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HomeMy WebLinkAboutPacket 09-04-2001VHLL 1 V W1r%L#1L_ . PLEDGE OF ALLEGIANCE: ROLL CALL: CONSENT AGENDA: City of Cape Canaveral JNCIL REGULAR MEETING 6ITY HALL ANNEX enue, Cape Canaveral, Florida TUESDAY September 4, 2001 7:00 PM AGENDA City Council Regular Meeting Minutes of August 21, 2001. 2. Installation of a Vortechnics Stormwater Box by Atlantic Development in the amount of $24,587.00. 3. Florida Recreation Development Assistance Program Grant Agreement for the Manatee Park Picnic/Restroom Facility, Kiosk and Trail. 4. Purchase of Building and Code Enforcement Department Software from Information Management Services, Inc. in the amount of $10,240.00. DISCUSSION: 5. Employee Health Insurance Program. REPORTS: 1. City Manager 2. Staff Public Works Status Report 3. City Council AUDIENCE TO BE HEARD: Comments will be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 FAX (321) 799-3170 • www.fcn.state.fl.us/cape e-mail: ccapecanaveralCcfl.rr.com City of Cape Canaveral City Council Regular Meeting September 4, 2001 Page 2 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. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. CALL TO ORDER: ROLL CALL: CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY August 21, 2001 7:00 PM MINUTES Council Members Present: Burt Bruns Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Larry Weber Council Members Absent Richard Treverton Others Present: Bennett Boucher, City Manager Kohn Bennett, City Attorney Susan Stills, City Clerk Andrea Bowers, City Treasurer Ed Gardulski, Public Works Director CONSENT AGENDA: Mayor Randels requested if any member of the Council, staff or interested party desired to remove an item from the Consent Agenda for discussion. Mayor Pro Tem Petsos requested to withdraw items No. 3 and 4. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Weber to approve Consent Agenda Items No. 1 and 2. Motion carried 4-0 with voting as follows: Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Weber, For. 1. City Council Regular Meeting Minutes of August 7, 2001. 2. Bid Award for RFP No. 01- 09, Tennis Court Resurfacing, to Nidy Company in the amount of $14,900. City of Cape Canaveral, Florida City Council Regular Meeting August 21, 2001 Page 2 3. Proposed Annual Reindeer 5K Run. A motion was made by Mr. Weber and seconded by Mayor Pro Tem Petsos to approve the Proposed Annual Reindeer 5K Run. Mr. Barzelatto, Business and Cultural Development Board (B&CD) Chairperson, said that Cape Canaveral would continue to host the run. He explained that the Port is a sponsor as well as facilities' provider. Mayor Randels explained that the Port was presented the concept first since their meeting preceded the Council meeting and approval was needed to decide on a location. Mayor Pro Tem Petsos expressed that he would have liked to be informed of the Board's concerns, prior to the decision to change locations. Ms. Bertie Edwards, B&CD Board Member, responded to Mr. Nicholas' question in that the Space Coast Runner's Association calculated the distance and the travel path met the 5K requirements. Motion carried 3-0 with voting as follows: Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Weber, For. Mr. Bruns arrived at 7:10 P.M. 4. Washington Park Decorative Sidewalk in the Amount of $26,340 to J & S Curb and Concrete. A motion was made by Mr. Bruns and seconded Mr. Weber by to approve the Washington Park Decorative Sidewalk in the Amount of $26,340 to J & S Curb and Concrete. Mayor Pro Tem Petsos questioned the increased cost for the project. Mr. Bruns pointed out that the original bid was for a five-foot sidewalk with colored concrete. Mr. Bruns referred to the letter on removing what was installed. Mr. Boucher responded that the reduced settlement price encumbered the amount of work already performed. Mr. Boucher explained that Public Works would remove the existing concrete. He explained further that Mr. Gardulski would meet with the contractor regarding this project. Motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Weber, For CONSIDERATIONS: 5. Petition for Action to Abandon a Portion of the Harbor Drive Road Right - of -Way. A motion was made by Mr. Bruns and seconded by Mayor Pro Tem Petsos to Send this Proposal to the Planning and Zoning Board with the Recommendation that All Cost Incurred by this Procedure are Carried by the People Receiving the Land. Mayor Pro Tem Petsos expressed concern with the City paying for the survey costs. Mr. Boucher said a title search might be necessary and if the City owns the property, legal descriptions and ingress and egress information would need to be compiled. Council discussed the language for a motion that would express the conditions for the cost of City of Cape Canaveral, Florida City Council Regular Meeting August 21, 2001 Page 3 the process and to forward the petition to the Planning and Zoning Board for consideration. Motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Weber, For. 6. Economic Development Commission, Board Member Appointment. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Weber to Appoint Mayor Randels to the Economic Development Commission Board of Directors. Motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Weber, For. ORDINANCE: Second Public Hearing 7. Motion to Adopt: Ordinance No. 01-02, Establishing a Fire/Rescue Services Referendum Question for the November 2001 Election. Mayor Randels read the Ordinance by title. A motion was made by Mr. Weber and seconded by Mayor Pro Tem Petsos to Adopt Ordinance No. 01-02, Establishing a Fire/Rescue Services Referendum Question for the November 2001 Election. Mr. Boucher pointed out that the 1.0 mill amount of increase inserted is the amount that Council recommended at the previous meeting. Mr. Bruns asked if the proposed increase is substantial for the Fire/Rescue Services needs. Mr. Boucher replied that this increase would provide $472,000 that is sufficient to cover the staffing requirements and to purchase capital equipment. Mayor Randels responded to Mr. Bruns that the current Fire/Rescue Budget is $582,520. Mr. Bruns expressed concern with not addressing public safety needs as a whole. Motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Weber, For. An amendment to the main motion was made by Mr. Bruns and seconded by Mayor Pro Tem Petsos to remove the words "Florida", "All" and "Located" from the body of the referendum in order to meeting that State Statute 75 word requirement. Attorney Bennett requested to remove the word "Florida" in the first sentence, and the word "all" in the fifth line and the word "located" in the last sentence. Motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Weber, For. City of Cape Canaveral, Florida City Council Regular Meeting August 21, 2001 Page 4 RESOLUTIONS: 8. Motion to Adopt: Resolution No. 01-25, Supporting Recommendations for Future Transportation Improvements in the City of Cape Canaveral. Mayor Randels read the Resolution by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUPPORTING RECOMMENDATIONS FOR FUTURE TRANSPORTATION IMPROVEMENT IN THE CITY OF CAPE CANAVERAL. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Weber to Adopt Resolution No. 01-25, Supporting Recommendations for Future Transportation Improvements in the City of Cape Canaveral. Mr. Boucher introduced Mr. Hurtado who provided a summary of the public meetings conducted during the study. Mr. Fabian Hurtado, Keith and Schnars, P.A., explained that the Council's approval is needed in support of the study. He explained that an arterial investment study is intended to note deficiencies. Mr. Hurtado stated that the public meetings allowed lay and technical people to meet and discuss improvement concepts. Three sets of workshops were held: October 2000, May 2001 and finally in August 2001. Mr. Hurtado related that in the first set of workshops concerns were identified; in the second set, solutions were formulated; and in the third set, concepts that gained community support were chosen. Mr. Hurtado said that endorsement from the communities is the final task. Mr. Hurtado explained that the after Council's endorsement, environmental concerns would be addressed to include stormwater management issues. He explained that the concepts are in the preliminary stages and subject to adjustments. Mr. Hurtado pointed out some of the concepts for Cape Canaveral as: To realign the International Drive area in order to facilitate mobility, and To use the existing rights-of-way in a bicycle/pedestrian networks Mayor Randels asked when the City could expect evidence of the study. Mr. Hurtado replied four years. He said that minor changes might occur in the interim such as, traffic lights and landscaping. Mayor Randels stated that the City received a grant for $224,000 from the state and although the study merits waiting for results, Council would prefer to proceed with landscaping projects. Mr. Bruns expressed concern that the study does not extend to State Road 401 next to the Port and expressed the importance of similar roadway patterns in the interchange area. Mr. Hurtado responded that the intersection could be included at a later time. Mayor Pro Tem Petsos asked what data is used for the traffic counts. Mr. Hurtado replied that the Brevard Metropolitan Planning Organization (MPO) provides a model of the highest City of Cape Canaveral, Florida City Council Regular Meeting August 21, 2001 Page 5 potential density for the area. Mayor Pro Tem Petsos asked if tourist influx is included in the data. Mr_ Hurtado replied that the MPO could provide those figures. Mayor Pro Tem Petsos questioned about the "grade separator" and said that the City has requested pedestrian crossovers from the Brevard (MPO) in previous years and asked that this be included in the study. Mr. Hurtado commended the City on its existing pedestrian access. Mr. Hurtado replied to Mr. Bruns' question on safe crossing that landscape medians and refuge islands are in the concept plan. Mayor Randels clarified for the record that there are no concepts to increase Cape Canaveral roadways to six -lanes. Mr. Nicholas questioned about the opening at the intersection of N. Atlantic Avenue and Jackson Avenue. Mr. Hurtado pointed out that the fire trucks would be able to use the opening. Mayor Randels directed the City Manager to forward a copy of the Resolution to the firm after adoption. Motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Weber, For. 9. Motion to Adopt: Resolution No. 01-26, Amendment to the Escrow Agreement with Downs Development Corporation and the Villages of Seaport Master Association. Mayor Randels read the Resolution by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN AMENDED AGREEMENT WITH DOWNS DEVELOPMENT CORPORATION, INC. AS SUCCESSOR TO MAXI -HOMES OF AMERICA AND THE VILLAGES OF SEAPORT MASTER, ASSOCIATION FOR THE REALLOCATION OF FUNDS TO FINANCE INTERSECTION CONFIGURATION AT W. CENTRAL BOULEVARD AND NORTH ATLANTIC AVENUE AND THE COMPLETION OF A TURNING LANE ON N. ATLANTIC AVENUE; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Weber and seconded by Mayor Pro Tem Petsos to Adopt Resolution No. 01-26, an Amendment to the Escrow Agreement with Downs Development Corporation and the Villages of Seaport Master, Association. Mr. Boucher explained since Council approved to allow the Ridgewood Avenue right-of- way to expire, funds need to be redirected to assist the traffic flow in that area. Mr. Boucher clarified that earmarked funds for Ridgewood Avenue would now be reallocated for the North Atlantic Avenue turn lane. Mayor Pro Tem Petsos asked if the developers are in agreement. Attorney Bennett noted that some amounts needed amending. Mr. Boucher stated to increase the amounts in paragraphs A and B by $900. Mayor Randels acknowledged Mr. Mel Sawyers, President, Seaport Master Association and Mr. Tom Downs, Downs Development for the record. Mr. Sawyers and Mr. Downs acknowledged and accepted the resolution. Mayor Randels clarified that the City was not part of the payment plan to Allen Engineering. Motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Weber, For. City of Cape Canaveral, Florida City Council Regular Meeting August 21, 2001 Page 6 DISCUSSION: 10. Fire Hydrant Fees. Mr. Boucher explained that the City Treasurer devised two payment plans for fire hydrant fees, 1) assessment to the tax bill, or 2) inclusion in the utility billing. Mayor Randels queried if $4.54 was sufficient as an additional charge. Mr. Boucher explained that historically the City incurred the fee for fire hydrants and this would represent a policy decision from the Council. Mr. Boucher said that this fee would be included on the November 2002 tax bill if that were the preferred payment method. Mayor Randels stated the consensus of Council as further discussion and directed staff to proceed to the next step. REPORTS: City Manager • Mr. Boucher announced the FL League of Cities conference August 23 through August 25th and that three people would attend. • Mr. Boucher reported on the successful progress of the Manatee Sanctuary Park boardwalk. • Mr. Boucher reported on the status of various projects. 2. Staff • No report. City Attorney • Attorney Bennett referred to his response letter regarding the transcript on the closed session held by the City of Cocoa Beach. Attorney Bennett stated that to date the City of Cocoa Beach had not offered names of potential mediators. Friends of the Library • Mayor Randels asked Ms. Jean Deck to display her tote bag with the City Seal sold by the Friends of the Library. Ms. Deck said that the bags sold out during their initial selling period and more are on order. 3. City Council Mr. Weber • Mr. Weber questioned the next step regarding library use issues. Mayor Pro Tem Petsos clarified for the record that the Library use is a conceptual plan. • Mr. Weber reported on the litter in the construction area just north of Cherie Down Park. Mayor Pro Tem Petsos commented that Tom Bubb, Building Inspector, is monitoring the area. City of Cape Canaveral, Florida City Council Regular Meeting August 21, 2001 Page 7 Mr. Bruns • No report. Mayor Pro Tem Petsos • Mayor Pro Tem Petsos reported he received a response on the light poles and a Florida Department of Transportation permit is in order for installation of a street light at State Road Al and North Atlantic Avenue. • Mayor Pro Tem Petsos commented on the newly formed pothole on Commerce Drive and asked if staff could call on the contractor to address the problem. • Mayor Pro Tem Petsos asked why Wendy's cut back the shrubs. Mayor Randels explained that the shrubs were too tall for safety purposes. Mr. Boucher replied that the Florida Department of Transportation made stringent requirements on the restaurant's landscape plan. Mayor Pro Tem Petsos recommended contacting FDOT and informing them of the City's landscape codes. • Mayor Pro Tem Petsos reminded Council that qualifying begins on September 4th through the 18th • Mayor Pro Tem Petsos asked if Council could address the residents in the Ocean Oaks area regarding the 50 -foot right-of-way. Mr. Boucher replied that staff was instructed to proceed with deeding the property back to the respective owners. He related that Benko Construction dedicated the entire 50 - foot right-of-way, if abandoned each adjacent property owner receives half. Mr. Boucher said that he would put together a cost estimate and that the property owners pay the cost of this procedure. • Mayor Pro Tem Petsos received the latest concurrency management data and provided a copy for Mr. Nicholas to address his concerns from a previous meeting about the sewer system. • Mayor Pro Tem Petsos reminded everyone that Cape View Elementary has discount coupon booklets to local area attractions and restaurants for $20. Mayor Randels • Mayor Randels reported on the new sidewalks on North Atlantic Avenue in front of Port Canaveral Trailer Park and displayed photos of the results. • Mayor Randels reported that the Department of Environmental Protection requested participants in a public workshop and he served on the reuse committee. The committee will research underground storage of reclaimed water. • Mayor Randels announced that the Brevard Schools Foundation would meet on August 29th and is looking for mentors. • Mayor Randels announced that Bob Hyres is now with Waste Pro. • Mayor Randels reported that he was a presenter at Gardendale Elementary School in a city simulation program with the Micro -Society class. City of Cape Canaveral, Florida City Council Regular Meeting August 21, 2001 Page 8 • Mayor Randels commented on the Harbor Heights notifications on the new sanitary sewer line construction from the Public Works Department. Mr. Boucher replied that the notices are in draft form and would be distributed prior to any work performed. • Mayor Randels reported on the change of officers at NOTU, Lt. Cmdr. Anita H.B. Wright, USN replaced Cmdr. Select Nannette S. Roberts, USN. • Mayor Randels asked for the status of the pepper tree ordinance. Mr. Boucher responded a Florida Statute prohibits cultivation and he would continue research. • Mayor Randels distributed Economic Trends information from the Economic Development Commission as well as the Economic Profile book for 2001/2002 that compiles valuable statistics on Brevard cities. • Mayor Randels acknowledged Ms. Jean Deck and the Friends of the Library for the thank you letter to the Council for the tote bags. • Mayor Randels reported that Publix Supermarkets is again looking for land and showing interest in Cape Canaveral. • Mayor Randels reported that the Canaveral Port Authority and the Army Corps of Engineers agreed on the sand bypass for the year 2004. • Mayor Randels distributed the new 528 Beachline bumper stickers from Larry Mullin, Chairman of the Florida Beachline Development Committee. AUDIENCE TO BE HEARD: Mr. James K Brown, Library Board Member, related concerns on the proposed plan to use the Library. Mr. Boucher said that he plans to meet with Tom Jenkins, Brevard County Manager, Catherine Schweinsberg, Library Services Director and Isabel Escapa, Cape Canaveral Library Director to inspect the meeting room and consider possibilities. ADJOURNMENT: There being no further business, a motion was made by Mr. Bruns and seconded by Mr. Weber to adjourn the meeting at 9:22 P.M. Motion carried unanimously. Rocky Randels, MAYOR Susan Stills, CITY CLERK Meeting Type: Regular Meeting Date: 09-04-01 AGENDA Heading Consent Item 2 No. process. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: INSTALLATION OF A VORTECHNICS STORMWATER BOX BY ATLANTIC DEVELOPMENT IN THE AMOUNT OF $24,587 DEPT./DIVISION: PUBLIC WORKS Requested Action: City Council award the installation of this stormwater box to Atlantic Development in the amount of $24,587 as recommended by the public works director. Summary Explanation & Background: See attached memo. The public works director opted to obtain (3) written quotes for the task and has requested waiving the bid process. Exhibits Attached: Public works director's memo of 08-29-01 City' mar's Office �/ Department PUBLIC WORKS caredim\mydocume ts\ad �\meeting\2001\09-04-017v-artechnies.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: August 29, 2001 SUBJECT: City Council Agenda Item for September 4, 2001 Installation of Vortechnics Box The City of Cape Canaveral made application for funding from St. John's Water Management District through the Stormwater Cost Sharing Program. On March 23, 2000 the City received notice for funding in the amount of $20,900 for this project. City of Cape Canaveral Council approved the 18 -month cost sharing agreement on August 8" 2000. The scope of the Stormwater Recovery Construction Cost Sharing project will consist of the collection and pretreatment of Stormwater at the Public Works Facility. This pilot project will determine the feasibility of utilizing Stormwater as a supplement for reclaimed water and the further expansion of the program. Funding for this cost-sharing capital project to be appropriated for this budget year from the Enterprise Fund. The Sole Source purchase of the Vortechnics Model 4000 was approved by SJRWMD as part of the cost sharing agreement. This product is to be installed for evaluation and testing. On December 5r", 2000, City Council approved the purchase of the Vortechnics Model 4000. The Design and construction of the box is now complete and ready for delivery. In an effort to complete the SJRWMD grant agreement within the scope of the City of Cape Canaveral contract time period the Public Works Director has requested price quotes from three contractor. Quotes were requested and received first from the two contractors awarded the bid on August 7`" for the Lift Station #4 Replacement and the sewer line installation. Attached are the quotes from Santa Cruz Construction and Prime Construction Group. In addition, a third quote was received from Atlantic Development. Of the three price quotes, Atlantic Development was the lowest. Recommend waving the bidding requirement and approval of the installation of the Vortechnics box by Atlantic Development in the amount of $24,587. Attachments CC: File P1n/22/20-DI M' 08 =21-639-01J3b ATLANTIC PEVELORIENT P.4aE LA ATLANTIC IC DEV. ELOPPNMENT OF COCOA. INC, COMPLETE XE DEVELOPMENT 2185 West king Street, Cocoa, Florida 32.926 Telephone (321) 639-8788 Fax (321) 639-0936 August 21, 2001 City of Cape Canaveral 600 Tower Road Cape Canaveral, FE 32920-0326 Attention: Walter Bandish Superintendent Reference: Proposed Vortech System Installation Dear Mr. Bandi&h, We are pleased to provide a quote to furnish all materials, tabor, equipment and supervision to construct the proposed Vortech system as per plan and specifications. See the attached schedule of values for our quote. The quote is based on the City of Cape Canaveral furnishing the Vortech box with top, rung and covers. If we can be of any assistance or should you bBve any questions please contact our office at your convenience. Respectfully, ATLANTIC DEVELOPMENT OF COCOA INC. G�Qx�� Ray Parker Estimator RP/sd Exclusions c18; 2 i' 2 401 08: L'8 ATLANTI,-: LEVD_0R1Et,T PAGE U Page 2 of 2 Proposed Vorrech System Installation. A. MOBILIZATION and MOT DESCRIPTION _ ion and Maintenance of Traffic TOTAL QUANTITY PRICE / 1'. l.IS S1,3 B. STOn4 WATER T'R.fATMENTBOX $1,320.00 DEKMPTION Crane [TAN'I'ITY PR.ICf, l ITEMTOTAL 8 hr LS �. -� $3,3(0.(;ti) I }3acichoe Excavate -- - 81u _ S� l._ — _660.00 & set Vortech I ea �__ LS r $4-400.t?U _Dewater FRernove 24" __ _ I ea - LS � $3,500.00 RCP Re -install 24" RCP Connect to a {fisting------ 16 If $33.00 3 if $33.00 2 ea $900.00 $528.00 $99.00 $1,800.00 Pavement restoration- _ 1 ea --+ - LS $3,000.00 Ccrrtaect to existing wet well core I ea $1,000.00 $1,000.00 bore 8" PVC 180 If �- $16(}0 1 $2,880.00 F_45' bend w/mega jugs 1 ea_ $300.00 1 ea $800.00 FS800.00 $300.00 _ 8" a� to valve &box Restoration and sod 1 ea LS $1,000.00 TOTAL $23,267.00 Ji OB T(?TAL (Iteral A&B) --j -- S24,587.00 j EXCLQ$,1QNS All sterns affected by cost of petro petroleum products, leum products are subject to any future price escalations of said Unless otherwise noted proposal does not include connection charges, fees, bonds, testing, permits, consTxuction lay out, as built drawing, relocation of any utility, rock excavation, demucking, concrete flat work, sod, seed, mulk:.b or any unforeseen obstructions or obstacles, or the replacement of any unsuitable materials. Earthwork prices are sabmitted based upon all ov-site excavated material being suitable for structural fill. Earthwork pticcs do not include removal and/or replacement of any organic or hardpan materials underlying the retention area, building pads or roadways. Unless a lump sum price is to be paid for the foregoing work, and is clearly so stated, it is understood and agreed that the quantities refermd to above the estimates only and that payment shall be made at the stated unit prices on the actual quantities of work performed by the contractor as determined upon completion of the work and based on field measurements. This proposal expires thirty (3t)) days from the date here of, but may be accepted at any later date at the snle option of Atlantic Development of Cocoa, Inc. 05,29%2001 08:18 F--',3. 4[)76568182 HINE CONTSTRU TICS` PRIME CONSTRUCTION CROUP, INC. zool FACSIMILE COVER SHEET 1000 Jets -earn Omre, Crie.ndo, FL 32824 FL License 711G Cum 504 P.O. Sox 5x0507, 0�andc, FL 32859-0,507 Ft. ucanse CJ 3o5c6;,0 FL License y FE �-'0:3QS 3 i eleohcre: (!0 7, 8E6-8 180 IZ4SCALL : AUG 2 9 2001 rA, OT EB�w� FIE IVE7 L=IF ALLF 3 E�Y Fafisimiie: G r A i i cV�l.� V: 10,47S PHCNE � �Z l - �rl -- T � �U I I;'•cam C:.vQr 5reer, / 71 r'fe=3e Carrent i Cc; : ext •v,�i -e; vR r,.<-i�cr yc r nrcr..attt� r� ::cmMEW, ---fok-z You, . gp—� m br 6xCfgy,4'rc , jPl ,/ re ST2gc rr-,/ �, � pfPe Gowi; F- 1� taw /e-� i Y/Ly�}ly,' 0tV&2 lrt/ ✓h a le { 7 t c Dw:.t s �l fi � r�i [ .v � �� &je r- .0 6c �/ e je ,-z 4-- ce vim,? -s Py CTtfsk + NaX, P45.5 i ns O N e +moo tSr 4- t �f tet. A• i �V fav �j7 C) � (O p,�ir/f�. 2aM ��i %/Lcr[�rc. I rr ci14f "-�'u �XC�+►dairC.� vty' .moi .A lz ONSTRUCTION INC. City of Cape Canaveral Public Works P. O. Box 326 Cape Canaveral, FL 32920-0326 Attention: Ed Garduiski 4205 N. Courtenay Parkway Merritt Island, FL 32953 (321) 452-3190 FAX (321) 459-3358 scci@santacruzconstruction.com August 9, 2001 Reference: Installation of Vortechs Model 4000 Stormwater Treatment System Mr Gardulski: Santa Cruz Construction, Inc. (SCCI) respectfully submits the following quote to complete the above referenced project: Labor, equipment and materials required to install Vortechs Model 4000 Stormwater Treatment System as per drawing C1: $46,897.00 `,Vortechs Model 4000 to be provided by others. If you have any questions, please do not hesitate to call me. Sincerely, Dacks Rodriguez Project Manager ABijmb cc: File SCCI ESTABLISHED 1975 State Certified and Bonded General Contractor State License Number CGC004606 Meeting Type Regular: Meeting Date: 09-04-01 AGENDA REPORT AGENDA Heading Consent Item 3 No. This grant will cover the cost of constructing a picnic pavilion, restrooms, hiking trail and educational kiosk for CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM GRANT AGREEMENT FOR THE MANATEE PARK PICNIC/RESTROOM FACILITY, KIOSK AND TRAIL DEPT./DIVISION: PARKS & RECREATION Requested Action: City Council approve this grant agreement with the Florida Department of Environmental Protection: Grant Funds $112,500 City Match $ 37,500 TOTAL PROJECT COST 150 000 Summary Explanation & Background: This grant will cover the cost of constructing a picnic pavilion, restrooms, hiking trail and educational kiosk for the Manatee Park. I recommend approval. Exhibits Attached: Grant agreement City M,anlg&l-'s Office Department PARKS & RECREATION r` e- mydocmen n Acil\meeting\2001\09-04-01\FRDAP.doc Jeb Bush Governor Department of Environmental Protection Ms. Nancy L. Hanson City of Cape Canaveral 7300 N. Atlantic Avenue P. O. Box 326 Cape Canaveral, Florida 32920 Re: Manatee Park - Phase 1I FRDAP Project No. F02160 Dear Ms. Hanson: Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard David B. Struhs Tallahassee, Florida 32399-3000 Secretary August 15, 2001 Thank you for your letter accepting the Florida Recreation Development Assistance Program (FRDAP) grant. The grant agreement has been prepared in accordance with your acceptance letter. It is important that you review the agreement to ensure that information specific to your project is accurate. Please execute and return both original copies of the agreement. In signing the agreement, do not complete the blank space for the date. Our staff will date the agreement when formally executed by the Department and one original copy will be returned to you. Thank you for your attention to this matter. If you have any questions, please contact us at (850) 488-7896 or Suncom 278-7896. ADL/lp Enclosure Sincerely, Q - A. Diane Langston Community Assistance Consultant Bureau of Design and Recreation Services Division of Recreation and Parks Mail Station #585 Printed on recycled paper. F0160 DEP Contract Number CSFA Number: 37017 CSFA Title: FRDAP FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM Project Grant Agreement - Development This Agreement is made and entered into this day of 200, by and between the State of Florida, DEPARTMENT of Environmental Protection, hereinafter called the DEPARTMENT, and the City of Cape Canaveral, hereinafter called the GRANTEE, in furtherance of an approved public outdoor recreation project. In consideration of the mutual covenants contained herein and pursuant to section 375.075, Florida Statutes, and chapter 62D-5, Part V, Florida Administrative Code, the parties hereto agree as follows: 1. This Agreement shall be performed in accordance with section 375.075, Florida Statutes, and chapter 62D-5, Part V, Florida Administrative Code, hereinafter called the RULE. The GRANTEE shall comply with all provisions of the RULE effective August 23, 2000, which is incorporated into this Agreement as if fully set forth herein. It is the intent of the DEPARTMENT and the GRANTEE that none of the provisions of section 163.01, Florida Statutes, shall have application to this Agreement. 2. The DEPARTMENT has found that public outdoor recreation is the primary purpose of the project known as Manatee Park, Phase II (Florida Recreation Development Assistance Program, FRDAP Project Number F02160), hereinafter called the PROJECT, and enters into this Agreement with the GRANTEE for the development of that real property, the legal description Page 1 of 11 of which shall be submitted to the DEPARTMENT as described in the Florida Recreation Development Assistance Program Development Project Pre-reimbursement/Commencement Documentation Form, DEP Form FPS -A034. 3. The GRANTEE shall construct, or cause to be constructed, certain public outdoor recreation facilities and improvements consisting of the following PROJECT elements which may be modified by the DEPARTMENT if GRANTEE shows good cause: Hiking trail, picnic pavilion, educationsal kiosk, restrooms, and other related support facilities. 4. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE, funds not to exceed $112,500, which will pay the DEPARTMENT'S share of the cost of the PROJECT. DEPARTMENT fund limits are based upon the following: DEPARTMENT Amount $112,500 75% GRANTEE Match $37,500 25% Type of Match Cash and/or In-kind Services S. The PROJECT reimbursement request shall include all documentation required by the DEPARTMENT for a proper pre - audit and post -audit review. Within sixty (60) days after receipt of the request, the DEPARTMENT'S Contract Manager shall review the completion documentation and payment request from the GRANTEE for the PROJECT. If the documentation is sufficient and meets the requirements of the Florida Recreation Development Assistance Program Completion Documentation Form, DEP Form FPS -A037, referenced in s. 62D -5.058(6)2(g), the DEPARTMENT will approve the request for payment. 6. The GRANTEE agrees to comply with the Division of Recreation and Parks' Grant and Contract Accountability Procedure, hereinafter called the PROCEDURE and incorporated into this Agreement by reference as if fully set forth herein. All purchases of goods and services for accomplishment of the PROJECT shall be secured in accordance with the GRANTEE'S adopted procurement procedures. Expenses representing the PROJECT costs, including the required matching contribution, shall be reported to the DEPARTMENT and summarized on certification forms provided in the Page 2 of 11 PROCEDURE. The DEPARTMENT and GRANTEE agree to use the PROCEDURE guidelines accounting for FRDAP funds disbursed under the PROJECT. The parties further agree that the principles for determining the eligible costs, supporting documentation and minimum reporting requirements of the PROCEDURE shall be used. 7. Allowable indirect costs shall not exceed 150 of the GRANTEE'S eligible wages and salaries. Indirect costs that exceed 15% must be approved in advance in writing by the DEPARTMENT to be considered eligible PROJECT expenses. 8. Pursuant to s. 215.422, Florida Statutes, the Department's Project Manager shall have five (5) working days, unless otherwise specified herein, to inspect and approve the payment requests for payment. The DEPARTMENT must submit a request for payment to the Florida DEPARTMENT of Banking and Finance within twenty (20) days; and the DEPARTMENT of Banking and Finance has fifteen (15) days to issue a warrant. Days are calculated from the date the invoice is received or the date the services are received, inspected, and approved, whichever is later. Invoice payment requirements do not start until a complete and correct invoice has been received. Invoices which have to be returned to the GRANTEE for correction(s) will result in a delay in the payment. A Vendor Ombudsman has been established within the Florida DEPARTMENT of Banking and Finance who may be contacted if a contractor is experiencing problems in obtaining timely payment(s) from a State of Florida agency. The Vendor Ombudsman may be contacted at (850)410-9724 or (800)848-3792. 9. In accordance with s. 215.422, Florida Statutes, the DEPARTMENT shall pay the GRANTEE interest at a rate as established by s. 55.03(1), Florida Statutes, on the unpaid balance, if a warrant in payment of an invoice is not issued within 40 days after receipt of a correct invoice and receipt, inspection, and approval of the goods and services. Interest payments of less than $1 will not be enforced unless the GRANTEE requests payment. The interest rate established pursuant to s. 55.03(1), Florida Statutes, by Comptroller's Memorandum No. 12 (1999-00) dated December 2, 2000, has been set at 11.0% per annum or .0003014% per day. The revised interest rate for each calendar year beyond 2000 for which the term of this Agreement is in effect can be Page 3 of 11 obtained by calling the DEPARTMENT of Banking and Finance, Vendor Ombudsman at the telephone number provided above or the Department's Contracts Section at 850/922-5942. 10. It is understood by the parties that the amount of this Agreement may be reduced should the Governor's Budget Office declare a revenue shortfall and assess a mandatory reserve. Should a shortfall be declared, the amount of this Agreement may be reduced by the same percentage as the DEPARTMENT is assessed for the mandatory reserve. 11. PROJECT funds may be reimbursed for eligible pre -agreement expenses (as defined in s. 62D-5.054(29) of the RULE) incurred by GRANTEE prior to execution of this Agreement as set forth in s.62D-5.055(9) of the RULE. The DEPARTMENT and the GRANTEE fully understand and agree that there shall be no reimbursement of PROJECT funds by the DEPARTMENT for any expenditure made prior to the execution of this Agreement with the exception of those expenditures which meet the requirements of the foregoing sections of the RULE. 12. Prior to commencement of PROJECT development, the GRANTEE shall submit the documentation required by the Florida Recreation Development Assistance Program Development Project Pre-reimbursement/Commencement Documentation Form, DEP Form FPS -A034, referenced in s. 62D -D.058 (6) (f) of the RULE, to the DEPARTMENT upon determining that the documentation complies with the RULE, the DEPARTMENT will give notice to GRANTEE to commence the development and approve the request for payment. 13. The Grantee shall obtain all required local, state and federal permits and approvals prior to commencement of project construction and shall certify that it has done so to the Department by completing the Permitting Certification, FPS -A034, referenced in s. 62D -5.058(7)(c) of the Rule. 14. This Agreement shall become effective upon execution and the GRANTEE shall complete construction of all PROJECT elements on or before The GRANTEE may request up to two (2) one (1) year extensions from the DEPARTMENT for good cause at the written request of the GRANTEE and such Page 4 of 11 request must be made prior to the PROJECT completion date. Project must be completed within 5 years, or money may revert. 15. Project completion means the project is open and available for use by the public. Project must be completed prior to release of final reimbursement. 16. Any local governmental entity, nonprofit organization, or for-profit organization that is awarded funds from a grants and aids appropriation by a state agency shall: If the amounts received exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to s. 11.45, Florida Statutes; or If the amounts received exceed $25,000, but do not exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to s. 11.45, Florida Statutes, or have a statement prepared by an independent certified public accountant which attests that the receiving entity or organization has complied with the provisions of this Agreement; or If the amounts received do not exceed $25,000, have the head of the entity or organization attest, under penalties of perjury, that the entity or organization has complied with the provisions of this Agreement. 17. A copy of the audit or attestation as required in Paragraph 16, shall be submitted to the DEPARTMENT within one (1) year from the PROJECT completion date as set forth in the PROJECT completion certificate. 18. In addition to the provisions contained in Paragraph 16 above, the Grantee shall comply with the applicable provisions contained in Attachment 1. A revised copy of Attachment'l, Exhibit -1, must be provided to the Grantee with each amendment which authorizes a funding increase or decrease. The revised Exhibit -1 shall summarize the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment 1. If the Grantee fails to receive a revised copy of Page 5 of 11 Attachment 1, Exhibit -1, the Grantee shall notify the Department's Contracts Administrator at 850/488-7896 to request a copy of the updated information. 19. Following receipt of an audit report identifying any reimbursement due the DEPARTMENT for the GRANTEE'S non- compliance with this Agreement, the GRANTEE will be allowed a maximum of thirty (30) days to submit additional pertinent documentation to offset the amount identified as being due Following receipt of an audit report identifying the DEPARTMENT. The DEPARTMENT, following a review of the documentation submitted by the GRANTEE, will inform the GRANTEE of any reimbursement due the DEPARTMENT. 20. The GRANTEE shall retain all records supporting PROJECT costs for three (3) years after the fiscal year in which the final PROJECT payment was released by the DEPARTMENT or until final resolution of matters resulting from any litigation, claim or audit that started prior to the expiration of the three-year retention period. The DEPARTMENT, State Auditor General, State Comptroller and other agencies or entities with jurisdiction shall have the right to inspect and audit the GRANTEE'S records for said PROJECT within the three-year retention period. 21. The DEPARTMENT'S Contract Manager for the purpose of this Agreement shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The GRANTEE'S Liaison Agent, as identified in the PROJECT application, or successor, shall act on behalf of the GRANTEE relative to the provisions of this Agreement. The GRANTEE'S Liaison Agent, shall submit to the DEPARTMENT signed PROJECT status reports every ninety (90) days summarizing the work accomplished, problems encountered, percentage of completion, and other information which may be requested by the DEPARTMENT. Photographs to reflect the construction work accomplished shall be submitted when the DEPARTMENT requests them. Any and all notices shall be delivered to the parties at the following addresses: Page 6 of 11 r.rAnt'PP Ms. Nancy L. Hanson City of Cape Canaveral 7300 N. Atlantic Avenue Cape Canaveral, Florida 32920 Department A. Diane Langston Dept. of Environmental Protection 3900 Commonwealth Blvd., MS 585 Tallahassee, Florida 32399-3000 22. Prior to final reimbursement, the GRANTEE must erect a permanent information sign on the PROJECT site which credits PROJECT funding or a portion thereof, from the Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program. 23. The DEPARTMENT has the right to inspect the PROJECT and any and all records related thereto at any reasonable time. 24. This Agreement may be unilaterally canceled by the DEPARTMENT in the event the GRANTEE refuses to allow public access to all documents, papers, letters or other materials made or received in conjunction with this Agreement pursuant to the provisions of Chapter 119, Florida Statutes. 25. The DEPARTMENT shall also have the right to demand a refund, either in whole or in part, of the FRDAP funds provided to the GRANTEE 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 and determined pursuant to Section 55.03(1) of the Florida Statutes. Interest shall be calculated from the date(s) of payment(s) to the GRANTEE by the DEPARTMENT to the date repayment is made by GRANTEE. 26. The GRANTEE shall comply with all federal, state and local rules, regulations and ordinances in acquiring and developing this PROJECT. The GRANTEE acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations including all applicable building codes. The GRANTEE further agrees to ensure that the GRANTEE'S contract will include the requirements of this paragraph in all subcontracts made to perform this Agreement. Page 7 of 11 27. Land owned by the GRANTEE, which is developed or acquired with FRDAP funds, shall be dedicated in perpetuity as an outdoor recreation site by the GRANTEE for the use and benefit of the public as stated in Administrative Rule 62D- 5.059(2). Land under control other than by ownership of the GRANTEE such as by lease, shall be dedicated as an outdoor recreation area for the use and benefit of the general public for a minimum period of twenty-five (25) years from the completion date set forth in the PROJECT completion certificate. All dedications must be recorded in the public property records by the GRANTEE. Such PROJECT shall be open at reasonable times and shall be managed in a safe and attractive manner appropriate for public use. 28. Failure to comply with the provisions of the RULE or the terms and conditions of this Agreement will result in cancellation of the Agreement by the DEPARTMENT. The DEPARTMENT shall give the GRANTEE in violation of the RULE or this Agreement a notice in writing of the particular violations stating a reasonable time to comply. Failure to comply within the time period state in the written notice shall result in cancellation of the Agreement and may result in the imposition of the terms in Paragraph 25. 29. In the event of conflict in the provisions of the Rule, the Agreement and the Project Application, the provisions of the Rule shall control over this Agreement and this Agreement shall control over the Project Application documents. 30. If the DEPARTMENT determines that site control is not sufficient under the RULE the DEPARTMENT shall give the applicant a notice in writing and a reasonable time to comply. If the deficiency cannot be reasonably corrected within the time specified in the notice, the DEPARTMENT shall cancel this AGREEMENT. 31. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature. Page 8 of 11 32. This Agreement strictly prohibits the expenditure of FRDAP funds for the purpose of lobbying the Florida Legislature, the judicial branch, or a state agency. 33. No person on the grounds of race, creed, color, national origin, age, sex, marital status or ability level, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. 34. Each party hereto agrees that it shall be solely responsible for the 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 s. 768.28, Florida Statutes. 35. The employment of unauthorized aliens by any GRANTEE is considered a violation of s. 274A(e) of the Immigration and Nationality Act. If the GRANTEE knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The GRANTEE shall be responsible for including this provision in all subcontracts with private organizations made to perform this Agreement. 36. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, Florida Statutes, or Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 37. The 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 be ineffective to the extent of such prohibition or invalidity, without invalidating the Page 9 of 11 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 unless prohibited by law. 38. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 39. This Agreement is not intended nor shall it be construed as granting any rights, privileges or interest in any third party without mutual written agreement of the parties hereto. 40. This Agreement is an exclusive contract and may not be assigned in whole or in part without the written approval of the Department. 41. 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 executed by each of the parties hereto, and attached to the original of this Agreement. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 10 of 11 IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed on the day and year first above written. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Division Director (or Designee) Division of Recreation and Parks Address: Bureau of Design and Recreation Services Division of Recreation and Parks 3900 Commonwealth Boulevard Mail Station 585 Tallahassee, Florida 32399-3000 DEP Contract Ma er Approved as to Form and Legality: This form has been pre -approved as to form and legality by Suzanne Brantley, Assistant General Counsel, on June 6, 2001 for use for one year. DEP 42-058 Revised 05-18-2001 Page 11 of 11 CITY OF CAPE CANAVERAL Title. Address: 7300 N. Atlantic Avenue Cape Canaveral, Florida 32920 Grantee Attorney Attachment -1 SPECIAL AUDIT REQUIREMENTS The administration of funds 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 section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, 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 Environmental 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 Comptroller 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. In the event that the recipient expends $300,000 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 agreement 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 funds 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 OMB Circular A-133, as revised, will meet the requirements of this part. 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 $300,000 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 $300,000 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 funds (i.e., the cost of such an audit must be paid from recipient funds 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://aspe.os.dhhs.gov/cfda. y PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. 1. In the event that the recipient expends a total amount of State awards (i.e., State financial assistance provided to the recipient to carry out a State project) equal to or in excess of $300,000 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 Executive Office of the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor General. EXHIBIT 1 to this agreement indicates State funds awarded through the Department of Environmental Protection by this agreement. In determining the State awards expended in its fiscal year, the recipient shall consider all sources of State awards, including State funds received from the Department of Environmental Protection, except that State awards received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. 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 reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.600, Rules of the Auditor General. 3. If the recipient expends less than $300,000 in State awards 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 $300,000 in State awards 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 non -State funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other than State entities). 4. For information regarding the Florida Single Audit Act, including the Florida Catalog of State Financial Assistance (CFSA), a recipient should access the website for the Governor's Office located at http://sun6.dms.state.fl.us/fsaa/ for assistance. In addition to the above website, the following websites may be accessed for information: Legislature's Website http://www.lee.state.fl.us/, Governors Website http://www.flgov.com/, Department of Banking and Finance's Website http://www.dbf.state.fl.us/aadir/FSAAIndex.html, and the Auditor General's Website http://sun6.dms.state.fl.us/audizen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of State awards that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State agency must arrange for fimding the full cost of such additional audits. This part would be used to specify any additional audit requirements imposed by the State agency that are solely a matter of that State agency's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements).) PART IV: REPORT SUBMISSION 1. Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement 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: A. The Department of Environmental Protection at each of the following addresses: A. Diane Langston Florida Department of Environmental Protection 3900 Commonwealth Blvd. Mail Station 585 Tallahassee, Florida 32399 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) 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 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 each of the following addresses: A. Diane Langston Florida Department of Environmental Protection 3900 Commonwealth Blvd. Mail Station 585 Tallahassee, Florida 32399 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 3. Copies of reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses: A. Diane Langston Florida Department of Environmental Protection 3900 Commonwealth Blvd. Mail Station 585 Tallahassee, Florida 32399 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 4. Copies of reports or management letters required by PART III of this agreement shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at each of the following addresses: A. Diane Langston Florida Department of Environmental Protection 3900 Commonwealth Blvd. Mail Station 585 Tallahassee, Florida 32399 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 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, and Chapter 10.600, Rules of the Auditor General, as applicable. 6. Recipients, when submitting audit reports to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, should indicate the date that the audit report was delivered to the recipient in correspondence accompanying the audit report. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of 3 years from the date the audit report is issued, and shall allow the Department of Environmental Protection or its designee, 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, 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 p x W O O O 64 i _ T ~ � U O cU c O p c 0 C O ¢ O CL O E E- L Q N c Q � '3 U O (L 0 w .c 0 b 0 fsr c E U v � � Q G Q Ca E � �z 3 C R 7 U 4 G • in h�M o^ e y � u" U � .J v U ¢ Li w a O U b Li. y L U � cL0 E O 3 �� zM C R C L � N O L U v O i � onE v � v L � N O O O 64 i T U r L v a T L O t� 7 � U L CS O p c Q E O ¢ O O E � L Q N 0 G � b eC L (L U F�1 O b 0 fsr N c 0 U � � Q G � w � U 3 0 w U �' 0 G • in O o^ •c 0 � u" U C 6a Li w a ami Q L Q y U � i E O 0 �� zM C R �I L � N O L U v O •� CIL d v � '~y O L � N O 67 .fl c`a 3 G Q L U E .o c`n E ;y U o L Z a y Cx d O¢ O O O 64 i 0 v a T L O t� 7 � U L CS O p Q O O O c Q N G � b (L F�1 a vi N c 0 U � C/) •v G � Nw �p U �' 0 G • in o^ c � u" Li w a by U U 9 CU Y� � E O �� zM a v L � N O L U �•' O R. N 0 G R � G L v] Cx d O¢ '.O Ic .a O y O` w�-la 3 c :7 72 to u c R U ;M4 a E . z o En O O O 64 i Meeting Type: Regular Meeting Date: 09-04-01 AGENDA Heading Consent [tem 4 No. The current SBCCI software is DOS based; this new software is Windows based and staff seems confident about AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: PURCHASE OF BUILDING AND CODE ENFORCEMENT DEPARTMENT SOFTWARE DEPT./DIVISION: BUILDING DEPARTMENT/PUBLIC SAFETY Requested Action: City Council consider the request to purchase new building and code enforcement department software as recommended by the building official from Information Management Services in the amount of $10,240.00. Summary Explanation & Background: See the attached memo. Funds were budgeted during the last budget amendment. The current SBCCI software is DOS based; this new software is Windows based and staff seems confident about using this program. Exhibits Attached: Building Official memo dated 08-30-01 City aef's Of / Department BUILDING DEPARTMENT/PUBLIC SAFETY ca m\m ocu s\ffdmin\council\meeting\2001\09-04-01\ims.doc Date: August 30, 2001 To: Honorable Mayor and Members of City Council Through: Bennett Boucher, City Manager From: Morris Reid, Building Official )Y! , Re: Request to Purchase Building and Code Enforcement Software ----------------------------------------------------------------------------------------------------------- The Building department has reviewed and had numerous demonstrations of permitting software from $2000.00 to $50,000.00 plus dollars. After reviewing the different programs available, I feel that Information Management Services (IMS) software is the best software available for the money. The IMS program is the same program used by the City Treasurer. When the Building department moves to a new location the treasurer will be able to check daily receipt of Building department through the network. In reviewing the different programs, IMS (a Florida based Company), has the best support. The IMS software includes both Building Permit and Code Enforcement Software. I respectfully request that the City Council approve the purchase of the above described programs. The price for the Building Permits Manager, $4,545.00, and the Citizen Services Manager, $2,695.00, and the digital photo feature, $1,200.00. Prices include on-site installation and employee training. Training for program is $450.00 per day for four days, $1,800.00. Total $10,240.00. The Building Permit Program is designed to track permits; inspections; calculate permit fees automatically; contractor licensing information; and property addresses and legal descriptions. The property records will be stored and updated as permits are issued. The program will also keep track of all scheduled inspections for each day, and maintain a history of inspections for each permit. The Code Enforcement/Citizen Services Manager works in tandem with the Building Permits Manager to help determine if a Permit should be issued on a property with a code violation. This program tracks cases by case number, date, name or address to facilitate the Code Enforcement Officers with locating data and assist with scheduling inspections and responding to violations. Both programs share a property database, eliminating the need for duplicate keying of addresses. Reports will track activities by date and by inspector, along with a detail and history of actions taken on a violation. Additionally, the code enforcement officers are utilizing digital photos to associate with cases. With an added feature, the photos can be downloaded and stored into a photo file and reproduced in a standard activity report of that case. The programs are very user-friendly and have Help keys throughout. One of the best features of these programs are the various reports that can be generated which will produce an up-to-date tracking system. Thank you for your consideration. Ims March 13, 2000 inFormaTion manaoemenT services Ms. Andrea Bowers Director of Finance City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Dear Ms. Bowers.- Thank owers: Thank you for the opportunity to present information on the IMS Building Permits Manager and Citizen Services Manager to the City of Cape Canaveral. IMS is proud to be the oldest Florida company producing a complete package for city governments which is both inexpensive and practical. Thousands of hours have gone into creating systems which will give your City the efficiency it needs to serve your citizens most effectively. Information Management Services is a full service company. From systems design to forms printing, from computer maintenance to software installation and on-site training, IMS can support all of your information management needs. For over twenty years Information Management Services, Inc. has been providing solutions to both hardware and software needs for municipal governments. Building Permits Manager is designed to track permits, their inspections, fee calculations (either flat fees or based on tables) and contractor information, including registering, collecting of fees, and printing of contractor registration forms/licenses if required by your municipality. The contractor information includes Worker's Compensation information and expiration, along with state certification and registration numbers, and the expiration of same, insurance information, occupational license information and contractor license information and expiration. All Property records can be stored in your system, and for a conversion fee can be converted from the Property Appraisers records to start you with a complete up-to-date listing of properties and owners for those properties. Searching for a Property file will display all permits associated to that piece of property, and those same permits can be accessed through the property file. Some additional features offered include Property Value tables to calculate property value based on the Southern Building Code values. There is also a Fee Group section to calculate fees based on number of items, i.e. electrical fixtures calculated at a price per fixture, and a Fee Table to calculate fees based on various data fields within the program, such as Radon Fees at $.01/square foot. These fee tables and groups are then associated to the Fee Type, which can then be linked to the Permit Type. Permit Types can be set up to include either a single Inspections, including any prerequisite inspections or a Group of Inspections, and then use a particular Permit "Form", along with all fees associated with that particular Permit Type. The Permit can be entered simply by selecting a Property, Permit Type, Work Type and Contractor, all associated fees and inspections will be applied, as will the "form" to be used for the Permit, making the permitting process quick and easy for the end-user. Each Permit Type can use the same standard permit form, or the user can design Permit Forms, including the text, font, and a watermark logo. P.O. Box 3720 • Ormond Beach, FL 32175 • (904) 677-5073 lnFormaTlon manaGemenT services Page Two City of Cape Canaveral March 13, 2001 The program keeps track of scheduled inspections for each day, and maintains a history of inspections for each permit. The user has the option of printing out inspection forms for the inspectors to use in the field, and can also print out a list of inspections scheduled within a user defined date range. This program also supports sub -permits for large development projects, and will check for the satisfactory completion of all required inspections, including those of sub -permits, before issuing a certificate of occupancy or certificate of completion. There are many built-in reports that can be used for weekly and month end reporting, along with daily cash receipt reporting, and a sample of some ofthese reports is included. The program is designed to interact with both the IMS General Ledger program for accounting/receipts transfers and the Occupational Licenses Manager. The Information Management Services Code Enforcement/Citizen Services Manager works in tandem with the Building Permits Manager by means of the "hot key" look up. This allows the Citizen Services program, through the Property field, to show the user the permits for that particular property, and when in the Building Permits Manager, through the Property field, the "hot key" will show a listing of violations on the property. This tool could then help management determine if a Permit should be issued on a property in code violation, or in the same manner, prior to entering a code violation, allow the user to check on the permitting status for satisfaction of a violation. Through this same Property field look up, the Building Permits Manager and Citizen Services program share a property database, eliminating the need for duplicate keying of addresses. In addition to the integration with the Building Permits Manager, the IMS Citizen Services program tracks cases by case number, date, name or address to facilitate the Code Enforcement Officer with locating data and assist with scheduling inspections and responding to violations. Reports can be created to obtain the data that is required by your City and is included with the package. These reports allow Managers to track activities by date and time and by inspector, along with the detail and history of actions taken on a violation. I have attached several sample reports created by another IMS Citizen Services user to show you some of the information that can be reproduced in reports. The programs themselves are very user-friendly and have Help keys throughout, and online help is available throughout the program by using the FI key. Wherever a table is used, the F3 key will summon a "pop-up" table, either a calendar if in the date field, or a list of "type" names when in a type file. Both programs include Security which can be used to define specific access levels for each user. An integral part of the Government Information Manager is the Total Performance Agreement (TPA). The TPA assures you of maximum efficiency in task accomplishment. IMS provides all software maintenance during the TPA period for all IMS software, including phone support. IMS will provide universal program updates to your IMS Building Permits Manager and Occupational Licenses Manager during the life of the TPA. Your monthly TPA would cost $84.95 for both programs, which can be billed monthly, quarterly, semi-annually or annually. inFormaTion manaGemenT services Page Three City of Cape Canaveral March 13, 2001 The price for the Building Permits Manager is $4,545.00, and the Citizen Services Manager, if purchased together, will be $2,695.00, which includes on-site installation. Training for the programs is $450.00 per day, and we would recommend a minimum of 2 days of training per program, one for set up and one for actual program implementation. Should you choose to purchase the program, just give me a call at (863) 65.5-1528 and we can schedule a date for installation. Again, thank you for your interest in the Building Permits Manager and Citizen Services Manager. We are looking forward to serving your City. Sincerely, INFORMATION MANAGEMENT SERVICES, INC. PL Lea M. Buckley Customer Service Manager Enclosure inFormaTion manaGemenT services March 15, 2001 Mr. Morris Reid Page Two Of additional interest to you and David, for Code Enforcement, may be the addition of digital photos to be associated with cases in the Citizens Services Manager. We are aware that many code enforcement officers have need to take photos of sites that are in violation, and are now going to the digital camera for use with this kind of work. Those digital photos can then be stored into a photo file on the network server, and attached to a particular case through the Citizen Services case file. As many photos as the officer finds necessary can be attached to the case, and then reproduced in a standard activity report of that case. This feature is being offered to our current Citizen Services customers for an additional $1200.00, as an introductory special. Since I have already sent you a proposal and quoted a price for the program without that feature, I will make the introductory price of $1,200.00 for that feature available to you at the same lower cost that current IMS Citizen Services customers will be offered. Morris, if you have any questions on either of these features, or require additional information, please do not hesitate to give me a call. It was a pleasure meeting with you and your department and I look forward to expanding our services to you in the future. Sincerely, q'0- � U C Lea M. Buckley Customer Service Manager Meeting Type: Regular Meeting Date: 09-04-01 AGENDA Heading Discussion Item 5 No. Based on the attached evaluation, it was their recommendation that the City change to the Florida League of AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: EMPLOYEE HEALTH INSURANCE PROGRAM DEPT./DIVISION: ADMINISTRATION Requested Action: City Council review the employee health insurance program in light of the (47%) premium increase that is scheduled for 10/1/O1. Summary Explanation & Background: When staff received information on the rate increase, we contacted Florida Benefits, Inc. (underwriter for the CCVFD health coverage program) to evaluate our coverage and obtain rates from providers that cover our area. Based on the attached evaluation, it was their recommendation that the City change to the Florida League of Cities Bronze Plan. This would save the city approximately S28k in premiums. The benefit changes are attached for your review. Please advise. Exhibits Attached: Florida Benefits, Inc. letter dated 08-29-01; League letter dated 08-13-01 CityMan e Office, Department ADMINISTRATION 7.s cape -n ydocume is\adm 1\meeting\2001\09-04-01\health.doc AUG-29'01(WED) 15:29 FLORIDA BENEFITS 407 679 9001 _ _ _ P.001 Florida Benefits, Inc. 7457ALoma ,4ve., Suite 303 Winter Park, FL 32792 407-679-3800 ,Fax: 407-679-9001 Fax Transmission Cover Sheet Attention: Andrea Bowers Fax: 321-799-3170 Sender: Debra Amicarelli Date: 8/29/01 YOU SHOULD RECEIVE 3 PAGE(S), INCLUDING THIS COVER SHEET. 1F YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL 407-679-3800 Dear Andrea, Attached are the completed spreadsheets comparing your current, renewal and alternative medical plans to Blue Cross, Principal and Pacific Life. What do you think of Principal's $1,700 family rate? Ha! It's pathetic to see these kinds of rates. We could not find any other carriers that had Cape Canaveral Hospital, that is the reason for only three carriers. Should you stay with a PPO, our recommendation would be to stay with the Florida League of Cities, however, change to the Bronz plan. Although the plan is a 70/50 plan, the out-of-pocket is only $2,000 per person. You folks have an extremely rich benefit plan clow. You have to try and reduce the utilization. Also, you have a large amount of mid 40's female employees, which bring your rates up. If you would like us to look at an HMO alternative, it would only be with Blue Cross, since Principal and Pacific Life do not have HMO's. We have sent out your ancillary benefits to see if we can save you some money for the same or better benefits. Debra V I 7 o a h � p. H a $ 6f! � N en 0o0 n CD 00 O } N 0 4 O C Cl) co en vlb n va e 60, IT n 44Qa Go ren N V 6l O LIN o h � � a a. a 'S40 Q O A Z pyo O o� �4 c a em `f' CAS �o N p O � ry O � � o � O F.eir• � O. G (� � �p N p O � N .'.' � �n '$ ao in w C5 o � w o a. o 96 o C O eO CD N o c z o O N Gz � 'j. a p 0 o o Z a p 00 .0 Q O 10 61c)u 0 44 tv H 7 V C y w O tie a! 1 C Z00 'd 1006 6A At SlIM30 VOINOIJ H 91 1.03!41 IO,6Z-` llV N h H a $ 6f! � N en 0o0 n CD 00 O } N 0 4 O C Cl) co en vlb n va e 60, IT n 44Qa ren N V 6l o � � a a. a 'S40 Q 1 C Z00 'd 1006 6A At SlIM30 VOINOIJ H 91 1.03!41 IO,6Z-` llV 07 d A Oi _3 7 V ca 40 Am O u A w O G d A W G n C 200'd — — —1006 LA Of SlId3N38 rOINO'Id H:: I (03A) 10 K -911V 0 2:�S v�1 D �D � N DO Nz z O A. O o 69 e e h M Cq O � N Rn N C N kn O � �. kn _O Ef3 EA O E 9 O� O M t� ry• a ;C,4 0 eq g � 6 q O _ N e v NO fi�'9 P 4- O bq Q 69 en N � 00 vi h t0+ Q n — iR Era N 0 a 0 o o a I w c o. ca 0. L w y a y O C a O o z o o vie 6. u kn p o_o NN O b9 O EfJ � A 06 � V p U a a' o o + a •D o M N - o r�i o co qw �Q e e �a a o� u o, Q o O 7 O M 44 -i O a0 N d h ^ 6A = N O � � O V5 O O b4 ee Oa 0. c a z a o 0 q V S p C.i u O N O q A N � bg O Efi p 6A a e � • L e � w a CL L' ao "' � O o �• .� 2 0 a C u i m CL Q i U a$ m o U O O w c� c� cz d 07 d A Oi _3 7 V ca 40 Am O u A w O G d A W G n C 200'd — — —1006 LA Of SlId3N38 rOINO'Id H:: I (03A) 10 K -911V v�1 D �D ry O N DO Nz O 69 e h M Cq O � N Rn N C N kn O � �. _O Ef3 O E 9 O� O M t� ry• a ;C,4 0 eq g � 6 q O _ N e v NO fi�'9 P en en O bq Q 69 en N � 00 vi h t0+ Q n — iR Era N a 0 o o a I w c o. ca •r L w y 07 d A Oi _3 7 V ca 40 Am O u A w O G d A W G n C 200'd — — —1006 LA Of SlId3N38 rOINO'Id H:: I (03A) 10 K -911V FLORIDA LEAGUE OF CITIES, INC. PUBLIC RISK SERVICES Florida Municipal Insurance Trust To: Members of the Florida Municipal Insurance Trust ❑ Administration/ Marketing From: The Administrator, Florida League of Cities, Inc. Risk Control Re: FY 2001-2002 Medical, Dental, Life, Vision and Short -Term Disability ❑ Underwriting Property & Casualty Premium Rates. Health Date: August 13, 2001 Post Office Box 530065 135 East Colonial Drive Attached are the 2001-2002 Fund Year renewal rates. Please take a moment to Orlando, FL 32853-0065 review thep ricins and the amended Master Plan of Benefits and Plan 800-445-6248 407-425-9142 b Summaries. Your renewal pricing reflects your experience and an amount to Suncom 344-0725 account for the trend in medical costs (15%). Depending on your experience Health Claims you could see a dramatic change from what you are currently paying. Post Office Box 538140 Orlando, FL 32853-8140 This year we have amended our Master Plan of Benefits to comply with State 800-756-3042 407-245-0725 and Federal laws pertaining to health care coverage. In addition, we have Suncom 344-0725 added a transplant network to assist in controlling health care costs. Please review these and the other changes to our Master Plan of Benefits. We have Workers' Compensation Claims also added a $100 Co Payment for Out-patient Services to the Plan Summaries. Post Office Box 538135 These amendments will take effect on October 1, 2001 regardless of your plans Orlando, FL 32853-8135 800-756-3042 anniversary date. 407-245-0725 Suncom 344-0725 We have, and will continue to take steps to contain the costs of our program ❑ Property & Liability and the over utilization of its benefits. One of the steps we took this year was Claims & Litigation to convert to a faster and more accurate claims system. We acknowledge that Post Office Box 538135 Orlando, FL 32853-8135 during the conversion many of your employees were inconvenienced by the 800-756-3042 problems arising from this decision. It was a difficult and stressful period of 407-245-0725 time for everyone and we apologize. However, the system is fully Suncom 344-0725 implemented and has improved our efficiency dramatically. Currently, we are Fax Numbers running at about a 17day back log and project that it will be down to 5 days by for all Departments 407-425-9378 the end of September. 800-707-7656 We appreciate your decision to place your insurance with the Trust and we Adll continue to strive to improve the timeliness and quality of our claims service. We still have much to accomplish but we are encouraged by the improvement we are already seen. Thank you for your patience and as always we are prepared to answer any questions you may have about your insurance program. Please feel free to contact John Ligon at the League Orlando office at (407) - 425-9142 or (800) 445-6248. Florida Municipal Insurance Trust CITY OF CAPE CANAVERAL FLORIDA MUNICIPAL INSURANCE TRUST Rates Effective October 1, 2001 MEDICARE: SUPPLEMENT INSURANCE 2000-01 Rates 2001-02 Renewal Employee 161.00 212.52 SHORT TERM DISABILITY INSURANCE 2000-01 Rates, per $10 1 2001-02 Renewal, per $10 Employee - - HEALTH INSURANCE Current — POS Renewal — POS ,, Renewal Alternatives POS PI ns 2001-02 Renewal 2000-01 Rates Gold Silver Bronze Employee Spouse 254.27 289.85 373.78 426.08 336.40 383.47 317.71 362.17 Child ren 216.12 317.70 285.93 270.05 Dependent - - - - MEDICARE: SUPPLEMENT INSURANCE 2000-01 Rates 2001-02 Renewal Employee 161.00 212.52 SHORT TERM DISABILITY INSURANCE 2000-01 Rates, per $10 1 2001-02 Renewal, per $10 Employee - - ©ENTAL INSURANCE 2000-01 Rates 2001-02 Renewal With Medical out Medical With Medical Without Medical Employee 19.55 21.85 25.81 28.84 Dependent 28.75 32.20 37.95 42.50 Family 48.30 54.05 63.76 71.34 MEDICARE: SUPPLEMENT INSURANCE 2000-01 Rates 2001-02 Renewal Employee 161.00 212.52 SHORT TERM DISABILITY INSURANCE 2000-01 Rates, per $10 1 2001-02 Renewal, per $10 Employee - - Aug -10-01 10=23A P.G.S. Gold Plan P.02 Florida Municipal Insurance Trust Major Plan Benefit In Network Out of Network Calendar year Deductible: Individual 0 S300 Family 0 5900 ;Maximum Out of Pocket: Individual $1,000 $2,000 Family $2,000 $4,000 Lifetime Maximum $1,000,000 $1,000,000 Hospital Services ♦ Inpatient 5100.00 Co -Pay, then 90% Services of covered expenses ♦ Outpatient Services ♦ Emergency Room Services • Preventative Care • Routine Services • Well Child Care • Specialty Care • OB/GYN Care • Allergy Injections • Surgical Expense • Maternity Care Rev. 10/01 $100.00 Co -Pay, then 90% of covered expenses 5100.00 Co -Pay, then 100% of covered expenses Physician Services KAM Co -Pay 820.00 Co -Pay 520.00 Co -Pay 520.00 Co -Pay $20.00 Co -Pay 520.00 Co -Pay 90% $20.00 Co -Pay, 0 Visit, then 100% $500.00 Deductible, then 70% of covered expenses $100.00 Co -Pay, then 700/, of covered expenses after deductible 5100.00 Co -Pay, then 1110% of covered expenses Not Covered 70% of reasonable charges 70'%, of reasonable charges 70%, of reasonable charges 70% of reasonable charges 70% of reasonable charges 70% of reasonable charges 70% of reasonable charges Aug -10-01 10:23A P.03 Florida Municipal Insurance Trust Other Health Care Services • Prescription Drugs (Express Scripts) • Mental & Nervous Disorder In Network Out of Network 510.00 Generic Wholesale Price, less 1-1%, $20.00 Preferred Brand less 1n Network Co -Pa} $35.00 Non Preferred Brand • Inpatient Services $100.00 Co -Pity, 5500.00 deductible, then (30 days per calendar year maximum) then 90% 700/,, elf covered charges • Outpatient Services $20.00 Co -Pay, 70% of covered charges $1,000 calendar year maximum then 100% $50.00 per visit maximum • Alcohol and Drug Dependency • Individual Visit $20.00 Co -Pay, 70%, of covered charges $2,000 lifetime maximum then 901/, • Hospice Care (6 month maximum care) 90%, 70%, of covered charges S6,006 lifetime inaxinlum • Home Health Care 90% 70% of covered charges 51,000 calendar year maximum • Physical Therapy 90% 70% of covered charges 52,000 calendar year maximum • Skilled Nursing Facility (60 days per year maximum) 90% 70% of covered charges • Chiropractic Services $20.00 Co -Pay, 70% of covered charges then 90% $40.00 per visit maximum • Routine X -Rays, Lab Tests, Diagnostic Services 900/, 70%, of covered charges All surgical procedures over $St10.00 must be pre-autburized. Failure to •blain a pre-suthortzatiou will result in a denial of benefits. All emergency and nun-tmergenty hospital stays must he pre -certified. Failure m obtnht prc-certirrcation will result in a 20"/. penalh. 'v All Out of Network Benefits are covcn•d at 70% of rensunahlc and customary charges. after the calrudur vest- deduce Lir It-, been met_ O All deductibles do not apply toward the annual rnaiiruurn our-or-pneket exI)ensrs. V Cu -Pays do not apply to the annual mnximnm oul-uf-puekct expenses. fs the hospital detluctible ror out of Nelwurk confinement due to an emergency Ants uolapph•. The Out ufNerwnrlr hospllal deductible docs nor apply toward the calendar year deductible. IThi., is intended rcr a Samnrary oJ'Benefi[y raid docs nnl intaude all oJ7hr henefits: /imitation.x, and e- rcla.vions of the plan. Complete lernn (!f thcplan are con►ained in the Afrrsrer Malt of Benefits. Rev. 10/01 .\ug -09-01 07.57P P.O. S, Silver Plan Florida Municipal Insurance Trust P. 02 Major Plan Benefit In Network Out of Network Calendar year Deductible: of covered expenses then 60% of covered Individual 0 $500 Family 0 $1,500 Maximum Out of Pocket: of covered expcnses covered expenses after Individual $1,500 $2,500 Family $3,000 $5,000 Lifetime Maximum 51,000,000 5110001000 Hospital Services • inpatient $250.00 Co -Pay, then 80% $500.00 Deductible, Services of covered expenses then 60% of covered expenses ♦ Outpatient S100.00 Co -Pay, then 80% $100.00 Co -flay, then 60% of Services of covered expcnses covered expenses after deductible ♦ Emergency Room $100.00 Co -Pay, then 100% $100.00 Co-l'ay, then 100% Services of covered expenses of covered expenses Physician Services • Preventative Care $25.00 Co -Pay Not Coverer! • Routine Services 525.00 Co -Pay 60% of reasonable charges • Well Child Care $25.00 Co -Pay 60% of reasonable charges • Specialty Care $25.00 Co -Pay 600/, of reasonable charges • OBlGYN Care $25.00 Co -Pay 60% of reasonable charges • Allergy Injections $25.00 Co -Pay 60% of reasonable charges • Surgical Expense 80% 60% of reasonable charges • Maternity Care $25.00 Co -Pay, 60% of reasonable charges I" Visit, then 100% Rev. 10/01 Aug -09-01 07:57P Florida Municipal Insurance Trust Other Health Care Services In Network Out of Network P.03 ♦ Prescription Drugs 510.00 Generic Wholesale Price, less 13%, (Express Scripts) $20.00 Preferred Brand less In Network Co -Pay S35.00 Non Preferred Brand ♦ Mental & Nervous Disorder • Inpatient Services 5100.00 Co -Pay, $500.00 Deductible, then (30 days per calendar year maximum) then 80% 60% of covered chargee • Outpatient Services $25.00 Co -Pay, 60% of covered charges 51,000 calendar year maximum then 100% $50.00 per visit maximum ♦ Alcohol and Drug Dependency • individual Visit $25.00 Co -Pay, 60% of covered charges $2,000 lifetime maximum then 80% ♦ Hospice Care 80% 60"/, of covered cliarges (6 month maximum care) $6,000 lifetime maximum ♦ Home Health Care 800/0 60% of covered charges $1,000 calendar year maximum • Physical Therapy 80% 60% of covered charges $2,000 calendar year maximum Skilled Nursing Facility 80% 60% of covered charges (60 days per year maximum) • Chiropractic Services $25.00 Co -Pay, 600/t of covered charges then 80% 540.00 per visit maximum • Routine X -Rays, Lab Tests, 80% 60%t of covered charges Diagnostic Services .z O rr 4 a All surgical procedures uver 5500.00 must be pre-authurized. Failure to ul?Wn a pre -authorization will result in a denial or henclit.. All emergency and non-cmerzency hospital slays must be pri certified. Failure to ohtnin pre -certification will result in a 200/. penalty. All Out of Network Aenelks are covered At 004 of reasonable and customary charges. After flit citlendur ycur deductible has born wo. All deductihlcs do not apply toward the annual mavimmn out-of-pocket expenses. t'o-Pays do not apply to the annual inaximam out-of-pocket expenses. The hospital deducilble for Out of Netwurk cou inaucnt due to an emergency dura not apply. The Out of Network hospital Jedurdhic docs not apply toward the cAlender yenr deJuciible. fThls It intended as a Sunrnrary of Benefits and does nor include all of the benefits. firrdtarions, and exclusions of the plan. Conrlere terms of the plan are etwairred in the Alrever Plan ofBeneTrs. Rev_ 10101 p >ug -09-01 07:57P P.Q.S. Bronze Plan Florida Municipal Insurance Trust P.04 Major Plan Benefit In Network Out of Network Calendar year Deductible_ of covered expenses 5500 Individual 0 0 $1,500 Family 5100.00 Co -Pay, then 70% S100.00 Co -Pay, then 50% of Maximum out of Pocket: $2,000 $3'000 Individual Family, 54,000 S6,000 Lifetime Maximum $1,()00,000 S1,000,()00 Hospital Services ♦ Inpatient $100.00 Co -Pay, then 701% 5500.00 Deductible, Services of covered expenses then 50% of covered expenses Outpatient 5100.00 Co -Pay, then 70% S100.00 Co -Pay, then 50% of Services of covered expenses covered expenses after deductible ♦ Emergency Room $100.00 Co -Pay, then 100% $100.00 Co -Pay, then 1000/6 Services of covered expenses of covered expenses Physician Services • Preventative Care S30.00 Co -Pay Not Covered • Routine Services 530.00 Co -Pay 5010%, of reasonable charges • Well Child Care S30-00 Co -Puy 50% of reasonable charges • Specialty Care !30.00 Co -Pay 50% of reasonable charges • OBIGYN Care 530.00 Co -Pay 50% of reasonable charges • Allergy Injections 530.00 Co -Pay 50% of reasonable charges • Surgical Expense 70% 50% of reasonable charges • Maternity Care 530.00 Co -Pay, 50% of reasonable charges I" Visit, then 100% Rev. 10/01 Aug -09-01 07:57P Florida Municipal Insurance Trust Other Health Care Services In Network Out of Network P-05 ♦ Prescription Drugs $10.00 Generic Wholesale Price, less 13%, (Express Scripts) $20.00 Preferred Brand less In Network Co -Pay $35.00 :Von Preferred Brand ♦ Mental & Nervous Disorder Inpatient Services 5100.00 Co -Pay, $500.00 Deductible, then (30 days per calendar year maximum) then 70% 50% of covered charge-- a harge.• Outpatient Services $30.00 Co -Pay, 50% of covered charges $1,000 calendar year maximum then 100% x50.00 per visit maximum ♦ Alcohol and Drug Dependency a Individual Visit 530.00 Co -Pay, 50% of covered charges $2,000 lifetime maximum then 70% ♦ Hospice Care 70% 50% of covered charges (6 month maximum care) $6,000 lifetime maximum ♦ Home Health Care 70%, 50% of covered charges $1,000 calendar year maximum ♦ Physical Therapy 70% 50/0 of covered charges 52,000 calendar year maximum ♦ Skilled Nursing Facility 70% 50% of covered charges (60 days per year maximum) ♦ Chiropractic Services $30.00 Co -Pay, 50% of covered charges then 70% $40.00 per visit maximum ♦ Routine X -Rays, Lab Tests, 70% 50% of covered charges Diagnostic Service-, 2- All surgical procedures over 55W.00 must he pre-nolhurized. Failure in obin lu a pre -authorization will result in a denial of benefits. {- All emergency and non -emergency hospital stays trust he pre -certified. Failure to ohtain pre-cerlification will result in a 20% penalty. 4 All Out of Nelwork Benefib are covered at 501/6 oI reasonable 7tod customary Charges. aftrr the calendar year deductihIc has been mel. * All deductibles du not apply toward the annual maxll»uol oui-Elf-POCLcr expenses. C- Co -Pays do not apply to the annual maximum out-of-pocket expenses. 4, 7'hc hospital deduetibic for Out of Network confinement duc to an emergency dues nut apply. + The Out of Network hospltdl deductible dna not apply toward rhe caltodar year deductible. Rev. 10101 (This is intended as a Sunimary ol'Berrefits and clues not include all vl'the harTcfits, limilurir t . and exclusions of rhe place. Comple re. terms of the plan are contained in the ;t4uslar Plan of fiencl1ils. Memo To: HONORABLE MAYOR AND MEMBERS OF CITY QVUNCIL From: BENNETT C. BOUCHER, CITY MANAGE CC: ALL DEPARTMENT HEADS Date: August 30, 2001 Re: CITY MANAGER'S REPORT The following is a brief recap of items of interest: • 1 have scheduled a meeting with the county manager and library director for 9/10/01 to review the meeting room usage issues. • The pothole reported on Commerce Street was the responsibility of the City of Cocoa Water Department. A request for repair has been made by the public works director. • Wendy's landscaping was planted pursuant to city code. • Staff is obtaining quotes for the abandonment of the (2) areas adjacent to Harbor Heights. Once costs are tallied, letters will be sent to the property owners that would pay said cost. Item will then be scheduled on the Planning & Zoning Board agenda for a recommendation. • Staff is reviewing the St. Johns River Water Management District's cost share application for the International Drive stormwater baffle box. • Staff is researching the "invasive nonnative plant" issue to see if it warrants a city code revision. • Staff is reviewing the new defined contribution pension plan scheduled for adoption by 10-1-01. Council will be provided an advance copy once staff has reviewed and commented on the new pension plan. 0 Page 1 • Staff is also writing a new investment policy that will have to be adopted by 10-1- 01. • Staff is currently involved in union negotiations. I will provide an overview at our council meeting. • The Street Department is busy coordinating tree planting around town as well as at beach ends; also constructing sidewalks. • The youth center has been scheduled for remodeling — repair drywall, install new ceiling tiles, wall paneling and vinyl floor covering. • The fire and police service contracts are being reviewed and revised; will provide council advance copies when review is complete. • Three laptop computers have been ordered for the remainder of the council members; staff will get you up and running when the computers arrive. • The annual audit has started with preliminary schedules. • The city clerk's office has revised the city web page and installed a computer kiosk in the city hall lobby. • The Finance Department is now offering direct payroll deposit for our employees. • The 5' beach access easement agreement is being reviewed by staff and is scheduled for the 09-18-01 council agenda. • The city attorney and I are reviewing and revising the latest purchase documents for the new ladder fire truck. • The signed stormwater utility grant agreement from St. John's River Water Management District has been received; working on advertising for an RFP to retain a firm to assist the city in implementing a stormwater utility. BCB:kmm 0 Page 2 MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: August 29, 2001 RE: Public Works Status Report Cocoa Beach awarded a landscape bid CBOT -003 for their Roadway Resurfacing Program to V. A. Paving, Inc. The City of Cape Canaveral's Public Works Director in regards to a cooperative purchase agreement contacted V. A. Paving, Inc. The firm's Vice President, Arnold Mallard, stated that due to an increase in the price of asphalt and the limited amount of work the City of Cape Canaveral has available, Bid Item 7A&7B will be increased from $43.00 to $45.00 per ton. All other bid items, V. A. Paving will honor the unit prices 2. Cocoa Beach awarded a landscape bid CBO 1-004 for their 520 -landscape project to Sunquest Nursery. The City of Cape Canaveral's Public Works Director in regards to a cooperative purchase agreement contacted Sunquest Nursery. The firm's manager, Jonanna Mileschkowsky, stated that they would honor the bid prices if the City of Cape Canaveral will purchase about the same quantities as the City of Cocoa Beach. Cocoa Beach awarded a landscape bid CBOT -004 for their 520 -landscape project to Manicure American Landscaping. The City of Cape Canaveral's Public Works Director in regards to a cooperative purchase agreement contacted Manicure American Landscaping. The firm's manager, Jason Sauriel, stated that they would honor the bid prices if the City of Cape Canaveral will purchase about the same quantities as the City of Cocoa Beach. 4. Public Works Director held a pre -construction meeting for the lift station #4 and sewer line project. The Contractors will be ready to begin construction September 17th. The Public Works Staff will deliver information flyers to the property owners throughout the neighborhood. 5. Researching for funding to assist the property owners on septic tanks so that they will be able to tie into the City's sewer system as required by law. Not having any luck receiving funding from DEP, but we are still trying. DCA was helpful with some ideas to follow up on. 6. Staff has installed live oak trees on W. Central medians and Taylor and Polk Avenue. 7. Lincoln and Madison Avenue have been chosen for prototype areas for the beginning of the beach -end, dune -planting project. The Contractor (Silverleaf Gardens) will begin installation of large palms at these two locations the week of 9/4/01. 8. Stevenson Landscaping will begin resodding the Little League field by the second or third week in September. 9. Stevenson Landscaping will begin planting the palm tree line on the north side of W. Central by the 2nd or 3rd week in September. Street Supervisor met with SSA's contracted Landscape Architect per City Manager's request. 10. Phase 1 of the Washington Park landscape renewal project will begin the week of 9/4/01. Phase 2 and 3 will be completed after the installation of the sidewalk. 11. Inspected the SJRWMD file on the Cape Canaveral Hospital. Found little additional information. Waiting for the agenda item and SJRWMD Staff report to the Governing Body. This item is scheduled for October time frame. The City needs to attend the SJRWMD meeting when scheduled. I will forward a copy of the latest RAI response from Cape Canaveral Hospital to SJRWMD. As the information presented to the City of Cape Canaveral's Council, the City of Cape Canaveral need to be concern about the issue of who is to pay for what portion of the project. The Hospital estimated the cost of the project to be $700,000 and that FDOT and the City of Cape Canaveral will share this cost. More so, who is to purchase the land needed and who will perform the maintenance? In addition, the City of Cocoa Beach now has an interest in Cape Canaveral Hospital funding our Stormwater project and may be seeking for funding for their projects. Cape Canaveral Hospital, as a business, will most likely will be look out for their best interest and to get the most "bang" for their dollar. 12. Working on scheduling the Contractor to begin the sidewalk for Washington Park. Staff will be reviewing sidewalk plan on Tuesday September 4th. Work to start after notice to proceed. 13. Unable to contact FDOT project manager reviewing the City of Cape Canaveral AIA landscape bid package. He is on vacation. 14. Contacted FPL in regards to the streetlight to be placed at the intersection of AIA and Atlantic. The design is completed and work is scheduled. 15. Staff is working SSA developing the needs assessment for the design and construction of a block building for equipment storage and work areas. Cape Canaveral Hospital August 1, 2001 File: 2001078-10.1 HAND DELIVERED 'Received �-4A`6y-!,j°-j)0 �dm Bay Serviee Center Ms. Michelle Reiber Mr. Ralph Brown, P.E. Supervising Regulatory Scientist Department of Water Resources St. Johns River Water Management District St. Johns River Water Management District 525 Community College Parkway, S.E. 525 Community College Parkway, S.E. Palm Bay, Florida 32909 Palm Bay, Florida 32909 Phone: 407-984-4940 Phone: 407-984-4940 RE: Cape Canaveral Hospital Application No. 4-009-56337-1 Dear Ms. Reiber and Mr. Brown: Pursuant to the request for additional information (RAI) letter from the St. Johns River Water Management District (SJRWMD) received on June 19, 2001, Breedlove, Dennis & Associates, Inc. is hereby providing the following responses to the SJRWMD RAI comments. Question No. 1) Please provide more specific details regarding the proposed 2.3 -acre seagrass transplant mitigation to be located at the Center Street Outfall location. At a minimum include the following information: a) How will this area be filled? Include specific details concerning the equipment to be used, whether the work will occur from the shore or from the water, how the proper elevations will be established and maintained, describe the characteristics of the sediments to be used for fill and where it will be obtained from, and how will the sediments currently in the excavated area be controlled? Response: This area will be filled using a small dredge. After surrounding the two "borrow areas" in the river bottom with two separate turbidity barriers, spoil from the area where the stormwater pond is to be constructed will be spread across this 701 N est Cocoa Beach Causewav / P.O. Box 320069, Cocoa Beach. Florida 32932-006 / (321) 799-7111 Cape Canaveral Hospital Ms. Michelle Reiber and Mr. Ralph Brown, P.E. August 1, 2001 Page 2 area in the river bottom by allowing it to "rain" down through the water column and settle on the surface of the organic material within these "borrow areas." The spoil will compress the organic material and eventually will cap (equaling the surrounding bottom elevations) these areas so that it will be possible to transplant the seagrass from the site to be impacted at the hospital. The work will occur from the shore and the spoil is currently planned to be spread using a small boat to help direct the discharge of the spoil. The sediments that will be used to fill these "borrow areas" in the river bottom will come from the area where the stormwater pond will be constructed. Historical aerial analysis confirms that this is the location of the placement of the original material dredged from the "borrow areas." Before any "redepositing" of this fill is attempted the necessary soils analysis and other studies will be undertaken by Dr. Clifford Truitt of Coastal Technologies, Inc (see enclosed Attachment l: Considerations for Capping Subaqueous Dredged Material Deposits). b) Please provide details regarding the type and location of erosion and turbidity control devices to be used at this off-site mitigation location. Response: The standard silt screen installed as designed (with the bottom six inches of the screen buried in the ground) will be placed at the shoreline to help prevent erosion. Staked turbidity barriers will be used in the Indian River Lagoon. These barriers will extend above the surface of the water and will be staked into the lagoon bottom. C) Please provide specific details regarding the techniques to be used to accomplish the seagrass transplanting. Include information about how and when the seagrasses will be harvested and transplanted and who will be responsible for the work. (Please note that the harvesting, transplanting, and monitoring should be conducted by a qualified professional to increase the probability of success) Also, include a detailed monitoring plan. [12.3.3.2, A.H.] P:\ADMIN\PROJECTS\200L078\LETTERS\SJRWMD RA[ RESPONSEDOC 701 West Cocoa Beach CauseNva. ; P.O. Box 320069, Cocoa Beach. Florida 32932-006 / (321) 799-7111 Cape Canaveral Hospital Ms. Michelle Reiber and Mr. Ralph Brown, P.E. August 1, 2001 Page 3 Response: The seagrass transplanting will be conducted by Mr. Roy (Robin) R. Lewis of Lewis Environmental Services. This transplanting is planned to occur in late summer and early fall of the year. Once the area where the seagrass is to be planted (at the Center Street location) is prepared, the seagrass to be transplanted will be removed by excavating the seagrass including the soil that surrounds the roots and placing it a peat pot, placing that peat pot on a boat transporting it to the site and replant the seagrass and peat pot at the Center Street site using a long bladed shovel. The seagrass will be planted at approximately the same water depth that it was removed from, also matching the elevations where the adjacent native seagrass is currently growing at the Center Street site. The initial monitoring will establish east/west transects approximately 25 feet apart beginning 50 feet east of the transplant site and extending 50 feet west of this site. These transects will establish the species and density of the transplanted seagrass. A baseline transect will be established adjacent to the transplant site to establish existing native seagrass species and density. It is proposed to monitor this area once a year for five years to compare the transplanted seagrass to the native seagrass. Question No. 2) Since this project is being reviewed as an ERP rather than an Individual MSSW and Wetland Resource Management Permit, and the impact acreages and project design have changed significantly since the original submittal, please submit an updated application form and Notice of Receipt of Application. [4.2, A.H.] Response: Enclosed please find as Attachment 2, the updated application form and Notice of Receipt of Application. Question No. 3) Please submit an updated Table 1 (Project Wetland and Surface Water Summary) Table 2 (On-site Mitigation Summary), and Table 3 (Off-site mitigation summary). Please note that the helistop mitigation acreage must also be included in this application (and on the tables) as proposed in the July 10, 1997 letter from Allen Engineering, Inc. [40C -4.301(1)(d), 40C- 4.302, F.A.C.] P:\ADMIN\PROJECTS\2001078\LETTERS\SJRWMD RAI RESPONSE.DOC 701 Nest Cocoa Beach Causeway i P.O. Box 320069, Cocoa Beach, Florida 32932-006/(321) 799-7111 Cape Canaveral Hospital Ms. Michelle Reiber and Mr. Ralph Brown, P.E. August 1, 2001 Page 4 Response: Enclosed please find as Attachment 3, an updated Table One, Two, and Three covering proposed wetland impacts and proposed on-site and off-site mitigation (helistop mitigation is included). Question No. 4) Please provide specific details regarding the acreage and type of enhancement to be conducted at each of the offsite mitigation locations and provide a total minimum and maximum acreage of offsite mitigation to be provided. [12.3, A.H.] Response: Please refer to the Off -Site Mitigation Analysis Table in the last submission. Within that table, numbers were assigned to establish a Mitigation Potential. This Mitigation Potential along with the other parameters has given suggested ratios from 20:1 to 50:1 for mitigation of the proposed impacts. Please remember that this mitigation is only a part of the proposed mitigation package. As requested, listed below please find the description of the mitigation potential assigned to each number so that it is possible to distinguish between the possible mitigation options. Mitigation Potential 1 — Restoration credit available through removal of berms within the salt marsh area recreating salt marsh and enhancement credit available through reconnection to the Indian River Lagoon by culvert installation, enhancement credit also available by nuisance species eradication. Mitigation Potential 2 — Restoration credit available through removal of berms within the salt marsh area recreating salt marsh. Enhancement credit available through nuisance species eradication (no reconnection). Mitigation Potential 3 — Enhancement credit available through nuisance species eradication only (heavy infestation of nuisance species). Mitigation Potential 4 — Enhancement credit available through nuisance species eradication (moderate to light infestation of nuisance species). Mitigation Potential 5 — Preservation credit available through purchase and donation of existing habitat. P:\ADMIN\PROJECTS\2001078\LETTERS\SJRWMD RAI RESPONSE.DOC 701 West Cocoa Beach Causeway / P.O. Box 320069, Cocoa Beach. Florida 32932-006 / (321) 799-7111 Cape Canaveral Hospital Ms_ Michelle Reiber and Mr. Ralph Brown, P.E. August 1, 2001 Page 5 Question No. 5) For the mitigation parcels that will include enhancement via culvert installation, please indicate who will be responsible for the maintenance and management of the culverts. If the Brevard County Mosquito Control District will be the responsible entity, provide evidence that they are willing to accept responsibility and provide a proposed management/operation plan. [12.33.1, 12.3.6, 12.3.7, A.H.] Response: Brevard County Mosquito Control District will be the maintenance and management entity for these properties. They will provide the management/operation plan on all purchased properties. Please see Attachment 4. Question No. 6) Please provide a detailed maintenance and monitoring plan for the on-site and off-site mitigation areas. This would include the shoreline plantings proposed around the perimeter of the hospital expansion and the parcels to be acquired/enhanced at the various off-site locations. [12.3.3.2, A.H.] Response: Monitoring will occur once a year for five years. The baseline monitoring will occur two to three weeks after completion of the initial maintenance event. The monitoring report will cover the specified monitoring and maintenance plan for the specific property that is purchased or area to be enhanced (i.e. mosquito impoundments, seagrass transplanting area and shoreline plantings proposed around the perimeter of the hospital expansion). Off-site mitigation properties will be purchased and the initial maintenance will be performed BEFORE any impact to the Indian River Lagoon. All mitigation the property will be monitored for nuisance species and the success of eradication. Question No. 7) Please provide a map (or multiple maps) that clearly show the location of all proposed on-site and off-site mitigation areas. [12.3.3.2, A.H.] Response: Please see Attachment 5 which are maps showing the location of all the proposed off-site and on-site mitigation. Question No. 8) Please provide a detailed cost estimate for the proposed mitigation. The cost estimate should include the specific information outlined in Section 12.3.7.7, A.H. Since the cost estimate is expected to exceed $25,000.00, proof P:\ADMIN\PROJECTS\2001078\LETTERS\SJRWMD RAI RESPONSE.DOC 701 N est Cocoa Beach Causeway / P.O. Box 320069, Cocoa Beach, Florida 32932-006 I (321) 799-7111 Cape Canaveral Hospital Ms. Michelle Reiber and Mr. Ralph Brown, P.E. August 1, 2001 Page 6 of financial responsibility will also be required. Financial responsibility shall be established by the methods outlined in Section 12.3.7.7 of the Applicant's Handbook. [12.3.3.2(p),12.3.7.7, A.H.] Response: The estimated costs for this mitigation is $700,000 and includes plugging the off-site roadside swale north of State Road (SR) 520 and west of the hospital, transplanting of the seagrass, retrofitting of the Center Street stormwater system (as proposed to be cost shared with the Department of Transportation and the City of Cape Canaveral), and purchase, maintenance, monitoring and donation of the off-site mosquito impoundments. Question No. 9) Please indicate whether the seagrass transplant site is proposed within Sovereign Submerged Lands or whether this land is in private ownership. Provide evidence of ownership if the property has been deeded to a private entity or describe how permission will be obtained to conduct the proposed mitigation activities on lands owned by the State. [18-20 and 18-21, F.A.C.] Response: The proposed seagrass transplant site is located within the Banana River Aquatic Preserve. Authorization to use the site from the Board of Trustees will be secured through a Consent of Use or Use Agreement pursuant to Rule 18- 20.005(1)(a) and (f), Florida Administrative Code. Question No. 10) Please provide a detailed shoreline -planting plan. Include a plan view and cross-sectional drawing showing the location, size, density, type, and acreage of proposed plantings. [12.3.3, A.H.] Response: A detailed planting plan was submitted in the Allen Engineering submittal of December 22, 1997, if you do not have a copy one will be forwarded to you. Question No. 11) To address potential secondary impacts to the seagrass communities located adjacent to the proposed development, these areas should be monitored. Please submit a detailed monitoring plan. [12.2.7, A.H.] Response: The proposed monitoring will establish nine east/west transects approximately 100 feet apart beginning 100± feet north of SR 520 and extending 150 feet west from the toe of the revetment surrounding the proposed fill area. These transects P:\ADMIN\PROJECTS\2001078\LETTERS\SJRWMD RAI RESPONSE.DOC 101 West Cocoa Beach (`auseN�aN / l'_O. Box 320069. Cocoa Beach. Florida 32932-006 / (321) 799-7111 Cape Canaveral Hospital Ms. Michelle Reiber and Mr. Ralph Brown, P.E. August 1, 2001 Page 7 would end at the north line of the proposed fill area where the north revetment now exists. There would be four east/west transects start 100± feet north of SR 520 and ending approximately where proposed fill connects with the existing revetment. These transects will extend 150 feet east from the toe of the proposed revetment. All transects will establish the species and density of the native seagrass and will be conducted once a year for five years. Question No. 12) Since this application was submitted, the boundaries of Class H waters in the project area have changed. The proposed eastward expansion of the hospital is currently located within Class H waters which are conditionally restricted for shellfish harvesting and the proposed westward expansion of the hospital is now located within Class H waters which are conditionally approved for shellfish harvesting. Pursuant to Section 12.2.5(c), A.H., the District shall "deny a permit for a regulated activity that is located directly in Class II or Class III waters which are classified by the Department as approved, restricted, conditionally approved or conditionally restricted for shellfish harvesting." However, the District Governing Board may grant a variance from these rule provisions. Please consult Section 403.201, F.S., and Rule 40C-1.1002, F.A.C., for guidance on the variance process. Also, please contact Mary Ellen Jones, Assistant General Counsel, at (386) 312- 2340 regarding any questions you may have. [12.2.5, A.H.] Response: Wayne Flowers, Esquire contacted Mary Ellen Jones to review this issue. Attached please Attachment 6, which is a Petition for Variance by Cape Canaveral Hospital (Related to ERP Application No. 4-009-56337-1). We would request the District please process this Petition concurrently with this pending application. Question No. 13) It is the District's further understanding that the applicant is attempting to deed submerged lands it owns to the Board of Trustees. In exchange, the Board of Trustees would deed sovereign submerged lands to the applicant for the hospital expansion. Please note that the lands to be deeded by the Board of Trustees are currently within an area designated as an aquatic preserve. Pursuant to Section 258.41(6), F.S., "no aquatic preserve or any part thereof shall be withdrawn from the state aquatic preserve system except by an act of the Legislature." In order for the District to properly P:\ADMMPROJECTS\2001078\LETTERS\SJRWMD RA[ RESPONSE.DOC 701 Nest Cocoa Beach CauscwaN / P.O. Box 320069. Cocoa Bcach. Florida 32932-00611(32 1) 799- 7111 Cape Canaveral Hospital Ms. Michelle Reiber and Mr. Ralph Brown, P.E. August 1, 2001 Page 8 condition the ERP, please provide an update regarding the proposed exchange of submerged lands. [258.41(6), F.S., 40C4.302, F.A.C.] Response: Section 258.40, Florida Statutes, provides, in pertinent part: (1) The aquatic preserves established under this act shall include only lands or water bottoms owned by the state.... * * * Any privately owned lands or water bottoms shall be deemed to be excluded therefrom; however, the board may negotiate an arrangement with any such private owner by which such land may be included in the preserves. Section 258.41(5), Florida Statutes, provides: (5) Lands and water bottoms in private ownership may be included in an aquatic preserve upon specific authorization for inclusion by an appropriate instrument in writing from the owner. The appropriate instrument shall be either a dedication in perpetuity or a lease. As part of the proposed exchange, approximately 20 acres of submerged land in private ownership (i.e. deeded to Cape Canaveral Hospital by the Board of Trustees in 1959 and 1983, copies of which are attached as Attachment 7) will be exchanged for approximately 6 acres of sovereignty submerged lands. The aquatic preserve was created after the submerged land was deeded to Cape Canaveral Hospital and is, therefore, not part of the existing preserve. There is no need for the submerged lands requested by the Hospital to be removed from the aquatic preserve. Section 258(41(1) and (5), Florida Statutes, contemplate land other than submerged land being included in the aquatic preserves. The land to be exchanged need not be removed from the aquatic preserve as part of the exchange. There have been preliminary discussions with the staff of the Board of Trustees regarding the proposed exchange. The application i5 being finalized and it is anticipated that the proposed exchange. should be presented to the Board of Trustees for consideration in September. P:\ADMIN\PROJECTS\2001078\LETTERS\SJRWMD RAI RESPONSE.DOC 701 Nest Cocoa Beach Causesati : P.O. Boy 320009. Cocoa Beach. Florida 32932-006 / (321) 799-; 111 Cape Canaveral Hospital Ms. Michelle Reiber and Mr. Ralph Brown, P.E. August 1, 2001 Page 9 We have also attached, for your use, the stormwater computations prepared by Allen Engineering and updated construction plans (Attachment 7 and 8). We trust that these responses will serve to address the comments outlined in the SJRWMD RAI letter received June 19, 2001. If you should have any questions or further comments, please do not hesitate to contact our office. Sincerely yours, 114i�dli Vice President of Health First Facilities and Planning TM/sk Enclosures cc: Michael Allen, P.E. W. Michael Dennis, Ph.D. P:\ADMIN\PROJECTS\2001078\LETTERS\SJRWMD RAI RESPONSE.DOC 701 West Cocoa Beach Causevvav ! P.O. Box 320069, Cocoa Beach, Florida 32932-006 J (321) 7(9-7111