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HomeMy WebLinkAboutAgenda Packet 10-17-17 CAPE CANAVERAL CITY COUNCIL MEETING Library Meeting Room 201 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA October 17, 2017 6:00 PM CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the City Council excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens will limit their comments to three (3)minutes. The City Council will not take any action under the"Public Participation"section of the agenda. The Council may schedule items not on the agenda as regular items and act upon them in the future. PUBLIC HEARING: 6:15 p.m. 6:25 p.m. 1. a. Resolution No. 2017-28; adopting a Final Millage Rate for the levy of Ad Valorem Taxes for Fiscal Year 2017/2018 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida; repealing Resolution No. 2017-23; providing for an effective date. b. Resolution No. 2017-29; readopting the Annual General Fund, Wastewater Enterprise Fund, Stormwater Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds, Capital Project Funds and Agency Fund Budgets for the Fiscal Year beginning October 1, 2017, and ending September 30, 2018; in accordance with Section 5.06 of the City Charter, adopting a Revised Budget Summary (Attachment 1) to Ordinance No. 14- 2017 to authorize supplemental appropriations by adding an additional $32,498 in revenues and related expenses to the General Fund and an additional $484 in revenues and related expenses to the Library Fund; providing for an effective date. PRESENTATIONS/INTERVIEWS: 6:25 p.m. 6:30 p.m. Interview Applicants for appointment to the Community Appearance Board. (Gail Sweet and Elana Whitehead) City of Cape Canaveral, Florida City Council Meeting October 17, 2017 Page 2 of 3 CONSENT AGENDA: 6:30 p.m. 6:35 p.m. 2. Approve Minutes for September 5, 2017 City Council Special Meeting and September 19, 2017 City Council Regular Meeting. 3. Resolution No. 2017-17; appointing Members to the Community Appearance Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Gail Sweet and Elana Whitehead) 4. Resolution No. 2017-27; reappointing a Member to the Business and Economic Development Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Mark Derman) 5. Approve Interlocal Agreement with Brevard County for funding of upgrades to the West Central Boulevard Baffle Box as part of Save Our Indian River Lagoon Project Plan and authorize City Manager to execute same. 6. Approve Second Amendment to existing Interlocal Agreement for Stormwater Education and Outreach with Brevard County including the City's annual contribution of$3,507.70 and authorize City Manager to execute same. 7. Approve Third Amendment to existing Lease Agreement with Board of County Commissioners of Brevard County (BOCC), Florida, to provide Library Services and authorize Mayor to execute same. 8. Approve Task Order No. 4 in the amount of$69,954 to Geosyntec Consultants, Inc. for design of a reclaimed effluent disposal system at Canaveral City Park, and authorize City Manager to execute same. 9. Approve Task Order No. 5 in the amount of $73,950 to Quentin L. Hampton and Associates, A Mead & Hunt Company, for engineering design, permitting, bidding and construction monitoring services for the replacement of Force Main No. 3 and authorize City Manager to execute same. PUBLIC HEARING: 6:35 p.m. 6:45 p.m. 10. Ordinance No. 10-2017; amending the City of Cape Canaveral Comprehensive Plan Coastal Management Element to bring it into conformance with F.S. Chapter 2015-69, to include development and redevelopment principles, strategies and engineering solutions that reduce the flood risk in coastal areas; adopted by the City Council consistent with this Ordinance; providing for the repeal of prior inconsistent ordinances and resolutions, City of Cape Canaveral, Florida City Council Meeting October 17, 2017 Page 3 of 3 severability, incorporation into the Comprehensive Plan, an effective date and legal status of the Plan Amendments, second reading. 11. Ordinance No. 15-2017; adopting amendments to the Annual General Fund, Special Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital Fund Budgets for the Fiscal Year beginning October 1, 2016, and ending September 30, 2017; providing for the repeal of prior inconsistent ordinances and resolutions and an effective date, first reading. REPORTS: 6:45 p.m. 6:55 p.m. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes,the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped.Persons with disabilities needing assistance to participate in the proceedings should contact the City Clerk's office (868-1220 x220 or x221) 48 hours in advance of the meeting. City of Cape Canaveral City Council Agenda Form [city seal] City Council Meeting Date: 10/17/2017 Item No. 1a Subject: Resolution No. 2017-28; adopting a Final Millage Rate for the levy of Ad Valorem Taxes for Fiscal Year 2017/2018 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida; repealing Resolution No. 2017-23; providing for an effective date. Department: Financial Services Summary: Adopt a Final Millage of 4.0190 mills, which represents a rate higher above the previous year's rate. This Millage includes two segments: General Government Millage 3.9555 mills Library Dependent Special District 0.0635 mills These rates are identified in the Fiscal Year 2017/18 Proposed Budget. Per Truth in Millage (TRIM) Compliance, the Ad Valorem Tax rates can be lowered from the proposed rate, but not increased.The City Council adopted Resolution No.2017-11 —Tentative Proposed Millage Rate of 4.0190 on July 18, 2017 and Resolution No. 2017-16—Tentative Millage Rate of 4.0190 on September 5, 2017. Resolution No. 2017-23 (Attachment 1) was adopted by City Council on September 19, 2017 establishing the Millage Rate for Fiscal Year 2017/2018 reflecting a roll-back rate of 3.3309 mills and an increase of 20.66%. However, due to an erroneous TRIM advertisement (Attachment 2) in the Florida Today newspaper dated September 14, 2017, Resolution No. 2017-23 is being repealed. Resolution No. 2017-28 (Attachment 3) is being adopted reflecting the correct roll-back rate of 3.3739 mills and an increase of 19.12%. During this Public Hearing, City Attorney Garganese advises City Manager Greene to restate, for the public record,the purposes/reasons the City is proposing to increase ad valorem revenues including funding annual cost increases as well as new community Capital Improvement projects identified in the City's Strategic and Visioning Plan such as Canaveral City Park Multigenerational Center and Cultural Arts Preservation hment (CAPE) Cen r. Submitting Department Director: John DeLeo Date: 10 /b /7 Attachment: 1 - Resolution No. 2017-23; 2 - Erroneou RIM Advertisement; 3 - Resolution No. 2017-28 Financial Impact: The adopted Final Millage Rate of 4.0190 will provide $4,343,166 in property tax revenue. These revenues are represented in the Adopted FY 2017/18 Budget at a 95%receipt rate and allow for a balanced budget; cost to prepare Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: /0/0//7 The City Manager recommends that City Counc' ake the following action: Adopt Resolution No. 2017-28. Approved by City Manager: David L. Greene Q(,-1 I Date: IC / 0/7 0 17 Attachment 1 RESOLUTION NO. 2017-23 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING A FINAL MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR FISCAL YEAR 2017/2018 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City wishes to impose Ad Valorem Taxes based upon an approved millage rate; and WHEREAS,Florida Statute 200.065 expressly provides no millage shall be levied until a resolution or ordinance has been approved by the governing board of the taxing authority and upon preparation of a tentative budget,but prior to adoption thereof, each taxing authority shall compute a proposed millage rate necessary to fund the tentative budget other than the portion of the budget to be funded from sources other than Ad Valorem Taxes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. The total final millage for all City operating purposes is 4.0190 mills on the dollar of taxable value for the 2017/2018 Fiscal Year for the City of Cape Canaveral, Florida. This millage represents a rate higher than the previous year's rate and a 20.66% increase above the roll-back rate of 3.3309 mills. Section 2. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a final millage rate of 3.9555 mills for General Government Millage. This final Ad Valorem Tax shall be levied upon the 2017 Tax Assessment Roll for Ad Valorem Tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's Fiscal Year beginning October 1, 2017 and ending September 30, 2018. City of Cape Canaveral,Florida Resolution No.2017-23 Page 1 of 2 Section 3. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a final millage rate of 0.0635 mills for the Library Dependent Special District, as approved in the 1985 referendum election. This final Ad Valorem Tax shall be levied upon the 2017 Tax Assessment Roll for Ad Valorem Tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's Fiscal Year beginning October 1, 2017 and ending September 30, 2018. Section 4. This Resolution shall become effective immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Brevard County, Florida, this 19th day of September, 2017. Bob Hoog, Mayor ATTEST: Name For Against Mia Goforth, CMC, Mike Brown x City Clerk Bob Hoog x Brendan McMillin Second Rocky Randels Motion Betty Walsh x Approved as to Form: Anthony A. Garganese, City Attorney City of Cape Canaveral,Florida Resolution No.2017-23 Page 2 of 2 Mailed to A daily publication by: Attachment 2 City of Cape Canaveral Attn: Mia Goforth FLORIDA PO Box 326 TODAY Cape Canaveral, FL 32920 STATE OF FLORIDA COUNTY OF BREVARD Before the undersigned authority personally appeared Jerri Hamlin who on oath says that she is LEGAL ADVERTISING SPECIALIST of the FLORIDA TODAY, a newspaper published in Brevard County, Florida; that the attached copy of advertising being a LEGAL NOTICE Ad#( 594142 $ 808.61 Acct.#( CIT120 ) CITY OF CAPE CANAVERAL the Court NOTICE OF PROPOSED TAX INCREASE as published in the FLORIDA TODAY in the issue(s) of: September 14, 2017 Affiant further says that the said FLORIDA TODAY is a newspaper in said Brevard County, Florida, and that the said newspaper has heretofore been continuously published in said Brevard County, Florida, regularly as stated above, and has been entered as periodicals matter at the post office in MELBOURNE in said Brevard County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in said newspaper. Jerri Hamlin (Signature of Affiant) Savors to and subscribed before this: 14th day of September, 2017 Adia Bell A Bell [Florida Notary Association Seal] NOTARY PUBLIC STATE OF FLORIDA (Signature of Notary Public) Comm#FF954893 Adia Bell Expires 1/27/2020 (Name of Notary Typed, Printed or Stamped) Personally Known X or Produced Identification Type Identification Produced: NOTICE OF PROPOSED TAX INCREASE The City of Cape Canaveral has tentatively adopted a measure to increase its property tax levy. A public hearing to make a FINAL DECISION on the budget AND TAXES will be held on: Tuesday, September 19, 2017 6:00 P.M. at 201 Polk Avenue Cape Canaveral Library Meeting Room NOTICE OF PROPOSED TAX INCREASE The City of Cape Canaveral has tentatively adopted a measure to increase its property tax levy. Last year's property tax levy: A. Initially proposed tax levy $3,737,634 B. Less tax reductions due to Value Adjustment Board and other assessment changes $74,302 C. Actual property tax levy $3,663,332 This year's proposed tax levy $4,571,754 All concerned citizens are invited to attend a public hearing on the tax increase to be held on: Tuesday, September 19, 2017 6:00 P.M. at 201 Polk Avenue Cape Canaveral Library Meeting Room A FINAL DECISION on the proposed tax increase and the budget will be made at this hearing. Attachment 3 RESOLUTION NO. 2017-28 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING A FINAL MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR FISCAL YEAR 2017/2018 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REPEALING RESOLUTION NO.2017-23;PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City wishes to impose Ad Valorem Taxes based upon an approved millage rate; and WHEREAS,Florida Statute 200.065 expressly provides no millage shall be levied until a resolution or ordinance has been approved by the governing board of the taxing authority and upon preparation of a tentative budget,but prior to adoption thereof, each taxing authority shall compute a proposed millage rate necessary to fund the tentative budget other than the portion of the budget to be funded from sources other than Ad Valorem Taxes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. The total final millage for all City operating purposes is 4.0190 mills on the dollar of taxable value for the 2017/2018 Fiscal Year for the City of Cape Canaveral, Florida. This millage represents a rate higher than the previous year's rate and a 19.12% increase above the roll-back rate of 3.3739 mills. Section 2. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a final millage rate of 3.9555 mills for General Government Millage. This final Ad Valorem Tax shall be levied upon the 2017 Tax Assessment Roll for Ad Valorem Tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's Fiscal Year beginning October 1, 2017 and ending September 30, 2018. City of Cape Canaveral,Florida Resolution No.2017-28 Page 1 of 2 Section 3. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a final millage rate of 0.0635 mills for the Library Dependent Special District, as approved in the 1985 referendum election. This final Ad Valorem Tax shall be levied upon the 2017 Tax Assessment Roll for Ad Valorem Tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's Fiscal Year beginning October 1, 2017 and ending September 30, 2018. Section 4. Resolution No. 2017-23, which was previously adopted after an erroneous TRIM advertisement was published in the newspaper, is hereby repealed in its entirety. Section 5. This Resolution shall become effective immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral,Brevard County,Florida, this 17th day of October, 2017. Bob Hoog,Mayor ATTEST: Name For Against Mia Goforth, CMC, Mike Brown City Clerk Bob Hoog Brendan McMillin Rocky Randels Betty Walsh Approved as to Form: Anthony A. Garganese, City Attorney City of Cape Canaveral,Florida Resolution No.2017-28 Page 2 of 2 City of Cape Canaveral [city seal] City Council Agenda Form City Council Meeting Date: 10/17/2017 Item No. 1b Subject: Resolution No. 2017-29;readopting the Annual General Fund, Wastewater Enterprise Fund, Stormwater Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds, Capital Project Funds and Agency Fund Budgets for the Fiscal Year beginning October 1, 2017, and ending September 30, 2018; in accordance with Section 5.06 of the City Charter, adopting a Revised Budget Summary(Attachment 1)to Ordinance No. 14-2017 to authorize supplemental appropriations by adding an additional $32,498 in revenues and related expenses to the General Fund and an additional $484 in revenues and related expenses to the Library Fund; providing for an effective date. Department: Financial Services Summary: On September 19, 2017, the City adopted Ordinance No. 14-2017 (Attachment A) approving the City's final budget for Fiscal Year beginning October 1, 2017 and ending September 30, 2018 at a publicly advertised hearing. On October 5, 2017,the City was advised by the Florida Department of Revenue that the City's legal advertisement (Attachment B) for that Public Hearing contained errors that required the City to correct the advertisement, re- advertise and conduct another Public Hearing for purposes of readopting the City's Final Budget. As a result, Resolution No. 2017-29 (Attachment C) is required to readopt and ratify a final budget for the Fiscal Year beginning October 1, 2017, and ending September 30, 2018, based on the 2017/18 Revised Budget Summary (Attachment 1) which includes supplemental appropriations of additional revenues and related expenses to the General Fund in the amount of $32,498 and to the Library Fund in the amount of $484. The revised 2017/18 Budget Summary is attached hereto and fully incorporated herein, pursuant to Section 5.06(a) of the City Charter, shall also constitute a supplemental appropriation and replace, in its entirety, the previous version of the Budget Summary adopted by Ordinance No. 14-2017 on September 19, 2017. The Budget for the Fiscal Year 2017/18 totals $23,318,047. This represents a 32.6% decrease from the Fiscal Year 2016/17 Budget. Staff recommends adoption of Resolution No. 2017-29. Submitting Department Director: John DeLeo Date: 10/10/17 Attachment: A - Ordinance No. 14-2017; B - Budget Summary Advertisement 9/14/17; C - Resolution No. 2017-29; 1 - Revised Budget Summary Financial Impact: Increases revenues and related expenses to the General Fund in the amount of $32,498 and Library Fund in the amount of$484. This is a balanced Budget based upon a 4.0190 Ad Valorem Millage Rate. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 10/10/17 The City Manager recommends that City Councila the following action: Adopt Resolution No. 2017-29. Approved by City Manager: David L. Greene Date: 10/10/2017 Attachment A ORDINANCE NO. 14-2017 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING THE ANNUAL GENERAL FUND, WASTEWATER ENTERPRISE FUND, STORMWATER ENTERPRISE FUND, ENTERPRISE CAPITAL FUND, SPECIAL REVENUE FUNDS, CAPITAL PROJECT FUNDS AND AGENCY FUND BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2017, AND ENDING SEPTEMBER 30, 2018; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida,as follows: SECTION 1. The Annual General Fund, Wastewater Enterprise Fund, Stormwater Enterprise Fund,Enterprise Capital Fund,Special Revenue Funds,Capital Project Funds and Agency Fund Budgets which are attached hereto in Attachment #1 by reference made a part hereof, of the City of Cape Canaveral, Florida for the Fiscal Year beginning October 1, 2017, and ending September 30, 2018, are hereby approved and adopted. SECTION 2. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 19th day of September, 2017. Bob Hoog, Mayor ATTEST: Name For Against Mia Goforth, CMC, Mike Brown X City Clerk Bob Hoog X Brendan McMillin x Approved as to Form: Rocky Randels Motion Betty Walsh Second Anthony A. Garganese, City Attorney First Reading: 9/05/2017 Legal Ad Published: 9/14/2017 Second Reading: 9/19/2017 Ordinance No. 14-2017 Attachment#1 City of Cape Canaveral Fiscal Year 2017-2018 Budget Summary Revenues Expenditures General Fund: $ 12,434,199 $ 12,434,199 Enterprise Funds: Wastewater Enterprise Fund 5,770,915 5,770,915 Stormwater Enterprise Fund 852,204 852,204 Enterprise Capital Fund 2,989,800 2,989,800 Capital Project Funds: Capital Construction Fund - - North Atlantic Ave. Improvement Fund - - Special Revenue Funds: Police Education Fund 1,044 1,044 Aerial Fire Protection Fund 132 132 School Crossing Guard Fund 2,385 2,385 Library Fund 72,973 72,973 CC Community Redevelopment Agency Fund 1,158,731 1,158,731 Agency Fund: Law Enforcement Trust Fund 2,682 2,682 Total Fiscal Year 2017/2018 Budget $ 23,285,065 $ 23,285,065 Attachment B Mailed to: A daily publication by: City of Cape Canaveral Attn:Mia Goforth FLORIDA PO Box 326 TODAY Cape Canaveral, FL 32920 STATE OF FLORIDA COUNTY OF BREVARD Before the undersigned authority personally appeared Jerri Hamlin who on oath says that she is LEGAL ADVERTISING SPECIALIST of the FLORIDA TODAY, a newspaper published in Brevard County, Florida; that the attached copy of advertising being a LEGAL NOTICE Ad#( 594143 $ 539.07 Acct.#( CIT120 ) CITY OF CAPE CANAVERAL the Court BUDGET SUMMARY AD as published in the FLORIDA TODAY in the issue(s)of: September 14, 2017 Affiant further says that the said FLORIDA TODAY is a newspaper in said Brevard County, Florida, and that the said newspaper has heretofore been continuously published in said Brevard County, Florida, regularly as stated above,and has been entered as periodicals matter at the post office in MELBOURNE in said Brevard County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate,commission or refund for the purpose of securing this advertisement for publication in said newspaper. Jerri Hamlin (Signature of Affiant) Sworn to and subscribed before this: 14th day of September 2017 Adia Bell [Florida Notary Association Seal] NOTARY PUBLIC A Bell STATE OF FLORIDA (Signature of Notary Public) Comm#FF954893 Adia Bell Expires 1/27/2020 (Name of Notary Typed, Printed or Stamped) Personally Known X_ _or Produced Identification Type Identification Produced: BUDGET SUMMARY CITY OF CAPE CANAVERAL - FISCAL YEAR 2017/18 THE PROPOSED BUDGETED EXPENDITURES OF CITY OF CAPE CANAVERAL ARE 32.6 LESS THAN LAST YEAR'S TOTAL EXPENDITURES. GENERAL SPECIAL WASTEWATER STORMWATER ENTERPRISE CAPITAL FUND REVENUE ENTERPRISE ENTERPRISE CAPITAL PROJECTS TOTAL CASH BALANCE BROUGHT FORWARD $947.650 $ 2,434 $ - $ 100,000 $ - $ - $ 1,050,084 ESTIMATED REVENUES: MILLAGE PER $1.000 CAPE CANAVERAL 3.9555$ 4,242,047 $ 4,242,047 LIBRARY 0.0635 $ 68,138 $ 68,138 SANS AND USE TAXES $ 340,919 $ 340,919 FRANCHISE TAXES $ 828,652 $ 828,652 UTILITY TAXES $ 1,245,848 $ 1,245,848 TELECOMMUNICATION SERVICES TAX $ 447,498 $ 447,498 LICENSES AND PERMITS $ 260,850 $ 260,850 INTERGOVERNMENTAL REVENUE $ 1,243,147 $ 758,731 $ 11,000 $ 2,012,878 CHARGES FOR SERVICES $ 1,355,975 $ $ 4,006,392 $ 735,264 $ 6,097,631 FINES AND FORFEITURES $ 17,800 $ 1,500 $ 19,300 MISCELLANEOUS $ 111,300 $ 7,144 $ 12,220 $ 5,940 $ 136,584 OTHER FINANCING SOURCES $ 1,392,513 $ 400,000 $ 1,752,323 $ 2,989,800 $ - $ 6,534,636 TOTAL REVENUES AND OTHER FINANCING SOURCES $ 11,486,549 $ 1,235,513 $ 5,770,915 $ 752,204 $ 2,989,800 $ - $ 22,234,981 TOTAL REVENUES, TRANSFERS AND BALANCES $ 12,434,199 $ 1,237,947 $ 5,770,915 $ 825,204 $ 2,989,800 $ - $ 23,285,065 EXPENDITURES/EXPENSES: GENERAL GOVERNMENTAL SERVICES $ 2,288,137 $ - $ 2,288,137 PUBLIC SAFETY $ 5,136,106 $ 3,858 $ 5,139,964 PHYSICAL ENVIRONMENT $ 1,119,748 $ 2,294,078 $ 464,038 $ 2,989,800 $ 6,867,664 TRANSPORTATION $ 1,101,506 • $ - $ 1,101,506 CULTURE AND RECREATION $ 634,511 $ 72,973 $ 707,484 OTHER ECONOMIC ENVIRONMENT $ 147,232 $ 417,204 $ 564,436 DEBT SERVICE $ 1,236,925 $ 741,527 $ 174,278 $ 2,152,730 OTHER FINANCING SOURCES (USES) $ 770,034 $ 2,385 $ 3,302,559 $ 388,166 $ 4,463,144 TOTAL EXPENDITURES/ EXPENSES $ 14,434,199 $ 1,237,947 $ 5,770,915 $ 852,204 $ 2,989,800 $ - $23,285,065 TOTAL APPROPRIATED EXPENDITURES AND RESERVES $ 14,434,199 $ 1,237,947 $ 5,770,915 $ 852,204 $ 2,989,800 $ - $23,285,065 THE TENTATIVE-ADOPTED, AND/OR FINAL BUDGETS ARE ON FILE IN THE OFFICE OF THE ABOVE MENTIONED TAXING AUTHORITY AS A PUBLIC RECORD. FT-000050-4143 Attachment C RESOLUTION NO. 2017-29 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; READOPTING AND RATIFYING THE FINAL BUDGET FOR THE ANNUAL GENERAL FUND, WASTEWATER ENTERPRISE FUND, STORMWATER ENTERPRISE FUND, ENTERPRISE CAPITAL FUND, SPECIAL REVENUE FUNDS, CAPITAL PROJECT FUNDS AND AGENCY FUND BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2017 AND ENDING SEPTEMBER 30, 2018; IN ACCORDANCE WITH SECTION 5.06 OF THE CITY CHARTER, ADOPTING A REVISED BUDGET SUMMARY (ATTACHMENT 1) TO ORDINANCE NO. 14-2017 TO AUTHORIZE SUPPLEMENTAL APPROPRIATIONS BY ADDING AN ADDITIONAL $32,498 IN REVENUES AND RELATED EXPENSES TO THE GENERAL FUND AND AN ADDITIONAL $484 IN REVENUES AND RELATED EXPENSES TO THE LIBRARY FUND; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, after the City adopted Ordinance No. 14-2017 approving the City's final budget for the Fiscal Year beginning October 1,2017 and ending September 30, 2018 at a publicly advertised hearing on September 19, 2017, the City was advised by the Florida Department of Revenue that the City's legal advertisement for the September 19, 2017 public hearing contained an error that requires the City to correct the advertisement,re-advertise and conduct another public hearing for purposes of readopting the City's final budget; and WHEREAS, Section 5.04 of the City Charter provides that the City Council shall adopt the budget consistent with the requirements and procedures of Florida law; and WHEREAS, Section 200.065, Florida Statutes allows a municipality to adopt its annual budget by ordinance or resolution; and WHEREAS,on September 5,2017,the City Council conducted a tentative budget hearing for the Fiscal Year beginning October 1, 2017 and ending September 30, 2018 and adopted a tentative budget; and City of Cape Canaveral,Florida Resolution No.2017-29 Page 1 of 2 WHEREAS, the City Council previously adopted a resolution establishing the final millage rate to fund the annual budget for the Fiscal Year beginning October 1, 2017 and ending September 30, 2018; and WHEREAS, on September 19, 2017, the City Council previously adopted Ordinance No. 14-2017 (including the Budget Summary attached as Attachment #1) adopting a final budget for the Fiscal Year beginning October 1, 2017 and ending September 30, 2018; and WHEREAS,with respect to the final budget, the City must re-advertise a revised budget summary which includes additional revenue appropriations of$32,498 for the General Fund and $484 for the Library Fund. These additional revenues were not included in the revenues previously budgeted and stated in the advertised budget summary attached as Attachment 1 to Ordinance No. 14-2017; and WHEREAS, in furtherance of the Florida Department of Revenue's request, the City has re-advertised the correct 2017/2018 Fiscal Year Budget Summary for an additional public hearing; and WHEREAS, the City Council hereby desires to conduct an additional public hearing on the City's final budget for the Fiscal Year beginning October 1, 2017 and ending September 30, 2018 and readopt and ratify its final budget,by this Resolution,with the inclusion of the additional revenues stated above for the General Fund and Library Fund; and WHEREAS, additionally, Section 5.06 of the City Charter authorizes the City Council to adopt a resolution during or before the fiscal year to make supplemental appropriations for any budget year when the City Manager certifies that additional revenues exist which must be budgeted than what was estimated in the previously adopted budget; and City of Cape Canaveral,Florida Resolution No.2017-29 Page 2 of 2 WHEREAS,the City Manager has certified to the City Council that due to an error in the Budget Summary attached as Attachment 1 to Ordinance No. 14-2017 and previously advertised and adopted by the City Council, an additional $32,982 in revenues (and related expenditures to balance the budget) should be appropriated in the current budget for the reasons explained above; and WHEREAS,this Resolution is in the best interests of the public health, safety and welfare of the citizens and businesses of the City of Cape Canaveral,Florida. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. The intent and purpose of this Resolution is to readopt and ratify a final budget for the Fiscal Year beginning October 1, 2017, and ending September 30, 2018, based on a new 2017-2018 Budget Summary which includes supplemental appropriations of additional revenues and related expenses to the General Fund in the amount of$32,498 and to the Library Fund in the amount of$484. The new 2017-2018 Budget Summary is attached hereto and fully incorporated herein as Attachment 1. Pursuant to Section 5.06(a) of the City Charter, the revised Attachment 1 attached to this Resolution shall also constitute a supplemental appropriation and replace, in its entirety, the previous version of Attachment 1 adopted by Ordinance No. 14-2017. Section 2. The Annual General Fund, Wastewater Enterprise Fund, Stormwater Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds, Capital Project Funds and Agency Fund Budgets, as more specifically set forth in the attached Attachment#1, for the Fiscal Year beginning October 1, 2017, and ending September 30, 2018, are hereby approved and adopted and shall constitute the City's final budget for the Fiscal Year beginning October 1, 2017, and ending September 30, 2018. City of Cape Canaveral,Florida Resolution No.2017-29 Page 2 of 3 Section 3. The City Council hereby approves and ratifies the tentative and final budgets adopted by Ordinance No. 14-2017 for Fiscal Year beginning October 1,2017, and ending September 30, 2018, as amended by this Resolution. Section 4. This Resolution shall become effective immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral,Brevard County,Florida, this 17th day of October, 2017. Bob Hoog,Mayor ATTEST: Name For Against Mia Goforth, CMC, Mike Brown City Clerk Bob Hoog Brendan McMillin Rocky Randels Betty Walsh Approved as to Form: Anthony A. Garganese, City Attorney City of Cape Canaveral,Florida Resolution No.2017-29 Page 2 of 4 Resoluton No. 2017-29 Attachment#1 City of Cape Canaveral Fiscal Year 2017-2018 Budget Summary Revenues Expenditures General Fund: $ 12,466,697 $ 12,466,697 Enterprise Funds: Wastewater Enterprise Fund 5,770,915 5,770,915 Stormwater Enterprise Fund 852,204 852,204 Enterprise Capital Fund 2,989,800 2,989,800 Capital Project Funds: Capital Construction Fund - - North Atlantic Ave. Improvement Fund - - Special Revenue Funds: Police Education Fund 1,044 1,044 Aerial Fire Protection Fund 132 132 School Crossing Guard Fund 2,385 2,385 Library Fund 73,457 73,457 CC Community Redevelopment Agency Fund 1,158,731 1,158,731 Agency Fund: Law Enforcement Trust Fund 2,682 2,682 Total Fiscal Year 2017/2018 Budget $ 23,318,047 $ 23,318,047 [city seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/17/2017 PRESENTATIONS/INTERVIEWS Subject: Interview Applicants for appointment to the Community Appearance Board. (Gail Sweet and Elana Whitehead) Department: Community Development Summary: On July 19 and August 16, 2017, the Community Appearance Board unanimously approved Gail Sweet and Elana Whitehead to fill two vacancies, respectively. Ms. Sweet served on numerous boards/committees, including the Board of Chamber of Commerce, Historical Society and Educational Media and Technology Board in Burglinton County, New Jersey. Ms. Sweet was also involved in a $5 million capital expansion project of the Burlington County Library. Ms. Sweet indicates she enjoys living in Cape Canaveral and would like to be involved in how the City moves forward. She is also involved in the City's Community Garden project. Ms. Whitehead has a background in journalism, grant-writing communications and real estate. She is a 19-year resident of the City and states she is very concerned about the appearance and livability of the City. Per City Code of Ordinances Sec. 2-171(c)(5), any person nominated, elected or appointed to serve on a board or committee of the City shall complete interviews with the Board or Committee on which the person is seeking appointment and with the City Council. Based on the applicants' interviews and interest in the City of Cape Canaveral Community Appearance Board, the Board recommends they be appointed by the City Council. At its September 19, 2017 Regular Meeting, City Council voted to postpone this item, per Staff request, until tonight's Regular Meeting. Submitting Department Director: David Dickey Date: 10-4-17 Attachments: 1 —Board Applications 2—Board Recommendation Memo Financial Impact: Staff time and effort to prepare Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 9/22/17 The City Manager recommends that City Council ta' • the following actions: Interview Applicants—Gail Sweet and Elana Whitehead. Approved by City Manager: David L. Greene 6`111, Date: 10/2/17 Attachment 1 CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. RECEIVED Please complete the following in the space provided: MAY 03 2017 A. GENERAL CCO DZ 1. Applicant Name: Gail Sweet 2. Home Address: 8941 Lake Drive, D304, Cape Canaveral, FL 3. Home and Cellular Telephone: (home) 321-783-6946 (cell) 856-313-5053 4. Occupation: Library director Burlington County + County College, NS 5. Business Telephone: Retired 6. Business Address: 7. E-Mail: crumpet71@aol.com B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? (Y) ✓ (N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? (Y) ✓* (N) *owner, parttime since 2005. full time since 9/2017 3a. Are you a Business owner: (Y) (N) ✓ 3b. If yes to 3a, please list the name: 4a. Have you ever been convicted or found guilty, regardless of adjudication, or a felony in any jurisdiction?Any plea of nob contendere (no contest)shall be considered a conviction for purposes of this question. (Y) (N) ✓ 4b. If yes to 4a, have your civil rights been restored? (Y) (N) 5a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? (Y) (N) ✓ 5b. If yes to 5a, please list each: Page 1 of 3 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? (Y) ✓ (N) 7a. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? (Y) (N) ✓ 7b. If yes to 7a, please provide name(s) of person(s) and relationship to you: C. INTERESTS/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: Enjoy living in Cape Canaveral and would like to be involved i how the city moves forward. Currently a community gardener. GREAT project! 2. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. Board of Adjustment* b. Business and Economic Development Board c. Code Enforcement Board* d. 1 Community Appearance Board e. Construction Board of Adjustment and Appeals* f. 3 Culture and Leisure Services Board g. 2 Library Board h. Planning and Zoning Board* i. Other: *Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. Briefly state any prior experiences in serving on any governmental board or committee: IN NEW JERSEY: Educational Media + Technology board. (Also Board of Chamber of Commerce, Historical Society, Friends of the Library). 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee. Invovled in $5,000,000 expansion of Burlington County Library which included theater + ampitheater. D. STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Page 2 of 3 RACE GENDER African-American Male Asian-American X Female Hispanic-American Not Known Native-American X Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE,AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at(321) 868-1220 ext. 221. Signature: Gail Sweet Date: 4/28/2017 Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral Florida 32920 For Office Use Only: Date application received: 5-3-17 Date Appointed: Appointed by: Board Appointed to: Term Expires: Page 3 of 3 CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Received Please complete the following in the space provided: MAR 29 2017 A. GENERAL 1. Applicant Name: Elana Whitehead 2. Home Address: 619 Monroe Ave. 3. Home and Cellular Telephone: 783-0857 (h) 626-4495 (c) 4. Occupation: Real Estate agent 5. Business Telephone: 6. Business Address: 7. E-Mail: elana@twopalms.com B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? (Y) ✓ (N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? (Y) ✓ (N) 3a. Are you a Business owner: (Y) (N) ✓ 3b. If yes to 3a, please list the name: 4a. Have you ever been convicted or found guilty, regardless of adjudication, or a felony in any jurisdiction?Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. (Y) (N) ✓ 4b. If yes to 4a, have your civil rights been restored? (Y) (N) 5a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? (Y) (N) ✓ 5b. If yes to 5a, please list each: Page 1of 3 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being EDW appointed to a board or committee. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? (Y) ✓ (N) 7a. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? (Y) (N) ✓ 7b. If yes to 7a, please provide name(s)of person(s)and relationship to you: C. INTERESTS/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: As a 19 year resident of the city, I am very concerned about its appearance and livability. 2. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. Board of Adjustment* b. Business and Economic Development Board c. Code Enforcement Board* d. 1 Community Appearance Board e. Construction Board of Adjustment and Appeals* f. 2 Culture and Leisure Services Board g. 3 Library Board h. Planning and Zoning Board* i. Other: *Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. Briefly state any prior experiences in serving on any governmental board or committee: none 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee. background in journalism, grant-writing, communicators & real estate D. STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes,requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Page 2 of 3 RACE GENDER African-American Male Asian-American ✓ Female Hispanic-American Not Known Native-American ✓ Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE,AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at(321)868-1220 ext. 221. Signature: Elana Whitehead . Date: 3/28/17 Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral Florida 32920 For Office Use Only: Date application received: 3-29-2017 Date Appointed: Appointed by: Board Appointed to: Term Expires: Page 3 of 3 Attachment 2 105 Polk Avenue, Cape Canaveral, FL 32920 CITY OF CAPE CANAVERAL P.O. Box 326 321-868-1222 Community Development Memo TO: Cape Canaveral City Council VIA: David L. Greene, City Manager FROM: David Dickey,Community Development Director DATE: 9/1/2017 RE: Recommendation to the City Council—Community Appearance Board Applicants—Elana Whitehead and Gail Sweet At the July 19 and August 16, 2017 Community Appearance Board Meetings, the Board interviewed Gail Sweet and Elana Whitehead, respectively, to fill two vacancies. Based on their interest and backgrounds,the Board recommended the vacancies be filled by the aforementioned individuals. Please let me know if you have any questions. Thank you. Item No. 2 CITY COUNCIL SPECIAL MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue,Cape Canaveral,Florida TUESDAY September 5,2017 5:30 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 5:26 P.M. ROLL CALL: Council Members Present: Council Member Mike Brown Mayor Bob Hoog Mayor Pro Tem Brendan McMillin Council Member Rocky Randels Council Members Absent: Council Member Betty Walsh Others Present: City Manager David Greene City Clerk Mia Goforth Administrative/Financial Services Director John DeLeo Community Development Director David Dickey Human Resources/Risk Management Director Jane Ross Economic Development Director Todd Morley Culture and Leisure Services Director Gustavo Vergara Public Works Services Director Ralph Lotspeich Deputy Public Works Services/Community Engagement Director Joshua Surprenant Brevard County Sheriff's Office Lieutenant Don Barker Cape Canaveral Volunteer Fire Department Chief Dave Sargeant Council Member Randels led the Pledge of Allegiance. PUBLIC PARTICIPATION: Angela Raymond, 7048 Sevilla Court, thanked Mayor Pro Tem McMillin and BCSO Canaveral Precinct Commander Linda Moros for their efforts to repair the electronic crosswalk at AlA and Buchanan/Center Street. PUBLIC HEARING: 1. Resolution No. 2017-16; adopting a proposed millage rate for the levy of Ad Valorem Taxes for Fiscal Year 2017/2018 on all taxable property located within the City of Cape City of Cape Canaveral, Florida City Council Special Meeting September 5, 2017 Page 2 of 2 Canaveral, Brevard County, Florida; providing for an effective date.: City Clerk Goforth read the Resolution title into the record. City Manager Greene summarized the item and commented on uncertainty regarding FEMA payments from the State, potential storms and the 2018 ballot item regarding additional homestead exemption. He stated Staff recommends approval of the Item. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Randels, seconded by Council Member Brown, to adopt Resolution No. 2017-16. The motion carried 4-0 with voting as follows: Council Member Bond, For; Council Member Brown, For; Mayor Hoog, For; Council Member McMillin,For and Mayor Pro Tem Walsh,Absent. 2. Ordinance No. 14-2017; adopting the Annual General Fund, Wastewater Enterprise Fund, Stormwater Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds, Capital Project Funds and Agency Fund Budgets for the Fiscal Year beginning October 1, 2017, and ending September 30, 2018; providing for an effective date, first reading: City Clerk Goforth read the Ordinance title into the record. City Manager Greene explained the item and commented how the City is in very good financial condition overall. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Randels, seconded by Mayor Pro Tem McMillin, to approve Ordinance No. 14-2017, first reading. The motion carried 4-0 with voting as follows: Council Member Bond,For; Council Member Brown,For; Mayor Hoog,For; Council Member McMillin,For and Mayor Pro Tem Walsh, Absent. Mayor Hoog wished everyone a safe journey through the approaching storm. City Manager Greene reported Staff is following the Hurricane Preparedness and Recovery Plan; and if it appears the City will be hit, Staff will ask Council to pass a State of Emergency Declaration with a longer recovery period considering additional storms following Hurricane Irma. ADJOURNMENT: There being no further business, the Meeting adjourned at 5:41 P.M. Mia Goforth, CMC, City Clerk Bob Hoog,Mayor CITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue,Cape Canaveral,Florida TUESDAY September 19,2017 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 PM. Council Member Brown led the pledge of allegiance. ROLL CALL: Council Members Present: Council Member Mike Brown Mayor Bob Hoog Mayor Pro Tem Brendan McMillin Council Member Rocky Randels Council Member Betty Walsh Others Present: City Manager David L. Greene City Attorney Anthony Garganese City Clerk Mia Goforth Administrative/Financial Services Director John DeLeo Capital Projects Director Jeff Ratliff Community Development Director David Dickey Economic Development Director Todd Morley Human Resources/Risk Management Director Jane Ross Culture and Leisure Services Director Gustavo Vergara Public Works Services Director Ralph Lotspeich Community Engagement/Deputy Public Works Services Director Joshua Surprenant Brevard County Sheriff's Office Commander Linda Moros Cape Canaveral Volunteer Fire Department Chief Dave Sargeant PUBLIC PARTICIPATION:Pennie Zuercher, 8657 Villanova Drive and Chief Financial Officer for Brevard County Schools, thanked City Council for accomplishments in the community including improvements, ped-ways, parks and the City garden; she expressed how proud she and her husband are to be residents and is eager to get involved with City government. Mayor Hoog thanked Mrs. Zuercher. City of Cape Canaveral, Florida City Council Regular Meeting September 19, 2017 Page 2 of 5 PRESENTATIONS/INTERVIEWS: Interview Applicants for appointment to the Community Appearance Board. (Gail Sweet and Elana Whitehead): Mayor Hoog requested a motion to remove and postpone the Agenda Item for Interviews and Consent Agenda Item 2. A motion was made by Mayor Pro Tem McMillin, seconded by Council Member Walsh, to reschedule the Agenda Item for Interviews and Consent Agenda Item 2 to the City Council Meeting of October 17,2017. The motion carried 5-0. "Engaging our Communities and State Legislative Actions", presented by City of Satellite Beach City Councilman and current Space Coast League of Cities First Vice President Dominick Montanaro: Mr. Montanaro shared his background related to becoming President of the Space Coast League of Cities January 2018,serving on Council and Boards of the City of Satellite Beach for approximately twenty-five years, the challenges municipalities face with regard to State legislation and his initiative to engage and inform citizens of local governments impact on their lives. Council thanked Mr. Montanaro and discussed how local elected officials had not rallied citizens to engage with State legislators in the past and the need to get the message out. CONSENT AGENDA: Mayor Hoog inquired if any items were to be removed from the Consent Agenda for discussion excluding Item 2. Mayor Pro Tem McMillin removed Item 1. 1. Approve Minutes for August 15, 2017 City Council Regular Meeting. 2. Resolution No. 2017-17; appointing Members to the Community Appearance Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Gail Sweet and Elana Whitehead) (REMOVED) 3. Resolution No. 2017-18; reappointing Members to the Board of Adjustment, Code Enforcement Board, Culture and Leisure Services Board and Library Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Linda Brown,Joe Elliott,Desmond Wassell,Christopher Cloney,Walter Godfrey, Mickie Kellum, Maureen Michel, Alden Moe, Joanna Atwood&Mary Ernst) 4. Resolution No. 2017-19; authorizing an addendum to the Contract for fire protection and emergency medical services between the City of Cape Canaveral, Florida and the Cape Canaveral Volunteer Fire Department, Inc.; providing for the repeal of prior inconsistent resolutions, severability and an effective date. 5. Resolution No. 2017-20; authorizing an Agreement for municipal law enforcement services between the City of Cape Canaveral, Florida and Wayne Ivey, as Sheriff of Brevard County; providing for the repeal of prior inconsistent resolutions, severability and an effective date. City of Cape Canaveral, Florida City Council Regular Meeting September 19, 2017 Page 3 of 5 6. Resolution No. 2017-21; recognizing the importance of breastfeeding in accordance with Florida State Laws and Statutes; providing for the repeal of prior inconsistent resolutions, severability and an effective date. 7. Resolution No. 2017-25; confirming and extending the Declaration of Civil Emergency approved by the Mayor on September 7, 2017 due to Hurricane Irma; providing for the termination of the Civil Emergency at 11:59 P.M. on September 22,2017 unless otherwise extended by order of the Mayor; providing for severability and an effective date. 8. Resolution No. 2017-26; providing for a temporary waiver of Building Permit fees for repairs related to building or structural damage caused by Hurricane Irma;providing for an intent and purpose of this Resolution; providing for a filing period for eligible building permit applications; providing for severability and an effective date. 9. Approve the Tenth Addendum to Professional Services Agreement for Fertilization,Insect, Disease, Weed Control and Pest Control Services in the amount of$48,054 with Black's Spray Service, Inc. and authorize City Manager to execute same. 10. Approve the Second Addendum to Professional Services Agreement for Mowing and Landscaping Services in the amount of$203,860 with SSS Brevard OPCO,LLC dba Green Leaf Landscaping & Irrigation and authorize City Manager to execute same. A motion was made by Council Member Brown, seconded by Mayor Pro Tem McMillin, to accept Items 3 through 10, excluding 2, from the Consent Agenda. The motion carried 5-0. #1 Mayor Pro Tem McMillin requested an amendment and clarification to the Regular Meeting Minutes of August 15, 2017. Discussion ensued and included his vote in support of Item 4, under Public Hearing, Ordinance No. 11-2017 prohibiting Medical Marijuana Treatment Center Dispensing Facilities in the City, Council desire for Staff to create a future ordinance allowing the measure, reasoning behind the action and how the State presented limited choices prior to the August Meeting. A motion was made by Mayor Pro Tem McMillin, seconded by Council Member Randels, for approval of Item 1 of the Consent Agenda, as written. The motion carried 5-0. Discussion continued regarding the City's action-oriented style of recording minutes and public access to audio and video recordings of City Council Meetings. PUBLIC HEARING: 11. a. Resolution No. 2017-23; adopting a Final Millage Rate for the levy of Ad Valorem Taxes for Fiscal Years 2017/2018 on all taxable property located within the City of Cape Canaveral,Brevard County,Florida;providing for an effective date: City Attorney Garganese read the title into the record and explained the item. The Public Hearing was opened. Mayor Hoog complimented Staff and pointed out how much the City is accomplishing compared to other communities with higher rates. The Public Hearing was closed. Discussion ensued and included Capital Improvement projects in the 2017/2018 budget directly tied to City Visioning and details City of Cape Canaveral, Florida City Council Regular Meeting September 19, 2017 Page 4 of 5 regarding Capital Improvement projects provided by Culture and Leisure Services Director Vergara. City Attorney Garganese announced the proposed final millage rate, the rolled-back rate and the percentage increase of the proposed final millage rate above the rolled-back rate which will be incorporated into Resolution No. 2017-23. City Manager Greene explained the purposes and reasons the City is proposing to increase ad valorem revenues including funding annual cost increases as well new community Capital Improvement projects identified in the City's Strategic and Visioning plan such as Canaveral City Park Multigenerational Center and Cultural Arts Preservation Enrichment Center. He noted anticipation of the homestead exemption increase that will appear on the ballot next year, long-term impacts the measure will have on City revenues, the costs of two hurricanes the City absorbed in one fiscal year and a total of$4000 received to date from the Federal Emergency Management Agency (FEMA) for Hurricane Matthew. A motion was made by Council Member Randels,seconded by Mayor Pro Tem McMillin,for adoption of Resolution No. 2017-23, with the amended changes the City Attorney brought forth publicly. The motion carried 5-0. b. Ordinance No. 14-2017; adopting the Annual General Fund,Wastewater Enterprise Fund, Stormwater Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds, Capital Project Funds and Agency Fund Budgets for the Fiscal Year beginning October 1, 2017, and ending September 30, 2018; providing for an effective date, second reading: City Attorney Garganese read the title into the record. City Manager Greene explained the item stating Staff recommends adoption on second reading. Discussion ensued and included the thirty-two percent decrease in the Budget compared to last fiscal year and the Budget is balanced. The Public Hearing was opened. Pennie Zuercher, 8657 Villanova Drive, stated she reviewed the Budget and recognized it as a good one. The Public Hearing was closed. A motion was made by Council Member Randels, seconded by Council Member Walsh, to adopt Ordinance No. 14-2017, second reading. The motion carried 5-0. REPORTS: Council Member Walsh commented she felt Hurricane Irma was worse than Hurricane Matthew, thanked Staff, Brevard County Sheriffs Office and Canaveral Fire Rescue for their work and keeping the residents safe; and she urged people to sign up for the City's NIXLE program to receive timely information. She also applauded City of Cocoa, Florida Power and Light and local businesses for their efforts in assisting the community. Council Member Brown concurred with Council Member Walsh with special thanks to first responders. Mayor Pro Tem McMillin thanked Staff for their efforts during the Storm and requested an update. City Manager Greene provided post-Storm information and activities and praised Staff for their efforts and commitment to the community. Mayor Pro Tem McMillin commented on the City's landscaping and pest control costs and expressed support going forward with xeriscaping to incorporate more native plants which saves money and helps the Lagoon. City of Cape Canaveral, Florida City Council Regular Meeting September 19, 2017 Page 5 of 5 Mayor Hoog shared stories of people and businesses helping one another related to the Storm. Commander Linda Moros reported on the Brevard County Sheriff's Office and Cape Canaveral Fire Rescue efforts before, during and after Hurricane Irma; there were no injuries, burglaries or looting during the Storm nor automobile accidents after the Storm; and she thanked the City Staff for providing stop signs to assist with traffic. Commander Moros gave additional thanks to the National Guard for providing and handing out water, Craig Technologies for use of their parking lot and the Brevard County Sheriff's Office for loading up and delivering water to those in need. ADJOURNMENT: There being no further business, the Meeting adjourned at 6:57 P.M. Mia Goforth, CMC, City Clerk Bob Hoog, Mayor . City of Cape Canaveral AL-a-4kCity Council Agenda Form %Or-- City Council Meeting Date: 10/17/2017 Item No. 3 Subject: Resolution No. 2017-17; appointing Members to the Community Appearance Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Gail Sweet and Elana Whitehead) Department: City Clerk's Office Summary: Ms. Sweet and Ms. Whitehead were interviewed at the July 19, 2017 and August 16, 2017 Community Appearance Board Meetings,respectively, to fill two (2) vacancies. The Board recommended Ms. Sweet to fill the first existing term. This term, which expires May 1,2019,has been vacant as former Board Member Joseph Mathos did not wish to be considered for reappointment in May, 2016. Due to this being a shortened term, Resolution No. 2017-17 (Attached) additionally appoints Ms. Sweet to a new term from May 1, 2019 to May 1, 2022. The Board also recommended Ms. Whitehead to fill the second existing term. This term, which expires May 1, 2018, was vacated by Mary Jo Tichich, who resigned from the Board in August, 2016. Due to the short amount of time left in this existing term, Resolution No. 2017-17 additionally appoints Ms. Whitehead to a new term from May 1, 2018 to May 1, 2021. Following completion of these appointments, appointees shall be eligible for reappointment for one additional term, consistent with the limitations set forth in section 2-171(f), City Code. It is now incumbent upon Council to appoint Members to the Community Appearance Board. At its September 19, 2017 Regular Meeting, City Council voted to postpone this item,per Staff request, until tonight's Regular Meeting. Submitting Department Director: Mia Goforth Date: 10/3/17 Attachment: Resolution No. 2017-17 Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 9/22/17 The City Manager recommends that City Council take the following action: Adopt Resolution No. 2017-17. Approved by City Manager: David L. Greene Date: 10/2/17 RESOLUTION NO. 2017-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING MEMBERS TO THE COMMUNITY APPEARANCE BOARD OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS,the City Council of the City of Cape Canaveral,Florida has by Section 22-36 established a Board known as the Community Appearance Board; and WHEREAS,it is now incumbent upon the City Council of the City of Cape Canaveral, at its discretion, to appoint Members to the Community Appearance Board. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,BREVARD COUNTY, FLORIDA,AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. Section 2. Appointment to the Community Appearance Board. Pursuant to Sections 2-171(e) and (f) of the Cape Canaveral City Code, the City Council of the City of Cape Canaveral hereby appoints the following individuals: Gail Sweet shall be appointed to the Community Appearance Board for an existing term which expires May 1, 2019; and for a term to expire on May 1, 2022. Elana Whitehead shall be appointed to the Community Appearance Board for an existing term which expires May 1, 2018; and for a term to expire on May 1, 2021. Following completion of their initial terms, these appointees shall be eligible for reappointment to the Community Appearance Board for an additional term consistent with the limitations set forth in section 2-171(f), City Code. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase,word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. [Adoption and Signature Page Follows] City of Cape Canaveral Resolution No.2017-17 Page 1 of 2 ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 17th day of October, 2017. Bob Hoog,Mayor ATTEST: Name FOR AGAINST Mike Brown Mia Goforth, CMC, Bob Hoog City Clerk Brendan McMillin Rocky Randels Betty Walsh Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No.2017-17 Page 2 of 2 City of Cape Canaveral [city seal] City Council Agenda Form City Council Meeting Date: 10/17/2017 Item No. 4 Subject: Resolution No. 2017-27; reappointing a Member to the Business and Economic Development Board of the City of Cape Canaveral;providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Mark Derman) Department: Legislative Summary: The term for Business and Economic Development Board Member Mark Derman will expire November 1, 2017. Mr. Derman expressed a desire to continue serving on the Board for an additional three-year term (Attachment 1). Mr. Derman has been serving on the Board since November 2016. Resolution No. 2017-27 (Attachment 2) reappoints him to an additional term to end November 1, 2020. Following completion of this additional term, Mr. Derman may be eligible for reappointment to the Board for an additional term,if no other qualified applicants submit applications seeking appointment, consistent with the limitations set forth in Section 2-171(f), City Code. It is now incumbent upon Council to reappoint Mr. Derman to the Business and Economic Development Board. Submitting Department Director: Mia Goforth Date: 10/3/17 Attachments: (1) Expiration Notice (2) Resolution No. 2017-27 Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 9/22/17 The City Manager recommends that City Council to take the following action: Adopt Resolution No. 2017-27. Approved by City Manager: David L. Greene Date: 10/2/17 Attachment 1 City of Cape Canaveral September 5,2017 Mark Derman 134 Ocean Garden Lane Cape Canaveral, FL 32920 Dear Mr. Derman: Your term on the Business & Economic Development Board will expire on November 1, 2017. Please check the box that indicates your desire to serve or not continue to serve on the Board for a 3- year term and return this Notice to your Board Secretary or the City Clerk's Office using the enclosed stamped, self-addressed envelope. If you choose to continue serving, a Resolution for your reappointment to the Board will appear on the City Council Meeting Agenda scheduled for October 17, 2017 (your presence at which is not required). X I DO wish to be considered for reappointment. ❑ I DO NOT wish to be considered for reappointment. (Signature) MARK DERMAN, Board Member Sincerely, Mia Goforth City Clerk Encl: SASE 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • FAX (321) 868-1248 www.cityofcapecanaveral.org • email:info@cityofcapecanaveral.org Attachment 2 RESOLUTION NO.2017-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE BUSINESS AND ECONOMIC DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Section 22-33 established a Board known as the Business and Economic Development Board; and WHEREAS,it is now incumbent upon the City Council of the City of Cape Canaveral to reappoint a Member to the Business and Economic Development Board. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,BREVARD COUNTY, FLORIDA,AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. Section 2. Reappointment to the Business and Economic Development Board. Pursuant to Section 2-171(e) of the Cape Canaveral City Code, the City Council of the City of Cape Canaveral hereby reappoints the following individual: Mark Derman shall be reappointed to the Business and Economic Development Board, to serve until November 1, 2020. Following completion of his second term, this appointee may be eligible for reappointment to the Business and Economic Development Board for an additional term,if no other qualified applicants submit applications seeking appointment, consistent with the limitations set forth in section 2-171(f), City Code. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. [Adoption and Signature Page Follows] City of Cape Canaveral Resolution No.2017-27 Page 1 of 2 ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 17th day of October, 2017. Bob Hoog,Mayor ATTEST: Name FOR AGAINST Mike Brown Mia Goforth, CMC, Bob Hoog City Clerk Brendan McMillin Rocky Randels Betty Walsh Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No.2017-27 Page 2 of 2 City of Cape Canaveral [city seal] City Council Agenda Form City Council Meeting Date: 10/17/2017 Item No. 5 Subject: Approve Interlocal Agreement with Brevard County for funding of upgrades to the West Central Boulevard Baffle Box as part of Save Our Indian River Lagoon Project Plan and authorize City Manager to execute same. Department: Public Works Services Summary:At its August 16,2016 meeting, City Council adopted an Interlocal Agreement with Brevard County Board of County Commissioners for Save Our Indian River Lagoon Project Plan (Plan). This Plan is a comprehensive, science-based approach that outlines a ten (10) year strategy to restore the Indian River Lagoon (IRL). To fund this Plan, voters of Brevard County passed a 'A cent sales tax in November 2016, which provides $340 million over a ten (10) year period to finance, plan and construct capital projects and other programs for restoration of the IRL and for the acquisition of any interest in land for public recreation, conservation or protection of natural resources. This Interlocal Agreement (Attachment) includes funding for the City's first stormwater improvement project in the Plan. Additionally, each future project funded through the Plan will require a separate Interlocal Agreement. This first project is for conversion of the West Central Boulevard Baffle Box, which treats stormwater from the largest drainage basin in the City (Canaveral Drainage Basin), to a second generation box. Work primarily includes the replacement of inside screens with updated stainless steel debris traps. Florida Department of Environmental Protection has shown second generation baffle boxes are significantly more efficient than first generation boxes. Three other baffle boxes (Central Ditch boxes) in the City were installed as second generation boxes; the remaining four baffle boxes cannot be converted to second generation boxes due to low elevations (i.e., existing boxes are always full of water). Completion of the upgrades to the West Central Boulevard Baffle Box will increase Total Maximum Daily Load (TMDL) credits from 123 pounds per year (lbs/yr) of nitrogen to 481 lbs/yr. Project Costs.A cost breakdown for the project upgrades is as follows: • Custom manufacture of stainless steel interior parts - $27,200; and • Box preparation (plugging of lines, bypass pumping, sediment removal/disposal, cleaning of box, etc.) - $14,500. All project funding for this Project will be from (1) the Plan (83%) and (2) a 319 Grant (17%), both administered by Brevard County Natural Resources Management Department. A detailed breakdown of project funding is shown on Attachment E of the Interlocal Agreement. Staff recommends City Council approve the Interlocal Agreement with Brevard County Board of County Commissioners. Submitting Department Director: Joshua Surprenant Date: 10/5/2017 Attachment: Interlocal Agreement City Council Meeting Date: 10/17/2017 Item No. 5 Page 2 of 2 Financial Impact: Funding administered by Brevard County Natural Resources Management Department. Refer to Attachment E of the Interlocal Agreement for a detailed breakdown of project funding; Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 10/5/17 The City Manager recommends that City Council to the following actions: Approve Interlocal Agreement with Brevard County for funding of upgrades to the West Central Boulevard Baffle Box as part of Save Our Indian River Lagoon Project Plan and authorize City Manager to execute same. Approved by City Manager: David L. Greene Date: 10/4/17 Attachment Interlocal Agreement SAVE OUR INDIAN RIVER LAGOON PROJECT COST-SHARE FUNDING INTERLOCAL AGREEMENT BETWEEN BREVARD COUNTY, FLORIDA AND THE CITY OF CAPE CANAVERAL, FLORIDA. AGREEMENT NUMBER: SOIRL 17-13 THIS AGREEMENT ("Agreement") is made and entered into on this day of , 2017 by and between the Brevard County, Florida, a political subdivision of the State of Florida (hereinafter "COUNTY") and the City of Cape Canaveral, Florida, a Florida municipal corporation organized and existing under the laws of the State of Florida (hereinafter "CITY"). RECITALS WHEREAS,the COUNTY saw the urgent need to implement the"Save Our Indian River Lagoon Project Plan," with the aim to restore the Indian River Lagoon through financing, planning, constructing, maintaining, and operating capital improvements and capital maintenance projects and programs designed to improve water quality,fish,wildlife and marine habitat,remove muck and reduce pollution, as permitted under Section 212.055(2)(d)1., Florida Statutes; and WHEREAS, the COUNTY has been granted authority under Section 212.055(2)(a), Florida Statutes, to levy for a period of ten (10) years from the date of levy, a discretionary infrastructure sales tax of a one half cent, pursuant to ordinance enacted by a majority of the members of the Board of County Commissioners and approved by a majority of the electors of the County voting in a referendum on the surtax; and WHEREAS, the COUNTY promulgated and passed Brevard County Ordinance no. 2016-15, ("the Ordinance") imposing a one half cent discretionary infrastructure sales tax for a period of ten (I0) years from the date of levy, for the purposes expressed above, subject to approval of said surtax by a majority vote of those qualified electors of Brevard County voting in a referendum that was held on November 8, 2016; and WHEREAS, it was contemplated that if approved in said referendum, said one half cent discretionary infrastructure sales tax shall be imposed and collected countywide, commencing on January 1,2017, and continuing thereafter for a period of ten (10) years until December 31, 2027; and WHEREAS, on November 8, 2016, a majority of those qualified electors of Brevard County voted in favor of the referendum, thereby authorizing the levying of the one half cent surtax; and WHEREAS,the COUNTY deems it in the best interest of all of the citizens and residents of Brevard County,Florida,that the proceeds of the one half cent discretionary infrastructure sales tax be used to fund projects and programs designed to restore the Indian River Lagoon in the manner set forth in the Ordinance and its incorporated Save Our Indian River Lagoon Project Plan, including operations, maintenance and reasonable administrative costs of those projects and programs; and Page 1 of 11 WHEREAS, the project identified in the Statement of Work ("the Project") has been included and approved by the County Commission as part of the Save Our Indian River Lagoon Project Plan;and WHEREAS,the COUNTY has determined that providing cost-share funding to the CITY for the purposes provided for herein will assist the COUNTY in effectively and efficiently implementing the Ordinance and its incorporated Save Our Indian River Lagoon Project Plan, as amended from time to time,and would be a proper expenditure of the monies reserved in the Save Our Indian River Lagoon Trust Fund; For value received, and in consideration of the following covenants, promises and provisions; the Parties agree as follows: Section 1. Documents. This Agreement incorporates all of the following: a. The Recitals set forth above; b. The Agreement; c. Attachment A—Statement of Work; d. Attachment B—Project Progress Report Form; e. Attachment C—Reimbursement/Invoice Form; f. Attachment D—Recipient's Certification of Payment Form; and g. Attachment E—Eligible Tax Funding Cost Share Form_ Section 2. Statement of Work. In consideration of the above recitals,and the funding assistance described below,the CITY agrees to perform and complete the activities provided for in the Statement of Work, Attachment A. CITY shall complete the Project in conformity with the contract documents and all attachments and other items incorporated by reference herein. Section 3. Term and Extensions. a. The term of this Agreement is from the date upon which the last party has dated and executed the same ("Effective Date") until September 30, 2018 ("Completion Date"). CITY shall not commence the Project until any required submittals are received and approved. Time is of the essence for every aspect of this Agreement, including any time extensions. b. Any request for an extension of time beyond the Completion Date must be made in writing no less than 45 days prior to the contracted Completion Date. Timely requests to extend for longer than six months may only be approved by the Board of County Commissioners.Requests to extend for less than six months may be approved by the County Manager or his/her designee. c. Notwithstanding specific mention that certain provisions survive termination or expiration of this Agreement, all provisions of this Agreement that by their nature extend beyond the Completion Date, for example, delivery of a final progress report, will remain in full force and effect after the Completion Date as necessary to affect performance. Section 4. Offer Limitations. Page 2 of 11 a. This Agreement constitutes an offer until authorized, signed and returned to the COUNTY by the CITY. This offer terminates sixty(60)days after receipt by the CITY;provided,however,that ' the CITY may submit a written request for extension of this time limit which may be approved by the County Manager or his/her designee. b. If the project,which is eligible for reimbursement under this Agreement,does not begin within 180 days of the Effective Date, or if the-invoice for non-construction projects is not submitted within 270 days of the Effective Date,the cost-share agreement will be subject to termination and the funds subject to reallocation. Section 5. Project Management. a. The Project Managers listed below shall be responsible for overall coordination and management of the project. Either party may change its Project Manager upon three(3)business days prior written notice to the other party. Written notice of change of address shall be provided within five (5) business days. All notices shall be in writing to the Project Managers at the addresses below and shall be sent by one of the following methods: (1) hand delivery; (2) U.S. certified mail; (3) national overnight courier; or(4) e-mail. Notices via certified mail are deemed delivered upon receipt. Notices via overnight courier are deemed delivered one (1) business day after having been deposited with the courier. Notices via e-mail are deemed delivered on the date transmitted and received. COUNTY CITY Courtney Maier Jeff Ratliff Project Manager Capital Projects Director Department of Natural Resource Management City of Cape Canaveral 2725 Judge Fran Jamieson Way, Building A 105 Polk Avenue Viera, Florida 32940 Cape Canaveral, Florida 321-633-2016 321-868-1240 Email: Courtney.Maier @brevardfl.gov E-mail: J.Ratliff@cityofcapccanaveral.org b. The COUNTY'S Project Manager shall have sole responsibility for transmitting instructions, receiving information, and communicating the COUNTY'S policies and decisions regarding all matters pertinent to performance of the project. The COUNTY'S Project Manager may authorize minor changes in the project that the parties agree are not inconsistent with the purpose of the project, do not affect the COUNTY'S cost-share funding amount,the project's nutrient reduction benefits, Completion Date, or otherwise significantly modify the terms of the Agreement. c. Should additional funding be acquired from sources other than the Indian River Lagoon Surtax, the County and City Managers arc authorized to sign amendments to this Agreement only if such additional funding: (1) reduces the lagoon tax funding amount; and/or (2) reduces the CITY's cost-share amount. Section 6. Deliverables. a. The CITY shall fully implement the project, as described in the Statement of Work, Attachment A. The CITY is responsible for the professional quality, technical accuracy, and timely completion of the project.Both workmanship and materials shall be of good quality. Unless Page 3 of 11 otherwise specifically provided for herein,the CITY shall provide and pay for all materials,labor, and other facilities and equipment necessary to complete the project. b. The COUNTY'S Project Manager shall make a final acceptance inspection of the project when completed and finished in all respects.Upon satisfactory completion of the project,the CITY will provide the COUNTY a written statement indicating that the project has been completed in accordance with this Agreement. Acceptance of the final payment by the CITY shall constitute a release in full of all claims against the COUNTY arising from or by reason of this Agreement. c. Unless otherwise provided herein,the COUNTY does not assert an ownership interest in any of the deliverables under this Agreement. Section 7. Progress Reports and Performance Monitoring a. The CITY shall provide to the COUNTY project update/status reports as provided in the Statement of Work, Attachment A. Reports will provide detail on progress of the project and outline any potential issues affecting completion or the overall schedule. b. The CITY shall use the COUNTY'S Project Progress Report Form, Attachment B. CITY shall submit the Project Progress Reports to the COUNTY'S Project Manager within thirty (30) days after the closing date of each calendar quarter (March 31, June 30, September 30 and December 31), c. For as long as the project is operational, the COUNTY shall have the right to inspect the operation of the project during normal business hours upon reasonable prior notice. The CITY shall make available to the COUNTY any available data that is requested pertaining to the performance of the project. Section S. Amount of Funding. a. For satisfactory completion of the project, the COUNTY shall pay the CITY its"Eligible Tax Funding Cost Share" as stated in Eligible Tax Funding Cost Share Form, Attachment E. This amount is not to exceed the maximum amount of cost-share that was recommended by the Citizen Oversight Committee and approved by the County Commission unless additional matching funds for the project are secured by the COUNTY from external revenue sources and approved for allocation to this project by the County Commission or their duly authorized representative. b. The COUNTY cost-share amount is not subject to modification based upon price escalation in implementing the project during the term of this Agreement. The CITY shall be responsible for payment of all additional costs necessary to ensure completion of the project. c. During Contract negotiations, the CITY must submit the adopted budget for the project, the amount of all secured grants for the project, and an estimate of project costs as defined below in section e. The Eligible Tax Funding Cost Share shall be reduced as necessary to not exceed the balance of Project Costs minus external matching funds for the project. d. The CITY shall notify the COUNTY'S Project Manager in writing upon receipt of any additional external funding for the project not disclosed prior to execution of this Agreement. The Page 4 of 11 Eligible Tax Funding Cost Share shall be reduced as necessary to not exceed the balance of Project Costs minus external matching funds for the project. e. "Project cost" is defined to include actual costs of constructing project facilities, including construction, construction management, construction QA/QC testing, land acquisition, engineering, design, permitting, permit fees, impact fees, and any other project-specific costs authorized under the Statement of Work,Attachment A. Project cost does not include any costs incurred prior to the Effective Date,unless expressly authorized by the Statement of Work,nor any costs not included in the contracted Statement of Work. f. Funding shall not be provided for expenses incurred after the Completion Date. g. The CITY is responsible for owning, operating and maintain the project for the typical operating life of the project. Section 9. Payment of Invoices, a. The CITY shall submit itemized invoices as per the Statement of Work,Attachment A on a quarterly basis for reimbursable expenses by one of the following two methods: (1)By mail to the Brevard County Department of Natural Resource Management,Courtney Maier,Project Manager, 2725 Judge Fran Jamieson Way, Building A, Viera, Florida 32940; or (2) By e-mail to courtney.maier@brevardfl.gov. If an option is not selected in this paragraph,the default invoicing basis will be quarterly. b. All invoices shall be submitted using ReimbursementlInvoice Form, Attachment C, and include the following information: (1) the COUNTY'S contract number; (2) the CITY'S name, address, and authorization to directly deposit payment into the CITY'S account; (3) the CITY'S invoice number and date of invoice; (4)the COUNTY'S Project Manager;(5)the CITY'S Project Manager; (6) supporting documentation as to cost and/or project completion (as per the cost schedule and other requirements of the Statement of Work, Attachment A); and (7) Project Progress Report Form,Attachment B. Invoices that do not correspond with this paragraph shall be returned without action within twenty (20) business days of receipt, stating the basis for rejection. c. Incremental payments shall be calculated as the fraction of Eligible Tax Funding Cost Share listed in Eligible Tax Funding Cost Share Form, Attachment E (after adjustments per Section 8c. and/or d.)divided by Project Cost multiplied by the amount of the City's Project Cost incurred during the respective incremental billing period. Payments shall be made within forty-five (45) days of receipt of an approved invoice. d. The invoices shall be submitted in detail sufficient for proper pre-audit and post-audit review. Invoices shall include a copy of contractor and supplier invoices to the CITY and proof of payment. If necessary for audit purposes, the CITY shall provide additional supporting information as required to document invoices. e. CITY shall be reimbursed for the actual cost of the project, or the contracted amount, whichever is less. The COUNTY shall not withhold any retainage from this reimbursement. Page 5 of 11 COUNTY reimbursement is subject to annual budgetary limitation, if applicable. fThe COUNTY'S fiscal year ends on September 30. The COUNTY is required to account for all encumbered funds at that time. Submittal of an invoice as of September 30 satisfies this requirement. Regardless of whether the CITY chooses monthly, quarterly, or annual invoices, if any expenses occur between a previous invoice and September 30th, the CITY shall submit a description of the work completed on the Project through September 30th and a corresponding invoice for that cost-share eligible amount achieved during that time interval. Section 10. Final Invoice. a. The final invoice must be submitted no later than forty-five (45) days after the City's final payment to its vendors for the project or October 30th if the City's final payment is made between September 15th and 30t. b. Final Invoices that are submitted after the requisite date shall be subject to a penalty of ten percent(10%) of the invoice. This penalty may be waived by the COUNTY, in its sole judgment and discretion, upon a showing of special circumstances that prevent the timely submittal of the final invoice.The CITY must request approval for delayed submittal of the final invoice not later than ten(10)days prior to the due date and state the basis for the delay. Section 11. Travel Expenses. If the cost schedule for this Agreement includes a line item for travel expenses, travel expenses shall be drawn from the project budget. Travel expenses are otherwise not compensable. If travel expenses are not included in the cost schedule,they are a cost of providing the service that is borne by the CITY. Section 12. Payments Withheld. The COUNTY may withhold or, on account of subsequently discovered evidence, nullify, in whole or in part, any payment to such an extent as may be necessary to protect the COUNTY from loss as a result of: (1)defective work not remedied; (2)failure to maintain adequate progress in the project; (3) any other material breach of this Agreement. Amounts withheld shall not be considered due and shall not be paid until the ground(s) for withholding payment have been remedied. Section 13. Multi-Year Agreements. a. For multi-fiscal year agreements,the COUNTY must budget the amount of funds that will be expended during each fiscal year as accurately as possible. Funds contracted for reimbursement beyond the COUNTY'S current fiscal year will be budgeted in subsequent fiscal years per the schedule specified in the project agreement, as amended. The Statement of Work, Attachment A,includes the parties'current schedule for completion of the work and projection of expenditures on a fiscal year basis (October 1 —September 30) ("Estimated Reimbursement Schedule"). b. If the CITY anticipates that expenditures will exceed the budgeted amount during any fiscal year, the CITY shall promptly notify the COUNTY'S Project Manager and provide a proposed revised work schedule and Annual Spending Plan that provides for completion of the work without increasing the Total Compensation. The last date for the COUNTY to receive this request is Page 6 of 11 August 1 of the then-current fiscal year. Funds allocated in the current fiscal year that are not reimbursed in the current fiscal year due to slippage in the project delivery schedule will be requested by COUNTY staff to roll forward to the next fiscal year as a Budget Amendment — (Regular), per BCC-21. c. The COUNTY may in its sole discretion prepare a Budget Change Request incorporating the revised work schedule and Estimated Reimbursement Schedule as appropriate for changes in the project schedule. Section 14. Liability and Insurance. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party, its officers, employees and agents. The CITY accepts all risks arising from construction or operation of the project. Nothing contained herein shall be construed or interpreted as denying to any party any remedy or defense available under the laws of the state of Florida, nor as a waiver of sovereign immunity of the state of Florida beyond the waiver provided for in section 768.28, Fla. Stat., as amended. Each party shall acquire and maintain throughout the term of this Agreement such liability, workers' compensation, and automobile insurance as required by their current rules and regulations. Section 15. Funding Contingency. a. This Agreement is at all times contingent upon funding availability, which may include a single source or multiple sources, including, but not limited to: (I) the Save Our Indian River Lagoon 1/2 cent surtax; (2) annual appropriations by the Florida Legislature, or(3) appropriations from other agencies or funding sources. Agreements that extend for a period of more than one Fiscal Year are subject to annual appropriation of funds in the sole discretion and judgment of the COUNTY for each succeeding Fiscal Year. Should the project not be funded, in whole or in part, in the current Fiscal Year or succeeding Fiscal Years,the COUNTY shall so notify the CITY and this Agreement shall be deemed terminated for convenience five (5) days after receipt of such notice, or within such additional time as the COUNTY may allow. For the purpose of this Agreement, "Fiscal Year" is defined as the period beginning on October 1 and ending on September 30. b. The CITY agrees that any and all City funds budgeted (in the adopted or amended budget) for this project that are saved by the CITY by virtue of reimbursement or allocation received pursuant to this cost-share agreement, shall be reallocated and expended by the CITY solely to other City, County or third party project(s) benefiting the restoration of the Indian River Lagoon within five (5) years of the Effective Date of this Agreement. Should the CITY choose to not expend such funds in the manner described above, the CITY shall transfer those funds to the COUNTY for deposit to the Save Our Indian River Lagoon Trust Fund. The CITY'S obligation under this paragraph shall survive the termination of this agreement. Section 16. Failure to Complete Project. a. Should the CITY fail to complete the project,the CITY shall refund to the COUNTY all of the funds provided to the CITY pursuant to this Agreement. b. With a recommendation from its Citizen Oversight Committee, the COUNTY, in its sole Page 7 of 11 judgment and discretion, may determine that the CITY has failed to complete the project due to circumstances that are beyond the CITY'S control, due to termination of this agreement for reasons of funding availability, or due to a good faith determination that the project is no longer environmentally or economically feasible. In such event, the COUNTY may excuse the CITY from the obligation to return funds provided hereunder. c. If the project has not been completed within thirty (30) days after the Completion Date, the CITY shall provide the COUNTY with notice regarding its intention as to completion of the project.The parties shall discuss the status of the project and may mutually agree to revise the time for project completion or the scope of the project. Failure to complete the Project within ninety (90) days after the Completion Date shall be deemed to constitute failure to complete the project for the purposes of this provision. d. In the event the Project constitutes a portion of the total functional project,this paragraph shall apply in the event the total functional project is not completed.In such event,the 90-day timeframe provided herein shall commence upon the date scheduled for completion of the total functional project at the time of execution of this Agreement, unless extended by mutual agreement of the parties. Paragraphs 17(a) and 17(b) shall survive the termination or expiration of this Agreement. e. Force Majeure. The failure to carry out any terms of this Agreement due to any one of the following circumstances beyond the control of the CITY: (a) the operation and effect of rules, regulations, or orders promulgated by any commission, county, or governmental agency of the state of Florida or the United States, (b) a restraining order, injunction, or similar decree of any court of competent jurisdiction,(c)war,(d)flood, (e)earthquake, (f)fire,(g) severe wind storm or hurricane, (h) acts of public disturbance, (i)quarantine restrictions, (j) epidemic, (k) strikes, or(1) sabotage. The CITY shall not be subject to any liability for failure to carry out any of the terms of this Agreement to the extent that such failure shall be due to a Force Majeure event as defined herein. In such event, the CITY shall be excused from the obligation to return funds provided herein. Section 17. Termination. a. If the CITY materially fails to fulfill its obligations under this Agreement, including any specific milestones established herein, the COUNTY may provide the CITY written notice of the deficiency by forwarding a "Notice to Cure," citing the specific nature of the breach. The CITY shall have thirty (30) days following receipt of the notice to cure the breach. If the CITY fails to cure the breach within the thirty (30) day period, the COUNTY shall issue a "Termination for Default Notice" terminating this Agreement without further notice. In such event, the CITY shall refund to the COUNTY all funds provided to the CITY pursuant to this Agreement within thirty (30) days of such termination. The COUNTY may also terminate this Agreement upon ten (10) days written notice in the event of any material misrepresentations in the Project Proposal. b. Delay or failure by the COUNTY to enforce any right,remedy or deadline hereunder shall not impair, or be deemed a waiver of, any such right, remedy or deadline, or impair the COUNTY'S rights or remedies for any subsequent breach or continued breach of this Agreement. ADDITIONAL PROVISIONS Page 8 of 11 Section 18. Assignment. The CITY shall not assign this Agreement,or any monies due hereunder,without the COUNTY'S prior written consent. The CITY is solely responsible for fulfilling all work elements in any contracts awarded by the CITY and payment of all monies due. No provision of this Agreement shall create a contractual relationship between the COUNTY and any of the CITY'S contractors or subcontractors. Section 19. Audit; Access to Records; Repayment of Funds. a. Maintenance of Records. The CITY shall maintain its books and records such that receipt and expenditure of the funds provided hereunder are shown separately from other expenditures in a format that can be easily reviewed. The CITY shall keep the records of receipts and expenditures, copies of all reports submitted to the COUNTY, and copies of all invoices and supporting documentation for at least five(5) years after expiration of this Agreement. In addition,the CITY shall maintain records to demonstrate satisfaction of its obligation under subparagraph 1513.above. b. Review and Auditing. In accordance with generally accepted governmental auditing standards, the COUNTY shall have access to and the right to examine any directly pertinent books and other records involving transactions related to this Agreement. In the event of an audit,the CITY shall maintain all required records until the audit is completed and all questions are resolved. The CITY will provide proper facilities for access to and inspection of all required records. c. Repayment of Funds. COUNTY funding shall be subject to repayment after expiration of this Agreement if,upon audit examination, the COUNTY finds any of the following: (1)the CITY has spent funds for purposes other than as provided for herein; (2) the CITY has failed to perform a continuing obligation of this Agreement; (3) the CITY has received duplicate funds from the COUNTY or other external funding entity for the same purpose; (4) the CITY has been advanced or paid unobligated funds; (5) the CITY has been paid funds in excess of the amount the CITY is entitled to receive under the Agreement; and/or (6) the CITY has received contributions amounting to more than one hundred percent(100%)of the project cost through cumulative public agency cost-share funding. Section 20. Dispute Resolution. The CITY is under a duty to seek clarification and resolution of any issue, discrepancy,or dispute involving performance of this Agreement by submitting a written statement to the COUNTY's Project Manager no later than ten (10) business days after the precipitating event. If not resolved by the Project Manager, the Project Manager shall forward the request to the County Attorney's Office, which shall issue a written decision within ten (10) business days of receipt. This determination shall constitute final action of the COUNTY and shall then be subject to judicial review upon completion of the project. Section 21. Governing Law,Venue, Attorney's Fees,Waiver of Right to Jury Trial. This Agreement shall be construed according to the laws of Florida and shall not be construed more strictly against one party than against the other because it may have been drafted by one of the parties. As used herein, "shall" is always mandatory. In the event of any legal proceedings arising from or related to this Agreement: (1) Venue for any state or federal legal proceedings shall Page 9 of 11 be in Brevard County; (2) Each party shall bear its own attorney's fees, including appeals; (3) For civil proceedings, the parties hereby consent to trial by the court and waive the right to jury trial. Section 22. Permits. The CITY shall comply with all applicable federal, state, and local laws and regulations in implementing the project and shall include this requirement in all subcontracts pertaining to the project. The CITY shall obtain any and all governmental permits necessary to implement the project_ Any activity not properly permitted prior to implementation or completed without proper permits does not comply with this Agreement and shall not be approved for cost-share funding. Section 23. independent Contractors. The parties to this Agreement, their employees and agents, are independent contractors and not employees or agents of each other. Nothing in this Agreement shall be interpreted to establish any relationship other than that of independent contractors during and after the term of this Agreement. The CITY is not a contractor of the COUNTY. The COUNTY is providing cost-share funding as a cooperating governmental entity to assist the CITY in accomplishing the project. The CITY is solely responsible for accomplishing the project and directs the means and methods by which the project is accomplished. The CITY is solely responsible for compliance with all labor,health care, and tax laws pertaining to the CITY,its officers, agents, and employees. Section 24. Scrutinized Companies. The CITY is responsible for complying with the prohibition against contracting with "scrutinized companies" found in Section 287.135, Florida Statutes,when hiring its contractors for the project. The CITY agrees to indemnify the COUNTY for any and all actions or penalties that may arise should the CITY improperly contract with a"scrutinized company." Section 25. Local Preference Limitations. The CITY is responsible for ensuring that "local preference" is only utilized in the hiring of contractors when legally permitted. If the source of funds for this cost-share in any way restricts the use of"local preference,"the COUNTY has the responsibility to put the CITY on notice. If put on notice,the CITY agrees to indemnify the COUNTY for any and all actions or penalties that may arise from the unpermitted use of"local preference." Section 26. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor Iist following a conviction for a public entity crime may not submit a bid,proposal,or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a 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 for CATEGORY TWO(S35,000) for a period of 36 months following the date of being placed on the convicted vendor list. Section 27. Public Records. Records of the CITY that are made or received in the course of performance of the project may be Page 10 of11 public records that are subject to the requirements of Chapter 119, Florida Statutes. If the CITY receives a public records request, the CITY shall promptly notify the COUNTY'S Project Manager. Each party reserves the right to cancel this Agreement for refusal by the other party to allow public access to all documents, papers, letters, or other materials related hereto and subject to the provisions of Chapter 119, Florida Statutes,as amended. Section 28. Royalties and Patents. The CITY certifies that the project does not,to the best of its information and belief,infringe on any patent rights.The CITY shall pay all royalties and patent and license fees necessary for performance of the project and shall defend all suits or claims for infringement of any patent rights and save and bold the COUNTY harmless from loss to the extent allowed by Florida law. IN WITNESS WHEREOF, the COUNTY has caused this Agreement to be executed on the day and year written below in its name by its duly authorized representative,and CITY has caused this Agreement to be executed on the day and year written below in its name by its duly authorized representatives. This Agreement may be executed in separate counterparts, which shall not affect its validity. Upon execution, this Agreement constitutes the entire agreement of the parties, notwithstanding any stipulations,representations, agreements, or promises, oral or otherwise, not printed or inserted herein. This Agreement cannot be changed by any means other than written amendments referencing this Agreement and signed by all parties. Brevard County,Florida Cape Canaveral, Florida Signed: Signed: Typed Name: Curt Smith Typed Name: Title: Chairman Title: Date: May 23,2017 Date: As approved by the Board on May 23, 2017 Attest: [illegible] Attest: Typed Name: Typed Name: Title: Title: Date: Date: Reviewed for legal form and content: [illegible] Assistant County Attorney Page 11 of 11 ATTACHMENT A STATEMENT OF WORK PROJECT TITLE: Central Boulevard Baffle Box Upgrade. PROJECT LOCATION: The Project is located on the southern side of West Central Boulevard in the City of Cape Canaveral (City), Brevard County,Florida (see attached map). This existing first generation baffle box is located adjacent to the Central Ditch (stormwater ditch) and treats stormwater from the largest drainage basin(Canaveral)in the City.This project includes the upgrade of one baffle box located at Lat/Lon: 28.396127/80.608021. PROJECT BACKGROUND: In February 2013, the Florida Department of Environmental Protection adopted a Basin Management Action Plan (BM AP) for implementation of the Total Maximum Daily Loads (TMDLs) for the Banana River Lagoon (BRL) requiring nutrient load reductions of nitrogen and phosphorus in stormwater.The City has already exceeded its Cycle I required nutrient load reductions and is close to exceeding its Cycle II required nutrient load reductions. Therefore, this project is (1)part of a long-term strategy to reach and exceed the Cycle II(and Cycle III) nutrient load reduction goals and (2) designed to upgrade the largest baffle box in the City thereby providing a significant water quality benefit to the BRL. PROJECT DESCRIPTION: The project includes the upgrade of the interior portion (screens, baffles, etc.) of the existing first generation baffle box. Suntree Technologies, Inc. (Suntree) installed the existing Central Boulevard baffle box in the mid-2000s and will be performing the conversion to a second generation baffle box. Therefore, engineering costs are negligible as well as permitting costs with the City. One of the City's approved contractors, Atlantic Development of Cocoa(Atlantic),will perform the initial tasks of preparing the baffle box including the plugging of storrnwater lines, removal of all sediment from the baffle box, etc. Suntree will then install the upgraded hardware into the existing concrete box. Atlantic will restore the site vicinity to its current condition. TASKS and DELIVERABLES: Task #1: Design and Permitting Task Description: Suntree is providing engineering services for this project; costs are negligible since the existing first generation baffle box was installed by Suntree. The City will not require a fee for the construction permit. Task #2 Construction of Project Task Description: Suntree will install one, second generation baffle box fitted with nutrient reducing filtration media and any other incidental work necessary to complete the project in accordance with the final design and required permits. The City will be providing the engineering oversight during construction. Task Task Title Task Start Date Task End Date 1 Design of Project (Baffle 09/15/17 02/16/18 Box Production) 2 Construction of Project 02/19/18 04/20/18 Project's Schedule Without Trust Funds: This project is not included in the City's FY2017-2018 budget. Therefore, without SOIRL funding, the project would be considered for inclusion in the FY2018-2019 budget. However, other stormwater improvement projects may take funding priority during the budgeting process. ATTACHMENT B SAVE OUR INDIAN RIVER LAGOON PROJECT PROGRESS REPORT FORM Date: Report Number: Project information Project Name: Recipient Name: Contract Number: County Project Manager Email: Nitrogen Reduction Benefit(lbs/yr) County Project Manager Phone: Phosphorus Reduction Benefit(lbs/yr) Recipient's Email: TSS Reduction Benefit(lbs/yr) Recipient's Phone: Construction Schedule Reporting Period Start Date(mm/dd/yy): Beginning Date(mm/dd/yy): Completion(mm/dd/yy): Ending Date(mm/dd/yy): Budget Total Budget: Expended This Period: Expended To-date: Percent Budget Expended: Contract Amount: Percent Cost Share: Estimated Reimbursement Schedule Fiscal Year 1 Fiscal Year 2 Anticipated Reimbursement It Anticipated Amount Anticipated Date Reimbursement It Amount Anticipated Date 1 1 2 2 3 3 4 4 Project Status Tasks/Milestones/Deliverables Scheduled for this Reporting Period or Within the Next 90 days: Task Number Tasics/Milestones/Deliverables Start Date Finish Complet Date 1 Permitting 2 Engineering 3 Construction Problems,issues,Solutions,Anticipated deviations from schedule: Attach an additional page of notes if necessary to explain reasons for lateness or unusual events or circumstances. Detail Sheet Save Our Indian River Lagoon Cost-Share Program Invoice for Reimbursement RECIPIENTS NAME: RECIPIENTS EMAIL: PROJECT NAME: AGREEMENT NO.: PERFORMANCE PERIOD: :OM: To: PAYMENT REQUEST NO.: DATE OF REQUEST: COUNTY'S PROJECT MANAGER: PROJECT COST: LAGOON TAX COST SHARE PERCENTAGE: CONTRACTED LAGOON TAX COST SHARE AMOUNT: CURRENT REIMBUREMENT AMOUNT REQUESTED: INVOICES INVOICES INCLUDED PREVIOUS CURRENT ITEM DESCRIPTION OF SERVICES/ CHECK CHECK INVOICE PREVIOUSLY IN THIS REIMBURSEMENT REIMBURSEMENT NO. VENDOR CATEGORY OF EXPENDITURE DATE NUMBER NUMBER PAID REQUEST AMOUNT AMOUNT 1 2 3 4 6 7 8 9 10 11 12 TOTALS: $ - $ Recipient's Certification of Payment Request (Print name of Recipient's Grant Manager designated in the Agreement) on behalf of ,do hereby certify for (Print name of Recipient) SOIRL Agreement No. and Payment Request No. that: X The disbursement amount requested is for allowable costs for the project described in Attachment A of the Agreement. X All costs included in the amount requested have been satisfactorily purchased, performed, received, and applied toward completing the project; such costs are documented by invoices or other appropriate documentation as required in the Agreement. X The Recipient has paid such costs under the terms and provisions of contracts relating directly to the project;and the Recipient is not in default of any terms or provisions of the contracts. Check all that apply: ❑ All permits and approvals required for the construction,which is underway,have been obtained. ❑ Construction up to the point of this disbursement is in compliance with the construction plans and permits. ❑ The Recipient's Grant Manager relied on certifications from the following professionals that provided services for this project during the time period covered by this Certification of Payment Request,and such certifications are included: Professional Service Provider(Name/License No.) Period of Service(mm/dd/yy—mm/dd/yy) Recipient's Grant Manager's Signature Recipient's Fiscal Agent Print Name Print Name Telephone Number Telephone Number ATTACHMENT E Recipient Name: City of Cape Canaveral Project Name: Central Boulevard Baffle Box Agreement Number: NF025 Estimated Project Cost-Share Table Task Grant 3 Eligible Lagoon Tax Cost Number Task Description Task Cost Grant 1 (319) Grant 2 (FDEP) (SJRWMD) Share, Adjusted Local Match 1 Permitting $0.00 $0.00 2 Engineering $0.00 $0.00 3 Construction $ 41,700.00 $ 7,000.00 $ 34,700.00 $0.00 4 Monitoring $0.00 _ $0.00 Total $ 41,700.00 $7,000.00 $ 34,700.00 $0.00 Funding Eligibility Calculation Project Type BMP Type (If stormwater) SW Trad BMP Pounds of Nitrogen Reduction 481 Eligible Cost Share per Pound $ 72.14 Eligible Tax Funding Cost Share $ 34,700.00 Reduction so Sum of Grants does not exceed Project Cost - Eligible Lagoon Tax Cost Share, Adjusted $ 34,700.00 Percent Cost Share to be contributed by the Lagoon Tax 83% City of Cape Canaveral [city seal] City Council Agenda Form City Council Meeting Date: 10/17/2017 Item No. 6 Subject: Approve Second Amendment to existing Interlocal Agreement for Stormwater Education and Outreach with Brevard County including the City's annual contribution of $3,507.70 and authorize City Manager to execute same. Department: Public Works Services Summary: In 2011,Good Education Solutions,Inc.created the LIVE BLUE(now BLUE LIFE) program to provide a consistent image, message and branding for Stormwater education, outreach and marketing while meeting government mandated National Pollutant Discharge Elimination System (NPDES)/Basin Management Action Program (BMAP) education and outreach requirements. The Program was introduced to Brevard County and its municipalities for meeting these state/federal mandates. The program's intent is to meet NPDES/BMAP education and outreach requirements of each participating jurisdiction through implementing a consistent message to the community concerning impacts of stormwater pollution and highlighting lifestyles and personal behaviors that reduce the communities' contribution to stormwater pollution. Brevard County Natural Resources Management Department and municipalities within Brevard County partnered in this cooperative effort via a consortium to allow for the pooling of funds resulting in a greater impact per dollar spent. This cooperative effort allows for a consistent message and branding throughout the region. It is the intent of the consortium to also partner with non-profit organizations such as Brevard Zoo, capable of enhancing the education, outreach and marketing program of BLUE LIFE by providing visibility, guidance, cost saving avenues, volunteer base and additional promotion methodologies to reach a greater number of people more efficiently and for maximum impact. The BLUE LIFE web page (Attachment#1)provides additional details of services. The City has contributed to the BLUE LIFE program since FY2012-2013. Some of BLUE LIFE's outreach includes newspaper articles/ads, billboard ads, radio/TV messages, etc. Locally, BLUE LIFE Staff conduct meetings with students from Cape View Elementary and attend City events such as Founder's Day, Friday Fest, etc. Participation in the BLUE LIFE program allows the City to maintain a 4% education credit in the Total Maximum Daily Load (TMDL)program. Staff recommends City Council approve the Second Amendment to the existing Interlocal Agreement (Attachment#2) with Brevard County Board of County Commissioners. Submitting Department Director: Joshua Surprenant Date: 10/5/17 Attachments: #1 —BLUE LIFE Web Page #2—Second Amendment to Existing Interlocal Agreement Financial Impact: $3,507.70 for the City's annual contribution to the Stormwater Education and Outreach with Brevard County funded by the Stormwater Enterprise Fund; Staff time and effort to complete this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 10/2/17 City Council Meeting Date: 10/17/2017 Item No. 6 Page 2 of 2 The City Manager recommends that City Council take the following actions: Approve Second Amendment to existing Interlocal Agreement for Stormwater Education and Outreach with Brevard County including the City's annual contribution of $3,507.70 and authorize City Manager to execute same. Approved by City Manager: David L. Greene D Date: 10/2/17 Attachment #1 BLUE LIFE Web Page [picture of a webpage that has part of the bottom cropped off] BREVARD kl Home Admission I Membership I Support digr if HelpLagoonOur Adopt a BLUE Lifestyle Today! CONS ATI ON BLUE LIFE FLORIDA • DONATE NOW! QUARTERS FOR CONSERVATION SEA TURTLE HEALING CENTER B L U ET)L I F E CONSERVATION PROGRAMS F LORID A BLUE LIFE OUR WATERS OUR FUTURE SUSTAINABILITY SUPPORT REMEMBER to COMMIT to the SUMMER FERTILIZER BAN. RESTORE OUR SHORES No phosphorus or nrrogen fertilizers June 1-Sent.30.Find cmmance I-format:or HERE. CONSERVATION REPORT DO YOU live the BLUE LIFE? we all play a vital part in helping to restore and protect the Indian River Lagoon and all precious bodies of water in and rl around our community.Live the BLUE LIFE today to be personal stewards engaged in protecting our waters for the future. The BLUE LIFE program Is designed to inform individuals about practices that damage the Indian River lagoon URLI,to - promote pollutant load reduction and to provide more environmentally safe choices to reduce our footprint,improving water quality for all. 1101UN(1(D Living the BLUE LlfEstyle is easy,effective and often less expensive.Catch the wave and Take the BLUE LOB PLEDGE Today! [wpsve object-'youtube"type-playlisr id-"PLO72BjPRbTmnHk26bQx7HnKOwOub01H3g'loop-1•controls-"1•fs-"2' malt template="thumb_slider thumb tole-'141 Volunteers are aiway, needed and appreciated. Do a little ora lot-every bit • FERTILIZERS&PESTICIDES helps'contact us to find out how yoe car become a>a'unteer and a PROPER LAWN&GARDEN MAINTENANCE ad.ra:a:-e Sr_ =__ _ o ALWAYS PICK UP AFTER YOUR PET WASH&MAINTAIN YOUR CAR corm educatiioo so a3. n progrars.-__:____ o REFUSE,REDUCE,RECYCLE&REUSE events,participate ir markings and clean up=_SE' __ U LITTER hours are recordable. For Your Classroom 4. 471. • The BLUE LIFE Organization is available to assist you in any way we can.We are in your community and here to help.We are available to attend special events,home owner association meetings,civic organizations,school functions,environmental fairs and more.For questiors,comments or bookings don't hesitate to contact us. -s!', 321-345-6BLU(258) a LISA@BLUELIFEFL.ORG Check out the Rain Barrel Song! BLUE LIFE do Brevard Zoo 8225 North Wickham Road,Melbourne,FL 323.0 We would like to thank the following companies for their help and support. % 9°`' LftV V I I [picture of a webpage] B L U E L` LIFE CONSERVATION PROGRAMS FLORIDA BLUE LIFE OUR WATERS OUR FUTURE SUSTAINABILITY SUPPORT REMEMBER to COMMIT to the SUMMER FERTILIZER BAN. RESTORE OUR SHORES ._Lrosphorusornitrogen fert!lizersJune1-Sept.30.Find ordinance information HERE. CONSERVATION REPORT DO YOU live the BLUE LIFE? We all play a vital part in helping to restore and protect the Indian River Lagoon and all precious bodies of water in and around our community.Live the BLUE LIFE today to be personal stewards engaged in protecting our waters for the future. The BLUE LIFE program is designed to inform individuals about practices that damage the Indian River lagoon(ITU,to promote pollutant load reduction and to provide more environmentally safe choices to reduce our footprint,improving 'r water quality for all. , Living the BLUE LIFEstyle is easy.effective and often less expensive.Catch the wave and Take the BLUE LIFE HEDGE Today! VOLUME!! 4 [wpsve object-oumbe"type-playlist"!d--PL072BjPRbTmnHk26bQx7HnKDwOubolhl3g'bop-t•controls-ifs-"I' ii010 Fme template-thumb slider thumb title-"t] Volunteers au, needed and appreciated. Do a little or a lot-every bit 0 FERTILIZERS&PESTICIDES re o_cont.,ct s:o._,o_:^ow F PROPER LAWN&GARDEN MAINTENANCE ad--ata 7a=--_-= 0 F ALWAYS PICK UP AFTER YOUR PET As a BLUE LIFE volunteer In your F WASH&MAINTAIN YOUR CAR community,you can help conduct p education programs,hostspecial F REFUSE,REDUCE,RECYCLE&REUSE events,participate In storm drain markings and clean ups.Service a LITTER hours are recordable. For Your Classroom ^e The BLUE LIFE Organization is available to assist you in any way we can.We are in your community and here to help We e 4: are availahle to attend special events,home owner association meetings,civic organizations,school functions.environmental fairs and more.Fa'y,esnors.comments Cr bookmgs dart hesitate to contact us \` y 321-345-6BLU(258) L `} s LISA@BLUELIFEFL.ORG Check out the Rain Barrel Song! BLUE LIFE c/o Brevard Zoo 8225 North Wickham Road,Melbourne,FL 32940 We would like to thank the following companies for their help and support. .r'JiP V 1114.....); N.„ BLUEOLIF O FLORIDAT43DAY ujak> , 7 0 FLORIDA BREVARDZAO ' OUR WATERS OUR FUTURE *0 Projects in Your Area BLUE LIFE thanks the following communities for their involvement&support. ‘___7:.-,7 ,,,,. O ,0:,! °:,,,:!..,. 0tiewo, - re SON/ FEATURED PARTNERS ABOUT US CONTACT US GET DIRECTIONS tp.Uy • Ill V1AAV. e Wuestmcas.eFaff wilily' CAREERS s1;5L111aaIutLt .`Il VOLUNTEER nscuu.tent MEDIA FAQS g RE Nor V:c.ki mRoad TcCv CiTFr rv -}'i. ' u -rrma aanao ASSOCIATION BREVARD Z(X) ®zol> era zoo.aI wgne Rese•ea I........T...., OF ZOOS 10.. AOUARIUMSOL Attachment #2 Second Amendment to Existing Interlocal Agreement SECOND AMENDMENT TO EXISTING INTERLOCAL AGREEMENT FOR STORMWATER EDUCATION AND OUTREACH THIS AMENDMENT is made and entered into this day of 2017, by and between, the BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA (hereinafter referred to as "County") and the CITY OF CAPE CANAVERAL ("Cape Canaveral"), the CITY OF COCOA ("Cocoa"), the CITY OF COCOA BEACH ("Cocoa Beach"), the TOWN OF GRANT-VALKARIA ("Grant- Valkaria"), the CITY OF INDIAN HARBOUR BEACH ('Indian Harbour Beach"), the TOWN OF MALABAR ("Malabar"), the CITY OF MELBOURNE ("Melbourne"), the CITY OF SATELLITE BEACH ("Satellite Beach"), and the CITY OF WEST MELBOURNE ("West Melbourne") (collectively the "Municipalities"). WITNESSETH: WHEREAS, the parties hereto previously entered into Agreement on November 1st, 2011 for stormwater education and public outreach and amended the Agreement on December 11, 2012; and WHEREAS, the Town of Indialantic no longer participates in this Agreement; and WHEREAS, the parties hereto desire to amend the terms of said Agreement: Section 5. Allocation of Costs, Section 6. Timetable of Payment, Section 8. Administration of the Education Contract, Section 9. Contract and Exhibit A. NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained, the parties hereby agree, as follows: 1. Section 5. ALLOCATION OF COSTS. a, Program Costs is deleted and replaced with: The cost for the Education Program will be paid in full by the County. The Municipalities agree to reimburse the County in accordance with the funding requirement set forth in the Education Program (the "Contribution") and subject to paragraph 7 below. See Amended Exhibit A, Section V. Funding. The annual Contribution for each Municipality was calculated using a charge of $0.35 per person based on 2014 municipal population data published by City-Datacom. The net cost contributed by the County, after reimbursement by the Municipalities is estimated to be $42,050 per contract year. Failure of any Municipality to pay its respective Contribution shall not require the remaining Municipalities to be responsible for paying any portion of the payment that was due from the non-paying Municipality. Second Amendment to Interlocal Agreement for Stormwater Education and Outreach Page 1 2, Section 6. TIMETABLE OF PAYMENT, is deleted and replaced with: Annual contributions will be paid on or before October 15 of each year. 3. Section 8. ADMINSTRATION OF THE EDUCATION CONTRACT, is deleted and replaced with: The County, through its Natural Resources Management Department and as the Consortium Lead for the Education Program, shall retain through a Request for Qualifications process, either a profit or non- profit corporation as the "Program Administrator" to provide the Education Program. The County shall insure that the participating Municipalities and the Education Program Administrator conduct informational working group conferences at least once a year. The County shall Contract annually with the Program Administrator. The County shall compensate the Program Administrator quarterly. The Program Administrator shall submit monthly progress reports to the Consortium Lead and to the Municipalities. The County shall invoice the Municipalities quarterly. 4. Section 9. CONTRACT, is deleted and replaced with: The County shall contract to provide Administration for the Education Program. In order to contract for project administration the County shall follow procurement policy specific to Cooperative Contracts and Contracts with Profit and Non-Profit Organizations as outlined in the Brevard County Purchasing Manual. 5. Exhibit A, Section V. Funding is deleted and replaced with Amended Exhibit A. Section V. Funding, attached an incorporated herein. 6. All terms and conditions of the previous Agreement and Amendment, incorporated herein by this reference, not inconsistent with the provisions of this Second Amendment, shall remain in full force and effect. Second Amendment to Interlocal Agreement for Stormwater Education and Outreach Page 2 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the date first above written. ATTEST: BREVARD COUNTY, FLORIDA BY: Scott Ellis, Clerk Curt Smith, Chairman As approved by the Board on Approved as to legal form and content Christine Valliere, Assistant County Attorney Second Amendment to Interlocal Agreement for Stormwater Education and Outreach Page 3 ATTEST: CITY OF CAPE CANAVERAL David L. Greene, City Manager 105 Polk Ave. Cape Canaveral, Florida 32920 As approved by the Council on Second Amendment to Interlocal Agreement for Stormwater Education and Outreach Page 4 ATTEST: CITY OF COCOA John Titkanich, City Manager 65 Stone Street Cocoa,Florida 32922 As approved by the Council on Second Amendment to Interlocal Agreement for Stormwater Education and Outreach Page 5 ATTEST: CITY OF COCOA BEACH James McNight,City Manager City Hall, 2 South Orlando Avenue Cocoa Beach, Florida 32932 As approved by the Council on Second Amendment to Interlocal Agreement for Stormwater Education and Outreach Page 6 ATTEST: TOWN OF GRANT-VALKARIA Town of Grant-Valkaria Rick Hood, Town Administrator 1449 Valkaria Rd. Grant-Valkaria, Florida 32950 As approved by the Council on Second Amendment to Interlocal Agreement for Stormwater Education and Outreach Page 7 ATTEST: CITY OF INDIAN HARBOUR BEACH Mark Ryan, City Manager 2055 South Patrick Drive Indian Harbour Beach, FL 32937 As approved by the Council on Second Amendment to Interlocal Agreement for Stormwater Education and Outreach Page 8 ATTEST: TOWN OF MALABAR Doug Hoyt,Town Administrator 2725 Malabar Road Malabar, Florida 32950 As approved by the Council on Second Amendment to Interlocal Agreement for Stormwater Education and Outreach Page 9 ATTEST: CITY OF MELBOURNE Michael A. McNees, City Manager City Hall 900 East Strawbridge Avenue Melbourne, Florida 32901 As approved by the Council on Second Amendment to Interlocal Agreement for Stormwater Education and Outreach Page 10 ATTEST: CITY OF SATELLITE BEACH Courtney H. Barker, City Manager 565 Cassia Boulevard Satellite Beach, Florida 32937 As approved by the Council on Second Amendment to Interlocal Agreement for Stormwater Education and Outreach Page 11 ATTEST: CITY OF WEST MELBOURNE Scott Morgan, City Manager 2240 Minton Road - Second Floor West Melbourne,Florida 32904 As approved by the Council on Second Amendment to Interlocal Agreement for Storniwater Education and Outreach Page 12 AMENDED EXHIBIT A SECTION V. FUNDING FUNDING DELIVERABLE REQUIREMENTS POINTS CONSORTIUM PARTNERS 2014 POPULATION $0.35/ Person Cape Canaveral 10,022 $3,507.70 25 Cocoa 17,678 $6,187.30 43 Cocoa Beach 11,131 $3,895.85 29 Grant-Valkaria 3,916 $1,370.60 10 Indian Harbour Beach 8,393 $2,937.55 20 Malabar 2,765 $967.75 7 Melbourne 78,088 $27,330.80 188 Sattelite Beach 10,290 $3,601.50 29 West Melbourne 19,834 $6,941.90 48 Brevard County $42,050.00 290 TOTAL $98,790.95 Second Amendment to Interlocal Agreement for Stormwater Education and Outreach Page 13 AMENDED EXHIBIT A SECTION V. FUNDING DELIVERABLE POINT VALUE A. Adult Education Program 4 Points / Program B. School Age Education Program 2 Points/ Program C. General Public Programs 4 Points / Program D. Special Event Representation 8 Points / Event E. Storm Drain Marking 2 Point / 50 Drains Marked F. Alternative Programs, as requested Points based on time and cost Second Amendment to Interlocal Agreement for Stormwater Education and Outreach Page 14 [city seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/17/2017 Item No. 7 Subject: Approve Third Amendment to existing Lease Agreement with Board of County Commissioners of Brevard County(BOCC), Florida,to provide Library Services and authorize Mayor to execute same. Department: Culture& Leisure Services Summary: The prior Amendment to the Library Lease Agreement took place in August 2009 and entitled the City use of the 2,000 sqft multipurpose room, on a temporary basis, for City Council meetings, various City Board meetings and public engagement events. As part of that Amendment, the City agreed to fund improvements to the room which included upgraded audio/visual equipment, flexible furnishings and separate alarm system. The Library was allowed use of the upgrades for meetings/events with the City bearing the cost of maintenance/repair to the aforementioned upgrades. The Third Amendment(Attachment)addresses the City's desire to vacate the room for purposes of holding City Council/Board Meetings. It continues to allow City use of the room when needed and available for any other public meeting/event. Additionally,the Third Amendment provides the Library consent to continue using the audio/visual equipment and flexible furnishings with the exception of the City's laptop computer which will be used at the new City Hall. It also charges the BOCC with maintenance/repair responsibilities over the audio/visual equipment and flexible furnishings throughout its useful life, at the end of which it is to be returned to the City for disposal. Submitting Department Director: Gustavo Vergara Date: 10/9/17 Attachment: Third Amendment—Library Lease Agreement Financial Impact: Staff time and effort to complete Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 10/9/17 The City Manager recommends that City Council take the following actions: Approve Third Amendment to existing Lease Agreem t with Board of County Commissioners of Brevard County (BOCC), Florida, to provide Library Services and authorize Mayor to execute same. Approved by City Manager: David L. Greene Date: 10/9/2017 THIRD AMENDMENT LIBRARY LEASE AGREEMENT THIS THIRD AMENDMENT TO THE LEASE AGREEMENT entered into this 19 day of Sept . 2017, by and between the BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, a political subdivision of the State of Florida,hereinafter referred to as the "Board" and the CITY OF CAPE CANAVERAL, hereinafter referred to as the "City." WITNESSETH: WHEREAS, the parties previously entered into an Agreement dated March 1, 1988, as amended on September 15, 1998 and again amended on August 18, 2009; and WHEREAS,the City owns the building and land used for Cape Canaveral Library; and WHEREAS, the Board operates Cape Canaveral Library as part of the Countywide Library System; and WHEREAS, the Parties desire to amend the Agreement regarding the use of the Cape Canaveral Library, specifically the Meeting Room,by the City; and WHEREAS, the City has used the Meeting Room for a number of years for purposes of holding City Council meetings and other public meetings; and WHEREAS, the City, as authorized by the Second Amendment to this Library Lease Agreement, made improvements to the Library Meeting Room at its expense, including refurbishing the Meeting Room, providing for new audio and visual equipment and providing flexible furnishings to accommodate public meetings; and WHEREAS, the City has completed a new City Hall construction project and no longer will have a regular need to use the Library Meeting room for City Council and public meeting purposes,though occasional use will still occur; and WHEREAS, the City desires to allow the Cape Canaveral Library to continue to use the audio visual equipment and flexible furnishings for library purposes, provided that the Library maintains such equipment and furnishings; and NOW THEREFORE, in consideration of the promises and mutual covenants herein contained,the Parties hereby agree as follows: SECTION 1. Paragraph 2.b. of the Agreement, a subparagraph added by the Second Amendment of the Library Lease Agreement, is deleted in its entirety and replaced with the following: The City shall be entitled to use the 2,000 square-foot multi-purpose public Meeting Room located within the Cape Canaveral Library, on an as-needed basis for various public meetings, subject to coordination of scheduling of dates and times with the Cape Canaveral Library Director. The City, having previously used the Meeting Room for City Council and various City Board meetings, made improvements to the Meeting Room at its expense, including provision of new audio and visual equipment and flexible furnishings as described in Meeting Room Concept A, attached to the Second Amendment to the Library Lease Agreement. The City desires to allow the Cape Canaveral Library to continue to use the improvements, namely the audio and visual equipment, with the exception of a Dell 1LKR551 laptop, and flexible furnishings, for library uses, public events and meetings. The Cape Canaveral Library shall be responsible for the repair and maintenance of the improvements. When such improvements are no longer needed for library purposes, the Cape Canaveral Library shall return such improvements to the City for its use or disposition and sale. SECTION 2. All other terms and conditions of the Agreement dated March 1, 1988 as amended by the Amendment dated September 15, 1998 and the Second Amendment dated August 18,2009, not inconsistent with the provisions herein shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have set their signatures and seals effective on the date first written above. CITY OF CAPE CANAVERAL, BOARD OF COUNTY COMMISSIONERS FLORIDA OF BREVARD COUNT LORIDA BY: BY: Bob Hoog,Mayor Chairperson- CURT SMITH ATTESTED: As approved by the Board on:September 19 , 201 7 September 19 , 2017 Mia Goforth,City Clerk Date ATTEST: Clerk SCOTT ELLIS Reviewed for legal form and content: (Assistant) County Attorney City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/17/2017 Item No. 8 Subject: Approve Task Order No. 4 in the amount of $69,954 to Geosyntec Consultants, Inc. for design of a reclaimed effluent disposal system at Canaveral City Park, and authorize City Manager to execute same. Department: Public Works Services Summary: The City recently completed installation of 4,000+ underground stormwater chambers beneath Canaveral City Park (7920 Orange Avenue) as part of a Best Management Practice to reduce pollutant loads from entering the Banana River Lagoon(BRL). The chambers allow for exfiltration of stormwater from the surrounding 30+acres into the surficial aquifer in lieu of direct discharge to the BRL through the City's stormwater system. The exfiltration system will remove an estimated 260.6 pounds per year of total nitrogen(TN) and 63.0 pounds per year of total phosphorous (TP) from the City's stormwater system. These reductions represent a significant portion of the City's nutrient-removal target levels for TN and TP required by the Total Maximum Daily Load (TMDL) Program. Depending upon a number of variables, the City will discharge an estimated 40-60 million gallons of excess reclaimed water into the BRL this calendar year. To eliminate a significant amount of these discharges, Staff is proposing a number of modifications to the existing reclaimed water system to allow for disposal of excess reclaimed water into the exfiltration system at Canaveral City Park. Meetings with both Florida Department of Environmental Protection (FDEP) and St. Johns River Water Management District(SJRWMD)have identified an extensive list of tasks necessary for permitting discharge of reclaimed water. Major permitting tasks include: • Hydrogeologic assessments (soil and groundwater sampling, monitoring well installations, etc.); • Fire hydrant flow test; • Revision of site stormwater computer model; • Development of construction plan documents; and • Preparation of draft and final permit applications. Upon completion of construction plans and acquisition of FDEP and SJRWMD permits, the Project will be publicly bid for construction. Staff from FDEP and SJRWMD were not aware of any similar projects in Florida where excess reclaimed water is discharged into a stormwater exfiltration system. A complete cost estimate as prepared by Geosyntec Consultants, Inc. (Geosyntec) is attached. As Geosyntec performed initial engineering design services for the Canaveral City Park exfiltration system, Staff recommends they be selected for design of the reclaimed effluent disposal system. Geosyntec is one of the engineering firms selected by the City for Professional Engineering/Surveying, Planning, Consulting and Architectural Services in Request for Qualifications #2011-01. A Master Services Agreement for these services has been signed between the City and Geosyntec. Submitting Department Director: Joshua Surprenant Date: 10/5/17 City Council Meeting Date: 10/17/2017 Item No. 8 Page 2 of 2 Attachment: Geosyntec Cost Estimate Financial Impact: $69,954 to Geosyntec Consultants, Inc., for design of a reclaimed effluent disposal system at Canaveral City Park funded by the Enterprise Capital Fund; Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLe Date: 9/25/17 The City Manager recommends that City Council to take the following action : Approve Task Order No. 4 in the amount of$69,954 to Geosyntec Consultants, Inc. for design of a reclaimed effluent disposal system at Canaveral City Park and authorize City Manager to execute same. Approved by City Manager: David L. Greene Date: 10/4/17 Attachment Geosyntec Cost Estimate Geo syntec 6770 South Washington Avenue, Suite 3 Titusville, Florida 32780 PH 321-269-5880 consultants www.geosyntec.com August 31, 2017 Mr.Jeff Ratliff,Public Works Services Director Cape Canaveral Public Works Department 601 Thurm Blvd., P.O. Box 326 Cape Canaveral, FL 32920 Subject: Proposal for City Park Reclaimed Effluent Disposal Design Cape Canaveral, Florida Dear Mr. Ratliff: Geosyntec Consultants, Inc. (Geosyntec) is pleased to provide the City of Cape Canaveral (City) with this proposal for the design and permitting for the City's proposed disposal of surplus reclaimed effluent to the newly-constructed City Park exfiltration system. BACKGROUND Geosyntec recently completed a design and permitting feasibility assessment for the proposed City Park reclaimed effluent surplus disposal system (Improvements). The Improvements consist of installing a reclaimed water connection from the existing reclaimed distribution main along Magnolia Avenue and Jackson Avenue and connecting it to the recently constructed underground exfiltration system beneath the City Park.The City Park has a storage capacity of approximately one million gallons, and therefore represents on opportunity to be used as a reclaimed discharge site instead of discharging this treated wastewater directly to the Banana River Lagoon.The feasibility assessment included pre-application meetings with the St.Johns River Water Management District (SJRWMD) and the Florida Department of Environmental Protection (FDEP),as well as a conceptual improvement plan to implement the Improvements at the City Park.Based on this assessment,the City requested that Geosyntec submit a proposal to implement the recommendations, permitting, and conceptual improvements contained in the City Park Reclaimed Effluent Surplus Disposal Memorandum dated July 11, 2017.A copy of this memorandum is included in Appendix A. The following is a detailed scope of services included herein: SCOPE OF WORK The following sequence of tasks is proposed for this project. 1. Hydrogeologic Assessment and Soils Evaluation Data Collection- Consistent with the FDEP pre-application and permitting requirements, Geosyntec will complete a hydrogeologic investigation to determine the groundwater flow direction, groundwater flow velocity and baseline groundwater quality condition and will also complete a soils investigation to assess the composition of and the ability of the soils to accept the reclaimed water. In order to complete these investigations, the field tasks outlined below are proposed. 1.1. Monitoring Well Installation and Survey. A total of four (4) monitoring wells will installed to a total depth of 15 feet below land surface (ft BLS) within the property boundary of City Park by subconsultant Environmental Drilling Service, Inc. The engineers I scientists I innovators Proposal for City Park Reclaimed Effluent Disposal Design Geosyntec City Park Storm water Retrofit Cape Canaveral,Florida consultants August 31,2017 monitoring wells will be installed by a State of Florida licensed driller using direct push methods. Each location will be continuous sampled for lithology. The monitoring wells will be constructed of 1-inch diameter schedule (SCH)40 poly-vinyl chloride (PVC) with 10 ft of 0.01-inch (10-slot) machine slotted well screen and riser to land surface. The annulus around the well will include 20/30 graded silica sand up to one (1)ft above the well screen,a fine sand seal to two (2) ft above the wells screen and a bentonite-cement slurry to land surface. Prior to placement of the bentonite cement slurry, the monitoring wells will be developed using a peristaltic pump to remove fines entrained during installation.The monitoring wells will be finished with a flush mounted manhole completion set within a 2 ft by 2 ft by 0.5 ft thick concrete pad. The top of casing elevation for each monitoring well and the existing water well at City Park will be surveyed by subconsultant Morgan and Associates, Inc., a registered State of Florida land surveyor, following well installation. 1.2. Soil Sampling. A single representative soil sample will be collected from two (2) of the four(4)monitoring well locations following lithologic logging of the soil. Each soil sample will be analyzed by subconsultant Advanced Environmental Laboratories (AEL),Inc.,a NELAC certified environmental laboratory holding certification from the Florida Department of Health (FDOH) for the parameters listed below: o Organic matter content; o pH; o Sodium adsorption ratio; and o Cation exchange capacity. 1.3. Monitoring Well Variable Head Permeability Testing. A variable head permeability test (slug test) will be performed at each of the recently installed monitoring wells and the existing water well at City Park to estimate the permeability of the surficial aquifer. Water level measurements will also be collected from each well in order to evaluate groundwater flow direction. 1.4. Monitoring Well Sampling. Groundwater samples will be obtained from two (2) of the four (4) newly installed wells in accordance with current applicable FDEP Standard Operating Procedures (DEP-SOP-001-01, December 2008) for groundwater sampling. The monitoring wells sampled will include an upgradient location well and a downgradient well. Each groundwater sample will be analyzed by AEL, holding certification from the FDOH, to establish baseline conditions for the parameters included in the current permit listed below: o Nitrate o Total Dissolved Solids o Chloride o Fecal Coliform o pH o Turbidity o Trihalomethanes (total by summation) o Bis (2-ethylhexyl)phthalate o Total nitrogen engineers I scientists I innovators Proposal for City Park Reclaimed Effluent Disposal Design Geosyntec City Park Storm water Retrofit Cape Canaveral,Florida consultants August 31,2017 o Total Phosphorus o BOD (Carbonaceaous 5 day) o Total suspended solids o Chlorine,total residual o Mercury 2. Fire Hydrant Flow Test 2.1. Fire Hydrant Flow Test - Subconsultant Wayne Automatic, will perform a fire hydrant flow test in accordance with their proposal included in Attachment B. Geosyntec will be present during the flow test to document the pressure and flow readings. The test data will be used in estimating average discharge flows to the City Park exfiltration from the reuse distribution system. 3. 90%Construction Plan Documents- Based on the approved Conceptual Improvements Map in Appendix A, prepare 90% construction plans and bid documents for the City's review. The design will consist of connecting to an existing four inch reuse main located at Magnolia Ave and Jackson Ave and extending the four inch main onto City Park property. The main will be split to both exfiltration fields so that each field receives an approximately equivalent discharge. The reuse discharge will be controlled by an electronic actuating valve that will be controlled either manually or remotely by telemetry,allowing the City to remotely operate the system. Level transducers, or similar device, will be deployed to prevent overfilling the exfiltration, which will cease reuse discharges if the exfiltration system is too full. The plan set would be 11" x 17" format and would be anticipated to include the following: 3.1. Construction Plans • Cover Sheet with Location and Benchmark References - 1 sheet; • General Notes Sheet&Summary of Pay Items Sheet- 1 sheet; • Project Layout Sheet- 1 sheet; • Piping Plan and Profile to include piping arrangement from the reclaimed hydrant connection to the discharge location vaults/manholes and connection details.-2 sheets @ 1"= 20'scale; • Cross Sections - 1 sheet at critical cross section locations; • Actuated Valve Diagram & Miscellaneous Details to depict the valve and piping arrangement within the vault, including piping support details, control valve information, vault details with hatch details and penetration details and piping specifications- 2 sheets; • Electrical and Control Plan to include logic and instrumentation requirements for the valve and controls and wiring schematics for control and power supply and engineers I scientists I innovators Proposal for City Park Reclaimed Effluent Disposal Design Geosyntec City Park Stormwater Retrofit Cape Canaveral,Florida consultants August 31,2017 control panel.The electrical plans will be prepared by subconsultant Cape Design Engineering- 2 sheets. 3.2. Engineer's Cost Estimate. 3.3. Special and Technical Specifications 3.4. QA/QC Review. 3.5. Print and Assemble Construction Plans. 4. Draft Permit Preparation - Prepare draft SJRWMD and FDEP permit application documents for City's review concurrent with 90%plans, including: 4.1. SJRWMD Drainage and Pollutant Loading Analysis Report. This report will leverage the existing drainage report and stormwater model from City Park SJRWMD permit No. 140486-1, and will include the following: • Continuous Simulation SWMM Stormwater Model Assessment-The purpose of this model update is to estimate the long-term reclaimed water discharges to the City Park facility with and without the proposed Improvements. The report will modify the existing SWMM-based stormwater model,which currently models design storms only, to perform a five-year continuous simulation from January 2012- March 2017. This model will simulate the proposed reclaimed water discharges by incorporating a time vs flow operating table into the model. The operating table will reflect the discharges of reclaimed water to the City Park exfiltration during historic periods when surplus reclaimed water was available from the City wastewater treatment plant, based on data provided by the City. Flow rates modeled to the exfiltration will be consistent with the hydrant flow test. Total flow volumes with and without the proposed Improvements will be estimated. • Pollutant Loading Analysis - Based on the results of the continuous simulation, a pollutant loading analysis will be performed to determine the net water quality benefit of the proposed system, consistent with the SJRWMD pre-application meeting requirements. The pollutant loading analysis will be limited to a spreadsheet-based assessment of the modeled stormwater and reclaimed water discharges.The pollutant loading analysis will determine the estimated pollutant loadings from the combined stormwater + reclaimed water discharges with and without the proposed Improvements to document net water quality benefit. • Report Narrative - Based on the results of the continuous simulation and pollutant loading analysis, prepare a narrative report to document the proposed findings. It is assumed that the figures in the report will be limited to the figures provided in the SJRWMD permit No. 140486-1,as well as a figure of the proposed conditions. engineers I scientists I innovators Proposal for City Park Reclaimed Effluent Disposal Design Geosyntec City Park Stormwater Retrofit Cape Canaveral,Florida consultants August 31,2017 4.2. FDEP Engineering Report - The FDEP Engineering report will address the requirements for Part IV Rapid-Rate Land Application Systems (Rapid Infiltration Basins and Absorption Fields) outlined in 62-610.310 and 62-610.500 through 62- 610.525. The report elements are summarized below. • Land Use Requirements - Elements will include: 1) boundaries of the project area, 2) required setbacks distances, 3) current and future land use maps within one mile, 4) potable/non-potable and monitoring wells within 0.5 miles and 5) surface water classification within one mile. • Soils Information - Elements will include: 1) SCS soils map, 2) physical characteristics of the soil including texture, hydraulic conductivity and chemical characteristics to support the design loading capacity and application rate. • Hydrogeologic Survey- Elements will include: 1) groundwater monitoring plan including background water quality data, 2) direction and rate of groundwater movement, 3) mounding analysis, 4) flood prone areas within 0.5 miles. • Project Evaluation-An evaluation of the overall long-term effect of the proposed project, justification of setback distances and justification of the selection of hydraulic loading rates used in the analysis • Part IV Project Specific Requirements-Elements will include: 1) description of system,2)summary of reclaimed water quality to be disposed of through system, 3) summary of system operation including level controlled discharge system and 4) access control and advisory signage. 5. Utility Coordination - Forward copies of the 90% plans to the known utility companies to solicit input on possible conflicts. Responses will be documented in an emailed memorandum. 6. 100% Construction Plan Documents - Upon receipt of comments from the City and utility providers, prepare 100% Construction Plans & Specifications, quantities, cost estimate,and specifications for the City's review. 7. Final Permit Preparation&Submittal- Prepare and submit SJRWMD and FDEP permit packages including application forms, drainage and engineering reports, and 100% plans (incorporating any comments from City review of draft permit documents). Address any requests for additional information (RAIs) issued by the SJRWMD and FDEP consistent with the scope of services described in the pre-application meetings summarized in Appendix A. 8. Final Construction Documents - Upon receipt of SJRWMD and FDEP permit, prepare Final Construction Documents to include final plans,signed&sealed by a registered Florida P.E., quantities, cost estimate, and specifications, incorporating any additional City comments on the 100% review set.At this time, all data associated with the construction documents would be transmitted to the City via electronic PDF. engineers I scientists I innovators Proposal for City Park Reclaimed Effluent Disposal Design Geosyntec City Park Storm water Retrofit Cape Canaveral,Florida consultants August 31,2017 9. Project Management - During the design phase of this project, ongoing project management will be performed, Project management tasks include; project administration,management of technical staff efforts,quality assurance and quality control checks on all work products,and monthly project tracking,meetings,schedule updates and status reports. DELIVERABLES a. One (1) PDF of the 90%, and 100% construction plans, quantities, cost estimate, specifications,and draft permit application documents shall be submitted for review. b. One(1)electronic copy of the final SJRWMD permit package (forms,report,plans,etc.) will be prepared for City records. One (1) permit package will be delivered to the SJRWMD and FDEP e-permitting websites in PDF format. c. Three (3) copies of the Final construction plans, quantities, cost estimate, and specifications,and other applicable documents shall be submitted, along with a digital PDF copy of all backup data. ASSUMPTIONS i. No ecological,wetland delineation, or environmental assessment will be necessary to design and permit this project.As such,these services are not included in this proposal. ii. Subsurface Utility Exploration (SUE) is not included in this proposal. Should utility conflicts be identified during the design,SUE may be warranted and would be included as an additional service. iii. The City will forward to Geosyntec the as-built documentation of the reclaimed water line serving the fire hydrant.If no as-built drawings existing,SUE may be warranted to establish a reclaimed water connection location and would be included as an additional service. iv. With the exception of the reclaimed water main,utility relocation and adjustment plans are not included in this proposal. v. Geotechnical assessments are not included in this proposal. It is assumed that the existing geotechnical information established as part of SJRWMD permit 140486-1 is sufficient for the design and permitting herein. Any additional geotechnical assessments and investigation can be included as an additional service. vi. The City will make all pertinent data available to Geosyntec, including copies of all scanned documents. Hard copy documents will be made available for scanning. vii. This scope of services has assumed that the consultant will not be involved in any public involvement meetings or presentations during the duration of the project. viii. The existing pump in the City Park water well will be removed prior to field work commences. ix. Monitoring wells will be installed on City Park property and right-of-way permits will not be required. engineers I scientists I innovators Proposal for City Park Reclaimed Effluent Disposal Design Geosyntec City Park Storm water Retrofit Cape Canaveral,Florida consultants August 31,2017 x. The FDEP will authorize use of the right-of-way around the City Park property to achieve setback requirement. xi. Any investigative derived waste (IDW) generated during the investigation can be spread (soils) or discharged (groundwater)to grade near the well locations. BUDGET ESTIMATE Geosyntec proposes to provide the services discussed herein for $69,954.00 on a lump sum basis, in accordance with the terms and conditions specified herein and pursuant to our contract with the City. The lump sum amount is based on our estimated budget for performing these services, which includes the labor, subconsultant fees, and other direct costs necessary to complete the work scope described in the proposal,as detailed in Attachment A. Project efforts will be billed to the City on a lump sum task percent complete basis, based on the major tasks defined in the cost build-up spreadsheet in Attachment A. Individual subconsultant and combined other direct costs will likewise be billed lump sum based on a percent complete basis. Invoices will be structured to list project tasks (and subconsultant/ combined other direct cost)with accomplished percent complete,then corresponding budget invoiced, overall budget expended and overall budget remaining. If requested, a separate status report will be provided to the City's project manager providing a narrative of work accomplished supporting the invoice. SCHEDULE Geosyntec can begin work immediately upon receipt of a Notice to Proceed from the City. Work will commence and proceed in accordance with the below schedule: • Notice to Proceed: October 2017 • Hydrogeologic Assessment and Soils Evaluation Data Collection: October 2017 - November 2017 • 90% Plans&Draft Permit Reports: December 2017 • 100% Plans: February 2018 • SJRWMD and FDEP Permit Applications: February 2018 • Final Plans: March 2018 engineers I scientists I innovators Proposal for City Park Reclaimed Effluent Disposal Design Geosyntec City Park Stormwater Retrofit Cape Canaveral,Florida consultants August 31,2017 CLOSURE The scope, fees, and schedule provided herein are considered valid for 90 days from the date of proposal unless otherwise noted. After 90 days, we reserve the right to reevaluate project scope, fees,and schedule.We appreciate the opportunity to work with the City on this project. Should you have any questions or comments regarding this proposal,please do not hesitate to contact the undersigned at(321) 249-9360. Sincerely, Geosyntec Consultants,Inc. Lee G. Mullon,PE,CFM Mark W.Ellard,PE,CFM,D.WRE Project Professional,Water Resources Senior Principal,Water Resources lmullon@geosyntec.com mellard@geosyntec.com 6,7 'IJ Matthew Wissler,PG Principal Hydrogeologist mwissler@geosyntec.com Attachments A- Fee Estimate B - Subconsultant Proposals Appendices A- City Park Reclaimed Effluent Surplus Disposal Memorandum engineers I scientists I innovators Proposal for City Park Reclaimed Effluent Disposal Design Geosyntec City Park Storm water Retrofit Cape Canaveral,Florida consultants August 31,2017 Attachment A engineers I scientists I innovators EXHIBIT Al-FEE ESTIMATE City Park Reclaimed Effluent Disposal Design Date: 08/30/17 Cape Canaveral,Florida Associate Project Professional Staff Professional Drafter/CADD Operator Admin Assistant Basic Man-hours Average Rate= $198.00 Rate= $158.00 Rate= $105.00 Rate= $88.00 Rate= $56.00 Activity by Hourly Task Activity Man-hours Cost Man-hours Cost Man-hours Cost Man-hours Cost Man-hours Cost Amount Activity Rate 1 Hydrogeologic Assessment and Soils Evaluation Data Collection 1.1 Monitoring Well Installation 2 $396.00 $0.00 24 $2,520.00 $0.00 $0.00 $2,916.00 26 $112.15 1.2 Soil Sampling $0.00 $0.00 4 $420.00 $0.00 $0.00 $420.00 4 $105.00 1.3 Monitroing Well Slug Testing 1 $198.00 $0.00 12 $1,260.00 $0.00 $0.00 $1,458.00 13 $112.15 1.4 Monitoring Well Sampling $0.00 $0.00 8 $840.00 $0.00 $0.00 $840.00 8 $105.00 SUBTOTAL 3 $594.00 0 $0.00 48 $5,040.00 0 $0.00 0 $0.00 $5,634.00 $51.00 110.47 2 Fire Hydrant Flow Test-TBD 2.1 Flow Test Coordination and Field Visit $0.00 4 $632.00 $0.00 $0.00 $0.00 $632.00 1. 9158.00 SUBTOTAL 0 $0.00 4 $632.00 0 $0.00 0 $0.00 0 $0.00 $632.00 4 $158.00 3 Prepare 90%Construction Plan Documents Cover Sheet with Location and Benchmark References $0.00 1 $158.00 2 $210.00 $0.00 $0.00 $368.00 3 $122.67 General Notes&Summary of Pay Items Sheet $0.00 2 $316.00 2 $210.00 $0.00 $0.00 $526.00 4 $131.50 Project Layout Sheet $0.00 2 $316.00 4 $420.00 $0.00 $0.00 $736.00 6 $122.67 3.1 Piping Plan and Profile $0.00 6 $948.00 8 $840.00 $0.00 $0.00 $1,788.00 14 $127.71 Cross Sections $0.00 6 $948.00 10 $1,050.00 $0.00 $0.00 $1,998.00 16 $124.88 Actuated Valve Diagram 2 $396.00 14 $2,212.00 16 $1,680.00 $0.00 $0.00 $4,288.00 32 $134.00 Electrical and Control Plan(Coordination with EGE) 2 $396.00 2 $316.00 $0.00 $0.00 $0.00 $712.00 4 $178.00 3.2 Engineer's Cost Estimate $0.00 2 $316.00 2 $210.00 $0.00 $0.00 $526.00 4 $131.50 3.3 Special and Technical Specifications $0.00 10 $1,580.00 $0.00 $0.00 $0.00 $1,580.00 10 $158.00 3.4 QA/QC Review 2 $396.00 $0.00 $0.00 $0.00 $0.00 $396.00 2 $198.00 SUBTOTAL l $1,188.00 45 $7,110.00 44 $4,620.00 0 $0.00 0 $0.00 $12,918.00 95 $135.98 4 Draft Permit Preparation Continuous Simulation SWMM Assessment $0.00 16 $2,528.00 24 $2,520.00 $0.00 $0.00 $5,048.00 40 $126.20 4.1 Pollutant Loading Analysis $0.00 4 $632.00 14 $1,470.00 $0.00 $0.00 $2,102.00 18 $116.78 Report Narrative&Compile Figures,Tables and Appendices 1 $198.00 8 $1,264.00 12 $1,260.00 $0.00 2 $112.00 $2,834.00 23 $123.22 4.2 FDEP Engineering Report 6 $1,188.00 21 $3,318.00 40 $4,200.00 12 $1,056.00 4 $224.00 $9,986.00 83 $120.31 SUBTOTAL 7 $1,386.00 49 $7,742.00 90 $9,450.00 12 $1,056.00 6 $336.00 $19,970.00 164 $121.77 S Utility Coordination 5.1 Prepare Utility Coordination Letters Send Out $0.00 0.5 $79.00 2 $210.00 $0.00 $0.00 $289.00 2.5 $115.60 5.2 Coordination with Utility Companies $0.00 0.5 $79.00 2 $210.00 $0.00 $0.00 $289.00 2.5 $115.60 5.3 Utility Coordination Summary Memo $0.00 0.5 $79.00 1 $105.00 $0.00 $0.00 $184.00 1.5 $122.67 SUBTOTAL 0 $0.00 1.5 $237.00 5 $525.00 0 $0.00 0 $0.00 $762.00 6.5 $117.23 6 100%Construction Plan Document 6.1 Plans,Quantities,Specifications and Cost Estimate Revisions $0.00 12 $1,896.00 20 92,100.00 $0.00 $0.00 $3,996.00 32 $124.88 6.2 QA/QC Review 2 $396.00 $0.00 $0.00 $0.00 $0.00 $396.00 2 $198.00 SUBTOTAL 2 $396.00 12 $1,896.00 20 $2,100.00 0 $0.00 0 $0.00 $4,392.00 34 $129.18 Geosyntec consultants Exhibit A1-Page 1 of 2 EXHIBIT Al-FEE ESTIMATE City Park Reclaimed Effluent Disposal Design Date: 08/30/17 Cape Canaveral,Florida Associate Project Professional Staff Professional Drafter/CADD Operator Admin Assistant Basic Man-hours Average Rate= $198.00 Rate= $158.00 Rate= $105.00 Rate= $88.00 Rate= $56.00 Activity by Hourly Task Activity Man-hours Cost Man-hours Cost Man-hours Cost Man-hours Cost Man-hours Cost Amount Activity Rate 7 Final Permit Preparation and Submittal 7.1 Permit Drainage Report and Forms Revisions $0.00 4 $632.00 8 $840.00- $0.00- $0.00 $1,472.00 12 $122.67 7.2 QA/QC Review 0.5 $99.00- $0.00- $0.00- $0.00- $0.00 $99.00 0.5 $198.00 7 3 Prepare and submit Electronic"E-Permitting"Submittal to SjRWMD& $0.00 4 $632.00_ $0.00_ $0.00_ $0.00 $632.00 4 $158.00 FDEP SUBTOTAL 0.5 $99.00 8 $1,264.00 8 $840.00 0 $0.00 0 $0.00 $2,203.00 16.5 $133.52 8 Final Construction Documents 8.1 Final Plans,Quantities,Specifications and Cost Estimate Revisions $0.00 10 $1,580.00 16 $1,680.00- $0.00- $0.00 $3,260.00 26 $125.38 8.2 QA/QC Review 1 $198.00- $0.00- $0.00- $0.00- $0.00 $198.00 1 $198.00 8.3 Print and Assemble Final Plans and Documents $0.00- $0.00- $0.00- $0.00 4 $224.00 $224.00® $56.00 SUBTOTAL 1 $198.00 10 $1,580.00 16 $1,680.00 0 $0.00 4 $224.00 $3,682.00 31 $118.77 9 Project Management 9.1 Project administration setup 1 $198.00 1 $158.00 1 $105.00- $0.00- $0.00 $461.00 3 $153.67 9.2 Management of technical staff efforts and general project QA/QC 6 $1,188.00 12 $1,896.00- $0.00- $0.00- $0.00 $3,084.00 18 $171.33 9.3 Monthly project tracking,meetings,schedule update&status reports 4 $792.00 8 $1,264.00- $0.00- $0.00- $0.00 $2,056.00 12 $171.33 SUBTOTAL 11 $2,178.00 21 $3,318.00 1 $105.00 0 $0.00 0 $0.00 $5,601.00 33 $169;73 GRAND TOTALS = 30.5 $6,039.0150.5 $23,779.01W32 $24,360:.12 $1,056.00 10 $560.00 $55,794.00 435 Percent Breakdown 7% 11% 35% 43% 53% Adialia.3% 2% 2% 1% 100% 100% SUBCONSULTANTS TOTAL LUMP SUM FEE COMPUTATIONS Name Amount Percentage (1) Environmental Drilling Service $3,524.00 5.0% (1)Salary Cost (from above) = $55,794.00 (2) AEL Laboratories $1,166.00 1.7% (2)Out-of-Pocket Expenses (refer to Exhibit A2) + $1,920.00 (3) Morgan&Associates $1,750.00 2.5% (3)Subtotal(Consultant's Fees) [(1)+(2)] _ $57,714.00 (4) Cape Canaveral Electric $5,600.00 8.0% (4)Subconsultant's Fees (from right) + $12,240.00 (5) Wayne Automatic $200.00 0.3% Total Subconsultant Fees: $12,240.00 17.5% Proposed Total Lump Sum Fee [(3)+(4)] = $69,954.00 Geosyntec consultants Exhibit Al-Page 2 of 2 EXHIBIT A2-REIMBURSABLE OUT-OF-POCKET-EXPENSES City Park Reclaimed Effluent Disposal Design Date: 08/30/17 Cape Canaveral,Florida Reproduction Costs Unit Rate per Unit Quantity Subtotal Photocopies B/W Copies-8%"x11" copy $0.09 0 $0.00 B/W Copies-11"x17" copy $0.10 0 $0.00 Color Copies-8%"x 11" copy $1.00 0 $0.00 Color Copies-11"x 17" copy $2.00 0 $0.00 Scans 8%"x11",8Y2 x14,11"x17" sheet $0.10 0 $0.00 Large Format B/W (17"x24",24"x36",36"x48") sheet $2.00 0 $0.00 Large Format Color(17"x24",24"x36",36"x48") sheet $10.00 0 $0.00 Full Size Plans and Plots(plans,public meetings,etc.) 24"x36" B/W Copies sheet $3.00 0 $0.00 24"x36" B/W Plot sheet $5.00 0 $0.00 24"x36" Color Copies sheet $7.00 0 $0.00 24"x36" Color Plot sheet $10.00 0 $0.00 36"x48" B/W Copies sheet $5.00 0 $0.00 36"x48" B/W Plot sheet $7.00 0 $0.00 36"x48" Color Copies sheet $10.00 0 $0.00 36"x48" Color Plot sheet $15.00 0 $0.00 Miscellaneous Expenses Unit Rate per Unit Quantity Subtotal Courier/Express Delivery Service Public Works delivery $20.00 0 $0.00 Downtown Cape Canaveral delivery $20.00 0 $0.00 All other Central Florida areas(permits,etc.) delivery $25.00 0 $0.00 Digital Archiving(include burning and labeling) CD Data each $5.00 0 $0.00 DVD Data each $10.00 0 $0.00 Report Production Binders with Tabs,Covers each $20.00 0 $0.00 Mounting&Laminating(Presentation Materials) Gator Board(3/16") sf $10.00 0 $0.00 Field Expenses Unit Rate per Unit Quantity Subtotal Field Equipment Groundwater Sampling Kit day $150.00 2 $300.00 Slug Testing Kit day $120.00 2 $240.00 HACH kit for Chlorine residual day $90.00 1 $90.00 Expendables Various expendables each $100.00 2 $200.00 Tubing each $100.00 1 $100.00 Project Specifc Costs/Fees FDEP Permit Fee (assumes minor modification existing permit) Each $500.00 1 $500.00 SJRWMD Permit Fee (assumes individual permit) Each $490.00 1 $490.00 GRAND TOTAL: $1,920.00 Geosyntec consultants Exhibit A2-Page 1 of 1 Proposal for City Park Reclaimed Effluent Disposal Design Geosyntec City Park Storm water Retrofit Cape Canaveral,Florida consultants August 31,2017 Attachment B engineers I scientists I innovators AEL PROJECT Advanced Environmental Laboratories, Inc. QUOTE 4965 SW 41st Boulevard, Gainesville, FL 32608, 352-377-2349, FAX: 352-395-6639 Client PM: Matt Wissler Quote Date: 8/8/2017 Company: Geosyntec Consultants Project Name: City of Cape Caneveral - Soils Address: 50 South Belcher Road, Suit 116 Project Number: Clearwater, FL 33765 PO Number: Phone: 727-330-9954 FAX: Quoted by: Todd Romero Matrix Testing Method/Parameter Quantity Unit Cost Total $ $ Soil Organic Matter Content (Volatile Residue - SM2540G) 4 $ 30.00 $ 120.00 Soil pH (E9045) 4 $ 16.00 $ 64.00 Soil Cation Exchange Capacity(SW9081) 4 $ 115.00 $ 460.00 Soil Sodium Absorption Ratio (E200.7) 4 $ 75.00 $ 300.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total = $ 944.00 Project Specific Details: Required Turnaround Time: Standard TAT is 5-7 business days Prices include ADAPT and NuStar EDDs Client Comments: TERMS AND CONDITIONS The following terms and conditions apply to all work performed by Advanced Environmental Laboratories, Inc. (AEL), unless specifically exempted in writing by an officer of AEL. 1. CONTRACT AGREEMENT/TERMS AND CONDITIONS: The Client, when placing an order with AEL, agrees that AEL's quotation, Terms and Conditions,the Client's purchase order, and AEL's agreement to perform testing shall constitute the entire contract between the Client and AEL. A purchase order issued to AEL shall not constitute a binding contract until it is accepted and acknowledged by AEL. It is assumed the Client accepts AEL's Terms and Conditions in lieu of the Client's Terms and Conditions on any orders placed with AEL. 2. GOVERNING LAW: All contracts between AEL and the Client shall be deemed to be made and governed by the Laws of the State of Florida. Any legal action brought by either the Client or AEL shall be brought in a court of competent jurisdiction in Duval County, Florida, or if the action is to be in federal court, in the U.S. District Court for the Middle District of Florida—Jacksonville District. 3. QUOTATION PERIOD AND PRICING: Prices quoted by AEL remain in effect for thirty (30)days and are subject to change after that period. The prices contained in a quotation supplied by AEL apply specifically to the test or project named on the quote in accordance with stated specifications and documentation provided to AEL at the time of quotation.AEL shall not be bound to this pricing for any subsequent testing, repeat testing, additions, and omissions to the test program or parts thereof. 4. PRICING REVISION: The Client representative requesting any testing quotation by AEL shall be considered an agent of the client and authorized to make technical and/or cost changes of any nature to the test procedures, specifications, or other Client documents. If AEL is required to submit a quotation without first receiving and reviewing applicable test specifications, any pricing submitted shall be subject to change when such specifications are made available to AEL. 5. CREDIT TERMS AND PAYMENT: The acceptance of any purchase order by AEL shall be contingent upon approval of the Client's credit. Unless otherwise determined, terms of AEL's invoices shall be Net 30 days and payable in U.S. funds. Payment for the services rendered is the obligation of the Client issuing the purchase order or accepting the proposal. This obligation is not contingent upon payment to the Client by any third party or on any specific result from AEL's services and may not be assigned without the written permission of AEL. If the Client fails to make payment within the agreed terms,AEL shall have the right to cease work, withhold data/reports, and make all invoices immediately due and payable. In addition, AEL shall have the right to charge interest on all amounts not paid by the due date at the rate of 1.5% interest per month, compounded monthly, from the due date of payment. Client agrees to pay all cost of collections including attorney's fees. 6. STANDARD PROCEDURES AND ACCREDITATION: AEL represents to the client that testing is done in accordance with standard procedures as applicable and that reported test results are accurate within generally acceptable commercial ranges of accuracy, unless another measure of accuracy has been agreed to in writing by AEL and the client. AEL's testing laboratories are accredited by NELAP by the Florida Department of Health. It is the client's responsibility to ensure AEL is aware of any testing requiring accreditation. AEL makes no claims or guarantees that reported MDLs, PQLs, and/or MRLs will meet a Client's requirements, be they regulatory, commercial, industrial, or otherwise. It is the complete and full responsibility of the Client to determine if AEL MDLs, PQLs, and/or MRLs will satisfy a Clients needs. 7. WARRANTIES: AEL performs services and hence its work and reports are not governed by the Uniform Commercial Code. Except as stated in paragraph 6,AEL disclaims all warranties, express or implied, including any warranties of merchantability or fitness for a particular purpose. AEL shall have no liability for incidental or consequential damages of any nature whatsoever. 8. Cancellation of Testing: AEL begins testing upon receipt of samples from the Client. If for any reason the testing is interrupted by the Client, the completed portion of the work, including (but not limited to)supplies, materials, labor, and equipment utilization shall be billed to the Client and be payable within the agreed upon payment terms. In such circumstances where AEL agrees to place samples on hold, AEL may bill the Client stand-by charges, up to the full cost of established testing rates, until the testing resumes or is terminated by the client. If the testing is terminated by the client, AEL may impose a cancellation fee of no less than 10% of the unbilled portion of the project. 9. PROGRAM DELAYS: AEL shall not be liable for any failure or delay in performance which is caused in whole or in part by acts of God (fire, flood, earthquakes, etc.), strikes or other labor disturbances, shut-downs, equipment breakdowns, unforeseen engineering problems, fuel shortages, Government priorities, or any other cause beyond the control of AEL. 10. ACCEPTANCE OF TEST REPORTS: AEL reports apply only to the specific samples tested under stated test conditions and test results are not necessarily indicative of the qualities of apparently identical or similar test or operating conditions. AEL shall have no liability for any deductions, inferences or generalizations drawn by the client or others from AEL reports. If the Client requests verification of any part of the test report, AEL shall be notified within thirty (30)days of submission of the report to the Client. Failure to notify within this thirty (30)day period acknowledges acceptance of the report. Should additional work be required for verification purposes,AEL shall be entitled to the reasonable value of the additional work involved providing the original findings are verified. Payment for any test report or other AEL invoice shall not be contingent upon acceptance and/or approval of a third party. 11. SAMPLE/DATA RETENTION Samples will be destroyed thirty (30)days after the date of the final report, unless the client indicates otherwise in writing and prepays before the expiration of said thirty (30)day period the entire cost of any storing, packaging and shipping the sample(s) by AEL. AEL shall have no obligation to retain its test reports or related data and documents beyond its normal retention periods. 12. SHIPPING/TRANSPORTATION The Client shall be responsible for the transportation and any associated shipping costs of Client's property to and from AEL's laboratories. AEL Advanced Quote # 32849 Date 7/28/2017 Environmental Laboratories, Inc. Project City of Cape Canaveral Client Geosyntec Consultants Laboratory Gainesville Project Manager Customer Matt Wissler Advanced Environmental Geosyntec Consultants Laboratories, Inc. 50 South Belcher Rd #116 4965 SW 41st Blvd. Clearwater, FL 33765 Gainesville, FL 32608 Phone 727-330-9954 Phone Email mwissler@geosyntec.com Email TRomero@AELLab.com Analysis Unit Extended Item Code Description Matrix TAT Price Qty Price 1 Groundwater Water $347.00 2 $694.00 5022-W-THM EPA 502.2 THM, Water 7 $41.00 8270CW-FUL SW846 8270C,Full List, Water 7 $150.00 CBOD-SM-W CBOD,5210B,Aqueous 7 $17.00 CL-300FEE Chloride EPA 300.0 7 $10.00 FC-9222D-W Fecal Coliform,9222D,Aqueous 7 $20.00 HG7470AW Mercury,SW-7470A,Aqueous 7 $15.00 NO3-300FEE Nitrate EPA 300.0 7 $10.00 N32-4500-W Nitrate+Nitrite,4500NO3F,Aqueo 7 $14.00 us PH-E-W pH,150.1,Aqueous 7 $8.00 SM2130B-W Turbidity,2130B,WA 7 $10.00 SM2540C-W Total Dissolved 7 $12.00 Solids,SM2540C,WA TKN3512-W TKN,351.2,Aqueous 7 $14.00 TP-3654-W Total Phosphorus,365.4,Aqueous 7 $14.00 TSS-SM-W TSS,2540D,Aqueous 7 $12.00 Total $694.00 Notes 7 Work days from receipt. Accepted by: Signed: Title: Name: Matt Wissler Date: Friday,July 28,2017 9:41:16 AM Page 1 of 1 ENVIRONMENTAL DRILLING SERVICE, INC. QUOTATION 4712 OLD WINTER GARDEN ROAD ORLANDO, FL 32811 Quote Number: 17544 Quote Date: Jul 28, 2017 Page: 1 Voice: 407 295 3532 Fax: 407 296 3957 Quoted To: Geosyntec Consultants 50 South Belcher Road Suite 116 Clearwater, FL 33765 Customer ID Good Thru Payment Terms Sales Rep GEOSYNTECCLWTR 8/27/17 Net 30 Days Quantity Item Description Unit Price Amount PROPOSAL FOR WELL INSTALL AT CAPE CANAVERAL AFS, BREVARD CO, FL Scope of work: Install 4-2"x15' MW w/10' .010 slot PVC screen, 8" bolt down manhole set in 24"x24"x4"concrete apron -Continuous sampling of wells(assume 1 hour each for well development) ""IDW can be disposed of onsite" Estimated time to complete: 1.5.to 2 days 48.00 2-0 per ft, 2" Well Install<50' 28.00 1,344.00 48.00 per ft, Continuous macrocore sampling 10.00 480.00 during well install 4.00 WD hours, Well Development 100.00 400.00 4.00 DP Decon Procedure, ea. 75.00 300.00 4.00 WC Well Completion: manhole, etc. 100.00 400.00 1.00 Mob Mobilization 300.00 300.00 1.00 PR Permit- Brevard Co 100.00 100.00 1.00 PD Per Diem, per crew, per night 200.00 200.00 Subtotal 3,524.00 Sales Tax TOTAL 3,524.00 TO: Lee Mullon, P.E.,CFM CDE: 17-242.1 Geosyntec Consultants August 9,2017 6770 S.Washington Avenue, Suite 3 Titusville, FL 32780 CDE COMPANY SUBJECT: Fee Proposal for the Cape Canaveral City Park Ex-Filtration Reuse engineering:::design/build Dear Mr. Mullon, construction Cape Design Engineering Co. (CDE) is submitting this fee revised proposal for Electrical 775 E. Merritt Island Cswy. Engineering Services for the Cape Canaveral City Park Ex-Filtration system. This fee is Suite 230 Merritt Island, FL 32952 based on information provided via email on August 3, 2017 (Attached). P:321399.2970 Clarifications and Assumptions: F:321.799.0375 • CDE is only involved with the Electrical Engineering design portion of the www.cdeco.com project. • CDE will prepare electrical plan(s)for the extension of power from existing electrical equipment on-site. • CDE will prepare a control panel electrical diagram to operate the proposed system. • 90% and 100% plans will be submitted in PDF format for review by Owner. Signed and sealed Final plans will be submitted for permit. • Review and incorporate comments provided by Owner at each submittal. • No Civil survey is included,we will develop plans based on base files provided by Geosyntec Consultants. • Construction support is not included. The proposed fee for Design is $5,600 CDE will mobilize once a purchase order has been received indicating a notice to proceed and work toward a schedule mutually agreed upon. Thank you for the opportunity to submit this Proposal. Please contact us should there be any questions. Sincerely, Victor Diaz, P.E. Senior Electrical Engineer CONSULTANCY AGREEMENT This proposal, upon acceptance, constitutes an agreement between Geosyntec Consultants ("Owner" or "Client") and Cape Design Engineering Co., a Florida corporation ("CDE") for CDE to perform design and engineering services. 1 . Scope of Services Cape Design Engineering Co. will prepare electrical engineering design documents for the Cape Canaveral City Park Ex- Filtration system. The design effort will include the following: • CDE will prepare electrical plan(s) for the extension of power from existing electrical equipment on-site. • CDE will prepare a control panel electrical diagram to operate the proposed system. • 90% and 100% plans will be submitted in PDF format for review by Owner. Signed and sealed Final plans will be submitted for permit. • Review and incorporate comments provided by Owner at each submittal. • No Civil survey is included, we will develop plans based on base files provided by Geosyntec Consultants. Travel A single site visit will be conducted to confirm locations of existing utility tie in points for Electricity. 2. Design Milestones • 90% Construction Documents for Owner Review • 100% Construction Documents for Owner Review • Final Construction Documents for Permit and Construction 3. Construction Support Construction support is not included. 4. Basis of Compensation Design firm fixed fee of$5,188.00. CDE shall invoice based upon percentage of completion of the milestone(s) being invoiced. Additional work determined to be "Out of Scope" will proceed once written approval is obtained from the client or its duly authorized representative. The Compensation for Time and Materials will be billed on an hourly basis as follows: Labor Category Base Rate Director of A/E $151.69 Senior Engineer $128.91 Engineer $79.75 Design CAD $72.50 Document Administration $41.25 Full size drawings, per sheet $3.70 Half size drawings, per sheet $1.69 Letter size, pet sheet $0.10 MORGAN &Associates Civil Engineers and Land Surveyors Lee G. Mullon, PE, CFM August 9, 2017 Water Resources Engineer 6770 S. Washington Av. Ste 3 Titusville, Florida 32780 Subject: Proposal for Surveying Services Monitoring Well Locations — 7920 Orange Ave. Cape Canaveral, Fl Dear Lee, We appreciate the opportunity to provide a proposal for the survey services for the Monitoring Well Locations at 7920 Orange Ave. My understanding of the requirements for the project is as follows: Scope: • Locate the horizontal and vertical position of 5 monitoring wells. Morgan & Associates will produce a map listing the northing and easting State Plane Coordinate values NAD 83 for horizontal position and the top of well elevation for vertical position based on NAVD 1988 vertical datum. Coordinate values can be converted to latitude/longitude if so desired. Tolerances will not exceed +/- 0.1 ft horizontal, +/-0.01 feet vertical. • Deliverable will include signed & sealed sketch/aerial as well as a spreadsheet in both hard and electronic format. SCHEDULES AND FEES Schedules: Upon receipt of Owner's written authorization to proceed, Morgan & Associates will begin work immediately. If required, additional project schedules will be established as the project construction progresses and a completion timeframe is provided. Fees: We propose to provide the above services for a lump sum fee of $1,750.00. Additional services not included in the above scope will be billed at Morgan & Associates standard hourly rates or negotiated as a lump sum prior to beginning of work. Morgan & Associates fees will be invoiced monthly based on a percentage of work completed and payment will be due upon receipt. 504 N. Harbor City Blvd. • Melbourne, FL 32935 • Phone(321) 751-6088 • Fax(321) 751-6089 It is understood that any and all professional liabilities incurred by Morgan & Associates throughout the course of rendering professional services on this project shall be limited to a maximum of the net fee received by Morgan & Associates, not including reimbursable expenses and sub-consultants, for all services rendered on the project. Should it become necessary to obtain a third party to collect our fees for services, the Owner hereby agrees to pay all costs of such collections including Attorney's fees. The Owner and Morgan & Associates respectively bind themselves, their partners, successors, assigns and legal representative to the other party to this Agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants to this Agreement. Neither the Owner nor Morgan & Associates shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. The terms and conditions of this proposal are effective through September 30, 2017. Acceptance after this date may necessitate increased fees or altered conditions. Authorization of this proposal can be accomplished by the appropriate signature below and our receipt of a signed copy of this proposal. Thanks. Sincerely, ACCEPTANCE: Morgan & Associates Consulting Engineers, Inc. Chris Bowers, P.S.M. BY: Chris Bowers, PSM Vice President TITLE: DATE: 504 N. Harbor City Blvd. • Melbourne, FL 32935 • Phone(321) 751-6088 • Fax(321) 751-6089 QUOTATION: 549316 Wayne Automatic Fire Sprinklers, Inc. 222 Capitol Ct Ocoee, FL 34761-3019 Automatic Fire Sprinklers,Inc. LIFE SAFETY AGREEMENT- INSPECTION SERVICES "Your One-Stop Safety Solution to Installation, Inspections, Service and Monitoring of Fire Alarms,Security,and Fire Systems" BILL TO: JOB LOCATION: Company GEO Syntec Magnolia&Jackson ave Cape Date July 24,2017 Address 1511 E.SR 434 Magnolia&Jackson Cape Expiry Date Aug 23,2017 Sales Rep. Andy"Rein"R Rutzebeck City,State Winter Springs,FL 32708 Cape Canaveral,FL 32920 Cell Phone (407)948-6356 Contact Lee Mullen Lee Mullen Work (407)656-3030,x1537 Phone (321)249-9362 (321)249-9362 Fax (407)656-8026 Fax Email reinr@waynefire.com FIRE SPRINKLER SYSTEM INSPECTION AND TESTING FREQUENCY Description Amount Comment NFPA 25 Annual Fire Hydrant Test $200.00 Test 1 reclaim water hydrant at the corner of Magnolia&Jackson Ave.on Park property. NFPA 25 Annual Fire Backflow Certification N/I Domestic Backflow Certification N/I Other Services(Yearly Rate): N/I Annual Fire Sprinkler System Total: $200.00 Accept: Decline: (Please Initial to Accept or Decline) FIRE ALARM SYSTEM INSPECTION AND TESTING FREQUENCY Descri.tion Amount Comment NFPA 72 Annual N/I NFPA 72 Quarterly N/I NFPA 72 Semi-Annual N/I NFPA 72 Quarterly N/I NFPA 72 Annual Duct Detector Test and Inspection Nil Other Services(Yearly Rate): N/I Annual Fire Alarm System Total: $0.00 Accept: Decline: (Please Initial to Accept or Decline) MISCELLANEOUS Description Amount Comment Inspection Permitting Fees N/I Third Party Reporting Fees N/I Pre-Engineered Fire Suppression System N/I NFPA 10 Annual Fire Extinguisher Certification N/I Fire Extinguisher Certification Annual Certification Inspection,State Tag and State Seal N/I 6 yr Maintenance/12 yr Hydrostatic Test N/I Exit/Emergency Light Test and Inspections N/I Other Services(Yearly Rate): N/I Miscellaneous Total: $0.00 Accept: Decline: (Please Initial to Accept or Decline) *N/I=Not Included NOTES: PAGE 1 OF 3 Printed July 24,2017 "WAFS Means Service" TERMS AND CONDITIONS(JANUARY 2013) QUOTATION 549316 AUTHORIZATION:The person executing the Life Safety Agreement("Agreement")on behalf of the Customer/Subscriber of the subject systems,expressly warrants and covenants that he/she is the authorized representative of the Owner of the premises and is authorized to enter into this Agreement for and on behalf of the Owner or Owner's Designee and to bind Owner or Owner's Designee to all terms herein. SCOPE: Customer/Subscriber may contract in the Agreement for one or more of the following services: fire sprinkler inspection, fire alarm inspection, and fire extinguisher inspection.The provisions of the General Terms and Conditions apply to all services provided and by Wayne Automatic Fire Sprinklers,Inc.("WAFS") under the Agreement except as indicated otherwise in the General Terms and Conditions. This Agreement contains the entire understanding and final expression of Agreement and supersedes and replaces any previous agreements,promises or representations between the parties. This Agreement may be amended only in a writing signed by both parties. LIMITATION OF LIABILITY AND WARRANTIES: CUSTOMER/SUBSCRIBER UNDERSTANDS AND AGREES THAT WAFS MUST LIMIT ITS LIABILITY UNDER THIS AGREEMENT IN ORDER TO KEEP ITS PRICING REASONABLY AFFORDABLE. ACCORDINGLY, UNDER NO CIRCUMSTANCES SHALL WAFS' LIABILITY FOR ANY CLAIM, CAUSE OF ACTION, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ANY CLAIMS FOR BODILY INJURY,WRONGFUL DEATH,PROPERTY DAMAGE,PROPERTY LOSS AND/OR ATTORNEY'S FEES)ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE TOTAL SUM OF FIFTY THOUSAND DOLLARS ($50,000.00). THE CUSTOMER/SUBSCRIBER UNDERSTANDS AND AGREES THAT WAFS HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF ANY KIND OR TYPE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY AND ANY IMPLIED WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE. THE CUSTOMER/SUBSCRIBER FURTHER UNDERSTANDS AND AGREES THAT WAFS MAKES NO EXPRESS WARRANTIES AS TO THE SERVICES RENDERED OR EQUIPMENT LEASED AND THAT NO REPRESENTATIVE OF WAFS HAS ANY AUTHORITY TO MAKE ANY WARRANTIES OR OTHERWISE VARY THE TERMS OF THIS AGREEMENT. WORK OF OTHERS AND EXISTING FIRE PROTECTION SYSTEM: WAFS makes no wan-anty as to the quality of work performed by others or the functionality and design of the originally installed fire protection system(s)that are subject to this Agreement.WAFS makes no wan-anties,express or implied,regarding the adequacy,performance or condition of any fire protection or notification equipment. WAFS cannot and does not guarantee that loss or damage will not occur. WAIVER OF SUBROGATION: WAFS is not an insurer against loss or damage that may be suffered by Customer/Subscriber. Sufficient property and bodily injury insurance shall be obtained by and is the sole responsibility of Customer/Subscriber.Customer/Subscriber agrees to rely exclusively on Customer/Subscriber's insurer to recover for bodily injuries or property damage in the event of any loss or injury to the premises or property therein.Customer/Subscriber does hereby,for itself and all others claiming by or through it under this Agreement,release and discharge WAFS from and against all damages,costs or expenses covered by Customer/Subscriber's insurance,it being expressly agreed and understood that no insurance company,insurer,surety or other entity/individual will have any right of subrogation against WAFS or any employee,agent,officer,director,shareholder,affiliate or independent contractor of WAFS. SEVERABILITY: If any provisions of the entire Agreement shall be invalid or unenforceable under the laws of the jurisdiction applicable to the Agreement, such invalidity or unenforceable provision(s) shall be severed from the Agreement and the Agreement shall be construed as if not containing the particular invalid or unenforceable provision or provisions,and the rights and obligations of WAFS and the Customer/Subscriber shall be construed and enforced accordingly. TERM OF AGREEMENT/RENEWALS:The term of this Agreement shall be for a period of one year unless noted otherwise.This agreement shall renew on a yearly basis under the same terms and conditions,unless either party gives written notice to the other by certified mail,return receipt requested,of their intention not to renew the Agreement at least 30 days prior to the expiration of any term. CANCELLATION: This contract may be cancelled by either party with thirty(30)days written notice to the other provided the contract term length is met. INSPECTION NOTIFICATION: Prior to WAFS performing any tests,the Customer/Subscriber must notify any alarm monitoring company,the local fire department, and all occupants and tenants. ADDITIONAL EQUIPMENT: In the event additional equipment is installed or the systems are modified after the date of this Agreement,the annual inspection charge shall be increased in accordance with WAFS's prevailing rates as of the first inspection of the additional equipment/modification. SCOPE OF INSPECTION: The inspection and testing services provided by this Agreement are designed to determine the functionality of the inspected systems at the time of the inspection/test.The inspection and testing provided under this Agreement do not include:maintenance,repairs,alterations,or replacement of parts or any other field adjustments; daily, weekly or monthly inspection requirements and/or maintenance per NFPA 25 and/or 72; obstruction investigation or prevention; fire pump maintenance;testing of fire hoses;freeze plug inspection;or internal pipe inspection. WAFS may choose to offer such services at an additional charge and pursuant to a separate written agreement,but is not obligated under this Agreement to do so.The inspections and testing provided under this Agreement are NOT a system survey or engineering analysis of the system,its installation and/or its design.Any suggested improvements itemized on an inspection and/or testing report does not constitute an engineering review as such items are not part of the NFPA required inspection and test; such items will be noted as an inspection Observation.Inspection and testing services under this Agreement are not intended to reveal design or installation flaws or code compliance violations.WAFS makes no guarantee or assurance that all defects or deficiencies in the systems have been identified and itemized. The scope of work under this Agreement is limited to the provision of inspection and testing services. WAFS is not required to move personal property,equipment,walls, and ceilings or like materials which may impede access or limit visibility. Portions of systems that are latent or concealed are excluded from the inspection. Customer/Subscriber is responsible for the applicable NFPA 25 and 72 line items requiring test and inspection in intervals greater than the annual testing frequency(this includes the test and inspection of items such as,but not limited to,smoke detector sensitivity,fire sprinkler heads,three-and five-year inspections,sound pressures,etc.) unless otherwise specified in the Agreement. ADDITIONAL PAYMENTS:In addition to the payments set forth herein,Customer/Subscriber agrees to be liable for and pay to WAFS any excise,sales,property,or other tax, telephone line charges, backflow permitting, third party reporting fees, and any increases thereof, which may be imposed upon WAFS because of this Agreement unless otherwise stated within the Agreement.Should WAFS be required by existing or hereinafter enacted law to perform any service or furnish any material not specifically covered by the terms of this Agreement Customer/Subscriber agrees to pay WAFS for such service or material. WATER SUPPLY:Testing and treatment of the water supply,and any costs associated therewith,are not covered by this Agreement and are the sole responsibility of the Customer/Subscriber. WAFS recommends that the water supply be tested and treated, where necessary, for any microbiological organisms that may influence corrosion,and will provide such services upon execution of a separate written Agreement. WATER DISCHARGE: WAFS will make every reasonable effort to prevent the discharge of water into or onto areas of landscaping, decorative pavement, etc. Customer/Subscriber must provide sufficient and readily accessible means to accept the full flow of water that may be required by tests as determined by the type of inspection and accepts all liability arising out of or relating to water discharge. PAGE 2 OF 3 Printed July 24,2017 "WAFS Means Service" TERMS AND CONDITIONS(JANUARY 2013) QUOTATION 549316 LOCATION OF DEVICES: Customer/Subscriber is responsible for locating and/or identifying all devices that are not visibly marked,such as duct detectors,damper controls,drum drips,low point drains,etc. DRY PIPE SYSTEM: Customer/Subscriber is aware that dry pipe sprinkler systems must be drained after each operation of the dry valve to remove water from the system as residual water may freeze,cause damage to the pipes or other components,and cause significant water damage to the premises and property therein.During the inspection and testing of dry pipe systems,WAFS will utilize all accessible low point auxiliary drains and/or drum drips so that the residual water can be drained. DUCT DETECTORS: If testing of Duct Detectors is included in this Agreement,the testing of the Duct Detectors will be limited to testing at floor level using approved smoke devices to test the entry of smoke into the sensing chamber of the Duct Detector head and through the use of remote testing key switches unless otherwise specified in the Agreement. Testing of the air flow across the sampling tube is not included in this Agreement. ATTICS:To the extent that any attic is included in the agreement,only such equipment as is safely visible and accessible from the floored area of the attic will be subject to the Agreement. NFPA 25 and 72:Customer/Subscriber has reviewed and is familiar with the National Fire Protection Association Standards 25&72(NFPA 25&72)and understands the requirements and consequences of failure to comply with the requirements therein. Customer/Subscriber shall comply with the requirements of NFPA 25 &72. Customer/Subscriber is responsible for maintaining all fire protection equipment and all alarm equipment and components in good,working order as outlined in the applicable NFPA Standards and any and all local rules,codes or standards applicable to the jurisdiction where the system(s)is/are located. SCOPE OF FRE EXTINGUISHER INSPECTION: NFPA 10 is the standard for portable fire extinguishers and inspection services related to Customer/Subscriber's fire extinguishers shall be provided in accordance with NFPA 10. Customer/Subscriber is familiar with NFPA 10, its requirements and Customer/Subscriber's responsibility and duties pursuant to NFPA 10. Services provided under this Agreement do not include an analysis or survey of the fire hazard and appropriate selection of fire extinguishers relative to the particular classification of hazards. Such analysis and survey can be performed pursuant to a separate,written agreement. The scope of this inspection is limited to the inspection, and maintenance (as defined by NFPA 10, Section 3.3.15) of the fire extinguishers in place at Customer/Subscriber's inspection location. Customer/Subscriber acknowledges that it is the Customer/Subscriber's responsibility to assure that inspection,maintenance and recharging of fire extinguishers occurs. FIRE EXTINGUISHER SERVICES/FREQUENCY: The inspection and maintenance(as defined by NFPA 10,Section 3.3.15)provided pursuant to this Agreement shall be provided on an annual basis only pursuant to NFPA 10, Section 7.3.1.1.1. All other inspections and monitoring required to be performed monthly or more frequently than at one year intervals shall remain the sole responsibility of Customer/Subscriber unless this Agreement specifically provides for fire extinguisher inspections and services at intervals more frequently than on an annual basis. CONTRACT TOTAL(EXCLUDES APPLICABLE TAXES) Total annual cost if paid according to the above breakdown: $200.00 ACCEPTANCE OF QUOTATION,TERMS AND CONDITIONS: WAYNE AUTOMATIC FIRE SPRINKLERS,INC.: Name: WAFS Rep: Andy'Rein"R Rutzebeck Print Name/Title: Title: Life Safety Specialist Date: Date: July 24,2017 PLEASE FAX ALL PAGES TO(407)656-8026 OR EMAIL:reinr@waynefire.com Note:This proposal may be withdrawn by Seller if not accepted by the expiry date indicated on page one. Payment to be made as follows: NET 30. Visa, MasterCard,American Express,and Discover Card accepted. Corporate Office Tampa Fort Myers Pompano Jacksonville North Carolina 222 Capitol Ct 3226 Cherry Palm Dr 4683 Laredo Ave 3121 NW 16' Ter 11326 Distribution Ave W 4370 Motorsports Dr SW Ocoee,FL 34761-3019 Tampa,FL 33619-8337 Fort Myers,FL 33905-4924 Pompano Beach,FL 33064-1408 Jacksonville,FL 32256-2745 Concord,NC 28027-8977 Alabama A-0457 Florida EF20001320 Georgia LVA205941 North Carolina 29611-SP-FA/LV South Carolina FAC.3385 M PAGE 3 OF 3 Printed July 24,2017 "WAFS Means Service" Proposal for City Park Reclaimed Effluent Disposal Design Ge o syntec° City Park Storm water Retrofit Cape Canaveral,Florida consultants August 31,2017 Appendix A engineers I scientists I innovators Geosyntec 6770 South Washington Avenue Suite 3 Titusville,Florida 32780 consultants PH 321.269.5880 www.geosyntec.com MEMORANDUM DATE: July 11, 2017 TO: Jeff Ratliff, Public Works Services Department Capital Projects Director City of Cape Canaveral 601 Thurm Blvd. Cape Canaveral, Florida 32920 FROM: Lee Mullon, PE, CFM - Geosyntec Consultants Matt Wissler, PG, - Geosyntec Consultants SUBJECT: City Park Reclaimed Effluent Surplus Disposal Memorandum Introduction and Background This memo represents the summary of findings related to the permitting feasibility and conceptual improvements of a reclaimed water discharge to the City Park exfiltration facility. The City Park stormwater exfiltration project is located beneath the ball fields of the City Park, located within the City limits and bounded by Monroe Avenue (north), Harrison Avenue (south), Orange Avenue (west), and Magnolia Avenue (east). Refer to Figure 1 for a Vicinity and Groundwater Well Map.The facility was designed to capture stormwater runoff, generated from an approximate 30 acre urban watershed, in a 2.86 acre-feet (0.93 million gallons) underground chamber system and infiltrate into the shallow groundwater table. By capturing stormwater runoff in the exfiltration system, the City reduced pollutant loading discharges to the Banana River Lagoon by an estimated 324 lbs and 76 lbs of total nitrogen (TN) and total phosphorus (TP),respectively.This project was constructed to meet the City's Basin Management Action Plan (BMAP) nutrient reduction requirements. Construction was completed in early 2017. The City currently operates a water reclamation facility (WFR) (NPDES permit FL0020541). The facility has a 0.99-MGD annual average daily flow (AADF) permitted discharge to the Banana River.Per the Banana River Lagoon total maximum daily load (TMDL),the long-term annual average facility discharge concentrations are 1.05 and 0.11 mg/l of TN and TP, respectively, which meet the state's advanced wastewater treatment standard (AWTS) for nutrient concentration of wastewater discharge. The facility uses the reclaimed water as a engineers I scientists I innovators 1 City Park Reclaimed Effluent Surplus Disposal Memorandum July 2017 Geosyntec 1 consultants utility to residents and businesses within the reclaimed distribution area, and is used primarily as an alternative irrigation water source. The irrigation/reclaimed water demand, however, does not meet the available reclaimed water supply and the City disposes the surplus reclaimed effluent directly to the Banana River Lagoon. Per the TMDL, the facility has a long-term annual mean TN loading of 1,475 lbs/yr and a TP loading of 161 lbs/yr,with allocated loads of TN and TP in the BMAP of 2,151 and 158 lbs/yr of TN and TP, respectively into the Banana River Lagoon. Therefore, any effluent disposal practice that reduces Banana River Lagoon discharges would reduce the associated nutrient pollutant loading. The City is interested in using the City Park exfiltration system as an alternative reclaimed effluent discharge location. The City Park is within the existing reclaimed distribution area, with a 4" reclaimed pipe currently providing the park's irrigation supply. This reclaimed irrigation pipe can be used to discharge surplus irrigation supply directly into the exfiltration reservoir and infiltrate into the in-situ soils and shallow groundwater, relieving a portion of the WRF's reclaimed supply and therefore reduce Banana River Lagoon pollutant loadings. The following details the conceptual improvements to implement the proposed reclaimed discharges, as well as summaries of the pre-application meetings held with the St. Johns River Water Management District (SJRWMD) and Florida Department of Environmental Protection (FDEP). Conceptual Improvements The conceptual improvements consist of connecting to the existing 4 inch reclaimed service line located at the existing hydrant at the southwest corner of Magnolia Ave and Jackson Ave. The new reclaimed line would then extend west to an underground concrete junction structure that would house the control valve, an inline flow meter and a 90° tee. The reclaimed line would then split downstream of the 90° tee and discharge to upstream manholes at each exfiltration field (north field and south field).The discharge ends would be on the downstream side of the internal baffle weirs and would discharge to the primary exfiltration field and not discharge to the exfiltration isolator rows. The purpose of discharging to the downstream side of the weir is to maintain reclaimed discharges to the exfiltration system and prevent backflow of reclaimed water to the upstream storm sewer system. Because the reclaimed water has been treated to AWTS,sedimentation loading is not anticipated to be a concern. See Figure 2 for the conceptual improvements map and Table 1 for a summary of potential pollutant loading reductions to the Banana River as a result of the implementation of this project.Note that Table 1 is based on historic data provided by the City,with the assumption that reclaimed water discharges will only occur during the dry season. Actual discharge times and volumes will vary from year to year based on demand, site conditions and permitting conditions. To add efficiency and convenience to City staff, it is proposed that the valve controlling the discharge be equipped with a remote-controlled actuating device. The device would consist of an actuated butterfly valve, or similar, that would open and close the valve via remote telemetry(e.g., cellular modem). City staff would then be able to control the valve via a smart phone or computer with internet/cellular capabilities.This permits near real-time control of the reclaimed discharges without needing to mobilize staff to manually open and close the 2 engineers I scientists I innovators City Park Reclaimed Effluent Surplus Disposal Memorandum July2017 Geosyntec 1 consultants valve. The actuating valve would require a power source of either direct line from a nearby City Park electrical source or can be operated using solar power. In the case of a power failure, an override mechanism would allow for manual operation of the valve. To prevent discharges of reclaimed water to the surrounding City storm sewer system during periods when the exfiltration fields are full of stormwater (after or during a storm event), level sensors are proposed to be installed at each discharge manhole. The level sensors will detect level within the exfiltration manhole (and thereby estimate the volume available in the exfiltration system) and will connect to a control panel that can be mounted above ground or within the concrete junction structure. When the levels exceed a certain height (e.g., top of weir), the actuating valve will automatically close and will not open until the levels have dropped. The level sensors in the exfiltration can have a power loss fail safe included, that would cause remote operation of the system to cease, requiring manual operation of the valve. SJRWMD Pre-Application Meeting Summary The City and Geosyntec Consultants (Geosyntec) met with SJRWMD staff on Wednesday June 14, 2017. SJRWMD staff included Fariborz Zanganeh and Gretchen Kelley. The following is a summary of the relevant permitting issues: • The proposed discharge plan can be permitted through SJRWMD as an individual environmental resources permit. • The permit fee is $490. • The permit application would need to include a pollutant loading analysis of the proposed reclaimed discharge plan. The pollutant loading analysis would need to demonstrate a net benefit to pollutant loadings and not result in increased pollutant loadings being discharged to the Banana River Lagoon. Note that the pollutant loading analysis would need to consider stormwater flows in the analysis, and could not simply use the potential pollutant reductions shown in Table 1. • The permit would need to show the proposed improvements in the form of construction plans. FDEP Pre-Application Meeting Summary The City and Geosyntec met with FDEP staff on Wednesday, June 28, 2017. FDEP staff included Charles Legros, Dennise Judy, Mary An Kraus, Wanda Parker-Garmin, and Megan Warr. The following is a summary of the relevant permitting issues identified during this meeting: Groundwater • FDEP will require at least one background and one compliance well location. Figure 1 shows a map of the known or abandoned groundwater wells in the vicinity of the City Park. • Direction of groundwater flow needs to be determined before determination of these locations. • One round of sampling is needed prior to reclaimed water discharge. 3 engineers I scientists I innovators City Park Reclaimed Effluent Surplus Disposal Memorandum July2017 Geosyntec t) consultants Permitting • Existing permitted discharges of 0.99 MGD will not be altered (discharges to the Banana River Lagoon will reduce as a result of this project). • A maximum of 9 inches per day of infiltration is allowable without additional reclaimed water treatment (which the City already performs). • Minor revision of existing permit is all that will be needed with a $500 fee. • Discharge location will be part of the public access reuse system. • Duration and discharge of reclaimed water will need to be reported only if reclaimed water overflows the exfiltration and discharges downstream via storm sewer and controlling weirs (located at Madison Avenue structures)to the Banana River Lagoon. Given the configuration of the system, and that the City is not planning to discharge reclaimed water when the exfiltration is full, this scenario is unlikely to occur. Note that if the City proceeds with the conceptual improvement plan, reclaimed water discharges to the Banana River Lagoon would not occur and reporting should therefore never be required. • System will be permitted as a Rapid Infiltration Basin (RIB) as outlined in 62-610 (Part IV) • Engineering Report as outlined in 62-610.310 will be needed for permitting. • An air gap, or other backflow prevention strategy, will be needed at the point of discharge. Conclusions Based on the results of the pre-application meetings with the SJRWMD and FDPEP, the permitting of the proposed reclaimed discharges to the exfiltration system is viable.SJRWMD will require a new individual environmental resources permit and FDEP will require a modification of the existing NPDES permit. Both SJRWMD and FDEP will require engineering analysis, documentation and construction plans/details prepared by a registered Florida Engineer. For FDEP, additional monitoring wells will be required to document baseline conditions and to monitor post-construction. For SJRWMD, the pollutant loading analysis will need to include an estimate of flow rate generation from the existing reclaimed system, as well as a stormwater loading reduction analysis to the Banana River Lagoon. A hydrant flow test will therefore be necessary to determine anticipated discharge rates. Based on the foregoing, Geosyntec recommends proceeding with the design and permitting of the conceptual improvements in Figure 2. These improvements provide a convenient means to remotely control an actuating valve that will control reclaimed discharges to the City Park exfiltration and prevent excess reclaimed water from discharging to the Banana River Lagoon. These improvements are anticipated to significantly reduce the TN and TP discharges to the Banana River Lagoon. 4 engineers I scientists I innovators City Park Reclaimed Disposal Geosyntec City of Cape Canaveral consultants Table 1:Potential Pollutant Reductions Flows Monthly Average Total Phosphorus Total Nitrogen Total Average Total Average Inf.MGD Inf.MGD TP Mass Loading to River(lb/day) TN Mass Loading to River[Ib/day] Month-Year Div.to Park Net Benefit Net Benefit River Reuse Reuse Eff.(mg/L) Eff.(mg/L) (MGD) River(MGD) (MGD)* (MGD) (MGD) Mon.Total Mon.Avg. Currently After Diversion Net Benefit (lb/month) Currently After Diversion Net Benefit (Ib/month) 100-14 10.243 0.330 0.288 19.318 0.623 32.198 1.039 0.042 0.116 0.015 0.101 3.129 3.060 8.427 1.073 7.355 227.994 Feb-14 12.339 0.441 0.288 16.962 0.606 32.309 1.154 0.051 0.188 0.065 0.123 3.432 1.195 4.398 1.526 2.872 80.420 Mar-14 14.069 0.454 0.288 21.220 0.685 37.510 1.210 0.078 0.296 0.108 0.187 5.812 0.828 3.137 1.147 1.990 61.692 Apr-14 6.654 0.222 0.222 25.116 0.837 34.417 1.147 0.054 0.100 0.000 0.100 3.001 0.763 1.414 0.000 1.414 42.408 May-14 1.773 0.057 0.000 30.593 0.987 32.727 1.056 0.033 0.016 0.016 0.000 No Diversion 1.100 0.523 0.523 0.000 No Diversion 100-14 0.000 0.000 0.000 31.100 1.037 31.289 1.043 0.000 0.000 0.000 0.000 No Diversion 0.000 0.000 0.000 0.000 No Diversion 101-14 3.210 0.104 0.000 30.400 0.981 35.784 1.154 0.267 0.232 0.232 0.000 No Diversion 0.656 0.569 0.569 0.000 No Diversion Aug-14 1.629 0.053 0.000 30.684 0.990 33.085 1.067 0.121 0.054 0.054 0.000 No Diversion 1.970 0.871 0.871 0.000 No Diversion Sep-14 4.846 0.162 0.000 28.183 0.939 34.085 1.136 0.560 0.757 0.757 0.000 No Diversion 3.400 4.597 4.597 0.000 No Diversion Oct-14 6.180 0.199 0.000 28.925 0.933 35.559 1.147 0.000 0.000 0.000 0.000 No Diversion 0.000 0.000 0.000 0.000 No Diversion Nov-14 7.111 0.237 0.237 24.269 0.809 34.165 1.139 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Dec-14 14.732 0.475 0.288 20.423 0.659 38.360 1.237 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Jan-15 12.674 0.409 0.288 24.165 0.780 39.160 1.263 0.123 0.420 0.124 0.296 9.164 1.293 4.413 1.306 3.108 96.339 Feb-15 15.165 0.542 0.288 19.514 0.697 36.424 1.301 0.025 0.113 0.053 0.060 1.682 1.410 6.378 2.989 3.389 94.889 Mar-15 4.617 0.149 0.149 34.515 1.113 39.009 1.258 0.078 0.097 0.000 0.097 3.007 1.435 1.784 0.000 1.784 55.316 Apr-15 3.861 0.129 0.129 31.097 1.037 34.788 1.160 0.093 0.100 0.000 0.100 3.004 1.300 1.400 0.000 1.400 41.986 May-15 0.000 0.000 0.000 31.490 1.016 32.701 1.055 0.000 0.000 0.000 0.000 No Diversion 0.000 0.000 0.000 0.000 No Diversion 100-15 0.000 0.000 0.000 30.510 1.020 31.770 1.060 0.000 0.000 0.000 0.000 No Diversion 0.000 0.000 0.000 0.000 No Diversion 101-15 4.971 0.160 0.000 28.859 0.931 32.830 1.059 0.000 0.000 0.000 0.000 No Diversion 0.000 0.000 0.000 0.000 No Diversion Aug-15 11.080 0.360 0.000 23.010 0.740 39.060 1.260 0.307 0.922 0.922 0.000 No Diversion 2.728 8.196 8.196 0.000 No Diversion Sep-15 12.458 0.415 0.000 20.369 0.679 35.003 1.167 0.081 0.281 0.281 0.000 No Diversion 1.296 4.488 4.488 0.000 No Diversion Oct-15 4.125 0.133 0.000 31.942 1.030 35.765 1.154 0.116 0.129 0.129 0.000 No Diversion 2.845 3.158 3.158 0.000 No Diversion Nov-15 3.359 0.112 0.112 28.467 0.949 35.345 1.178 0.310 0.290 0.000 0.290 8.693 4.945 4.622 0.000 4.622 138.661 Dec-15 11.604 0.374 0.288 22.027 0.711 36.188 1.167 0.282 0.880 0.202 0.678 21.011 2.358 7.360 1.692 5.667 175.689 100-16 15.692 0.506 0.288 17.484 0.564 39.117 1.262 0.104 0.439 0.189 0.250 7.749 1.726 7.289 3.140 4.148 128.600 Feb-16 16.134 0.556 0.288 20.068 0.692 39.151 1.350 0.150 0.696 0.335 0.361 10.095 1.221 5.665 2.731 2.935 82.170 Mar-16 8.659 0.279 0.279 30.094 0.971 38.765 1.250 0.365 0.850 0.000 0.850 26.345 1.254 2.920 0.000 2.920 90.513 Apr-16 10.071 0.336 0.288 21.372 0.712 35.189 1.173 0.111 0.311 0.044 0.267 8.004 2.270 6.365 0.909 5.456 163.677 May-16 3.300 0.106 0.000 25.840 0.830 34.400 1.110 0.470 0.416 0.416 0.000 No Diversion 3.293 2.913 2.913 0.000 No Diversion 100-16 3.091 0.103 0.000 27.563 0.919 33.386 1.113 0.129 0.111 0.111 0.000 No Diversion 1.090 0.937 0.937 0.000 No Diversion 101-16 0.000 0.000 0.000 31.953 1.031 33.586 1.083 0.000 0.000 0.000 0.000 No Diversion 0.000 0.000 0.000 0.000 No Diversion Aug-16 0.000 0.000 0.000 31.875 1.028 32.452 1.047 0.000 0.000 0.000 0.000 No Diversion 0.000 0.000 0.000 0.000 No Diversion Sep-16 11.720 0.390 0.000 24.100 0.800 39.680 1.320 0.202 0.657 0.657 0.000 No Diversion 2.230 7.258 7.258 0.000 No Diversion Oct-16 32.720 1.060 0.000 16.500 0.530 49.260 1.590 0.123 1.088 1.088 0.000 No Diversion 2.590 22.911 22.911 0.000 No Diversion Nov-16 6.510 0.220 0.220 26.490 0.880 37.620 1.250 0.099 0.182 0.000 0.182 5.453 2.053 3.769 0.000 3.769 113.079 Dec-16 5.740 0.190 0.190 24.660 0.800 65.880 1.160 0.108 0.171 0.000 0.171 5.309 2.292 3.634 0.000 3.634 112.662 Jan-17 9.600 0.310 0.288 22.560 0.730 35.390 1.140 0.092 0.238 0.017 0.221 6.855 2.962 7.663 0.544 7.119 220.692 Feb-17 8.330 0.300 0.288 25.370 0.910 32.540 1.160 0.076 0.190 0.008 0.183 5.115 1.058 2.649 0.106 2.543 71.201 Mar-17 4.650 0.150 0.150 33.780 1.090 36.450 1.180 0.050 0.063 0.000 1 0.063 C 1.940 2.023 2.532 0.000 1 2.532 C 78.505 ∑ 139 ∑ 2076 *Assumed discharge capacity of 200 gallons per minute.Actual discharge rates will need to be determined via a hydrant flow test. No diversion is defined as no reclaimed discharge to the exfiltration Diversion of wastewater effluent from the river to City Park would result in the following nutrient mass loading reductions to the river. Total Phosphorus Net Benefit(load reduction)=139 lbs over 39 months(3.25 years)=42.7 lbs/year Total Nitrogen Net Benefit(load reduction)=2076 lbs over 39 months(3.25 years)=639 lbs/year Page 1 [a map] MUMLLTET RD. _ { SCALLOP CR aims:glom i e p7,--..-7h4 - _ t e '[7:11. .s. JETTVDR _ 1 •4*.'f MWC-2 WWTP Permit .1L _ ." 1' , r Com' , 41.6,0- J .r'44 -1- .- Monitoring Well 10 Il 11 "f 1 .1,—; r- _ 411+1 •' '4 . >. ' i•r'• l 528 HWV' , / . © SCRr. \` H i I i f I' — .7 SHOREWOOD DE_ix__ SEAPO EggID • Q . . •.t. ".. ' Q Mai PARK eQ MWB-1 WWTP Permit ' I t. ! 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Cape Canaveral,Florida Source d ' ,,..ii .J " :I 1 Aerial:ESRI World Imagery,2017 0 % 1 - - -Jilt 111 - •a - - Geos CeC D `d,` Figure Storm:City of Cape Canaveral,2017 ' - 1consultantsHARRISON AV 1 2 f, AMA- .MIK 1010 - ft be,:SA C°-lcit I L. Geo Eye,Ea"tGiF '+p "OXu, css N Titusville,FL July 2017 City of Cape Canaveral [city seal] City Council Agenda Form City Council Meeting Date: 10/17/2017 Item No. 9 Subject: Approve Task Order No. 5 in the amount of $73,950 to Quentin L. Hampton and Associates, A Mead & Hunt Company, for engineering design, permitting, bidding and construction monitoring services for the replacement of Force Main No. 3 and authorize City Manager to execute same. Department: Public Works Services Summary: Force Main No. 3, constructed of 10" diameter asbestos/concrete pipe and PVC, is over 25 years old and requires replacement due to a number of line breaks(Attachment#1). The line extends from Lift Station No. 3 (located at the Central Ditch on West Central Boulevard), east beneath SR A 1 A to Thurm Boulevard. Since the line takes a circuitous route to Thurm Boulevard,an alternative route will be investigated during the engineering design phase.Results of the investigation may also prove that directional drilling of a new force main may be more economical and practical than standard excavation/installation practices. The work further involves the installation of air release valves,isolation valves, valve boxes,adapters,fittings and all appurtenances required for a fully functioning system. The Force Main will be replaced with 12"diameter plastic pipe in anticipation of future development in the area.Replacement of Force Main No. 3 is part of the City's Capital Improvement Plan to replace force mains throughout the City. Force Main No. 7 will be replaced in FY2018-2019. A cost estimate has been prepared by Quentin L. Hampton and Associates, A Mead & Hunt Company (QLH), for replacement of Force Main No. 3 (Attachment#2). After review of engineering firm qualifications for similar-type projects completed in other municipalities, Staff selected QLH of Port Orange, Florida to perform the project tasks. QLH is one of the engineering firms selected by the City for Professional Engineering/Surveying, Planning, Consulting and Architectural Services in Request for Qualifications #2011-01. A Master Services Agreement for these services has been signed between the City and QLH. Submitting Department Director: Ralph Lotspeich Date: 10/10/2017 Attachment: #1 —Force Main No. 3 Route #2 - QLH Cost Estimate Financial Impact: $73,950 to Quentin L. Hampton and Associates,A Mead&Hunt Company, for engineering design, permitting, bidding and construction monitoring services for the replacement of Force Main No. 3 funded by the Wastewater Fund; Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 10/10/17 The City Manager recommends that City Council to the following actions: Approve Task Order No. 5 in the amount of$73,950 to uentin L. Hampton and Associates,A Mead & Hunt Company, for engineering design, permitting, bidding and construction monitoring services for the replacement of Force Main No. 3 and authorize City Manager to execute same. Approved by City Manager: David L. Greene Date: 10/10/2017 Attachment #1 Force Main No, 3 Route [city seal] Force Main #3 Replacement Project N (Line Breaks Denoted in White) t otfri. ' t: , r. --", \ . -- t4r. Fry,sof#5 _ l14444:. -, ..... •'' - - 111:' - .. Wail._ ... ...i ,....- , ; .„ . .4 . ,,,, --Pft 4 ricA .... J • T4. e n 111 June 2017 . . . Ll'hili 1;1'. . _r .- ,„ ,. 0 August 2012 ,d5 - • ••\ )16. , te* { 1 w : __# - Lift state : it- , , 0" IFJ A .... 40". ;N _ , -.V' . _ s . , Central Boulevard s t rrier .fir- . _de r" • hnalogi • f • ,. 'n N• 3, - ilitj ° kii:d j:. -..f.. .."' - - - 0 _. A..1 • • Possible e s FY IIM. Ne% ' .4 414 . fihl .071 u v Niop IOW', Force_ .. - . 6:: p k.'""' t-dr iii iplit p. - 'Ili ', , -'. •.:Route\ - UIrp .,, r ,s Attachment #2 QLH Cost Estimate QLH Quentin L. Hampton Associates Civil and Environmental Engineers A Mead&Hunt Company October 2, 2017 Mr. Jeff Ratliff Email: jratiiffOcityorcapecanaverai.orQ. Capital Projects Director Hard Copy Mailed Only on Request City of Cape Canaveral 601 Thurm Blvd. Cape Canaveral, FL 32920 RE: LIFT STATION #3 FORCE MAIN REPLACEMENT Dear Mr. Ratliff: Enclosed is our proposed task order for the above referenced project. The scope of work includes the work that is necessary for the design, permitting, bidding assistance and construction phase services for the project. Please review the task order and return one executed copy if found acceptable. Contact our office if you have any questions or need additional information. Sincerely David A. King, P.E. Andrew M. Giannini, P.E. Vice President/Business Unit Leader Project Manager DAK/AMG:bf Enclosures cc: QLH files P.O. Box 290247 Phone:(386) 761-6810 Port Orange, Florida 32129-0247 Fax: (386) 761-3977 www.gtha.com TASK ORDER NO. TO AGREEMENT FOR ENGINEERING SERVICES QLH,A MEAD & HUNT COMPANY(QLH)AND CITY OF CAPE CANAVERAL, FLORIDA This Task Order constitutes a supplemental agreement to the Agreement for Engineering& Surveying Services between the City of Cape Canaveral (CITY) and QLH,a Mead & Hunt Company (QLH),dated June 6, 2011 and amended on January 19, 2016 and on April 24, 2017. PROJECT: Lift Station #3 Force Main Replacement Execution of this Task Order by the City, shall serve as authorization for Engineer to provide professional services for the above project. RESPONSIBILITY OF THE ENGINEER: Engineer shall provide said professional services pursuant to the Agreement. RESPONSIBILITY OF THE CITY: Provide the Engineer the necessary guidance regarding design variations upon presentation and recommendation of such from the Engineer. BACKGROUND: The City has planned for the replacement of this force main which is in poor condition and has been subject to recent numerous breaks. The City previously contracted with a previous consultant to design a replacement force main along an alignment across private property. Due to constraints required in the easement acquired for that route,the City now desires to replace the force main along the existing alignment. SCOPE OF WORK: Survey: QLH will utilize Kugelmann Surveying, Inc. or other survey subconsultant to collect an existing conditions survey of the proposed route. The survey will include collection of topographic conditions,existing improvements and underground facilities as marked by the City and private utilities. Geotechnical Investigations: QLH will utilize Ardaman and Associates, Inc. to conduct a geotechnical investigation of the proposed route, specifically in area of SRA1A crossing due to FDOT requirements. Subsurface Utility Engineering (SUE): QLH will utilize vacuum excavation equipment to locate proposed piping tie in points and other items critical to the design. One (1)day of SUE equipment/labor is included. Design: QLH will prepare the required civil design products including construction drawings and specifications. QLH will also prepare construction cost estimates. Submittals to the City will be made at 60%and 90% design phases to solicit City review and comments. QLH will meet with City staff upon submittal of design products and throughout design as needed. Permitting - QLH will prepare permit application packages, including engineering design calculations for the following permits: • FDEP Wastewater Collection System Construction Permit • FDOT Utility Permit QLH will respond to all reasonable Requests for Additional Information (RAIs).The City will be responsible for all permit application fees. Bidding and Construction Phase Assistance: Bidding: QLH shall assist the City in the public bidding of the project by completing the following work items: • Preparation of bidding documents per CITY standards • Distribution of electronic bidding documents to potential bidders/plan rooms, if required • Preparation/Issuance of any addenda • Addressing of all potential bidder quotations • Attend pre-bid meeting • Review received bids • Prepare certified bid tabulation • Investigate low bidder(s) qualifications • Prepare bid award recommendation letter Construction Contract Administration: QLH will provide the following services during the construction phase: • Coordinate execution of contracts • Schedule and preside over preconstruction conference • Issue Notice to Proceed to Contractor • Review shop drawings/material submittals • Address Contractor/CITY questions • Twice per month site visits • Review of monthly Contractor pay requests • Review of Contractor as-built drawings • Review change orders • Prepare final record drawings, utilizing Contractor as-builts and inspector sketches,etc. • Determine substantial completion. • Provide final inspection • Recommend final payment • Coordinate execution of final paperwork • Provide Certificate of Completion to permitting agencies. Construction Project Representative: QLH will provide a qualified part-time inspector to provide the following services during the construction phase: • Attend pre-construction conference • Assist Engineer with shop drawing review • Observe contractor's construction activities • Document construction activity via daily reports/logs • Review contractor's soil and erosion control efforts • Review contractor's monthly pay requests/quantities • Prepare supplemental as-built sketches • Review contractor's as-built surveys • Review contractor's locating efforts of existing utilities • Coordinate responses to contractor's Requests for Information (RFIs) • Coordinate engineer's field directives • Coordinate material and field tests TIME FOR COMPLETION: The professional services authorized by this Task Order are scheduled for completion according to the following schedule commencing from the date of this Task Order. Survey/Geotechnical 30 days Subsurface Utility Engineering 15 days Design 60 days Permitting Per FDOT/FDEP schedule Bidding Assistance - Per City Schedule Construction Phase Assistance Assumed 3-month construction The above time frames do not include City review times. COMPENSATION: The fee for these services is estimated at $73,950.00 based on the following schedule and the attached breakdown: Design/Permitting Lump Sum $29,440.00 Bidding Assistance Lump Sum $5,960.00 Construction Phase Allowance, Assistance $9,310.00/mo. $27,930.00 Survey, Geotech, & Other Out- Allowance $10,620.00 of-Pocket Costs TOTAL $73,950.00 PURSUANT TO FLORIDA STATUTE SECTION 558.0035, AN INDIVIDUAL EMPLOYEE OR AGENT OF QUENTIN L. HAMPTON ASSOCIATES, INC. MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. IF THE CONTRACTOR (QLH) HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S (QLH's) DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT (PROPOSAL), CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CITY HALL, CITY OF CAPE CANAVERAL, P.O. BOX 326, CAPE CANAVERAL, FL 32920, Mia Goforth, City Clerk, (321) 868-1220, Ext. 220, m.gaforthPcityofcapecanaveral.org. CITY OF CAPE CANAVERAL, FLORIDA Dated: By: David Greene, City Manager QLH, A MEAD &HUNT COMPANY Dated: By: David A. King,P.E. Vice President/Business Unit Leader CITY OF CAPE CANAVERAL LIFT STATION#3 FORCE MAIN REPLACEMENT QLH ESTIMATED ENGINEERING FEES BREAKDOWN 10/3/17 Project Project Production CADD Administrative Vacuum Construction Resident Project SUE Technician Truck Description Manager Engineer Supervisor Technician Support Excavator Services Representative Total Task($) (hours) (hours) (hours) (hours) (hours) (hours) (Day) (Day) Manager(hours) (hours) $175 $140 $80 $70 $75 $65 $300 $600 $85 $65 See Below Design/Permitting Phase(Lump Sum) Survey/Geotechnical Coordination/Review 1 2 2 2 1 0 0 0 0 0 $ 830.00 Subsurface Utility Engineering 1 2 1 1 1 16 1 1 0 0 $ 2,620.00 60%Design 8 24 8 80 10 0 0 0 0 0 $ 11,750.00 90%Design 6 18 4 40 6 0 0 0 0 0 $ 7,140.00 Final Design 4 12 2 16 2 0 0 0 0 0 $ 3,810.00 Permitting 2 10 12 4 4 0 0 0 0 0 $ 3,290.00 Design/Permitting Subtotals 22 68 29 143 24 16 1 1 0 0 $ 29,440.00 Bidding Phase Assistance(Lump Sum) All Subtasks 12 4 2 2 40 0 0 0 0 0 $ 5,960.00 Bidding Assistance Subtotals 12 4 2 2 40 0 0 0 0 0 $ 5,960.00 Construction Phase Assistance(Allowance,based on 3 months of construction) Construction Administration&Resident Project Representative 24 15 6 18 30 0 0 0 24 240 (Part-Time) $ 27,930.00 Construction Phase Assistance Subtotals 24 15 6 18 30 0 0 0 24 240 $ 27,930.00 SUB-TOTAL ALL TASKS 58 87 37 163 94 16 1 1 24 240 $ 63,330.00 Allowances $ 10,620.00 GRAND TOTAL $ 73,950.00 Subconsultantl0ut-of-Pocket Allowances Survey Allowance $ 6,870.00 Geotechnical Allowance $ 2,500.00 Permit Application Fees Allowance $ 1,000.00 Printing&Other Costs Allowance $ 250.00 TOTAL $ 10,620.00 Notes: 1. Estimated project cost=$368,500,per City FY2018 budget Cost Estimate City of Cape Canaveral [city seal] City Council Agenda Form City Council Meeting Date: 10/17/2017 Item No. 10 Subject: Ordinance No. 10-2017; amending the City of Cape Canaveral Comprehensive Plan Coastal Management Element to bring it into conformance with F.S. Chapter 2015-69, to include development and redevelopment principles, strategies and engineering solutions that reduce the flood risk in coastal areas; adopted by the City Council consistent with this Ordinance; providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan, an effective date and legal status of the Plan amendments, second reading. Department: Community Development Summary: As required by Florida law,local governments in coastal areas must include a coastal management element in comprehensive plans. The element must set forth principles,guidelines, . standards and strategies to reduce the risk of flooding. Section 163.3178, F.S., requires coastal management be based on studies, surveys and data and to contain a redevelopment component which outlines principles which shall be used to eliminate inappropriate and unsafe development in coastal areas. Effective July 1, 2015, a new law (Chapter 2015-69) went into effect that amends the requirements of the City's Coastal Management (CM) Element. Under the new law, the CM Element must now contain six specific new requirements (new policy language to address requirement is shown in parenthesizes): 1. Include development and redevelopment principles,strategies and engineering solutions that reduce the flood risk in coastal areas which results from high-tide events, storm surge, flash floods, stormwater runoff and the related impacts of sea-level rise(see CM- 1.13.1). 2. Encourage the use of best practices development and redevelopment principles, strategies and engineering solutions that will result in the removal of coastal real property from flood zone designations established by the Federal Emergency Management Agency (see CM-1.13.1 & 5). 3. Identify site development techniques and best practices that may reduce losses due to flooding and claims made under flood insurance policies issued in Florida (see CM- 1.13.1). 4. Be consistent with, or more stringent than, the flood-resistant construction requirements in the Florida Building Code and applicable flood plain management regulations set forth in 44 C.F.R. part 60 (see CM-1.13.2). 5. Require that any construction activities seaward of the coastal construction control lines established pursuant to Section 161.053 be consistent with Chapter 161 (see CM-1.13.3). 6. Encourage local governments to participate in the National Flood Insurance Program Community Rating System administered by the Federal Emergency Management Agency to achieve flood insurance premium discounts for their residents (see CM- 1.13.4 & 5). The CM Element must now include"development and redevelopment principles, strategies and engineering solutions that reduce the flood risk in coastal areas which results from high-tide events, storm surge, flash floods, stormwater runoff and related impacts of sea-level rise."The City Council Meeting Date: 10/17/2017 Item No. 10 Page 2 of 2 reference to sea-level rise,as one of the causes of flood risk,signals an important new challenge in the long-term resilience of Florida's communities. As discussed above,Florida Statute establishes minimum requirements local governments must now include in CM Elements.However,the State is encouraging communities to take additional steps to develop strategies to become more resilient to the impacts of rising seas over time.These efforts, collectively known as adaptation planning, are steps a community takes to address current and future coastal flooding. Adaptation planning is rooted in data generated from an analysis of the City's key assets (economic, infrastructure, natural) and how they may be impacted by various sea-level rise scenarios. Models used in the analysis have been designed by the US Army Corps of Engineers, University of Florida and the National Oceanic and Atmospheric Administration. Ordinance No. 10-2017 (Attachment 1)addresses the six new requirements required by Chapter 2015-69 and also includes policies that indicate the City's willingness to pursue adaptation planning strategies over the next few years. The first step will be to conduct a vulnerability analysis as described in the preceding paragraph. As the proposed Ordinance revises Comprehensive Plan text, it was transmitted to the Florida Department of Economic Opportunity(DEO)for its review on July 18,2017.In correspondence dated September 14, 2017 (Attachment 2), DEO indicated that they have no comments or objections to the proposed amendment. Therefore, adoption of the amendment/ordinance is being proposed. The Notice of Hearing for 2nd reading was advertised on October 5, 2017. Submitting Department Director: David Dickey Date: 10-4-17 Attachments: 1 - Ordinance No. 10-2017 with Attachment 1 —City of Cape Canaveral Comprehensive Plan Coastal Management Element 2—Florida Department of Economic Opportunity Letter dated September 14, 2017 Financial Impact: Cost of Ordinance preparation, advertisement, codification and Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 10/4/17 The City Manager recommends that City Council take the following action: Adopt Ordinance No. 10-2017 on second reading. Approved by City Manager: David L. Greene Date: 10/4/17 Attachment 1 ORDINANCE NO. 10-2017 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING THE CITY OF CAPE CANAVERAL COMPREHENSIVE PLAN COASTAL MANAGEMENT ELEMENT TO BRING IT INTO CONFORMANCE WITH F.S. CHAPTER 2015-69, TO INCLUDE DEVELOPMENT AND REDEVELOPMENT PRINCIPLES, STRATEGIES AND ENGINEERING SOLUTIONS THAT REDUCE THE FLOOD RISK IN COASTAL AREAS; ADOPTED BY THE CITY COUNCIL CONSISTENT WITH THIS ORDINANCE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE PLAN, AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENTS. WHEREAS, section 163.3161 et. seq.,Florida Statutes(2011)established the Community Planning Act, which was formerly known as the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, the Community Planning Act requires each municipality in the State of Florida to prepare, adopt, and update a Comprehensive Plan; and WHEREAS, Florida has more than 1,200 miles of coastline, almost 4,500 square miles of estuaries and bays and more than 6,700 square miles of other coastal water. The majority of the State's residents live within 60 miles of coast. Florida is the single most vulnerable of the 50 states to higher tides associated with sea level rise ; and WHEREAS, Effective July 1, 2015, the Florida Legislature passed a new law (chapter 2015-69, Laws of Florida, codified at S. 163.3178, F.S.) that amends the requirements of the City's Comprehensive Plan, Coastal Management Element(Element); and WHEREAS, Under the new law, the Element must now contain six (6) specific new requirements. Notably, that the Element must now include development and redevelopment principles, strategies, and engineering solutions that reduce the flood risk in coastal areas which results from high-tide events, storm surge, flash floods, stormwater runoff and related impacts of sea level rise; and City of Cape Canaveral Ordinance No. 10-2017 Page 1 of 4 WHEREAS, the City Council also finds that it is an important government interest to protect the interests of public and private property owners within the City limits; and WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed public hearing on June 28, 2017 in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the proposed Comprehensive Plan amendment and considered findings and advice of staff, citizens and all interested parties submitting written and oral comments and has recommended adoption to the City Council; and WHEREAS, the Local Planning Agency recommended the City Council transmit the subject comprehensive plan text amendment to the Florida Department of Economic Opportunity for its review and comment; and WHEREAS, the City Council hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral, Florida; and NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Community Planning Act, Sections 163.3161 et. seq., Florida Statutes. Section 3. Purpose and Intent. The purpose and intent of this Ordinance is to adopt comprehensive plan text amendments amending the text of the Coastal Management Element of the City of Cape Canaveral Comprehensive Plan. Section 4. Adoption of Comprehensive Plan Text Amendments. The City Council of the City of Cape Canaveral hereby adopts the following amendments to the City of Cape Canaveral Comprehensive Plan, Coastal Management Element, attached hereto as "Attachment 1" (underlined type in Attachment 1 indicates text being added to the Comprehensive Plan, and strikeout type indicates text being deleted from the Comprehensive Plan). Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. City of Cape Canaveral Ordinance No. 10-2017 Page 2 of 4 Section 6. Incorporation Into Comprehensive Plan. Upon the effective date of the Comprehensive Plan amendments adopted by this Ordinance, said amendments shall be incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Comprehensive Plan may be freely made. Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 8. Effective Date and Legal Status of the Plan Amendment. The effective date of the Comprehensive Plan Amendment adopted by this Ordinance shall be thirty-one (31) days after the state land planning agency notifies the City that the plan amendment package is complete pursuant to section 163.3184(3)(c), Florida Statutes. If the plan amendment is timely challenged, the plan amendment shall not become effective until the state land planning agency or the Administration Commission enters a final order determining the adopted amendment to be in compliance. No development orders, development permits, or land use dependent on this plan amendment may be issued or commenced before it has become effective. After and from the effective date of this plan amendment, the Comprehensive Plan Amendment set forth herein shall amend the City of Cape Canaveral Comprehensive Plan and become a part of that plan and the plan amendment shall have the legal status of the City of Cape Canaveral Comprehensive Plan, as amended. [Signature Page Follows] City of Cape Canaveral Ordinance No. 10-2017 Page 3 of 4 Bob Hoog, Mayor ATTEST: For Against Mike Brown Mia Goforth, CMC City Clerk Robert Hoog Brendan McMillin Rocky Randels Betty Walsh Approved as to legal form and sufficiency for the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney 1st Advertisement: June 16, 2017 1st Reading July 18, 2017 2nd Advertisement: October 5, 2017 2nd Reading: October 17, 2017 City of Cape Canaveral Ordinance No. 10-2017 Page 4 of 4 Ordinance No. 10-2017 Attachment 1 City of Cape Canaveral Comprehensive Plan COASTAL MANAGEMENT ELEMENT GOALS, OBJECTIVES and POLICIES Ordinance No. 10-2017 Attachment 1 GOAL CM-1 Provide for the preservation and conservation of the City's coastal resources so that the economic, social and/or aesthetic value which these resources provide to the community are not destroyed and are available to future generations. OBJECTIVE CM-1.1 The City shall protect, conserve, or enhance the two remaining coastal wetlands, living marine resources,coastal barriers,and wildlife habitat. The measurement of this objective is the extent to which these resources are protected,conserved or enhanced and the degree to which the following Policies are implemented. POLICY CM-1.1.1 The City shall develop guidelines to protect, conserve, and, where possible, seek restoration of the vital areas of the coastal zone,including,as appropriate,wetlands,water quality,water quantity,wildlife habitat, living marine resources (such as manatees), and beach and dune systems. The City shall promote protection of environmentally sensitive areas,beach preservation and tree protection. POLICY CM-1.1.2 The City shall provide for development which is consistent with resource tolerance, carrying capacity and the ability of the City to efficiently provide and maintain necessary services as set out in other Elements. POLICY CM-1.1.3 The City shall continue to work with County, State and Federal governments in maintenance, restoration, and enhancement of the overall quality of the coastal environment,including but not limited to,its amenities and aesthetic values. POLICY CM-1.1.4 The City shall work with County, State and Federal governments in the orderly and balanced utilization and preservation, consistent with sound conservation principles, of all living and non-living coastal zone resources. POLICY CM-1.1.5 The City shall identify and implement methods of avoiding irreversible and irretrievable commitments of coastal zone resources. City of Cape Canaveral Comprehensive Plan June 28,2017 Coastal Management Element Page 1 Ordinance No. 10-2017 Attachment 1 POLICY CM-1.1.6 In cooperation with state and federal regulatory agencies and private developers,the City shall monitor development in those areas with overriding environmental limitations to development. POLICY CM-1.1.7 The City shall make sure that it has an effective ordinance for the control of noxious exotic plants in the coastal zone,including the following noxious species: Causarina cunninghamians (Beefwood) Causarina glauca (Scaley-bark Beefwood) Causarina equisetifolia (Australian Pine) Dioscorea bulbif era (Devil's Potato) Melaleuca quinquenervis (Punk Tree or Cajeput) Rincinus communis (Castor Bean) Sansevieria hyuacinthoides (African Bowstring) Schinus terebinthifolius (Brazilian Pepper) OBJECTIVE CM-1.2 The City shall take action in an effort to maintain or improve estuarine environmental quality. The measurement of this Objective is the quality of the estuarine environment and the degree to which the following Policies are implemented. POLICY CM-1.2.1 The City shall work toward limiting the specific and cumulative impacts of development and redevelopment upon wetlands, water quality, water quantity, wildlife habitat, and living marine resources,and beach and dune systems. POLICY CM-1.2.2 The City shall enforce its ordinances which minimize man-induced sedimentation, excessive freshwater runoff,and other non-point pollution sources. City of Cape Canaveral Comprehensive Plan June 28,2017 Coastal Management Element Page 2 Ordinance No. 10-2017 Attachment 1 POLICY CM-1.2.3 The City shall maintain and enforce its Stormwater Management Ordinance in an effort to maintain or reduce the current level of stormwater runoff. OBJECTIVE CM-1.3 The City shall maintain criteria and/or standards for prioritizing shoreline uses, giving priority to water-dependent uses, particularly those consistent with existing shoreline uses. The measurement of this Objective is the development and adoption of such criteria and/or standards. POLICY CM-1.3.1 The City shall establish priorities for shoreline uses, providing for siting of water- dependent and water-related uses; establish performance standards for shoreline development; and establish criteria for marina siting which address: land use compatibility, availability of upland support services, existing protective status or ownership, hurricane contingency planning, protection of water quality, water depth, environmental disruptions and mitigation actions, availability for public use, and economic need and feasibility. POLICY CM-1.3.2 The City shall review, update (if necessary) and enforce hazard mitigation regulations relating to building practices; floodplain use; beach and dune alteration; stormwater management; sanitary sewer and septic tanks;and land use;and the City shall adopt the recommendations of the hazard mitigation annex of the local peacetime emergency plan and applicable existing interagency hazard mitigation reports--all with the underlying rationale of reducing the exposure of human life and property to natural hazards. POLICY CM-1.3.3 The City shall adopt regulations through the Land Development Code to enhance current standards to manage shoreline erosion. OBJECTIVE CM-1.4 The City shall develop measures for protection of beaches and dunes, establish construction standards which minimize the impacts of man-made structures on beach and dune systems, and work toward restoration of altered beaches and dunes. The measurement of this Objective is the development of such measures and the extent to which beaches and dunes are protected and/or restored and the development of standards to minimize the impacts of man-made structures on the beach and dune systems plus the degree to which the following Policies are implemented. POLICY CM-1.4.1 The City shall closely monitor beachfront development to insure to the greatest extent possible that the dune system is preserved as a natural buffer to storm surge. City of Cape Canaveral Comprehensive Plan June 28,2017 Coastal Management Element Page 3 Ordinance No. 10-2017 Attachment 1 POLICY CM-1.4.2 In areas where beaches and dunes are being eroded,the City shall encourage and support a multi-jurisdictional approach to stabilization and restoration projects, preferably utilizing native vegetation as the stabilizing medium. POLICY CM-1.4.3 The City shall continue to enforce the coastal construction control line law and shall assure that projects within its area of jurisdiction abide by the setback requirements. POLICY CM-1.4.4 No new construction shall be allowed that threatens the stability of either the dune systems or the beach itself. Land development projects in beach areas east of S.R.- A1A should provide for dune stabilization and preservation. In all cases, existing dune vegetation should be preserved to the maximum extent feasible. POLICY CM-1.4.5: The City shall continue to prohibit motorized vehicles from operating on the dune system except in emergency situations. POLICY CM-1.4.6 The City should continue to work with the Canaveral Port Authority to actively mitigate impacts of Port operations on the City's beaches. OBJECTIVE CM-1.5 The City shall limit public expenditures that subsidize development permitted in coastal high-hazard areas, except for restoration or enhancement of natural resources. The measurement of this Objective is the extent to which public expenditures are limited in coastal high-hazard areas except in the case of restoration or enhancement of natural resources and the degree to which the following Policy is implemented. POLICY CM-1.5.1 The City shall incorporate a provision to implement the above Objective in its Land Development Regulations. City of Cape Canaveral Comprehensive Plan June 28,2017 Coastal Management Element Page 4 Ordinance No. 10-2017 Attachment 1 OBJECTIVE CM-1.6 The City shall direct population concentrations away from known or predicted coastal high-hazard areas. The measurement of this Objective is the extent to which population concentrations are directed away from the coastal high-hazard area and the degree to which the following Policy is implemented. POLICY CM-1.6.1 Through the Future Land Use Plan and the City's zoning ordinance, the City shall discourage development in the coastal high-hazard areas; however, relocation or replacement of existing infrastructure away from these areas shall only be required in an emergency situation where it is economically feasible to do so. The Coastal High Hazard Area(CHHA)is defined as the area below the elevation of the category 1 storm surge line as established by a Sea, Lake, and Overland Surges from Hurricanes (SLOSH) computerized storm surge model. OBJECTIVE CM-1.7 The City shall work toward reducing its local hurricane evacuation times based upon the Brevard County's Comprehensive Emergency Management Plan. The measurement of this Objective is the length of time required for evacuation in the event of a major storm requiring evacuation plus the degree to which the following Policies are implemented. POLICY CM-1.7.1 The City shall stress to the public the importance of early and orderly evacuation in the event of a major storm requiring such evacuation. POLICY CM-1.7.2 The City shall maintain and update,as required, its list of persons requiring help during evacuation. POLICY CM-1.7.3 The City shall limit development if it would unreasonably increase hurricane evacuation times. POLICY CM-1.7.4 The City shall coordinate hurricane evacuation procedures and disaster mitigation with Brevard County and neighboring communities. OBJECTIVE CM-1.8 The City shall prepare a post-disaster redevelopment plan which will reduce the exposure of human life and public and private property to natural hazards. The measurement of this Objective is the development of a post-disaster redevelopment plan plus the degree to which the following Policies are implemented. City of Cape Canaveral Comprehensive Plan June 28,2017 Coastal Management Element Page 5 Ordinance No. 10-2017 Attachment 1 POLICY CM-1.8.1 The City shall establish a mechanism for obtaining input on this matter from affected property-owners, the general public, public officials, and experts which will involve meetings among these persons and a means to develop recommendations leading to the preparation of the post-disaster redevelopment plan. POLICY CM-1.8.2 The City shall use the following as the guiding principle for its post-disaster redevelopment plan: Reducing the exposure of human life and property to natural hazards. POLICY CM-1.8.3 The City's post-disaster redevelopment plan shall include policies to:distinguish between short-term and long-term reconstruction needs; facilitate the removal, relocation or structural modification of damaged infrastructure and structures;limit redevelopment in areas of repeated damage;and facilitate the adoption of recommendations of interagency hazard mitigation reports into the Comprehensive Plan. OBJECTIVE CM-1.9 The City shall strive to increase the amount of public access to the beach or shoreline consistent with estimated public need. The measurement of this Objective is the number of additional public access points to the beach and/or shoreline of the Banana River plus the degree to which the following Policies are implemented. POLICY CM-1.9.1 The City shall evaluate the number,type, and location of existing shoreline access points to determine if more are needed and how they will be financed. POLICY CM-1.9.2 The City shall continue to encourage public access at the time of development of the areas along the beach. POLICY CM-1.9.3 The City shall enforce public access to beaches renourished at public expense. POLICY CM-1.9.4 The City shall continue to enforce the public access requirements of the Coastal Zone Protection Act of 1985. POLICY CM-1.9.5 The City shall provide transportation or parking facilities for beach and river shoreline access,to the extent feasible. City of Cape Canaveral Comprehensive Plan June 28,2017 Coastal Management Element Page 6 Ordinance No. 10-2017 Attachment 1 OBJECTIVE CM-1.10 The City shall provide for protection,preservation,or sensitive reuse of historic resources, as these are identified within the City. The measurement of this Objective is the extent to which historic resources are protected,preserved or reused in a sensitive manner and the degree to which the following Policies are implemented. POLICY CM-1.10.1 The City shall pursue sources to fund an archeological survey to determine historically significant sites in need of protection. POLICY CM-1.10.2 As historic resources are identified,the City shall develop criteria for protection of historic resources, including establishment of performance standards for development and sensitive reuse. POLICY CM-1.10.3 The City shall maintain a list of historic resource sites to be used to cross-check against proposed development. OBJECTIVE CM-1.11 The City shall establish level of service standards, areas of service and phasing of infrastructure in the coastal area. The measurement of this Objective is the availability of infrastructure when needed, plus the degree to which the following Policies are implemented. POLICY CM-1.11.1 The City shall require developers to finance and install water and sewer lines, drainage facilities and local streets to serve development as it occurs, consistent with concurrency management. POLICY CM-1.11.2 The City shall ensure that required infrastructure is available to serve the development in the coastal area at the densities proposed by the Future Land Use Plan, consistent with coastal resource protection and safe evacuation, by assuring that funding for infrastructure will be phased to coincide with the demands generated by development or redevelopment. POLICY CM-1.11.3 Though no area of the City presently requires redevelopment, if and when such conditions emerge, the City shall identify the redevelopment area and work towards eliminating any unsafe conditions and inappropriate uses therein. City of Cape Canaveral Comprehensive Plan June 28,2017 Coastal Management Element Page 7 Ordinance No. 10-2017 Attachment 1 OBJECTIVE CM-1.12 The City shall work with County, State and Federal governments in protecting the environment in the coastal zone. The measurement of this Objective is the degree to which such collaboration takes place, including the extent to which the following Policy is implemented. POLICY CM-1.12.1 The City shall coordinate with area resource protection plans such as aquatic preserve management plans, and the Surface Water Improvement and Management (SWIM) program administered by the St.Johns River Water Management District. POLICY CM-1.12.2 The City will ensure that any stormwater management,aquifer recharge,and water reuse policies and projects are consistent with the Goals of the SJRWMD's Indian River Lagoon Basin program, including its Comprehensive Conservation Management Plan, to restore and protect the Indian River Lagoon through the enhancement of water quality and natural systems in the basin. POLICY CM-1.12.3 The City will ensure that any new regulation to protect water resources is consistent with SJRWMD's environmental resource permitting and consumptive permitting use permitting rules. POLICY CM-1.12.4 The City will promote and encourage the use of low impact development techniques(such as the Florida Water Stars"^ program, which is a point based, new home certification program for water-efficient developments,similar to the Federal Energy Star program). OBJECTIVE CM-1.13 The City shall eliminate unsafe and inappropriate development and mitigate the flood risk to existing and planned development in areas of high risk of flooding due to storm surge,high tide events,flash flood, stormwater runoff and sea level rise. POLICY CM-1.13.1 The City shall require that new development and redevelopment in areas that are of high risk of flooding due to storm surge, high tide events, flash flood, stormwater runoff and sea level rise incorporate building design specifications, engineering solutions, site development techniques and management practices that reduce risk and losses due to flooding. City of Cape Canaveral Comprehensive Plan June 28,2017 Coastal Management Element Page 8 Ordinance No. 10-2017 Attachment 1 POLICY CM-1.13.2 The City shall require that new development and redevelopment in areas that are of high risk of flooding due to storm surge, high tide events, flash flood, stormwater runoff and sea level rise meets or exceed the flood-resistant construction requirements of the Florida Building Code. POLICYCM-1.13.3 The City shall require that construction activities seaward of the Coastal Construction Control Line established pursuant to Section 161.053, F.S., be consistent with Chapter 161,F.S. POLICY CM-1.13.4 The City shall continue to participate in and comply with National Flood Insurance Program (NFIP) regulations. POLICY CM-1.13.5 The City shall continue to participate in the Community Rating System (CRS) Program, which involves managing and documenting activities that the City performs to gain points under FEMA's CRS Program. OBJECTIVE CM-1.14 The City shall adopt and implement strategies which increase community resiliency and protect property, infrastructure and cultural and natural resources from the impacts of climate change, including sea level rise, changes in rainfall patterns and extreme weather events. POLICY CM-1.14.1 The City shall collaborate with Brevard County to increase regional resilience by sharing technical expertise, participating in annual summits, assessing local vulnerabilities, advancing agreed-upon mitigation and adaptation strategies and developing joint state and federal legislation policies and programs. POLICY CM-1.14.2 The City shall collaborate with the East Central Florida Reginal Planning Council and other appropriate governmental agencies in the preparation of a Vulnerability Analysis to determine the feasibility of establishing Adaptation Action Areas as provided by Section 163.3177(6)(g)(10), Florida Statutes, to identify areas vulnerable to coastal storm surge and sea level rise impacts. POLICY CM-1.14-3 The City shall coordinate with Brevard County, other local governments, federal, state and regional agencies and private property owners to develop initiatives and goals to City of Cape Canaveral Comprehensive Plan June 28,2017 Coastal Management Element Page 9 Ordinance No. 10-2017 Attachment 1 address sea level rise, to include participation in the East Central Florida Regional Planning Council's preparation of a Regional Resiliency Plan. POLICY CM-1.14.4 The City shall promote the use of mitigation strategies to increase energy efficiency and conservation and to reduce greenhouse gas emissions. The mitigation strategies may include, but are not limited to, the adoption of Comprehensive Plan policies or land development regulations pertaining to land use and transportation strategies such as encouraging compact residential development, incentives for mixed use and redevelopment projects that maximize internal trip capture, clustering residential densities along transit routes, improving access to transit and non-motorized movement, requiring interconnectivity among adjoining parcels of land and incentives for green building methods. City of Cape Canaveral Comprehensive Plan June 28,2017 Coastal Management Element Page 10 Attachment 2 Rick Scott Cissy Proctor GOVERNOR EXECUTIVE DIRECTOR FLORIDA DEPARTMENT ECONOMIC OPPORTUNITY September 14, 2017 The Honorable Bob Hoog Mayor, City of Cape Canaveral City Hall 105 Polk Ave. Cape Canaveral, Florida 32920 Dear Mayor Hoog: The Department of Economic Opportunity has completed its review of the proposed comprehensive plan amendment for the City of Cape Canaveral,Amendment No. 17-2ESR (Ordinance No. 10-2017),which was received on August 16, 2017. We have reviewed the proposed amendment pursuant to Sections 163.3184(2) and(3), Florida Statutes(F.S.), and identified no comment related to important state resources and facilities within the Department's authorized scope of review that will be adversely impacted by the amendment if adopted. The City is reminded that pursuant to Section 163.3184(3)(b), F.S., other reviewing agencies have the authority to provide comments directly to the City. If other reviewing agencies provide comments, we recommend the City consider appropriate changes to the amendment based on those comments. If unresolved, such comments could form the basis for a challenge to the amendment after adoption. The City should act by choosing to adopt, adopt with changes, or not adopt the proposed amendment. Also,please note that Section 163.3184(3)(c)1, F.S., provides that if the second public hearing is not held within 180 days of your receipt of agency comments, the amendment shall be deemed withdrawn unless extended by agreement with notice to the Department of Economic Opportunity and any affected party that provided comment on the amendment. For your assistance, we have enclosed the procedures for adoption and transmittal of the comprehensive plan amendment. Florida Department of Economic Opportunity I Caldwell Building 1107 E.Madison Street I Tallahassee,FL 32399 850.245.7105 I www.floridajobs.org www.twitter.com/FLDEO Iwww.facebook.com/FLDEO An equal opportunity employer/program.Auxiliary aids and service are available upon request to individuals with disabilities.All voice telephone numbers on this document may be reached by persons using TTY/TTD equipment via the Florida Relay Service at 711. City of Cape Canaveral Proposed Amendment 17-2ESR September 14, 2017 Page 2 We appreciate the opportunity to work with the City's staff in the review of the amendment. If you have any questions related to this review,please contact Dan Pennington, at (850) 717-8524, or by email at dan.pennington@deo.myflorida.com. Sincerely, James D. Stansbury, Chief Bureau of Community Planning and Growth JDS/dp Enclosures: Procedures for adoption of comprehensive plan amendments cc: David Dickey, Community Development Director, City of Cape Canaveral Hugh Harling, Jr., PE, Executive Director,East Central Florida Regional Planning Council SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS FOR EXPEDITED STATE REVIEW Section 163.3184(3), Florida Statutes NUMBER OF COPIES TO BE SUBMITTED: Please submit three complete copies of all comprehensive plan materials, of which one complete paper copy and two complete electronic copies on CD ROM in Portable Document Format (PDF)to the Department of Economic Opportunity and one copy to each entity below that provided timely comments to the local government: the appropriate Regional Planning Council; Water Management District; Department of Transportation; Department of Environmental Protection; Department of State;the appropriate county (municipal amendments only); the Florida Fish and Wildlife Conservation Commission and the Department of Agriculture and Consumer Services (county plan amendments only); and the Department of Education (amendments relating to public schools); and for certain local governments, the appropriate military installation and any other local government or governmental agency that has filed a written request. SUBMITTAL LETTER: Please include the following information in the cover letter transmitting the adopted amendment: Department of Economic Opportunity identification number for adopted amendment package; Summary description of the adoption package, including any amendments proposed but not adopted; Identify if concurrency has been rescinded and indicate for which public facilities. (Transportation, schools, recreation and open space). Ordinance number and adoption date; Certification that the adopted amendment(s) has been submitted to all parties that provided timely comments to the local government; Name, title, address, telephone, FAX number and e-mail address of local government contact; Letter signed by the chief elected official or the person designated by the local government. Effective June 2, 2011 Updated March 11, 2013 ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment package: In the case of text amendments, changes should be shown in strike- through/underline format. In the case of future land use map amendments, an adopted future land use map, in color format, clearly depicting the parcel, its future land use designation, and its adopted designation. A copy of any data and analyses the local government deems appropriate. Note: If the local government is relying on previously submitted data and analysis, no additional data and analysis is required; Copy of the executed ordinance adopting the comprehensive plan amendment(s); Suggested effective date language for the adoption ordinance for expedited review: The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the Department of Economic Opportunity notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the Department of Economic Opportunity or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Economic Opportunity. List of additional changes made in the adopted amendment that the Department of Economic Opportunity did not previously review; List of findings of the local governing body, if any, that were not included in the ordinance and which provided the basis of the adoption or determination not to adopt the proposed amendment; Statement indicating the relationship of the additional changes not previously reviewed by the Department of Economic Opportunity in response to the comment letter from the Department of Economic Opportunity. Effective June 2, 2011 Updated March 11, 2013 City of Cape Canaveral [city seal] City Council Agenda Form City Council Meeting Date: 10/17/2017 Item No. 11 Subject: Ordinance No. 15-2017; adopting amendments to the Annual General Fund, Special Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital Fund Budgets for the Fiscal Year beginning October 1, 2016, and ending September 30, 2017; providing for the repeal of prior inconsistent ordinances and resolutions and an effective date, first reading. Department: Administrative Services Summary: Each year, the Adopted Budget requires amendments. Ordinance No. 15-2017 (Attachment) is presented for adoption. Exhibit"A"to the Ordinance details the revenues and expenditures pertaining to the Starting Budget,Budget Transfers,Year-end Budget Adjustments and concludes with the 2017 Ending Budget. The revenues and expenditures have been adjusted to reflect what Staff believes to be the final Budget. This shows revenue that has exceeded estimates or was under-realized. On the expenditures, it displays where money was saved or in some cases where projects were budgeted, but for some reason not completed (such as the New City Hall Project), which has been re-budgeted for FY 2017/18. Exhibit "A" shows a complete Budget Adjustment Detail sequentially numbered by Account/Department.As with past years,the Comprehensive Annual Financial Report (CAFR) will provide the actual expenditures for this budget year. It is anticipated that the FY 2016/17 Estimated Ending Fund Balances as compared to the Budget are as follows: General Fund $4,635,898 Special Revenue Fund $14,286 Capital Projects Fund - Wastewater Enterprise Fund $585,208 Stormwater Enterprise Fund - This is the first reading of Ordinance No. 15-2017. Submitting Department Director: John DeLeo Date: Attachment: Ordinance No. 15-2017 with Exhibits "A" and"B". Financial Impact: No additional financial impact is a perienced through the formal adoption of the Budget Adjustments & Amendments. However,the financial impact of each Adjustment or Amendment is recorded at the face value of the Amendment. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 10/9/17 The City Manager recommends that City Council take the following action: Approve Ordinance No. 15-2017, first reading. Approved by City Manager: David L. Greene Date: 10/9/2017 ORDINANCE NO. 15-2017 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREYARD COUNTY, FLORIDA; ADOPTING AMENDMENTS TO THE ANNUAL GENERAL FUND, SPECIAL REVENUE FUNDS, AGENCY FUND, CAPITAL PROJECT FUNDS, ENTERPRISE FUNDS AND ENTERPRISE CAPITAL FUND BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1,2016,AND ENDING SEPTEMBER 30,2017;PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS AND AN EFFECTIVE DATE. BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. Amendments to the Annual General Fund, Special Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital Fund Budgets are attached hereto as Exhibit "A" and made a part hereof, of the City of Cape Canaveral, Florida for the fiscal year beginning October 1,2016, and ending September 30,2017, are hereby approved and adopted. SECTION 2. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day , 2017. Bob Hoog,Mayor ATTEST: FOR AGAINST Mike Brown Mia Goforth, CMC, City Clerk Bob Hoog Brendan McMillin Rocky Randels Approved as to Form: Betty Walsh Anthony A. Garganese, City Attorney First Reading: 10/17/2017 Legal Ad Published: Second Reading: Exhibit "A" Year End Budget Adjustments For Fiscal Year Ending September 30,2017 FY 2016-2017 GENERAL FUND 7 FY 2017 FY 2017 FY 2017 FY 2017 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward $ 4,056,000 $ - $ (4,056,000) Cash Forward-Trans Impact Fees - - - - Cash Forward-R&R 170,400 - (170,400) - Ad Valorem Taxes 3,491,261 - (9,139) 3,482,122 Local Option Gas Tax 332,243 - (39,765) 292,478 Franchise Fees 800,620 - (170,706) 629,914 Utility Taxes 1,175,942 - (176,680) 999,262 Communications Service Tax 416,088 - (71,670) 344,418 Permits&Licenses 220,000 - 146,568 366,568 Impact Fees 1,400 - 21,137 22,537 Long Point Road Estuary Rehab 139,000 State Grants 50,000 - (45,000) 5,000 State Shared Revenue 865,574 - (70,263) 795,311 Local Shared Revenue 128,000 - - 128,000 Charges for Services 30,165 - (757) 29,408 Garbage&Recycling Revenue 1,067,292 - (94,047) 973,245 Recreation Fees 78,285 - (19,546) 58,739 Fines&Forfeitures 73,400 - (61,005) 12,395 Interest Income 66,260 - (4,257) 62,003 Fire Hydrant Rental Fee 67,012 - (2,749) 64,263 Miscellaneous Revenue 131,080 - (20,446) 110,634 Transfer from School Guard Crossing Fund 2,385 - - 2,385 Transfer from CC Redevelopment Fund 83,357 - - 83,357 Contribution from Wastewater Fund 784,364 - 0 784,364 Contribution from Stormwater Fund 19,566 - - 19,566 Other Sources Loan Proceeds 6,200,000 6,200,000 TOTAL REVENUES $ 14,249,694 $ - $ (4,844,724) $ 15,465,970 EXPENDITURE Legislative $ 34,584 $ - $ (12,659) $ 21,925 Administrative Services 414,615 - $ 18,102 432,717 Community Development 197,958 $ (1,773) 196,185 Protective Services 2,649,212 $ (3,257) 2,645,955 Fire/Rescue Services 1,979,598 $ 6,445 1,986,043 Building&Code Enforcement 384,974 $ (40,603) 344,371 Infrastructure Maintenance 977,043 $ (291,823) 685,220 Economic Development 143,370 $ (11,230) 132,140 Leisure Services 568,183 $ (34,793) 533,390 Community Engagement 107,689 $ (34,208) 73,481 Legal Services 214,750 60,000 $ (21,633) 193,117 Solid Waste 1,067,020 - $ (83,282) 983,738 Debt Service 604,968 - $ 0 604,968 Non-Departmental 4,905,730 - $ (2,908,908) 1,996,822 Transfer to Community Redevelopment Agency - - $ - - Transfer to Capital Construction Fund - Transfer to Wastewater Enterprise Fund - - - Transfer to N Atlantic Ave Improvement Fund - - - Contingency (60,000) (1,425,102) 4,635,898 TOTAL EXPENDITURES $ 14,249,694 $ - $ (4,844,724) $ 15,465,970 Excess of Revenues Over/(Under)Expenditures $ - Page 1 of 7 Exhibit "A" Year End Budget Adjustments For Fiscal Year Ending September 30,2017 FY 2016-2017 POLICE EDUCATION FUND 7 FY 2017 FY 2017 FY 2017 FY 2017 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Police Education Income $ 864 $ - $ 37 $ 901 Interest Income 180 - $ (23) 157 TOTAL REVENUES $ 1,044 $ - $ 13 $ 1,057 EXPENDITURE Education&Training $ - $ - $ - $ - Contingency 1,044 - 13 1,057 TOTAL EXPENDITURES $ 1,044 $ - $ 13 $ 1,057 Excess of Revenues Over/(Under)Expenditures $ - FIRE PROTECTION FUND FY 2017 FY 2017 FY 2017 FY 2017 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward R&R $ - $ - $ - Interest Income 132 (34) 98 Impact Fees - - - - Net Increase(decrease)in FMV - - - - TOTAL REVENUES $ 132 $ - $ (34) $ 98 EXPENDITURE Transfer to GF $ - $ - Contingency 132 - (34) 98 TOTAL EXPENDITURES $ 132 $ - $ (34) 5 98 Excess of Revenues Over/(Under)Expenditures $ - SCHOOL CROSSING GUARD FUND FY 2017 FY 2017 FY 2017 FY 2017 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward $ 824 $ - $ - $ 824 Parking Fine Surcharge 1,500 - $ (577) 923 Interest Income 61 - $ (43) 18 TOTAL REVENUES $ 2,385 $ - $ (620) $ 1,765 EXPENDITURE Transfer to General Fund $ 2,385 $ - $ - $ 2,385 Contingency - - (620) (620) TOTAL EXPENDITURES $ 2,385 $ - $ (620) $ 1,765 Excess of Revenues Over/(Under)Expenditures $ - Page 2 of 7 Exhibit "A" Year End Budget Adjustments For Fiscal Year Ending September 30,2017 FY 2016-2017 LIBRARY FUND 7 FY 2017 FY 2017 FY 2017 FY 2017 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward $ 500 $ (500) Ad Valorem Taxes $ 63,991 $ - $ (1,204) $ 62,787 Ad Valorem Tax Delinquent 50 - $ 1,014 1,064 Tax Penalty Income 60 - $ (9) 51 Interest Income 4,800 - $ (797) 4,003 Interest-Library Impact Fees - - $ - - Interest-Tax Collections 35 - $ 123 158 Net Increase(decrease)in FMV - - $ - - Impact Fees-Library 1,000 - $ 2,441 3,441 Transfer from Capital Construction Fund - - $ - - TOTAL REVENUES $ 70,436 $ - $ 1,569 $ 71,505 EXPENDITURE Operating Expenses $ 34,330 $ - $ (6,523) $ 27,807 Capital Purchases 36,000 - $ (6,053) 29,947 Contingency 106 - $ 13,645 13,751 TOTAL EXPENDITURES $ 70,436 $ - $ 1,569 $ 71,505 Excess of Revenues Over/(Under)Expenditures $ - CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY FY 2017 FY 2017 FY 2017 FY 2017 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward $ - $ - $ - State Grant DEO $ 39,500 $ 39,500 Shared Revenue from Cape Canaveral 210,305 - $ - 210,305 Shared Revenue from Brevard County 265,198 - $ - 265,198 Interest Income - - $ - Net Increase(decrease)in FMV - - $ - - Transfer from General Fund - $ 60,000 60,000 TOTAL REVENUES $ 475,503 $ - $ 99,500 $ 575,003 EXPENDITURE Operating Expenses $ 54,822 $ - $ (5,804) $ 49,018 Capital Purchases 285,000 $ 13,820 298,820 Debt Service 135,681 - $ (52,324) 83,357 Transfer to N.Atlantic Ave.Imp.Fund - - $ - - Contingency - 143,808 143,808 TOTAL EXPENDITURES $ 475,503 $ - $ 99,500 $ 575,003 Excess of Revenues Over/(Under)Expenditures $ - Page 3 of 7 Exhibit "A" Year End Budget Adjustments For Fiscal Year Ending September 30,2017 FY 2016-2017 LAW ENFORCEMENT TRUST FUND FY 2017 FY 2017 FY 2017 FY 2017 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward $ 1,300 $ - $ - $ 1,300 Interest-State 72 - $ (27) $ 45 Contraband Income 1,000 - $ - $ 1,000 Net Increase(decrease)in FMV - - $ - - TOTAL REVENUES $ 2,372 $ - $ (27) $ 2,345 EXPENDITURE School Resource Officer $ 2,372 $ - $ - $ 2,372 Contingency - - (27) TOTAL EXPENDITURES $ 2,372 $ - $ (27) $ 2,345 Excess of Revenues Over/(Under)Expenditures $ - Page 4 of 7 Exhibit "A" Year End Budget Adjustments For Fiscal Year Ending September 30,2017 FY 2016-2017 CAPITAL CONSTRUCTION FUND FY 2017 FY 2017 FY 2017 FY 2017 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward-General Government $ - Cash Forward-Fire/Rescue - - - - Cash Forward-Protective Services - - - - Cash Forward-Leisure Services - - - - Cash Forward-Library - - - - Interest-General Government - - - - Interest-Fire/Rescue - - - - Net Increase(decrease)in FMV - - - - Transfer from General Fund 3,800,000 (2,650,000) 1,150,000 Cap.Expansion Fees-General Government - - - - Cap.Expansion Fees-Fire/Rescue - - - - TOTAL REVENUES $ 3,800,000 $ - $ (2,650,000) 5 1,150,000 EXPENDITURE Capital-General Government $ 3,800,000 $ - $ (628,361) $ 3,171,639 Capital-Fire/Rescue - - - - Transfer to General Fund - - - - Transfer to Library Fund - - - - Contingency-General Government - (2,021,639) (2,021,639) Contingency-Fire/Rescue - - TOTAL EXPENDITURES $ 3,800,000 $ - $ (2,650,000) $ 1,150,000 Excess of Revenues Over/(Under)Expenditures $ - N. ATLANTIC AVE. IMPROVEMENT FUND FY 2017 FY 2017 FY 2017 FY 2017 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward $ - FDOT/Unobligated Reserves 400,000 - 363,784 763,784 Interest-TIFT Funds 6,000 - Net Increase(decrease)in FMV - - - - Transfer from GF-TIFT&SPIA - - Transfer from CC Redevelopmnt Agency - - - - TOTAL REVENUES $ 406,000 $ - $ 363,784 $ 763,784 EXPENDITURE Capital Purchases $ 400,000 $ - $ 363,784 $ 763,784 Contingency 6,000 - - - Capital/Wayfinding/Artwork - - - - TOTAL EXPENDITURES $ 406,000 $ - $ 363,784 $ 763,784 Excess of Revenues Over/(Under)Expenditures $ - Page 5 of 7 Exhibit "A" Year End Budget Adjustments For Fiscal Year Ending September 30,2017 FY 2016-2017 WASTEWATER ENTERPRISE FUND FY 2017 FY 2017 FY 2017 FY 2017 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward $ 100,000 $ (100,000) St.John's RWMD Grant - Utility Operating Income 3,759,289 - (285,012) 3,474,277 Utility Penalty Income 61,800 - (14,747) 47,053 Impact Fees - - 37,808 37,808 Reuse Hook-Up Fees 2,925 - (1,665) 1,260 Reclaimed Water Revenue 80,925 - (7,832) 73,093 Investment Income 7,200 - 3,388 10,588 Sale of Fixed Assets 15,000 - (15,000) Miscellaneous Income - - 5,401 5,401 Transfer from CC CRA Fund 52,323 - (52,323) SRF Loan Proceeds 3,250,000 - (2,447,729) 802,271 Net Increase(decrease)in FMV - - - - TOTAL REVENUES $ 7,329,462 $ - $ (2,877,710) $ 4,451,751 EXPENDITURE Personal Services $ 1,162,154 $ - $ (2,668) $ 1,159,486 Operating Expenses 1,070,886 10,970 $ (281,237) 789,649 Debt Service - $ - - Contribution to General Fund 784,364 - $ 0 784,364 Transfer to Enterprise Capital Fund 4,294,100 56,000 $ (3,161,054) 1,133,046 Contingency 17,958 (66,970) $ 567,250 585,208 TOTAL EXPENSES $ 7,329,462 $ - $ (2,877,710) $ 4,451,751 Excess of Revenues Over/(Under)Expenses $ - Page 6 of 7 Exhibit "A" Year End Budget Adjustments For Fiscal Year Ending September 30,2017 FY 2016-2017 STORMWATER ENTERPRISE FUND FY 2017 FY 2017 FY 2017 FY 2017 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward $ 450,000 $ - $ 134,670 $ 371,703 DEP Grant 1,187,262 - (589,262) 465,038 Stormwater Utility Fees 623,076 - 508 581,918 Investment Income 6,000 - 335 6,029 Sale of Fixed Asset - - 97 SRF Loan Proceeds - - (504,238) - Net Increase(decrease)in FMV - - - - TOTAL REVENUES $ 2,266,338 $ - $ (957,890) $ 1,424,689 EXPENDITURE Personal Services $ 201,802 $ - $ 31,045 $ 200,491 Operating Expenses 303,448 - (84,784) 169,972 Contribution to General Fund 19,566 - - 19,566 Transfer to Enterprise Capital Fund 1,699,000 - (859,000) 965,263 Contingency 42,522 - (45,151) - TOTAL EXPENSES $ 2,266,338 $ - $ (957,890) $ I 1,424,689 Excess of Revenues Over/(Under)Expenses $ - ENTERPRISE CAPITAL FUND FY 2017 FY 2017 FY 2017 FY 2017 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Transfer from Wastewater Fund $ 4,294,100 $ 56,000 $ (3,161,054) $ 1,133,046 Transfer from Stormwater Fund 1,699,000 - $ 237,387 1,936,387 SRF Loan Proceeds - - - - Enterprise Capital Contingency (56,000) TOTAL REVENUES $ 5,993,100 $ - $ (2,923,667) $ 3,069,433 EXPENDITURE Capital-Wastewater $ 4,294,100 $ 80,998 $ (2,425,043) $ 1,869,057 Capital-Stormwater 1,699,000 139,000 $ (498,624) 1,200,376 Contingency-Wastewater - (80,998) Contingency-Stormwater - (139,000) TOTAL EXPENSES $ 5,993,100 $ - $ (2,923,667) $ 3,069,433 Excess of Revenues Over/(Under)Expenses $ - Page 7 of 7 General Ledger City of Exhibit"B" Budget Adjustment Summary Cape Canaveral Account Number Beginning Budget Amount Current Budget 001-013-514-310000 Legal Services 148,750.00 60,000.00 208,750.00 001-017-901-990000 Contingency 165,809.00 -60,000.00 105,809.00 401-010-535-310000 Legal Services 15,000.00 10,970.00 25,970.00 401-010-535-910405 Transfer to Enterprise Capital 4,238,100.00 56,000.00 4,294,100.00 401-010-535-990000 Contingency 84,928.00 -66,970.00 17,958.00 405-000-381-381401 Transfer from Wastewater Fund 4,238,100.00 56,000.00 4,294,100.00 405-010-535-631003 Intermed.Pump Sation By-Pass 0.00 24,998.00 24,998.00 405-010-535-642014 WWTP Generator Replacement 120,000.00 56,000.00 176,000.00 405-010-535-642015 SCADA System 130,000.00 -24,998.00 105,002.00 405-018-538-632002 Shoreline Restoration 25,000.00 139,000.00 164,000.00 405-018-538-632004 Carver Cove Swale-SW 164,000.00 -139,000.00 25,000.00