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HomeMy WebLinkAboutAgenda Packet 02-16-1999City of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX CITY of 111 Polk Avenue, Cape Canaveral, Florida TUESDAY February 16, 1999 7:00 P.M. AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PROCLAMATION: National Child Abuse Prevention Month Fair Housing Month INTERVIEW: Craig Smith, Commercial Development Board Candidate Leo Nicholas, Beautification Board Candidate John Porter, Beautification Board Candidate CONSIDERATIONS: 1. Motion to Approve: Agreement for Reclaimed Water between the City of Cape Canaveral and the Canaveral Port Authority 2. Motion to Approve: Alternative Fuel Grant Application 3. Motion to Approve: Mowing Contract Renewal with Lawns by Scott, Inc., in the amount of $10,260.80 RESOLUTIONS: 4. Motion to Approve: Resolution No. 99-03, Appointing two regular members to the Beautification Board 5. Motion to Approve: Resolution No. 99-04, Appointing one alternate member to the Commercial Development Board g:\cityclk\agenda\regular\1999\02-16-99.doc 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (407) 868-1200 • FAX (407) 799-3170 • http://fcn.state.fl.us/cape/ City Council Regular Meeting Agenda February 16, 1999 Page 2 DISCUSSION: 6. Department of Community Affairs (DCA) comments on the Comprehensive Plan and response options. REPORTS: 7. City Manager's Report 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. REPORTS CONTINUED: ADJOURNMENT: Pursuant to Section 286.1015, 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. G:\CityClk\AGENDA\REGULAR\ 1999\02-16-99.doc Meeting Type: Regular Meeting Date: 16 February 1999 AGENDA Heading Consideration Item No. 1 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: Temporary Reuse Agreement with the Canaveral Port Authority DEPT./DIVISION: Water Reclamation/Public Works Requested Action: City Council consider approval of this agreement Summary Explanation & Background: City staff has resolved all remaining issues and recommends approval of this agreement. Exhibits Attached: Water Reclamation Agreement City Manager 's Office (Signature) Bennett C. Boucher Department \\Cape-nt\Common Documents\agenda form.doc \\cape-nt\cityclerk\cityclk\agenda\regular\1999\cpe reuse agreement.doc City Managers Office Memo To: Ed Gardulski, Public Works Director Kohn Bennett, City Attorney From:Bennett Boucher, City Manager CC: Mayor & Council Members Date: 02/08/99 Re: Temporary Agreement with the Canaveral Port Authority to provide reuse water I just received today the final version of said agreement. This will be an action item at the 2-16-99 City Council meeting. Please review, and if you have any additional concerns or questions, please forward them to my office before the meeting. 0 Page 1 HARTMAN & ASSOCIATES, INC. engineers, hydrogeologists, surveyors & management consultants PRINCIPALS: James E. Christopher, PE. Charles W. Drake, PG Gerald C Hartman, PE. Mark I. Luke. PS.M. Mark A. Rynning. PE. Harold E. Schmidt, Jr. PE. William D. Musser. PE. SENIOR ASSOCIATE: C. Zachary Fuller. PE. ASSOCIATES: Marco H. Rocca, C.M.C. J. Richard Voorhees, PE. Douglas P. Dufresne, PG. Roderick K. Cashe, PE. Jon D. Fox, PE. James E. Golden. PG. Troy E. Layton. PE. Alicia E. Otter, MS. Andrew T. Woodcock, PE. February 5, 1999 HAI#95-073.25 VIA UPS OVERNIGHT Mr. Bennett Boucher City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920-0326 Subject: Canaveral Port Authority / City of Cape Canaveral Temporary Agreement for Reclaimed Water Service Dear Mr. Boucher: Enclosed please find two (2) original copies of the Canaveral Port Authority / City of Cape Canaveral Temporary Agreement for Reclaimed Water Service. I have revised sections 5.3 and 5.4 per the City Attorney's comment that the Authority should pay invoices within 45 days of receipt. I understand that the agreement will be included in the 2/16/99 agenda for approval. Please call me if you have any questions regarding this agreement, or if you need any additional information. Sincerely, (Signature) Jennfier L. Woodall, E.I. Project Engineer JLW/95-073.25/corresp/boucher.doc cc: Joe Lapolla, Canaveral Port Authority Richard Lombroia, P.E., Canaveral Port Authority 201 EAST PINE STREET SUITE 1000 - ORLANDO, FL 32801 TELEPHONE (407) 839-3955 FAX (407) 839-3790 - www.consulthai.com ORLANDO FORT MYERS PLANTION JACKSONVILLE CANAVERAL PORT AUTHORITY / CITY OF CAPE CANAVERAL TEMPORARY AGREEMENT FOR RECLAIMED WATER SERVICE THIS AGREEMENT is made and entered into this _ day of , 1999 by and between the Commission of the Canaveral Port Authority and the City Council of the City of Cape Canaveral. RECITALS 1. The Canaveral Port Authority, a body corporate and a body politic under the laws of the State of Florida, hereinafter called the "AUTHORITY", is in immediate need of reclaimed water service for irrigation within Jetty Park. 2. The City of Cape Canaveral, Florida, a municipal corporation under the laws of the State of Florida, hereinafter called "CAPE CANAVERAL", is operating a sanitary sewerage system which produces reclaimed water suitable for public access areas. CAPE CANAVERAL has consented to provide reclaimed water to the AUTHORITY under the following terms and conditions of this Agreement. ACCORDINGLY, for and in consideration of the above Recitals, the mutual undertakings and agreements herein contained and assumed, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, the AUTHORITY and CAPE CANAVERAL hereby covenant and agree as follows: SECTION 1. RECITALS. The above Recitals are true and correct and form a material part of this Agreement. SECTION 2. DEFINITIONS. The following definitions and references are given for the purpose of interpreting the terms as used in this Agreement. (1) "CAPE CANAVERAL System" - All facilities related to CAPE CANAVERAL's reclaimed water system. (2) "Point of Reuse Connection" - The point where reuse facilities of CAPE CANAVERAL are connected to the reuse facilities of the AUTHORITY. (3) "Reclaimed / Reuse Water" - the wastewater effluent that has been appropriately treated and is usable for reuse purposes in public access areas as defined by appropriate regulatory agencies. (4) "Service" - the readiness and ability on the part of CAPE CANAVERAL to furnish reclaimed water to the Port Area. Thus, the maintenance by CAPE CANAVERAL of adequate pressure at the point of re -use connection shall constitute the rendering of service. Page 1 of 6 (5) "Effective Date" - the date upon which the last party of this Agreement executes the Agreement. SECTION 3. PROVISION. ALLOCATION AND USE OF RECLAIMED WATER SERVICE Reclaimed water service shall be provided and allocated to the AUTHORITY in the following manner subject to the following terms and conditions: 3.1 Immediate Capacity Needs. CAPE CANAVERAL acknowledges that the AUTHORITY has an immediate need for reclaimed water in the amount of approximately 60,000 gallons per day (annual average day demand) for use in Jetty Park. 3.2 Reclaimed Water Availability. Reclaimed water restrictions which are imposed on CAPE CANAVERAL residents shall also be applicable to purchased reclaimed water use in the Port Area. CAPE CANAVERAL also acknowledges that until the residential capacity is established and as long as the integrity of the CAPE CANAVERAL system is maintained reclaimed water may be provided to the AUTHORITY in amounts greater than that specified in paragraph 3.1, at the City's sole discretion as it is in the interest of the public to limit discharge of wastewater effluent to the Banana River. 3.3 FDEP Permits for Construction of a Reclaimed Water System. The AUTHORITY agrees to process the necessary state application forms for the construction of a reclaimed water system within the Port Area. All permit fees shall be paid by the AUTHORITY. 3.4 Modification of CAPE CANAVERAL Reclaimed Water Service Area. CAPE CANAVERAL agrees to process the necessary state application forms for the modification of the CAPE CANAVERAL reclaimed water service area to incorporate the Port Area. All permit and consultant service fees will be paid by the AUTHORITY. SECTION 4. RECLAIMED WATER RATES, FEES AND CHARGES 4.1 Reclaimed Water Rate Study. The AUTHORITY shall pay for a rate study conducted by CAPE CANAVERAL. Fees for the rate study shall not exceed $3,000. 4.2 The AUTHORITY shall pay reclaimed water rates and charges as described herein. The reclaimed water rate shall not exceed that determined under the rate study referenced above. The reclaimed water rate shall be as set by resolution by the CAPE CANAVERAL city council. SECTION 5. RECLAIMED WATER FACILITIES 5.1 Meter Installations. The AUTHORITY shall furnish and install at its expense a meter at the point of connection to the CAPE CANAVERAL facilities, which shall be Page 2 of 6 capable of measuring all flow from CAPE CANAVERAL facilities to the AUTHORITY's facilities. The meter shall become the property of CAPE CANAVERAL, and CAPE CANAVERAL shall be responsible for the operation, maintenance and replacement of the meter; costs for maintenance and replacement shall be born by the AUTHORITY. Payment of maintenance and replacement costs shall be made by the AUTHORITY within 45 days of receipt of an invoice from CAPE CANAVERAL. CAPE CANAVERAL and AUTHORITY shall agree as to the type of meter installation. The AUTHORITY shall have the right to read and test the meter and the right of access thereto for billing, testing, and inspection purposes, all such rights to be reasonably exercised at times, reasonably convenient to CAPE CANAVERAL 5.3.1 Meter Accuracy. The metering equipment shall be of standard make and type, installed at a readily accessible location, and shall record flow accurately within industry standards. If the meter is determined to have operated in error, the bill shall be adjusted for the time period in which the error occurred. In calculating such billing adjustment, it will be assumed that the meter inaccuracy existed for one-half of the entire time interval between meter accuracy checks by either party. The billing adjustment shall be made at the same rate established in accordance with this agreement, but the volume used in the billing calculations shall be adjusted as described herein. The AUTHORITY shall notify CAPE CANAVERAL within 30 days of any suspected metering inaccuracies based upon historical usage data. 5.4 Pressure Sustaining Valve. The AUTHORITY shall furnish and install at its expense a pressure sustaining valve at the point of connection to the CAPE CANAVERAL facilities for the purpose of protecting the integrity of the CAPE CANAVERAL system. The set pressure value shall be determined by CAPE CANAVERAL's operational needs. The AUTHORITY will be given written notice of this value and changes thereafter. The pressure sustaining valve shall become the property of CAPE CANAVERAL, and CAPE CANAVERAL shall be responsible for the operation, maintenance and replacement of the pressure sustaining valve; costs for maintenance and replacement shall be born by the AUTHORITY. Payment of maintenance and replacement costs shall be made by the AUTHORITY within 45 days of receipt of an invoice from CAPE CANAVERAL. SECTION 6. PROVISION OF SERVICE 6.1 Connection to CAPE CANAVERAL Reclaimed Water System. Upon the continued accomplishment of all the prerequisites contained in this Agreement to be performed by the AUTHORITY, CAPE CANAVERAL covenants and agrees that it will allow the connection of the reclaimed water transmission facilities installed by the AUTHORITY to the central reclaimed water facilities of CAPE CANAVERAL in accordance with the terms and conditions of this Agreement. Such connection shall be in accordance with all statutes, rules and regulations of CAPE CANAVERAL, the AUTHORITY, the AUTHORITY's potable water provider as well as State and Federal Governments. CAPE CANAVERAL agrees that once it provides reclaimed water capacity to the AUTHORITY, thereafter CAPE CANAVERAL will provide said service Page 3 of 6 in a manner to conform with all requirements of all governmental agencies having jurisdiction of the utility operation of CAPE CANAVERAL. Said service shall be provided at CAPE CANAVERAL's cost and expense. In return, the AUTHORITY will pay for reclaimed water as set forth in Section 4. The AUTHORITY acknowledges that CAPE CANAVERAL may at any time discontinue service to the AUTHORITY in order to protect the integrity of the CAPE CANAVERAL system or if CAPE CANAVERAL determines that it needs the capacity elsewhere. SECTION 7. DISCLAIMERS: LIMITATIONS ON LIABILITY 7.1 Force Majeure. No parry shall be liable or responsible to the other by reason of the failure or inability of that party to take any action it is required to take or to comply with the requirements imposed hereby when such failure or inability is caused by or is the result of a force majeure. The term "force majeure" as employed herein shall mean acts of God; strikes, lock -outs, or other industrial disturbance; acts of public enemies, war, blockades, riots, acts of armed forces, militia, or public authority; epidemics; breakdown of or damage to machinery, pumps, or pipelines; landslides, earthquakes, fires, storms, floods or washouts; arrests, title disputes, or other litigation; governmental restraints of any nature whether federal, state, county, municipal or otherwise, civil or military; civil disturbances; explosions, failure or inability to obtain necessary materials, supplies, labor or permits or governmental approvals whether resulting from or pursuant to existing or future rules, regulations, orders, laws or proclamations whether federal, state, county, municipal or otherwise, civil or military; or by any other causes, whether or not of the same kind as enumerated herein, not within the sole control of either parry and which by exercise of due diligence that parry is unable to overcome. 7.2 Indemnity. The AUTHORITY shall indemnify CAPE CANAVERAL and its respective agents and employees, from and against any and all claims, liability, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions and fees, including attorneys' fees, for injury (including death) to persons or damage to property or property rights that may arise from or be related to acts, errors, or omissions ("Claims") of the AUTHORITY, its agents, employees, servants, licensees, invitees, or contractors or by any person under the control or direction of the AUTHORITY, or by the AUTHORITY's use of CAPE CANAVERAL's system. CAPE CANAVERAL shall indemnify the AUTHORITY as aforesaid from all Claims, arising or growing out of or connected with any default, breach, violation or nonperformance by CAPE CANAVERAL or any covenant, condition, agreement or provision contained in this Agreement concerning all or any part of CAPE CANAVERAL's system. Indemnification shall be limited to the extent provided for in Section 768.28, Florida Statutes (1995). 7.3 Disclaimer of Third Party Beneficiaries. This Agreement is solely for the benefit of and shall be binding upon the formal parties hereto and their respective authorized successors and assigns, and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any third party not a party to this Agreement or an authorized successor or assignee thereof. Page 4 of 6 SECTION 8. DEFAULT 8.1 Default. Either party to this Agreement, in the event or act of default by the other shall have all remedies available to it under the laws of the State of Florida including but not limited to injunction to prevent default or specific performance to enforce this Agreement, subject to state law. The rights of the parties shall be considered cumulative and shall not be waived now or in the future by the exercise of any rights and remedies provided under the terms of this Agreement and authorized by law. SECTION 9. TERM OF AGREEMENT 9.1 Term. Both parties hereby acknowledge that this Agreement is temporary in nature and therefore either party may terminate this Agreement with 60 days advance written notice. (The remainder of this page is left blank intentionally.) Page 5 of 6 IN WITNESS WHEREOF, the Parties hereto have hereunder executed this Agreement on the date and year first above written. ATTEST: CANAVERAL PORT AUTHORITY By: Title: For the use and reliance of Canaveral Port Authority only. Approved as to form and legal sufficiency. Date: ATTEST: CITY OF CAPE CANAVERAL, FLORIDA By: Title: For the use and reliance of the City of Cape Canaveral only. Approved as to form and Legal sufficiency. City Attorney Date: Page 6 of 6 Meeting Type: Regular Meeting Date: 16 February 1999 AGENDA Heading Consideration Item No. 2 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: Alternative Fuel Grant Application DEPT./DIVISION: Public Works Requested Action: Mayor Randels has been investigating this grant and encourages Council to allow the City to submit an application to obtain funding to install slow fuel CNG facilities at City Hall and the Public Works facility and purchasing bi-fuel vehicles. Clark, Roumelis & Associates, our grant writer, will have a proposal by this Friday or Tuesday to prepare the grant for submittal by the March 1,1999 deadline. Summary Explanation & Background: See attached information. Exhibits Attached: City Manager 's Office (Signature) Bennett C. Boucher Department \\cape-nt\cityclerk\cityclk\agenda\regular\1999\b-fuel vehicles agenda report.doc City of Cape Canaveral January 29, 1999 VIA FACSIMILE 850-488-7688 Ms. Jacqueline F. Klein Community Assistance Consultant Florida Energy Office Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Dear Ms. Klein: Please accept this letter as our official letter of intent to apply for a request for proposal for a local government alternative fuel vehicle initiative for the Space Coast Clean Cities Coalition. The request for proposal is #9901. The focus of this project will be to provide CNG for the city public works vehicles at our public works facility, as well as accessibility for public use as well. We anticipate this being a fast fill unit to meet the needs of quick refueling. Please forward RFP #9901 to my attention, P. 0. Box 326, Cape Canaveral, FL 32920-0326. Sincerely, (Signature) Bennett C. Boucher City Manager BCB:kmm 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (407) 868-1200 • FAX (407) 799-3170 • http://fcn.state.fl.us/cape/ City of Cape Canaveal January 29, 1999 VIA FACSIMILE 850-488-7688 Ms. Jacqueline F. Klein Community Assistance Consultant Florida Energy Office Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Dear Ms. Klein: Please accept this letter as our official letter of intent to apply for a request for proposal for a local government alternative fuel vehicle initiative for the Space Coast Clean Cities Coalition. The request for proposal is #9901. The focus of this project will be to provide CNG for the city vehicles at city hall. We anticipate this being a low pressure, slow fill unit as the vehicles are only used during daytime hours. We anticipate and have money in the current budget to purchase a new bi-fuel vehicle. In addition, CNG lines are presently at the facility available for other uses. Please forward RFP #9901 to my attention, P. 0. Box 326, Cape Canaveral, FL 32920-0326. Sincerely, (Signature) Bennett C. Boucher City Manager BCB:kmm 105 Polk Avenue • Post Office Boz 326 • Cape Canaveral, FL 32920-0326 Telephone (407) 868-1200 9 FAX (407) 799-3170 • http://fcn.state-fl.us/cape/ MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulskie Public Works Director DATE: January 7, 1999 RE: Alternative Fuel Station I requested an additional proposal for a city vehicle and fuel station to be located at City Hall and/or Public Works. Due to the small size of the City's fleet, there will not be a large need for a large volume of alternative fuel that was first proposed. The attached proposal is a scaled down version we first received for your review. If the City elects to move forward with this program, this scaled down version would be acceptable. Unfortunately, having a smaller system there will not be any savings to the City. 01-06-1999 06:23PM MOTORFUELERS, INC. 2+1 813-512-9712 P.01 MOTORFUELERS, inc. January 6, 1999 RECEIVED JAN 7 1999 CITY OF CAPE CANAVERAL ATTENTION: MR. ED GARDULSKI PUBLIC WORKS DIRECTOR FAX: 407- 799-4930 Re: CNG PROPOSAL FOR CITY VEHICLES AND FUELING STATION As we discussed, the original proposal was a larger compressor at the Public Works Facility, with both fast and slow fueling capability, for eight vehicles. This proposal breaks that down to two (2) simple, slow — fill (6-12hours) fueling stations. One located at the Public Works Site for fueling four vehicles and the other at City Hall for fueling two vehicles. (Since the vehicles have not been selected yet, their fuel usage is unknown at this point and estimates were made to complete this proposal.) • The Public Works Unit : will require two (2) Fuelmaker Model # FMQ-2.5D, with hose assembiles directly from compressors .................. $10,000.00 These units will supply 34 equivalent gallom of gasoline in 14 hours. • City Hall: will need only one (1) Fuelmaker Model # FMQ-2.5D, again with hose assemblies directly from the compressor .............................................$5,000.00 This single unit can supply the equivalent of 17 gaUons of gasoline in 14 hours. This quote includes all equipment required for fueling, however does not include any installation charges that vary dramatically be site. If electrical supply (240 volts ) and gas service is nearby, the installation charges will be minor (< $2,500.00). Hope this estimate is helpful, we will do everything we can to insure your complete satisfaction. For Motorfuelers, Inc. By: (Signature) James B. Law Executive Vice President 13790B - 49th Street North • Clearwater, Florida 33762-3735 • (813) 372-9762 TOTAL P.01 Attachment A SUBMIT PROPOSAL TO: Ms. Jacqueline Klein Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (850) 4882475 Telephone Number: STATE OF FLORIDA REQUEST FOR PROPOSAL CONTRACTUAL SERVICES Bidder Acknowledgement Page 1 of Pages PROPOSALS WILL BE OPENED and may not be withdrawn within 0 3:00 p.m. 03/01/99 days after date and time. PROPOSAL NO. 9901 AGENCY MAILING DATE: 1-29-99 PROPOSAL TITLE: Local Government Alternative Fuel Vehicle Initiative STATE PURCHASING SUBSYSTEM (SPURS) VENDOR NUMBER VENDOR NAME VENDOR MAILING ADDRESS CITY - STATE - ZIP AREA CODE PHONE NUMBER FREE NUMBER I certify that this Proposal is made without pnor understanding, agreement. orconnection with any corporation firm. or person submitting a proposal for the same materials, supplies or equipment, and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this Proposal and certify that I am authorized to sign this Proposal for the Proposerand that the Proposer is in compliance with all requirements of the Request for Proposal including but not limited to, certification requirements. In submitting a Proposal to an agency for the Slate of Florida. the Proposer offers and agrees that if the Proposal is accepted, the Proposer will convey, sell, assign or transfer to the State of Florida all rights. title and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the State of Florida. At the States discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the Proposer. REASON FOR NO PROPOSAL POSTING OF BID TABULATIONS Bid tabulations with recommended awards will be posted for review by interested parlies at the location where bids were opened and will remain posted for a period of 72 hours. Failu a to file a protest within the time prescribed in Section 120.57(3), or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. Posting will be on or about: AUTHORIZED SIGNATURE (MANUAL) AUTHORIZED SIGNATURE (TYPED) TITLE GENERAL CONDITIONS SEALED PROPOSALS: All proposal sheets and this original acknowledgment form must be executed and submitted in a sealed envelope. (DO NOT INCLUDE MORE THAN ONE PROPOSAL PER ENVELOPE.) The face of the envelope shall contain, in addition to the above address, the date and time of the proposal opening and the proposal number. Proposal prices not submitted on attached proposal price sheets when required shall be rejected. All proposals are subject to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. 1. EXECUTION OF PROPOSAL: Proposal must contain a manual signature of authorized representative in the space provided above. Proposal must be typed or printed in ink. Use of erasable ink is not permitted. All corrections made by proposer to his proposal price must be initialed. The company name and SPURS vendor number shall appear on each page of the bid as required. Complete ordering instructions must be submitted with the proposal. If you are not a registered vendorwith the Department of Management Services, contact State Purchasing, 4050 Esplanade Way, Suite 360, Tallahassee, FL 32399-0950, (850) 487-4634 immediately. 2. NO PROPOSAL SUBMITTED: If not submitting a proposal, respond by returning only this proposer acknowledgment form, marking it "NO PROPOSAL" and explain the reason in the space provided above. Failure to respond to a procurement solicitation without giving justifiable reason for such failure. non-conformance to contract conditions, or other pertinent factors deemed reasonable and valid shall be cause for removal of the supplier's name from the proposal mailing list. NOTE: To quality as a respondent, proposer must submit a "NO PROPOSAL". and it must be received no later than the stated proposal opening date and hour. 3. PROPOSAL OPENING: Shall be public, on the date, location and the time specified on the acknowledgment form. It is the proposer's responsibility to assure that his proposal is delivered at the proper time and place of the proposal opening. Proposals which for any reason are not so delivered, will not be considered. Offers by telegram or telephone are not acceptable. A proposal may not be altered atter opening of price proposals. NOTE: Proposal tabulations will be furnished upon written request with an enclosed. self addressed, stamped envelope and payment of a predetermined fee. Proposal files may be examined during normal working hours by appointment. Proposal tabulations will not be provided by telephone. 4. PRICES, TERMS AND PAYMENT: Firm prices shall be proposed and include all services rendered to the purchaser. (a) TAXES: The State of Florida does not pay Federal Excise and Sales taxes on direct purchases of services. See tax exemption number on face of purchase order. This exemption does not apply to purchases of services in the performance of contracts for the improvement of state-owned real property as defined in Chapter 192, F. S. (b) DISCOUNTS: Cash discounts for prompt payment shall not be considered in determining the lowest net cast for proposal evaluation purposes. (c) MISTAKES: Proposers are expected to examine the conditions, scope of work, proposal prices, extensions, and all instructions pertaining to the services involved. Failure to do so will be at the proposer's risk. Unit prices bid will govern in award. (d) INVOICING AND PAYMENT. The contractor shall be paid upon submission of properly certified invoices to the purchaser at the prices stipulated on the contract at the time the order is placed. after delivery and acceptance of goods. less d ductions if any, as provided. Invoices shall contain the contract number, purchase order number and the contractor's SPURS vendor number. An original and three (3) copies of the invoice shall be submitted.The final payment shall not be made until after the contract is complete unless the State has agreed otherwise. Invoices for fees or other compensation for services or expenses submitted in accordance with the rates at r below those specified in Sections 112.061 and 287.058. F.S.INTEREST PENALTIES: ayment shall be made in accordance with Section 215.422. F.S.. which states the contractor's rights and the State agency's responsibilities concerning interest penalties and time limits for payment of invoices. VENDOR RESPONSE SYSTEM: TD access an interactive Voice Response System for vendor payment inquiry, Vendors may call (850) 413-7269 between 7 a.m. and 6 p.m. Monday through Friday to check on the status of payments by State agencies. The system can accommodate English and Spanish speakini callers. VENDOR OMBUDSMAN: Vendors providing goods and services to an agency should a aware of the following time frames. Upon receipt, an agency has five (5) working days to inspect and approve the goods and services, unless the bid specifications, purchase order or contract pecifies otherwise. An agency has 20 days to deliver a request for payment (voucher) to the De artment of Banking and Finance. The 20 days are measured from the latter of the date the i ivoice is received or the goods and services are received, inspected and approved. If a paymi nt is not available within 40 days. a separate interest penalty set by the Comptroller pursuant t Section 55.03 F.S., will be due and payable. in addition to the invoice amountto the vendor. o obtain the applicable interest rate, contact the agency purchasing office. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the vendor requests payment. nvoices which have to be returned to a vendor because of vendor preparation errors will re suit in a delay in the payment. The invoice payment requirements do not start until a properly cc rnpleted invoice is provided to the agency. A Vendor Ombudsman has been established w thin the Department of Banking and Finance. The duties of this individual include acting as an e dvocate of vendors who may be experiencing problems in obtaining timely payment(s) from a State agency. The Vendor Ombudsman may be contacted a (650) 488-2924 or by calling t ie State Comptroller's Hotline, 1-800-648-3792. State Purchasing shall review the conditions and circumstances surrounding non-payment, and unless there is a bona fide disput . State Purchasing may, in writing, authorize the contract supplier to reject and return purchas orders from said agency until such time as the agency complies with the provisions of Section 215. 22, F.S. (e) ANNUAL APPROPRIATIONS: The State of Florida's performance and obli ation to pay under this contract is contingent upon an annual appropriation by the Legislature. 5. CONFLICT OF INTEREST. The award hereunder is subject to the provisions of hapter 112, F.S. Proposers must disclose with their proposal the name of any officer, director, or agent who is also an employee of the State of Florida, or any of its agencies. Further, all propos is must disclose the name of any State employee who owns, directly or indirectly, an interest of five (5%) or more in the proposer's firm or any of its branches. In accordance with Chapter 287, .S., no person or firm receiving a contract that has not been procured pursuant to Section 287, 7(2) or (3), F.S., to perform a feasibility study of the potential implementation of a subsequent c ontract, participating in the drafting of a request for proposals, or developing a program to future implementation shall be eligible to contract with the agency for any contracts dealing ith that specific subject matter; and proposers must disclose with their proposal any such conflict of merest. PUR 7033 Rev. 6/1/98 RFP #FEO 9901 Page 15 of 18 3-7 ANSWERS TO QUESTIONS REGARDING THE LOCAL GOVERNMENT ALTERNATIVE FUEL VEHICLE INITIATIVE 1. If a unit of local government is the sole proposer, will it be disqualified for la4 of partners? For the purpose of this RFP, one department of the unit of local government may be considered the primary proposer with other departments its "partners." An example for cities would be if the department responsible for fleet vehicles brought the concept of making a proposal to administration, the originating department could be considered the primary proposer. Its partners could be the public safety department, sanitation department, or other vehicle users, or the provider of the fuel/power to be used to make the vehicles operate. Counties can partner with their transit agencies, airports, sheriff's office, etc. It should be noted that partners can commit to efforts other than financing. For example, civic and non-profit organizations can be partners by helping in the public outreach efforts of a project. Expanding a project outside of the County Courthouse or City Hall will increase public awareness of alternative fuels, which is one of the goals of this program. 2. Can the cost of land purchased or donated for fueling facilities be considered matching funds? Yes, if certain conditions are met. An appraisal of the property under consideration (or similar properties if land is to be purchased,rather than donated) would have to be submitted with the proposal. DCA understands that it is not possible for a local government to commit to purchase a specific piece of property prior to contract award. Nevertheless, documentation that the proposed donation or purchase of property is contingent upon receipt of a contract resulting from the RFP is required. This documentation could take the form of Council/Commission meeting minutes showing conditional approval of the donation or purchase. Land that was purchased or donated prior to submission of the proposal, however, could not be considered matching funds. 3. Can Federal funds be used for matching funds? Yes. Funds received by local governments, with the exception of Petroleum Violation Escrow (PVE) funds, may be applied to the required match as long as they will be used toward successful completion of the proposed project. RFP #FEO 9901 Page 16 of 18 4. Will projects requesting less than $12,500 in funding be eligible under this initiative? Yes. Section 1-1, Purpose, notes that projects are anticipated to fall between range of$ 12,500 to $50,000. This anticipation is not meant to establish a minimum dollar amount. Section 2-2, Scope, does set a maximum DCA award of $50,000. 5. Clarify the use of "additional alternative fuel vehicles" and "additional vehicles converted" as matching funds. The cost of a vehicle proposed for purchase or conversion with funds obtained as a result of this RFP is not allowable as match under this RFP. These vehicles are considered current assets of the local governments. The cost for the local government to convert the vehicle is appropriate for match. For example, if the proposer requests funding under this RFP to purchase and/or convert 10 vehicles and commits to purchase and/or convert an additional 10 vehicles using money obligated by the local government or its partner, the cost for purchase and/or conversion of the second 10 vehicles may be used as match. An "additional alternative fuel vehicle" is defined as an addition to an existing fleet, purchased by the local government from the auto manufacturer as an original equipment manufactured (OEM) alternative fuel vehicle or purchased and converted to operate on an alternative fuel before it is placed into service. The vehicle must not replace another fleet vehicle but be a new addition to the fleet as part of the project proposed. 6. Clarify Section 3-3, Item 7, "Organizational Profile" The Organizational Profile is a description of the project team (primary proposer and partners) outlining the functions, experience, and expertise of each member in the project. Specific individual qualifications for key personnel is required under Item 8, "Individual Qualifications" RFP #FEO 9901 Page 17 of 18 PART IV EVALUATION OF PROPOSALS 4-1 EVALUATION METHOD AND CRITERIA The DCA will select proposals determined to be the most advantageous to the State, of Florida, taking into consideration price and other criteria contained in this RFP. Proposals will be evaluated using a predetermined method to establish which organizations best display the potential to accomplish the overall program goals. Care should be taken to address each criteria category listed below. Failure to respond to evaluation criteria will result_ in a zero score for that category item A total zero score will be considered nonresponsive and shall result in disqualification of the proposal Evaluation criteria follow. Criteria: Maximum Points: Organization Profile • Documentation of history, structure, and resources of organization, including an audit or proof of an established accounting system for both cash assets and in-kind contributions. (0-5) 5 Individual Staff Qualifications • Prior experience in organizing and managing fleet operations. (0-4) • Technical expertise in the chosen transportation alternative. (0-5) 9 Community Needs and Resources • Letters of commitment from potential partners. (0-6) • Applicability and impact on the local community. (0-5) • Letters of commitment from the community., (0-3) 14 Protect Description • Clarity and comprehensiveness of proposal. (0-12) • Well-defined objectives and budget. (0-13) • Feasibility of project success. (0-12) • Plan for continuing project. (0-5) • Type and level of matching contributions. (0-20) 62 Public Information Potential • Plan for citizen information campaign. (0-5) • Plan for media coverage. (0-5) 10 Total possible points 100 Meeting Type: Regular Meeting Date: 16 February 1999 AGENDA Heading Consideration Item No. 3 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: Lawns by Scott, Inc. Mowing Contract Renewal DEPT./DIVISION: Water Reclamation/Public Works Requested Action: City Council consider the renewal of the wastewater facility and lift station mowing contract in the amount of $10,260.80 to Lawns by Scott, Inc. as recommended by the Public Works Director. Summary Explanation & Background: The current contract expires March 3, 1999. The renewal contract price is 5.9% over last year's, or plus $571.80 This is a budgeted item. See attached recommendation from the Public Works Director. Exhibits Attached: Public Works Memorandum 2/11/99 City Manager 's Office (Signature) Bennett C. Boucher Department \\Cape nt\Common documents\agenda form.doc g:\cityclk\agenda\regular\1999\mowing contract renewal agenda report.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: February 11, 1999 SUBJECT: Agenda Item for February 16th, 1999 Contract Renewal, Lawns by Scott, Inc. The City advertised requests for bid for mowing services on December 7, 1997. The primary bid was requested for the Water Reclamation Treatment Facility and two alternate bid were requested, one for ten (10) Lift Stations and one for Utility Easements. The bid opening was on January 6, 1998 at 3:00 p.m. at the City Hall Annex. The City received seven (7) bids. The low bidder for both the Treatment Facility and the Lift Stations was Lawns by Scott, Inc., located in Cocoa Beach. Lawns by Scott has been under contract by the City of Cocoa Beach for three (3) years and we received a favorable reference. City Council awarded BID No. 97-6 to Lawns by Scott on March 3, 1998. The Contractor has requested the following increase for services: Cuts Current Price New Price Totals Plant 34 $220 $233.20 $7,928.80 L/S 20 $110 $116.60 $2,332.00 TOTAL $10,260.80 The overall increase of the contract amount is $571.80. Performance by Lawns by Scott has been very good and City staff recommends an extension of the Contract. The Bid documentation allows for an annual extension of the contract for five years. CC: File Meeting Type: Regular Meeting Date: 16 February 1999 AGENDA Heading Resolution item No. 4 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: Appointing two regular members to the Beautification Board DEPT./DIVISION: Legislative Requested Action: Appointment of two regular members to the Beautification Board. Summary Explanation & Background: Currently, there are four (4) vacancies — two regular members and two alternates. Mr. Nicholas and Mr. Porter are the only applicants to this board. Exhibits Attached: Board Applications (Nicholas and Porter); Resolution No. 99-03 City Manager's Office (Signature) Bennett C. Boucher Department City Clerk g:\cityclk\agenda\regular\1999\beautification board agenda report form.doc RESOLUTION NO. 99-03 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING TWO REGULAR MEMBERS TO THE BEAUTIFICATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Ordinance No. 11-68 created a Board known as the Beautification Board of the City of Cape Canaveral, Florida; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint two Regular Members to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. and are hereby appointed as Regular Members of the Beautification Board of the City of Cape Canaveral, Florida, with terms to expire on November 1, 2001. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 16th day February, 1999. ATTEST: Sandra O. Sims, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY Copies: City Council Appointee Beautification Chair Beautification Secretary G:\CityClk\Resolutions\BOARDS\Appointments\Beautification.doc Rocky Randels, MAYOR Burt Bruns Tony Hernandez Buzz Petsos Rocky Randels Richard Treverton FOR AGAINST PLEASE COMPLETE BOTH SIDES OF APPLICATI N FORM. CITY OF CAPE CANAVERAL, FLORIDA APPLICATION TO SERVE ON CITY BOARD Applicant Name: Leo Nicholas Home Telephone: 783-8397 Home Address: Business: Business Telephone: Office Address: Brief Description of Education and Experience: Are you a registered voter? Yes X No Have you been a resident of the City for 12 months or longer? Yes X No Do you currently hold a public office? Yes No X Are you presently employed by the City? Yes No X At the present time, do you serve on a City Board? Yes X No At the present time, do any of the following relatives of yours serve on the City Council: father, mother, son daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, grandparent, grandchild, father-in-law, mother-in- law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother or half sister? Yes No X At the present time, do any of the following relatives of yours serve on any other City board, commission or special district: spouse, parent, child, grandparent or sibling of the whole or half blood? Yes No X Please specify which City Board you are interested in serving on: (Indicate Preference, 1st, 2nd, 3rd, etc.) X Beautification Board Board of Adjustment* Code Enforcement Board* Commercial Development Board Community Appearance Board* Construction Board of Adjustment & Appeals* Library Board Planning and Zoning Board* Recreation Board "Members of these Boards are required to complete Financial Disclosure Forms upon appointment to said Board and prior to July 15th of each year following the initial appointment while still a member of said Board. City of Cape Canaveral, Florida City Board Application Page 2 Please list what you feel are your qualifications to serve as a member on one of the City's Boards: Would you consider serving on another City Board other than the one(s) you have selected on the front of this form? Yes No Applicant's signature: Date: PLEASE NOTE: 1. Initial appointment to any City Board is subject to City Council approval following a brief interview before the City Council at'a regularly scheduled meeting. 2. Your application will remain effective for one year from the date of completion. 3. If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at 868-1221. PLEASE RETURN COMPLETED APPLICATION TO THE CITY CLERK'S OFFICE, CAPE CANAVERAL CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FL 32920 Jan -25-99 10:05A City of Cape Canaveral 407-799-3170 P.02 PLEASE COMPLETE BOTH SIDES OF APPLICATION FORM. CITY OF CAPE CANAVERAL, FLORIDA APPLICATION TO SERVE ON CITY BOARD Applicant Name: JOHN PORTER Home Telephone: 407-784-1583 Home Address: APT 12-J CAPE SHORES DRIVE --CAPE CANAVERAL, FL 32920 Business: PORTER WORLD TRADE, INC. Business Telephone: 407-783-1649 Office Address: 226 N . ATLANTIC AVE. COCOA BEACH, FL 32931 Brief Description of Education and Experience: BA POLITICAL SCIENCE UNIVERSITY OF CENTRAL FLORIDA, 2 YEARS AMERICAN UNIVERSITY WASHINGTON DC SCHOOL OF GOVERNMENT AND GOVERNMENT POLICY, PAST EXPERIENCE: CAPE CANAVERAL COUNCILMAN 1989-94 AND MAYOR 1994-97 Are you a registered voter? Yes X No Have you been a resident of the City for 12 months or longer? Yes X No Do you currently hold a public office? Yes No X Are you presently employed by the City? Yes No X At the present time, do you serve on a City Board? Yes No X At the present time, do any of the following relatives of yours serve on the City Council: father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, grandparent, grandchild, father-in-law, mother-in- law, son-in-law,: daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother or half sister? Yes No X At the present time, do any of the following relatives of yours serve on any other City board, commission or special district, spouse, parent, child, grandparent or sibling of the whole or half blood? Yes No ✓ Please specify which City Bo you are interested in serving on: (Indicate Preference, flud 2nd, 3rd, etc.) X Beautification Board Board of Adjustment* Code Enforcement Board* Commercial Development Board Community Appearance Board* Construction Board of Adjustment & Appeals* Library Board Planning and Zoning Board* Recreation Board *Members of these Boards are required io complete Financial Disclosure Forms upon appointment to said Board and prior to July 15th of each year following the initial appointment while still a member of said Board. Jan -25-99 10:05A City of Cape Canaveral 407-799-3170 P. 03 City of Cape Canaveral, Florida City Board Application Page 2 Please list what you feel are your qualifications to serve as a member on one of the City's Boards: PLEASE SEE EDUCATION AND EXPERIENCE. Would you consider serving on another City Board other than the one(s) you have selected on the front of this No Applicant's signature: Date: 2/8/99 PLEASE NOTE: 1. Initial appointment to any City Board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. 2. Your application will remain effective for one year from the date of completion: 3. If you should have any questions regarding the completion of this application; please contact the City Clerk's Office at 868-1221. PLEASE RETURN COMPLETED APPLICATION TO THE CITY CLERK'S OFFICE, CAPE CANAVERAL CITY HALL, 145 POLK AVENUE, CAPE CANAVERAL, FL 32920 Meeting Type: Regular Meeting Date: 16 February 1999 AGENDA Heading Resolution Summary Explanation & Background: item No. 5 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: Appointing one alternate member to the Commercial Development Board DEPT./DIVISION: Legislative Requested Action: Appointment of one alternate member to the Commercial Development Board. Summary Explanation & Background: Currently, there is one (1) alternate member vacancy. Mr. Smith is the only applicant to this board. Exhibits Attached: Board Application (Smith); Resolution No. 99-04 City Manager's Office (Signature) Bennett C. Boucher Department City Clerk \\Cape-nt\Common Documents\agenda form.doc g:\cityclk\agenda\regular\1999\commercial development board agenda report form.doc RESOLUTION NO. 99-04 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING ONE ALTERNATE MEMBER TO THE COMMERCIAL DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Ordinance No. 17-75 created a Board known as the Commercial Development Board of the City of Cape Canaveral, Florida; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint one (1) alternate member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. is hereby appointed as an alternate member of the Commercial Development Board of the City of Cape Canaveral, Florida, with a term to expire on June 1, 2001. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 16th day of February , 1999. Rocky Randels, MAYOR ATTEST: Sandra O. Sims, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY Rocky Randels, MAYOR NAME FOR AGAINST BRUNS HERNANDEZ PETSOS RANDELS TREVERTON Jan -26-99 04:04P City of Cape Canaveral 407-799-3170 P.02 PLEASE COMPLETE BOTH SIDES OF APPLICATION FORM. CITY OF CAPE CANAVERAL, FLORIDA APPLICATION TO SERVE ON CITY BOARD Applicant Name: Craig E. Smith Home Telephone: 784-9893 Home Address: 436 Beach Park Lane, C.C. FL. 32920 Business: Coastal Fuels Mkt. Inc Business Telephone: 783-3393 Office Address: P.O. Box 613 C.C. FL 32920 Brief Description of Education and Experience: College Education in Progress 15 Years working at Coastal Fuels Mkt. Inc. Are you a registered voter? Yes X No Have you been a resident of the City for 12 months or longer? Yes X No Do you currently hold a public office? Yes No X Are you presently employed by the City? Yes No X At the present time, do you serve on a City Board? Yes No X At the present time, do any of the following relatives of yours serve on the City Council: father, mother, son,idaughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, grandparent, grandchild, father-in-law, other -in- law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother or half sister? Yes No X At the present time, do any of the following relatives of yours serve on any other City board, commission lor special district: spouse, parent, child, grandparent or sibling of the whole or half blood? Yes No X Please specify which City Board you are interested in serving on: (Indicate Preference, 1st, 2nd, 3rd, etc.) Beautification Board Board of Adjustment* Code Enforcement Board* X 1 Commercial Development Board X 3 Community Appearance Board* Construction Board of Adjustment & Appeals* Library Board Planning and Zoning Board* X 2 Recreation Board •Members of these Boards are required to complete Financial Disclosure Forms upon appointment to said Board and prior to July 15th of each year following the initial appointment while still a member of said Board. Jan -26-99 04:05P City of Cape Canaveral 407-799-3170 P.03 City of Cape Canaveral, Florida City Board Application Page 2 Please list what you feel are your qualifications to serve as a member on one of the City's Boards: AS A RESIDENT OF THE COMMUNITY AS WELL AS BEING EMPLOYED HERE I FEEL I CAN BRING A BALANCED POINT OF VIEW TO THE BOARD. I HAVE BEEN A MEMBER OF THE CHAMBER OF COMMERCE FOR 3 YEARS. ALSO SERVE ON THE BOARD OF THE COASTAL CONSERVATION ASSOCIATION. Would you consider serving on another City Board other than the one(s) you have selected on the front of thisjform? Yes X No Applicant's signature: Date: 1-27-99 PLEASE NOTE: 1. Initial appointment to any City Board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. 2. Your application will remain effective for one year from the date of completions. 3. If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at 868-1221. PLEASE RETURN COMPLETED APPLICATION TO THE CITY CLERK'S OFFICE, CAPE CANAVERAL CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FL 32920 Meeting Type: Regular Meeting Date: 16 February 1999 AGENDA Heading Discussion Item No. 6 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: Preliminary comments from DCA on the Comprehensive Plan DEPT./DIVISION: LPA/Growth Management Requested Action: City Council discuss with staff, DCA's preliminary comments on the Comprehensive Plan and to review the alternatives the City has in addressing this issue. Summary Explanation & Background: DCA is requesting that the City amend Policy LU -3.3 to include Floor Area Ratios and Building Height Limits. See attached letter from Todd Peetz, City Planner. He outlines DCA's position and possible solution. He also discusses the limited options the City has. Staff is seeking direction on how to proceed on this issue. Exhibits Attached: Todd Peetz' memorandum 2/10/99; Policy LU -3.3 City Manager 's Office (Signature) Bennett C. Boucher Department \\cape-nt\cityclerk\cityclk\agenda\regular\1999\cm agenda report form 2-16.doc Sent by: IVEY HARRIS WALLS 4076297883; 02/10/99 2:13PM; JetFax #259; Page 2/2 MEMO To: Cape Canaveral City Council From: Todd Peetz, IH&W, Inc. Subject: Preliminary Comments from the DCA Date: February 10, 1999 In a follow up discussion with the Florida Department of Community Affairs, who are currently reviewing the City's EAR Based Comprehensive Plan Amendments. They are generally pleased with the amendments with the exception of Future Land Use Policy LU -3.3. This policy indicates intensity and density for land use types in the various land use designations. The DCA review team has told me that their report will suggest that the City has not sufficiently described density or intensity in the Plan. What the DCA review team would like to see the plan include is Floor Area Ratios (FAR) and height limitations. What I recommend and the DCA staff agreed with, is a letter stating that the City would amend the plan the next time plan amendments are processed to include an FAR standard. The current maximum development for the City is a lot coverage of 50% and a building height of 45 feet (up to 5 floors). Thus, the maximum FAR would be 2.5. The policy would describe land use designation FARs as: "FAR not to exceed 2.5, and as further defined by zoning regulations which impose a variety of requirements, depending upon type of use." For parks they request that we limit building structures, i.e. FAR of .5 and allow for only passive activities for conservation areas. Why are FARs important? They are used to predict a maximum build out. The idea of using FARs is so a community can determine how to size and service water, sewer, roads and other City service needs. However, an absolute build out scenario usually never occurs. Since the inception of Concurrency Management, FARs are somewhat outdated because services are tracked as development occurs and as capacity thresholds are realized, then expansion or improvements are identified to further extend capacities. By writing a letter stating the intent of providing an FAR at a later date, the City may avoid a finding of non-compliance and stipulated settlement agreement. In a worse case scenario, the State would request the City to amend the Comprehensive Plan immediately to include FAR standards. If you have any questions or need further information, please do not hesitate to contact me at 629-8880 Winter Park, Florida IVEY. HARRIS & WALLS, INC. PLANNING CIVIL ENGINEERING LANDSCAPE ARCHITECTURE ECOLOGICAL SERVICES TRANSPORATION DESIGN CONSTRUCTION SERVICES 631 SOUTH ORLANDO AVEN SUITE 280 WINTER PARK, FLORIDA 32789 TELEPHONE: 407-629-8880 FAX" 407-629-7883 WEBPAGE: www.ihw-usa.com Objective LU -2: Should blighted areas occur, the City shall work toward redevelopment or renewal of such areas. The measurement of this Objective is the continuing lack of blighted areas and the degree to which the following Policy is implemented. Policy LU -2.1: The City shall enforce its housing and building codes in an effort to prevent any blighted areas. Objective LU -3: The City shall work toward the elimination or reduction of uses inconsistent with the community's character and future land uses. The measurement of this Objective is the consistency and compatibility of land uses within Cape Canaveral and the degree to which the following Policies are implemented. Policy LU -3.1: The City shall enforce its various ordinances which regulate the land use categories included in the Future Land Use Map (Zoning Ordinance), subdivisions (Subdivision Regulations), signage (Sign Ordinance), and areas subject to seasonal or periodic flooding (Stormwater Management Ordinance and Federal Flood Insurance Program Regulations). Policy LU -3.2: The City shall require new development to be compatible with adjacent land uses. Policy LU -3 . The City shall enforce its requirements pertaining to densities and intensities of land use in each land -use category--i.e. *R-1, Low Density Residential: maximum 5.808 lots/ acre. *R-2, Medium Density Residential and Townhouse Apartments: maximum 15 units/ acre. *R-3, Duplex/Multi-Family/Townhouse Apartments: maximum 15 units/ acre. *M-1, Light Industrial: maximum 4.356 lots/ acre. *C-1, Commercial: zoning regulations impose a variety of requirements, depending upon type of use. *C-2, Commercial: zoning regulation impose a variety of requirements, depending upon type of use, light manufacturing type uses: maximum 4.356 lots/acre. PUB, Public and Recreation Facilities CON, Conservation. City of Cape Canaveral Ivey, Harris & Walls, Inc. FUTURE LAND USE October 28,1998 2 Adoption EAR -Based Amendments