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Home My WebLink AboutPacket 05-16-2006 RegularCITY OF CAPE CANAVERAL City of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY May 16, 2006 7:00 PM AGENDA CALL TO ORDER. PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATION: Spring Single - Family Beautification Award CONSENT AGENDA- 1 . City Council Regular Meeting Minutes of May 2, 2006. 2. Proclamation for Management Week. CONSIDERATIONS: 3. Motion to Approve: Bid No. 06 -02 Lift Station No. 1, Sewer Force Main Replacement, in the Amount of $797,000 to Maxwell Contracting Inc. 4. Motion to Approve: Grant Agreement with the Florida Department of Environmental Protection in the Amount of $314,770. ORDINANCES: First Reading: 5. Motion to Approve: Ordinance No. 07 -2006; Amending Chapter 98, Subdivisions, Article 11. Plats, Division 3. Preliminary Plat; Clarifying the Role of the Planning & Zoning Board Regarding Preliminary Plat Approval; Providing for the City Council to Make Final Decisions Regarding the Approval or Disapproval of Preliminary Plats, at First Reading. 6. Motion to Approve: Ordinance No. 08 -2006; Amending Chapter 26, Elections; Changing the Qualifying Period for Candidates and Write -In Candidates for the Offices of the Mayor and City Council to be Consistent 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920 -0326 Telephone: (321) 868 -1220 • SUNCOM: 982 -1220 • FAX: (321) 868 -1248 www.myflorida.com /cape • e -mail: ccapecanaveral@cfl.rr.com City of Cape Canaveral, Florida City Council Regular Meeting May 16, 2006 Page 2 of 2 with the Requirements of the Brevard County Supervisor of Elections, at First Reading. SITE PLAN: 7. Motion to Approve: Public Works Maintenance Building. 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, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868 -1221) 48 hours in advance of the meeting. TO: Bennett Boucher, City Manager Prom: Ed Gardulski, Public Works Directo Date: May 3, 2006 Re: Agenda item for May 16, Council Meeting, Spring Single - Family Beautification Award Presentation The Beautification Board will vote at their 5/9 meeting and select a winner for the Spring Single- Family Beautification Award. The nominations are: 604 Manatee Bay Drive 606 Manatee Bay Drive 389 Coral Drive A Board Member will present the award to the winner. Please place this item on the May 16, 2006 City Council Meeting Agenda. EG /ch • Page 1 2006 Spring Single Family Beautification Award Nominations As of 5/2/06 Winner to be selected at 5/9/06 Board Meeti 604 Manatee Bay Drive 606 Manatee Bay Drive 389 Coral Drive CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY May 2, 2006 7:00 PM MINUTES CALL TO ORDER: The Chair called the meeting to order at 7:00 P.M. PLEDGE OF ALLEGIANCE. ROLL CALL: Council Members Present: Mayor Pro Tern Council Member Council Member Council Member Mayor Others Present: City City City City Buili City Manager Attorney Clerk Treasurer ling Official Planner PRESENTATION: Bob Hoog Jim Morgan Leo Nicholas Buzz Petsos Rocky Randels Bennett Boucher Anthony Garganese Susan Stills Andrea Bowers Todd Morley Todd Peetz Ridgewood Avenue Streetscape — Brad Smith Assoc., Inc. Mayor Randels introduced Mr. Brad Smith of Brad Smith Associates, Inc. and Mr. Don Soderblom of Greenblades of Central Florida, Inc. He stated that the firm received the design contract as of February 7th. The firm is presenting a conceptual design. Mr. Smith informed that two public involvement sessions are planned for May 16th at the Public Library from 3:00 to 4:30 P.M. and again from 6:30 to 8:00 P.M. During the presentation: • Mr. Smith pointed out the damage to the existing curb inlets. • Mr. Smith noted that some underground improvements would occur. • He stated that bicycle and pedestrian access are included in the project. • He informed that milling and resurfacing would occur specifically at crosswalks. City of Cape Canaveral, Florida City Council Regular Meeting May 2, 2006 Page 2 of 9 • Mr. Smith noted the possible lighting fixtures and plant materials. • He also pointed out the traffic problems in having a median in the middle of the road. Mr. Smith referred to the storyboards to point out the intended bike route on the west side of the road and also how planting would occur in an alternating fashion on the roadway. Mr. Smith stated that the Public Meetings would review the Power Point presentation and the storyboards. The public could provide comments with post -it notes on sections of the storyboard. Mr. Smith informed that the Power Point presentation would also be available in storyboard fashion for the public to make their vote with colored stickers on the slides of choice. He informed that the Florida Department of Transportation design criteria required a non - mountable, or type "F" curb. However, the Council did not need to adhere to FDOT standards. The firm adhered to the local code and line of sight. Mr. Smith noted that some parking now occurs within the existing right -of -way. He stated that the firm would work with staff on any identified issues. Mayor Randels commented on a median that would deter entrance to a residence. Mr. Morgan expressed concern with fire protection and requested the Fire Chief's input. Mr. Petsos expressed favor with the meandering landscape. Council concurred with the bicycle path on the west side and the pedestrian walkway on the east side. Mr. Morgan noted that the items presented in the workshop were favorably applied. Mayor Pro Tern Hoog questioned parking capabilities if people are no longer able to parkin certain areas. Mr. Boucher replied that staff and the firm would work with those impacted for reasonable project application. Discussion brought out that tree growth is a concern in light of the utility poles. Mayor Randels pointed out a footprint for bike trails. Mr. Morgan stated that there are no existing curbs except at the intersections. Mr. Smith stated that mountable curbs exist. Mr. Smith informed that after the Public Hearing process, Stottler, Stagg and Associates, City Engineers will review the City infrastructure relative to the project as Phase II of the project. Mr. Smith informed that substantial curbs were needed to withstand impact from heavy vehicles. Mr. Petsos questioned the Florida Department of Transportation standards. Mr. Smith replied that his firm would comply with the more stringent standards if the Council desired. He would also comply with the full twalane traffic. Mayor Randels announced that two meetings would be held on May 16th, at 3:00 P.M. and at 6:30 P.M. Mayor Randels reported that funding was available through mitigation from a developer and also funds from the County for asphalt. He informed that the project results would be ready by July 18th. Mr. Morgan asked if there were a price differential on the stamped asphalt. Mr. Smith replied that the firm would return with probable construction costs on July 18th. A resident informed the Council that stamped asphalt in Merritt Park place requires more maintenance. Mr. Soderblom explained that once per year a thorough cleaning would occur and preventative coating applied. Mr. Nicholas asked for the start and completion time line. Mr. Soderblom replied that after presenting the results on July 18th, the following City of Cape Canaveral, Florida City Council Regular Meeting May 2, 2006 Page 3 of 9 steps will be to obtain a detailed road survey and the engineering review. He approximated that work should begin in the spring of 2007. Mr. Boucher replied to Mr. Nicholas that he is working with Harriet Raymond for an Interlocal Agreement. Mr. Nicholas informed that the State transferred Ridgewood Avenue, North Atlantic Avenue and Central Blvd, to the County for repair and maintenance. The City has since petitioned the County to regain control of the roads; however, contingent upon the county performing some needed road repairs. Mr. Smith closed his presentation and distributed handouts to the Council. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of April 18, 2006. 2. Proclamation for Municipal Clerks Week. 3. Proclamation for National Public Works Week. Mayor Randels asked if Council, staff or any interested party desired to remove any of the items for discussion. No request was made to remove any of the items for discussion. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Morgan to Approve Consent Agenda Items No. 1 through 3. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Morgan, For; Mr. Nicholas, For, Mr. Petsos, For and Mayor Randels, For. CONSIDERATIONS. 4. Motion to Approve: Quarterly Treasurer's Report and Budget Transfers for the Period Ending March 31, 2006. Ms. Bowers stated that adjustments were made to construction related revenues and Investigative Fees decreased considerably. She explained that no changes went against Reserve Funds; however, funds were used for street lighting installation at the Recreation Complex that was a previous year appropriation. Any new Operating Expenditures were used from Contingency and the adjustment that was made in the revenues was from a Contingency Fund established for the Police Department property purchase. Mayor Randels explained that when the State Attorney prosecutes for City code violations, violators were fined $246.00; however, if the fine is paid the City receives $15.00 and the State Attorney receives $100.00 for prosecution. Ms. Bowers also reminded of the Law Enforcement costs. Mr. Petsos asked if the City could opt into the County's open container law and to let them prosecute the offense. Ms. Bowers said that the violations were strictly City laws. Attorney Garganese explained that if the law were adopted as a countywide ordinance then State Attorney could prosecute it as such. Ms. Bowers replied City of Cape Canaveral, Florida City Council Regular Meeting May 2, 2006 Page 4 of 9 to Mayor Randels question that animal control violations are prosecuted under General Government Ad Valorem taxes. Ms. Bowers informed that a new line item was established for the Manatee Sanctuary Park Drainage Improvement Project. A motion was made by Mr. Morgan and seconded by Mr. Petsos to Approve the Quarterly Treasurer's Report and Budget Transfers for the Period Ending March 31, 2006. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tom Hoog, For; Mr. Morgan, For; Mr. Nicholas, For, Mr. Petsos, For and Mayor Randels, For. 5. Motion to Approve: Request for State and Federal Transportation Project Funding. Mayor Randels explained that each year Council comprises a list of items related to road improvements. He read the (7) items as follows: 1) SR A1A and International Drive, reconfigure alignment of the intersection, 2) SR A1A and Columbia Drive, construct a pedestrian overpass, 3) SR A1A and Columbia Drive, help to make this intersection safe for vehicles and pedestrians, 4) Install overhead boom /mast arm signals at (4) locations, 5) improve the street lighting on SR A1A, 6) Synchronize the traffic lights and 7) Design and construct an urban roadway profile for SR A1A. Mr. Nicholas suggested reprioritizing the traffic light synchronization in order to improve traffic flow. Mr. Petsos reminded that costs were relative to item priority. Mayor Pro Tom Hoog asked if the MPO could address the traffic light at SR Al and Central Blvd, Mr. Boucher informed that the City offered to pay for the light; however was rejected. The State Office responded that it would address imposing traffic problems. He replied to Mr. Petsos that he would bring this issue of the shared seat between Cape Canaveral and Cocoa Beach to the next Metropolitan Planning Organization meeting. Mayor Randels concluded that the City would submit the list as presented. Ms. Shannon Roberts asked if the Business and Cultural Development Board survey would influence the list. She also asked if bus shelters would be included. Mayor Randels replied that funding was available from Space Coast Area Transit for six covered bus shelters. A motion was made by Mr. Petsos and seconded by Mayor Pro Tom Hoog to Approve a Request for State and Federal Transportation Project Funding to the Brevard Metropolitan Planning Organization. The vote on the motion carried &0 with voting as follows: Mayor Pro Tom Hoog, For; Mr. Morgan, For; Mr. Nicholas, For, Mr. Petsos, For and Mayor Randels, For. 6. Motion to Approve: Authorization to Advertise Request for Proposals (RFP) for Architectural Services — City Hall/Police Campus Design. Mr. Boucher informed that the City was unsuccessful in securing the property on North Atlantic Avenue for a police facility. He informed that the Fire Chief attended a Public Safety facilities seminar and shared information to draft a Request for Proposal. Council members replied to Mayor Randels that no further discussion was needed on the Stottler, City of Cape Canaveral, Florida City Council Regular Meeting May 2, 2006 Page 5 of 9 Stagg building. Mr. Boucher replied to Mr. Nicholas that an outside firm and not the City Engineers would draft the Request for Proposal. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve the Authorization to Advertise Request for Proposals (RFP) for Architectural Services. The vote on the motion carried S-0 with voting as follows. Mayor Pro Tom Hoog, For; Mr. Morgan, For; Mr. Nicholas, For, Mr. Petsos, For and Mayor Randels, For, SITE PLAN: 7. Motion to Approve: Atlantic Animal Clinic, Allen Engineering, Applicant Mr, Todd Peetz informed the current clinic is located on the comer between Polk and Tyler Avenues. He noted inconsistencies to the code on two 36 -inch oak trees that were in question for removal and the potential loss of one parking space. He stated that only the City Council could approve the special waiver. Mr. John Allen of Allen Engineering informed that subsequent to a survey he noted a change in one tree measurement from 24- inches to 19- inches in diameter. Mayor Randels explained that the new building is for vacant land between Tyler and Harrison Avenues. Mayor Randels explained that meandering through the property provided for tree preservation. Mr. Morgan and Mr. Petsos concurred in favor of the project. Mayor Pro Tem Hoog asked if the stormwater question was answered. Mayor Randels referenced an update on April 4 t There was no audience input. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve the Atlantic Animal Clinic Site Plan. The vote on the motion carried 6-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Nicholas, For, Mr. Petsos, For and Mayor Randels, For, DISCUSSION: 8. City Council Seat Vacancy, Mayor Randels announced that Council Member Jim Morgan submitted his resignation effective May 30, 2006. He read the City Code requirements to appoint a successor within (30) days from the existing vacancy to complete the term until the next General Election at which time a one -year appointment would complete the remainder of the original term. Mayor Randels informed that the City would publish a notice and if any person were interested in serving on the Council they would submit a resume. Attorney Garganese explained that City Council could not fill the seat until the vacancy became effective. Council agreed to accept applications for the vacant City Council seat until June 1st for review at the next scheduled meeting on Tuesday, June 6th. City of Cape Canaveral, Florida City Council Regular Meeting May 2, 2006 Page 6 of 9 98 Cape Canaveral Community Survey 2006. Dr. James Wright of the University of Central Florida [UCF] addressed Council and explained that a signed agreement between the City and University of Central Florida Student Government. The University Board agreed to the methodology. The two concerns are: 1) who would be the respondents and 2) what questions would be asked. Mr. Boucher informed that part of the survey is a web -based version and Dr. Wright's students would receive a formalized script for the telephone survey. Dr. Wright replied to Mr. Morgan that the survey would focus on residents in light of what businesses they would desire to see or not see in the area. He preferred to have registered voters respond. Mr. Petsos replied that the Pharmacy community preferred to have the general populace response. Mayor Pro Tem Hoog agreed with a general public response and he did not see the need for rent versus home ownership or income questions. Dr. Wright stated that any questions removed might create the need for additional questions. Mr. Nicholas asked about the statistical basis for the number of respondents. Dr. Wright replied that to be with the nearest plus or minus 5 percentage points was closest to a precise answer from the sample size of 400. Council requested to remove the ethnicity question. Discussion followed on the types of questions to include. Mr. Russell informed that Census data is most near accurate. Dr. Wright replied that the 2000 census results might have changed some data aspects. Mr. Craig Smith stated that this is a quality of life survey. Ms. Shannon Roberts noted that a survey during this time of year is not inclusive of the City's seasonal population. Mr. Smith informed that the web site could collect any missed respondents. Dr. Wright expressed his thanks to the Council and the Business and Cultural Development Board for the opportunity. REPORTS: 1. City Manager • Mr. Boucher informed that the City received one bid for Continuing Concrete Services at a price of $797,000. He would review this with the City Treasurer for available funding. Council questioned the high bid cost. Mr. Boucher informed of the expense of directional drilling under a State road. • Mr. Boucher reported that the grant paperwork for the north central drainage canal project is in progress. He anticipates funding for the south canal next year. • Mr. Boucher reported that the Cart system went online as of May 1. He noted some of the problem areas and stated that Waste Management was working diligently to address any problems. • Mr. Boucher reported that he has a meeting with the County on May 10th on the intersection improvements for North Atlantic Avenue and West Central Blvd. He informed that the mast arms would be painted black. • Mr. Boucher reported that he has an upcoming Brevard Metropolitan Planning Organization meeting for north turn lane project. • Mr. Boucher reported on the successful Customer Service Training for staff. City of Cape Canaveral, Florida City Council Regular Meeting May 2, 2006 Page 7 of 9 2. Staff Building Official • Mr. Morley suggested an article for the Hometown News to report that the City is sponsoring the survey. • Mr. Morley announced that Country Inns and Suites will have their lights out inspection in the coming week. They are seeking a steak house for their out parcel. Stormwater Administrator • No report. City Treasurer • No report. City Clerk • Ms. Stills informed of the time to prepare for a halfAay Visioning Session with the Council and staff. The Clerk's office would contact Council members to schedule the day and time. City Attorney • No report. AUDIENCE TO BE HEARD. • Mr. Glen Petit addressed the Council on behalf of the Treasure Island Club. He referred to the last above ground lift station. He explained that this created an attractive nuisance for young children. Mr. Petit explained that the Public Works Department secured the area; however, the problem is ongoing. He requested to have this item placed on the next agenda for further discussion with the intent of installing an underground unit. Mr. Boucher replied that the Lift Station was budgeted to become a submersible system. • Mr. Petit stated that to the property south of the Treasure Island Club is City owned and is used as a dumping site. The property is infiltrated with Brazilian pepper trees and he asked if the City would clean up this property. Mr. Boucher responded that this could be done. • Mr. Craig Stewart pointed out that a survey question should ask what type of businesses residents would like to see less of in the City. Mayor Randels clarified for the audience that the Lido Cabaret and the two Fireworks Retail stores are not in Cape Canaveral. Mr. Petsos informed that there is such a question on Page One. Mr. Ed Ciecirski asked how someone would know which properties are within the City limits. City of Cape Canaveral, Florida City Council Regular Meeting May 2, 2006 Page 8 of 9 3. City Council Council Member Nicholas • Mr. Nicholas commended Fine Chief Dave Sargeant for his foresight in purchasing the ladder truck in light of a recent fire in Cocoa Beach. He noted that Cape Canaveral was also one of the first City's to attain the Advanced Life Support system. Council Member Petsos • Mr. Petsos asked if any letter was forwarded regarding the software to track County fiscal accountability. City Manager will draft a letter. Mr. Boucher informed that the County planned to include the Emergency Management Services assessment into its General Fund. • Mr. Petsos expressed his appreciation for the City Recreation Director's letter to the County's Parks and Recreation Director for $30,000 for the playground. • Mr. Petsos reported that the Planning Board and the Zoning Board of Adjustment approved the Cocoa Beach High School Performing Arts Center. The plan would proceed to the City Commission for a full five vote approval. • Mr. Petsos asked for discussion for a definition of diseased trees. Council Member Morgan No report. Mayor Pro Tern Hoog • Mayor Pro Tern Hoog asked about the turning lane light for North Atlantic Avenue. • Mayor Pro Tern Hoog asked about the sidewalk in front of the Radisson Resort, Mr. Morley replied that the Florida Department of Transportation did not approve the elevation. • Mayor Pro Tern Hoog brought out the issue of affordable housing. He suggested that the Planning and Zoning Board create an area for affordable housing. Ms. Cathy Reakes related that in order to gain affordable housing on the beachside she was told that density would need to increase. Mr. Morgan replied that a density increase required a referendum. Ms. Judy Lau replied that Brevard Workforce Development is presenting a report on affordable housing however the definition of affordable housing is 30 percent of one's income limit. She explained that the income level of the retail workforce was not able to sustain housing in the City. Ms. Bea McNeely informed that there was a report on high hazard coastal areas and the findings were to lower the density along the coast. She also informed that the Florida Department of Community Affairs directed to place affordable housing in the Comprehensive Plan. City of Cape Canaveral, Florida City Council Regular Meeting May 2, 2006 Page 9 of 9 Mayor Randels • Mayor Randels reported on the success of the Arbor Day ceremony. • Mayor Randels reported that the Disney Cruise Line adopted the road along Cherie Down Lane to Jetty Park for litter control. • Mayor Randels informed that the City presented Ms. Anna Kelly with a Key to the City that she displays along with a family photograph. • Mayor Randels announced that he invited Charlie Chris to speak on the Sexual Predator ordinance. • Mayor Randels announced that Brevard County recognized the City for its participation with the Brevard Commission on Aging. • Mayor Randels reported that he would return to another session on the Cocoa Beach Community Center. He reported from a news article that the Cape Canaveral City Council was not interested in using City funds to support a center in Cocoa Beach. ADJOURNMENT. There being no further business, the Chair adjourned the meeting at 9:50 P.M. Rocky Randels, MAYOR Susan Stills, CITY CLERK WHEREAS, the National Management Association is a professional, non- profit association dedicated to improve the quality and promote unity in management by education and fellowship of almost 22,000 members; and WHEREAS, the members of this association in the state of Florida desire to perform a public service by officially recognizing management as a profession; and WHEREAS, during June 5 - 10, 2006, Florida's 8 chapters with over 1,500 members will join management in our society and encourage the promotion of our American competitive enterprise system. NOW THEREFORE, 1, Rocky Randels, by virtue of the authority vested in me as Mayor, of the City of Cape Canaveral, Brevard County, Florida do hereby proclaim June 5 - 10, 2006 MANAGEMENT WEEK in the City of Cape Canaveral and urge all concerned residents, industries, businesses and professional bodies to actively and appropriately participate in its observance. Meeting Type: Regular Meeting Date: 05 -16 -06 AGENDA REPORT AGENDA Heading Considerations Item No. 3 CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: BID NO. 06 -02, LIFT STATION #1, SEWER FORCE MAIN REPLACEMENT DEPT/DIVISION: PUBLIC WORKS/WWTP Requested Action: City Council review and consider Bid No, 06 -02, Lift Station #l, force main replacement in the amount of $797,000 to Maxwell Contracting Inc., the sole bidder. Summary Explanation & Background: The public works director is recommending that Bid No. 06 -02 be rejected and to re -bid the project in the 2006/07 budget year. I support the recommendation to re -bid next year. Exhibits Attached: Public works director's memo; copy of bid City Mana 's Office Department PUBLIC WORKS /WWTP c kim \myd cIIment in \council I'll eting \2006 \05- 18- 06 \06- 02.d0c MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE. May 4, 2006 SUBJECT: City Council Agenda Item for May 16th 2006 Bid Award 06 -02 Lift Station 1 Force Main Replacement. On April 8th 2006, the City of Cape Canaveral advertised for Bids for the Replacement of Lift Station 1 Force Main. A Pre -Bid meeting was held on March 29th at 10:00 A.M. at the City Hall Annex. Bids were received by the City Clerk of the City of Cape Canaveral until 2:00 P.M. April 27th, 2006. Bid opening began promptly at 2:15 P.M. in the City Hall Annex on April 27th. The City received one (1) Bidders for the project. The low bid is Maxwell Contracting, Inc. Attached is a copy of the Bid amount of $797,000 from the only bidder. Brown and Caldwell reviewed the Bid documentation. Staff conducted a reference check of Maxwell Contracting, Inc. The qualifications of the low bidder Maxwell Contracting, Inc were found to be acceptable. However, after careful consideration it is the recommendation of the Public Works Department to reject the Bid and to re -bid next budget year when additional funds are available. Recommend rejecting the Bid 06 -02 from Maxwell Contracting, Inc, appropriating the necessary funds next budget year and re- bidding the project. Attachment CC: File The City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 SECTION 00300 :u Date: April 27, 2006 The undersigned, as bidder, declares that we have received and examined the project manual entitled Wastewater Lift Station 1 Force Main Replacement and will contract with the Owner, on the form of agreement provided herewith, to do everything required for the fulfillment of the contract for the construction of the Wastewater Lift Station 1 Force Main Replacement at the prices and on the terms and conditions herein contained. We agree that the contract documents include Parts A, B and C of this project manual as well as the referenced federal, state and local agency requirements. We agree that the following shall form a part of this bid: Section Title 00300 Bid 00310 Bidding Schedule 00410 Bid Guaranty Bond 00423 Certification of Bidder's Experience and Qualifications 00430 Proposed Subcontractors 00450 Schedule of Manufacturers and Suppliers, Major Equipment and Material Items Attached is a bid guaranty bond duly completed by a guaranty company authorized to carry on business in the State of Florida in the amount of at least ten (10) percent of the total amount of our bid, or alternatively, there is attached a certified or cashier's check payable to the Owner in the amount of at least ten (10) percent of the total amount of our bid. If our bid is accepted, we agree to sign the agreement without qualifications and to fumish the performance and payment bonds and the required evidences of insurance within 10 calendar days after receiving written notice of the award of the contract. We further agree, if our bid is accepted and a contract for performance of the work is entered into with the Owner, to so plan work and to prosecute it with such diligence that the work shall be completed within the time stipulated. 1'1 f 1 City of Cape Canaveral Y712006 Wastewater lift Station 1 Force Main Replacement P' G Cape CanaveraAl once Main ReplacemeatlSpecs0v 0=300.doc The bidder declares that the Contractor's license number and representations made therein are made under penalty of perjury under the Florida. Maxwell Contracting, Inc. Name of Bidder CGCA44529 / CUCA53966 Contractor's License No. August 31, 2006 License Expirat* < << Brvan Lee axwel President Title of Signatory expiration date and laws of the State of ��`�" P.O. Box 1998; Cocoa, FL 32923 -1998 Witness Address of Bidder Secretary/Treasurer Title of Witness Florida State of Incorporation * *END OF SECTION ** 00300 -2 City of Cape Canaveral 3n12006 Wastewater Uft Station I Force Main Replacement P:1Gwn Cape CanaverallForce Main Replacement%Specs\Div 0W0300.doc SECTION 00310 BIDDING SCHEDULE ITEM A: Item A includes the work associated with the construction of the wastewater treatment system improvements. This work generally includes the new 12" PVC/HDPE forcemain, including the required fittings and appurtances. The forcemain will run approximately 4,050 ft from an existing forcemain on Thurm Boulevard to Lift Station No. 1 located at the intersection of Washington Ave and Magnolia Ave. Construction of the forcemain will require a directionally - drilled river crossing and jack- and -bored crossing of US Highway AlA. For the construction of the Wastewater Lift Station 1 Force Main Replacement Project Project, comprising the items shown and/or specified, the lump sum of: 0 SEVEN HUNDRED NINETY FIVE THOUSAND & NO /100 Dollars (in words) (in numbers) ITEM B: Provision of the sheeting, shoring, bracing and other excavation supports required by the Trench Safety Act, the lump sum of. TWO THOUSAND & NO /100 TOTAL CONTRACT PRICE (sum of Items A and B): dollars ($ 2,000.00 l $ 797,000.00 * *END OF SECTION ** 00310 -1 City of Cape Canaveral 317/2006 Wastewater Lift Station 1 Force Main Replacement P:\C§M\Cape CanaveraAl orce Main RWacementlSpecsUXv 0100310.doc Meeting Type: Regular Meeting Date: 05 -16 -06 AGENDA REPORT AGENDA Heading Considerations Item No. 4 CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION IN THE AMOUNT OF $3149770 DEPT/DIVISION: PUBLIC WORKS /STORMWATER Requested Action: City Council consider the approval of a grant agreement with the Florida Department of Environmental Protection in the amount of $324,770 for the North Central Ditch Stormwater Project as prepared by Jeff Ratliff, Stormwater Administrator. Summary Explanation & Background: The proposed project will install a treatment train using baffle boxes, dry retention ponds, and control structures for an improved stormwater conveyance system in the project area. FDEP Grant = $ 314,770 St. John's Grant = $ 74,912 City's Match = $ 134,936 TOTAL PROJECT COST = $ 524,618 This project is budgeted, and I recommend approval. Exhibits Attached: FDEP Grant Agreement City ManAger,jPOffice �. Department PUBLIC WORKS /STORMWATER tZ <-, cape- ' \mydo nts\ council\ meeting \2006 \05- 16- 06 \FDEpgrant.doc DEP AGREEMENT NO, G0184 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 105 Polk Avenue, Cape Canaveral, Florida 32920, (hereinafter referred to as "Grantee" or "Recipient "), a local government, to provide financial assistance for the Cape Canaveral Central Ditch Stormwater Improvements. 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- 99451505 -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: 1. The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A, Grant Work Plan, and all attachments and exhibits named herein which are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract" and "Agreement" and the terms "Grantee ", "Recipient" and "Contractor ", are used interchangeably. 2. This Agreement shall begin upon execution by both parties and shall remain in effect for a period of forty-eight (48) 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. This Agreement may be amended to provide for additional services if additional funding is made available by EPA and/or the Legislature. 3. 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 $314,770.00 toward the total project cost described in Attachment A. Written approval from the Department's Grant Manger shall be required for changes between budget categories up to 10% of the total budget. The DEP Grant Manager will transmit a copy of the written approval and revised budget to the DEP Procurement Office and the DEP Contracts Disbursements Office for inclusion in the Agreement file. Changes greater than 10% will require a formal amendment to the Agreement. B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt and acceptance of a properly completed Attachment B, Payment Request Summary Form. The Chief Financial Officer requires detailed supporting documentation of all costs under a cost reimbursement agreement. In accordance with the Attachment C, Contract Payment Requirements, the Grantee shall comply with the minimum requirements set forth therein. Invoices shall be accompanied by supporting documentation and other requirements as follows: 1. Salaries /Wages —The Grantee shall not be reimbursed for direct salaries or multiplier (i.e., fringe benefits, overhead, and/or general and administrative rates) for Grantee's employees. However, the Grantee may document these expenditures for meeting its match requirements. DEP Agreement No. GO 184, Page 1 of 10 2. Overhead/Indirect/General and Administrative Costs — 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 the Grantee 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. a. Fringe Benefits — Shall be calculated at the rate of 23% of direct salaries. b. Indirect Cost —Shall not be reimbursed under this Agreement, but may be used by the Grantee as a matching contribution. 3. Contractual (Subcontractors) - Reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the Grantee. Subcontracts 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. 4. Travel — Reimbursement of travel expenses shall be in accordance with Section 112.061, Florida Statutes. 5. Equipment — (Capital outlay costing $1,000 or more) —The purchase of non - expendable equipment costing $1,000 or more is not authorized under the terms of this Agreement. 6. Rental /Lease of Equipment — Include copies of invoices or receipts to document charges. 7. Other Expenses — e.g., Materials, supplies, phone, reproduction, mailing, and other expenses must be documented by itemizing and including copies of receipts or invoices. 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 http: / /www.fldfs.com/aadir /reference %SFguide and allowable costs for Federal Programs can be found under 48 CFR Part 31 at http: / /www.access.gpo.gov /nara /cfr/cfr- table-search.html and OMB Circulars A -871 A -122, A -215 as applicable, at http:// 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 $209,848.00 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. DEP Agreement No. G0184, Page 2 of 10 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 CFDA Applicable Cost Principles State, local or Indian tribal government. 66.460 OMB Circular A -87 Private non - profit organization other than (1) an OMB Circular A- 122 institution of higher education, (2) hospital, or (3) Commodities organization named in OMB Circular A -122 as not Contractual Services subject to that circular. MBE and 36% WBE Construction (non SRF) Education Institutions 10% 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. G. The table below identifies the funding supporting this Agreement and EPA Grants providing the funds. EPA Grant Number CFDA I Program Title Funding Amount C9- 99451505 -0 66.460 Non point Source Implementation Grants $314,770.00 Total Funding: $314,770.00 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 Attachment D, Progress Reporting Form, 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. Final payment, no less than ten (10) percent of the total Agreement amount identified in paragraph 3.A., will be withheld until receipt and approval of the Final Report. 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. DEP Agreement No. GO 184, 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 H% 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. DEP Agreement No. GO 184, Page 3 of 10 3. 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. 4. The Grantee agrees to include in its bid require all of its prime contractors to negotiated "Fair Share" percentages. 5. The Grantee agrees to follow the six ai 30.44(b), 40 C.F.R. 31.36(e), or 40 documenting compliance. documents the applicable "Fair Share" objectives and include in their bid documents for subcontracts the 'fin-native steps or positive efforts stated in 40 C.F.R. C.F.R. 35.6580, as appropriate, and retain records 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. 8. 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." DEP Agreement No. G0184, Page 4 of 10 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. 7. A. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination. B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days written notice. C. 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 DEP Agreement No. G0184, Page 5 of 10 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. 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. A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable provisions contained in Attachment E, Special Audit Requirements, attached hereto and incorporated herein by reference. Exhibit 1 to Attachment E summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment E. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department's Grants Development and Review Manager at 850/245 -2361 to request a copy of the updated information. B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment E, Exhibit 1 when making its determination. For federal financial assistance, the Grantee shall utilize the guidance provided under OMB Circular A -133, Subpart B, Section — .210 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number FSAA_CL2) that can be found under the "Links /Forms" section appearing at the following website: hgps: / /apps.fldfs.com/fsaa The Grantee should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. 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 DEP Agreement No. G0184, Page 6 of 10 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" 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. 140 CFR 341 B. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state MUWA C. Pursuant to the Lobbying Disclosure Act of 1995, any organization described in Section 501(c)4 of the Internal Revenue Code of 1986 shall not be eligible for subgrants under this Agreement, unless such organization warrants that it does not, and will not, engage in lobbying activities prohibited by the Act as a special condition of the subgrant. This restriction does not apply to loans made pursuant to approved revolving loan programs or to contracts awarded using proper procurement procedures. D. The Grantee's Chief Executive Officer shall certify that no funds provided under this Agreement have been used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. The Grantee shall submit Attachment G, "Lobbying and Litigation Certificate" 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 further 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. Michael M. Scheinkman Florida Department of Environmental Protection Non point Source Management Section 361 Greenway Trail Santa Rosa Beach, Florida 32459 Telephone No.: (850) 267 -3686 extension 226 Fax No.: (850) 622 -0479 E -mail Address: Michael. Scheinkman d?de .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 Stormwater Administrator City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 Telephone No.: 321) 868 -1240 Fax No.: (321) 868 -1233 E -mail Address: Jratliff -ca e a cfl.rr.com 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 DEP Agreement No. G0184, Page 7 of 10 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, as an independent contractor and not an agent, representative, or employee of the Department, agrees to carry adequate liability and other appropriate forms of insurance. The Department shall have no liability except as specifically provided in this Agreement. 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. 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, Quality Assurance Requirements, 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 Attachment I, "Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Federally Funded Transactions ". DEP Agreement No. G0184, Page 8 of 10 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. 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 K 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. G0184, 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: 0 1 �C, Sectplry or ignee Date: L S/ 6 Michael Scheinkman, DEP Grant Manager DEP Contracts Administrator Approved as to form and legality: N(k t N DEP Attorney *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 (11 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 (1 Page) Attachment H Quality Assurance Requirements ( ## Pam) Attachment I Certification Regarding Debarment/Suspension (2 Pages) Attachment J Contract Provisions (3 Pages) Attachment K Regulations (1 Page) DEP Agreement No. G0184, Page 10 of 10 ATTACHMENT A GRANT WORK PLAN Cape Canaveral Central Ditch Stormwater Improvements PROJECT FUNDING: $314,770.00 FY05 319 $209,848.00 LEAD ORGANIZATION: City of Cape Canaveral CONTACT PERSON: Jeff Ratliff, Stormwater Administrator City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 (321) 868 -1240 FAX (321) 868 -1233 jaratliff@bellsouth.net COOPERATING ORGANIZATIONS: SJRWMD PROJECT ABSTRACT: Match The proposed construction and installation of a treatment train using baffle boxes, dry retention ponds, control structures, and an improved stormwater conveyance system will provide significant treatment for TSS, Total Phosphorus, and Total Nitrogen for stormwater within the Canaveral Basin. The treatment train will be built within the city's public easements for the Central Ditch Canal to treat stormwater runoff and baseflow from a 99 -acre mixed use watershed of industrial, residential, undeveloped lands and wetlands. The unique approach to managing and treating sediment and nutrient laden stormwater in the Central Ditch project is anticipated to reduce TSS by 82% or 12253 kg /yr, Total Phosphorus by 72.7% or 14 kg /yr and Total Nitrogen by 56% or 254 kg /yr. Monitoring will be performed to determine the system's treatment effectiveness. The system also will have signage and information for the public to read at the project site about stormwater pollution and treatment. PROJECT LOCATION AND WATERSHED CHARACTERISTICS: The site is located within the Section 37, Township 25 East, Range 37 in Brevard County, within east central Brevard County, in the city limits of Cape Canaveral. The 122.67 acre watershed has a mixture of residential, industrial, undeveloped, and wetlands properties. About 99 acres of the watershed does not have stormwater treatment systems. Implementing the proposed BMPs will be part of the City's goals of providing stormwater treatment for the whole City. The City has 6 major outfalls to the Banana River. The City is initiating BMP construction on the 4th outfall at this time. Their goal is to provide treatment for all of their outfalls within the next 2 years. Watershed Name: Latitude: Longitude: Hydrologic Unit Code(HUC): Banana River (part of Indian River lagoon system) 282354.00 803631.00 03080203 DEP Agreement No. G0184, Attachment A, Page 1 of 15 Land Uses within the Watershed (acres and percentages of total): Land Use Acres % residential 26.42 21.5 industrial 34.18 27 undeveloped 13.46 11 wetland 48 39.6 Land Use Totals (Acreage and %) 122 100 PROJECT OBJECTIVE(S): This project provides for retrofitting and addresses comprehensive stormwater treatment for the Canaveral Basin in the City of Cape Canaveral. The goals of this project include: • construct several dry retention ponds for the treatment of stormwater; • construct 36" RCP throughout the basin for stormwater conveyance; and • construct a nutrient separating baffle box for stormwater treatment. • reduce estimated pollutant loadings of TSS by 82 %, phosphorus by 72.7% and nitrogen by 56 %. PROJECT DESCRIPTION: The City's Stormwater Master Plan (Stottler Stagg, 2000) recommended a detention pond for treatment of stormwater in the Canaveral Basin. The City was unsuccessful in obtaining land for that project so this alternate project was investigated by City staff. The Central Ditch Stormwater Treatment Project would provide treatment for about the upper 25% of the Canaveral Basin. The drainage basin for this project is 122.67 acres. The City is situated in east central Florida on the coastal barrier island with the Atlantic Ocean bordering its east boundary and the Banana River along its western boundary. The City is approximately 1.75 square miles in area. It has a drainage infrastructure which is approximately 60 years old and has 6 outfalls to the Indian River Lagoon. The system contains CMP (corrugated metal pipe) and RCP (reinforced concrete pipe), curbs and gutters, inlets, baffle boxes, and roadside swales. The City is located on the barrier island in central Brevard County. The City limits consist predominantly of condominiums and commercial businesses along Ocean Avenue and State Road A1A. The City is approximately 85% built out which leaves a few small, scattered undeveloped parcels. Most of the streets in Cape Canaveral are constructed with curb and gutter leading to large outfall pipe systems. The 488 -acre Canaveral Basin is drained by the Central Ditch, which runs from north to south, from George King Blvd. in Port Canaveral to the Banana River just south of State Road A1A. The ditch has little grade, and is heavily vegetated with Brazilian Pepper and invasive species. The ditch has a bottom width of about 10 feet and a top width of about 20 feet. It is generally about 3 -4 feet deep. The City periodically cleans the ditch with a Menzimuck. Most of the properties adjacent to the ditch drain into the ditch by sheetflow. The ditch south of Central Boulevard is tidally influenced and brackish. North of Central Boulevard, the ditch rises in elevation and is not brackish. The ditch has a constant base flow from wetlands on the far north end of the basin. DEP Agreement No. G0184, Attachment A, Page 2 of 15 The ditch has steep side slopes with heavy erosion of sediment. The loose sediment is easily washed downstream. Brazilian Peppers prevent traditional vegetative stabilization techniques. The leaf fall from the Brazilian Peppers contributes considerably to nutrient loadings entering the Banana River. Due to limited right -of -way, it is not possible to flatten and stabilize the banks of the ditch. A unique approach for sediment and nutrient management is proposed for the Central Ditch north of Central Boulevard. To begin with, 2,200 feet of the ditch will be cleared of vegetation. Nutrient laden muck will be excavated from the bottom of the ditch to provide a solid base for pipes. A double run of 36" pipes will be placed in the bottom of the ditch to carry small to medium storms. Over the top of the pipes a linear shallow, dry retention pond will be constructed to catch sheet flows from adjacent properties. There will be periodic dams and inlet/control structures spaced along the dry ponds. The dams will create a series of ponds over the top of the pipes. Adjacent properties with stormwater treatment facilities will have their discharge pipes directly connected to the pipe system. Only untreated stormwater from adjacent properties will be directed into the dry ponds. As the ponds fill, they will overflow through the control structures into the pipes underneath. The dry ponds will be designed to provide treatment for about 0.25 inches of runoff from the contributing drainage basins. Trapping and infiltrating the stormwater will have the added benefit of reducing fresh water flows to the Banana River. At the far north end of the basin is the Rinker Concrete plant, which does not have a stormwater treatment system. As is typical of concrete plants, it discharges considerable sediment to the ditch. In addition there is a large wetland area at the north end of the basin that contributes a loading of leaf and plant material. The elevation of the land is such that flows from the Rinker plant can not be directed to the new dry ponds. Therefore, runoff from the plant will flow through the twin pipes. At the downstream end of the new pipes a Nutrient Separating Baffle Box will be constructed to provide treatment of the stormwater that does not flow through the linear dry ponds, as well as providing additional treatment for any stormwater that overflows the dry ponds. This project has the potential to reduce estimated pollutant loadings of TSS by 12,253 kg /yr or 82.5 %, phosphorus by 14 kg /yr or 72.7% and nitrogen by 254 kg /yr or 56.2 %. It also has the potential to retain freshwater flowing to the Banana River, which currently degrades water quality and reduces seagrass propagation in this area. ESTIMATED POLLUTANT LOAD REDUCTIONN BMPs Installed Other Other TSS TP TN Sediment BOD kg/ r k / r dry retention /baffle kg /yr kg /yr kg /yr kg /yr kg /yr box Pre - Project 14847 64 452 � Post - Project 21594 17 198 C ' Reducttiion 12253 14 254 0 CL % Reduction 82 72.7 56 mvvrZL. uJCU: The Water Quality Model for Cape Canaveral uses the following reference: DEP Agreement No. G0184, Attachment A, Page 3 of 15 1. Stormwater Loading Rate Parameters for Central and South Florida, Harper,1994. OUTPUTS /DELIVERABLES: Task 1: Survey Project Site Description: The City's surveying consultant will prepare a complete survey of the improvement locations. 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 the improvements. The improvements will be installed on property within existing drainage easements. Deliverables: A complete set of design and construction drawings with construction specifications. Task 3: Permitting Description: The City will obtain all necessary permits for the project. Deliverables: All necessary permits. Task 4: Prepare, Send, Receive, Evaluate and Award Construction Bid Description: City personnel and City's engineering consultant will prepare, advertise for, send, receive, and evaluate bids for construction of the improvements. An award will be made; contracts signed and notice to proceed given. Deliverables: A construction contract with a Notice to Proceed given to the responsible low bidder. Task 5: Construction of Stormwater Facilities Description: The City's selected contractor will construct the stormwater BMP improvements. Deliverables: The acceptance of the facilities as completed facilities according to design. Task 6: 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 Project Plan (QAPP), stormwater monitoring reports, and preliminary and final project reports will be written and submitted by the grant administrator. Pictures will be taken over the course of the project and will be included in public education efforts and the final report. Deliverables: Quarterly reports to DEP, QAPP, stormwater monitoring reports, and preliminary and final project reports. Task 7. Quality Assurance Project Plan Description: Prior to conducting any sampling, prepare, send and obtain DEP approval of a Quality Assurance Project Plan (QAPP). Deliverables: An approved QAPP prior to any sampling. DEP Agreement No. G0184, Attachment A, Page 4 of 15 Task 8: Implementation of Water Quality Monitoring Program Description: Background monitoring will be conducted in accordance with the QAPP for 2 -3 storm events for the same parameters and using the same methods as post- construction monitoring. After construction is completed, sampling will be conducted for 7 -10 storm events in accordance with the QAPP.with auto samplers at the inflow and outflow points. Deliverables: Background monitoring report, bi- monthly stormwater reports, storm event auto sampler reports, and twice -a -year stormwater analysis reports. Task 9: Implementation of Education Component Description: The public education component will include coverage of the project on the City of Cape Canaveral website accessible to all residents and news items in local sections of two local newspapers. Press releases will be distributed will be provided on site. upon project completion and educational signage Deliverables: Quarterly information regarding the status of the project conveyed to the public. Educational signage will be provided on site. PROJECT MILESTONES: Task Activity Start Match Source Complete 1 Survey Month 1 Month 3 2 Engineering Design Month 4 Month 11 3 Permitting Month 12 Month 18 4 Prepare /Award Bid Month 19 Month 24 5 Construct Stormwater Facilities Month 25 Month 30 6 Project Administration Month 1 Month 48 7 8 Quality Assurance Project Plan Implemented Water Quality Monitoring Month Month 12 19 Month 18 Month 42 9 Implement Education Component Month 1 Month 48 PROJECT BUDGET: Project Funding Activity 319 (h) Amount Matching Contribution Match Source Salaries $0.00 $37,382.00 CC in -kind Fringe Benefits 23% $8,598.00 CC in -kind Supplies/Other Expenses $963.00 CC SW Utility Equipment $17145.00 CC SW Utility Contractual $0.00 Engineer/Design/Survey $0.00 $79,936.00 CC SW Utility BMP Implementation $3149770.00 $74,912.00 SJRWMD Indirect $0.00 $6,912.00 1 CC SW Utility Total: 1 $314,770.00 $209,848.00 Total Project Cost: F $524,618.00 Percentage Match: 1 0.601 0.40 *If a stormwater utility or other dedicated recurring fee is contributing, put that information in the following table. DEP Agreement No. G0184, Attachment A, Page 5 of 15 MATCH SOURCE INFORMATION. Match Source Name Description ERU /Fee CC SW Utility City of Cape Canaveral Stormwater Utility $3 /mo /ERU or $36/ r $20,000.00 CC SW Utility Engineering Design & Permitting BUDGET BY TASK: Project Funding Activity 319 (h) Amount Matching Contribution Match Source Surveying $0.00 $20,000.00 CC SW Utility Engineering Design & Permitting $0.00 $547936.00 CC SW Utility Prepare /Award Bid $0.00 $5,000.00 CC in -kind Construct Stormwater Facilities $3147770.00 $749912.00 SJRWMD Project Admin. $0.00 $10,000.00 CC SW utility Quality Assurance Project Plan & Water Quality Monitoring $0.00 $409000.00 CC SW Utility Education $0.00 $57000.00 CC SW Utility Total: Total Project Cost. Percentage Match: DEP Agreement No. G0184, Attachment A, Page 6 of 15 MONITORING TO DETERMINE TREATMENT EFFECTIVENESS The local government (City of Cape Canaveral) has proposed a balanced and comprehensive approach to stormwater management in order to minimize pollutant discharges into the project area. The Water Quality Monitoring Plan is designed to improve water quality and comply with maintenance and monitoring requirements as set forth below. The effectiveness of this project in reducing stormwater loadings will be quantified via water quality monitoring. This monitoring will include pre- construction monitoring for 2 -3 storm events in a manner identical to post- construction monitoring in order to determine baseline conditions. Upon completion of the construction activities and after significant rainfall events, the City will conduct monitoring at two locations: inflow and outflow of the BMPs. Monitoring will include sampling from 7 -10 storm events. These events will be discrete rainfall events of generally greater than 0.2 inches and less than 1.5 inches. Monitoring will be conducted at two locations (inflow and outflow) and will include the following parameters: • Daily rainfall (to the nearest 0.01 inch) measured at the sampling location with verification from the local weather station. Rainfall data should be provided for at least the week proceeding monitoring and day of monitoring. • Flow using approved flow- activated flow meters. • Parameters as specified below. Parameter Detection Limit Method Total Cadmium 1 ug /I Composite* Total Chromium 5 ug /I Composite* Total Copper 5 ug /I Composite* Total Zinc 10 ug /I Composite* NO2 +NO3 0.1 mg /I Composite* TKN 0.3 mg /I Composite* Total Nitrogen 0.05 mg /I Composite* Total Phosphorus 0.05 mg /I Composite* Ortho Phosphate 0.05 mg /I Composite* TSS 1 mg /I Composite* Oil /Grease 1 mg /I Composite* Fecal coliform N/A Grab ** *For these types of projects, composite stormwater samples are typically collected over the storm hydrograph at the inflow and for up to a 36 -hour period at an outflow location; rainfall that does not result in at least a 6 -hour discharge from the stormwater BMP is not considered a completed monitoring event. However, the limited size of the Canaveral Drainage Basin within the City and the nature of the BMP to be installed do DEP Agreement No. G0184, Attachment A, Page 7 of 15 not allow for the collection of stormwater samples over a long period of time (as shown through other sampling events at other locations throughout the City). Therefore, flow - weighted samples using automatic samplers are proposed for collection at the inflow location (near headwaters) and at the outfall location (near Central Boulevard). Rainfall that does not result in at least a one -hour discharge from the stormwater BMP shall not be considered a completed monitoring event. Each composite will include at least six evenly distributed sub - samples. All stormwater samples will also be analyzed for the above - listed parameters as well as temperature, salinity, dissolved oxygen, pH, and turbidity. * *Grab samples will be collected within the drainage area time of concentration at the inflow and outflow stations described above. City staff will estimate the pollutant removal efficiency of the stormwater BMP by calculating the percent reduction in the event mean concentration (EMC) for the period of record [1- (Average Inflow EMC /Average Outflow EMC)]. In addition, the pollutant contributions for each BMP inflow will be flow - weighted per requirements included in (1) National Stormwater Best Management Practice database at http: / /www.bmpdatabase.orW and (2) Development of Performance Measures, Determining Urban Stormwater Best Management Practice Removal Efficiencies, 1999 by URS Greiner Woodward Clyde, ASCE and EPA at http: / /www.bmpdatabase.or /tg ask3 l.ndf�. DEP Agreement No. G0184, Attachment A, Page 8 of 15 DEP Agreement No. G0184, Attachment A, Page 9 of 15 ftqo ac ?. ac DEP Agreement No. G0184, Attachment A, Page 11 of 15 DEP CONTRACT BUDGET FORM -319 FUNDING PROJECT TITLE: Cape Canaveral Central Ditch Stormwater Improvements Items below to be completed by the Contractor. See instructions on reverse side. 1. PERSONNEL EXPENSES A. Salaries - (Name/Title /Position) Hourly Cost ($) Hours Totals ($) * = 0 * = 0 * = 0 * = 0 * = 0 * = 0 Total Salaries 0 B. Fringe Benefits (Rate% * Total salaries applicable) Rate % Total Sal. App. Total $ 0.00% * 0 0 Total Personnel Expenses (A +B) 2. Su lies Description Unit Cost $ Quantity Totals $ * = D * = D * = D Total Supplies 0 3. Equipment Description Unit Cost $ Quantity Totals $ * 0 Total Equipment 0 4. Travel Per Fare/ Purpose/ Destination Days Diem $ Rate $ Mileage Totals $ [ ] +[ ] = o [ ] +[ ]= 0 [ ] +[ Total Travel 0 5. Contractual Name or Services Fee /Rate $ Hours Totals $ BMP implementation * = 314,770.00 * = 0 * = 0 Total Contractual 314,770.00 6. Miscellaneous Description Unit Cost $ Quantity Totals $ * = 0 * = 0 * = 0 * = 0 * = 0 Total Miscellaneous 0 SUBTOTAL (1 thru 6) 314,770.00 7. Overhead /Indirect - Base: Rate % Base $ Total $ 0.00% * 0 = 0 8. Total 319 Budget $ 314,770.00 DEP Agreement No, G0184, Attachment A, Page 12 of 15 DEP CONTRACT BUDGET FORM -MATCH FUNDING City of Cape canaveral PROJECT TITLE: Cape Canaveral Central Ditch Stormwater Improvements Items below to be completed by the Contractor. See instructions on reverse side. 1. PERSONNEL EXPENSES A. Salaries - (Name/Title /Position) Hourly Cost ($) Hours Totals ($) Gardulski Public Works Director 39.00 * 30 = 11170.00 Bandish Asst. PW Director 30.00 * 48 = 11440.00 Ratliff Stormwater Admin. 22.00 * 1,000 = 22,000.00 Bowers Finance 37.00 40 1,480.00 Clark Lab Dir. 24.00 * 39 = 936.00 Beedie Sr. Lab Tech. 18.00 * 78 = 1,404.00 Dasno Lab Tech. 18.00 # 104 = 11872.00 Skrocki Lab Tech. 16.00 * 104 = 11664.00 Hardy Office Admin. 18.00 * 48 = 864.00 Hall Secretary 13.00 * 32 416.00 Swin4ler IT Tech. 17.00 * 72 1,224.00 McCormack Sr. Tech. 17.00 * 104 1,768.00 Boes Tech. 11.00 * 104 = 1,144.00 Total Salaries 37,382.00 B. Fringe Benefits (Rate% * Total salaries applicable) Rate % Total Sal. App. Total $ 23.00% * 37,382 81597.86 2, Supplies Total Personnel Expenses (A +B) 45,979.86 Description Unit Cost $ Quantity Totals $ Field Sample Containers 7.96 * 40 = 318.36 Lab Containers 4.00 * 100 = 400.00_ * = 0 Total Supplies 718.36 3. Equipment Description Unit Cost $ Quantity Totals $ Water Sampler 11145.00 * 1 = 11145.00 * = 0 Total Equipment 1,145.00_ 4. Travel Per Fare/ Purpose/ Destination Days Diem $ Rate $ Mileage Totals $ N/A [ * ] + [ * ] = 0 [ * ] + [ * ] = 0 Total Travel 0 5. Contractual Name or Services Fee /Rate $ Hours Totals $ Stottler Stagg & Assoc. * = 0 _(engineering design, surveying, * = 0 oversight, bid review) * = 0 Total Contractual 79,936.00 6. Miscellaneous Description Unit Cost $ Quantity Totals $ Flow Meter 245.00 * 1 = 245.00 * = 0 Total Miscellaneous 245.00 SUBTOTAL (1 thru 6) 128,024.22 7. Overhead /Indirect - Base: Rate % Base $ Total $ 15.03% * 45,979.86 = 6,912.61 8. Total Match Budget $ 134,936.83 DEP Agreement No, G0184, Attachment A, Page 13 of 15 DEP CONTRACT BUDGET FORM -MATCH FUNDING for St. Johns River WMD PROJECT TITLE: Cape Canaveral Central Ditch Stormwater Improvements Items below to be completed by the Contractor. See instructions on reverse side. 1. PERSONNEL EXPENSES A. Salaries - (Name/Title /Position) Hourly Cost ($) Hours Totals ($) * = 0 * = 0 * = 0 * = 0 * = 0 * = 0 Total Salaries 0 B. Fringe Benefits (Rate% * Total salaries applicable) Rate % Total Sal. App. Total $ 0.00% * 0 0 Total Personnel Expenses (A +B) 2. Supplies Description Unit Cost $ Quantity Totals $ * = 0 * = 0 3. Equipment Total Supplies D Description Unit Cost $ Quantity Totals $ * = p * = 0 Total Equipment iJ 4. Travel Per Fare/ Purpose/ Destination Days Diem $ Rate $ Mileage Totals $ [ ] +[ ]= 0 [ ] +[ ]= 0 [ ] +[ ]= 0 Total Travel 0 5. Contractual Name or Services Fee /Rate $ Hours Totals $ * = 0 BMP Implementation * = 74,912 * = 0 Total Contractual 74,912 6. Miscellaneous Description Unit Cost $ Quantity Totals $ * = 0 * = 0 * = 0 * = 0 * = 0 Total Miscellaneous 0 SUBTOTAL (1 thru 6) 74,912 7. Overhead /Indirect - Base: Rate % Base $ Total $ 0.00% * 0 = 0 S. Total Match Budget $ 74,912 DEP Agreement No. G0184, Attachment A, Page 14 of 15 DEP CONTRACT BUDGET FORM -TOTAL PROJECT PROJECT TITLE:_Cape Canaveral Central Ditch Stormwater Improvements Items below to be completed by the Contractor. See instructions on reverse side. 1. PERSONNEL EXPENSES A. Salaries - (Name/Title /Position) Hourly Cost ($) Hours Totals ($) Gardulski Public Works Director 39.00 * 30 = 11170.00 Bandish Asst. PW Director 30.00 * 48 = 1,440.00 Ratliff Stormwater Admin. 22.00 * 1,000 = 22,000.00 Bowers Finance 37.00 * 40 = 11480.00 Clark Lab Dir. 24.00 * 39 = 936.00 Beedie Sr. Lab Tech. 18.00 * 78 = 11404.00 Dasno Lab Tech. 18.00 * 104 = 11872.00 Skrocki Lab Tech. 16.00 * 104 1,664.00 Hardy Office Admin. 18.00 * 48 = 864.00 Hall Secretary 13.00 * 32 = 416.00 Swingler IT Tech. 17.00 * 72 = 11224.00 McCormack Sr. Tech. 17.00 * 104 = 11768.00 Boes Tech. 11.00 * 104 = 1,144.00 Total Salaries 37,382.00 B. Fringe Benefits (Rate% * Total salaries applicable) Rate % Total Sal, App. Total $ 23.00% * 37,382.00 8597.86 2. Supplies Total Personnel Expenses (A +B) 45,979.86 Description Unit Cost $ Quantity Totals $ Field Samole Containers 7.96 * 40 = 318.36 Lab Containers 4.00 * 100 = 400.00 * _ ,0 Total Supplies 718.36 3. Equipment Description Unit Cost $ Quantity Totals $ Water Sampler 11145.00 * 1 = 11145.00 * = 0 * = 0 Total Equipment 1,145.00 4. Travel Per Fare/ Purpose /Destination Days Diem $ Rate $ Mileage Totals $ N/A [ ] +[ ] = 0 [ ] +[ ] = o Total Travel 0 5, Contractual Name or Services Fee /Rate $ Hours Totals $ Stottler Stagg & Assoc. * = q (engineering design, surveying, * = 0 oversight, bid review) 79,936.00 * 1 = 79,936.00 BMP Implementation (SJRWMD grant) 74,912.00 1 74,912.00 BMP Implementation (DEP grant) mmmmmmmm 314,770.00 1 = 314,770.00 Total Contractual 469,618.00 6. Miscellaneous Description Unit Cost $ Quantity Totals $ Flow Meter 245.00 * 1 = 245.00 * = 0 7. Overhead /Indirect -Base: 8. Total Proiect Budget DEP Agreement No, G0184, Attachment A, Page 15 of 15 Total Miscellaneous SUBTOTAL (1 thru 6) Rate % Base $ 15.03% * 45,979.86 245.00 517,706.22 Total $ 6912.612152 $ 524,618.83 mmmmmmm ATTACHMENT B PAYMENT REQUEST SUMMARY FORM GRANTEE. DEP AGREEMENT NO.: G0184 DATE OF REQUEST: AMOUNT REQUESTED :$ GRANTEE'S GRANT MANAGER: PAYMENT REQUEST NO.: PERFORMANCE PERIOD. PERCENT MATCHING REQUIRED: GRANT EXPENDITURES SUMMARY SECTION fEffective Date of Grant through End -of -Grant Perindl CATEGORY OF EXPENDITURE AMOUNT OF THIS REQUEST v TOTAL CUMULATIVE PAYMENTS MATCHING FUNDS TOTAL CUMULATIVE MATCHING FUNDS Salaries $ N/A $ N/A $ $ Fringe Benefits $ N/A $ N/A $ $ Travel (if authorized) $ N/A $ N/A $ N/A $ N/A Subcontracting: BMP Implementation $ $ $ $ Engineering/Design/Surveying $ N/A $ N/A $ $ Construction Related Costs $ N/A $ N/A $ $ Equipment Purchases $ N/A $ N/A $ $ Supplies /Other Expenses $ N/A $ N/A $ $ Land $ N/A $ N/A $ N/A $ N/A Indirect $ 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 Print Name Telephone Number Grantee's Fiscal Agent Print Name Telephone Number INSTRUCTIONS FOR COMPLETING DEP 55 -223 (02/04) DEP Agreement No. G0184, Attachment B, Page 1 of 2 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 SUMMAR Y 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 55 -223 (02/04) DEP Agreement No. G0184, Attachment B, Page 2 of 2 ATTACHMENT C Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures (January 2005) 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. Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. 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 a reasonable percentage 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 (January, 2005) can be found at the following web address: htip://www.fldfs.com/aadir/reference`/`5Fguide/. Revised 2/2006 DEP Agreement No. G0184, Attachment C, Page I of 1 ATTACHMENT D PROGRESS REPORT FORM DEP Agreement No.. G0184 Grantee Name. 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 accomplishments to the objectives established for the period. If provide reasons why.) comparison of actual goals were not met, Provide an update on the estimated time for completion for any anticipated delays. of the project and an explanation Provide any additional pertinent information including, explanation of cost overruns or high unit costs. when appropriate, analysis and DEP Agreement No. GO 184, 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 MBE/WBE requirements contained documentation regarding your efforts in meeting the in paragraph 5.B. of the Agreement Provide a project Budget Category budget update, comparing the project budget to actual costs to date. Expenditures Prior to this Expenditures Total Project Reporting this Reporting Project Funding Budget Period Period Balance This report is submitted in accordance with the reporting requirements of DEP Agreement No. GO 184 and accurately reflects the activities and costs associated with the subject project. Signature of Grantee's Grant Manager DEP Agreement No. GO 184, 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. 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program - specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised. EXHIBIT 1 to this 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. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must be paid from non - Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http:/ /12.46.245.173 /cfda /cfda.html. DEP 55 -215 (09/05) DEP Agreement No. G0184, 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. 1. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project - specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. EXHIBIT 1 to this 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. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in State financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -State entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https:Hgpps.fldfs.com/fsaa/ or the Governor's Office of Policy and Budget website located at http: / /www.ebudget.state.fl.us/ 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 /Welcome /index.cfm, Governor's Website http: / /www.myflorida.com/, Department of Financial Services' Website htip: / /www.fldfs.com/ and the Auditor General's Website http://www.state.fl.us/audgeiVj2a.ges/flsaa.htm. 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(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required by PART 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 (09/05) DEP Agreement No. G0184, 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. 2. Pursuant to Section .320(f), OMB Circular A -133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A -133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at 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 3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at 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 (09/05) DEP Agreement No. G0184, 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 (09/05) DEP Agreement No. G0184, Attachment E, Page 4 of 5 I ICI x W II Bi O O W H w O O U z W w Q x z a h w U W E-� 0 Q 3 w O O r d' T3 ca Q _ca O ¢fib QH U U c L13 b D cc rA O U cqs En l Q U ..U. a � .� N U O � � Q L13 N 1 s. U �Z�z U 0. as IZ a� 1d U 3 d U U cca En cu a� .E 4, a c o U U 0 . cl o C�3 U 0 bA .O � U � o ca cl oy :?. $.. U O O (U � at O Cd C7 4-. U b M 0 bA N O U N JQ4 O C5 y U tn w 0 0 on CC a w c V V w_ Q O A O z_ c oQj o y L N v� '^ a aW o A c c 0 0 >, o O cl }y cl a tu c °o �U (U C Q � U v� G� L O � L c w o cl Q °o 6 >~ C O Q O 44 'b L �+ U' w 0 H ej V L M O O G" Q) c w V N V U cc O ^ � O O �^ F Q G�, U cd � w � "c Q r� � Q w O c � � o rA FA c y 0 U y F c d O U U L c v°� c E cm � L' a� .r -o s Q U o ccl Q z rA L Con a y w O c a V a Q cce �r Q " a Sr c 0 L a d 'O N w a v d O y w V V O V 6� Q) rA CD a L cu CC O y y O O w r% z bA cc 'O C Q b O Q 3 w >. Q w � � 0 O y V CZL L O y V y a E 'b .c y L G) N w a z O rL4 O O r d' T3 ca Q _ca O ¢fib QH U U c L13 b D cc rA O U cqs En l Q U ..U. a � .� N U O � � Q L13 N 1 s. U �Z�z U 0. as IZ a� 1d U 3 d U U cca En cu a� .E 4, a c o U U 0 . cl o C�3 U 0 bA .O � U � o ca cl oy :?. $.. U O O (U � at O Cd C7 4-. 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U b M 0 bA N O U N JQ4 O C5 y U tn w 0 0 on CC a w c V V w_ Q O A O z_ c oQj o y L N v� '^ a aW o A c 0 >, O F � o �U Q v� fir � _ O a, c N Q O >~ V 'b V � U' w 0 V V a � c V N O U O U °c° o r� � c � o O y c 0 U � c Q Con y w L a c V U " a Sr 0 L v b O w c d y 6� V L O bA cc O O r d' T3 ca Q _ca O ¢fib QH U U c L13 b D cc rA O U cqs En l Q U ..U. a � .� N U O � � Q L13 N 1 s. U �Z�z U 0. as IZ a� 1d U 3 d U U cca En cu a� .E 4, a c o U U 0 . cl o C�3 U 0 bA .O � U � o ca cl oy :?. $.. U O O (U � at O Cd C7 4-. U b M 0 bA N O U N JQ4 O C5 y U tn w 0 0 on CC a w c V V w_ Q O A O z_ c oQj o y L N v� '^ a aW o A ATTACHMENT F DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 ❑ (See reverse for public burden disclosure.) Approved by OMB 0348 -0046 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: ❑ ❑ ❑ a. contract a. bid /offer /application a. initial filing b. grant b. initial award e b. material change g 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 El and Address of Prime: Prime Subawardee Tier if known: Congressional District, if known: Congressional District, if known: 6. Federal Department /Agency: 7. Federal Program Name /Description: CFDA Number, if applicable: 8. Federal Action Number, ifknown: 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, Ml): different from No. l0a) (last name, first name, Nil): (attach Continuation Sheets) SF -LLLA, if necessa ) 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 representation of fact upon which reliance was placed by the tier above print Name' 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 rile 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 Agreement No. GO] 84, Attachment F, 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. L 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." 96 For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award /loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his /her name, title and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348 -0046. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. Form DEP 55 -221 (O1 /O1) DEP Agreement No. GO] 84, Attachment F, Page 2 of 2 ATTACHMENT G Fs Akprr ad OMB Nrr W30aWAprnralExpm- 12f M LOBBYING AND LITIGATION CERTIFICATE* �t EFA I hereby certify that none of these funds the Federal Government or in litigation under existing law. Chief Executive Officer Date have been used to engage in the lobbying of against the United States unless authorized Assistance Agreement Numbers)" *Complete this form pursuant to the 2001 Department of Veterans Affairs and Housing and Urban Development, and Independent Appropriations Acts, Public Law 105 -277, Section 424 and 2000 Department of Veterans Affairs and Housing and Urban Development, and Independent Appropriations Acts, Public Law 106 -74, Section 425 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 form to your Grant Specialist. DO NOT send this information to the Office of Management & Budget. Burden Statement - The annual public repotting and record keeping burden for this collection of information is estimated to average 5 minutes per respondent. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or di selose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Regulatory Information Division, U.S. Environmental Protection Agency (2137), 401 M. St., S.W. Washington, D.C. 20460; and to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA. Include the EPA ICR number and OMB control number in any eorrcspondence. EPA Fonrn 5700 -53 (Rev. 2 -02) DEP Agreement No. G0184, Attachment G, Page 1 of 1 ATTACHMENT H Quality Assurance Requirements For Federally Funded NPS BMP Monitoring Agreements 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 between the laboratory and the CONTRACTOR. Within six months of this 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 any change to a sub - contracted laboratory is made. d. A copy of the DoH ELCP Certificate and the associated list of specific fields of accreditation for each contracted or sub - contracted laboratory shall be provided to the DEP contract manager upon Contract execution or upon receiving DoH certification (see items 2.a and 2.b above). e. The CONTRACTOR shall ensure that an acceptable initial demonstration of capability (IDOC), as described in Appendix C of Chapter 5 of the NELAC Standards is performed. Each laboratory that performs any of the proposed matrix/method /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, 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. g. Any non - standard laboratory procedures or methods that are proposed for use (i.e., those not approved by DEP for standard environmental analyses) shall be submitted for review and approval in accordance with DEP -QA- 001/01, "New and Alternative Analytical Laboratory Methods," February 1, 2004. These procedures or methods shall be approved by the DEP contract manager before use under this Contract and must be cited or described in the required planning document (see Section 6). Revised 1/4106 DEP Agreement No. G0184, Attachment H. Page 1 of 10 h. The CONTRACTOR shall ensure that Practical Quantitation Limits (PQLs) and Method Detection Limits (MDLs) required by the Contract are listed in the planning document (see Section 6). i. The CONTRACTOR shall ensure that the selected laboratory test methods listed in the planning document can provide results that meet the Contract data quality objectives. j. The CONTRACTOR shall ensure that all laboratory testing procedures follow the analytical methods as approved in the planning document (see Section 6). k. The CONTRACTOR shall ensure that the all laboratory quality control measures are consistent with Chapter 5 of the NELAC standards. I. In addition, the CONTRACTOR shall ensure that the quality control requirements specified in the attached addenda are followed. m. The CONTRACTOR shall ensure that all sample results are calculated according to the procedures specified in the analytical methods approved in the planning document. 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) to be used for this Contract 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) The last time samples are collected for the sample collection matrix. (ii) Field- Generated Quality Control (QC) Blanks — Blanks associated with field activities as defined in FQ 1210 of the DEP SOPs shall be collected according to the requirements of FQ 1230. (1) If an analyte detected in the sample is also found in any field - generated QC blank that is associated with the sample, the CONTRACTOR shall investigate and attempt to determine the cause of the QC blank contamination. The outcome of this investigation shall be reported and shall include a discussion of the corrective measures taken to minimize future occurrences of QC blank contamination. (2) If an analyte detected in the sample is also found in any field - generated QC blank that is associated with the sample, the CONTRACTOR shall ensure that the analyte in the affected sample is reported as estimated ( "J" with a narrative explanation) unless the analyte concentration in the affected sample is at least 10 times the reported QC blank value concentration. Revised 1/4/06 DEP Agreement No. G0184, Attachment H. Page 2 of 10 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 as part of Quarterly Progress Reports and shall include the following information: ► Laboratory sample identification (ID) and associated Field ID ► Analytical /test method ► Parameter /analyte name ► Analytical result (including dilution factor) ► Result unit ► Applicable DEP Qualifiers per Table 1 of Chapter 62 -160, F.A.C. ► Result comment(s) to include corrective /preventive actions taken for any failed QC measure (e.g., QC sample, calibration failure, etc.) or other problem related to the analysis of the samples ► Date and time of sample preparation (if applicable) ► Date and time of sample analysis ► Results of laboratory verification of field preservation ► Sample matrix ► DoH ELCP certification number for each laboratory (must be associated with the test result(s) generated by the laboratory) ► MDL ► PQL ► Sample type (such as blank type, duplicate type, etc.) ► Field and laboratory QC blank results: • Laboratory QC blank analysis results as required by the method, NELAC Chapter 5 and the planning document (see Section 6 below); • Field quality control results including trip blanks, field blanks, equipment blanks, and field duplicates (or replicates) as specified in the planning document (see Section 6) ► Results of sample matrix spikes, laboratory duplicates or matrix spike duplicates, as applicable ► Results of surrogate spike analyses (if performed) ► Results of laboratory control samples (LCS) ► Link between each reported quality control measure (e.g., QC blanks, matrix spikes, LCS, duplicates, calibration failure, etc.) and the associated sample result(s) ► Acceptance criteria used to evaluate 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 stormwater BMP name ► 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, if applicable ► Sample collection method identified by the DEP SOP number, where applicable Revised 1/4/06 DEP Agreement No. G0184, Attachment H, Page 3 of 10 ► If performed, indicate samples that were filtered ► Field test measurement results, if applicable: • DEP SOP number (FT- series), where applicable • Parameter name • Result • Result unit • Applicable Data Qualifiers per Table 1 of Chapter 62 -160, F.A.C. ► Narrative comments discussing corrective /preventive actions taken for any failed QC measure (e.g., blank contamination, meter calibration failure, split sample results, etc.), unacceptable field measurement or other problems related to the sampling event. e. The CONTRACTOR shall submit the lab and field data above electronically in either Excel or Access format. 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 by the Department, must provide all field and laboratory records pertinent to the contracted field and laboratory activities. If an audit by the Department results in a determination that the reported data are not usable for the purpose(s) or do not meet the data quality objectives specified by the Contract, the DEP contract manager shall pursue remedies available to the Department, including those outlined in Section 8 below. b. PLANNING REVIEW AUDITS — (i) Initial: Within 15 days of completing the first sampling and analysis event, 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 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 (i) 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 Contract Data Quality Objectives and Data Quality Indicators specified in the planning document, this attachment and the addenda. (i) The CONTRACTOR shall ensure that all acceptance and usability criteria required by this Contract not specified above are listed in the planning document. (ii) The CONTRACTOR shall ensure that the results of all quality control measures described above are evaluated according to the acceptance criteria listed in this attachment, the addenda and the planning document. (iii) The CONTRACTOR shall ensure that all sample results are evaluated according to the additional usability criteria specified in the planning document. Revised 1/4/06 DEP Agreement No. G0184, Attachment H, Page 4 of 10 6. PLANNING DOCUMENT a. The CONTRACTOR shall submit the planning document identified below to the DEP contract manager no later than 120 days prior to the commencement of field and laboratory activities. Failure to submit the planning document in this required timeframe shall result in a delay of approval to begin work until the document has been submitted to the Department and approved by the DEP contract manager. The document shall be submitted as a Quality Assurance Project Plan (QAPP) that is prepared in accordance with "EPA Requirements for Quality Assurance Project Plans, EPA QA/R -5 ", (EPA/240B- 01 /003 March 2001). 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 the properly identified planning document 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 of any revisions. 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. e. 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 equipment, changes in subcontractor organizations or changes in key personnel occur, the CONTRACTOR shall submit appropriate revisions of the planning document to the DEP contract manager for review. The proposed revisions may not be implemented until they have been approved by the DEP contract manager. If the CONTRACTOR fails to submit the required revisions, the DEP contract manager may suspend or terminate the Contract. h. When the approved planning document requires modification, the amendments shall be (i) Provided in a new planning document, or (ii) Provided as amended sections of the current planning document, or (iii) Documented through written or electronic correspondence with the DEP contract manager and incorporated into the approved planning document. 7. DELIVERABLES a. The following lists the expected schedule for the deliverables that are associated with the Quality Assurance requirements of this Contract: Revised 114/06 DEP Agreement No. G0184, Attachment H, Page 5 of 10 (i) Copy of DoH ELCP Certificate(s) and the associated list(s) of specific fields of accreditation, per item 2.d above. (ii) Non - standard laboratory or field procedures — The CONTRACTOR the DEP contract manager all required information necessary for standard procedures per items 2.h. and 3.b. above. (iii) Reports of planning review audits as specified in item 5.b. above. (iv) Statements of Usability as specified in item 5.d. above. (v) Planning document per Section 6, above. 8. CONSEQUENCES a. Failure to comply with any requirement of this attachment may result in: (i) Immediate termination of the Contract. (ii) Withheld payment for the affected activities. (iii) Contract suspension until the requirement(s) has been met. (iv) A request to refund already disbursed payments. (v) A request to redo work affected by the non - compliant activity. (vi) Other remedies available to the Department. Revised 1/4/06 DEP Agreement No. G0184, Attachment H. Page 6 of 10 shall submit to review of non- Addendum 1 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 samples from a sample collection matrix (see Table FA 1000 -1) are submitted to the laboratory under this Contract for analysis. The laboratory shall select one or more of the received samples for use in composition of the matrix spike and duplicates. b. The last time samples from the sample collection matrix are received and analyzed. The laboratory shall select one or more of the received samples for use in composition of the matrix spike and duplicates. c. Spike levels must be at the concentrations specified in item 3 below. d. If the selected sample concentration is expected to be below the Contract - specified practical quantitation limit (PQL) listed in the planning document, 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. The acceptance criteria for the LCS shall be specified in the planning document. b. If the LCS is unacceptable, the samples associated with the LCS shall be reprocessed with a new LCS. If the samples cannot be reprocessed, the data must be appropriately qualified. 3. For applicable analytes denoted in the planning document, a QC check sample, standard reference material (SRM) or other quality control sample, hereinafter identified collectively as quality control check samples (QCCS), shall be processed with each sample preparation batch and analyzed for evaluation according to the acceptance limits established for the QCCS. a. Analysis of a QCCS is required for but not limited to the following analyses: (i) Chlorophyll — the assay for the QCCS or its original formulation shall have been determined by an organization external to the laboratory ; (ii) Biochemical oxygen demand (BOD) or carbonaceous BOD (CBOD) — the method - specified glucose /glutamic acid check solution shall be used; and, b. If the QCCS is unacceptable, the samples associated with the QCCS shall be reprocessed with a new QCCS. If the samples cannot be reprocessed, the data must be appropriately qualified for all contracted samples in the preparation batch. 4. Spiking /Fortification Requirements All spike fortifications must take place prior to any required sample preparation steps (e.g., sample extraction, sample digestion, pH adjustment, 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 (i.e., below the MDL specified in the planning document), the spiking level must not be greater than 2 times the Contract - specified PQL. b. The concentration of a spiked sample cannot exceed 5 times the highest concentration of any contracted sample in the preparation batch. Revised 1/4/06 DEP Agreement No. G0184, Attachment H, Page 7 of 10 5. Evaluation of Matrix Spikes - The results of matrix spikes must meet the acceptance criteria specified by the Contract and listed in the planning document or the data must be appropriately qualified. a. If the failure is reported to be due to sample matrix interference, the laboratory shall document the process by which this conclusion is determined. 6. Evaluation of Laboratory Duplicate /Replicate Samples — All replicate samples (sample duplicates, matrix spike duplicates, LCS duplicates or other replicates) must be evaluated for a precision criterion not to exceed 20 % RPD. This criterion shall be listed in the planning document. a. In the event that laboratory replicate agreement is not observed, the laboratory must investigate the poor precision and report the results with appropriate qualifiers and /or comments. 7. Instrument Calibration — In addition to calibration procedures specified in the analytical methods listed in the planning document, the CONTRACTOR shall ensure that the following requirements are met: a. All sample results shall be chronologically bracketed between acceptable calibration verifications. b. Initial Calibration Requirements (i) The minimum number of calibration standards required to calibrate each instrument used for the contracted analyses shall conform to the analytical method approved in the planning document. If the minimum number of calibration standards is not specified in the method, the number must be specified in the planning document and shall be consistent with the NELAC Chapter 5 standards. (ii) Unless otherwise specified by the method, all sample results shall be based on the initial calibration curve responses. (iii) If linear regressions are used, the correlation coefficient shall be equal to or greater than 0.995 for all regressions. (iv) 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. Standards must have been prepared from a different lot or vendor. (v) The acceptance criteria for second - source verifications shall be specified in the planning document. (vi) Sample analysis cannot proceed if an initial calibration is unacceptable. c. 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) The acceptance criteria for continuing calibration verifications shall be specified in the planning document. (iv) For each analytical run, the analytical sensitivity must be evaluated using a continuing calibration standard prepared at the Contract - specified 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 -1607 F.A.C. unless the affected results are at least 10 times the absolute value of the observed bias of the PQL check. (v) If a continuing calibration verification fails, samples not chronologically bracketed by acceptable calibration verifications must be reanalyzed or appropriately qualified. Revised 1/4/06 DEP Agreement No. G0184, Attachment H, Page 8 of 10 d. Sample results below the Contract - specified PQL and above the highest calibration standard shall be appropriately qualified. 8. Quality Control Blanks a. If a Contracted analyte is detected in any analytical QC blank, the sample results that are associated with the blank must be reported with the appropriate qualifier from Chapter 62 -1607 F.A.C., unless the affected sample concentrations are at least 10 times higher than the calculated QC blank concentration. b. Sample results must be chronologically bracketed with acceptable beginning and ending analytical QC blanks. c. If a Contracted 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 concentration results associated with the blank are at least 10 times the calculated blank concentration. The laboratory must investigate the blank contamination to determine that positive blank results are not due to a laboratory error and report the affected samples and field - generated blank results with appropriate qualifiers and /or comments. 9. If any quality control measure or calibration verification fails (including those specified above), samples that are associated with the failure must be reanalyzed, if possible. Sample data that are associated with a failed quality control measure or calibration 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 listed in Chapter 62 -160, F.A.C. must be identified and defined in the report. 10. The reported MDL and PQL for each sample must be adjusted for dilution factors and any relevant preparation weights and volumes. Revised 1/4/06 DEP Agreement No. G0184, Attachment H, Page 9 of 10 Addendum 2 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. All microbiological analyses must conform to the requirements for facilities, personnel qualifications, equipment specifications and quality control measures discussed in AWWA Standard Methods 20th edition, section 9020. 2. Quality Control Blanks a. If the membrane filter technique is 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. 3. Laboratory Quality Control Duplicates a. At least 10% of the samples (or one per test run) shall be duplicated. b. All duplicate results shall be evaluated per method specifications using the precison criterion. The range of the transformed duplicates shall not exceed the precision criterion established by the laboratory. In the event that laboratory duplicate agreement is not observed, the laboratory must investigate the poor precision and report the results with appropriate qualifiers and /or comments. c. Field Quality Control Duplicates or Replicates - In the event that agreement (less than or equal the laboratory established precision criterion) is not observed between results from field - generated replicate samples, the laboratory must investigate the replicate analyses to determine that poor precision is not due to a laboratory error and report the results with appropriate qualifiers and /or comments. The laboratory shall use the analytical method specifications for precision control as a guide to evaluation of the field - generated replicate results. 4. Colony Counts a. In addition to the requirements listed below, all analytical results shall be calculated by the procedures established in the microbiological method(s) approved for the Contract and listed in the planning document. b. 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 the reported value is from a 100 mL sample and the count is less than 20). c. If all counts are above 60, the result shall be calculated and reported from the highest dilution. This result must be reported as "estimated ". d. The laboratory shall follow the reporting requirements specified in the method for other results that are outside the ideal range (item 5.b. above) e. If the sample result is "too numerous to count (TNTC)" the laboratory shall report the filtration volume with the data qualifier "T'. f. Colony counts from samples that have been verified shall be adjusted based on the verification results as specified in the analytical method approved for this Contract and listed in the planning document. Revised 1/4/06 DEP Agreement No. G0184, Attachment H, Page 10 of 10 ATTACHMENT CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION -LOWER TIER FEDERALLY FUNDED TRANSACTIONS DEP AGREEMENT NO: G0184 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. 2. 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. 3. 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 120 Authorized Signature /Contractor Typed Name /Title Contractor's Firm Name Street Address Building, Suite Number City/State /Zip Code Area Code /Telephone Number Form DEP 55 -220 (01/01) DEP Agreement No. G0184 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. G0184 Attachment 1, Page 2 of 2 ATTACHMENT J Contract Provisions All contracts awarded by a recipient, including small purchases, shall contain the following provisions as applicable: 10 Equal Employment Opportunity - All contracts shall contain a provision requiring compliance with Executive Order (E.O.) 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 2. Copeland "Anti- Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 2760 - All contracts and subgrants in excess of $2000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland "Anti- Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States "). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency. 3. Davis -Bacon Act, as amended (40 U.S.C. 276a to a -7) - When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000 shall include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 276a to a -7) and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction "). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the Federal awarding agency. 4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327 -333) - Where applicable, all contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 -333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 '/z times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 5. Rights to Inventions Made Under a Contract or Agreement - Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. DEP Agreement No. GO 184, Attachment J, Page 1 of 3 6. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.) - Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 7. Byrd Anti - Lobbying Amendment (31 U.S.C. 1352) - Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 8. Debarment and Suspension (E.O.s 12549 and 12689) - No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension." This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees. 9. Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and Section 1424(e) of the Safe Drinking Water Act (42 U.S.C. 300h -3(e)) - Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and Section 1424(e) of the Safe Drinking Water Act (42 U.S.C. 300h- 3(e)). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 10. Compliance with all Federal statutes relating to nondiscrimination - These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352), which prohibits discrimination on the basis of sex; (b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 795), which prohibits discrimination on the basis of handicaps; (c) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101- 6107), which prohibits discrimination on the basis of age; (d) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (e) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (f) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd -3 and 290 ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (h) any other nondiscrimination provisions in the specific statute(s) made; and, (i) the requirements of any other nondiscrimination statute(s) that may apply. 110 Compliance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) that provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. DEP Agreement No. GO 184, Attachment J, Page 2 of 3 12. Compliance with the provisions of the Hatch Act (5 U.S.C. 1501 —1508 and 7324 — 7328) that limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Compliance, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93 -234) that requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 149 Compliance with environmental standards which may be prescribed to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91 -190) and Executive Order 11514; (b) notification of violating facilities pursuant to E.O. 11738; (c) protection of wetlands pursuant to E.O. 11990; (d) evaluation of flood hazards in floodplains in accordance with E.O. 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); (f) conformity with Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93 -523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93 -205). 15. Compliance with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 16. Compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), E.O. 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a -1 et seq.). 17. Compliance with P.L. 93 -348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 18. Compliance with the Laboratory Animal Welfare Act of 1966 (P.L. 89 -544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this Agreement. 190 Compliance with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) that prohibits the use of lead -based paint in construction or rehabilitation of residence structures. 209 Compliance with the mandatory standards and policies relating to energy efficiency that are contained in the State energy conservation plan issued in accordance with the Energy Policy and Conservation Act (Pub. L. 94 -163, 89 Stat. 871). DEP Agreement No. GO 184, Attachment J, Page 3 of 3 ATTACHMENT K REGULATIONS Formal regulations concerning administrative procedures for EPA grants appear in Title 40 of the Code of Federal Regulations. Grant program administrative regulations appear in Subchapter B; other regulations of general applicability appear in Subchapter A. Other EPA regulations also impact grant programs. The following list contains regulations and Office of Management and Budget Circulars which may apply to the work performed under this Agreement. Subchapter A - General 40 C.F.R. 4 Uniform relocation assistance and real property acquisition for federal and federally assisted programs 40 C.F.R. 12 Nondiscrimination on the basis of handicap in programs or activities conducted by EPA 40 C.F.R. 29 Intergovernmental review of EPA programs and activities 40 C.F.R. 30 Uniform administrative requirements for grants and agreements with institutions of higher education, hospitals and other nonprofit organizations Subchapter B — Grants and Other Federal Assistance 40 C.F.R. 31 Uniform administrative requirements for grants and cooperative agreements to state and local governments 40 C.F.R. 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, grants 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 DEP Agreement No. GO 184, Attachment K, Page 1 of 1 Meeting Type: Regular Meeting Date: 05 -16 -06 AGENDA Heading Ordinances -1St Reading Item No. 5 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 07 -2006, AMENDING CHAPTER 98, DIVISION 3, PRELIMINARY PLAT DEPT/DIVISION: GROWTH MANAGEMENT/P &Z Requested Action: City Council consider at first reading Ordinance No. 07 -2006, amending Chapter 98, Division 3, Preliminary Plat, as recommended by the Planning & Zoning Board, Summary Explanation & Background: See City Attorney's letter dated 03- 03 -06. I recommend approval. Exhibits Attached: P &Z memo dated 05 -05 -06 /City Attorney letter dated 03 -03 -06 /Ordinance City Managp�"ffice Department GROWTH MGMT/P &Z ca \k1m\w9crocb men admin \counci 7Eeetin4 \2006 \05- 16- 06 \07- 2006.doc City of Cape Canaveral To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Regarding: Proposed Ordinance Regarding Preliminary Plat Approval ------------------------------------------------------------------------------------------------------------ At the Planning & Zoning Board meeting, held on April 26, 2006, by unanimous vote, the Board recommended approval of the above referenced proposed ordinance. Please schedule this item for the next City Council meeting agenda. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920 -0326 Telephone: (321) 868 -1222 • SUNCOM: 982 -1222 • FAX: (321) 868 -1247 wwwmyflorida.com /cape • email: ccapecanaveral @cfl.rr.com Page 1 of 1 Susan Chapman From: Todd Peetz [TPeetz @millerlegg.com] Sent: Thursday, April 27, 2006 9:18 AM To: Bennett Boucher; Todd Morley; chapman- cape @cfl.rr.com; Duree Alexander; Public Works Dir, Cape Canaveral; Andy Kirbach; jpekar @stottlerstagg.com; John Cunningham; Beatrice McNeely Subject: 4/26/06 P &Z Meeting Review Team, The FYI from Wednesday night's P &Z meeting. 1) Meeting Minutes - Minutes for 4/12/06 were approved 5 -0. 2) Special Exception 06 -03 to allow Outside Storage in M -1 (Art Berger) - The Board recommended to the BOA for outside storage be approved with the following conditions 1) Clearly marked parking spaces. 2) No vehicle maintenance be permitted. 3) Licensed vehicles only may be stored. 4) The property meet all the requirements of the Zoning district. Approved 5 -01 3) Site Plan Approval of Public Works Maintenance Building - The Board recommended to Council that the site plan be approved 5 -01 4) Extension of Beachside Townhomes preliminary replat for 6 months - The Board recommended to City Council that the extension of 6 months for Beachside Townhomes be approved 5 -0. 5) Proposed Ordinance regarding Preliminary Plat Approval - The Board Recommended to City Council to approve the proposed code changes 5 -0. Meeting Adjourned approximately 9:05 pm This overview does not replace the minutes, and are very generalized notes only. If you have any questions please give me a call. Todd Peetz Senior Planner Miller Legg & Associates, Inc. 631 South Orlando Ave., Suite 200 Winter Park, FL 32789 407 - 629- 8880(fax)407- 629 -7883 T&g!4@Millerlpcyt�.com NY)YNani llerlegg, eon Improving Communities, Creating Environments 05/05/2006 BROWN, GARGANESE, WEISS & UAGRESTA, P.A. Debra S. Babb- Nutcher° Usher L. Brown' Suzanne D'Agresta° Anthony A. Garganese° J.W. Taylor Jeffrey S. Weiss 'Board Certified Civil Trial Lawyer "Board Certified City, County & Local Government Law Via Email and U.S. Mail Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 Attorneys at Law Offices in Orlando, Kissimmee Joseph E. Butch & Cocoa Scott J. Dornstein Andrew M. Fisher Katherine W. Latorre Paul H. McLester Amy J. Pitsch March 3, 2006 Re: City Council Preliminary Plat Approval (City of Cape Canaveral 513 -001) Dear Bennett: Erin J. O'Leary Of Counsel This letter is in response to your email correspondence dated February 27, 2006 in which you asked whether the City's current practice of having the City Council approve preliminary plats is necessary given that the City Code provides for such approval to be subject to a final decision of the Planning and Zoning Board. Section 177.071, Florida Statutes, provides that before a plat is recorded, it must be approved by the appropriate governing body — in the City's case, the City Council — and that evidence of such 2pprc.ia1 be Nlaced on ; the plat. See § 4177.071 (1), Fla, Stat. This section further provides that the governing body has exclusive jurisdiction to approve the plat. See id. at § 177.071(1)(a). As you know, the City Code's current provisions regarding the plat approval process are not entirely consistent with the above -cited statutory provisions. As it is currently written, the City Code requires in section 98 -46 that the Planning and Zoning Board review preliminary plats and express its approval or disapproval of the same within 30 days. There is no provision in the City Code which requires or even provides for the City Council to review or express approval or disapproval of preliminary plats. In contrast, final plat review requires the Planning and Zoning Board to recommend to the City Council either approval or disapproval of final plats. See § 98 -61, City Code. Following the Planning and Zoning Board's recommendation, the City Council makes the final decision, in resolution form, whether to approve or disapprove final plats. See id. Notwithstanding the City Code's current provision giving the Planning and Zoning Board the 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 (866) 425 -9566 Website: www.orlandolaw.net • Email: firm @orlandolaw.net Bennett Boucher, City Manager March 3, 2006 Page 2 authority to approve or disapprove preliminary plats, the City consistently subjects final plat approval to a decision of the City Council. It is our recommendation that the City Council, and not the Planning and Zoning Board, continue to make all final determinations with regard to preliminary plat approvals pursuant to Florida law. Once preliminary plat approval is granted, an applicant is likely to rely on that approval, raising several legal issues that place the City Council in a weak position upon its review of the final plat. By way of example, in Charlotte County v. Vetter, 863 So. 2d 465 (Fla. 2d DCA 2004), the County Commission granted approval of a preliminary plat to a developer seeking to develop a 92- acre parcel incorporating both commercial and industrial uses. Subsequent to the County's preliminary approval, the Commission, experiencing second thoughts about the type of industrial development planned for the project, advised the developer that it was contemplating changing the zoning of the area. The County adopted the zoning amendment and proceeded to seek numerous new requirements of the developer's project in order for him to obtain final plat approval. The Court found that although the developer had not received a building permit or made physical changes to the parcel, he did significantly rely on the County's preliminary plat approval to his clear and substantial detriment. Id. at 469. The Court essentially found that the developer's rights had vested, pursuant to the preliminary plat approval, under the doctrine of equitable estoppel once the developer subsequently relied on that approval by entering into several contractual obligations. Id. Under the Vetteranalysis, if the Planning and Zoning Board were to maintain final decision - making authority with regard to preliminary plats without further City Council review and approval, the City Council would be unable to disapprove a particular plat that was previously approved by the Planning and Zoning Board. Any reliance on an approval of a preliminary plat would vest in the applicant the right to develop its property pursuant to the preliminary plat, thereby stripping the City Council of any real ability to make an independent decision with regard to the final plat. The City Council would play a mere ministerial role with regard to the plat approval process in violation of Florida law which requires that the governing body approve all plats. Furthermore, as written, section 9846, City Code, is likely considered an unlawful delegation of authority because plat approval is vested by statute in the City Council, See Chapter 177, Fla, Stat. In order to remedy the City Code's provisions regarding preliminary plat approval, I have enclosed a draft ordnU nc f or your consideration. Tlie ordinance clarifies Chapter 98 of the City Code with regard to the preliminary plat approval process consistent with Florida law. If the ordinance is to your liking, please schedule the same on the next available Planning and Zoning Board Meeting agenda for its review and recommendation to the City Council. Please contact my office should you desire to discuss this matter further. Very Truly Yours, Kate Latorre Assistant City Attorney Enclosure ORDINANCE NO.aI2006 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 98, SUBDIVISIONS, ARTICLE H. PLATS, DIVISION 3. PRELIMINARY PLAT; CLARIFYING THE ROLE OF THE PLANNING AND ZONING BOARD REGARDING PRELIMINARY PLAT APPROVAL; PROVIDING FOR THE CITY COUNCIL TO MAKE FINAL DECISIONS REGARDING THE APPROVAL OR DISAPPROVAL OF PRELIMINARY PLATS; 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, section 177.071 (1), Florida Statues, requires that before a plat is offered for recording, it be approved by the legal governing body of a municipality; and WHEREAS, section 98 -46 currently provides for the City's Planning and Zoning Board to express approval or disapproval of preliminary plats with no further review by the City Council; and WHEREAS, section 98 -46 is inconsistent with the requirements of section 177.071 (1), Florida Statutes; and WHEREAS, although the City Council makes the final decision with regard to the approval or disapproval of final plats, it should also maintain this authority with regard to preliminary plats in order to ensure compliance with Florida law; 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 98 of the Code of Ordinances, City of Cape Canaveral, City of Cape Canaveral Ordinance No. _ -2006 Page 1 of 3 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 98. It is intended that the text in Chapter 98 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 98. SUBDIVISIONS ARTICLE II. PLATS DIVISION 3. PRELIMINARY PLAT Sec. 9846. Planning and zoning board and city council review procedure. (aj The planning and zoning board shall review the subdivision preliminary plat and other material submitted for conformity with this Code and may negotiate on changes deemed advisable and shall either exptess recommend, in writing, its approval or disapproval to the city council within 30 days. All recommendations, conditions and changes shall be noted on two copies of the preliminary plat by the chairman of the board or designated representative. L12). Upon receipt of the planning and zoning board's recommendation, the city council, at their next regularly scheduled meeting shall vote to either accept or reject the board's recommendation. Sec. 9847. Time limit. The city council's approval of a preliminary plat shall be valid for a period of six months. If an applicant has not obtained a construction permit, been granted one six -month extension of time by the board on a demonstration of good cause, or made final plat approval within six months of the city council's preliminary plat approval, the preliminary plat approval shall be revoked and the applicant must re -apply under the provisions of this chapter. 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 City of Cape Canaveral Ordinance No. _ -2006 Page 2 of 3 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 2006. ROCKY RANDELS, Mayor ATTEST: SUSAN STILLS, City Clerk First Reading: Legal Ad published: Second Reading: For Against Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney Bob Hoog Jim Morgan Leo Nicholas Rocky Randels Buzz Petsos City of Cape Canaveral Ordinance No. _ -2006 Page 3 of 3 ORDINANCE NO. 08-2006 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 26, ELECTIONS, OF THE CODE OF ORDINANCES; CHANGING THE QUALIFYING PERIOD FOR CANDIDATES AND WRITE -IN CANDIDATES FOR THE OFFICES OF THE MAYOR AND CITY COUNCIL TO BE CONSISTENT WITH THE REQUIREMENTS OF THE BREVARD COUNTY SUPERVISOR OF ELECTIONS, 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, the Brevard County Supervisor of Elections now requires that all qualifying for municipal candidates be complete and submitted to the Brevard County Elections Office no later than September 4, 2006, the 64th day prior to the general election; and WHEREAS, under sections 26 -3 and 26-4 of the Cape Canaveral Code of Ordinances, the qualifying period for candidates and write -in candidates for the offices of the Mayor and City Council are inconsistent with the Brevard County Supervisor of Elections' deadline; and WHEREAS, the City Council desire to amend the City's qualifying periods to be consistent with the requirements of the Brevard County Supervisor of Elections and to allow the City Clerk's office an adequate time period to compile and transmit to the Brevard County Supervisor of Elections all information pertaining to candidates seeking election to municipal office; 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 26, Elections, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and st, ikeottt City of Cape Canaveral Ordinance No. 08 -2006 Page I of 3 type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 26, Elections. It is intended that the text in Chapter 26, Elections denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 26. ELECTIONS MVIUM Sec. 26 -3. Qualifying period — Generally. The qualifying period for candidates for the offices of the mayor and city council shall be at any time after 12:00 noon of the 34th 81 st day prior to the general election and no later than 12:00 noon of the 60th 67th day prior to the date of the general election. Sec. 264. Same — Write -in candidates. The qualifying period for write -in candidates for the offices of the mayor and city council shall be at any time after 12:00 noon ofthe 63Td 70th day prior to the date ofthe general election and no later than 12:00 noon of the 60th 67th day prior to the date of the general election. 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. City of Cape Canaveral Ordinance No. 08 -2006 Page 2 of 3 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 2006. ATTEST: SUSAN STILLS, City Clerk First Reading: Legal Ad published: Second Reading: ROCKY RANDELS, Mayor For Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney Bob Hoog Jim Morgan Leo Nicholas Rocky Randels Buzz Petsos City of Cape Canaveral Ordinance No. 08 -20U Page 3 of 3 Against Meeting Type: Regular Meeting Date: 05 -16 -06 AGENDA REPORT AGENDA Heading Site Plans Item No. 6 CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: SITE PLAN — PUBLIC WORKS MAINTENANCE BUILDING DEPT/DIVISION: PUBLIC WORKS Requested Action: City Council consider approval of the public .works maintenance building site plan as requested by the public works director and recommended by the Planning & Zoning Board, Summary Explanation & Background: The site plan is for a. new 9,600 square foot metal building. I recommend approval. Exhibits Attached: 1. P &Z recommendation letter dated 05 -07 -06 2. Public works memo dated 04 -28 -06 3. Site plan application 4. City planner report 5. Staff comments 6. Site plan (hand -out) City Manager's OiT�ce Department cape -nt ydocunt6 t ouncil\ meeting \2006 \05 -16 -06 \maintenence bldg.doc City of Cape Canaveral S as 9'` To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Regarding: Public Works Maintenance Building Site Plan At the Planning & Zoning Board meeting, held on April 26, 2006, by unanimous vote, the Board recommended approval of the above referenced Site Plan. Please schedule this site plan for the next City Council meeting agenda. Attached are (8) copies of the site plan. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920 -0326 Telephone: (321) 868 -1222 • SUNCOM: 982 -1222 • FAX: (321) 868 -1247 wwwmyflorida.com /cape • email: ccapecanaveral@cfl.rr.com MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: April 28, 2006 SUBJECT: City Council Agenda Item for May 16`h 2006 Approval of Public Works Facility Site Plan On April 26, 2006 the Planning and Zoning Board approved the Public Works Facility Site Plan. This site plan consisted of the addition of a maintenance building and a treatment facility operation building. Recommend the approval of the Public Works Facility Site Plan. Attachment CC: File PLA Project Name.. 1.,f RESIDENTIAL: n)a-- 1, 2 & 3 Residential Units .................... .........................TOTAL: $37.50 h (4) or more Residential Units $50.00 (1st (4) Units), plus $7.50 per unit thereafter: _ at Units at $50 & Units 7. -_ _ S 50 =TOTAL: ....:..::::.:::$ CON/11MERCLAL: 5150 per acre of land, or portion thereof. 0.3<o Acres X $150 TOTAL.,..... y5Q..o o SITE PLAN EXTENSION TOTAL:.. $150600 SITE PLAN RESUBMISSION: 500 of original fee......... TOTAL :..............$ DEPOSIT TOWARDS REVIEW FEES:______ ____ ___________ __________ RESIDENTIAL: 1- 4 Units ....:................. $700.00 Over 4 Lnits .................. 51,500.00 CO.'1MERCL1kL: Up to 4 Acres"." 619 *%even* 8051,5500. 00 �-- Over 4 up to 8 Acres....152,000.00 Over 8 Acres"". Iwo,, W66114 053.? 0000 00 Total Acres: O • Office Use Only: Escrow :Account # 1- 20Z_2400 TOTAL REti7.EW DEPOSIT RECEIVED: $ TOTAL SITE PLAN SUBMITTAL FEE RECEIVED: S PAID RECEIPT NO. DATE RECV'D FEE: PROJECT NAN E: DATE. LEGAL. DESCRIpTZOi: 60� OWNIR(S) 0117N7ER S () ADDRESS: Go @ . PHONE r'Z1'IBER: hAtiIE OF C 'TECT/Ej=GrN �EER._ PHONE NT XIBER: (?l Sots A.PPLICA.N, r,S SIGNATURE: PHOLN�E NjT,*VIBER: 119 ` I ` ere-&L. OWNER OR AGEINT Meeting Type: Planning & Zoning Meeting Date: 04/26/06 AGENDA Heading Site Plan Revision Item No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: Public Works Maintenance Buildings Site Plan Revision f DEPT./DMSION: Building Department Requested Action: Review and recommend to City Council the proposed site plan revisions for the public works maintenance buildings. Summary Explanation &Background: te ldnThe mainnance buildings - were removed (1,100 s.f) and enlarged (11,000 s.f.) with a total change of just under 10,000 s.f. The Purpose of the maintenance buil dings is_for storage -- - - -- -- - -__ ___ -- _- - -- -_ -_- _ _ -_ _ Exhibits Attached: A) Application for site plan review B) Review Staff Comments C) Site Plan City Manager's Office Department City of Cape Canaveral Site Plan Maintenance Buildings for Treatment Plant Applicant: Location: Proposed Amendment Acreage: Permitted DU per acre: City of Cape Canaveral, Public Works Department Range: 37 Township: 23 Section: 24 0.36 +/- Acres N/A Proposed Number of Units: _ NA - _11,100 square feet (building area - - - Proposed Density: N/A Current Future Land Use. PUB Current Zoning: R -3 - - - - -- Description: _ - - - - -- -- - -- The applicant proposes to build two (2), maintenance buildings. The buildings will be constructed in two phases. Phase I proposes to construct a 9,600 square foot maintenance building. Phase H proposes to construct a 1,500 square foot maintenance building. The subject site is located at 601 Thurm Boulevard, Comp Plan Existing Conditions North R -3 Conservation Park South Banana River Banana River Banana River East R -3 Residential R -3 Residential Single Family Residential West Banana River Banana River Banana River Public Services and Facilities in Amendment Area: The proposed development will enhance Public Works Water Reclamation facility. No significant negative impact on public services is projected to result from the proposed development. AlA is operating at Level of Service "A" with 283 available peak hour trips between North City Limits to Central Blvd. AlA from Central Blvd to North Atlantic has a level of Service is "A" with 325 excess trips. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.26 MGD with an excess capacity of .54 MGD. The project is not going to generate additional wastewater. There is adequate wastewater treatment capacity available. The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD. Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6 MGD available. The project is not anticipated to generate additional water usage. There is adequate potable water service available with the proposed change. Brevard County provides facilities for solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. Environmental Description of Amendment Area: The site consists of a Canaveral Complex, gently undulating (Ca) sand soil type. This complex consists of nearly level and gently sloping soils that are mixtures of sand and shell fragments. The water table is between depths of 10 and 40 inches for 2 to 4 months a year. In dry seasons it is below a depth of 60 inches. There appear to be no wetlands on site. Wetland determinations or verification are permitted by St. Johns River Water Management- District. There is no known - Aquifer Recharge or Floodplain areas - associated with this parcel. There are also no known endangered species living on the site. Historical and Archaeological Resources in Amendment Area: There are no known historical or archaeological resources on site. Population Projections and Trends: Not Applicable. Memorandum To: Todd Morley, Building Official From: Todd Peetz, City Planner Date: March 17, 2006 Re: Maintenance Buildings for Treatment Plan I have reviewed the City of Cape Canaveral Maintenance Building Site Plan and my comments have been addressed. If you have any questions, or need. further information' please feel free to - - - - - -- co-nt� me at _�07= X29 ° =8 ,,. _ _ ___, m MEMORANDUM TO: Todd Morley, Building Official _- Todd- Peetz - - -__ _- -__ _ - -- __ City Planner FROM: Ed Gardulski Public Works Director DATE: March 14, 2006 RE: Public Works Department Maintenance Building ' Site Plan_ Review - - -- - -- -- i The Public Works Department has reviewed the submittal of the site plan review for the above referenced project. All prior comments and concerns have been satisfactory addressed. The Public Department does not have any, further comments.. Further review will be conducted during the permitting process for compliance of all local and state codes. The Engineer of Record is responsible for any requirements not identified by the City. i i i To: Todd Morley, Building. offcial From: Shannon McNally, Fire Inspector Re: Water Reclaim Facility Maintenance Building Site plan Date: 03 /21/06 x 4VyaIU.LIGI.ILs requiremen this f time ., x Station #1 Jackson Avenue • Cape Canaveral, Florida 32920 (321) 783 -4777 • Fax: (321)783 -5398 Station #2 8970 Columbia Road • Cape Canaveral, Florida 32920 (321) 783 -4424 • Fax: (321) 783 -4887 www.ccvfd.org f IL t e ki i zwe Station #1 Jackson Avenue • Cape Canaveral, Florida 32920 (321) 783 -4777 • Fax: (321)783 -5398 Station #2 8970 Columbia Road • Cape Canaveral, Florida 32920 (321) 783 -4424 • Fax: (321) 783 -4887 www.ccvfd.org March 24, 2006 _---- - - - -Mr Todd-Peetz-------_-----..___----- Miller -Legg & Associates 631 S. Orlando Ave, Suite 200 Winter Park, FL 32789 RE: Site Plan Review — Maintenance Building for Treatment Plant - Review #1 SSA Job No. 05 -00251 021 -1004 recommends said plan for City approval. 1 r This review does not relieve the applicant from other local, state, and federal agencies having jurisdiction over the project site. Shouid.you have any questions regarding this letter, please do riot hesitate to call. Sincerely, Stottler Stagg & Associates Architects, Engineers, Planners, Inc. John A. Pekar, PE Sr. Vice President - City Engineer City Engineer's Review Fee for Review #1- .$1,500.00 NOTICE OF ADDITIONAL FEES .. As this project is being reviewed under the original City contract, Engineering Fees for all reviews after 2 "d review will be billed at $95.00 per hour. • • ENGINEERS PLANNERS, INC. 8630 North Atlantic Avenue P. O. Box 1630 Gape Canaveral, Florida 32920 Tel 321 - 783 -1320 J: ICNILIProjectslCAPEU- mainlenanee bldg treatment plant -1 approTvjitdhA AC000329 fEB0000762 nLB0006700 Fax 321- 783 -7065