CITY OF TITUSVILLE

COUNCIL AGENDA

June 8, 2021
6:30 PM - Council Chamber at City Hall
555 South Washington Avenue, Titusville, FL 32796
In order to help prevent the spread of the COVID-19 (Coronavirus) and to comply with all
local, state, and federal laws and guidelines regarding social distancing rules, designated
seating shall be provided for the public at City Council and other City Boards meetings.
Individual speakers shall, when directed to do so, be given the opportunity to speak on
agenda items during the meetings in accordance with City of Titusville policies and
Resolution No. 36-2020. No tripods, easels, props, or other demonstrative aids shall be
brought into public meetings of Council and City Boards. Speakers are permitted to have a
sign with them during their designated speaking time provided that the sign is held by the
speaker and is to be removed at the conclusion of their speaking time. Speakers who
appear in person will be subject to screening for symptoms of COVID-19 and any persons
exhibiting any symptoms of COVID-19 will not be permitted to enter City Hall or public
meetings of Council and City Boards. As an additional method for public participation, the
public may submit written comments, via email to [email protected] or by regular
mail to City Council's attention at City Hall, 555 South Washington Avenue, Titusville, FL
32796. Written comments must be received by 5:00 p.m. prior to the start of the meeting
and include the senders name, address and the subject line must specify the agenda item
being addressed. All comments will be disseminated to the Council members and made a
part of the public record prior to any action being taken.

Any person who decides to appeal any decision of the City Council with respect to any
matter considered at this meeting will need a record of the proceedings, and for such
purpose, 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.

Applicants for land use and zoning related items are advised that the resumes of staff
members who prepare applicable staff reports are on file in the City Clerk's Office.

The City desires to accommodate persons with disabilities. Accordingly, any physically
handicapped person, pursuant to Chapter 286.26 Florida Statutes, should, at least 48 hours
prior to the meeting, submit a written request to the chairperson that the physically
handicapped person desires to attend the meeting.
1. CALL TO ORDER
2. INVOCATION

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 A moment of silence will be held.
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF MINUTES
A. Minutes
Approve the minutes of the regular City Council meetings on
April 13, 2021 and May 11, 2021.
5. SPECIAL RECOGNITIONS & PRESENTATIONS
6. BOARDS AND COMMISSIONS
A. Titusville Environmental Commission
The Titusville Environmental Commission's semi-annual written
report is included in the agenda packet. No action is required.
B. Titusville Environmental Commission (TEC) - Leave of
Absence
Approve TEC Member Michael Myjak's four month leave of
absence from July 2021 through October 2021.
7. PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NON-AGENDA
ITEMS)
8. CONSENT AGENDA
A. Resolution No. 19-2021 - Advisability for Right of Way
(ROW) Application No. 1-2021
Adopt Resolution No. 19-2021 declaring that the City Council
will hold a public hearing to consider the vacating, abandoning,
and discontinuing of certain public right-of-way on July 13,
2021 at 6:30 p.m. in the Council Chamber located at 555
South Washington Avenue.
B. 2021 U.S. Environmental Protection Agency (EPA)
Brownfields Community-Wide Assessment Grant
Accept grant funding in the amount of $300,000 from the U.S.
Environmental Protection Agency (EPA) for a Brownfields
Community-Wide Assessment Grant and approve the
associated budget amendment to authorize the expenditure of
grant funds.
C. Budget Amendment - Solid Waste Vehicles
Approve budget amendments in the amount of $854,000 from
Public Works Impact Fees, unbudgeted revenue and working
capital to fund the expansion of the automated sideloader fleet
and rearloader fleet due to the impact of the City's growth.
Additionally, fund the expansion of the automated sideloader
reserve fleet and approve the associated budget amendments
and creation of capital outlay projects.

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 D. Generator Maintenance Contract Award for Water
Resources
Approve the award of a contract to Csonka All Tech of
Titusville, FL as primary contractor and CJ's Sales and
Services of Ocala, FL as the secondary contractor to provide
maintenance services of Water Resources' generators, in the
annual amount of $50,000, with an initial term of one (1) year
and two (2) optional one-year renewals; and authorize the
Mayor to execute the contract.
E. Purchase of Software Upgrades for the Water
Reclamation Facilities Operating Systems
Approve the purchase of two AVEVA Intouch System Platform
2020 and the associated supporting items from Insource
Solutions of Richmond VA in the amount of $60,100.17 to
upgrade the WonderWare Software at both Water Reclamation
Facilities, approve a budget amendment to fund the purchase,
and authorize the Mayor to execute the contract.
F. Lease Acquisition of Two Streetsweepers
Approve the acquisition of two new streetsweepers from
Environmental Products of Florida from Apopka, Florida under
a 4-year lease agreement with Leasing 2, Inc. from Tampa,
Florida in the amount of $95,710.23 annually,
and a maintenance agreement in the amount of $14,400
annually. Additionally, authorize the Mayor to execute all the
necessary agreement documents subject to the resolution of
agreements terms and conditions by the City Manager and City
Attorney, create associated capital outlay project and approve
the associated budget amendment.
9. ORDINANCES – SECOND READING, PUBLIC HEARING AND
RELATED ACTION
A. Ordinance No. 12-2021 Relating to Temporary Offices in
Industrial Zoning
Conduct the second public hearing for Ordinance No. 12-
2021 amending Chapter 28 “Zoning” of the Land Development
Regulations to allow temporary offices as an accessory use in
Industrial zoning classifications and specifying standards;
specifically amending Section 28-342 “Accessory use table” and
creating Section 28-374 “Temporary offices”; providing for
severability; repeal of conflicting ordinances; for an effective date
and for incorporation into the code.

The Planning and Zoning Commission considered this

ordinance on June 2, 2021 and recommended approval
as written with the following recommended changes:
under (c)(1)b. the administrator may approve the two (2)
months extension and City Council may provide
additional extensions after the initial two (2) month

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 extension. Also add to Subsection h. temporary pervious
parking may be approved during site plan process of site
permits by the Administrator. The motion carried with a 7-
0 vote.
B. Ordinance No. 13-2021 - Impact Fee Credit Transfers
Conduct the second reading of Ordinance No. 13-
2021 amending the Code of Ordinances Chapter 34
“Procedures” to include provisions related to transfer of impact
fee credits consistent with State law, specifically amending
Section 34-426 “Impact fee credits”; providing for severability,
repeal of conflicting ordinances, an effective date and
incorporation into the code.

The Planning and Zoning Commission considered this

ordinance during their meeting on May 19, 2021 and
recommended approval as presented, 7-0.
C. Ordinance No. 15-2021 Relating to Breweries
Conduct the first reading and first public hearing Ordinance No.
15-2021 amending Chapter 28 “Zoning” of the Land
Development Regulations to add craft brewery/craft distillery as a
permitted use with limitations in the Tourist (T), Community
Commercial (CC), Downtown Mixed Use (DMU), Shoreline Mixed
Use (SMU), Regional Mixed Use (RMU) and Urban Village (UVv)
zoning districts, amending the permitted use with limitations to
require a conditional use permit in the Urban Mixed Use (UMU)
zoning district, and amending the definition and standards of craft
brewery/craft distillery and removing microbrewery as a permitted
use with limitations in the Downtown Mixed Use (DMU) zoning
district; specifically amending Section 28-54 “Use table”, Section
28-204 “Craft brewery/craft distillery” and deleting Section 28-213
“Microbrewery”; providing for severability; repeal of conflicting
ordinances; for an effective date and for incorporation into the
code. (This is the first reading and first public hearing. The
second and final public hearing is scheduled for July 13,
2021 at 6:30 PM.)

The Planning and Zoning Commission considered this

ordinance on June 2, 2021 and recommended approval
with the following recommendation to change any zoning
category that allows residential uses to require a
conditional use where the proposed brewpub is within
100 feet of a residential use, otherwise the brewpub use
shall be permitted as a limited use. The motion carried
with a 7-0 vote.
10. ORDINANCES-FIRST READING
A. Ordinance No. 16-2021 Grease Interceptors
Conduct the first reading of Ordinance No. 16-2021 amending

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 the Code of Ordinances to amend Chapter 21, Article III,
Division 8 “Grease Interceptors” of the Code of Ordinances to
provide flexibility to existing facilities requiring a grease
interceptor; by amending section 21-240(a)(1), 21-240(a)(2),
21-240(c)(2), 21-240(c)(3) and deleting section 21-240(c)(1);
providing for severability, repeal of conflicting ordinances, an
effective date and incorporation into the code. (This is the
first reading. The second reading and public hearing is
scheduled for the regular City Council meeting on July
13th, 2021 at 6:30 p.m.)
11. OLD BUSINESS
12. NEW BUSINESS
A. Sand Point Park Sewer Spill Update
Authorize the City Manger to execute Consent Order 21-0113
with the Florida Department Environmental Protection.
13. PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NON-AGENDA
ITEMS)
14. MAYOR AND COUNCIL REPORTS
A. Mayor's Report
The Mayor's Report is included in the agenda packet.
B. Council Reports
City Council Members will provide their individual reports.
15. CITY MANAGER’S REPORT
A. City Manager's Report
The City Manager's Report is included in the agenda packet.
16. CITY ATTORNEY’S REPORT

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City Council Regular - June 8, 2021 - 6:30 PM

Category: 4.
Item: A.
City of Titusville

To: The Honorable Mayor and City Council

From: William S. Larese, City Manager
Subject: Minutes
Department/Office: City Clerk

Recommended Action:
Approve the minutes of the regular City Council meetings on April 13, 2021 and May 11, 2021.

Summary Explanation & Background:

NA

Alternatives:
NA

Item Budgeted:
NA

Source/use of funds/Budget Book Page:

NA

Strategic Plan:

Strategic Plan Impact:

NA

ATTACHMENTS:
Description Upload Date Type
Draft Minutes - April 13, 2021 6/1/2021 Backup Material
Draft Minutes - May 11, 2021 5/28/2021 Backup Material

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City Council Regular - June 8, 2021 - 6:30 PM

City Council
Regular Meeting
April 13, 2021

The City of Titusville City Council met in regular session on Tuesday, April 13, 2021, at Titusville
City Hall, second floor, Council Chamber, 555 South Washington Avenue, Titusville, Florida 32796.
Mayor Diesel called the City Council meeting to order at 7:25 p.m. Those present in the Council
Chamber included Mayor Daniel Diesel, Vice-Mayor Jo Lynn Nelson and City Council Members
Joe Robinson, Robert Jordan, and Sarah Stoeckel. Also present were City Manager Scott Larese,
City Attorney Richard Broome, and City Clerk Wanda Wells. Sr. Administrative Assistant Caitlin
Rodriguez completed the minutes.

xxx

Mayor Diesel requested a moment of silence. He then led those present in the Pledge of Allegiance
to the Flag. City Clerk Wanda Wells read the procedures for public comment and participation.

xxx

APPROVAL OF MINUTES

Motion:
Member Jordan moved to approve the minutes of the regular City Council meetings on
January 26, 2021 (5:30 p.m.), February 9, 2021 and March 9, 2021 and the special City Council
meeting on February 18, 2021, as submitted. Vice-Mayor Nelson seconded the motion. The roll call
vote was as follows:

Member Robinson Yes

Member Jordan Yes
Mayor Diesel Yes
Vice-Mayor Nelson Yes
Member Stoeckel Yes

The motion carried unanimously.

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SPECIAL RECOGNITIONS & PRESENTATIONS

Proclamation - Pastor Peter Lord Day – City Manager Larese read a proclamation that Mayor Diesel
presented proclaiming March 4, 2021 as Pastor Peter Lord Day.

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Draft Minutes – April 13, 2021

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City Council Regular - June 8, 2021 - 6:30 PM

Arbor Day Proclamation 2021 – Each year the City celebrates Arbor Day on the last Friday in April
with the Mayor's signing of an Arbor Day Proclamation. The celebration of Arbor Day supports the
City's continued recognition as a Tree City USA. No action was required by Council.

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BOARDS AND COMMISSIONS

North Brevard Commission on Parks and Recreation – The North Brevard Commission on Parks and
Recreation semi-annual written report was included in the agenda packet. No action was required.

xxx

Student Advisory Council – City Manager Larese advised that the 9th grade student representative
from Astronaut High School forfeited membership on the Student Advisory Council, as provided in
City Code Section 2-53. City Manager Larese advised that this item was provided for informational
purposes only and no action was required.

xxx

Titusville Environmental Commission (TEC) - Leave of Absence – The request was for the City
Council to approve regular member Jim Yount’s leave of absence from regularly scheduled meetings
in the months of June, July, and August 2021.

City Manager Larese advised that Member Yount was a professor and his course schedule conflicted
with the regularly scheduled TEC meetings for the three months he was requesting leave. Staff
recommended Council approve his leave of absence from June 2021 through August 2021.

Motion:
Vice-Mayor Nelson moved to approve Titusville Environmental Commission Regular Member Jim
Yount’s leave of absence from June 2021 through August 2021, as recommended. Member Jordan
seconded the motion. The roll call vote was as follows:

Member Jordan Yes

Mayor Diesel Yes
Vice-Mayor Nelson Yes
Member Stoeckel Yes
Member Robinson Yes

The motion carried unanimously.

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Draft Minutes – April 13, 2021

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City Council Regular - June 8, 2021 - 6:30 PM

North Brevard Library District Board – The request was for Council to accept the resignation of
Regular Member Cynthia Williams of the North Brevard Library District Board with an unexpired
term to expire on September 30, 2022. Her resignation was effective on March 16, 2021.

Motion:
Vice-Mayor Nelson moved to accept the resignation of Regular Member Cynthia Williams of the
North Brevard Library District Board with an unexpired term to expire on September 30, 2021, as
requested. Member Stoeckel seconded the motion. The roll call vote was as follows:

Mayor Diesel Yes

Vice-Mayor Nelson Yes
Member Stoeckel Yes
Member Robinson Yes
Member Jordan Yes

The motion passed unanimously.

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PETITIONS AND REQUEST FROM THE PUBLIC PRESENT (OPEN FORUM)

Joseph Hill commented on the sidewalk along South Hopkins Avenue starting at Titus Landing
heading north on Hopkins Avenue. He was concerned on the condition of the sidewalk and/or lack
of sidewalk and felt it was dangerous for pedestrians and bicyclists. Mr. Hill requested the budget be
reviewed to possibly fix this issue. Vice-Mayor Nelson asked staff to review and there was no
objection from City Council.

Janice Pound invited the Council and all of those present or watching the Council meeting to
participate in the National Day of Prayer observance on Thursday, May 6, 2021 at Indian River City
United Methodist Church at 6:30 p.m.

Stan Johnston read a portion of a letter he distributed to the City Council by e-mail and discussed
some concerns he had with the City.

Nathan Slusher requested the City Council motion to strike Code of Ordinances Chapter 4, Section 4
and rewrite it to say “Alcohol shall be permitted to be sold at any time without restriction within the
jurisdiction of the City of Titusville.” Council supported receiving additional information from staff.

Tuan Le expressed concern of small businesses not being selected through the City’s procurement
process to work on City projects. Staff provided feedback to Council on the process.

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Draft Minutes – April 13, 2021

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City Council Regular - June 8, 2021 - 6:30 PM

CONSENT AGENDA

City Clerk Wanda Wells advised that there were cards submitted for the following items: A, D, E, F,
G, H, I, K, L, M, N, and P.

City Manager Larese read Consent Agenda Items A through S, as followed:

A. Amendment to Indian River Avenue Force Main Design – Work Order Approve amendment
to Work Order #AECOMWR013 to AECOM Technical Services, Inc in the amount of
$235,101 to provide additional engineering services including, but not limited to, the
preparation of design drawings and specifications, permitting, bidding assistance, SRF
funding and limited construction administration services for the remaining portions of the
force main from Causeway lift station to the Osprey plant, approve a budget transfer to fund
the Work Order amendment, and authorize the Mayor to execute the Work Order
AECOMWR013 Change Order #1.

B. Housing Replacement Program Loan Assumption Agreement – 819 Dummitt Avenue –

Approve the loan assumption between the City and new Owner of 819 Dummitt Avenue, and
authorize the Mayor and staff to execute.

C. Housing Rehabilitation Program Loan Assumption Agreement - 2300 Barna Avenue –

Approve loan assumption between City and new Owner of 2300 Barna Avenue, and
authorize the Mayor and staff to execute.

D. Indian River Lagoon Sanitary Sewer Force Main Master Planning – Approve the award of
work order CDMWR008 to CDM Smith, Inc., in the amount of $25,844.96 to develop
concept routing plans for potential force main improvements, and authorize the City
Manager to execute the Work Order.

E. Pump Replacements for the Osprey Water Reclamation Facility (WRF) – Approve the
purchase of two (2) Fairbanks Nijhuis (formally Fairbanks Morse) solids-handling pumps
from Barney's Pumps Inc. of Lakeland, FL in the amount of $57,310 and authorize the
Mayor to execute the purchase order.

F. Work Order for Engineering Services for the Cheney Highway Water Main Replacement
Project – Approve the award of Work Order #WPWR007 to Wright Pierce, Inc., of Orlando,
FL in the amount of $141,300 to provide engineering consulting services including, but not
limited to, the preparation of design drawings and specifications, permitting, bidding
assistance and construction administration services for the Cheney Highway Water Main
Replacement Project, and authorize the Mayor to execute the Work Order.

G. Award the Code Enforcement Nuisance Mowing and Lot Cleaning Contract – Approve the
recommendation for awarding the selection of ITB# 21-B-014 Code Enforcement Nuisance
Mowing and Lot Cleaning to JB's Lawn Control for a one (1) year term with an option for

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Draft Minutes – April 13, 2021

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City Council Regular - June 8, 2021 - 6:30 PM

two (2) one-year renewals for the estimated annual amount of $19,750. Authorize the City
Manager to execute the agreement subject to the approval of final contract terms by the City
Attorney.

H. Landscape Mitigation Fund Transfer - Sand Point Park Plantings – Approve Budget
Amendment in the amount of $25,000 to fund tree plantings within Sand Point Park around
the East Pond. The City shall bid and contract for the installation of the trees and watering
for a period of 3 months. After which, the maintenance shall be the responsibility of Brevard
County Parks and Recreation.

I. FY21 Community Development Block Grant (CDBG) Street Paving Improvements Contract
Award – Approve the award of a contract to Masci Construction of Daytona Beach, FL to
provide FY21 CDBG Street paving improvements at various locations within the South
Street Target Area in the amount of $169,105.63; and authorize the Mayor to execute said
contract.

J. Purchase of Vehicles - Public Works – Approve the use of Cooperative Sourcewell (formally
NJPA) contract #2021 120716-NAF&06 and City of Titusville Invitation for Bid #21-B-015
to purchase budgeted vehicle replacements. Award City IFB #21-B-015 for projects Z02118
and Z02121 to Ron Norris Ford of Titusville, Florida in the total amount of $124,521.07 for
the purchase of five vehicles. Approve the use of Sourcewell contract #2021 120716-
NAF&06 with Alan Jay Fleet Sales of Sebring, Florida for budgeted vehicle replacements
Z02120 in the total amount of $89,702.00 for the purchase of two vehicles. Additionally,
approve the associated budget amendment transferring funds to capital outlay project
Z02120 for this purchase with authorization of City Manager, Legal, and City Staff to
execute any necessary instruments.

K. Solid Waste Budget Amendment - Recycling Processing Fees – Approve budget amendment
in the amount of $65,000 to Solid Waste Fund Account 404-1513-531.31-01 from the Solid
Waste Fund Contingency.

L. Brevard County Save our Indian River Lagoon Grant Extension - Draa Field Floating Islands
– Authorize the Mayor to execute Amendment No.1 to the Save our Indian River Lagoon
Cost-Share Funding Interlocal Agreement Number SOIRL #20-120.

M. Cost-Share Funding Interlocal Agreement - St Johns 2 Baffle Box – Approve the Save Our
Indian River Lagoon Project Cost-Share Funding Interlocal Agreement between the City of
Titusville and Brevard County in the amount of $243,070 in funding toward the construction
of the St Johns 2 Baffle Box project, approve associated budget amendment, create
associated project and authorize the Mayor to execute the agreement.

N. Cost-Share Funding Interlocal Agreement - Marina Pond Floating Islands – Approve the
Save Our Indian River Lagoon Project Cost-Share Funding Interlocal Agreement #21-178
between the City of Titusville and Brevard County in the amount of $6,670 in funding
toward the installation of the Marina Pond Managed Aquatic Plant Systems Project, approve

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Draft Minutes – April 13, 2021

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City Council Regular - June 8, 2021 - 6:30 PM

associated budget amendment, create associated project and authorize the Mayor to execute
the agreement.

O. Purchase of Slope Mower – Approve attached budget amendment and the award of bid 21-
B-020 for a 2020 John Deere Tractor with Alamo Slope Mower attachment from Everglades
Equipment Group in the amount of $219,961.

P. Mourning Dove WTP Standby Generator Fuel Line Replacement – Approve award of Bid
No. 21-B-025 in the amount of $26,195 to JRS Enterprises East Coast, LLC dba JSR Fueling
Technologies, LLC of Melbourne, FL to replace the diesel fuel line for the standby generator
at Mourning Dove Water Treatment Facility, and authorize the City Manager to put in place
the instruments necessary for this purchase upon review of documents by City Attorney and
City Staff.

Q. Advisability - Small Business Assistance for Business Tax Receipt Payments – Approve
advisability to establish a program to pay the BTR for new and renewing businesses through
December 31, 2021.

R. Change Order #1 for Engineering Services for Design of Traffic Signal Improvements –
Approve the Change Order #1 to DRMP, Inc. in the amount of $21,864.56 to provide
additional engineering consulting services due to FPL conflicts at two (2) signal
improvement locations; and authorize the City Manager to sign the Change Order.

S. Resolution No. 12-2021 clarifying the process for settlement and collection of municipal
code liens under Resolution 1-2012 – Approve Resolution No. 12-2021, clarifying the
process for settlement and collection of municipal code liens under Resolution No. 1-2012.

Kay St. Onge requested Council approve item 8H - Landscape Mitigation Fund Transfer - Sand
Point Park Plantings to help remediate the recent sewage spill at Sand Point Park as well as beautify
the park, help reduce the temperatures, and provide bird habitat.

Joe Hill spoke in favor of item 8H regarding the plantings at Sand Point Park and any landscaping
the City could do, but requested that the City purchase Florida native trees, etc.

Stan Johnston spoke in regards to an e-mail he distributed to the City Council prior to the
meeting. Mayor Diesel requested that Mr. Johnston’s comments remain on topic to the agenda
items he filled out cards to speak on under consent.

Motion:
Vice-Mayor Nelson moved to approve Consent Agenda items A through S, in accordance with
recommendations. Member Jordan seconded the motion. The roll call vote was as follows:

Vice-Mayor Nelson Yes

Member Stoeckel Yes

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Draft Minutes – April 13, 2021

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City Council Regular - June 8, 2021 - 6:30 PM

Member Robinson Yes

Member Jordan Yes
Mayor Diesel Yes

The motion carried unanimously.

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ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION

City Attorney Broome read the quasi-judicial rules of procedures. Second Reading, Public Hearing
and Related Action (Quasi-judicial) THE FOLLOWING ITEMS ARE SUBJECT TO QUASI-
JUDICIAL RULES OF PROCEDURE. ANYONE WISHING TO SPEAK ON AN ITEM MUST
FIRST COMPLETE AN AGENDA SIGN-UP CARD AND SIGN THE OATH CONTAINED
THEREON. THOSE SPEAKING IN FAVOR OF A REQUEST WILL BE HEARD FIRST. IF
YOU HAVE PHOTOGRAPHS, SKETCHES, OR DOCUMENTS THAT YOU DESIRE FOR CITY
COUNCIL TO CONSIDER, THEY MUST BE SUBMITTED INTO EVIDENCE AND WILL BE
RETAINED BY THE CITY. SUBMIT THESE EXHIBITS TO THE CITY CLERK.

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Ordinance No. 8-2021 - Rezoning (REZ) Application No. 1-2021 - Home Depot Outparcel,
Windover Trail – City Attorney Broome read, AN ORDINANCE OF THE CITY OF TITUSVILLE,
FLORIDA, AMENDING ORDINANCE NO. 5-1993, BY AMENDING THE ZONING MAP
MADE A PART OF SAID ORDINANCE BY REFERENCE BY REPLACING THE PRESENT
COMMUNITY COMMERCIAL (CC) ZONING DISTRICT WITH THE REGIONAL
COMMERCIAL (RC) ZONING DISTRICT FOR A PORTION OF PROPERTY
APPROXIMATELY .997 ACRES IN SIZE, HAVING PARCEL ID NUMBER 22-35-29-AV-*-49,
LOCATED ON THE SOUTH SIDE OF COLUMBIA BOULEVARD AND ON THE WEST SIDE
OF WINDOVER TRAIL; AND PROVIDING FOR AN EFFECTIVE DATE, the second time by
title only.

The request was to conduct the public hearing of Ordinance No. 8-2021 for Rezoning (REZ)
Application No. 1-2021 Home Depot Outparcel, Windover Trail to rezone from the Community
Commercial (CC) zoning district to the Regional Commercial (RC) and remove site-specific
conditions.

City Manager Larese advised that on March 17, 2021, the Planning and Zoning Commission
considered the request and recommended approval, with the condition that the applicant hold the
community engagement meeting before the City Council meeting on April 13, 2021 (vote: 7 yes - 0
no). The applicant conducted the required meeting on March 29, 2021.

Brian Fleming requested that Home Depot be able to use their property how they wish without any
government restrictions.

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City Council Regular - June 8, 2021 - 6:30 PM

Motion:
Member Robinson moved to approve Ordinance No. 8-2021 - Rezoning (REZ) Application No. 1-
2021 - Home Depot Outparcel, Windover Trail, as recommended. Member Jordan seconded the
motion. The roll call vote was as follows:

Member Stoeckel Yes

Member Robinson Yes
Member Jordan Yes
Mayor Diesel Yes
Vice-Mayor Nelson Yes

The motion carried unanimously.

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ORDINANCES-FIRST READING –

Ordinance No. 9-2021 - Revocation of Ad Valorem Tax Exemption for NewSpace Center, LLC –
City Attorney Broome read, AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA,
REVOKING THE ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION TO
NEWSPACE CENTER LLC; AND PROVIDING FOR AN EFFECTIVE DATE, the first time by
title only.

City Manager Larese advised that this was the first reading of Ordinance No. 9-2021. The second
reading and public hearing was scheduled for the Regular City Council meeting on April 27, 2021 at
6:30 p.m.

xxx

Ordinance No. 10-2021, Allowing for an Economic Development Ad Valorem Tax Abatement to
Dark Storm Industries, LLC (Project Freedom) – City Attorney Broome read, AN ORDINANCE OF
THE CITY OF TITUSVILLE, FLORIDA, ALLOWING FOR AN AD VALOREM TAX
ABATEMENT TO DARK STORM INDUSTRIES, LLC (PROJECT FREEDOM); SPECIFYING
THE ITEMS EXEMPTED; PROVIDING FOR AN EXPIRATION DATE FOR THE
EXEMPTION; AND PROVIDING AN EFFECTIVE DATE, the first time by title only.

City Manager Larese advised that this was the first reading of Ordinance No. 10-2021. The second
reading and public hearing was scheduled for the Regular City Council meeting on April 27, 2021 at
6:30 p.m.

Edgar Campa-Palafox gave an overview of his request and stated he was available for any questions
from the Council.

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Draft Minutes – April 13, 2021

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City Council Regular - June 8, 2021 - 6:30 PM

Council discussed increasing the 70% Ad Valorem Tax Abatement for 7 years to 100% Ad Valorem
Tax Abatement for 10 years. Council requested staff provide additional information.

xxx

Ordinance No. 11-2021 - Business Tax Receipt Exemptions – City Attorney Broome read, AN
ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA AMENDING THE CODE OF
ORDINANCES TO REFERENCE BUSINESS TAX RECEIPTS EXEMPTIONS CREATED BY
THE STATE OF FLORIDA, BY AMENDING CHAPTER 11 “LICENSES AND BUSINESS
REGULATIONS”, SPECIFICALLY CREATING SECTION 11.37.5 “EXEMPTIONS UNDER
STATE LAW”, PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING
ORDINANCES, EFFECTIVE DATE AND INCORPORATION INTO THE CODE, the first time
by title only.

City Manager Larese advised that this was the first reading of the ordinance. The second reading and
public hearing was scheduled to be heard by City Council on April 27, 2021 beginning at 6:30 p.m.

xxx

OLD BUSINESS

Advisability for Solid Waste Assessment – The request was to provide direction on transitioning
Solid Waste billing associated with residential properties within the City from the current monthly
utility bill to a non-ad valorem assessment. The earliest this would take place would be in the FY23
budget proposals.

Staff provided a presentation on the transitioning of Solid Waste Billing associated with residential
properties within the City from the current monthly utility bill to a non-ad valorem assessment,
highlighted as follows:

• Advisability for Solid Waste (Residential) Non-Ad Valorem Assessment

• Action Seeking Tonight
• Overview of Residential Services
• Considerations for Assessment
• Who pays the bill?
• What happens when a new home is CO’d during the year?
• What happens when ownership of an existing home changes during the year?
• What happens with cart deposits?
• What happens with City provided customer service?
• What happens with the current citizen paid franchise fee?
• What is the financial impact? And how can this be addressed?
• Steps to Approval

Page 9 of 15
Draft Minutes – April 13, 2021

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City Council Regular - June 8, 2021 - 6:30 PM

The steps to follow: a resolution to authorize assessment; interlocal agreements with Brevard County
Tax Collector and Property Appraiser; first reading of amended solid waste ordinance; and second
reading of amended solid waste ordinance and adoption of FY 23 rates. There was no objection from
City Council on moving forward with the transition.

Nathan Slusher discussed his concerns regarding the solid waste collection being included in the tax
bills for those who rented a residence within the City and the risk of this increasing the cost of rent.

xxx

Award of Contract for Construction of the Mourning Dove WTP Solids Train Upgrade Project – The
request was to approve the award of a contract for Bid No. 20-B-019 to Sawcross, Inc. of
Jacksonville, FL for the Mourning Dove WTP Solids Train Upgrade project in the amount of
$4,753,000 and authorize the Mayor to execute the contract subject to final approval by the Florida
Department of Environmental Protection. City Manager Larese highlighted additional information
that was included in the agenda packet.

Motion:
Member Jordan moved to approve the Award of Contract from Construction on the Mourning Dove
WTP Solids Train Upgrade Project, as recommended. Vice-Mayor Nelson seconded the motion. The
roll call vote was as follows:

Member Robinson Yes

Member Jordan Yes
Mayor Diesel Yes
Vice-Mayor Nelson Yes
Member Stoeckel Yes

The motion carried unanimously.

xxx

NEW BUSINESS

Ad Valorem Tax Abatement for Tax Year 2020 and Ground Lease Incentive – Professional Aircraft
Accessories – The request was to approve the Economic Development Ad Valorem Tax Exemption
(continuation of Ordinance No. 05-2011) for Professional Aircraft Accessories (PAA) at 100 percent
for tax year 2020 and approve the ground lease incentive payment authorized by the April 26, 2011,
Memorandum of Understanding between the City and PAA in the amount of $12,500.00.

Motion:
Vice-Mayor Nelson moved to approve the Ad Valorem Tax Abatement for Tax Year 2020 and
Ground Lease Incentive – Professional Aircraft Accessories, as recommended. Member Jordan
seconded the motion. The roll call vote was as follows:

Page 10 of 15
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Page 16 of 220
City Council Regular - June 8, 2021 - 6:30 PM

Member Jordan Yes

Mayor Diesel Yes
Vice-Mayor Nelson Yes
Member Stoeckel Yes
Member Robinson Yes

The motion carried unanimously.

xxx

Tax Year 2020 Ad Valorem Tax Abatement – Barn Light Electric – The request was to approve the
Economic Development Ad Valorem Tax Exemption (continuation of Ordinance No. 19-2013) for
Barn Light Electric at 85 percent.

Motion:
Member Jordan moved to approve the Tax Year 2020 Ad Valorem Tax Abatement – Barn Light
Electric, as recommended. Vice Mayor Nelson seconded the motion. The roll call vote was as
follows:

Mayor Diesel Yes

Vice-Mayor Nelson Yes
Member Stoeckel Yes
Member Robinson Yes
Member Jordan Yes

The motion carried unanimously.

xxx

Ad Valorem Tax Abatement for Tax Year 2020 – Brix Project Brewery – The request was to
approve the Economic Development Ad Valorem Tax Exemption (continuation of Ordinance No.
27-2015) for tax year 2020 for Brix Project Brewery at 100 percent.

Motion:
Vice-Mayor Nelson moved to approve the Ad Valorem Tax Abatement for Tax Year 2020 – Brix
Project Brewery, as recommended. Member Jordan seconded the motion. The roll call vote was as
follow:

Vice-Mayor Nelson Yes

Member Stoeckel Yes
Member Robinson Yes
Member Jordan Yes
Mayor Diesel Yes

Page 11 of 15
Draft Minutes – April 13, 2021

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City Council Regular - June 8, 2021 - 6:30 PM

The motion passed unanimously.

xxx

Continuation of Ad Valorem Tax Abatement – Paragon Plastics – The request was to approve the
Economic Development Ad Valorem Tax Exemption (continuation of Ordinance No. 23-2015) for
tax year 2020 for Paragon Plastics at 60 percent.

Motion:
Member Robinson moved to approve the Continuation of Ad Valorem Tax Abatement – Paragon
Plastics, as recommended. Member Jordan seconded the motion. The roll call vote was as follows:

Member Stoeckel Yes

Member Robinson Yes
Member Jordan Yes
Mayor Diesel Yes
Vice-Mayor Nelson Yes

The motion carried unanimously.

xxx

Ad Valorem Tax Abatement for Tax Year 2020 – Eckler Industries (Project Circle) – The request
was to approve the Economic Development Ad Valorem Tax Exemption (continuation of Ordinance
No. 18-2013) for tax year 2020 for Eckler Industries (Project Circle) at 90 percent.

A revised Report to Council was distributed to the City Council providing the number of employees
and average salary.

Motion:
Member Jordan moved to approve Ad Valorem Tax Abatement for Tax Year 2020 – Eckler
Industries (Project Circle), as recommended. Vice-Mayor Nelson seconded the motion. The roll call
vote was as follows:

Member Robinson Yes

Member Jordan Yes
Mayor Diesel Yes
Vice-Mayor Nelson Yes
Member Stoeckel Yes

The motion carried unanimously.

xxx

Page 12 of 15
Draft Minutes – April 13, 2021

Page 18 of 220
City Council Regular - June 8, 2021 - 6:30 PM

Proposal to Develop a Code Enforcement Lien Amnesty Program – The request was to give
advisability to staff on a Lien Amnesty Program in order to incentivize code compliance and to
expedite the process to settle outstanding liens.

City Manager Larese advised that this was a temporary program to help cleanup code liens during
the COVID-19 period for one-year and that this was advisability to staff to come back with a
Resolution for Council to consider.

Council came to a consensus to approve for staff to move forward with preparing a Resolution for
Council’s consideration.

xxx

PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NON-AGENDA ITEMS) –

None.

xxx

MAYOR AND COUNCIL REPORTS

Mayor's Report –

Mayor Diesel submitted his written report.

Mayor Diesel stated that he was invited and attended a POW Flag brigade in honor of Vietnam
Veterans held at Astronaut High School.

Mayor Diesel also stated he visited Oak Park Elementary to discuss FSA testing and to play kickball
with the students.

xxx

Council Reports –

Member Stoeckel thanked Mayor Diesel for keeping citizens on topic to the agenda items they sign
up to speak under. She felt it allowed their meetings to run more efficiently.

Member Stoeckel also commented on blighted properties and requested an advisability to research
companies that assist with foreclosed and vacant properties registering with City. Assistant Attorney
Chelsea Farrell advised that the City currently had a contract with Prochamp. Member Stoeckel
requested additional information on their work and the terms of the contract.

xxx

Page 13 of 15
Draft Minutes – April 13, 2021

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City Council Regular - June 8, 2021 - 6:30 PM

Vice-Mayor Nelson discussed her concerns regarding the lack of public pools in the Titusville
community for children to be able to learn to swim.

xxx

Member Robinson thanked Nathan Slusher and Brian Fleming for their participation in local City
government.

xxx

City Manager's Report –

City Manager Larese submitted his written report.

xxx

City Manager Larese requested Council to authorize a summer recess by canceling the second City
Council meetings in June (June 22, 2021).

Motion:
Member Jordan moved to cancel the second City Council meetings in June (June 22, 2021), as
requested. Member Stoeckel seconded the motion. The roll call vote was as follows:

Member Jordan Yes

Mayor Diesel Yes
Vice-Mayor Nelson Yes
Member Stoeckel Yes
Member Robinson Yes

The motion carried unanimously. Both the 5:30 p.m. and 6:30 p.m. meetings scheduled for June 22,
2021 would be canceled based on this action.

xxx

Council scheduled a budget workshop and public hearings for the FY 22 Budget: Budget Workshop
– Wednesday, August 11, 2021 at 5:00 p.m.; First Budget Public Hearing – Tuesday, September 7,
2021 at 5:30 p.m.; Second and Final Budget Public Hearing – Wednesday, September 15, 2021 at
5:30 p.m.

xxx

The remaining items were informational only.

Page 14 of 15
Draft Minutes – April 13, 2021

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City Council Regular - June 8, 2021 - 6:30 PM

CITY ATTORNEY’S REPORT – None.

xxx

With no further business to discuss, the meeting adjourned at 10:00 p.m.

______________________________
Daniel E. Diesel, Mayor

ATTEST:

__________________________
Wanda F. Wells, City Clerk

Page 15 of 15
Draft Minutes – April 13, 2021

Page 21 of 220
City Council Regular - June 8, 2021 - 6:30 PM
Draft Regular Meeting

City Council
Regular Meeting
May 11, 2021

The City of Titusville City Council met in regular session on Tuesday, May 11, 2021, at Titusville
City Hall, second floor, Council Chamber, 555 South Washington Avenue, Titusville, Florida
32796. Mayor Diesel called the City Council meeting to order at 6:35 p.m. Those present in the
Council Chamber included Mayor Daniel Diesel, Vice-Mayor Jo Lynn Nelson and City Council
Members Joe Robinson, Robert Jordan, and Sarah Stoeckel. Also present were City Manager Scott
Larese, City Attorney Richard Broome, and City Clerk Wanda Wells. Sr. Administrative Assistant
Emily Campbell completed the minutes.

xxx

Mayor Diesel requested a moment of silence. He then led those present in the Pledge of Allegiance
to the Flag. City Clerk Wanda Wells read the procedures for public comment and participation.

xxx

APPROVAL OF MINUTES

Motion:
Member Jordan moved to approve the minutes of the regular City Council meetings on February
23, 2021 (6:30 p.m.) and March 23, 2021 (5:30 p.m.) as submitted. Vice-Mayor Nelson seconded
the motion. The roll call vote was as follows:

Member Robinson Yes

Member Jordan Yes
Mayor Diesel Yes
Vice-Mayor Nelson Yes
Member Stoeckel Yes

The motion carried unanimously.

xxx

SPECIAL RECOGNITIONS & PRESENTATIONS

City's Existing Debt Portfolio and Analysis of Potential Bonding Capacity – Jay Glover from
PFM Financial Advisors, LLC presented an analysis of the City’s bonding capacity as well
as recommendations for long-term funding for capital infrastructure. The presentation was
highlighted as follows:

• Current Operating Environment

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Draft Regular Meeting

• Types of Bonds/Issuance Methods

• Overview of Bondable Revenues
• Existing Debt Portfolio – General Fund
• Existing Debt Portfolio – GO/Enterprise Fund
• Bonding Capacity
• “Realistic” Financing Capacity
• Potential Funding Scenarios

No action was required.

xxx

BOARDS AND COMMISSIONS

Board of Adjustments and Appeals

City Manager Larese introduced the item and read from the report. The request was to
appoint one (1) regular member to the Board of Adjustments and Appeals for an unexpired
term to expire on July 31, 2021.

Motion:
Vice-Mayor Nelson moved to appoint Alternate Member Margaret Van Deven as a regular
member to the Board of Adjustments and Appeals for an unexpired term to expire on July
31, 2021. Member Jordan seconded the motion. The roll call vote was as follows:

Member Jordan Yes

Mayor Diesel Yes
Vice-Mayor Nelson Yes
Member Stoeckel Yes
Member Robinson Yes

The motion carried unanimously.

xxx

PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NONAGENDA ITEMS)

David Mandernack requested an amendment to the Code to allow temporary office space for
Astrotech Space Operations. This would allow additional area for spacecraft storage, staging,
processing, and launch vehicle hardware. Based on Council’s discussion, staff would review
and prepare an ordinance change. Discussion included adding this as a permitted use versus
conditional use permit, limiting to the Industrial area, certain lot sizes, etc.

Laurilee Thompson discussed manatee deaths and the current condition of the Indian River
Lagoon. She also discussed the maintenance of the baffle boxes, etc. Public Works Director

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City Council Regular - June 8, 2021 - 6:30 PM
Draft Regular Meeting

Kevin Cook and Council discussed the maintenance of the baffle boxes. Based on Council’s
discussion, Vice-Mayor Nelson requested staff come back to Council with an update. There
was no objection from City Council.

Stan Johnston discussed the clean-up of the Indian River Lagoon, etc.

xxx

CONSENT AGENDA

City Clerk Wanda Wells advised that there were six cards submitted from one individual.

City Manager Scott Larese read Consent Agenda Items A through L, as followed:

A. Annual Resurfacing Change Order #1 – Masci Construction - Approve Change Order #1 to the
Annual Resurfacing Contract to Masci General Contractor, Inc. of Port Orange, Florida in the
amount of $683,173 to resurface an additional 3.61 miles of streets and pave 0.45 miles of dirt
streets. Additionally, authorize the Mayor and City Manager to execute the change order.

B. Approve Purchase Aquatic Plant Harvesting Boat - Approve the purchase of a plant harvesting
boat from Weedoo of West Palm Beach, Florida utilizing the Florida Sheriffs Association
Cooperating Purchasing contract in the amount of $90,238.40. Additionally, authorize the City
Manager to approve the necessary purchase orders.

C. Replacement of Commons Light Pole - Approve award for purchase of replacement of damaged
light pole in the commons parking light to Chrome Electric of Titusville, Florida in the amount of
$18,438. Additionally, authorize the City Manager to approve all instruments necessary to approve
this price quote and issue purchase order.

D. Community Redevelopment Agency (CRA) Budget Amendment - Approve the CRA Budget
Amendment in the amount of $48,870 from Project CR1704, Concrete Streets to Project CR2101,
Utility Infrastructure to fund utility infrastructure improvements in the CRA.

E. FY 21 Countywide JAG Grant for Prisoner Transport - Approve the distribution of the FY21
Edward Byrne Justice Assistance Grant - JAG County wide, in the amount of $131,689.00, to be
used by Brevard County for their Prisoner Transportation Program.

F. Collective Bargaining Agreement between the International Association of Firefighters, Local

2445 and the City of Titusville, Florida, October 1, 2019 - September 30, 2022- Approve the wage
reopener Collective Bargaining Agreement between the International Association of Firefighters,
Local 2445 and the City of Titusville.

G. Property and Casualty Insurance Broker Contract for Services RFP Number: 21-P-09 - Approve
the contract award to Acentria Public Risk of Daytona Beach, FL to provide general insurance and
broker services for all lines of insurance during a three-year term in the annual amount of $32,500

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Draft Regular Meeting

with two (2) optional two (2) year renewals and authorize the Mayor to execute the contract subject
to review and approval by City Manager and City Attorney from City staff.

H. Change Order to Work Order #3 - Annual Stormwater and Piping Installation- Approve Change
Order to Work Order #3 to contract CN16B039, Annual Stormwater Piping & Installation to SDV
Services, LLC, in the amount of $118,178 for repairs and upgrades to the stormwater system at
Country Club Drive near La Cita Golf Course, approve the associated budget amendment and
authorize the City Manager to execute the work order.

I. Amendment to Contract for the Install and Maintenance of Floating Wetlands Islands - Beemats
LLC - Approve Amendment 2 to contract SV19B006 between the City and Beemats, LLC of New
Smyrna Beach, Florida for the addition of services to be provided at the Sand Point Park ponds
and the Marina Park pond for the additional contract authorized amount as listed in Exhibit 1
$306,560 which increases the total authorized contract amount to $905,818.50 over the four year
period of installation and maintenance, which runs from 2019 to 2023 for the floating wetland
islands. This amendment adds the three additional ponds and authorize the Mayor to execute this
amendment to the contract SV19B006, subject to review and approval by the City Attorney and
City Manager. In addition, approve the associated budget amendments, project creation and allow
purchase orders to be issued on an as needed basis not to exceed the authorized contract amount.

J. Community Redevelopment Agency (CRA) Budget Amendment - FY 2020 Carry Forward

Funds - Approve a Budget Amendment to transfer $318,600 of FY2020 Carry Forward funds to
existing CRA capital projects as recommended by the CRA.

K. Stormwater Continuing Consultant A&E Services – Final Ranking - Approve the final ranking
of consultants for Stormwater Continuing Consultant A&E Services and authorize staff to conduct
contract negotiation with the Infrastructure Solution Services of Melbourne, Florida, CPH, Inc. of
Orlando, Florida and Geosyntec of Titusville, Florida.

L. Final Design - Downtown Riverfront Walkway Project - Recommend that the City Council
approve the award of contract for the Final Design for the downtown riverfront walkway project
to Taylor Engineering of Jacksonville, FL in the amount of $92,833.36.

Stan Johnston discussed a report by Geosyntec and other consent agenda items. etc.

Motion:
Member Jordan moved to approve Consent Agenda item A through L, in accordance with
recommendations. Vice-Mayor Nelson seconded the motion. The roll call vote was as follows:

Mayor Diesel Yes

Vice-Mayor Nelson Yes
Member Stoeckel Yes
Member Robinson Yes
Member Jordan Yes

The motion carried unanimously.

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Draft Regular Meeting

xxx

ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION-

None

xxx

ORDINANCES-FIRST READING – None

xxx

OLD BUSINESS – None

xxx

NEW BUSINESS

Financing Contract for Fiscal Year 2021 Vehicle Purchases and Resolution No. 17-2021 – City
Manager Larese advised the request was to award and execute the Fiscal Year 21 Master Lease
Agreement for the Fiscal Year 2021 vehicle purchases to Bank of America, which was an affiliate
of Bank of America Public Capital Corporation (“BAPCC”), at a 5-year, tax exempt fixed rate of
0.8736% with a closing date of May 14, 2021 and approve Resolution 17-2021.

Finance Director Bridgette Clements reminded council that these purchases were already approved
in the fiscal year 2020 budget to be financed, but that it has taken till now to complete the financing.

Nathan Slusher asked for clarification on how much was being spent on the vehicle purchases and
what vehicles were being purchased. Finance Director Bridgette Clements explained that she did
not bring the exact list with her, but it was predominately public safety vehicles, public works
vehicles and fire department equipment.

Motion: Member Jordan moved to approve Financing Contract for Fiscal Year 2021 Vehicle
Purchases and Resolution No. 17-2021, as recommended. Vice-Mayor Nelson seconded the
motion. The roll call vote was as follows:

Vice-Mayor Nelson Yes

Member Stoeckel Yes
Member Robinson Yes
Member Jordan Yes

Page 26 of 220
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Draft Regular Meeting

Mayor Diesel Yes

The motion carried unanimously.

xxx

Petition for De-Annexation - Parcel Tax Account 2104747, Corner of Parrish Road and Singleton
Avenue –

City Manager Larese introduced the item and advised that staff recommended Council reject the
petition by Roger J. Molitor for de-annexation of Parcel Tax Account 2104747 located at the
southeast corner of Parrish Road and Singleton Avenue.

Roger J. Molitor requested that the City of Titusville contract the municipal boundary of the City
to remove his 7.5 acres of vacant land on the corner of Parrish Road and Singleton Avenue. City
Manager Larese stated that in accordance with Florida Statue 171.052 only the areas which do not
meet the criteria for annexation in section 171.043 may be proposed for de-annexation by the
municipal governing bodies.

Mr. Moliter asked council to help him convert the property to agricultural zoning so that he can do
farming practices on the land. He explained that the previous owner of the property asked the City
for a voluntary annexation. In addition, Mr. Moliter provided documents including:

• The 2020 Florida Statutes chapter 171

• Zoning Map showing County zoning Agricultural use
• Subsequent Zoning map de-annexation petition
• Email from Ashleigh Smith – Titusville Water Resources
• Fire Flow Test by City of Titusville
• BCPAO map showing water-sewer service is 4000 feet away from my site
• F.S171 Discussion

Mayor Diesel clarified with Mr. Moliter that if he can get the property de-annexed, then Mr.
Moliter would be able to apply to Brevard County for Agriculture zoning.

Community Development Director Peggy Busacca explained that from her analysis 100% of the
boundary of Mr. Moliter’s property was either bounded by a boundary of the City of Titusville or
meets the definition of urban, as it was showed in Section 171.0432 of the Florida Statutes.

Member Jordan clarified with Ms. Busacca that Mr. Moliter would need General Use zoning (GU)
in order to sell the vegetables that are grown on his property as well as to have animals. Member
Jordan also explained that the General Use zoning would allow him to get a pump for water.

Member Stoeckel asked Mr. Moliter what was the difference between de-annexation and going
through Brevard County getting it rezoned Agriculture Use versus getting a General Use rezoning
with the City. Mr. Moliter expressed that an Agriculture zoning gave him more freedom.

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Draft Regular Meeting

Vice-Mayor Nelson expressed that Mr. Moliter’s property would be surrounded by residential
properties and that she did not believe the intent of that statute was to have a parcel of land zoned
Agriculture that was surrounded by residential.

Member Robinson explained to Mr. Moliter that he could still grow the same things with the City
or County zoning.

Motion: Vice-Mayor Nelson moved to reject the petition for de-annexation parcel tax id, parcel
tax account 2104747 because it does not comply with the statutory requirements, as recommended.
Member Jordan seconded the motion. The roll call vote was as follows:

Member Stoeckel Yes

Member Robinson Yes
Member Jordan Yes
Mayor Diesel Yes
Vice-Mayor Nelson Yes

The motion carried unanimously.

xxx

Farmers Market in Downtown – City Manager Larese stated that this item was an advisability on
the City partnering with the Greater Titusville Chamber of Commerce to hold a Farmer's Market
in the downtown in conjunction with the American Rescue plan funding. University of Florida
institute of food and agricultural sciences would also assist to provide the fresh food for citizens
with a Titusville address at the farmers market.

Motion: Vice-Mayor Nelson moved to have the City partner with the Greater Titusville Chamber
of Commerce to hold a farmer’s market in downtown Titusville, as recommended. Member Jordan
seconded the motion. The roll call vote was as follows:

Member Robinson Yes

Member Jordan Yes
Mayor Diesel Yes
Vice-Mayor Nelson Yes
Member Stoeckel Yes

The motion carried unanimously.

xxx

PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NONAGENDA ITEMS)

Page 28 of 220
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Draft Regular Meeting

Nathan Slusher requested Council review the possibility of allowing shipping containers to be
converted into homes. Council asked that he review his request with staff.

xxx

MAYOR AND COUNCIL REPORTS

Mayor's Report –

Mayor Diesel submitted his written report.

Mayor Diesel stated that he would be attending and speaking at the Police Unity Tour as well as
the first ever Young Artist Ball. He expressed that he was happy that people were starting to get
together again. Mayor Diesel stated that the City has had a lot of ribbon cutting celebrations, which
was a positive sign for Titusville.

xxx

Council Reports –

Member Stoeckel stated that she received a compliment for customer service in the water
department when a citizen had to turn their water off. Member Stoeckel thanked the trash pick-up.
She also mentioned that she was going on a baffle box tour with Public Works Director Kevin
Cook and Public Works Assistant Director Sandy Reller.

xxx

Member Stoeckel asked for approval to attend the Florida League of Cities Annual Conference in
August of 2021.

Motion: Vice-Mayor Nelson moved to approve Member Stoeckel’s request to go to the Annual
Conference in August of 2021. Member Jordan seconded the motion. The motion carried
unanimously.

xxx

Vice-Mayor Nelson mentioned that Hospice contacted her about finding and using an oak tree for
their all-day ceremony in November, where people can come and pray and reflect on their loved
ones.
xxx

Vice-Mayor Nelson asked if trash cans can be installed at the bus stops located on State Road
Highway 50. Staff would review.
xxx

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Vice-Mayor Nelson commented on the Beautification Plan and the entrances to the City. Staff
advised the Beautification Plan would be presented to the City Council.

xxx

Member Robinson mentioned that he attended the Space Coast League of Cities on a zoom call
over the weekend. Topics included Home Based Businesses.

xxx

City Managers Report –

City Manager reminded Council and citizens that the fourth of July celebration (Red White and
Boom) was scheduled for 7:00 p.m. and the venue was moved to the Chain of Lakes. He also
reminded staff that the budget hearings will begin in August and September.

xxx

CITY ATTORNEY’S REPORT – None.

xxx

With no further business to discuss, the meeting adjourned at 9:20 p.m.

______________________________
Daniel E. Diesel, Mayor

ATTEST:

__________________________
Wanda F. Wells, City Clerk

Page 30 of 220
City Council Regular - June 8, 2021 - 6:30 PM

Category: 6.
Item: A.
City of Titusville

To: The Honorable Mayor and City Council

From: William S. Larese, City Manager
Subject: Titusville Environmental Commission
Department/Office: City Clerk

Recommended Action:
The Titusville Environmental Commission's semi-annual written report is included in the agenda
packet. No action is required.

Summary Explanation & Background:

N/A

Alternatives:
N/A

Item Budgeted:
NA

Source/use of funds/Budget Book Page:

N/A

Strategic Plan:
No. 4 – Economic Development

Strategic Plan Impact:

N/A

ATTACHMENTS:
Description Upload Date Type
TEC Semi-Annual Report 5/28/2021 Backup Material

Page 31 of 220
City Council Regular - June 8, 2021 - 6:30 PM
Titusville Environmental Commission
Semi-Annual Report
June 2021

Strategic Planning Activity

The Commission participated in a strategic

planning activity to identify the topics of
greatest importance. The members
identified the topics in the table to the
right.

CUP #4-2020 A, B, & C

The Commission heard several requests

from the City of Titusville for Conditional
Use Permits (CUP) to allow the storage or
use of a regulated substance in the Area of
Critical Concern. The requests were made
in order to install emergency generators at
several sanitary sewer lift stations.

Ordinance Relating to Duplicative

Wetland Application Requirements

The Commission sent a recommendation to

City Council regarding the proposed
ordinance to remove references to
requirements for wetland applications which are duplicative of those in the Development Review
Procedures Technical Manual for amendments to the Wetland Conservation Area and Master Plans.
The change was recommended to increase ease of use of the code by including all application
requirements within the Technical Manuals.

Stormwater Presentation

The Public Works Department prepared a report and delivered a presentation including information
on the latest stormwater water quality projects and a status update on the Northern Indian River
Lagoon Basin Management Action Plan (BMAP) in order to inform the TEC's discussion related to
stormwater runoff.

Tree Protection Ordinance

After review by the TEC and the Planning and Zoning Commission, and several meetings conducted
by members of the public, the staff presented a second staff recommendation of the tree protection
ordinance to the TEC. The TEC reviewed the ordinance and made a recommendation to City Council
to adopt the original TEC tree protection ordinance with modifications.

Page 32 of 220
City Council Regular - June 8, 2021 - 6:30 PM

Category: 6.
Item: B.
City of Titusville

To: The Honorable Mayor and City Council

From: William S. Larese, City Manager
Subject: Titusville Environmental Commission (TEC) - Leave of Absence
Department/Office: Planning

Recommended Action:
Approve TEC Member Michael Myjak's four month leave of absence from July 2021 through
October 2021.

Summary Explanation & Background:

Titusville Environmental Commission member Michael Myjak has requested a leave of
absence for the July, August, September, and October regular TEC meetings. Member Myjak
stated he will be living out of the state during this period.

Alternatives:
1. Approve the request for a leave of absence.
2. Do not approve the request for a leave of absence.

Item Budgeted:
NA

Source/use of funds/Budget Book Page:

Strategic Plan:

Strategic Plan Impact:

ATTACHMENTS:
Description Upload Date Type
No Attachments Available

Page 33 of 220
City Council Regular - June 8, 2021 - 6:30 PM

Category: 8.
Item: A.
City of Titusville

To: The Honorable Mayor and City Council

From: William S. Larese, City Manager
Subject: Resolution No. 19-2021 - Advisability for Right of Way (ROW)
Application No. 1-2021
Department/Office: Community Development

Recommended Action:
Adopt Resolution No. 19-2021 declaring that the City Council will hold a public hearing to
consider the vacating, abandoning, and discontinuing of certain public right-of-way on July 13,
2021 at 6:30 p.m. in the Council Chamber located at 555 South Washington Avenue.

Summary Explanation & Background:

An application was submitted by Robert Kodsi for River Palms Riverfront Development, LLC,
requesting the vacation of a portion of the public right-of way described in Exhibit “A.”
Resolution No. 19-2020 declares a definite time and place a public hearing will be held to
consider the application.

Alternatives:
1. Do not adopt Resolution No. 19-2021

Item Budgeted:
NA

Source/use of funds/Budget Book Page:

Strategic Plan:
No. 2 – Efficient and Effective ServicesNo. 4 – Economic Development

Strategic Plan Impact:

ATTACHMENTS:
Description Upload Date Type

Page 34 of 220
City Council Regular - June 8, 2021 - 6:30 PM
ROW 1-2021 Advisability Resolution 5/17/2021 Backup Material
Aerial Map 5/24/2021 Backup Material

Page 35 of 220
City Council Regular - June 8, 2021 - 6:30 PM
RESOLUTION NO. XX-2021

A RESOLUTION OF THE CITY OF TITUSVILLE, FLORIDA

DECLARING THAT AT A DEFINITE TIME AND PLACE A
PUBLIC HEARING WILL BE HELD TO CONSIDER THE
VACATING, ABANDONING, AND DISCONTINUING
CERTAIN PUBLIC STREETS; AND PROVIDING FOR AN
EFFECTIVE DATE.

WHEREAS, a petition was presented by River Palms Riverfront Development, LLC.,

requesting the vacation of the public right-of way described in Exhibit “A.”

WHEREAS, the City desires to set a public hearing to determine the advisability of
vacating public streets.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY

OF TITUSVILLE:

Section 1. That the City Council on the 13th day of July, 2021 at 6:30 p.m. in the Council
Chamber located at City Hall, 555 South Washington Avenue, will consider exercising the power
granted to it to vacate, abandon, discontinue, and close said streets and of renouncing and disclaiming
any right of the City of Titusville, and the public in and to any land or interest therein acquired by
purchase, gift, devise, dedication or prescription for street, alleyway, road or highway purposes.

Section 2. This resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED, this 8th day of June, 2021.

__________________________________
Daniel E. Diesel, Mayor
ATTEST:

_____________________________Signature
Wanda F. Wells, City Clerk

ROW 01-2021 Page 1 of 2

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EXHIBIT A

ROW 01-2021 Page 2 of 2

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DESCRIPTION

VACATE RIGHT-OF-WAY
DESCRIPTION:
L:\Survey\Projects\180052 River Palms Riverfront Condominium\180052 River Palms Riverfront Section 10-22-35\Drawings\CAD\180052 Vacate ROW.dwg, 11/19/2020 4:05:49 PM

SURVEYOR'S NOTES:

SEE SHEET 2 FOR THE SKETCH TO ACCOMPANY THIS DESCRIPTION

SURVEYOR'S CERTIFICATION:

EXHIBIT "A"
SHEET 1 OF 2

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POINT OF COMMENCEMENT
SKETCH TO ACCOMPANY
DESCRIPTION

VACATE RIGHT-OF-WAY
ABBREVIATIONS:

POINT OF BEGINNING

SUB
JECT
L:\Survey\Projects\180052 River Palms Riverfront Condominium\180052 River Palms Riverfront Section 10-22-35\Drawings\CAD\180052 Vacate ROW.dwg, 11/13/2020 3:40:56 PM

RIVERONDOMIN

SECTI
PAR

C
PALM IUM S
CEL

ON 1
S RIV

0-22-
ERFR E

35
IT
ONT

EXHIBIT "A"
SHEET 2 OF 2

CURVE TABLE

SEE SHEET 1 FOR DESCRIPTION,

SURVEYOR'S CERTIFICATION & NOTES

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City Council Regular - June 8, 2021 - 6:30 PM

SUBJECT PROPERTY
1815

55

1825

2000

2001

ZONING MAP
ROW 1-2020
RESIDENTIAL DISTRICTS COMMERCIAL DISTRICTS SPECIAL DISTRICTS

RE RESIDENTIAL ESTATES HM HOSPITAL MEDICAL GU GENERAL USE

RR RURAL RESIDENTIAL T TOURIST OR OPEN SPACE AND RECREATION
R-1A SINGLE FAMILY, LOW DENSITY NC NEIGHBORHOOD COMMERCIAL UMU URBAN MIXED USE
R-1B SINGLE FAMILY, MEDIUM DENSITY CC COMMUNITY COMMERCIAL
R-1C SINGLE FAMILY, HIGH DENSITY RC REGIONAL COMMERCIAL SMU SHORELINE MIXED USE
R-2 MULTIFAMILY, MEDIUM DENSITY OP OFFICE PROFESSIONAL RHP RESIDENTIAL HISTORIC
R-3 MULTIFAMILY, HIGH DENSITY PRESERVATION
RMH-1 RESIDENTIAL MANUFACTURED RMU REGIONAL MIXED USE
HOUSING SUBDIVISION PD PLANNED DEVELOPMENT
RMH-2 RESIDENTIAL MANUFACTURED INDUSTRIAL DISTRICTS P PUBLIC
HOUSING PARK UV URBAN VILLAGE
M-1 LIGHT INDUSTRIAL SERVICES AND DMU DOWNTOWN MIXED USE
WAREHOUSING IRCN-R INDIAN RIVER CITY
M-2 HEAVY INDUSTRIAL NEIGHBORHO OD RESIDENTIAL
M-3 HIGHWAY INDUSTRIAL INFILL IRCN-C INDIAN RIVER CITY
PID PLANNED INDUSTRIAL DEVELOPMENT NEIGHBORHO OD COMMERCIAL

Aerial 2020

±
OVERLAY DISTRICTS
TSA TITUSVILLE SHORELINE AREA
AIA AIRPORT IMPACT AREA
WCA WETLAND AND CONSERVATIONA AREA
ACC AREA OF CRITICAL CONCERN
HPA HISTORIC PRESERVATION AREA
Date: Community Development Department
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City Council Regular - June 8, 2021 - 6:30 PM

Category: 8.
Item: B.
City of Titusville

To: The Honorable Mayor and City Council

From: William S. Larese, City Manager
Subject: 2021 U.S. Environmental Protection Agency (EPA) Brownfields
Community-Wide Assessment Grant
Department/Office: Community Development

Recommended Action:
Accept grant funding in the amount of $300,000 from the U.S. Environmental Protection
Agency (EPA) for a Brownfields Community-Wide Assessment Grant and approve the
associated budget amendment to authorize the expenditure of grant funds.

Summary Explanation & Background:

At its regular meeting on August 25, 2020, the Titusville City Council voted unanimously to
authorize staff to apply for a federal EPA Brownfields Community-Wide Assessment Grant,
which provides funding for the evaluation of multiple sites in the community that could potentially be
contaminated with hazardous substances, pollutants, contaminants, and/or petroleum.
The official announcement of the grant award recipients was released on May 11, 2021, and
Titusville was among the grantees, garnering $300,000 in funding for community-wide Brownfields
assessment.
The assessment process will be performed primarily within Titusville's Opportunity Zone, which
encompasses the city’s most vulnerable population. In addition, there are two priority sites that
have been identified for evaluation - 800 and 900 Main Street. The owners of these properties are
aware of the grant, and are supportive of the intent of the grant. Because of the prevalence of the
city's trail system in this vicinity, these two properties have significant potential for redevelopment;
however, due to their former uses, contamination could potentially exist.
The Community-Wide Assessment Grant will aid in determining whether contamination has affected
these properties, as well as other parcels that are in close proximity.

Alternatives:
Accept, with modifications, grant funding in the amount of $300,000 from the U.S. (EPA) for a
Brownfields Community-Wide Assessment Grant and approve the associated budget
amendment to authorize the expenditure of grant funds
Do not accept grant funding in the amount of $300,000 from the U.S. Environmental
Protection Agency (EPA) for a Brownfields Community-Wide Assessment Grant and do
not approve the associated budget amendment to authorize the expenditure of grant
funds

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Item Budgeted:
NA

Source/use of funds/Budget Book Page:

Strategic Plan:
No. 1 – Quality of LifeNo. 4 – Economic Development

Strategic Plan Impact:

Improve the well-being of the city and its residents through identification and
eradication of contaminated or potentially contaminated properties
Continue efforts to eliminate blighted conditions

ATTACHMENTS:
Description Upload Date Type
2021 Announcement - Brownfields 5/12/2021 Backup Material
Recipients
2021 Titusville-specific Assessment fact- 5/12/2021 Backup Material
sheet
2021 Brownfields Assessment Grant 5/12/2021 Backup Material
Application
EPA Brownfields Community-Wide 8/10/2020 Backup Material
Assessment Grant-Overview
BA BROW NFIELDS ASSESSMENT 6/2/2021 Backup Material

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May 11, 2021

The Honorable Daniel Diesel

Mayor of Titusville
555 South Washington Avenue
Titusville, FL 32796-3584

Dear Mayor Diesel:

On behalf of the United States Environmental Protection Agency (EPA), I am pleased to congratulate you
and confirm that the City of Titusville was selected as one of the entities EPA will begin negotiations
with to award a cooperative agreement for an Assessment Grant. The City of Titusville submitted an
outstanding application, and we deeply appreciate the tremendous commitment of time and energy that
went into its preparation.

Since its inception in 1995, EPA’s Brownfields Program has worked to help states and communities
around the country clean up and revitalize brownfield sites. We fully expect that these brownfield projects
will provide benefits to the environment and economy of local communities. Brian Gross, your Regional
Brownfields Contact, will work closely with the City of Titusville to negotiate the cooperative agreement
prior to the grant award. You may contact Brian Gross at 404-562-8604 or [email protected].

Again, congratulations on being selected! We look forward to working with you.

Sincerely,

David R. Lloyd, Director

Office of Brownfields and Land Revitalization

cc: Brian Gross

Peggy Busacca

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Brownfields 2021 Assessment Fact Sheet

Titusville, FL
Grant Recipient Information Publication Information
Name: City of Titusville Office: United States Environmental
Protection Agency
Phone: 321-567-3777 Land and Emergency
Management (5105T)
EPA Information Document
Washington, D.C. 20460
EPA-560-F-21-066
Number:
Region: EPA Region 4 Brownfields Team Publication May 2021
Phone: 404-562-8604 Date:
Website: https://www.epa.gov/brownfields/brownfields-and-
land-revitalization-alabama-florida-georgia-kentucky-
mississippi-north-0

Overview of the EPA Brownfields Program

EPA's Brownfields Program empowers states, communities, and other stakeholders to work together
to prevent, assess, safely clean up, and sustainably reuse brownfields. A brownfield site is real
property, the expansion, redevelopment, or reuse of which may be complicated by the presence or
potential presence of a hazardous substance, pollutant, or contaminant. The Small Business Liability
Relief and Brownfields Revitalization Act of 2002, as amended by the Brownfields Utilization,
Investment and Local Development Act of 2018, was passed to help states and communities around
the country clean up and revitalize brownfield sites. Under this law, EPA provides financial assistance
to eligible applicants through five competitive grant programs: Multipurpose Grants, Assessment
Grants, Revolving Loan Fund Grants, Cleanup Grants, and Environmental Workforce Development
and Job Training Grants. Additionally, funding support is provided to state and tribal response
programs through a separate mechanism.

Assessment Grant

$300,000

EPA has selected the City of Titusville for a Brownfields Assessment Grant. Community-wide grant
funds will be used to conduct 12 Phase I and eight Phase II environmental site assessments. Grant
funds also will be used to develop a site inventory list, prepare four cleanup plans, and support
community outreach activities. Assessment activities will focus on the city's Downtown Core, one of
the most distressed areas of the city. Priority sites include a Main Street property with a long history,
having been used for office space, warehouse and storage space, vehicle repair, cabinet
manufacturing, a tattoo and piercing shop, a roofing company, and an A/C and heating repair shop,
as well as an adjacent property used for on-site vehicle repair and underground storage tanks.

For further information, including specific grant contacts, additional grant information, brownfields
news and events, and publications and links, visit the EPA Brownfields Web site (http://www.epa.gov
/brownfields).
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FY21
Narrative Information Sheet

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City of
Gateway to Nature & Space
555 SOUTH WASHINGTON AVENUE Community Development Department
TITUSVILLE, FLORIDA 32796-3584 (321) 567-3756
POST OFFICE BOX 2806 (32781-2806) www.titusville.com

1. Applicant Identification
City of Titusville, Florida
555 South Washington Avenue
Titusville, Florida 32796-3582

2. Funding Requested
a. Assessment Grant Type: Community-wide
b. Federal Funds Requested
i. $300,000
ii. Not Applicable

3. Location
a) City of Titusville b) Brevard County c) Florida
4. Property Information for Site-Specific Applications
Not Applicable
5. Contacts
a. Project Director
Ms. Peggy Busacca, Community Development Director
321-567-3777
[email protected]
555 South Washington Avenue
Titusville, Florida 32796-3584

b. Highest Ranking Elected Official

Mayor Walt Johnson
321-567-3702
[email protected]
555 South Washington Avenue
Titusville, Florida 32796-3584

6. Population
City of Titusville, Florida: 45,483 (US Census: 2014-2018 American Community Survey)

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City of
Gateway to Nature & Space
555 SOUTH WASHINGTON AVENUE Community Development Department
TITUSVILLE, FLORIDA 32796-3584 (321) 567-3756
POST OFFICE BOX 2806 (32781-2806) www.titusville.com

7. Other Factors Checklist

None of the Other Factors listed below apply to the proposed brownfield project.
Other Factors Page #
Community population is 10,000 or less. N/A
The applicant is, or will assist, a federally recognized Indian Tribe or N/A
United States territory.
The priority brownfield site(s) is impacted by mine-scarred land. N/A
The priority site(s) is adjacent to a body of water (i.e., the border of the N/A
priority site(s) is contiguous or partially contiguous to the body of water or
would be contiguous or partially contiguous with a body of water but for a
street, road or other public thoroughfare separating them).
The priority site(s) is in a federally designated flood plain. N/A
The reuse of the priority site(s) will facilitate renewable energy from wind, N/A
solar, or geothermal energy; or will incorporate energy efficiency measures
30% or more of the overall project budget will be spent on eligible reuse
planning activities for priority brownfield site(s) within the target area.

8. Letter from the State or Tribal Environmental Authority

See attached

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FLORIDA DEPARTMENT OF Ron DeSantis

Governor

Environmental Protection Jeanette Nuñez

Lt. Governor
Bob Martinez Center Noah Valenstein
2600 Blair Stone Road Secretary
Tallahassee, FL 32399-2400

September 10, 2020

Cindy Nolan
Brownfields Program
U.S. Environmental Protection Agency
61 Forsyth Street, S.W. 10th Floor
Atlanta, GA 30303-8960
[email protected]

Dear Ms. Nolan:

The Florida Department of Environmental Protection (Department) acknowledges and supports

the City of Titusville’s Brownfields grant application for a Community-Wide Hazardous
Substance and Petroleum or Petroleum Products Assessment Grant. The Department understands
that this application has been prepared in accordance with the U.S. Environmental Protection
Agency’s (EPA) guidance document EPA-OLEM-OBLR-20-06, titled “Guidelines for
Brownfields Assessment Grants.” This letter of acknowledgement addresses the requirement for
a “Letter from the State or Tribal Environmental Authority,” described in SECTION IV.D.8.
EPA Brownfields grant funding will strengthen the City’s cleanup and redevelopment efforts.
This federal grant effort also supports Florida’s Brownfields Redevelopment Act and the
Department’s role in administration of site rehabilitation of contaminated sites.

The Department encourages EPA grant recipients to use the incentives and resources available
through Florida’s Brownfields Redevelopment Program with EPA grant funding to enhance the
success of their Brownfields project. The Department recommends that the City of Titusville
consider including Brownfields sites or areas that could potentially receive federal funding in a
state-designated Brownfield area. The City is also encouraged to contact Lu Burson, the Central
District Brownfields Coordinator, at (407) 897-2912 to learn more about the Florida Brownfields
Redevelopment Program.

Sincerely,

Kelly Crain, Environmental Manager

Brownfields and CERCLA Site Screening Section

KC/jc

cc:
Lisa Nicholas, City of Titusville – [email protected]
Lu Burson, DEP Central District – [email protected]

www.dep.state.fl.us
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FY21
Threshold Criteria

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City of Titusville, FL
FY2021 US EPA Brownfields Assessment Threshold Criteria

Threshold Criteria
1. Applicant Eligibility: The City of Titusville, Florida, as a local unit of government is eligible
to apply for the EPA Brownfield Community-wide Assessment Grant as defined under 2 CFR
200.64.
2. Community Involvement: The City of Titusville has proven its community engagement
success through the creation of the Titusville Community Redevelopment Agency (CRA) and the
Neighborhood Revitalization Strategy Area (NRSA), where the City identifies and focuses on
revitalization issues that afflict its downtown area. To jumpstart this brownfield redevelopment
initiative, at its regular meeting on August 25, 2020, the City Council discussed the EPA Brownfield
Program and the benefits of creating a long-lasting brownfield program for the City. The Council
granted approval to reapply for the EPA Brownfield Community-wide Assessment grant. To
establish Titusville’s Brownfield Program, the City will use past successful strategies to partner
with local organizations and target-area residents by educating and seeking their input and
involvement during community meetings, from initial site identification and prioritization, to
planning and final redevelopment of brownfield sites within the target area. To ensure that the
community is informed of future meeting dates, project progress, and milestones, the City will use
various forms of public notices, such as direct mailers, press releases, and collaborative
announcements with various civic groups. In addition, information will be available on the City’s
website and social media platforms (Facebook), local newspapers, flyers, and advertisements
published in local periodicals. The City will disseminate messaging through its proprietary
publications, such as Titusville Talking Points. The City’s numerous platforms provide several
venues for target-area residents to offer feedback on site identification and prioritization, as well
as input on the optimum use of brownfield grant funds to serve the community with future reuse
planning. A Community Involvement Plan (CIP) will be developed to communicate project progress
and describe planned community engagement activities and schedule, project background, and key
players for the brownfield assessment project, which residents can review at City Hall or on the
City’s website.
Target-area residents will be educated on the fundamentals of the EPA Brownfield Program and
how EPA grant funding can assist in revitalizing the community. The City will gather information
provided by target-area residents during all meetings and will strongly consider all concerns and
comments when determining site prioritization and future reuse planning. During planned
quarterly Brownfield Project Team meetings, the City will address each comment and respond
as needed. The City will provide program updates on planned tasks, milestones, site selection,
and a summary of accomplishments on a quarterly basis and at regularly scheduled City Council
meetings. When required during the COVID-19 pandemic, City meetings have been in-person
with social distancing, broadcasted on closed-circuit television, and livestreamed over YouTube
to ensure participants’ safety. This method will continue for all brownfield-related meetings while
strict COVID-19 public health safety precautions are warranted. If necessary, attendees will
receive electronic communications between meetings. In addition, the Economic Development
Office (EDO) has established a COVID information webpage guiding visitors to resources and
providing useful information on safety precautions, protocols for in-person meetings with social-
distancing, details on Zoom or Teams meetings, and COVID-related information via social media
presence on Facebook and YouTube.
3. Expenditure of Assessment Grant Funds: The City of Titusville, Florida affirms that the City
does not have an active EPA Brownfield Assessment Grant.

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FY21
Narrative

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City of Titusville, FL
FY2021 US EPA Brownfields Assessment Grant

1. PROJECT AREA DESCRIPTION AND PLANS FOR REVITALIZATION

a. Target Area and Brownfields i. Background and Description of Target Area: Located on the
Space Coast of Florida, the City of Titusville is often referred to as the Gateway to Nature & Space.
Incorporated in 1887, the City is situated along the Indian River 10 miles northwest of Kennedy
Space Center (KSC) and less than 18 miles from Cape Canaveral Air Force Station (CCAFS) and
Port Canaveral. The area, once known for its citrus industry, experienced a massive transformation
in the 1960s with the construction of the Kennedy Space Center in 1962. 1 The “Space Race”
stimulated rapid technological and space-industry development throughout the country, and
0

Brevard County led the charge as the fastest-growing county in the United States, adding more
than 75,000 space-industry scientists, engineers, technicians, and personnel by the 1960s. 2 Area
manufacturing jobs increased from 430 in 1950 to over 17,000 in the 1970s. 3 Undoubtedly, the
1

space industry brought an economic boom and an eventual bust to Titusville with the establishment
2

and closures of the Apollo Program (1961-1972) and the Shuttle Program (1981-2011). 4 3

The termination of the Shuttle Program resulted in the loss of roughly 9,000 direct high-
technology jobs and 14,000 indirect jobs in Brevard County. The City’s population peaked in 2008
with 45,664 and reduced to 43,853 in 2011 (4% decline) after the closure of the Shuttle Program. 5 4

The Shuttle Program’s end caused massive job losses, and the resulting population decline
negatively impacted the local economy, which contributed directly to disinvestment in Titusville’s
downtown area as the number of patrons dwindled. To make matters worse, as the space industry’s
massive employment reduction continued, the direct-support business failure rate increased,
causing a higher concentration of vacant and blighted structures throughout Brevard County and
within the city limits of Titusville.
The target area for this assessment project, Titusville’s Downtown Core, is “one of the most
distressed areas of the city and encompasses the highest concentration of low-income and minority
population in the city.” 6 The Downtown Core is comprised of Census Tract (CT) 607 and CT
5

714. A federally designated Opportunity Zone (OZ), CT 607 is also a Tier 1 priority area for
community revitalization in the Neighborhood Revitalization Strategy Area (NSRA). The City’s
Draft 2021–2026 Community Development Block Grant (CDBG) 5-Year Consolidated Plan
selected this area “to create economic opportunities through the HUD’s CDBG program for those
residents residing in the district while meeting the criteria outlined by HUD for such initiative.”6
CT 714 is home to the historic Downtown Core, as well as low-income and underserved residential
neighborhoods and businesses. The Titusville Community Redevelopment Agency (CRA),
established in 1984, includes CT 714 as part of the 300-acre Downtown CRA, which is focused
on the overall revitalization of the historic downtown and neighborhoods within its boundaries.
ii. Description of the Priority Brownfield Site(s): The Downtown Core contains over 46
vacant/blighted buildings and properties, several of which were constructed prior to 1973 and are
in various levels of disrepair. Furthermore, the environmental contaminants from past land use is
unknown. 7 The City intends to identify and prioritize additional properties during a full brownfield
6

site inventory process involving project partners and target-area residents.

The City has identified two priority sites within the Downtown Core target area for
assessment and revitalization. The first site is 900 Main Street (900, 902, and 906 Main Street).
This vacant, 1.7-acre site is located on Main Street leading into the downtown core area and is

1
https://en.wikipedia.org/wiki/Kennedy_Space_Center
2
2002, William Carnaby Fahgerty, “Florida’s Space Coast, The Impact of NASA on the Sunshine State”
3
2011, Aug 3, State of News Service,”Adams Introduces Legislation to Retain Jobs and Spur-Economic Growth in Brevard County”
4
http://en.wikipedia.org/wiki/Applo_program and https://www.nasa.gov/centers/wstf/about_us/our_history/Appllo_era.html
5
2012 April, Economic Development Commission of Florida Space Coast, Community Data, Titusvill
6
2018, Nov 6, Terrie Franklin, Neighborhood Services Director, City of Titusville”
7
https://www.titusville.com/Page.asp?NavID=2447

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City of Titusville, FL
FY2021 US EPA Brownfields Assessment Grant

within 250 feet of residential properties in the Tier 1 HUD Neighborhood Revitalization Strategy
Area (NRSA) and Opportunity Zone. Throughout its 73-year history, the property has been used
for office space, warehouse/storage, recreational vehicle repair service, cabinet manufacturing, a
tattoo and piercing shop, a roofing company, and A/C and heating repair. The existing vacant
property and on-site buildings are in disrepair as evidenced by the broken windows, unsecured
exterior doors, boarded-up windows and second-story dilapidated access stairs, as well as
overgrowth around buildings and unrestricted site access to the general public. The on-site
buildings constructed in the 1940s have asbestos-containing building materials (ACM), lead paint,
molds, and mildews, and they pose a health and safety concern. In 2005, the City Code
Enforcement department designated the building as “Not Suitable for Occupancy” due to ongoing
disrepair issues. Common contaminants of concern associated with the past land use include
chlorinated solvents, fuels, oils, and heavy metals. The current property owner has expressed
interest in revitalizing the site to support the City’s efforts in promoting the trail-related tourist
industry. The City intends for this site to be redeveloped into a tourist destination, which will
include overnight lodging for bicyclists and tourists, eateries, bicycle parts and repair
stations, bathrooms, and rest areas directly aligning with the City’s revitalization plans. The
City has been granted permission to access this property for assessment.
The second site 800 Main Street a vacant 0.66-acre parcel, was built in 1966, which is adjacent
to the 900 Main Street property. The 800 Main Street site has been vacant for over five years
and, since the early 1970s, was used for engineering, plumbing, electrical contracting, storage,
vehicle repair, and trucking. The site, secured with boundary fencing, has a history of on-site
vehicle repair and maintenance operations including former underground storage tanks (USTs).
Contaminants of concern associated with the past land use include fuels, oils, solvents, and
electrical equipment containing polychlorinated biphenyls (PCB). A prime location for
redevelopment, the site is intended to be redeveloped into an auto racing electronic
manufacturing/assembly establishment. This use aligns directly with the tenants of the
Opportunity Zone, the City’s downtown core expansion, and existing revitalization plans. The
City has been granted permission to access this property for assessment from the new
property owner.
b. Revitalization of the Target Area i. Reuse Strategy and Alignment with Revitalization Plans:
Three multi-use trails converge at the City’s Downtown Core, including the Coast-to-Coast Trail,
St. Johns River-to-Sea-Loop, and the East Coast Greenway trails. The Florida Department of
Environmental Protection (FDEP) designated the City of Titusville as the second Trail Town in
Florida. 8 The City of Titusville has worked tirelessly to create a business- and residential-friendly 7

atmosphere by establishing creative and imaginative strategies and revitalization plans to attract
residents and tourists to Titusville. The City’s Downtown Core revitalization framework is
established in the City’s draft NRSA, the draft 2040 Comprehensive Plan, CRA Plan, 2017
Economic Development Strategic Plan, and Multimodal Master Plan, all of which offer
strategies for tackling the City’s revitalization challenges: spurring economic development;
revitalizing residential communities; promoting new residential development; providing for
transportation projects, capital projects, and public improvements; establishing enhanced
recreation areas; and, ultimately, improving the residents’ quality of life and health lifestyle. The
plans were developed based on market analysis, economic development assessment, and
stakeholder and public input to identify community-building revitalization opportunities. These
plans provide the structure to maximize and expand the benefits and use of current area assets,

8
2018, June 28, City of Titusville, Community Relations Director Jim Thomas Press Release

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City Council Regular - June 8, 2021 - 6:30 PM
City of Titusville, FL
FY2021 US EPA Brownfields Assessment Grant

such as trails, transportation, infrastructure, business, natural resources, and parks, while
revitalizing these areas through new investment opportunities designed to increase the tax base.
The draft 2040 City Comprehensive Plan vision embraces the City’s FDEP designation as a
“Trail Town” by expanding pedestrian and bicycle infrastructure, enhancing a pedestrian scale and
feel, providing for new forms of residential development and mobility, and implementing growth
policies to accommodate future development. The Plan encompasses many objectives:
discouraging urban sprawl through incorporation of Future Land Use objectives that promote
compact development and improve blighted areas; establishing residential, retail, office, and civic
uses in close proximity to promote public transit, walking, and bicycling; and encouraging infill
development of vacant properties and the redevelopment of blighted areas. The City’s Future Land
Use strategies allow multifamily, commercial, and mixed light industrial uses to enhance existing
development patterns and increase development density within and adjacent to the Downtown
Core. The City’s Multimodal Master Plan builds on economic development and the local quality
of life by outlining a prioritized list of trails, as well as on-street bicycle and pedestrian
infrastructure that helps to integrate the City into the regional trail network.
All of the City’s Plans share a primary focus to maintain and strengthen community character
while building a strong downtown and revitalizing distressed neighborhoods into vibrant
residential communities to ensure a high quality of life for the City’s CRA Downtown Core and
low-income residential NRSA area. The 900 Main Street and 800 Main Street priority sites are
located within the future land use plans for the City’s Downtown Core’s westward expansion. The
redevelopment of 900 Main Street proposes a tourist destination that could include overnight
lodging for bicyclists and tourists, eateries, bicycle parts and repair stations, bathrooms, and
a rest area, which aligns with the City Plans. The transformation of the 800 Main Street priority
site into an auto-racing-related electronic assembly manufacturing facility also aligns with
the City Plans. The redevelopment of these facilities will create job opportunities with higher
wages and will help to reduce the target area’s systemic poverty level within the NRSA,
Opportunity Zone, and surrounding areas.
ii. Outcomes and Benefits of Reuse Strategy: The intended redevelopment at the 900 Main Street
priority site will create an economic benefit by promoting tourism within the City through the
establishment of bicycle-trail-related businesses and recreational venues. Sensitive populations
living in the target area will experience economic and non-economic benefits from the established
trail system, which will provide access to more than 12 new service and management job
opportunities at 900 Main Street, as well as the added health benefits that come from utilizing
multi-use trail systems. The proposed redevelopment of the 800 Main Street priority site into a
multi-use property, which includes electronic manufacturing, will promote and enhance the
redevelopment in the Tier 1 NSRA and Opportunity Zone. In addition, the 800 Main Street
facility is slated to provide 12 additional high-paying jobs with in-house training
opportunities. The acquisition of additional adjacent properties will further expand
employment opportunities for area residents in the future. The revitalization of this site will
also provide the City with additional business tax revenue from the previously vacant idle site. The
assessment of the priority sites located within the target area (which are also part of the federally
designated Opportunity Zone CT 607) will set the stage for revitalization to help to eradicate
blight, provide for commercial reuse, create employment opportunities within walking distance to
the Downtown Core and NRSA areas residence, provide for bicycle facilities, and enhance
manufacturing opportunities. Investment in the target area will enhance the overall appearance and
create a more positive community atmosphere for all to enjoy.

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c. Strategy for Leveraging Resources i. Resources Needed for Site Reuse: The City as a local
unit of government is eligible to apply for county, state, and federal grant funding. The City of
Titusville is working diligently to secure additional funding to further its Brownfield Program
redevelopment goals and is currently pursuing the following funding opportunities:
Agency Funding Purpose
HUD Community Development Demolition of remediated brownfield sites throughout the
Block Grant (up to $500,000) target area.
FDEP Petroleum Restoration Site cleanup and/or remediation of petroleum-impacted
Program (PRP) (up to $300,000) sites.
Brownfield Voluntary Cleanup Encourage developers to utilize VCTC when
Tax Credit (VCTC) (up to remediating/cleaning up sites within the target area.
$250,000)
Special Tax Increment Funds Cost sharing grants and permit incentives, which will be
(TIF Revenue) used to assist property owners in restoring historical
building facades and removing blight.
City of Titusville Chamber of Ensure the Opportunity Zone tax incentives are marketed
Commerce to developers and investors to further site reuse.
ii. Use of Existing Infrastructure: The City’s existing infrastructure (transportation, power,
water/sewer) within the target area is adequate for site redevelopment and revitalization. The
City’s planned recreation and trail additions throughout the Downtown Core will continue to use
existing sidewalk and trail infrastructure. If additional infrastructure improvements are needed, the
City will use funding from property taxes, utility fees, and federal and state grants.
2. COMMUNITY NEED AND COMMUNITY ENGAGEMENT
a. Community Need i. The Community’s Need for Funding: The residents of the Downtown Core
suffer from low income and high unemployment. Target-area (population 6,075) residents have an
average per capita income of $21,923, which is well below the city ($25,482), county ($30,987),
state ($30,197) and national ($32,621) averages. 9 The unemployment rate is at 10%, and 49% of
8

the population 16 years and older are not in the labor force.9 The target area has an average poverty
level of all people at 34%, with 48% of individuals living in poverty being under the age of 18
and 20% over 65 years living in poverty, which is significantly higher than the city
(17%/28%/11%) averages.9 Even more concerning, households receiving food stamp assistance
(36%) in the target area is much higher than the city (17%), county (11%), and state (14%)
averages.9 All of these factors demonstrate the residents’ financial needs, as well as the City’s need
to enhance the quality of life for the residents of the target area.
The City has been able to finance special revitalization projects, including upgrading local
infrastructure, pedestrian facilities, streetscape projects, capital improvements, renovations of
exteriors, code compliance assistance, and historic building façade renovations throughout the
target area using funds from tax increment financing (TIF), bonds, and tax incentive programs.
Unfortunately, these funds are not available for real property environmental assessments. The
financial assistance provided by the US EPA Assessment Grant will supplement the City’s
revitalization efforts and bring new economic opportunities and an improved quality of life to the
target area.
ii. Threats to Sensitive Populations: (1) Health or Welfare of Sensitive Populations: The sensitive
populations within the target area include youth and elderly, nonwhite minorities, female heads

9
US Census American Community Survey 2014-2018

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of household, and those living in poverty. The poverty level for all people within the target area
is 34%, with 48% of individuals being under the age of 18 and 20% of those 65 years and
older living in poverty. 10 The nonwhite minorities make up 39% of the target area, which is
significantly higher than the city (18%), county (17%), state (25%) and national (27%) averages.10
Within Census Tract 607, 54% of the female head of household families are living below the
poverty level, compared to the city at 33%.10
In addition, the large demographic of low-income individuals in the target area has a high 1

average housing vacancy rate of 35% as compared to city (23%), state (17%) and national (12%)
averages.10 The high number of vacant buildings provide refuge for drug use and other criminal
activities to flourish. The Bureau of Justice Statistics reports that persons living in poor households
at or below the Federal Poverty Level have more than double the rate of violent victimization than
individuals in high-income households. Titusville exceeds the state and US national averages
for violent and property crimes with the 2018 violent crime rate being 622 offenses per
100,000 (100K) inhabitants, as compared to the state (385/100K) and US national (381/100K)
statistics. The City’s property crime rate was 3,004/100K versus the state’s (2,282/100K) and
US national’s (2,200/100K). 11,12,13 City-conducted community surveys found that 60% of
1 1 1

respondents ranked mental health and substance abuse as significant problems in the community. 14
Parrish Hospital’s 2019 Community Surveys identified that the greatest common health
concerns in North Brevard County include cancer, diabetes, heart disease, and obesity. In addition,
the study found that 41% of the City’s children are overweight or obese. The Brevard County 2019
Community Health Needs Assessment Report found a high prevalence of heart disease (12%)
within North Brevard County compared to the overall state and county levels of 8%. People who
are not physically active are at twice the risk for heart disease as those who are active. Additionally,
many cancers can be prevented by reducing risk factors, such as lack of physical inactivity, poor
nutrition, and obesity. Unsafe and dilapidated brownfield structures littered throughout the
Downtown Core, coupled with criminal activity in the Target Area, discourage residents from
walking and engaging in outdoor physical activities. The redevelopment of the 900 and 800 Main
Street priority sites, located adjacent to existing trails, will help to promote access to pedestrian
facilities, bolster employment opportunities, create a sense of community pride, increase hope,
suppress criminal activity, and ultimately promote a healthier environment and better lifestyle
choices. Within the target area, 17% of the residents do not have vehicle access and must rely on
walking, public transportation, or other available options.10 This becomes extremely important
because the target area is located within a USDA Food Desert. Through the identification of
contaminants at priority sites and the future redevelopment of the target area priority sites made
possible by the EPA Brownfield grant, funding will provide a direct benefit to the target area’s
sensitive population by reducing the safety threat and help individuals feel safe and more
comfortable utilizing existing sidewalks and trails to connect with other area residents, parks, and
employment opportunities.
(2) Greater Than Normal Incidence of Disease and Adverse Health Conditions: The identified
priority sites, as well as the potential for petroleum and chlorinated solvent used from past on-site
activities, are a cause for concern, as they negatively impact the sensitive population living in the
target area by causing a variety of health issues. The Brevard County 2019 Community Health
Needs Assessment Report found a high incident rate of kidney disease at 5% within North Brevard

10
US Census American Community Survey 2014-2018
11
2014 November, Bureau of Justice Statistics, 2008-2012 Report of Household Poverty and Nonfatal Violent Victimization
12
Information available on https://www.neighborhoodscout.com/fl/titusville/crime#description and reflects 2018 calendar year; released from FBI in September 2019
13
www.city-data.com/city/titusville-florida.html and https://nbbd.com/events/city-covid-19.html
14
2019 Parrish Hospital, Community Needs Assessment Report

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County, which includes Titusville, as compared to the county (3%) and state (3%) levels. The
Brevard County 2019 Community Health Needs Assessment Report also found a prevalence of
cancer rate of 10% in Brevard County compared to the state and US national rates of 8%
and 7%, respectively (City level health data unavailable). This is concerning given that
exposure to petroleum and specifically chlorinated solvents generally found in part cleaner and
other metal-cleaning products can cause cancer and damage to the kidneys and liver. North
Brevard County also has a high rate of respiratory-related illness, such as chronic obstructive
pulmonary disease (COPD) at 14% versus the county (12%), and state (8%). A total of 8.8% of
adults and a total of 9.4% of children under the age of 18 suffer from asthma in North
Brevard County. The exposure and inhalation of dust, including cement, silica, and other volatile
contaminants, can cause significant respiratory health concerns, such as COPD, for the sensitive
populations living in the target area. Furthermore, the health issues related to breathing are
compounded by the current COVID-19 pandemic. As of September 27th, there are 8,841 COVID-
19 cases with 794 hospitalizations and 293 fatalities in Brevard County. There are 568 COVID-19
cases in Titusville. 15 The revitalization of the target area made possible by the EPA Brownfield
grant funding will provide improved trail amenities and access to healthier food options for those
suffering from these ill health effects and will stimulate redevelopment activities within the greater
area. The identification and reduction of environmental threats allowing for redevelopment within
the target area will lead to environmental assessments at potential contaminated facilities within
that area and subsequent cleanup/remediation activities at these facilities, which in turn will
improve the overall ecological and environmental conditions for the population in the greater area.
(3) Disproportionately Impacted Populations: The sensitive populations within the target area
suffer disproportionately from economic factors as a direct result of the environmental
consequences of past industrial practices that continue to compound the issues arising from poverty
(86th percentile for low income population in the State per EJ Screen). With the environmental
unknowns at the priority sites, new businesses are not opening within the target area, thereby
exacerbating the environmental justice issues affecting the sensitive populations. The operations
at the priority sites occurred during a time when little caution was used with respect to the handling
and disposition of contaminants. Soils and ground water were potentially impacted by chlorinated
solvents, fuels, oils, and heavy metals sourced from the 900 Main Street (900, 902, and 906 Main
Street) site, and fuels, oils, solvents, and electrical equipment containing polychlorinated biphenyls
(PCB) sourced from the 800 Main Street site. This could negatively affect the residents through
migration and/or direct contact (none of the properties has controlled access). The past practices
are concerning, considering the EPA EJ Screen Report shows the target area is at 74% in the
EPA Region for Wastewater Discharge Indicator. Additionally, the EJ Screen Lead Paint Indicator
(80% in the state), Ozone (62% in the state), Traffic Proximity and Volume (77% in the state) and
Hazardous Waste Proximity (77% in the state) show that environmental disparities continue to
greatly affect the sensitive populations. The EPA grant will provide funding to assess the
environmental conditions of the sites within the target area, ensuring the path to revitalization.
Redevelopment within the target area will bring new businesses opportunities to the Downtown
Core and enhance the aesthetic character of the area, bringing a sense of pride, hope, investment,
and opportunities for the community.
Community Engagement i. Project Involvement and ii. Project Roles: Below is a sampling of
partners who will be involved in the process of site selection, prioritization, cleanup and future
redevelopment planning of the brownfield sites within the target area.

15
https://nbbd.com/events/city-covid-19.html

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Partner Name Point of Contact Specific role in project

North Brevard Troy Post, Director Assist with future reuse planning and
Economic 321-264-5205 economic development activities and
Development Zone incentives by working with state and local
partners.
Titusville Chamber Marcia Gaedcke, President Assist with outreach and site identification
of Commerce 321-267-3036 and prioritization.
Florida Steve Wilson, President Provide outreach resources for
Broadcasting 321-720-2925 broadcasting, recording and documenting
Group progress of the assessment projects.
Titusville Rotary Thomas Perez, President Assist with education and outreach and
Club 240-285-6189 cleanup planning efforts.
iii. Incorporating Community Input: To jumpstart this brownfield redevelopment initiative, at its
regular meeting on August 25, 2020, Titusville City Council discussed the EPA Brownfield
Program and the benefits of creating a long-lasting brownfield program for the City. The Council
granted approval to reapply for the EPA Brownfield Community-wide Assessment grant.
To support Titusville’s Brownfield Program, the City will use past proven strategies to partner
with the local organizations and target-area residents by educating them and seeking their input
and involvement during community meetings, from initial site identification and prioritization, to
planning and final redevelopment of brownfield sites within the target area. To keep the
community informed of meeting dates, project progress, and milestones, the City will use various
forms of public notices, such as flyers, direct mailers, press releases, and collaborative
announcements with various civic groups. In addition, information will be available on the City’s
website and social media platforms (Facebook), local newspapers, flyers, and advertisements
published in local periodicals. The City will disseminate messaging through its proprietary
publications, such as Titusville Talking Points. The City’s numerous platforms provide several
venues for target-area residents to offer feedback on site identification and prioritization, as well
as input on the optimum use of brownfield grant funds to serve the community with future reuse
planning. A Community Involvement Plan (CIP) will be developed to communicate project progress
and describe planned community engagement activities and schedule, project background and key
players for the brownfield assessment project which residents will be able to review at City Hall or
on the City’s website.
Target-area residents will be educated on the fundamentals of the EPA Brownfield Program
and how EPA grant funding can assist in revitalizing the community. The City will gather
information provided by target-area residents during all meetings and will strongly consider all
concerns and comments when determining site prioritization and future reuse planning. During
planned quarterly Brownfield Project Team meetings, the City will address each comment and
respond as needed. The City will provide program updates on planned tasks, milestones, site
selection, and a summary of accomplishments on a quarterly basis and at regularly scheduled
City Council meetings. When required during the COVID-19 pandemic, City meetings have
been in-person with social distancing, broadcasted on closed-circuit television and livestreamed
over YouTube to ensure participants’ safety. This method will continue for all brownfield related
meetings while strict COVID-19 public health safety precautions are warranted. If necessary,
attendees will receive electronic communications between meetings.
3. TASK DESCRIPTIONS, COST ESTIMATES, AND MEASURING PROGRESS
a. Description of Tasks/Activities and Outputs: The City of Titusville is requesting an EPA

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Brownfields Grant in the amount of $300,000 for a community-wide assessment program.

Task 1: Outreach
i. Project Implementation: The Brownfield Program Manager will develop a CIP, outreach materials,
brownfield project website, and social media posts with the assistance of the environmental consultant
(consultant). City staff will lead the community meetings (virtual/online during COVID-19 and in-
person post COVID-19) to keep the public informed on project plans and updates. Supplies are budgeted
for the printing of materials (brochures/handouts), office supplies, and software to manage the grant.
ii. Anticipated Project Schedule: CIP created within 3 months of award (upon completion a more concrete
schedule will follow). Community Meetings held 1st and 7th quarter. Website and Outreach Materials
created in the 1st quarter and posted monthly throughout the grant project.
iii. Task/Activity Lead: Economic Development Director Lisa Nicholas: Brownfield Program Manager
iv. Outputs: CIP, Brownfield Website, 2 Community Meetings and associated handouts,
brochures/handouts, social media platform posts, meeting sign-in sheet, and meeting minutes.
Task 2: Site Inventory
i. Project Implementation: The Brownfield Program Manager will work with the residents living in the
target area during community meetings to create a thorough site inventory for assessment. Abandoned
and underutilized properties identified by the residents of the target area will be researched further by
City staff using the Geographical Information System (GIS). Once a list is compiled, the consultant will
work with City staff to create an evaluation ranking tool with the help of residents to determine the order
in which the sites will be addressed.
ii. Anticipated Project Schedule: Community meeting held in 1st quarter will continue the preliminary
inventory process that began with this application. The evaluation ranking process will take place in the
3rd quarter and continue throughout the grant project.
iii. Task/Activity Lead: Economic Development Director, Lisa Nicholas: Brownfield Program Manager
iv. Outputs: Evaluation Ranking Tool, Site Inventory List
Task 3: Assessment
i. Project Implementation: The consultant will conduct Environmental Site Assessment (ESA) activities
at sites selected and ranked through the Site Inventory Task, starting first with the two priority sites
listed in this application. ASTM-AAI compliant Phase Is; Generic Quality Assurance Project Plan
(QAPP); Phase IIs which will include the Site-specific QAPP (SS-QAPP).
ii. Anticipated Project Schedule: Assessment activities to begin in the 2nd quarter and will continue
throughout the grant project.
iii. Task/Activity Lead: The consultant will implement the technical aspects of the project with oversight
from the City’s Economic Development Director, Lisa Nicholas: Brownfield Program Manager.
iv. Outputs: 12 Phase I ESAs, 1 Generic QAPP, 8 Phase II ESAs including SS-QAPP
Task 4: Remediation/Reuse Planning
i. Project Implementation: For projects identified for cleanup, the consultant will prepare the Analysis for
Brownfields Cleanup Alternatives (ABCA) and/or Cleanup Plans. Cleanup planning will include
evaluating cleanup alternatives, calculating cleanup costs and determining site appropriate remediation
and/or reuse planning to reduce health/environmental risks. The consultant will assist the City in hosting
Charrettes/Visioning Sessions (virtual/in person depending on COVID restrictions) for key properties.
ii. Anticipated Project Schedule: Plans and Charrettes to begin in the 6th quarter and will continue
throughout the grant project.
iii. Task/Activity Lead: The consultant will implement the technical aspects of the project with oversight
from the City’s Economic Development Director, Lisa Nicholas: Brownfield Program Manager.
iv. Output(s): 4 ABCAs, 2 Vision Sessions/Charrettes
Task 5: Programmatic Support
i. Project Implementation: The City’s Brownfields Program Manager will oversee grant implementation
and administration to ensure compliance with the EPA Cooperative Agreement Work Plan, schedule

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and terms and conditions. The consultant will assist the City in completing ACRES Database Reporting,
Annual Financial Reporting, Quarterly Reporting, MBE/WBE Forms, and all additional Programmatic
Support for the three-year term of the grant. The City staff travel budget allows for two staff to attend
two national/regional/grantee brownfield training conferences/workshops.
ii. Anticipated Project Schedule: ACRES Reporting begins in the 1st quarter and Quarterly Reporting
begins in the 2nd quarter and continues throughout the grant project. Annual Reporting and Forms created
in 5th quarter, 9th quarter, and during final close out.
iii. Task/Activity Lead: Economic Development Director, Lisa Nicholas: Brownfield Program Manager
iv. Outputs: ACRES Database Reporting, 3 Annual Financial Reports, 12 Quarterly Reports, 3 MBE/WBE
Forms, Programmatic Support for the three-year grant period. Two staff to attend two conferences.
b. Cost Estimates: Below are the anticipated cost estimates for this project based on past
brownfield projects as determined by local market standards with contractual hourly rates based
on the skills needed for the specific tasks. The budget for this project includes travel, supplies and
contractual costs only. The City commits to spending over 70% of the budget on the Assessment
Activities. Task 1 Outreach: Contractual: Community Involvement Plan $5,000 (40hrs x $125),
Brownfield Website, Outreach Brochure/Handouts, Social Media Posts $2,000 (16hrs x $125), 2
Community Education Meetings $6,000 (48hrs x $125) ($3,000/meeting). Supplies: Outreach
Supplies (software, printouts, etc.) $1,500. Task 2 Site Inventory: Contractual: $7,000 (56hrs x
$125). Task 3 Assessment: Contractual: 12 Phase I ESAs $3,500 each for a total of $42,000, 1
Generic QAPP $4,500, 8 Phase II ESAs including SS-QAPP at $22,000 each for a total of
$176,000. Task 4 Remediation/Reuse Planning: Contractual: 4 ABCAs $6,500 each for a total
of $26,000, 2 Vision Sessions/Charrettes $6,000 ($3,000/meeting). Task 5 Programmatic
Support: Contractual: ACRES Database Reporting, Annual Financial Reporting, Quarterly
Reporting, MBE/WBE Forms, Programmatic Support for the three-year grant period $19,000
(152hrs x $125). Travel: Two staff to attend two conferences $5,000 (flights at $750, 3 nights in
hotel at $350, incidentals and per diem at $150 x 2 attendees).
Tasks
Category Outreach Site Inventory Assessment Remediation/ Programmatic Totals
Reuse Planning Support
Travel $5,000 $5,000
Supplies $1,500 $1,500
Contractual $13,000 $7,000 $222,500 $32,000 $19,000 $293,500
Total Budget $14,500 $7,000 $222,500 $32,000 $24,000 $300,000
b. Measuring Environmental Results: To ensure this EPA Brownfield Grant is on schedule the
City Brownfields Program Team, which will include the qualified environmental consultant, will
meet quarterly to track all outputs identified in 3.a using an Excel spreadsheet and will report all
progress in fulfilling the scope of work, goals, and objectives to the EPA via quarterly reports. In
addition, project expenditures and activities will be compared to the projects schedule to ensure
the grant project will be completed within the three-year time frame. Site specific information will
be entered and tracked in the ACRES database. The outputs to be tracked include the number of
neighborhood meetings, public meetings, meetings with community groups and project partners,
environmental assessments, ABCAs, and cleanup redevelopment plans. The outcomes to be
tracked include community participation, acres assessed, acres ready for reuse, redevelopment
dollars leveraged, and jobs created. In the event the project is not being achieved in an efficient
manner, the City has countermeasures in place to address this problem, which include making
monthly calls to their EPA Project Officer and, if needed, revising the existing Work Plan to help

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the project to get back on schedule.

4. PROGRAMMATIC CAPABILITY AND PAST PERFORMANCE
a. Programmatic Capability i. Organizational Structure and ii. Description of Key Staff: Ms.
Peggy Busacca, Community Development Director, is responsible for the oversight of the
Community Redevelopment and Economic Development departments and will be the Brownfield
Program Director available for support throughout the duration of the grant. With a master’s in
urban and regional planning, she has over 30 years of experience in community development and
management, including seven years with the City of Titusville. Ms. Lisa Nicholas, Economic
Development Director, will be responsible for execution of the day-to-day activities, timely and
successful expenditure of funds, and the completion of administrative and financial requirements
of the brownfield assessment project as the Brownfield Program Manager. Currently pursuing her
master’s in public administration, she has more than 20 years of experience in state and local
government, as well as an extensive background in policy, legislative analysis, and
communications/marketing. Mr. Tim Ford, Redevelopment Planner has been with the City of
Titusville for five years and has been involved in the area of redevelopment for more than 20 years.
He will assist Ms. Nicholas with the day-to-day activities involved with the administration of the
EPA Brownfield grant. Ms. Bridgette Clements, Finance Director, has been with the City for 10
years and is responsible for the oversight of the City’s Finance Department with duties that include
managing the City’s annual operating and capital budgets, as well as the Comprehensive Annual
Financial Report (CAFR) and State-required annual financial reports. With more than 20 years of
experience as a Finance Manager for local governments and nonprofit organizations, Ms. Clements
will be responsible for managing the finances and all drawdowns through ASAP.gov for this EPA
grant project.
iii. Acquiring Additional Resources: Using local contracting requirements and procurement
processes, the City will procure a qualified environmental consultant to assist with technical and
reporting portions of the Brownfield Community-wide Assessment. The City will ensure
compliance with the EPA’s “Professional Service” procurement process.
b. Past Performance and Accomplishments ii. Has Not Received an EPA Brownfields Grant
but has Received Other Federal or Non-Federal Assistance Agreements: (1) Purpose and
Accomplishments: In 2018, the City was awarded $1,060,500 from Enterprise Florida and the
Florida Department of Economic Opportunity for the Southern Service Area Water Main Loop
consisting of 9,236 feet of new 16-inch public water main. This project served as a catalyst that
brought several companies to this area, resulting in $350,000,000 in capital investment and
approximately 725 new jobs. The grant project closed in August 2020. In 2017, the City was
awarded $400,000 from the State Department of Environmental Protection to construct and
provide engineering oversight for five second-generation baffle boxes fitted with nutrient-reducing
filtration media. The project’s span is 1,100 acres and will reduce the total maximum daily loads
(TMDLs) of nitrogen and phosphorous into the Indian River Lagoon. The project is slated for
completion in December 2020.
(2) Compliance with Grant Requirements: The City of Titusville has a history of compliance with
grant work plans, schedules, and terms and conditions, and an excellent track record for timely
reporting with all awarding agencies. The reporting is conducted by using website portals for
submitting reports and other information. The City is on schedule on all active grants. Ms. Nicholas
and Ms. Clements are skilled in project management and will personally monitor all grant activities
to ensure compliance with all financial and reporting requirements.

10

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EPA Brownfields Assessment Grants:
Interested in Applying for Funding?
Here’s what you need to know...
Assessment Grant Application Guidelines

What Is EPA’s Brownfields Program? What Are Assessment Grants?

The U.S. Environmental
Protection Agency’s Inventory Sites: Compile a listing
(EPA) Brownfields Characterize Sites: Identify past uses
Program provides funds Assess Sites: Determine existing contamination
Program website at www.epa.gov/brownfields.

to empower states,
Conduct Planning Around One or More Brownfield:
communities, and other Initiate site revitalization and prepare for site redevel-
Salt Lake City, Utah (before)
stakeholders to work opment
together to prevent, assess, safely clean up, and Conduct Site-specific Cleanup and Redevelopment
sustainably reuse brownfields. EPA provides technical and Planning: Scope and plan process
financial assistance for brownfields activities through an Conduct Community Involvement: Inform and engage
approach based on four main goals: protecting human community
health and the environment, sustaining reuse, promoting
partnerships, and strengthening the marketplace. What Types Of Assessment Grants Are
Brownfields grants serve as the foundation of the
Available?
Brownfields Program and support revitalization efforts by
funding environmental assessment, cleanup, and Community-Wide Grants:
Important: This document is not a substitute for the EPA

environmental Applicants may apply for a Community-wide

workforce and job Assessment Grant if a specific site has not been
identified or if the assessment will address more than
training activities.
one site within the community.
Thousands of
Applicants may request up to $300,000 to address
properties have been hazardous substances and/or petroleum contamination.
assessed and cleaned
up through the Salt Lake City, Utah (after) Site-Specific Grants:
Brownfields Program, clearing the way for their reuse. A Site-specific Assessment Grant must be applied for if
located on the

the assessment is limited to one, and only one, site.

Applicants may request up to $200,000, or up to $350,000
with a waiver request, to address hazardous substances
A brownfield is defined as: real property, the and/or petroleum contamination.
expansion, redevelopment, or reuse of which Applicants will not be allowed to substitute another site
may be complicated by the presence or potential where the subject site is determined to be ineligible.
presence of a hazardous substance, pollutant, or
Assessment Coalition Grants:
contaminant. The Brownfields Law further
An Assessment Coalition is comprised of one lead
defines the term to include a site that is: member and two or more partners.
“contaminated by a controlled substance;
Coalition members are not eligible to apply for
contaminated by petroleum or a petroleum individual Community-wide or Site-specific Assessment
product excluded from the definition of Grants in the year they apply as part of a coalition.
‘hazardous substance’; or mine-scarred land.” The coalition may request up to $600,000 to work on a
minimum of five hazardous substances and/or
petroleum sites.

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Who Is Eligible To Apply For An How Do I Apply For An
Assessment Grant? Assessment Grant?
Applicants submit an application through
Eligible entities include:
www.grants.gov. Applications should be concise and
General Purpose Unit of Local Government. well organized, and must provide the information
Assessment Grant Application Guidelines

Land Clearance Authority or another quasi-governmental requested in the guidelines. Applicants must
entity that operates under the supervision and control of, demonstrate that they meet threshold criteria
or as an agent of, a general purpose unit of local govern- requirements and must respond to ranking criteria.
ment. Factual information about the proposed project and
Government Entity Created by State Legislature. community must be provided.
Regional Council or group of General Purpose Units of
Local Government.
Program website at www.epa.gov/brownfields.

Redevelopment Agency that is chartered or otherwise What Is The Evaluation/Selection

sanctioned by a state.
Process?
State.
Salt Lake City, Utah (before)
Indian tribe other than in Alaska. Responses to threshold criteria are evaluated on a
Alaska Native Regional Corporation, Alaska Native pass/fail basis. If the application does not meet the
Village Corporation, and Metlakatla Indian Community. threshold criteria, the application will not be
Nonprofit organization described in section 501(c)(3) of evaluated. In limited circumstances, EPA may seek
the Internal Revenue Code. to clarify information.
Limited liability corporation/partnership in which all
managing members/general partners are 501(c)(3) Brownfields Grants are awarded on a competitive basis.
nonprofit organizations or limited liability corporations Evaluation panels consisting of EPA staff and other federal
whose sole members are 501(c)(3) nonprofit organiza- agency representatives assess how well the applications
tions. meet the threshold and ranking criteria outlined in the
Important: This document is not a substitute for the EPA

Qualified community development entity as defined in Application Guidelines. The Office of Brownfields and
section 45D(c)(1) of the Internal Revenue Code of 1986. Land Revitalization will provide to the Selection Official
a ranking list of applicants to select based on the
application’s final score, availability of funds, and as
How Long Is The Assessment Grant appropriate, the other factors described in the Application
Period? Guidelines.
The performance period for an Assessment Grant is three
years. Is Pre-Application Assistance
located on the

Available?
Where Do I Find The Application
If resources permit, EPA Regions may conduct open
Guidelines? meetings with potential applicants. Check with your
Copies of the Application Guidelines can be obtained regional office for date and location information. Your
from EPA’s Brownfields Program website at regional Brownfields Program contacts can be found at
www.epa.gov/brownfields or from www.grants.gov. www.epa.gov/brownfields/brownfields-contacts-epa-
regional-offices.

EPA can respond to questions from applicants about

threshold criteria, including site eligibility and
ownership. EPA staff cannot meet with applicants to
discuss draft applications or provide assistance in
responding to ranking criteria.

United States
Environmental Office of Land and EPA-560-F-19-171
Protection Agency Emergency Management August 2019
Washington, D.C. 20460 (5105T) www.epa.gov/brownfields/
Page 63 of 220
 City of Titusville, Florida
Budget Amendment/Transfer Form

Budget
Amendment
/Budget
Source of Account Project
Transfer
Funds: Number Number Description Amount

FY2021
Budget
001-0000-331.49-02 FEDERAL GRANT/EPA $ 300,000 Amendment
Budget
$ - Amendment
Budget
$ - Amendment
Budget
$ - Amendment

Total Source of Funds $ 300,000

Use of
Funds:

FY2021
Budget
001-5555-531.31-01-GFCD06 GFCD06 PROFESSIONAL SERVICES $ 300,000 Amendment
Budget
$ - Amendment
Budget
$ - Amendment
Budget
$ - Amendment

Total Use of Funds $ 300,000

NOTE: RECORD GRANT FOR EPA BROWNFIELDS ASSESSMENT.

Input Name: Budget Office Approval:

Input Date: Budget Office Approval Date:
Manual JE/BA#: Post Date:

Page 64 of 220
City Council Regular - June 8, 2021 - 6:30 PM

Category: 8.
Item: C.
City of Titusville

To: The Honorable Mayor and City Council

From: William S. Larese, City Manager
Subject: Budget Amendment - Solid Waste Vehicles
Department/Office: Public Works

Recommended Action:
Approve budget amendments in the amount of $854,000 from Public Works Impact Fees,
unbudgeted revenue and working capital to fund the expansion of the automated sideloader
fleet and rearloader fleet due to the impact of the City's growth. Additionally, fund the expansion
of the automated sideloader reserve fleet and approve the associated budget amendments and
creation of capital outlay projects.

Summary Explanation & Background:

During the current fiscal year the Solid Waste Division of Public Works has received
unbudgeted revenue from FEMA for hurricane cleanup in previous years, FEMA for CARES
Act expenses, sale of disposed vehicles and the share of the utility late fees collected which
along with fund working capital and impact fees allow for the advancement of capital outlay
projects expected to be budgeted in FY22.

It is recommended that City Council approve budget amendments in the amount of $854,000
from Public Works Impact Fees, unbudgeted revenue and working capital to fund the
expansion of the automated sideloader fleet and rearloader fleet due to the impact of the City's
growth. Additionally fund the expansion of the automated sideloader reserve fleet. Additionally
approve the associated budget amendments and creation of capital outlay projects.

Alternatives:
Do not approve

Item Budgeted:
Yes

Source/use of funds/Budget Book Page:

Various Fund 404 accounts.

Page 65 of 220
City Council Regular - June 8, 2021 - 6:30 PM
Strategic Plan:
No. 2 – Efficient and Effective ServicesNo. 3 – Financial Stability

Strategic Plan Impact:

This action allows for the expansion of Solid Waste fleet operations due to impact of growth in
the City and the utilization of unbudgeted revenue to offset capital outlay cost.

ATTACHMENTS:
Description Upload Date Type
Budget Admendment 6/3/2021 Backup Material

Page 66 of 220
 City of Titusville, Florida
Budget Amendment/Transfer Form

Budget
Amendment
/Budget
Source of Account Project
Transfer
Funds: Number Number Description Amount

FY2021
Budget
404-0000-331.50-01 FEDERAL GRANT / FEMA MATTHEW $ 245,300 Amendment
Budget
404-0000-331.50-07 FEDERAL GRANT / CARES REIMBUR $ 28,300 Amendment
Budget
404-0000-364.10-00 DISPOSITION OF FIXED ASSETS $ 12,100 Amendment
Budget
404-0000-369.90-15 LATE FEE AND PENALTIES $ 17,400 Amendment
Budget
111-5555-589-11-04 CY FUND BALANCE / RESTRICTED (PUBLIC WORKS) $ 484,400 Amendment
Budget
404-5555-589.10-01 CONTINENGY UNRESERVED / CUR YEAR UNRESERV $ 66,500 Amendment
Total Source of Funds $ 854,000
Use of
Funds:

FY2021
Budget
404-5555-580.64-20 Z021XX AUTOMATED SIDELOADER (NEW) $ 302,000 Amendment
Budget
404-5555-580.64-20 Z021XX AUTOMATED SIDELOADER (NEW) $ 302,000 Amendment
Budget
404-5555-580.64-20 Z021XX REARLOADER (NEW) $ 250,000 Amendment
Budget
$ - Amendment

Total Use of Funds $ 854,000

NOTE: Moves funds from various locations to advance FY22 vehicle purchases

Input Name: Budget Office Approval:

Input Date: Budget Office Approval Date:
Group/BA#: Post Date:

Page 67 of 220
City Council Regular - June 8, 2021 - 6:30 PM

Category: 8.
Item: D.
City of Titusville

To: The Honorable Mayor and City Council

From: William S. Larese, City Manager
Subject: Generator Maintenance Contract Award for Water Resources
Department/Office: Water Resources

Recommended Action:
Approve the award of a contract to Csonka All Tech of Titusville, FL as primary contractor and
CJ's Sales and Services of Ocala, FL as the secondary contractor to provide maintenance
services of Water Resources' generators, in the annual amount of $50,000, with an initial term
of one (1) year and two (2) optional one-year renewals; and authorize the Mayor to execute the
contract.

Summary Explanation & Background:

The City of Titusville Water Resources Department has twenty-one standby generators units to
provide continuity of service in the event of a power loss at critical locations. Maintenance
services on the these standby generators are performed at scheduled intervals by qualified
generator maintenance technicians to insure their proper operation in the event they are
needed. The award of this annual maintenance contract will provide these services.

Bid No. 21-B-036 soliciting services to maintain the generators of the Water Resources
Department was legally advertised on May 6, 2021. Bid notification was provided to 92
vendors, of which 9 obtained the bid documents. On May 24, 2021, 4 responses were
received. Csonka All tech of Titusville, FL was the lowest bidder and and CJ's Sales and
Services of Ocala, FL was the second lowest bidder (See attached bid tabulation.)

The contract was bid as a Primary and Secondary Contract award. All work to be assigned to
the Primary Contractor first whenever feasible; however, do to safety sensitive nature of the
work and/or capacity and availability of the Primary Contractor, the City reserves the right at its
own discretion to assign work order(s) to the Secondary Contractor with the ability and capacity
to meet the City’s time response or scheduling requirements.

It is recommended that City Council approve the award of a contract to Csonka All tech of
Titusville, FL as primary contractor and CJ's Sales and Services of Ocala, FL as the secondary
contractor to provide maintenance services of Water Resources' generators, in the annual
amount of $50,000, with an initial term of one (1) year and two (2) optional one-year renewals;
and authorize the Mayor to execute the contract.

Page 68 of 220
City Council Regular - June 8, 2021 - 6:30 PM
Alternatives:
Do not award the contract and re-advertise bid.

Item Budgeted:
Yes

Source/use of funds/Budget Book Page:

Sufficient funds are available in Accounts #401-1615-4601 (Water Production), #401-1616-
4601 (Field Operations), and #401-1618-4601 (Water Reclamation)

Strategic Plan:
No. 2 – Efficient and Effective Services

Strategic Plan Impact:

Proper maintenance of the standby generators is essential for maintaining public health and the
health of our surrounding environment.

ATTACHMENTS:
Description Upload Date Type
Bid Tab 5/28/2021 Backup Material
Primary Contract 6/3/2021 Backup Material
Secondary Contract 6/3/2021 Backup Material

Page 69 of 220
City Council Regular - June 8, 2021 - 6:30 PM

BID TABULATION
CITY OF TITUSVILLE
ITB TITLE: 21-B-036 Generator Inspection and Maintenance for WR
OPENING DATE/TIME: May 24, 2021 @ 3:00 pm
POSTING DATE/TIME: May 26, 2021 @ 5:00 am

VENDOR City/State AMOUNT

Csonka All tech Titusville, FL $2,999.18
CJ’s Sales and Services of
Ocala, FL $3,011.00
Ocala, Inc.
TAW Power Systems, Inc Riverview, FL $5,201.00

Taylor Sudden Services Ft. Meyers, FL $5,710.00

Note: Preventative Maintenance items #9-#16 Flat Fee pricing calculated per unit per category for
overall bid totals.

INTENDED AWARD: Csonka All tech (Primary)

CJ’s Sales and Services of Ocala, Inc. (Secondary)

Pursuant to Florida Statutes, Chapter 120.57, any person who is adversely affected by the City’s decision or intended
decision shall file a written notice of protest with the Purchasing & Contracting Administration Division within 72
hours after the posting (electronic or otherwise) of one of the following, whichever occurs first: (i) notice of decision
or (ii) bid tabulation stating the intended decision. The nature of the protest must be followed within ten (10) days of
filing a formal written notice fully detailing all elements, which promulgated the protest. All decisions of the governing
body are final. Failure to file a protest within the time prescribed in section 120.57(3), shall constitute a waiver of
proceedings under Chapter 120, Florida Statutes.

Approved: TB

Page 70 of 220
City Council Regular - June 8, 2021 - 6:30 PM

GENERATOR INSPECTION, MAINTENANCE, & REPAIR - WR

(PRIMARY) SV21B036

THIS AGREEMENT, made and entered into this ______day of _____________, 2021, by and
between the City of Titusville, a municipal corporation organized and existing under the laws of
the State of Florida, hereinafter referred to as the "City" and Csonka All Tech Services located at
3955 South St. Suite 7, Titusville, FL 32780, hereinafter referred to as the ("Contractor"), sets forth
that;

WHEREAS, the City desires to engage two Contractors (one shall be the Primary Contractor
and the other shall be the Secondary Contractor) who has special and unique competence and
experience in providing inspection, maintenance and repair services of generators; and
WHEREAS, the Contractor represents that it is duly licensed, and it has such competence
and experience in providing these services; and
WHEREAS, the City in reliance on such representations has selected the Contractor (as the
Primary Contractor) in accordance with the requirements of law; and
WHEREAS, the City Council meeting of June 8 2021, the award of this contract was duly
considered and awarded to the Contractor; and
WHEREAS, the City and the Contractor desire to reduce to writing their understanding and
agreements on such;
IT IS, THEREFORE, AGREED as follows:
1. TERM. The term of this Agreement shall be effective upon the date of execution by
both parties and continue for one (1) year with the option of two (2) administrative one-year
renewals. Administrative renewals will be contingent upon the annual availability of appropriated
funds for this service, satisfactory performance of the contract and the desire of the City to exercise
their option to renew. The contract will be renewed upon mutual written consent of the parties,
issued by the City.
2. AGREEMENT DOCUMENTS. The Agreement Documents (also called CONTRACT
DOCUMENTS) consist of this Agreement, the Bid Documents for Invitation to Bid # 21-B-036,
attached hereto as Exhibit 1, Contractor’s Bid dated May 24, 2021, with all related Documents,
Addenda if any, attached hereto as Exhibit 2, any other documents listed in the Agreement
Documents, and written modifications issued after execution of this Agreement, if any.
(a) Intent. The Scope of Work is an integrated part of the Contract Documents
and as such will not stand alone if used independently. These documents establish minimum design

SV21B036
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City Council Regular - June 8, 2021 - 6:30 PM

standards of quality for the specified work. The intent of the Agreement Documents is to set forth
requirements of performance. It is also intended to include all labor and materials, equipment, tools
and transportation necessary for the proper execution of the Work, to require new material and
equipment unless otherwise indicated, and to require complete performance of the Work in spite of
omission of specific reference to any minor component part and to include all items necessary for
the proper execution and completion of the Work by the Contractor. Performance by the Contractor
shall be required only to the extent consistent with the Agreement Documents and reasonably
inferable from them as being necessary to produce the intended results.
(b) Entire and Sole Agreement. Except as specifically stated herein, the Agreement
Documents constitute the entire agreement between the parties and supersede all other agreements,
representations, warranties, statements, promises, and understandings not specifically set forth in
the Agreement Documents. Neither party has in any way relied, nor shall in any way rely, upon any
oral or written agreements, representations, warranties, statements, promises or understandings not
specifically set forth in the Agreement Documents.
(c) Amendments. The parties may modify this Agreement at any time by written
agreement. Neither the Agreement Documents nor any term thereof may be changed, waived,
discharged or terminated orally, except by an instrument in writing signed by the party against
which enforcement of the change, waiver, discharge or termination is sought. The CITY Manager
may authorize additional work provided it does not exceed $15,000 and there are sufficient
budgeted funds for it. Any additional work exceeding $15,000 shall be subject to CITY Council
approval.
3. ENGAGEMENT OF CONTRACTOR. The City hereby engages the Contractor (as the
Primary Contractor) and the Contractor hereby agrees to perform generator inspection, preventive
maintenance and on demand repair services for 21 generators and 12 transfer switches located at
various Water Resources locations listed in Exhibit A & B to ITB#21-B-036 and incorporated
herein, to include portable generator units, in accordance with the Agreement Documents.
4. ASSIGMENT OF WORK. It is the City’s intent to issue work orders to the “Primary”
Contractor first whenever this is feasible; however, due to safety sensitive nature of the work and/or
capacity and availability of the Primary Contractor, the City reserves the right at its own discretion
to assign work order(s) to the “Secondary” Contractor with ability and capacity to meet the City’s
time response or scheduling requirements.
5. SCOPE OF WORK AND RELATED DATA. The intent of the Scope of Work, and
other Agreement Documents is that the Contractor furnishes all labor and materials, equipment,
supervision, and transportation necessary to perform, on an as needed basis for the City,

SV21B036
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City Council Regular - June 8, 2021 - 6:30 PM

processional services required to provide generator inspection, maintenance and repairs as outlined
in the specifications of ITB#21-B-036, service calls emergency or otherwise as required by the
City, for generators located at the various Water Resources locations as described in Section 3
above, hereinafter referred to as “Work”, unless specifically noted otherwise. The Contractor shall
do all the work described in the Contract Documents and all incidental work considered necessary
to complete the Work entirely and ready for use in a manner acceptable to the City.
Any discrepancies found between the Contract Documents and/or any errors or omissions
in the Contract Documents, shall be immediately reported to the City. The City shall promptly
determine the validity and seriousness of the claimed condition and correct any such error or
omission in writing, or otherwise direct Contractor. Any work done by the Contractor after his
discovery of such discrepancies, errors or omissions shall be done at the Contractor's risk.
Any correction of errors or omissions in the Contract Documents may be made by the City
when such correction is necessary for the proper fulfillment of their intention as construed by City.
Where said correction of errors or omissions, except as provided in the next paragraph below, adds
to the amount of work to be done by the Contractor, compensation for said additional work shall be
negotiated between the parties and must be issued as a written change order before any such
additional work is performed or no additional compensation shall be made.
The fact that specific mention of any part of work is omitted in the Contract Documents,
whether intentionally or otherwise, when the same are usually and customarily required to complete
fully such work as is specified herein, will not entitle the Contractor to consideration in the matter
of any claim for extra compensation, but the said work must be installed or done the same as if
called for by the Contract Documents. All work and material usual and necessary to make the Work
complete in all its parts, whether or not they are indicated or mentioned in the Specifications, shall
be furnished and executed the same as if they were called for by the same. The Contractor will not
be allowed to take advantage of any errors or omissions in the Specifications. The City will provide
full information when errors or omissions are discovered.
6. COMPENSATION. The City will pay the Contractor for the generator inspection,
maintenance, and on demand repairs at the unit prices and material prices indicated in the
Contractor’s proposal attached hereto as Exhibit “2”. Total Annual authorized combined amount
for Primary and Secondary Contracts is not to exceed $50,000.00. Repair costs are to be submitted
in writing to the City, reflecting parts and labor cost separately and shall be approved prior to
commencement of any repair work. Payment shall be made for all Work completed by the
Contractor during each calendar month which has been accepted by the City and has been properly
documented. Payments shall not be made for Work deemed incomplete or deficient by the City. At

SV21B036
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City Council Regular - June 8, 2021 - 6:30 PM

the end of each month, the Contractor shall submit, to the City’s Project Manager(s) designated for
each unit, an invoice with the supporting documentation of all work completed and accepted by the
City during that month for payment. Price adjustment for optional renewal term shall be subject to
the change in the Consumer Price Index for All Urban Consumers, Southern Region.
7. CLAIMS. Claims arising from changes or revisions made by the Contractor at the
City’s request shall be presented to the City before work starts on the changes or revisions. If the
Contractor deems that extra compensation is due for work not covered herein, or in a Supplemental
Agreement, the Contractor shall notify the City in writing of its intention to make claim for extra
compensation before work begins on which the claim is based. If such notification is not given and
the City is not afforded by the Contractor a method acceptable to the City for keeping strict account
of actual cost, then the Contractor hereby waives its request for such extra compensation. The City
is not obligated to pay the Contractor if the City is not notified as described above. The Contractor
may refuse to perform the additional work requested by the City until the parties execute an
appropriate agreement. Such notice by the Contractor and the fact that the City has kept account of
the costs as aforesaid shall not in any way be construed as proving the validity of the claim.
8. CHANGE ORDERS. The City reserves the right to make such changes in the
Specifications within the general scope of the Contract at any time by written Change Order. The
City Manager or designee is authorized to approve Change Order(s) provided that the amount(s) of
such Change Order(s) do not increase the authorized contract amount. Furthermore, for any Change
Order(s) that will increase the authorized contract amount, the City Manager is authorized to
approve, whichever is greater, up to $15,000 or 10% of the original contract amount, not to exceed
$50,000, provided that sufficient budgeted funds are available for this work.
9. RELEASES. The Contractor may submit the Contractor’s final request for payment
when it is determined by the Contractor and City that all the Work has been completed in
accordance with the terms of the Contract Documents. Prior to final payment, the Contractor shall
execute and deliver to the City a Contractor's Affidavit and Release of Claim for all claims against
the City arising under or by virtue of the work order. Also, from each supplier or subcontractor who
has notified the City of his right to file a Claim (Notice to City) or who is listed in the Contractor's
Affidavit and Release of Claim as an unpaid potential Claimant, a Claimant’s Sworn Statement of
Account, executed by the supplier or subcontractor, must be attached to each request for payment
10. PROJECT SCHEDULE. The Contractor shall perform the services outlined in the
Scope of Work within Exhibit 1, ITB2#21-B-036, and under Section 3 of this Agreement in a timely
manner consistent with the assignment schedules as mutually agreed upon by the City and the

SV21B036
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City Council Regular - June 8, 2021 - 6:30 PM

Contractor. No extension of time shall be valid unless given in writing by the City. No monetary
compensation shall be given for such delay
The City shall have the authority to suspend the Work wholly or in part, for such periods as
may be deemed necessary and for whatever cause, by serving written notice of suspension to the
Contractor. In the event that the Contractor or the City shall become aware of any condition that
may be cause for suspension of the Work, they shall immediately advise the concerned parties of
such condition. The Contractor shall not suspend operations under the provisions of this Paragraph
without the City’s permission. In the event that the City suspends the Work, the Contractor shall
be granted an extension of time to complete the Work for as many calendar days as the Work was
suspended; except that the Contractor will not be granted an extension of time to complete the Work
if the suspension was caused by a fault of the Contractor.
11. TERMINATION FOR CAUSE. The agreement may be terminated by the City for cause
in the event of any breach hereof, including but not limited to, Contractor’s:
A. Failing to carry forward and complete Work in accordance with the requirements hereof;
B. Failing to comply with applicable laws, regulations, permits, or ordinances’
C. Failing to timely commence or continuously and vigorously pursue correction of
defective Work;
D. Making a general assignment for the benefit of its creditors;
E. Having a receiver appointed because of insolvency;
F. Filing bankruptcy or having a petition for involuntary bankruptcy filed against it;
G. Failing to make prompt payments, when properly due, to sub-Contractors, vendors, or
others for materials or labor used in the work; or
H. Making material misrepresentation to the City regarding Work or performance thereof.
The City shall provide Contractor with written notice of its intention to terminate this agreement
for cause, which shall provide the effective date of termination. Such notice shall state the nature
of the deficiency and, at the City’s sole judgement and discretion, may afford Contractor an
opportunity to correct said deficiency, in which event the notice shall specify the time allowed to
cure said deficiency. If the deficiency has not been corrected within the time allotted, the City may
take possession of the Work and finish the Work by whatever method(s) the City deems expedient
-- and the Contractor and his Sureties shall be liable to the City/Owner for any excess cost incurred
by the City. In such case, Contractor shall not be entitled to receive any further payment until the
Work is completed and accepted by the City. If the unpaid balance of the total compensation
exceeds the expense of completing Work, including compensation for additional managerial and
administrative services, the excess will be paid to Contractor. If the expense exceeds the unpaid

SV21B036
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City Council Regular - June 8, 2021 - 6:30 PM

balance, Contractor shall pay the difference to the City in addition to applicable liquidated damages.
The expense incurred by the City and the damage incurred through Contractor’s default will be
certified by the City.
12. TERMINATION FOR CONVENIENCE. Notwithstanding any other provision of this
Contract, the City may terminate this Contract for convenience or “at-will”, in whole or in part, at
any time without necessarily having a particular reason as determined to be in its best interest, upon
thirty (30) days written notice to the Contractor.
A. Upon receiving notice of termination, the Contractor shall discontinue the Work on
the date and to the extent specified in the notice and shall place no further orders for materials,
equipment, services or facilities except as needed to continue any portion of the Work that was
not terminated. The Contractor shall also make every reasonable effort to cancel, upon terms
satisfactory to the City, all orders or subcontracts related to the terminated Work.
B. In the event of such termination, the Contractor shall be compensated for any Work
performed prior to the date of termination and for materials that were ordered prior to the receipt
of notice of termination that cannot be returned to the Vendor. Any such materials shall become
the property of the City. Contractor waives all claims for compensation in excess of that which
is specifically provided for herein, including but not limited to, loss of anticipated profits; idle
equipment, labor, facilities; and claims of subcontractors and vendors.
13. BANKRUPTCY. If the Contractor shall be adjudged bankrupt, insolvent, or financial
condition defined under Title 11 of the United States Code effective at any time during contract
term specified therein; or if he should make a general assignment for the benefit of his creditors; or
if a receiver should be appointed for the Contractor or any of his property; or if he should per-
sistently or repeatedly refuse or fail to make prompt payment to a person(s) supplying labor or
materials for the Work under the Contract; or persistently disregard instructions of the Purchasing
& Contracting Administrator; or fail to observe or perform any provisions of the Contract
Documents; or otherwise be guilty of a substantial violation of any provisions of the Contract Docu-
ment, then the City/Owner may -- by at least five (5) days prior written notice to the Contractor --
without prejudice to any other rights or remedies of the City under the contract, terminate the
Contractor's right to proceed with the work. In such case, the City may take possession of and
utilize in completing the work, such necessary materials, appliances, and plant as may be on the
site of the project. The foregoing provisions are in addition to, and not in limitation of, the rights
of the City under any other provisions of the Contract Documents.
14. CITY’S PROJECT MANAGER. City shall designate a Project Manager. All work
done shall be subject to the review of the City. Any and all technical questions which may arise as

SV21B036
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City Council Regular - June 8, 2021 - 6:30 PM

to the quality and acceptability of the work performed, or work to be performed, interpretation of
Technical Specifications and all technical questions as to the acceptable fulfillment of the Contract
on the part of the Contractor shall be referred to the Project Manager who will resolve such
questions.
The Work shall be subject at all times to review by the City. Such review may include mill,
plant, or shop inspection. The City shall be allowed access to all parts of the Work and shall be
furnished with such information and assistance by the Contractor as is required to make a complete
and detailed review. The City shall not be responsible for the acts or omissions of the Contractor.
Any changes to the scope of work or any deviations from the contract documents must be approved
in writing through the Purchasing and Contracting Administrator.
15. CONTRACTOR’S DUTY. Contractor shall supervise and direct the Work, using
Contractor's best skill and attention. Contractor shall be solely responsible for and have control
over means, methods, techniques, sequences and procedures and for coordinating all portions of the
Work under this Contract, unless the Contract Documents give other specific instructions
concerning these matters.
Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for
labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities,
transportation, and other facilities and services necessary for the proper execution and completion
of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated
in the Work.
Unless otherwise provided in the Contract Documents, Contractor shall pay all sales, use
and other similar taxes.
Contractor shall hold and maintain at all times during the term of this Contract all required
federal, state and local licenses necessary to perform the Work required under the Contract
Documents.
Contractor shall make no representations, warranties, or commitments binding the City
without the City’s written consent.
16. CLEANING UP. The Contractor shall, at all times, keep the premises free from accumulation
of waste materials or rubbish caused by its employees or Work. At the completion of the Work, the
Contractor shall remove all his rubbish, tools, scaffolding and surplus materials and shall leave its work area
"broom clean" or its equivalent, unless more exactly specified, and shall insure that all debris and other
unsightly objects are removed and disposed of in a satisfactory manner. At no additional expense to the City,
the Contractor will restore to their original conditions or better, as nearly as practicable, those portions of
the site not designated for alteration and all such property, structure, utilities, landscaping, sprinklers, etc.,

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City Council Regular - June 8, 2021 - 6:30 PM

disturbed or damaged during the prosecution of the Work. Payment will be withheld until such clean up and
repairs are completed
The Work will be considered complete only after all debris and unused material due to or connected
with the Work have been removed and the surrounding area left in a condition satisfactory to the City. In
the event the City finds that the Contractor has not complied in keeping the job site clean, the City may, after
twenty-four (24) hours written notice to the Contractor to correct the situation, elect to have the job site
cleaned by an independent labor force. The cost of cleaning by said independent labor force shall be
deducted from moneys due the Contractor.
17. PERSONNEL. The Contractor represents that it will secure at its own expense all
personnel and sub-Contractors required for services, which are necessary to complete the Work as
described in this Agreement. All services under this Agreement shall be performed by the
Contractor or sub-Contractor and all persons engaged in work under the Agreement shall be
qualified to perform such services and authorized under federal, state and local laws to perform
such services. Personnel who perform services under this Agreement shall not be employees of the
City.
All workers must have sufficient knowledge, skill, experience and certification required to
perform properly the work assigned to them. Any worker, including supervisors, employed by the
Contractor or subcontractors who, in the opinion of the City does not perform work under this
Agreement in a skillful manner, or appears to be incompetent or to act in a disorderly or intemperate
manner shall, at the written request of the City, be discharged immediately and shall not be
employed again in any portion of the Work without the approval of the City.
The Contractor shall at all times be responsible for the conduct and discipline of his employees
and/or any subcontractor or persons employed by subcontractors. The Contractor shall provide a
current listing of names and license numbers of all personnel executing work related to this contract.
This listing shall be updated by the Contractor within three days of a personnel change.

18. E-VERFIY. As a condition precedent to entering into an Agreement as a result of this

proposal, and in compliance with Section 448.095, Fla. Stat., Contractor and its subcontractors
shall, register with and use the E-Verify system to verify work authorization status of all employees
hired after January 1, 2021.

A. Contractor shall require each of its subcontractors to provide Contractor with an affidavit
stating that the subcontractor does not employ, contract with, or subcontract with an
unauthorized alien. Contractor shall maintain a copy of the subcontractor’s affidavit as part
of and pursuant to the records retention requirements of this Agreement.

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B. The City, Contractor, or any subcontractor who has a good faith belief that a person or entity
with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the
provisions of this section shall terminate the contract with the person or entity.

C. The City, upon good faith belief that a subcontractor knowingly violated the provisions of
this section, but Contractor otherwise complied, shall promptly notify Contractor and
Contractor shall immediately terminate the contract with the subcontractor.

D. A contract terminated under the provisions of this section is not a breach of contract and may
not be considered such. Any contract termination under the provisions of this section may
be challenged pursuant to Section 448.095(2)(d), Fla. Stat. Contractor acknowledges that
upon termination of this Agreement by the City for a violation of this section by Contractor,
Contractor may not be awarded a public contract for at least one (1) year. Contractor further
acknowledges that Contractor is liable for any additional costs incurred by the City as a
result of termination of any contract for a violation of this section.

E. Subcontracts:

Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this
section, including this subsection, requiring the subcontractors to include these clauses in
any lower tier subcontracts. Contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in this section.

19. PROTECTION OF PERSONS AND PROPERTY. The Contractor shall exercise

precaution at all times for the protection of persons and property. The Contractor shall strictly
comply with all safety provisions of all applicable laws and ordinances and shall be responsible for
initiating, maintaining and supervising all safety precautions and programs in connection with the
Work in accordance with the U.S. Department of Labor Occupational Safety and Health Act and
the laws of the State of Florida. This Contract requires that the Contractor and any and all
subcontractors hired by the Contractor comply with all relevant standards of the Occupational
Safety and Health Act. Failure to comply with the Act constitutes a failure to perform. The
Contractor agrees to reimburse the City for any fines and/or court costs arising from penalties
charged to the City for violations of OSHA committed by the Contractor or any and all
subcontractors.
The Contractor shall take all reasonable precautions for the safety of, and shall provide all
reasonable protection to prevent damage, injury or loss to, all employees on the Work and all other
persons who may be affected thereby; all the work materials and equipment to be incorporated
therein, whether in storage on or off the project site, under the care, custody or control of the

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Contractor or any of his subcontractors; and other property on the site or adjacent thereto, including
vehicles and equipment therein, trees, shrubs, lawns, walks, pavements, structures and utilities
including, but not limited to, fire hydrants, swales, gutters, sewer inlets, drainage ditches, etc.
Contractor shall insure that its contract work does not impair the proper functioning of these
utilities.
The Contractor shall perform any work and shall furnish and install materials and equipment
necessary during an emergency endangering life or property. In all cases, the Contractor shall notify
the City of the emergency as soon as practicable, but shall not wait for instructions before
proceeding to properly protect both life and property.
The City has the right to order the Contractor to discontinue hazardous work practices upon
verbal or written notice. It is required that the Contractor keep and maintain all the necessary
protective devices in place and in proper condition at all times where Work is being performed to
prevent injury to persons or damage to public or private property.
The Contractor shall be held fully responsible for such safety and protection until final
written acceptance of the Work.

20. CONTRACTOR'S RESPONSIBILITY FOR WORK. Until acceptance of the Work

by the City, the Work shall be under the charge and care of the Contractor, and it shall take every
necessary precaution against damage to the Work by the action of the elements or from any other
cause whatsoever, whether arising from the execution or from the non-execution of the Work. The
Contractor shall reprint, repair, restore and make good, without additional compensation, all
damage to any portion of the Work occasioned by any cause, other than the sole and active
negligence of the City, before its completion and acceptance.

21. SUBCONTRACTS AND ASSIGNABILITY. The Contractor shall not assign any
interest in this Agreement and shall not transfer any interest in the same without the prior written
consent of the City. Any sub-contracts or other work which is performed by persons or firms other
than the Contractor under this Agreement or any work orders shall have prior written approval of
the City. Any subcontracts, outside associates, or Contractors required by the Contractor in
connection with services covered by this Agreement must be specifically approved by the City.

22. INDEMNIFICATION. For other and additional good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the Contractor shall indemnify, hold
harmless and defend the City of Titusville, its officers agents, officials, representatives and
employees against any and all liability, loss, cost, damages, expenses, claim or actions, of whatever
type, including but not limited to attorney's fees and suit costs, for trial and appeal which the City

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of Titusville, its officers, officials, agents, officials representatives or employees or any other
person(s) or business entity(ies) who may hereafter sustain, incur or be required to pay, arising
wholly or in part due to any act or omission of Contractor, its agent(s), vendors, subcontractor(s),
representatives, servants, or employees in the execution, performance or nonperformance or failure
to adequately perform Contractor's obligations pursuant to this contract.

23. INTERESTS OF CITY OFFICIALS. No officers, members or employees of the City

and no members of its governing body, and no other public official of the governing body of the
locality or localities in which services for the facilities are situated or carried out, who exercises
any functions or responsibilities in the review or approval of the undertaking or carrying out of this
project, shall participate in any decision relating to this Agreement which affects his personal
interest, or have any personal or pecuniary interest, direct or indirect, in this Agreement or the
proceeds thereof.

24. CERTIFICATION OF RESTRICTIONS ON LOBBYING. The Contractor agrees that

no Federal appropriated funds have been paid or will be paid by or on behalf of the Contractor to
any person for influencing or attempting to influence any officer or employee of any Federal
agency, a member of Congress, an officer or employee of Congress or an employee of a member
of Congress in connection with the awarding of any Federal contract, the making of any Federal
Grant, the making of any Federal loan, the entering into of any cooperative agreement and the
extension, continuation, renewal, amendment or modification of any Federal contract, Grant, loan
or cooperative agreement.
If any funds other than Federal appropriated funds have been paid by the Contractor to any
person for influencing or attempting to influence an officer or employee of any Federal agency, a
member of Congress, an officer or employee of Congress or an employee of a member of Congress
in connection with any FDOT Joint Participation Agreement, the undersigned shall complete and
submit Standard Form-LLL "Disclosure Form to Report Lobbying" in accordance with its
instructions.

25. CONFLICT OF INTEREST. The Contractor covenants that it presently has no interest
and shall not acquire any interest, direct or indirect, which shall conflict in any manner or degree
with the performance of services required to be performed under this Agreement. The Contractor
further covenants that no person having any such interest shall be employed by him/her during the
performance of this Agreement. The Contractor shall not undertake any professional work which
conflicts with his duties as the City's Contractor without the prior written consent of the City during
the term of this Agreement. Any work where the Contractor can reasonably anticipate that it may

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be called to testify as a witness against the City in any litigation or administrative proceeding will
constitute a conflict of interest under this Agreement.

26. COMPLIANCE WITH LAW. The Contractor expressly agrees to comply with all laws
and regulations relating to providing services under this Agreement. The failure of the Contractor
to adhere to any law or regulation pertaining to furnishing services under this Agreement shall
constitute a material breach of this Agreement.

27. WAIVER. The waiver by the City of any of the Contractor's obligations or duties under
this Agreement shall not constitute a waiver of any other obligation or duty of the Contractor under
this Agreement.

28. PUBLIC ENTITY CRIME. The Contractor shall file a sworn statement with the City
which is Attachment I, stating whether a person or affiliate as defined in Section 287.133 (1),
Florida Statutes, has been convicted of a public entity crime subsequent to July 1, 1989, in
accordance with the provisions of Section 287.133 of the Florida Statutes.

29. COVENANT AGAINST CONTINGENT FEES. The Contractor warrants that it has
not employed or retained any company or person, other than a bona fide employee working solely
for the Contractor to solicit or secure this Agreement and that it has not paid or agreed to pay any
person, company, corporation, individual or firm, other than a bona fide employee working solely
for the Contractor any fee, commission, percentage, gift or any other consideration contingent upon
or resulting from the award or making of this Agreement. For the breach or violation of this
paragraph, the City shall have the right to terminate the Agreement without liability and, at its
discretion, deduct from the Agreement price, or otherwise recover, the full amount of such fee,
commission, percentage, gift or consideration.

30. DRUG-FREE WORKPLACE. The contract documents also consist of the "Drug-Free
Workplace Form" which is in accordance with Florida Statute 287.087 and must be signed.

31. GOVERNING LAW WAIVER OF TRIAL BY JURY.

A. The laws of the State of Florida shall govern this Contract and venue for any action pursuant
to the Contract Documents shall be in Brevard County, Florida.
B. The parties hereto expressly waive trial by jury in any action to enforce or otherwise resolve
any dispute arising hereunder.

32. VENUE. In the event of any legal proceedings arising from or related to this Agreement,
venue for such proceedings shall be in Brevard County, Florida.

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33. ATTORNEY’S FEES. In the event of any legal or administrative proceedings arising
from or related to this Agreement, including appeals, each party shall bear its own costs and
attorney’s fees.

34. LIQUIDATED DAMAGES. Not required for the work under this Agreement.

35. BOND. Not required for this agreement.

36. CONSTRUING PROVISIONS. This Agreement shall not be construed against the
party who drafted the same, as both parties have obtained experts of their choosing to review the
legal and business adequacy of the same. In any conflict between the Technical Specifications, and
the general terms of this Agreement, the provisions of the latter shall prevail.

37. INSURANCE. The Contractor agrees to carry insurance, of the types and subject to
the limits as set forth below and maintain said insurance during the life of this agreement:
a) Workers’ Compensation - Contractor shall purchase workers’ compensation insurance as
required by law or prove exemption status.
b) Commercial General Liability - Contractor shall purchase Commercial General Liability
insurance with a $1,000,000 combined single limit for each occurrence to include the
following coverage: operations, products and completed operations, personal injury,
contractual liability covering this Contract, “X-C-U” hazards and property damage in the
amount of $500,000.
c) Commercial Auto Liability - Contractor shall purchase Commercial Auto Liability
insurance with a combined single limit of at least $1,000,000.
Further, Contractor shall maintain such insurance as is reasonably required to satisfy its obligations
to protect the Work paid for by the City but not yet accepted.
The insurance company selected shall be A- or better per the Best's Key Rating Guide. The
Contractor and the insurance company(s) shall agree to furnish the City thirty (30) days written
notice of their intent to cancel or terminate said insurance. It is the full responsibility of the
contractor to ensure that all sub-contractors have full insurance coverage as stated above.
The Contractor shall not commence the Work under this contract until it has obtained all
the insurance required under this paragraph and certificates of such insurance have been submitted
to the City, nor shall the Contractor allow any subcontractor to commence work on his subcontract
until all insurance required has been so obtained and approved by the City. The Contractor shall
carry and maintain until acceptance of the Work, insurance as specified herein and, in such form,
as shall protect him and any subcontractor performing work under this Contract, or the City, from
all claims and liability for damages for bodily injury, including accidental death, under this

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Contract, whether by himself or by any subcontractor or by any one directly or indirectly employed
by either of them.
The Contractor shall furnish to the City certificates of insurance in duplicate showing proof
of insurance, naming the City as an additional insured party, prior to the start of construction as
provided in the Contract.

38. GUARANTEE. Contractor warrants all services provided and work performed for a
period of not less than one (1) year from the completion date of work performed.
The making of the final payment by the City to the Contractor shall not relieve the
Contractor of any warranty responsibilities.

39. INDEPENDENT CONTRACTOR. Contractor is an independent contractor. Neither

Contractor nor Contractor’s employees are employees of the City. Contractor shall have the right
to control and direct the means and methods by which the Work is accomplished. Contractor is
solely responsible for compliance with all labor and tax laws pertaining to Contractor, its officers,
agents, and employees, and shall indemnify and hold the City harmless from any failure to comply
with such laws. Contractor’s duties with respect to Contractor, its officers, agents, and employees,
shall include, but not be limited to: (1) providing Workers’ Compensation coverage for employees
as required by law; (2) hiring of any employees, assistants, or subcontractors necessary for
performance of the Work; (3) providing any and all employment benefits, including, but not limited
to, annual leave, sick leave, paid holidays, health insurance, retirement benefits, and disability
insurance; (4) payment of all federal, state and local taxes income or employment taxes, and, if
Contractor is not a corporation, self-employment (Social Security) taxes; (5) compliance with the
Fair Labor Standards Act, 29 U.S.C. §§ 201, et seq., including payment of overtime in accordance
with the requirements of said Act; (6) providing employee training for all functions necessary for
performance of the Work; (7) providing equipment and materials necessary to the performance of
the Work; and (8) providing office or other facilities for the performance of the Work. In the event
the City provides training, equipment, materials, or facilities or otherwise facilitate performance of
the Work, this shall not affect any of Contractor’s duties hereunder or alter Contractor’s status as
an independent contractor.

40. STANDARD OF PERFORMANCE. Contractor’s services will at a minimum meet the

level care and skill ordinarily used by members of Contractor’s occupation/profession performing
the type of services provided herein within the State of Florida.

41. PUBLIC RECORDS. Records of the Contractor that are made or received in the course
of performance of the Contractor’s obligations under this Contract may be public records that are

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subject to the requirements of Chapter 119, Fla. Stat. and accordingly Contractor shall keep and
maintain public records that ordinarily and necessarily would be required by the City in order to
perform the service. However, some records may be confidential or exempt from disclosure under
Chapter 119, Fla. Stat. In the event the Contractor receives a request for any such records, the
Contractor shall notify the City and comply with Chapter 119, Fla. Stat. The Contractor shall not
prepare any news or press release in any way related to this Contract, without the City’s written
consent. Contractor hereby agrees to comply with the following:
1. As provided in Section 119.0701, Florida Statutes, the Contractor is required to, and by
executing this Contract the Contractor agrees to:
(a) Keep and maintain public records that ordinarily and necessarily would be required by the
City in order to perform the service.
(b) Upon request from the City’s custodian of public records, provide the City with a copy of
the requested records or allow the records to be inspected or copied within a reasonable time
at a cost that does not exceed the cost provided in Chapter 119.07, Florida Statutes or as
otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following the completion of the contract if the Contractor does not transfer
the records to the City.
(d) Upon completion of the contract, transfer, at no cost to the City, all public records in
possession of the Contractor or keep and maintain public records required by the City to
perform the service. If the Contractor transfers all public records upon completion of the
contract, Contractor shall destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. If Contractor keeps and maintains
public records upon completion of the contract, Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be provided
to the City upon request from the City’s custodian of public records in a format that is
compatible with the information technology systems of the City.
2. The term “public record” as used in this provision includes all documents, papers, letters,
maps, books, tapes, photographs, films, sound recordings, data processing software, or other
material, regardless of the physical form, characteristics, or means of transmission, made or
received pursuant to law or ordinance or in connection with the transaction of official business
by the City.

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3. THE CONTRACTOR AGREES THAT NO PUBLIC RECORD DEEMED

CONFIDENTIAL UNDER FLORIDA OR FEDERAL LAW WILL BE RELEASED BY
THE CONTRACTOR TO ANYONE OTHER THAN THE CITY ATTORNEY’S OFFICE
OR CITY’S CUSTODIAN OF PUBLIC RECORDS. NO PUBLIC RECORDS DEEMED
EXEMPT FROM THE PUBLIC RECORDS LAW, CHAPTER 119, FLORIDA STATUTES,
WILL BE RELEASED OR PROVIDED TO ANYONE OTHER THAN THE CITY
ATTORNEY’S OFFICE OR CITY’S CUSTODIAN OF PUBLIC RECORDS, EXCEPT
WITH THE WRITTEN APPROVAL OF THE CITY ATTORNEY OR ITS DESIGNEE. The
Contractor agrees that it will not withhold any public record from the City for any reason
including a claim that the public record is exempt, confidential, proprietary, or a trade secret.

IF CONTRACTOR HAS ANY QUESTIONS REGARDING THE

APPLICATION OF CHAPTER 119, FLORIDA STATUTES TO
CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CITY’S
CUSTODIAN OF PUBLIC RECORDS AT 321-567-3682,
[email protected], 555 S. Washington Ave., Titusville FL 32796.

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IN WITNESS WHEREOF, the parties hereto have accepted, made, and executed this
Agreement upon the terms and conditions above stated.

CONTRACTOR: OWNER:
Csonka All Tech Services City of Titusville
3955 South St. Suite #7 P. O. Box 2806
Titusville, FL 32780 Titusville, FL 32781-2806

By _________________________ By ________________________
Name Paul Csonka, Owner Daniel E. Diesel, Mayor

Date ______________________ Date ______________________

ATTEST

__________________________
Wanda F. Wells, City Clerk
Date ______________________

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

______________________________ ___________________________
Richard C. Broome, City Attorney William S. Larese, City Manager
Date __________________________ Date _______________________

Staff Review & Preparation:

_____________________________________________Date _______________
April Chapman, Purchasing & Contracting Administrator

_____________________________________________Date_______________
Sean Stauffer, Water Resources Director

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GENERATOR - 6:30 PM MAINTENANCE, & REPAIR - WR
INSPECTION,
(SECONDARY) SV21B036

THIS AGREEMENT, made and entered into this ______day of _____________, 2021, by and
between the City of Titusville, a municipal corporation organized and existing under the laws of
the State of Florida, hereinafter referred to as the "City" and CJ’s Sales and Services of Ocala, Inc.
located at 132 NE 17th Pl, Ocala, FL 34470, hereinafter referred to as the ("Contractor"), sets forth
that;
WHEREAS, the City desires to engage two Contractors (one shall be the Primary Contractor
and the other shall be the Secondary Contractor) who has special and unique competence and
experience in providing inspection, maintenance and repair services of generators; and
WHEREAS, the Contractor represents that it is duly licensed, and it has such competence
and experience in providing these services; and
WHEREAS, the City in reliance on such representations has selected the Contractor (as the
Secondary Contractor) in accordance with the requirements of law; and
WHEREAS, the City Council meeting of June 8 2021, the award of this contract was duly
considered and awarded to the Contractor; and
WHEREAS, the City and the Contractor desire to reduce to writing their understanding and
agreements on such;
IT IS, THEREFORE, AGREED as follows:
1. TERM. The term of this Agreement shall be effective upon the date of execution by
both parties and continue for one (1) year with the option of two (2) administrative one-year
renewals. Administrative renewals will be contingent upon the annual availability of appropriated
funds for this service, satisfactory performance of the contract and the desire of the City to exercise
their option to renew. The contract will be renewed upon mutual written consent of the parties,
issued by the City.
2. AGREEMENT DOCUMENTS. The Agreement Documents (also called CONTRACT
DOCUMENTS) consist of this Agreement, the Bid Documents for Invitation to Bid # 21-B-036,
attached hereto as Exhibit 1, Contractor’s Bid dated May 17, 2021, with all related Documents,
Addenda if any, attached hereto as Exhibit 2, any other documents listed in the Agreement
Documents, and written modifications issued after execution of this Agreement, if any.
(a) Intent. The Scope of Work is an integrated part of the Contract Documents
and as such will not stand alone if used independently. These documents establish minimum design
standards of quality for the specified work. The intent of the Agreement Documents is to set forth
requirements of performance. It is also intended to include all labor and materials, equipment, tools

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City Council Regular -necessary
and transportation June 8, 2021 - 6:30
for the PMexecution of the Work, to require new material and
proper
equipment unless otherwise indicated, and to require complete performance of the Work in spite of
omission of specific reference to any minor component part and to include all items necessary for
the proper execution and completion of the Work by the Contractor. Performance by the Contractor
shall be required only to the extent consistent with the Agreement Documents and reasonably
inferable from them as being necessary to produce the intended results.
(b) Entire and Sole Agreement. Except as specifically stated herein, the Agreement
Documents constitute the entire agreement between the parties and supersede all other agreements,
representations, warranties, statements, promises, and understandings not specifically set forth in
the Agreement Documents. Neither party has in any way relied, nor shall in any way rely, upon any
oral or written agreements, representations, warranties, statements, promises or understandings not
specifically set forth in the Agreement Documents.
(c) Amendments. The parties may modify this Agreement at any time by written
agreement. Neither the Agreement Documents nor any term thereof may be changed, waived,
discharged or terminated orally, except by an instrument in writing signed by the party against
which enforcement of the change, waiver, discharge or termination is sought. The CITY Manager
may authorize additional work provided it does not exceed $15,000 and there are sufficient
budgeted funds for it. Any additional work exceeding $15,000 shall be subject to CITY Council
approval.
3. ENGAGEMENT OF CONTRACTOR. The City hereby engages the Contractor (as the
Secondary Contractor) and the Contractor hereby agrees to perform generator inspection,
preventive maintenance and on demand repair services for 21 generators and 12 transfer switches
located at various Water Resources locations listed in Exhibit A & B to ITB#21-B-036 and
incorporated herein, to include portable generator units, in accordance with the Agreement
Documents.
4. ASSIGMENT OF WORK. It is the City’s intent to issue work orders to the “Primary”
Contractor first whenever this is feasible; however, due to safety sensitive nature of the work and/or
capacity and availability of the Primary Contractor, the City reserves the right at it’s own discretion
to assign work order(s) to the “Secondary” Contractor with ability and capacity to meet the City’s
time response or scheduling requirements.
5. SCOPE OF WORK AND RELATED DATA. The intent of the Scope of Work, and
other Agreement Documents is that the Contractor furnishes all labor and materials, equipment,
supervision, and transportation necessary to perform, on an as needed basis for the City,
processional services required to provide generator inspection, maintenance and repairs as outlined
in the specifications of ITB#21-B-036, service calls emergency or otherwise as required by the

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City, for Regular - June
generators 8, 2021
located at the -various
6:30 PMWater Resources locations as described in Section 3
above, hereinafter referred to as “Work”, unless specifically noted otherwise. The Contractor shall
do all the work described in the Contract Documents and all incidental work considered necessary
to complete the Work entirely and ready for use in a manner acceptable to the City.
Any discrepancies found between the Contract Documents and/or any errors or omissions
in the Contract Documents, shall be immediately reported to the City. The City shall promptly
determine the validity and seriousness of the claimed condition and correct any such error or
omission in writing, or otherwise direct Contractor. Any work done by the Contractor after his
discovery of such discrepancies, errors or omissions shall be done at the Contractor's risk.
Any correction of errors or omissions in the Contract Documents may be made by the City
when such correction is necessary for the proper fulfillment of their intention as construed by City.
Where said correction of errors or omissions, except as provided in the next paragraph below, adds
to the amount of work to be done by the Contractor, compensation for said additional work shall be
negotiated between the parties and must be issued as a written change order before any such
additional work is performed or no additional compensation shall be made.
The fact that specific mention of any part of work is omitted in the Contract Documents,
whether intentionally or otherwise, when the same are usually and customarily required to complete
fully such work as is specified herein, will not entitle the Contractor to consideration in the matter
of any claim for extra compensation, but the said work must be installed or done the same as if
called for by the Contract Documents. All work and material usual and necessary to make the Work
complete in all its parts, whether or not they are indicated or mentioned in the Specifications, shall
be furnished and executed the same as if they were called for by the same. The Contractor will not
be allowed to take advantage of any errors or omissions in the Specifications. The City will provide
full information when errors or omissions are discovered.
6. COMPENSATION. The City will pay the Contractor for the generator inspection,
maintenance, and on demand repairs at the unit prices and material prices indicated in the
Contractor’s proposal attached hereto as Exhibit “2”. Total Annual authorized combined amount
for Primary and Secondary Contracts is not to exceed $50,000.00. Repair costs are to be submitted
in writing to the City, reflecting parts and labor cost separately and shall be approved prior to
commencement of any repair work. Payment shall be made for all Work completed by the
Contractor during each calendar month which has been accepted by the City and has been properly
documented. Payments shall not be made for Work deemed incomplete or deficient by the City. At
the end of each month, the Contractor shall submit, to the City’s Project Manager(s) designated for
each unit, an invoice with the supporting documentation of all work completed and accepted by the

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City during - June
that month for8, 2021 - 6:30
payment. PricePM
adjustment for optional renewal term shall be subject to
the change in the Consumer Price Index for All Urban Consumers, Southern Region.
7. CLAIMS. Claims arising from changes or revisions made by the Contractor at the
City’s request shall be presented to the City before work starts on the changes or revisions. If the
Contractor deems that extra compensation is due for work not covered herein, or in a Supplemental
Agreement, the Contractor shall notify the City in writing of its intention to make claim for extra
compensation before work begins on which the claim is based. If such notification is not given and
the City is not afforded by the Contractor a method acceptable to the City for keeping strict account
of actual cost, then the Contractor hereby waives its request for such extra compensation. The City
is not obligated to pay the Contractor if the City is not notified as described above. The Contractor
may refuse to perform the additional work requested by the City until the parties execute an
appropriate agreement. Such notice by the Contractor and the fact that the City has kept account of
the costs as aforesaid shall not in any way be construed as proving the validity of the claim.
8. CHANGE ORDERS. The City reserves the right to make such changes in the
Specifications within the general scope of the Contract at any time by written Change Order. The
City Manager or designee is authorized to approve Change Order(s) provided that the amount(s) of
such Change Order(s) do not increase the authorized contract amount. Furthermore, for any Change
Order(s) that will increase the authorized contract amount, the City Manager is authorized to
approve, whichever is greater, up to $15,000 or 10% of the original contract amount, not to exceed
$50,000, provided that sufficient budgeted funds are available for this work.
9. RELEASES. The Contractor may submit the Contractor’s final request for payment
when it is determined by the Contractor and City that all the Work has been completed in
accordance with the terms of the Contract Documents. Prior to final payment, the Contractor shall
execute and deliver to the City a Contractor's Affidavit and Release of Claim for all claims against
the City arising under or by virtue of the work order. Also, from each supplier or subcontractor who
has notified the City of his right to file a Claim (Notice to City) or who is listed in the Contractor's
Affidavit and Release of Claim as an unpaid potential Claimant, a Claimant’s Sworn Statement of
Account, executed by the supplier or subcontractor, must be attached to each request for payment
10. PROJECT SCHEDULE. The Contractor shall perform the services outlined in the
Scope of Work within Exhibit 1, ITB2#21-B-036, and under Section 3 of this Agreement in a timely
manner consistent with the assignment schedules as mutually agreed upon by the City and the
Contractor. No extension of time shall be valid unless given in writing by the City. No monetary
compensation shall be given for such delay
The City shall have the authority to suspend the Work wholly or in part, for such periods as
may be deemed necessary and for whatever cause, by serving written notice of suspension to the

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City Council Regular
Contractor. In the-event
Junethat
8, 2021 - 6:30 PMor the City shall become aware of any condition that
the Contractor
may be cause for suspension of the Work, they shall immediately advise the concerned parties of
such condition. The Contractor shall not suspend operations under the provisions of this Paragraph
without the City’s permission. In the event that the City suspends the Work, the Contractor shall
be granted an extension of time to complete the Work for as many calendar days as the Work was
suspended; except that the Contractor will not be granted an extension of time to complete the Work
if the suspension was caused by a fault of the Contractor.
11. TERMINATION FOR CAUSE. The agreement may be terminated by the City for cause
in the event of any breach hereof, including but not limited to, Contractor’s:
A. Failing to carry forward and complete Work in accordance with the requirements hereof;
B. Failing to comply with applicable laws, regulations, permits, or ordinances’
C. Failing to timely commence or continuously and vigorously pursue correction of
defective Work;
D. Making a general assignment for the benefit of its creditors;
E. Having a receiver appointed because of insolvency;
F. Filing bankruptcy or having a petition for involuntary bankruptcy filed against it;
G. Failing to make prompt payments, when properly due, to sub-Contractors, vendors, or
others for materials or labor used in the work; or
H. Making material misrepresentation to the City regarding Work or performance thereof.
The City shall provide Contractor with written notice of its intention to terminate this agreement
for cause, which shall provide the effective date of termination. Such notice shall state the nature
of the deficiency and, at the City’s sole judgement and discretion, may afford Contractor an
opportunity to correct said deficiency, in which event the notice shall specify the time allowed to
cure said deficiency. If the deficiency has not been corrected within the time allotted, the City may
take possession of the Work and finish the Work by whatever method(s) the City deems expedient
-- and the Contractor and his Sureties shall be liable to the City/Owner for any excess cost incurred
by the City. In such case, Contractor shall not be entitled to receive any further payment until the
Work is completed and accepted by the City. If the unpaid balance of the total compensation
exceeds the expense of completing Work, including compensation for additional managerial and
administrative services, the excess will be paid to Contractor. If the expense exceeds the unpaid
balance, Contractor shall pay the difference to the City in addition to applicable liquidated damages.
The expense incurred by the City and the damage incurred through Contractor’s default will be
certified by the City.
12. TERMINATION FOR CONVENIENCE. Notwithstanding any other provision of this
Contract, the City may terminate this Contract for convenience or “at-will”, in whole or in part, at

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City Council
any time Regular - June 8, 2021
without necessarily having- a6:30 PM reason as determined to be in its best interest, upon
particular
thirty (30) days written notice to the Contractor.
A. Upon receiving notice of termination, the Contractor shall discontinue the Work on
the date and to the extent specified in the notice and shall place no further orders for materials,
equipment, services or facilities except as needed to continue any portion of the Work that was
not terminated. The Contractor shall also make every reasonable effort to cancel, upon terms
satisfactory to the City, all orders or subcontracts related to the terminated Work.
B. In the event of such termination, the Contractor shall be compensated for any Work
performed prior to the date of termination and for materials that were ordered prior to the receipt
of notice of termination that cannot be returned to the Vendor. Any such materials shall become
the property of the City. Contractor waives all claims for compensation in excess of that which
is specifically provided for herein, including but not limited to, loss of anticipated profits; idle
equipment, labor, facilities; and claims of subcontractors and vendors.
13. BANKRUPTCY. If the Contractor shall be adjudged bankrupt, insolvent, or financial
condition defined under Title 11 of the United States Code effective at any time during contract
term specified therein; or if he should make a general assignment for the benefit of his creditors; or
if a receiver should be appointed for the Contractor or any of his property; or if he should per-
sistently or repeatedly refuse or fail to make prompt payment to a person(s) supplying labor or
materials for the Work under the Contract; or persistently disregard instructions of the Purchasing
& Contracting Administrator; or fail to observe or perform any provisions of the Contract
Documents; or otherwise be guilty of a substantial violation of any provisions of the Contract Docu-
ment, then the City/Owner may -- by at least five (5) days prior written notice to the Contractor --
without prejudice to any other rights or remedies of the City under the contract, terminate the
Contractor's right to proceed with the work. In such case, the City may take possession of and
utilize in completing the work, such necessary materials, appliances, and plant as may be on the
site of the project. The foregoing provisions are in addition to, and not in limitation of, the rights
of the City under any other provisions of the Contract Documents.
14. CITY’S PROJECT MANAGER. City shall designate a Project Manager. All work
done shall be subject to the review of the City. Any and all technical questions which may arise as
to the quality and acceptability of the work performed, or work to be performed, interpretation of
Technical Specifications and all technical questions as to the acceptable fulfillment of the Contract
on the part of the Contractor shall be referred to the Project Manager who will resolve such
questions.
The Work shall be subject at all times to review by the City. Such review may include mill,
plant, or shop inspection. The City shall be allowed access to all parts of the Work and shall be

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City Council
furnishedRegular
with such- June 8, 2021
information and- 6:30 PM by the Contractor as is required to make a complete
assistance
and detailed review. The City shall not be responsible for the acts or omissions of the Contractor.
Any changes to the scope of work or any deviations from the contract documents must be approved
in writing through the Purchasing and Contracting Administrator.
15. CONTRACTOR’S DUTY. Contractor shall supervise and direct the Work, using
Contractor's best skill and attention. Contractor shall be solely responsible for and have control
over means, methods, techniques, sequences and procedures and for coordinating all portions of the
Work under this Contract, unless the Contract Documents give other specific instructions
concerning these matters.
Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for
labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities,
transportation, and other facilities and services necessary for the proper execution and completion
of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated
in the Work.
Unless otherwise provided in the Contract Documents, Contractor shall pay all sales, use
and other similar taxes.
Contractor shall hold and maintain at all times during the term of this Contract all required
federal, state and local licenses necessary to perform the Work required under the Contract
Documents.
Contractor shall make no representations, warranties, or commitments binding the City
without the City’s written consent.
16. CLEANING UP. The Contractor shall, at all times, keep the premises free from accumulation
of waste materials or rubbish caused by its employees or Work. At the completion of the Work, the
Contractor shall remove all his rubbish, tools, scaffolding and surplus materials and shall leave its work area
"broom clean" or its equivalent, unless more exactly specified, and shall insure that all debris and other
unsightly objects are removed and disposed of in a satisfactory manner. At no additional expense to the City,
the Contractor will restore to their original conditions or better, as nearly as practicable, those portions of
the site not designated for alteration and all such property, structure, utilities, landscaping, sprinklers, etc.,
disturbed or damaged during the prosecution of the Work. Payment will be withheld until such clean up and
repairs are completed
The Work will be considered complete only after all debris and unused material due to or connected
with the Work have been removed and the surrounding area left in a condition satisfactory to the City. In
the event the City finds that the Contractor has not complied in keeping the job site clean, the City may, after
twenty-four (24) hours written notice to the Contractor to correct the situation, elect to have the job site
cleaned by an independent labor force. The cost of cleaning by said independent labor force shall be
deducted from moneys due the Contractor.

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City Council
17. Regular - June 8, The
PERSONNEL. 2021 - 6:30 PMrepresents that it will secure at its own expense all
Contractor
personnel and sub-Contractors required for services, which are necessary to complete the Work as
described in this Agreement. All services under this Agreement shall be performed by the
Contractor or sub-Contractor and all persons engaged in work under the Agreement shall be
qualified to perform such services and authorized under federal, state and local laws to perform
such services. Personnel who perform services under this Agreement shall not be employees of the
City.
All workers must have sufficient knowledge, skill, experience and certification required to
perform properly the work assigned to them. Any worker, including supervisors, employed by the
Contractor or subcontractors who, in the opinion of the City does not perform work under this
Agreement in a skillful manner, or appears to be incompetent or to act in a disorderly or intemperate
manner shall, at the written request of the City, be discharged immediately and shall not be
employed again in any portion of the Work without the approval of the City.
The Contractor shall at all times be responsible for the conduct and discipline of his employees
and/or any subcontractor or persons employed by subcontractors. The Contractor shall provide a
current listing of names and license numbers of all personnel executing work related to this contract.
This listing shall be updated by the Contractor within three days of a personnel change.

18. E-VERFIY. As a condition precedent to entering into an Agreement as a result of this

proposal, and in compliance with Section 448.095, Fla. Stat., Contractor and its subcontractors
shall, register with and use the E-Verify system to verify work authorization status of all employees
hired after January 1, 2021.

A. Contractor shall require each of its subcontractors to provide Contractor with an affidavit
stating that the subcontractor does not employ, contract with, or subcontract with an
unauthorized alien. Contractor shall maintain a copy of the subcontractor’s affidavit as part
of and pursuant to the records retention requirements of this Agreement.

B. The City, Contractor, or any subcontractor who has a good faith belief that a person or entity
with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the
provisions of this section shall terminate the contract with the person or entity.

C. The City, upon good faith belief that a subcontractor knowingly violated the provisions of
this section, but Contractor otherwise complied, shall promptly notify Contractor and
Contractor shall immediately terminate the contract with the subcontractor.

D. A contract terminated under the provisions of this section is not a breach of contract and may
not be considered such. Any contract termination under the provisions of this section may
be challenged pursuant to Section 448.095(2)(d), Fla. Stat. Contractor acknowledges that

SV21B036
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City Councilupon
Regular - Juneof8,this
termination 2021 - 6:30 PM
Agreement by the City for a violation of this section by Contractor,
Contractor may not be awarded a public contract for at least one (1) year. Contractor further
acknowledges that Contractor is liable for any additional costs incurred by the City as a
result of termination of any contract for a violation of this section.

E. Subcontracts:
Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this
section, including this subsection, requiring the subcontractors to include these clauses in
any lower tier subcontracts. Contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in this section.

19. PROTECTION OF PERSONS AND PROPERTY. The Contractor shall exercise

precaution at all times for the protection of persons and property. The Contractor shall strictly
comply with all safety provisions of all applicable laws and ordinances and shall be responsible for
initiating, maintaining and supervising all safety precautions and programs in connection with the
Work in accordance with the U.S. Department of Labor Occupational Safety and Health Act and
the laws of the State of Florida. This Contract requires that the Contractor and any and all
subcontractors hired by the Contractor comply with all relevant standards of the Occupational
Safety and Health Act. Failure to comply with the Act constitutes a failure to perform. The
Contractor agrees to reimburse the City for any fines and/or court costs arising from penalties
charged to the City for violations of OSHA committed by the Contractor or any and all
subcontractors.
The Contractor shall take all reasonable precautions for the safety of, and shall provide all
reasonable protection to prevent damage, injury or loss to, all employees on the Work and all other
persons who may be affected thereby; all the work materials and equipment to be incorporated
therein, whether in storage on or off the project site, under the care, custody or control of the
Contractor or any of his subcontractors; and other property on the site or adjacent thereto, including
vehicles and equipment therein, trees, shrubs, lawns, walks, pavements, structures and utilities
including, but not limited to, fire hydrants, swales, gutters, sewer inlets, drainage ditches, etc.
Contractor shall insure that its contract work does not impair the proper functioning of these
utilities.
The Contractor shall perform any work and shall furnish and install materials and equipment
necessary during an emergency endangering life or property. In all cases, the Contractor shall notify
the City of the emergency as soon as practicable, but shall not wait for instructions before
proceeding to properly protect both life and property.

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City CouncilThe
Regular - June
City has 8, 2021
the right - 6:30
to order PM
the Contractor to discontinue hazardous work practices upon
verbal or written notice. It is required that the Contractor keep and maintain all the necessary
protective devices in place and in proper condition at all times where Work is being performed to
prevent injury to persons or damage to public or private property.
The Contractor shall be held fully responsible for such safety and protection until final
written acceptance of the Work.

20. CONTRACTOR'S RESPONSIBILITY FOR WORK. Until acceptance of the Work

by the City, the Work shall be under the charge and care of the Contractor, and it shall take every
necessary precaution against damage to the Work by the action of the elements or from any other
cause whatsoever, whether arising from the execution or from the non-execution of the Work. The
Contractor shall reprint, repair, restore and make good, without additional compensation, all
damage to any portion of the Work occasioned by any cause, other than the sole and active
negligence of the City, before its completion and acceptance.

21. SUBCONTRACTS AND ASSIGNABILITY. The Contractor shall not assign any
interest in this Agreement and shall not transfer any interest in the same without the prior written
consent of the City. Any sub-contracts or other work which is performed by persons or firms other
than the Contractor under this Agreement or any work orders shall have prior written approval of
the City. Any subcontracts, outside associates, or Contractors required by the Contractor in
connection with services covered by this Agreement must be specifically approved by the City.

22. INDEMNIFICATION. For other and additional good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the Contractor shall indemnify, hold
harmless and defend the City of Titusville, its officers agents, officials, representatives and
employees against any and all liability, loss, cost, damages, expenses, claim or actions, of whatever
type, including but not limited to attorney's fees and suit costs, for trial and appeal which the City
of Titusville, its officers, officials, agents, officials representatives or employees or any other
person(s) or business entity(ies) who may hereafter sustain, incur or be required to pay, arising
wholly or in part due to any act or omission of Contractor, its agent(s), vendors, subcontractor(s),
representatives, servants, or employees in the execution, performance or nonperformance or failure
to adequately perform Contractor's obligations pursuant to this contract.

23. INTERESTS OF CITY OFFICIALS. No officers, members or employees of the City

and no members of its governing body, and no other public official of the governing body of the
locality or localities in which services for the facilities are situated or carried out, who exercises
any functions or responsibilities in the review or approval of the undertaking or carrying out of this
project, shall participate in any decision relating to this Agreement which affects his personal

Page SV21B036
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City Council Regular
interest, or - June
have any 8, 2021
personal - 6:30 PMinterest, direct or indirect, in this Agreement or the
or pecuniary
proceeds thereof.

24. CERTIFICATION OF RESTRICTIONS ON LOBBYING. The Contractor agrees that

no Federal appropriated funds have been paid or will be paid by or on behalf of the Contractor to
any person for influencing or attempting to influence any officer or employee of any Federal
agency, a member of Congress, an officer or employee of Congress or an employee of a member
of Congress in connection with the awarding of any Federal contract, the making of any Federal
Grant, the making of any Federal loan, the entering into of any cooperative agreement and the
extension, continuation, renewal, amendment or modification of any Federal contract, Grant, loan
or cooperative agreement.
If any funds other than Federal appropriated funds have been paid by the Contractor to any
person for influencing or attempting to influence an officer or employee of any Federal agency, a
member of Congress, an officer or employee of Congress or an employee of a member of Congress
in connection with any FDOT Joint Participation Agreement, the undersigned shall complete and
submit Standard Form-LLL "Disclosure Form to Report Lobbying" in accordance with its
instructions.

25. CONFLICT OF INTEREST. The Contractor covenants that it presently has no interest
and shall not acquire any interest, direct or indirect, which shall conflict in any manner or degree
with the performance of services required to be performed under this Agreement. The Contractor
further covenants that no person having any such interest shall be employed by him/her during the
performance of this Agreement. The Contractor shall not undertake any professional work which
conflicts with his duties as the City's Contractor without the prior written consent of the City during
the term of this Agreement. Any work where the Contractor can reasonably anticipate that it may
be called to testify as a witness against the City in any litigation or administrative proceeding will
constitute a conflict of interest under this Agreement.

26. COMPLIANCE WITH LAW. The Contractor expressly agrees to comply with all laws
and regulations relating to providing services under this Agreement. The failure of the Contractor
to adhere to any law or regulation pertaining to furnishing services under this Agreement shall
constitute a material breach of this Agreement.

27. WAIVER. The waiver by the City of any of the Contractor's obligations or duties under
this Agreement shall not constitute a waiver of any other obligation or duty of the Contractor under
this Agreement.

28. PUBLIC ENTITY CRIME. The Contractor shall file a sworn statement with the City
which is Attachment I, stating whether a person or affiliate as defined in Section 287.133 (1),

Page SV21B036
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City Council Regular has
Florida Statutes, - June
been8, convicted
2021 - 6:30
of PM
a public entity crime subsequent to July 1, 1989, in
accordance with the provisions of Section 287.133 of the Florida Statutes.

29. COVENANT AGAINST CONTINGENT FEES. The Contractor warrants that it has
not employed or retained any company or person, other than a bona fide employee working solely
for the Contractor to solicit or secure this Agreement and that it has not paid or agreed to pay any
person, company, corporation, individual or firm, other than a bona fide employee working solely
for the Contractor any fee, commission, percentage, gift or any other consideration contingent upon
or resulting from the award or making of this Agreement. For the breach or violation of this
paragraph, the City shall have the right to terminate the Agreement without liability and, at its
discretion, deduct from the Agreement price, or otherwise recover, the full amount of such fee,
commission, percentage, gift or consideration.

30. DRUG-FREE WORKPLACE. The contract documents also consist of the "Drug-Free
Workplace Form" which is in accordance with Florida Statute 287.087 and must be signed.

31. GOVERNING LAW WAIVER OF TRIAL BY JURY.

A. The laws of the State of Florida shall govern this Contract and venue for any action pursuant
to the Contract Documents shall be in Brevard County, Florida.
B. The parties hereto expressly waive trial by jury in any action to enforce or otherwise resolve
any dispute arising hereunder.

32. VENUE. In the event of any legal proceedings arising from or related to this Agreement,
venue for such proceedings shall be in Brevard County, Florida.

33. ATTORNEY’S FEES. In the event of any legal or administrative proceedings arising
from or related to this Agreement, including appeals, each party shall bear its own costs and
attorney’s fees.

34. LIQUIDATED DAMAGES. Not required for the work under this Agreement.

35. BOND. Not required for this agreement.

36. CONSTRUING PROVISIONS. This Agreement shall not be construed against the
party who drafted the same, as both parties have obtained experts of their choosing to review the
legal and business adequacy of the same. In any conflict between the Technical Specifications, and
the general terms of this Agreement, the provisions of the latter shall prevail.

37. INSURANCE. The Contractor agrees to carry insurance, of the types and subject to
the limits as set forth below and maintain said insurance during the life of this agreement:
a) Workers’ Compensation - Contractor shall purchase workers’ compensation insurance as
required by law or prove exemption status.

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City Council Regular - June
b) Commercial 8, 2021
General - 6:30
Liability PM
- Contractor shall purchase Commercial General Liability
insurance with a $1,000,000 combined single limit for each occurrence to include the
following coverage: operations, products and completed operations, personal injury,
contractual liability covering this Contract, “X-C-U” hazards and property damage in the
amount of $500,000.
c) Commercial Auto Liability - Contractor shall purchase Commercial Auto Liability
insurance with a combined single limit of at least $1,000,000.
Further, Contractor shall maintain such insurance as is reasonably required to satisfy its obligations
to protect the Work paid for by the City but not yet accepted.
The insurance company selected shall be A- or better per the Best's Key Rating Guide. The
Contractor and the insurance company(s) shall agree to furnish the City thirty (30) days written
notice of their intent to cancel or terminate said insurance. It is the full responsibility of the
contractor to ensure that all sub-contractors have full insurance coverage as stated above.
The Contractor shall not commence the Work under this contract until it has obtained all
the insurance required under this paragraph and certificates of such insurance have been submitted
to the City, nor shall the Contractor allow any subcontractor to commence work on his subcontract
until all insurance required has been so obtained and approved by the City. The Contractor shall
carry and maintain until acceptance of the Work, insurance as specified herein and, in such form,
as shall protect him and any subcontractor performing work under this Contract, or the City, from
all claims and liability for damages for bodily injury, including accidental death, under this
Contract, whether by himself or by any subcontractor or by any one directly or indirectly employed
by either of them.
The Contractor shall furnish to the City certificates of insurance in duplicate showing proof
of insurance, naming the City as an additional insured party, prior to the start of construction as
provided in the Contract.

38. GUARANTEE. Contractor warrants all services provided and work performed for a
period of not less than one (1) year from the completion date of work performed.
The making of the final payment by the City to the Contractor shall not relieve the
Contractor of any warranty responsibilities.

39. INDEPENDENT CONTRACTOR. Contractor is an independent contractor. Neither

Contractor nor Contractor’s employees are employees of the City. Contractor shall have the right
to control and direct the means and methods by which the Work is accomplished. Contractor is
solely responsible for compliance with all labor and tax laws pertaining to Contractor, its officers,
agents, and employees, and shall indemnify and hold the City harmless from any failure to comply

Page SV21B036
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City Council
with suchRegular - June 8, 2021
laws. Contractor’s duties- with
6:30respect
PM to Contractor, its officers, agents, and employees,
shall include, but not be limited to: (1) providing Workers’ Compensation coverage for employees
as required by law; (2) hiring of any employees, assistants, or subcontractors necessary for
performance of the Work; (3) providing any and all employment benefits, including, but not limited
to, annual leave, sick leave, paid holidays, health insurance, retirement benefits, and disability
insurance; (4) payment of all federal, state and local taxes income or employment taxes, and, if
Contractor is not a corporation, self-employment (Social Security) taxes; (5) compliance with the
Fair Labor Standards Act, 29 U.S.C. §§ 201, et seq., including payment of overtime in accordance
with the requirements of said Act; (6) providing employee training for all functions necessary for
performance of the Work; (7) providing equipment and materials necessary to the performance of
the Work; and (8) providing office or other facilities for the performance of the Work. In the event
the City provides training, equipment, materials, or facilities or otherwise facilitate performance of
the Work, this shall not affect any of Contractor’s duties hereunder or alter Contractor’s status as
an independent contractor.

40. STANDARD OF PERFORMANCE. Contractor’s services will at a minimum meet the

level care and skill ordinarily used by members of Contractor’s occupation/profession performing
the type of services provided herein within the State of Florida.

41. PUBLIC RECORDS. Records of the Contractor that are made or received in the course
of performance of the Contractor’s obligations under this Contract may be public records that are
subject to the requirements of Chapter 119, Fla. Stat. and accordingly Contractor shall keep and
maintain public records that ordinarily and necessarily would be required by the City in order to
perform the service. However, some records may be confidential or exempt from disclosure under
Chapter 119, Fla. Stat. In the event the Contractor receives a request for any such records, the
Contractor shall notify the City and comply with Chapter 119, Fla. Stat. The Contractor shall not
prepare any news or press release in any way related to this Contract, without the City’s written
consent. Contractor hereby agrees to comply with the following:
1. As provided in Section 119.0701, Florida Statutes, the Contractor is required to, and by
executing this Contract the Contractor agrees to:
(a) Keep and maintain public records that ordinarily and necessarily would be required by the
City in order to perform the service.
(b) Upon request from the City’s custodian of public records, provide the City with a copy of
the requested records or allow the records to be inspected or copied within a reasonable time
at a cost that does not exceed the cost provided in Chapter 119.07, Florida Statutes or as
otherwise provided by law.

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City Council Regular
(c) Ensure - June
that public8,records
2021 -that
6:30arePM
exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following the completion of the contract if the Contractor does not transfer
the records to the City.
(d) Upon completion of the contract, transfer, at no cost to the City, all public records in
possession of the Contractor or keep and maintain public records required by the City to
perform the service. If the Contractor transfers all public records upon completion of the
contract, Contractor shall destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. If Contractor keeps and maintains
public records upon completion of the contract, Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be provided
to the City upon request from the City’s custodian of public records in a format that is
compatible with the information technology systems of the City.
2. The term “public record” as used in this provision includes all documents, papers, letters,
maps, books, tapes, photographs, films, sound recordings, data processing software, or other
material, regardless of the physical form, characteristics, or means of transmission, made or
received pursuant to law or ordinance or in connection with the transaction of official business
by the City.
3. THE CONTRACTOR AGREES THAT NO PUBLIC RECORD DEEMED
CONFIDENTIAL UNDER FLORIDA OR FEDERAL LAW WILL BE RELEASED BY
THE CONTRACTOR TO ANYONE OTHER THAN THE CITY ATTORNEY’S OFFICE
OR CITY’S CUSTODIAN OF PUBLIC RECORDS. NO PUBLIC RECORDS DEEMED
EXEMPT FROM THE PUBLIC RECORDS LAW, CHAPTER 119, FLORIDA STATUTES,
WILL BE RELEASED OR PROVIDED TO ANYONE OTHER THAN THE CITY
ATTORNEY’S OFFICE OR CITY’S CUSTODIAN OF PUBLIC RECORDS, EXCEPT
WITH THE WRITTEN APPROVAL OF THE CITY ATTORNEY OR ITS DESIGNEE. The
Contractor agrees that it will not withhold any public record from the City for any reason
including a claim that the public record is exempt, confidential, proprietary, or a trade secret.

IF CONTRACTOR HAS ANY QUESTIONS REGARDING THE

APPLICATION OF CHAPTER 119, FLORIDA STATUTES TO
CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CITY’S

Page SV21B036
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City Council Regular - June 8,OF
CUSTODIAN 2021 - 6:30 PM
PUBLIC RECORDS AT 321-567-3682,
[email protected], 555 S. Washington Ave., Titusville FL 32796.

Page SV21B036
103 of 220Generator Inspection, Maintenance, & Repair – WR (Secondary) Page 16 of 17
City Council Regular
IN WITNESS - June 8, 2021
WHEREOF, - 6:30hereto
the parties PM have accepted, made, and executed this
Agreement upon the terms and conditions above stated.

CONTRACTOR: OWNER:
CJ’s Sales and Services of Ocala, Inc City of Titusville
132 NE 17th Pl 555 S. Washington
Ocala, FL 34470 Titusville, FL 32796

By _________________________ By ________________________
Misty Perry, President Daniel E. Diesel, Mayor

Date ______________________ Date ______________________

ATTEST

__________________________
Wanda F. Wells, City Clerk
Date ______________________

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

______________________________ ___________________________
Richard C. Broome, City Attorney William S. Larese, City Manager
Date __________________________ Date _______________________

Staff Review & Preparation:

_____________________________________________Date _______________
April Chapman, Purchasing & Contracting Administrator

_____________________________________________Date_______________
Sean Stauffer, Water Resources Director

Page SV21B036
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City Council Regular - June 8, 2021 - 6:30 PM

Category: 8.
Item: E.
City of Titusville

To: The Honorable Mayor and City Council

From: William S. Larese, City Manager
Subject: Purchase of Software Upgrades for the Water Reclamation
Facilities Operating Systems
Department/Office: Water Resources

Recommended Action:
Approve the purchase of two AVEVA Intouch System Platform 2020 and the associated
supporting items from Insource Solutions of Richmond VA in the amount of $60,100.17 to
upgrade the WonderWare Software at both Water Reclamation Facilities, approve a budget
amendment to fund the purchase, and authorize the Mayor to execute the contract.

Summary Explanation & Background:

WonderWare is a software package that is widely used in water and sewer Operational
Technology and SCADA. This software runs and automates the operation of the WRFs and
has done so for many years.

The existing Blue Heron and Osprey WRF Wonderware SCADA servers and software were
installed in 2005 and are now in the process of being replaced. The current software will be
phased out in the next three years. This purchase of new software upgrades is recommended
at this time because the vendor is providing the software at a 50% discount and can be
integrated now concurrently with the ongoing project. These upgrades will provide functionality,
reliability, and cybersecurity for the Osprey and Blue Heron WRFs.

Staff recommends that City Council approve the purchase of two AVEVA Intouch System
Platform 2020 and the associated supporting items from Insource Solutions of Richmond VA in
the amount of $60,100.17 to upgrade the WonderWare Operating Systems at both Water
Reclamation Facilities, approve a budget amendment to fund the purchase, and authorize the
Mayor to execute the contract.

Alternatives:
Do not authorize the purchase and implement the existing software that will need to be
upgraded in 2024 at a much greater expense.

Item Budgeted:

Page 105 of 220

City Council Regular - June 8, 2021 - 6:30 PM
No

Source/use of funds/Budget Book Page:

Following the budget amendment sufficient funds will be available in the Cyber Security Capital
Improvement Project WR1901

Strategic Plan:
No. 2 – Efficient and Effective Services

Strategic Plan Impact:

Upgrade of this software will increase reliable WRF operations.

ATTACHMENTS:
Description Upload Date Type
Quote 5/28/2021 Backup Material
Sole Source Letter 6/1/2021 Backup Material
BA 6/2/2021 Backup Material

Page 106 of 220

City Council Regular - June 8, 2021 - 6:30 PM

We have prepared a quote for you

System upgrade

QUOTE #022549 V1

PREPARED FOR

City of Titusville

Page 107 of 220804.378.8981 [email protected] www.insource.solutions

 City Council Regular - June 8, 2021 - 6:30 PM

804.378.8981 [email protected] www.insource.solutions

Friday, May 28, 2021

City of Titusville
Ron Swank
PO BOX 2806
Titusville, FL 32781
[email protected]

Dear Ron,

Thank you for your business.

InSource is committed to the revitalization of manufacturing in America. In support of this effort, we focus on making clients
more productive and more profitable. For many years, we have provided software, hardware, services, and consulting.
Through these engagements, we identified multiple dimensions that have impact on the success of an organization. We have
found that there is great value in providing industrial IT software or hardware or implementation services. Yet, the value our
clients realize is multiplied and has greater potential to be sustained when several dimensions are addressed in concert.

We work hard to correct misconceptions about manufacturing while reviving interest. We reach out in our communities to
educate and support the next generation of manufacturers. We provide solutions and services that help our clients compete
globally, and we do it because we are passionate about manufacturing.

Ask me how we can help

Please send your purchase order to [email protected] or by fax to 804.378.8970.

Note: when sending purchase orders, please include a copy of your company's tax exempt certificate, if applicable. This
omission could delay your order.

Melisa January
Sales Support Partner
Richmond, VA

Page 108 of 220

Quote #022549 v1 May 28, 2021 Page 2 of 5
 City Council Regular - June 8, 2021 - 6:30 PM

804.378.8981 [email protected] www.insource.solutions

Software
Item Description Price Qty Ext. Price
1 SysPlt-05-N AVEVA System Platform 2020, 5K IO/1K History - Application $21,794.75 2 $43,589.50
-20 Server 5K IO, Historian Standard 1K Tag , 2 Communication
Drivers Standard, 1 Historian Client Web.

Functionally upgrade sn: 1988213 and 1988214

2 SupClt-02- AVEVA Supervisory Client without Historian Client Desktop $500.00 1 $500.00
N-20 2020, no MSCAL

Functionally upgrade sn: 486670

3 SupClt-02- AVEVA Supervisory Client without Historian Client Desktop $500.00 1 $500.00
N-20 2020, no MSCAL

Functionally upgrade sn: 974364

4 SupClt-02- AVEVA Supervisory Client without Historian Client Desktop $959.50 4 $3,838.00
N-20 2020, no MSCAL

Functionally upgrade sn: 974365, 974366, 1988217, 2988218

5 CF-ADD- Customer FIRST Add to Existing - WW HMI SCADA $7,590.21 1 $7,590.21

WW

6 HstClt-01-N AVEVA Historian Client Desktop 2020, Concurrent User $1,735.00 2 $3,470.00
-20 Single

New Licenses

7 CF-ADD- Customer FIRST Add to Existing - Historian $612.46 1 $612.46

HST

Subtotal: $60,100.17

Page 109 of 220

Quote #022549 v1 May 28, 2021 Page 3 of 5
 City Council Regular - June 8, 2021 - 6:30 PM

804.378.8981 [email protected] www.insource.solutions

System upgrade
Quote Information: Prepared for: Account Executive: Prepared by:
Quote #: 022549 City of Titusville Richmond, VA Richmond, VA
Version: 1 Ron Swank Marshall Williams Melisa January
PO BOX 2806 704.895.9753 804.419.1353
Delivery Date: 05/28/2021 Titusville, FL 32781 [email protected] [email protected]
Expiration Date: 06/25/2021 [email protected] m
(321) 567-3879

Quote Summary
Description Amount
Software $60,100.17

Total $60,100.17

Taxes, Shipping, handling and other fees may apply. Your order will be pre-processed awaiting final processing after we receive
your purchase order at [email protected] or by fax at 804.378.8970. We reserve the right to cancel orders arising from
pricing or other errors.

In certain circumstances, tariffs may impact the pricing of products and services relied upon by ISS from its vendors. In such a
case where a Quotation is affected by a tariff after its issuance, ISS reserves the right to withdraw its Quotation and offer a new
Quotation based upon pertinent impacts of tariffs.

Payment Terms: Net 45

Signature Date

Page 110 of 220

Quote #022549 v1 May 28, 2021 Page 4 of 5
 City Council Regular - June 8, 2021 - 6:30 PM

804.378.8981 [email protected] www.insource.solutions

Delivery and Payment Terms

General Delivery Terms
Software/Maintenance: 3-5 Business Days for Electronic Delivery.

*Requests for physical delivery of software (when available) must be made

at time of order.

Hardware: 2-3 weeks for pre-built/off-the-shelf hardware

3-8 weeks for custom/build-to-order hardware
4-8 weeks after drawing approval for Strongarm build-to-order enclosures

Services: Per Contract Agreement

Onsite Training: Date to be negotiated after receipt of order, but generally no sooner than 30
days from date of order receipt

FOB: Shipping Point – Freight is prepaid and added to invoice

Standard Payment Terms

NOTE: You may receive separate invoices for individual Products, Maintenance, Training, and/or
Services

Products/Maintenance: Net 30 Days from date of invoice with approved credit/credit limit

Training: Pre-pay or payment of invoice prior to class attendance

Services: Net 30 Days from date of invoice with approved credit/credit limit
Time & Expense Services invoiced weekly as consumed
Fixed Cost Services (including Ready to Go Services) invoiced 50% at time
of order and 50% upon project completion
Travel and Living Expenses billed separately and at cost

Remit to Address InSource Solutions

PO Box 72804

Richmond, VA 23235
 

Page 111 of 220

Quote #022549 v1 May 28, 2021 Page 5 of 5
 Standard Terms and Conditions - InSource Software Solutions, Inc.

Priority. These Terms and Conditions govern the sale and purchase of the Products, Software and/or Services as defined herein that (provided, however, that any travel expenses listed or estimated in an Order shall be deemed approved in advance). ISS shall itemize
City Council Regular - June 8, 2021 - 6:30 PM
are provided by InSource Software Solutions, Inc. (“ISS”) as set forth in the applicable Quotation or Purchase Order (collectively, the
“Order”) to Client (as identified in the Order). These Terms and Conditions constitute an integral part of the contract between ISS and
and include such travel expenses in its invoices to Client for Services, as set forth in the applicable Order. Upon Client’s written request,
ISS shall provide receipts or other appropriate documentation. For clarity, unless otherwise provided in an Order, these terms shall not
Client for the purchase of the Products, Software and/or Services set forth in the applicable Order. By signing the Order or any similar apply to custom work performed under a master services agreement (including customization of Software provided in an Order), even
ordering document, Client shall be deemed to enter into a purchase order for the subject Products, Software and/or Services and to if these Terms and Conditions are executed in addition to such agreement.
agree and acknowledge specifically that (a) Client has read and understands and agrees to these Terms and Conditions; (b) that the Ownership. ISS will retain all right, title and interest in and to all methodologies, processes, improvements, designs, tools, algorithms
Order (or similar ordering document), including these Terms and Conditions, constitutes a "writing signed by Client" under any and information used by ISS to deliver the any of the Services (including, without limitation, the Software Services) hereunder (“Know-
applicable law or regulation; and (c) Client consents to the electronic delivery of the disclosures contained in these Terms and how”). Client agrees that ISS’s Know-how constitutes Confidential Information (as set forth below), has tangible value and includes
Conditions. Any changes in these Terms and Conditions must be specifically agreed to in writing signed by an authorized officer of ISS. trade secret information of ISS. ISS shall retain all rights to the Know-how, including all copyrights therein, and no license to Client
In the event of a conflict between these Terms and Conditions and different terms and conditions set forth in an Order, these Terms under any patent, copyright, trademark or other intellectual property right of ISS is either granted or implied by Client’s receipt of any
and Conditions shall prevail unless the inconsistent term in the Order expressly states otherwise. All capitalized terms and phrases Know-how or ISS’s use of any Know-how during the course of its provision of the Services hereunder.
used herein but not otherwise defined shall have the same meanings given to them in the Order. Client agrees that all work performed by ISS pursuant to an Order shall be owned by ISS unless otherwise specified in an Order. ISS
Definitions. shall accordingly have the sole and exclusive right to seek registration of any work resulting from ISS’s services under the terms of the
• “Perpetual License” is a license for computer software that is not limited in duration. Order with the United States Copyright Office as the sole author thereof.
• “Product” means the computer hardware that Client purchases from ISS. The Product may be sold directly by ISS, or through ISS Limited Warranty.
by a third party. Products. ISS warrants only that Products sold and supplied by ISS or delivered shall conform to the standard physical characteristics
• “Services” means the relevant combination of the Software Services, Technical Services, and Technical Support & Maintenance. for the applicable Products as defined within the applicable Product specifications supplied by ISS in connection with the Order. ISS
• “Software” means the software offered as an FTP download or other direct provision that is loaded onto Client’s hardware or into an warrants that the Products shall conform to the Product specifications for a period of one (1) year after the date of delivery to Client
environment owned or controlled by Client. (the “Warranty Period”). If, during the Warranty Period, any Product is found to be defective in material or workmanship, ISS, at its
• “Software Services” means the software provided by ISS either as a hosted, cloud-based or remote solution. ISS controls the option, shall replace or repair the defective Product; provided, however, that such repair or replacement is Client’s sole and exclusive
hardware upon with the Software Services are loaded and from which the Software Services are provisioned to Client. remedy for receipt of a defective Product. This warranty is non-transferable and applies only to the original purchaser of the Product(s);
• “Solution” or “Solutions”” means the content, methodologies, hardware, software, deliverables, or documentation provided to Client any resale of the Product(s) without the express, prior, written permission of ISS shall render this warranty void. This warranty does not
pursuant to any Order. extend to damage or wear caused by misuse, negligence, accident, corrosion, modification by the Client, faulty installation, loss of
• “Technical Services” means the professional services provided to Client on a time & materials, or other agreed upon basis. product, or tampering in a manner to impair normal operation of the equipment or software.
• “Technical Support & Maintenance” means the services through which ISS supports Client’s use of the Software & Software Software. The warranty applicable to Software licensed by ISS to Client is set forth in the applicable EULA for the specific Software
Services. product that is the subject of such license. Client’s sole and exclusive remedy for receipt of defective Software is as set forth in the
Term and Termination. The Term of any Order shall be as set forth in the Order. If not otherwise specified, the Term shall commence EULA. A Client requiring the pertinent EULA may contact ISS at [email protected].
as of the date of execution of the Order and expire at the later of the date ISS receives final payment for all Products, Software, Services. ISS warrants that the Technical Services shall be performed in a good and workmanlike manner and shall conform to the
Solutions, and/or Services provided, or the date ISS completes its provision of the applicable Products, Software, Solutions, and/or specifications, if any, set forth in the applicable Order. If Technical Services are found not to conform to the specifications within ninety
Services that are the subject of the Order. Orders accepted by ISS may be canceled by Client only with the written consent of ISS (90) days from the time of completion of the Technical Services, ISS shall correct such defects, provided that written notice of a claimed
(which ISS may withhold) and upon payment of reasonable cancellation or restocking charges as specified in the applicable Order. ISS defect is given promptly upon discovery and within the services warranty period. ISS’s re-performance of any Technical Services found
shall have the right to cancel any order or to refuse or delay the shipment or provision thereof for failure of Client to make payments to be defective is Client’s sole and exclusive remedy for receipt of any defective Technical Services.
due or for any acts or omissions that delay or impair ISS’s performance. In the event of bankruptcy or insolvency of Client, or in the Third Party Products or Software. ISS warrants Products or Software supplied by third parties only to the extent that such third parties
event any proceeding is brought by or against Client, voluntarily or involuntarily, under any provision of the Bankruptcy Act or any allow ISS to pass through to Client the warranties of such third parties. To the extent permitted, ISS shall assign to Client any such
insolvency law, ISS shall be entitled to cancel any order then outstanding, at any time during the period allowed for filing claims against applicable warranties. Client’s sole remedy for a breach of such warranty shall be the remedy offered by and available from the third-
the estate, and shall receive reimbursements for its reasonable and proper cancellation charges. The Ownership, Intellectual Property party supplier. Products or Software from third parties which are not accompanied by third-party warranties are sold on an “AS IS”
Indemnification, Governing Laws, Disclaimer of Warranty, Limitation of Liability provisions and those other provisions that by their basis.
nature are intended to remain in effect after the termination of the applicable Order shall survive such termination or expiration. Upon
termination of the Order, Client will no longer have access to the Solution as defined herein. Furthermore, ISS reserves the right to Disclaimer of Warranties. ISS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, ARISING BY
suspend Client’s access to the Solution in the event of late renewal, restoring access upon payment in full. ISS also reserves the right LAW, CONTRACT OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
to revise these Terms and Conditions upon commencement of any new Term. PURPOSE, INTEROPERABILITY OR NON-INFRINGEMENT, ALL OF WHICH ARE SPECIFICALLY EXCLUDED TO THE FULLEST
EXTENT PERMITTED BY LAW. ISS’S WARRANTIES AS HEREIN SET FORTH SHALL NOT BE ENLARGED, DIMINISHED, OR
License. Solutions—and components thereof—are licensed, not sold to Client. As between ISS and Client, ISS shall be the sole and OTHERWISE AFFECTED BY, NOR SHALL ANY OBLIGATION OR LIABILITY OF ISS ARISE OUT OF ISS’S PROVIDING
exclusive owner of all right, title, and interest therein, including without limitation, all copies thereof, all updates and other modifications TECHNICAL SERVICES OR TECHNICAL SUPPORT & MAINTENANCE IN CONNECTION WITH THE PRODUCTS, SOFTWARE OR
thereto, and all intellectual property rights therein, whether suggested, created, made, or provided by ISS, Client, or Client’s affiliates, SOFTWARE SERVICES FURNISHED HEREUNDER.
and users of the Solution shall not acquire any right, title, or interest in any Solution or components of it. To the extent that any of these
parties has or does acquire any such right, title, or interest, Client, on behalf of itself and its affiliates, shall assign and hereby assigns Intellectual Property Indemnification. Client shall indemnify, defend and hold ISS harmless from and against any expenses,
it to ISS. damages, costs or losses including attorneys’ fees, resulting from any suit or proceeding instituted or claim asserted (including
1) Subscription. ISS may offer its Solution on a subscription basis (“Subscription”) for a time period agreed to by the parties pursuant settlement of any of the foregoing)(collectively, “Claims”), for infringement of third-party patents, copyrights, trademarks or other
to the applicable Order. For such Subscriptions, Client will be assessed the fee agreed upon by the parties for that Subscription intellectual property rights under the laws of the United States or any other nation, arising from (a) ISS’s compliance with Client’s
period. Client access to the Solution may be restricted or terminated if a Subscription is terminated or not renewed on a timely basis. designs or specifications; (b) the use of the Products or Software in any manufacturing or other process; or (c) the combination of the
Client must provide a minimum of 30-days written notice to terminate any Subscription prior to the next scheduled billing date or Products or Software with items not supplied by or specified by ISS.
renewal anniversary, and such termination will be subject to a 25% penalty of: 1.) the remaining Subscription fee, if any; or 2.) the Limitation of Liability. LIABILITY OF ISS TO CLIENT FOR DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF
total Subscription fee of the then-current term, whichever is greater. THE FORM OF ANY ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE SHALL
a) AVEVA FLEX Subscriptions: BE LIMITED TO THE PRICE SPECIFIED IN THE APPLICABLE ORDER FOR THE SPECIFIC PRODUCT, THE COMPONENT OF
i) Virtual credits purchased by the Client may be redeemed to create a license file allowing access and use of a variety of SOFTWARE OR THE SERVICE RENDERED THAT CAUSED THE DAMAGES OR THAT IS THE SUBJECT MATTER OF, OR IS
interchangeable products. Credits will be allotted to respective twelve calendar month periods (each a “Year”). Once activated, DIRECTLY OR INDIRECTLY RELATED TO THE CAUSE OF ACTION. IN NO EVENT SHALL ISS BE LIABLE TO CLIENT OR
licenses begin consuming Credits on a monthly basis as prorated against the annual Credit consumption schedule listed for that OTHERS FOR LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF USE OR OTHER SPECIAL COLLATERAL, INCIDENTAL OR
product. CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION THEREOF, WHETHER IN CONTRACT OR IN TORT,
ii) To the extent permitted by applicable law, at the end of each year, any Credits not consumed will be lost and cannot be carried INCLUDING BUT NOT LIMITED TO NEGLIGENCE, EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
over into the next Year of the subscription. DAMAGES OR FOR ANY CLAIM AGAINST CLIENT BY ANY THIRD PARTY. CLIENT ASSUMES ALL LIABLITY FOR ANY AND ALL
iii) “Right to use” and “right to access” licenses under the AVEVA Flex Credit program include Support without an additional fee. DAMAGES ARISING FROM OR IN CONNECTION WITH, THE USE OR MISUSE OF THE PRODUCTS OR SOFTWARE BY CLIENT,
Clients will not have an option to obtain licenses without also obtaining support. In the event the Client wants higher levels of ITS EMPLOYEES, OR OTHERS.
support, they may select either the Premium or the Elite support for a corresponding upcharge in their subscription over their
chosen tiered price. Force Majeure. ISS will not be responsible or liable for any delay or failure in performance arising as a result of fire, accident, acts of
b) AVEVA FLEX Modernization Offering or CustomerFIRST Migrations to FLEX Subscription: God, acts of public enemy, war, labor disputes, failure or delays, transportation, inability to secure product, raw materials or machinery
i) If Client chooses not to renew their FLEX Subscription at the end of the first 3-year term, Client will migrate back to a traditional for the manufacturing process, requirements or acts of any government or agency thereof, judicial action or other causes beyond ISS’s
Perpetual license model. The cost to migrate back to Perpetual licensing will be equal to 80% of the license value acquired during control. In such event, ISS may defer performance for a period equal to the time lost by reason of the delay. If such time exceeds 45
the term of the FLEX Subscription Agreement. Any FLEX license acquired during the term will be reverted to its closest perpetual days, ISS may by written notice to Client cancel the applicable Order as to any Products, Software or Services then undelivered without
equivalent, if one exists. In the event a perpetual equivalent does not exist, Client will be required to discontinue use of the FLEX liability to Client.
license immediately. Confidentiality. The parties recognize that, during the course of the provision of the Products, Software and/or Services, each of ISS
ii) The 80% fee to reinstate to perpetual cost will not factor in Client install base owned prior to entering into the Enterprise and Client may have access to confidential or proprietary information belonging to the other party. The parties agree that any such
Subscription. confidential and proprietary information shall remain confidential. Each party agrees to use the same means it uses to protect its own
iii) Note: For each Perpetual License converted by Client to a FLEX Software Subscription License, the FLEX Software Subscription proprietary or confidential information, but in any event, not less than reasonable means, to prevent the disclosure and protect the
License will replace the corresponding Perpetual license, and such Perpetual license will be terminated. confidentiality of any of the following (collectively, “Confidential Information”): (a) written information received from the other party
2) Perpetual License. ISS may offer a perpetual license in the Solution. Payments for perpetual licenses are due according to the whether or not it is marked as confidential; and (b) oral or visual information disclosed by one party to another. Nothing in this
timeline elaborated in the relevant Order. If Client does not pay its license fee according to the ascribed deadline, ISS reserves the Confidentiality provision shall prevent either party from disclosing Confidential Information that (i) is already known by the receiving
right to suspend access. Access to such items will be re-instituted upon full payment of any outstanding amounts relating to any party (so long as the Confidential Information was not received in violation of a previous confidentiality obligation of the receiving party
perpetual license. or a third party); (ii) is publicly known or becomes publicly known without any breach of a confidentiality obligation by the receiving
Quotation. Any quotation (“Quotation”) issued by ISS is firm for thirty (30) days from the Quotation Date unless otherwise set forth on party; (iii) is received from a third party who is not under an obligation of confidentiality; (iv) is independently developed by the receiving
the cover page of such Quotation. The pricing in the Quotation applies only to the Product, Software, Solution, and/or Software Services party without the use of the disclosing party’s Confidential Information; or (v) is approved in writing by the disclosing party for disclosure.
type and quantity set forth therein. ISS may, at its option, change the Product, Software and/or Services pricing and other terms for any Nothing herein will prevent either party from disclosing the other party’s Confidential Information if required by a government agency or
subsequent sales of the applicable Product, Software and/or Software Services after the initial Quotation. Quotations are based in part court of law; provided, however, that the party obligated to disclose such information shall promptly notify the other party of such
on prices offered by ISS’s vendors. In certain circumstances, tariffs may impact the pricing of products and services relied upon by ISS obligation and reasonably cooperate in obtaining a protective order or other confidentiality agreement. If the parties may not obtain a
from its vendors. In such a case where a Quotation is affected by a tariff after its issuance, ISS reserves the right to withdraw its protective order or other remedy, the parties will only disclose such portion of the Confidential Information that is required, by law, to
Quotation and offer a new Quotation based upon pertinent impacts of tariffs. be disclosed, and the parties will use reasonable best efforts to obtain assurances that the Confidential Information will be protected
from public disclosure.
Prices. The applicable prices are only those specified in the Order and, unless expressly specified therein, do not include applicable Upon termination of the applicable Order and/or the completion of ISS’s provision of any Services hereunder and/or a disclosing party’s
destination charges or taxes. Prices, as set forth in the Order, are subject to change when interruptions, delays, or changes in the request, each party shall return or destroy all written, descriptive or tangible matter that contains or embodies the other party’s
quality, quantity or scope of the applicable Products, Software and/or Services are caused or requested by Client. Confidential Information. The parties acknowledge that any unauthorized use or disclosure of Confidential Information would result in
Taxes. In addition to the prices set forth in the Order, Client agrees to pay an amount equal to any and all applicable federal, state and immediate and irreparable harm to the disclosing party for which monetary damages may not be adequate. Accordingly, either party
local taxes, duties and other levies, which amounts shall be an additional charge to Client. shall be entitled to seek equitable relief in order to prevent such unauthorized use or disclosure or stop an ongoing unauthorized use
or disclosure without the necessity of seeking a bond or other security.
Title and Delivery. Any Products will be shipped FOB ISS’s shipping location (whether an ISS facility or the facility of the third-party This Confidentiality obligation shall remain in effect for a period of two (2) years after termination or expiration of the Order to which
provider) at the cost of Client. In the absence of specific instructions from Client, ISS will select the carrier and, at its discretion, ship these Terms and Conditions are attached; provided, however, that to the extent any Confidential Information also constitutes trade
“collect” or prepaid, but shall not be deemed thereby to assume any liability in connection with the shipment nor shall the carrier be secret information, the obligations set forth herein shall remain in full force and effect with respect to such Confidential Information for
construed to be an agent of ISS. Client must provide its own insurance for all such shipments. Title and risk of loss or damage to the so long as it remains trade secret under applicable law.
applicable Products shall pass from ISS to Client upon their delivery by ISS to the carrier. Any claims for loss or damage or misdelivery
shall be filed with the carrier. Assignment. Client will not assign or subcontract its order, any interest therein or any right therein without the prior written consent of
ISS. Nothing herein shall prevent ISS from subcontracting its performance of any of the Services hereunder to any affiliate or subsidiary
Payment. Terms of payment shall be net thirty (30) days from date of invoice as set forth in the payment terms in the Order. Interest or from assigning these Terms and Conditions to any affiliate or subsidiary or to any entity that acquires all or substantially all of ISS’s
on late payments will accrue at a rate of 1.5% per month, or the highest rate allowed by law, if less. In case of return of any Product or assets or securities.
Software in an Order by Client owing to defects covered by warranty, the invoice shall be paid within the term stated, for the amount
corresponding to the quantity of Product and/or Software accepted. Notwithstanding the foregoing, Client shall not make reductions on Governing Laws. Any dispute regarding the order (including the Terms) will be governed by and construed in accordance with the
the invoice unit price or quantities without prior written approval of ISS. Client shall pay ISS for all reasonable costs (including legal laws of the Commonwealth of Virginia (without regard to its conflict of laws’ provisions). Client agrees that it will submit to the personal
fees) of collecting payments that are overdue. Client shall not charge any service, licensing, or other fee to ISS related to invoice jurisdiction of the competent courts of the Commonwealth of Virginia in Richmond, Virginia and the courts of the United States sitting
processing and shall pay or reimburse ISS for any such fee charged by any third party which Client requires ISS to use in connection in the Eastern District of Virginia (Richmond Division), in any controversy or claim arising out of the sale contract.
with processing ISS’s invoices to Client. Export Control. Client will comply fully with all export control laws and regulations of the United States Government and with any
Cancellation. In the event of an alleged default by ISS, no cancellation by Client shall be effective unless ISS shall have failed to applicable laws and regulations of any other country and will indemnify, if requested, Company for any failure. Client agrees not to
correct such alleged default within forty-five (45) days after receipt by ISS of written notice of default from Client. Once accepted by export or re-export either directly or indirectly any technical data furnished hereunder or the direct product of such technical data to any
Client in writing, any order for Product, Software or Services pursuant to the applicable Order is firm and non-cancelable. country that, as set forth in the Export Administration Regulations of the United States Department of Commerce, is prohibited.
Inspection and Acceptance. All Software shall be deemed accepted by Client upon delivery. With respect to Technical Services, Severability of Provisions; Waiver: In the event of any one or more of the provisions contained herein shall for any reason be held
Client must notify ISS in writing of any deficiencies in the Technical Services within thirty (30) days of ISS’s completion of the same, as to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision
set forth in the Order. All Technical Services shall be deemed accepted by Client after such thirty (30) day period elapses. Software hereof, and this contract will be construed as if such invalid, illegal or unenforceable provision had never been contained herein. The
Services shall be deemed accepted once accessed via the Internet. waiver or failure of either party to exercise in any respect any right provided in this Agreement shall not be deemed a waiver of any
further right under this Agreement.
Software and Solutions. Any and all Software and Solutions provided hereunder are provided pursuant to a non-exclusive, terminable,
license. Nothing herein shall constitute the sale or purchase of any Software or Solution or grant Client any right, title or interest in or Independent Contractors. The relationship of the parties is that of individual independent contractors or of vendor and vendee and
to any Software, Solution, or components of them, unless otherwise expressly provided in an Order. In all cases (e.g., whether the nothing contained herein shall be deemed to (i) create a joint venture or partnership among ISS and Client, or (ii) cause either party or
Software and Solution are ISS-developed products or whether the Software and Solution are third-party software that is sublicensed or any of their respective officers, agents or employees to be or become the agent or employee of the other party for any reason.
distributed by ISS), Client shall be subject to and hereby agrees to comply with the terms and conditions of these Terms and Conditions Employee Solicitation. Client shall not solicit or hire for employment the employees of ISS with whom the party had contact during
and the applicable End User License Agreement (“EULA”) or analogous document for that specific Software or Solution. Except with the course of providing services. This obligation shall continue for a period of 12 months following the completion of the most recent
respect to payment terms, the terms and conditions of such software license or EULA shall control to the extent that any such terms work performed or contacted. If Client breaches its obligations the Client shall, as liquidated damages and as full and complete
and conditions conflict with these Terms and Conditions. The Software Services are governed by these Terms and conditions and any compensation for such breach, pay ISS an amount equal to twenty-five (25%) percent of the total gross earnings of ISS generated by
online agreement presented to Client (including, without limitation, Client’s employees, contractors, and agents) prior to initial use of the affected employee for the preceding twelve (12) month period.
the Software Services.
Complete Agreement. The Order, including these Terms and Conditions and all attachments and documents incorporated by
Services. To the extent that ISS provides Technical Services or Technical Support & Maintenance under the applicable Order, the reference therein, constitutes the complete and exclusive statement of the terms and conditions of the contract between ISS and Client
following terms shall apply. Unless otherwise agreed in the Order, Technical Services shall be performed between the hours of 8:00 and supersedes all prior or contemporaneous agreements, representations and/or communications, either oral or written, between the
a.m. and 5:00 p.m. Eastern Time (provided that Services provided on site at Client’s facility shall be performed during the above-listed parties hereto or any representative of such parties with respect to the subject matter hereof. No change to this contract or waiver of
hours in the time zone in which Client’s facility is located). Services shall be provided on an eight (8) hour “person day” basis. When any provision hereof will be binding on ISS unless made in writing and signed by a duly authorized representative of ISS.
Page 112 of 220
employees or contractors of ISS are required to travel outside the metropolitan areas of their primary work locations, Client shall
reimburse ISS for reasonable travel and meal expenses actually incurred by ISS that have been authorized by Client in advance
InSource Standard Terms & Conditions – Rev. November 2020
City Council Regular - June 8, 2021 - 6:30 PM

April 10, 2019

City of Titusville
Attn: Ron Swank
4800 Deep Marsh Road
Titusville, FL 32780

REF: Representation of Wonderware Operator Interface Products

This letter is to certify that InSource Solutions is the only authorized distributor in the area of industrial
operator interface products from Wonderware and the only company authorized by Wonderware to
sell and support our products.

As the exclusive distributor of Wonderware operator interface products to City of Titusville in the state of
Florida, InSource Solutons is the only authorized distributor in the area for City of Titusville to purchase
Wonderware software and support.

Wonderware industrial operator interface products may be procured and supported by contacting
InSource Solutions. Please call me or anyone at InSource Solutions whenever we can be of
service.

Sincerely,

Eric Talbott
AVEVA | Wonderware Software
Sales Operations Manager
Ph: 949-639-8609

Page 113 of 220

 City of Titusville, Florida
Budget Amendment/Transfer Form

Budget
Amendment
/Budget
Source of Account Project
Transfer
Funds: Number Number Description Amount

FY2021
Budget
401-5555-589.10-01 CONTINGENCY UNRESERVED/CURRENT YEAR UNRESERVED $ (60,101) Amendment
Budget
$ - Amendment
Budget
$ - Amendment
Budget
$ - Amendment

Total Source of Funds $ (60,101)

Use of
Funds:

FY2021
Budget
401-5555-565.65-00-WR1901 WR1901 $ 60,101 Amendment
Budget
$ - Amendment
Budget
$ - Amendment
Budget
$ - Amendment

Total Use of Funds $ 60,101

NOTE: INCREASE PROJECT FOR PURCHASE OF SOFTWARE UPGRADES
FOR WATER RECLAMATION OPERATING SYSTEMS.

Input Name: Budget Office Approval:

Input Date: Budget Office Approval Date:
Manual JE/BA#: Post Date:

Page 114 of 220

City Council Regular - June 8, 2021 - 6:30 PM

Category: 8.
Item: F.
City of Titusville

To: The Honorable Mayor and City Council

From: William S. Larese, City Manager
Subject: Lease Acquisition of Two Streetsweepers
Department/Office: Public Works

Recommended Action:
Approve the acquisition of two new streetsweepers from Environmental Products of Florida
from Apopka, Florida under a 4-year lease agreement with Leasing 2, Inc. from Tampa, Florida
in the amount of $95,710.23 annually, and a maintenance agreement in the amount of $14,400
annually. Additionally, authorize the Mayor to execute all the necessary agreement documents
subject to the resolution of agreements terms and conditions by the City Manager and City
Attorney, create associated capital outlay project and approve the associated budget
amendment.

Summary Explanation & Background:

The City's streetsweepers lease expire in 2022 and the City needs to extend a new lease for a
replacement vehicles. Given the long lead time necessary for the vehicle acquisition and the
operational needs for the vehicle, the City is recommending the vehicle be ordered prior to the
start of the new fiscal year.

It is recommended that City Council approve the acquisition of two new streetsweepers from
Environmental Products of Florida from Apopka Florida under a 4-year lease agreement with
Leasing 2, Inc. from Tampa, Florida in the amount of $95,710.23 annually, and a maintenance
agreement in the amount of $14,400 annually. Additionally, authorize the Mayor to execute all
the necessary agreement documents subject to the resolution of agreements terms and
conditions by the City Manager and City Attorney, create associated capital outlay project and
approve the associated budget amendment.

Alternatives:
None

Item Budgeted:
NA

Page 115 of 220

City Council Regular - June 8, 2021 - 6:30 PM
Source/use of funds/Budget Book Page:
See attached budget amendment

Strategic Plan:
No. 2 – Efficient and Effective Services

Strategic Plan Impact:

This action will allow the City to provide a more sustainable service with the vacuum truck by
both keeping the unit fairly new with a five year lease term and by the lease agreement providing
a replacement unit if the leased vehicle is out of service for more than 5 days.

ATTACHMENTS:
Description Upload Date Type
Lease 6/1/2021 Backup Material
Backup 6/1/2021 Backup Material
Backup 2 6/1/2021 Backup Material
Backup 3 6/1/2021 Backup Material
BA 6/2/2021 Backup Material

Page 116 of 220

 LEASE FINANCING PROPOSAL
City Council Regular - June 8, 2021 - 6:30 PM

Lessee Vendor
City of Titusville, FL Environmental Products of Florida

Proposal Date: March 8, 2021

Equipment Description: (2) Elgin Street Sweepers
Commencement Date: April 5, 2021

Option 1 Maintenance
Equipment Cost: $448,880 $14,400
Lessee Down Payment:
Amount Financed: $448,880
Lease Term: 4 Years 4 Years
First Payment Date: 10/5/2021 10/5/2021
Payment Frequency: Annual Annual
Lease Rate: 2.92% NA
Payment Amount: $95,710.23 $14,400 Total Payment - $110,110.23

Balloon: $100,000 NA
Balloon Due Date: 12/5/2025

Qualifications:

1. Pricing: This is a lease proposal for the payment stream(s) indicated above. If any of the information identified above are not correct, please
advise us so that we can determine if a new proposal is required. Other important elements of this proposal are:

a) Rate Expiration: Signing this proposal does not in itself lock in your rate. This lease must be credit approved, contracts
properly signed, and the lease funded by Leasing 2 within thirty days from the date of this proposal to protect the rates quoted.

b) Closing Costs: There will be no up-front costs of any kind charged by Lessor including closing costs, points, administrative
costs, etc. Your attorney may charge you to review the lease documents and complete the opinion letter required with our lease
documentation.

c) Fixed Rates: Rates for ten (10) years and under are fixed for the entire term. Terms over ten years have a one time rate
adjustment after seven (7) years to the then current interest rates for the remaining term.

2. Type of Lease: This is a lease-purchase type of financing. After all the lease payments are made, Lessee will own the equipment without
further cost.

3. Financial Reporting: All city, county and tax districts (including fire districts) will be expected to provide GAAP audited financial reports.
All non-for profit corporations (vfd's) will be expected to provide IRS 990 federal tax returns. If you do not maintain these types of financial
reports, please contact us to discuss.

4. Vendor Payable / Escrow Account (where applicable): In the event that the truck(s) and/or equipment are not ready to be delivered,
proceeds of this lease will be held in a vendor payable account until delivery/acceptance. This is a non-interest bearing account to Lessee.

5. Credit Approval and Documentation: This is a proposal only, and does not represent a commitment to lease. This financing is subject to
credit review and approval and execution of mutually acceptable documentation, including the opinion of lessee's counsel opining that the
agreement is legal, valid and binding, and qualified as a tax exempt obligation under the tax reform act of 1986 as amended.

Page 117 of 220

City Council Regular - June 8, 2021 - 6:30 PM

Financing provided by: Leasing 2, Inc.

Contact: Rick Carney
Phone: 800-287-5155 x16
Date: March 8, 2021
Email: [email protected]
Web: www.leasing2.com

REQUEST TO PROCEED:

When you are ready to proceed with Leasing 2 towards finalizing this lease financing arrangement, please indicate so by signing
below and completing the requested information. We will immediately email you our application. Thank you for your confidence
and consideration.

Proposal date: March 8, 2021 Option Chosen: _________ (where applicable)

Upcoming Governing Body meeting date for lease approval: ____________________________________

City of Titusville, FL
Name of Lessee

_____________________________________ ____________________________
Authorized Signature Date

_____________________________________ ____________________________
Printed Name Of Authorized Signature Title

_____________________________________ ____________________________
Contact Name (If Different Than Contact Phone
Authorized Signature)

_____________________________________ Last month of your budget year?_______________________

Contact E-Mail Address

Please complete the above information and fax or email all pages of the proposal to
813-258-9333 / [email protected]

** Important: A Resolution will be required with the lease contract **

In the event that you require board action to sign this proposal,
please call us so that we may forward the preferred form for the meeting.

Page 118 of 220

City Council Regular - June 8, 2021 - 6:30 PM

PROPOSAL SUMMARY
Prepared for: City of Titusville

Sourcewell Member # 20539

Elgin Whirlwind Street Sweeper

Whirlwind Pure Vacuum Street Sweeper with Fluid coupler Drive and Dual Side Brooms

Nick Causey| 904.537.8799 | [email protected]

Page 119 of 220
City Council Regular - June 8, 2021 - 6:30 PM

City of Titusville
March 5th, 2021

Elgin Street Sweepers

Environmental Products would like to thank you for the opportunity to present this
budget proposal for two Elgin Whirlwind Street Sweepers.

Environmental Products Group is the sole provider of Elgin Street Sweeping

Equipment in the State of Florida, as well as many other leading industry product lines
including: Vactor Sewer Cleaners, Envirosight Pipeline Inspection Cameras, Labrie
Refuse Equipment, Petersen Grapple Loaders, PB Asphalt Pothole Patchers, Madvac
Sweepers and Vacuums, and a host of parts, tools and accessories for all your needs.

Environmental Products Group prides itself on our local parts, service, and training
capabilities. With multiple full-service locations throughout Florida, Georgia, and
Memphis, Tennessee; including Vactor, Elgin, and Envirosight repair centers, extensive
parts inventory, factory-trained technicians, mobile parts and service, rentals, turnkey
maintenance packages, leasing options, and much more… we are ready to service your
every need.

EP Rents is a division of Environmental Products Group, EP Rents specializes in rental

trucks when you need them. With a large inventory of Vactor Sewer Cleaners and
Trailer Jetters, Elgin Sweeper, Envirosight Pipeline Inspection Cameras, Petersen
Grapple Loaders. Call us for any of your rental needs.

Thank you for your consideration.

Nick Causey| 904.537.8799 | [email protected]

Page 120 of 220
City Council Regular - June 8, 2021 - 6:30 PM

Product Description

• 10 Cubic Yard Hopper, right and left side brooms, sweeper is powder coated white
with powder coated gray undercarriage and includes the standard features listed
below

Standard Features

• Alternator, 160 amp

• Backup Alarm, Federal Signal electric
• Blower, Steel with rubber lined housing
• Brooms, hydraulic rotation
• Brooms, Dual with side broom lights for night operation
• Broom Measurement Ruler
• Console, w/rocker switches for all sweep functions, with full gauge package
including tachometer, engine hour meter, oil pressure indicator, coolant
temperature, voltmeter and fuel lever indicator, water level gauge and warning lights
for hopper pressure controls and manual reset circuit breakers
• Doors, access fiberglass doors provide easy service and maintenance on auxiliary
engine, hydraulic and electrical system
• Electronic Throttle, sweep resume/sweep transport/reverse pick-up
• Hopper rear door hydraulically opened/closed and locked/unlocked with external
controls.
• In-Cab Hopper Dump
• LED Clearance Lights
• Lights, rear clearance and rear identification
• Sweeper operator’s manual
• Sweeper parts manual
• Suction Nozzles pick-up area 174 square inch with 32-inch suction nozzle
• Spray nozzles, seven (7) in the suction nozzle, three (3) at each side broom, (4) in
the extension broom
• Sweep resume
• Hydraulic Oil Cooler
• Water tanks, Rust proof polyethylene, 335-gallon total capacity
• Sweeper Painted Standard White
• Chassis Painted Standard White
• Red Logo
• 1 Year Parts and Labor Warranty

Nick Causey| 904.537.8799 | [email protected]

Page 121 of 220
City Council Regular - June 8, 2021 - 6:30 PM

Additional Features

• Variable Speed - Dual Sidebrooms

• Auto Shutter Right Hand
• Auto Shutter Left Hand
• Right Hand Inspection Door with Step and Handle
• Hydraulic Heavy Duty Wandering Hose
• (2) 4 Ft. Aluminum Wandering Hose Extension Rear Mounted
• Hose, hydrant fill, 25" with coupling
• Front Spray Bar
• Hopper Deluge
• Idle Down / No Water
• Rear Beacon & LED Arrow stick
• Dual Rear LED Flood Lights
• Hydrant Wrench
• 2.5 Lb. Fire Extinguisher
• Automatic Lubrication System
• Auxiliary Hydraulic System

Chassis Options

• Current Model Freightliner M2 Chassis

• Heated Remote Controlled Mirrors w/ 12” Convex Inserts
• AM/FM/CD/Bluetooth Radio
• LED Stop/Tail/Turn
• Dual Electric Horns

Sourcewell Contract # 122017-FSC-1 Price Each: $311,733.00

X 2 Units: $623,466.00
Minus Trade-In Units MV41167 & MV41168: -$174,586.00
FINAL PURCHASE PRICE: $448,880.00

Four (4) Year annual Lease Payment with Maintenance Included: $110,110.23
***Please see attached Lease Quote from Leasing 2 for detailed quote.

Please don’t hesitate to call with questions, or if you need any additional information. Thank you
for your interest and the opportunity to earn your business.

Nick Causey| 904.537.8799 | [email protected]

Page 122 of 220
City Council Regular - June 8, 2021 - 6:30 PM

SINGLE-ENGINE 4 WHEEL VACUUM SWEEPER

Searching for a solution that eliminates maintaining and servicing an auxiliary engine on a
vacuum sweeper? Elgin® Sweeper Company has the answer. The Whirlwind1 eliminates all
things associated with a diesel auxiliary engine, providing value to customers that extends

W h i r l w i n d 1® S i n g l e - E n g i n e 4 W h e e l V a c u u m S w e e p e r
beyond having one less engine. Elgin Sweeper single-engine technology has undergone years
of customer focused testing and validation; ensuring a design that exceeds expectations!

ELIMINATES:
• Maintaining two engines
• Complex aftertreament system, and maintenance
• Untimely auxiliary engine regenerations
• Cost exposure resulting from “missed” auxiliary engine regenerations
• Cumbersome belt tensioning systems
• Auxiliary engine noise and vibration

CUSTOMER FEEDBACK:
• Increases productivity
• Easy to use and learn; single push-button on-the-fly operation
• Quiet operation
• Reduces daily checks

EXHAUSTIVELY PROVEN OVER:

Years of testing and validation, with
thousands of miles and hours in
operation, and customers
market driven feedback to
ensure a design that
exceeds expectations.

Page 123 of 220

 SWEEP
City Council SYSTEM
Regular - SINGLE-ENGINE
- June 8, 2021 - 6:30 PM
VARIABLE SPEED DEVICE (VSD) SINGLE-ENGINE SYSTEM ELECTRICAL SYSTEM
Replaces auxiliary engine; installed Make Variable Speed Device Chassis Battery Rating 12 volt
between the chassis engine and the Type Planetary Gearbox Design Sweeper Battery Rating 1000CCA
Allison transmission Horsepower 240 (179 kW) approved Chassis Engine Alternator 160 amperes
input rating Lights Side broom, rear clearance,
“Road Mode” VSD produces 1:1 speed Torque 560 ft-lb approved input rating rear identification
ratio between chassis and transmission Air Cleaner Dual safety element dry type Reversing Safety Electric back-up alarm,
“Work Mode” VSD allows chassis Alarm For low hyd. oil / high hyd. temp sweep components raise automatically
accelerator pedal to control input to Wiring Harnesses Color coded, function
transmission and engine speed CHASSIS ENGINE stamped and labeled every 4 in (100 mm
Make Cummins ISB 6.7 or equivalent
remains constant - fan speed
Type in-Line 6 cylinder, turbocharged diesel INSTRUMENTATION / CONTROLS
is adjustable Rocker switches in central console gauges:
Displacement 409 cu. In. (6.7 L)
W h i r l w i n d 1® S i n g l e - E n g i n e 4 W h e e l V a c u u m S w e e p e r

- Singular in-cab push button control Blower tachometer, hour meter, fuel,
- No parking brake requirement Horsepower 200 (150 kW) @ 2400 RPM
Torque 520 ft-lbs (708 Nm) @ 1600 RPM voltmeter, coolant temperature, spray
- No complex EPA off-highway water level gauge, hopper up, hopper
aftertreatment system Fuel Tank Capacity 50 gal (189 L)
rear door open, full load indicator
Memory Sweep Sweep resume feature
VSD Mounted Oil Level Sight Gauge
SWEEP SYSTEM – COMPONENTS
GENERAL SPECIFICATIONS Mounting Free floating trailing arm HYDRAULIC SYSTEM
SWEEPING PATH Motion Pneumatically inward/outward, Purpose Powers hydraulic motors on
(with 36 in side broom): raised/lowered side brooms, blower fan, and activates
Suction nozzle only 32 in. (813 mm) Tilt Adjustment Inward/outward, hopper dump cycle
Suction nozzle & one side broom forward/backward Hydraulic Blower Pump variable - piston
53 in. (1346 mm) Digging Pressure/Wear Control type - with 4.2 cu-in (68.8 cc) /rev rating
Suction nozzle & extension broom Pneumatic in cab Hydraulic Sweeper Pump gear driven
85 in. (2159 mm) Type Segment set disposable with capacity of 32.2 GPM (121.9 LPM)
Suction nozzle, extension, & Material Tempered steel wire @ 3400 RPM; sweeper brooms, and
one side broom 106 in. (2692 mm) hopper dump functions
Dual suction nozzles, side brooms & EXTENSION BROOM Reservoir Capacity 23 gal (87 L)
extension broom 144 in. (3658 mm) Diameter 16 in (406 mm) Filter Sweeper Functions System 10
Length 60 in (1524 mm) micron spin-on type filter, twin suction
BLOWER Speed Constant strainers 100 mesh. Cooler hydraulic
Drive Direct Jaw-type coupling with Drive Hydraulic motor, protected by system accessible without raising hopper.
hydraulic 2.87 cu-in (47 cc displacement relief valve Filter Blower System 6 micron canister type
bent axis motor Digging Pressure/Wear Control Filter Reservoir Vent 10 micron spin-on
Blower Construction Hardox brand steel Pneumatic outside cab type breather
Blower Housing 10 gauge (3.4 mm) Lift Control Pneumatic from control panel
steel, rubber-lined for extended wear Type Polypropylene prefab, disposable SPRAY WATER SYSTEM
Location Center of sweeper Water Tank Construction Dual
VACUUM NOZZLE AND HOSES polyethylene, removable
Nozzle Width 32 in (813 mm) DEBRIS HOPPER Water System Capacity 335 gal
Pickup Area 174 in (1119 cm )
2 2 Volumetric Capacity 8.0 yd (6.0 m )
3 3
(1268 L) standard
Construction Abrasion resistant Floor Angle 10° Pump Type Twin diaphragm with
steel components Dump Angle 50° run-dry capability with HI and LO
Hose Connection Quick disconnect Construction 10 gauge ( 3.4 mm) steel sides selectable pump speeds
type at lower area near vacuum nozzle and top, 1/4” gauge (6.4 mm) steel floor System Flow 8 GPM (30 LPM)
Hose Construction Flexible rubber, Lifting Double acting hydraulic cylinder (2 - 4 GPM Pumps)
steel reinforced Hopper Dump Door Hydraulic open/ System Pressure 40 PSI (2.8 bar)
Hose 11 in (280 mm) inside diameter close and lock/unlock Spray Nozzles (Quick Disconnect Type)
Full Load Indicator Weight actuated
SIDE BROOM with in-cab warning light
- 7 inside each suction nozzle
Diameter - 4 at extension broom
Hopper Screens Hinged, quick release, steel - 3 at each side broom (36” broom)
28 in (711 mm) WB Chassis Specific Safety Prop Steel bar under body and Controls On/off at control panel
36 in (914 mm) WB Chassis Specific outside rear door
Construction Steel plate Filter 100 mesh, cleanable
Hopper Dumping Controls Anti-Siphon Fill Standard
Speed Constant Push button on right side of unit
Drive Hydraulic motor, protected by Hydrant Fill Hose 16 ft 8 in (5080 mm)
In-Cab Dumping Controls Standard with coupling
relief valve
AVAILABLE ENHANCEMENTS PAINT CHASSIS WARRANTY
• Front spray bar • Hopper deluge Powder Coated, Available on Sweeper
• Aux. lighting packages washout system Standard Elgin white commercial cab-over 1 year parts and labor
• In-cab side broom tilt • Auto-shutter and gray and conventional, VSD
• Variable broom speed • High/low pressure consult factory 3 year parts and labor
• Auxiliary hydraulic system washdown
• Wandering hose 8 in • Auxiliary water tank Your Elgin Dealer is:
(203 mm) diameter capacities
• Auto lubrication system • PM-10 water system
• LifeLiner® Hopper System • Quiet PakTM acoustical 1300 W. Bartlett Rd.
• Stainless steel hopper insulation on front cowling Elgin, Illinois, U.S.A. 60120
• Hopper inspection door(s) and access doors Phone 847-741-5370
elginsweeper.com
• Hopper drain • Extended warranty
Effective 9/20
© 2020 Elgin Sweeper Company. Federal Signal Corporation is P/N 0705433-A
Page 124 of 220 listed on the NYSE by the symbol FSS Specifications subject to
change without notice.
City Council Regular - June 8, 2021 - 6:30 PM

WHIRLWIND1
®

Improved Operator Experience • Ease of Maintenance • Saves Time/Cost

Page 125 of 220
 City Council Regular - June 8, 2021 - 6:30 PM

PROVEN SINGLE-ENGINE VACUUM SWEEPER

Searching for a solution that eliminates maintaining and servicing an auxiliary engine on a
pure vacuum sweeper? Elgin® Sweeper Company has the answer. The Whirlwind1® eliminates
all things associated with a diesel auxiliary engine, providing value to customers that extends
beyond having one less engine. The Elgin Sweeper single-engine technology has undergone
years of customer focused testing and validation; ensuring a design that exceeds expectations!

APPLICATION POWERFUL UNMATCHED

SOLUTIONS S U P P O R T Q U A L I T Y

Elgin Sweeper doesn’t offer just Elgin Sweepers are built for The Whirlwind was introduced
one sweeping technology –– clean, backed for life. Throughout over 40 years ago and has been
we take an application-based the life of the sweeper, we offer continuously improved - Now
approach to solving our customers’ team training on proper use and sold with a single-engine design.
sweeping needs. Our team works maintenance. We have a world- Manufactured in an ISO:9001
with every customer to ensure wide network of experienced certified plant, Elgin’s are quality
they get a machine that fits their dealers with factory trained inspected and functionally tested
specifications, with the right technicians and a local stock of prior to shipment. Paint prior to
truck, engine configuration, fuel OEM parts and accessories, to assembly ensures uniform, durable
requirements, and options. ensure total customer peace coverage. Whirlwinds are proudly
of mind. assembled in the U.S.A.

1 Page 126 of 220

City Council Regular - June 8, 2021 - 6:30 PM

VARIABLE SPEED DEVICE

(VSD) TECHNOLOGY

The Whirlwind1 single-engine

provides a simple solution; a
single push-button operation.
This procedure incorporates a
Variable Speed Device (VSD) –
a planetary gearbox – located
between the chassis engine and
the Allison transmission. The
VSD has two modes of operation;
road mode and work mode.

The VSD replaces the diesel auxiliary engine,

eliminates a complex aftertreatment system,
and untimely regenerations. It’s simple to
operate, and carries a three year warranty.

SCAN to view our VSD animation Singular

or visit elginsweeper.com Push-Button
Technology
The Whirlwind1 does not require
engaging the park brake before
shifting into work or road modes.
Shift-on-the-fly design provides
unmatched ease of operation;
combined with increased
Chassis Allison
Transmission
productivity.
Engine
Variable Speed
Device (VSD)

Road Mode:
When the VSD is in road mode, the chassis operates
normally. The accelerator pedal controls the chassis
engine speed and the transmission shifts normally.

Work Mode:
When the VSD is in work mode, the chassis accelerator now controls
only the input speed to the transmission, not the chassis engine speed.

Page 127 of 220 2

 City Council Regular - June 8, 2021 - 6:30 PM
SUPERIOR SINGLE-ENGINE VACUUM SWEEPER

High Productivity Powerful Blower

Suction Nozzle(s) The Whirlwind1 features a
A single or dual 32 in (813 mm) nine-vane closed face turbine
abrasion-resistant suction nozzles blower. Vanes are constructed
are available. Each nozzle covers from Hardox® brand steel for
174 in2 (1123 cm2) and extends durability.
15 in (381 mm) beyond the
tire’s track for increased Resilient Housing
performance closer to the Replaceable urethane liners
curb. The 11 in (279 mm) inside blower housing extends
diameter suction service life.
hose accepts large
debris. The suction
nozzle rides on two
heavy-duty pivoting
caster wheels allowing it to
track, staying in the path of the
debris and following road contours. The
suction nozzles are equipped with a front-mounted
shutter that allows easy entry of larger/bulky objects
and large quantities of leaves.
Flexible Design
The Whirlwind1 mounts on a conventional or cab- High Capacity/
over chassis, respectively offering maneuverability, Efficient Loading
visibility, ease of entry and egress. Elgin’s standard The 8 cu. yard (6 m3) capacity hopper provides
auto pickup-in-reverse feature protects the sweep extended sweeping time. Abrasion-resistant steel
components while allowing quick change of inlet deflector directs debris flow to the center of
sweeping locations. the hopper for maximum capacity utilization.
Drop down hopper screens make the
Hydrostatically
Whirlwind1 easy to clean.
Driven Blower
Eliminates frequent tensioning of
a belt driven blower. Vibration
and noise from belt slippage
is avoided. Added cost and
maintenance of a fluid
coupler is avoided.

3 Page 128 of 220

City Council Regular - June 8, 2021 - 6:30 PM

Simple, Easy - Maintenance Access

The Whirlwind1 is designed so that systems are
accessible and easy to service. The hydraulic
system with o-ring face seal (ORFS) fittings is
designed for long life and leak-free operation.
Heavy-duty, waterproof electrical connectors,
and color-coded wires are functionally stamped
for quick identification and trouble shooting.
Ergonomic Controls
The Whirlwind1’s centrally-mounted console
features rocker switches for all sweep functions
and complete gauges (fuel level, fan hour meter,
fan RPM) for quick review of system conditions.
A backup camera and alarm are standard for
increased operational awareness and safety.
Effective Windrow Extension Broom
The 60 in (1524 mm) hydraulically-driven
extension broom operates at an 18 degree
auger angle, directing the debris into the path
of the nozzle. The broom can pivot for
left or right side sweeping.
Unique Trailing Arm Side Brooms
Elgin’s trailing arm design provides inward motion
to avoid obstacles. Standard parallelogram linkage
allows side brooms to closely follow road contours,
and maintain a consistent broom tilt (angle) with the
road surface. Digging pressure is adjustable in-cab.
Brooms can be extended outward for maximum
sweep path.
Superior Dust Suppression
The durable 335 gal. (1268 L) polyethylene dual
water tanks provide ample water capacity. Water
is delivered using two run-dry water pumps;
distributed through quick-to-clean water nozzles.
High/low in-cab selectable pump speeds allow
adjustment by application.

Elgin’s Memory Sweep® system allows the operator to resume

all previous sweep settings, even broom tilt (if so equipped),
with one touch control. Memory Sweep incorporates a multi-
screen display that indicates system diagnostics, as well as
®
optional features such as broom tilt angle, and broom hours.

Page 129 of 220 4

 City Council Regular - June 8, 2021 - 6:30 PM
POWERFUL CLEANING SYSTEM

Highly Efficient Air Conveyance System

Efficient air flow, including a superior vacuum source
and air routing path, is at the heart of the Whirlwind1.
• High volume air flow at high velocity results in exceptional
one-pass pickup while eliminating plugging that can occur
in similar type sweepers.
• A hydrostatically driven nine-vane closed face turbine fan
provides maximum airflow

High Productivity Sweep System

The Whirlwind1’s versatile sweep path picks up
debris close to the curb and across the widest
expanse of road in its class.
• The sweep system includes one or two suction nozzles,
trailing arm side brooms, and a centrally-mounted
extension broom.
• You can choose 28 in (711 mm) or 36 in (914 mm)
diameter trailing arm side brooms that can be operated
individually or simultaneously for a sweep path of up to
144 in (3658 mm)*.
• Choose between single or dual 32 in (813 mm) welded-
steel suction nozzles that can be operated individually or
simultaneously.
• The 11 in (279 mm) diameter suction hose accepts large
debris. Quick disconnect allows an operator to inspect
and clean the hose intake without raising the hopper.
*With 36 in side brooms

Specifications:
Sweep System Chassis Travel Speed
- High performance vacuum sweeper - Choice of conventional or - Highway speeds
cab-over chassis
Sweep path*
- One suction nozzle,one side broom,
and extension broom: 95 in (2413 mm)
- Dual suction nozzles, two sidebroom
and extension broom: 144 in (3658 mm)
Nozzle
- Single 32 in (813 mm) abrasion-
resistant suction nozzle (dual 126 in.
nozzles available)
- Pick-up area: 174 in2 (1123 cm2)
Extension beyond tire track:
15 in (381 mm)
Variable Speed Device (VSD)
- Installed between the chassis engine
and the Allison transmission;
eliminates auxiliary engine Singular 176 in.
in-cab push button control 271 in.

5 Page 130 of 220

City Council Regular - June 8, 2021 - 6:30 PM
POPULAR ENHANCEMENTS

Wandering Hose LifeLiner® Hopper System Stainless Steel Hopper System

The versatile, hydraulic-assist hose The LifeLiner hopper liner and This complete hopper body is
gets into hard to reach places and is finish system greatly improves constructed entirely of 304 grade
effective in catch basin cleaning. It the life, durability, and dumping stainless steel to provide maximum
handles multiple tubes for especially functionality of a sweeper hopper. service life, even in the most
deep catch basin cleaning. It is backed by a lifetime warranty*. corrosive applications. It is backed
by a lifetime warranty.*

ADDITIONAL ENHANCEMENTS:
• Variable broom speed • Automatic lubrication system • PM-10 compliant
• Auto nozzle shutter • Hopper deluge • Quiet Pak™ Acoustical insulation
• Front spray bar • Auxiliary hydraulic pump • Additional water:
• R or L inspection doors • High/low pressure washdown 140 gal (530 L) or 360 gal (1363 L)

• Rear flood light(s) LED • In-cab side broom tilt

• Rotating beacon/strobe light LED • Utility cover lifter

Catch Basin Cleaning Permeable Pavement

The combination Elgin Whirlwind1 sweeper with The Whirlwind1’s incredible vacuum is able to pull out
wandering hose option provides a cost-effective tool embedded debris that plugs drainage paths.
to facilitate storm water management.

Visit elginsweeper.com/whirlwind1 for application-specific configurations.

*Consult factory for warranty details

Page 131 of 220 6
City Council Regular - June 8, 2021 - 6:30 PM

Because with one,

you get a whole lot MORE!
• Greater Sweeping Productivity
• Improved Operator Efficiency
• Quieter Operation
• Lower Maintenance Costs
• Reduced Emissions

Your local Elgin Dealer is:

elginsweeper.com
Phone (847) 741-5370 • Fax (847) 742-3035
1300 W. Bartlett Road, Elgin, IL 60120 U.S.A.
WARRANTY Specifications subject to change without notice. Some items shown may be optional.
Elgin Sweeper Company backs the Whirlwind1 sweeper with a one-year limited warranty. Elgin® EcoInfused® LifeLiner® Memory Sweep® and Whirlwind1® are registered
The Whirlwind1 is warranted against defects in material or workmanship for a period of 12 trademarks of Federal Signal Corporation. Hardox® is a registered trademark of Hardox
months from the date of delivery to the original purchaser. Optional extended warranty wear plate. Federal Signal Corporation is listed on the NYSE by the symbol FSS.
Page 132 of 220
packages are available. Consult your Elgin dealer for complete warranty information. © 2020 Elgin Sweeper Company. Effective 1/20 P/N 0705432-A
 City of Titusville, Florida
Budget Amendment/Transfer Form

Budget
Amendment
/Budget
Source of Account Project
Transfer
Funds: Number Number Description Amount

FY2021
Budget
404-0000-383.10-10 Install Purchase Proceeds $ 448,880 Amendment
Budget
Amendment
Budget
$ - Amendment
Budget
$ - Amendment

Total Source of Funds $ 448,880

Use of
Funds:

FY2021
Budget
404-5555-564.64-20-Z020XX Z02136 Streetsweepers (2) $ 448,880 Amendment
Budget
$ - Amendment
Budget
$ - Amendment
Budget
$ - Amendment

Total Use of Funds $ 448,880

NOTE: Add funds from lease proceeds to fund streetsweeper lease.

Input Name: Budget Office Approval:

Input Date: Budget Office Approval Date:
Group/BA#: Post Date:

Page 133 of 220

City Council Regular - June 8, 2021 - 6:30 PM

Category: 9.
Item: A.
City of Titusville

To: The Honorable Mayor and City Council

From: William S. Larese, City Manager
Subject: Ordinance No. 12-2021 Relating to Temporary Offices in Industrial
Zoning
Department/Office: Community Development

Recommended Action:
Conduct the second public hearing for Ordinance No. 12-2021 amending Chapter 28 “Zoning” of
the Land Development Regulations to allow temporary offices as an accessory use in Industrial
zoning classifications and specifying standards; specifically amending Section 28-342 “Accessory
use table” and creating Section 28-374 “Temporary offices”; providing for severability; repeal of
conflicting ordinances; for an effective date and for incorporation into the code.

The Planning and Zoning Commission considered this ordinance on June 2, 2021 and
recommended approval as written with the following recommended changes: under (c)
(1)b. the administrator may approve the two (2) months extension and City Council
may provide additional extensions after the initial two (2) month extension. Also add to
Subsection h. temporary pervious parking may be approved during site plan process
of site permits by the Administrator. The motion carried with a 7-0 vote.

Summary Explanation & Background:

On May 11, 2021, at the request of a citizen, the City Council approved advisability to develop
an ordinance to permit temporary offices in industrial zoning.

The draft ordinance addresses the following issues related to temporary offices:
Minimum lot size;
Maximum number of units at one time per property;
Maximum time duration of placement;
Location standards; and
Permitting requirements

During the Council discussion on May 25, 2021, the following issues were discussed: minimum
lot size (1 acre versus 5 acres), length of time the offices could be placed in a calendar year,
setbacks, zoning districts in which the offices would be permitted, maximum lot coverage, and
approve of time extensions by either the City Council or Administrator. Staff proposed changes
to the ordinance reviewed by Council on May 25, 2021 are highlighted.

Page 134 of 220

City Council Regular - June 8, 2021 - 6:30 PM
Alternatives:
1. Adopt the ordinance as written.
2. Adopt the ordinance with changes.
3. Do not adopt the ordinance.

Item Budgeted:

Source/use of funds/Budget Book Page:

Strategic Plan:
No. 1 – Quality of LifeNo. 4 – Economic Development

Strategic Plan Impact:

ATTACHMENTS:
Description Upload Date Type
Ordinance No. 12-2021 6/2/2021 Backup Material
PID Properties 6/1/2021 Backup Material
PID Over 5 Acres 6/1/2021 Backup Material
Map - Industrial Min 5 Acres 6/1/2021 Backup Material
Industrial PID Min 5 Acres 6/1/2021 Backup Material
Ad 1 of 2 prior to first and second final 6/1/2021 Backup Material
hearing
Ad 2 of 2 prior to second and final public 6/1/2021 Backup Material
hearing

Page 135 of 220

City Council Regular - June 8, 2021 - 6:30 PM
ORDINANCE NO. 12-2021

AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING

CHAPTER 28 “ZONING” OF THE LAND DEVELOPMENT REGULATIONS TO
ALLOW TEMPORARY OFFICES AS AN ACCESSORY USE IN INDUSTRIAL
ZONING CLASSIFICATIONS AND SPECIFYING STANDARDS;
SPECIFICALLY AMENDING SECTION 28-342 “ACCESSORY USE TABLE”
AND CREATING SECTION 28-374 “TEMPORARY OFFICES”; PROVIDING
FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCES; FOR AN
EFFECTIVE DATE AND FOR INCORPORATION INTO THE CODE.
WHEREAS, industrial uses are an integral component of the economy of Titusville and
Brevard County; and

WHEREAS, the nature of some industries is such that temporary office space is
necessary for short durations; and

WHEREAS, the Titusville City Council desires to increase flexibility for industrial uses,
especially those who support the aerospace sector within the City; and

WHEREAS, it is the intent of this ordinance to amend the existing Code to provide
flexibility to support the City’s industrial economic base while protecting the health, safety and
welfare of the community.

NOW, THEREFORE, BE IT ENACTED by the City of Titusville, Florida

SECTION 1. That Chapter 28 “Zoning”, Article VII, “Accessory Use Table”, Section 28-
342 “ Accessory Use Table” of the Code of Ordinances, City of Titusville is hereby amended to
reads as follows:

Sec. 28-342. – Accessory Use Table.

Accessory Structures
June 2, 2021 Page 1 of 6
Page 136 of 220
City Council Regular - June 8, 2021 - 6:30 PM

Sec. 28-342. - Accessory Use Table.

Agriculture and Public Residential Districts Commercial Districts Industrial Districts Mixed-Use Standards

Permitted Principal Use GU OR P RE RR R1A R1B R1C R-2 R-3 RMH-1 RMH-2 RHP HM T NC CC RC OP M-1 M-2 M-3 PID DMU UMU SMU RMU UV IRCN

See Noted Section for Use Specific Standards

Key: P = Permitted; L = Permitted subject to limitations; C = Condition; T = Temporary Use; Blank Cell = Use Prohibited Downtown Uptown Midtown Civic Waterfront 100 200 300 400 500 C R

Accessory dwelling unit L L L L L L L L L L L L L L L L L 28-351

Arbor L L L L L L L L L L L L L L L L L 28-352

Attached screen porch P P P P P P P P P P P P P P P P P P P P 28-353

Automatic teller machine (ATM) L L L L L L L C L L L L L L 28-354

Automatic vending and transaction machines L L L L L L L C L L L L L L 28-355

Clubhouse L L L L L L L L L L L L L L 28-356

Detached accessory building/structure P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P 28-357

Dock P P P P P P P 28-358

Dormitory (as accessory to education use) P P P P P 28-359

Home based business L L L L L L L L L L L L L L L L L L L L L L L 28-360

Outdoor areas of seating L L L L L L L L L L L L L L L L 28-361

Outdoor display of merchandise L L L L L LC L L L 28-363

Outdoor storage (as an accessory use) L L 28-364

Parking or storage of motor vehicles, recreational vehicles, boats, airboats, or trailers in residential districts L L L L L L L L L L L L L L L L L 28-365

Real estate office T T T T T T T T T 28-366

Recreation court P P P P P P P P P P P P P P P P P P P P P P 28-367

Temporary Office Ordinance

June 2, 2021
Page 2 of 6

Page 137 of 220

City Council Regular - June 8, 2021 - 6:30 PM

Residential generator L L L L L L L L L L L L L L L L L L L L L 28-367.1

Retail sales (as accessory use) L L L L L 28-368

Security dwelling unit L L L L 28-369

Screened enclosures with screened roof P P P P P P P P P P P P P P P P P P P P P 28-370

Skateboard ramp L L L L L L L L L 28-371

Swimming pool or spa or hot tub P P P P P P P P P P P P P P P P P P P P P P P P 28-372

Temporary offices T 28-374

Temporary storage units T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T 28-373

Temporary Office Ordinance

June 2, 2021
Page 3 of 6

Page 138 of 220

City Council Regular - June 8, 2021 - 6:30 PM

SECTION 2. That the Code of Ordinances, City of Titusville is hereby amended by

adding a section, to be numbered Chapter 28 “Zoning”, Article VIII “Accessory Use Standards”,
Section 28-374 “Temporary offices”, which section reads as follows:

Sec. 28-374. Temporary offices.

(a) Districts where permitted.
RE RR R- R-1B R-1C R-2 R-3 RMH-1 RMH-2 RHP
1A

HM T NC CC RC OP M-1 M-2 M-3 PID

T
GU OR P DMU UMU SMU RMU UV IRCN
D U M C 100 200 300 400 500 C R

(b) Definition. "Temporary offices:" Transportable units designed and used for temporary
offices for use on a limited duration on industrial properties. This definition does not include
storage units authorized by the Florida Building Code pursuant to Section 553.73, Florida
Statutes. Truck bodies, shipping containers (except as described below), mobile homes,
and semi-trailers are prohibited.
(c) Standards for temporary accessory uses.
(1) Temporary offices units are permitted as accessory to an existing building
provided the following criteria are met:
a. The minimum lot size required for the placement of temporary offices is one
(1) acre. The building coverage maximum shall not exceed seventy (70)
percent of the total lot area.
b. No more than two (2) temporary office units are permitted per property at any
given time. The total amount of time temporary office units shall be placed on
a property is (6) months in any calendar year. The (Administrator) (City
Council) may extend the time limit for an additional two (2) months when the
temporary structure is found in compliance with this section as evidenced by
review of any outstanding code enforcement actions, and an extension is
submitted because the office is required for continuity of operations.
c. At a minimum, a Class I site plan shall be required to be submitted and
approved.
d. The temporary office shall not be placed in any right-of-way or easement and
shall not create a sight obstruction for any vehicular or pedestrian traffic.
e. The temporary office shall not be utilized as a dwelling or for the storage of
live animals, hazardous or flammable materials.
Accessory Structures
June 2, 2021 Page 4 of 6
Page 139 of 220
City Council Regular - June 8, 2021 - 6:30 PM
f. Each temporary office unit shall be identified by individual number or letter
clearly visible from the exterior of the structure. Per Section 553.37, Florida
Statutes, manufactured closed construction shall have a DBPR insignia and
manufacturers data plate on the exterior of the unit.
g. The exterior of the temporary office unit shall be maintained in good repair,
structurally sound and sanitary. Peeling, flaking and chipped paint shall be
prohibited.
h. Temporary office units shall not be located on required parking spaces,
stormwater facility or impede driveway access points, ADA parking bays or
accessible paths. Structures shall be placed in a manner that maintains
ingress/egress paths..
i. No removal of trees or required landscaping shall be permitted in order to
locate a temporary office.
j. The provisions of this code does not waive the requirements of the Florida
Building Code, ADA regulations, Florida Fire Prevention Code, and NFPA
standards. The provisions of the City’s land development regulations are not
waived except as contained in this code section.
k. Setbacks for temporary offices shall be governed by Section 28-393,
Accessory buildings and structures.
l. The building landscaping standards prescribed in Chapter 30, Subdivision 5,
Building landscaping, shall not be required unless required by City Council.
m. Termination: At the end of the period for which the temporary office was
permitted, all temporary structures shall be removed.
n. Any person who violates this article shall upon conviction be punished as
provided in Section 1-15, "General penalty; continuing violations." Each day
the violation exists shall constitute a separate violation for the purposes of this
article and shall be punishable as such and/or said violation may be
processed as a code violation pursuant to F.S. Ch. 162 and the Municipal
Code Enforcement Board.

(2) Exemptions. The above regulations shall not apply to temporary storage units that
are placed for construction purposes (truck bodies, shipping containers, and semi-
trailers are prohibited from use as construction offices on project sites) in
connection with a valid building permit or during any period of declared emergency
by federal, state or local official action.

SECTION 3. SEVERABILITY. If any provisions of this Ordinance are for any reason
held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.

SECTION 4. REPEAL OF CONFLICTING ORDINANCES. All ordinances or parts of

ordinances, and all resolutions and parts of resolutions, in conflict herewith are hereby repealed
to the extent of such conflict.

Temporary Office Ordinance

June 2, 2021
Page 5 of 6

Page 140 of 220

City Council Regular - June 8, 2021 - 6:30 PM
SECTION 5. EFFECTIVE DATE. This Ordinance shall be become in full force and
effect upon adoption by the City Council in accordance with the Charter of the City of Titusville,
Florida.

SECTION 6. INCORPORATION INTO THE CODE. This ordinance shall be

incorporated into the City of Titusville Code of Ordinances 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 Code may be made.

PASSED AND ADOPTED this 8th day of June, 2021.

________________________
Daniel E. Diesel, Mayor
ATTEST:
_________________________
Wanda F. Wells, City Clerk

Temporary Office Ordinance

June 2, 2021
Page 6 of 6

Page 141 of 220

 ALL PLANNED INDUSTRIAL DEVELOPMENT

NH
IG H
WA
ZONED PROPERTIES

Y1
DAIRY RD
RD
GE
RAN
LA G

N
NG

SI
L ETON

AV
N CARPENTER RD

AV
D
OO
ND
IXI E AV RW N WASHINGTON AV
NO

N PA
ER

LEON AV

V
INS A
EW Y

N DE
RK AV
BR PKW
AX L
A M RIA

PK
GARDEN ST O

N HO
ME M

S DIXIE AV
CA
S

RP
EN
TER
R
D

SOUTH ST
S S I N G LE T O
N

PRIMARY ROAD
S DE LEON AV
AV

CITY LIMITS
PARCEL
SW
City Council Regular - June 8, 2021 - 6:30 PM ASH WATER BODY
ING
TO

PID ZONED PROPERTIES

N
AV
SH
OPKINS
AV

FOX LAKE RD HARRISON ST

S PARK AV

KNOX MC RAE DR

CHENEY HWY

HIGHWAY 50

V
AA
RN
BA
RD
N

SO
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COLUMBIA BLVD
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KW
P
AL
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MO
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I9
5H

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W

EN
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L
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GR
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OM
PK
WY

0 0.25 0.5 1 Miles

SH

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NH
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COMPLETELY OR PARTIALLY WITHIN

Y1
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(PID) ZONING

DAIRY RD
RD
GE
RAN
LA G

N
NG

SI
L ETON

AV
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AV
D
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ND
IXI E AV RW N WASHINGTON AV
NO

N PA
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V
INS A
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BR PKW
AX L
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PK
GARDEN ST O

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CA
S

RP
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SOUTH ST
S S I N G LE T O
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PRIMARY ROAD
AV

CITY LIMITS
PARCEL

SW
WATER BODY
City Council Regular - June 8, 2021 - 6:30 PM ASH
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TO
N
PARCEL => 5 ACRES WITH PID
AV
SH
OPKINS
AV

FOX LAKE RD HARRISON ST

S PARK AV

KNOX MC RAE DR

CHENEY HWY

HIGHWAY 50

V
AA
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N

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MO
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NH
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COMPLETELY OR PARTIALLY WITHIN

Y1
INDUSTRIAL (M-1, M-2, M-3) ZONING

DAIRY RD
RD
GE
RAN
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AV
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AV
D
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ND
IXI E AV RW N WASHINGTON AV
NO

N PA
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LEON AV

V
INS A
EW Y

N DE
RK AV
BR PKW
AX L
A M RIA

PK
GARDEN ST O

N HO
ME M

S DIXIE AV
CA
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RP
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TER
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S DE LEON AV
PRIMARY ROAD
AV

PARCEL => 5 ACRES IN M-1, M-2, M-3

CITY LIMITS
PARCEL
SW
ASH
M-1, M-2, M-3 ZONING
City Council Regular - June 8, 2021 - 6:30 PM ING
TO WATER BODY
N
AV
SH
OPKINS
AV

FOX LAKE RD HARRISON ST

S PARK AV

KNOX MC RAE DR

CHENEY HWY

HIGHWAY 50

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N

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NH
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COMPLETELY OR PARTIALLY WITHIN

Y1
PLANNED INDUSTRIAL DEVELOPMENT (PID)
AND INDUSTRIAL (M-1, M-2, M-3) ZONING

DAIRY RD
RD
GE
RAN
LA G

N
NG

SI
L ETON

AV
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AV
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IXI E AV RW N WASHINGTON AV
NO

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BR PKW
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S DE LEON AV
AV

PRIMARY ROAD
PARCEL => 5 ACRES IN M-1, M-2, M-3
CITY LIMITS
PARCEL
SW
ASH
M-1, M-2, M-3 ZONING
City Council Regular - June 8, 2021 - 6:30 PM ING
TO
N
AV
WATER BODY
PID ZONING
SH

PARCEL => 5 ACRES WITH PID

OPKINS
AV

FOX LAKE RD HARRISON ST

S PARK AV

KNOX MC RAE DR

CHENEY HWY

HIGHWAY 50

V
AA
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 C
CITYOF TITUSVILLE
City Council Regular - June 8, 2021 - 6:30 PM NONCE OOPUBLIC HEARINGS'
FOR PROPOSED ENACTMENT OF
TITUSVILLE CITY ORDINANCES

PLEASE TAKE NOTICE that the City of Titusville City Council will hold
public hearings to hear interested persons with regard to the following
L( y
ordinance. The first public hearing for the proposed ordinance is scheduled
for Tuesday, May 25, 2021. The second and final public hearing for the
l proposed ordinance is scheduled for Tuesday, June 8, 2021. The public
hearings will be held in the Council Chamber on the second floor of City
Hall, 555 South Washington Avenue, Titusville, Florida 32796, commencing
at 6: 30 p. m.

I. AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING

i CHAPTER 28" ZONING" OF THE LAND DEVELOPMENT. REGULATIONS
TO ALLOW TEMPORARY OFFICES AS AN ACCESSORY USE IN
INDUSTRIAL ZONING CLASSIFICATIONS AND SPECIFYING STANDARDS;
SPECIFICALLY AMENDING SECTION 28- 342" ACCESSORY USE TABLE"
AND CREATING SECTION 28- 374" TEMPORARY OFFICES"; PROVIDING
FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCES; FOR
AN EFFECTIVE DATE AND FOR INCORPORATION INTO THE CODE.

PLEASE ALSO TAKE NOTICE that the City of Titusville Planning and
Zoning Commission will hold a public hearing on Wednesday, June 2,
2021, at a meeting commencing at 6: 00 p. m., to hear interested persons
with regard to these matters for recommendation to the City Council. This
meeting and the public hearings will be held in the Council Chamber on
the second floor of City Hall, 555 South Washington Avenue, Titusville,
Florida 32796.

j
The proposed ordinance may be inspected by the public at the City of
Titusville City Clerk' s Office. All interested parties are hereby advised that
they may appear at said meetings and public hearings and be heard with
respect to said ordinance.
I

Any person who decides to appeal any decision of the Planning and
Zoning Commission or the City Council with respect to any matter being
considered at these meetings will 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.

The City desires to accommodate persons with disabilities. Accordingly,

any physically handicapped person, pursuant to Chapter 286. 26 Florida
Statutes, should, at least 48 hours prior to the meeting, submit a request
that the physically handicapped person desires to attend the meeting to
the City Clerk' s Office.

Wanda F. Wells, MMC, City Clerk, City of Titusville, 555 South Washington
Avenue, Post Office, Box 2806, Titusville, Florida 32781- 2806, Phone
321- 567- 3686, Fax 321- 383- 5704

Page 146 of 220

City Council Regular - June 8, 2021 - 6:30 PM

CITY OF TITUSVILLE
NOTICE OF PUBLIC HEARINGS
FOR PROPOSED ENACTMENT OF
TITUSVILLE CITY ORDINANCES
5) ell
PLEASE TAKE NOTICE that the CityofCouncil will hold
public hearings to hear interested persons with regard to the following
ordinance. The first public bearing for the proposed ordinance is scheduled
for Tuesday, May 25, 2021.. The secondand final public hearing for the
proposed ordinance is scheduled for Tuesday, June 8, 2021. The public
hearings will be held in Council Chamber on the second floor. of City
Hall, 5'55 South Washington Avenue, Titusville, Florida 32796, Commencing.
at 6: 30 p. m.

AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING

CHAPTER 28" ZONING" OF THE LAND' DEVELOPMENT REGULATIONS
TO ALLOW TEMPORARY OFFICES AS AN ACCESSORY USE IN
INDUSTRIAL ZONING CLASSIFICATIONS AND SPECIFYING STANDARDS;
SPECIFICALLY AMENDING SECTION 28- 342" ACCESSORY USE TABLE" •
AND CREATING SECTION 28- 374" TEMPORARY OFFICES"; PROVIDING ' •

FOR, SEVERABILITY; REPEAL OF CONFLICTING ORDINANCES; FOR

AN EFFECTIVE DATE AND FOR INCORPORATION INTO THE CODE.
j
PLEASE ALSO TAKE NOTICE that the City of Titusville Planriing and
Zoning. Commission will hold a public hearing on VVodneadayi. June 2,
2021, at a meeting commencing at 6: 00. p. M:, to hear Interested persons
with regard to these matters for recommendation tp the CityCounbil: Thi§
meeting and the public hearings will be held in the Council Chamber on
the second floor of City Hall, 555. South Washington Avenue, Titusville,
Florida 32796. . ' ,

The proposed ordinance may beinspected by the public at the City of

Titusville City Clerk' s Office. All interested parties are hereby advised that
they may appear at said meetings and public hearings and. be heard with
respect to said ordinance.

Any ' person who decides to appeal any decision, of the Planning and:
Zoning Commission:-prthe-' oity-Cquncil' with respect.to any matter bing
considered at these meetings will need to ensure that a verbatim record'
of the proceedingsis made, which record includes the testimony, and
evidence upon which the appeal is to be based.

The City dp§ ii,es- to accommodate persons with. disabilities.- Accordingly,

any physically handicapped Oerson, owrauant.to:Chariter 286 26 Florida
Statute , shouldat least 48 hours prior to•the meeting, submit a request
that the physically handicapped person desires to attend the. meeting to
the City Clerk' s Office.

Wanda F. Wells, MMC, City Clerk, City of Titusville, 555 South Washington
Avenue, Post Office, Box 2806, Titusville, Florida 3278,1- 2806s, Phone .
321- 567- 3686, Fax 321- 383- 5704
Page 147 of 220 FT- GCI0651572- 01
City Council Regular - June 8, 2021 - 6:30 PM

Category: 9.
Item: B.
City of Titusville

To: The Honorable Mayor and City Council

From: William S. Larese, City Manager
Subject: Ordinance No. 13-2021 - Impact Fee Credit Transfers
Department/Office: Planning

Recommended Action:
Conduct the second reading of Ordinance No. 13-2021 amending the Code of Ordinances
Chapter 34 “Procedures” to include provisions related to transfer of impact fee credits
consistent with State law, specifically amending Section 34-426 “Impact fee credits”; providing
for severability, repeal of conflicting ordinances, an effective date and incorporation into the
code.

The Planning and Zoning Commission considered this ordinance during their meeting on
May 19, 2021 and recommended approval as presented, 7-0.

Summary Explanation & Background:

In 2020, the Florida Legislature amended provisions of the Florida Impact Fee Act related to
impact fee credits. Section 163.31801, F. S. was amended to provide the impact fee credits
are assignable and transferable. The proposed ordinance states that impact fee credits are
assignable and transferable consistent with Florida Statutes as may be amended from time to time.

A copy of the Statute is attached for information purposes.

Alternatives:
1. Adopt the ordinance as written.
2. Adopt the ordinance with changes.
3. Do not adopt the ordinance.

Item Budgeted:

Source/use of funds/Budget Book Page:

Strategic Plan:
No. 2 – Efficient and Effective ServicesNo. 4 – Economic Development

Page 148 of 220

City Council Regular - June 8, 2021 - 6:30 PM

Strategic Plan Impact:

ATTACHMENTS:
Description Upload Date Type
Impact Fee Credit Ordinance 5/24/2021 Backup Material
Statute 5/24/2021 Backup Material
Combo Ad 6/1/2021 Backup Material

Page 149 of 220

City Council Regular - June 8, 2021 - 6:30 PM

ORDINANCE NO. XX-2021

AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA AMENDING THE
CODE OF ORDINANCES CHAPTER 34 “PROCEDURES” TO INCLUDE
PROVISIONS RELATED TO TRANSFER OF IMPACT FEE CREDITS
CONSISTENT WITH STATE LAW, SPECIFICALLY AMENDING SECTION 34-
426 “IMPACT FEE CREDITS”; PROVIDING FOR SEVERABILITY, REPEAL OF
CONFLICTING ORDINANCES, AN EFFECTIVE DATE AND INCORPORATION
INTO THE CODE.

WHEREAS, Section 163.31801, Florida Statutes has been enacted by the Florida
Legislature and is cited as the Florida Impact Fee Act; and
WHEREAS, the Titusville City Council has adopted impact fees, including provisions for
exemptions and impact fee credits; and
WHEREAS, in 2020, the Florida Legislature amended provisions of the Florida Impact
Fee Act, Florida Statutes Chapter 163.31801, related to impact fee credits and the City Council
desires to be consistent with these regulations as may be amended from time to time.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF TITUSVILLE, FLORIDA as
follows:

SECTION 1. That Chapter 34 “Procedures”, Article XIV “Fees”, Division 2, “Impact Fees”,
Section 34-426 “Impact fee credits” of the Code of Ordinances, City of Titusville is hereby
amended to read as follows:
Sec. 34-426. - Impact fee credits.

(a) The following credits shall be applied to the impact fees determined to be due under this
section:
(1) Redevelopment. In the case of a change of use, redevelopment, alteration, modification
or improvement of an existing development or structure which does not involve an
expansion of the structure, no impact fee shall be imposed for said change in use,
redevelopment, alteration or modification provided that the existing land use type, i.e.
residential or nonresidential, (Section 34-424) falls within the same category. For
example, in the event the existing land use type is nonresidential office and the new land
use type is nonresidential retail, then in that event no additional impact fee will be
imposed. In the event the existing structure is expanded or the land use type is changed
or modified for example from residential to nonresidential then in that event an impact
will be imposed based upon the net increase in the impact fee for the new development
or land use as compared to the existing or any previous land use.
(2) Off-site road improvements. All off-site roadway improvements which add additional
capacity or sidewalks/bikeways over that required for City development approval shall
be credited against that portion of the impact fee attributable to road improvements, as
set forth below:
a. Each person desiring to utilize such credit shall submit a written cost estimate to the
Administrator. Cost estimates for right-of-way dedication shall be prepared and
certified by a qualified MAI appraiser. Cost estimates for actual off-site
improvements to be constructed shall be prepared and certified by a registered
Florida professional engineer. The Administrator shall review the cost estimates and
Impact Fee Credits
February 25, 2021 Page 1 of 3

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City Council Regular - June 8, 2021 - 6:30 PM

advise the applicant in writing of the amount of credit to be allowed. No credit shall
be allowed for "site-related improvements." In lieu of an MAI appraisal, the person
may use one hundred twenty (120) percent of assessed land value as shown on the
Brevard County tax rolls. Credit for right-of-way dedication shall not exceed that
portion of the total impact fee attributable to right-of-way acquisition. In addition,
inclusion of the off-site road improvement in the "Schedule of Improvements" of the
Comprehensive Plan and the City's Five-Year Capital Improvement Program shall
be necessary for construction credit. Right-of-way credit must be consistent with the
future traffic circulation map.
(3) Park improvements. A credit against the park impact fee may be obtained by the
dedication of land for public parks and/or the construction of park improvements on land
so dedicated in excess of any required recreation or open space areas within that zoning
category or required as part of a development order. Each person desiring to utilize such
credit shall prepare and submit to the Administrator the following:
a. An appraisal, certified by a qualified property appraiser, as to the value of all and
[land] proposed to be dedicated for park use;
b. A survey of the property to be dedicated showing boundaries, dimensions and public
access to the park;
c. A sketch plan showing general land conditions, lakes, natural water courses and all
proposed improvements to the land;
d. A cost estimate of the proposed improvements certified by a licensed Florida
general contractor.
(b) The Administrator shall determine whether the proposed land and improvements are
acceptable to the city, and if so, the amount of the credit to be allowed against the park impact
fee. The Administrator shall notify the applicant in writing of their decision.
(1) Recreational improvements. A credit against the park impact fee shall be allowed for
recreational improvements constructed as qualified in subsection (a)(3)c. above that is
within and made a part of a residential development. A qualified recreational
improvement shall mean only an active recreational facility which is provided as an
amenity to the residents of the development. Passive recreational facilities, such as a
clubhouse, which are not used primarily for active recreational pursuits do not qualify for
this credit. The credit allowed for qualified recreational improvements shall be equal to
the value of the land and qualifying improvements thereon up to a maximum of fifty (50)
percent of the amount of the park impact fee for such development.
(2) Subdivision. For new developments consisting solely of unimproved lots or parcels,
credits for off-site road improvements and park improvements as calculated in
subsections (a)(3)b., c. and d. above, shall be computed on a pro rata basis for each lot
or parcel within a subdivision and shall be allowed at such time as side lots are
developed.
(3) [Maximum credit.] In no event shall any credit exceed the amount of the impact fee
determined to be due under this chapter.
(4) Transfer of credits. Impact fee credits are assignable and transferable consistent with
the provisions of Section 163.31801, F. S. as may be amended from time to time.

Impact Fee Credits

February 25, 2021 Page 2 of 3

Page 151 of 220

City Council Regular - June 8, 2021 - 6:30 PM

SECTION 2. SEVERABILITY. If any provision of this Ordinance is for any reason held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.

SECTION 3. REPEAL OF CONFLICTING ORDINANCES. All ordinances or parts of

ordinances, and all resolutions and parts of resolutions, in conflict herewith are hereby repealed
to the extent of such conflict.

SECTION 4. EFFECTIVE DATE. This Ordinance shall be in full force and effect upon
adoption by the City Council in accordance with the Charter of the City of Titusville, Florida.

SECTION 5. INCORPORATION INTO CODE. This Ordinance shall be incorporated into

the City of Titusville Code of Ordinances 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 Code may be made.

PASSED AND ADOPTED this ___ day of _______, 2021.

_____________________________

Daniel E. Diesel, Mayor

ATTEST:

___________________________

Wanda F. Wells, City Clerk

Impact Fee Credits

February 25, 2021 Page 3 of 3

Page 152 of 220

City Council Regular - June 8, 2021 - 6:30 PM

Page 153 of 220

City Council Regular - June 8, 2021 - 6:30 PM

Page 154 of 220

City Council Regular - June 8, 2021 - 6:30 PM

AD94719028 OS/ 961292t•

CITY OF TITUSVILLE
NOTICE OF PUBLIC HEARINGS+,
c

J
J/ ( a i
PLEASE TAKE NOTICE that the City
Council
will
of

hold
the

public
City Titusville, Florida
of

hearings on Tuesday,
PS.
June 8, 2021, at a meeting commencing
at 6: 30 p. m. in the Council Chamber on
the second floor of City.. Hall, 555 South
Washington Avenue, Titusville,- Florida
32796, to hear interested persons with
regard to the following proposed ordi-
nances:

AN ORDINANCE OF THE CITY OF TITUS-

VILLE, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS TO
ADOPT LOW IMPACT' DEVELOPMENT
STANDARDS, BY AMENDING CHAPTER
30" DEVELOPMENT STANDARDS", ARTI-
CLE I" GENERAL PROVISIONS", clIVISION
4" TECHNICAL MANUALS", SECTION- 30-
8" TECHNICAL MANUALS" BY ADDING A
LOW IMPACT DEVELOPMENT- MANUAL;
AMENDING CHAPTER 30 " DEVELOP-
MENT STANDARDS" BY CREATING ARTI-
CLE V. " LOW IMPACT DEVELOPMENT"
TO INCLUDE SECTION 30- 421 ' INTENT"
PLEASE ALSO TAKE . thataoon
AMEND-
AND 30- 422 " LID ANALYSIS";
ING CHAPTER 30, ARTICLE III, DIVISION",
ASEMay12,
Wednesday, 2NOTICEt a g
SECTION 30- 163. " OPEN SPACE` in AND.. commencing at 5: 30 p. m., the Titusville
Environmental Commission will hold a
ARDS", CHAPTER 30, ARTICLE 113,+ oIVI-_
SION 9, SECTION 30- 278" SATELLITE'° PAR- public hearing to hear interested per-
KING", CHAPTER 30, ARTICLE Ill, tDIVI sons with regard to the first aforemen-
SION 10, SECTION 30- 324. " LANDSCA- tioned and proposed ordinance for rec-
PE", 30 ARTICLE DIVISION
ommendation to the CityCouncil. This.
CHAPTER III,
10, SECTION 30- 337 " PERMITTED USES meeting will be held on te second floor
WITHIN THE LANSCAPE BUFFER YARD",
of City Hall, 555 South Washington Ave-
CHAPTER 34, ARTICLE V, DIVISION 7,
nue, Titusville, Florida 32796..
SECTION 34- 306. " ADMINISTRATIVE - '
WAIVER
IN ADDITION,: PLEASE TAKE NOTICE that
OF SETBACK REQUIREMENTS",-
May19, 2 0 , 1 at a meet
SECTION. 3A " APPLICABILITY` OF THEWednesday, `
DEVELOPMENT REVIEW PROCEDURES ! ing commencing at 6:00 p.m., the Plan
MANUAL, SECTION 7.4 " STORMWATER and: Zoning Commission will hold
MANAGEMENT DESIGN CRITERIA" OF
ning
public. hearings to hear interested per-
sons with regard to these matters of
THE STORMWATER MANAGEMENT
both' proposed ordinances for recom-
TECHNICAL MANUAL, AND SECTIONS
9. 7, 9. 16. 4, 9. 16. 8, 9. 17. 1. 1, AND 9. 19. 3 mendation to the City Council. This
OF THE TRANSPORTATION INFRASTRUC- meeting will be held on the second floor
TURE TECHNICAL MANUAL TO ENABLE of City Hall, 555 South Washington- Ave-
nue, Titusville, Florida 32796.
SPECIFIC LID INCENTIVES; AMENDING
I
THE TECHNICAL MANUALS AND SPECIFI-
CATION IN SUPPORT op THE LAND DF- The proposed ordinances may be in-
VELOPMENT REGULATIONS, BY ADDIS ected by the public at the City of Titus-
SECTION 11. ` LOW IMACT DEVELOP ! Mlle City Clerk' s Office. All interested
MENT TECHNICAL MANUAL", SPECIFI- parties are hereby advisedthat they may•
a pear at said meetings andpublic hear-
CALLY ADDING SECTION th9s. and be heard with respect to said
11. 1 " INTENT",
ordinances.
SECTION 11. 2 " GOALS OF LOW IMPACT
DEVELOPMENT", SECTION 11. 3 " LOW
IMPACT DEVELOPMENT PLAN", SECTION Any person who dec•{des to appeal any
11. 4" OPERATIONS AND MAINTENANCE decision of the City of Titusville Environ-
O& M) DOCUMENTS",,' SECTION 71. 5
mental Commission, the Planning and
LOW IMPACT DEVELOPMENT( LID) BEST
Zoning Commission, or the City Council
MANAGEMENT PRACTICE ( BMP) LIST", with respect to any matter being consid
ered at these meetings will need to en-
SECTION 11. 6; LOW IMPACT DEVELOP-
sure. that a verbatim record of the pro-
MENT INCENTIVES MATRIX", AND SEC-
ceedings is made, which record includes
TION 11. 7 MINIMUM PARKING RE-
QUIREMENTS FOR DEVELOPMENT UTI-
the testimony and evidence upon which
the appeal is to be based.
LIZING LOW IMPACT DEVELOPMENT";
PROVIDING FOR SEVERABILITY, REPEAL
The Citydesires to accommodate per-
OF CONFLICTING ORDINANCES, AN EF-
E DATE, AND INCORPORATION sons wth disabilities. Accordingly, any
FECTINTO
INTO THE CODE; and physically handicapped person, pursuant
to Chapter -. 286. 26. Florida Statutes,
AN ORDINANCE OF THE CITY OF TITUS- • should, at least 48 hours prior to the
'
VILLE, FLORIDA AMENDING THE CODE
meeting, submit a request that the phys-
OF ORDINANCES CHAPTER 34 " PROCE- ically handicapped person desires to at-
DURES" TO INCLUDE PROVISIONS RE-
tend the meeting to the City Clerk' s Of-
ice.
LATED TO TRANSFER OF IMPACT FEE
CREDITS CONSISTENT WITH STATE LAW;
SPECIFICALLY AMENDING SECTION 34 Wanda F. Wells, MMC, City Clerk, City of
Titusville, 555 South Washington Ave-
426" IMPACT FEE CREDITS"; PROVIDING
nue, Post Office Box 2806, Titusville,
FOR SEVERABILITY, REPEAL OF CON- Florida 32781- 2806, Phone 321- 567- 3686,
FLICTING ORDINANCES, AN EFFECTIVE
and Fax 321- 383- 5704
DATE AND INCORPORATION INTO THE I.
CODE.

Page 155 of 220

City Council Regular - June 8, 2021 - 6:30 PM

Category: 9.
Item: C.
City of Titusville

To: The Honorable Mayor and City Council

From: William S. Larese, City Manager
Subject: Ordinance No. 15-2021 Relating to Breweries
Department/Office: Planning

Recommended Action:
Conduct the first reading and first public hearing Ordinance No. 15-2021 amending Chapter 28
“Zoning” of the Land Development Regulations to add craft brewery/craft distillery as a permitted
use with limitations in the Tourist (T), Community Commercial (CC), Downtown Mixed Use (DMU),
Shoreline Mixed Use (SMU), Regional Mixed Use (RMU) and Urban Village (UVv) zoning districts,
amending the permitted use with limitations to require a conditional use permit in the Urban Mixed
Use (UMU) zoning district, and amending the definition and standards of craft brewery/craft distillery
and removing microbrewery as a permitted use with limitations in the Downtown Mixed Use (DMU)
zoning district; specifically amending Section 28-54 “Use table”, Section 28-204 “Craft brewery/craft
distillery” and deleting Section 28-213 “Microbrewery”; providing for severability; repeal of conflicting
ordinances; for an effective date and for incorporation into the code. (This is the first reading and
first public hearing. The second and final public hearing is scheduled for July 13, 2021 at
6:30 PM.)

The Planning and Zoning Commission considered this ordinance on June 2, 2021 and
recommended approval with the following recommendation to change any zoning
category that allows residential uses to require a conditional use where the proposed
brewpub is within 100 feet of a residential use, otherwise the brewpub use shall be
permitted as a limited use. The motion carried with a 7-0 vote.

Summary Explanation & Background:

On January 20, 2021 the Planning and Zoning Commission reviewed a proposed ordinance
related to brewpubs. At that meeting, the Commission expressed concerns with the proposed
draft, and requested a simplified version of the ordinance.

The staff's proposed changes to the brewpub ordinance are included on the attached
ordinance, and are briefly described below:
Expands craft breweries/craft distilleries as a limited use into several zoning districts, and
as a conditional use in UMU.
Amends standards for permitted uses with limitations and conditional uses.
Amends the definition of craft brewery or distillery.
Deletes microbreweries as a use within the code as the proposed brewery use is

Page 156 of 220

City Council Regular - June 8, 2021 - 6:30 PM
duplicative..

There are two (2) licenses issued by the State of Florida for manufacturing of malt beverages
as described below.

License for manufacturing of malt beverages in vendor premises (CMBP license) –

limited to 10,000 kegs per year. Keg is equal to 15.5 gallons, or a half barrel. (Barrel equal
to 31 gallons.) In essence, cap per year for CMBP is 5000 barrels (155,000
gallons). CMBP does not permit distribution of beer whatsoever, and product is for on-site
consumption only.
License for manufacturer/brewer of malt beverages (CMB license) – allows brewing,
distribution, bottling and tasting room on premises with no limit on the amount of product
produced on site.

Alternatives:
1. Conduct the first public hearing and make no changes to the ordinance.
2. Conduct the first public hearing and make changes to the ordinance.
3. Provide other direction as desired to staff.

Item Budgeted:

Source/use of funds/Budget Book Page:

Strategic Plan:
No. 1 – Quality of LifeNo. 4 – Economic Development

Strategic Plan Impact:

ATTACHMENTS:
Description Upload Date Type
ordinance 5/19/2021 Backup Material
Lakeland and Dunedin 4/14/2021 Backup Material
Ad 1 of 2 prior to first and second final 6/1/2021 Backup Material
hearing

Page 157 of 220

City Council Regular - June 8, 2021 - 6:30 PM

ORDINANCE NO. XX-2021

AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING

CHAPTER 28 “ZONING” OF THE LAND DEVELOPMENT REGULATIONS TO
ADD CRAFT BREWERY/CRAFT DISTILLERY AS A PERMITTED USE WITH
LIMITATIONS IN THE TOURIST (T), COMMUNITY COMMERCIAL (CC),
DOWNTOWN MIXED USE (DMU), SHORELINE MIXED USE (SMU),
REGIONAL MIXED USE (RMU) AND URBAN VILLAGE (UV) ZONING
DISTRICTS, AMENDING THE PERMITTED USE WITH LIMITATIONS TO
REQUIRE A CONDITIONAL USE PERMIT IN THE URBAN MIXED USE (UMU)
ZONING DISTRICT, AND AMENDING THE DEFINITION AND STANDARDS
OF CRAFT BREWERY/CRAFT DISTILLERY AND REMOVING
MICROBREWERY AS A PERMITTED USE WITH LIMITATIONS IN THE
DOWNTOWN MIXED USE (DMU) ZONING DISTRICT; SPECIFICALLY
AMENDING SECTION 28-54 “USE TABLE”, SECTION 28-204 “CRAFT
BREWERY/CRAFT DISTILLERY” AND DELETING SECTION 28-213
“MICROBREWERY”; PROVIDING FOR SEVERABILITY; REPEAL OF
CONFLICTING ORDINANCES; FOR AN EFFECTIVE DATE AND FOR
INCORPORATION INTO THE CODE.

WHEREAS, according to the Brewers Association, the number of craft breweries

operating in Florida have increased 500% between 2001 and 2018; and

WHEREAS, the Titusville City Council desires to expand opportunities for craft
breweries and brew pubs to be located within the City in order to support economic
development, tourism and opportunities for small businesses; and

WHEREAS, the State of Florida issues two types of licenses for breweries: the CMBP
license which limits the manufacturing of malt beverages to 5000 barrels per year and allows
on-site consumption only, and the CMB (Cereal Malt Beverage) licenses which allows brewing,
distribution, bottling and tasting room on premises.

NOW, THEREFORE, BE IT ENACTED by the City of Titusville, Florida

SECTION 1. That Chapter 28 “Zoning”, Article IV, “Use Table”, Section 28-54 “Use
Table” of the Code of Ordinances, City of Titusville is hereby amended to reads as follows:

Craft brewery Ord.

May 18, 2021 Page 1 of 13

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City Council Regular - June 8, 2021 - 6:30 PM

Sec. 28-54. Use Table.

Agriculture Residential Districts Commercial Districts Industrial Districts Mixed-Use Standards
and Public

Permitted Principal Use GU OR P RE RR R1A R1B R1C R- R- RMH- RMH- RHP HM T NC CC RC OP M- M- M- PID DMU UMU SMU RMU UV IRCN See
2 3 1 2 1 2 3 Noted
Section
Key: P = Permitted; L = Permitted subject to limitations; C = Condition; Blank Cell = Use Prohibited Downtown Uptown Midtown Civic 100 200 300 400 500 C R for Use
Waterfront Specific
Standards

Agricultural Uses

Agricultural pursuits L 28-61

Horse boarding L 28-62

Processing, packaging, P 28-63

and sale of agricultural
products and
commodities produced
on-site

Residential

Additional residential C 28-71

density

Assisted living facility L L L C C C L C L L 28-72

(ALF)

Live/work unit P P P L 28-73

Manufactured housing P P 28-74

Multifamily dwellings P P P P P P L C P P P L 28-75

(duplex, triplex,
quadplex, etc.)

Neighborhood group P P P P P P P P P P P P P P C C P P 28-76

home

Patio homes P P 28-77

Residential/professional C C C C C C C C 28-78
use

Residential treatment C C 28-79

facilities

Craft brewery Ord.

May 18, 2021 Page 2 of 13

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City Council Regular - June 8, 2021 - 6:30 PM

Single-family dwelling L C P P P P P P P C C P P P L P 28-80

(detached)

Tiny house L L L L L 28-80.5

Tiny house on wheels C L 28-80.6

(THOW)

Townhomes L L L L L P L C P P L L 28-81

Commercial

Advertising agency P P P P P P P P P P P P P P 28-91

Animal kennel P L C L L C L C L L 28-92

Animal shelter P C C L C C L L L 28-93

Arcade amusement C 28-94

center

Art, craft, and hobby P P P P P P P P P P P P 28-95

shop

Art studio P P P P P P P P P P P P P P 28-96

Automobile repair P P P P P L C P L 28-97

Automobile/vehicle P P L L L C P L L 28-98
sales

Bakery, retail P P P L P P P P P P P P L 28-99

Barber/beauty P P P P P P P P P P P P P P 28-100
shop/salon

Bed and breakfast inns L L L L L L L L L L L L C L L C C L L L 28-101

Bicycle sales/service P P P P P P P P P 28-101.1

Billboard (principal use) L L L L L L L 28-102

Billiards/pool hall C C P P P P L C P P 28-103

Boat sales P P P L 28-104

Book store P P P P P P P P P P P 28-105

Buildings over 60 feet in C 28-106

Craft brewery Ord.

May 18, 2021 Page 3 of 13

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City Council Regular - June 8, 2021 - 6:30 PM

height

Car rental agencies P P P C P 28-107

Car wash L L L L L L L L C C L 28-108

Ceramic shop P P P P P P P P P P P P 28-109

Child care facility C C C C C C C C C C L L L L C C C C L C C C L C 28-110

Clothing and shoe P P P P P P P P P P P P P 28-111

stores

Convenience store C C C L L L C C L C L L C 28-112

(without retail gasoline
sales)

Copy center P P P P P P P P P P P P 28-113

Crematory services C C C C C C 28-114

Delicatessens P P P P P P P P P P P P P P P 28-115

Docks (principal use) P 28-116

Drinking establishments P P P P P P C L C P P L 28-117

(bar, tavern, lounge)

Dry cleaner P P P P P P P L C P P P P 28-118

Electronic gaming C 28-119

establishment

Emergency clinics P P P P P P P P P P 28-120

Farmers market/food L P 28-121

stand

Financial institutions P P P P P P P P P L P C P P P 28-122

(bank)

Fitness center C C P P C C P P P L C P P P P 28-123

Florists P P P L P P P P P P P P P 28-124

Funeral establishment P P P P L P P 28-125

(without cemetery)

Furniture store P P P P P P L P P P P P 28-126

Craft brewery Ord.

May 18, 2021 Page 4 of 13

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City Council Regular - June 8, 2021 - 6:30 PM

Gift shops P P P P P P P P P P P P P 28-127

Graphic printing and P P P P P P P P P 28-128

copying services

Grocery store P P P P P P L C P L P 28-129

Hardware store P P P P P P P L P P L 28-130

Hospitals P C C C 28-131

Hotel/motel P P P P C P C P P 28-132

Ice cream parlors P P P P P P P P P P P P P P P 28-133

Ice vending buildings L 28-134

Insurance office P P P P P P P P P P P P P P 28-135

Jewelers P P P P P P P P P P P 28-136

Laboratory (medical) P C C C C 28-137

Laundromat P P P P P P P P L L C P P 28-138

Legal office P P P P P P P P P P P P P 28-139

Liquor store C P P C C P 28-140

Lumber and building L C 28-141

supplies sales

Lumber yard L L 28-142

Marina and yacht basin C P C C C 28-143

Medical equipment and P P P P 28-144

supplies sales

Medical marijuana L L L L L L L L L L C L L L 28-144.7

dispensing facility

Medical office/clinic P P P P P L P P P L P P P P P P 28-145

Mobile vendor L L L L 28-146

Movie theater C C 28-147

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City Council Regular - June 8, 2021 - 6:30 PM

Newstands P P P P P P P P P P P P 28-148

Off-street parking lots P C C C P P P P C C C L P 28-149

Open air market L C L L L L 28-150

Outdoor storage L L C L 28-151

Package and parcel P P P P 28-152

delivery service

Pain management C 28-153

clinic/cash only
pharmacy

Parking structures L L L L P 28-154

Passive commercial C C L 28-155

uses

Personal services P P P P P P P P P P P P P 28-156

Pet grooming services P P P C P L P P P L 28-157

Pet stores P P P P 28-158

Pharmacies P P P L P P P P P L C P P L 28-159

Photographic shops P P P P P P P P P P P P P 28-160

Postal and mailing P P P P P P P P L P P P P 28-161

services

Printing and copying P P P P P P P L P P P P L 28-162

stores

Private club C C C C C C C C C C C C C C C L L C C C 28-163

Professional offices P P P P P P P P P P P P P P P P 28-164

Radio and television P P P P P P P P P P 28-165

sales

Repair and service for P P P P P 28-166

small equipment items

Restaurants/caterers P L P P L L L/C P P P C L P P P P P L 28-167

Retail gasoline sales C C L L L L C C C L L C 28-168

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City Council Regular - June 8, 2021 - 6:30 PM

Retail sales and service P P P P P P P P C P P 28-169

(see section 28-51)

Screen printing shops P P P P P P P P P P L P P P P L 28-170

Shoe repair P P P P P P P P P P P 28-171

Spa C C P P C C P P P P C P P P 28-172

Sporting goods store P P P P P P P 28-173

Tailor services P P P P P P P P P 28-174

Temporary labor agency L C 28-175

Transient C C C 28-176
accommodations

Travel agencies P P P P P L P P P P P P P P P 28-177

Travel trailer park C C 28-178

Truck stop plaza C C 28-179

Upholstery shops P P P P L P P P 28-180

Veterinarian P L L L L P C C L L L P L 28-181

Video game arcades P C P P P P P C P C P 28-182

Industrial

Bakeries and P P P L P 28-201

confectioneries

Bottling plants P P P P L P 28-202

Building trades services P P P L L P 28-203

Craft brewery/craft L L P P P P L L L L LC L L P L 28-204

distillery

Dry-cleaning plants P P P P L P 28-205

Freight distribution P P P P L P 28-206

Heavy industrial use C 28-207

Heavy manufacturing P P 28-208

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May 18, 2021 Page 7 of 13

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City Council Regular - June 8, 2021 - 6:30 PM

Laboratory (research C C P P P 28-209

and testing)

Light manufacturing L P P P C C L L L P 28-210

Machine shop P P L P 28-211

Mechanical service and P P P L P 28-212

repair

Microbrewery Reserved L L 28-213

Mini-warehouse L C C C C C 28-214

Plant nursery L P P L P 28-215

Production print shops, P P P 28-216

printing, engraving

Recycling and C 28-217

mulching/composting

Retail or wholesale sale L L L L L P 28-218

of products
manufactured on site

Transportation facilities P P 28-219

Transmission tower C C C C 28-220

Vehicle-for-hire P C L P 28-221
establishments

Warehousing/wholesale L P C P P L L 28-222

Welding, metal P P P L P 28-223

working, fabrication

Civic, Public and Institutional

Airpark C C C C C C C C C C P C C C C 28-231

Airports C C C C C C C C C C P C C C C 28-232

Ambulance service P 28-233

Art centers P P P P P P P 28-234

Cemeteries P 28-235

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May 18, 2021 Page 8 of 13

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City Council Regular - June 8, 2021 - 6:30 PM

Churches C C C C C C C C C C C L L L L L L P P L C C L L 28-236

College/university P P P P P 28-237

Community centers P C C C C C C C C C P P L L L C P P P P P C L L L P P 28-238

Community service P C C C C C C C C C P P L L L C C L L L C 28-239

Convention center C L 28-240

Domestic violence L 28-241

shelter

Family day care homes P P P P P P P P P L L L P P P P P 28-242

Government facilities P C C C C C C C C C P P P P P L L L L P P 28-243

Heliports or landing P 28-244

pads

Incinerators C 28-245

Landfill C 28-246

Library P C C C C C C C C C C C C C 28-247

Nursing homes, C C P C L 28-248

convalescent homes
and extended care
facilities

Passenger terminal P P P 28-249

facilities

Performing arts theater P P P P 28-250

Post office P P P P 28-251

Prison, detention C 28-252

facilities and work
camps

Public utility C P P C C C C 28-253

Recovery/halfway C 28-254
house

Schools (public or C L C C C C C C C C C C C C L L L C C C C C 28-255

private)

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May 18, 2021 Page 9 of 13

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City Council Regular - June 8, 2021 - 6:30 PM

Vocational school L L L L L L L L L L L L L L L 28-256

Recreation

Community gardens L L L L L L L L L L L L L L L 28-271

Golf course P P 28-272

Park (private) P P P P P P P P P P P C P 28-273

Parks (public or non- P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P 28-274

profit)

Recreational and C C C C P C 28-275

commercial amusement
(indoor)

Recreational and C C C C C C C 28-276

commercial amusement
(outdoor)

Tennis clubs P 28-277

(Ord. No. 15-2017, § 1, 6-13-17; Ord. No. 19-2017, § 1, 8-8-17; Ord. No. 31-2017, § 10, 10-24-17; Ord. No. 37-2017, § 1, 11-14-17; Ord. No. 5-2018, § 1, 2-13-18; Ord. No. 17-2018, § 1, 3-13-18; Ord. No. 23-2018, § 1, 7-10-18; Ord. No. 24-2018, § 1, 7-10-18; Ord. No.
37-2018, § 1, 8-28-18; Ord. No. 3-2019, § 1, 2-26-19; Ord. No. 25-2020, § 1, 12-8-20; Ord. No. 4-2021, § 1, 2-9-21)

Craft brewery Ord.

May 18, 2021 Page 10 of 13

Page 167 of 220

City Council Regular - June 8, 2021 - 6:30 PM

SECTION 2. That Chapter 28 “Zoning”, Article V, “Use Standards”, Division 4

“Industrial”, Section 28-204 “Craft brewery/craft distillery” of the Code of Ordinances, City of
Titusville is hereby amended to reads as follows:
Sec. 28-204. - Craft brewery/craft distillery.

(a) Districts where permitted.

RE RR R-1A R-1B R-1C R-2 R-3 RMH-1 RMH-2 RHP

HM T NC CC RC OP M-1 M-2 M-3 PID

L L P P P P

DMU RMU
GU OR P UMU SMU UV IRCN
D U M C 100 200 300 400 500

L L L L LC L L P L

(b) Definitions.
"Craft brewery or distillery:" A small-scale, licensed manufacturing establishment which
produces, processes, ferments, rectifies or blends craft brews, wines or distilled spirits; may
or may not offer tastings, and may or may not provide on-site sale and consumption of the
products. A small brewery in which less than twenty-five (25) percent of the brewery is owned
or controlled (or equivalent economic interest) by an alcoholic beverage industry member that
is not itself a craft brewer. Craft brewers have a majority of its total beverage alcohol volume
in beers whose flavor derives from traditional or innovative brewing ingredients and their
fermentation. Craft breweries may operate a tasting room which allows for the sales of beer
and wine as defined in Florida Statutes.

"Craft distillery:" A licensed distillery as defined by Section 565.03, Florida Statues.

(c) Standards for permitted uses with limitations and conditional uses.
(1) A duly-licensed establishment that produces beer and distilled spirits in quantities not
to exceed 15,000 barrels per year (465,000 U.S. gallons).
(2) Where permitted only through a conditional use, the maximum production capacity may
be further limited to minimize impacts on adjacent uses.
(1) In the Urban Mixed-Use (UMU) zoning district, craft breweries/craft distilleries must be
on property with an approved craft brewery/craft distillery use existing prior to
Craft brewery Ord.
May 18, 2021 Page 11 of 13

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City Council Regular - June 8, 2021 - 6:30 PM

December 8, 2009. Expansions must be on property owned by the owner of the

approved industrial business on or before December 8, 2009.

SECTION 3. That Chapter 28 “Zoning”, Article V, “Use Standards”, Division 4

“Industrial”, Section 28-213 “Microbrewery” of the Code of Ordinances, City of Titusville is
hereby deleted in its entirety to reads as follows:
Sec. 28-213. - Microbrewery. Reserved.

(a) Districts where permitted.

RE RR R-1A R-1B R-1C R-2 R-3 RMH-1 RMH-2 RHP

HM T NC CC RC OP M-1 M-2 M-3 PID

DMU RMU
GU OR P UMU SMU UV IRCN
D U M C 100 200 300 400 500

L L

(b) Reserved.
(c) Standards for permitted uses with limitations.
(1) In the Downtown Mixed-Use (DMU) zoning district, an on-site retail component shall
be required.

SECTION 4. SEVERABILITY. If any provisions of this Ordinance are for any reason
held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.

SECTION 5. REPEAL OF CONFLICTING ORDINANCES. All ordinances or parts of

ordinances, and all resolutions and parts of resolutions, in conflict herewith are hereby repealed
to the extent of such conflict.

SECTION 6. EFFECTIVE DATE. This Ordinance shall be become in full force and
effect upon adoption by the City Council in accordance with the Charter of the City of Titusville,
Florida.
Craft brewery Ord.
May 18, 2021 Page 12 of 13

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City Council Regular - June 8, 2021 - 6:30 PM

SECTION 7. INCORPORATION INTO THE CODE. This ordinance shall be

incorporated into the City of Titusville Code of Ordinances 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 Code may be made.

PASSED AND ADOPTED this _____th day of __________________, 2021.

________________________
Daniel E. Diesel, Mayor

ATTEST:

_________________________
Wanda F. Wells, City Clerk

Craft brewery Ord.

May 18, 2021 Page 13 of 13

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City Council Regular - June 8, 2021 - 6:30 PM
Dunedin 103-60.4 - Interpretation—Materially Similar Uses

TABLE 103-60.1 LAND DEVELOPMENT CODE USE MATRIX

FX- FX- DC - A & C DC - B

Use/Activity TF DR GO NB GB DI SC CP CR LI GI
M H Streets Street

Bars, taverns, nightclubs, close before

P - P P - P P P - - P P - - -
10:00 p.m. no amplified music

Bars, taverns, and nightclubs, close after

C - C Z - C P P - - P P - - -
10:00 p.m.

Craft micro brewery, winery or distillery P - C P - - P P - - - P P

Craft/micro brewery, winery or distillery: A small-scale, licensed manufacturing establishment which produces, processes,
ferments, rectifies or blends craft brews, wines or distilled spirits; may or may not offer tastings, and may or may not provide
on-site sale and consumption of the products.

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City Council Regular - June 8, 2021 - 6:30 PM
Lakeland 2.3 - PERMITTED USES

Table 2.3-1: Permitted Principal Uses

OFFICE INDUSTRIAL
USES RESIDENTIAL DISTRICTS COMMERCIAL DISTRICTS
DISTRICTS DISTRICTS

RA- RA- RA- RA- MF- MF- MF- O- O- O- C- C- C- C- C- C- C-

RB MH I-1 I-2 I-3
1 2 3 4 12 16 22 1 2 3 1 2 3 4 5 6 72

C
Micro-Breweries, Micro-Wineries & Micro-Distilleries C C 5
P P

Bars, Lounges and Related Entertainment Uses C P P P C

Bars, Lounges and Related Entertainment Uses located

within building containing at least 50,000 sq. ft. of floor P
P 8
area occupied by hotel, theater, retail shopping, and/or
office facilities

Bars, Lounges and Related Entertainment Uses NOT

located within building containing at least 50,000 sq. ft. of C
C 5
floor area occupied by hotel, theater, retail shopping,
and/or office facilities

P
Restaurants, Low Turn-Over P P P P P P P 5
P

P
Restaurants, High Turn-Over P C P P P P P 5
P

Restaurants, Very High Turn-Over P P P P C P

5
Denotes uses which qualify as retail or service for purposes of complying with core ground floor use requirements specified in
footnote no. 4.

Micro-Breweries, Micro-Wineries & Micro-Distilleries: Establishments which produce beer, wine or distilled spirits in
relatively small quantities in conjunction with a restaurant, tasting room or retail sales operation. A micro-brewery is defined
as an establishment which is duly-licensed to produce beer and/or cider in quantities not to exceed 15,000 barrels per year
(465,000 U.S. gallons). A micro-winery is defined as an establishment which is duly-licensed to produce wine and/or mead
in quantities not to exceed 100,000 U.S. gallons per year. A micro-distillery is defined as an establishment which is duly-
licensed to produce distilled spirits in quantities not to exceed 15,000 U.S. gallons per year. Where permitted only through a
conditional use, the maximum production capacity may be further limited to minimize impacts on adjacent uses.

Page 172 of 220

City Council Regular - June 8, 2021 - 6:30 PM

CITY OF TITUSVILLE"
NOTICE OF PUBLIC HEARINGS
FOR PROPOSED. ENACTMENT OF
5fa,) 0_ 1
00_ TITUSVILLE CITY ORDINANCE
S PLEASE TAKE NOTICE that the City of Titusville City Council will hold: public-
hearings to hear interested persons with regard to the following ordinance.' The
first public hearing for.the proposed ordinance. is scheduled<for Tuesday, June
8, .2021. The second and final public hearings for the proposed ordinanceis
scheduled for Tuesday, July 13, 2021. The• public.:

Page 173 of 220

City Council Regular - June 8, 2021 - 6:30 PM

Category: 10.
Item: A.
City of Titusville

To: The Honorable Mayor and City Council

From: William S. Larese, City Manager
Subject: Ordinance No. 16-2021 Grease Interceptors
Department/Office: Water Resources

Recommended Action:
Conduct the first reading of Ordinance No. 16-2021 amending the Code of Ordinances to
amend Chapter 21, Article III, Division 8 “Grease Interceptors” of the Code of Ordinances to
provide flexibility to existing facilities requiring a grease interceptor; by amending section 21-
240(a)(1), 21-240(a)(2), 21-240(c)(2), 21-240(c)(3) and deleting section 21-240(c)(1); providing
for severability, repeal of conflicting ordinances, an effective date and incorporation into the
code. (This is the first reading. The second reading and public hearing is scheduled
for the regular City Council meeting on July 13th, 2021 at 6:30 p.m.)

Summary Explanation & Background:

On February 9, 2020 the Water Resources Department provided a presentation to the
Community Redevelopment Agency, CRA, on grease interceptors. Following the presentation,
CRA requested that a review of the grease interceptor code be conducted by staff and to
propose code changes that would promote flexibility and revise the current case by case
evaluation process for existing facilities in the Code.

Staff has reviewed other municipalities’ codes, enforcement options, risks, etc and is proposing
through this ordinance revised Code that addresses existing facilities providing flexibility and
maintaining sewer system protection. The revisions also remove the case by case evaluation
process. Design and sizing for new interceptors in existing facilities will be based on a design
professional recommendations, Florida Building Code, and sizing calculations. These factors
will determine whether an internal or external device is required and what size device shall be
installed to properly service the type of business.

In addition, previous advisability was granted for the allocation of federal American Rescue
Plan (ARP) Act Funding for Community Development Initiatives to assist small businesses.
Staff proposes to extend the existing ARP assistance program to include a reimbursable grant
program for the installation of approved grease interceptors.

Alternatives:
1. Conduct the first reading and make no changes to the proposed ordinance.

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City Council Regular - June 8, 2021 - 6:30 PM
2. Conduct the first reading and make proposed changes to the ordinance.
3. Decline to conduct the first reading and provide direction to staff.

Item Budgeted:
NA

Source/use of funds/Budget Book Page:

This action requires not funding.

Strategic Plan:
No. 1 – Quality of LifeNo. 2 – Efficient and Effective ServicesNo. 4 – Economic Development

Strategic Plan Impact:

This action provides for economic development through the right sizing of city pretreatment
requirements, provides for quality of life and efficient and effective services by promoting
protection of the sewer system and the Indian River Lagoon.

ATTACHMENTS:
Description Upload Date Type
Proposed Grease Interceptor Ordinance 6/2/2021 Backup Material
Redlined Proposed Grease Interceptor 6/3/2021 Backup Material
Ordinance

Page 175 of 220

City Council Regular - June 8, 2021 - 6:30 PM

ORDINANCE NO. XX-2021

AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, REVISING,

MODIFYING, AND AMENDING CHAPTER 21 OF THE CODE OF
ORDINANCES, ARTICLE III, DIVISION 8 “GREASE INTERCEPTORS”,
SECTION 21-240 “REQUIREMENTS” BY AMENDING GREASE
INTERCEPTOR CODE CHANGES; AMENDING SECTIONS , 21-240(A)(1), 21-
240(A)(2), 21-240(C)(2), AND 21-240(C)(3) ; DELETING SECTIONS 21-
240(C)(1),; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING
ORDINANCES, AN EFFECTIVE DATE, AND INCORPORATION INTO THE
CODE.

WHEREAS, on February 9, 2021 the Community Redevelopment Agency of the City of

Titusville, Florida approved advisability for staff to develop an ordinance changing grease
interceptor cod for more flexibility; and

WHEREAS, the City Council of the City of Titusville, Florida adopted Grease Interceptor
requirements with the adoption of Ordinance No. 24-2012; and

WHEREAS, the City Council of the City of Titusville, Florida desires to encourage flexibility
for businesses with grease interceptor code changes within the Code of Ordinances.

NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF

TITUSVILLE, FLORIDA as follows:

Section 1. That Chapter 21 of the Code of Ordinances “Utilities”, Article III “Sanitary Sewer
System”, Division 8 “Grease Interceptors”, of the Code of Ordinances of the City of Titusville is
hereby amended as the following:

Section 21-240. Requirements

(a) [User's discharge permit.] All facilities that commercially prepare food for distribution shall
be required to obtain a user's discharge permit from the city manager or his/her designee
for the amount of one hundred dollars ($100.00) per year. All preexisting facilities that
change ownership are required to reapply for a user's discharge permit.
(1) All newly constructed facilities, excluding single-family homes, will be required to
install an approved, external grease trap with a minimum size of 750-gallon capacity.
All grease trap designs will based on Florida Building Code and require review and
approval by the city manager or his/her designee.
(2) Existing new facilities are required to engage a design professional to size a device
based on the Florida Building Code. The design professional shall include with their
calculations a statement of the technical basis. Based on the design calculations
provided, an external or internal device may be used. Internal devices are to be a
hydro-mechanical grease interceptor (HGI).
(3) If these remaining facilities fail to meet discharge requirements they will be subject to
discharge fines based on the effluent parameters. Failure to submit payment for such
discharge violations or required compliance measures set forth by the pretreatment
coordinator, within the stipulated timeframe, will result in termination of water supply to
the facility by the city manager or his/her designee, resulting in facility closure by the
department of health.
Grease Interceptor Code of Ordinances
Page 1 of 3

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City Council Regular - June 8, 2021 - 6:30 PM

(b) Alternative treatment. The use of any enzymes, chemicals, or other products designed to
emulsify, liquefy or further render grease soluble for the purpose of cleaning drainlines or
circumventing the intended design of the grease trap, is prohibited. All potential vendors
with products claiming biological activity will need to submit product-marketing literature,
material safety data sheets and a sample of the product to the WWF for review and
approval. Product evaluation under actual field-testing may be required by the WWF. The
vendor or manufacturer of the biological product will reimburse all expenses for WWF field
training [testing]. Final product approval will be given in writing by the WWF.
(c) Garbage disposal installation. The installation of garbage disposals into any food facility
is prohibited.
(d) Interceptor maintenance report. It will be the responsibility of the facility to contract with a
licensed hauler and maintain a record of each grease trap pump-out. It is required that
each grease trap be inspected and certified on an annual basis by both the licensed hauler
and the designee of the city manager. A grease trap pump-out will be required as provided
by a design professional for the permit submittal. All grease trap pump-out records and
annual grease trap inspection receipt will need to be displayed along with health
department inspection certification. Failure to do so will result in required grease trap pump-
out, and if not complete within ten (10) days, a fine of three hundred fifty dollars ($350.00)
or a fine up to ten thousand dollars ($10,000.00) if not completed within thirty (30) days. If
upon inspection, the grease trap is found to have over eleven (11) inches of solids in the
bottom of the grease trap or a grease cap of over three (3) inches or the facility exceeds
discharge compliance levels, based upon grease trap effluent sampling, the pretreatment
representative can require a grease trap pumped out, cleaned and transported to a
designated disposal site. Each facility is responsible for their wastewater discharge quality
and the proper disposal of their grease trap contents. Failure to comply with either effluent
discharge levels or proper legal disposal of grease trap contents may result in possible
fines not to exceed ten thousand dollars ($10,000.00).
(e)Program monitoring. It is the responsibility of each facility to maintain their effluent discharge
quality. Failure to do so may result in monthly effluent sampling by the pretreatment
department. Surcharge and fines shall be assessed on the parameters listed in the City of
Titusville Pretreatment Program Reference Manual. Each violation will be based on the
total water consumption and the impact on the wastewater collection and treatment system
by the facility. All surcharges and/or fines will be added to the facility's monthly water bill for
payment.
Section 2. SEVERABILITY. If any provision of this Ordinance is for any reason held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.

Section 3: REPEAL OF CONFLICTING ORDINANCES. All ordinances or parts of

ordinances, and all resolutions and parts of resolutions, in conflict herewith are hereby repealed
to the extent of such conflict.

Section 4. EFFECTIVE DATE. This Ordinance shall be become in full force and effect
upon adoption by the City Council in accordance with the Charter of the City of Titusville, Florida.

Grease Interceptor Code of Ordinances

Page 2 of 3

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City Council Regular - June 8, 2021 - 6:30 PM

Section 5. INCORPORATION INTO THE CODE. This ordinance shall be incorporated

into the City of Titusville Code of Ordinances 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 Code may be made.

PASSED AND ADOPTED this ________ day of ______________, 2021.

____________________________

Daniel E. Diesel, Mayor

ATTEST:

__________________________________

Wanda F. Wells, City Clerk

Grease Interceptor Code of Ordinances

Page 3 of 3

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City Council Regular - June 8, 2021 - 6:30 PM

ORDINANCE NO. XX-2021

AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, REVISING,

MODIFYING, AND AMENDING CHAPTER 21 OF THE CODE OF
ORDINANCES, ARTICLE III, DIVISION 8 “GREASE INTERCEPTORS”,
SECTION 21-240 “REQUIREMENTS” BY AMENDING GREASE
INTERCEPTOR CODE CHANGES; AMENDING SECTIONS , 21-240(A)(1), 21-
240(A)(2), 21-240(C)(2), AND 21-240(C)(3) ; DELETING SECTIONS 21-
240(C)(1),; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING
ORDINANCES, AN EFFECTIVE DATE, AND INCORPORATION INTO THE
CODE.

WHEREAS, on February 9, 2021 the Community Redevelopment Agency of the City of

Titusville, Florida approved advisability for staff to develop an ordinance changing grease
interceptor cod for more flexibility; and

WHEREAS, the City Council of the City of Titusville, Florida adopted Grease Interceptor
requirements with the adoption of Ordinance No. 24-2012; and

WHEREAS, the City Council of the City of Titusville, Florida desires to encourage flexibility
for businesses with grease interceptor code changes within the Code of Ordinances.

NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF

TITUSVILLE, FLORIDA as follows:

Section 1. That Chapter 21 of the Code of Ordinances “Utilities”, Article III “Sanitary Sewer
System”, Division 8 “Grease Interceptors”, of the Code of Ordinances of the City of Titusville is
hereby amended as the following:

Section 21-240. Requirements

(a) [User's discharge permit.] All facilities that commercially prepare food for distribution shall
be required to obtain a user's discharge permit from the city manager or his/her designee
for the amount of one hundred dollars ($100.00) per year. All preexisting facilities that
change ownership are required to reapply for a user's discharge permit.
(1) All newly constructed facilities, excluding single-family homes, will be required to
install an approved, external grease trap with a minimum size of 750-gallon capacity.
All grease trap designs will based on Florida Building Code and requirerequire review
and approval by the city manager or his/her designee.
(2) Existing new facilities are required to engage a design professional to size a device
based on the Florida Building Code. The design professional shall include with their
calculations a statement of the technical basis. Based on the design calculations
provided, an external or internal device may be used. Internal devices are to be a
hydro-mechanical grease interceptor (HGI).Existing facilities without an external
grease trap are required to install an external grease trap to meet WWF discharge
compliance. Other permits issued for internal grease traps will be issued on a case-
by-case basis. The only factor that makes the use of an internal interceptor(s)
acceptable would be an inadequacy of space, along with the size of the facility, for the
installation of an external grease trap as specified. All other preexisting facilities that
change ownership will be required to install external grease traps.
Grease Interceptor Code of Ordinances
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(3) If these remaining facilities fail to meet discharge requirements they will be subject to
discharge fines based on the effluent parameters. Failure to submit payment for such
discharge violations or required compliance measures set forth by the pretreatment
coordinator, within the stipulated timeframe, will result in termination of water supply to
the facility by the city manager or his/her designee, resulting in facility closure by the
department of health.
(b) Alternative treatment. The use of any enzymes, chemicals, or other products designed to
emulsify, liquefy or further render grease soluble for the purpose of cleaning drainlines or
circumventing the intended design of the grease trap, is prohibited. All potential vendors
with products claiming biological activity will need to submit product-marketing literature,
material safety data sheets and a sample of the product to the WWF for review and
approval. Product evaluation under actual field-testing may be required by the WWF. The
vendor or manufacturer of the biological product will reimburse all expenses for WWF field
training [testing]. Final product approval will be given in writing by the WWF.
(c) Garbage disposal installation. The installation of garbage disposals into any food facility
is prohibited.
(1) Grease trap design. Grease traps are required to comply with current city design and
installation specifications. The specifications are available from the City of Titusville
Water Resources Department. Any new or existing facility that is required to install a
grease trap is required to submit the grease trap design to the city for review. The
grease trap design must be approved by the city prior to construction and/or
installation.
(d) (2)Interceptor maintenance report. It will be the responsibility of the facility to contract with a
local licensed septic pumping contractorhauler and maintain a record of each grease trap
pump-out. It is required that each grease trap be inspected and certified on an annual basis
by both the licensed septic pumping contractorhauler and the designee of the city
manager. A grease trap pump-out will be required on a monthly basis or as required by
past grease productionas provided by a design professional for the permit submittal. All
grease trap pump-out records and annual grease trap inspection receipt will need to be
displayed along with health department inspection certification. Failure to do so will result in
required grease trap pump-out, and if not complete within ten (10) days, a fine of three
hundred fifty dollars ($350.00) or a fine up to ten thousand dollars ($10,000.00) if not
completed within thirty (30) days. If upon inspection, the grease trap is found to have over
eleven (11) inches of solids in the bottom of the grease trap or a grease cap of over three
(3) inches or the facility exceeds discharge compliance levels, based upon grease trap
effluent sampling, the pretreatment representative can require a grease trap pumped out,
cleaned and transported to a designated disposal site. Each facility is responsible for their
wastewater discharge quality and the proper disposal of their grease trap contents. Failure
to comply with either effluent discharge levels or proper legal disposal of grease trap
contents may result in possible fines not to exceed ten thousand dollars ($10,000.00).
(e)(3) Program monitoring. It is the responsibility of each facility to maintain their effluent
discharge quality. Failure to do so may result in monthly effluent sampling by the
pretreatment department. Surcharge and fines shall be assessed on the parameters listed
in the City of Titusville Pretreatment Program Reference Manual. Each violation will be
based on the total water consumption and the impact on the wastewater collection and
treatment system by the facility. All surcharges and/or fines will be added to the facility's
monthly water bill for payment.

Grease Interceptor Code of Ordinances

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Section 2. SEVERABILITY. If any provision of this Ordinance is for any reason held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.

Section 3: REPEAL OF CONFLICTING ORDINANCES. All ordinances or parts of

ordinances, and all resolutions and parts of resolutions, in conflict herewith are hereby repealed
to the extent of such conflict.

Section 4. EFFECTIVE DATE. This Ordinance shall be become in full force and effect
upon adoption by the City Council in accordance with the Charter of the City of Titusville, Florida.

Section 5. INCORPORATION INTO THE CODE. This ordinance shall be incorporated

into the City of Titusville Code of Ordinances 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 Code may be made.

PASSED AND ADOPTED this ________ day of ______________, 2021.

____________________________

Daniel E. Diesel, Mayor

ATTEST:

__________________________________

Wanda F. Wells, City Clerk

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Category: 12.
Item: A.
City of Titusville

To: The Honorable Mayor and City Council

From: William S. Larese, City Manager
Subject: Sand Point Park Sewer Spill Update
Department/Office: Water Resources

Recommended Action:
Authorize the City Manger to execute Consent Order 21-0113 with the Florida Department
Environmental Protection.

Summary Explanation & Background:

Over a five-day period, the City of Titusville Water Resources Department worked to complete
one of the most complex repairs of its wastewater system experienced in 20 years: a leak in a
sanitary sewer main located 10 feet below the surface of a stormwater pond and covered in a
concrete slab. Titusville was able to contain the majority of the discharge from the spill in the
stormwater pond in which the sewer main was located and in a nearby stormwater pond by
constructing an earthen dam, thereby minimizing the impact to the Indian River Lagoon. An
estimated 7.2 million gallons of wastewater was discharged during this event and approximately
3.3 million gallons of contaminated water from the ponds has been recovered and sent to the
City’s reclaimed water facilities for treatment. An investigation as to the cause of the pipe failure
concluded that the force main failed as a result of improper installation during construction in
1998.

Following the spill multiple bubbler aeration systems were installed in all three stormwater
ponds to accelerate the cleansing process and thus, the recovery of the water quality in the
ponds. Titusville also delayed reconnecting the two Sand Point Park stormwater treatment
ponds to the lagoon long beyond the point at which bacteria levels had returned to normal. This
water was held and managed by the the City within the ponds until April 24, 2021 so that the
maximum amount of treatment possible could occur. Before the ponds were reconnected to
the Indian River Lagoon the bacteria and nutrient levels had returned to normal.

To resolve the unauthorized discharge, the Florida Department of Environmental Protection has
issued Consent Order 21-0113 to the City of Titusville. The Consent Order includes a
monetary penalty and a number of programmatic and capital improvement requirements. The
monetary penalty was mitigated through a pollution prevention project with the installation of
Beemats. In May of 2021 the City contracted installation of Beemats in both Sand Point Park
stormwater treatment ponds. The Beemats will remove nitrogen and phosphorus from the
water. The programmatic and capital improvements are under design and funding for the

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completion of those projects is included in the FY 2022 proposed budget.

Therefore it is recommended City Council authorize the City Manger to execute Consent Order
21-0113 with the the Florida Department Environmental Protection.

Alternatives:
Do not authorize the City Manager to execute the Consent Order

Item Budgeted:
NA

Source/use of funds/Budget Book Page:

This action requires no funding

Strategic Plan:

Strategic Plan Impact:

ATTACHMENTS:
Description Upload Date Type
Consent Order OGC No. 21-0113 6/2/2021 Backup Material

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BEFORE THE STATE OF FLORIDA

DEPARTMENT OF ENVIRONMENTAL PROTECTION

STATE OF FLORIDA DEPARTMENT ) IN THE OFFICE OF THE

OF ENVIRONMENTAL PROTECTION ) CENTRAL DISTRICT
)
v. ) OGC FILE NO. 21-0113
)
CITY OF TITUSVILLE )
)

CONSENT ORDER
This Consent Order (Order) is entered into between the State of Florida Department of
Environmental Protection (Department) and City of Titusville (Respondent) to reach
settlement of certain matters at issue between the Department and Respondent.
The Department finds and Respondent admits the following:
1. The Department is the administrative agency of the State of Florida having the
power and duty to protect Florida’s air and water resources and to administer and enforce the
provisions of Chapter 403, Florida Statutes (F.S.), and the rules promulgated and authorized in
Title 62, Florida Administrative Code (F.A.C.). The Department has jurisdiction over the
matters addressed in this Order.
2. Respondent is a person within the meaning of Section 403.031(5), F.S.
3. Respondent is the owner and is responsible for the operation of the Titusville
North-Osprey Wastewater Treatment Facility and associated collection/transmission system, a
2.75 million gallon per day (MGD) annual average daily flow (AADF) domestic wastewater
treatment facility with biological phosphorous and nitrogen removal treatment system,
consisting of influent screening, grit removal, odor control, dual anaerobic basins, multiple
anoxic/oxic basins, dual secondary clarification, chemical feed facilities, dual disk filtration
units with a sand filter backup, dual chlorination chambers, aerobic digestion with belt press
dewatering and supplies water to public access reuse areas with permitted intermittent
discharges via designated stormwater ponds to the Indian River Lagoon a Class II Marine and
Outstanding Florida Water body (Facility). The Facility is operated under Wastewater Permit

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Consent Order, OGC No. 21-0113
Page 2

No. FL0103268 (Permit), which was issued on December 19, 2019 and will expire on January 5,
2025. The Facility is located at 1105 Buffalo Road, Titusville, in Brevard County, Florida
(Property). Respondent owns the Property on which the Facility is located.
4. The Department finds that the following violation(s) occurred:
a) The facility had an unauthorized discharge that occurred between
December 16, 2020, through December 23, 2020, that resulted in the release of 7.2 million
gallons of raw sewage to stormwater ponds at Sand Point Park located at 101 N Washington
Ave., Titusville, FL, due to a damaged force main underneath the western stormwater pond at
Sand Point Park, in violation of Chapter 62-604.130(1), F.A.C. The discharge was reported to
the Public Notice of Pollution site under incident #8741 and to the State Watch Office under
incident #2020-6892.
5. The Department finds that the following violation(s) occurred:
a) The facility had an unauthorized discharge that occurred between
December 16, 2020, through December 19, 2020, that resulted in the release of an unknown
quantity of raw sewage to the Indian River Lagoon, a Class II Marine and Outstanding Florida
Water body, due to a damaged force main underneath the western stormwater pond at Sand
Point Park, in violation of Chapter 62-604.130(1), F.A.C. The discharge was reported to the
Public Notice of Pollution site under incident #8741 and to the State Watch Office under
incident #2020-6892.
b) On December 23, 2020, surface water samples collected downstream of the
Indian River Lagoon outfalls exceeded the criteria for surface water quality classifications for
e. coli in which the ten percent threshold value of 410 cfu/100mL shall not be exceeded, in
violation of Chapter 62-302.530, F.A.C.
Having reached a resolution of the matter Respondent and the Department mutually
agree and it is
ORDERED:
6. Respondent shall comply with the following corrective actions within the stated
time periods:

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Page 3

a) Within 90 days of the effective date of this Consent Order, the

Respondent shall complete implementation of the newly designed early warning system for
the Facility. The new system will monitor flow on an hourly and daily basis and do automatic
trend comparisons with the previous 7-day average and notify facility staff if significant
changes in flow are recorded.
b) Within 120 days of the effective date of this Consent Order, Respondent
shall complete an assessment of each of the eighteen (18) areas noted in Exhibit B where force
mains either cross or run parallel to ditches, ponds, or streams. Each will be excavated and
inspected for various factors including the presence of concrete, external condition, status of
isolation valves, warning signs, and other conditions of concern. The Respondent will record
the conditions found with photographs at each of the sites. The assessment process will also
identify those force mains that will be inspected on an annual basis. The assessment shall be
done in sufficient detail that the resulting information can be used to prioritize and schedule
improvements and preventive maintenance. Assessment shall include a file review of
collection system installation records to identify water body crossings that were installed by
the same contractor that installed the compromised force main underneath the pond described
in paragraph 4(a).
c) Within 180 days of the effective date of this Consent Order, Respondent
shall submit to the Department a report summarizing the results of the assessment, identifying
areas of highest vulnerability for failure resulting in unauthorized discharges, and outlining
Respondent’s plan to repair, rehabilitate, or replace the most vulnerable water body crossings
in the system.
d) Within 180 days of the effective date of this Consent Order, Respondent
shall submit to the Department a detailed program plan and implementation schedule for a
Capacity, Management, Operations and Maintenance and Asset Management Program
(CMOM and AM Program). The CMOM and AM Program shall be scaled to fit the
Respondent’s collection system associated with the Facility and shall be designed to keep the
collection system and wastewater treatment and disposal facility operating properly at all

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times. The CMOM and AM Program shall be consistent with the United States Environmental
Protection Agency’s guidance contained in the references below
(i) EPA’s CMOM Program Self-Assessment Checklist
https://www.epa.gov/sites/production/files/2015-10/documents/cmomselfreview.pdf
(ii) Guide for Evaluating Capacity, Management, Operation, and
Maintenance (CMOM) Programs at Sanitary Sewer Collection Systems, EPA 305-B-05-002,
https://www.epa.gov/sites/production/files/2015-
10/documents/cmom_guide_for_collection_systems.pdf
(iii) Asset Management: a Best Practices Guide, EPA 816-F-08-014,
https://nepis.epa.gov/Exe/ZyPDF.cgi/P1000LP0.PDF?Dockey=P1000LP0.PDF
e) The CMOM and AM Program shall include the elements listed below:
(i) an Information Management System element that maintains
detailed information on location, type, capacity, age, condition, failure history, maintenance
history, and projected maintenance or replacement schedule for each component as
determined by manufacturers’ recommendations and information on actual condition and
performance, Operations and Maintenance Manuals, including the information developed
through the Mapping and Inventory and the Assessment of the collection system,
(ii) an Inspection and Surveillance Program Element to monitor flows
and the condition and performance of collection system components by remote monitoring
and telemetry via a SCADA system, on-site inspections, and other means as applicable to each
component, with an automatic alarm or alert system (e.g., autodialers) to notify staff when a
malfunction occurs that compromises operation,
(iii) a Security and Emergency Management Program Element that
incorporates the SORP and EOP and addresses routine security throughout the system,
(iv) an Infiltration and Inflow (I & I) Reduction Program Element to
identify and eliminate sources of water other than domestic wastewater or authorized
industrial wastewater flows entering the collection system

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Page 5

(v) a Fats, Oils, and Grease (FOG) Control Program Element, including
regulation of customers’ grease traps via municipal ordinance or any other measures to
prevent excessive loading of FOG into the wastewater treatment facility,
(vi) a Corrosion Control Program Element to control hydrogen sulfide
and any other corrosive gases or liquids that have been found to deteriorate the system,
(vii) a Spare Parts Inventory Program Element, to prevent delays in
responding to emergencies by maintaining a stock of commonly-used or hard-to-acquire
critical spare parts and expediting internal processes for authorization, documentation,
deployment, and restocking,
(viii) a Repair and Rehabilitation Program Element to promptly address
existing or imminent failures and malfunctions,
(ix) a Preventive Maintenance Program Element that schedules
maintenance, replacements, and upgrades based on the information gathered under this
Paragraph and integrated in the Information Management System,
(x) an Asset Management Program Element that plans for and funds
the repairs, replacements, upgrades, and expansions of equipment and structures projected to
be needed by the system during the next 3 years.
(xi) a schedule for implementing each of the elements in this
Paragraph, with all elements implemented no later than December 31, 2022.
f) Within 365 days of effective date of the Order, Respondent shall develop
and implement a new specification that requires all future force main water body crossings to
be constructed above ground. This action will eliminate the difficulties of repairing a force
main underwater; greatly simplify inspection and maintenance processes; and eliminate the
threat of accidental damage during ditch cleaning.
g) By December 1, 2022, the facility shall address all areas requiring
immediate attention that were identified in the assessment described in paragraph 5(b).
h) By December 1, 2023, the facility shall complete force main replacement
along highway US-1 from South Street to the facility (Exhibit C).

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Page 6

7. Every calendar quarter after the effective date of this Order and continuing until
all corrective actions have been completed, Respondent shall submit to the Department a
written report containing information about the status and progress of projects being
completed under this Order, information about compliance or noncompliance with the
applicable requirements of this Order, including construction requirements and effluent
limitations, and any reasons for noncompliance. These reports shall also include a projection
of the work Respondent will perform pursuant to this Order during the 12-month period
which will follow the report. Respondent shall submit the reports to the Department within 30
days of the end of each quarter.
8. Notwithstanding the time periods described in the paragraphs above,
Respondent shall complete all corrective actions required by paragraphs 5-6 by December 31,
2023 and be in full compliance with Rule 62-620, F.A.C., regardless of any intervening events
or alternative time frames imposed in this Order, other than those excused delays agreed to by
the Department, as described in paragraph 18.
9. Within 90 days of the effective date of this Order, Respondent shall pay the
Department $200,000.00 in settlement of the regulatory matters addressed in this Order. This
amount includes $199,000.00 for civil penalties and $1,000.00 for costs and expenses incurred
by the Department during the investigation of this matter and the preparation and tracking of
this Order. The civil penalty in this case includes 15 violations that each warrant a penalty of
$2,000.00 or more.
10. Respondent agrees to pay the Department stipulated penalties as defined in the
schedules below:
a) $1,000.00 per day for each and every day Respondent fails to timely
comply with any of the requirements of subparagraphs 5-6 of this Order.
b) For unauthorized discharges from any part of Respondent’s wastewater
collection system or wastewater treatment and disposal facilities, Respondent agrees to pay
stipulated penalties to the Department as follows:

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Page 7

(i) Stipulated penalties shall be assessed according to the volume of

the discharge and the number of days the discharge continued and/or impacted surface water,
as shown below:
Amount per day per Discharge or
Amount per day per Water Quality Violation Discharge Volume
$750.00 Up to 1,000 gallons
$1,500.00 1,001 to 10,000 gallons
$3,750.00 10,001 to 50,000 gallons
$7,500.00 50,001 to 100,000 gallons
$15,000.00 in excess of 100,000 gallons

c) The Department may demand stipulated penalties at any time after

violations occur. Respondent shall pay stipulated penalties owed within 30 days of the
Department’s issuance of written demand for payment, and shall do so as further described in
paragraph 14, below. Nothing in this paragraph shall prevent the Department from filing suit
to specifically enforce any terms of this Order. Any stipulated penalties assessed under this
paragraph shall be in addition to the civil penalties agreed to in paragraph 8 of this Order.
11. Within 30 days of the effective date of this Order or within 30 days of written
demand by the Department for stipulated penalties assessed under this Order, Respondent
may elect, at the Department’s discretion, to off-set any portion of the $199,000.00 in civil
penalties assessed in paragraph 9 herein and/or any portion of stipulated penalties assessed
by the Department under paragraph 10 herein, by implementing a Pollution Prevention (P2)
Project, as set out herein.
a) A P2 project, which must be approved by the Department, is a process
improvement that reduces the amount of pollution that enters the environment; by conserving
resource (including water, raw materials, chemicals, and energy) use, or by minimizing waste
generation (including domestic and industrial wastewater, solid and hazardous waste, and air
emissions). A P2 Project must reduce pollution or waste within the process beyond what is

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Page 8

required by federal, state, or local law, in order to be eligible for civil penalty offset under this
Order.
b) If Respondent chooses to implement a P2 Project, Respondent shall notify
the Department of its election by certified mail within 15 days of the effective date of this
Order. Within 30 days of the effective date of this Order, Respondent must pay a total of
$1,000.00 for costs and expenses incurred by the Department, during the investigation of this
matter, and the preparation and tracking of this Order.
12. If Respondent elects to implement a P2 Project as provided in Paragraph 10,
Respondent shall submit a completed P2 Project Plan (Plan) within 60 days of the effective
date of this Order. The Plan must be completed using Exhibit A, “P2 Project Plan” template.
13. In the event the Department requires additional information to process the
Plan described in Paragraph 11, Respondent shall provide a modified Plan containing the
information requested by the Department within 30 days of the date of the request.
14. If any balance remains after the entire P2 credit is applied to the allowable
portion of the civil penalty, Respondent shall pay the difference within 30 days of written
notification by the Department to Respondent that the balance is due.
15. Respondent shall make all payments required by this Order by cashier's check,
money order or on-line payment. Cashier’s check or money order shall be made payable to
the “Department of Environmental Protection” and shall include both the OGC number
assigned to this Order and the notation “Water Quality Assurance Trust Fund.” Online
payments by e-check can be made by going to the DEP Business Portal at:
http://www.fldepportal.com/go/pay/. It will take a number of days after this order is
final, effective and filed with the Clerk of the Department before ability to make online
payment is available.
16. Except as otherwise provided, all submittals and payments required by this
Order shall be sent to [email protected] and copied to Daniel Hall, CAP Manager,
Department of Environmental Protection, Central District, 3319 Maguire Blvd., Suite 232,
Orlando, FL 32803.

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Page 9

17. Respondent shall allow all authorized representatives of the Department access
to the Facility and the Property at reasonable times for the purpose of determining compliance
with the terms of this Order and the rules and statutes administered by the Department.
18. In the event of a sale or conveyance of the Facility or of the Property upon which
the Facility is located, if all of the requirements of this Order have not been fully satisfied,
Respondent shall, at least 30 days prior to the sale or conveyance of the Facility or Property,
(a) notify the Department of such sale or conveyance, (b) provide the name and address of the
purchaser, operator, or person(s) in control of the Facility, and (c) provide a copy of this Order
with all attachments to the purchaser, operator, or person(s) in control of the Facility. The sale
or conveyance of the Facility or the Property does not relieve Respondent of the obligations
imposed in this Order.
19. If any event, including administrative or judicial challenges by third parties
unrelated to Respondent, occurs which causes delay or the reasonable likelihood of delay in
complying with the requirements of this Order, Respondent shall have the burden of proving
the delay was or will be caused by circumstances beyond the reasonable control of Respondent
and could not have been or cannot be overcome by Respondent's due diligence. Neither
economic circumstances nor the failure of a contractor, subcontractor, materialman, or other
agent (collectively referred to as “contractor”) to whom responsibility for performance is
delegated to meet contractually imposed deadlines shall be considered circumstances beyond
the control of Respondent (unless the cause of the contractor's late performance was also
beyond the contractor's control). Upon occurrence of an event causing delay, or upon
becoming aware of a potential for delay, Respondent shall notify the Department by the next
working day and shall, within seven calendar days notify the Department in writing of (a) the
anticipated length and cause of the delay, (b) the measures taken or to be taken to prevent or
minimize the delay, and (c) the timetable by which Respondent intends to implement these
measures. If the parties can agree that the delay or anticipated delay has been or will be
caused by circumstances beyond the reasonable control of Respondent, the time for
performance hereunder shall be extended. The agreement to extend compliance must identify

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the provision or provisions extended, the new compliance date or dates, and the additional
measures Respondent must take to avoid or minimize the delay, if any. Failure of Respondent
to comply with the notice requirements of this paragraph in a timely manner constitutes a
waiver of Respondent's right to request an extension of time for compliance for those
circumstances.
20. The Department, for and in consideration of the complete and timely
performance by Respondent of all the obligations agreed to in this Order, hereby conditionally
waives its right to seek judicial imposition of damages or civil penalties for the violations
described above up to the date of the filing of this Order. This waiver is conditioned upon
Respondent’s complete compliance with all of the terms of this Order.
21. This Order is a settlement of the Department’s civil and administrative authority
arising under Florida law to resolve the matters addressed herein. This Order is not a
settlement of any criminal liabilities which may arise under Florida law, nor is it a settlement
of any violation which may be prosecuted criminally or civilly under federal law. Entry of this
Order does not relieve Respondent of the need to comply with applicable federal, state, or
local laws, rules, or ordinances.
22. The Department hereby expressly reserves the right to initiate appropriate legal
action to address any violations of statutes or rules administered by the Department that are
not specifically resolved by this Order.
23. Respondent is fully aware that a violation of the terms of this Order may subject
Respondent to judicial imposition of damages, civil penalties up to $15,000.00 per day per
violation, and criminal penalties.
24. Respondent acknowledges and waives its right to an administrative hearing
pursuant to sections 120.569 and 120.57, F.S., on the terms of this Order. Respondent also
acknowledges and waives its right to appeal the terms of this Order pursuant to section 120.68,
F.S.
25. Electronic signatures or other versions of the parties’ signatures, such as .pdf or
facsimile, shall be valid and have the same force and effect as originals. No modifications of

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the terms of this Order will be effective until reduced to writing, executed by both Respondent
and the Department, and filed with the clerk of the Department.
26. The terms and conditions set forth in this Order may be enforced in a court of
competent jurisdiction pursuant to sections 120.69 and 403.121, F.S. Failure to comply with the
terms of this Order constitutes a violation of section 403.161(1)(b), F.S.
27. This Consent Order is a final order of the Department pursuant to section
120.52(7), F.S., and it is final and effective on the date filed with the Clerk of the Department
unless a Petition for Administrative Hearing is filed in accordance with Chapter 120, F.S.
Upon the timely filing of a petition, this Consent Order will not be effective until further order
of the Department.
28. Respondent shall publish the following notice in a newspaper of daily circulation
in Brevard County, Florida. The notice shall be published one time only within 30 days of the
effective date of the Order. Respondent shall provide a certified copy of the published notice
to the Department within 10 days of publication.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF CONSENT ORDER
The Department of Environmental Protection (“Department”) gives notice of agency
action of entering into a Consent Order with CITY OF TITUSVILLE pursuant to section
120.57(4), Florida Statutes. The Consent Order addresses the sanitary sewer overflows at Sand
Point Park at 101 N Washington Ave., Titusville, FL, that discharged to the Indian River
Lagoon. The Consent Order is available for public inspection during normal business hours,
8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays, at the Department of
Environmental Protection, Central District, 3319 Maguire Blvd., Suite 232, Orlando FL 32803.
Persons who are not parties to this Consent Order, but whose substantial interests are
affected by it, have a right to petition for an administrative hearing under sections 120.569 and
120.57, Florida Statutes. Because the administrative hearing process is designed to formulate
final agency action, the filing of a petition concerning this Consent Order means that the
Department’s final action may be different from the position it has taken in the Consent Order.

DW/CO February 2021

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DEP vs. City of Titusville
Consent Order, OGC No. 21-0113
Page 12

The petition for administrative hearing must contain all of the following information:
a) The OGC Number assigned to this Consent Order;

b) The name, address, and telephone number of each petitioner; the name, address,
and telephone number of the petitioner’s representative, if any, which shall be the
address for service purposes during the course of the proceeding;

c) An explanation of how the petitioner’s substantial interests will be affected by the

Consent Order;

d) A statement of when and how the petitioner received notice of the Consent Order;

e) Either a statement of all material facts disputed by the petitioner or a statement that
the petitioner does not dispute any material facts;

f) A statement of the specific facts the petitioner contends warrant reversal or

modification of the Consent Order;

g) A statement of the rules or statutes the petitioner contends require reversal or

modification of the Consent Order; and

h) A statement of the relief sought by the petitioner, stating precisely the action
petitioner wishes the Department to take with respect to the Consent Order.

The petition must be filed (received) at the Department's Office of General Counsel,
3900 Commonwealth Boulevard, MS# 35, Tallahassee, Florida 32399-3000 or received via
electronic correspondence at [email protected], within 21 days of receipt of this
notice. A copy of the petition must also be mailed at the time of filing to the District Office at
Central District, 3319 Maguire Blvd., Suite 232, Orlando, FL 32803. Failure to file a petition
within the 21-day period constitutes a person’s waiver of the right to request an administrative
hearing and to participate as a party to this proceeding under sections 120.569 and 120.57,
Florida Statutes. Before the deadline for filing a petition, a person whose substantial interests
are affected by this Consent Order may choose to pursue mediation as an alternative remedy
under section 120.573, Florida Statutes. Choosing mediation will not adversely affect such

DW/CO February 2021

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DEP vs. City of Titusville
Consent Order, OGC No. 21-0113
Page 13

person’s right to request an administrative hearing if mediation does not result in a settlement.
Additional information about mediation is provided in section 120.573, Florida Statutes and
Rule 62-110.106(12), Florida Administrative Code.
29. Rules referenced in this Order are available at
http://www.dep.state.fl.us/legal/Rules/rulelist.htm

FOR THE RESPONDENT:

__________________________________________
Scott Larese Date
Titusville City Manager

DONE AND ORDERED this ____ day of _________________, 2021, in Orange County,
Florida.

STATE OF FLORIDA DEPARTMENT

OF ENVIRONMENTAL PROTECTION

____________________________________
Aaron Watkins
District Director
Central District

Filed, on this date, pursuant to section 120.52, F.S., with the designated Department Clerk,
receipt of which is hereby acknowledged.

________________________________ _____________________
Clerk Date

Copies furnished to:

Lea Crandall, Agency Clerk

Mail Station 35

DW/CO February 2021

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City Council Regular - June 8, 2021 - 6:30 PM

Exhibit A

Pollution Prevention Project

Plan

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Exhibit A

P2 Project Summary (Summary)

(Note: Provide the information specified and delete existing text within parentheses)
(Facility Name)
(Address)
(Telephone)
(Preparer Name/Title)

A. Project Description: (Summarize P2 Projects selected. Describe the processes

or operations to be modified, and the specific changes to be made. Include details such as
the specific equipment to be installed, materials to be substituted, and the actual changes
to be made to processes or operations. Include manufacturer or vendor information, and
specifications.)

B. Environmental and Economic Benefits: (Explain why and how each Project
proposed constitutes P2.

Specify how each material, chemical, water and energy is saved, and from which
processes or operations. Specify how each solid and hazardous waste, industrial
wastewater and air emissions is generated, the waste type, and from which processes or
operations. Describe generally in paragraph format.

Estimate the annual savings in resources - raw materials, chemicals, water, and energy at
the process or operation front end. Estimate the annual reductions in wastes - solid and
hazardous waste, wastewater, and air emission reductions at the process or operation back
end.

Figures quoted should represent weights or volumes annually, and should be equalized
for production rate changes. Associated cost savings should be included. Describe
specifically using the tables provided.

Complete the first table for each Project individually. Add or average corresponding
figures from each Project table to complete the Summary table, for multiple Projects.)
(Project Name)
Annual Resource Consumption Comparison
Quantity Used (gal/lb/kwh-specify) Purchasing Cost ($) Percent
Item (%)
Before After Reduction Before After Reduction Reduction
Water
Chemicals
Materials
Energy
Total Annual Cost Savings =
Annual Waste Generation Comparison

P2 Project Summary Template REV. 12/14

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Quantity Generated (gal/lb/tons-specify) Disposal Cost ($) Percent

Item (%)
Before After Reduction Before After Reduction Reduction
Hazardous Waste
Industrial Wastewater
Solid Waste
Air Emissions
Total Annual Cost Savings =
Total Annual Avoided Cost Savings =

Summary of All P2 Projects

Annual Resource Consumption Comparison
Quantity Used (gal/lb/kwh-specify) Purchasing Cost ($) Percent
Item (%)
Before After Reduction Before After Reduction Reduction
Water
Chemicals
Materials
Energy
Total Annual Cost Savings =
Annual Waste Generation Comparison
Quantity Generated (gal/lb/tons-specify) Disposal Cost ($) Percent
Item (%)
Before After Reduction Before After Reduction Reduction
Hazardous Waste
Industrial Wastewater
Solid Waste
Air Emissions
Total Annual Cost Savings =
Total Annual Avoided Cost Savings =

C. Project Cost: (Include per Project the itemized, subtotal and Project total costs.
A projected payback period in months or years needs to be included.

Provide a grand total cost for all Projects and an averaged projected payback period, for
multiple Projects. Use list or table format for all.)

D. Project Reporting:
1. Within __ days of completing the P2 Project, the Respondent shall submit
to the Department a P2 Project Final Report that includes the following:
a. A confirmation that the information presented in Sections A-C of
the Summary is unchanged, or an updated version with the sections changed

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City Council Regular - June 8, 2021 - 6:30 PM

appropriately. A statement that the Project(s) was/were implemented successfully. An

explanation of any problems encountered and corrections applied. A statement indicating
the date the Project was started and also the date completed.
b. Attached expense reports, receipts, purchasing instruments and
other documents itemizing costs expended on preparing and implementing the Project.
2 The Department shall review the Final Report and determine:
a. Whether the project was properly implemented; and
b. Which expenses apply toward pollution prevention credits.
3. A $1.00 pollution prevention credit for each $1.00 spent on applicable
costs will be applied against the portion of the civil penalty that can be offset.
a. The following costs are applicable as P2 credits toward the civil
penalty offset amount:
i. Preparation of the P2 Project;
ii. Design of the P2 Project;
iii. Installation of equipment for the P2 Project;
iv. Construction of the P2 Project;
v. Testing of the P2 Project;
vi. Training of staff concerning the implementation of the P2
Project; and
vii. Capital equipment needed for the P2 Project.
b. The following costs shall not apply as P2 credits toward the civil
penalty offset amount:
i. Costs incurred in conducting a waste audit;
ii. Maintenance and operation costs involved in implementing the
P2 Project;
iii. Monitoring and reporting costs;
iv. Salaries of employees who perform their job duties;
v. Costs expended to bring the facility into compliance with
current law, rules and regulations;
vi. Costs associated with a P2 Project that is not implemented;
vii. Costs associated with a P2 Project that has not been approved
by the Department; and
viii. Legal costs.
c. If any balance remains after the entire P2 credit is applied to the
allowable portion of the civil penalty, Respondent shall pay the difference within 30 days
of written notification by the Department to the Respondent that the balance is due.
4. The Department may terminate the P2 Project at any time during the
development or implementation of it, if the Respondent fails to comply with the
requirements in this document, act in good faith in preparing and implementing the
project, or develop and implement the P2 Project in a timely manner. The Respondent
may terminate the P2 Project at any time during its development or implementation.
5. If the P2 Project is terminated for any reason, Respondent shall pay the
full balance of the allowable portion of the civil penalty within 10 days of written
demand by the Department.

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Exhibit B

Force Main Water

Crossings List

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Descriptive Name Type of Risk Risk Location Size Material Force or Gravity Flow Direction Public or Private

Sand Point West Pond Crossing Indian River 14 inch DIP Force IRL Public

Pier 220 Crossing Indian River 2 PVC Force IRL Public

Main St and Indian River Ave Parallel Indian River 10 CIP Force IRL Public

Riverside Drive Parallel Indian River 8 inch, 10 PVC CIP Force IRL Public

Olmstead Drive Parallel Indian River 4 inch CIP Force IRL Public

San Mateo LS Parallel Ditch 6 inch PVC Force IRL Public

Plantation Oaks LS Parallel Ditch 6 inch PVC Force IRL Public

Valley Forge Drive Crossing Ditch Unknown Unknown Force St Johns Public

Zoltan Drive Crossing Ditch 6 inch PVC Force St Johns Public

Ivory Way Crossing Ditch 4 inch PVC Force St Johns Public

Sleepy Hollow Parallel Ditch 4 inch PVC Force St Johns Public

Country Club Drive Parallel Ditch 12 inch Unknown Force St Johns Public

Park Ave and Knox McRae Parallel Pond 4 inch PVC Force St Johns Public

Cheney to Columbia Parallel Ditch 24 inch PVC Force St Johns Public

Marina Road Parallel Indian River 10, and double barrel 14 inch CIP Force IRL Public

N Singleton Ave Crossing Ditch 8 inch CIP Force St Johns Public

Chain of Lakes Crossing Ditch 3 inch PVC Force IRL Private

Chain of Lakes 3 Crossing Ditch 3 inch PVC Force IRL Private

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Exhibit C

Force Main
Replacement Map

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City Council Regular - June 8, 2021 - 6:30 PM

Category: 14.
Item: A.
City of Titusville

To: The Honorable Mayor and City Council

From: William S. Larese, City Manager
Subject: Mayor's Report
Department/Office: City Manager

Recommended Action:
The Mayor's Report is included in the agenda packet.

Summary Explanation & Background:

N/A

Alternatives:
N/A

Item Budgeted:
NA

Source/use of funds/Budget Book Page:

N/A

Strategic Plan:

Strategic Plan Impact:

N/A

ATTACHMENTS:
Description Upload Date Type
Mayor's Report 6/2/2021 Backup Material

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City Council Regular - June 8, 2021 - 6:30 PM

MAYOR’S REPORT
June 8, 2021
MISCELLANEOUS/ANNOUNCEMENTS

May 28, 2021

Titusville High School Graduation
Al Werneke Field

May 29, 2021

Breakfast with the Homeless
First Methodist Church

Mangrove Planting
Sand Point Park – Pavilion 9

Community Gathering at the Park with Pastor Mallet, Antioch Christian Fellowship
Blanton Park

Astronaut High School Graduation

Storey-Taylor Stadium

June 3, 2021
Titusville Business Friends
La Cita Country Club

Jun 7, 2021
Summer Youth Orientation
Fire Department Multi-Purpose Room

LETTERS FOR CITY COUNCIL APPROVAL - None

AWARDS AND RECOGNITIONS PRESENTED – None

PROCLAMATION – Flag Day, June 14, 2021

CITY COUNCIL AUTHORIZATION – None

TRAVEL EXPENSES FOR CITY COUNCIL APPROVAL – None

MISCELLANEOUS – None

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City Council Regular - June 8, 2021 - 6:30 PM

Category: 14.
Item: B.
City of Titusville

To: The Honorable Mayor and City Council

From: William S. Larese, City Manager
Subject: Council Reports
Department/Office: City Manager

Recommended Action:
City Council Members will provide their individual reports.

Summary Explanation & Background:

N/A

Alternatives:
N/A

Item Budgeted:
NA

Source/use of funds/Budget Book Page:

N/A

Strategic Plan:

Strategic Plan Impact:

N/A

ATTACHMENTS:
Description Upload Date Type
No Attachments Available

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City Council Regular - June 8, 2021 - 6:30 PM

Category: 15.
Item: A.
City of Titusville

To: The Honorable Mayor and City Council

From: William S. Larese, City Manager
Subject: City Manager's Report
Department/Office: City Manager

Recommended Action:
The City Manager's Report is included in the agenda packet.

Summary Explanation & Background:

N/A

Alternatives:
N/A

Item Budgeted:
NA

Source/use of funds/Budget Book Page:

N/A

Strategic Plan:

Strategic Plan Impact:

N/A

ATTACHMENTS:
Description Upload Date Type
City Manager's Report 6/3/2021 Backup Material
Revised 21-22 Funding Allocations 6/3/2021 Backup Material
Titusville Development Update as of 1 Jun 6/2/2021 Backup Material
2021
Allocations for Office of Community

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Planning - Development Programs 6/3/2021 Backup Material
Titusville Approval NSP Program Income 6/3/2021 Backup Material
Transfer Letter

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City Council Regular - June 8, 2021 - 6:30 PM
MEMORANDUM

June 8, 2021

TO: The Honorable Mayor and City Council

FROM: Scott Larese, City Manager

SUBJECT: City Manager’s Report

The following is my report for Council’s regular meeting of June 8, 2021:

A. ACTION ITEMS

None to Report

B. INFORMATIONAL ITEMS

1. FY 22 City of Titusville CDBG Allocation

In a notice dated May 13, 2021, the U.S. Department of Housing and Urban Development (HUD) notified
the City of a calculation error to the formula determining the City’s CDBG grant allocation for next
year. As a result, the correction has provided an additional $4878.00 in grant revenue for next year’s
CDBG program. The Neighborhood Services Director has provided an updated distribution sheet that
accounts for the changes to the funding levels for each program. This revised sheet also includes the
previously approved transferred NSP3 program income (HUD approval attached). Notable increases for
next year’s CDBG program includes the ability to fully fund Family Promise of Brevard with the
additional $731 in regular CDBG funds and $2916 of NSP3 transferred program income; increasing the
target area projects to $260,211 with the additional $3172 from CDBG and $41,876 from transferred
program income; and $975 for administrative functions.

2. Titusville Development Update – June 1, 2021

Included in this agenda package is a City Development update as of June 1st 2021. There are currently
46 projects in various stages of development throughout the city.

Should you desire additional information about these projects please visit our website at:
https://titusville.maps.arcgis.com/apps/Shortlist/index.html?appid=d04e00425e844c7dbaa789d099f8581
e

Special Meetings and Events

2021 Red, White and Boom! Chain of Lakes

Celebration July 4, 2021
7:00 pm – 9:30 pm

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FY 22 Budget Workshop City Hall

August 11, 2021
5:00 pm

FY 22 Budget City Hall

First Public Hearing September 7, 2021
5:30 pm

FY 22 Budget City Hall

Final Public Hearing September 15, 2021
5:30 pm

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6/3/21 12:32 PM
City Council Regular - June 8, 2021 - 6:30 PM

FY 21/22 Community Development Block Grant (CDBG)

ACTION PLAN
PUBLIC SERVICES ACTIVITIES:
MAX 15%

Women’s Center – Domestic Violence Services Program $ 16,300.00

Aging Matters – Meals on Wheels Senior Nutrition Program $ 10,000.00
Family Promise of Brevard- Homeless Support Services $ 27,000.00*
TOTAL $ 53,300.00

*an increase of $731.00 in regular CDBG due to allocation correction, and an additional $2916 of transferred NSP3 program
income which will fully fund the subrecipient’s request for funding

HOUSING & INFRASTRUCTURE PROGRAMS/ACTIVITIES:

65%

Neighborhood Revitalization Program

Sidewalk Improvement Program $260,211.00*
TOTAL $260,211.00

*an increase of $3172.00 in regular CDBG due to allocation correction, and an additional $41,876 of transferred NSP3
program income

OVERSIGHT & ADMINISTRATION:

MAX 20%

Administration- general management and oversight of the CDBG program $ 66,179.00*

Fair Housing Education and Outreach Program- continuation and expansion of fair housing efforts $ 1,000.00
TOTAL $ 67,179.00
* an increase of $975.00 due to allocation correction

GRAND TOTAL: $380,690.00*

*grand total increase of $49,670 ($4878+44,792) due to HUD’s allocation correction, and transfer of NSP3 program
income

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Titusville Development Projects Update as of 1 Jun 21

• Advent Health - 2335 S Washington Ave, a site plan is under review for a 5,285 sq. ft.
medical office.
• Tranquility Bay, Phase 1 – Final Plat is under review for Phase 1, consisting of 100
single-family home lots located east of US 1, north of SR 405. Tranquility Bay (formerly
Antigua Bay and Sandy Pointe): A Master Plan and Development Agreement (DA # 1-
2015) has been submitted and is under review for a Planned Community north of
Columbia Blvd. and East of US 1. Plans call for 2404 residential units, 33 acres of
commercial space and around 100 acres of open space and recreation uses in the 340+
acre site zoned Regional Mixed USE (RMU). The Developmental Agreement and Master
Plan were approved on October 24, 2017.

• AOTC Office Building - A site plan is under review for a 9,600 sf Office Building with storage
area.

• Aspen Dental - Site plans are under review for a 3,750 square foot retail store located at
the corner of State Road 405 and Cheney Highway.

• Former Astronaut Hall of Fame - Site plans are under review for changes to the former
Astronaut Hall of Fame including: parking re-striping, additional landscaping and new drive
paths located at 6225 Riverfront Center Boulevard.

• Beachwave – Site and building construction continues for a 16,800 square foot commercial
plaza that includes a retail store, restaurant and second floor open-air tiki bar and observation
deck located at the southwest corner of Garden Street and Indian River Avenue.

• Brinsea -A site plan is under review for a 1,600 sq. ft. storage building located at 704 N Dixie
Ave.

• Brooks Landing - A sketch plat has been approved for a 143-lot single-family home subdivision
located north of Jay Jay Road and west of Hammock Road.

• Brookshire Subdivision, Phase 1 – A site permit has been issued for Phase 1, 71 single-family
home lots, which is part of a 166-lot single-family home subdivision located at the northwest
corner of Garden Street and I-95.

• Canopy Living ALF - An amendment to the approved site plan is under review for a 49,193
square foot assisted living facility located at 2805 Cheney Highway.

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City Council Regular - June 8, 2021 - 6:30 PM

• Warehouse - Site plans are under review for a 9,221 square foot warehouse and office located
north of Chaffee Drive.

• Comfort Suites -A site plan is under review for a 68,922 square foot, 122 room hotel located at
4830 Helen Hauser Blvd.

• Country Club Estates - Site construction is complete for a 69-lot subdivision located on Sisson
Road just south of San Mateo Boulevard and several homes are under construction.

• Courtyard Marriott – Site and building construction continues for a 152 room, five story hotel
with an open deck on the roof located at 6225 Riverfront Center Boulevard.

• Discount Tire – Site plans have been approved for a 7,680 square foot retail store located at the
corner of State Road 405 and Cheney Highway.

• Dream Space Coast Apartments - Site plans are under review for changes to the property
including: dumpster enclosure, parking re-striping and additional landscaping to the existing
apartment complex at 2825 S. Washington Avenue.

• Elizabeth Townhomes - A sketch plat is under review for a 28 unit townhome development.

• Falcon’s Roost Subdivision (Former Lake Bella) - A sketch plat is under review for a 28 single-
family home subdivision on 53 acres located north of Knox McRae Drive.

• Lockheed Martin Florida Production Facility - A site plan is under review for a 178,993 sf
manufacturing and office building.

• Forest Trace – Site construction is complete for a 133-lot subdivision located on Sisson Road
just south of San Mateo Boulevard. Several homes have obtained Certificates of Occupancy and
several homes are under construction.

• Fox Lake Hammock – Engineering plans have been approved for a 62-lot single-family home
subdivision located east of South Street, north of Fox Lake Road.

• Fox Lake Venue – Event Center – A site permit has been issued for a 10,900 sq. ft. event center
located at 3815 Fox Lake Road. The proposal includes the construction of the event center,
associated parking, stormwater and landscaping.

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City Council Regular - June 8, 2021 - 6:30 PM

• Home Depot Outparcel - 3363 Columbia Blvd, a site plan is under review for a 1,800 drive-thru
restaurant, 2,400 retail and expansion of Home Depot parking lot.

• Hope Hammock – A site plan is under review for a 9-unit multi-family development located
northwest corner of Palmetto Street and South Brown Avenue. This property was donated by
the City of Titusville to Community of Hope to build homes to those in need.

• Horizon @ Sandpoint - Site and building plans are under review for the redevelopment of the
former Sandpoint Plaza located at 22 N. Washington Avenue. The proposed plan includes
apartments, parking garage and commercial mixed use.

• Huntington Park Subdivision - A sketch plat is under review for an 86 single-family home
subdivision on 79.79 acres located west of S. Park Avenue.

• Launch Federal Credit Union - A site plan is under review for a 3,796 sf Credit Union.

• Lockheed Martin - 1102 John Glenn Blvd, a new parking lot, drive-aisles, stormwater and
landscape improvements are currently under construction.

• Merritt Shapes Manufacturing – Site plans are under review for a 32,176 square foot
manufacturing building located at 1500 Armstrong Drive.

• MJW Consolidated - A site plan is under review for a 13,400 square foot office & fabrication
shop/warehouse located at 1825 Shepard Drive.

• Nu-Vision Professional Office - Site plans are under review for a 3,965 square foot office
building located at 105 Pinedo Drive.

• Park Preserve - Site construction is complete and several homes are under construction for a
39-lot single-family home subdivision located at the southeast corner of Knox McRae Drive and
S. Park Avenue.

• Popeyes – A site permit has been issued and construction nearly complete for a 2,503 square
foot restaurant located at the southeast corner of State Road 50 and Helen Hauser Boulevard.

• Rio Lago (Assisted Living) - Site plans are under review for a 120-unit Assisted Living/Memory
Care Facility located at 3105 S. Washington Avenue.

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City Council Regular - June 8, 2021 - 6:30 PM

• River Palms – Site and building construction continues for 100-residential condominium units
within two buildings with associated amenities located at 1805 Riverside Drive.

• Shepard Drive Warehouse Expansion - A site plan is under review for a 9,800 square foot
warehouse expansion to an existing 10,150 square foot building located at 1500 Shepard Drive.

• South Carpenter Estates – Site construction is complete and several homes are under
construction for a 70-lot single-family home subdivision located west of I-95, north of Fox Lake
Road.

• Step by Step Learning Center – Site plans have been approved for an 18,000 square foot
children’s daycare center located north of South Street and west of S. Park Avenue.

• Titusville Point – Site construction continues for a master plan which includes: utilities, drive
aisles, landscaping and other site related infrastructure located at the corner of State Road 405
and Cheney Highway. The proposed site plan includes three commercial buildings – Discount
Tire and Aspen Dental which are under review and Cumberland Farms, which a site permit has
been issued for.

• Verona Subdivision - Phase 1 - A site permit has been issued and construction is underway for
Phase 1 consisting of 70 single family home lots located west of Grissom Parkway, south of
Shepard Drive.

• Verona - Village D - A sketch plat is under review for the Second Phase of Willow Creek
consisting of 79 single-family homes on 121.30 acres.

• Vystar Credit Union - A site plan is under review to demolish the former Eckerds building and
construction of a new credit union located at 1809 Cheney Hwy.

• Chipotle Restaurant and Retail Space - 2560 S Washington Ave, site plans are under review for
a 2,400 sq. ft. drive-thru restaruant and 3,750 sq. ft. retail building.

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City Council Regular - June 8, 2021 - 6:30 PM
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WASHINGTON, DC 20410-7000

OFFICE OF COMMUNITY PLANNING

AND DEVELOPMENT

May 13, 2021

The Honorable Daniel E. Diesel

Mayor of Titusville
P.O. Box 2806
555 S. Washington Avenue
Titusville, FL 32781-2806

Dear Mayor Diesel:

I am pleased to inform you of your jurisdiction’s Fiscal Year (FY) 2021 allocations for the
Office of Community Planning and Development’s (CPD) formula programs, which provide
funding for housing, community and economic development activities, and assistance for low- and
moderate-income persons and special needs populations across the country. Public Law 116-260
includes FY 2021 funding for these programs. Please note that this letter reflects a revised amount
for the Community Development Block Grant and Section 108 borrowing authority. Your
jurisdiction’s FY 2021 available amounts are as follows:

Community Development Block Grant (CDBG) $335,898

Recovery Housing Program (RHP) $0
HOME Investment Partnerships (HOME) $0
Housing Opportunities for Persons With AIDS (HOPWA) $0
Emergency Solutions Grant (ESG) $0

Individuals and families across the country are struggling in the face of four converging
crises: the COVID-19 pandemic, the resulting economic crisis, climate change, and racial inequity.
Through these bedrock programs, CPD seeks to develop strong communities by promoting
integrated approaches that provide decent housing and suitable living environments while
expanding economic opportunities for low- and moderate-income and special needs populations,
including people living with HIV/AIDS. We urge grantees to strategically plan the disbursement of
grant funds to provide relief for those affected by these converging crises and help move our
country toward a robust recovery.

Based on your jurisdiction’s CDBG allocation for this year, you also have $1,679,490 in
available Section 108 borrowing authority. Since Section 108 loans are federally guaranteed, this
program can leverage your jurisdiction’s existing CDBG funding to access low-interest, long-term
financing to invest in Opportunity Zones or other target areas in your jurisdiction.

HUD continues to emphasize the importance of effective performance measurements in all its
formula grant programs. Proper reporting in the Integrated Disbursement and Information System
(IDIS) is critical to ensure grantees comply with program requirements and policies, provide
demographic and income information about the persons that benefited from a community's

www.hud.gov espanol.hud.gov
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City Council Regular - June 8, 2021 - 6:30 PM

activities, and participate in HUD-directed grantee monitoring. Your ongoing attention to ensuring
complete and accurate reporting of performance measurement data continues to be an invaluable
resource with regard to the impact of these formula grant programs.

The Office of Community Planning and Development is looking forward to working with you
to promote simple steps that will enhance the performance of these critical programs and
successfully meet the challenges that our communities face. If you or any member of your staff have
questions, please contact your local CPD Office Director.

Sincerely,

James Arthur Jemison II

Principal Deputy Assistant Secretary
for Community Planning and Development

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City Council Regular - June 8, 2021 - 6:30 PM
U. S. Department of Housing and Urban Development
Jacksonville Field Office
Charles Bennett Federal Building
400 West Bay Street
Suite 1015
Jacksonville, Florida 32202-4439

ENTITLEMENT GRANTEE NOTIFICATION TEMPLATE FOR TRANSFER OF

NEIGHBORHOOD STABILIZATION PROGRAM (NSP) PROGRAM INCOME (PI)
U.S. Department of Housing and Urban Development
Office of Community Planning and Development

May 12, 2021

Terrie Franklin, Director

Neighborhood Services
City of Titusville
725 S. De Leon Avenue
Titusville, FL 32781

Dear Ms. Franklin

SUBJECT: Request to Transfer NSP Program Income (PI) and All Future PI
Transmittal of Request - Approval

The City of Titusville’s request to transfer program income from NSP to their Community
Development Block Grant (CDBG) program in the amount of $44,792 is approved for NSP 3 grant
number B-11-MN-12-0037.

If approval is indicated above, the grantee is authorized to proceed with the transfer action. If
approval includes any and all future program income, the grantee may skip receipting the program
income in DRGR from transfer approval date and proceed to complete the transfer in the Integrated
Disbursement and Information System (IDIS)]. Grantee is required to maintain a complete, auditable,
record of all NSP program income and program income transfers to IDIS. HUD advises the grantee to
consult with its local Field Office if the request was not approved.

If HUD approves the request, the grantee is to upload this letter to the Administrative Activity in
the Action Plan module in the DRGR as documentation of HUD’s authorization. In addition, the grantee
will note in its current Quarterly Performance Report (QPR):

1) HUD’s approval;
2) date of approval;
3) the amount of program income approved for transfer; and
4) the activity number(s) associated with the NSP activity (ies) that generated the program
income.

The NSP program income transfer is to be completed promptly after the date of receipt of
HUD’s authorization. Following completion of the transfer, please email notification, including IDIS

HUD’s mission is to create strong, sustainable, inclusive communities and

quality, affordable homes for all.

www.hud.gov espanol.hud.gov
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City Council Regular - June 8, 2021 - 6:30 PM

program income receipt number for the receipted program income to your Community Planning and
Development Representative. Please print and maintain a hard copy of this letter in NSP and CDBG
program records.

If you have any questions, please contact your Community Planning and Development
Representative, Lori Serino at [email protected] or (904) 208-6108.

Sincerely,

Lisa A. Johnson, Director

Community Planning and Development

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