets, both "Treatment" and "Non-
Treatment"; and develop a long range annual Rehabilitation and Replacement (R&R) program
and prioritize the capital improvements needed each year by using the numerical ratings for
"Criticality" and "Condition" of the fixed asset components. Facilities rated highly on both the
"criticality" and "condition" scales receive the highest priority.
Conclusions:
City Staff currently evaluate treatment and non-treatment facilities based on condition, age,
operational efficiency, etc. and prioritize the replacement of equipment. In the future, City Staff
will also utilize the numeric ratings of equipment established during this Study that are based
upon both "condition" AND "criticality" dimensions.
Fiscal sustainability analysis and operational practices—
Recommendations:
Continue utilizing existing method for annual expenditures and long range program planning of
R&R to ensure maximum use of operational and capital improvement funds; continue to pursue
outside capital funding sources for wastewater system improvements; and consider increasing
activities to improve discharge of fats, oil and grease (FOG) generated by increases in food
service establishments connected to the system.
Conclusions:
The City's annual O&M and Capital budget allocation are detailed in Appendix E. For fiscal
year ending September 30, 2015, the wastewater utility had an operating revenue of $3.7+
million and operating expenses of$2.8+ million. Capital improvements include rehabilitation,
replacement and capacity expansion. These improvements meet FRWA recommendations and
are detailed in the City's five-year CIP (see Appendix F).
The City has already obtained an SRF loan (approximately $7.8 million) from FDEP for
infrastructure improvements (wastewater AND stormwater). The City has also received grants
for the new reclaimed water tank (St. Johns River Water Management District - $741,427.50)
and the Canaveral City Park Ex-filtration Project (EPA and General Revenue Trust Fund -
$1,187,262). City Staff, including the City Engineer, continue to investigate potential grants for
infrastructure improvements (wastewater AND stormwater).
Preventative maintenance program expenditures have already been included in the City's annual
budget for grease control, as well as safety protocol and inspections throughout the City's
infrastructure systems.
Wastewater Utility Sustainability Assessment—
Recommendations:
Continue to pursue efforts to ensure sustainability of the City's assets.
Conclusions:
The City continues to allocate budget monies for annual membership and participation in local,
state, and federal organizations to ensure Staff and employees are current on today's innovative
City Council Meeting Date: 03/22/2016
Item No.
Page 5 of 5
and technological advancements of wastewater treatment systems. Providing reliable
wastewater for utility service to its residential,commercial and institutional customers continues
to be a primary goal of the City.
Submitting Department Director: Joyce Muse Date: 3tcoN
Attachment: Resolution No. 2016-04 Plan Analysis""
Exhibit AFiscal Sustainabilityl sis &
�
Asset Management Plan—2015 previously provided.)
Financial Impact: Staff time and effort to prepare this Agenda item.
Reviewed by Administrative/Financial 3 d\\L
Services Director: John DeLeo Date:
The City Manager recommends that City Council to the following action:
Adopt Resolution No. 2016-04.
Approved by City Manager: David L. Greene C.9V- Date:3// f/J6
RESOLUTION NO. 2016-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREYARD COUNTY, FLORIDA;
OFFICIALLY ADOPTING THE FISCAL SUSTAINABILITY
PLAN ANALYSIS & ASSET MANAGEMENT PLAN — 2015
FOR THE CITY'S WASTEWATER UTILITY; PROVIDING
FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under section 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS,the City of Cape Canaveral owns and operates a wastewater utility; and
WHEREAS,the City is a member of the Florida Rural Water Association; and
WHEREAS, the City developed jointly with the Florida Rural Water Association, under
the guidance of the Florida Department of Environmental Protection, a"Fiscal Sustainability Plan
& Asset Management Plan — Wastewater Utility — 2015" for the City of Cape Canaveral;"
(Hereinafter"Plan") and
WHEREAS, the Plan has been presented to the City Council and after due consideration
of the Plan by the City Council, the City Council now desires to officially accept and adopt the
Plan as a management tool for purposes of providing information to assist the City with providing
reliable wastewater utility service to its residential, commercial and institutional wastewater
customers; and
WHEREAS, the City Council hereby finds that this Resolution is in the best interests of
the public health, safety and welfare; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CAPE CANAVERAL,BREYARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as findings of the City Council and are deemed a material part of this Resolution.
Section 2. Adoption of the Plan. The City Council hereby official accepts and adopts
the "Fiscal Sustainability Plan & Asset Management Plan — Wastewater Utility — 2015" for the
City of Cape Canaveral." The Plan is attached hereto as EXHIBIT "A" and fully
incorporated herein by this reference. The Plan shall be considered a management tool for
purposes of providing information to assist the City with providing reliable wastewater utility
service to its residential,commercial and institutional wastewater customers.
City of Cape Canaveral
Resolution 2016-04
Page 1 of 2
Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 4. Severability. If any section, subsection, sentence,clause,phrase,word,or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portions of this Resolution.
Section 5. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral,Florida.
ADOPTED in regular meeting of the City Council of the City of Cape Canaveral, Florida,
this 22nd day of March, 2016.
ATTEST: Bob Hoog, Mayor
Mia Goforth
City Clerk
Name For Against
John Bond
Mike Brown
Bob Hoog
Brendan McMillin
Betty Walsh
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution 2016-04
Page 2 of 2
City of Cape Canaveral
t1411-2-1--
City Council Agenda Form
City Council Meeting Date: 03/22/2016
Item No. .S
Subject: Approve DEP Agreement No. LP05052 for funding of Canaveral City Park Ex-
Filtration Project and authorize the Mayor to execute same.
Department: Public Works Services
Summary: Background -As part of the Stormwater Master Plan (SWMP) for the City of Cape
Canaveral (City), Staff developed a number of infrastructure improvement projects to reduce
concentrations of pollutants in stormwater discharged to the Banana River Lagoon (BRL). A
number of these projects were included in the City's State Revolving Fund (SRF) Loan
application package for infrastructure improvements submitted in March 2014 to Florida
Department of Environmental Protection (FDEP). This Package included stormwater and
wastewater improvement projects totaling an estimated $7.8 million in engineering and
construction costs. However,to reduce the amount of funds borrowed from FDEP through SRF,
Staff also applied for a number of grants from several agencies to fund the improvement projects.
Project Details-One of the stormwater improvement projects included in the SRF Loan package
is the Canaveral City Park Ex-filtration Project. This Project is designed to implement Best
Management Practices (BMPs) to improve water quality by reducing concentrations of total
nitrogen(TN)and total phosphorous(TP)in stormwater as required by FDEP's Total Maximum
Daily Load (TMDL) Program. Specifically, the Project includes the installation of over 4,000
underground stormwater chambers beneath two outfield areas and one infield area of Canaveral
City Park. Adjacent downstream curb inlets to Canaveral City Park will be retrofitted to include
internal manhole weirs to redirect stormwater into the underground stormwater chambers.
Stormwater will then infiltrate into the surficial aquifer instead of flowing to the BRL through
the City's stormwater system. The contributing area to be treated in the Presidential Streets area
is 30.3 acres, totaling one-inch of dry storage retention treatment. Upon completion of the
stormwater chamber installation activities, the property will be returned to its original land use
(a City park).Additionally,the City will receive TMDL credits of 260.6 pounds per year(lbs/yr)
for TN and 63.O lbs/yr for TP. These TMDL credits represent an important amount of the City's
required 15-year TMDL pollutant reduction goals. Attachment #1 includes photographs of the
underground stormwater chambers and a general overview of the Project.
Grant Status - The City's consultant estimated construction costs for the Project of
approximately$1 million. Therefore, Staff submitted an application for an EPA 319(h)Grant in
May 2014 requesting $598,262 in funding assistance. The Grant was awarded to the City in
October 2014, but stipulated that the City would be required to supply $398,841 in matching
funds to complete the Project. However,the City also had requested funding for the Project from
the State of Florida General Revenue Trust Fund (Statewide Surface Water Restoration and
Wastewater Projects) in October 2014 and St. Johns River Water Management District
(SJRWMD) in February 2015. The City was awarded funding from the General Revenue Trust
Fund in February 2015 in the amount of$589,000;the City's SJRWMD application was denied.
Therefore, the City has obtained $1,187,262 in grant funding for completion of the Canaveral
City Park Ex-filtration Project. This will thereby reduce the amount of funds the City will borrow
to complete the stormwater and wastewater infrastructure improvement projects through the
SRF Program. Attachment #2 includes the proposed DEP Agreement for both grants in the
amount of$1,187,262.
City Council Meeting Date: 03/22/2016
Item No. -5---
Page
SPage 2 of 2
Estimated Project Schedule - Construction is anticipated to begin in July 2016; construction
duration is estimated at 8-10 months. Canaveral City Park will be closed to all residents during
the construction activities. Since this is a major construction project in a residential
neighborhood, Staff will conduct an extensive educational and informational program for area
residents. l
Submitting Department Director: Joyce Muse Date: 3 I q 1 ce
Attachments:
#1 —Stormwater Chamber Photographs/Exfiltration Conceptual Routing and Runoff Plan
#2 - DEP Agreement
Financial Impact: $1,187,262 in funding for the Canaveral City Park Ex-Filtration Project
comprised of two grants (EPA 319(h) for $589,262 and General Revenue Trust Fund for
$589,000). Staff time and effort to prepare this Agenda item.
Reviewed by Administrative/Financial ,.
9
Services Director: John DeLeo Date: S +k
The City Manager recommends that City Council t-' e the following actions:
Approve DEP Agreement No. LP05052 for funding of Maveral City Park Ex-Filtration Project
and authorize the Mayor to execute same. nn
Approved by City Manager: David L. Greene 9 42J. ate: 3/3/11
Attachment #1
Stormwater Chamber
Photographs/Exfiltration Conceptual
Routing and Runoff Plan
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Attachment #2
DEP Agreement
DEP AGREEMENT NO.LP05052
STATE OF FLORIDA
GRANT AGREEMENT
PURSUANT TO
ENVIRONMENTAL PROTECTION AGENCY GRANT AWARD(S)
THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION,whose address is 3900 Commonwealth Boulevard,Tallahassee,Florida
32399-3000(hereinafter referred to as the"Department")and the CITY OF CAPE CANAVERAL,whose address is
105 Polk Avenue, Cape Canaveral, Florida 32920, (hereinafter referred to as "Grantee"), a local governmental
entity,to provide financial assistance for Canaveral City Park Ex-Filtration Project..
WHEREAS, the Department is the recipient of federal financial assistance from the U.S. Environmental
Protection Agency(EPA);and,
WHEREAS, the Department was awarded funding by the EPA pursuant to Grant Agreement No C9-
99451515-0 and,
WHEREAS, the Grantee has been determined to be a subrecipient of federal financial assistance from the
EPA;and,
WHEREAS, the Grantee is responsible for complying with the appropriate federal guidelines in
performance of its activities pursuant to this Agreement.
NOW,THEREFORE, in consideration of the promises and the mutual benefits to be derived herefrom, the
Department and the Grantee do hereby agree as follows:
1. The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this
Agreement, Attachment A, Grant Work Plan, and all attachments and exhibits named herein which are
attached hereto and incorporated by reference.
2. This Agreement shall begin upon execution by both parties and shall remain in effect until September 30,
2018. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution
through the expiration date of this Agreement. The Grantee may claim allowable project expenditures made
on or after October 1, 2014 for purposes of meeting its match requirement identified in paragraph 3. This
Agreement may be amended to provide for additional services if additional funding is made available by
EPA andlor the Legislature.
3. A. As consideration for the satisfactory completion of services rendered by the Grantee under the
terms of this Agreement,the Department shall pay the Grantee on a cost reimbursement basis up to
a maximum of$1,187,262.00 towards the total estimated project cost of$1,187,262.00. The
parties hereto understand and agree that this Agreement requires at least a 40%match on the part
of the Grantee. Therefore, the Grantee is responsible for providing $400,283.22 through cash or
third party in-kind, towards the work funded under this Agreement. All match shall meet the
federal requirements established in 40 CFR Part 30,40 CFR Part 31 and OMB Circulars A-87 (2
CFR 225), A-122 (2 CFR 230) and A-21 (2 CFR 220), as applicable. It is understood that any
additional funds necessary for the completion of this project are the responsibility of the Grantee.
The Grantee will report those expenditures to the Department in the Final Report as required under
Task 7 in Attachment A.
B. Prior written approval from the Department's Grant Manager shall be required for changes within
approved deliverable budget categories of up to 10% of the total deliverable budget amount,
Changes less than 10%of the total approved deliverable budget will require a formal change order
DEP Agreement No. LP05052,Page 1 of 14
to the Agreement Changes greater than 10% of the total approved deliverable budget and/or
changes that transfer funds from one deliverable to another or that increase or decrease the total
funding amount will require a formal amendment to the Agreement.
C. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs, upon
the completion, submittal and approval of the deliverables identified in Attachment A.
Reimbursement shall be requested. utilizing Attachment B, Payment Request Summary Form,
in accordance with the schedule in Attachment A. Each payment request must be accompanied by
Attachment C, MBEI BE Procurement Reporting Form. Failure to provide Attachment C
shall result in a delay in processing the payment until such time as the appropriate information is
provided to the Department. To be eligible for reimbursement,costs must be in compliance with
laws,rules and regulations applicable to expenditures of State funds, including,but not limited to,
the Reference Guide for State Expenditures. All bills for amounts due under this Agreement shall
be submitted in detail sufficient for a proper pre-audit and post-audit thereof. A final payment
request should be submitted to the Department no later than sixty (60) days following the
completion date of the Agreement, to assure the availability of funds for payment. Each payment
request submitted shall document all matching funds and/or match efforts (i.e. in-kind services)
provided during the period covered by each request. The final payment request shall not be
processed until the match requirement has been met.
D. The State Chief Financial Officer requires detailed supporting documentation of all costs under a
cost reimbursement agreement. In accordance with the Attachment D, Contract Payment
Requirements, the Grantee shall comply with the minimum requirements set forth therein. The
Payment Request Summary Form shall be accompanied by supporting documentation and other
requirements as follows:
i. Contractual (Subcontractors) - Reimbursement requests for payments to subcontractors
must be substantiated by copies of invoices with backup documentation identical to that
required from the Grantee. Subcontracts which involve payments for direct salaries shall
clearly identify the personnel involved, salary rate per hour. and hours/ me spent on the
project. All multipliers used (i.e. fringe benefits, overhead, and/or general and
administrative rates) shall be supported by audit. If the Department determines that
multipliers charged by any subcontractor exceeded the rates supported by audit, the
Grantee shall be required to reimburse such funds to the Department within thirty (30)
days of written notification. Interest on the excessive charges shall be calculated based on
the prevailing rate used by the State Board of Administration. For fixed price (vendor)
subcontracts,the following provisions shall apply:
a. The Grantee may award, on a competitive basis, fixed price subcontracts to
consultants/contractors in performing the work described in Attachment A.
Invoices submitted to the Department for fixed price subcontracted activities
shall be supported with a copy of the subcontractor's invoice and a copy of the
tabulation form for the competitive procurement process (Invitation to Bid or
Request for Proposals)resulting in the fixed price subcontract.
b. The Grantee may request approval from the Department to award a fixed price
subcontract resulting from procurement methods other than those identified in
the paragraph above. In this instance, the Grantee shall request the advance
written approval from the Department's Grant Manager of the fixed price
negotiated by the Grantee. The letter of request shall be supported by a detailed
budget and Scope of Services to be performed by the subcontractor. Upon
receipt of the Department Grant Manager's approval of the fixed price amount.
the Grantee may proceed in finalizing the fixed price subcontract.
DEP Agreement No.LP05052,Page 2 of 14
c. All subcontracts are subject to the provisions of paragraph 13 and any other
appropriate provisions of this Agreement which affect subcontracting activities.
E. In addition to the invoicing requirements contained in paragraphs 3.C. and D. above, the
Department will periodically request proof of a transaction (invoice, payroll register, etc.) to
evaluate the appropriateness of costs to the agreement pursuant to State and Federal guidelines
(including cost allocation guidelines), as appropriate. When requested, this information must be
provided within thirty(30) calendar days of such request. The Grantee may also be required to
submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect,
general administrative costs, and fringe benefits). State guidelines for allowable costs can be
found in the Department of Financial Services' Reference Guide for State Expenditures at
http://www.fldfs.com/aadirlreference%5Fauide: allowable costs for Federal Programs can be
found under 48 CFR Part 31 and Appendix E of 45 CFR Part 74, at
htto:l/www.access.gpo.govinara/cfr/cfr-table-search.htrnl and OMB Circulars A-87 (2 CFR 225),
A-122 (2 CFR 230), A-21 (2 CFR 220); and administrative requirements can be found in OMB
Circulars A-102 and A-110 (2 CFR 215) at
http://wwv,..whitehouse.gov/omb/circulars/index.html#numerical.
F. Management fees or similar charges in excess of the direct costs and approved indirect rates are
not allowable. The term "management fees or similar charges" refers to expenses added to the
direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen
liabilities,or for other similar costs which are not allowable under this Agreement. Management
fees or similar charges may not be used to improve or expand the project funded under this
Agreement, except to the extent authorized as a direct cost of carrying out the work identified in
Attachment A,Grant Work Plan.
G. Allowable costs will be determined in accordance with the cost principles applicable to the
organization incurring the costs. For purposes of this Agreement,the following cost principles are
incorporated by reference.
Organization Type Applicable Cost Principles
State,local or Indian tribal government. OMB Circular A-87(2 CFR 225)
Private non-profit organization other than (1) an OMB Circular A-122(2 CFR 230)
institution of higher education, (2) hospital, or(3)
organization named in OMB Circular A-122 as not
subject to that circular.
Education Institutions OMB Circular A-2I (2 CFR 220)
For-profit organization other than a hospital and an 48 CFR Pan 31, Contract Cost Principles
organization named in OMB A-122 as not subject and Procedures, or unifonn cost
to that circular. accounting standards that comply with
cost principles acceptable to the federal
agency.
Hospital 45 CFR Subtitle A - Appendix E to Part
74-Principles for Determining Costs
Applicable to Research and Development
Under Grants and Contracts with
Hospitals
H. i. The accounting systems for all Grantees must ensure that these funds are not commingled
with funds from other agencies. Funds from each agency must be accounted for
separately. Grantees are prohibited from commingling funds on either a program-by-
program or a project-by-project basis. Funds specifically budgeted and/or received for
DEP Agreement No. LP05052.Page 3 of 14
one project may not be used to support another project. Where a Grantee's, or
subrecipient's, accounting system cannot comply with this requirement, the Grantee, or
subrecipient, shall establish a system to provide adequate fund accountability for each
project it has been awarded.
ii. If the Department finds that these funds have been commingled, the Department shall
have the right to demand a refund,either in whole or in part,of the funds provided to the
Grantee under this Agreement for non-compliance with the material terms of this
Agreement. The Grantee, upon such written notification from the Department shall
refund,and shall forthwith pay to the Department,the amount of money demanded by the
Department. Interest on any refund shall be calculated based on the prevailing rate used
by the State Board of Administration. Interest shall be calculated from the date(s) the
original payment(s) are received from the Department by the Grantee to the date
repayment is made by the Grantee to the Department.
iii. In the event that the Grantee recovers costs, incurred under this Agreement and
reimbursed by the Department, from another source(s), the Grantee shall reimburse the
Department for all recovered funds originally provided under this Agreement. Interest on
any refund shall be calculated based on the prevailing rate used by the State Board of
Administration. Interest shall be calculated from the date(s)the payment(s)are recovered
by the Grantee to the date repayment is made to the Department by the Grantee.
The federal funds awarded under this Agreement must comply with The Federal Funding
Accountability and Transparency Act(FFATA)of 2006. The intent of the FFATA is to empower
every American with the ability to hold the government accountable for each spending decision.
The end result is to reduce wasteful spending in the government. The FFATA legislation requires
that information on federal awards (federal financial assistance and expenditures) be made
available to the public via a single, searchable website, which is www.USASpendine.gov. Grant
Recipients awarded a new Federal grant greater than or equal to $25,000 awarded on or after
October 1, 2010 are subject to the FFATA. The Grantee agrees to provide the information
necessary,over the life of this Agreement,for the Department to comply with this requirement.
J. The table below identifies the funding supporting this Agreement and EPA Grants providing the
funds.
Federal Funding CFDA Program Title Funding
Source _ Amount
C9-99451515-0 66.460 Nonpoint Source Implementation $598,262.00
Grants
State Funding Trust CSFA Program Title
Fund,Line Item
General Revenue 37.039 Statewide Surface Water Restoration $589,000.00
Trust Fund,Line Item and Wastewater Projects
1662 A
Total Funding: $1,187,262.00
4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of
future appropriations.
5. A. Progress Reports shall be submitted to the Department's Grant Manager no later than twenty (20)
days following the completion of the quarterly reporting period. Each Progress Report shall he
DEP Agreement No. LP05052.Page 4 of 14
submitted on Attachment E, Progress Report Form, and shall describe the work performed
during the reporting period, problems encountered, problem resolution, schedule updates and
proposed work for the next reporting period. The Final Project Report shall be submitted no later
than the completion date of the Agreement. The Department's Grant Manager shall have thirty
(30)calendar days to review the required reports and deliverables submitted by the Grantee. Final
payment, up to ten (10) percent of the total Agreement amount identified in paragraph 3.A., may
be withheld until all work is completed,all deliverables have been submitted, match requirements
have been met and the Final Project Report has been received and approved.
B. A draft comprehensive final report(hard copy and electronic)must be submitted no later than sixty
(60) days prior to the completion date of the Agreement. The Department will review the draft
final report and provide comments for inclusion in the final report within thirty(30)days. Five(5)
hard copies, plus one electronic copy in Adobe.pdf format or Microsoft Word Format, of a
comprehensive final report must be submitted no later than the completion date of the Agreement.
The Grantee's final report shall include an accounting of all project expenses, a report of all
matching funds contributed on behalf of the Grantee, and a statement acknowledging that the
project has been supponed by a grant from the U.S. Environmental Protection Agency. The
following language shall be included on the cover page of the final project report:
"This project and the preparation of this report was funded in part by a Section 319
Nonpoint Source Management Program Implementation grant from the U.S.
Environmental Protection Agency through an agreement/contract with the Nonpoint
Source Management Section of the Florida Department of Environmental Protection. The
total cost of the project was S[show actual amount], of which S[show actual amount] or
[show actual percentage] percent was provided by the U.S. Environmental Protection
Agency."
Additionally,all other final deliverables required by this Agreement (such as booklets,pamphlets,
videos, scientific papers, etc.) which were funded in whole or in part by federal sources shall
include the language below to acknowledge the federal government's participation in the project
"This (booklet,pamphlet, video,paper,etc. as appropriate)was funded in pan by a
Section 319 Nonpoint Source Management Program Implementation grant from the U.S.
Environmental Protection Agency through an agreement/contract with the Nonpoint Source
Management Section of the Florida Department of Environmental Protection."
C. The Grantee agrees to provide a copy of any draft report and/or final report to the Department
before making,or allowing to be made,a press release,publication,or other public announcement
of the project's outcome. This shall not be construed to be a limitation upon the operation and
applicability of Chapter 119,Florida Statutes.
D. The Grantee agrees to comply with the requirements of EPA's Program for Utilization of Small.
Minority,and Women's Business Enterprises in procurement under this Agreement.
i. The Grantee accepts the Minority Business Enterprise/Women's Business Enterprise
(MBE/WBE)"Fair Share"goals and objectives negotiated with EPA as follows:
(CHECK THE FEDERAL AWARD TO SEE IF THE GOALS ARE DIFFERENT
OR IF THE LANGAUGE NEEDS TO BE CHANGED)
Florida Fair Share Goals
Industry Goal
Equipment
Supplies 9%MBE and 3%\'BE
I Services
Construction
I)EP Agreement No. LP05052.Page 5 of 14
ii. If the Grantee does not want to rely on the applicable State's MBE/WBE goals, the
Grantee agrees to submit proposed MBE/WBE goals based on availability of qualified
minority and women-owned businesses to do work in the relevant market for construction,
services, supplies and equipment. "Fair Share"objectives must be submitted to the EPA
Grants Management Office, 61 Forsyth Street, Atlanta, GA 30303 within thirty (30)
calendar days of award and approved by EPA no later than thirty (30) calendar days
thereafter. Copies of all correspondence with EPA shall also be forwarded to the
Department's Grant Manager.
iii. The Grantee agrees to ensure, to the fullest extent possible, that at least the applicable
"Fair Share"objectives of Federal funds for prime contracts or subcontracts for supplies.
construction, equipment or services are made available to organizations owned or
controlled by socially and economically disadvantaged individuals, women and
Historically Black Colleges and Universities.
iv. The Grantee agrees to include in its bid documents the applicable"Fair Share"objectives
and require all of its prime contractors to include in their bid documents for subcontracts
the negotiated"Fair Share"percentages.
v. The Grantee agrees to follow the six good faith efforts or positive efforts stated in 40
C.F.R. 33,as appropriate,and retain records documenting compliance.
vi. The Grantee agrees to submit a report documenting MBE/WBE utilization under federal
grants in conjunction with the required payment request form(see paragraph 3.C).
vii. If race and/or gender neutral efforts prove inadequate to achieve a"Fair Share"objective,
the Grantee agrees to notify the Department and EPA in advance of any race and/or
gender conscious action it plans to take to more closely achieve the "Fair Share"
objective.
viii. In accordance with Section 129 of Public Law 100-590. the Small Business
Administration Reauthorization and Amendment Act of 1988, the Grantee agrees to
utilize and to encourage any prime contractors under this Agreement to utilize small
businesses located in rural areas to the maximum extent possible. The Grantee agrees to
follow the six affirmative steps stated in six good faith efforts stated in 40 C.F.R. 33, as
appropriate,in the award of any contracts under this Agreement.
E. In accordance with the policies set forth in EPA Order 1000.25 and Executive Order 13423,
Strengthening Federal Environmental. Energy and Transportation Management(January 24,2007)
and/or 40 CFR 30.16,the Grantee agrees to use recycled paper and double sided printing for all
reports which are prepared as a part of this Agreement and delivered to the Department. This
requirement does not apply to reports which are prepared on forms supplied by EPA. This
requirement does not apply to invoices and their documentation, which are required to be single
sided. This requirement applies even when the cost of recycled paper is higher than that of virgin
paper.
F. Any State agency or agency of a political subdivision of a State which is using appropriated
Federal funds shall comply with the requirements set forth in Section 6002 of the Resource
Conservation and Recovery Act (RCRA) (42 U.S.C. 6962). Regulations issued under RCRA
Section 6002 apply to any acquisition of an item where the purchase price exceeds $10,000 or
where the quantity of such items acquired in the course of the preceding fiscal year was$10,000 or
more. RCRA Section 6002 requires that preference be given in procurement programs to the
DEP Agreement No.LP05052.Page 6 of 14
purchase of specific products containing recycled materials identified in guidelines developed by
EPA. These guidelines are listed in 40 CFR 247.
6.
Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its
employees and agents. However, nothing contained herein shall constitute a waiver by either party of its
sovereign immunity or the provisions of Section 768.28,Florida Statutes.
7. A. The Department may terminate this Agreement at any time in the event of the failure of the
Grantee to fulfill any of its obligations under this Agreement. Prior to termination,the Department
shall provide thirty(30)calendar days written notice of its intent to terminate and shall provide the
Grantee an opportunity to consult with the Department regarding the reason(s)for termination.
B. The Department may terminate this Agreement for convenience by providing the Grantee with
thirty(30)calendar days written notice.
C. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to
allow public access to all documents, papers, letters, or other material made or received by the
Grantee in conjunction with this Agreement,unless the records are exempt from Section 24(a)of
Article I of the State Constitution and Section 119.07(I)(a),Florida Statutes.
8. No payment will be made for deliverables deemed unsatisfactory by the Department. In the event that a
deliverable is deemed unsatisfactory by the Department, the Grantee shall re-perform the services needed
for submittal of a satisfactory deliverable, at no additional cost to the Department, within ten (10) days of
being notified of the unsatisfactory deliverable. If a satisfactory deliverable is not submitted within the
specified timeframe, the Department may, in its sole discretion, either: 1) terminate this Agreement for
failure to perform,or 2)the Department Grant Manager may.by letter specifying the failure of performance
under this Agreement,request that a proposed Corrective Action Plan(CAP)be submitted by the Grantee to
the Department. All CAPs must be able to be implemented and performed in no more than sixty(60)days.
A. A CAP shall be submitted within ten(10) calendar days of the date of the letter request from the
Department. The CAP shall be sent to the Department Grant Manager for review and approval.
Within ten (10) calendar days of receipt of a CAP, the Department shall notify the Grantee in
writing whether the CAP proposed has been accepted. If the CAP is not accepted, the Grantee
shall have ten (10) calendar days from receipt of the Department letter rejecting the proposal to
submit a revised proposed CAP. Failure to obtain the Department approval of a CAP as specified
above shall result in the Department's termination of this Agreement for cause as authorized in this
Agreement.
B. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have ten (10)
calendar days to commence implementation of the accepted plan. Acceptance of the proposed
CAP by the Department does not relieve the Grantee of any of its obligations under the Agreement.
In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, the
Department shall retain the right to require additional or further remedial steps,or to terminate this
Agreement for failure to perform. No actions approved by the Department or steps taken by the
Grantee shall preclude the Department from subsequently asserting any deficiencies in
performance. The Grantee shall continue to implement the CAP until all deficiencies are
corrected. Reports on the progress of the CAP will be made to the Department as requested by the
Department Grant Manager.
C. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the
performance of the Agreement as specified by the Department may result in termination of the
Agreement.
DEP Agreement No.t_P05052.Page 7 of 14
The remedies set forth above are not exclusive and the Department reserves the right to exercise other
remedies in addition to or in lieu of those set forth above,as permitted by the Agreement.
9. If the Grantee materially fails to comply with the terms and conditions of this Agreement, including any
Federal or State statutes,rules or regulations,applicable to this Agreement, the Department may take one or
more of the following actions.
A. Temporarily withhold cash payments pending correction of the deficiency by the Grantee.
B. Disallow(that is,deny both use of funds and any applicable matching credit for) all or pan of the
cost of the activity or action not in compliance.
C. Wholly or partly suspend or terminate this Agreement.
D. Withhold further awards for the project or program.
E. Take other remedies that may be legally available.
F. Costs of the Grantee resulting from obligations incurred by the Grantee during a suspension or
after termination of the Agreement are not allowable unless the Department expressly authorizes
them in the notice of suspension or termination. Other Grantee costs during suspension or after
termination which are necessary and not reasonably avoidable are allowable if the following apply.
i. The costs result from obligations which were properly incurred by the Grantee before the
effective date of suspension or termination,are not in anticipation of it.and in the case of
termination,arc noncancellable.
ii. The cost would be allowable if the Agreement were not suspended or expired normally at
the end of the funding period in which the termination takes place.
G. The remedies identified above, do not preclude the Grantee from being subject to debarment and
suspension under Executive Orders 12549 and 12689.
10. The Department shall have the right to demand a refund.either in whole or part. of the funds provided to
the Grantee for noncompliance with the terms of this Agreement.
11. A. The Grantee shall maintain books, records and documents directly pertinent to performance under
this Agreement in accordance with generally accepted accounting principles consistently applied.
The United States Environmental Protection Agency, the Comptroller General of the United
States, the Department of Environmental Protection, the State, or their authorized representatives
shall have access to such records for audit purposes during the term of this Agreement and for five
(5)years following Agreement completion. In the event any work is subgranted or subcontracted.
the Grantee shall similarly require each subgrantee and subcontractor to maintain and allow access
to such records for audit purposes.
B. The Grantee agrees that if any litigation, claim, or audit is started before the expiration of the
record retention period established above,the records shall be retained until all litigation,claims or
audit findings involving the records have been resolved and final action taken.
C. Records for real property and equipment acquired with Federal funds shall be retained for five(5)
years following final disposition.
DEP Agreement No.LP05052,Page 8 of 14
12. A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the
applicable provisions contained in Attachment F,Special Audit Requirements, attached hereto
and made a part hereof. Exhibit 1 to Attachment F summarizes the funding sources supporting
the Agreement for purposes of assisting the Grantee in complying with the requirements of
Attachment F. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment
which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of
Exhibit 1,the Grantee shall notify the Department's Grant Manager at(850)245-2950 to request a
copy of the updated information.
B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may
further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall
consider the type of financial assistance (federal and/or state) identified in Attachment F_,
Exhibit 1 when making its determination. For federal financial assistance,the Grantee shall utilize
the guidance provided under OMB Circular A-133, Subpart B, Section .210 for determining
whether the relationship represents that of a subrecipient or vendor. For state financial assistance,
the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations
Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found
under the"Links/Forms"section appearing at the following website:
Imps://apps.fldfs.com/fsaa
The Grantee should confer with its chief financial officer,audit director or contact the Department
for assistance with questions pertaining to the applicability of these requirements.
13. A. The Grantee may not subcontract work under this Agreement without the prior written consent of
the Department's Grant Manager, The Grantee shall submit a copy of the executed subcontract to
the Department within ten(10)days after execution. Regardless of any subcontract,the Grantee is
ultimately responsible for all work performed under this Agreement. The Grantee agrees to be
responsible for the fulfillment of all work elements included in any subcontract and agrees to be
responsible for the payment of all monies due under any subcontract. It is understood and agreed
by the Grantee that the Department shall not be liable to any subcontractor for any expenses or
liabilities incurred under the subcontract and that the Grantee shall be solely liable to the
subcontractor for all expenses and liabilities incurred under the subcontract.
B. The Grantee agrees to comply with the procurement requirements contained in 40 C.F.R. 31.36 for
its selection of subcontractors.
C. The Department of Environmental Protection supports diversity in its procurement program and
requests that all subcontracting opportunities afforded by this Agreement embrace diversity
enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the
State of Florida. A list of minority-owned firms that could be offered subcontracting opportunities
may be obtained by contacting the Office of Supplier Diversity at(850)487-0915.
14.
A. The Grantee certifies that no Federally-appropriated funds have been paid or will be paid, on or
after December 22, 1989, by or on behalf of the Grantee, to any person for influencing or
attempting to influence an officer or employee of an agency, a Member of Congress. an officer or
employee of Congress,or an employee of a Member of Congress.in connection with the awarding,
renewal. amending or modifying of any Federal contract, grant. or cooperative agreement. If any
non-Federal funds are used for lobbying activities as described above, the Grantee shall submit
Attachment G, Standard Form-LLL, "Disclosure of Lobbying Activities" and shall file
quarterly updates of any material changes. The Grantee shall require the language of this
DEP Agreement No.LP05052, Page 9 of 14
certification to be included in all subcontracts. and all subcontractors shall certify and disclose
accordingly. 140 CFR 341
B. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using
funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch
or a state agency.
C. Pursuant to the Lobbying Disclosure Act of 1995.any organization described in Section 501(c)4 of
the Internal Revenue Code of 1986 shall not be eligible for subgrants under this Agreement,unless
such organization warrants that it does not, and will not, engage in lobbying activities prohibited
by the Act as a special condition of the subgrant. This restriction does not apply to loans made
pursuant to approved revolving loan programs or to contracts awarded using proper procurement
procedures.
D. The Grantee's Chief Executive Officer shall certify that no funds provided under this Agreement
have been used to engage in the lobbying of the Federal Government or in litigation against the
United States unless authorized under existing law. The Grantee shall submit Attachment H,
"Lobbying and Litigation Certificate" to the Department within ninety (90) days following the
completion of the Agreement period.
15. The Grantee shall comply with all applicable federal, state and local rules and regulations in performing
under this Agreement. The Grantee acknowledges that this requirement includes. but is not limited to,
compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee
further agrees to include this provision in all subcontracts issued as a result of this Agreement.
16. Any notices between the parties shall be considered delivered when posted by Certified Mail,return receipt
requested, or overnight courier service, or delivered in person to the Grant Managers at the addresses
below.
17. The Department's Grant Manager(which may also be referred to as the Department's Project Manager) for
this Agreement is identified below.
Taufiqul Aziz
Florida Department of Environmental Protection
Division of Water Restoration Assistance
3900 Commonwealth Boulevard,MS#3570
Tallahassee,Florida 32399-3000
Telephone No.: (850)245-2950
Fax No.: , (850)245-2857
E-mail Address: Taufiqul.azizCdep.state.fl.us
18. The Grantee's Grant Manager (which may also be referred to as the Grantee's Project Manager) for this
Agreement is identified below.
Jeff Ratliff
City of Cape Canaveral
Public Works Services
105 Polk Avenue
Cape Canaveral,FL.32920
Telephone No.: 321-868-1240,Ext.404
Fax No.: 321-868-1233
E-mail Address: j.ratliff@cityofcapecanaveral.org
DEP Agreement No.L1'05052.Page 10 of 14
19. To the extent required by law, the Grantee will be self-insured against,or will secure and maintain during
the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the
work of this project and, in case any work is subcontracted. the Grantee shall require the subcontractor
similarly to provide Workers' Compensation Insurance for all of its employees unless such employees are
covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage
shall comply fully with the Florida Workers'Compensation law. In case any class of employees engaged in
hazardous work under this Agreement is not protected under Workers'Compensation statutes, the Grantee
shall provide, and cause each subcontractor to provide,adequate insurance satisfactory to the Department,
for the protection of his employees not otherwise protected.
20.
A. The Grantee shall secure and maintain Commercial General Liability insurance including bodily
injury and property damage. The minimum limits of liability shall be $100,000 each occurrence
and $300,000 aggregate. This insurance will provide coverage for all claims that may arise from
the services and/or operations completed under this Agreement, whether such services and/or
operations are by the Grantee or anyone directly or indirectly employed by him. Such insurance
shall include the State of Florida as an Additional Insured for the entire length of the Agreement.
B. The Grantee shall secure and maintain Commercial Automobile Liability insurance for all claims
which may arise from the services and/or operations under this Agreement, whether such services
and/or operations are by the Grantee or by anyone directly. or indirectly employed by him. The
minimum limits of liability shall be as follows:
$300,000 Automobile Liability Combined Single Limit for Company Owned Vehicles, if
applicable
$300,000 Hired and Non-owned Liability Coverage
C. All insurance policies shall he with insurers licensed or eligible to do business in the State of
Florida. The Grantee's current certificate of insurance shall contain a provision that the insurance
will not be canceled for any reason except after thirty(30)days written notice (with the exception
of non-payment of premium which requires a 10 day notice) to the Department's Procurement
Administrator.
21. The Grantee covenants that it presently has no interest and shall not acquire any interest which would
conflict in any manner or degree with the performance of services required.
22. Reimbursement for equipment purchases costing $1,000 or more is not authorized under the terms and
conditions of this Project Agreement.
23. The Department may at any time.by written order designated to be a change order,make any change in the
Grant Manager information or task timelines within the current authorized Agreement period. All change
orders are subject to the mutual agreement of both parties as evidenced in writing. Any change, which
causes an increase or decrease in the Grantee's cost or time, shall require formal amendment to this
Agreement.
24. The Hotel and Motel Fire Safety Act of 1990 (Public Law 101-391) establishes a number of fire safety
standards which must be met for hotels and motels. The Grantee acknowledges that Federal funds may not
be used to sponsor a conference, meeting, or training seminar held in a hotel or motel which does not meet
the requirements of the Hotel and Motel Fire Safety Act of 1990.
DEP Agreement No LP05052.Page 11 of 14
25. If the Grantee's project involves environmentally-related measurements or data generation, including the
development of models that may be used in regulatory decisions, the Grantee shall develop and implement
quality assurance practices consisting of policies, procedures, specifications, standards, and documentation
sufficient to produce data of quality adequate to meet project objectives and to minimize loss of data due to
out-of-control conditions or malfunctions. All sampling and analyses performed under this Agreement must
conform with the requirements set forth in Chapter 62-160, Florida Administrative Code, and the Quality
Assurance Requirements for Department Agreements,attached hereto and made part hereof as Attachment
I,Quality Assurance Requirements.
26. A. No person, on the grounds of race, creed, color, national origin, age, sex. or disability, shall be
excluded from participation in;be denied the proceeds or benefits of;or be otherwise subjected to
discrimination in performance of this Agreement.
B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid
on a contract to provide goods or services to a public entity, may not submit a bid on a contract
with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity, may not award or perform work as a
contractor, supplier, subcontractor, or consultant under contract with any public entity, and may
not transact business with any public entity. The Florida Department of Management Services is
responsible for maintaining the discriminatory vendor list and posts the list on its website.
Questions regarding the discriminatory vendor list may be directed to the Florida Department of
Management Services,Office of Supplier Diversity at(850)487-0915.
27. In accordance with Executive Order 12549, Debarment and Suspension (2 CFR 180 and 1532), the
Grantee agrees and certifies that neither it,nor its principals,is presently debarred,suspended,proposed for
debarment, declared ineligible,or voluntarily excluded from participation in this transaction by any Federal
department or agency; and,that the Grantee shall not knowingly enter into any lower tier contract,or other
covered transaction,with a person who is similarly debarred or suspended from participating in this covered
transaction,unless authorized in writing by EPA to the Department. The Grantee shall include the language
of this section in all subcontracts or lower tier agreements executed to support the Grantee's work under this
Agreement.
28. The Environmental Protection Agency and Department reserve a royalty-free,nonexclusive,and irrevocable
license to reproduce,publish or otherwise use,and to authorize others to use.for government purposes:
A. The copyright in any work developed under a grant. subgrant, or contract under a grant or
subgrant.
B. Any rights of copyright to which a grantee. subgrantee or a contractor purchases ownership with
grant support.
29. The Grantee agrees to comply with. and include as appropriate in contracts and subgrants. the provisions
contained in Attachment J,Contract Provisions. attached hereto and made a part hereof. In addition,the
Grantee acknowledges that the applicable regulations listed in Attachment K,Regulations,attached hereto
and made a part hereof,shall apply to this Agreement.
30. land acquisition is not authorized under the tenns of this Agreement.
31. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the
laws of Florida. Wherever possible,each provision of this Agreement shall be interpreted in such manner
as to be effective and valid under applicable law,but if any provision of this Agreement shall be prohibited
or invalid under applicable law, such provision shall he ineffective to the extent of such prohibition or
invalidity, without invalidating the remainder of such provision or the remaining provisions of this
Agreement. Any action hereon or in connection herewith shall be brought in Leon County.Florida.
DEP Agreement No. 1.P05052,Page 12 of 14
32. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes,
modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced
to writing, duly signed by each of the parties hereto. and attached to the original of this Agreement, unless
otherwise provided herein.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. LP05052, Page 13 of l
I
IN WITNESS WHEREOF,the panics have caused this Agreement to be duly executed, the day and year
last written below.
GRANTEE STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
ey: Br
Title:* Secretary or designee
Date: Der:
1 `te r
Taulqul Aziz,DEP Grant Manager
14'4ZeweriReoW";40
FEID No.:59-0974636
*For Agreements with governmental boardslcommissions: If someone other than the Chairman signs this
Agreement,a resolution,statement or other document authorizing that person to sign the Agreement on behalf of the
governmental board/commission must accompany the Agreement.
List of attachrnents/exhibits included as part of this Agreement:
Specify Letter/
Type Number Description(include number of pages)
Attachment Grant Work Plan(7 Pam)
Attachment Payment Request Summary Fonn and Instructions(2 Pages)
Attachment Sc_ MBE/WBE Procurement Reporting Form and Instructions(7 Pages)
Attachment .. Contract Payment Requirements(1 Page)
Attachment � progress Report Form(I Page)
Attachment Special Audit Requirements(S Pates)
Attachment Disclosure of Lobbying Activities(2 Pages)
Attachment Ji Lobbying and Litigation Certificate(1 Page)
Attachment ,L Ouality Assurance Requirements(5 Pages)
Attachment Contact Provisions(4 Pages)
Attachment (I Porte)
DEP Agreement No.LP05052,Page 14 of 14
4
ATTACHMENT A
GRANT WORK PLAN
PROJECT TITLE: Canaveral City Park Ex-Filtration Project.
PROJECT AUTHORITY: The City of Cape Canaveral (Grantee) received funding from the Florida
Legislature in the amount of$589,000 through Specific Appropriation Line Item No. 1662A, Fiscal Year
(FY)2015-2016,General Appropriations Act. Authority for this Project is specified in Section 20,Florida
Statues.Monitoring and auditing guidelines,as related to the Florida Single Audit Act,are specified in the
Florida Catalog of State Financial Assistance(CSFA)No. 37.039. The Project is also funded by a federal
grant, FY 2015 319(h), Grant Agreement No. C9-99451515-0, in the amount of$598,262. The Grantee
received this funding for the purpose of constructing the Canaveral City Park Ex-Filtration Project.
PROJECT LOCATION: The Project is located in the Presidential Streets neighborhood within the city
limits of the City of Cape Canaveral in Section 23,Township 24S,Range 37E in Brevard County,Florida.
Canaveral City Park is located at 7920 Orange Avenue at 28.387204 degrees Latitude and -80.602082
degrees Longitude.A Project Vicinity Map is included as Figure 1.
PROJECT BACKGROUND: In November 2014, the Grantee completed a comprehensive Stormwater
Master Plan(SWMP)in order to identify and prioritize projects that would: (1)reduce stormwater flow to
the Banana River Lagoon;(2)reduce loads of total nitrogen(TN)and total phosphorous(TP)in stormwater;
and(3)identify potential flooding areas within the City.The City requested funding and was subsequently
appropriated $589,000 from the Florida Legislature in FY 2015-2016.
PROJECT DESCRIPTION:The Grantee will implement Best Management Practices(BMPs)to improve
water quality by reducing stormwater pollutant loads to the Banana River Lagoon as required by Florida
Department of Environmental Protection (FDEP). The Project will include the installation of 4,015
stormwater chambers beneath two outfield areas and one infield area of Canaveral City Park (Park). The
contributing area to be treated is 30.3 acres,totaling one-inch of dry storage retention treatment. Adjacent
downstream curb inlets to the Park will be retrofitted to include internal manhole weirs to redirect
stormwater into the ex-filtration system.Upon completion of the stormwater chamber installation activities,
the Park will be returned to its original land use(City Park).An Exfiltration Conceptual Routing and Runoff
Plan is included as Figure 2.
TASKS AND DELIVERABLES:
Task#1: Design and Permitting
Task Description: The Grantee will complete the design of the Canaveral City Park Ex-filtration Project
and obtain all necessary permits for construction of the Project.
Deliverables: An electronic copy of the final design,including professional certification as applicable,and
a list of all required permits identifying issue dates and issuing authorities submitted to the Department's
Grant Manager. Upon request, the Grantee will provide copies of obtained permits or permit-related
correspondence or documentation in addition to a paper copy of the final design.
Performance Standard: The Department's Grant Manager will review the deliverables to verify that they
meet the specifications in the Grant Work Plan and this task description. Upon review and written
acceptance/approval by the Department's Grant Manager of all deliverables under this Task, the Grantee
may proceed with payment request submittal.
Task#2: Bidding and Contractor Selection
Agreement No. LP05052,Attachment A
Page 1 of 7
Task Description: The Grantee will subcontract the construction of the Canaveral City Park Ex-filtration
Project with a qualified and licensed contractor, selected through the Grantee's procurement process. The
Grantee will prepare and solicit bids utilizing a bid package in accordance with state and federal laws and
this Agreement.Included in this Task are pre-bid meeting(s)in response to bid questions.
Deliverables: (1)Electronic copy of public notice of advertisement for the bid;(2)electronic access to all
inquiries, questions and comments regarding the bid documents; (3) electronic copy of bid package; (4)
written notice of selected contractor; and (5) electronic copy of executed subcontract(s) provided prior to
submitting any invoices for the subcontracted work.
Performance Standard: The Department's Grant Manager will review the deliverables to verify that they
meet the specifications in the Grant Work Plan and this task description. Upon review and written
acceptance by the Department's Grant Manager of all deliverables under this Task,the Grantee may proceed
with payment request submittal.
Task#3: Construction of Project
Task Description:The Grantee will install approximately 4,015 stormwater storage chambers beneath the
City Park in accordance with the final engineering design drawings, bid specifications and approved
permits. The areas between and over the stormwater chambers will then be backfilled and the work area
sodded and landscaped.The Project also includes area storm drainage line and inlet work with supportive
construction. The Park will then be restored to its original land use (City Park). This Project includes a
single phase of construction; no additional construction phases are required.
Deliverables: (1) Dated color photographs of the construction site prior to, during and immediately
following completion of the construction task; (2)written verification that the Grantee has received record
drawings and any required final inspection reports for the Project; (3)signed acceptance of the completed
work by the Grantee; and (4) signed statement from a Florida Licensed Professional Engineer indicating
construction has been completed in accordance with the design.
Performance Standard: The Department's Grant Manager will review the deliverables to verify that they
meet the specifications in the Grant Work Plan and this task description and that work is being performed
in accordance with the Grantee's construction contract documents and specifications. Upon review and
written approval by the Department's Grant Manager of all deliverables under this Task,the Grantee may
proceed with payment request submittal.
Task#4: Public Education
Task Description: The Grantee will provide public education information about the Project and its
environmental benefits in the following formats: (1) a kiosk will be installed at or near the project site,
easily visible to the public,to display updated project information during and after construction to inform
the general public—the kiosk will be updated with project information and may remain at the site for up to
five years.
Deliverable #4a: (1) Copy of draft kiosk sign(s) text, graphics and information updates submitted to the
Department's Grant Manager for review and approval prior to printing and installation.Deliverables should
be submitted as electronic copies unless otherwise requested by the Department's Grant Manager.
Performance Standard: The Department's Grant Manager must approve draft materials prior to public
distribution. The Department's Grant Manager will review the draft deliverables and provide comments to
the Grantee as needed.
Deliverable#4b: (1)Dated photograph(s) of installed kiosk sign(s) as approved. Deliverables should be
submitted as electronic copies unless otherwise requested by the Department's Grant Manager.
Performance Standard:The Department's Grant Manager will review the final deliverables to ensure the
draft comments have been taken into consideration. Upon review and written acceptance by the
Department's Grant Manager of all deliverables under this Task, the Grantee may proceed with payment
request submittal.
Agreement No. LP05052,Attachment A
Page 2 of 7
Task#5: Quality Assurance Project Plan
Task Description: The Grantee will prepare, submit and receive approval of a Quality Assurance Project
Plan (QAPP) prior to commencement of any monitoring associated with the Project. The QAPP must
specify the sampling procedures,locations,instruments,parameters analyzed and sampling frequency.The
Grantee will use the format provided by the Department's Grant Manager,if applicable.
Deliverable#5a:Draft QAPP submitted electronically in Word format to the Department's Grant Manager.
Upon request,the Grantee will provide a paper copy of the Draft QAPP to the Department's Grant Manager.
Performance Standard: The Department's Grant Manager will review the draft QAPP for compliance
with this Agreement and the quality assurance requirements, ensure sufficient monitoring is planned to
measure project effectiveness and provide comments to the Grantee as needed prior to Final QAPP
submittal.
Deliverable #5b: Final Department-approved QAPP submitted electronically in Word format to the
Department's Grant Manager. Upon request,the Grantee will provide a paper copy of the Final QAPP to
the Department's Grant Manager.
Performance Standard:The Department's Grant Manager will review the Final QAPP to ensure that draft
comments have been incorporated and the Final QAPP is in compliance with this Agreement and the quality
assurance requirements.Upon review and written approval by the Department's Grant Manager of the Final
QAPP,the Grantee may proceed with payment request submittal.
Task#6:Monitoring
Task Description: The Grantee will conduct monitoring in accordance with the Department-approved
QAPP for this Project.
Deliverables: Summary of completed monitoring activities(dates completed,sampling conducted and any
not conducted and why, monitoring results along with interpretation of those results as expected or not as
expected)submitted electronically,'along with the final laboratory report and sampling logs(also field and
weather data)to the Department's Grant Manager.Upon request,the Grantee will provide a paper copy or
copies to the Department's Grant Manager.
Performance Standard: The Department's Grant Manager will review the monitoring results for
completion and compliance with QAPP requirements. Upon review and written acceptance by the
Department's Grant Manager of all deliverables under this Task, the Grantee may proceed with payment
request submittal. Costs for any monitoring that is not completed as outlined in the Department-approved
QAPP may be discounted if included in the payment request.
Task#7: Final Report
Task Description: The Grantee will prepare a Final Report summarizing the results of the Project,
including all tasks in the Grant Work Plan.The Final Report will include at a minimum:
• Project location and background, project description and timeline, grant award amount and
anticipated benefits.
• Financial summary of actual costs versus the budget,along with any changes required to the budget,
and any match provided along with other related project work performed outside of this Agreement
to identify the overall project cost.
• Discussion of project schedule versus actual completion, including changes required to the
schedule, unexpected site conditions and adjustments, significant unexpected delays and
corrections and/or other significant deviations from the original project plan.
• Summary of activities completed as well as those not completed and why, as well as a brief
summary of any additional phases, if any,yet to be completed.
Agreement No. LP05052,Attachment A
Page 3 of 7
• Photo documentation of work performed (before, during and after), appropriate figures (site
location,site plans,etc.),appropriate tables summarizing data/information relevant to Grant Work
Plan tasks and appropriate attachments relevant to the Project.
• Discussion of whether the anticipated benefits have been/will be realized(e.g.,why a BMP did or
did not exceed the expected removal efficiency).
• Summary of monitoring activities completed and any not completed and why, monitoring results
and an interpretation of data based on planned versus realized results.
Deliverable #7a: An electronic copy of the draft Final Report in Word format submitted to the
Department's Grant Manager for review prior to submission of the Final Report.Upon request,the Grantee
will provide a paper copy of the draft Final Report.
Performance Standard: The Department's Grant Manager will review the submitted draft Final Report
to verify that it meets the specifications in the Grant Work Plan and this task description,and provide any
comments to the Grantee for incorporation into the Final Report.
Deliverable#7b:An electronic copy of the Final Report with all suggested changes incorporated(in Word
or PDF format)submitted to the Department's Grant Manager for review and approval.Upon request,the
Grantee will provide a paper copy of the Final Report.
Performance Standard: Upon review and written approval by the Department's Grant Manager of the
Final Report,the Grantee may proceed with payment request submittal for this Task.
PROJECT TIMELINE: Each task must be completed and all deliverables received by the end of each
task timeline.The 319(h)Grant funded and required match funded tasks shall not extend beyond the 319
Grant end date of 09/30/2019. If any of the task end dates for the 319 Grant and/or match funded tasks go
beyond the 319 grant end date then the 319 grant end date is controlling. NOTE:The deliverable due dates
established in this Grant Work Plan indicate the time by which a deliverable is received and approved for
cost sharing.The dates do not necessarily correspond with permit required due dates. The Local Sponsor
must meet the terms of the permit for compliance.
Task/ Deliverable
Task Start Task End
Deliverable Task or Deliverable Title Date Date Due Date/
No. Frequency
1 Design and Permitting 10/01/14 10/10/15 10/10/15
2 Bidding and Contractor Selection Upon Contract 06/28/16 06/28/16
Execution
3 Construction 07/27/16 05/26/17 05/26/17
4 Public Education 06/27/16 05/26/17 05/26/17
5 QAPP 08/03/16 12/02/16 12/02/16
6 Monitoring 05/26/17 04/27/18 04/27/18
7 Reporting 07/27/16 05/28/18 05/28/18
BUDGET DETAIL BY TASK:
Task Grant Funding(319 Legislative
No. Category Grant) Appropriation FY
15/16
Total for Task 1 $0 SO
2 Contractual $0 $1,200
Agreement No.LP05052,Attachment A
Page 4 of 7
Total for Task 2 $0 $1,200
3 Contractual $579,262 $583,400
Total for Task 3 $579,262 $583,400
4 Contractual $0 $3,200
Total for Task 4 $0 $3,200
S Contractual $8,500 $0
Total for Task 5 $8,500 $0
6 Contractual $10,500 $0
Total for Task 6 $10,501 SO
Contractual $0 $1,200
7
Total for Task 7 SO $1,200
PROJECT BUDGET SUMMARY: Cost reimbursable grant funding must not exceed the category totals
for the Project as indicated below.
Leg
Grant Fundingslabve
Category Totals (319111] Grant) Appropriation—FY
2015-2D16
Contractual Total $598,262 $589,000
Total for Project: $598,262 $589,000
*The amount of$400,283.22 of Legislative Appropriation is the match towards the 31915(h)Grant.
Legislative
Category Totals Appropriation used
as match for 31915(b)
Contractual Total $400,283.22
Total for Project: $400,283.22
Agreement No.LP05052,Attachment A
Page 5 of 7
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Agreement No. 11'05052,Attachment A
Page 7 of 7
ATTACHMENT B
PAYMENT REQUEST SUMMARY FORM
DEP Agreement No.: LP05052 Agreement Effective Dates:
Grantee: Grantee's Grant Manager:
Mailing Address:
Payment Request No. Date of Payment Request:
Performance Period (Start date—End date):
Task/Deliverable No(s). Task/Deliverable Amount Requested: $
GRANT EXPENDITURES SUMMARY SECTION
[Effective Date of Grant through End-of-Grant Period]
AMOUNT OF TOTAL MATCHING TOTAL
CATEGORY OF EXPENDITURE THIS REQUEST CUMULATIVE FUNDS FOR CUMULATIVE
PAYMENT THIS REQUEST MATCHING
REQUESTS FUNDS
Salaries/Wages $N/A $N/A SN/A SN/A
Overhead/Indirect/G&A Costs $N/A $N/A $N/A $N/A
Fringe Benefits SN/A SN/A SN/A $N/A
Indirect Cost $N/A SN/A $N/A $N/A
Contractual(Subcontractors) $ $ $ $
Travel(if authorized) SN/A SN/A SN/A SN/A
Equipment Purchases(if authorized) $N/A SN/A $N/A SN/A
RentaULease of Equipment SN/A SN/A SN/A SN/A
Other Expenses $N/A SN/A SN/A SN/A
Land(if authorized) SN/A SN/A SN/A $N/A
TOTAL AMOUNT S $ $ $
TOTAL TASK/DELIVERABLE $ $
BUDGET AMOUNT
Less Total Cumulative Payment $ $
Requests of:
TOTAL REMAINING IN TASK $ $
GRANTEE CERTIFICATION
Complete Grantee's Certification of Payment Request on Page 2 to certify that the amount being
requested for reimbursement above was for items that were charged to and utilized only for the above
cited grant activities.
Agreement No.LP05052,Attachment B,Page 1 of 3
Grantee's Certification of Payment Request
1, ,
(Print name of Grantee's Grant Manager designated in the Agreement)
on behalf of ,do hereby certify that:
(Print name of Grantee/Recipient)
El The disbursement amount requested is for allowable costs for the project described in Attachment A of
the Agreement.
21 All costs included in the amount requested have been satisfactorily purchased,performed, received, and
applied toward completing the project; such costs are documented by invoices or other appropriate
documentation as required in the Agreement.
El The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project;
and the Grantee is not in default of any terms or provisions of the contracts.
Check all that apply:
O All permits and approvals required for the construction,which is underway, have been obtained.
O Construction up to the point of this disbursement is in compliance with the construction plans and permits.
O The Grantee's Grant Manager relied on certifications from the following professionals that provided
services for this project during the time period covered by this Certification of Payment Request,and such
certifications are included:
Professional Service Provider(Name/License No.) Period of Service(mm/dd/yy—mm/dd/yy)
Grantee's Grant Manager's Signature Grantee's Fiscal Agent
Print Name Print Name
Telephone Number Telephone Number
Agreement No.LP05052,Attachment B,Page 2 of 3
INSTRUCTIONS FOR COMPLETING
PAYMENT REQUEST SUMMARY FORM
DEP AGREEMENT NO.: This is the number on your grant agreement.
AGREEMENT EFFECTIVE DATES: Enter agreement execution date through end date.
GRANTEE: Enter the name of the grantee's agency.
GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement.
MAILING ADDRESS: Enter the address that you want the state warrant sent.
PAYMENT REQUEST NO.: This is the number of your payment request,not the quarter number.
DATE OF PAYMENT REQUEST: This is the date you are submitting the request.
PERFORMANCE PERIOD: This is the beginning and ending date of the performance period for the task/deliverable
that the request is for(this must be within the timeline shown for the task/deliverable in the Agreement).
TASK/DELIVERABLE NO.: This is the number of the task/deliverable that you are requesting payment for and/or
claiming match for(must agree with the current Grant Work Plan).
TASK/DELIVERABLE AMOUNT REQUESTED: This should match the amount on the "TOTAL
TASK/DELIVERABLE BUDGET AMOUNT"line for the"AMOUNT OF THIS REQUEST'column.
GRANT EXPENDITURES SUMMARY SECTION:
"AMOUNT OF THIS REQUEST"COLUMN: Enter the amount that was expended for this task during the period
for which you are requesting reimbursement for this task. This must agree with the currently approved budget in the
current Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an
approved budget. Do not claim items that are not specifically identified in the current Grant Work Plan. Enter the
column total on the"TOTAL AMOUNT'line. Enter the amount of the task on the"TOTAL TASK BUDGET AMOUNT'
line. Enter the total cumulative amount of this request and all previous payments on the"LESS TOTAL CUMULATIVE
PAYMENT REQUESTS OF' line. Deduct the "LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF' from the
"TOTAL TASK BUDGET AMOUNT"for the amount to enter on the"TOTAL REMAINING IN TASK'line.
"TOTAL CUMULATIVE PAYMENT REQUESTS" COLUMN: Enter the cumulative amounts that have been
requested to date for reimbursement by budget category. The final request should show the total of all requests; first
through the final request(this amount cannot exceed the approved budget amount for that budget category for the task
you are reporting on). Enter the column total on the"TOTALS"line. Do not enter anything in the shaded areas.
"MATCHING FUNDS" COLUMN: Enter the amount to be claimed as match for the performance period for the
task you are reporting on. This needs to be shown under specific budget categories according to the currently approved
Grant Work Plan. Enter the total on the"TOTAL AMOUNT'line for this column. Enter the match budget amount on
the "TOTAL TASK BUDGET AMOUNT' line for this column. Enter the total cumulative amount of this and any
previous match claimed on the"LESS TOTAL CUMULATIVE PAYMENTS OF'line for this column. Deduct the"LESS
TOTAL CUMULATIVE PAYMENTS OF"from the"TOTAL TASK BUDGET AMOUNT'for the amount to enter on the
"TOTAL REMAINING IN TASK'line.
"TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amount you have claimed to
date for match by budget category for the task. Put the total of all on the line titled"TOTALS." The final report should
show the total of all claims,first claim through the final claim,etc. Do not enter anything in the shaded areas.
GRANTEE'S CERTIFICATION: Check all boxes that apply. Identify any licensed professional service providers
that certified work or services completed during the period included in the request for payment. Must be signed by
both the Grantee's Grant Manager as identified in the grant agreement and the Grantee's Fiscal Agent.
NOTES:
If claiming reimbursement for travel,you must include copies of receipts and a copy of the travel reimbursement
form approved by the Department of Financial Services,Chief Financial Officer.
Documentation for match claims must meet the same requirements as those expenditures for reimbursement.
Agreement No.LP05052,Attachment B,Page 3 of 3
OMB CONTROL NO 2030-0020
ATTACHMENT C APPROVED 1'
APPROVAL EXPIRES:06/30/2017
U.S. ENVIRONMENTAL PROTECTION AGENCY
MBE/WBE UTILIZATION UNDER FEDERAL GRANTS
AND COOPERATIVE AGREEMENTS
FOR COOPERATIVE AGREEMENTS OR OTHER FEDERAL FINANCIAL ASSISTANCE WHERE THE COMBINED TOTAL OF FUNDS BUDGETED FOR PROCURING SUPPLIES,
EQUIPMENT,CONSTRUCTION OR SERVICES EXCEED$150,000.
PART 1:PLEASE REVIEW INSTRUCTIONS BEFORE COMPLETING
1A.FEDERAL FISCAL YEAR(Oct 1-Sep 30) 16.REPORT TYPE
20 °Annual pl.ast Report(Project completed)
1C:REVISION OF A PRIOR YEAR REPORT?ONo °Yes,Year
IF YES,BRIEFLY DESCRIBE THE REVISIONS YOU ARE MAKING:
2A.EPA FINANCIAL ASSISTANCE OFFICE ADDRESS(ATTN:DBE COORDINATOR) 3A.RECIPIENT NAME AND ADDRESS
211.EPA DBE COORDINATOR 3B.RECIPIENT REPORTING CONTACT
Name: Name:
Email: Address:
Phone: Phone:
Fax: Email:
4A.FINANCIAL ASSISTANCE AGREEMENT ID NUMBER 4B. FEDERAL FINANCIAL ASSISTANCE PROGRAM TITLE OR CFDA NUMBER:
ISRF State Recipients,refer to Instructions for Completion of blocks 4A,5A and 5C)
SA,TOTAL ASSISTANCE AGREEMENT AMOUNT SB.If NO procurements and NO ac ompllshrnents were made this reporting
EPA Share: $ period(by the recipients,sub-recipients,loan recipients,and prime contractors).
CHECK and SKIP to Block No.7. (Procurements are all expenditures through
Recipient Share:$ contract,order,purchase,lease or barter of supplies,equipment,construction,
or services needed to complete Federal assistance programs.Accomplishments,
�N/A(SRF Recipient) in this context,are procurements made with MBEs and/or WBEs.) LI
SC. Total Procurements This Reporting Period(Only include amount not reported In any prior reporting period)
Total Procurement Amount$
(Include total dollar values awarded by recipient,sub-recipients and SRF loan recipients,including MBE/WBE expenditures.)
SO. Were sub-awards issued under this assistance agreement? Yesla.No 0
Were contracts Issued under this assistance agreement? Yes 0 No 0
SE. MBE/WBE Accomplishments This Reporting Period
Actual MBE/WBE Procurement Accomplished(Include total dollar values awarded by recipient,sub-recipients,SRF loan recipients and Prime Contractors.)
Construction Equipment Services Supplies Total
$MBE: 0.00
SWBE: 0.00
6.COMMENTS:(If no MBE/WBE procurements,please summarize how certified MBEs/WBEs were notified of the opportunIies to compete for the procurement dollars
entered in Block SC and why certified MBEs/WBEs were not awarded any procurements during this reporting period.)
7.NAME Of RECIPIENT'S AUTHORIZED REPRESENTATIVE TITLE
8.SIGNATURE OF RECIPIENT'S AUTHORIZED REPRESENTATIVE DATE
EPA FORM 5700-52A available electronically at)Ittp://www.eoa.aov/osbolodfs/5700 52a.ndf
DEP Agreement No. LP0501 attachment C,Page 1 of 7
•
PART II.
MBE/WBE PROCUREMENTS MADE DURING REPORTING PERIOD
EPA Financial Assistance Agreement Number:
1.Procurement Made By 2.Business Enterprise 3.$Value of 4.Date of 5.Type of Product or 6.Name/Address/Phone Number of MBE/WBE
Procurement Procurement Service(Enter Code) Contractor or Vendor
Recipient ) Sub- i Prime Minority ' Women
MM/DO/YY
I Recipient I
■nd/or SRF
Loan
I Recipient I I
i I I
I i �
I � I
I 1
i I
i I !
s s I
i I
I I
I I
E i I
' j I
E I
Type of Product or Service Codes:
3 o Construction 2.Supplies 3=Services d o Equipment
Note:Recipients are required to submit MBE/WBE reports to EPA beeinnine with the Federal fiscal year the recipients receive the award.continuing until the protect is completed.
DEP Agreement No.LP05055?Attachment C,Page 2 of 7
Instructions: If at the time of award, the combined total of funds
budgeted for procurements in any category is less
A.General Instructions: than or equal to$150,000 and is maintained below
the threshold, no DBE report is required to be
submitted.
MBE/WBE utilization is based on 40 CFR Part 33.
The reporting requirement reflects the class
deviation issued on November 8, 2013, clarified on Recipients are required to report 30 days after the
January 9, 2014 and modified on December 2, end of each federal year, per the terms and
2014. EPA Form 5700-52A must be completed conditions of the financial assistance agreement.
annually by recipients of financial assistance
agreements where the combined total of funds Last reports are due October 30th or 90 days after
budgeted for procuring supplies, equipment, the end of the project period, whichever comes
construction or services exceeds $150,000.This first.
reporting requirement applies to all new and
existing awards and voids all previous reporting MBE/WBE program requirements, including
requirements. reporting,are material terms and conditions of the
financial assistance agreement.
In determining whether the$150,000 threshold
is exceeded for a particular assistance
B. Definitions:
agreement,the analysis must focus on funds
budgeted for procurement under the supplies,
equipment, construction,services or "other" Procurement is the acquisition through contract,
categories,and include funds budgeted for order, purchase, lease or barter of supplies,
procurement under sub-awards or loans equipment, construction or services needed to
accomplish Federal assistance programs.
Reporting will also be required in cases where the
details of the budgets of sub-awards/loans are not A contract is a written agreement between an EPA
clear at the time of the grant awards and the recipient and another party(also considered
combined total of the procurement and sub- "prime contracts")and any lower tier agreement
awards and/or loans exceeds the$150,000 (also considered"subcontracts")for equipment,
threshold. services, supplies, or construction necessary to
complete the project. This definition excludes
written agreements with another public agency.
When reporting is required, all procurement This definition includes personal and professional
actions are reportable, not just the portion which services,agreements with consultants,and
exceeds$150,000. purchase orders.
If at the time of award the budgeted funds exceed A minority business enterprise(MBE) is a business
$150,000 but actual expenditures fall below, a concern that is(1)at least 51 percent owned by
report is still required. one or more minority individuals, or, in the case of
a publicly owned business, at least 51 percent of
the stock is owned by one or more minority
DEP Agreement No.11,$ @f?nent C,Page 3 of 7
individuals;and (2) whose daily business efforts for utilizing MBEs and WBEs must be
operations are managed and directed by one or documented. Such documentation is subject to
more of the minority owners. In order to qualify EPA review upon request:
and participate as an MBE prime or subcontractor
for EPA recipients under EPA's DBE Program, an 1. Ensure DBEs are made aware of contracting
entity must be properly certified as required by 40 opportunities to the fullest extent practicable
CFR Part 33,Subpart B. through outreach and recruitment activities.
For Indian Tribal,State and Local and
U.S. citizenship is required. Recipients shall Government recipients,this will include placing
presume that minority individuals include Black DBEs on solicitation lists and soliciting them
Americans, Hispanic Americans, Native Americans, whenever they are potential sources.
Asian Pacific Americans,or other groups whose
members are found to be disadvantaged by the 2. Make information on forthcoming
Small Business Act or by the Secretary of opportunities available to DBEs and arrange
Commerce under section 5 of Executive order time frames for contracts and establish delivery
11625. The reporting contact at EPA can provide schedules, where the requirements permit, in a
additional information. way that encourages and facilitates
participation by DBEs in the competitive
A woman business enterprise MBE) is a business process.This includes,whenever possible,
concern that is, (1)at least 51 percent owned by posting solicitations for bids or proposals for a
one or more women,or, in the case of a publicly minimum of 30 calendar days before the bid or
owned business, at least 51 percent of the stock is proposal closing date.
owned by one or more women and(2)whose daily
business operations are managed and directed by 3. Consider in the contracting process whether
one or more of the women owners. In order to firms competing for large contracts could
qualify and participate as a WBE prime or subcontract with DBEs. For Indian Tribal, State
subcontractor for EPA recipients under EPA's DBE and local Government recipients,this will
Program,an entity must be properly certified as include dividing total requirements when
required by 40 CFR Part 33, Subpart B. economically feasible into smaller tasks or
quantities to permit maximum participation by
DBEs in the competitive process.
Business firms which are 51 percent owned by
minorities or women, but are in fact not managed 4. Encourage contracting with a consortium of
and operated by minorities or females do not DBEs when a contract is too large for one of
qualify for meeting MBE/WBE procurement goals. these firms to handle individually.
U.S. Citizenship is required.
5. Use the services and assistance of the SBA and
Good Faith Efforts the Minority Business Development Agency of
the Department of Commerce.
A recipient is required to make the following good 6. If the prime contractor awards subcontracts,
faith efforts whenever procuring construction, require the prime contractor to take the steps
equipment,services, and supplies under an EPA in paragraphs (a)through (e)of this section.
financial assistance agreement. These good faith
DEP Agreement No.1;ivitaament C,Page 4 of 7
C. Instructions for Part I: 5A. Provide the total amount of the Assistance
Agreement which includes Federal funds plus
1A. Specify Federal fiscal year this report covers. recipient matching funds and funds from other
The Federal fiscal year runs from October 1st sources.
through September 30th (e.g. November 29,2014
falls within Federal fiscal year 2015) *For SRF recipients only:SRF recipients will not
enter an amount in 5a. SRF recipients should check
1B. Specify report type. Check the annual the"N/A" box.
reporting box. Also indicate if the project is
completed. 5B. Self-explanatory.
1C. Indicate if this is a revision to a previous year SC. Provide the total dollar amount of ALL
and provide a brief description of the revision you procurements awarded this reporting period by the
are making. recipient, sub-recipients,and SRF loan recipients,
including MBE/WBE expenditures, not just the
2A-B. Please refer to your financial assistance portion which exceeds$150,000. For example:
agreement for the mailing address of the EPA Actual dollars for procurement from the procuring
financial assistance office for your agreement. office;actual contracts let from the contracts
office;actual goods,services,supplies, etc.,from
other sources including the central purchasing/
The "EPA DBE Reporting Contact" is the DBE procurement centers).
Coordinator for the EPA Region from which your
financial assistance agreement was originated. For
a list of DBE Coordinators please refer to the EPA *NOTE:To prevent double counting on line 5C, if
OSBP website at http://epa.gov/osbp/dbe_cord. any amount on SE is for a subcontract and the
prime contract has already been included on Line
SC in a prior reporting period,then report the
3A-B. Identify the agency, state authority, amount going to MBE or WBE subcontractor on
university or other organization which is the line 5E, but exclude the amount from Line SC. To
recipient of the Federal financial assistance and the include the amount on 5C again would result in
person to contact concerning this report. double counting because the prime contract, which
includes the subcontract, would have already been
4A. Provide the Assistance Agreement number reported.
assigned by EPA.A separate report must be
submitted for each Assistance Agreement. *For SRF recipients only: In 5c please enter the
total annual procurement amount under all of your
*For SRF recipients: In box 4a list numbers for ALL SRF Assistance Agreements.The figure reported in
OPEN Assistance Agreements being reported on this section is not directly tied to an individual
this form. Assistance Agreement identification number. (SRF
state recipients report state procurements in this
section)
4B. Refer back to Assistance Agreement
document for this information.
DEP Agreement No.Ld140134tnent C,Page 5 of 7
5D. State whether or not sub-awards and/or 2. Check either the MBE or WBE column. If a
subcontracts have been issued under the financial firm is both an MBE and WBE,the recipient may
assistance agreements by indicating "yes"or"no". choose to count the entire procurement towards
EITHER its MBE or WBE accomplishments. The
5E. Where requested,also provide the total recipient may also divide the total amount of the
dollar amount of all MBE/WBE procurement procurement(using any ratio it so chooses) and
awarded during this reporting period by the count those divided amounts toward its MBE and
recipient, sub-recipients,SRF loan recipients,and WBE accomplishments. If the recipient chooses to
prime contractors in the categories of construction, divide the procurement amount and count portions
equipment, services and supplies.These amounts toward its MBE and WBE accomplishments, please
include Federal funds plus recipient matching funds state the appropriate amounts under the MBE and
and funds from other sources. WBE columns on the form. The combined MBE
and WBE amounts for that MBE/WBE contractor
must not exceed the"Value of the Procurement"
6. If there were no MBE/WBE accomplishments reported in column#3
this reporting period,please briefly how certified
MBEs/WBEs were notified of the opportunities to
compete for the procurement dollars entered in 3. Dollar value of procurement.
Block 5C and why certified MBEs/WBEs were not
awarded any procurements during this reporting 4. Date of procurement,shown as month, day,
period. year. Date of procurement is defined as the date
the contract or procurement was awarded, not the
7. Name and title of official administrator or date the contractor received payment under the
designated reporting official. awarded contract or procurement, unless payment
occurred on the date of award. (Where direct
purchasing is the procurement method,the date
8. Signature, month,day, and year report of procurement is the date the purchase was
submitted. made)
D.Instructions for Part II: 5. Using codes at the bottom of the form,
identify type of product or service acquired through
For each MBE/WBE procurement made under this this procurement(e.g., enter 1 if construction, 2 if
financial assistance agreements during the supplies,etc.).
reporting period, provide the following
information: 6. Name,address, and telephone number of
MBE/WBE firm.
1. Check whether this procurement was made
by the recipient,sub-recipient/SRF loan recipient,
or the prime contractor.
DEP Agreement No.I,BVId@bbment C,Page 6 of 7
**This data is requested to comply with provisions mandated by: statute or regulations(40 CFR Parts 30, 31,and
33 and/or 2 CFR Parts 200 and 1500);OMB Circulars;or added by EPA to ensure sound and effective assistance
management. Accurate,complete data are required to obtain funding, while no pledge of confidentiality is
provided.
The public reporting and recording burden for this collection of information is estimated to average I hour per
response annually. Burden means the total time,effort,or financial resources expended by persons to
generate, maintain, retain, or disclosure or provide information to or for a Federal agency. This includes the
time needed to review instructions;develop, acquire, install, and utilize technology and systems for the
purposes of collecting,validating,and verifying information, processing and maintaining information, and
disclosing and providing information;adjust the existing ways to comply with any previously applicable
instructions and requirements;train personnel to be able to respond to a collection of information; search data
sources;complete and review the collection of information; and transmit or otherwise disclose the
information. An agency may not conduct or sponsor,and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.
Send comments on the Agency's need for this information, the accuracy of the provided burden estimates,and
any suggested methods for minimizing respondent burden, including through the use of automated collection
techniques to the Director, OPPE Regulatory Information Division, U.S. Environmental Protection Agency(2136),
1200 Pennsylvania Avenue, NW,Washington, D.C. 20460. Include the OMB Control number in any
correspondence. Do not send the completed form to this address.
DEP Agreement No.1,INffiament C,Page 7 of 7
ATTACHMENT D
Contract Payment Requirements
Florida Department of Financial Services,Reference Guide for State Expenditures
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category
(salary, travel, expenses, etc.). Supporting documentation must be provided for each amount for which
reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of
copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures
for categories in the approved contract budget should be reimbursed.
Listed below are examples of the types of documentation representing the minimum requirements:
(1) Salaries: A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of
the employee (e.g., insurance premiums paid). If the contract specifically states that
fringe benefits will be based on a specified percentage rather than the actual cost of fringe
benefits,then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies
of checks for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061,Florida Statutes,
which includes submission of the claim on the approved State travel voucher or
electronic means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property
is purchased using State funds,the contract should include a provision for the transfer of
the property to the State when services are terminated. Documentation must be provided
to show compliance with Department of Management Services Rule 60A-1.017,Florida
Administrative Code,regarding the requirements for contracts which include services and
that provide for the contractor to purchase tangible personal property as defined in
Section 273.02,Florida Statutes,for subsequent transfer to the State.
(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be
reimbursed on a usage log which shows the units times the rate being charged. The rates
must be reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate,then the
calculation should be shown.
Contracts between state agencies, and or contracts between universities may submit alternative documentation to
substantiate the reimbursement request that maybe in the form of FLAIR reports or other detailed reports.
The Florida Department of Financial Services,online Reference Guide for State Expenditures can be found at this
web address: bttp://www.fldfs.com/aadir/reference jruide.htm
DEP Agreement No.LP05052,Attachment D,Page I of I
ATTACHMENT E
PROGRESS REPORT FORM
DEP Agreement No.:
Grantee Name:
Grantee Address:
Grantee's Grant Manager: Telephone No.:
Reporting Period:
Project Number and Title:
Provide the following information for all tasks and deliverables identified in the Grant
Work Plan: a summary of project accomplishments for the reporting period; a comparison
of actual accomplishments to goals for the period; if goals were not met, provide reasons
why; provide an update on the estimated time for completion of the task and an
explanation for any anticipated delays and identify by task.
NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan.
The following format should be followed:
Task 1:
Progress for this reporting period:
Identify any delays or problems encountered:
This report is submitted in accordance with the reporting requirements of DEP Agreement No.
G0436 and accurately reflects the activities associated with the project.
Signature of Grantee's Grant Manager Date
DEP Agreement No.LP05052,Attachment E,Page 1 of 1
ATTACHMENT F
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection(which may be referred to
as the "Department", "DEP", "FDEP"or "Grantor", or other name in the contract/agreement) to the recipient
(which may be referred to as the "Contractor", Grantee"or other name in the contract/agreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection,as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97,F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by
Department staff,limited scope audits as defined by OMB Circular A-133,as revised,and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Department of Enviromnental Protection. In the event the
Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the
recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding
such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I:FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133,as revised.
1. In the event that the recipient expends$500,000 or more in Federal awards in its fiscal year,the recipient
must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular
A-133,as revised.EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year,the recipient shall consider all sources of Federal awards,including Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,
as revised,will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I,paragraph 1, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as
revised.
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133,as revised, is not required. In the event that the
recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular A-133,as revised,the cost of the audit must
be paid from non-Federal resources(i.e.,the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http://12.46.245.173/efda/cfda.html.
DEP Agreement No.LP05052,Attachment F,Page 1 of 5
PART II:STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2Xm),Florida Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient,the recipient must have a State single or project-specific audit
for such fiscal year in accordance with Section 215.97,Florida Statutes;applicable rules of the Department
of Financial Services;and Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit
organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial
assistance awarded through the Department of Environmental Protection by this Agreement. In
determining the state financial assistance expended in its fiscal year,the recipient shall consider all sources
of state financial assistance, including state financial assistance received from the Department of
Environmental Protection,other state agencies,and other nonstate entities. State financial assistance does
not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal
program matching requirements.
2. In connection with the audit requirements addressed in Part II,paragraph 1;the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7),Florida Statutes. This includes submission
of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
3. If the recipient expends less than$500,000 in state financial assistance in its fiscal year,an audit conducted
in accordance with the provisions of Section 215.97,Florida Statutes,is not required. In the event that the
recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an
audit conducted in accordance with the provisions of Section 215.97,Florida Statutes,the cost of the audit
must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at httvs://anas.fldfs.com/fsaa for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website at http://www.leg.state.tl.us/Welcome/in4ex.cfm, State of Florida's website at
httv://www.mvflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/ and the
Auditor General's Website at)ttgr//www.state.fl.us/audgen.
PART III:OTHER AUDIT REQUIREMENTS
(NOTE,. This part would be used to sped any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy(e.,the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida
Statutes,State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must
arrange for funding the full cost of such additional audits.)
PART IV:REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133,as revised,and
required by PART 1 of this Attachment shall be submitted, when required by Section .320 (d), OMB
Circular A-133,as revised,by or on behalf of the recipient directly to each of the following:
DEP Agreement No.LP05052,Attachment F,Page 2 of 5
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Electronically:
FDEPSingleAudit@dep,state.fl.us
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (dxl) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse),at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville,IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can
be found at http://harvester.census.gov/fac/
C. Other Federal agencies and pass-through entities in accordance with Sections.320(e)and(f),
OMB Circular A-133,as revised.
2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management
letters issued by the auditor,to the Department of Environmental Protection at one the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Electronically:
FDEPSingteAudit(a,dep.state.fl.us
3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Electronically:
FDEPSingleAudit®dev.state.fl.us
DEP Agreement No.LP05052,Attachment F,Page 3 of 5
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401,Claude Pepper Building
l l 1 West Madison Street
Tallahassee,Florida 32399-1450
4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at one of the following
addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Electronically:
FDEPSingleAudit c@dep.state.fl.us
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133,Florida Statutes,or Chapters 10.550(local governmental entities)or 10.650(nonprofit and
for-profit organizations),Rules of the Auditor General,as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-133,or Chapters 10.550(local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
PART V:RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee,Chief Financial Officer,or Auditor General upon request for a period of 3 years from the date the
audit report is issued,unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No.LP05052,Attachment F,Page 4 of 5
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ATTACHMENT G Approved by OMB
0348-0046
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
(See reverse for public burden disclosure.)
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract Ela. bid/offer/application a. initial filing
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee
f. loan insurance year quarter
date of last report
4. Name and Address of Reporting Entity: 5. If Reporting Entity In No.4 is Subawardee,Enter Name
and Address of Prime:
0 Prime 0 Subawardee
Tier ,if known:
Congressional District,if known: Congressional District,if known:
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number,if applicable:
8. Federal Action Number,if known: 9. Award Amount,if known:
$
10. a. Name and Address of Lobbying Entity b. Individuals Performing Services(including address if
(if individual,last name,first name,MI): different from No. !Oa)
(last name.first name,MI):
(attach Continuation Sheet(s) SF-LEGA,if necessary)
Signature:
11. Information requested through this form is authorized by title 31 U.S.C.
section 1352. This disclosure of lobbying activities is ■ material Print Name:
representation of fact upon which reliance was placed by the tier above
when this transaction was made or entered into. This disclosure is required
pursuant to 31 U.S.C.1352. This information will be reported to Congress Title:
semi-annually and will be available for public inspection. Aoy person who
fails to Tde the required disclosure shall be subject to a civil penalty of not Telephone No.: Date:
less than 510,000 and not more than 5100,000 for each such failure.
Federal Use Only: Authorized for Local Reproduction
Standard Form-LLL (Rev 7-97)
Form DEP 55-221(01/01)
DEP Agreement No. LP05052,Attachment G,Page 1 of 2
INSTRUCTIONS FOR COMPLETION OF SF-LLL,DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at
the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31
U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any
lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with a covered
Federal action. Complete all items that apply for both the Initial filing and material change report. Refer to the
implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to
influence the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material
change to the information previously reported,enter the year and quarter in which the change occurred.
Enter the date of the last previously submitted report by the reporting entity for this covered Federal
action.
4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional
District, if known. Check the appropriate classification of the reporting entity that designates if it is or
expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first
subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts,
subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks "Subawardee", then enter the full name, address,
city,state and zip code of the prime Federal recipient. Include Congressional District,if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one
organizational level below agency name,if known. For example,Department of Transportation,United
States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action(Item 1). If known,enter
the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements,
loans,and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in
item 1 (e.g.,Request for Proposal(RFP)number; Invitation for Bid(IFB)number;grant announcement
number; the contract, grant, or loan award number; the application/proposal control number assigned
by the Federal agency). Include prefixes,e.g.,"RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,
enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name,address,city,state and zip code of the lobbying entity engaged by the reporting
entity identified in item 4 to influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services, and include full address if different
from 10(a). Enter Last Name,First Name,and Middle Initial(MI).
11. The certifying official shall sign and date the form,print his/her name,title and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it
displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No.0348-0046. Public
reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing
instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions
for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(0348-0046),Washington,D.C. 20503.
Form DEP 55-221 (01/0 1)
DEP Agreement No. LP05052,Attachment G,Page 2 of 2
ATTACHMENT H
Fm Amo!OW MO.a'A0030 Awns.'Don 12131.02
LOBBYING AND LITIGATION CERTIFICATE*
I hereby certify that none of these funds have been used to engage in the lobbying of
the Federal Government or in litigation against the United States unless authorized
under existing law.
Assistance AgreementNumber(s)**
Chief Executive Officer
Date
*Complete this form pursuant to the 2001 Department of Veterans Affairs and Housing and Urban
Development,and Independent Appropriations Acts,Public Law 106-277,Section 424 and 2000 Department
of Veterans Affairs and Housing and
Urban Development,and Independent Appropriations Acts,Public Law 106-74,Section 426 and any other
subsequent Appropriation Act requirements.
**If certifying for mare than one grant number and more space is needed,please list additional numbers in
the space provided below:
Please mail this form to your Grant Specialist DO NOT send this information to the Office of Management&Budget
Burden Statement-The annual public reporting and record keeping burden for this collection of information is estimated to average
5 minutes per respondent. Burden means the total time,effort,or financial resources expended by persons to'mask,maintain,
retain,or disclose or provide information to or fora Federal agency. This includes the time needed to review=ructions;devdop,
acquire,install,and utilize technology and systems for the purposes of collecting,validating,and verifying information,processing
and maintaining information,and disclosing and providing information;adjust the existing ways to comply with any previously
applicable instructions and requirements;train persomel to be able to respond to a collection of information;search data sources;
complete and review the collection of information;and transmit or otherwise disclose the information. An agency may not conduct
or sponsor,and a person is not required to respond to,a collection of information unless it displays a currently valid OMB control
number. The OMB control numbers for EPA's regulations arc listed in 40 CFR Prt 9 and 48 CFR Chapter 15.
Send comments on the Agency's need for this information,the accuracy of the provided burden estimates,and my suggested
methods for minimizing respondent burden,including through the use of autanaed collection techniques to the Director,
Regulatory Information Division,U.S.Fnviromnental Protection Agency(2137),401 M St.,S.W.Washington,D.C.20460;and to
the Office of Information and Regulatory Affairs,Office of Management and Budget,725 17th Street,NW,Washington,DC
20503,Attention:Desk Officer for EPA. Include the EPA ICR number and OMB eoatrol armba in any cotrespondence.
EPA Form 5700-53(Rev.2-02)
DEP Agreement No.LP05052,Attachment H,Page 1 of 1
ATTACHMENT I
QUALITY ASSURANCE REQUIREMENTS
I. All sampling and analyses performed under this Contract must conform to the requirements set forth in Chapter
62-160,Florida Administrative Code(F.A.C.)and"Requirements for Field and Analytical Work performed for
the Department of Environmental Protection under Contract"(DEP-OA-002/02),February 2002.
2. )LABORATORIES
a. The GRANTEE shall ensure that all standard laboratory testing activities are performed by laboratories
• certified by the Florida Department of Health Environmental Laboratory Certification Program(DoH
ELCP)for all applicable matrix/method/analyte combinations to be measured. For non-potable water
matrix,the certification requirement is considered satisfied if the laboratory is certified for the contracted
analyte in at least one method that uses the same analytical technology as the contract-proposed method.
b. If the laboratory is not certified for some or all of the proposed test measurements,the laboratory shall
apply for certification within one month of Contract execution. Within six months of Contract execution,
the laboratory shall be fully certified for all applicable matrix/method(or analytical technology)/analyte
combinations to be performed. Regardless of when the laboratory receives certification,the laboratory
must implement all applicable standards of the National Environmental Laboratory Accreditation
Conference(NELAC)upon Contract execution.
c. Laboratories shall maintain certification as specified in item 2.a above during the life of the Contract.
Should certification for an analyte or test method be lost,all affected tests shall be immediately sub-
contracted to a laboratory with current DoH ELCP certification in the appropriate matrix/method/analyte
combination(s). The GRANTEE shall notify the DEP contract manager in writing before any change to a
sub-contracted laboratory is made.
d. A copy of the DoH ELCP Certificate and the associated list of specific fields of accreditation for each
contracted or sub-contracted laboratory shall be provided to the DEP contract manager upon Contract
execution or upon receiving DoH certification(see items 2.a and 2.b above).
e. The GRANTEE shall ensure that an acceptable initial demonstration of capability(IDOC),as described in
Appendix C of Chapter 5 of the NELAC Standards is performed. Each laboratory that performs any of the
proposed matrix/method(or analytical technology)/analyte combination(s)must have the requisite IDOC
documentation and supporting laboratory records. IDOCs shall be performed and shall meet the contract
specified requirements for precision,accuracy,and the method detection limit(MDL)and/or practical
quantitation limit(PQL)before the test procedure is used to generate data for this Contract. If requested by
the Department,documentation that supports the IDOC shall be made available for review.
L When performance test samples are not required by DoH ELCP for certification,the laboratory shall
obtain,analyze and evaluate performance test samples,standard reference materials(SRM)or other
externally assayed quality control(QC)samples,hereinafter known collectively as quality control check
(QCC)samples.
(i) The laboratory shall ensure that the selected QCC samples(s)represent all matrix/method/analyte
combinations that are not subject to certification requirements.
(ii) These samples shall be analyzed at six-month intervals and the results shall be within the acceptable
range established by the QCC sample provider.
(iii)Before providing analytical services for this Contract,the laboratory must provide to the DEP contract
manager the results of the QCC sample(s)and the associated acceptable range(s)as established by the
QCC sample provider. The submitted results must be from QCC samples that have been completed
within the previous six months prior to the submission date.
g. Any non-standard laboratory procedures or methods that are proposed for use(i.e.,those not approved by
DEP for standard environmental analyses)shall be submitted for review and approval in accordance with
DEP-QA-001/01,"New and Alternative Analytical Laboratory Methods,"February 1,2004. These
procedures or methods shall be approved by the DEP contract manager before use under this Contract and
must be cited or described in the required planning document(see Section 6).
h. The GRANTEE shall ensure that Practical Quantitation Limits(PQLs)and Method Detection Limits
(MDLs)are listed in the planning document(see Section 6).
1. The GRANTEE shall ensure that the selected laboratory test methods listed in the planning document can
provide results that meet the Contract data quality objectives.
j. The GRANTEE shall ensure that all laboratory testing procedures follow the analytical methods as
approved in the planning document(see Section 6).
DEP Agreement No.LP05052,Attachment I,Page 1 of 5
k. The GRANTEE shall ensure that the all laboratory quality control measures for standard methods are
consistent with Chapter 5 of the NELAC standards.
1. In addition,the GRANTEE shall ensure that the quality control requirements specified in the attached
addenda are followed.
m. The GRANTEE shall ensure that all sample results are calculated according to the procedures specified in
the analytical methods approved in the planning document.
3. FIELD Acrivrrws
a. "Sample"refers to samples that have been either collected or analyzed under the terms of this Contract.
b. The GRANTEE shall ensure that all sample collection and field testing activities are performed in
accordance with applicable Department"Standard Operating Procedures for Field Activities"(PEP-SOP-
001/01,March 1,2014). The specific standard operating procedures(SOPs)to be used for this Contract
shall be cited in the planning document(see Section 6). SOPs for field sample collection or testing not
included in the Department's SOPs shall be included or cited in the planning document.
c. Any non-standard field procedure shall be submitted for review and approval to the DEP contract manager.
All non-standard procedures and methods must be approved by the DEP contract manager before use under
this Contract and must be cited or described in the planning document.
d. Per the quality control measures outlined in DEP SOP FO 1000,the GRANTEE shall ensure that the
following field quality controls(and any additional quality control measures specified in the addenda)are
incorporated into the project design for applicable test methods:
(i) Matrix-Related Quality Controls-The GRANTEE shall ensure that the laboratory is provided with
sufficient sample volume to analyze at least one set of matrix spikes and either matrix space duplicates
or laboratory duplicates as follows:
(1) The first time a sample from a sample collection matrix(see Table FA 1000-1 in DEP SOP EA
1000)is collected;
(2) One in each additional 20 samples of the sample collection matrix,after the first 20 samples;and
(3) The last time samples are collected for the sample collection matrix.
(ii) Field-Generated Quality Control(QC)Blanks—Blanks associated with field activities as defined in
part FQ 1210 of DEP SOP FQ 1000 shall be collected according to the requirements of part FQ 1230.
(1) If an analyte detected in the sample is also found in any field-generated QC blank that is
associated with the sample,the GRANTEE shall investigate and attempt to determine the cause of
the QC blank contamination. The outcome of this investigation shall be reported and shall include
a discussion of the corrective measures taken to minimize future occurrences of QC blank
contamination.
(2) If an analyte detected in the sample is also found in any field-generated QC blank that is
associated with the sample,the GRANTEE shall ensure that the analyte in any affected sample is
reported as estimated("G"data qualifier code,with a narrative explanation),unless the analyte
concentration in the blank is 510%of the reported concentration in the associated sample.
4. REPORTING.DOCUMENTATION AND RECORDS RETENTION
a. The GRANTEE shall ensure that all laboratory and field records applicable to the Contract,as outlined in
Rules 62-160.240 and.340,F.A.C.are retained for a minimum of five years after the generation or
completion of records.
b. All field and laboratory records that are associated with work performed under this Contract shall be
organized so that any information can be quickly and easily retrieved for inspection,copying or
distribution.
c. The GRANTEE shall ensure that all laboratory reports for standard methods are issued in accordance with
NELAC requirements. These reports shall be submitted to the DEP contract manager and shall include the
following information:
► Laboratory sample identification(ID)and associated Field ID
► Analytical/test method
► Parameter/analyte name
► Analytical result(including dilution factor)
► Result unit
► Applicable DEP Qualifiers per Table 1 of Chapter 62-160,F.A.C.
► Result comment(s)to include corrective/preventive actions taken for any failed QC measure(e.g.,
QC sample,calibration failure)or other problem related to the analysis of the samples
► Date and time of sample preparation(if applicable)
DEP Agreement No.LP05052,Attachment I,Page 2 of 5
► Date and time of sample analysis
► Results of laboratory verification of field preservation
► Sample matrix
► DoH ELCP certification number for each laboratory(must be associated with the test result(s)
generated by the laboratory)
► MDL,LOD or other defined limit of detection
► PQL,LOQ or other defined limit of quantification
► Sample type(such as blank type,duplicate type)
► Field and laboratory QC blank results:
• Laboratory QC blank analysis results as required by the method,NELAC Chapter 5 and
the planning document(see Section 6 below);
• Field quality control results including field blanks,equipment blanks,and field duplicates
(or replicates)as specified in the planning document(see Section 6)
► Results of sample matrix spikes,laboratory duplicates or matrix spike duplicates,as applicable
► Results of surrogate spike analyses(if performed)
► Results of laboratory control samples(LCS)
► Link between each reported quality control measure(e.g.,QC blanks,matrix spikes,LCS,
duplicates,calibration verification)and the associated sample result(s)
► Acceptance criteria used to evaluate each reported quality control measure
d. The GRANTEE shall ensure that the following field-related information is reported to the DEP contract
manager
► Site namoand location information
► Field ID for each sample container and the associated analytes(test methods)for which the
container was collected
► Date and time of sample collection
► Sample collection depth
► Sample collection method identified by the DEP SOP number,where applicable
► If performed,indicate samples that were filtered
► Field test measurement results:
• DEP SOP number(FT-series),where applicable
• Parameter name
• Result
• Result unit
• Applicable Data Qualifiers per Table 1 of Chapter 62-160,F.A.C.
► Narrative comments discussing corrective/preventive actions taken for any failed QC measure
(e.g.,blank contamination,meter calibration failure,split sample results),unacceptable field
measurement or other problems related to the sampling event.
e. The Department reserves the right to request some or all of the laboratory or field information in a specified
format.
5. The GRANTEE shall submit the data electronically using the format identified in QAPP
6. AUDrrs
a. AUDr's BY THE DEPARTMENT—Pursuant to Rule 62-160.650,F.A.C.,the Department may conduct audits
of field and/or laboratory activities. In addition to allowing Department representatives to conduct onsite
audits,the GRANTEE,upon request by the Department,must provide all field and laboratory records
pertinent to the contracted field and laboratory activities. If an audit by the Department results in a
determination that the reported data are not usable for the purpose(s)or do not meet the data quality
objectives specified by the Contract,the DEP contract manager shall pursue remedies available to the
Department,including those outlined in Section 8 below.
b. PLANNING REVIEW AUDITS—
(i) Initial: Prior to the completion of the sampling and analysis events and after the second completed
sampling and analysis event but no later than fourth,the GRANTEE and all associated subGRANTEEs
shall review the planning document(see Section 6 below)relative to the completed field and
laboratory activities to determine if the data quality objectives are being met,identify any
improvements to be made to the process,and refine the sampling and/or analytical design or schedule.
Within one month of the review,a summary of the review,including any corrective action plans or
DEP Agreement No.LP05052,Attachment I,Page 3 of 5
amendments to the planning document,shall be sent to the DEP contract manager and a copy shall be
maintained with the permanent project records.
(ii) Ongoing: Planning reviews as described in item(i)above shall occur annually,if applicable.
c. QUALITY SYSTEMS AUDITS—The GRANTEE and all subGRANTEEs shall ensure that any required
laboratory and field quality system audits are performed according to the respective quality manuals or
other relevant internal quality assurance documents for each contracted and sub-contracted entity. These
audits shall be documented in the GRANTEE's and subcontractors'records.
d. STATEMENTS OF USABILITY—As a part of the audit process and the final report,the GRANTEE shall
provide statements about data usability relative to the Contract Data Quality Objectives and Data Quality
Indicators specified in the planning document,this attachment and the addenda.
(i) The GRANTEE shall ensure that all applicable data quality acceptance and usability criteria are listed
in the planning document.
(ii) The GRANTEE shall ensure that the results of all quality control measures are evaluated according to
the acceptance criteria listed in the planning document GRANTEE.
(iii)The GRANTEE shall ensure that all sample results are evaluated according to all applicable usability
criteria specified in the planning document.
7. PLANNING DOCUMENT
a. The GRANTEE shall submit the planning document identified below to the DEP contract manager no later
than 120 days prior to the commencement of field and laboratory activities. Failure to submit the planning
document in this required timeframe shall result in a delay of approval to begin work until the document
has been submitted to the Department and approved by the DEP contract manager. The document shall be
submitted as a Quality Assurance Project Plan(QAPP). The plan shall be consistent with the EPA
Document EPA-QA/R-5,EPA Requirements for Quality Assurance Project Plans,dated March 2001.
b. The GRANTEE and subGRANTEEs may submit a version of the planning document to the Department for
approval no more than three times. If the GRANTEE fails to obtain approval for the planning document
after the third(final)submission to the Department,the DEP contract manager may suspend or terminate
the Contract.
c. The DEP Contract number shall appear on the title page of the submitted planning document. Within forty-
five(45)days of receipt of the properly identified planning document by the Department,the Department
shall review and either approve the planning document or provide comments to the GRANTEE and
affected subGRANTEEs as to why the planning document is not approved. If further revisions are needed,
the GRANTEE shall then have fifteen(15)days from the receipt of review comments to respond. The
Department shall respond to all revisions to the planning document within thirty(30)days of receipt of any
revisions.
d. If the review of the planning document by the Department is delayed,through no fault of the GRANTEE,
beyond sixty(60)days after the planning document is received by the Department,the GRANTEE shall
have the option,after the planning document is approved,of requesting and receiving an extension in the
term of the Contract for a time period not to exceed the period of delayed review and approval. This option
must be exercised at least sixty(60)days prior to the current termination date of the Contract.
e. Work may not begin for specific Contract tasks until approval(or conditional approval)has been received
by the GRANTEE from the DEP contract manager. Sampling and analysis for the Contract may not begin
until the planning document has been approved(or conditionally approved).
f. Once approved,the GRANTEE shall follow the protocols specified in the approved planning document
including,but not limited to:
► Ensuring that all stated quality control measures are collected,analyzed and evaluated for
acceptability;
► Using only the protocols approved in the planning document;and
► Using only the equipment approved in the planning document.
g. If any significant changes in procedures or test methods,changes in equipment,changes in subGRANTEE
organizations or changes in key personnel occur,the GRANTEE shall submit appropriate revisions of the
planning document to the DEP contract manager for review. The proposed revisions may not be
implemented until they have been approved by the DEP contract manager. If the GRANTEE fails to
submit the required revisions,the DEP contract manager may suspend or terminate the Contract. These
amendments shall be
DEP Agreement No.LP0S0S2,Attachment I,Page 4 of 5
(i) Documented through written or electronic correspondence with the DEP contract manager and
incorporated into the approved planning document.
8. DELIVERABLES
a. The following lists the expected schedule for the deliverables that are associated with the Quality
Assurance requirements of this Contract:
(i) Copy of Doll ELCP Certificate(s)and the associated list(s)of specific fields of accreditation,per item
2.d above.
(ii) Copies of the QCC sample results per item 2.f.above.
(iii)Non-standard laboratory or field procedures—The GRANTEE shall submit to the DEP contract
manager all required information necessary for review of non-standard procedures per items 2.g.and
3.c.above.
(iv) Reports of planning review audits as specified in item 5.b.above.
(v) Statements of Usability as specified in item 5.d.above.
(vi) Planning document per Section 6,above.
9. CONSEOUENCES
a. Failure to comply with any requirement of this attachment may result in:
(i) Immediate termination of the Contract.
(ii) Withheld payment for the affected activities.
(iii)Contract suspension until the requirement(s)has been met.
(iv) A request to refund already disbursed payments.
(v) A request to redo work affected by the non-compliant activity.
(vi) Other remedies available to the Department.
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DEP Agreement No.LP05052,Attachment I,Page 5 of 5
ATTACHMENT J
Contract Provisions
All contracts awarded by a recipient, including small purchases, shall contain the following provisions as
applicable:
1. Equal Employment Opportunity- All contracts shall contain a provision requiring compliance
with Executive Order (E.O.) 11246, "Equal Employment Opportunity," as amended by E.O.
11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as
supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance
Programs,Equal Employment Opportunity,Department of Labor."
2. Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) - All contracts and
subgrants in excess of$2000 for construction or repair awarded by recipients and subrecipients
shall include a provision for compliance with the Copeland"Anti-Kickback" Act(18 U.S.C. 874),
as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States"). The Act provides that each contractor or subrecipient shall be
prohibited from inducing,by any means,any person employed in the construction,completion,or
repair of public work, to give up any part of the compensation to which he is otherwise entitled.
The recipient shall report all suspected or reported violations to the Federal awarding agency.
3. Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7) - When required by Federal program
legislation, all construction contracts awarded by the recipients and subrecipients of more than
$2000 shall include a provision for compliance with the Davis-Bacon Act(40 U.S.C. 276a to a-7)
and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards
Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction").
Under this Act,contractors shall be required to pay wages to laborers and mechanics at a rate not
less than the minimum wages specified in a wage determination made by the Secretary of Labor.
In addition, contractors shall be required to pay wages not less than once a week. The recipient
shall place a copy of the current prevailing wage determination issued by the Department of Labor
in each solicitation and the award of a contract shall be conditioned upon the acceptance of the
wage determination. The recipient shall report all suspected or reported violations to the Federal
awarding agency.
4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) - Where applicable, all
contracts awarded by recipients in excess of$2000 for construction contracts and in excess of
$2500 for other contracts that involve the employment of mechanics or laborers shall include a
provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety
Standards Act(40 U.S.C.327-333),as supplemented by Department of Labor regulations(29 CFR
part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of
the standard work week is permissible provided that the worker is compensated at a rate of not less
than 1 '/z times the basic rate of pay for all hours worked in excess of 40 hours in the work week.
Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic
shall be required to work in surroundings or under working conditions which are unsanitary,
hazardous or dangerous.These requirements do not apply to the purchases of supplies or materials
or articles ordinarily available on the open market, or contracts for transportation or transmission
of intelligence.
5. Rights to Inventions Made Under a Contract or Agreement- Contracts or agreements for the
performance of experimental, developmental, or research work shall provide for the rights of the
Federal Government and the recipient in any resulting invention in accordance with 37 CFR part
401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Goverrunent Grants, Contracts and Cooperative Agreements," and any implementing regulations
issued by the awarding agency.
DEP Agreement No.LP05052,Attachment J,Page 1 of 4
6. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act, as
amended (33 U.S.C. 1251 et seq.) - Contracts and subgrants of amounts in excess of$100,000
shall contain a provision that requires the recipient to agree to comply with all applicable
standards,orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401 et seq.) and
the Federal Water Pollution Control Act as amended(33 U.S.C. 1251 et seq.). Violations shall be
reported to the Federal awarding agency and the Regional Office of the Environmental Protection
Agency(EPA).
7. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)-Contractors who apply or bid for an award
of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the recipient.
8. Debarment and Suspension (E.O.s 12549 and 12689) - No contract shall be made to parties
listed on the General Services Administration's List of Parties Excluded from Federal Procurement
or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and
Suspension."This list contains the names of parties debarred,suspended,or otherwise excluded by
agencies, and contractors declared ineligible under statutory or regulatory authority other than
E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the
required certification regarding its exclusion status and that of its principal employees.
9. Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and
Section 1424(e) of the Safe Drinking Water Act (42 U.S.C. 300h-3(e)) - Contracts and
subgrants of amounts in excess of$100,000 shall contain a provision that requires the recipient to
agree to comply with all applicable standards,orders or regulations issued pursuant to Section 508
of the Federal Water Pollution Control Act, as amended(33 U.S.C. 1368)and Section 1424(e)of
the Safe Drinking Water Act (42 U.S.C. 300h-3(e)). Violations shall be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency(EPA).
10. Compliance with all Federal statutes relating to nondiscrimination-These include but are not
limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits
discrimination on the basis of sex; (b) Section 504 of the Rehabilitation Act of 1973,as amended
(29 U.S.C. 795), which prohibits discrimination on the basis of handicaps; (c) the Age
Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination
on the basis of age; (d) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as
amended,relating to nondiscrimination on the basis of drug abuse;(e)the Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as
amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (f) Sections
523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as
amended,relating to confidentiality of alcohol and drug abuse patient records;(g)Title VIII of the
Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to nondiscrimination in
the sale, rental or financing of housing; (h)any other nondiscrimination provisions in the specific
statute(s)made;and,(i)the requirements of any other nondiscrimination statute(s)that may apply.
11. Compliance with the requirements of Titles II and III of the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) that provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of Federal or
federally assisted programs. These requirements apply to all interests in real property acquired for
project purposes regardless of Federal participation in purchases.
12. Compliance with the provisions of the Hatch Act(5 U.S.C. 1501—1508 and 7324—7328)that
limit the political activities of employees whose principal employment activities are funded in
whole or in part with Federal funds.
DEP Agreement No.LP05052,Attachment J,Page 2 of 4
13. Compliance,if applicable, with flood insurance purchase requirements of Section 102(a) of
the Flood Disaster Protection Act of 1973 (PL. 93-234) that requires recipients in a special
flood hazard area to participate in the program and to purchase flood insurance if the total cost of
insurable construction and acquisition is$10,000 or more.
14. Compliance with environmental standards which may be prescribed to the following: (a)
institution of environmental quality control measures under the National Environmental Policy
Act of 1969 (P.L. 91-190) and Executive Order 11514; (b) notification of violating facilities
pursuant to E.O. 11738;(c)protection of wetlands pursuant to E.O. 11990;(d)evaluation of flood
hazards in floodplains in accordance with E.O. 11988; (e) assurance of project consistency with
the approved State management program developed under the Coastal Zone Management Act of
1972 (16 U.S.C. 1451 et seq.); (f) conformity with Federal actions to State (Clean Air)
Implementation Plans under Section 176(c)of the Clean Air Act of 1955,as amended(42 U.S.C.
7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking
Water Act of 1974,as amended(P.L.93-523);and(h)protection of endangered species under the
Endangered Species Act of 1973,as amended(P.L.93-205).
15. Compliance with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.)related to
protecting components or potential components of the national wild and scenic rivers system.
16. Compliance with Section 106 of the National Historic Preservation Act of 1966,as amended
(16 U.S.C. 470), E.O. 11593 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974(16 U.S.C.469a-1 et seq.).
17. Compliance with P.L.93-348 regarding the protection of human subjects involved in research,
development,and related activities supported by this award of assistance.
18. Compliance with the Laboratory Animal Welfare Act of 1966 (Pi. 89-544, as amended, 7
U.S.C.2131 et seq.)pertaining to the care,handling,and treatment of warm blooded animals held
for research,teaching,or other activities supported by this Agreement.
19. Compliance with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C.4801 et seq.)that
prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
20. Compliance with the mandatory standards and policies relating to energy efficiency that are
contained in the State energy conservation plan issued in accordance with the Energy Policy and
Conservation Act(Pub.L.94-163,89 Stat.871).
21. Compliance with Geospatial Data Standards must be met by the Grantee under this Agreement.
All geospatial data created must be consistent with Federal Geographic Data Committee endorsed
standards. Information on these standards can be found at www.fadc.gov.
22. Compliance with Nutrient Management Pians for Animal Feeding Operations is required
under this Grant and must have and implement a nutrient management plan that: 1)provides and
maintains buffers or equivalent practices; 2) diverts clean water; 3) prevents direct contact of
confined animals with waters of the United States; 4) addresses animal mortality; 5) addresses
chemical disposal; 6) addresses proper operation and maintenance; 7) addresses record keeping
and testing; 8) maintains proper storage capacity; and 9) addresses rate and timing of land
application of manure and wastewater.
23. Compliance with the Drug Free Workplace Act. The recipient shall comply with the provisions
of the Drug-Free Workplace Act of 1988(Public Law 100-690,Title V,Sec.5153,as amended by
Public Law 105-85, Div. A, Title VIII, Sec. 809, as codified at 41 U.S.C. § 702) and DoC
implementing regulations published at 43 CFR Part 43, "Governmentwide Requirements for
Drug-Free Workplace(Financial Assistance)"published in the Federal Register on November 26,
2003,68 FR 66534),which require that the recipient take steps to provide a drug-free workplace.
24. Compliance with the Buy American Act (41 U.S.C. 10a-10c) By accepting funds under this
Agreement,the Grantee agrees to comply with sections 2 through 4 of the Act of March 3, 1933,
popularly known as the"Buy American Act." The Grantee should review the provisions of the
Act to ensure that expenditures made under this Agreement are in accordance with it. It is the
DEP Agreement No.LP05052,Attachment J,Page 3 of 4
sense of the Congress that,to the greatest extent practicable,all equipment and products purchased
with funds made available under this Agreement should be American-made.
25. Compliance with the Trafficking Victims Protection Act of 2000 (2 CFR Part 175) By
accepting funds under this Agreement,the Grantee agrees to implement the requirements of(g)of
section 106 of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C.
7104(g).
26. Registrations and Identification Information, the Grantee agrees to maintain current
registration in the Central Contractor Registration(www.ccr.gov)System for Award Management
(SAM) at all times during which they have active project funded with these funds. A Dun and
Bradstreet Data Universal Numbering System (DUNS) Number (www.dnb.com) is one of the
requirements for registration in the Central Contractor Registration.
27. 41 USC*4712,Pilot Program for Enhancement of Recipient and Snbrecipient Employee
Whistleblower Protection:This requirement applies to all awards issued after July 1,2013 and
shall be in effect until January 1,2017.
(a)This award,related subawards,and related contracts over the simplified acquisition threshold
and all employees working on this award,related subawards,and related contracts over the
simplified acquisition threshold are subject to the whistleblower rights and remedies in the pilot
program on award recipient employee whistleblower protections established at 41 U.S.C.4712 by
section 828 of the National Defense Authorization Act for Fiscal Year 2013(P.L 112-239).
(b)Recipients,their subrecipieits,and their contractors awarded contracts over the simplified
acquisition threshold related to this award,shall inform their employees in writing,in the
predominant language of the workforce,of the employee whistleblower rights and protections
under 41 U.S.C.4712.
(c)The recipient shall insert this clause,including this paragraph(c),in all subawards and in
contracts over the simplified acquisition threshold related to this award.
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•
DEP Agreement No.LP05052,Attachment J,Page 4 of 4
ATTACHMENT K
REGULATIONS
Formal regulations concerning administrative procedures for EPA grants appear in Title 40 of the Code of
Federal Regulations. Grant program administrative regulations appear in Subchapter B; other regulations
of general applicability appear in Subchapter A. Other EPA regulations also impact grant programs. The
following list contains regulations and Office of Management and Budget Circulars which may apply to
the work performed under this Agreement.
Subchapter A-General
40 C.F.R.4 Uniform relocation assistance and real property acquisition for federal and federally
assisted programs
40 C.F.R. 12 Nondiscrimination on the basis of handicap in programs or activities conducted by
EPA
40 C.F.R. 29 Intergovernmental review of EPA programs and activities
40 C.F.R. 30 Uniform administrative requirements for grants and agreements with institutions of
higher education,hospitals and other nonprofit organizations
Subchapter B—Grants and Other Federal Assistance
40 C.F.R. 31 Uniform administrative requirements for grants and cooperative agreements to state
and local governments
40 C.F.R. 34 New restrictions on lobbying
40 C.F.R. 35 State and local assistance
40 CFR 36 Drug-Free Workplace Act
Other Federal Regulations
48 C.F.R. 31 Contract Cost Principles and Procedures,or uniform cost accounting standards that
comply with cost principles acceptable to the federal agency
2 CFR 1532 Nonprocurement Suspension and Debarment Regulations
Office of Management and Budget Circulars
A-21 (2 CFR 220) Cost Principles for Educational Institutions
A-87(2 CFR 225) Cost Principles for State,Local,and Indian Tribal Governments
A-122 (2 CFR Cost Principles for Non-Profit Organizations
230)
A-133 Audit Requirements
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•
DEP Agreement No.LP05052,Attachment K,Page 1 of 1
a r. City of Cape Canaveral
■
City Council Agenda Form
Meeting Date: 3/22/2016
Item No. �p
Subject: Approve the Final Plat for property located at 8899 Astronaut Boulevard — RaceTrac
Petroleum, Inc.
Department: Community Development
Summary: RaceTrac Petroleum, Inc. (Applicant) is requesting approval of the Final Plat
(Attachment 1) associated with redevelopment of the Cape Canaveral RaceTrac gas station
located at 8899 Astronaut Boulevard (Attachment 2); the property is zoned C-1.
As described in the Applicant's letter dated December 23, 2014 (Attachment 3), the overall
project includes demolition of existing improvements and construction of a new 5,928 square
foot convenience store. The proposed Preliminary Plat has been requested as the vacant parcel to
the north will be added to the existing parcel to accommodate a larger retention area.
Chapter 98, Article II of the City Code spells out the process by which the City will review and
approve the Final Plat. In general, the process consists of three steps: 1 — Staff conducts a pre-
application meeting with the Applicant to determine if the application is adequate; 2 — the
Planning & Zoning Board holds a public meeting and makes a recommendation on the proposed
Plat; 3 —City Council holds a public hearing and takes final action on the request.
Consistent with Chapter 98-36 of the City Code, a pre-application conference was held with the
City's Development Review Committee and RaceTrac representatives on January 7, 2015, to
discuss the project and requirements of the City's overall platting process.
Sec. 98-41 of the City Code outlines the required information that must be submitted as part of
the application for Final Plat approval. This includes:
➢ Completed Application
➢ Final Plat consistent with F.S. Chapter 177 (Attachment 4)
➢ Topographic Survey (spot elevations if less than 2% slope)
➢ Photos of tract
➢ Filing Fee
➢ Current Title Opinion
The platting process is divided into two steps, Preliminary and Final. The Final Plat can be
approved any time after the Council's approval of the Preliminary Plat (which occurred on
December 15, 2015) and prior to the issuance of a Certificate of Occupancy. The Final Plat
approval process is similar to the Preliminary Plat process in that the Planning & Zoning Board
makes a recommendation to the City Council. The Planning & Zoning Board unanimously
recommended approval of the Final Plat at its meeting on October 28, 2015.
Attached is a memo dated March 1, 2016 (Attachment 5) from John Pekar, P.E., the City
Engineer, recommending approval of the Final Plat. The City Attorney's Office has also
reviewed the submitted materials for consistency with applicable rules/regulations.
City Council Meeting Date: 3/22/2016
Item No. �O
Page 2 of 2
A number of City approvals will be required prior to any redevelopment activity. These include:
1. Community Appearance Board Approval — this will include a review of the architectural
and site plan design themes being proposed. This will be considered by this Board at a
public hearing; and
2. Amend the Special Exception — this will include a review of the existing Special
Exception and any needed modifications to reflect proposed improvements. It has been
pointed out to the applicant that an easement for a frontage road along Astronaut
Boulevard will be requested. This will include public hearings before the Planning and
Zoning Board and the Board of Adjustment; and
3. Site Plan Approval — this review will ensure that the City's technical site plan
requirements are being met such as stormwater and parking standards. This will include
a public hearing before the Planning and Zoning Board.
Submitting Director: David Dickey .7) Date:
Attachments:
1 —Plat Application
2—Location Map
3 —Bowman Consulting Letter/December 23, 2014
4—Final Plat
5 —John Pekar, P.E. Letter/March 1, 2016
Financial Impact: Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial Vi Services Director: John DeLeo i Date:
The City Manager recommends that City Council t ke the following action:
Approve the Final Plat for property located at 8899 Astronaut Boulevard — RaceTrac Petroleum,
Inc.
Approved by City Manager: David L. Greene SLY Date:"//f p I /6
•
Attachment 1
City of Cape Canaveral
PREUNINARY AND FINAL PLAT
information Sheet
Date of Submittal: O2 /21 /2 0l S
Project nems Cape Canaveral RaceTrac
Project address(If not available,provide general tooallar) •
8899 Astronaut Blvd..Case Canaveral.FL 32920
Legal description:attach legal Please refer to the attached Legal Description.
FLU and Zoning designations:Low Density Commercial District-C-1
Owners)none: RaoeTrac Petroleum Inc.
Owner(s)address: 3225 Cumberland Blvd..Suite 100
Atlanta,Georgia 30339
Phone number** 770431-7600
>:rrrai(s): vsutananseracetrac.00m
If applicant Is not owner,a completed Power of Attorney form is required.
AppNcant New l7 t iw•. Tl and**.
Applicant die... . 225 C,..4tr/a,.,4 B/ui. / £,.ic./Do , A1,L.4.--, G.4 30339
App.pI ); 77o- 4t31 — '7boo
App.emai(s): 634 0:t)n r ce.rro c. C.
8iprtattrn(owner or appll ant): �.... 11126 MAYO
fotal 4st.bc
Cash Amount it.4d�
` p•tt
CDD-Frahm&Final Plat App.04/2010 C1 'Ss,a HPOUVitge4 $4%118
e . .
City of Cape Canaveral
Preliminary and Final Plat
Application Fee Sheet&Payment Receipt
Date: 02i,21_I/,01
Project lame: Cape Canaveral RaceTrac
Application Submittal Fee:
RESIDENTIAL Total#of Units: -
1.2or3units=$ 7.50 $
4 units=$0.00 $
More than 4 units:add$7.50 per unit.(not to exceed$500)
#of units over 4 X$7.50 =$
Total Residential: =$
COMMERCIAL
$150 per acre or portion thereof.
3.0 acres X$150 per atm =$ 450.00
• Total Application Fee: _$ 450.00
•T 810
411.. 1
CAPE CANAVERAL RACETRAC PLAT:
LEGAL DESCRIPTION:
A PARCEL OF LAND LYING IN SECTION 15,TOWNSHIP 24 SOUTH,RANGE 37 EAST,BREVARD
COUNTY,FLORIDA,AND BEING MORE FULLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH 3316.80 FEET OF SAID
SECTION 15 WITH THE WESTERLY RIGHT-OF-WAY-LINE OF STATE ROAD 401,A 100.00 FOOT WIDE
RIGHT-OF-WAY PER FLORIDA S.R.D.RIGHT-OF-WAY MAP SECTION 70080-2202;THENCE SOUTH
36^44'29"EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE,A DISTANCE OF 819.52 FEET TO A
POINT LYING 43530 FEET NORTHWESTERLY,AS MEASURED ALONG SAID RIGHT-OF-WAY LINE,OF
THE NORTHEAST CORNER OF THOSE LANDS AS RECORDED IN O.R.BOOK 3064,PAGE 2885 OF THE
BREVARD COUNTY PUBUC RECORDS,SAID POINT BEING THE POINT-OF-BEGINNING OF THE LANDS
HEREIN DESCRIBED;THENCE CONTINUE SOUTH 36°44'29"EAST,ALONG SAID WESTERLY
RIGHT-OF-WAY LINE,A DISTANCE OF 435.60 FEET TO SAID NORTHEAST CORNER OF SAID LANDS
PER O.R.BOOK 3064,PAGE 2885;THENCE DEPARTING SAID RIGHT-OF-WAY UNE,SOUTH
53.15'31"WEST,ALONG THE NORTH LINE OF SAID LANDS,A DISTANCE OF 330.00 FEET;THENCE
NORTH 36°44'29"WEST,A DISTANCE OF 299.60 FEET;THENCE NORTH 53"15'31"EAST,A DISTANCE
OF 117.00 FEET;THENCE NORTH 36.44'29"WEST,A DISTANCE OF 136.00 FEET;THENCE NORTH
53.15'31"EAST,A DISTANCE OF 213.04 FEET TO THE POINT OF BEGINNING.
File No.: FT16-16-14-000040(Revised 2.21.15)
Commitment No.: 16-14-000040
�M V
Fidelity National Title Insurance Company
COMMITMENT FOR TITLE INSURANCE
Issued by
FIDELITY NATIONAL TITLE INSURANCE COMPANY
Fidelity National Title Insurance Company,a California corporation(the'Company'),for a valuable
consideration,commits to Issue its policy or policies of title insurance,as identified in Schedule A,in favor of the
proposed Insured named In Schedule A,as owner or mortgagee of the estate or interest in the Land described or
referred to In Schedule A,upon payment of the premiums and charges and compliance with the Requirements;
all subject to the provisions of Schedules A and B and to the Conditions of this Commitment.
This Commitment shall be effective only when the identity of the proposed Insured end the amount of the policy
or policies committed for have been Inserted in Schedule A by the Company.
All liability and obligation under this Commitment shall cease and terminate six(6)months after the Effective
Date or when the policy or polices committed for shall issue,whichever first occurs,provided that the failure to
issue the policy or policies Is not the fault of the Company.
The Company will provide a sample of the policy form upon request.
This Commitment shall not be valid or binding until countersigned by an authorized officer of the Company or an
agent of the Company.
IN WITNESS WHEREOF,Fidelity National Title insurance Company has caused its corporate name and seal to
be affixed by Its duly authorized officers on the Effective Date shown In Schedule A.
Countersigned:
/ Fidelity National Title Insurance Company
4 . (10041/A(1"-"rheibmi
'Art I W 7
1NATIO 'L TITL-OF FLORIDA,INC. 0AMR
/ .
vow.. ar.rr
FNFLOSO2idw ALTA Commitment(6r17106)(vlar Ronde Modification)-Cover
File No.: FT16-16-14-000040(Revised 2.21.15)
Commitment No.: 16-14-000040
CONDITIONS
1. The term mortgage,when used herein,shall include deed of trust,trust deed,or other security instrument.
2. If the proposed Insured has or acquired actual knowledge of any defect.lien,encumbrance,adverse claim
or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than
those shown in Schedule B hereof,and shall fall to disclose such knowledge to the Company in writing,
the Company shall be relieved from liability for any loss or damage resulting from any act of reliance
hereon to the extent the Company Is prejudiced by failure to so disclose such knowledge. If the proposed
Insured shall disclose such knowledge to the Company,or If the Company otherwise acquires actual
knowledge of any such defect,lien,encumbrance,adverse claim or other matter,the Company at its
option may amend Schedule B of this Commitment accordingly,but such amendment shall not relieve the
Company from liability previously incurred pursuant to paragraph 3 of these Conditions. +II
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such
parties included under the definition of Insured it the form of policy or polices committed for and only for
actual loss Incurred In reliance hereon in undertaking In good faith(a)to comply with the requirements
hereof,or(b)to eliminate exceptions shown in Schedule B,or(c)to acquire or create the estate or interest
or mortgage thereon covered by this Commitment In no event shall such lability exceed the amount
stated in Schedule A for the policy or policies committed for and such liability Is subject to the insuring
provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for
in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this
Commitment except as expressly modified herein.
4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or
a report of the condition of title. Any action or actions or rights of action that the proposed Insured may
have or may bring against the Company whether or not based on negligence arising out of the status of
the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be
based on and are subject to the provisions of this Commitment.
5. The policy to be issued will contain the following arbitration clause. Unless prohibited by applicable law,
• arbitration pursuant to the Title Insurance Arbitrations Rules of the American Arbitration Association may
be demanded if agreed to by both the Company and the Insured at the time of the controversy or claim.
Arbitrable matters may Include,but are not limited to,any controversy or claim between the Company and
the Insured arising out of or relating to this policy,and serviced of the Company In connection with is
issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and
under the Rules In effect on the date the demand for arbitration is made or,et the option of the Insured,the
Rules in effect at Date of Policy shall be binding upon the parties. The award may Include attorneys'fees
only If the laws of the state In which the land is located permit a court to award attorneys'fees to a
prevailing party. Judgment upon the award rendered by the Arbitrator(s)may be entered In any court
having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
FI FLOe03.rdw ALTA Commitment(6H7pexwai Florida ModMfce5ons)-Conditions
�ea` Fidelity National Title Insurance Company
Fidelity National Title of Florida,Inc.
7208 West Sand Lake Road,Suite 102
Orlando, FL 32819
Phone:407-370-0027
E-Fax: 386-523-0882
Fidelity National Title Insurance Company
Qtevised 2.21.15)
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
Order No.:4730420
Customer Reference: 16-14-000040
1. Effective Date: January 22,2015 at 8:00 AM
2. Policy or Policies to be Issued: Premium: $TBD
A. ALTA Owners 2006 with Florida Modifications
Proposed Insured: RaceTrac Petroleum,Inc.,a Georgia corporation
Proposed Amount of Insurance: ;340,000.00
3. The estate or interest in the land described or referred to in this Commitment is:
Fee Simple and Easement
4. Title to the Fee Simple and Easement estate or interest in the land is at the Effective Date
vested in:
BURGER KING CORPORATION,a Florida corporation(As to Parcels 1, 2,3,4,and 5)
RACETRAC PETROLEUM,INC.,a Georgia corporation(As to Parcel 5)
5. The land referred to in this Commitment Is described in Exhibit"A'attached hereto and
made part hereof.
Countersign-
BY:
Aut 'Officer or Agent -
Copyright American Land Title Association. MI rights reserved. Mr!
The use of this Form le restricted b ALTA kermess and ALTA members In good standing as of the date of urs.
Al olror use are profited. Reprinted under loses from the American Land Title Association. �g
ALTA Ca smilment(8117/06)(with FL Modifications) 1 of 8
Order Number: 4730420
Customer Reference: 16-14-000040
Fidelity National title insurance Company (Maimed 2.21.15)
SCHEDULE B SECTION I
REQUIREMENTS
The following are requirements to be complied with:
1. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or
interest to be Insured.
2. Instrument(s)creating the estate or Interest to be Insured must be properly executed,delivered and
filed for record:
A. Duly executed Warranty Deed from BURGER KING CORPORATION,a Florida corporation,Grantor,
to DEL LAGO VENTURES, INC.,a Georgia corporation,Grantee,conveying the land described on
Schedule A hereof.
Together with proof that BURGER KING CORPORATION,a Florida corporation is currently in good
standing under the laws of the State of Florida.If the current transaction Involves: (i)the
disposition of substantially all of a corporation's property or assets; (II)the conveyance of
corporate property to an officer,director or agent who Is also a signatory; (Ili)conveyance of
property for minimum consideration; or(N)the execution of documents Incident to the transaction
by an officer other than the president,chief executive officer or any vice-president with a corporate
seal,then a recordable resolution of the corporation's Board of Directors,Shareholders and/or
Members must be obtained.
B. Duly executed Access Easement by and between BURGER KING CORPORATION,a Florida
corporation; DEL LAGO VENTURES,INC.,a Georgia corporation;and RACETRAC PETROLEUM,INC.,
a Georgia corporation,together with joinder and consent by COMMERCEBANK,N.A.,a national
banking association, pursuant to Mortgage and Security Agreement recorded in Official Records
Book 4798,Page 3944,and Assignment of Rents, Leases and Profits recorded in Official Records
Book 4830,Page 1990,creating the Easement Estate to the land described as Parcel 5 on Schedule
A hereof.
Together with proof that BURGER KING CORPORATION,a Florida corporation; DEL LAGO
VENTURE,INC.,a Georgia corporation; RACETRAC PETROLEUM,INC.,a Georgia corporation; and
COMMERCEBANK, N.A.,a national banking assodatlon,are currently in good standing under the
laws of the State of Florida/Georgia. If the current transaction Involves the execution of documents
incident to the transaction by an officer other than the president,chief executive officer or any
vice-president,then a recordable resolution of the corporation's Board of Directors,Shareholders
and/or Members must be obtained.
3. Proof of payment of any outstanding assessments in favor of Brevard County,Florida,any special
taxing district and any municipality. NOTE: If this requirement is not satisfied the following exception
will appear on Schedule B:
Any outstanding assessments In favor of Brevard County,Florida,any special taxing district and any
municipality.
4. Proof of payment of service charges for water,sewer,waste and gas,if any,through the date of
closing. NOTE: If this requirement is not met the following exception will appear on Schedule B:
Any lien provided for by Florida Statutes in favor of any city,town,village or port authority for unpaid
service charges for service by any water,sewer,waste or gas system supplying the insured land or
service facilities.
Copyright Amortise Land Tide Association.MI rights reserved. r
The use of fib Form Is restricted to ALTA licensees and ALTA menhirs rs In good Mending as of I e dots of use.Al other !
uses are prohibited.Reprinted under license from the Antrim Land Tide AesoaUgon. .�
ALTA Commitment(8x17108)(ellh FL Modifications) 2 of 8
Order Number: 4730420
Fidelity00 National Title Insurance Company Customer Reference: 16-14-000040
(Revised 2.21.15)
SCHEDULE B SECTION I
Requirements continued
5. A survey,satisfactory to the Company, must be furnished. If said survey should disclose building
setback lines, easements,encroachments,overlaps,boundary line disputes,or other adverse matters,
they will appear as exceptions in Schedule B of the Owner's Policy and Schedule B,Part 1 of the Loan
Policy to be issued.Said survey is necessary In order to more accurately describe the lands to be
Insured herein.
6. Termination of the Ingress/Egress Easement Agreement recorded In Official Records Book 3949,Page
1131,to be executed by BURGER KING CORPORATION,a Florida corporation,RACETRAC PETROLEUM,
INC.,a Georgia corporation,and AlA ACQUISITION GROUP,LTD., L.L.P.,a Florida limited liability
limited partnership.
7. Partial Release of the insured land from the restrictions contained in that certain Declaration of
Restrictive Covenants recorded in Offidal Records Book 3949,Page 1136.
NOTE: Paragraph 1 of said Declaration of Restrictive Covenants contains restrictions in favor of
Racetrac Petroleum,Inc.,a Georgia corporation,which state"No fadilty which serves as a retail outlet
for the sale of gasoline,other petroleum products,or motor fuels or as a convenience store shall be
constructed, maintained or operated on the Declarant Property".
8. Partial Release of the insured land from the restrictions contained in that certain Warranty Deed
recorded in Official Records Book 5847,Page 1000.
NOTE: Exhibit"B"of said Warranty Deed contains restrictions imposed by AlA Outparcels Group,
L.L.LP.,a Florida limited liability limited partnership,and Burger King Corporation,a Florida
corporation,which state"Grantee agrees to restrict the Property as follows and will not use,assign,
sublease, license or otherwise permit the use of,any portion of the Property for any of the following
uses: ...car wash; auto body or repair shop; radiator repair shop;automotive service station;...",and
which benefit property owned by AlA Acquisition Group,Ltd.,LLP.,a Florida limited liability limited
partnership.
9. Proof of compliance with the terms and conditions of Resolution No. 2008-03 recorded in Offidal
Records Book 5843,Page 658,pertaining to lot splitting.
10.Dismissal of litigation with prejudice and discharge of the Us Pendens filed in Case styled Burger King
Corporation vs. Racetrac Petroleum,Inc.,a Georgia corporation,being Case No.2010-CA-040503 in
Brevard County,Florida, as disclosed by Notice of Lis Pendens recorded in Official Records Book 6262,
page 2313.
11.Duly executed Sign Easement by and between DEL LAGO VENTURES,INC.,a Georgia corporation,and
BURGER KING CORPORATION,a Florida corporation.
NOTE: 2014 Real Property Taxes In the gross amount of;13,327.05 are paid,under Tax I.D. No.24-37-
15-00-00037.0-0000.00. (Parcels 1 and 5)
NOTE: 2014 Real Property Taxes in the gross amount of;16,275.91 are paid,under Tax I.D. No. 24-37-
15-00-00826.0-0000.00. (Parcel 5)
NOTE: No open mortgage(s)were found of record. Agent must confirm with the owner that the property
is free and clear.
Capyrleht Mosrkan Land Ulis Association. All rights nnerved.
►h �
Ms IMO 1*Fairs meldedisel
ALTA Iltemeas and PITAmbe s In good stendln el be
as e data of use.AN often ' =
uses are prohibited. Reinhesd order Names Oen Ow Mallen lard TIM Aasodafton.
ALTA Comndanaat(WI 7006)(web FL Modtroeftons) 3 of B
Customer Reference: 16-14 000040
Hae Fidelity National Title Insurance Company (Revised 2.21.15)
SCHEDULE B SECTION I
Requirements continued Order Number: 4730420
NOTE: Because the contemplated transaction Involves an all-cash dosing,the Company has not
performed searches on the names of the purchasers/proposed Insured. If the Company is asked to insure
a Mortgage from said purchasers,we will require notification of same and we reserve the right to make
additional requirements and/or exceptions which we may deem necessary after conducting name searches
on the purchasers.
END OF SCHEDULE B SECTION I
Copyright American Land Title M.oafMion.All rads....J ed. e
mmi
The use of this Form E restricted b ALTA losnssse and ALTA members In good standing as of the dale of use.All other :.21:=
uses we prohibited. Reprinted under lows from the Medan Lad Tllle AaooWbn. itt
ALTA Commitment(ef77f0e)(with FL Modl ons) 4 of 8
5 .
Order No.:4730420
Customer Reference: 16-14-000040
i Fidelity National Title Insurance Company (Revised 2.11.15)
SCHEDULE B SECTION II
EXCEPTIONS
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the
same are disposed of to the satisfaction of the Company:
1. Defects,liens,encumbrances,adverse claims or other matters,If any,created,first appearing In the
public records or attaching subsequent to the effective date hereof but prior to the date the proposed
insured acquires for value of record the estate or interest or mortgage thereon covered by this
Commitment.
2. Taxes and assessments for the year 2015 and subsequent years,which are not yet due and payable.
3. Standard Exceptions:
A. Intentionally deleted.
B. Rights or claims of parties In possession not shown by the public records.
C. Any lien,or right to a lien,for services, labor,or materials heretofore or hereafter furnished,
imposed by law and not shown by the public records.
D. Taxes or assessments which are not shown as existing liens In the public records.
4. Any lien provided by County Ordinance or by Chapter 159, Florida Statutes, In favor of any city,town,
village or port authority for unpaid service charges for service by any water,sewer or gas system
supplying the insured land.
5. Any claim that any portion of the insured land is sovereign lands of the State of Florida, Including
submerged,filled or artificially exposed lands accreted to such land.
6. Any and all rights of the United States of America over artificially filled lands in what were formerly
navigable waters,arising by reason of the United States of America's control over navigable waters in
the Interest of navigation and commerce,and any conditions contained in any permit authorizing the
filling in of such areas.
7. Phosphate,minerals,metals,and petroleum reservations in favor of Trustees of the Internal
Improvement Fund as recorded in Deed Book 438,Page 547. Note: Right of entry as to exploration Is
released pursuant to F.S.270.11. (As to Parcels 1,2, 3,4,and 5)
8. Intentionally deleted.
9. Declaration of Restrictive Covenants recorded in Official Records Book 3949,Page 1136,as affected by
Partial Release recorded In Official Records Book ,Page . (As to Parcel 1)
10.Unity of Title and Access Limitation Agreement recorded in Official Records Book 5421, Page 6998. (As
to Parcels 1,2,3,4,and 5)
11.Sldewalk Easement in favor of the City of Cape Canaveral recorded in Official Records Book 5566,Page
4488. (As to Parcels 1, 2,4,and 5)
Copyright Amerlean Land Tide Association. All riglrb reserved
The use of the Fane Is restricted b ALTA licensees end ALTA railingsrs In good sUMng as of the dab of use.Al other amu:
uses aro proNWbd. Reprinted under Somme from Its Amide=Land We Asaod.Yon. .�
ALTA CommlYnent(8117108)(with FL M orJ kions) 5 of 8
Order No.:4730420
I � Customer Reference: 16-14-000040
V..a Fidelity National Title Insurance Company (Revised 2.21.15)
SCHEDULE B SECTION II
EXCEPTIONS
12.Water Line&Ingress/Egress Easement Agreement In favor of the City of Cocoa recorded in Official
Records Book 5566, Page 4497,which was re-recorded in Official Records Book 5609, Page 6689.(As to
Parcels 1,2, 3,4,and 5)
13.Intentionally deleted.
14.Sewer Easement in favor of the City of Cape Canaveral recorded In Official Records Book 5566, Page
4513.(As to Parcels 1 and 3)
15.Easement In favor of Florida Power&Light Company recorded in Official Records Book 5581, Page 1745.
(As to Parcels 1 and 3)
16.Sidewalk Easement in favor of the City of Cape Canaveral recorded In official Records Book 5589,Page
1175.(As to Parcels 1,2,4,and 5)
17.Easement In favor of the City of Cape Canaveral recorded In Official Records Book 5589, Page 1179. (As
to Parcels 1 and 3)
18.Easement Agreement for Stormwater Drainage,Conveyance,Treatment and Disposal in favor of L&M
Development of Brevard,Inc.,recorded in Official Records Book 5757, Page 7433. (As to Parcels 2,3,
and 4)
19.Resolution No. 2008-03 recorded in Official Records Book 5843,Page 658. (As to Parcels 1 and 5)
20.Covenants,conditions and restrictions set forth in Warranty Deed from AlA Outparcel Group, L.LP.,to
Burger King Corporation, recorded in Official Records Book 5847, Page 1000,as affected by Partial
Release recorded In Official Records Book ,Page .(As to Parcels 1 and 5)
21.Terms and conditions of Signage, Maintenance and Access Easement Agreement among A1A Acquisition
Group,LTD.,L.L.P., L&M Development of Brevard,Inc.,and Burger King Corporation, recorded In Official
Records Book 5847, Page 1006. (As to Parcels 1, 2,and 4)
22.Terms and conditions of Storm/Surface Water and Drainage Easement Agreement between A1A
Acquisition Group,LTD.,LLP.,and Burger King Corporation,recorded in Official Records Book 5847,
Page 1022. (As to Parcels 1 and 3)
23.Terms and conditions of Access,Ingress and Egress Easement Agreement between A1A Acquisition
Group,LTD., LLP.,and Burger King Corporation,recorded in Official Records Book 5847, Page 1036.
(As to Parcels 1 and 4)
24.Landscape and Sidewalk Easement Agreement between A1A Acquisition Group,LTD.,L.L.P.,and Burger
King Corporation, recorded In Official Records Book 5847,Page 1047. (As to Parcels 1 and 5)
25.Intentionally deleted.
26.Access Easement among Burger King Corporation,Del Lago Ventures,Inc.,and Racetrac Petroleum,
Inc,recorded In Official Records Book .Page .(As to Parcels 1 and 5)
Copyright American Land Tele Assosblon.All rights reserved. moms
The use of lis Farm N raatbted to ALTA lioeneees end ALTA members in good sanding se of the deb of use All Miser
uses are prohb8ed. Reprinted under kenos km the M iedoen Land Tile Meodetion.
ALTA Commitment(&17106)(with FL Modifications) 6 of 8
• Order No.:4730420
—
\ Customer Reference: 16-14-000040
Di
m; ' Fidelity National Title Insurance Company (Revised 2.21.10
SCHEDULE B SECTION II
EXCEPTIONS
27.Sign Easement in favor of Burger King Corporation,a Florida corporation, recorded In Official Records
Book ,Page . (As to Parcel 1)
28.Unrecorded Agreement Allocation of Frontage for Signs dated November 15,2005.
29.Rights of tenants occupying all or part of the Insured land under unrecorded leases or rental
agreements.
NOTE:The Company reserves the right to make further requirements and/or exceptions upon its review of
the proposed documents creating the estate or Interest to be insured or otherwise ascertaining details of the
transaction.
NOTE: If the proceeds of the loan to be secured by the insured mortgage are deposited with the Company
or its authorized agent, Item 1 above shall be deemed deleted as of the time such funds are disbursed to or
for the account of the borrower. Neither the Company nor Its agent shall,however, be under any duty to
•
disburse any sum except upon a determination that no such adverse Intervening matters have appeared of
record or occurred.
NOTES ON STANDARD EXCEPTIONS:
Item 3A will be deleted from the policy(les)upon receipt of an accurate survey of the Land acceptable to the
Company. Exception will be made for any encroachment,setback line violation,overlap,boundary line
dispute or other adverse matter disclosed by the survey.
Items 3B,3C,and 3D will be deleted from the policy(les)upon receipt of an affidavit acceptable to the
Company,affirming that,except as disclosed therein(I)no parties in possession of the Land exist other
than the record owner(s); (II) no Improvements have been made to the Land within 90 days prior to dosing
which have not have been paid for In full; and(iii)no unpaid taxes or assessments are against the Land
which are not shown as existing liens In the public records. Exception will be made for matters disclosed in
the affidavit.
NOTE:All recording references in this commItment/policy shall refer to the public records of Brevard
County,Florida,unless otherwise noted.
NOTE: In accordance with Florida Statutes section 627.4131, please be advised that the Insured hereunder
may present inquiries,obtain information about coverage,or receive assistance In resolving complaints, by
contacting Fidelity National Title Insurance Company,601 South Lake Destiny Road, Suite 300,Maitland,
FL 32751;Telephone 855-848-5374.
Searched By: Brian Palmer
END OF SCHEDULE B SECTION II
Copyright An*Aan Land Tale Association.NI rights reserved.
The use of 8*Farm Is restricted to ALTA loarress and ALTA members In good standing as of the deb of use.M other
uses are probbbsd.Reprinted order license Mom the Amedan Lard Tide Association.
ALTA Commitment(6/17106)(*eh FL Mod111caWns) 7 of B
Order No.:4730420
I
FidelityhNational Title Insurance CompanyCustomer Re Oe: 16-140
, A (Revised 2.21.15)
EXHIBIT"A"
PARCEL 1: (FEE SIMPLE ESTATE)
The Southeasterly 136 feet of the following described lands:
A portion of those lands described In Official Records Book 5288, Page 2196 and Official Records
Book 5288, Page 2198, of the Public Records of Brevard County, Florida,lying in Section 15,
Township 24 South,Range 37 East, Brevard County,Florida,being more particularly described as
follows:
Commence at the intersection of the North line of the South 3316.80 feet of said Section 15 and
the Westerly right-of-way line of State Road A-i-A(a 100.00 foot wide right-of-way);thence
continue South 36°44'29" East,along said Westerly right-of-way line,a distance of 660.78 feet, to
the POINT OF BEGINNING of the herein described parcel;thence continue South 36°44'29"East,
along said Westerly right-of-way line,a distance of 294.74 feet,to the Southerly line of said lands;
thence South 53°15'31"West,along the Southerly line of said lands,a distance of 213.04 feet;
thence North 36°44'29'West,a distance of 270.04 feet; thence North 26°08'03'East, a distance
of 54.21 feet;thence North 53°15'41'East,a distance of 164.78 feet,to the POINT OF
BEGINNING.
PARCEL 2: (NON-EXCLUSIVE EASEMENT ESTATE)
Easement for the benefit of Parcel 1 described In Signage,Maintenance and Access Easement
Agreement among AlA Acquisition Group, Ltd., L.L.P., LAM Development of Brevard,Inc.,and
Burger King Corporation, recorded In Official Records Book 5847,Page 1006,Public Records of
Brevard County, Florida.
PARCEL 3: (NON-EXCLUSIVE EASEMENT ESTATE)
Easement for the benefit of Parcel 1 described in Storm/Surface Water and Drainage Easement
Agreement between AlA Acquisition Group,Ltd.,LL.P.and Burger King Corporation, recorded in
Official Records Book 5847,Page 1022,Public Records of Brevard County, Florida.
PARCEL 4: (NON-EXCLUSIVE EASEMENT ESTATE)
Easement for the benefit of Parcel 1 described in Access,Ingress and Egress Easement Agreement
between A1A Acquisition Group,Ltd., LLP.and Burger King Corporation,recorded in Official
Records Book 5847,Page 1036, Public Records of Brevard County, Florida.
PARCEL 5: (NON-EXCLUSIVE EASEMENT ESTATE)
Easement for the benefit of Parcel 1 described in Access Easement among Burger King Corporation,
Del Lago Ventures,Inc.,and Racetrac Petroleum, Inc., recorded in Official Records Book
Page .Public Records of Brevard County,Florida.
Copyright Mnsrlesn Land Tide Association. Ail eights memo& esee
The use of this Form is restricted to ALTA licensees and ALTA members In good Sending as of the dale =",,;2
d use.MI other uses are prohibited. ReprYMsd under license ban hs Amerksn Land TMs Association. .a
ALTA Commiresns(8/17108)(with FL Motions) 8 of 8
o FIDELITY NATIONAL FINANCIAL
PRIVACY NOTICE
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FIFLOO43rdw
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Privacy Notice
Maim:Jemmy 6,2015
FNFLOOe3.tdw
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Lit Afikraimilatlamits-M°Bondli EFFECTIVE AS OF:JANUARY 6,2015
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.1
Privacy Notice
EfhbetM:Unary 6,2015
FNFL0043idw
Ia
REAL ESTATE PURCHASE CONTRACT
THIS REAL ESTATE PURCHASE CONTRACT(his"Cord/act)s made bhag_dry d4014 She
'Contact DM'by arid between DEL LAOO MATURES,INC.,a(bough reparation('Purl ate IOsO
CORPORATION,a Florida corporation('Salm. n oarrkmlfon for M mutual anima*m levan for Ten
Dollars ($10.00) and ler other good and ramble omgldera6m, the receipt and sufficiency of Milch Is hereby
acknowledged,Purchaser and Siler hereby agree as flows:
1. CONTRACT PROPERTY. Purchaser agrees to buy and Seim agrees to sell,for the oonWsra$on and
upoielhe terms set forth herein,the real property located In the Shan of Florae County of Brevard,and further described
ngstricewe attached hent,together rah al improvements and Slum now located thereon and d appuiensmes,
prileges,and easements benefiting or pertaining thereto(collectively,the'Contract Property').Saler also agrees
b convey to Purchaser d d Sailers right,the and interest In and to any existing or proposed steels,roadways,aleye,
sidewalks andlor rights-dam adjacent to the Conal Property.The Conrad Property Y @decent to,and to the
southeast it,BURGER KINGS Reahurant number 18668,located at 8030 Mtonat Blvd.,Cape Canaveral,Florida.
_.........2„.....21,190MILIMAZ_Zaka,mbeisis price for the Co►aot Property Mall bed
/Ise'Pirahass Pte),palms by cash or walled hands et Closing
3. gARIE$T MONEY. Purchaser sld deliver to the Tile Company(defied below)Three Thousand s d For
Hundred and nd100ta Dales(33,400.00)as Ernest Money(tar'Earnest Money)whir,len(10)business days after
the Contact Date. At the time the sets Is concernment!,the Earnest Money sled alar be:(I)applied as part payment it
the Purchase Price,or(A)refunded to Purchaser,in which wee Purchaser Mall pay the entire Purchase Price(less any
eduelme de as provided herein)a Closing. Prosser slid have le astusM sight to choose option(I)or(N), in
Purchasers sole discretion.My interest carred on to investment of the Earnest Money by to Tib Compry Nal be
paid to Purchase.If the sols le not consummated due to Purchases dale*Sallow shall nada the Earnest Money as
II lqutdand damages and Purchaser Mal be relieved from it Sather Maly end obligations hereunder.If the it.it not
corsunnrhand for any Ober reason,ten to Earnest Money shell be lmmedWdy reerred to Purchaser upon written
request less one dofir($1.00),which shell be paid to Saler as present.good and valuable corteidrdrh for the rights
granted Purchaser pueusrt b Pragraph 6.
4. g,0111/IG.The dostg of Vie sats of the Contact Property shell be held at a IYne and place muray
acceptable to Purchaser and Seiler Mein len(10)busbies days Mowing the expiration of the Feesbity Period as set
hub in Paragraph 6 beim(the'Cbsl g").At Closing, Saler Mal convey Me by Special Waraly Deed In form
Masdsbly moepteble to Purchaser,and is Contact Property sled be abject to d boss not yet due and payable,the
'Pamdbd Exceptions' as hangnail*alined),and it fowl,Mats,and federal hes,ordinances,and governmental
regulators,including,but not Anted to,buldig and z ring laws,ordnances,and regulations,raw or handler in effect.
6. PEABIBIJTY PERIOD. Perch eser shell have a period it one hundred Mena(120)days Mar the
Coaled Date(the'Fea billy Period')to=Mae an investigation of the Contract Property(rd any related easements)
to detennte the suitability thereof. Purchaser N hereby authorized to ear upon such property alter the accepten e of
Ms Contract for the purpose of making oath surveys,roarntalors and teeth.including(but rid Inlaid to)environmental
tests nvestlgatbn of wetlands,We,zoning and it other masts holdall to to condition,awraNp or use of such
property,each as Purchaser may determine to be necessary or desirable(ooleelvelf,the Tests". Notwithstanding the
foregoing,except for certain geoledmicd work b be performed pursuant to le Scope of Work attached hereto as Exhibit
Purchaser Mad not all any holes in is soli or any improvement located on the Contract Property without Scars
prior written consent. Sear shell cooperate with Purchaser so as le slow Purchaser to fully and property conduct the
Tests. Pudaser shell have V.ebedufe right to terminate this Contact far any reason whatsoever,Inducing but not
kneed to condition of Nle,a any fns prior to V.end of V.Feasbly Period by ddvrig mean notice to Seller,in
which evert Brier steel immediately Munn it Earnest Money to Purchaser. Purchaser shall indemnify and had Seiler
harmless from and against any damage to tie Contact Property or any dens or lens against Sder andfr the Conant
Properly caused by or arising from the Teets or Purchasers tnepedbn of V.Contract Property as provided in this
Paragraph 6. Such i daMWlcatbn shell not apply to the orient of any negligence by Seller. Purchaser shall not disclose.
gin,or transmit is any near or fon i to any person or entity other tan the Purchaser and Selr,and tet reapeciw
attorneys,contractors and consultants,any idonnelon relating to the Conked Property discovered or revsaed by to
Task,or any InvestImilon or inspection of he Contact Property prbmed by.at the direction of.or on beat it
Prcussr,accept as may be required by law. The provisions of tie prapraph a sed aurae Closing or tnntslon of
Ms Conked.
6. TITLE AND
A. During V.Pembilly Period.Purchaser shell obtain,a Purchaser's expense,a complete Gleed
mated survey of Ahs Contract Property rd any ratted eassme is(the Saver),in a faun aoceresble to Purchaser,
vetch shut contain a Is description d the Centred Property.Mich dasalplon shall be used In the commerce
docaanerEs).
B. During the Feasibility Period, Purchaser slid obtain a We insurance oorm anent (IM
'Commitment")."). n a fair acceptable to Puchaar and Seller, issued by a Ms insurance comma aoosplabte b
Purchaser(the'Tele Crnparly),in which the TM Company corns tat upon delivery and recording of to deed
provided for herein.is The Company all leas,a Pie Tile Companys usuel rates,a poky d Owners It.insurance
tarring Purchaser In the tote amount of he Purchase Price agsiet loss on account of any Meet or encumbrance in the
Me to or reflected in the survey of the Contact Property and any related easements.Purchaser slid pay d costs of tel
Insurance end Soler shall pay it dooumertsry stamps on the deed and d brafr rd conveyance tree and fees.
Sailer sled provide to Purchaser,whin an(10)business days of the Contract Dee,a copy of any the insurance pobcy
or survey for to Coned Property In Scars possession.
C. Punchiest may examine the as to and survey of the Costal Property and any tented
eseemets and may noly Seller prior b.x eraton of the Feasbilly Period of any tris or survey mater which In
Purdseses sole opinion,le objectionable or has an adverse tea on the Contact Property or any related asesnede
(fentaher maned to as an'Objedfon'. Additionally,at any ens Fedor to Closing,Purchaser shit have to right to
runty Solar it any Op}dlon appearing an any subsequent or updated survey or Me comments/IL in ankh event any
such objeaiors cal be harried in the same manner as in Obarbon set lath In this Paragraph 6.
r i alliable o.ewaerlanbie CaNwrMMMollreansafir.Como A VIII neaaJ,.
1
.• Stead,sealed and deemed n b a :,
Ptraser,In to dreams of.
•= LAGO VENTURES,INC.,a Georgia corporation
Mee ,1r,t
. i • BY .
all stellae/r T 1 T Nene: '11'CII. ,.Tee: . .
n[CORPORATE SEAL]
PAeed P nor;_ an 1- 1 f 4 asim Mldaap apra .1014.
J
*+tlOUM1,74=144ion ..a,y,,,woortt,.,p. f . sem.
. 11,,the utdee4ned,a Nslery Pubes In and tor aid Corady In aid Saab,beeby=fly tw a1iI,4liMAI as
1.4•19. of DEL IMO VENTURES.INC,a George separation.epees Hams Is sire b Ifs forepol g
k. a.Snd,and who•e known to me,aagwrMdgsd Defere me an tib dap,be beig Hamed at as ocesnle of as
fotponS nanaard(s)he amid d is errs soberly on is day b seas bees dale.
Gam wider aytiadarid wee Ile 111111 dewd altnia,2014.
................ /e411".")
[NOTARIAL SEAL]
i- li
'*
le OEOROPO
issilerristO
SIpi.d,sealed and deemed as Matt
FS:
b Bat,In the praline at
SURGES KING CORPORATION
ININteis
pilled 1 \ !4.Ai,*C•I3
P ,..�ynt„ �^.t..✓t- E3rMalt� 1 �deEr Ma.
STATE OF FLORIDA U
COUNTY OF MINN-DADE
I. to • Nslery Pale in odd kr tl CmN In said Slew herby curry tel
mlu e•I A.gall, perm b aped b to bre yew Palmate.ame Ma Is lawn b nes.aauteeMdeed
bakeas en Sib ilia.rip Mpg bdrm.d d b mama of tefr.Odng npdrirard(sola aaearlsd tis ante volsdrly
bias Imam sera bumdab.
Oben uadsratyhad sal sal Ole MAILder dle 14.
PRAReaie e44117
My Cameral Expires;
(NOTARIAL SEAL]
/ .�� wf>faaa i
rill'
`, s.rwwsawenr.+s
Pawn=Iawa,aamPori serO.sawMod,lift HaaMbar CIA 303aaiawaeawIfNMOr.4e0
EXH6fT A
•
Legal Deaalpdon of Contract Property
!War: limper'Ong Corporation
PurMwr: Del Lego Ventures,Mo.
Contract Preparly Iosrdbn: Ae6araut IN Cape Crlevend
The(tried Property,as orli ad below In led and made■psi hereof.being baled In County.and being•portion of
Parol D No.24-37-1540-00637.043000.00 and Is more prfbderly described meadow
COMMENCING at a poll located at western right-of-way boundary Ins of Centre Blvd and the southern right-of-way
boundary One of AIA,aid point beteg the POINT OP COMMENCAOENT;thence pooaed along 5r southern right-of+rey
boundary One of Al A a disarms of+1-750 feet to■paid located at the southeast comer of Panel ID No.24-37-16-00-
I:0037.0-0000.00,
4 37-16-00-
110037.0 0000.00.said point being the POINT OF BEGONING;thence oorMre along Bald right-of♦wly boundary Ins a
dwt nae of+/-13@ feet b a point;thence tun left and lwrig said right-clergy boundary One,proceed In a southwesterly
direction a dtarnoe of+!-213 feat to■point thence turn left and proceed an a eourrakdy disdion a durance of N-
135 feed to•point theme bin telt and proceed In a rwr0gabrly direction a distance of•1-213 fest to e polrt,said point
being the POINT OF BEGINNING,dl a subplot to a current end aoarere survey.
L , :i I BaUt
B
(Alit SignSeller's Easement
Nath Remaining
N.T8. Property
M-21 +R 136'
♦-Contorty
13'
+f 1 +l-TIO'
RaceTIic
PloPertY
r P.O.(
/7\
Ceara!Blvd
Itdrar Mow Sepia Caw I 3225 Onkykrimi SMIL,Pis leo MINN OA 70371 IraraaAaat770A31.1ere `11 kn
L Fidsiky National Mk IAfararce Company
Fidelity National Title of Florida,Inc.
7208 W.Sand Lake Rd.#304
Orlando,FL 32819
Phone:407-370-0027
Fidelity National Title Insurance Company
OWNERSHIP AND ENCUMBRANCE REPORT
Order No.:5138529
Customer Reference: 16-15-0029
This will serve to certify that Fidelity National Title Insurance Company has caused to be
made a search of the Public Records of Brevard County,Florida,("Public Records")as
contained In the office of the Clerk of the Circuit Court of said County,from February 06,
1997,through February 01,2015 at 11:00 PM,as to the following described real property
lying and being in the aforesaid County,to-wit:
A parcel of land lying in Section 15,Township 24 South,Range 37 East,Brevard county,
Florida,and being more fully described as follows:
Commence at the Intersection of the North line of the South 3316.80 feet of said Section 15
with the Westerly right-of-way line of State Road 401,a 100.00 foot wide right-of-way per
Florida S.R.D.Right-of-Way Map Section 70080-2202;thence South 36°44'29"East along
said Westerly right-of-way line,a distance of 819.52 feet to a point lying 435.60 feet
Northwesterly,as measured along said right-of-way line,of the Northeast corner of those
lands as recorded in O.R.Book 3064,Page 2885 of the Brevard County Public Records,said
point being the Point-of-Beginning of the lends herein described;thence continue South
36°44'29"East,along said Westerly right-of-way line,a distance of 435.60 feet to said
Northeast corner of said lands per O.R.Book 3064,Page 2885;thence departing said right-
of-way line,South 53°15'31'West,along the North line of said lands,a distance of 500.00
feet;thence departing said North line,North 36°44'29'West parallel with said Westerly
right-of-way line,a distance of 435.60 feet;thence North 53°15'31'East,a distance of
500.00 feet to the Point-of-Beginning.
Less and except the following described parcel:
A portion of parcel of land lying In Section 15,Township 24 South, Rang e 37 East,Brevard
County,Florida,es follows:
Commence at the intersection of the North line of the South 3316.80 feet of said Section 15
with the Westerly right-of-way line of State Road 401,a 100.00 foot wide right-of-way per
Florida S.R.D.Right-of--Way Map Section 70080-2202;thence South 36°4429"East along
said Westerly right-of-way line,a distance of 819.52 feet to a point lying 435.60 feet
Northwesterly,as measured along said right-of-way line,of the Northeast corner of those
lands as recorded in O.R.Book 3064,Page 2885 of the Brevard County Public Records,said
point being the Point-of-Beginning;thence continue South 36°4429'East,along said
Westerly right-of-way line,a distance of 136 feet to a point;thence departing said right-of-
way line,South 53°15'31"West a distance of 330 feet to a point;thence South 36°44'29"
East a distance of 299.60 feet to a point;thence South 53°15'31'West a distance of 170
feet to a point;thence North 36°44'29"West a distance of 435.60 feet to a point;thence
Ownership and Encumbrance Report Pape 1 or 3
Ander No.:5138529
Customer Reference: 16-15-0029
North 53°15'31"East a distance of 500 feet to a point,said point being the Point of
Beginning.
As of the effective date of this Report,the apparent record Fee Simple title owner(s)to the
above-described real property is/are:
Racetrac Pertroleum,Inc.,a Georgia corporation
The following liens against the said real property recorded in the aforesaid Public Records
have been found:
1. Mortgage Information:
A. Mortgage recorded in Official Records Book 4798,Page 3944.
B. Assignment of Rents,Leases and Profits recorded in Official Records Book 4830,
Page 1990.
C. UCC-1 Financing Statement recorded in Official Records Book 4830,Page 1999.
2. Judgment/Lien Information:
A. Notice of Us Pendens recorded in Official Records Book 6262,Page 2313.
B. Code Enforcement Lien recorded in Official Records Book 7288,Page 183.
3. Informational:
A. Warranty Deed recorded in Official Records Book 3643,Page 4181.
B. Limited Warranty Deed recorded in Offidal Records Book 3949,Page 1127.
C. Ingress/Egress Easement Agreement recorded in Official Records Book 3949,Page
1131.
D. Declaration of Restrictive Covenants recorded in Official Records Book 3949,Page
1136.
4. Tax Information:
A. Taxes for 2014 have been paid.
Public Records shall be defined herein as those records currently established under the
Florida Statutes for the purpose of imparting constructive notice of matters relating to real
property to purchasers for value and without knowledge.
This Report shows only matters disclosed In the aforesaid Public Records,and It does not
purport to insure or guarantee the validity or sufficiency of any documents noted herein;
nor have the contents of any such documents been examined for references to other liens
Ownership and Encumbrance Report Page 2 of 3
Seder No.:5138529
Customer Reference: 16-15-0029
or encumbrances.This Report Is not to be construed as an opinion,warranty,or guarantee
of title,or as a title insurance policy;and its effective date shall be the date above spedfled
through which the Public Records were searched.This Report is being provided for the use
and benefit of the Certified Party only,and R may not be used or relied upon by any other
party.This Report may not be used by a Fidelity National Title Insurance Company agent for
the purpose of issuing a Fidelity National Title Insurance Company title insurance
commitment or policy.
In accordance with Florida Statutes Section 627.7843,the liability Fidelity National Title
Insurance Company may sustain for providing incorrect information in this Report shall be
the actual loss or damage of the Certified Party named above up to a maximum amount of
$1,000.00.
IN WITNESS WHEREOF,Fidelity National Title Insurance Company has caused this Report to
be issued in accordance with Its By-Laws.
Fidelity National Title Insurance Company
4itit 4fthe'
Ownership and Encumbrance Report Paye 3 of 3
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Borywrna, �) rn Attachment 3
7 r t
December 23,2014
Ms.Patsy Huffman
110 Polk Ave.
• Cape Canaveral,FL 32920
Re:Cape Canaveral RaceTrac
8899 Astronaut Boulevard
Cape Canaveral,FL.32920
RaceTrac Petroleum Inc.respectfully requests a meeting with the Development Review
Committee on January 7th.Included with this letter is a preliminary site plan depicting proposed
improvements to the site and a Survey showing the existing conditions.Racetrac Petroleum
would like to discuss the process required to perform the following improvements to the Site:
• Acquire the neighboring vacant property to the north of the existing site(Parcel 1 on the
existing Survey)and combine it with the existing RaceTrac property.
• Demolish the existing 3000 square foot Convenience Store,associated parking,Canopy,
and Mufti Product Dispensers.
• Construct a new 5,928 square foot Convenience Store.
• Reconfigure the parking and entrance drives as shown on the preliminary site plan.
• Install 6 additional fueling positions(3 additional Multi Product Dispensers).
• Reconfigure the on-site drainage as shown on the preliminary site plan.
If you have any questions or concerns please do not hesitate to call me in our Melbourne office
at 321-270-8992.
Nim Dailey
Project Engineer
Bowman Consulting Group
I! Illilt�4•"'l).:liiti2:'.11,11
Attachment 4
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E JOHN A.PEKAR,P.E.,LLC
Civil Engineering/Consuking
102 Columbia Drive
Suite 207 Attachment 5
Cape Canaveral,FL 32920
Office Phone:321-613-2959
Cell Phone: 321-288-1040
johnpekorpe@gmall.com
afh 314e0,1 RiniFlowe ronifowe@gmail.cam
Office Manager Cell Phone: 321-403-9899
March 1, 2016
TO: David Dickey; Patrice Huffman
FROM: John A. Pekar, PE
SUBJECT: RaceTrac Record Plat Review
We have reviewed the corrections to the RaceTrac final record plat (dated 2/29/16) and
responses to previous comments and recommend City approval.
Sincerely,
.4420
John A. Pekar, P.E.
JAP:rmf