HomeMy WebLinkAboutPacket 03-01-2005 RegularCALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
City of Cape Canaveral
OUNCIL REGULAR MEETING
CITY HALL ANNEX
kvenue, Cape Canaveral, Florida
TUESDAY
March 1, 2005
7:00 PM
AGENDA
PRESENTATION: Key to the City to Deputy John Moore for Deputy of the Year
Key to the City to Judith Kersey for Induction into `The Florida
Women's Hall of Fame"
BOARD INTERVIEWS: George L. Pestik, Code Enforcement Board
Raymond Viens, Code Enforcement Board
CONSENT AGENDA:
City Council Regular Meeting Minutes of February 15, 2005.
2. Proclamation for Irish American Heritage Month.
CONSIDERATIONS:
3. Motion to Approve: Grant Agreement with the Florida Department of Environmental
Protection in the Amount of $263,402.
4. Motion to Approve: Appointments to the Brevard Water Supply Board.
5. Motion to Approve: Bid No. 05-01, Drainage Improvements for the Installation of
Stormwater Baffle Boxes.
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247
www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com
of Cape Canaveral, Florida
City Council Regular Meeting
Match 1, 2005
Page 2
RESOLUTIONS:
6. Motion to Adopt: Resolution No. 2005-07; Opposing the Board of County
Commissioners of Brevard County Action to Impose Additional Requirements on
Voluntary Annexations; Supporting Current Negotiations for Joint Planning
Agreements.
DISCUSSION:
7. Amending Chapter 110, Granting the City Council Final Decision -Making Authority
Regarding Site Plan Applications.
REPORTS:
1. City Manager
2. Staff
3. City Council
AUDIENCE TO BE HEARD:
Comments to be heard on items that do not appear on the agenda of this meeting.
Citizens will limit their comments to five (5) minutes. The City Council will not take any
action under the "Audience To Be Heard" section of the agenda. The Council may
schedule such items as regular agenda items and act upon them in the future.
ADJOURNMENT:
Pursuant to Section 286.0105, Fibdda Statutes, the city hereby advises the pubic that if a person decides to appeal any decision made
by the City Council with respell 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 inelevant evidence, nor does k authorize challenges or appeals not otherwise allowed by law.
Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (866-1221) 48
hours in advance of the meeting.
Meeting Type: Regular
Meeting Date: 03-01-05
AGENDA
Heading
Presentation
Item
See attached newspaper article.
No.
Newspaper Article
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: PRESENTATION: KEY TO THE CITY TO DEPUTY JOHN MOORE
DEPT./DIVISION: LEGISLATIVE
Requested Action:
The Mayor and City Council present the Key to the City to Deputy John Moore who was recently named Deputy of
the Year by Sheriff Parker.
Summary Explanation & Background:
See attached newspaper article.
Exhibits Attached:
Newspaper Article
City Mana s ffice
Department LEGISLATIVE
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Judith Kersey was the first woman guidance systems engineer in the history
of NASA Kennedy Space Center and a strong advocate for women in
science and engineering. Ms. Kersey played major roles in the
Apollo/Saturn, Space Shuttle and Space Station programs and rose to the
position of a senior manager within NASA.
Ms. Kersey has held a number of positions within the Society of Women
Engineers, including member of the Board of Directors, where she helped
implement their mission to Aspire, Advance and .Achieve through
professional development and mentoring of women engineers and scientists.
She created and championed many events to encourage women to enter
engineering and the sciences, including the development of the "Introducing
Girls to Engineering Workshop" the largest event of its kind in the
Southeast, which has reached over 1800 girls in the first four years.
Ms. Kersey has garnered numerous awards including: Kennedy Space
Center Federal Woman of the Year, the NASA Exceptional Service Medal,
the Society of Women Engineers Distinguished Service Award and was
selected as a Fellow Member of the Society of Women Engineers. Ms.
Kersey's contributions and success have removed barriers and opened the
door to future generations of women engineers and scientists.
City of Cape Canaveral
To: Bennett Boucher, City Manager
Susan Stills, City Clerk
From: Mary Russell, Code Enforcement Board Chairperson
Re: Recommendation to the City Council Regarding Perspective Code Enforcement
Board Members, George Pestik and Raymond Viens
On February 17, 2005, The Code Enforcement Board interviewed George Pestik and
Raymond Viens and recommended that City Council appoint both applicants to the Code
Enforcement Board.
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247
www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com
CITY OF CAPE CANAVERAL
APPLICATION FOR APPOINTMENT TO CITY ADWSORY BOARD
Pursuant to Se&ion 2471, Cape Canaveral Cade
City Code requires prospective and existing board members to fill out an application. City Code
also prohibits a person from serving on a City Eoard or Committee if that person has been
convicted of a felony, unless their civil rights have been restored.
Please complete the following in the spare provided:
A. GENERAL
1. Applicant Name: 4:
2_ Home Address: 14:3
3. Home Telephone:
4. Occupation: L,Z✓'/ f 2Y—�;-f-D
5. Business Telephone: 1�1'
6. Business Address:
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} ✓ (�I)
2. Have you been a resident of the City of Cape
Canaveral for 12 months or longer?
(Y) (N)
3a. Have you ever been convicted or found guilty, regardless
of adjudication, of a felony in any jurisdiction? Any plea
of nolo contendere (no contest) shall be considered a
z
conviction for purposes of this question.
(N)
3b. if yes to 3a, have your civil rights been restored?
(Y) (N)
4a. Do you presently serve on any other City of Cape
Canaveral advisory board or committee?
M (N)
4b. If yes to 4a, please list each:
5. City ordir,-ance 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 commiftee. Do you volunfarity initials
consent to raving a standard background check
permed on you by the City of Cape Canaveral? (Y) (N)
ea. Are you related to a City of Cape Canaveral Council i
member by blood, adoption or marriage? (Y) (N) 1/
6b. If yes to 6a, please provide name(s) of person(s) and relationship to you:
C. iNTERESTSIEXPEP ENCE
1. Briefly state your interest in serving on a City advisory board or committee:
2. Briefly state any prior experiences in servir g on any govemmentai board or committee:
3. Please fist any specialized skills and training (e.g., architect, engineer, general
contractor, etc.) ftt you feel help to qualify you for membership an the desired board or
committee:
-4--) v
4. In numerical sequence (1 = most interested), please rank which advisory board or
committee on which you wish to serve:
e.
f.
Beautification Board
Board of Adjustment'
Business and Cultural Development Board
Code Enforcement Board*
Community Appearance Board*
Construction Board of Adjustment and Appeals*
Ubrary Board
Planning and Zoning Board*
Recreation Board
Other
*Members of these boards are required to complete and lite with the Supervisor of Elections a
Finanmi !?isdcsure Foran upon appofnfrr?ent to said board and prior to July 1 of each year
fry#lowing the initial appointment while still a member of said board.
n
D. STATE REPORTING REQUIREMENTS.
Section 760.80, Florida Stories, 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:
RACE GENDER
African-American Male
Asian -American Female
Hispanic,Amercan Not Known
Native American
Caucasian DISABILITY
Not Known Physically disabled
YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES 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 EJCISTENCE 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 1F
APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS.
PLEASE NOTE:
• Initial appointment to any City board is subject to City Council approval following a brief
interview before the City Council at a regularly scheduled meeting.
• Your application will remain effective for one year from the date of completion.
• if you should have an ons regarding the completion of this application, please
eonfact the City Cle s Office)ht (321) 868-1221.
Signature:
Date:
Please return to: City of Cape Canaveral
Office of the City Clerk
105 Poik Avenue
Cape Canaveral, Fiords 32920
CITY OF CAPE CANAVERAL
APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD
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.
Please complete the foilowing in the space provided:
A. GENERAL
1. Applicant Name: %c�' �i �1 / �, //• �s
2. Home Address: SM OK /I/Ale
�,a �v�.✓r9 li'r�^ �� h�/r,� '� �`s –
3. Home Telephone: %9P-
5
4. Occupation: P --7/;G�
5. Business Telephone:
6. Business Address:
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?
2. Have you been a resident of the City of Cape
Canaveral for 12 months or longer?
3a. Have you ever been convicted or found guilty, regardless
'of adjudication, of a felony in any jurisdiction? Any plea
of nolo contendere (no contest) shall be considered a
conviction for purposes of this question.
3b.
IM
If yes to 3a, have your civil rights been restored?
Do you presently serve on any other City of Cape
Canaveral advisory board or committee?
4b. If yes to 4a, please list each:
(Y)–,X_ (N)
(Y)—
(Y)_
Y)
(Y) (N)
M_ (N)/'�-
5. 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? (`� ,L_ (N)
6a. Are you related to a City of Cape Canaveral Council
member by blood, adoption or marriage? (Y} (N)
6b. If yes to 6a, please provide name(s) of person(s) and relationship to you:
C. I NTERESTSIEXPERIENCE
1. Briefly /state your interest in serving on a City advisor+ board or committee: ,
67MP G c+�a-Cf (i ir-� .D X i'�o�r: ,O„i / o_ mss✓ y�.t2. /'%o �✓i'%... �7� n.r
2. Briefly state any prior experiences in serving on any governmental board or committee:
3. Please fist 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: 7i3 ?`L i�
4. in numerical sequence (1 = most interested), please rank which advisory board or
committee on which you wish to serve:
e.
f. 1 C;7-
9 -
h.
Beautification Board
Board of Adjustment*
Business and Cultural Development Board
Code Enforcement Board*
Community Appearance Board*
Construction Board of Adjustment and Appeals*
Library Board
Planning and Zoning Board*
Recreation Board
Other.
'Members of these boards are required to complete and file with the Supervisor of Efections a
Financial Disclosure Form upon appointment to said board and prior to July 9 of each year
following the initial appointment while still a member of said board.
co,
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:
RACE GENDER
African-American A7 _ Male
Asian -American Female
Hispanic,Amedcan Not Known
Native American
_ Caucasian DISABILITY
Not Known Physically disabled
YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF
PERJURY, THAT THE INFORMATION PROVIDED HEREIN 1S 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 1F
APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS.
PLEASE NOTE:
• Initial appointment to any City board is subject to City Council approval following a brief
interview before the City Council at a regularly scheduled meeting.
• Your application will remain effective for one year from the date of completion.
• If you should have any questions regarding the completion of this application, please
£onfaet the City Cleric's Office at (321) 868-1221.
Signature:
Date:
Please return to: City of Cape Canaveral
Office of the City Cleric
105 Polk Avenue
Cape Canaveral, Florida 32920
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
February 15, 2005
7:00 PM
MINUTES
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
Council Members Present.
Mayor Pro Tem
Bob Hoog
Council Member
Steve Miller
Council Member
Buzz Petsos
Mayor
Rocky Randels
Council Member Absent.-
Council
bsent:
Council Member Jim Morgan
Others Present:
City Manager
Bennett Boucher
City Attorney
Anthony Garganese
City Clerk
Susan Stills
City Treasurer
Andrea Bowers
Recreation Director
Nancy Hanson
Public Works Director
Ed Gardulski
Building Official
Todd Morley
PRESENTATION:
Johnson Controls Special Recognition Award Sign.
Mr. Leo Nicholas, former Beautification Board Chairperson, presented a signature
plaque to Johnson Controls World Services in special recognition of their beautification
efforts. Mr. Ed Hale, Vice President of Operations at Johnson Controls, thanked the City
and the Board for the acknowledgement and spoke in favor of the City's overall
beautification efforts around the community.
City of Cape Canaveral, Florida
City Council Regular Meeting
February 15, 2005
Page 2 of 6
Mayor Randels announced the Girl Scout Cookie Campaign. Ms. Kathy Coon, Troup
Leader for Scout Troop No. 440, informed that the Girls Scouts sell three products:
magazines, calendars and cookies to support the organization's programs. She
reported on the Gift for Girls program, the Parent's Share program that accepts
donations from parents and the Neighborhood Chair Program that accepts donations
from residents and businesses. She thanked the Council for their support.
Mayor Randels announced that the Central Florida Bar Association recognized City
Attorney Anthony Garganese as the Best of the Bar in 2004, for City, County and Local
Government Law. Attorney Garganese thanked the Mayor for the acknowledgement.
CONSENT AGENDA:
1. City Council Regular Meeting Minutes of February 1, 2005.
2. Motion to Adopt: Resolution No. 2005-05; Urging Members of the Florida
Legislature to Support Growth Management Issues During the 2005
Legislative Session.
3. Motion to Adopt: Resolution No. 2005-06; Appointing a Regular Member (A.
Schaffner) and Appointing an Alternate Member (J. Hale) to the
Beautification Board.
4. American Legion Request for a Waiver of Sewer Impact Fees and Building
Permit Fees.
5. Proposal from Florida Power and Light to Install Decorative Street Lighting in
the City Hall Complex Area.
Mayor Randels asked if any member of Council, staff or interested party desired to remove
any items from the Consent Agenda for discussion.
No request was made to remove an item for discussion.
Commander Tracy Rae thanked the Council and said that she hoped that the American
Legion would continue to be an asset to the community. Mayor Randels recounted some
of the many activities in which the American Legion participates that benefit those less
fortunate in the community.
A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to
Approve Consent Agenda Items No. 1 through 5. The vote on the motion carried 4-1
with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For, Mr. Petsos, For
and Mayor Randels, For.
City of Cape Canaveral, Florida
City Council Regular Meeting
February 15, 2005
Page 3 of 6
CONSIDERATIONS:
6. Motion to Approve: Design/Build Proposal from Stottler, Stagg & Associates
to Develop Banana River Park in the Amount of $135,000.
Ms. Hanson reported that the City received a Florida Recreation Development Assistant
Program grant for a 5 -acre parcel in the northwest section of the City near Central Blvd. &
State Road Al A. She stated that some of the grant components as a soccer field, fishing
platform, parking lot and playground equipment. Ms. Hanson stated that she did not
anticipate any other services on this contract and the amount is inclusive of the stated
components. Ms. Hanson assured Mr. Petsos that establishing grass is part of the
contract. She replied to Mr. Petsos that the offshore fishing platform would be constructed
as close as legally possible to the water. Ms. Hanson announced the Manatee Sanctuary
Park Grand Opening on Saturday, March 5�h at 11:00 P.M.
A motion was made by Mayor Pro Tem Hoog and seconded Mr. Miller to Approve
the Design/Build Proposal from Stottler, Stagg & Associates to Develop Banana
River Park in the Amount of $135,000. The vote on the motion carried 4-1 with
voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Petsos, For and
Mayor Randels, For.
7. Motion to Approve: Emergency Medical Services Agreement with Brevard
County.
Mayor Randels explained that the Cape Canaveral Volunteer Fire Department [CCVFD] is
the designated First Responder for all threatening illness emergencies. The County has
established that it would reimburse the CCVFD for their life support equipment, for medical
direction fees and for consumable supplies. Mr. Boucher clarified that the City and the Port
would share incoming revenue. Mayor Randels stated the reimbursed amount as
$70,224.60. Mr. Boucher remarked that Palm Bay's succession from the Emergency
Medical System could impact any future agreements.
A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to
Approve the Emergency Medical Services Agreement with Brevard County. The
vote on the motion carried 4-1 with voting as follows: Mayor Pro Tem Hoog, For; Mr.
Miller, For; Mr. Petsos, For and Mayor Randels, For.
8. Motion to Approve: Quarterly Treasurer's Report and Budget Transfers for
the Period Ending December 31, 2004.
Ms. Bowers stated that there are some eligible Federal Emergency Management Agency
[FEMA] related expenditures from which the City would be due reimbursement. Mr.
Gardulski responded to Mayor Randels that street signs were destroyed due to successive
hurricanes. Mr. Boucher said that he would provide a recap report on hurricane expenses.
City of Cape Canaveral, Florida
City Council Regular Meeting
February 15, 2005
Page 4 of 6
A motion was made by Mr. Petsos and seconded by Mr. Miller to Approve the
Quarterly Treasurer's Report and Budget Transfers for the Period Ending December
31, 2004. The vote on the motion carried 4-1 with voting as follows: Mayor Pro Tem
Hoog, For; Mr. Miller, For; Mr. Petsos, For and Mayor Randels, For.
REPORTS:
1. City Manager
• Mr. Boucher reported that he and the Public Works Director attended a Pre -Construction
Meeting with the Army Corps of Engineers. Beach re -nourishment crews will work from
Patrick Air Force Station moving northward. They are scheduled to begin on March 1 �' and
work 24 hours per day, 7 days per week. The contractor, Weeks Marine, has an ambitious
schedule and anticipates project conclusion by April 3(P before turtle -nesting season
begins.
• Mr. Boucher announced that Commissioner Ron Pritchard would meet with City
Council at the April 5"' meeting. Mr. Petsos expressed concern that the County directed
the City to remove the recently installed stop signs citing them as a liability and questioned
the validity of the action due to the low speed limit on the road. Mr. Boucher responded that
the County did not want stop signs used as speed control devices.
• Mr. Boucher reported that Ms. Hanson submitted a cost for reconfiguring the fencing at
Cape View Elementary School for approximately $3,000.
2. Staff
Public Works Director
• Mr. Gardulski reported on a meting with the Department of Transportation on March
2"d for the left-hand tum lane on North Atlantic Avenue.
• Mr. Gardulski reported on one bid received for the Stonmwater Drainage Improvements
Bid. Approximately nine packets were acquired, there were three representatives at the
Pre -Bid meeting and one bidder replied.
Building Official
• Mr. Morley reported a meting at the Brevard County Emergency Operations Center
for all municipal Building Departments to determine a uniform standard for hurricane
damage assessment.
• Mr. Morley also reported that the Oak Park and Perlas del Mar developers expressed
their cooperation with the City in its tree preservation efforts.
• Mr. Morley announced that the Residence Inn development firm is set to construct a
crane and auger pile driver on their project site and removing nuisance landscape plants
the following morning.
Recreation Director
Ms. Hanson asked if the building permit fees would be waived on the Banana River
Park project. Mayor Randels confirmed that Ms. Hanson's request for a waiver for any
building permit fees on the Banana River Park had been inclusive in Council's approval.
City of Cape Canaveral, Florida
City Council Regular Meeting
February 15, 2005
Page 5 of 6
City Treasurer
• No report.
City Clerk
• No report.
City Attorney
• No report.
AUDIENCE TO BE HEARD:
• Ms. Helen Filkins submitted a letter to the Council in response to the land -clearing
ordinance. She read that the Cape Canaveral tree ordinance should be named the "tree
preservation" ordinance. She read further that a $1,000 violation should be incurred for
unauthorized tree removal and no mitigation allowed. Mayor Randels informed that the
Council would attend an upcoming Planning and Zoning Board Workshop on February 23`d
at 6:00 P.M. She expressed the strong feelings of those concerned about tree removal.
3. City Council
Mr. Petsos
• Mr. Petsos announced the Sea Oats Planting beginning at 8 A.M. on Saturday,
February 19th at Cherie Down Park. All are encouraged to participate.
• Mr. Petsos announced that Boston Beef in Cape Canaveral won the Cocoa Beach
Chamber of Commerce Chowder Cook -Off contest.
• Mr. Petsos asked if the County Commissioner planned to fund the playground
equipment for the newly proposed park. Mr. Boucher replied that the Recreation Director
would compile an equipment needs list.
Mr. Miller
• Mr. Miller asked about the model shuttle project. Mr. Boucher replied that the firm
constructing the statute for the Manatee Sanctuary Park submitted a proposed model
shuttle cost of $160,000. Staff would continue to research this project.
Mayor Pro Tem Hoog
• Mayor Pro Tem Hoog reported that the Space Coast League of Cities is forming a
Committee for Growth Management and also reported on a proposed annexation
resolution regarding the County's incluse of certain roads during annexation.
• Mayor Pro Tem Hoog announced Legislative Day in Tallahassee on March 3e.
• Mayor Pro Tem Hoog also announced a School Board Summit meeting on March 4th at
9 A.M. with the School Board and the County Commission. All are invited to attend.
• Mayor Pro Tem Hoog announced a Growth Management Meeting on March 21st at 3:30
P.M. in the Florida Room at the Community Center at the Viera Government Center.
• Mayor Pro Tem Hoog related that his daughter's wedding and reception were held at the
new Manatee Sanctuary Park pavilion and encouraged the park's use due to its well-
maintained condition and favorable location.
City of Cape Canaveral, Florida
City Council Regular Meeting
February 15, 2005
Page 6 of 6
Mayor Randels
• Mayor Randels acknowledged the Recreation Director's notice of the Manatee Sanctuary
Park Grand Opening in the newspaper.
• Mayor Randels asked if any tools were needed for the Sea Oats Planting project. Mr.
Gardulski replied that planting implements would be provided, however, gloves are needed.
• Mayor Randels reported on the success of the Hometown News in providing information.
• Mayor Randels announced that Deputy John Moore of Canaveral Precinct was chosen
as Deputy of the Year in Brevard County for his heroic lifesaving efforts at the Palms
East Apartments. Mayor Randels requested to recognize him with a Key to the City at the
next City Council meeting.
• Mayor Randels noted in light of the Lake County officers assaulted that one deputy is
killed every 57 hours in America.
• Mayor Randels reported that the brochures for Beach Trolleys are available. Fees are
reasonably priced at $1.00 for riders and $.50 for senior passengers. There is no charge for
children or to transfer routes.
• Mayor Randels related that Brevard County is also awaiting federal funds from FEMA.
He stated that Brevard County was selected to receive an additional $3 million from its
original $16 million assessed. FEMA reassessed claims and $48 million was redirected
statewide away from counties that incurred minimal damage.
• Mayor Randels remarked on the beneficial work of the School Resource Officer to deter
violence in schools.
• Mayor Randels announced that $66 million in Florida Forever grant funding is available
that could be used to address existing flooding problems.
• Mayor Randels reported that Melbourne Beach with a population of 2,000 received $3.2
million in grant funds for oceanfront property to purchase and preserve a local restaurant.
• Mayor Randels announced that the Sheriffs Office would perform a patrol area house
check for residents away from home. Request forms are available.
• Mayor Randels reported that the Brevard Museum of Natural History and Science
incurred substantial hurricane damage. Mayor Randels asked that the Council consider
financial support since the museum hosted the City's 4(P Anniversary project. Discussion
concluded that the City of Cocoa community should provide such support.
ADJOURNMENT:
There being no further business, the Chair adjourned the meeting at 8:25 P.M.
Rocky Randels, MAYOR
Susan Stills, CITY CLERK
WHEREAS, by 1776, nearly 300,000 natives of Ireland had emigrated to the colonies that
would become the United States; and
WHEREAS, following the victory at Yorktown over the English a French Major General
reported that the Congress owed its existence, and America possibly owed its preservation to the fidelity of the
Irish; and
WHEREAS, at lease 8 signers of the Declaration of Independence were of Irish origin; and
WHEREAS, 18 Presidents have proudly proclaimed their Irish -American heritage; and
WHEREAS, in 1892, Irish born James Hoban, and Irish immigrants, assisted in the
construction of the United States Capital; and
WHEREAS, on June 14, 1794, Irish born John Barry was the first naval hero of the American
Revolution and became Commander -in -Chief of the United States Navy; and
WHEREAS, Captain John Barry fought the last sea battle of the Revolutionary War off the
coast of Florida and saved the United States Treasury; and
WHEREAS, in 1782, Commodore Oliver Perry, an Irish -American, achieved his major naval
victory in the Battle of Lake Erie; and
WHEREAS, in 1943, the Sullivan brothers made the ultimate sacrifice for democracy and
freedom in the world and later had the Destroyer USS Sullivan commissioned in their memory; and
WHEREAS, Governors and mayors of over 37 states and cities have or will designate March
of this year as "Irish -American Heritage Month"; and
WHEREAS, Irish -Americans have provided leadership in the Political, Business, and Religious
areas of this country since its inception; and
NOW, THEREFORE, I, Rocky Randels, Mayor of the City of Cape Canaveral, Brevard
County, Florida, do hereby proclaim the month of March 2005, as
IRISH AMERICAN HERITAGE MONTH
In the City of Cape Canaveral and do hereby encourage our citizens to observe the month by participating in
appropriate ceremonies and activities.
OFFICE OF
PRESIDENT
Division 2
Brevard Count
i L.c i2 i D R
Dear
I
INCORPORATED
Organized in New York City, May 4, 1836
EDURD KELLY
1.236 Silver Lake Dr
Melbourne, F1
32940-1950
321-259-9820
6 January 2005
IN AMRICA
Once again, the Brevard County Irish -American Community will
celebrate its heritage. Ever since Irish -American Andrew Jackson
became our first Governor, Irish -Americans have provided leadership
in and to our communities.
This year, we honor all the Brevard County Firemen for all their
efforts this past year. This year, Jim Duffy, a retired fireman
has been chosen as Grand Marshal of the Melbourne Saint Patrick's
Day parade. We also honor all of the current State and local leaders
who are members of our legislature, County Councils and City govern-
ments. Among these leaders have been many Irish -Americans of whom we
are very proud.
In the past, the month of March, St Patrick's day month, has
been designated, "IRISH -AMERICAN HERITAGE MONTH". The Ancient Order
of Hibernians will once again hold the St Patrick's day Parade in
Melbourne on 19 March 2005.
We would like to request that your office issue a proclamation
designating March as, "IRISH -AMERICAN HERITAGE MONTH", in support of
this celebration of the contributions of the Irish -Americans to our
communities over the years. We have provided a few suggested WHEREAS
statements for your review and possible use.
We would like to thank you for your kind consideration of this
request and are hopeful for ,your approval.,
EDWARD KELLY
President, Di n 2, Brevard County, F1
1236 Silver Lake Drive
Melbourne, Fl 32940-1950 Phone 321-259-9820
"Ireland Unfree Shall Never Be At Peace. "
PROCLAMATION
WHEREAS, by 1776, nearly 300,000 natives of Ireland had emigrated.to the colonies that
would become the United States; and
WHEREAS, following the victory at Yorktown over the English, a French Major General
reported that the Congress owed its existence, and America possibly owed its preservation to the
fidelity of the Irish; and
WHEREAS, at least 8 signers of the Declaration of Independence were of Irish origin; and
WHEREAS, 18 Presidents have proudly proclaimed their Irish -American heritage; and
WHEREAS, in 1892, Irish born James Hoban and Irish immigrants assisted in the
construction of the United States Capitol; and
WHEREAS, on 14 June 1794, Irish born John Barry was the first naval hero of the
American Revolution and became Commander -in -Chief of the United States Navy; and
WHEREAS, Captain John Barry fought the last sea battle of the Revolutionary War off the
coast of Florida and saved the United States Treasury; and
WHEREAS, in 1782, Commodore Oliver Perry, an Irish American achieved his major naval
victory in the Battle of Lake Erie; and
WHEREAS, in 1943, the Sullivan brothers made the ultimate sacrifice for democracy and
freedom in the world and later had the Destroyer USS Sullivan commissioned in their memory; and
WHEREAS, Governors and Mayors of over 37 states and cities have or will designate
March of this year as "Irish American Heritage Month "; and
WHEREAS, Irish -Americans have provided leadership in the Political, Business, and
Religious areas of this country since its inception; and
WHEREAS, the Ancient Order of Hibernians, a National, State, and County organization
was established to enhance Irish American heritage and is comprised of over 200 members
throughout Florida and this community; and
WHEREAS, Irish -American continue to provide leadership in this State, County, and
Community in political, business, and arts areas of our daily life.
Meeting Type: Regular
Meeting Date: 03-01-05
AGENDA
Heading
Considerations
Item
3
No.
requires the City to conduct water quality monitoring and public education after the project is completed. These
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSIDERATION: GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF
ENVIROMENTAL PROTECTION IN THE AMOUNT OF $263,402
DEPT./DIVISION: STORMWATER UTILITY
Requested Action:
City Council consider approval of a grant agreement with the Florida Department of Environmental Protection in
the amount of $263,402.
Summary Explanation & Background:
This grant funds 60% ($263,402) and the City's match is 40% ($179,601) for a project total of $443,003.
The City will install stormwater baffle boxes at Holman Road, Center Street and West Central Blvd. The grant also
requires the City to conduct water quality monitoring and public education after the project is completed. These
costs are part of the City's required match.
This is a budgeted item within the stormwater utility fund, and I recommend approval.
Exhibits Attached:
Grant agreement
City Ma r 'Office
Department STORMWATER UTILITY
/11
ca im\my en admin\c \2005\03-01-05\stormwater.doc
MEMORANDUM
TO: Bennett C. Boucher
City Manager
FROM: Ed Gardulski
Public Works Director
DATE: February 22, 2005
SUBJECT: City Council Agenda Item March 1, 2005
Bid Award 05-01 Drainage Improvements
Center Street, Holman Road, and Central Blvd Baffle Boxes
The City of Cape Canaveral has been selected for a 319 Cost Sharing Agreement
for the fiscal years 2005. The agreement will allow up to $179,601 (40%) in cost sharing for the
design and construction of three (3) Stormwater projects to be located at the end of Center
Street, Holman Avenue and Central Blvd. The grant amount is $263,402 or 60% of the total
project proposed cost of $443,000. Funds are budgeted within the Stormwater Fund Budget in
the amount of 439,003.
On August 3r' City Council approved Stottler Stagg & Associates (SSA) Design and Bid
Documents. The City advertised the Bid on January 8`h 2005 in the Florida Today. Twelve Bid
packages were distributed as the result of the advertisement. The Pre -Bid meeting was held on
February 1 ' at the City Hall Annex and three Contractors attended. Bid opening was held
promptly at 3:15 on February 15"h, 2005. The City of Cape Canaveral only received one Bid.
Gregori Construction and Engineering Inc., Sarver, Pennsylvania was low bidder in the
amount of $307,597.50. Staff conducted an extensive reference background check and found the
firm satisfactory. The City of Satellite Beach awarded the Contractor a similar construction
project that is currently underway. In addition, Pennsylvania DOT reported a satisfactory
reference. The Public Works Director requested and received a resume' of the Project
Superintendent, David Booth.
Recommend the approval of the Bid Award 05-01 to Gregori Construction and
Engineering Inc in amount of $307,597.50 for Center Street, Holman Avenue, and Central
Blvd. Baffle Boxes.
Attachment
CC: File
DEP AGREEMENT NO. G0136
STATE OF FLORIDA
GRANT AGREEMENT
PURSUANT TO
ENVIRONMENTAL PROTECTION AGENCY GRANT AWARD(S)
THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000
(hereinafter referred to as the "Department" or "DEP") and the CITY OF CAPE CANAVERAL, whose address is Public
Works Department, 105 Polk Avenue, Cape Canaveral, Florida 32920, (hereinafter referred to as "Grantee" or
"Recipient"), a local government, to provide funding for the Banana River Baffle Boxes Project.
WHEREAS, the Department is the recipient of federal financial assistance from the Environmental Protection
Agency (EPA); and,
WHEREAS, the Florida Department of Environmental Protection was awarded funding by the Environmental
Protection Agency pursuant to Grant Agreement No. C9-99451504-0; and,
WHEREAS, the Grantee has been determined to be a subrecipient of federal financial assistance from the U.S.
Environmental Protection Agency (EPA); and,
WHEREAS, the Grantee is responsible for complying with the appropriate federal guidelines in performance of its
activities pursuant to this Agreement.
NOW, THEREFORE, in consideration of the premises and the mutual benefits to be derived herefrom, the
Department and the Grantee do hereby agree as follows:
The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement,
Attachment A (Grant Work Plan), and all attachments and exhibits named herein which are attached hereto and
incorporated by reference. For purposes of this Agreement, the terms "Contract" and "Agreement" and the terms
"Grantee", "Recipient" and "Contractor", are used interchangeably.
This Agreement shall begin upon execution by both parties and shall remain in effect for a period of thirty-six (36)
months, inclusive. The Grantee shall be eligible for reimbursement for work performed on or after the date of
execution and until the expiration of this Agreement. The Grantee may document expenditures made on or after
August 1, 2004 for purposes of meeting its match requirement. This Agreement may be amended to provide for
additional services if additional funding is made available by EPA and/or the Legislature.
A. As consideration for the services rendered by the Grantee under the terms of this Agreement, the
Department shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $263,402.00
toward the total project cost described in Attachment A.
B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt
and acceptance of a properly completed Payment Request Summary Form (provided as Attachment B).
The Chief Financial Officer requires detailed supporting documentation of all costs under a cost
reimbursement agreement. In accordance with the Contract Payment Requirements (attached hereto and
made a part hereof as Attachment C), the Grantee shall comply with the minimum requirements set forth
therein. Invoices shall be accompanied by supporting documentation and other requirements as follows:
Salaries/Wages - The Grantee shall not be reimbursed for direct salaries or multipliers (i.e.,
fringe benefits, overhead, and/or general and administrative rates) for Grantee's employees.
Contractual (Subcontractors) - Reimbursement requests for payments to subcontractors must be
substantiated by copies of invoices with backup documentation identical to that required from the
DEP Agreement No. G0136, Page 1 of 10
Grantee. Subcontracts that involve payments for direct salaries shall clearly identify the
personnel involved, salary rate per hour, and hours/time spent on the project. All multipliers
used (i.e. fringe benefits, overhead, and/or general and administrative rates) shall be supported
by audit. If the Department determines that multipliers charged by any subcontractor exceeded
the rates supported by audit, the Grantee shall be required to reimburse such funds to the
Department within thirty (30) days of written notification. Interest on the excessive charges shall
be calculated based on the prevailing rate used by the State Board of Administration. Invoices
for reimbursement of fixed price subcontracts approved by the Department shall be documented
by copies of the paid invoices.
Travel — Requests for reimbursement of travel expenses are not authorized under the terms of
this Agreement.
Equipment - The purchase of non -expendable equipment costing $1,000 or more is not
authorized under the terms of this Agreement.
C. The Grantee may be required to submit a cost allocation plan to the Department in support of its
multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills for amounts
due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit
thereof. State guidelines for allowable costs can be found in the Department of Financial Services'
Reference Guide for State Expenditures at www.dbf.state.fl.us/aadir/reference guide and allowable costs
for Federal Programs can be found under 48 CFR Part 31 at h!W://www.access.gpo.gov/nara/cfr/cfr-table-
search.html and OMB Circulars A-87, A-122, A-21, as applicable, at
htip://www.whitehouse.gov/omb/circulars/index.html#numerical. Five copies of each invoice, including
appropriate backup documentation, shall be submitted to the Department's Grant Manager.
D. The Grantee will limit its participation in the salary rate (excluding overhead) paid to individual
consultants retained by grantee's or by a grantee's contractors or subcontractors to the maximum daily
rate for GS -18. This limitation applies to consultation services for designated individuals with specialized
skills who are paid at a daily or hourly rate. This rate does not include transportation and subsistence
costs for travel performed. Subagreements with firms for services, which are awarded using the
procurement requirements contained in 40 CFR 31.36, are not affected by this limitation.
E. The parties hereto understand and agree that this Agreement does require a cost sharing or match on the
part of the Grantee. The Grantee is responsible for providing $179,601.00 in cash or third party in-kind,
towards the work funded under this Agreement. All cost sharing/match shall meet the federal
requirements established in 48 CFR Part 31 and OMB Circulars A-87, A-122, A-21, as applicable.
F. Allowable costs will be determined in accordance with the cost principles applicable to the organization
incurring the costs. For purposes of this Agreement, the following cost principles are incorporated by
reference.
Organization Type
Applicable Cost Principles
State, local or Indian tribal government.
OMB Circular A-87
Private non-profit organization other than (1) an
OMB Circular A-122
institution of higher education, (2) hospital, or (3)
organization named in OMB Circular A-122 as not
subject to that circular.
Education Institutions
OMB Circular A-21
For-profit organization other than a hospital and an
48 CFR Part 31, Contract Cost Principles and
organization named in OMB A-122 as not subject
Procedures, or uniform cost accounting standards
to that circular.
that comply with cost principles acceptable to the
federal agency.
DEP Agreement No. G0136, Page 2 of 10
G. The table below identifies the funding supporting this Agreement and EPA Grants providing the funds.
EPA Grant Numb466.460
CFDA
Program Title FundingAmount
C9-99451504-0
Architectural & Engineering
Nonpoint Source Implementation $263,402.00
Total Fundin : $263,402.00
4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future
appropriations.
5. A. The Grantee shall submit progress reports in accordance with the schedule contained in Attachment A.
Progress reports shall be submitted in conjunction with the Payment Request Summary Form, described in
paragraph 3.13. Progress reports shall describe the work performed, problems encountered, problem
resolution, schedule updates and proposed work for the next reporting period. The Grantee shall utilize
the Progress Reporting Form, attached hereto and made a part hereof as Attachment D, for submitting its
progress report. Reports shall be submitted to the Department's Grant Manager no later than twenty (20)
days following the completion of the reporting period. The final report shall be submitted no later than
thirty (30) days prior to the completion date of the Agreement. The Department's Grant Manager shall
have ten (10) calendar days to review deliverables submitted by the Grantee.
B. The Grantee agrees to comply with the requirements of EPA's Program for Utilization of Small, Minority,
and Women's Business Enterprises in procurement under this Agreement.
1. The Grantee accepts the Minority Business Enterprise/Women's Business Enterprise
(MBE/WBE) "Fair Share" goals and objectives negotiated with EPA as follows:
2. If the Grantee does not want to rely on the applicable State's MBE/WBE goals, the Grantee
agrees to submit proposed MBE/WBE goals based on availability of qualified minority and
women -owned business to do work in the relevant market for construction, services, supplies and
equipment. "Fair Share" objectives must be submitted to the EPA Grants Management Office,
61 Forsyth Street, Atlanta, GA 30303 within thirty (30) calendar days of award and approved by
EPA no later than thirty (30) calendar days thereafter. Copies of all correspondence with EPA
shall also be forwarded to the Department's Grant Manager.
The Grantee agrees to ensure, to the fullest extent possible, that at least the applicable "Fair
Share" objectives of Federal funds for prime contracts or subcontracts for supplies, construction,
equipment or services are made available to organizations owned or controlled by socially and
economically disadvantaged individuals, women and Historically Black Colleges and
Universities.
The Grantee agrees to include in its bid documents the applicable "Fair Share" objectives and
require all of its prime contractors to include in their bid documents for subcontracts the
negotiated "Fair Share" percentages.
5. The Grantee agrees to follow the six affirmative steps or positive efforts stated in 40 C.F.R.
30.44(b), 40 C.F.R. 31.36(e), or 40 C.F.R. 35.6580, as appropriate, and retain records
documenting compliance.
DEP Agreement No. G0136, Page 3 of 10
Florida Fair Share Goals
Industry
Goal
Architectural & Engineering
Services 10% MBE and 15% WBE
Commodities
7% MBE and 17% WBE
Contractual Services
14% MBE and 36% WBE
Construction non SRF
10% MBE and 11% WBE
2. If the Grantee does not want to rely on the applicable State's MBE/WBE goals, the Grantee
agrees to submit proposed MBE/WBE goals based on availability of qualified minority and
women -owned business to do work in the relevant market for construction, services, supplies and
equipment. "Fair Share" objectives must be submitted to the EPA Grants Management Office,
61 Forsyth Street, Atlanta, GA 30303 within thirty (30) calendar days of award and approved by
EPA no later than thirty (30) calendar days thereafter. Copies of all correspondence with EPA
shall also be forwarded to the Department's Grant Manager.
The Grantee agrees to ensure, to the fullest extent possible, that at least the applicable "Fair
Share" objectives of Federal funds for prime contracts or subcontracts for supplies, construction,
equipment or services are made available to organizations owned or controlled by socially and
economically disadvantaged individuals, women and Historically Black Colleges and
Universities.
The Grantee agrees to include in its bid documents the applicable "Fair Share" objectives and
require all of its prime contractors to include in their bid documents for subcontracts the
negotiated "Fair Share" percentages.
5. The Grantee agrees to follow the six affirmative steps or positive efforts stated in 40 C.F.R.
30.44(b), 40 C.F.R. 31.36(e), or 40 C.F.R. 35.6580, as appropriate, and retain records
documenting compliance.
DEP Agreement No. G0136, Page 3 of 10
6. The Grantee agrees to submit a report documenting MBE/WBE utilization under federal grants
in conjunction with the required progress reports (see paragraph 5.A).
7. If race and/or gender neutral efforts prove inadequate to achieve a "Fair Share" objective, the
Grantee agrees to notify the Department and EPA in advance of any race and/or gender
conscious action it plans to take to more closely achieve the "Fair Share" objective.
In accordance with Section 129 of Public Law 100-590, the Small Business Administration
Reauthorization and Amendment Act of 1988, the recipient agrees to utilize and to encourage
any prime contractors under this Agreement to utilize small businesses located in rural areas to
the maximum extent possible. The Grantee agrees to follow the six affirmative steps stated in 40
C.F.R. 30.44(b), 40 C.F.R. 31.36, or 40 C.F.R. 35.6580, as appropriate, in the award of any
contracts under this Agreement.
C. Pursuant to EPA Order 1000.25, dated January 24, 1990, the recipient agrees to use recycled paper for all
reports which are prepared as a part of this Agreement and delivered to the Department. This requirement
does not apply to reports which are prepared on forms supplied by EPA. This requirement applies even
when the cost of recycled paper is higher than that of virgin paper.
D. A draft comprehensive final report (hard copy and electronic) must be submitted no later than sixty (60)
days prior to the completion date of the Agreement. The Department will review the draft final report and
provide comments for inclusion in the final report within 30 days. Five (5) hard copies, plus one
electronic copy in Adobe.pdf format or Microsoft Word Format, of a comprehensive final report must be
submitted no later than the completion date of the Agreement. The Grantee's final report shall include an
accounting of all project expenses, a report of all matching funds contributed on behalf of the Grantee,
and a statement acknowledging that the project has been supported by a grant from the U.S.
Environmental Protection Agency. The following language shall be included on the cover page of the
final project report:
"This project and the preparation of this report was funded in part by a Section 319 Nonpoint Source
Management Program Implementation grant from the U.S. Environmental Protection Agency through an
agreement/contract with the Nonpoint Source Management Section of the Florida Department of
Environmental Protection. The total cost of the project was $[show actual amount], of which $[show
actual amount] or [show actual percentage] percent was provided by the U.S. Environmental Protection
Agency."
Additionally, all other final deliverables required by this Agreement (such as booklets, pamphlets, videos,
scientific papers, etc.) which were funded in whole or in part by federal sources shall include the language
below to acknowledge the federal government's participation in the project.
"This (booklet, pamphlet, video, paper, etc. as appropriate) was funded in part by a Section 319
Nonpoint Source Management Program Implementation grant from the U.S. Environmental Protection
Agency through an agreement/contract with the Nonpoint Source Management Section of the Florida
Department of Environmental Protection."
The Grantee agrees to provide a copy of any draft report and/or final report to the Department before
making, or allowing to be made, a press release, publication, or other public announcement of the
project's outcome. This shall not be construed to be a limitation upon the operation and applicability of
Chapter 119, Florida Statutes.
6. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and
agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or
the provisions of Section 768.28, Florida Statutes.
DEP Agreement No. G0136, Page 4 of 10
A. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to
fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide
thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an
opportunity to consult with the Department regarding the reason(s) for termination.
B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30)
calendar days written notice.
C. The parties hereto may agree to terminate this Agreement for convenience as evidenced by written
amendment of this Agreement. The amendment shall establish the effective date of the termination and
the procedures for proper closeout of the Agreement.
D. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public
access to all documents, papers, letters, or other material made or received by the Grantee in conjunction
with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State
Constitution and Section 119.07(1), Florida Statutes.
8. If the Grantee materially fails to comply with the terms and conditions of this Agreement, including any Federal or
State statutes, rules or regulations, applicable to this Agreement, the Department may take one or more of the
following actions, as appropriate for the circumstances.
A. Temporarily withhold cash payments pending correction of the deficiency by the Grantee.
B. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of
the activity or action not in compliance.
C. Wholly or partly suspend or terminate this Agreement.
D. Withhold further awards for the project or program.
E. Take other remedies that may be legally available.
F. Costs of the Grantee resulting from obligations incurred by the Grantee during a suspension or after
termination of the Agreement are not allowable unless the Department expressly authorizes them in the
notice of suspension or termination. Other Grantee costs during suspension or after termination which are
necessary and not reasonably avoidable are allowable if the following apply.
1. The costs result from obligations which were properly incurred by the recipient before the
effective date of suspension or termination, are not in anticipation of it, and in the case of
termination, are noncancellable.
2. The cost would be allowable if the Agreement were not suspended or expired normally at the end
of the funding period in which the termination takes place.
G. The remedies identified above, do not preclude the Grantee from being subject to debarment and
suspension under Executive Orders 12549 and 12689.
9. A. The Grantee shall maintain books, records and documents directly pertinent to performance under this
Agreement in accordance with generally accepted accounting principles consistently applied. The
Department, the State, or their authorized representatives shall have access to such records for audit
purposes during the term of this Agreement and for five years following Agreement completion. In the
event any work is subgranted or subcontracted, the Grantee shall similarly require each subgrantee and
subcontractor to maintain and allow access to such records for audit purposes.
DEP Agreement No. G0136, Page 5 of 10
B. The Grantee agrees that if any litigation, claim, or audit is started before the expiration of the record
retention period established above, the records shall be retained until all litigation, claims or audit findings
involving the records have been resolved and final action taken.
C. Records for real property and equipment acquired with Federal funds shall be retained for five years
following final disposition.
10. In addition to the provisions contained in paragraph 9 above, the Grantee shall comply with the applicable
provisions contained in Attachment E, Special Audit Requirements. A revised copy of Attachment E, Exhibit -
1, must be provided to the Grantee with each amendment which authorizes a funding increase or decrease. The
revised Exhibit -1 shall summarize the funding sources supporting the Agreement for purposes of assisting the
Grantee in complying with the requirements of Attachment E. If the Grantee fails to receive a revised copy of
Attachment E, Exhibit -1, the Grantee shall notify the Department's Grants Development and Review Manager at
850/245-2361 to request a copy of the updated information.
11. A. The Grantee shall not subcontract work under this Agreement without the prior written consent of the
Department's Grant Manager, unless the subcontractor has been identified in the Grant Work Plan. The
Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and
agrees to be responsible for the payment of all monies due under any subcontract. It is understood and
agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or
liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for
all expenses and liabilities incurred under the subcontract.
B. The Grantee agrees to comply with the procurement requirements contained in 40 C.F.R. 31.36 for its
selection of subcontractors.
C. The Grantee agrees to notify the Department of all subcontractors not identified in the Grant Work Plan
no less than twenty days prior to the effective date of the subcontracts for the purpose of approval by the
Department. The Grantee agrees to provide the Department with an executed copy of all subcontracts
within ten days after the effective date of the agreement.
D. The Department of Environmental Protection supports diversity in its procurement program and requests
that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The
award of subcontracts should reflect the full diversity of the citizens of the State of Florida. The
Department will be glad to furnish a list of minority owned businesses for consideration in subcontracting
opportunities.
12. A. The Grantee certifies that no Federal appropriated funds have been paid or will be paid, on or after
December 22, 1989, by or on behalf of the Grantee, to any person for influencing or attempting to
influence an officer or employee of an agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress, in connection with the awarding, renewal, amending
or modifying of any Federal contract, grant, or cooperative agreement. If any non -Federal funds are used
for lobbying activities as described above, the Grantee shall submit Attachment F, Standard
Form -LLL, "Disclosure of Lobbying Activities" (attached hereto and made a part hereof), and shall file
quarterly updates of any material changes. The Grantee shall require the language of this certification to
be included in all subcontracts, and all subcontractors shall certify and disclose accordingly. [40 CFR 341
B. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds
provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state
agency.
C. Pursuant to the Lobbying Disclosure Act of 1995, any organization described in Section 501(c)4 of the
Internal Revenue Code of 1986 shall not be eligible for subgrants under this Agreement, unless such
organization warrants that it does not, and will not, engage in lobbying activities prohibited by the Act as
a special condition of the subgrant. This restriction does not apply to loans made pursuant to approved
revolving loan programs or to contracts awarded using proper procurement procedures.
DEP Agreement No. G0136, Page 6 of 10
D. The Grantee's Chief Executive Officer shall certify that no funds provided under this Agreement have
been used to engage in the lobbying of the Federal Government or in litigation against the United States
unless authorized under existing law. The Grantee shall submit Attachment G, "Lobbying and
Litigation Certificate" (attached hereto and made a part hereof) to the Department within ninety (90)
days following the completion of the Agreement period.
13. The Grantee shall comply with all applicable federal, state and local rules and regulations in performing under this
Agreement. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state
and local health and safety rules and regulations. The Grantee fin-ther agrees to include this provision in all
subcontracts issued as a result of this Agreement.
14. The Department's Grant Manager (which may also be referred to as the Department's Project Manager) for this
Agreement is identified below.
David Worley
Florida Department of Environmental Protection
Non Point Source Management Section
2600 Blair Stone Road, MS# 3570
Tallahassee, Florida 32399-2400
Telephone No.: 850/245-7514
SunCom No.: 205-7514
Fax No.: 850/245-8434
SunCom Fax No.: 205-8434
E-mail Address: david.worley@dep.state.fl.us
15. The Grantee's Grant Manager (which may also be referred to as the Grantee's Project Manager) for this Agreement
is identified below.
Jeff Ratliff
City of Cape Canaveral
Public Works Department
105 Polk Avenue
Cape Canaveral, Florida 32920
Telephone No.: 321/868-1240
Fax No.: 321/868-1233
E-mail Address: 'aratliff bellsouth.net
16. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life
of this Agreement, Workers' Compensation Insurance for all of his employees connected with the work of this
project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide
Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the
protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the
Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this
Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each
subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees
not otherwise protected.
17. The Grantee warrants and represents that it is self-funded for liability insurance, appropriate and allowable under
Florida law, and that such self-insurance offers protection applicable to the Grantee's officers, employees, servants
and agents while acting within the scope of their employment with the Grantee.
18. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in
any manner or degree with the performance of services required.
DEP Agreement No. G0136, Page 7 of 10
19. The purchase of non -expendable personal property or equipment costing $1,000 or more is not authorized under
the terms of this Agreement.
20. The Department may at any time, by written order designated to be a change order, make any change in the work
within the general scope of this Agreement (e.g., specifications, timeline within current authorized Agreement
period, method or manner of performance, requirements, etc.). All change orders are subject to the mutual
agreement of both parties as evidenced in writing. Any change order, which causes an increase or decrease in the
Grantee's cost or time, shall require formal amendment to this Agreement.
21. The Hotel and Motel Fire Safety Act of 1990 (Public Law 101-391) establishes a number of fire safety standards
which must be met for hotels and motels. The Grantee acknowledges that Federal funds may not be used to
sponsor a conference, meeting, or training seminar held in a hotel or motel which does not meet the requirements
of the Hotel and Motel Fire Safety Act of 1990.
22. If the Grantee's project involves environmentally related measurements or data generation, including the
development of models that may be used in regulatory decisions, the Grantee shall develop and implement quality
assurance practices consisting of policies, procedures, specifications, standards, and documentation sufficient to
produce data of quality adequate to meet project objectives and to minimize loss of data due to out -of -control
conditions or malfunctions. All sampling and analyses performed under this Agreement must conform with the
requirements set forth in Chapter 62-160, Florida Administrative Code, and the Quality Assurance Requirements
for Department Agreements, attached hereto and made part hereof as Attachment H.
23. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded
from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in
performance of this Agreement.
B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a
contract to provide goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit bids on leases of
real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or
consultant under contract with any public entity, and may not transact business with any public entity.
The Florida Department of Management Services is responsible for maintaining the discriminatory vendor
list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be
directed to the Florida Department of Management Services, Office of Supplier Diversity at 850/487-
0915.
24. A. In accordance with Executive Order 12549, Debarment and Suspension (40 CFR 32), the Grantee agrees
and certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency; and, that the Grantee shall not knowingly enter into any lower tier contract, or other
covered transaction, with a person who is similarly debarred or suspended from participating in this
covered transaction, unless authorized in writing by EPA to the Department.
B. Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return a copy of
the form entitled "Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion
- Lower Tier Federally Funded Transactions", attached hereto and made a part hereof as Attachment I.
C. As required by paragraphs A and B above, the Grantee shall include the language of this section, and
Attachment I in all subcontracts or lower tier agreements executed to support the Grantee's work under
this Agreement.
25. The Environmental Protection Agency and Department, reserve a royalty -free, nonexclusive, and irrevocable
license to reproduce, publish or otherwise use, and to authorize others to use, for government purposes:
A. The copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant.
DEP Agreement No. G0136, Page 8 of 10
B. Any rights of copyright to which a grantee, subgrantee or a contractor purchases ownership with grant
support.
26. The Grantee agrees to comply with, and include as appropriate in contracts and subgrants, the provisions contained
in Attachment J, Contract Provisions, attached hereto and made a part hereof. In addition, the Grantee
acknowledges that the applicable regulations listed in Attachment 1r, Regulations, attached hereto and made a
part hereof, shall apply to this Agreement.
27. Land acquisition is not authorized under the terms of this Agreement.
28. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications
or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed
by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. G0136, Page 9 of 10
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last
written below.
CITY OF CAPE CANAVERAL
By:
Title:*
Date:
FEID No.: 59-0974636
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By: L Q
SeVetary o d ignee
Date: b-!�'
David Worley, DEP Grant Manager
DEP Contracts Administrator
Approved as to form and legality:
DEP ttorney
*For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement, a
resolution, statement or other document authorizing that person to sign the Agreement on behalf of the governmental
board/commission must accompany the Agreement.
List of attachments/exhibits included as part of this Agreement:
Specify Letter/
Type Number Description (include number of pages)
Attachment
A
Grant Work Plan (8 Pages)
Attachment
B
Payment Request Summary Form and Instructions (2 Pages)
Attachment
C
Contract Payment Requirements (1 Page)
Attachment
D
Progress Report Form (2 Pages)
Attachment
E
Special Audit Requirements (5 Pages)
Attachment
F
Disclosure of Lobbying Activities (2 Pages)
Attachment
G
Lobbying and Litigation Certificate 0 Page)
Attachment
H
Quality Assurance Requirements (4 Pages)
Attachment
I
Certification Regarding Debarment/Suspension (2 Pages)
Attachment
J
Contract Provisions (3 Pages)
Attachment
K
Regulations (1 Page)
DEP Agreement No. G0136, Page 10 of 10
ATTACHMENT A
GRANT WORK PLAN
BANANA RIVER BAFFLE BOXES
COOPERATING ORGANIZATIONS:
1. Cape Canaveral Public Works Department (City)
2. Indian River Lagoon Program, St. Johns River Water Management District (SJRWMD)
PROJECT LOCATION:
NPS Priority Watershed: Indian River Lagoon
Hydrologic Unit Code: 03080202
The project, a series of baffle boxes, is located approximately three blocks east and adjacent to the Banana
River Lagoon, and approximately four miles south of SR 528. The longitude of the project sites are near
8060' 05" and the latitude is 28i40'06". The site is located within the Sections 15 and 22, Township 24
South, Range 37 East in Brevard County, within the city limits of Cape Canaveral.
Implementing the Best Management Practices (BMPs) will be part of the City's long term goal of
providing stormwater treatment for the whole City. The proposed baffle boxes in this project will provide
significant treatment of Total Suspended Solids (TSS), heavy metals, and nutrients for three of the City's
six drainage basins.
The total drainage basin for this site is 403 acres of single family residential, commercial, and industrial
area. The vast majority of this watershed drains westward to the Banana River in the Indian River Lagoon
(IRL), designated by EPA as an "estuary of national significance," also a state priority waterbody
designated under the Surface Water Improvement & Management Program (SWIM), and part of the state's
Unified Watershed Assessment. The proposed baffle boxes in this project will provide significant
treatment of Total Suspended Solids (TSS), heavy metals, and nutrients for this drainage basin.
POLLUTION REDUCTION STRATEGY:
This project has been incorporated as part of the City of Cape Canaveral's 5 -year Capital Improvement
Plan. Cape Canaveral's receiving waters is the Banana River, a waterbody segment of the Indian River
Lagoon — segment I.C.1 of the Indian River Lagoon as specified in the IRLSWIM plan (Appendix 5,
SWIM, revised 1994). The City's stormwater utility uses the SWIM Plan and IRLCCMP as guidance for
the City's stormwater program — see IRLCCMP Progress Report, City of Cape Canaveral. The concept
proposed for 319 funding embraces several of the Actions in the Indian River Lagoon Comprehensive
Conservation and Management Plan (IRLCCMP) (Appendix 5, IRLCCMP, revised 1998)).
Implementation of stormwater improvements to small drainage basins is generally described in the Indian
River Lagoon National Estuary Program's Comprehensive Conservation and Management Plan, revised in
1998 under the Freshwater and Stormwater Discharge Section, Recommendations for Small Drainage
Systems, Action FSD-13. Specifically, Action 13.03. Where appropriate, implement technologies, such as
"baffle boxes" and catch basin inserts, to provide additional stormwater treatment in existing drainage
systems. These technologies may provide interim or final solutions for older drainage systems." As well
as, Action 13.04, "Include stormwater system retrofitting and upgrades in projects such as road
maintenance and widening, utility system repairs and upgrades, urban renewal or redevelopment, or similar
projects." Both actions appear to address the component accomplished when implementing stormwater
improvements such as that described in this proposal. This urban stormwater retrofit BMP satisfies these
Actions of the IRLCCMP: FSD-4, FSD-6, FSD 11, FSD13, W-6, W-7, PIE -2 and PIE -4. The City has
actively involved the community in the City's Capital Improvement Program, which includes this project —
involving them in the planning stage and improvement of the project area. As with all of City's major
stormwater improvement projects, an educational sign will be erected at the site which describes the
improvement and the need for stormwater management within the County for resource protection (FSD-11,
PIE -3, PIE -4).
DEP Agreement No. G0136, Attachment A, Page 1 of 8
ESTIMATED POLLUTANT LOAD REDUCTION:
The stormwater strategy for this project will be the reduction of suspended solids from runoff using baffle
boxes to trap sediment. Currently there are no stormwater treatment practices employed in these drainage
basins. Nutrient Separating Baffle Boxes at each of the three outfall pipes will prevent sediment and
floating trash from entering the Banana River, providing a reduction in TSS and nutrients.
Stormwater loading rates are calculated from the report "Stormwater Loading Rate Parameters for Central
and South Florida", Harvey Harper, 1994. From Brevard County studies, Dr. Pandit, 1995, it is estimated
that a baffle box will remove 80% of TSS and 30% Total Phosphorus.
Banana River Baffle Boxes
The drainage basin for this site is 403 acres of single family residential, commercial, and industrial area.
The following annual pollutant loads are projected at this site:
Estimated Annual Loadings
Residential Area
Commercial Area
Annual Load Reduction
(k yr)
TSS
Total P
Total
TSS
Total P
Loading
Loading
Loading
Annual
Loading
Loading
Area
Rate
Rate
Area
Rate
Rate
ac)
(kg/ac-yr)
(kg/ac- r
ac)
(kg/ac-yr)
(k /ac- r
170.8
56.1
1 .594
189.2
435
1.96
Industrial Area
Totals
Annual Load Reduction
(k yr)
TSS
Total P
Total
Total
30%
Loading
Loading
Annual
Annual
Area
Rate
Rate
TSS Load
TP Load
ac
k ac- r
(kg/ac-yr)
r
k/ r
42.9
383
1 1.24
108,314
525
The proposed improvement for these 3 outfalls is 3 Nutrient Separating Baffle Boxes treating 403 acres.
Estimated Removal Efficiency for Baffle Boxes
Parameter
Removal
Efficient
Annual Load Reduction
(k yr)
TSS
80%
86,651
Total P
30%
158
PROJECT OBJECTIVES:
In 1994, Woodward -Clyde, consultants under contract to the Indian River Lagoon National Estuary
Program (IRLNEP), published eight volumes of technical reports describing the historical data reviewed,
their assessment of the data and its reliability. The three reports considered pertinent for Cape Canaveral
are the following : Status and Trends Summary of the Lagoon, The Preliminary Water and Sediment
Quality Assessment of the Indian River Lagoon, and Loadings Assessment of the Indian River Lagoon. In
these volumes of literature, the Cape Canaveral area of the Lagoon (including Banana River, Sykes Creek
and Newfound Harbor) is designated by Woodward Clyde as Segment -113. Segment 1B, known as the
Banana River basin, is further divided into 2 sub -basins within the basin. The largest pollutant loadings in
DEP Agreement No. G0136, Attachment A, Page 2 of 8
this segment are contributed by the smaller subbasin of Sykes Creek, due largely to the intensive land use
and built -out area. This area does not contain the Cape Canaveral Area. The reports summarize that the
Cape Canaveral area has observe a steady decline in seagrasses with the continued development of the area.
Woodward -Clyde listed priority issues for the Lagoon as follows: (1) reduction of stormwater runoff loads
from the urban areas; (2) the initiation of studies to determine if septic tanks are impacting the Lagoon by
contributing fecal coliform and excess nutrients; (3) the retrofitting of stormwater systems in developed
urban areas including US Highway 1; and (4) the use of best management practices (BMPs) in stormwater
treatment.
Section 303(d) of the Clean Water Act (CWA) requires states to submit lists of surface waters that do not
meet applicable water quality standards (impaired waters) after implementation of technology based
effluent limitations, and establish Total Maximum Daily Loads (TMDLs) for these waters on a prioritized
schedule. TMDLs establish the maximum amounts of pollutants that a water body can assimilate without
causing exceedances of water quality standards. Development of TMDLs is an important step toward
restoring our waters to their designated uses. In order to achieve the water quality benefits intended by the
CWA, it is critical that TMDLs, once developed, be implemented as soon as possible. FDEP has listed the
IRL watershed and given it a low priority for developing TMDLs. Completion dates for developing
TMDLs for this water body is 2010.
To date, Pollutant Load Reduction Goals (PLRGs) have not been established for the Rockledge area or for
other waters in the vicinity. The St. Johns River Water Management District (SJRWMD) has initiated the
PLRG development process and is refining the model to develop goals for this area.
As noted in the City's recently completed Stormwater Master Plan, (Stottler Stagg & Associates, Sept.
2000) several long term data sets analyzed by Brevard County's Office of Natural Resource Management
(1987-1994) reflect a decline in sea grass beds in the Banana River Lagoon in the Cape Canaveral vicinity.
This report also notes, "Increased nutrient loads in the basin from urban growth and treated sewage
discharges have resulted in water degradation, as seen in loss of seagrass beds and declining harvest of
fish." It also states, "One of the major purposes for upgrading the City's stormwater plan for Cape
Canaveral would be to improve the water quality at the City's major outfalls to the Banana River."
Therefore, the goal of the proposed project is to improve the quality of stormwater runoff from the 403 -acre
basin to the Banana River through three major outlets.
The primary objectives of this project is to provide water quality treatment for the untreated stormwater
discharges to the River. The water quality treatment will also allow flood protection improvements in areas
where this is needed. The objectives to be achieved by this project include:
• To reduce water quality impacts to the receiving water body, Banana River and the Indian River
Lagoon.
• To design and implement a permittable project by federal, state, and local jurisdictional agencies.
• To implement a cost effective project.
Match for this project will be provided through the City's Stormwater Utility Fee, which has a single family
residence fee of $3/month or $36/year
PROJECT DESCRIPTION:
Background: The City of Cape Canaveral lies on the barrier island of Brevard County. Stottler Stagg and
Associates completed a Stormwater Master Plan for Cape Canaveral in 2000. Three of the major drainage
basins identified in the Masterplan were the Central, Holman, and Center Drainage basins. These basins
consist of 403 acres of commercial and residential property, which discharges to the Banana River via three
54" concrete pipes. At the outfall of these 54" pipes, considerable sand bars have built up due to
sedimentation. The basins are almost completely built out, with little or no vacant land for stormwater
DEP Agreement No. G0136, Attachment A, Page 3 of 8
ponds. The strategy proposed in the Masterplan for retrofitting these basins is to construct Nutrient
Separating baffle boxes along Central Avenue, Holman Avenue, and Center Street near the outfalls of the
54" pipes. According to the CCMP for the Indian River Lagoon, the pollutants of concern for this area are
suspended solids and nutrients. Using baffle boxes at outfalls has proven to be an effective BMP for
treating suspended sediments and nutrients in gross pollutants.
SPECIFIC OUTPUTS/DELIVERABLES (e.g. reports, manuals, videos, maps, BMPs, meetings, field
days, issued permits, etc.) A complete list of all tasks and their outputs:
Task 1: Survey Project Site
Description: The City's engineering consultant will prepare a complete survey of the baffle box locations.
Expected Results: A complete, efficient and cost effective survey.
Deliverables: A complete survey of the project locations.
Task 2: Engineering Design
Description: The City's engineering consultant will prepare design specifications and construction
documents for installation of three baffle boxes along Central Avenue, Holman Avenue, and Center Street.
(Post construction surface water monitoring will be conducted over a 1+ year time frame, see Task 6
below.) The baffle boxes will be installed in existing street right-of-ways.
Expected Results: A complete, efficient, and cost effective design with permits.
Deliverables: A complete set of design and construction drawings with construction specifications.
Task 3 : Prepare, Send, Receive, Evaluate and Award Construction Bid
Description: City personnel will prepare, advertise for, send, receive, and evaluate bids for construction of
the Nutrient Separating baffle boxes. An award will be made, contracts signed and notice to proceed given.
Expected Results: A number of received competitive bids will be evaluated and a responsible low bid that
is within budget will be selected.
Deliverables: A construction contract with a Notice to Proceed given to the responsible low bidder.
Task 4: Construction of Stormwater Facilities
Description: The City's selected contractor will construct the baffle boxes.
Expected Results: Complete and adequately constructed facilities.
Deliverables: The acceptance of the facilities as completed facilities according to design.
Task 5: Post Grant Project Administration
Description: After the grant has been awarded, the City's grant administrator shall provide ongoing
monitoring of project schedules to assure compliance with timelines outlined in the grant contract.
Required grant quarterly reports to DEP, construction contract coordination with DEP, Quality Assurance
Monitoring plans, stormwater monitoring reports, and preliminary and final project reports will be written
by the grant administrator.
Expected Results: Continual monitoring of the grant status will provide a smooth flow of the required work
for the various phases of this project as well as compliance with grant contract schedules. Compliance with
grant schedules will enhance future opportunities for grant acquisition as well as maintaining positive
relationships with affected citizens.
Deliverables: Quarterly reports to DEP, stormwater monitoring reports, and preliminary and final project
reports will be written.
Task 6: Implementation of Water Quality Monitoring Program
Description: At the outfall location, background monitoring will be conducted to determine mean event
concentrations for standard pollutant parameters. After construction is completed, 3 samples will be taken
with auto -samplers at the inflow and outflow points of one of the baffle boxes.
Expected Results: This monitoring plan will provide data for measuring the effectiveness of the use of a
baffle box.
Deliverables: Monthly stormwater reports, storm event auto -sampler reports, and an annual stormwater
analysis reports will be completed.
DEP Agreement No. G0136, Attachment A, Page 4 of 8
Task 7: Implementation of Education Component
Description: The public education component will include coverage of the project in the City of Cape
Canaveral website accessible to all residents and news items in local sections of three local newspapers.
Press releases will be distributed upon project completion and educational signage will be provided on site.
Exyected Results: The public education component will include coverage of the project in the City of Cape
Canaveral website and news items in local sections of a local newspaper. Press releases will be distributed
upon project completion and educational signage will be provided on site. The City of Cape Canaveral will
administer this component.
Deliverables: Quarterly information regarding the status of the project conveyed to the public. Slides will
be taken throughout the design and construction phases of the project and will be provided with the final
report. Educational signage will be provided on site.
PROJECT MILESTONES: (including start, completion and reporting dates):
Soon after the award is announced a surface water -monitoring plan will be developed and provided to
FDEP within the three-month timeline requested in the grant guidelines.
Task/Activity
Start
Complete
Task 1: Survey Project Site
Month 1
Month 2
Task 2: Engineering Design
Month 3
Month 5
Task 3: Prepare, Send, Receive, Evaluate and Award
Construction Bid
Month 6
Month 8
Task 4: Construction of Stormwater Facilities
Month 10
Month 13
Task 5: Post Grant Project Administration
Month 4
Month 19
Task 6: Implementation of Water Quality Monitoring Program
Month 13
Month 19
Task 7: Implementation of Education
Month 5
Month 17
Progress Reports & Invoices
Quarterly
Draft Final Report
Month 34=:::]
Final Report & Invoice
Month 35
EDUCATION AT BANANA RIVER BAFFLE BOXES
The City of Cape Canaveral updates its website regularly with articles for city residents informing them of
the activities that are ongoing by city staff and describing the various capital projects around the
municipality. These articles will carry updates of the status of this 319(h) grant project, as one of the
projects that is being accomplished with stormwater utility fee receipts.
There are also two newspapers in circulation, the Florida Today and Orlando Sentinel. The Florida Today
is the local newspaper. The Florida Today has daily local sections during the week. The reporters for these
papers are always looking for good stories to report. This project is assured of providing plenty of
opportunities for reporting over the year- long project. Press releases will also be issued to the local media
upon completion of the project's construction.
Finally, photos will be taken throughout the design and construction phases of the project. They will be
provided with the final report. Also, educational signage with information about contributing agencies will
be installed in the Cape Canaveral area as well as a public education kiosk explaining the stormwater
improvements and its water quality benefits to the IRL for eliminating suspended solids and freshwater
contribution.
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DEP Agreement No. G0136, Attachment A, Page 5 of 8
PROJECT BUDGET: $439,003
GRANT FUNDING REQUESTED: $263,402 from 319(h)
BUDGET BY ACTIVITY:
PROJECT FUNDING ACTIVITY 319 $ AMOUNT MATCHING FUNDS
Activit By Source(Entity)
Staff 0 0
Travel 0 0
Equipment 0
Supplies 0
Contractual (BMP Implementation/ Construction) $263,402 $134,601 (CC SU)
Monitoring 0 $30,000 (CC SU)
Public Education 0 $5,000 (CC SU)
Other (draft and final reports) Post -Award Grant 0 $10,000 (CC SU)
Administration
TOTAL $263,4021 $179.601
TOTAL PROJECTED COST:
CC SU: Cape Canaveral Stormwater Utility
BUDGET BY TASK:
% Match = 40%
TASK 319 h FUNDS NON FEDERAL MATCH
Task 1: Survey Project Site 0 $18,000 (CC SU)
Task 2: Engineering Design 0 $59,800 (CC SU)
Task 3: Prepare, Send, Receive, Evaluate 0 $3,000 (CC SU)
and Award Construction Bid
Task 4: Construction of Stormwater $263,402 $53,801 (CC SU)
Facilities
Task 5: Post Award Grant Administration 0 $10,000 (CC SU)
Task 6: Water Quality Monitoring Program 0 $30,000 (CC SU)
Task 7: Education Component 0 $5,000 (CC SU)
TOTAL $26:
% Match =
TOTAL PROJECTED COST: $443,003
CC SU: Cape Canaveral Stormwater Utility
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DEP Agreement No. G0136, Attachment A, Page 6 of 8
$179,601
% Match = 40%
APPENDIX 1 - Preliminary Surface Water Monitoring at Cape Canaveral
Introduction:
The City has proposed a balanced and comprehensive approach to stormwater management in order to
minimize pollutant discharges into the Cape Canaveral project area. The final Water Quality Monitoring
Plan will be developed in coordination with the Florida Department of Environmental Protection (FDEP).
The final Plan will be submitted within three months of the grant award and will be designed to improve
water quality and comply with maintenance and monitoring requirements.
Baseline Data:
Baseline data on current water quality will be derived from grab samples, modeling and monitoring efforts
of the SJRWMD and FDEP within the Cape Canaveral project area.
The City will use the best available data for establishing baseline water quality standards for the various
Best Management Practices (BMPs). Data collected during preconstruction monitoring activities will be
used, as well as that available from technical literature and reports.
The effectiveness of this project in reducing Stormwater loadings will be quantified via water quality
monitoring. This monitoring shall include background monitoring of surface waters during non -rain fall
conditions. This background monitoring will enable the general physicochemical of the receiving water to
be characterized under baseline conditions. After significant rainfall events, the City will take Influent
(upstream) and Effluent (downstream) water samples either by automated instrumentation or by manual
sampling. The samples will be analyzed for appropriate constituents based upon baseline data and permit
requirements. It is anticipated that no less than three (3) storm events shall be monitored. Flow shall be
monitored to enable pollutant loadings to be calculated. A full list of analysts is presented below.
All laboratory analyses will be performed in accordance with USEPA and FDEP approved protocols. The
selected firm will maintain a FDEP approved Comprehensive Quality Assurance Plan and Florida
Department of Health certification.
Lead Agency: City of Cape Canaveral and/or Selected firm through the bidding process
Frequency of Testing Locations for Base Flow: Surface water, twice
Frequency of Testing for Storm Events: Surface Water and Discharge, via hand -sampling or automated
equipment, three
Number of Testing Locations: Discharge, three; Storm -event samplers, two per location
Testing Parameters: Surface water
Influent Testing:
Total Kjeldahl Nitrogen (TKN)
Nitrate and Nitrate -N
Ammonia -N
Total Phosphorus
Biological Oxygen Demand (BOD)
Total Suspended Solids (TSS)
Effluent Testing:
Total Kjeldahl Nitrogen (TKN)
Nitrate and Nitrate -N
Ammonia -N
Total Phosphorus
Biological Oxygen Demand (BOD)
Total Suspended Solids (TSS)
Daily Total Rain Fall
Discharge Velocity Flow
DEP Agreement No. G0136, Attachment A, Page 7 of 8
Reporting:
A component of this project involves developing a detailed and systematic record-keeping system to
monitor maintenance activities on each BMP element. Logs will be kept detailing equipment and
procedures used in maintaining/cleaning and operating the respective BMPs/controls. A systematic
evaluation will be incorporated into the Water Quality Monitoring Plan to gauge the overall effect of the
full set of BMP improvements on both the quality of water discharged through the outfall, and the water
quality of the Cape Canaveral project area. Water samples from the outfall will be periodically collected,
tested and analyzed to develop trend curves. It is estimated that semiannual review reports will be
produced.
Coordination:
Copies of semiannual reports will be provided to SJRWMD, FDEP, and Cape Canaveral Public Works
Department.
Duration:
12 months
Conclusion:
This Draft Performance and Water Quality Monitoring Plan is conceptual in nature and will be
considerably refined based on input received from the SJRWMD, FDEP and other concerned agencies or
parties.
Budget
The total budget for monitoring, including labor, equipment lease and analytical services, is $30,000.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. G0136, Attachment A, Page 8 of 8
ATTACHMENT B
PAYMENT REQUEST SUMMARY FORM
GRANTEE: City of Cape Canaveral
DEP AGREEMENT NO.: G0136
DATE OF REQUEST:
AMOUNT
REQUESTED:$
GRANTEE'S GRANT MANAGER:
PAYMENT REQUEST NO.:
PERFORMANCE
PERIOD:
PERCENT MATCHING
REQUIRED:
GRANT EXPENDITURES SUMMARY SECTION
I Ettective bate of C:rant thrnnoh F.nri_nf_C:rant Perind
CATEGORY OF EXPENDITURE
AMOUNT OF
THIS REQUEST
TOTAL
CUMULATIVE
PAYMENTS
MATCHING
FUNDS
TOTAL
CUMULATIVE
MATCHING
FUNDS
Salaries
N/A
N/A
N/A
N/A
Fringe Benefits
N/A
N/A
N/A
N/A
Travel (if authorized)
N/A
N/A
N/A
N/A
Subcontracting:
Planning
$
$
$
$
Design
$
$
$
$
Construction
$
$
$
$
Construction Related Costs
$
$
$
$
Equipment Purchases
N/A
N/A
N/A
N/A
Supplies/Other Expenses
$
$
$
$
Land
N/A
N/A
N/A
N/A
Indirect
N/A
N/A
N/A
N/A
TOTALS
AGREEMENT AMOUNT
Less Total Cumulative Payments of:
TOTAL REMAINING IN GRANT
$
$
$
$
$ $
$
$
$
$
GRANTEE CERTIFICATION
The undersigned certifies that the amount being requested for reimbursement above
was for items that were charged to and utilized only for the above cited grant activities.
Grantee's Grant Manager's Signature Grantee's Fiscal Agent
Print Name Print Name
Telephone Number Telephone Number
DEP Agreement No. G0136, Attachment B, Page 1 of 2
INSTRUCTIONS FOR COMPLETING
ATTACHMENT B
PAYMENT REQUEST SUMMARY FORM
GRANTEE: Enter the name of the grantee's agency.
DEP AGREEMENT NO.: This is the number on your grant agreement.
DATE OF REQUEST: This is the date you are submitting the request.
AMOUNT REQUESTED: This should match the amount on the "TOTAL AMOUNT " line for the "AMOUNT OF THIS
REQUEST' column.
GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant agreement.
PAYMENT REQUEST NO.: This is the number of your payment request, not the quarter number.
PERFORMANCE PERIOD: This is the beginning and ending date of the invoice period.
PERCENT MATCHING REQUIRED: Enter your match requirement here.
GRANT EXPENDITURES SUMMARY SECTION.
"AMOUNT OF THIS REQUEST" COLUMN: Enter the amount that was paid out during the invoice period. This must
be by budget category as in the currently approved budget in the current Grant Work Plan of your grant Agreement. Do not
claim expenses in a budget category that does not have an approved budget. Do not claim items that are not specifically
identified in the current Budget Narrative section of the current Grant Work Plan. Enter the column total on the "TOTALS"
line. Enter the budget amount on the "AGREEMENT AMOUNT" line. Enter the total cumulative amount of this request
and all previous payments on the "LESS TOTAL CUMULATIVE PAYMENTS OF' line. Deduct the "LESS TOTAL
CUMULATIVE PAYMENTS OF"' from the "AGREEMENT AMOUNT' for the amount to enter on the "TOTAL
REMAINING IN GRANT" line.
"TOTAL CUMULATIVE PAYMENTS" COLUMN: Enter the cumulative amounts that have been paid to date for
expenses by budget category. The final report should show the total of all payments, first through the final payment, etc.
Enter the column total on the "TOTALS" line. Do not enter anything in the shaded areas.
"MATCHING FUNDS" COLUMN: Enter the amount to be claimed as match for the invoice period. This needs to be
shown under specific budget categories according to the currently approved Grant Work Plan. Enter the total on the
"TOTALS" line for this column. Enter the match budget amount on the "AGREEMENT AMOUNT" line for this column.
Enter the total cumulative amount of this and any previous match claimed on the "LESS TOTAL CUMULATIVE
PAYMENTS OF' line for this column. Deduct the "LESS TOTAL CUMULATIVE PAYMENTS OF' from the
"AGREEMENT AMOUNT" for the amount to enter on the "TOTAL REMAINING IN GRANT' line.
"TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amount you have claimed to date
for match by budget category. Put the total of all on the line titled "TOTALS." The final report should show the total of all
claims, first claim through the final claim, etc. Do not enter anything in the shaded areas.
GRANTEE CERTIFICATION: Must be signed by both the Grantee's Grant Manager as identified in the grant
agreement and the Grantee's Fiscal Agent.
NOTE: If claiming reimbursement for travel, you must include copies of receipts and a copy of the travel
reimbursement form approved by the Department of Financial Services, Chief Financial Officer.
DEP Agreement No. G0136, Attachment B, Page 2 of 2
ATTACHMENT C
Contract Payment Requirements
Florida Department of Financial Services, Reference Guide for State Expenditures (March 2003)
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category
(salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement
is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual
checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in
the approved contract budget should be reimbursed.
Listed below are examples of types of documentation representing the minimum requirements:
(1) Salaries: A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the
employee (e.g., insurance premiums paid). If the contract specifically states that fringe
benefits will be based on a specified percentage rather than the actual cost of fringe
benefits, then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies of
checks for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes,
which includes submission of the claim on the approved State travel voucher or electronic
means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is
purchased using State funds, the contract should include a provision for the transfer of the
property to the State when services are terminated. Documentation must be provided to
show compliance with Department of Management Services Rule 60A-1.017, Florida
Administrative Code, regarding the requirements for contracts which include services and
that provide for the contractor to purchase tangible personal property as defined in Section
273.02, Florida Statutes, for subsequent transfer to the State.
(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed
on a usage log which shows the units times the rate being charged. The rates must be
reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the
calculation should be shown.
Pursuant to 216.346, Florida Statutes, a contract between state agencies including any contract
involving the State University system or the State Community College system, the agency
receiving the contract or grant moneys shall charge no more than 5 percent of the total cost of the
contract or grant for overhead or indirect cost or any other cost not required for the payment of
direct costs.
The Florida Department of Financial Services, Reference Guide to State Expenditures (March, 2003) can be found at
the following web address: www.dbf.state.fl.us/aadir/reference gum.
DEP Agreement No. G0136, Attachment C, Page 1 of 1
ATTACHMENT D
PROGRESS REPORT FORM
DEP Agreement No.: G0136
Grantee Name: City of Cape Canaveral
Grantee Address:
Grantee's Grant Manager- Telephone No.:
Quarterly Reporting Period:
Project Number and Title:
Provide a summary of project accomplishments to date. (Include a comparison of actual
accomplishments to the objectives established for the period. If goals were not met, provide reasons
why.)
Provide an update on the estimated time for completion of the project and an explanation for any
anticipated delays.
Provide any additional pertinent information including, when appropriate, analysis and explanation of
cost overruns or high unit costs.
DEP Agreement No. G0136, Attachment D, Page 1 of 2
(continued from page 1)
Identify below, and attach copies of, any relevant work products being submitted for the project for this
reporting period (e.g., report data sets, links to on-line photographs, etc.)
Summarize and provide supporting documentation regarding your efforts in meeting the MBE/WBE
requirements contained in paragraph 5.11. of the Agreement
Provide a project budget update, comparing the project budget to actual costs to date.
Budget Category Total Project Expenditures this Reporting Project Funding
Budget Period Balance
Please refer to the Payment Request Summary Form for the total cumulative payment amount prior to this report.
This report is submitted in accordance with the reporting requirements of DEP Agreement No. GO136 and
accurately reflects the activities and costs associated with the subject project.
Signature of Grantee's Grant Manager
DEP Agreement No. G0136, Attachment D, Page 2 of 2
Date
ATTACHMENT E
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient
(which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by
Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes
deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental
Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with
any additional instructions provided by the Department to the recipient regarding such audit. The recipient further
agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the
Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised.
In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular
A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the
recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as
revised, will meet the requirements of this part.
In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as
revised.
If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the
recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must
be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at htti)://12.46.245.173/cfda/efda.htmi.
DEP 55-215 (09/04)
DEP Agreement No. G0136, Attachment E, Page 1 of 5
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes.
In the event that the recipient expends a total amount of State financial assistance equal to or in excess of
$300,000 in any fiscal year of such recipient ($500,000 for fiscal years ending on or after September 30,
2004), the recipient must have a State single or project -specific audit for such fiscal year in accordance with
Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Chief
Financial Officer; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial
assistance awarded through the Department of Environmental Protection by this Agreement. In determining
the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State
financial assistance, including State financial assistance received from the Department of Environmental
Protection, other state agencies, and other nonstate entities. State financial assistance does not include
Federal direct or pass-through awards and resources received by a nonstate entity for Federal program
matching requirements.
In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of
a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
If the recipient expends less than $300,000 in State financial assistance in its fiscal year ($500,000 for fiscal
years ending on or after September 30, 2004), an audit conducted in accordance with the provisions of
Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000
in State financial assistance in its fiscal year ($500,000 for fiscal years ending on or after September 30,
2004), and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida
Statutes, the cost of the audit must be paid from the non -State entity's resources (i.e., the cost of such an
audit must be paid from the recipient's resources obtained from other than State entities).
For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at http:Hstate.fl.us/fsaa/catalog_ or the Governor's
Office of Policy and Budget website located at
http://www.myflorida.comLm orida/government/contacts/opbOffice.html for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website
http://www.leg.state.fl.us/, Governor's Website hllp://www.mvflorida.com/, Department of Financial
Services' Website http://www.dbf.state.fl.us/ and the Auditor General's Website
http://www.state.fl.us/aud.gen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)(m), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must
arrange for funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB
Circular A-133, as revised, by or on behalf of the recipient directly to each of the following:
DEP 55-215 (09/04)
DEP Agreement No. G0136, Attachment E, Page 2 of 5
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised.
Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55-215 (09/04)
DEP Agreement No. G0136, Attachment E, Page 3 of 5
4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for
audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that
the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55-215 (09/04)
DEP Agreement No. G0136, Attachment E, Page 4 of 5
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ATTACHMENT F
Approved by OMB
0348-0046
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
(See reverse for public burden disclosure.)
1. Type of Federal Action:
2. Status of Federal Action:
3. Report Type:
❑
F-1
a. contract
a. bid/offer/application
a. initial filing
b. grant
b. initial award
b. material change
c. cooperative agreement
c. post -award
d. loan
For Material Change Only:
e. loan guarantee
f. loan insurance
year quarter
date of last report
4. Name and Address of Reporting Entity:
5. If Reporting Entity in No. 4 is Subawardee, Enter Name
❑ Prime ❑ Subawardee
and Address of Prime:
Tier , if known:
Congressional District, if known:
Congressional District, if known:
6. Federal Department/Agency:
7. Federal Program Name/Description:
CFDA Number, if applicable:
8. Federal Action Number, if known:
9. Award Amount, if known:
10. a. Name and Address of Lobbying Entity
b. Individuals Performing Services (including address if
(if individual, last name, first name, MI):
different from No. 10a)
(last name, first name, MI):
(attach Continuation Sheets)
SF-LLLA, if necessary)
Signature:
11. Information requested through this form is authorized by title 31 U.S.C.
section 1352. This disclosure of lobbying activities is a material
print Name
representation of fact upon which reliance was placed by the tier above
when this transaction was made or entered into. This disclosure is required
pursuant to 31 U.S.C. 1352. This information will be reported to Congress
Title:
semi-annually and will be available for public inspection. Any person who
fails to file the required disclosure shall be subject to a civil penalty of not
Telephone No.: Date:
less than $10,000 and not more than $100,000 for each such failure.
Federal Use Only:
Authorized for Local Reproduction
Standard Form — LLL (Rev 7 — 97)
Form DEP 55-221 (01/01)
DEP 55-215 (01/02)
DEP Agreement No. GO136, Attachment F, Page 1 of 2
Page 1 of 2
INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at
the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31
U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any
lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered
Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the
implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to
influence the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material
change to the information previously reported, enter the year and quarter in which the change occurred.
Enter the date of the last previously submitted report by the reporting entity for this covered Federal
action.
4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional
District, if known. Check the appropriate classification of the reporting entity that designates if it is or
expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first
subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts,
subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks "Subawardee", then enter the full name, address,
city, state and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one
organizational level below agency name, if known. For example, Department of Transportation, United
States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter
the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements,
loans, and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in
item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement
number; the contract, grant, or loan award number; the application/proposal control number assigned
by the Federal agency). Include prefixes, e.g., "RFP -DE -90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,
enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting
entity identified in item 4 to influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services, and include full address if different
from 10 (a). Enter Last Name, First Name, and Middle Initial (MI).
11. The certifying official shall sign and date the form, print his/her name, title and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it
displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public
reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions
for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503.
Norm DEP 55-221 (01/01)
DEP 55-215 (01/02)
DEP Agreement No. GO 136, Attachment F, Page 2 of 2
Page 2 of 2
ATTACHMENT G
r—App-40ida NC,. 2D3D-WXAw-1Eap-125W2
LOBBYING AND LITIGATION CERTIFICATE*
t`/
I hereby certify that none of these f rods have been used to engage in the lobbying of
the Federal Government or in litigation against the United States unless authorized
under existing law.
Assistance Agreement Numbers)**
Chief Executive Officer
Date
*Complete this form pursuant to the 2001 Department of Veterans Affairs and Housing and Urban
Development, and Independent Appropriations Acts, Public Law 106.277, Section 424 and 2000 Department
of Veterans Affairs and Housing and
Urban Development, and Independent Appropriations Acts, Public Law 106-74, Section 426 and any other
subsequent Appropriation Act requirements.
**If certifying for more than one grant number and more space is needed, please list additional numbers in
the space provided below:
Please mail this formto your Chant Specialist. DO NOT send this information to the Office of Management do Budget.
Burden Statement - The annual public reporting and record keeping burden fw this collection of information is estimated to average
5 minutes per respondent Burden means the total time, effort, or 6nantial resources expended by ersons to generate, maintain,
retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; devdop,
acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing
and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously
applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources;
complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct
or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control
number. The OMB control numbers for EPA's regulations arc listed in 40 CFR Part 9 and 48 CFR Chapter 15.
Send comments on the Agency's need for this information, the accuracy ofthe provided burden estimates, and any suggested
methods for minirni7ing respondent burden, including through the use of automated collection techniques to the Director,
Regulatory Information Division, U.S. Environmental Protection Agency (2137), 401 M. St, S.W. Washington, DL C. 20460; and to
the Office of Inforiraation and Regulatory Affairs, Office of Management and Budget, 72517th Street, NW, Washington, DC
205003, Attention: Desk Officer for EPA. Include the EPA ICR number and OMB eottrol number in any correspondence.
EPA Form 5700-53 (Rev. 2-02)
DEP Agreement No. GO 136, Attachment G, Page 1 of 1
ATTACHMENT H
Quality Assurance Requirements
1. All sampling and analyses performed under this Contract must conform to the requirements set forth in Chapter
62-160, Florida Administrative Code (F.A.C.) and "Requirements for Field and Analytical Work performed for
the Department of Environmental Protection under Contract" (DEP-QA-002/02), February 2002.
2. LABORATORIES
a. The CONTRACTOR shall ensure that all laboratory testing activities are performed by laboratories
certified by the Florida Department of Health Environmental Laboratory Certification Program (DoH
ELCP) for all applicable matrix/method/analyte combinations to be measured.
b. If the laboratory is not certified for some or all of the proposed test measurements, the laboratory shall
apply for certification within one month of Contract execution. Within six months of Contract execution,
the laboratory shall be fully certified for all applicable matrix/method/analyte combinations to be
performed. Regardless of when the laboratory receives certification, the laboratory must implement all
applicable standards of the National Environmental Laboratory Accreditation Conference (NELAC) upon
Contract execution.
C. Laboratories shall maintain certification as specified in item 2.a above during the life of the Contract.
Should certification for an analyte or test method be lost, all affected tests shall be immediately sub-
contracted to a laboratory with current DoH ELCP certification in the appropriate matrix/method/analyte
combination(s). The CONTRACTOR shall notify the DEP contract manager in writing before such
changes are made.
d. A copy of the DoH ELCP Certificate and the associated list of specific fields of accreditation for each
contracted or sub -contracted laboratory shall be provided to the DEP contract manager upon Contract
execution or upon receiving DoH certification (see items 2.a and 2.b above).
e. The CONTRACTOR shall ensure that an acceptable initial demonstration of capability (IDOC), as
described in Appendix C of Chapter 5 of NELAC Standards is performed. Each laboratory that performs
any of the proposed matrix/method/analyte combination(s) must have the requisite IDOC documentation
and supporting laboratory records. IDOCs shall be performed before the test procedure is used to generate
data for this Contract. If requested by the Department, documentation that supports the IDOC shall be
made available for review.
f. When performance test samples are not required by DoH ELCP for certification, or certification is not
required (see item 2.g below), the laboratory shall obtain, analyze and evaluate performance test samples,
standard reference materials (SRM) or other externally assayed quality control (QC) samples, hereinafter
known collectively as quality control check (QCC) samples.
(I) The laboratory shall ensure that the selected QCC samples(s) represent all matrix/method/analyte
combinations that are not subject to certification requirements.
(II) These samples shall be analyzed at six-month intervals and the results shall be within the acceptable
range established by the QCC sample provider.
(III) Before providing analytical services for this Contract, the laboratory must provide to the DEP contract
manager the results of the QCC sample(s) and the associated acceptable range(s) as established by the
QCC sample provider. The submitted results must be from QCC samples that have been completed
within six months prior to the submission date.
g. For those test measurements for which the Department has determined that certification by the DoH ELCP
is not necessary, all laboratory activities associated with the test measurements shall conform to the NELAC
Quality Systems (Chapter 5) Standards.
h. Any non-standard laboratory procedure or methods (i.e., those not approved by DEP for standard
environmental analyses) that are proposed for use shall be submitted for review and approval in accordance
with DEP-QA-001/01, "New and Alternative Analytical Laboratory Methods," February 1, 2004. These
procedures or methods shall be approved by the DEP contract manager before use under this Contract and
must be cited or described in the required planning document (see Section 6).
I. The CONTRACTOR shall ensure that Practical Quantitation Limits (PQLs) and Method Detection Limits
(MDLs) are established for the Contract, and are listed in the planning document (see Section 6).
12/02/2004
DEP Agreement No. GO136, Attachment H, Page 1 of 9
J. The CONTRACTOR shall ensure that the selected laboratory test methods can provide results that meet the
Contract data quality objectives.
k. The CONTRACTOR shall ensure that all laboratory testing procedures follow the analytical methods as
approved in the planning document (see Section 6).
I. The CONTRACTOR shall ensure that the essential laboratory quality control measures are consistent with
Chapter 5 of the NELAC standards. In addition, the CONTRACTOR shall ensure that the quality control
requirements specified in the attached addenda are followed.
3. FIELD ACTIVITIES
a. "Sample" refers to samples that have been either collected or analyzed under the terms of this Contract.
b. The CONTRACTOR shall ensure that all sample collection and field testing activities are performed in
accordance with the Department's "Standard Operating Procedures for Field Activities" (DEP-SOP-001/01,
February 1, 2004). The specific standard operating procedures (SOPS) shall be cited in the planning
document (see Section 6).
C. Any non-standard field procedure shall be submitted for review and approval to the DEP contract manager
in accordance with section FA 2000 of DEP-SOP-001/01. All non-standard procedures and methods must
be approved by the DEP contract manager before use under this Contract and must be cited or described in
the planning document.
d. Per the quality control measures outlined in the DEP SOPS (FQ 1000 and the calibration requirements of
the FT -series for field testing), the CONTRACTOR shall ensure that the following field quality controls
(and any additional quality control measures specified in the addenda) are incorporated into the project
design:
(I) Matrix -Related Quality Controls - The CONTRACTOR shall ensure that the laboratory is provided
with sufficient sample volume to analyze at least one set of matrix spikes, and either matrix spike
duplicates or laboratory duplicates as follows:
(1) The first time a sample from a sample collection matrix (see Table FA 1000-1) is collected;
(2) One in each additional 20 samples of the sample collection matrix, after the first 20 samples; and
(3) The last time samples are collected for the sample collection matrix.
(II) Field duplicates (not to be confused as laboratory duplicates) shall be collected and analyzed at a
frequency of 5% of the total number of samples collected for each matrix/analyte combination (see FQ
1220).
(1) All field duplicate results greater than the PQL should agree within 20% RPD for each measured
analyte. In the event that the field duplicate agreement is not observed, the CONTRACTOR shall
investigate and attempt to determine the cause of poor precision. The outcome of these
investigations shall be reported including corrective measures to minimize future problems.
(III) Field -Generated Blanks — Blanks associated with field activities as defined in FQ 1210 of the DEP
SOPs, shall be collected according to the requirements of FQ 1230.
(1) If the reported analyte is reported in any field blank, equipment blank or trip blank, the
CONTRACTOR shall investigate and attempt to determine the cause unless the affected samples
are at least 10 times the reported blank value. The outcome of these investigations shall be
reported including corrective measures to minimize future occurrences.
4. REPORTING, DOCUMENTATION AND RECORDS RETENTION
a. The CONTRACTOR shall ensure that all laboratory and field records as outlined in Rules 62-160.240 and
.340, F.A.C. are retained for a minimum of five years after the project completion.
b. All field and laboratory records that are associated with work performed under this Contract shall be
organized so that any information can be quickly and easily retrieved for inspection, copying or distribution.
C. The CONTRACTOR shall ensure that all laboratory reports are issued in accordance with NELAC
requirements. These reports shall be submitted to the DEP contract manager and shall include the following
information:
► Laboratory sample identification (ID) and associated Field ID
► Analytical/test method
/ Parameter name
► Analytical result (including dilution factor)
► Result unit
12/02/2004
DEP Agreement No. GO 136, Attachment H, Page 2 of 9
► Applicable DEP Qualifiers per Table 1 of Chapter 62-160, F.A.C.
► Result comment(s) to include corrective/preventive actions taken for any failed QC, unacceptable
measurement or other problem related to the analysis of the samples
► Date and time of sample preparation (if applicable)
► Date and time of sample analysis
► Laboratory verification results of field preservation
► Sample matrix
► DoH ELCP certification number for each laboratory (must be associated with the test result(s)
generated by the laboratory)
► MDL
► PQL
► Sample type (such as blank, duplicate, etc.)
► Field and laboratory blank results:
• Laboratory blank results (results for any laboratory blank analysis as
required by the method and the planning document) (see Section 6);
• Field quality control results including trip blanks, field blanks, equipment
blanks, and field replicates as specified in the planning document (see
Section 6)
► Results of sample matrix spikes, laboratory duplicates or matrix spike duplicates, as applicable
► Results of surrogate spike analysis (if performed)
► Results of laboratory control samples (LCS)
► Link between each quality control sample and the related sample results
► Acceptance criteria for each reported quality control measure
d. The CONTRACTOR shall ensure that the following field -related information is reported to the
DEP contract manager:
► Site and/or facility name, address and phone number
► Field ID for each sample container and the associated analytes (test methods) for which the
container was collected
► Date and time of sample collection
► Sample collection depth
► Sample collection method identified by the DEP SOP number
► If performed, indicate samples that were filtered
► Field test measurement results:
• DEP SOP followed
• Parameter name
• Result
• Result unit
• Applicable Data Qualifiers per Table 1 of Chapter 62-160, F.A.C.
/ Narrative comments discussing corrective/preventive actions taken for any failed QC or
unacceptable field measurement or other problems related to the sampling event.
5. AUDITS
a. AUDITS BY THE DEPARTMENT — Pursuant to Rule 62-160.650, F.A.C., the Department may conduct audits of
field and/or laboratory activities. In addition to allowing Department representatives to conduct onsite
audits, the CONTRACTOR, upon request, must provide the Department with the requested information,
including all field and laboratory records pertinent to the contracted field and laboratory activities. If an
audit by the Department results in a determination that the data are not usable for the contracted proposed
purpose, the DEP contract manager shall pursue remedies available to the Department including those
outlined in Addendum 1.
b. PLANNING REVIEW AUDITS —
(I) Initial: Prior to the completion of the sampling and analysis events, and as specified in the addendum,
the CONTRACTOR and all associated subcontractors shall review the planning document (see Section
6 below) relative to the completed field and laboratory activities to determine if the data quality
objectives are being met, identify any improvements to be made to the process, and refine the sampling
12/02/2004
DEP Agreement No. G0136, Attachment H, Page 3 of 9
and/or analytical design or schedule. Within one month of the review, a summary of the review,
including any corrective action plans or amendments to the planning document, shall be sent to the
DEP contract manager, and a copy shall be maintained with the permanent project records.
(II) Ongoing: Planning reviews as described in item (1) above shall occur annually.
C. QUALITY SYSTEMS AUDITS — The CONTRACTOR and all subcontractors shall ensure that any required
laboratory and field quality system and management systems audits are performed according to the
respective Quality Manuals for each contracted and sub -contracted entity. These audits shall be
documented in the CONTRACTOR's and subcontractors' records.
d. STATEMENTS OF USABILITY — As a part of the audit process and the final report, the CONTRACTOR shall
provide statements about data usability relative to the Project Data Quality Objectives and Data Quality
Indicators specified in the planning document.
6. PLANNING DOCUMENT
a. The CONTRACTOR shall submit the planning document specified in the addendum to this attachment to
the DEP contract manager no later than 120 days prior to the commencement of field and laboratory
activities. Failure to submit the planning document by the above-mentioned time shall result in a delay of
approval to begin work until the document has been submitted to the Department and approved by the DEP
contract manager.
b. The CONTRACTOR and subcontractors may submit a version of the planning document to the Department
for approval no more than three times. If the CONTRACTOR fails to obtain approval for the planning
document after the third (final) submission to the Department, the DEP contract manager may suspend or
terminate the Contract.
C. The DEP Contract number shall appear on the title page of the submitted planning document. Within forty-
five (45) days of receipt of properly identified documents by the Department, the Department shall review
and either approve the planning document or provide comments to the CONTRACTOR and affected
subcontractors as to why the planning document is not approved. If further revisions are needed, the
CONTRACTOR shall then have fifteen (15) days from the receipt of review comments to respond. The
Department shall respond to all revisions to the planning document within thirty (30) days of receipt.
d. If the review of the planning document by the Department is delayed, through no fault of the
CONTRACTOR, beyond sixty (60) days after the planning document is received by the Department, the
CONTRACTOR shall have the option, after the planning document is approved, of requesting and
receiving an extension in the term of the Contract for a time period not to exceed the period of delayed
review and approval. This option must be exercised at least sixty (60) days prior to the current termination
date of the Contract.
2. Work may not begin for specific Contract tasks until approval has been received by the CONTRACTOR
from the DEP contract manager. Sampling and analysis for the Contract may not begin until the planning
document has been approved.
f. Once approved, the CONTRACTOR shall follow the protocols specified in the approved planning
document including, but not limited to:
► Ensuring that all stated quality control measures are collected, analyzed and evaluated for
acceptability;
► Using only the protocols approved in the planning document; and
► Using only the equipment approved in the planning document.
g. If any significant changes in procedures or test methods, changes in subcontractor organizations, or changes
in key personnel occur, the CONTRACTOR shall submit appropriate revisions to the planning document to
the DEP contract manager for review. The proposed revisions may not be implemented until they have
been approved by the DEP contract manager. If the CONTRACTOR fails to submit the required revisions,
the DEP contract manager may suspend or terminate the Contract.
7. DELIVERABLES
a. The following lists the expected schedule for the deliverables that are associated with the Quality Assurance
requirements of this Contract:
(I) Copy of DoH ELCP Certificate(s) and the associated list of specific fields of accreditation, per item 2.d
above.
(II) Copies of the QCC sample results per item 21. above.
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DEP Agreement No. GO136, Attachment H, Page 4 of 9
(III) Non-standard laboratory or field procedures — The CONTRACTOR shall submit to the DEP contract
manager all required information necessary for review of non-standard procedures per items 2.h. and
3.b. above.
(iV) Reports of planning review audits as specified in item 5.b. above.
(V) Statements of Usability as specified in item 5.d. above.
(Vi) Planning document per Section 6, above.
b. Failure to provide any of the above items may result in the pursuit of remedies available to the Department.
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DEP Agreement No. GO136, Attachment H, Page 5 of 9
Addendum 1
Modifications to Attachment H, Quality Assurance Requirements
Failure to comply with any requirement of this attachment may result in:
a. Immediate termination of the Contract.
b. Withheld payment for the affected activities.
C. Contract suspension until the requirement(s) has been met.
d. A request to refund already disbursed payments.
e. A request to redo work affected by the non compliance.
f. Other remedies available to the Department.
2. LABORATORIES
e. The following quality control addenda must be followed:
(I) Addendum 2, Quality Control Requirements for Laboratories Performing Chemical Analysis with the
following modifications:
(1) 1. b. After the first 20 samples from the sample collection matrix.
(2) 8. deleted
(3) 9. deleted
(ii) Addendum 3, Quality Control Requirements for Laboratories Performing Microbiological Testing.
3. FIELD ACTIVITIES
a. The following Section 3 requirements are amended as follows:
(i) 3.d.i. (2) After the first 20 matrix samples.
(ii) Field duplicates (item 3.d.ii) shall not be collected
4. REPORTING, DOCUMENTATION AND RECORDS RETENTION
a. The CONTRACTOR shall submit the data electronically using the following format:
(i) Excel 97 file or Access 2000 file. Adobe PDF file with final report.
b. In addition to the information in item 4.d, the CONTRACTOR shall ensure that the following field
information is reported:
(i) N/A
5. AUDITS
a. The initial planning review audit will be performed in accordance with Section 5.b.1 within 30
days of completion of the first sampling event.
6. PLANNING DOCUMENT
a. Per Section 6 requirements, the type of planning document to be submitted is a:
(I) Quality Assurance Project Plan (QAPP). This document shall be submitted to the DEP Project
Manager for review and approval. The plan shall be consistent with the EPA Document EPA-QA/R-5,
EPA Requirements for Quality Assurance Project Plans, dated March 2001.
b. When the approved planning document requires modification, at the discretion of the DEP Project Manager
the amendments shall be:
(I) Provided in a new planning document, or
(II) Provided as amended sections of the current document, or
(III) Documented through written or electronic correspondence that becomes part of the planning document.
7. DELIVERABLES
a. The following deliverables are not required under the terms of this Contract:
(i) 7.a.iii deleted.
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12/02/2004
DEP Agreement No. GO 136, Attachment H, Page 6 of 9
Addendum 2
Quality Control Requirements for Laboratories Performing Chemical Analysis
In addition to the quality control requirements outlined in Chapter 5 of the NELAC Standards, the following quality
control measures shall be implemented for this Contract. Note: "Sample" refers to samples that have been either
collected or analyzed under the terms of this Contract.
1. Matrix -Related Quality Control Samples - The CONTRACTOR shall ensure that samples associated with this
Contract are used for matrix spikes, and either laboratory duplicates or matrix spike duplicates. The laboratory
shall analyze these samples:
a. The first time a sample from a sample collection matrix (see Table FA 1000-1) is collected.
b. After the fust 20 samples from the sample collection matrix, at least one matrix spike and either laboratory
duplicates or matrix spike duplicates in each additional 20 samples of the sample collection matrix.
C. The last collection event for the sample collection matrix.
d. Spike levels must be at concentrations specified in item 3 below.
e. The results of matrix spikes must meet the specific acceptance criteria established for the Contract or the
data must be appropriately qualified.
f. Sample duplicates or matrix spike duplicates must be evaluated for precision criteria established for the
Contract. If the selected sample concentration is expected to be below the laboratory's PQL, then matrix
spike duplicates must be used.
2. Per NELAC Chapter 5 requirements, as least one Laboratory Control Sample (LCS also known as Laboratory
Fortified Blank) shall be prepared, analyzed and evaluated with each batch of 20 samples or less.
a. If the LCS is unacceptable, the samples associated with the LCS shall be reprocessed with a new LCS. If
samples cannot be reprocessed, the data must be appropriately qualified.
3. Spiking/Fortification Requirements - All spike fortifications must take place prior to any required sample
preparation steps (e.g., sample extraction, sample digestion, etc.). The final concentration of any spike
fortification shall be at the applicable level identified below.
a. If any of the samples in the preparation batch are non -detect, the spiking level must not be greater than 2
times the Contract -established practical quantitation limit (PQL).
b. The concentration in a spiked sample cannot exceed 5 times the highest concentration of any contracted
sample in the preparation batch.
4. Instrument Calibration — The following discussions supplement the method specified calibration procedures,
which must be followed:
a. Initial Calibration Requirements
(I) Unless otherwise specified by the method, all sample results shall be based on the initial calibration
curve responses.
(H) If a linear regression is used, the correlation coefficient shall be equal to or greater than 0.995.
(III) Immediately after performing an initial calibration, the accuracy of the calibration shall be verified
using a second source. A second source may be a standard, a Standard Reference Material (SRM), or
other sample type with a verified concentration such as a QC Check Sample. The standard must have
been prepared from a different lot or vendor, and the verified SRM or QC Check sample must have
been verified by an organization that is external to the laboratory.
(Iv) Sample analysis cannot proceed if an initial calibration is unacceptable.
b. Continuing Calibration Requirements:
(I) When an initial calibration is not performed on the day of analysis, a continuing calibration standard
shall be analyzed, evaluated and determined to be acceptable prior to analyzing samples.
(II) A continuing calibration standard shall be analyzed and evaluated at the end of the analytical run.
(III) For each analytical run, the analytical sensitivity must be evaluated using a continuing calibration
standard prepared at the PQL. The analyzed value of this standard must be within 70 — 130% of the
expected value. If this PQL check fails, the blank and associated sample results must be reported as
"estimated" per Chapter 62-160, F.A.C. unless the affected results are at least 10 times the absolute
value of the observed bias.
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DEP Agreement No. GO136, Attachment H, Page 7 of 9
(IV) The samples shall be chronologically bracketed between acceptable continuing calibration evaluations.
(V) If a continuing calibration verification fails, samples run after the failure must be reanalyzed or
appropriately qualified.
C. Sample results below the practical quantitation limit (PQL) and above the highest calibration standard shall
be appropriately qualified.
5. Blanks
a. If the analyte is detected in any analytical blank, the sample results that are associated with the blank must
be reported with the appropriate qualifier from Chapter 62-160, F.A.C., unless the affected results are at
least 10 times the calculated blank value.
b. Sample results must be bracketed with an acceptable beginning and ending analytical blanks.
C. If the analyte is detected in the field blank, equipment blank or trip blank, the result must be confirmed by
reanalyzing a new aliquot of the blank unless the sample results associated with the blank are at least 10
times the calculated blank value. The laboratory must investigate sufficiently to determine that positive
blank results are not due to a laboratory error, and report results with appropriate qualifiers and/or
comments.
6. If any quality control measure or calibration verification (including those specified above) fails, samples that are
associated with the failure must be reanalyzed, if possible. Sample data that are associated with a failed quality
control measure must be appropriately qualified as specified in Chapter 62-160, F.A.C. An explanatory
comment must be attached to the final report for each result that has a qualifier code other than U, I, or A. Any
additional qualifier codes used but not explicitly provided for in Chapter 62-160, F.A.C. must be identified and
defined in the report.
7. The reported MDL and PQL for each sample must be adjusted for dilution factors, and any relevant preparation
weights and volumes.
8. Field duplicates - The CONTRACTOR shall ensure that field duplicates (not to be confused as
laboratory duplicates) are analyzed. All field duplicate results greater than the PQL should agree
within 20% RPD for each measured analyte. In the event that field duplicate agreement is not
observed, the laboratory must investigate sufficiently to determine that poor precision is not due to a
laboratory error, and report the results with appropriate qualifiers and/or comments.
9. For all organic analyses using either gas chromatography or HPLC, analytes with concentrations above the
method detection limit shall be confirmed by at least one of the qualitative identification measures listed below.
Confirmation must occur the first time an analyte is detected at a sampling point.
► Second column/same detector
► Second column/alternate detector
► Same column/altemate detector
► Mass spectrometry
► Alternate wavelength
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12/02/2004
DEP Agreement No. GO136, Attachment H, Page 8 of 9
Addendum 3
Quality Control Requirements for Laboratories performing Microbiological Testing
In addition to the quality control requirements outlined in Chapter 5 of the NELAC Standards, the following quality control
measures shall be implemented for this Contract. Note: "Sample" refers to samples that have been either collected or
analyzed under the terms of this Contract.
1. Blanks
a. If the membrane filter technique was used, the sample set(s) shall be associated with a beginning and
ending filtration blank.
b. The results of any blank must be < 1 CFU/100 mL or the associated sample results must be reported
with the appropriate qualifier from Chapter 62-160, F.A.C.
c. All duplicate results shall be evaluated per method specifications. In the event that field duplicate
agreement is not observed, the laboratory must investigate sufficiently to determine that poor precision
is not due to a laboratory error, and report the results with appropriate qualifiers and/or comments.
2. All microbiological analyses must conform to requirements for facilities, personnel and equipment specifications and
quality control measures discussed in AWWA Standard Methods 20`h edition, section 9020.
3. At least 10% of the samples (or one per test run) shall be duplicated.
4. Colony Counts
a. The laboratory shall make every attempt to ensure that colony counts are in the ideal range of 20 — 60 colonies per
plate. Reported values from colony plate counts outside this range shall be qualified with a `B" (unless reported
value is from a 100 mL sample and the count is less than 20).
b. If all counts are above 60, the result shall be calculated and reported from the highest dilution. This result must be
reported as "estimated".
C. The laboratory shall follow the reporting requirements specified in the method for other results that are outside the
ideal range (item 3.a of Addendum 3)
d. If the sample result is "too numerous to count (TNTC)" the laboratory shall report the filtration volume with the
data qualifier 'W'.
e. Colony counts from samples that have been verified shall be adjusted based on the verification results as specified
in the method.
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12/02/2004
DEP Agreement No. GO136, Attachment H, Page 9 of 9
ATTACHMENT I
CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION -LOWER TIER FEDERALLY FUNDED TRANSACTIONS
DEP AGREEMENT NO: G0136
The undersigned hereby certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
The undersigned also certifies that it and its principals:
(a) Have not within a three-year period preceding this certification been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or
State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property.
(b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or
local) with commission of any of the offenses enumerated in paragraph 2.(a) of this Certification; and
(c) Have not within a three-year period preceding this certification had one or more public transactions (Federal, State or
local) terminated for cause or default.
Where the undersigned is unable to certify to any of the statements in this certification, an explanation shall be attached to this
certification.
Dated this day of 20
By
Form DEP 55-220 (01/01)
Authorized Signature/Contractor
Typed Name/Title
Contractor's Firm Name
Street Address
Building, Suite Number
City/State/Zip Code
Area Code/Telephone Number
12/02/2004
DEP Agreement No. GO 136, Attachment I, Page 1 of 2
INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION -
LOWER TIER FEDERALLY FUNDED TRANSACTIONS
1. By signing and submitting this form, the certifying party is providing the certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the certifying party knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal Government, the Department of Environmental Protection (DEP) or agencies with which this
transaction originated may pursue available remedies, including suspension and/or debarment.
3. The certifying party shall provide immediate written notice to the person to which this contract is submitted if at any time the
certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary
covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the
Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this
contract is submitted for assistance in obtaining a copy of those regulations.
5. The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not
knowingly enter into any lower tier contract, or other covered transaction with a person who is proposed for debarment under 48
CFR 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the DEP or agency with which this transaction originated.
6. The certifying party further agrees by executing this contract that it will include this clause titled "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all
contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction
that it is not is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the
Nonprocurement List (Telephone No. (202) 501-4740 or (202) 501-4873.)
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good
faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR 9, subpart 9.4,
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies
available to the Federal Government, the DEP or agency with which this transaction originated may pursue available remedies,
including suspension and/or debarment.
DEP FORM 55-220 (01/01)
DEP Agreement No. GO136, Attachment I, Page 2 of 2
ATTACHMENT J
Contract Provisions
All contracts, awarded by a recipient including small purchases, shall contain the following provisions as
applicable:
1. Equal Employment Opportunity - All contracts shall contain a provision requiring compliance with
E.O. 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive
Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41
CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor."
2. Copeland "Anti -Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) - All contracts and subgrants in
excess of $2,000 for construction or repair awarded by recipients and subrecipients shall include a
provision for compliance with the Copeland "Anti -Kickback" Act (18 U.S.C. 874), as supplemented by
Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building
or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act
provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any
person employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he is otherwise entitled. The recipient shall report all suspected or reported
violations to the Federal awarding agency.
3. Davis -Bacon Act, as amended (40 U.S.C. 276a to a-7) - When required by Federal program
legislation, all construction contracts awarded by the recipients and subrecipients of more than $2,000
shall include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 276a to a-7) and as
supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions
Applicable to Contracts Governing Federally Financed and Assisted Construction"). Under this Act,
contractors shall be required to pay wages to laborers and mechanics at a rate not less than the
minimum wages specified in a wage determination made by the Secretary of Labor. In addition,
contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of
the current prevailing wage determination issued by the Department of Labor in each solicitation and
the award of a contract shall be conditioned upon the acceptance of the wage determination. The
recipient shall report all suspected or reported violations to the Federal awarding agency. EPA does
not consider work performed under the 319 grants to fall under the definition of construction.
Therefore, this provision does not apply to this specific agreement number.
4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) - Where applicable, all
contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2,500
for other contracts that involve the employment of mechanics or laborers shall include a provision for
compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40
U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section
102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer
on the basis of a standard work week of 40 hours. Work in excess of the standard work week is
permissible provided that the worker is compensated at a rate of not less than 1 %2 times the basic rate of
pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to
construction work and provides that no laborer or mechanic shall be required to work in surroundings
or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not
apply to the purchases of supplies or materials or articles ordinarily available on the open market, or
contracts for transportation or transmission of intelligence.
DEP Agreement No. GO136, Attachment J, Page 1 of 3
Rights to Inventions Made Under a Contract or Agreement - Contracts or agreements for the
performance of experimental, developmental, or research work shall provide for the rights of the
Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401,
"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government
Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the
awarding agency.
6. Clean Air Act (42 U.S.C. 7401 et seq.), and the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.), as amended - Contracts and subgrants of amounts in excess of $100,000 shall contain a
provision that requires the recipient to agree to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water
Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
7. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) - Contractors who apply or bid for an award of
$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not
and has not used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with obtaining any
Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any
lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the recipient.
8. Debarment and Suspension (E.O.s 12549 and 12689) - No contract shall be made to parties listed on
the General Services Administration's List of Parties Excluded from Federal Procurement or
Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension."
This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and
contractors declared ineligible under statutory or regulatory authority other than E.O. 12549.
Contractors with awards that exceed the small purchase threshold shall provide the required
certification regarding its exclusion status and that of its principal employees.
9. Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and Section
1424(e) of the Safe Drinking Water Act, (42 U.S.C. 300h -3(e)) - Contracts and subgrants of amounts
in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all
applicable standards, orders or regulations issued pursuant to Section 508 of the Federal Water
Pollution Control Act, as amended (33 U.S.C. 1368) and Section 1424(e) of the Safe Drinking Water
Act, (42 U.S.C. 300h -3(e)). Violations shall be reported to the Federal awarding agency and the
Regional Office of the Environmental Protection Agency (EPA).
10. Compliance with all Federal statutes relating to nondiscrimination. These include but are not
limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on
the basis of sex; (b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 795), which
prohibits discrimination on the basis of handicaps; (c) the Age Discrimination Act of 1975, as amended
(42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age; (d) the Drug Abuse Office
and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of
drug abuse; (e) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of
alcohol abuse or alcoholism; (f) Sections 523 and 527 of the Public Health Service Act of 1912 (42
U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient
records; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; (h) any other nondiscrimination provisions
DEP Agreement No. GO 136, Attachment J, Page 2 of 3
in the specific statute(s) made; and, (i) the requirements of any other nondiscrimination statute(s) which
may apply.
11. Compliance with the requirements of Titles II and III of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable
treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted
programs. These requirements apply to all interests in real property acquired for project purposes
regardless of Federal participation in purchases.
12. Compliance with the provision of the Hatch Act (5 U.S.C. 1501 — 1508 and 7324 — 7328) which
limit the political activities of employees whose principal employment activities are funded in whole or
in part with Federal funds.
13. Comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood
Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area
to participate in the program and to purchase flood insurance if the total cost of insurable construction
and acquisition is $10,000 or more.
14. Compliance with environmental standards which may be prescribed to the following: (a)
institution of environmental quality control measures under the National Environmental Policy Act of
1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to
EP 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in
floodplain in accordance with EO 11988; (e) assurance of project consistency with the approved State
management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et
seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c)
of the Clean Air Act of 1955, as amended (42 U.S.C. 7401 et seq.); (g) protection of underground
sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and
(h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-
205).
15. Compliance with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to
protecting components or potential components of the national wild and scenic rivers system.
16. Compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16
U.S.C. 470), EO 11593 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.)
17. Compliance with P.L. 93-348 regarding the protection of human subjects involved in research,
development, and related activities supported by this award of assistance.
18. Compliance with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C.
2131 et seq.) pertaining to the care, handling, and treatment of warm bloodied animals held for
research, teaching, or other activities supported by this Agreement.
19. Compliance with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) which
prohibits the use of lead based paint in construction or rehabilitation of residence structures.
20. Compliance with the mandatory standards and policies relating to energy efficiency which are
contained in the State energy conservation plan issued in accordance with the Energy Policy and
Conservation Act (Pub. L. 94-163, 89 Stat. 871).
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. GO136, Attachment J, Page 3 of 3
IrYI A' 41 u1Do" r;1
REGULATIONS
Formal regulations concerning administrative procedures for EPA grants appear in Title 40 of the Code
of Federal Regulations. Grant program administrative regulations appear in Subchapter B; other
regulations of general applicability appear in Subchapter A. Other EPA regulations also impact grant
programs. The following list contains regulations and Office of Management and Budget Circulars which
may apply to the work performed under this Agreement.
Subchapter A - General
40 C.F.R. 4
Uniform relocation assistance and real property acquisition for federal and federally
assisted programs
40 C.F.R. 12
Nondiscrimination on the basis of handicap in programs or activities conducted by
EPA
40 C.F.R. 29
Intergovernmental review of EPA programs and activities
40 C.F.R. 30
Uniform administrative requirements for grants and agreements with institutions of
higher education, hospitals and other nonprofit organizations
Subchapter B — Grants and Other Federal Assistance
40 C.F.R. 31
Uniform administrative requirements for grants and cooperative agreements to state
and local governments
40 C.F.R. 32
Governmentwide debarment and suspension (nonprocurement) and
governmentwide requirements for drug-free work place (grants); Clean Air Act and
Clean Water Act ineligibility of facilities in performance of federal contracts,
ants and loans
40 C.F.R. 34
New restrictions on lobbying
40 C.F.R. 35
State and local assistance
Other Federal Regulations
48 C.F.R. 31
Contract Cost Principles and Procedures, or uniform cost accounting standards that
comply with cost principles acceptable to the federal agency
Office of Management and Budget Circulars
A-21 Cost Principles for Educational Institutions
A-87 Cost Principles for State, Local, and Indian Tribal Governments
A-122 Cost Principles for Non -Profit Organizations
A-133 Audit Requirements
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. GO 136, Attachment K, Page 1 of 1
Meeting Type: Regular
Meeting Date: 03-01-05
AGENDA
Heading
Considerations
Item
4
No.
E-mail from Richard Martin
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSIDERATION: APPOINTMENT TO THE BREVARD WATER SUPLY BOARD
DEPT./DIVISION: LEGISLATIVE
Requested Action:
City Council consider the appointment of a regular and alternate member to the Brevard Water Supply Board.
Summary Explanation & Background:
Bob Hoog and Rocky Randels were the 2004 members.
Please advise.
Exhibits Attached:
E-mail from Richard Martin
City Manar"Office
Department LEGISLATIVE
c kim\m d c s admin ting\2005\3-01-05\bwsb.doc
Bennett Boucher
From: Kim McIntire [mcintire-cape@cfl.rr.com]
Sent: Thursday, February 17, 2005 3:23 PM
To: Bennett C. Boucher (E-mail)
Subject: Brevard Water Supply Board
These people are requesting that the City provide them with the appointed member and
alternate on City letterhead. They currently have Bob and Rocky listed, respectively. Is
this still correct? Let me know and I'll prepare the letter. Thank you!
Letter to Richard H. Martin
Director
Brevard County Water Supply Board
2725 Judge Fran Jamieson Way
A-213
Viera, FL 32940
Kim McIntire
Administrative Assistant
City of Cape Canaveral
105 Polk Ave
Cape Canaveral, Fl. 32920
Phone 321-868-1230
www.myflorida.com/cape
Fax 321-868-1224
1
Meeting Type: Regular
Meeting Date: 03-01-05
AGENDA
Ileadmg
Considerations
Item
5
No.
Environmental Protection.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSIDERATION: BID NO. 05-01, DRAINAGE IMPROVEMENTS FOR THE
INSTALLATION OF STORMWATER BAFFLE BOXES
DEPT./DIVISION: PUBLIC WORKS/STORMWATER UTILITY
Requested Action:
City Council consider the award of Bid No. 05-01, drainage improvements for the installation of stormwater bale
boxes at Holman Road, Center Street and West Central Blvd. to Gregori Construction and Engineering, Inc. in the
amount of $307,597.50 as recommended by the public works director.
Summary Explanation & Background:
The bid is within the $317,203 budgeted for construction in our grant agreement with the Florida Department of
Environmental Protection.
This is a budgeted project within the stormwater utility fund. See attached memo from the public works director.
I recommend approval.
Exhibits Attached:
Public works director's memo; bid documents
City Mana ' Mee
Department PUBLIC WORKS/STORMWATER
UTILITY
cape- m\myd ent in\counci meeting\2005\03-01-05\05-01.doc
MEMORANDUM
TO: Bennett C. Boucher
City Manager
FROM: Ed Gardulski
Public Works Director
DATE: February 22, 2005
SUBJECT: City Council Agenda Item March 1, 2005
Bid Award 05-01 Drainage Improvements
Center Street, Holman Road, and Central Blvd Baffle Boxes
The City of Cape Canaveral has been selected for a 319 Cost Sharing Agreement
for the fiscal years 2005. The agreement will allow up to $179,601 (40%) in cost sharing for the
design and construction of three (3) Stormwater projects to be located at the end of Center
Street, Holman Avenue and Central Blvd. The grant amount is $263,402 or 60% of the total
project proposed cost of $443,000. Funds are budgeted within the Stormwater Fund Budget in
the amount of 439,003.
On August 3`d City Council approved Stottler Stagg & Associates (SSA) Design and Bid
Documents. The City advertised the Bid on January 8th 2005 in the Florida Today. Twelve Bid
packages were distributed as the result of the advertisement. The Pre -Bid meeting was held on
February 1St at the City Hall Annex and three Contractors attended. Bid opening was held
promptly at 3:15 on February 15th, 2005. The City of Cape Canaveral only received one Bid.
Gregori Construction and Engineering Inc., Sarver, Pennsylvania was low bidder in
the amount of $307,597.50. Staff conducted an extensive reference background check and
found the firm satisfactory. The City of Satellite Beach awarded the Contractor a similar
construction project that is currently underway. In addition, Pennsylvania DOT reported a
satisfactory reference. The Public Works Director requested and received a resume' of the
Project Superintendent, David Booth.
Recommend the approval of the Bid Award 05-01 to Gregori Construction and
Engineering Inc in amount of $307,597.50 for Center Street, Holman Avenue, and Central
Blvd. Baffle Boxes.
Attachment
CC: File
RECORD OF VERBAL COMMUNICATION
TO: Project File
FROM: Jeff Ratliff
DATE: 02/18/05
RE: Reference Check — Gregori Construction
I talked with Gail Jones of Qutlaw and Jones in Melbourne — this was at the suggestion of
Allen Potter at the City of Satellite Beach. Gail has spent some time in discussions with
Dale Mudrak — he is comfortable with Dale's knowledge concerning the Satellite Beach
project as well as his overall construction knowledge. He had not contacted any of
Gregori's references in PA and had never used Gregori in Florida. He suggested that we
stop by the construction site in a few weeks in Satellite Beach when the project is
underway.
RECORD OF VERBAL COMMUNICATION
TO: Project File
FROM: Jeff Ratliff
DATE: 02/17/05
RE: Reference Check — Gregori Construction
I contacted George McCauley of the PA DOT concerning past projects performed with
Gregori Construction. John stated that the firm was very responsive, communicated well
with the PA DOT staff, and maintained a quality management staff. Any difficult issues
at project initiation were always "worked out" before major construction problems
resulted. Overall, he recommended the firm for smaller drainage type projects. However,
he was unfamiliar with any Gregori Construction operations in Florida.
DAVID G. BOOTH
WORK EXPERIENCE
1995 - Present Gregod Construction and Engineering, Inc. Sarver, PA
F:.xcacaliarr ,S'�r�#erirrleKr�e�ad
Responsible for:
. lanaging excavation and drainage installation crew Cot projects varying in s]ce from $30,000 to
i1,500,(kDO
c Comple&g excavation, shoring, and drainage work on various projects. Pfojects include:
■ 121h Ave. Sanitary Sewer Repair, McKeesport PA (.City of McKeesport, PA) — Roadway
excavatitan and installation of new 30" dia. PVC pipe and manholes, 101,1' --15 ri' depth.
• Havengate Drive Slide Repair, Bethel Park, PA (Borough of Bethel Park, PA) — Excavation of
10 PT deep x 9 F1' wide x SSU PI' long tm-ich through unstable ,oil, installation of grouted rip rap
to til trench
Peffer Bridge Replacement, Evans City, PA (PA Dept of Transportation) — Excavation for
i_nstailadon of bridge abutment footers (20 FT — 25 FT depth), excavation for installation of bridge
pier footer within sheetpile cofferdam (15 FT depth),
% Youghiogheny St. Bridge, Jeannette, PA (PA Department of Transportadon) — Excavation for
installation of bridge footers, 20 FT depth.
w Streambank Protection, Ford City, PA US Arniy Corps of Engineers) — Installation of 25 FT
deep storm sewer.
■ Sewer Improvements, Aspinwall, PA (US Veterans Administration) — Installation of manholes,
20 F7 -- 25 FT deep.
r Server Irnprovements, Pittsburgh, ISA (91 14 th Airlift Wing) — Installation of manholes and inlets,
20 FT — 25 N T dee}.
■ Barron Run Bridge, Centerville, PA (PA Department of 'Transportation) — Excavation for
installation of bridge footers, 15 r'1' depth.
• Mary St. Stormwater Improvements, Baldwin, PA (Borough of Baldwir. PA) — Installation of
13 FT Deep x 8 FT Wide x 8 FT Long inlet box, 36" dia. RCP:
1989-1995 Gtegori Construction and Engineering, Inc. Sarver, PA
l~aremax l fquipreent Operator
Responsible for:
■ field managrmcnt of conslructirn project-, ranging in size; from $10,000 to $250,000
r Managing excavation / drainage installation crew (3-6 people-)
Ope=tion of small and heavy equipment
GRROOR1 CONA'1'RUCtION AND LNC JNF�t. fNQ, INC.
'36 VKA TOWN 'ROAD
SARVE'R, PA 16053
CITY OF CAPE CANAVERAL, FLORIDA
REQUEST FOR BID NO. 05-01
"CONSTRUCTION OF THE CITY OF CAPE CANAVERAL,
DRAINAGE IMPROVEMENTS SEDIMENT CONTROL DEVICES"
NOTICE IS HEREBY GIVEN: That sealed bids will be received in the City Clerk's
Office, City of Cape Canaveral at 105 Polk Avenue, Cape Canaveral, Florida 32920
until 3:00 PM, February 15, 2005. Any bids received after this time will not be accepted
under any circumstances. Any uncertainty regarding the time a bid is received will be
resolved against the Bidder. Bids must be enclosed, sealed and marked on the outside
of the envelope "Sealed Bid -- No. 05-01" "BID FOR CONSTRUCTION OF THE CITY
OF CAPE CANAVERAL, DRAINAGE IMPROVEMENTS SEDIMENT CONTROL
DEVICES" and mailed or hand delivered to the City Clerk's office.
DESCRIPTION OF WORK: All work for the project shall be constructed in accordance
with the Drawings and Specifications prepared by Stottler Stagg & Associates,
Architects, Engineers, Planners, Inc., and the proposed improvements will be awarded
and constructed, if award is made, under one Contract. Bids shall be submitted for
furnishing, delivering and installing all materials, equipment, and services including
labor for the work, which generally involves:
Installation of precast concrete sediment control structure(s) (baffle box) at
Central Boulevard, Center Street and Holman Avenue. Work will include
erosion control, dewatering, maintenance of traffic, excavation for baffle
boxes, removal of pipe segments, roadway repair and general cleanup.
BID OPENING will begin promptly at 3:15 PM, February 15, 2005 in the Cape
Canaveral City Hall Annex at 111 Polk Avenue, Cape Canaveral, Florida, at which
time all bids received will be publicly opened and read aloud.
PRE-BID MEETING: All bidders are encouraged to attend a pre-bid meeting scheduled
for February 1, 2005 at 3:00 PM at the City Hall Annex located at 111 Polk Avenue,
Cape Canaveral, Florida.
BIDDING DOCUMENTS, SPECIFICATIONS AND PLANS: May be obtained at the City
of Cape Canaveral, City Clerk's Office, 105 Polk Avenue, Cape Canaveral, FL 32920. A
payment in cash or check payable to the City of Cape Canaveral will be required for
each complete set of the Bidding Documents. Bid documents are available for the
amount of $25.00 per set and the cost is non-refundable. Inquires concerning this bid
should be directed to Ed Gardulski, Public Works Director at (321) 868-1240.
The City will make an award as defined in the City's Code of Ordinances, Sections
2-218. Procedure.
Susan Stills, CMC, City Clerk
Drainage Improvements Sediment Control Devices
City of Cape Canaveral, Florida SSA Job No. 04-0045
SECTION 00300
BID
For
Drainage Improvements Sediment Control Devices
City of Cape Canaveral, Florida
_ Cape Canaveral, Florida
Submitted in Triplicate: 2- lS , 2005 C(DPY
I City Clerk, City of Cape Canaveral
105 Polk Avenue, P.O. Box 326
Cape Canaveral, FL 32920
Gentlemen:
The undersigned, as Bidder, hereby declares that the only person or persons interested in the Bid, as
principal or principals, is or are named herein and that no other person than herein mentioned has any
interest in the Bid of the Contract to which the work pertains; that this Bid is made without connection or
arrangement with any other person, company, or parties making_ a bid and that the Bid is in all respects fair
and made in good faith without collusion or fraud.
The Bidder further declares that he has examined the site of the work and has fullysatisfied himself that such
site is a correct and suitable one forthis work and he assumes full responsibility therefore. This determination
was made based on his personal knowledge and experience and/or having made sufficient.test holes and
other subsurface investigations. The bidderstates that he has examined the Drawings and Specifications for
the work and based on his own experience or professional advice, he has determined that the Drawings and
Specifications are sufficient forthe work to be done and that he.has examined the other Contract Documents
and all addenda relating thereto, including the Advertisement for Bids, Instructions to Bidders, Bid, Bid Bond,
Noncollusion Affidavit . of Prime Bidder, Public Entity Crimes, Contract, Performance, Payment and
Maintenance Bonds, Certificate of Insurance, General Conditions, Special Conditions, Technical
Specifications, Appendices, and Drawings and has read all addenda priorto the receipt of bids, and that he
has satisfied himself fully, relative to all matters and conditions with respect to the work to which this Bid
pertains.
The Bidder proposes and agrees, if this Bid is accepted, to contract -with the City of Cape Canaveral in the
form of contract specified, to fumish all necessary materials, equipment, all necessary machinery, tools,
apparatus, means of transportation, and labor -necessary to complete the work specified in the Bid and the
Contract, and called for by the Drawings and Specifications and in the manner specified.
In full and complete accordance with the shown, noted, described, and reasonable intended requirements of
the plans and specifications and Contract Documents to the full and entire -satisfaction of the Owner, with a
definite understanding that no money will be allowed for extra work ex_ ce t s t fort in the attached
General Conditions, and Contract Documents, forthe Lump Sum of %,,4�, �� �7 ��+ 7d; �y .�r�• (
Dollars ($Z9Z o 97,3'0 ) which sum is designat d as the BASE BID and Bid Option A Fabrifonm Bank
Protection) forthe Lump Sum of ref � �w I 4�s. 1 Dollars ($}off.
/J, w
Addendum Receipt: Bidders shall acknowledge the receipt of any and all addenda:
Addendum #
Addendum #
Addendum #
Date
Date
Date
BID
Drainage Improvements Sediment Control Devices
City of Cape Canaveral, Florida SSA Job No. 04-0045
Addendum # Date
The required Bid Deposit in the sum of (5% of bid which includes Bid Option A) $ 57.• OF &> is
enclosed. (Must be in the form of Bid Bond, Bank Draft, or Cashier's Check, Certified orTreasurer's Check
payable to City of Cape Canaveral.) The bid will remain open and in full force fora period of forty-five (45)
days afterthe time established for bid opening. The Bid Deposit shall be forfeited as liquidated damages in
the event Bidder fails to provide the bond or execute the Contract Agreement as specified below.
The Bidder agrees that the Owner reserves the right to reject this bid, or to waive informalities in any bid.
The Bidderfurther proposes and agrees to commence work under its contract within ten (10) days from the
issuance of the Notice to Proceed, and shall complete all work thereunderwithin one hundred and twenty-five
(125) calendar days. Liquidated damages will be assessed in the amount of four hundred dollars ($400) per
calendar day, for each day the Owner cannot fully occupy the system for all intended uses.
The Bidderfurther proposes and agrees that, in case of failure on his part to execute said Contract and the
Bid within ten (10) consecutive calendar days, after written notice being given of the award of the Contract,
the check or bid bond accompanying this bid, and the monies payable thereon, shall be paid into the funds of
City of Cape Canaveral, as liquidated damages for such failure; otherwise, the check or bid bond
accompanying this proposal shall be returned to the undersigned.
The Bidderfurther agrees to execute a Contract and furnish satisfactory Performance and Payment Bonds,
each in the amount of one -hundred percent (100%) of the Contract price, within ten consecutive calendar
days afterwritten notice being given bythe Ownerof the award of the Contract, and the undersigned agrees
that in case of failure on his part to execute the said Contract and Performance and Payment Bonds within
the ten consecutive calendar days after the award of the Contract, the cashier's check. or Bid Bond
accompanying his bid and the money payable thereon shall be paid to the Owner as liquidation of damages
sustained by the Owner, otherwise, the Bid Security accompanying the Bid shall be returned to the
undersigned after the Contract is signed and the Performance and Payment Bonds are filed.
The undersigned agrees to accept in full compensation therefore the total of the contract price for the lump
sum price designated as the BASE BID and BID OPTION A. Absent a Change Order, there shall be no
increase in the lump sum payment. GfeQot'i Construction
an Engineering Inc.
Name of Bidder Ms-Ekastown Rd.
Bidders Occupational License No.
3836 Z , Sarver, PA 16®66
Signature of Authorized Officer ^ w �,.10 -� M. G1Laa-CZd
Title 1►-a�lmeT1�
Business Address —7Z( G4eA-% WrJ 9-0%Q
City SA.vO(z- State �_ Zip Lr—
�+E - Qua -►r em� Ky t>hLr-- Q. Wo(14K, Lie- c (- G gc 12 -S? -14-8
BID 00300-2
Drainage Improvements Sediment Control Devices
City of Cape Canaveral, Florida • SSA Job No. 04-0045
Name and Address of Surety or Sureties who will sign Bonds:
Performance Bond }
Payment Bond
Maintenance Bond
(Sec- A&A -z-6
END OF SECTION 00300
Me
00300-3
J
4
City of Cape Canaveral
DRAINAGE IMPROVEMENTS SEDIMENT CONTROL DEVICES
AT CENTER STREET, CENTRAL BOULEVARD AND HOLMAN AVENUE
Engineer's Estimate of Probable Cost
January -05
Item
Qty.
Unit
Unit Cost
Amount
Mobilization
3
LS
5-00
?SOd
Excavation
500
CY
5.!;-
,s00
Silt Removal
60
CY
Erosion Control (Silt Fencing & Hay
Bales)
3
LS
3500
/0,�00
Dewatering
3
LS
75,000
5-'600
Fill
1
LS
00
00
Concrete Baffle Boxes
3
LS
7-25--00
L X00
Temporary Access @ Holman &
Repave Conc. A .
1
LS
13S-06.
/3,-0 0
Roadway Repaving (AC & Base)
2
LS
/pfd 0
3000
Grout Work @ Boxes
1
LS
Z000
Monitoring Tubes
3
LS
4IS-0
135-0
Crane Rental
1
LS
1/0"0949
v 000
Removal Existing RCP(s)
60
LF
15-
900
Miscellaneous Restoration
1
LS
00
4760
Maintenance of Traffic
3
LS
1,5-'00
4,-00
Subtotal
ZFZZ 9Td
Contingency (5%)
/ y /i 2.15-0
Bid Total
Z OY2 3m
OPTION A
Fabriform Bank @ Central (approx.
800 SF)
1
LS
Bid Total with Option A
30
GENERAL NOTES:
1 This Engineer's Estimate is based on SSA construction drawings titled "Drainage
Improvements - Sediment Control Devices and dated 12/20/04.
2. Costs for engineering inspections or construction surveys have not been included.
3. Costs for easements (including construction easements) have not been included.
4. No permit costs for Option A have been included.
5. As a part of this work the Contractor is to submit MOT plans and dewatering plans.
6. No landscaping costs have been added.
server/projects/040045/040045 Estimate.XLS/Cost Estimate (2)
Drainage Improvements Sediment Control Devices
C ity of Cape Canaveral, Florida SSA Job No. 04-0045
• CERTIFICATES AS TO CORPORATE PRINCIPAL
CmLewpss�.
E►.,�! certifythat I am the Secretary of the Corporation named as Principal
in the within bond; that A,4bOw t -r« a who signed the said bond on behalf of the
principal, was then hc.E of said corporation; that I know his signature, and his
j signature hereto is genuine; and that said bond was duly signed, sealed nd attested for and in behalf of said
_ corporation by authority of its governing body.
1�-
Se retary (Corporate Seal)
STATE OF Ft@RtDA PCnn5j1q& i►&
S8
A COUNTY OF BREV R&
Bef re me, a Nota Public duly commissioned, qualified and acting, personally appeared
�Q t lr1 t l
M.
- ��r cin e n to me wq I known, pho being by me first duly swom upon oath, says that
F�dtl, and lJdPON'
rid ,the Att in -F ct, for the d that he has been authorized by
e. a-nApas or+�y
to cute he foregoing bond on behalf of the Contractor named
therein in favor of the
the,CLjH_ cf CC.r,avuaAPL
Sworn to and subscribed before me this. day of F _br u aru . 20 OS.
Personally known....Y..................................................
OR Produced Identification ........................................ Notary Public -State of trw-5�i,16.66L
My Commission Expires
(Type of Identification)
(Attach Power of Attorney to Original Bid Bond)
END OF SECTION 00410
s
(Printed, typed or stamped commission name of
notary public)
SO:2 1
Clow I-Wa" W-faryFd3E % r
Com'. AkVW"T CoudY
Ra rm*t;n aAm =!EftaIsR s a
BID BOND 00410-3
Drainage Improvements Sediment Control Devices
City of Cape Canaveral, Florida SSA Job No. 04-0045
SECTION 00480
NONCOLLUSION AFFIDAVIT OF PRIME BIDDER
State of PA )
ss.
County of
being duly swom; deposes and says that:
(1) He is �P of riftgar4tNN , the Bidderthat'has submitted the attached bid:.
(2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent
circumstances respecting such Bid;
(3) Such Bid is genuine and is not a collusive or sham Bid;
(4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or
parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or
indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the
Contract for which the attached Bid has been submitted.or to refrain from bidding in connection with such
Contract, or has in any manner, directly or indirectly, sought by contract, or has in any manner, directly or
indirectly, sought by agreement or collusion or communication'or conference with.any other Bidder, firm or
person to fix the price or prices in the attached bid orof any other' Bidder, orto fa any overhead, profit orcost
element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy,
connivance or unlawful agreement any advantage against the City of Cape Canaveral, or any person
interested in the Contract; and
(5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion,
conspiracy, connivance or unlawful agreement on the part of the Bidderorany of its agents, representatives,
owners, employees, or parties of interest, including affiant.
Swom to and subscribed before me this )0'"' day of ,20-65
STATE OF ... r�a�?:�! * 3!L .s. A..........
COUNTY OF '
Personally known ...:..............
.....................................
OR Produced Identification ........................................
(Type of Identification)
END OF SECTION 00480
Notary Public - State of #41 A
My Commission Expires 5.7-06
(Printed, typed or stamped commission name of
notary public)
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Gary L. Meldssick, Notary Public
Neshannock Twp., Lawrence County
My Commission Expires May 7, 2005
Member, Pennsylvania Association of Notaries
NONCOLLUSION AFFIDAVIT OF PRIME BIDDER 00480-1
A Drainage Improvements Sediment Control Devices
City of Cape Canaveral, Florida ' SSA Job No. 04-0045
.. SECTION 00670
LETTER OF TRENCH SAFETY COMPLIANCE
to
Bidderto fill in, and submit with bid priorto execution of the Agreement.
DATE:
TO: City of Cane Canaveral, Owner
RE: _City of Cage Canaveral Drainage Improvements Sediment Control Devices
(Contract Title)
GENTLEMEN:
This letter is written to give assurances that, as Contractor for the above -noted construction, we will comply
_ with the applicable trench safety standards during the work of this Contract.
We have considered the costs per linear foot for Trench Safety Measures and the cost persquare foot for
special shoring requirements, and have incorporated these costs into related item on the bid forms.
The provision shall in no way affect the Conditions of Contract relating to changes in the work or adjustments
for differences between estimated Quantities on the Bid Form and measured -in-place completed Work.
In case we subcontract any portion of the Work which is subject to the Trench Safety Act, we will be
responsible for obtaining assurance of compliance with applicable trench safety standards from the
subcontractor.
Very truly yours,
r Gregori Construction
f end Engineering Inc.
736 Ekastown Rd. Contractor
Sarver, PA 16055
Nk. � , U'P
(Authorized Signatu
END OF SECTION 00670
LETTER OF TRENCH SAFETY COMPLIANCE 00670-1
Drainage Improvement Sediment Control Devices
City of Cape Canaveral, Florida SSA Job No. 04-0045
SWORN STATEMENT UNDER SECTION 287.133(3)(A),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER
AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted with Bid, Proposal or Contract No. �"' �_ _. for .
dregOrl luonstrUGLIVI
2. This sworn statement is submitted by and Eftgineering Inc.
(name of entity submitting sworn statement 736 ECtOWn Rd.
whose business address is Sarver, PA 1606%nd (if applicable)
its Federal Employer Identification Number (FEIN) is' 23-21"!k g &
(If entity has no FEIN, then include Social Security Number of the individual signing
this sworn statement: .
3. My name is A,,At>PeW Ak' 'R -t and my relationship to the
(please print name of individual signing)
entity named above is.
4. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes,
means a violation of any state or federal law by a person with respect to and directly related to the
transaction of business with any public entity or with an agency or political subdivision of any other state
or with the United States, including, but not limited to, any bid or contract for goods or services to be
provided to any public entity or an agency or political subdivision of any other state or of the United
States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misrepresentation.
I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes,
means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt in .
any federal or state trial court of record relating to charges brought by indictment or information after
July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.
6. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime:
or
2. An entity under the control of any natural person who is active in the management of the entity and
who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in the
management of an affiliate. The ownership by one person of shares constituting a controlling interest
in another person, or a pooling of equipment or income among persons when not for fairmarketvalue
under an arm's length agreement, shall be a prima facie case that one person controls another person.
A person who knowingly enters into a joint venture with a person who has been convicted of a public
entity crime in Florida during the preceding 36 months shall be considered an affiliate.
7. 1 understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any
natural person or entity organized under the laws of any state or of the United States With legal power
to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods
or services let by a public entity, or which otherwise transacts or applies to transact business with a
public entity. The term "person" includes those officers, directors, executives, partneis, shareholders,
employees, members, and agents who are active in management of an entity.
8. Based on information and belief, the statement which I have marked below is true in relation to the
entity submitting this sworn statement. (Please indicate which statement applies).-
PUBLIC
pplies):
PUBLIC ENTITY CRIMES
Drainage Improvement Sediment Control Devices
City of Cape Canaveral, Florida SSA Job No. 04-0045
X, Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in management of the entity, nor any
affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July
1, 1989.
The entity submitting this sworn statement, or one or more of the officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in management of the entity,
or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to
July 1, 1989, AND (Please indicate which additional statement applies.)
There has been a proceeding concerning the conviction before a hearing officer ofthe State
of Florida, Division of Administrative hearings. The final order entered by the hearing officer did
not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final
order.)
The person or affiliate was placed on the convicted vendor list. There has been a
subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative
Hearings. The final order entered by the hearing officer determined that it was in the public
interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of
the final order.)
The person or affiliate has not been placed on the convicted vendor list. (Please describe
any action taken by or pending with the Dep ent of ene �erjvices.)
;!�
gnature)
Sworn to and subscribed before me this 10 t'` day of i�ct � ►• �-`� , 2005'
STATE OF R&4o4S-1"Art . h
COUNTY OF it,�t-c cd Q -
Personally known
OR Produced Identification
(Type of Identification)
Notary Public- State of ..:,.ssy/LSM-+. 4
My Commission Expires 51--7-OS
(Printed, typed or stamped commission name
of notary public)
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Gary L. Mckissick, Notary Public
Neshannock Twp., Lawrence County
My Commission Expires May 7, 2005
Member, Pennsylvania Assnr:ietion of Notaries
PUBLIC ENTITY CRIMES
vjL %,rmvY x U%.,L1V11 LV111 111CCi 111 111 :.
736 Ekastown Road • Sarver, Pa 16055 Fax (724) 353-2486 • Phone (724) 353-1322
Resolution
The Following is a true copy of a resolution duly adopted by the Board of Directors of Gregori
Construction and Engineering, Inc. at a special meeting of said Board duly held on March 2, 2001.
RESOLVED, the corporation will fill the office of Vice -President by
Appointing Andrew M. Gregori to said office. He shall have authority to
Conduct any and all business for Gregori Construction and Engineering, Inc.
(Corporate Seal)
Secretary
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STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
' 1940 NORTH MONROE STREET
TALLAHASSEE FL 32399-0783
GREGORI CONSTRUCTION & ENGINEERING INC
736.EKASTOWN RD
SARVER PA 15065
DETACH HERE
(850) 487-1395
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CONSTRUCTION INDUSTRY LICENSING BOARD:; SEQ#Lo4091500359
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Named below -IS 'QUALIFIED
Under the provisions of Chapter
Expiration date: AUG 31, 2005,E
(THIS IS NOT A LICENSE TO PER
COMPANY TO DO BUSINESS ONLY r;
GRTGORI CONSTRUCTION & ENGINEER
73f EKASTOWN RD -
SARVER PA 15065
a7h'B BUSH
GOVERNOR
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DIANE
AS REi1UfRED BY LAW
SECRETARY
Oct 25 04 12:42p Dale Mudrak 407-568-1833 p,2
_ STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
_ CONSTRUCTION INDUSTRY LICENSING BOARD
N YL� TALLAHASSTEMONROE STREET
FL 32399-0783
MUDRAK, DALE VINCENT
GREGORI CONSTRUCTION & ENGINEERING INC
21522 HOBBY HORSE LANE
CHRISTMAS FL 32709
DETACH HERE
(850) 487-1395
0STATE OF FLORIDA ACS
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
CBC1252168 09/15/04 030651703
CERTIFIED BUILDING CONTRACTOR
MUDRAK, DALE VINCENT
GREGORI CONSTRUCTION & ENGINEERIN
IS CERTIFIED under the provision of Ch.489 FS.
1 sspiratiaa data. AUG 31, 2006 L04091SO0208
k
AGS I Q l STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#L04091500208
- - LICENSE NBR
D9/15/20041 030651703 CBC1252168
The BUILDING CONTRACTOR
Named below IS CERTIFIED
Under the provisions of Chapter 489 FS.
Expiration date: AUG 31, 2006
MUDRAK, DALE VINCENT
GREGORI CONSTRUCTION & ENGINEERING INC
21522 HOBBY HORSE LANE
CHRISTMAS FL 32709
JEB BUSH
GOVERNOR
DISPLAY AS REQUIRED BY LAW
DIANE CARR
SECRETARY
F=>
t�aiance 5neet
Page 1
Gregori Construction
010891210
01/28/2005
Company. I
For Nov, 2004
ASSETS
ational City
'National
3,616.98
City Regular
277,620.90
A/R
Earnings & Costs in Excess
920,413.93
268,602.24
Inventory Asset
52, 922.05
Prepaid Corporate Taxes
5,100.00
Prepaid Insurance
7,249.62
Equip
Fixtures -Office
1,154,481.66
Vehicles
74,535.84
Computer Software
366,373.00
A/D Property & Equip
13,453.45
-1,479,291.56
Security Deposit
3,000.00
TOTAL ASSETS
1,668,078.11
A/P
Benefits
Benefits W/H-Young
Benefits W/H Logut
Benefits W/H Faulx
Benefits W/H IRON
Benefits W/H CARP
Laborers Fringe
Operators Union
Accr FUTA
Accr SUTA
PA SIT W/H
Delaware ST. Tax W/H
Workers Comp
Line of Credit - Nat'l City
Note Pay - New Holland Skid
Equipmtent Line 2003
Note Pay - Term Loan
2001 Komatsu PC150
EQUITY
Current Year Income Taxes
Retained Earnings - Current
Retained Earnings - Prior
Common Stock
Balance Sheet
Gregor! Construction
01/28/2005
For Nov, 2004
4
LIABILITIES AND EQUITY
-49,416.00
144,892.43
635,939.94
1,000.00
-547.04
3,938.08
76.55
-52.97
-418.18
2.15
211.22
3,100.05
1,587.49
159.44
2,574.65
250, 000.00
15, 932.31
46,936.06
27,016.10
26,255.05
TOTAL EQUITY 732,416.37
TOTAL LIABILITIES AND EQUITY 1,668,078.11
Profit and Loss Statement
Gregori Construction
- /101/28/2005
For Jan, 2004 thru Nov, 2004
Current Month % Sales
Page 1
0112810511:5:
Company.
Year to Date % Sales
,,,nst Rev
517,981.57
99.78
4,022,074.34
99.25
nterest Inc
45.61
0.01
1,482.26
0.04
Other Inc
1,071.00
0.21
28,815.94
0.71
Sales
519,098.18
100.00
4,052,372.54
100.00
Direct Labor
79,628.78
15.34
753,708.14
18.60
Fringes on Labor
32,523.47
6.27
295,973.78
7.30
Material
101,894.72
19.63
1,015,665.45
25.06
Rental -Equipment
52,087.93
10.03
224,706.48
5.55
Subcon
16,415.91
3.16
483,752.02
11.94
Trailer Exp
2,15.0.48
0.41
22,847.97
0.56
Bond Exp
0.00
0.00
68,371.00
1.69
Payroll Tax Expense -Dir. Lab
10,572.82
2.04
108,936.11
2.69
Indirect Labor
5,384.60
1.04
67,848.07
1.67
Workers Comp Expense -Dir. lab.
7,217.75
1.39
69,084,36
1.70
Cost of Sales
307,876.46
59.31
3,110,893.38
76.77
Gross Profit
211,221.72
40.69
941,479.16
23.23
Bank Charge
9.31
0.00
1,605.16
0.04
Bids
272.00
0.05
5,418.30
0.13
Building Rental
4,000.00
0.77
44,000.00
1.09
Depreciation Expense
8,271.01
1.59
90,981.11
2.25
Donation
0.00
0.00
200.00
0.00
Dues & Sub
393.00
0.08
1,015.21
0.03
Education
0.00
0.00
3,866.96
0.10
Fines & Penalties
0.00
0.00
305.00
0.01
Fuel
10,285.91
1.98
58,322.33
1.44
Ins - Automobile
2,494.83
0.48
27,443.13
0.68
Ins - Commercial Package
5,521.25
1.06
60,733.75
1.50
Ins - Health
2,888.49
0.56
34,621.70
0.85
Ins - Cobra
1,942.26
0.37
1,412.45
0.03
Ins - Umbrella Package
2,542.00
0.49
28,770.50
0.71
Ins - WC
70.30
0.01
710.29
0.02
Interest Exp
2,502.73
0.48
14,492.91
0.36
UP Fees
0.00
0.00
7,877.50
0.19
License & Permits
140.00
0.03
5,514.50
0.14
Misc. Exp
108.52
0.02
2,380.31
0.06
Office
3,728.22
0.72
25,049.39
0.62
Outside Services
45.00
0.01
15,006.60
0.37
Consulting Services
4,425.00
0.85
45,238.75
1.12
Payroll - Salary
18,500.98
3.56
180,223.02
4.45
Payroll Tax Expense -Admin.
1,415.34
0.27
20,277.00
0.50
Pension Benefits
165.00
0.03
165.00
0.00
Per Diem
0.00
0.00
2,910.00
0.07
Phone
350.86
0.07
5,025.59
0.12
Mobile Phone
1,376.51
0.27
15,660.60
0.39
Postage
162.52
0.03
2,610.70
0.06
Repairs
944.65
0.18
56,816.23
1.40
Supplies
1,120.13
0.22
4,913.66
0.12
Officers Life Insurance
334.80
0.06
8,304.20
0.20
Taxes
0.00
0.00
1,968.89
0.05
T&E: Enter
71.07
0.01
585.77
0.01
T&E: Meals
703.53
0.14
4,455.89
0.11
T&E: Travel
194.46
0.04
13,211.16
0.33
Utilities
230.79
0.04
;..-4,493.17
0.11
Operating Expenses
75,210.47
14.49
796,586.73
19.66
Profit from Operations
136,011.25
26.20
144,892.43
3.58
Gregori Construction & Engineering, Inc.
736 Ekastown Road o Sarver, PA 16055 Phone: (724) 353-1322 • Fax: (724) 353-2486
City of Cape Canaveral February 15, 2005
105 Polk Avenue
Cape Canaveral, FL 32920
Ref. Project: Drainage Improvement/Sed. Ctrl Devices
Cape Canaveral, FL
SSA Job No. 04-0045
Dear Sir or Madam,
As required in Paragraph 1.071)(3) in the Instructions to Bidders for the referenced
project, we are naming the following major subcontractor(s) for work on this project:
1. Dewatering: 19f}Co
0 Q
2. Baffle Box Precasting: !d �(_
(Does not include 4W Wv,) 1 7,-e/- U �- 1
installation) tel Z z
These two items represent the major portions of the work we intend subcontracting. Please feel
free to contact me if you have any questions or if you need any additional information. Thank
you.
Sincerely,
Andrew M. Gregori
Vice President
Meeting Type: Regular
Meeting Date: 03-01-05
AGENDA
Heading
Resolutions
Item
Summary Explanation & Background:
No.
resolution.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 2005-07, OPPOSING THE BOARD OF COUNTY
COMMISSIONERS OF BREVARD TO IMPOSE ADDITIONAL REQUIREMENTS ON
VOLUNTARY ANNEXATIONS
DEPT./DIVISION: LEGISLATIVE
Requested Action:
City Council consider approval of Resolution No. 2005-07, opposing the Brevard County Board of Commissioners
action to impose additional requirements on voluntary annexations as recommended by the Space Coast League of
Cities.
Summary Explanation & Background:
The Space Coast League of Cities adopted a similar resolution and requested cities to consider adoption of a similar
resolution.
In talking with our area city managers, they suggest that the county work with the newly formed growth
management committee, continue to negotiate joint planning agreements with cities, and wait to see what the
Florida Legislature will adopt with the proposed changes to the growth management statutes.
Please advise.
Exhibits Attached:
Resolution No. 2005-07
City Mana Office
Department LEGISLATIVE
C __
cap - m\ doc s\admin\council\meeting\2005\03-01-05\2005-07
(to c
RESOLUTION NO. 2005-07
A RESOLUTION OF THE CITY OF CAPE CANAVERAL OPPOSING
THE BOARD OF COUNTY COMMISSIONERS OF BREVARD
COUNTY ACTION TO IMPOSE ADDITIONAL REQUIREMENTS ON
VOLUNTARY ANNEXATIONS; SUPPORTING CURRENT
NEGOTIATIONS FOR JOINT PLANNING AGREEMENTS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 171, Florida Statutes, sets forth uniform standards and
procedures for adjusting the boundaries of municipalities through annexation or
contraction of corporate limits within the State of Florida; and
WHEREAS, the methods and procedures for annexations set forth in Chapter
171, Florida Statutes, have a lengthy legislative history and body of case law to guide
municipalities and property owners in moving forward through the annexation process;
and
WHEREAS, Section 171.044, Florida Statutes Voluntary annexation", provides
a streamlined process for the annexation of property where upon the consent of one
hundred percent (100%) of the owners of real property, of unincorporated areas of a
county which is contiguous to a municipality and reasonably compact may be annexed
to the municipality with the consent of the municipality; and
WHEREAS, the Board of County Commissioners of Brevard County is scheduled
to consider an attempt to amend the Brevard County Charter to authorize the Brevard
County Commission to pass an ordinance providing for an exclusive method for
"voluntary annexation"; and
WHEREAS, the proposed action of the County Commission will impair the rights
of property owners to petition and develop their properties within municipalities to
obtain higher level municipal services such as police and fire; and
WHEREAS, The Board of County Commissioners of Brevard County does not
have water and sewer services available to many sections throughout Brevard County
contiguous to municipalities; and
WHEREAS, the Board of County Commissioners of Brevard County has failed to
initiate efforts to jointly plan contiguous areas adjacent to municipalities; and
WHEREAS, the Brevard County Growth Management Committee was
established as recommended by the County Charter Review Commission to address
County and interlocal growth related issues; and
WHEREAS, Brevard County and the municipalities within it currently have an
interlocal planning process, which is beneficial to all and provides for coordination and
communication of annexation issues, with three municipalities having executed Joint
Planning Agreements and others finalizing negotiations.
Resolution No. 2005-07
Page 2 of 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida as follows:
SECTION 1. The City of Cape Canaveral opposes Brevard County Council
action to impose additional requirements on voluntary annexations.
SECTION 2. The City of Cape Canaveral supports the continuance of
cooperative negotiations for Joint Planning Agreements to the benefit of all the citizens
within Brevard County.
SECTION 3. This resolution shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 1 st
day of March, 2005.
Rocky Randels, MAYOR
ATTEST:
Susan Stills, CITY CLERK Steve Miller
Jim Morgan
Buzz Petsos
APPROVED AS TO FORM:
Rocky Randels
Anthony Garganese, CITY ATTORNEY
FOR AGAINST
Meeting Type: Regular
Meeting Date 03-01-05
AGENDA
Heading
Discussion
Item
7
No.
issue.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: DISCUSSION: AMENDING CHAPTER 110, GRANTING THE CITY COUNCIL FINAL
DECISION-MAKING AUTHORITY REGARDING SITE PLAN APPLICATIONS
DEPT./DIVISION: LEGISLATIVE
Requested Action:
City Council review and comment on this proposed code amendment that will grant the City Council final decision-
making authority regarding site plan applications.
Summary Explanation & Background:
This is a draft ordinance based on discussion at the February 1, 2005 City Council meeting.
The next step in the code amendment process is to have the Planning & Zoning Board review and comment on this
issue.
Please advise.
Exhibits Attached:
Ordinance; City Attorney's letter dated 2-16-05
City Manaus Office �.,
Department LEGISLATIVE
-nt\kim y admin\cdmeeting\2005\03-01-05\siteplan
DRAFT (2-16-05)
ORDINANCE NO. -2005
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 110 OF THE CODE OF
ORDINANCES, ZONING; AMENDING THE PROCEDURE
BY WHICH SITE PLANS ARE REVIEWED AND
APPROVED; GRANTING THE CITY COUNCIL FINAL
DECISION-MAHING AUTHORITY REGARDING SITE PLAN
APPLICATIONS; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
INCORPORATION INTO THE CODE; SEVERABILITY; AND
AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, pursuant to the Cape Canaveral City Code, the Planning and Zoning Board
currently reviews all site plans for final approval; and
WHEREAS, the City Council, as the City's elected body, desires to be held accountable to
the citizens of the City of Cape Canaveral with regard to final approval of development projects
within the City; and
WHEREAS, the City Council believes that amending the City Code so that the Planning and
Zoning Board reviews and makes recommendations for approval or denial of proposed site plans to
the City Council, while the Council maintains the final approval authority over any proposed site
plan, would ensure that the Council remains responsible to the citizens with respect to their desires
regarding development within the City; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape
City of Cape Canaveral
Ordinance No. _-2005
Page 1 of 5
DRAFT (2-16-05)
Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeout
type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text
existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set
forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this
Ordinance):
CHAPTER 110. ZONING
ARTICLE VI. SITE PLANS
Sec. 110-223. Review procedures.
(f) All plans shall be made available to the planning and zoning board for its review and
recommendation to the city council. M! site pfans required under this articie shall be
reviewed fbr approvai by the plam-ting and zoning The building official shall prepare
a site plan checklist to be submitted to the planning and zoning board when a site plan is
reviewed.
(g) The planning and zoning board, following public hearing and review of any
submitted site plan, shall make a written recommendation to the city council recommending
approval, approval with conditions, or denial of may approve, approve with conditions,
deny -the application based upon the site plan 's compliance with the city's Code and
comprehensive plan. Such recommendation shall include the reasons for the board's
recommendation and show the board has considered the applicable site plan criteria set forth
in this Article. M! decisions of the planning and zoning board are final, stibject to the ri&
of appeal to the city comicil provided below.
(ham Upon receipt of the planning, and zoning board's recommendation, and following
public hearing and review of the submitted site plan, the city council shall make a final
decision on the application. If the city council determines that the planning and zoning board
has not made a recommendation on an application within a reasonable period of time, the citx
council may, at its discretion, consider an application without the planning and zoning
board's recommendation. Any decision of the city council is final and subject to judicial
review.
(iii) If the city council plamiing and zoning board elects to grant conditional approval of
City of Cape Canaveral
Ordinance No. _-2005
Page 2 of 5
DRAFT (2-16-05)
a site plan subject to any conditions or contingencies, the applicant shall have 90 days from
the date of conditional site plan approval to satisfy any such conditions and/or contingencies.
If all conditions and/or contingencies are satisfied, the final site plan approval date shall be
either the expiration of the 90 -day period; or the date the building official certifies by
notation on all city site plan copies, that all conditions and/or contingencies are satisfied,
whichever first occurs. If the conditions and/or contingencies are not satisfied before the
expiration of the 90 -day period the conditional approval shall be automatically withdrawn
and the application shall stand as denied. The 90 -day compliance period may be extended
at the discretion of the city councilplaruffin mid zoning board, upon written request of the
applicant prior to the expiration of the 90 -day compliance period, and where the applicant
demonstrates unusual circumstances or undue hardship.
(fir) The planning and zoning board and city council shall have no authority to consider
a proposed site plan unless:
(1) The applicant has adequately and completely addressed all items on the site
plan checklist prepared by the building official; and
(2) The applicant has otherwise complied with all matters contemplated under
this section.
At any meeting held for that purpose, the planning and zoning board or city council shall
table and reschedule any site plan scheduled for consideration which is determined by the building
official not to have complied with all of the requirements of this section. A finding by the building
official that a site plan is ready for consideration by the planning and zoning board or cfty council
shall not be construed as binding the board or council to approve the site plan.
(lcj) Following a public hearing on any application for site plan approval [before] the ci
council plarniin mid zoning board the ci1y clerk boatd'ssecretary shall send to the applicant,
by certified mail, return receipt requested, written notice of the action taken and the right to
judicial review an appeal, as provided below.
City of Cape Canaveral
Ordinance No. _-2005
Page 3 of 5
plyr.lagua"u.
• • • my
PURI
City of Cape Canaveral
Ordinance No. _-2005
Page 3 of 5
DRAFT (2-16-05)
TAIL"41 L". :...91 IMAIM I loGrAlin ojr.N Bar,..
It ItWM
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
.2005.
ROCKY RANDELS, Mayor
City of Cape Canaveral
Ordinance No. _-2005
Page 4 of 5
moot-wllololo:..
TAIL"41 L". :...91 IMAIM I loGrAlin ojr.N Bar,..
It ItWM
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
.2005.
ROCKY RANDELS, Mayor
City of Cape Canaveral
Ordinance No. _-2005
Page 4 of 5
ATTEST:
DRAFT (2-16-05)
For Against
Bob Hoog
Jim Morgan
Rocky Randels
SUSAN STILLS, City Clerk Buzz Petsos
Steve Miller
First Reading:
Legal Ad published:
Second Reading:
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. _-2005
Page 5 of 5
BROWN, GARGANESE, WEISS & UAGRESTA, P.A.
Attorneys at Law
Usher L. Brown • Offices in Orlando, Kissimmee, Debra S. Babb-Nutcher°
Jeffrey P. Buak° Cocoa & Viera Joseph E. Blitch
Suzanne D'Agresta° Victoria L. Cecil
Anthony A. Garganese° Lisa M. Fletcher
John H. Ward' Amy J. Goddard
Jeffrey S. Weiss Katherine Latorre
*Board Certified Civil Trial Lawyer
'Board Certified City, County & Local Government Law
February 16, 2005
Bennett Boucher, City Manager
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920
Dear Bennett:
Erin J. O'Leary
J. W. Taylor
Of Counsel
Please find attached to this email, a draft ordinance amending the City's process
for site plan approval. Specifically, Chapter 110, Article VI., regarding site plans, has been
amended to provide the City Council the final decision-making authority to approve or deny
site plan applications. Also pursuant to these amendments, the Planning and Zoning
Board will now act in an advisory capacity with regard to site plan review.
Please feel free to contact my office with any questions or comments regarding this
matter. If the ordinance meets with your initial approval, please place consideration of the
same on the next City Council agenda for discussion.
Sincerely,
Kate Latorre
Assistant City Attorney
/kwl
Enclosure
225 East Robinson Street, Suite 660 • P.O. Box 2873 •Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596 - Kissimmee (321) 402-0144 • Cocoa & Viera (866) 425-9566
Website: www.orlandolaw.net • Email: firm@oriandolaw.net
Meeting Type: Regular
Meeting Date: 03-01-05
AGENDA
Heading
City Manager's Report
Item
Advisory Board will work to resolve any further issues with the peacocks.
No.
Proposed plan; minutes of the 02-16-05 peacock committee
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CITY MANAGER'S REPORT: PEACOCK MANAGEMENT PLAN
DEPT./DIVISION: CITY MANAGER
Requested Action:
City Council review and comment on the Peacock Management Plan.
Summary Explanation & Background:
A committee formed by the city manager developed the management plan, and they believe that a standing Peacock
Advisory Board will work to resolve any further issues with the peacocks.
Exhibits Attached:
Proposed plan; minutes of the 02-16-05 peacock committee
City Mana Mice
_ s
Department CITY MANAGER'S OFFICE
cape im\my6!!c enj in\counC*I-\meeting\2UUS\o3-U1-U5\peacocx.aoc
City of Cape Canaveral — Peacock Management Plan
1. Form a standing peacock advisory board.
2. Appoint (5) regular members and (2) alternate members.
3. Board to meet on a quarterly or as needed basis to evaluate peacock
population and citizen complaints and make recommendations to
the City Manager.
4. Board to develop rules and procedures and maintain the peacock
management plan.
5. Board to establish guidelines for the adoption of peacocks due to
over population.
6. Board to work on a peacock public education plan.
02-17-05
PEACOCK MANAGEMENT COMMITTEE
NAME
ADDRESS
E-MAIL
Helen Filkins
360 Harbor Drive
hfilk al.aol.com
Robin Mechell
233 Harbor Drive
rmechell cfl.rr.com
A. Lucille Mol
379 Harbor Drive
AMOL626121-@aol.com
The third meeting of the Peacock Management Committee was held on Wednesday, February 16,
2005 in the office of the city manager.
The committee reviewed the City of Cape Canaveral — Peacock Management Plan prepared by
City Manager Bennett Boucher as follows:
(1) Form a standing peacock advisory board.
The city manager will request that City Council create this board by formal
ordinance or by resolution.
(2) Appoint (5) regular members and (2) alternate members.
(3) Board to meet on a quarterly or as needed basis to evaluate peacock population and
citizen complaints and make recommendations to the city manager.
(4) Board to develop rules and procedures and maintain the peacock management plan.
The city manager stressed the importance of the committee developing guidelines
on dealing with complaints; the city needs to respond with various methods of
how to discourage peacocks from being on property of individuals who do not
want them. The City will continue to take anonymous calls. He stressed the
importance of the board keeping an eye on the peacock population.
(5) Board to establish guidelines for the adoption of peacocks due to over population.
(6) Board to work on a peacock public education plan.
The city manager stressed the importance of this item. He reiterated that every time the
media does stories on the peacocks, some birds come up missing. People assume it is
"open season ".
Ms. Mol recommended a "Living with Peacocks as your Neighbors" column in the Hometown
News to raise public awareness and offer solutions. She said there is some type of paint that can
be used to discourage the birds from coming onto your property.
Ms. Filkins brought up the issue of neutering some of the peacocks; has this ever been done? The
city manager responded that the city could contact peacock farmers for their advice.
Ms. Mechell suggested the possibility of adopting out the eggs and suggested that the City ask
potential adopters if they would be willing to take eggs.
02-17-05
The city manager requested that members e-mail ideas/recommendations to Kim at mcintire-
cape@cf 1.r.com as she will be the point of contact at the City.
In conclusion, the city manager advised members that he would submit the Peacock Management
Plan to City Council with the recommendation that (1) the current peacock NOT be thinned at
this time and (2) the City revisit the issue after mating season.
The next meeting of the Peacock Management Committee was scheduled for Wednesday,
February 16`b at 5:15 pm. Members will prepare a recommendation to be placed on the March 1"
City Council agenda.