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2021 08 09 City Commission Regular Meeting Agenda
CITY COMMISSION REGULAR MEETING AGENDA MONDAY, AUGUST 9, 2021 - 6:30 PM CITY HALL - COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA 1 CALL TO ORDER Roll Call Invocation Pledge of Allegiance Agenda Changes AWARDS AND PRESENTATIONS 100. Presentation of Key to the City to Monsignor John Bluett 101. Presentation of Resolution to Lt. William C. Maxwell Jr. recognizing his retirement from the Police Department. Resolution 2021-17 - Retirement of Lt. Will Maxwell 102. Recognition of A Budget Tree for donation of Mulch to Community Garden 103. Recognizing the Central Florida Student Athletes of the Year INFORMATIONAL AGENDA 200. Current Development Projects Summary Projects Summary 201. Annual Report- Diversity Workshop Annual Report PUBLIC INPUT Anyone who wishes to speak during Public Input on any Agenda Item or subject matter will need to fill out a “Public Input” form. Individuals will limit their comments to three (3) minutes, and representatives of groups or homeowners' associations shall limit their comments to five (5) minutes, unless otherwise determined by the City Commission. CONSENT AGENDA 300. Surplus Assets 08.09.21 Surplus List 301. Non-Ad Valorem Assessment Roll, Assessment Summary and FY 2021-2022 Annual Assessment Roll for Tax Year 2021 relating to the the Oak Forest Wall and Beautification District, Tuscawilla Lighting and Beautification Assessment Area, and Tuscawilla Phase III Assessment Areas. ASSESSMENT DISTRICT RESOLUTION 2021-11 Oak_Forest_Certificate_2122 Oak Forest Assessment Summary 2122 2 OF by Owner for FY 2021-22 OF by PID for FY 2021-22 Tuscawilla_Certificate_2122 Tuscawilla Assessment Summary 2122 TLBD by Owner for FY 2021-22 TLBD by PID for FY 2021-22 Units 12-12A_Certificate_2122 Units 12-12A Assessment Summary 2122 Units 12-12A by Owner for FY 2021-22 Units 12-12A by PID for FY 2021-22 DR-408A for City 302. Contract with the Seminole County Sheriff's Office for Dispatch Service Consolidation Dispatch Agreement Winter Springs 303. Police Portable Radio Purchase Motorola Florida PA through 12-31 Motorla-AMD3-Executed RADIO TRADE INS radioquote 304. Shooting Range for Police Department 305. Resolution 2021-20 Recognizing Outstanding Community Service of Winter Springs VFW Post 5405 and authorize the City Clerk to send a copy of the resolution to VFW Post 5405. Resolution 2021-20 306. Resolution 2021-22 Adoption of Seminole County Floodplain Management Plan 2021-22 Adopting Seminole County Floodplain Management Plan 307. Update the City’s Investment Policy Statement for the City’s Operating Cash (excludes the pension assets). Resolution 2021-21 City of Winter Springs Investment Policy Review 2021 Final Winter Springs_IPS - 2021 V3 308. Minutes from the Monday, July 12, 2021 City Commission Regular Meeting Minutes 3 PUBLIC HEARINGS AGENDA 400. Winter Springs Marketplace - Aesthetic Plan Approval. TUS_Aesthetic Review Application - Chipotle (EQX Exec)_04-15-21 A002 Site Plan Winter Springs Marketplace CC Staff Report AR Chipotle 401. Second Reading of Ordinance 2021-05 Winter Springs Ordinance 2021-05 Floodplain Ordinance Ordinance 2021-05 Floodplain Stormwater OS Ad REGULAR AGENDA 500. UCF Incubator Annual Update UCF Business Incubator-Winter Springs 501. Winter Springs - Oviedo Chamber of Commerce Update City of Winter Springs presentation 502. Waste Pro Annual Performance Review Historical Customer Satisfaction Results 2021 Recycling UCF_WS_Survey_Results_2021 WP Annual Evaluation (prepared by City Staff) 03012020-02282021 503. Appeal of a Lien Reduction 629 Alton Road 629 Alton - 1- Lien Reduction Application 629 Alton - 2- Lien Reduction Application supporting docs 629 Alton - 3- Lien Reduction CM Decsion 061021 629 Alton - 4- Correspondence 070621 629 Alton - 5- Response to Sherry Clifton 070721 629 Alton - 6- Correspondence 070921 629 Alton - 7- Appeal to City Lien Reduction Decision 070921 629 Alton - 8- Property Appraiser 629 Alton - Devon Hall 629 Alton Code Enforcement Notice 2020CE001564 Code Board 08220 PP 629 Alton oca 1564 Code Board 022320 - PP_NON_Compliance_oca_1564 4 504. New Business REPORTS 600. City Manager Shawn Boyle 601. City Attorney Anthony A. Garganese 602. City Clerk Christian Gowan 603. Seat One Commissioner Matt Benton 604. Seat Two Commissioner Kevin Cannon 605. Seat Three Commissioner/Deputy Mayor Ted Johnson 606. Seat Four Commissioner TiAnna Hale 607. Seat Five Commissioner Rob Elliott 608. Mayor Kevin McCann PUBLIC INPUT Anyone who wishes to speak during Public Input on any Agenda Item or subject matter will need to fill out a “Public Input” form. Individuals will limit their comments to three (3) minutes, and representatives of groups or homeowners' associations shall limit their comments to five (5) minutes, unless otherwise determined by the City Commission. ADJOURNMENT PUBLIC NOTICE This is a Public Meeting, and the public is invited to attend and this Agenda is subject to change. Please be advised that one (1) or more Members of any of the City's Advisory Boards and Committees may be in attendance at this Meeting, and may participate in discussions. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City of Winter Springs at (407) 327-1800 "at least 48 hours prior to meeting, a written request by a physically handicapped person to attend the meeting, directed to the chairperson or director of such board, commission, agency, or authority" - per Section 286.26 Florida Statutes. "If a person decides to appeal any decision made by the board, agency, or commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she 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" - per Section 286.0105 Florida Statutes. 5 AWARDS AND PRESENTATIONS ITEM 101 CITY COMMISSION AGENDA | AUGUST 9, 2021 REGULAR MEETING TITLE Presentation of Resolution to Lt. William C. Maxwell Jr. recognizing his retirement from the Police Department. SUMMARY RECOMMENDATION Recognize Lt. William C. Maxwell Jr. via Resolution 2021-17 for his 32 years of dedicated and loyal service to the city as a member of the police department. 6 7 INFORMATIONAL AGENDA ITEM 200 CITY COMMISSION AGENDA | AUGUST 9, 2021 REGULAR MEETING TITLE Current Development Projects Summary SUMMARY Staff is advising the City Commission of the status of current development projects within the City. RECOMMENDATION No action required. 8 Page 1 of 2 CURRENT DEVLEOPMENT PROJECTS SUMMARY PROJECT NAME LOCATION LAST ACTION ITEM CURRENT STATUS AITC Office Building 863 N US 17-92 N/A DA, Final Engineering & Aesthetic Plans are under Staff review. Chase Bank Town Center Community Workshop was held on 02/20/20 CUP and DA approved by the CC on 11/16/20. DA, Final Engineering & Aesthetic Plans are scheduled (tentative) for August PZB and September CC. Dream Finders Townhomes (Seminole Crossing): 114 Single-Family (Attached) Units Town Center - East side of Michael Blake Blvd. Preliminary Engineering approved by CC on 1/8/18. DA, Final Engineering, Waivers, & Aesthetic Review approved by the CC on 12/09/2019. Final Plat approved by the CC on 09/28/20. Single-Family Homes Building Permits are under Staff review. Site work complete. Site acceptance complete on 07/12/2021. Hickory Grove Townhomes 133 Single-Family (Attached) Units Northeast of Bear Springs Drive and Blumberg Blvd A Non-Binding review was held at the CC on 02/25/2021. DA, Final Engineering, Waivers, & Aesthetic Plans are under Staff review. Iriye Suites Live Work Community Town Center SE & DA approved by CC on 01/28/19 Pending* - Final Engineering and Aesthetic Plans Northern Oaks: 35 Single-Family Homes by Dream Finders Homes North side of SR 434, East of SR 417 Final Engineering & Waivers approved 03/13/17. Aesthetic Review approved 04/9/18. Waiver approved by CC on 11/18/19 Single-Family Homes are under construction. Site acceptance complete on 01/13/20. The Studios at Tuscawilla Vistawilla Drive Community Workshop was held on 07/19/19. DA approved by the CC on 01/13/20. Pending* - Final Engineering, Aesthetic, & Waivers 9 Page 2 of 2 Tuskawilla Crossings: 379 Single-Family Homes Town Center DA, Final Engineering, Waivers, & Aesthetics approved by CC on 04/24/17. Plat approved 08/13/18. Phase 1 and Phase 2 Site work approved by CC. Single-Family Homes under construction. Site acceptance complete. Winter Springs Medical Office E SR 434 Community Workshop was held on 08/13/19 DA, Final Engineering & Aesthetic Plans approved by the CC on 11/16/20 Site work started. Building under construction. Winter Springs Marketplace Five (5) Building Commercial Shopping Center SW Corner of SR 434 and Tuskawilla Road Community Workshop was held on 05/28/20 DA, Final Engineering, Waivers, & Aesthetic Review approved by the CC on 02/22/2021. Site work started. Buildings under construction. Winter Springs Retirement Residence (The Savoy): 144 independent suites Town Center DA, Final Engineering, Waivers, & Aesthetic Review approved by CC on 01/22/18. Site work complete. Suites under construction. Winter Springs Town Center Retail Building (Ocean Bleu) Town Center Final Engineering & Aesthetic Plans approved by CC on 06/10/19. Pending* - Preconstruction Meeting For more information please click the link below: City of Winter Springs Community Development Projects List/Locations Notes: ADU = Accessory Dwelling Unit CC = City Commission CUP = Conditional Use Permit DA = Development Agreement PZB = Planning and Zoning Board SE = Special Exception *No Current Activity 10 INFORMATIONAL AGENDA ITEM 201 CITY COMMISSION AGENDA | AUGUST 9, 2021 REGULAR MEETING TITLE Annual Report- Diversity Workshop SUMMARY The City Commission adopted Resolution 2020-19 at the July 13, 2020 City Commission Regular Meeting. Per this Resolution, the City is committed to holding an annual workshop meeting, open to the public, for the purpose of assessing relevant City policies and practices. This workshop is in the format of a round table discussion and includes the Mayor and City Commission, the City Manager, the Police Chief, other relevant staff, and a select number of citizens and businesses of Winter Springs. From this workshop, the City Manager, or their designee, shall prepare and deliver a written report to the Mayor and Commission identifying successful implementation of plans and practices and also identifying areas in which the City can improve. On June 9th the Mayor, City Commission, City Manager, and City Staff held our annual Diversity Workshop. In this public workshop your City and Community Members discussed multiple topics such as: policies and procedures, compliance programs, social workers for police calls, body cameras, process for encounters with mental disabilities, citizens advisory committees, homelessness, men-working construction signs, handicap and mobility challenged, and hate crimes. Attached is the annual report required by Resolution 2020-19. RECOMMENDATION Staff is submitting the Annual Report to the Commission 11 City of Winter Springs Office of the City Manager MEMORANDUM __________________________________________________________________ TO: Honorable Mayor and Commissioners FROM: Shawn Boyle, City Manager DATE: 08/09/2021 SUBJECT: Annual Report- Resolution 2020-19 Historical Background The City Commission adopted Resolution 2020-19 at the July 13, 2020 City Commission Regular Meeting. Per this resolution, the City is committed to holding an annual workshop meeting open to the public for the purposes of assessing relevant City policies and practices. This workshop will be in the format of a round table discussion and is to include the Mayor and City Commission, the City Manager, the Police Chief, other relevant staff, and a select number of citizens and businesses of Winter Springs. From this workshop, the City Manager, or their designee, shall prepare and deliver a written report to the Mayor and Commission identifying successful implementation of plans and practices and also identifying areas in which the City can improve. June 9, 2021 Annual Diversity Workshop On June 9th the Mayor, City Commission, City Manager, and City Staff held our annual Diversity Workshop. In this public workshop your City and Community Members discussed multiple topics such as: policies and procedures, compliance programs, social workers for police calls, body cameras, process for encounters with mental disabilities, citizens advisory committees, homelessness, men-working construction signs, handicap and mobility challenged, and hate crimes. 12 City of Winter Springs Office of the City Manager There were no substantiated complaints accusing City officers or employees of racial discrimination, and City staffing exceeds local labor and industry market demographic benchmarks. City and Community Leaders launched the Winter Springs United Initiative (#winterspringsunited) which reinforces the directives of Resolution 2020-19 and focuses on improving and implementing policies and practices to continuously afford all persons due process and equal protection under the law, free of racism and unjust and arbitrary discrimination, and to foster human dignity, equality, diversity, inclusivity and equal justice within the organization. Winter Springs United further demonstrates that as a community we stand together against bullying and discrimination. Current Status and Future Action Plan Since the June 9 meeting, the City has formally launched the Winter Springs United (#winterspringsunited) campaign. This campaign has brought the Community together in an unprecedented way. The City advertised a new Winter Springs United logo, hosted a Winter Springs United tent at our annual Celebration of Freedom event (with giveaways), and added a new section to the monthly newsletter focusing on Diversity and Inclusion topics. We plan to continue having the Winter Springs United tent and giveaway at future City events such as Hometown Harvest and Winter Wonderland. We have earmarked an additional $2,000 for promotional and marketing materials related to Winter Springs United. During the next year, the police department will work on an educational campaign focusing on citizen/police interaction. This campaign will be pushed out through social media outlets, the City Newsletter, and the Winter Springs Citizens Police Academy. All of our Perk Up Parks projects have been ADA compliant. Throughout this year, we will be reviewing ways to go beyond basic compliance and add equipment and activities at our parks that further include those with mobility constraints. The costs associated with some of these additions may be between $5,000 and $10,000. 13 City of Winter Springs Office of the City Manager The City is very encouraged by the participation we had from our community at, and following, the diversity workshop. Staff is excited and ready to take on some of the opportunities that were discussed. 14 CONSENT AGENDA ITEM 300 CITY COMMISSION AGENDA | AUGUST 9, 2021 REGULAR MEETING TITLE Surplus Assets SUMMARY The attached surplus asset list details fixed assets that are no longer functional or needed and will be disposed of according to City fixed asset procedures. RECOMMENDATION The Finance Department requests Commission authorization to dispose of surplus assets according to the attached disposition sheet. 15 Comission Date Surplus Assets Methods of Disposal 8/9/2021 1 - Auction 6 - Totaled/Accident 2 - eWaste 7 - Lost 3 - Destroy 8 - Stolen 4 - Salvage 9 - Donated 5 - Trade-in 10 - Transfer Department Description Asset # Acquisition Date Original Cost Method of Disposal Finance Furn Antique Bronze w/locks 1293 8/1/1985 863$ 4 PD Taser Class III, X2 302369 10/16/2015 1,484$ 3 PD Radar Kustom Talon li 301652 11/3/2006 2,125$ 3 Equipment was no longer functional 16 CONSENT AGENDA ITEM 301 CITY COMMISSION AGENDA | AUGUST 9, 2021 REGULAR MEETING TITLE Non-Ad Valorem Assessment Roll, Assessment Summary and FY 2021-2022 Annual Assessment Roll for Tax Year 2021 relating to the the Oak Forest Wall and Beautification District, Tuscawilla Lighting and Beautification Assessment Area, and Tuscawilla Phase III Assessment Areas. SUMMARY The City Commission has successfully established several special assessment programs within the City of Winter Springs over the years to provide special benefits to property owners living within the boundaries of the particular assessment district. The City Commission is required to annually certify the assessment rolls and amount for each assessment district during the annual budget process. Final assessment rolls and documents must be authorized and submitted to the Seminole County Tax Collector for Tax Year 2021 (Fiscal Year 2022) relating to the Oak Forest Wall and Beautification District, the Tuscawilla Lighting and Beautification Assessment Area Phase I also known as Tuscawilla Lighting and Beautification District (TLBD), and Tuscawilla Phase III Assessment Area (also known as Hawk's Reserve and Tuscawilla Units 12/12A Wall) by September 15, 2021. The adoption of the annual resolution is required under the City's Ordinance No. 98-704. Oak Forest Wall and Beautification District (OFWBD) On May 10, 2000, the City Commission created and imposed special assessments within the Oak Forest Assessment Area also known as the Oak Forest Wall and Beautification On May 29, 2007, the City Commission approved Resolution Number 2007-23, establishing assessment rates of $57/BU for maintenance and $72/BU for capital as related to the OFWBD. The legal maximums were established at $63/BU for maintenance and $72/BU for 17 capital/debt. Tax Year 2016 was the final assessment for the Oak Forest Capital/Debt Service assessment. Tuscawilla Lighting and Beautification Assessment Area - Phases I and II On November 14, 2005, the City Commission adopted Resolution 2005- 43 thereby creating and imposing special assessments within the Tuscawilla (Phase II) Assessment Area. The maintenance assessments for Phase I and II were later combined into one maintenance assessment, while the two capital assessments were distinct. Now, the only two assessments within the Tuscawilla Lighting and Beautification Assessment Area are Phase I Capital and Maintenance (Phase I and II combined). On May 29, 2007 a public hearing was held, wherein the City Commission adopted Resolution Number 2007-24, (amending Resolution Nos. 99-885, 99-887, 99-888, 2005-40 and 2005-43) approving assessment rates of $43.00 per ERU for Phase I capital, $17.00 per ERU for Phase II capital and $126.00 per ERU for maintenance (Phases I and II combined) as related to the Tuscawilla Lighting and Beautification Assessment Area - Phases I and II. The legal maximums were established at $128/ERU for maintenance and $43/ERU and $17/ERU (now paid off), respectively for Phase I and II capital/debt service. In late 2012, as part of a comprehensive review by our consultant, NBS, 111 additional parcels not previously included in the TLBD Assessment Area were identified as receiving a special benefit from the Tuscawilla Improvement Area. A majority of these parcels are part of the newly- platted Greens at Tuscawilla Subdivision. The next group is within the Fox Glen Subdivision, and the remaining parcels are located in various subdivisions throughout Tuskavilla. Tax Year 2016 was the final assessment for the Tuscawilla Phase II Capital/Debt Service. Residents are permitted to make capital assessment prepayments until July 15th of each tax year. Since the last tax roll certification, there have been no capital assessment prepayments for TLBD Phase I Capital/Debt. Tuscawilla Phase III Assessment Area (Maintenance and Capital Improvement/Debt Service) On August 12, 2013, the City Commission approved Resolution 2013-22, creating the Tuscawilla Phase III Assessment Area. The assessment rates were originally established at $75/BU for maintenance and $85/BU for 18 capital/debt service. The legal maximums were established at $87/BU for maintenance and $88/BU for capital/debt service. On August 12, 2019, the City Commission approved Resolution 2019-13 which increased the rate for the maintenance assessment to $87/BU to cover the increased cost to maintain services. This change puts the assessment at the maximum allowed. Residents are permitted to make capital assessment prepayments until July 15 of each tax year. Since the last tax roll certification, there have been no capital assessment prepayments for Tuscawilla III Capital/Debt Service. All Assessment Areas/Districts The Certificate to Non-Ad Valorem Assessment Roll, Assessment Summary and FY 2021-2022 (Tax Year 2021) Annual Assessment Rolls are attached for each of the above-described assessments. The complete assessment rolls for the Oak Forest Wall and Beautification District, the Tuscawilla Lighting and Beautification District, and Tuscawilla Phase III Assessment Area are available for public inspection in the City Hall lobby, the City Clerk's office, and the Finance and Administrative Services office. A rate schedule for each assessment follows, with last year's assessment and the proposed assessment for the 2021 tax year, all of which remain unchanged: 2021 TAX YEAR Legal Max 2020 Assessment 2021 Proposal Inr (Der) Tuscawilla Lighting and Beautification District (per ERU): TLBD Maintenance (Phases I & II)$128 $120 $120 $0 TLBD Phase I Capital/Debt Service $43 $36 $36 $0 $171 $156 $156 $0 Oak Forest (per BU): Oak Forest Maintenance $63 $60 $60 $0 Tuscawilla Ill (per BU): Tuscawilla III Maintenance $87 $87 $87 $0 19 Tuscawilla III Capital/Debt Service $88 $85 $85 $0 $175 $172 $172 $0 RECOMMENDATION Staff recommends the City Commission adopt Resolution 2021-11 authorizing the submission of the Certificates to Non-Ad Valorem Assessment Roll, Assessment Summary and FY 2021-2022 Annual Assessment Roll for Tax Year 2021 relating to the Oak Forest Wall and Beautification District (Maintenance only), the Tuscawilla Lighting and Beautification Assessment Area – (Maintenance and Phase I Capital), and Tuscawilla Phase III Assessment Area (Maintenance and Capital) to the Seminole County Tax Collector by September 15, 2021. A 'sample' motion which includes the necessary elements for statutory compliance follows: I move to approve Resolution 2021-11 authorizing submission of the Certificate to Non-Ad Valorem Assessment Roll, Assessment Summary and FY 2021-2022 Annual Assessment Roll for Tax Year 2021 Relating to the Tuscawilla Lighting and Beautification Assessment Area, the Oak Forest Wall and Beautification District, and Tuscawilla Phase III Assessment Area to the Seminole County Tax Collector by September 15, 2021. 20 City of Winter Springs Resolution Number 2021-11 Page 1 of 4 RESOLUTION NUMBER 2021-11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, APPROVING ASSESSMENT ROLLS FOR VARIOUS ASSESSMENT AREAS ESTABLISHED PURSUANT TO ORDINANCE NO. 98-704; ESTABLISHING THE LIEN ASSOCIATED THEREWITH; DIRECTING THAT THE ASSESSMENT ROLLS BE CERTIFIED TO THE SEMINOLE COUNTY TAX COLLECTOR;PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the. City Commission (the "Commission") of the City of Winter Springs, Florida, enacted Ordinance No. 98-704 on July 27, 1998 (the "Ordinance"), to provide for the creation of assessment areas and authorize the imposition of special assessments to fund the construction and maintenance of local improvements to serve the property located therein; and WHEREAS, pursuant to the Ordinance, the Commission created and imposed special assessments within the Tuscawilla Improvement Area on August 9, 1999, the Tuscawilla Service Area on August 9, 1999, the Oak Forest Assessment Area on May 10, 2000, the Tuscawilla (Phase II) Assessment Area on November 14, 2005 and the Tuscawilla (Phase III) Assessment Area on August 12, 2013; and WHEREAS, pursuant to the provisions of the Ordinance, the Commission is required to adopt an "Annual Assessment Resolution" during its budget process for each fiscal year to approve the assessment roll for such fiscal year; and WHEREAS, the Commission deems that this Resolution is in the best interests of the public health, safety and welfare of the citizens of the City of Winter Springs, Florida. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AS FOLLOWS: 21 City of Winter Springs Resolution Number 2021-11 Page 2 of 4 SECTION 1. RECITALS.The above recitals are deemed true and correct and are hereby made a specific part of this resolution. SECTION 2. AUTHORITY.This Resolution is adopted pursuant to the Ordinance, Chapter 166, Florida Statutes, and other applicable provisions of law. SECTION 3.DEFINITIONS.All capitalized terms in this Resolution shall have the meanings defined in the Ordinance and the implementing resolutions adopted pursuant thereto. SECTION 4. APPROVAL OF ASSESSMENT ROLLS.Pursuant to Section 197. 3632, Florida Statutes, each of the following assessment rolls shall be certified to the Seminole County Tax Collector prior to September 15, 2021, along with any necessary changes subsequent to the date hereof permitted under Sections 3.12 and 4.12 of the Ordinance and the Uniform Assessment Collection Act. A. Tuscawilla Improvement Area. The non-ad valorem assessment roll on file with the City Clerk for the Tuscawilla Improvement Area is hereby approved, such roll setting the annual rate of $36.00 per Equivalent Residential Unit (reflecting no change compared to the prior year amount and $7.00 less than the maximum rate of $43.00 previously authorized by the City). B. Tuscawilla Maintenance Assessment Area. The non-ad valorem assessment roll on file with the City Clerk for the Tuscawilla Maintenance Assessment Area is hereby approved, such roll setting the annual rate of $120.00 per Equivalent Residential Unit (reflecting no change compared to the prior year amount and $8.00 less than the maximum rate of $128.00 previously authorized by the City). C. Oak Forest Assessment Area (Maintenance). The non-ad valorem assessment roll on file with the City Clerk for the Oak Forest Assessment Area (Maintenance) is hereby approved, such roll setting the annual rate of $60.00 per Benefit Unit (reflecting no change from the prior year amount and $3.00 less than the maximum rate of $63.00 previously authorized by the City). D. Tuscawilla Phase III Assessment Area (Capital). The non-ad valorem assessment roll on file with the City Clerk for the Tuscawilla (Phase III) Assessment Area (Capital) is hereby approved, such roll setting the annual rate of$85.00 per Benefit Unit (reflecting no change compared to the prior year amount and $3.00 less than the maximum rate of $88 00 previously authorized by the City). 22 City of Winter Springs Resolution Number 2021-11 Page 3 of 4 E. Tuscawilla Phase III Assessment Area (Maintenance). The non-ad valorem assessment roll on file with the City Clerk for the Tuscawilla (Phase III) Assessment Area (Maintenance) is hereby approved, such roll setting the annual rate of $87.00 per Benefit Unit (reflecting no change compared to the prior year amount and compared the maximum rate of $87.00 previously authorized by the City). SECTION 5. ASSESSMENT LIENS.Special assessments imposed within the assessment areas listed on the rolls described in Section 4 hereof shall constitute a lien against assessed property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until the ad valorem tax bill for such year is otherwise paid in full pursuant to the Uniform Assessment Collection Act. The lien shall be deemed perfected upon adoption of this Resolution and shall attach to the property included on the assessment roll as of January 1, 2021, the lien date for ad valorem taxes. SECTION 6. CONFLICTS.All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7. SEVERABILITY.If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 8. EFFECTIVE DATE.This Resolution shall take effect immediately upon its passage and adoption. 23 City of Winter Springs Resolution Number 2021-11 Page 4 of 4 RESOLVED BY the City Commission of the City of Winter Springs, Florida, in a Regular meeting assembled this 9th day of August, 2021. CITY OF WINTER SPRINGS, FLORIDA (SEAL)By: ________________________________ Kevin McCann, Mayor ATTEST: By: _______________________________ Christian Gowan, City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY: By: _______________________________ Anthony A Garganese, City Attorney 24 CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL I HEREBY CERTIFY that, I am the Chair of the City Commission, or authorized agent of the City of Winter Springs, Florida (the “City”); as such I have satisfied myself that all property included or includable on the Oak Forest Assessment Area Non-Ad Valorem Assessment Roll (the “Non-Ad Valorem Assessment Roll”) for the City is properly assessed so far as I have been able to ascertain; and that all required extensions on the above described roll to show the non-ad valorem assessments attributable to the property listed therein have been made pursuant to law. I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection Act, this certificate and the herein described Non-Ad Valorem Assessment Roll will be delivered to the Seminole County Tax Collector by September 15, 2021. IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered to the Seminole County Tax Collector and made part of the above described Non-Ad Valorem Assessment Roll this the 9 th day of August, 2021. Oak Forest Assessment Area Total Maintenance Assessment Total Parcels 936 Total Annual Assessment $58,047.00 CITY OF WINTER SPRINGS, FLORIDA By: Mayor 25 Winter Springs – Oak Forest Service Assessment Assessment Summary: 2021 – 2022 $60.00/BU Maintenance Rate Maintenance Assessment Total BU’s …...……………………………………………………..967.45 Parcel Count …………………………………………………….…….936 Total Maintenance Assessment ……………………………$58,047.00 26 Fiscal Year 2021-22 Annual AssessmentOwner NameParcel IDAnnual Maintenance AssessmentTotal Annual Assessment2017-1 IH BORROWER LP01-21-30-503-0000-7510 $60.00 $60.002017-1 IH BORROWER LP12-21-30-505-0000-3810 60.00 60.002018-2 1H BORROWER LP01-21-30-503-0000-7560 66.00 66.002018-2 1H BORROWER LP12-21-30-506-0000-3990 60.00 60.002018-3 IH BORROWER LP01-21-30-504-0000-8590 60.00 60.002018-3 IH BORROWER LP12-21-30-505-0000-3110 66.00 66.002019-1 IH BORROWER LP12-21-30-505-0000-3150 66.00 66.002019-1 IH BORROWER LP12-21-30-505-0000-3430 60.00 60.002019-1 IH BORROWER LP12-21-30-505-0000-3910 60.00 60.002019-1 IH BORROWER LP12-21-30-506-0000-4320 60.00 60.00ABOU-JAOUDE, KHALIL & BLANCHE01-21-30-504-0000-8770 60.00 60.00ACEVEDO, EDWIN & CRYSTAL12-21-30-505-0000-3190 75.00 75.00ACIO, PENNY C & ARVIN01-21-30-504-0000-8490 60.00 60.00ADAMISSION, KRISTOPHER12-21-30-505-0000-3610 60.00 60.00ADAMSON, CHRISTOPHER M & REGAN M 01-21-30-5JJ-0000-6830 75.00 75.00ADORNO, JUAN B JR & ANNA M01-21-30-503-0000-7230 75.00 75.00AEDO, JOHN & JENNIFER12-21-30-506-0000-4160 60.00 60.00AGUIRRE, GERDA I12-21-30-5HN-0000-4680 60.00 60.00ALAI, MOHAMMAD & GILDA A01-21-30-504-0000-8650 60.00 60.00ALALOU, DEBORAH & FOUAD01-21-30-503-0000-7730 66.00 66.00ALDAY, TERRANCE B & DEBORAH R12-21-30-505-0000-2790 60.00 60.00ALGERI, THOMAS J & JENNIFER L12-21-30-505-0000-3340 60.00 60.00ALLEN, DONNA S12-21-30-501-0000-0640 66.00 66.00ALLEN, PAUL R & HELLER- ALLEN, CHERYL J 12-21-30-505-0000-3790 60.00 60.00ALONSO-SLUSARZ, JUDY A01-21-30-504-0000-9250 60.00 60.00ALPHIN, LEONARD H JR & DIANE01-21-30-5JJ-0000-6310 66.00 66.00ALTAMIRANO, MARIELBA K & JIMENEZ, ROSA M 01-21-30-5JJ-0000-6910 75.00 75.00ALTER, MATTHEW S & AMBER L01-21-30-5JJ-0000-7100 60.00 60.00Oak Forest Wall and Beautification District (OFWBD)Winter Springs - Special Assessments127 Fiscal Year 2021-22 Annual AssessmentOwner NameParcel IDAnnual Maintenance AssessmentTotal Annual AssessmentOak Forest Wall and Beautification District (OFWBD)WYATT, BOBBY W & WOLF, DANETTE S 12-21-30-5HN-0000-4940 60.00 60.00WYSLUZALY, JOSEPH & ASHTEN01-21-30-504-0000-9220 60.00 60.00YAFFEE, DONALD & LINDA M12-21-30-503-0000-1660 60.00 60.00YAGER, JASON & MELANIE12-21-30-504-0000-1720 60.00 60.00YANNON, LINDA L ENH LIFE EST12-21-30-505-0000-3590 60.00 60.00YEATTS, CARA P & JONATHAN R01-21-30-504-0000-8710 60.00 60.00YIP, TYLER L & HANSEN, REID C01-21-30-503-0000-7520 60.00 60.00YONG, ZHI01-21-30-504-0000-9230 60.00 60.00YOUNGGREEN, RICK L12-21-30-5HN-0000-5560 60.00 60.00ZEIHER, THEODORE J01-21-30-504-0000-8140 60.00 60.00ZORNEK, ESTHER12-21-30-503-0000-1640 60.00 60.00ZYAMBO, TELIYA12-21-30-505-0000-3720 60.00 60.00Project Totals936 Parcels $58,047.00 $58,047.00Winter Springs - Special Assessments3428 Fiscal Year 2021-22 Annual AssessmentParcel IDOwner NameAnnual Maintenance AssessmentTotal Annual Assessment01-21-30-503-0000-7160 CHAPELAINE, CHAD & STEPHANIE$75.00 $75.0001-21-30-503-0000-7170 HOLLAND, ROBERT C III & ELIZABETH A75.00 75.0001-21-30-503-0000-7180 DAMON, JAMES & LAURA K75.00 75.0001-21-30-503-0000-7190 RIVERA, PEDRO J & STEPHANIE M75.00 75.0001-21-30-503-0000-7200 CUSHENBERRY, ADRIAN & CHELSEA75.00 75.0001-21-30-503-0000-7210 FINLEY, DANIEL M & ZAHIRA75.00 75.0001-21-30-503-0000-7220 SANTIAGO, ABIGAIL N & DE JESUS, JOSE R75.00 75.0001-21-30-503-0000-7230 ADORNO, JUAN B JR & ANNA M75.00 75.0001-21-30-503-0000-7240 DEVINE, SCOTT & JENNIFER75.00 75.0001-21-30-503-0000-7250 GRANDOWSKI, VICTOR P & ANNA M75.00 75.0001-21-30-503-0000-7260 MELNICK, BRIANA M & NATALE, RYAN A75.00 75.0001-21-30-503-0000-7270 PARKIN, MATTIE H75.00 75.0001-21-30-503-0000-7280 NELSON, DIANE M75.00 75.0001-21-30-503-0000-7290 IRIZARRY, JOSE & MIRIAM75.00 75.0001-21-30-503-0000-7460 RITZER, BRUCE A & SANDRA L60.00 60.0001-21-30-503-0000-7470 CHEN, PEIHUA60.00 60.0001-21-30-503-0000-7480 CULBERTSON, TIGE A & SARA M60.00 60.0001-21-30-503-0000-7490 BILL, EDWARD M & DIANA C60.00 60.0001-21-30-503-0000-7500 LOVING, MARY L60.00 60.0001-21-30-503-0000-7510 2017-1 IH BORROWER LP60.00 60.0001-21-30-503-0000-7520 YIP, TYLER L & HANSEN, REID C60.00 60.0001-21-30-503-0000-7530 GONANO, CHARLES L & R JOY60.00 60.0001-21-30-503-0000-7540 ATKINS, DOUGLAS E ENH LIFE EST & ATKINS, VIRGINIA66.00 66.0001-21-30-503-0000-7550 PASKMAN, KENNETH M CO-TRS & PASKMAN, LAURIE M66.00 66.0001-21-30-503-0000-7560 2018-2 1H BORROWER LP66.00 66.0001-21-30-503-0000-7570 BECK, ROBERT C ENH LIFE EST & BECK, PATTY J ENH66.00 66.0001-21-30-503-0000-7580 COLON, CARMEN M TR66.00 66.0001-21-30-503-0000-7590 DEL BENE, GEOFFREY66.00 66.00Oak Forest Wall and Beautification District (OFWBD)Winter Springs - Special Assessments129 Fiscal Year 2021-22 Annual AssessmentParcel IDOwner NameAnnual Maintenance AssessmentTotal Annual AssessmentOak Forest Wall and Beautification District (OFWBD)12-21-30-5HN-0000-5500 JACKSON, SHANE C & LARA J60.00 60.0012-21-30-5HN-0000-5510 SCHROEDER, JOHN S L & CRYSTAL L60.00 60.0012-21-30-5HN-0000-5520 REYOME, GERALD R & JULIE A60.00 60.0012-21-30-5HN-0000-5530 HALE, MARY E TR60.00 60.0012-21-30-5HN-0000-5540 QUIROZ, MARCO A & MORA, CLAUDIA N60.00 60.0012-21-30-5HN-0000-5550 MONTI, JOSEPH J & ROBIN S60.00 60.0012-21-30-5HN-0000-5560 YOUNGGREEN, RICK L60.00 60.0012-21-30-5HN-0000-5570 MANIS MARC SPECIAL NEEDS TRUST60.00 60.0012-21-30-5HN-0000-5580 PROGRESS RESIDENTIAL BORROWER 16 LLC60.00 60.0012-21-30-5HN-0000-5590 BURCH, KEVIN R60.00 60.0012-21-30-5HN-0000-5600 MELENDEZ, CARLOS ENH LIFE EST60.00 60.0012-21-30-5HN-0000-5610 GOREN, KENNETH P CO-TRS & ROSE, DONNA K CO-TRS 60.00 60.00Project Totals936 Parcels$58,047.00 $58,047.00Winter Springs - Special Assessments3430 CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL I HEREBY CERTIFY that, I am the Chair of the City Commission, or authorized agent of the City of Winter Springs, Florida (the “City”); as such I have satisfied myself that all property included or includable on the Tuscawilla Service and Improvement Areas Non-Ad Valorem Assessment Roll (the “Non-Ad Valorem Assessment Roll”) for the City is properly assessed so far as I have been able to ascertain; and that all required extensions on the above described roll to show the non-ad valorem assessments attributable to the property listed therein have been made pursuant to law. I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection Act, this certificate and the herein described Non-Ad Valorem Assessment Roll will be delivered to the Seminole County Tax Collector by September 15, 2021. IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered to the Seminole County Tax Collector and made part of the above described Non-Ad Valorem Assessment Roll this the 9th day of August, 2021. Tuscawilla Service and Improvement Assessment Area Total Phase I Improvement Assessment Total Parcels 4,200 Phase I Improvement Total Annual Assessment $144,432.00 Maintenance Assessment Total Parcels 4,617 Total Maintenance Annual Assessment $528,696.00 CITY OF WINTER SPRINGS, FLORIDA By: Mayor 31 Winter Springs – Tuscawilla Improvement and Service Assessments Assessment Summary: 2021 – 2022 $36.00/ERU Phase I Improvement Rate & $120.00/ERU Maintenance Rate Improvement Assessment Phase I Total ERU’s …………………………………………………4,012.00 Parcel Count …………………………………………………...4,200 Total Annual Assessment …………………………….$144,432.00 Maintenance Assessment Total ERU’s …………………………………………………4,405.80 Parcel Count…………………………………………………….4,617 Total Maintenance Assessment…………...………….$528,696.00 32 Fiscal Year 2021-22 Annual AssessmentOwner NameParcel IDAnnual Improvement Assessment Phase 1Annual Maintenance AssessmentTotal Annual Assessment1000 GATOR LANE LLC13-21-30-503-0000-0410 $0.00 $120.00 $120.00122 PEREGRINE CT LLC05-21-31-504-0000-0650 0.00 120.00 120.001315 AUGUSTA NATIONAL LLC07-21-31-5FN-0000-2000 36.00 120.00 156.001418 FOREST HILLS LLC07-21-31-507-0000-0970 36.00 120.00 156.0019991009 REVOCABLE TRUST07-21-31-510-0000-0510 36.00 120.00 156.002017-1 IH BORROWER LP07-21-31-503-0000-0350 36.00 120.00 156.002017-1 IH BORROWER LP07-21-31-518-0000-1160 36.00 120.00 156.002017-2 IH BORROWER LP18-21-31-506-0000-0120 36.00 120.00 156.002018-2 1H BORROWER LP07-21-31-505-0000-1240 36.00 120.00 156.002018-2 1H BORROWER LP12-21-30-5DA-0000-3290 36.00 120.00 156.002018-3 IH BORROWER LP12-21-30-5DA-0000-2510 36.00 120.00 156.002018-3 IH BORROWER LP18-21-31-501-0000-1200 36.00 120.00 156.002019-1 IH BORROWER LP07-21-31-507-0000-0220 36.00 120.00 156.00319 WOODLEAF LLC07-21-31-518-0000-0680 36.00 120.00 156.00600 NORTHERN WAY #404 LLC07-21-31-506-0400-004H 0.00 72.00 72.00603 CPCD LLC07-21-31-5GY-0900-0020 21.60 72.00 93.60707 CLUBWOOD LLC07-21-31-5FB-0000-0630 36.00 120.00 156.00933 OLD WHITE WAY LLC07-21-31-511-0000-1470 36.00 120.00 156.00947 TORREY PINE LLC07-21-31-511-0000-1320 0.00 120.00 120.00985 TROON TRCE LLC18-21-31-506-0000-0110 36.00 120.00 156.00AAKEBERG, GERAL A & JUDITH A08-21-31-5HS-0000-0700 36.00 120.00 156.00ABELL, RANDOLPH A & SHERRY L08-21-31-507-0000-0220 36.00 120.00 156.00ABERNATHY, NINA J05-21-31-504-0000-0660 36.00 120.00 156.00ABLANEDO, CARLOS M08-21-31-5GT-0000-0360 36.00 120.00 156.00ABOUD, ROBERT D & COLLEEN05-21-31-504-0000-0950 36.00 120.00 156.00ABREU, BARBARA L TR07-21-31-517-0000-1890 36.00 120.00 156.00ACEVEDO, ANTHONY07-21-31-5FN-0000-2330 36.00 120.00 156.00ACEVEDO, DAMASO12-21-30-5DA-0000-3060 36.00 120.00 156.00Tuscawilla Lighting and Beautification Assessment Area (TLBAA)Winter Springs - Special Assessments133 Fiscal Year 2021-22 Annual AssessmentOwner NameParcel IDAnnual Improvement Assessment Phase 1Annual Maintenance AssessmentTotal Annual AssessmentTuscawilla Lighting and Beautification Assessment Area (TLBAA)ZAHN, CHAREN A07-21-31-511-0000-1070 36.00 120.00 156.00ZAJAC, THOMAS S ENH LIFE EST & ZAJAC, JANET M ENH 07-21-31-5FN-0000-1890 36.00 120.00 156.00ZAMMIT, DAVID A12-21-30-5EK-0000-0500 36.00 120.00 156.00ZANKI, JOHN W & ATHAS, ERIN M18-21-31-507-0000-0090 36.00 120.00 156.00ZARNANI, VAHID07-21-31-507-0000-1930 36.00 120.00 156.00ZARNOWSKI, TERENCE C & LINDA J08-21-31-504-0000-0850 36.00 120.00 156.00ZARTMAN, DAVID M & MARGARET D 18-21-31-501-0000-1180 36.00 120.00 156.00ZAYAS-BOCCHECIAMP, DALYMAR E & FLORES, MIGUEL C 06-21-31-502-4800-0070 21.60 72.00 93.60ZEMBOWER, SYLVIA G & ZEMBOWER, WILLIAM J 07-21-31-5FN-0000-1680 36.00 120.00 156.00ZHOU, JING & LIU, FENQIANG18-21-31-513-0000-0230 36.00 120.00 156.00ZIEGLER, JOANNE L07-21-31-502-0000-0820 36.00 120.00 156.00ZIELINSKI, LAN07-21-31-511-0000-1540 36.00 120.00 156.00ZILLOW HOMES PROPERTY TRUST08-21-31-5GA-0000-0990 36.00 120.00 156.00ZIMMERMAN, JEFFREY J & CAROL A 18-21-31-513-0000-0190 36.00 120.00 156.00ZIMORSKI, ESTHER L TR18-21-31-506-0000-0580 36.00 120.00 156.00ZINSSAR, MICHAEL R ENH LIFE EST & ZINSSAR, LAUREL 07-21-31-511-0000-1240 36.00 120.00 156.00ZIPAY, PETER J & LAURA A05-21-31-5NF-0000-1360 36.00 120.00 156.00ZIRHUT, MATTHEW M & TIFFANY M08-21-31-5HS-0000-0850 36.00 120.00 156.00ZISCHKAU, ERIC E TR & ZISCHKAU, JONATHAN D TR 07-21-31-5FQ-0000-1560 0.00 120.00 120.00ZMIJEWSKI, DONNA S & MICHAEL E07-21-31-5GB-0000-0520 36.00 120.00 156.00ZOOK, DONALD J & JOANNA K07-21-31-514-0000-0010 36.00 120.00 156.00ZUBARIK, LESLIE & JASON12-21-30-5DA-0000-3870 36.00 120.00 156.00ZVARYCH, ADRIAN G & SHARON I07-21-31-506-0700-007E 21.60 72.00 93.60ZWISSLER, CHESTER J JR & ELLEN H 07-21-31-507-0000-1370 36.00 120.00 156.00ZYDORSKI, DAVID S07-21-31-507-0000-0370 36.00 120.00 156.00Project Totals4,617 Parcels $144,432.00 $528,696.00 $673,128.00Winter Springs - Special Assessments16534 Fiscal Year 2021-22 Annual AssessmentParcel IDOwner NameAnnual Improvement Assessment Phase 1Annual Maintenance AssessmentTotal Annual Assessment01-21-30-5BH-0000-0790 EHW SERVICES III INC$97.92 $326.40 $424.3201-21-30-5BH-0000-0830 WESTBURY REALTY GROUP INC46.80 156.00 202.8001-21-30-5BH-0000-083A BRYCE FOSTER CORP36.00 120.00 156.0005-21-31-502-0000-0010 ROWLAND, HELEN J36.00 120.00 156.0005-21-31-502-0000-0020 KELLEY, LISA & KELLEY, HUGH A & KELLEY, GRACE 36.00 120.00 156.0005-21-31-502-0000-0030 FLATTERY, ELIZABETH M & BUJALANCE, ORIOL C 36.00 120.00 156.0005-21-31-502-0000-0040 SUNRISE DOMAIN INC TR36.00 120.00 156.0005-21-31-502-0000-0050 FINOCCHIO, JOHN R & CATHERINE H36.00 120.00 156.0005-21-31-502-0000-0060 KERR, DAVID L & JONES, ELIZABETH A36.00 120.00 156.0005-21-31-502-0000-0070 RAIA, JOSEPH P & CARMEN36.00 120.00 156.0005-21-31-502-0000-0080 MCFADDEN, OMELLA36.00 120.00 156.0005-21-31-502-0000-0090 VOIGT, DIANE S36.00 120.00 156.0005-21-31-502-0000-0100 LATOUR, JADE & JOSHUA36.00 120.00 156.0005-21-31-502-0000-0110 OPENDOOR PROPERTY J ACQUISITION LLC36.00 120.00 156.0005-21-31-502-0000-0120 NOONAN, JOHN G36.00 120.00 156.0005-21-31-502-0000-0130 PRIEST, TARA L ENH LIFE EST36.00 120.00 156.0005-21-31-502-0000-0140 FERTIG, ELIZABETH A0.00 120.00 120.0005-21-31-502-0000-0150 GRANGER, WAYNE A36.00 120.00 156.0005-21-31-502-0000-0160 TABSCOTT, MICHELLE L36.00 120.00 156.0005-21-31-502-0000-0170 SCHMIT, HELEN G TR36.00 120.00 156.0005-21-31-502-0000-0180 FAIR, BRANDON S & GALVIN, SARAH C0.00 120.00 120.0005-21-31-502-0000-0190 SENECA, ALBERT & MORAN, SONNIA36.00 120.00 156.0005-21-31-502-0000-0200 REHNSTROM, RICHARD G36.00 120.00 156.0005-21-31-502-0000-0210 KAMINSKI, TIFFANY N36.00 120.00 156.0005-21-31-502-0000-0220 BRYANT, TONY J & KIM C36.00 120.00 156.0005-21-31-502-0000-0230 PITTS, STEPHEN A & SANDRA G36.00 120.00 156.0005-21-31-502-0000-0240 CLARSON, GERALDINE T ENH LIFE EST36.00 120.00 156.0005-21-31-502-0000-0250 MITCHELL, DANA R36.00 120.00 156.0005-21-31-502-0000-0260 DASILVEIRA, NICOLE36.00 120.00 156.00Tuscawilla Lighting and Beautification Assessment Area (TLBAA)Winter Springs - Special Assessments135 Fiscal Year 2021-22 Annual AssessmentParcel IDOwner NameAnnual Improvement Assessment Phase 1Annual Maintenance AssessmentTotal Annual AssessmentTuscawilla Lighting and Beautification Assessment Area (TLBAA)18-21-31-5ET-0000-0750 WHITEMAN, JO ANN TR36.00 120.00 156.0018-21-31-5ET-0000-0760 ADGAR, DEVOLINE36.00 120.00 156.0018-21-31-5ET-0000-0770 MCCUE, DANIEL & KELI36.00 120.00 156.0018-21-31-5ET-0000-0780 MCLEAN, DANIEL L & EMILY J36.00 120.00 156.0018-21-31-5ET-0000-0790 RIVERA, ROMUALDO & BEDINI, CAROLINA36.00 120.00 156.0031-20-31-5BB-0000-004A TUSCAWILLA GOLF CLUB LLC596.88 1,989.60 2,586.48Project Totals4,617 Parcels $144,432.00 $528,696.00 $673,128.00Winter Springs - Special Assessments16036 CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL I HEREBY CERTIFY that, I am the Chair of the City Commission, or authorized agent of the City of Winter Springs, Florida (the “City”); as such I have satisfied myself that all property included or includable on the Tuscawilla Units 12/12A Service and Improvement Areas Non-Ad Valorem Assessment Roll (the “Non-Ad Valorem Assessment Roll”) for the City is properly assessed so far as I have been able to ascertain; and that all required extensions on the above described roll to show the non- ad valorem assessments attributable to the property listed therein have been made pursuant to law. I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection Act, this certificate and the herein described Non-Ad Valorem Assessment Roll will be delivered to the Seminole County Tax Collector by September 15, 2021. IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered to the Seminole County Tax Collector and made part of the above described Non-Ad Valorem Assessment Roll this the 9th day of August, 2021. Tuscawilla Units 12/12A Service and Improvement Assessment Area Total Units 12/12A Improvement Assessment Total Parcels 67 Units 12/12A Improvement Total Annual Assessment $5,933.00 Units 12/12A Maintenance Assessment Total Parcels 86 Units 12/12A Maintenance Total Annual Assessment $7,812.60 CITY OF WINTER SPRINGS, FLORIDA By: Mayor 37 Winter Springs – Tuscawilla Units 12/12A Improvement and Maintenance Assessments Assessment Summary: 2021 – 2022 Units 12/12A Improvement Rate $85.00/BU & Maintenance Rate & $87.00/BU Maintenance Rate Units 12/12A Improvement Assessment Total BU’s ………………………………………………………….69.80 Parcel Count ……………………………………………………….…67 Total Annual Assessment ……………………………….....$5,933.00 Units 12/12A Maintenance Assessment Total BU’s ………………………………………………………….89.80 Parcel Count…………………………………………………………..86 Total Maintenance Assessment…………...……………….$7,812.60 38 Fiscal Year 2021-22 Annual AssessmentOwner NameParcel IDAnnual Improvement AssessmentAnnual Maintenance AssessmentTotal Annual AssessmentABLANEDO, CARLOS M08-21-31-5GT-0000-0360 $102.00 $104.40 $206.40BEAR, JONATHAN R CO-TRS & BEAR, CHERYL A CO-TRS 08-21-31-502-0000-0030 85.00 87.00 172.00BIVONA, ANDREW C08-21-31-5GT-0000-0160 85.00 87.00 172.00BIVONA, THERESA A TR08-21-31-5GT-0000-0150 0.00 87.00 87.00BOGGS, JEFFREY D & KATHRYN M 08-21-31-5GT-0000-0680 102.00 104.40 206.40BOLDT, DAVID W & SHARON08-21-31-5GT-0000-0330 85.00 87.00 172.00BUTLER, STEVEN V ENH LIFE EST & BUTLER, KATHLEEN G 08-21-31-5GT-0000-0200 0.00 87.00 87.00CALABRO, STEPHEN H & JODY A08-21-31-5GT-0000-0340 85.00 87.00 172.00CAMARANO, MICHAEL & LORRAINE R 08-21-31-5GT-0000-0410 85.00 87.00 172.00CAMPBELL, JAMES & ELIZABETH08-21-31-5GT-0000-0450 0.00 104.40 104.40CANNISTRACI, RUSSELL L & DEENA M 08-21-31-5GT-0000-0720 0.00 87.00 87.00CHERRY, WINGATE FELICE & WINGATE, DARRYL 08-21-31-5GT-0000-0650 102.00 104.40 206.40CIUPIK, JOHN J & BARBARA J08-21-31-5GT-0000-0540 85.00 87.00 172.00COOKSEY, NORMA M LIFE EST08-21-31-502-0000-0800 0.00 87.00 87.00CURRAN, JAMES C & STEPHANIE A 08-21-31-5GT-0000-0620 85.00 87.00 172.00DUBOIS, GARY S & BERNADETTE M 08-21-31-502-0000-0770 85.00 87.00 172.00FEHR, STEVEN E08-21-31-5GT-0000-0070 0.00 87.00 87.00FRILEN ANNABELLE W REV TRUST 08-21-31-502-0000-0010 102.00 104.40 206.40FROEHLICH, ALLEN K TR & FROEHLICH, THERESA E TR 08-21-31-5GT-0000-0180 85.00 87.00 172.00GALVIN, MARK P & SUSAN M08-21-31-5GT-0000-0110 85.00 87.00 172.00GERMAN, MARK F & THERESA M08-21-31-5GT-0000-0400 85.00 87.00 172.00GISH, KURT A & MARIA D08-21-31-5GT-0000-0380 85.00 87.00 172.00GOMEZ, COLLEEN M C & DELGADO GOMEZ, MARTIN D 08-21-31-502-0000-0790 0.00 87.00 87.00GREENBERG, KENNETH C & NANCY 08-21-31-5GT-0000-0660 0.00 104.40 104.40GUILFOYLE, CHRISTEN & GUILFOYLE, RICHARD & 08-21-31-502-0000-0780 85.00 87.00 172.00HALL, STEVEN M & ULRICA08-21-31-5GT-0000-0550 85.00 87.00 172.00HESS, LINDA P HEIR08-21-31-5GT-0000-0700 0.00 87.00 87.00HORAN, JOHN P & JOETTE Y08-21-31-5GT-0000-0230 85.00 87.00 172.00HUGH, SAM PAUL & DEBRA F08-21-31-5GT-0000-0510 85.00 87.00 172.00JACOBS, JASON J & SHANNON L08-21-31-5GT-0000-0730 85.00 87.00 172.00JACOBS, ROBERT M & JOYCE C08-21-31-5GT-0000-0710 0.00 87.00 87.00JOHNSTON, LAWRENCE W & ELLEN M 08-21-31-502-0000-0870 102.00 104.40 206.40JONES, TIMOTHY A & TRACY M08-21-31-5GT-0000-0530 0.00 104.40 104.40JUGE, MATTHEW K & SUSAN W08-21-31-5GT-0000-0290 85.00 87.00 172.00KAMINSKI, BEATA08-21-31-5GT-0000-0040 85.00 87.00 172.00KENNY, MARY A08-21-31-5GT-0000-0580 85.00 87.00 172.00Tuscawilla Units 12/12A Assessment AreaWinter Springs - Special Assessments139 Fiscal Year 2021-22 Annual AssessmentOwner NameParcel IDAnnual Improvement AssessmentAnnual Maintenance AssessmentTotal Annual AssessmentTuscawilla Units 12/12A Assessment AreaKERSZULIS, WALTER J & JOANNE F 08-21-31-5GT-0000-0690 85.00 87.00 172.00KNORST, MICHAEL D & SARAH A08-21-31-5GT-0000-0470 85.00 87.00 172.00KRAMER, BONNIE L TR08-21-31-5GT-0000-0130 85.00 87.00 172.00LAMB, JAMES T & JUDITH M08-21-31-5GT-0000-0220 85.00 87.00 172.00LEE, JONATHAN W & SYLVIA P08-21-31-502-0000-0830 102.00 104.40 206.40LEWIS, ROGER E TR & LEWIS, KATHLEEN A TR 08-21-31-5GT-0000-0090 85.00 87.00 172.00LOMBARD, CRAIG E & COOPER, JANET M 08-21-31-5GT-0000-0420 85.00 87.00 172.00LYKKEBAK, JOHN D08-21-31-5GT-0000-0440 85.00 87.00 172.00MACLAREN, JOSEPH A & TREVOR M 08-21-31-5GT-0000-0560 85.00 87.00 172.00MARTIN, ROBERT J JR & KIMBRAUGH L 08-21-31-5GT-0000-0140 85.00 87.00 172.00MC COWN, WILLIAM R & DARLENE M 08-21-31-5GT-0000-0250 0.00 87.00 87.00MCCANN, THOMAS J08-21-31-5GT-0000-0490 85.00 87.00 172.00MILLER, ROBERT & JEAN08-21-31-5GT-0000-0350 102.00 104.40 206.40MULLIGAN, JAMES B & NICOLE M08-21-31-5GT-0000-0640 102.00 104.40 206.40NAEGELE, STEPHANIE G08-21-31-5GT-0000-0050 85.00 87.00 172.00NELSON, ZACHARIAH J & CANDICE M 08-21-31-502-0000-0810 102.00 104.40 206.40PABIAN, MEGAN & PATRICK08-21-31-5GT-0000-0480 0.00 87.00 87.00PECHIN, ROBERT & BAHR, CRISTINA 08-21-31-502-0000-0020 85.00 87.00 172.00PEERY, SANDRA K08-21-31-5GT-0000-0390 85.00 87.00 172.00PEREZ, FRANCISCO & CASSANDRA 08-21-31-502-0000-0820 0.00 104.40 104.40PONCE, MIRIAM R08-21-31-5GT-0000-0270 85.00 87.00 172.00PONCE, MIRIAM R08-21-31-5GT-0000-0570 85.00 87.00 172.00RAJAGOPAL, SOWMIA K & SRIDHARAN, SURESH K 08-21-31-5GT-0000-0260 85.00 87.00 172.00RATTAN INVESTMENTS LLC08-21-31-5GT-0000-0190 85.00 87.00 172.00ROBERSON, SAMUEL A & SARAH R 08-21-31-5GT-0000-0520 102.00 104.40 206.40ROOP, ROBERT L & MYRA L B08-21-31-502-0000-0840 102.00 104.40 206.40RYAN, MARY E TR08-21-31-5GT-0000-0670 102.00 104.40 206.40RYNEARSON, ANDREW08-21-31-5GT-0000-0610 85.00 87.00 172.00SCHERWIN, RACHEL E & JEFFREY D 08-21-31-5GT-0000-0750 85.00 87.00 172.00SHAFER, RICHARD D & NICCUM, KATHLEEN J 08-21-31-5GT-0000-0080 85.00 87.00 172.00SHEIKH, MEHRDAD & VIRGINIA08-21-31-5GT-0000-0120 85.00 87.00 172.00SIMPSON, MARK08-21-31-502-0000-0850 102.00 104.40 206.40SINGH, HARDYAL & SINGH, STEPHENY & DANAHY, DANIEL 08-21-31-5GT-0000-0300 0.00 87.00 87.00SLOAN, CHARLES D JR & DIANE E 08-21-31-5GT-0000-0210 85.00 87.00 172.00SMITH, DAVID J JR & SHELLI D08-21-31-5GT-0000-0060 85.00 87.00 172.00STEENSON, ROBERT L & KATHLEEN V 08-21-31-5GT-0000-0600 85.00 87.00 172.00Winter Springs - Special Assessments240 Fiscal Year 2021-22 Annual AssessmentOwner NameParcel IDAnnual Improvement AssessmentAnnual Maintenance AssessmentTotal Annual AssessmentTuscawilla Units 12/12A Assessment AreaSUNDMAN, JOHN C & JOYCE L08-21-31-502-0000-0860 102.00 104.40 206.40SWAN, ROBERT A08-21-31-5GT-0000-0240 85.00 87.00 172.00SZAKOVITS, WILLIAM G ENH LIFE EST & SZAKOVITS, 08-21-31-5GT-0000-0460 0.00 104.40 104.40TAYLOR, JAMES S08-21-31-5GT-0000-0320 0.00 87.00 87.00TERRY, JOHN R & JOAN B08-21-31-5GT-0000-0100 0.00 87.00 87.00THIEL, FRANCISCO A ENH LIFE EST & THIEL, MARIA C 08-21-31-502-0000-0760 0.00 87.00 87.00TUCK, ALEXANDER F & JENNA G08-21-31-5GT-0000-0590 85.00 87.00 172.00TYLER, FORCIA08-21-31-5GT-0000-0280 85.00 87.00 172.00VEGA, JOSE A & ALMA L08-21-31-5GT-0000-0370 85.00 87.00 172.00VERNAU, JOSEPH R & DEBORAH E 08-21-31-5GT-0000-0500 85.00 87.00 172.00WALTERS, MARK & ELIZABETH08-21-31-5GT-0000-0430 85.00 87.00 172.00WALTHER, KEVIN & JESSICA08-21-31-5GT-0000-0740 85.00 87.00 172.00WILSON, GREGORY A & CORTES, WILSON NURIA 08-21-31-5GT-0000-0630 85.00 87.00 172.00WOODCOCK, ANDREW T & MARY B 08-21-31-5GT-0000-0170 85.00 87.00 172.00Project Totals86 Parcels $5,933.00 $7,812.60 $13,745.60Winter Springs - Special Assessments341 Fiscal Year 2021-22 Annual AssessmentParcel IDOwner NameAnnual Improvement AssessmentAnnual Maintenance AssessmentTotal Annual Assessment08-21-31-502-0000-0010 FRILEN ANNABELLE W REV TRUST$102.00 $104.40 $206.4008-21-31-502-0000-0020 PECHIN, ROBERT & BAHR, CRISTINA85.00 87.00 172.0008-21-31-502-0000-0030 BEAR, JONATHAN R CO-TRS & BEAR, CHERYL A CO-TRS 85.00 87.00 172.0008-21-31-502-0000-0760 THIEL, FRANCISCO A ENH LIFE EST & THIEL, MARIA C0.00 87.00 87.0008-21-31-502-0000-0770 DUBOIS, GARY S & BERNADETTE M85.00 87.00 172.0008-21-31-502-0000-0780 GUILFOYLE, CHRISTEN & GUILFOYLE, RICHARD &85.00 87.00 172.0008-21-31-502-0000-0790 GOMEZ, COLLEEN M C & DELGADO GOMEZ, MARTIN D0.00 87.00 87.0008-21-31-502-0000-0800 COOKSEY, NORMA M LIFE EST0.00 87.00 87.0008-21-31-502-0000-0810 NELSON, ZACHARIAH J & CANDICE M102.00 104.40 206.4008-21-31-502-0000-0820 PEREZ, FRANCISCO & CASSANDRA0.00 104.40 104.4008-21-31-502-0000-0830 LEE, JONATHAN W & SYLVIA P102.00 104.40 206.4008-21-31-502-0000-0840 ROOP, ROBERT L & MYRA L B102.00 104.40 206.4008-21-31-502-0000-0850 SIMPSON, MARK102.00 104.40 206.4008-21-31-502-0000-0860 SUNDMAN, JOHN C & JOYCE L102.00 104.40 206.4008-21-31-502-0000-0870 JOHNSTON, LAWRENCE W & ELLEN M102.00 104.40 206.4008-21-31-5GT-0000-0040 KAMINSKI, BEATA85.00 87.00 172.0008-21-31-5GT-0000-0050 NAEGELE, STEPHANIE G85.00 87.00 172.0008-21-31-5GT-0000-0060 SMITH, DAVID J JR & SHELLI D85.00 87.00 172.0008-21-31-5GT-0000-0070 FEHR, STEVEN E0.00 87.00 87.0008-21-31-5GT-0000-0080 SHAFER, RICHARD D & NICCUM, KATHLEEN J85.00 87.00 172.0008-21-31-5GT-0000-0090 LEWIS, ROGER E TR & LEWIS, KATHLEEN A TR85.00 87.00 172.0008-21-31-5GT-0000-0100 TERRY, JOHN R & JOAN B0.00 87.00 87.0008-21-31-5GT-0000-0110 GALVIN, MARK P & SUSAN M85.00 87.00 172.0008-21-31-5GT-0000-0120 SHEIKH, MEHRDAD & VIRGINIA85.00 87.00 172.0008-21-31-5GT-0000-0130 KRAMER, BONNIE L TR85.00 87.00 172.0008-21-31-5GT-0000-0140 MARTIN, ROBERT J JR & KIMBRAUGH L85.00 87.00 172.0008-21-31-5GT-0000-0150 BIVONA, THERESA A TR0.00 87.00 87.0008-21-31-5GT-0000-0160 BIVONA, ANDREW C85.00 87.00 172.0008-21-31-5GT-0000-0170 WOODCOCK, ANDREW T & MARY B85.00 87.00 172.0008-21-31-5GT-0000-0180 FROEHLICH, ALLEN K TR & FROEHLICH, THERESA E TR 85.00 87.00 172.0008-21-31-5GT-0000-0190 RATTAN INVESTMENTS LLC85.00 87.00 172.0008-21-31-5GT-0000-0200 BUTLER, STEVEN V ENH LIFE EST & BUTLER, KATHLEEN G 0.00 87.00 87.0008-21-31-5GT-0000-0210 SLOAN, CHARLES D JR & DIANE E85.00 87.00 172.0008-21-31-5GT-0000-0220 LAMB, JAMES T & JUDITH M85.00 87.00 172.0008-21-31-5GT-0000-0230 HORAN, JOHN P & JOETTE Y85.00 87.00 172.0008-21-31-5GT-0000-0240 SWAN, ROBERT A85.00 87.00 172.00Tuscawilla Units 12/12A Assessment AreaWinter Springs - Special Assessments142 Fiscal Year 2021-22 Annual AssessmentParcel IDOwner NameAnnual Improvement AssessmentAnnual Maintenance AssessmentTotal Annual AssessmentTuscawilla Units 12/12A Assessment Area08-21-31-5GT-0000-0250 MC COWN, WILLIAM R & DARLENE M0.00 87.00 87.0008-21-31-5GT-0000-0260 RAJAGOPAL, SOWMIA K & SRIDHARAN, SURESH K85.00 87.00 172.0008-21-31-5GT-0000-0270 PONCE, MIRIAM R85.00 87.00 172.0008-21-31-5GT-0000-0280 TYLER, FORCIA85.00 87.00 172.0008-21-31-5GT-0000-0290 JUGE, MATTHEW K & SUSAN W85.00 87.00 172.0008-21-31-5GT-0000-0300 SINGH, HARDYAL & SINGH, STEPHENY & DANAHY, DANIEL 0.00 87.00 87.0008-21-31-5GT-0000-0320 TAYLOR, JAMES S0.00 87.00 87.0008-21-31-5GT-0000-0330 BOLDT, DAVID W & SHARON85.00 87.00 172.0008-21-31-5GT-0000-0340 CALABRO, STEPHEN H & JODY A85.00 87.00 172.0008-21-31-5GT-0000-0350 MILLER, ROBERT & JEAN102.00 104.40 206.4008-21-31-5GT-0000-0360 ABLANEDO, CARLOS M102.00 104.40 206.4008-21-31-5GT-0000-0370 VEGA, JOSE A & ALMA L85.00 87.00 172.0008-21-31-5GT-0000-0380 GISH, KURT A & MARIA D85.00 87.00 172.0008-21-31-5GT-0000-0390 PEERY, SANDRA K85.00 87.00 172.0008-21-31-5GT-0000-0400 GERMAN, MARK F & THERESA M85.00 87.00 172.0008-21-31-5GT-0000-0410 CAMARANO, MICHAEL & LORRAINE R85.00 87.00 172.0008-21-31-5GT-0000-0420 LOMBARD, CRAIG E & COOPER, JANET M85.00 87.00 172.0008-21-31-5GT-0000-0430 WALTERS, MARK & ELIZABETH85.00 87.00 172.0008-21-31-5GT-0000-0440 LYKKEBAK, JOHN D85.00 87.00 172.0008-21-31-5GT-0000-0450 CAMPBELL, JAMES & ELIZABETH0.00 104.40 104.4008-21-31-5GT-0000-0460 SZAKOVITS, WILLIAM G ENH LIFE EST & SZAKOVITS,0.00 104.40 104.4008-21-31-5GT-0000-0470 KNORST, MICHAEL D & SARAH A85.00 87.00 172.0008-21-31-5GT-0000-0480 PABIAN, MEGAN & PATRICK0.00 87.00 87.0008-21-31-5GT-0000-0490 MCCANN, THOMAS J85.00 87.00 172.0008-21-31-5GT-0000-0500 VERNAU, JOSEPH R & DEBORAH E85.00 87.00 172.0008-21-31-5GT-0000-0510 HUGH, SAM PAUL & DEBRA F85.00 87.00 172.0008-21-31-5GT-0000-0520 ROBERSON, SAMUEL A & SARAH R102.00 104.40 206.4008-21-31-5GT-0000-0530 JONES, TIMOTHY A & TRACY M0.00 104.40 104.4008-21-31-5GT-0000-0540 CIUPIK, JOHN J & BARBARA J85.00 87.00 172.0008-21-31-5GT-0000-0550 HALL, STEVEN M & ULRICA85.00 87.00 172.0008-21-31-5GT-0000-0560 MACLAREN, JOSEPH A & TREVOR M85.00 87.00 172.0008-21-31-5GT-0000-0570 PONCE, MIRIAM R85.00 87.00 172.0008-21-31-5GT-0000-0580 KENNY, MARY A85.00 87.00 172.0008-21-31-5GT-0000-0590 TUCK, ALEXANDER F & JENNA G85.00 87.00 172.0008-21-31-5GT-0000-0600 STEENSON, ROBERT L & KATHLEEN V85.00 87.00 172.0008-21-31-5GT-0000-0610 RYNEARSON, ANDREW85.00 87.00 172.00Winter Springs - Special Assessments243 Fiscal Year 2021-22 Annual AssessmentParcel IDOwner NameAnnual Improvement AssessmentAnnual Maintenance AssessmentTotal Annual AssessmentTuscawilla Units 12/12A Assessment Area08-21-31-5GT-0000-0620 CURRAN, JAMES C & STEPHANIE A85.00 87.00 172.0008-21-31-5GT-0000-0630 WILSON, GREGORY A & CORTES, WILSON NURIA85.00 87.00 172.0008-21-31-5GT-0000-0640 MULLIGAN, JAMES B & NICOLE M102.00 104.40 206.4008-21-31-5GT-0000-0650 CHERRY, WINGATE FELICE & WINGATE, DARRYL102.00 104.40 206.4008-21-31-5GT-0000-0660 GREENBERG, KENNETH C & NANCY0.00 104.40 104.4008-21-31-5GT-0000-0670 RYAN, MARY E TR102.00 104.40 206.4008-21-31-5GT-0000-0680 BOGGS, JEFFREY D & KATHRYN M102.00 104.40 206.4008-21-31-5GT-0000-0690 KERSZULIS, WALTER J & JOANNE F85.00 87.00 172.0008-21-31-5GT-0000-0700 HESS, LINDA P HEIR0.00 87.00 87.0008-21-31-5GT-0000-0710 JACOBS, ROBERT M & JOYCE C0.00 87.00 87.0008-21-31-5GT-0000-0720 CANNISTRACI, RUSSELL L & DEENA M0.00 87.00 87.0008-21-31-5GT-0000-0730 JACOBS, JASON J & SHANNON L85.00 87.00 172.0008-21-31-5GT-0000-0740 WALTHER, KEVIN & JESSICA85.00 87.00 172.0008-21-31-5GT-0000-0750 SCHERWIN, RACHEL E & JEFFREY D85.00 87.00 172.00Project Totals86 Parcels$5,933.00 $7,812.60 $13,745.60Winter Springs - Special Assessments344 45 CONSENT AGENDA ITEM 302 CITY COMMISSION AGENDA | AUGUST 9, 2021 REGULAR MEETING TITLE Contract with the Seminole County Sheriff's Office for Dispatch Service Consolidation SUMMARY As was discussed during the Regular Commission meeting on July 12, 2021, the Winter Springs Police Department (WSPD) currently operates a Communications Center for emergency services as a Public Safety Answering Point (PSAP). The Seminole County Sheriff's Office (SCSO) and the City of Winter Springs desire to enter into a contractual agreement to consolidate emergency dispatching services for the City through the SCSO. Currently, the SCSO serves all of the municipalities in the county in the capacity of a PSAP expect Winter Springs. The law enforcement agencies within the county have shared the same call for service dispatching system (CAD) and radio communications platforms for decades. Consolidation of communications services will be a transparent operational action to our residents and those in need calling for police or emergency medical services, as all non-emergency phone calls coming in through the business phone line number will remain constant. 911 emergency calls will be routed through SCSO regardless of landline or cellular phone origin. The police department staff requests the consent of the Commission to permit the City Manager and City Attorney to execute the contract and all applicable documents with the SCSO for these services associated with the desired consolidation. RECOMMENDATION Approve the City Manager and City Attorney to execute the contract and all applicable documents with the Seminole County Sheriff's Office for emergency dispatching services consolidation. 46 1 AGREEMENT BETWEEN the SEMINOLE COUNTY SHERIFF’S OFFICE and the CITY OF WINTER SPRINGS for LAW ENFORCEMENT DISPATCHING SERVICES THIS AGREEMENT is made and entered into by and between Dennis M. Lemma, as Sheriff of Seminole County on behalf of the Seminole County Sheriff’s Office, a Constitutional Officer of the political subdivision of Seminole County, State of Florida, whose address 100 Eslinger Way, Sanford, Florida 32773, hereinafter referred to as “SCSO”, and the City of Winter Springs, whose address is 1126 East State Road 434, Winter Springs, Florida 32708, hereinafter referred to as “WINTER SPRINGS”. W I T N E S S E T H: WHEREAS, in accordance with Sections 163.01 (2) and 163.01 (14) Florida Statutes, SCSO and WINTER SPRINGS are authorized to enter into inter-local agreements for the provision of services; and WHEREAS, SCSO maintains seven days per week, twenty-four hour per day law enforcement dispatching services; and WHEREAS, WINTER SPRINGS has determined that it is advantageous for the city and its residents to contract with SCSO for the provision of law enforcement dispatching services. NOW, THEREFORE, in consideration of the mutual understandings and Agreements set forth herein, SCSO and WINTER SPRINGS agree as follows: 1. Term and Termination The term of this Agreement shall begin on the “transfer date,” until September 30, 2024, the dates of signature of the parties notwithstanding, and shall be renewable for a new term thereafter upon mutual written agreement by both parties and in accordance with applicable clauses set forth herein. The “transfer date” is anticipated to be September 21, 2021, or such later date that is mutually agreed upon by both parties. This Agreement may be terminated by either party, with or without cause, by providing twelve months written notification in advance to the other party. Notification shall be by hand delivery or certified mail to the designated 47 2 representative listed in Section 10 Notices. In the event of termination, payment for services will be prorated to coincide with the date of termination. 2. Purpose The purpose of this Agreement is to provide law enforcement dispatch services for the Winter Springs Police Department and city residents as requested by WINTER SPRINGS. 3. Third Party Beneficiaries This Agreement is intended to apply to the two parties to this agreement only and there are no third-party beneficiaries to this Agreement. 4. Cooperation It is agreed that both parties shall provide all reasonable and necessary cooperation and assistance so as to facilitate this Agreement. 5. Basic Services A. SCSO agrees to: i) Provide law enforcement dispatching services for the Winter Springs Police Department twenty-four hours per day, seven days per week. In addition to 911 calls, other calls for services are to be directed to telephone numbers to be provided by SCSO and SCSO will dispatch WINTER SPRINGS police units in response. ii) Provide necessary instruction and training in SCSO’s radio protocol and communications procedures necessary for the provision of dispatch services. iii) Maintain a numbered zone or other appropriate means of identification for calls received and dispatched for WINTER SPRINGS. iv) Keep adequate records and provide report data to WINTER SPRINGS or the general public in such formats and at such time intervals as are mutually agreed upon by both parties. v) Provide the WINTER SPRINGS Police Department twenty-four hours a day, seven days a week access to information contained in the Florida Crime Information Center System (FCIC), National Crime Information Center System (NCIC), National Law Enforcement Telecommunications System (NLETS), other state and national criminal justice information systems, motor vehicle registry, drivers license registry, boat registry, and administrative information systems and other such databases currently available to law enforcement agencies. Access to this service is controlled by the terms and conditions outlined in the Interagency Agreement for Criminal Justice Computer Services and Support between WINTER SPRINGS and SCSO, Attachment A to this Agreement. vi) Provide for sufficient number of personnel, appropriately qualified, to perform law enforcement dispatch services set forth within this Agreement. 48 3 vii) The SCSO maintains the records for the dispatch center, however WINTER SPRINGS will remain the custodian of the dispatch records for the Winter Springs Police Department. In the event SCSO receives a public records request for WINTER SPRINGS records maintained by SCSO pursuant to this Agreement, SCSO will forward the request to WINTER SPRINGS and WINTER SPRINGS will be responsible for responding to such request. SCSO will not respond to any public records requests for WINTER SPRINGS records. viii) SCSO will maintain all WINTER SPRINGS dispatch records under this Agreement in accordance with Florida law. B. WINTER SPRINGS agrees to: i) Insure that the Winter Springs Police Department observes the instructions and standard operating procedures to be provided by SCSO for radio protocol and for coordination of dispatching efforts under the Agreement. ii) Provide adequate radio equipment, compatible with communications equipment utilized by SCSO, to City police officers. iii) In situations where the Winter Springs Chief of Police or any other Winter Springs officer needs to dispatch City police officers, an SCSO dispatcher is to be notified as soon as possible as to the nature of the call and the location to which the police unit was dispatched. iv) WINTER SPRINGS shall supply SCSO with a list of all personnel authorized to liaison with SCSO in regards to the provision of services as set forth within this Agreement. The Winter Springs Chief of Police shall also advise SCSO as to which types of calls reported and/or dispatched require notification to the Chief or designee(s). v) Winter Springs’s non-emergency police department telephone number that can be reached by the public during the business hours, will at the very least have an after-hours message that instructs the caller to hang up and dial 9-1-1 if the call is an emergency. vi) It is understood by WINTER SPRINGS that the services called for in this Agreement only includes dispatch services for law enforcement activities and does not include dispatch service for non-law enforcement activities, telephone complaint report writing, or walk-in complaints directed to the Winter Springs Police Department. SCSO will refer any such telephone and walk-in complaints to the Winter Springs Police Department. vii) WINTER SPRINGS agrees to keep its dispatch center facility in an operational fashion (i.e. working phone lines and dispatch terminals) and allow SCSO full access and use of the Winter Spring’s dispatch center facility following the transfer date of this contract to utilize during SCSO’s Communication Center Expansion and Remodeling Project (the “Project”) in order to facilitate SCSO dispatch center operations as needed during the Project. The Project is anticipated to be completed by March 31, 2022. 49 4 C. BOTH PARTIES agree: i) To fully comply with all terms set forth in this Agreement including attachments as applicable thereto, between SCSO and the Winter Springs Chief of Police. This Agreement includes Attachment “A” regarding the NCIC/FCIC databases, which is attached hereto and incorporated herein by reference. ii) That SCSO shall have and maintain all responsibility and control over the delivery of services as set forth herein, standards of performance, discipline of personnel and other matters incident to the performance of services, duties and responsibilities described and contemplated herein. iii) That SCSO’s Communication Center Division employees are not employees of WINTER SPRINGS, and are not entitled to wages or benefits that belong to WINTER SPRINGS employees. iv) To transfer the employment of up to six (6) incumbent full-time WINTER SPRINGS dispatch employees (Attachment B) and further agree: a. That SCSO will hire the six (6) incumbent employees, currently employed full-time by WINTER SPRINGS, to work in the SCSO Communications Division; provided they meet all employment requirements of SCSO. If any of the incumbents do not meet the employment requirements of SCSO, notification will be made to WINTER SPRINGS regarding incumbent’s ineligibility as soon as practicable after making the determination. b. That the incumbent employees accepted for hire by SCSO will begin employment on the transfer date, their SCSO hire date, and in the job classification determined by SCSO and at their existing WINTER SPRINGS hourly rate of pay. c. That accumulated leave balances of up to 200 hours may be transferred to SCSO as PTO (personal time-off). Employees will accrue leave time under SCSO policy based on their date of hire with WINTER SPRINGS. That any remaining leave balances not transferred to SCSO will remain the responsibility of WINTER SPRINGS. d. That Group benefits will be provided as established for SCSO full-time employees. That WINTER SPRINGS will provide benefit plan coverage (i.e. health, dental, vision, etc.) for employees transferring through the end of the month following the month of transfer, to ensure that employees transferred do not have a lapse in benefit plan coverage. e. That SCSO will cover employees for pension under the Florida Retirement System (FRS) as new employees on the date of transfer and as provided through FRS. That all current pension plan benefits regarding WINTER SPRINGS pension plans will remain the responsibility of WINTER SPRINGS. 50 5 6. Compensation and Payment A. Cost for Services Cost of services reflects SCSO’s determination of the fair and reasonable share of WINTER SPRINGS’s cost of SCSO’s Communications Center. WINTER SPRINGS agrees to pay SCSO for services rendered as set forth in this agreement on a fiscal year basis (in the initial year of service pricing is prorated on a monthly basis, beginning with the month of implementation) commencing October 1st and ending September 30th of each year. Pricing will be provided to the City by July 1st of each year for the ensuing fiscal year. Pricing shall be capped at a 5% growth per annum with the original pricing set at $458,000, the pricing for fiscal year 2021-22. The parties recognize that these services will be commenced at a mutually agreed upon transfer date, and the cost will be pro-rated at $114,500 per quarter, or $38,167 per month, if less than a full quarter. The annual amount is payable on a quarterly basis in accordance with the following payment schedule: Performance Period Payment Due Oct. 1st – Dec. 31st Nov. 15th January 1st – March 31st February 15th April 1st – June 30th May 15th July 1st – September 30th August 15th B. Payments to be sent to All payments from WINTER SPRINGS to SCSO shall be sent to the following address: Seminole County Sheriff’s Office Fiscal Services Division 100 Eslinger Way Sanford, FL. 32773 Ref: Law Enforcement Dispatching Services Agreement 7. Indemnification/Liability Pursuant to 768.28(19) Florida Statutes, neither SCSO nor WINTER SPRINGS waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into this Agreement. This Agreement does not contain any provision that requires one party to indemnify or insure the other party for the other party’s actions, or to assume any liability for the other party’s actions. Each Party agrees that it is solely responsible for the wrongful acts of its officers, employees, agents and volunteers. 51 6 8. Authority over SCSO. Both PARTIES agree that WINTER SPRINGS’s determination to cause the provision of services by this Agreement is an exercise of the legislative function of WINTER SPRINGS and that at no time will WINTER SPRINGS exercise any specific operational control over the activities of SCSO. 9. Dispute Resolution This Agreement shall be governed by and construed with the laws of the State of Florida. Venue shall be in Seminole County, Florida. The SCSO Communications Division Director or his designee and the WINTER SPRINGS Chief of Police or his designee shall resolve minor disputes. 10. Notices Whenever any party desires to give notice unto the other party, notice may be sent to: For SCSO Lisa Spriggs, Chief of Administrative Services Seminole County Sheriff’s Office 100 Eslinger Way Sanford, Florida 32773 For WINTER SPRINGS Shawn Boyle, City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 11. Assignment This Agreement may not be assigned, in whole or in part, by any of the parties without the express written consent of the other party. 12. Entire Agreement It is understood and agreed that the entire Agreement of the parties is contained herein and that this Agreement supersedes all oral Agreements and negotiations between the parties relating to the subject matter hereof, as well as any previous Agreement presently in effect between the parties relating to the subject matter hereof. Any alterations, amendment, deletions, or waivers of the provisions of the Agreement shall be valid only when expressed in writing, approved by the respective parties and duly executed on behalf of each party as set forth herein. 13. Filing with Clerk of the Court This Agreement will become effective upon filing with the Seminole County Clerk of the Court. WINTER SPRINGS agrees to file this Agreement with the Clerk of Court within 10 days of the last date of execution. 52 7 IN WITNESS WHEREOF, the parties to this Agreement have caused their name to be affixed hereto by the proper officers thereof for the purposes herein expressed. City of WINTER SPRINGS Seminole County Sheriff’s Office By: Kevin McCann Mayor By: Dennis M. Lemma Seminole County Sheriff ATTEST: ___________________________ By: Christian Gowan, City Clerk Date Date 53 8 Attachment A: NCIC/FCIC DATABASES In accordance with policies and procedures set forth by the Federal Bureau of Investigation (FBI) and the Florida Department of Law Enforcement (FDLE) concerning the use of NCIC and FCIC databases, the following applies: The City of Winter Springs Police Department hereinafter shall be referred to as the Owner of the Record. The Seminole County Sheriff’s Office shall hereinafter be referred to as the Holder of the Record. The Seminole County Sheriff’s Office Communications Division shall be responsible for entering records into the NCIC/FCIC automated systems. SCSO’s responsibilities: 1. The Holder of the Record shall be responsible for updating all records maintained in the NCIC and/or FCIC automated systems. 2. The Holder of the Record shall be responsible for confirming a hit on a record in accordance with policies and procedures established by the FBI/NCIC and the FDLE/FCIC system on behalf of the Seminole County Sheriff’s Office. 3. The Holder of the Record shall be responsible for removing records from the file in accordance with established NCIC/FCIC policies and procedures. WINTER SPRINGS’S responsibilities: 1. The Owner of the Record shall notify the Holder of the Record immediately when any record covered under the terms of this Agreement is to be cancelled or modified in accordance with applicable NCIC/FCIC procedures. 2. The Owner of the Record shall provide complete supporting documentation to the Holder of the Record prior to initial record entries being made. 3. The Owner of the Record shall validate each record covered under the terms of this Agreement in accordance with NCIC/FCIC policies and procedures. If the City of Winter Springs Police Department maintains a direct connect NCIC/FCIC workstation, the City of Winter Springs Police Department still must sign an FDLE Criminal Justice User Agreement. 54 9 Attachment B: WINTER SPRINGS FULL-TIME DISPATCH EMPLOYEES Last Name First Name Date of Hire Hourly Pay Rate Klepin Jennifer 12/27/1999 $20.94 Brana Shelly 12/15/2005 $21.09 Lewis Cristen 11/2/2016 $15.08 Koch Nicholas 4/3/2017 $15.28 Perry Brandy 5/21/1018 $15.75 McCoy Helen 5/26/2020 $14.89 55 CONSENT AGENDA ITEM 303 CITY COMMISSION AGENDA | AUGUST 9, 2021 REGULAR MEETING TITLE Police Portable Radio Purchase SUMMARY As of December of 2019, the Motorola XTS portable radios in use by some of our personnel were no longer under factory repair warranty or support. The police department is working under a replacement schedule to remove obsolete communications equipment and replace them with new radios. During this budget year, funding is available in the FY21 operating budget and from the 3rd Generation Infrastructure Fund (121-4130) to replace old portable radios. The police department is requesting the consent of the Commission to purchase these radios using these dedicated funds via State NASPO contract pricing. As part of this purchase, we will be receiving a credit from the vendor for obsolete portable radio units being traded in. A list of those radios is also attached to this agenda item and we are also requesting consent from the Commission to simultaneously dispose of these assets via "trade-in" method through this purchase. RECOMMENDATION Staff recommends the Commission consent to the purchase of new portable radios both from the approved FY21 3rd Generation Infrastructure Fund (121- 4130) using NASPO State of Florida contract (43190000-18-ACS-1) pricing and existing FY21 budgeted funds not to exceed $185,000 and subsequent concurrent disposal of trade-in portable radio assets. 56 AMENDMENT NO.: 2 - Renewal Alternate Contract Source No.: 43190000-18-NASPO-ACS-1 Alternate Contract Source Name: Public Safety Communication Equipment, Phase 1: Radios, Consoles, Antennas, and Repeaters Page 1 of 2 This Amendment No. 2 (“Amendment”), effective on the date of the last signature below, to Alternate Contract Source No. 43190000-18-NASPO-ACS-1, Public Safety Communication Equipment, Phase 1: Radios, Consoles, Antennas, and Repeaters (“Participating Addendum,” “ACS,” or “Contract”), is made by and between the State of Florida (“State”), Department of Management Services (“Department”), and Motorola Solutions (“Contractor”), collectively referred to herein as the “Parties.” All capitalized terms used herein have the meaning assigned to them in the ACS, unless otherwise defined herein. WHEREAS, the Parties entered into the ACS, effective January 1, 2018, through July 1, 2020, for the provision of Public Safety Communication Equipment, pursuant to State of Washington Master Agreement No. 06913 (“Master Agreement”); WHEREAS, the Parties entered into Amendment No. 1, on March 21, 2019, which revised the July 1, 2020, end date of the ACS with the new end date, June 30, 2021; WHEREAS, the State of Washington and Contractor agreed to extend the Master Agreement through December 31, 2021; WHEREAS, the Department has evaluated the ACS and determined that continuation of the ACS is cost-effective and in the best interest of the State; WHEREAS, the Parties agreed that the ACS may be amended as provided in Section 6, Amendments, of the ACS; and WHEREAS, the Parties wish to renew and amend the ACS as set forth herein. THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to the following: I. Amendments. a) Exhibit A: Florida General Contract Conditions is hereby deleted in its entirety and replaced with the attached Exhibit B: Special Contract Conditions, July 1, 2019 Version. b) Exhibit B: Florida Special Contract Conditions is hereby deleted in its entirety and replaced with the attached Exhibit A: Additional Special Contract Conditions. c) Section 3, Participating State Modifications or Additions to Master Agreement, of the ACS is hereby deleted in its entirety and replaced with the following: DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 57 AMENDMENT NO.: 2 - Renewal Alternate Contract Source No.: 43190000-18-NASPO-ACS-1 Alternate Contract Source Name: Public Safety Communication Equipment, Phase 1: Radios, Consoles, Antennas, and Repeaters Page 2 of 2 3. Contract Document and Order of Precedence. This Contract document and the attached exhibits constitute the Contract and the entire understanding of the Parties. All exhibits listed below are incorporated into and form part of this Contract. In the event of a conflict, the following order of precedence shall apply: 1) The ACS and amendments, with latest issued having priority 2) Exhibit A, Additional Special Contract Conditions 3) Exhibit B, Special Contract Conditions 4) Exhibit C, NASPO ValuePoint Master Agreement Number 06913 II. Renewal. In accordance with Section 2.2, Renewal, of Exhibit B, Special Contract Conditions, the ACS is hereby renewed for a period of six (6) months, effective July 1, 2021, with a new expiration date of December 31, 2021. III. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the ACS, the terms of this Amendment shall control. IV. Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in the ACS, as previously amended, shall continue in full force and effect. IN WITNESS WHEREOF, the Parties have executed this Amendment by their duly authorized representatives. State of Florida: Department of Management Services Contractor: Motorola Solutions By: _____________________________ By: _____________________________ Name: Tami Fillyaw Name: Title: Chief of Staff Title: Date: ____________________________ Date: ____________________________ DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 6/1/2021 | 3:32 PM EDT Account Executive Jay Etheridge 6/3/2021 | 3:07 PM EDT 58 1 ADDITIONAL SPECIAL CONTRACT CONDITIONS EXHIBIT A The Contractor and Customers acknowledge and agree to be bound by the terms and conditions of the Master Agreement except as otherwise specified in the Department’s Contract as modified and supplemented by the Special Contract Conditions and these Additional Special Contract Conditions. Contractor acknowledges that the Participating State is an agency of the State of Florida and as such, the Contract will include the terms and conditions in these Additional Special Contract Conditions. All references to the Contract in these Additional Special Contract Conditions include the terms and conditions herein. A. Orders: Contractor must be able to accept the State of Florida Purchasing Card and MyFloridaMarketPlace (MFMP) purchase orders. B. Contractor and Applicable Subcontractors, Affiliates, Partners, Resellers, Distributors, and Dealers: By execution of a Contract, the Contractor acknowledges that it will not be released of its contractual obligations to the Department because of any failure of a subcontractor, reseller, distributor, or dealer. The Contract terms are applicable to subcontractors, resellers, distributors, and dealers and shall apply to the Contractor’s Applicable Subcontractors, Affiliates, Partners, Resellers, Distributors, and Dealers providing commodities and performing services in furtherance of the Contract. The Contractor is fully responsible for satisfactory completion of all work performed under the Contract. C. Purchases Prerequisites: Before fulfilling any Customer purchases and receiving payment, the Contractor and applicable Subcontractors, Affiliates, Partners, Resellers, Distributors, and Dealers must have met the following requirements, unless further notated below: • Have an active registration with the Florida Department of State, Division of Corporations (www.sunbiz.org), or, if exempt from the registration requirements, provide the Department with the basis for such exemption. • Be registered in the MFMP Vendor Information Portal (https://vendor.myfloridamarketplace.com) *only required by applicable Subcontractors, Affiliates, Partners, Resellers, Distributors, and Dealers if receiving payment. • Not be on the State’s Convicted, Suspended, or Discriminatory Vendor lists (http://www.dms.myflorida.com/business_operations/State_purchasing/vendor_in formation/convicted_suspended_discriminatory_complaints_vendor_lists) • Have a copy of e-Verify Status on file DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 59 2 • Have a current W-9 filed with the Florida Department of Financial Services (https://flvendor.myfloridacfo.com) *only required by applicable Subcontractors, Affiliates, Partners, Resellers, Distributors, and Dealers if receiving payment. D. MFMP Electronic Invoicing: The Contractor may supply electronic invoices in lieu of paper-based invoices for those transactions processed through MFMP. Electronic invoices may be submitted to the agency through one of the mechanisms as listed below: 1) EDI (Electronic Data Interchange) This standard establishes the data contents of the Invoice Transaction Set (810) for use within the context of an Electronic Data Interchange (EDI) environment. This transaction set can be used for invoicing via the Ariba Network (AN) for catalog and non-catalog goods and services. 2) PO Flip via AN This online process allows Contractors to submit invoices via the AN for catalog and non-catalog goods and services. Contractors have the ability to create an invoice directly from their inbox in their AN account by simply "flipping" the PO into an invoice. This option does not require any special software or technical capabilities. The Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third-party provider of MFMP, a State contractor, the right and license to use, reproduce, transmit, distribute, and publicly display within MFMP. In addition, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third-party provider the right and license to reproduce and display within MFMP the Contractor's trademarks, system marks, logos, trade dress, or other branding designation that identifies the products made available by the Contractor under the Contract. The Contractor will work with the MFMP management team to obtain specific requirements for the electronic invoicing if needed. E. Contract Reporting: The Contractor shall provide the following reports associated with this Contract. 1) Contract Quarterly Sales Reports. The Contractor shall submit Quarterly Sales Reports to the Department’s Contract Manager within 30 calendar days after the close of each State fiscal quarter (the State’s fiscal quarters close on September 30, December 31, March 31, and June 30). The Contractor’s first Quarterly Sales Report will be due 30 calendar days after the first full quarter following Contract execution. DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 60 3 Reports must be submitted in MS Excel format and can be retrieved by accessing the following link at FL DMS Quarterly Sales Report Form. The report shall include all Customer sales received and associated with this Contract during the quarter. Initiation and submission of the Quarterly Sales Report is the responsibility of the Contractor without prompting or notification from the Department’s Contract Manager. If no orders are received during the period, the Contractor must submit a report stating that there was no activity. If the Contractor fails to submit two consecutive quarterly sales reports, the Contract may be terminated, or the Department may choose to not renew the Contract. 2) Certified and Minority Business Enterprises Reports. Upon Customer request, the Contractor shall report to each Customer, spend with certified and other minority business enterprises in the provision of commodities or services related to the Customer orders. These reports shall include the period covered; the name, minority code, and Federal Employer Identification Number of each minority business enterprise utilized during the period; commodities and services provided by the minority business enterprise; and the amount paid to each minority business enterprise on behalf of the Customer. 3) Ad Hoc Sales Reports. The Department may require additional Contract sales information such as copies of purchase orders or ad hoc sales reports. The Contractor shall submit these documents and reports within the timeframe specified by the Department. 4) MFMP Transaction Fee Reports. The Contractor shall submit monthly MFMP Transaction Fee Reports to the Department. Reports are due 15 calendar days after the end of each month. Information on how to submit MFMP Transaction Fee Reports online can be located on the Transaction Fee and Reporting website. Assistance with the transaction fee reporting system is also available from the MFMP Customer Service Desk by email at feeprocessing@myfloridamarketplace.com or telephone at 866-FLA-EPRO (866-352-3776) from 8:00 a.m. to 6:00 p.m. Eastern Time. F. Financial Consequences: The following financial consequences will apply for the Contractor’s non-performance of the provision of the Quarterly Sales Reports and the MFMP Transaction Fee Reports. The State of Florida reserves the right to withhold payment or implement other appropriate remedies, such as Contract termination or nonrenewal, when the Contractor has failed to comply with these provisions of the Contract. The Contractor and the Department agree that the financial consequences for non-performance are an estimate of damages which are difficult to ascertain and are not DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 61 4 penalties. The financial consequences will be paid via check or money order and made out to the Department of Management Services in U.S. dollars within 30 calendar days after the required report submission date. These consequences are individually assessed for failures over each target period beginning with the first full month or quarter of the contract performance and every month or quarter, respectively, thereafter. Financial Consequences Chart Quarterly reporting timeframes coincide with the State Fiscal Year as follows: Quarter 1 - (July-September) – due 30 calendar days after close of the period Quarter 2 - (October-December) – due 30 calendar days after close of the period Quarter 3 - (January-March) – due 30 calendar days after close of the period Quarter 4 - (April-June) – due 30 calendar days after close of the period Deliverable Performance Metric Performance Due Date Financial Consequence for Non- Performance (Per Calendar Day Late/Not Received by the Contract Manager) Contractor will timely submit complete Quarterly Sales Reports All Quarterly Sales Reports will be submitted timely with the required information Reports are due on or before the 30th calendar day after the close of each State fiscal quarter $250 Contractor will timely submit complete MFMP Transaction Fee Reports All MFMP Transaction Fee Reports will be submitted timely with the required information Reports are due on or before the 15th calendar day after the close of each month $100 DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 62 5 The Department may not consider renewal of a Contract or price adjustments if the Contractor is late on submitting required reports or for outstanding fees owed. G. Business Review Meetings: Both the Department and Customer reserve the right to schedule business review meetings. The Department or Customer will provide the format for the Contractor's agenda. In the event the Department or Customer schedules a business review meeting, the Contractor shall submit the completed agenda to the Department or Customer for review and acceptance prior to the meeting. The Contractor shall address the agenda items and any of the Department’s or Customer’s additional concerns at the meeting. At a minimum, the agenda items may include: a. Contract compliance b. Savings report (in dollar amount and cost avoidance) c. Spend reports by Customer d. Recommendations for improved compliance and performance Failure to comply with this section may result in the Contractor being placed on a Corrective Action Plan and possible termination of the Contract. H. 13.2 E-Verify: The Contractor (and its subcontractors) have an obligation to utilize the U.S. Department of Homeland Security’s (DHS) E-Verify system for all newly hired employees. By executing this Contract, the Contractor certifies that it is registered with, and uses, the E-Verify system for all newly hired employees. The Contractor must obtain an affidavit from its subcontractors in accordance with paragraph (2)(b) of section 448.095, F.S., and maintain a copy of such affidavit for the duration of the Contract. In order to implement this provision, the Contractor shall provide a copy of its DHS Memorandum of Understanding (MOU) to the Department’s Contract Manager within five (5) days of Contract execution. This section serves as notice to the Contractor regarding the requirements of section 448.095, F.S., specifically sub-paragraph (2)(c)1, and the Department’s obligation to terminate the Contract if it has a good faith belief that the Contractor has knowingly violated section 448.09(1), F.S. If terminated for such reason, the Contractor will not be eligible for award of a public contract for at least one (1) year after the date of such termination. The Department reserves the right to order the immediate termination of any contract between the Contractor and a subcontractor performing work on its behalf should the Department develop a good faith belief that the subcontractor has knowingly violated section 448.095(1), F.S. DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 63 SP approved version 7‐1‐2019 1 SPECIAL CONTRACT CONDITIONS JULY 1, 2019 VERSION Table of Contents SECTION 1. DEFINITION. .......................................................................................................................... 2 SECTION 2. CONTRACT TERM AND TERMINATION. ................................................................................ 2 SECTION 3. PAYMENT AND FEES. ............................................................................................................ 3 SECTION 4. CONTRACT MANAGEMENT. ................................................................................................. 4 SECTION 5. COMPLIANCE WITH LAWS. ................................................................................................... 6 SECTION 6. MISCELLANEOUS. ................................................................................................................. 7 SECTION 7. LIABILITY AND INSURANCE…………………………………………………………………………………………….. 9 SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL PROPERTY. ............................................................................................................................................. 10 SECTION 9. DATA SECURITY. ................................................................................................................. 12 SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS. ......................................................... 13 SECTION 11. CONTRACT MONITORING. ............................................................................................... 14 SECTION 12. CONTRACT AUDITS. .......................................................................................................... 15 SECTION 13. BACKGROUND SCREENING AND SECURITY. ..................................................................... 16 SECTION 14. WARRANTY OF CONTRACTOR’S ABILITY TO PERFORM. ................................................... 17 In accordance with Rule 60A-1.002(7), F.A.C., Form PUR 1000 is included herein by reference but is superseded in its entirety by these Special Contract Conditions. Exhibit B DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 64 SP approved version 7‐1‐2019 2 SECTION 1. DEFINITION. The following definition applies in addition to the definitions in Chapter 287, Florida Statutes (F.S.), and Rule Chapter 60A-1, Florida Administrative Code (F.A.C.): 1.1 Customer. The agency or eligible user that purchases commodities or contractual services pursuant to the Contract. SECTION 2. CONTRACT TERM AND TERMINATION. 2.1 Initial Term. The initial term will begin on the date set forth in the Contract documents or on the date the Contract is signed by all Parties, whichever is later. 2.2 Renewal. Upon written agreement, the Department and the Contractor may renew the Contract in whole or in part only as set forth in the Contract documents, and in accordance with section 287.057(13), F.S. 2.3 Suspension of Work and Termination. 2.3.1 Suspension of Work. The Department may, at its sole discretion, suspend any or all activities under the Contract, at any time, when it is in the best interest of the State of Florida to do so. The Customer may suspend a resulting contract or purchase order, at any time, when in the best interest of the Customer to do so. The Department or Customer will provide the Contractor written notice outlining the particulars of the suspension. After receiving a suspension notice, the Contractor must comply with the notice and will cease the performance of the Contract or purchase order. Suspension of work will not entitle the Contractor to any additional compensation. The Contractor will not resume performance of the Contract or purchase order until so authorized by the Department. 2.3.2 Termination for Convenience. The Contract may be terminated by the Department in whole or in part at any time, in the best interest of the State of Florida. If the Contract is terminated before performance is completed, the Contractor will be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the Contract price as the amount of work satisfactorily performed. All work in progress will become the property of the Customer and will be turned over promptly by the Contractor. 2.3.3 Termination for Cause. If the performance of the Contractor is not in compliance with the Contract requirements or the Contractor has defaulted, the Department may: (a) immediately terminate the Contract; (b) notify the Contractor of the noncompliance or default, require correction, and specify the date by which the correction must be completed before the Contract is terminated; or (c) take other action deemed appropriate by the Department. DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 65 SP approved version 7‐1‐2019 3 SECTION 3. PAYMENT AND FEES. 3.1 Pricing. The Contractor will not exceed the pricing set forth in the Contract documents. 3.2 Price Decreases. The following price decrease terms will apply to the Contract: 3.2.1 Quantity Discounts. Contractor may offer additional discounts for one-time delivery of large single orders; 3.2.2 Preferred Pricing. The Contractor guarantees that the pricing indicated in this Contract is a maximum price. Additionally, Contractor’s pricing will not exceed the pricing offered under comparable contracts. Comparable contracts are those that are similar in size, scope, and terms. In compliance with section 216.0113, F.S., Contractor must annually submit an affidavit from the Contractor’s authorized representative attesting that the Contract complies with this clause. 3.2.3 Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, the Contractor may conduct sales promotions involving price reductions for a specified lesser period. The Contractor must submit documentation identifying the proposed: (1) starting and ending dates of the promotion, (2) commodities or contractual services involved, and (3) promotional prices compared to then-authorized prices. 3.3 Payment Invoicing. The Contractor will be paid upon submission of invoices to the Customer after delivery and acceptance of commodities or contractual services is confirmed by the Customer. Invoices must contain sufficient detail for an audit and contain the Contract Number and the Contractor’s Federal Employer Identification Number. 3.4 Purchase Order. A Customer may use purchase orders to buy commodities or contractual services pursuant to the Contract and, if applicable, the Contractor must provide commodities or contractual services pursuant to purchase orders. Purchase orders issued pursuant to the Contract must be received by the Contractor no later than the close of business on the last day of the Contract’s term. The Contractor is required to accept timely purchase orders specifying delivery schedules that extend beyond the Contract term even when such extended delivery will occur after expiration of the Contract. Purchase orders shall be valid through their specified term and performance by the Contractor, and all terms and conditions of the Contract shall survive the termination or expiration of the Contract and apply to the Contractor’s performance. The duration of purchase orders for recurring deliverables shall not exceed the expiration of the Contract by more than twelve months. Any purchase order terms and conditions conflicting with these Special Contract Conditions shall not become a part of the Contract. 3.5 Travel. Travel expenses are not reimbursable unless specifically authorized by the Customer in writing and may be reimbursed only in accordance with section 112.061, F.S. DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 66 SP approved version 7‐1‐2019 4 3.6 Annual Appropriation. Pursuant to section 287.0582, F.S., if the Contract binds the State of Florida or an agency for the purchase of services or tangible personal property for a period in excess of one fiscal year, the State of Florida’s performance and obligation to pay under the Contract is contingent upon an annual appropriation by the Legislature. 3.7 Transaction Fees. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(22), F.S. All payments issued by Customers to registered Vendors for purchases of commodities or contractual services will be assessed Transaction Fees as prescribed by rule 60A-1.031, F.A.C., or as may otherwise be established by law. Vendors must pay the Transaction Fees and agree to automatic deduction of the Transaction Fees when automatic deduction becomes available. Vendors will submit any monthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions will constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion from business with the State of Florida. 3.8 Taxes. Taxes, customs, and tariffs on commodities or contractual services purchased under the Contract will not be assessed against the Customer or Department unless authorized by Florida law. 3.9 Return of Funds. Contractor will return any overpayments due to unearned funds or funds disallowed pursuant to the terms of the Contract that were disbursed to the Contractor. The Contractor must return any overpayment within forty (40) calendar days after either discovery by the Contractor, its independent auditor, or notification by the Department or Customer of the overpayment. SECTION 4. CONTRACT MANAGEMENT. 4.1 Composition and Priority. The Contractor agrees to provide commodities or contractual services to the Customer as specified in the Contract. Additionally, the terms of the Contract supersede the terms of all prior agreements between the Parties on this subject matter. 4.2 Notices. All notices required under the Contract must be delivered to the designated Contract Manager in a manner identified by the Department. 4.3 Department’s Contract Manager. The Department’s Contract Manager, who is primarily responsible for the Department’s oversight of the Contract, will be identified in a separate writing to the Contractor upon Contract signing in the following format: Department’s Contract Manager Name DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 67 SP approved version 7‐1‐2019 5 Department’s Name Department’s Physical Address Department’s Telephone # Department’s Email Address If the Department changes the Contract Manager, the Department will notify the Contractor. Such a change does not require an amendment to the Contract. 4.4 Contractor’s Contract Manager. The Contractor’s Contract Manager, who is primarily responsible for the Contractor’s oversight of the Contract performance, will be identified in a separate writing to the Department upon Contract signing in the following format: Contractor’s Contract Manager Name Contractor’s Name Contractor’s Physical Address Contractor’s Telephone # Contractor’s Email Address If the Contractor changes its Contract Manager, the Contractor will notify the Department. Such a change does not require an amendment to the Contract. 4.5 Diversity. 4.5.1 Office of Supplier Diversity. The State of Florida supports its diverse business community by creating opportunities for woman-, veteran-, and minority-owned small business enterprises to participate in procurements and contracts. The Department encourages supplier diversity through certification of woman-, veteran-, and minority-owned small business enterprises and provides advocacy, outreach, and networking through regional business events. For additional information, please contact the Office of Supplier Diversity (OSD) at osdinfo@dms.myflorida.com. 4.5.2 Diversity Reporting. Upon request, the Contractor will report to the Department its spend with business enterprises certified by the OSD. These reports must include the time period covered, the name and Federal Employer Identification Number of each business enterprise utilized during the period, commodities and contractual services provided by the business enterprise, and the amount paid to the business enterprise on behalf of each agency purchasing under the Contract. 4.6 RESPECT. Subject to the agency determination provided for in section 413.036, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR THE SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2), FLORIDA STATUTES; DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 68 SP approved version 7‐1‐2019 6 AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED. Additional information about RESPECT and the commodities or contractual services it offers is available at https://www.respectofflorida.org. 4.7 PRIDE. Subject to the agency determination provided for in sections 287.042(1) and 946.515, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S., IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 946.515(2) AND (4), F.S.; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED. Additional information about PRIDE and the commodities or contractual services it offers is available at https://www.pride-enterprises.org. SECTION 5. COMPLIANCE WITH LAWS. 5.1 Conduct of Business. The Contractor must comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and authority. For example, the Contractor must comply with section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act, Health Insurance Portability and Accountability Act, if applicable, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran’s status. The provisions of subparagraphs 287.058(1)(a)-(c), and (g), F.S., are hereby incorporated by reference. 5.2 Dispute Resolution, Governing Law, and Venue. Any dispute concerning performance of the Contract shall be decided by the Department's designated Contract Manager, who will reduce the decision to writing and serve a copy on the Contractor. The decision of the Contract Manager shall be final and conclusive. Exhaustion of this administrative remedy is an absolute condition precedent to the Contractor's ability to pursue legal action related to the Contract or any other form of dispute resolution. The laws of the State of Florida govern the Contract. The Parties submit to the jurisdiction of the courts of the State of Florida exclusively for any legal action related to the Contract. Further, the Contractor hereby waives all privileges and rights relating to venue it may have under Chapter 47, F.S., and all such venue privileges and rights it may have under any other statute, rule, or case law, including, but not limited to, those based on convenience. The Contractor hereby submits to venue in the county chosen by the Department. 5.3 Department of State Registration. DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 69 SP approved version 7‐1‐2019 7 Consistent with Title XXXVI, F.S., the Contractor and any subcontractors that assert status, other than a sole proprietor, must provide the Department with conclusive evidence of a certificate of status, not subject to qualification, if a Florida business entity, or of a certificate of authorization if a foreign business entity. 5.4 Suspended, Convicted, and Discriminatory Vendor Lists. In accordance with sections 287.042, 287.133, and 287.134, F.S., an entity or affiliate who is on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, subcontractors, or consultants have been placed on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor List during the term of the Contract. 5.5 Scrutinized Companies - Termination by the Department. The Department may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. 5.6 Cooperation with Inspector General and Records Retention. Pursuant to section 20.055(5), F.S., the Contractor understands and will comply with its duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but will not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor will retain such records for the longer of five years after the expiration of the Contract, or the period required by the General Records Schedules maintained by the Florida Department of State, at the Department of State’s Records Management website. The Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs will include but will not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor agrees to impose the same obligations to cooperate with the Inspector General and retain records on any subcontractors used to provide goods or services under the Contract. SECTION 6. MISCELLANEOUS. 6.1 Subcontractors. The Contractor will not subcontract any work under the Contract without prior written consent of the Department. The Contractor is fully responsible for satisfactory completion of all its subcontracted work. The Department supports diversity in its procurements and contracts, and requests that the Contractor offer subcontracting opportunities to certified woman-, veteran-, and minority-owned small businesses. The DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 70 SP approved version 7‐1‐2019 8 Contractor may contact the OSD at osdhelp@dms.myflorida.com for information on certified small business enterprises available for subcontracting opportunities. 6.2 Assignment. The Contractor will not sell, assign, or transfer any of its rights, duties, or obligations under the Contract without the prior written consent of the Department. However, the Contractor may waive its right to receive payment and assign same upon notice to the Department. In the event of any assignment, the Contractor remains responsible for performance of the Contract, unless such responsibility is expressly waived by the Department. The Department may assign the Contract with prior written notice to the Contractor. 6.3 Independent Contractor. The Contractor and its employees, agents, representatives, and subcontractors are independent contractors and not employees or agents of the State of Florida and are not entitled to State of Florida benefits. The Department and Customer will not be bound by any acts or conduct of the Contractor or its employees, agents, representatives, or subcontractors. The Contractor agrees to include this provision in all its subcontracts under the Contract. 6.4 Inspection and Acceptance of Commodities. 6.4.1 Risk of Loss. Matters of inspection and acceptance are addressed in section 215.422, F.S. Until acceptance, risk of loss or damage will remain with the Contractor. The Contractor will be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer will: record any evidence of visible damage on all copies of the delivering carrier’s bill of lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier’s bill of lading and damage inspection report. 6.4.2 Rejected Commodities. When a Customer rejects a commodity, Contractor will remove the commodity from the premises within ten (10) calendar days after notification of rejection, and the risk of loss will remain with the Contractor. Commodities not removed by the Contractor within ten (10) calendar days will be deemed abandoned by the Contractor, and the Customer will have the right to dispose of such commodities. Contractor will reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected commodities. 6.5 Safety Standards. Performance of the Contract for all commodities or contractual services must comply with requirements of the Occupational Safety and Health Act and other applicable State of Florida and federal requirements. 6.6 Ombudsman. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this office are found in section 215.422, F.S., which include disseminating information relative to prompt payment and assisting contractors in receiving their payments in a timely manner from a Customer. The Vendor Ombudsman may be contacted at (850) 413-5516. DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 71 SP approved version 7‐1‐2019 9 6.7 Time is of the Essence. Time is of the essence regarding every obligation of the Contractor under the Contract. Each obligation is deemed material, and a breach of any such obligation (including a breach resulting from untimely performance) is a material breach. 6.8 Waiver. The delay or failure by the Department or the Customer to exercise or enforce any rights under the Contract will not constitute waiver of such rights. 6.9 Modification and Severability. The Contract may only be modified by written agreement between the Department and the Contractor. Should a court determine any provision of the Contract is invalid, the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if the Contract did not contain the provision held invalid. 6.10 Cooperative Purchasing. Pursuant to their own governing laws, and subject to the agreement of the Contractor, governmental entities that are not Customers may make purchases under the terms and conditions contained herein, if agreed to by Contractor. Such purchases are independent of the Contract between the Department and the Contractor, and the Department is not a party to these transactions. Agencies seeking to make purchases under this Contract are required to follow the requirements of Rule 60A-1.045(5), F.A.C. SECTION 7. LIABILITY AND INSURANCE. 7.1 Workers’ Compensation Insurance. The Contractor shall maintain workers’ compensation insurance as required under the Florida Workers’ Compensation Law or the workers’ compensation law of another jurisdiction where applicable. The Contractor must require all subcontractors to similarly provide workers’ compensation insurance for all of the latter’s employees. In the event work is being performed by the Contractor under the Contract and any class of employees performing the work is not protected under Workers’ Compensation statutes, the Contractor must provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of employees not otherwise protected. 7.2 General Liability Insurance. The Contractor must secure and maintain Commercial General Liability Insurance, including bodily injury, property damage, products, personal and advertising injury, and completed operations. This insurance must provide coverage for all claims that may arise from performance of the Contract or completed operations, whether by the Contractor or anyone directly or indirectly employed by the Contractor. Such insurance must include the State of Florida as an additional insured for the entire length of the resulting contract. The Contractor is responsible for determining the minimum limits of liability necessary to provide reasonable financial protections to the Contractor and the State of Florida under the resulting contract. 7.3 Florida Authorized Insurers. DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 72 SP approved version 7‐1‐2019 10 All insurance shall be with insurers authorized and eligible to transact the applicable line of insurance business in the State of Florida. The Contractor shall provide Certification(s) of Insurance evidencing that all appropriate coverage is in place and showing the Department to be an additional insured. 7.4 Performance Bond. Unless otherwise prohibited by law, the Department may require the Contractor to furnish, without additional cost to the Department, a performance bond or irrevocable letter of credit or other form of security for the satisfactory performance of work hereunder. The Department shall determine the type and amount of security. 7.5 Indemnification. To the extent permitted by Florida law, the Contractor agrees to indemnify, defend, and hold the Customer and the State of Florida, its officers, employees, and agents harmless from all fines, claims, assessments, suits, judgments, or damages, including consequential, special, indirect, and punitive damages, including court costs and attorney’s fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret, or intellectual property right or out of any acts, actions, breaches, neglect, or omissions of the Contractor, its employees, agents, subcontractors, assignees, or delegates related to the Contract, as well as for any determination arising out of or related to the Contract that the Contractor or Contractor’s employees, agents, subcontractors, assignees, or delegates are not independent contractors in relation to the Customer. The Contract does not constitute a waiver of sovereign immunity or consent by the Customer or the State of Florida or its subdivisions to suit by third parties. Without limiting this indemnification, the Customer may provide the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor’s sole expense, and (3) assistance in defending the action at Contractor’s sole expense. 7.6 Limitation of Liability. Unless otherwise specifically enumerated in the Contract or in the purchase order, neither the Department nor the Customer shall be liable for special, indirect, punitive, or consequential damages, including lost data or records (unless the Contract or purchase order requires the Contractor to back-up data or records), even if the Department or Customer has been advised that such damages are possible. Neither the Department nor the Customer shall be liable for lost profits, lost revenue, or lost institutional operating savings. The Department or Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs, and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL PROPERTY. 8.1 Public Records. 8.1.1 Termination of Contract. DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 73 SP approved version 7‐1‐2019 11 The Department may terminate the Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, F. S., made or received by the Contractor in conjunction with the Contract. 8.1.2 Statutory Notice. Pursuant to section 119.0701(2)(a), F.S., for contracts for services with a contractor acting on behalf of a public agency, as defined in section 119.011(2), F.S., the following applies: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBER, EMAIL ADDRESS, AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER. Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf of a public agency as defined in section 119.011(2), F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service. (b) Upon request from the public agency’s custodian of public records, provide the public agency 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, F.S., or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure 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 public agency. (d) Upon completion of the Contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. 8.2 Protection of Trade Secrets or Otherwise Confidential Information. 8.2.1 Contractor Designation of Trade Secrets or Otherwise Confidential Information. If the Contractor considers any portion of materials to be trade secret under section 688.002 or 812.081, F.S., or otherwise confidential under Florida or federal law, the Contractor must clearly designate that portion of the materials as trade secret or otherwise confidential when submitted to the Department. The Contractor will be DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 74 SP approved version 7‐1‐2019 12 responsible for responding to and resolving all claims for access to Contract-related materials it has designated trade secret or otherwise confidential. 8.2.2 Public Records Requests. If the Department receives a public records request for materials designated by the Contractor as trade secret or otherwise confidential under Florida or federal law, the Contractor will be responsible for taking the appropriate legal action in response to the request. If the Contractor fails to take appropriate and timely action to protect the materials designated as trade secret or otherwise confidential, the Department will provide the materials to the requester. 8.2.3 Indemnification Related to Confidentiality of Materials. The Contractor will protect, defend, indemnify, and hold harmless the Department for claims, costs, fines, and attorney’s fees arising from or relating to its designation of materials as trade secret or otherwise confidential. 8.3 Document Management. The Contractor must retain sufficient documentation to substantiate claims for payment under the Contract and all other records, electronic files, papers, and documents that were made in relation to this Contract. The Contractor must retain all documents related to the Contract for five (5) years after expiration of the Contract or, if longer, the period required by the General Records Schedules maintained by the Florida Department of State available at the Department of State’s Records Management website. 8.4 Intellectual Property. 8.4.1 Ownership. Unless specifically addressed otherwise in the Contract, the State of Florida shall be the owner of all intellectual property rights to all property created or developed in connection with the Contract. 8.4.2 Patentable Inventions or Discoveries. Any inventions or discoveries developed in the course, or as a result, of services in connection with the Contract that are patentable pursuant to 35 U.S.C. § 101 are the sole property of the State of Florida. Contractor must inform the Customer of any inventions or discoveries developed or made through performance of the Contract, and such inventions or discoveries will be referred to the Florida Department of State for a determination on whether patent protection will be sought. The State of Florida will be the sole owner of all patents resulting from any invention or discovery made through performance of the Contract. 8.4.3 Copyrightable Works. Contractor must notify the Department or State of Florida of any publications, artwork, or other copyrightable works developed in connection with the Contract. All copyrights created or developed through performance of the Contract are owned solely by the State of Florida. SECTION 9. DATA SECURITY. DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 75 SP approved version 7‐1‐2019 13 The Contractor will maintain the security of State of Florida data including, but not limited to, maintaining a secure area around any displayed visible data and ensuring data is stored and secured when not in use. The Contractor and subcontractors will not perform any of the services from outside of the United States, and the Contractor will not allow any State of Florida data to be sent by any medium, transmitted, or accessed outside the United States due to Contractor’s action or inaction. In the event of a security breach involving State of Florida data, the Contractor shall give notice to the Customer and the Department within one business day. “Security breach” for purposes of this section will refer to a confirmed event that compromises the confidentiality, integrity, or availability of data. Once a data breach has been contained, the Contractor must provide the Department with a post-incident report documenting all containment, eradication, and recovery measures taken. The Department reserves the right in its sole discretion to enlist a third party to audit Contractor’s findings and produce an independent report, and the Contractor will fully cooperate with the third party. The Contractor will also comply with all HIPAA requirements and any other state and federal rules and regulations regarding security of information. SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS. 10.1 Gratuities. The Contractor will not, in connection with this Contract, directly or indirectly (1) offer, give, or agree to give anything of value to anyone as consideration for any State of Florida officer’s or employee’s decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone anything of value for the benefit of, or at the direction or request of, any State of Florida officer or employee. 10.2 Lobbying. In accordance with sections 11.062 and 216.347, F.S., Contract funds are not to be used for the purpose of lobbying the Legislature, the judicial branch, or the Department. Pursuant to section 287.058(6), F.S., the Contract does not prohibit the Contractor from lobbying the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding the Contract after the Contract is executed and during the Contract term. 10.3 Communications. 10.3.1 Contractor Communication or Disclosure. The Contractor shall not make any public statements, press releases, publicity releases, or other similar communications concerning the Contract or its subject matter or otherwise disclose or permit to be disclosed any of the data or other information obtained or furnished in compliance with the Contract, without first notifying the Customer’s Contract Manager and securing the Customer’s prior written consent. 10.3.2 Use of Customer Statements. The Contractor shall not use any statement attributable to the Customer or its employees for the Contractor’s promotions, press releases, publicity releases, marketing, corporate communications, or other similar communications, without first notifying the Customer’s Contract Manager and securing the Customer’s prior written consent. DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 76 SP approved version 7‐1‐2019 14 SECTION 11. CONTRACT MONITORING. 11.1 Performance Standards. The Contractor agrees to perform all tasks and provide deliverables as set forth in the Contract. The Department and the Customer will be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof. 11.2 Performance Deficiencies and Financial Consequences of Non-Performance. 11.2.1 Proposal of Corrective Action Plan. In addition to the processes set forth in the Contract (e.g., service level agreements), if the Department or Customer determines that there is a performance deficiency that requires correction by the Contractor, then the Department or Customer will notify the Contractor. The correction must be made within a time-frame specified by the Department or Customer. The Contractor must provide the Department or Customer with a corrective action plan describing how the Contractor will address all performance deficiencies identified by the Department or Customer. 11.2.2 Retainage for Unacceptable Corrective Action Plan or Plan Failure. If the corrective action plan is unacceptable to the Department or Customer, or implementation of the plan fails to remedy the performance deficiencies, the Department or Customer will retain ten percent (10%) of the total invoice amount. The retainage will be withheld until the Contractor resolves the performance deficiencies. If the performance deficiencies are resolved, the Contractor may invoice the Department or Customer for the retained amount. If the Contractor fails to resolve the performance deficiencies, the retained amount will be forfeited to compensate the Department or Customer for the performance deficiencies. 11.3 Performance Delay. 11.3.1 Notification. The Contractor will promptly notify the Department or Customer upon becoming aware of any circumstances that may reasonably be expected to jeopardize the timely and successful completion (or delivery) of any commodity or contractual service. The Contractor will use commercially reasonable efforts to avoid or minimize any delays in performance and will inform the Department or the Customer of the steps the Contractor is taking or will take to do so, and the projected actual completion (or delivery) time. If the Contractor believes a delay in performance by the Department or the Customer has caused or will cause the Contractor to be unable to perform its obligations on time, the Contractor will promptly so notify the Department and use commercially reasonable efforts to perform its obligations on time notwithstanding the Department’s delay. 11.3.2 Liquidated Damages. The Contractor acknowledges that delayed performance will damage the DepartmentCustomer, but by their nature such damages are difficult to ascertain. Accordingly, the liquidated damages provisions stated in the Contract documents will apply. Liquidated damages are not intended to be a penalty and are solely intended to compensate for damages. 11.4 Force Majeure, Notice of Delay, and No Damages for Delay. DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 77 SP approved version 7‐1‐2019 15 The Contractor will not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay, and the delay is due directly to fire, explosion, earthquake, windstorm, flood, radioactive or toxic chemical hazard, war, military hostilities, terrorism, civil emergency, embargo, riot, strike, violent civil unrest, or other similar cause wholly beyond the Contractor’s reasonable control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. The foregoing does not excuse delay which could have been avoided if the Contractor implemented any risk mitigation required by the Contract. In case of any delay the Contractor believes is excusable, the Contractor will notify the Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) calendar days after the cause that created or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) calendar days after the date the Contractor first had reason to believe that a delay could result. The foregoing will constitute the Contractor’s sole remedy or excuse with respect to delay. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages will be asserted by the Contractor. The Contractor will not be entitled to an increase in the Contract price or payment of any kind from the Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor will perform at no increased cost, unless the Department determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State of Florida or to Customers, in which case the Department may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers and the Department with respect to commodities or contractual services subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the commodity or contractual services that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. SECTION 12. CONTRACT AUDITS. 12.1 Performance or Compliance Audits. The Department may conduct or have conducted performance and/or compliance audits of the Contractor and subcontractors as determined by the Department. The Department may conduct an audit and review all the Contractor’s and subcontractors’ data and records that directly relate to the Contract. To the extent necessary to verify the Contractor’s fees and claims for payment under the Contract, the Contractor’s agreements or contracts with subcontractors, partners, or agents of the Contractor, pertaining to the Contract, may be inspected by the Department upon fifteen (15) calendar days’ notice, during normal working hours and in accordance with the Contractor’s facility access procedures where facility access is required. Release statements from its subcontractors, partners, or agents are not required for the Department or its designee to conduct compliance and performance audits on any of the Contractor’s contracts relating to this Contract. The Inspector General, in accordance with section 5.6, the State of Florida’s Chief Financial Officer, the Office of the Auditor General also have authority to perform audits and inspections. DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 78 SP approved version 7‐1‐2019 16 12.2 Payment Audit. Records of costs incurred under terms of the Contract will be maintained in accordance with section 8.3 of these Special Contract Conditions. Records of costs incurred will include the Contractor’s general accounting records, together with supporting documents and records of the Contractor and all subcontractors performing work, and all other records of the Contractor and subcontractors considered necessary by the Department, the State of Florida’s Chief Financial Officer, or the Office of the Auditor General. SECTION 13. BACKGROUND SCREENING AND SECURITY. 13.1 Background Check. The Department or Customer may require the Contractor to conduct background checks of its employees, agents, representatives, and subcontractors as directed by the Department or Customer. The cost of the background checks will be borne by the Contractor. The Department or Customer may require the Contractor to exclude the Contractor’s employees, agents, representatives, or subcontractors based on the background check results. In addition, the Contractor must ensure that all persons have a responsibility to self-report to the Contractor within three (3) calendar days any arrest for any disqualifying offense. The Contractor must notify the Contract Manager within twenty-four (24) hours of all details concerning any reported arrest. Upon the request of the Department or Customer, the Contractor will re-screen any of its employees, agents, representatives, and subcontractors during the term of the Contract. 13.2 E-Verify. The Contractor must use the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired during the term of the Contract for the services specified in the Contract. The Contractor must also include a requirement in subcontracts that the subcontractor must utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. In order to implement this provision, the Contractor must provide a copy of its DHS Memorandum of Understanding (MOU) to the Contract Manager within five (5) calendar days of Contract execution. If the Contractor is not enrolled in DHS E- Verify System, it will do so within five (5) calendar days of notice of Contract award and provide the Contract Manager a copy of its MOU within five (5) calendar days of Contract execution. The link to E-Verify is https://www.uscis.gov/e-verify. Upon each Contractor or subcontractor new hire, the Contractor must provide a statement within five (5) calendar days to the Contract Manager identifying the new hire with its E-Verify case number. 13.3 Disqualifying Offenses. If at any time it is determined that a person has been found guilty of a misdemeanor or felony offense as a result of a trial or has entered a plea of guilty or nolo contendere, regardless of whether adjudication was withheld, within the last six (6) years from the date of the court’s determination for the crimes listed below, or their equivalent in any jurisdiction, the Contractor is required to immediately remove that person from any position with access to State of Florida data or directly performing services under the Contract. The disqualifying offenses are as follows: (a) Computer related crimes; (b) Information technology crimes; DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 79 SP approved version 7‐1‐2019 17 (c) Fraudulent practices; (d) False pretenses; (e) Frauds; (f) Credit card crimes; (g) Forgery; (h) Counterfeiting; (i) Violations involving checks or drafts; (j) Misuse of medical or personnel records; and (k) Felony theft. 13.4 Confidentiality. The Contractor must maintain confidentiality of all confidential data, files, and records related to the commodities or contractual services provided pursuant to the Contract and must comply with all state and federal laws, including, but not limited to sections 381.004, 384.29, 392.65, and 456.057, F.S. The Contractor’s confidentiality procedures must be consistent with the most recent version of the Department security policies, protocols, and procedures. The Contractor must also comply with any applicable professional standards with respect to confidentiality of information. SECTION 14. WARRANTY OF CONTRACTOR’S ABILITY TO PERFORM. The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor’s ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the Suspended Vendor List, Convicted Vendor List, or the Discriminatory Vendor List, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Department in writing if its ability to perform is compromised in any manner during the term of the Contract. DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 80 AMENDMENT NO.: 1 Participating Addendum No: 43190000-18-NASPO-ACS-1 Public Safety Communication Equipment- Phase One #06913 Public Safety Communication Equipment- Phase One Page 1 of 2 Alternate Contract Source No.: 43190000-18-NASPO-ACS-1 This Amendment (“Amendment”), effective as of February 5, 2019, or the last date signed by both parties, to the Participating Addendum (“PA”) adopting the Public Safety Communication Equipment, Phase One Contract No. 43190000-18-NASPO-ACS-1 (Alternate Contract Source, “ACS”, or “Contract”), between the State of Florida, Department of Management Services (“Department”) and Motorola Solutions (“Contractor”), are collectively referred to herein as the “Parties”. All capitalized terms used herein shall have the meaning assigned to them in the ACS unless otherwise defined herein. WHEREAS, on January 1, 2018, the Department originally entered into the PA with Motorola Solutions for the provision of a Public Safety Communication Equipment, Phase One; and, WHEREAS, the Parties agreed that the PA may be amended by mutual agreement as provided in section 6.10, Modification and Severability, of Exhibit A, Florida General Contract Conditions,incorporated into the PA; and, WHEREAS, the Parties agree to amend the PA, section 2.1,Term and Effective Date, of Exhibit A,Florida General Contract Conditions, incorporated into the PA; and, THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, receipt, and sufficiency of which are hereby acknowledged, the Parties agree to the following: I. Contract Amendment. The PA is amended to replace section 2.1, Term and Effective Date, of Exhibit A, Florida General Contract Conditions, in its entirety to correct the expiration date of the PA to reflect the original intent of the parties to have the PA expire on the same date as the NASPO Master Agreement. Section 2.1 of Exhibit A, Florida General Contract Conditions, is hereby replaced in its entirety as follows: 2.1 Term and Effective Date. The term of this Participating Addendum will become effective on January 1, 2018, and shall be effective through June 30, 2021, unless terminated earlier in accordance with the Florida General Contract Conditions. II. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the ACS, the terms of this Amendment shall control. III. Warrant of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. 81 Public Safety Communication Equipment- Phase One Page 2 of 2 Alternate Contract Source No.: 43190000-18-NASPO-ACS-1 IV. Effect. Unless as otherwise modified by this Amendment, all terms and conditions contained in the ACS shall continue in full force and effect. This Amendment sets forth the entire understanding between the parties with regard to this subject matter hereof. IN WITNESS WHEREOF, the Parties have executed this Amendment by their duly authorized representatives. State of Florida: Department of Management Services Contractor: Motorola Solutions By: By: Name: Rosalyn Ingram Name: Title: Director and Chief Procurement Officer Title: Date: Date: 82 83 NASPO ValuePoint PARTICIPATING ADDENDUM Public Safety Communication Equipment- Phase One #06913 Lead by the State of Washington (hereinafter “Lead State”) Participating Addendum No: 43190000-18-NASPO-ACS-1 Motorola Solutions (hereinafter “Contractor”) And Florida Department of Management Services (Hereinafter “Participating State/Entity”) Page 1 of 19 1. Scope: This addendum covers the purchase of public safety communication equipment and is for use by state agencies and other entities located in the Participating State/Entity authorized by that state’s statutes to utilize state/entity contracts with the prior approval of the state’s chief procurement official. Contractor has been awarded the following categories: Radios Subcategory: Portable, Dual-Band Subcategory: Portable, Single-Band tier I Subcategory: Portable, Single-Band tier II Subcategory: Portable, Single-Band tier III Subcategory: Mobile, Dual-Band Subcategory: Mobile, Single-Band tier I Subcategory: Mobile, Single-Band tier II Subcategory: Mobile, Single-Band tier III Subcategory: Desktop, Dual-Band Subcategory: Desktop, Single-Band tier I Subcategory: Desktop, Single-Band tier II Base Stations/Repeaters: Single-Band tier I Single-Band tier II Mobile Radio Antennas 2. Participation: Use of specific NASPO ValuePoint cooperative contracts by agencies, political subdivisions and other entities (including cooperatives) authorized by an individual state’s statutes to use state/entity contracts are subject to the prior approval of the respective State Chief Procurement Official. Issues of interpretation and eligibility for participation are solely within the authority of the State Chief Procurement Official. 3. Participating State Modifications or Additions to Master Agreement: These modifications or additions apply only to actions and relationships within the Participating State. The following changes are modifying or supplementing the Master Agreement terms and conditions. a. Participating Addendum: As used in this document, “Participating Addendum” (whether or not capitalized) shall, unless the context requires otherwise, include this document and all 84 85 Page 3 of 19 Alternate Contract Source No. 43190000-18-NASPO-ACS-1 Exhibit A FLORIDA GENERAL CONTRACT CONDITIONS Table of Contents SECTION 1. DEFINITIONS. ...................................................................................................... 3 SECTION 2. CONTRACT TERM AND TERMINATION. ............................................................ 3 SECTION 3. PAYMENT AND FEES. ......................................................................................... 4 SECTION 4. CONTRACT MANAGEMENT. ............................................................................... 6 SECTION 5. COMPLIANCE WITH LAWS. ................................................................................ 7 SECTION 6. MISCELLANEOUS. ............................................................................................... 8 SECTION 7. WORKERS’ COMPENSATION AND GENERAL LIABILITY INSURANCE, AND INDEMNIFICATION ......................................................................................................... 10 SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT AND INTELLECTUAL PROPERTY. .................................................................................................. 11 SECTION 9. DATA SECURITY AND SERVICES. ................................................................... 12 SECTION 10. GRATUITIES AND LOBBYING. ........................................................................ 13 SECTION 11. CONTRACT MONITORING. ............................................................................. 14 SECTION 12. CONTRACT AUDITS. ....................................................................................... 15 SECTION 13. BACKGROUND SCREENING AND SECURITY. .............................................. 16 These General Contract Conditions supersede and replace in their entirety all General Contract Conditions, Form PUR 1000, which is incorporated by reference in Rule 60A-1.002, Florida Administrative Code (F.A.C.) SECTION 1. DEFINITIONS. The following definition applies in addition to the definitions in Chapter 287, Florida Statutes, (F.S.) and Rule Chapter 60A-1, F.A.C.: 1.1 Customer. The agency or eligible user that purchases commodities or contractual services pursuant to the Contract. SECTION 2. CONTRACT TERM AND TERMINATION. 2.1 Term and Effective Date. The term of this Participating Addendum will become effective on January 1, 2018, and shall be effective through July 01, 2020, unless terminated earlier in accordance with the General Contract Conditions or if not renewed by the Lead State. 2.2 Renewal. There are no renewals on this Participating Addendum. 86 Page 4 of 19 2.3 Suspension of Work and Termination. 2.3.1 Suspension of Work. The Department may, at its sole discretion, suspend any or all activities under the Contract, at any time, when it is in the best interest of the State of Florida to do so. A Customer may, at its sole discretion, suspend a resulting contract or purchase order, at any time, when in the best interest of the Customer to do so. The Department or Customer will provide the Contractor written notice outlining the particulars of suspension. Examples of the reason for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, the Contractor must comply with the notice and will cease the activities associated with any resulting contract or purchase order. Within 90 days, or any longer period agreed to by the Contractor, the Department or Customer will either (1) issue a notice authorizing resumption of work, at which time activity will resume, or (2) terminate the Contract or a resulting contract or purchase order. Suspension of work will not entitle the Contractor to any additional compensation. 2.3.2 Termination for Convenience. The Contract may be terminated by the Department in whole or in part at any time, in the best interest of the State of Florida. If the Contract is terminated before performance is completed, the Contractor will be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the Contract price as the amount of work satisfactorily performed. All work in progress will become the property of the Customer and will be turned over promptly by the Contractor. 2.3.3 Termination for Cause. If the Department determines that the performance of the Contractor is not satisfactory, the Department may, at its sole discretion, (a) immediately terminate the Contract, (b) notify the Contractor of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Contract will terminate at the end of such time, or (c) take other action deemed appropriate by the Department. SECTION 3. PAYMENT AND FEES. 3.1 Pricing. The Contractor will not exceed the pricing set forth in the Contract. 3.2 Price Decreases. The following price decrease terms will apply to the Contract: (a) Quantity Discounts. Contractor may offer additional discounts for one-time delivery of large single orders. (b) Preferred Pricing. Consistent with the goals of section 216.0113, F.S., Contractor acknowledges and recognizes that the Department wants to take advantage of any improvements in pricing over the course of the Contract period. To that end, the pricing indicated in this Contract is a maximum guarantee under the terms of this clause. Contractor’s pricing will not exceed, on an aggregate basis, the pricing offered under comparable contracts for public entities. Comparable contracts are those which are similar in size, scope and terms. The Contractor shall submit to the Department a completed Preferred Pricing affidavit form annually. 87 Page 5 of 19 (c) Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, a Contractor may conduct sales promotions involving price reductions for a specified lesser period. A Contractor must submit documentation identifying the proposed (1) starting and ending dates of the promotion, (2) commodities or contractual services involved, and (3) promotional prices compared to then-authorized prices. 3.3 Payment Invoicing. The Contractor will be paid upon submission of properly certified invoices to the Customer after delivery and acceptance of commodities or contractual services is confirmed by the Customer. Invoices must contain detail sufficient for an audit and contain the Contract Number and the Contractor’s Federal Employer Identification Number. 3.4 Purchase Order. A Customer may use purchase orders to buy commodities or contractual services pursuant to the Contract. The Contractor must provide commodities or contractual services pursuant to purchase orders. The purchase order period of performance survives the expiration of the Contract. The duration of purchase orders must not exceed the expiration of the Contract by more than 12 months. 3.5 Travel. Travel expenses are not reimbursable unless specifically authorized by the Customer in writing, and may be reimbursed only in accordance with section 112.061, F.S. 3.6 Annual Appropriation. Pursuant to section 287.0582, F.S., if the Contract binds the State of Florida or an agency for the purchase of services or tangible personal property for a period in excess of one fiscal year, the State of Florida’s performance and obligation to pay under the Contract is contingent upon an annual appropriation by the Legislature. 3.7 Transaction Fees. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(22), Florida Statutes. All payments issued by Customers to registered Vendors for purchases of commodities or contractual services will be assessed Transaction Fees as prescribed by rule 60A-1.031, Florida Administrative Code, or as may otherwise be established by law. Vendors must pay the Transaction Fees and agree to automatic deduction of the Transaction Fees, when automatic deduction becomes available. Vendors will submit any monthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions will constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion from business with the State of Florida. 3.8 Taxes. The State of Florida is not required to pay any taxes, including customs and tariffs, on commodities or contractual services purchased under the Contract. 3.9 Return of Funds. Contractor will return any overpayments due to unearned funds or funds disallowed pursuant to the terms of the Contract that were disbursed to the Contractor by the Department or Customer. The Contractor must return any overpayment within 40 calendar days after either discovery by the Contractor, its independent auditor, or notification by the Department or Customer of the overpayment. 88 Page 6 of 19 SECTION 4. CONTRACT MANAGEMENT. 4.1 Composition and Priority. The Contractor agrees to provide commodities or contractual services to the Customer within the manner and at the location specified in the Contract and any attachments to the Contract. Additionally, the terms of the Contract supersede the terms of any and all prior or contemporaneous agreements between the Parties. 4.2 Notices. All notices required under the Contract must be delivered to the designated Contract Manager by certified mail, return receipt requested, by reputable air courier service, email, or by personal delivery, or as otherwise identified by the Department. 4.3 Department’s Contract Manager. The Department’s Contract Manager, is primarily responsible for the Department’s oversight of the Contract. In the event that the Department changes the Contract Manager, the Department will notify the Contractor. Such a change does not require an amendment to the Contract. 4.4 Contractor’s Contract Manager. The Contractor’s Contract Manager is primarily responsible for the Contractor’s oversight of the Contract performance. In the event that the Contractor changes its Contract Manager, the Contractor will notify the Department. Such a change does not require an amendment to the Contract. 4.5 Diversity Reporting. The State of Florida supports its diverse business community by creating opportunities for woman-, veteran-, and minority-owned small business enterprises to participate in procurements and contracts. The Department encourages supplier diversity through certification of woman-, veteran-, and minority-owned small business enterprises, and provides advocacy, outreach, and networking through regional business events. For additional information, please contact the Office of Supplier Diversity (OSD) at osdinfo@dms.myflorida.com. Upon request, the Contractor will report to the Department its spend with business enterprises certified by the OSD. These reports must include the time period covered, the name and Federal Employer Identification Number of each business enterprise utilized during the period, commodities and contractual services provided by the business enterprise, and the amount paid to the business enterprise on behalf of each Customer purchasing under the Contract. 4.6 RESPECT. Subject to the agency determination provided for in Section 413.036, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR THE SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2), FLORIDA STATUTES; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED. 89 Page 7 of 19 Additional information about the designated nonprofit agency and the commodities or contractual services it offers is available at http://www.respectofflorida.org. 4.7 PRIDE. Subject to the agency determination provided for in Sections 946.515 and 287.042(1), F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S., IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 946.515(2) AND (4), F.S.; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED. Additional information about PRIDE and the commodities or contractual services it offers is available at http://www.pride-enterprises.org. SECTION 5. COMPLIANCE WITH LAWS. 5.1 Conduct of Business. The Contractor must comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and authority. For example, the Contractor must comply with Section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act, Health Insurance Portability and Accountability Act, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran’s status. Pursuant to subsection 287.058(1), F.S., the provisions of subparagraphs 287.058(1)(a)-(c), F.S., are hereby incorporated by reference, to the extent applicable. 5.2 Governing Law and Venue. The laws of the State of Florida govern the Contract. The Parties submit to the jurisdiction of the courts of the State of Florida exclusively for any legal action related to the Contract. Further, the Contractor hereby waives any and all privileges and rights relating to venue it may have under Chapter 47, F.S., and any and all such venue privileges and rights it may have under any other statute, rule, or case law, including, but not limited to those based on convenience. The Contractor hereby submits to venue in the county chosen by the Department. 5.3 Department of State Registration. The Contractor and any subcontractors that assert corporate status must provide the Department with conclusive evidence, per section 607.0127, F.S., of a certificate of status, not subject to qualification, if a Florida business entity, or of a certificate of authorization if a foreign business entity and maintain such status or authorization through the life of the Contract and any resulting contract or purchase order. 5.4 Convicted and Discriminatory Vendor Lists. In accordance with sections 287.133 and 287.134, F.S., an entity or affiliate who is on the Convicted Vendor List or the Discriminatory Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, subcontractors or consultants have been 90 Page 8 of 19 placed on the Convicted Vendor List or the Discriminatory Vendor List during the term of the Contract. 5.5 Contractor Certification. If the Contract exceeds $1,000,000.00 in total, not including renewal years, Contractor certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List created pursuant to sections 215.473, F.S. and 215.4725 F.S, respectively. Pursuant to section 287.135(5), F.S., and 287.135(3), F.S., Contractor agrees the Department may immediately terminate the Contract for cause if the Contractor is found to have submitted a false certification or if Contractor is placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel during the term of the Contract. 5.6 Cooperation with Inspector General. Pursuant to subsection 20.055(5), F.S., Contractor, and any subcontractor to the Contractor, understand and will comply with their duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any type of information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but will not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor will retain such records for five years after the expiration of the Contract, or the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dos.myflorida.com/library-archives/records- management/general-records-schedules/), whichever is longer. The Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs will include, but will not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. 5.7 Inspection. Section 215.422, F.S., provides that agencies have five working days to inspect and approve commodities or contractual services. Items may be tested for compliance with specifications. Items delivered not conforming to specifications may be rejected and returned at the Contractor’s expense. SECTION 6. MISCELLANEOUS. 6.1 Notice of Legal Actions. The Contractor will use its best efforts to notify the Department of any legal actions filed against it for a violation of any laws, rules, codes, ordinances or licensing requirements occurring within the U.S., within 30 days of the action being filed. The Contractor must notify the Department of any legal actions filed against it in the U.S. for a breach of a contract of similar size and scope to this Contract within 30 days of the action being filed. Failure to notify the Department of a legal action within 30 days of the action may be grounds for termination for cause of the Contract pursuant to section 2.3.3(b) herein. 6.2 Subcontractors. The Contractor will not subcontract any work under the Contract without prior written consent of the Department. The Contractor is fully responsible for satisfactory completion of all subcontracted work. The Department supports diversity in its procurements and 91 Page 9 of 19 contracts, and requests that Contractor offer subcontracting opportunities to certified woman-, veteran-, and minority-owned small businesses. The Contractor may contact the OSD at osdhelp@dms.myflorida.com for information on certified small business enterprises available for subcontracting opportunities. 6.3 Assignment. The Contractor will not sell, assign or transfer any of its rights, duties or obligations under the Contract without the prior written consent of the Department. In the event of any assignment, the Contractor remains secondarily liable for performance of the Contract. The Department may assign the Contract to another state agency. 6.4 Independent Contractor. The Contractor and its employees, agents, representatives, and subcontractors are not employees or agents of the Department and are not entitled to the benefits of State of Florida employees. The Department will not be bound by any acts or conduct of the Contractor or its employees, agents, representatives, or subcontractors. The Contractor agrees to include this provision in all of its subcontracts under the Contract. 6.5 Risk of Loss. Until acceptance of delivery, risk of loss or damage will remain with the Contractor. The Contractor will be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer will: record any evidence of visible damage on all copies of the delivering carrier’s Bill of Lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier’s Bill of Lading and damage inspection report. When a Customer or the Department rejects a commodity, Contractor will remove the commodity from the premises within 10 days after notification of rejection, and the risk of loss will remain with the Contractor. Commodities not removed by the Contractor within 10 days will be deemed abandoned by the Contractor and the Customer or the Department will have the right to ship the equipment back to the Contractor and bill the Contractor for the cost of shipping and time spent. Contractor will reimburse the Customer or the Department for costs and expenses incurred in storing or effecting removal or disposition of rejected commodities. 6.6 Safety Standards. All manufactured items and fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate State of Florida inspector. Acceptability customarily requires, at a minimum, an identification marking of the appropriate safety standard organization, where such approvals of listings have been established for the type of device offered and furnished, for example: the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories, and National Electrical Manufacturers’ Association for electrically operated assemblies; and the American Gas Association for gas-operated assemblies. In addition, all items furnished must meet all applicable requirements of the Occupational Safety and Health Act and State of Florida and federal requirements relating to clean air and water. 6.7 Ombudsman. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this office are found in section 215.422, F.S., which include disseminating information relative to prompt payment and assisting contractors in receiving their payments in a timely manner from a Customer. The Vendor Ombudsman may be contacted at (850) 413-5516. 92 Page 10 of 19 6.8 Waiver. The delay or failure by the Department or Customer to exercise or enforce any rights under the Contract will not constitute waiver of such rights. 6.9 Modification and Severability. The Contract may only be modified by written agreement between the Department and the Contractor. Should a court determine any provision of the Contract is invalid, the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if the Contract did not contain the provision held invalid. SECTION 7. WORKERS’ COMPENSATION AND GENERAL LIABILITY INSURANCE, AND INDEMNIFICATION 7.1 Workers’ Compensation Insurance. To the extent required by law, the Contractor must be self-insured against, or must secure and maintain during the life of the contract, Worker’s Compensation Insurance for all its employees connected with the work of this project, and in case any work is subcontracted, the Contractor must require the subcontractor similarly to provide Worker’s Compensation Insurance for all of the latter’s employees unless such employees engaged in work under the resulting contract are covered by the Contractor’s insurance program. Self-insurance or insurance coverage must comply with the Florida Worker’s Compensation law. In the event hazardous work is being performed by the Contractor under the resulting contract or purchase order and any class of employees performing the hazardous work is not protected under Worker’s Compensation statutes, the Contractor must provide, and cause each subcontractor to provide adequate insurance satisfactory to the Department for the protection of employees not otherwise protected. 7.2 General Liability Insurance The Contractor must secure and maintain Commercial General Liability Insurance including bodily injury, property damage, product-liability, personal & advertising injury and completed operations. This insurance must provide coverage for all claims that may arise from the services, and operations completed under the Contract and any resulting contract or purchase order, whether such services or operations are by the Contractor or anyone directly or indirectly employed by them. Such insurance must include the State of Florida as an Additional Insured for the entire length of the Contract and any resulting contract or purchase order. The Contractor is responsible for determining the minimum limits of liability necessary to provide reasonable financial protections to the Contractor and the State of Florida under the Contract and any resulting contract or purchase order. All insurance policies must be with insurers licensed or eligible to transact business in the State of Florida. The Contractor’s current certificate of insurance will contain a standard notice of cancellation provision that should the policy be cancelled before the expiration date, notice will be delivered in accordance with policy provisions to the Department’s Contract Manager. The Contractors must submit insurance certificates evidencing such insurance coverage prior to execution of a contract with the Department. The Contractor must require its insurance carrier to include the Department as an additional insured, as provided below: Florida Department of Management Services c/o Division of State Purchasing 4050 Esplanade Way, Suite 36060 93 Page 11 of 19 Tallahassee, Florida 32399-0950 7.3 Indemnification. The Contractor agrees to indemnify, defend, and hold the Department, Customer, the State of Florida, its officers, employees and agents harmless from all fines, claims, assessments, suits, judgments, or direct damages, arising from or relating to violation or infringement of a trademark, copyright, patent, or intellectual property right or out of any acts, actions, breaches, neglect or omissions of the Contractor, its employees, agents, subcontractors, assignees or delegates related to the Contract, as well as for any determination arising out of or related to the Contract that the Contractor or Contractor’s employees, agents, subcontractors, assignees or delegates are not independent contractors in relation to the Department. The Contract does not constitute a waiver of sovereign immunity or consent by the Department or the State of Florida or its subdivisions to suit by third parties. Without limiting this indemnification, the Department or Customer may provide the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor’s sole expense, and (3) assistance in defending the action at Contractor’s sole expense. SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT AND INTELLECTUAL PROPERTY. 8.1 Public Records. The Department may unilaterally cancel this Contract for refusal by the Contractor to comply with this section by not allowing public access to all documents, papers, letters or other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1), F.S. Solely for the purposes of this section the contract manager is the agency custodian of public records, unless another is designated per (e), below. If, under a resulting contract or purchase order, the Contractor is providing services and is acting on behalf of a public agency, as provided by section 119.0701, Florida Statutes. The Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure 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 public agency; (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet 94 Page 12 of 19 all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency; and (e) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBER, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER. 8.2 Protection of Trade Secrets or Confidential Information. If the Contractor considers any portion of materials made or received in the course of performing the Contract (“contract-related materials”) to be trade secret under section 812.081, F.S., or otherwise confidential under Florida or federal law, the Contractor must clearly designate that portion of the materials as “confidential” when submitted to the Department. If the Department receives a public records request for contract-related materials designated by the Contractor as “confidential,” the Department will provide only the portions of the contract-related materials not designated as “confidential.” If the requester asserts a right to examine contract-related materials designated as “confidential,” the Department will notify the Contractor. The Contractor will be responsible for responding to and resolving all claims for access to contract-related materials it has designated “confidential.” If the Department is served with a request for discovery of contract-related materials designated “confidential,” the Department will promptly notify the Contractor about the request. The Contractor will be responsible for filing the appropriate motion or objection in response to the request for discovery. The Department will provide materials designated “confidential” only if the Contractor fails to take appropriate action, within timeframes established by statute and court rule, to protect the materials designated as “confidential” from disclosure. The Contractor will protect, defend, and indemnify the Department for claims, costs, fines, and attorney’s fees arising from or relating to its designation of contract-related materials as “confidential.” 8.3 Document Management. The Contractor must retain sufficient documentation to substantiate claims for payment under the Contract and all other records, electronic files, papers and documents that were made in relation to this Contract. Contractor must retain all documents related to the Contract for five years after expiration of the Contract, or, if longer, the period required by the General Records Schedules maintained by the Florida Department of State available at: http://dos.myflorida.com/library-archives/records-management/general-records-schedules/. SECTION 9. DATA SECURITY AND SERVICES. 9.1 Duty to Provide Secure Data. The Contractor will maintain the security of State of Florida Data including, but not limited to, a secure area around any display of such Data or Data that is otherwise visible. The Contractor will also comply with all HIPAA requirements and any other state and federal rules and regulations regarding security of information. 9.2 Warranty of Security. 95 Page 13 of 19 Unless otherwise agreed in writing, the Contractor and its subcontractors will not perform any of the services from outside of the United States, and the Contractor will not allow any State of Florida Data to be sent by any medium, transmitted or accessed outside of the United States. Notwithstanding any provision of this Contract to the contrary, the Contractor must notify the Department as soon as possible, in accordance with the requirements of section 501.171, F.S., and in all events within one (1) business day in the event Contractor discovers any Data is breached, any unauthorized access of Data occurs (even by persons or companies with authorized access for other purposes), any unauthorized transmission of Data or any credible allegation or suspicion of a material violation of the above. This notification is required whether the event affects one agency/customer or the entire population. The notification must be clear and conspicuous and include a description of the following: (a) The incident in general terms. (b) The type of information that was subject to the unauthorized access and acquisition. (c) The type and number of entities who were, or potentially have been affected by the breach. (d) The actions taken by the Contractor to protect the Data from further unauthorized access. However, the description of those actions in the written notice may be general so as not to further increase the risk or severity of the breach. 9.3 Remedial Measures. Upon becoming aware of an alleged security breach, Contractor’s Contract Manager must set up a conference call with the Department’s Contract Manager. The conference call invitation must contain a brief description of the nature of the event. When possible, a 30 minute notice will be given to allow Department personnel to be available for the call. If the designated time is not practical for the Department, an alternate time for the call will be scheduled. All available information must be shared on the call. The Contractor must answer all questions based on the information known at that time and answer additional questions as additional information becomes known. The Contractor must provide the Department with final documentation of the incident including all actions that took place. If the Contractor becomes aware of a security breach or security incident outside of normal business hours, the Contractor must notify the Department’s Contract Manager and in all events, within one business day. 9.4 Indemnification (Breach of Warranty of Security). The Contractor agrees to defend, indemnify and hold harmless the Department, Customer, the State of Florida, its officers, directors and employees for any claims, suits or proceedings related to a breach of the Warranty of Security. The Contractor will include credit monitoring services at its own cost for those individuals affected or potentially affected by a breach of this warranty for a two year period of time following the breach. 9.5 Annual Certification. The Contractor is required to submit an annual certification demonstrating compliance with the Warranty of Security to the Department by December 31 of each Contract year. SECTION 10. GRATUITIES AND LOBBYING. 10.1 Gratuities. The Contractor will not, in connection with this Contract, directly or indirectly (1) offer, give, or agree to give anything of value to anyone as consideration for any State of Florida officer 96 Page 14 of 19 or employee’s decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone anything of value for the benefit of, or at the direction or request of, any State of Florida officer or employee. 10.2 Lobbying. In accordance with sections 11.062 and 216.347, F.S., Contract funds are not for the purpose of lobbying the Legislature, the judicial branch, or the Department. Pursuant to subsection 287.058(6), F.S., the Contract does not prohibit the Contractor from lobbying the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding the Contract, after the Contract execution and during the Contract’s term. SECTION 11. CONTRACT MONITORING. 11.1 Performance Standards. The Contractor agrees to perform all tasks and provide deliverables as set forth in the Statement of Work and attachments to the Contract. The Department and the Customer will be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof. Coordination must be maintained by the Contractor with representatives of the Customer, the Department, or of other agencies involved in the Contract on behalf of the Department. 11.2 Performance Deficiency. The Department or Customer may, in its sole discretion, notify the Contractor of the deficiency to be corrected, which correction must be made within a time-frame specified by the Department or Customer. The Contractor must provide the Department or Customer with a corrective action plan describing how the Contractor will address all issues of contract non-performance, unacceptable performance, and failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. 11.3 Financial Consequences of Non-Performance. If the corrective action plan is unacceptable to the Department or Customer, or fails to remedy the performance deficiencies, the Contractor will be assessed a non-performance retainage equivalent to 10% of the total invoice amount or as specified in the Contract. The retainage will be applied to the invoice for the then-current billing period. The retainage will be withheld until the Contractor resolves the deficiency. If the deficiency is subsequently resolved, the Contractor may invoice the Customer for the retained amount during the next billing period. If the Contractor is unable to resolve the deficiency, the funds retained will be forfeited. 11.4 Liquidated Damages. The Contractor will promptly notify the Department or Customer upon becoming aware of any circumstances that may reasonably be expected to jeopardize the timely and successful completion (or delivery) of any commodity or contractual service. The Contractor will use commercially reasonable efforts to avoid or minimize any delays in performance and will inform the Department or Customer of the steps the Contractor is taking or will take to do so, and the projected actual completion (or delivery) time. If the Contractor believes a delay in performance by the Department or Customer has caused or will cause the Contractor to be unable to perform its obligations on time, the Contractor will promptly so notify the Department or Customer and use commercially reasonable efforts to perform its obligations on time notwithstanding the Department or Customer’s delay. The Contractor acknowledges that untimely performance or other material noncompliance will damage the Department or Customer, but by their nature such damages may be difficult to ascertain. Accordingly, any liquidated damages provisions stated in the solicitation will 97 Page 15 of 19 apply to this Contract. Liquidated damages are not intended to be a penalty and are solely intended to compensate for damages. 11.5 Force Majeure, Notice of Delay, and No Damages for Delay. The Contractor will not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor’s control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. In case of any delay the Contractor believes is excusable, the Contractor will notify the Department or Customer in writing of the delay or potential delay and describe the cause of the delay either (1) within 10 days after the cause that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five days after the date the Contractor first had reason to believe that a delay could result. The foregoing will constitute the Contractor’s sole remedy or excuse with respect to delay. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages will be asserted by the Contractor. The Contractor will not be entitled to an increase in the Contract price or payment of any kind from the Department or Customer for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor will perform at no increased cost, unless the Department or Customer determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State of Florida or to Customers, in which case the Department or Customer may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers with respect to commodities or contractual services subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the commodity or contractual services that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. SECTION 12. CONTRACT AUDITS. 12.1 Performance or Compliance Audits. The Department may conduct, or cause to have conducted, either or both performance and compliance audits of the Contractor and subcontractors as determined by the Department. The Department may conduct an audit and review all the Contractor’s and subcontractor’s data and records that directly relate to the Contract. To the extent necessary to verify the Contractor’s claims for payment under the Contract, the Contractor’s agreements or contracts with subcontractors, partners or agents of the Contractor, pertaining to this Contract, may be inspected by the Department upon 15 days’ notice, during normal working hours and in accordance with the Contractor’s facility access procedures where facility access is required. Release statements from its subcontractors, partners or agents are not required for the Department or its designee to conduct compliance and performance audits on any of the Contractor’s contracts relating to this Contract. The State of Florida’s Chief Financial Officer and the Office of the Auditor General also have authority to perform audits and inspections. 12.2 Payment Audit. Records of costs incurred under terms of the Contract will be maintained. Records of costs incurred will include the Contractor’s general accounting records, together with supporting 98 Page 16 of 19 documents and records of the Contractor and all subcontractors performing work, and all other records of the Contractor and subcontractors considered necessary by the Department, State of Florida’s Chief Financial Officer or the Office of the Auditor General for audit. SECTION 13. BACKGROUND SCREENING AND SECURITY. 13.1 Background Check. The Department may require the Contractor and its employees, agents, representatives and subcontractors to provide fingerprints and be subject to such background checks as directed by the Department. The cost of the background checks will be borne by the Contractor. The Department may require the Contractor to exclude the Contractor’s employees, agents, representatives or subcontractors based on the background check results. In addition, the Contractor must ensure that all persons have a responsibility to self-report to the Contractor within three calendar days any arrest for any Disqualifying Offense. The Contractor must notify the Contract Manager within 24 hours of all details concerning any reported arrest. The Contractor will ensure that all background screening will be refreshed upon the request of the Department for each person during the term of the Contract. 13.2 E-Verify. In accordance with Executive Order 11-116, the Contractor agrees to utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired during the term of the Contract for the services specified in the Contract. The Contractor must also include a requirement in subcontracts that the subcontractor must utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. In order to implement this provision, the Contractor must provide a copy of its DHS Memorandum of Understanding (MOU) to the Contract Manager within five days of Contract execution. If the Contractor is not enrolled in DHS E-Verify System, it will do so within five days of notice of Contract award, and provide the Contract Manager a copy of its MOU within five days of Contract execution. The link to E-Verify is provided below. http://www.uscis.gov/e-verify. Upon each Contractor or subcontractor new hire, the Contractor must provide a statement within five days to the Contract Manager identifying the new hire with its E-Verify case number. 13.3 Disqualifying Offenses. If at any time it is determined that a person has a criminal misdemeanor or felony record regardless of adjudication (e.g., adjudication withheld, a plea of guilty or nolo contendere, or a guilty verdict) within the last six years from the date of the court’s determination for the crimes listed below, or their equivalent in any jurisdiction, the Contractor is required to immediately remove that person from any position with access to State of Florida Data or directly performing services under the Contract. The disqualifying offenses are as follows: (a) Computer related or information technology crimes (b) Fraudulent practices, false pretenses and frauds, and credit card crimes (c) Forgery and counterfeiting (d) Violations involving checks and drafts (e) Misuse of medical or personnel records (f) Felony theft 13.4 Communications and Confidentiality. The Contractor agrees that it will make no statements, press releases, or publicity releases concerning the Contract or its subject matter or otherwise disclose or permit to be disclosed any of the data or other information obtained or furnished in compliance with the Contract, or any particulars thereof, during the period of the Contract, without first notifying the 99 Page 17 of 19 Department’s Contract Manager or the Department designated contact person and securing prior written consent. The Contractor must maintain confidentiality of all confidential data, files, and records related to the services and commodities provided pursuant to the Contract and must comply with all state and federal laws, including, but not limited to sections 381.004, 384.29, 392.65, and 456.057, F.S. The Contractor’s confidentiality procedures must be consistent with the most recent version of the Department security policies, protocols, and procedures. The Contractor must also comply with any applicable professional standards with respect to confidentiality of information. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. 100 Page 18 of 19 EXHIBIT B FLORIDA SPECIAL CONTRACT CONDITIONS This Exhibit contains the Special Contract Conditions. If a conflict exists between the Special Contract Conditions and the General Contract Conditions, the Special Contract Conditions shall take precedence over the General Contract Conditions unless the conflicting term in the General Contract Conditions is required by Florida law, in which case the General Contract Conditions term will take precedence. Special Contract Conditions are as follows: Section 1 Scope All products and services offered under this addendum must be in compliance with the Master Agreement scope. Failure to adhere to Master Agreement scope, may result in addendum termination and the reimbursement of reprocurement costs in accordance to 60A-1.006 F.A.C.. Section 2 Information Technology (IT) Standards Pursuant to sections 282.0051 and 282.318, F.S., the Agency for State Technology (AST) has established information technology standards for security, project management and oversight. State agencies shall ensure compliance with AST standards as established in Rule Chapter 74-1 and 74-2, F.A.C, as applicable. Section 3 Delays and Complaints Delivery delays and service complaints will be monitored on a continual basis. Documented inability to perform under the conditions of the contract, via the established Complaint to Vendor process (PUR 7017 form), may result in default proceedings and cancellation. Section 4 Monthly Transaction Fee Report The Contractor is required to submit monthly Transaction Fee Reports electronically through MFMP VIP. All such reports and payments shall be subject to audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions shall constitute grounds for declaring the Contractor in default and subject the Contractor to exclusion from business with the State of Florida. For information on how to submit Transaction Fee Reports online, please reference the detailed fee reporting instructions and Vendor training presentations available online through MFMP U on the MyFloridaMarketPlace website (located at http://dms.myflorida.com/mfmp). Assistance is also available from the MyFloridaMarketPlace Customer Service Desk at feeprocessing@myfloridamarketplace.com or 866-FLA-EPRO (866-352-3776) between the hours of 8:00 AM to 6:00 PM, Eastern Time. Section 5 Quarterly Sales Reports Each Contractor shall submit a sales report to the Department on a Quarterly basis. Contract Sales Reports must include the Contractor’s name, the dates of Quarter covered, each Customer’s name, services provided, and the amount paid by the Customer. 101 Page 19 of 19 Initiation and submission of the Contract Sales Reports are to be the responsibility of the Contractor. The Contractor will submit the completed Sales Report forms by email to the Department Contract Manager no later than the due date indicated in Section 10. Submission of these reports is considered a material requirement of this Contract and the Contractor. Failure to provide quarterly sales reports, including those indicating no sales, within thirty (30) calendar days following the end of each quarter (January, April, July and October) is considered as Non-Performance by the Contractor. Exceptions may be made if a delay in submitting reports is attributable to circumstances that are clearly beyond the control of the Contractor. The burden of proof of unavoidable delay shall rest with the Contractor and shall be supplied in a written form and submitted to the Department. The Department reserves the right to request additional sales information as needed. Section 6 Quarterly Reporting Timeframes Quarterly reporting timeframes coincide with the State Fiscal Year as follows: Quarter 1 - (July-September) – Due by October 10 Quarter 2 - (October-December) – Due by January 10 Quarter 3 - (January-March) – Due by April 10 Quarter 4 - (April-June) – Due by July 10 Section 7 Business Review Meetings The Department reserves the right to schedule business review meetings as frequently as necessary. The Department will provide the format for the Contractor’s agenda. Prior to the meeting, the Contractor shall submit the completed agenda to the Department for review and acceptance. The Contractor shall address the agenda items and any of the Department’s additional concerns at the meeting. Failure to comply with this section may result in the Contractor being found in default and contract termination. Section 8 Contract Revisions Notwithstanding General Contract Conditions the following types of revisions can be made to the Contract upon written authorization by the Department: a. Contractor’s Information and Contacts b. Contract Manager c. Contract Report Forms Only the above listed provisions can be made without a formal Contract amendment. Florida General Contract Conditions, section 6.10, applies to all other modifications to the Contract. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. 102 AMENDMENT NO.: 2 - Renewal Alternate Contract Source No.: 43190000-18-NASPO-ACS-1 Alternate Contract Source Name: Public Safety Communication Equipment, Phase 1: Radios, Consoles, Antennas, and Repeaters Page 1 of 2 This Amendment No. 2 (“Amendment”), effective on the date of the last signature below, to Alternate Contract Source No. 43190000-18-NASPO-ACS-1, Public Safety Communication Equipment, Phase 1: Radios, Consoles, Antennas, and Repeaters (“Participating Addendum,” “ACS,” or “Contract”), is made by and between the State of Florida (“State”), Department of Management Services (“Department”), and Motorola Solutions (“Contractor”), collectively referred to herein as the “Parties.” All capitalized terms used herein have the meaning assigned to them in the ACS, unless otherwise defined herein. WHEREAS, the Parties entered into the ACS, effective January 1, 2018, through July 1, 2020, for the provision of Public Safety Communication Equipment, pursuant to State of Washington Master Agreement No. 06913 (“Master Agreement”); WHEREAS, the Parties entered into Amendment No. 1, on March 21, 2019, which revised the July 1, 2020, end date of the ACS with the new end date, June 30, 2021; WHEREAS, the State of Washington and Contractor agreed to extend the Master Agreement through December 31, 2021; WHEREAS, the Department has evaluated the ACS and determined that continuation of the ACS is cost-effective and in the best interest of the State; WHEREAS, the Parties agreed that the ACS may be amended as provided in Section 6, Amendments, of the ACS; and WHEREAS, the Parties wish to renew and amend the ACS as set forth herein. THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to the following: I. Amendments. a) Exhibit A: Florida General Contract Conditions is hereby deleted in its entirety and replaced with the attached Exhibit B: Special Contract Conditions, July 1, 2019 Version. b) Exhibit B: Florida Special Contract Conditions is hereby deleted in its entirety and replaced with the attached Exhibit A: Additional Special Contract Conditions. c) Section 3, Participating State Modifications or Additions to Master Agreement, of the ACS is hereby deleted in its entirety and replaced with the following: DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 103 AMENDMENT NO.: 2 - Renewal Alternate Contract Source No.: 43190000-18-NASPO-ACS-1 Alternate Contract Source Name: Public Safety Communication Equipment, Phase 1: Radios, Consoles, Antennas, and Repeaters Page 2 of 2 3. Contract Document and Order of Precedence. This Contract document and the attached exhibits constitute the Contract and the entire understanding of the Parties. All exhibits listed below are incorporated into and form part of this Contract. In the event of a conflict, the following order of precedence shall apply: 1) The ACS and amendments, with latest issued having priority 2) Exhibit A, Additional Special Contract Conditions 3) Exhibit B, Special Contract Conditions 4) Exhibit C, NASPO ValuePoint Master Agreement Number 06913 II. Renewal. In accordance with Section 2.2, Renewal, of Exhibit B, Special Contract Conditions, the ACS is hereby renewed for a period of six (6) months, effective July 1, 2021, with a new expiration date of December 31, 2021. III. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the ACS, the terms of this Amendment shall control. IV. Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in the ACS, as previously amended, shall continue in full force and effect. IN WITNESS WHEREOF, the Parties have executed this Amendment by their duly authorized representatives. State of Florida: Department of Management Services Contractor: Motorola Solutions By: _____________________________ By: _____________________________ Name: Tami Fillyaw Name: Title: Chief of Staff Title: Date: ____________________________ Date: ____________________________ DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 6/1/2021 | 3:32 PM EDT Account Executive Jay Etheridge 6/3/2021 | 3:07 PM EDT 104 1 ADDITIONAL SPECIAL CONTRACT CONDITIONS EXHIBIT A The Contractor and Customers acknowledge and agree to be bound by the terms and conditions of the Master Agreement except as otherwise specified in the Department’s Contract as modified and supplemented by the Special Contract Conditions and these Additional Special Contract Conditions. Contractor acknowledges that the Participating State is an agency of the State of Florida and as such, the Contract will include the terms and conditions in these Additional Special Contract Conditions. All references to the Contract in these Additional Special Contract Conditions include the terms and conditions herein. A. Orders: Contractor must be able to accept the State of Florida Purchasing Card and MyFloridaMarketPlace (MFMP) purchase orders. B. Contractor and Applicable Subcontractors, Affiliates, Partners, Resellers, Distributors, and Dealers: By execution of a Contract, the Contractor acknowledges that it will not be released of its contractual obligations to the Department because of any failure of a subcontractor, reseller, distributor, or dealer. The Contract terms are applicable to subcontractors, resellers, distributors, and dealers and shall apply to the Contractor’s Applicable Subcontractors, Affiliates, Partners, Resellers, Distributors, and Dealers providing commodities and performing services in furtherance of the Contract. The Contractor is fully responsible for satisfactory completion of all work performed under the Contract. C. Purchases Prerequisites: Before fulfilling any Customer purchases and receiving payment, the Contractor and applicable Subcontractors, Affiliates, Partners, Resellers, Distributors, and Dealers must have met the following requirements, unless further notated below: • Have an active registration with the Florida Department of State, Division of Corporations (www.sunbiz.org), or, if exempt from the registration requirements, provide the Department with the basis for such exemption. • Be registered in the MFMP Vendor Information Portal (https://vendor.myfloridamarketplace.com) *only required by applicable Subcontractors, Affiliates, Partners, Resellers, Distributors, and Dealers if receiving payment. • Not be on the State’s Convicted, Suspended, or Discriminatory Vendor lists (http://www.dms.myflorida.com/business_operations/State_purchasing/vendor_in formation/convicted_suspended_discriminatory_complaints_vendor_lists) • Have a copy of e-Verify Status on file DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 105 2 • Have a current W-9 filed with the Florida Department of Financial Services (https://flvendor.myfloridacfo.com) *only required by applicable Subcontractors, Affiliates, Partners, Resellers, Distributors, and Dealers if receiving payment. D. MFMP Electronic Invoicing: The Contractor may supply electronic invoices in lieu of paper-based invoices for those transactions processed through MFMP. Electronic invoices may be submitted to the agency through one of the mechanisms as listed below: 1) EDI (Electronic Data Interchange) This standard establishes the data contents of the Invoice Transaction Set (810) for use within the context of an Electronic Data Interchange (EDI) environment. This transaction set can be used for invoicing via the Ariba Network (AN) for catalog and non-catalog goods and services. 2) PO Flip via AN This online process allows Contractors to submit invoices via the AN for catalog and non-catalog goods and services. Contractors have the ability to create an invoice directly from their inbox in their AN account by simply "flipping" the PO into an invoice. This option does not require any special software or technical capabilities. The Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third-party provider of MFMP, a State contractor, the right and license to use, reproduce, transmit, distribute, and publicly display within MFMP. In addition, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third-party provider the right and license to reproduce and display within MFMP the Contractor's trademarks, system marks, logos, trade dress, or other branding designation that identifies the products made available by the Contractor under the Contract. The Contractor will work with the MFMP management team to obtain specific requirements for the electronic invoicing if needed. E. Contract Reporting: The Contractor shall provide the following reports associated with this Contract. 1) Contract Quarterly Sales Reports. The Contractor shall submit Quarterly Sales Reports to the Department’s Contract Manager within 30 calendar days after the close of each State fiscal quarter (the State’s fiscal quarters close on September 30, December 31, March 31, and June 30). The Contractor’s first Quarterly Sales Report will be due 30 calendar days after the first full quarter following Contract execution. DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 106 3 Reports must be submitted in MS Excel format and can be retrieved by accessing the following link at FL DMS Quarterly Sales Report Form. The report shall include all Customer sales received and associated with this Contract during the quarter. Initiation and submission of the Quarterly Sales Report is the responsibility of the Contractor without prompting or notification from the Department’s Contract Manager. If no orders are received during the period, the Contractor must submit a report stating that there was no activity. If the Contractor fails to submit two consecutive quarterly sales reports, the Contract may be terminated, or the Department may choose to not renew the Contract. 2) Certified and Minority Business Enterprises Reports. Upon Customer request, the Contractor shall report to each Customer, spend with certified and other minority business enterprises in the provision of commodities or services related to the Customer orders. These reports shall include the period covered; the name, minority code, and Federal Employer Identification Number of each minority business enterprise utilized during the period; commodities and services provided by the minority business enterprise; and the amount paid to each minority business enterprise on behalf of the Customer. 3) Ad Hoc Sales Reports. The Department may require additional Contract sales information such as copies of purchase orders or ad hoc sales reports. The Contractor shall submit these documents and reports within the timeframe specified by the Department. 4) MFMP Transaction Fee Reports. The Contractor shall submit monthly MFMP Transaction Fee Reports to the Department. Reports are due 15 calendar days after the end of each month. Information on how to submit MFMP Transaction Fee Reports online can be located on the Transaction Fee and Reporting website. Assistance with the transaction fee reporting system is also available from the MFMP Customer Service Desk by email at feeprocessing@myfloridamarketplace.com or telephone at 866-FLA-EPRO (866-352-3776) from 8:00 a.m. to 6:00 p.m. Eastern Time. F. Financial Consequences: The following financial consequences will apply for the Contractor’s non-performance of the provision of the Quarterly Sales Reports and the MFMP Transaction Fee Reports. The State of Florida reserves the right to withhold payment or implement other appropriate remedies, such as Contract termination or nonrenewal, when the Contractor has failed to comply with these provisions of the Contract. The Contractor and the Department agree that the financial consequences for non-performance are an estimate of damages which are difficult to ascertain and are not DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 107 4 penalties. The financial consequences will be paid via check or money order and made out to the Department of Management Services in U.S. dollars within 30 calendar days after the required report submission date. These consequences are individually assessed for failures over each target period beginning with the first full month or quarter of the contract performance and every month or quarter, respectively, thereafter. Financial Consequences Chart Quarterly reporting timeframes coincide with the State Fiscal Year as follows: Quarter 1 - (July-September) – due 30 calendar days after close of the period Quarter 2 - (October-December) – due 30 calendar days after close of the period Quarter 3 - (January-March) – due 30 calendar days after close of the period Quarter 4 - (April-June) – due 30 calendar days after close of the period Deliverable Performance Metric Performance Due Date Financial Consequence for Non- Performance (Per Calendar Day Late/Not Received by the Contract Manager) Contractor will timely submit complete Quarterly Sales Reports All Quarterly Sales Reports will be submitted timely with the required information Reports are due on or before the 30th calendar day after the close of each State fiscal quarter $250 Contractor will timely submit complete MFMP Transaction Fee Reports All MFMP Transaction Fee Reports will be submitted timely with the required information Reports are due on or before the 15th calendar day after the close of each month $100 DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 108 5 The Department may not consider renewal of a Contract or price adjustments if the Contractor is late on submitting required reports or for outstanding fees owed. G. Business Review Meetings: Both the Department and Customer reserve the right to schedule business review meetings. The Department or Customer will provide the format for the Contractor's agenda. In the event the Department or Customer schedules a business review meeting, the Contractor shall submit the completed agenda to the Department or Customer for review and acceptance prior to the meeting. The Contractor shall address the agenda items and any of the Department’s or Customer’s additional concerns at the meeting. At a minimum, the agenda items may include: a. Contract compliance b. Savings report (in dollar amount and cost avoidance) c. Spend reports by Customer d. Recommendations for improved compliance and performance Failure to comply with this section may result in the Contractor being placed on a Corrective Action Plan and possible termination of the Contract. H. 13.2 E-Verify: The Contractor (and its subcontractors) have an obligation to utilize the U.S. Department of Homeland Security’s (DHS) E-Verify system for all newly hired employees. By executing this Contract, the Contractor certifies that it is registered with, and uses, the E-Verify system for all newly hired employees. The Contractor must obtain an affidavit from its subcontractors in accordance with paragraph (2)(b) of section 448.095, F.S., and maintain a copy of such affidavit for the duration of the Contract. In order to implement this provision, the Contractor shall provide a copy of its DHS Memorandum of Understanding (MOU) to the Department’s Contract Manager within five (5) days of Contract execution. This section serves as notice to the Contractor regarding the requirements of section 448.095, F.S., specifically sub-paragraph (2)(c)1, and the Department’s obligation to terminate the Contract if it has a good faith belief that the Contractor has knowingly violated section 448.09(1), F.S. If terminated for such reason, the Contractor will not be eligible for award of a public contract for at least one (1) year after the date of such termination. The Department reserves the right to order the immediate termination of any contract between the Contractor and a subcontractor performing work on its behalf should the Department develop a good faith belief that the subcontractor has knowingly violated section 448.095(1), F.S. DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 109 SP approved version 7‐1‐2019 1 SPECIAL CONTRACT CONDITIONS JULY 1, 2019 VERSION Table of Contents SECTION 1. DEFINITION. .......................................................................................................................... 2 SECTION 2. CONTRACT TERM AND TERMINATION. ................................................................................ 2 SECTION 3. PAYMENT AND FEES. ............................................................................................................ 3 SECTION 4. CONTRACT MANAGEMENT. ................................................................................................. 4 SECTION 5. COMPLIANCE WITH LAWS. ................................................................................................... 6 SECTION 6. MISCELLANEOUS. ................................................................................................................. 7 SECTION 7. LIABILITY AND INSURANCE…………………………………………………………………………………………….. 9 SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL PROPERTY. ............................................................................................................................................. 10 SECTION 9. DATA SECURITY. ................................................................................................................. 12 SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS. ......................................................... 13 SECTION 11. CONTRACT MONITORING. ............................................................................................... 14 SECTION 12. CONTRACT AUDITS. .......................................................................................................... 15 SECTION 13. BACKGROUND SCREENING AND SECURITY. ..................................................................... 16 SECTION 14. WARRANTY OF CONTRACTOR’S ABILITY TO PERFORM. ................................................... 17 In accordance with Rule 60A-1.002(7), F.A.C., Form PUR 1000 is included herein by reference but is superseded in its entirety by these Special Contract Conditions. Exhibit B DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 110 SP approved version 7‐1‐2019 2 SECTION 1. DEFINITION. The following definition applies in addition to the definitions in Chapter 287, Florida Statutes (F.S.), and Rule Chapter 60A-1, Florida Administrative Code (F.A.C.): 1.1 Customer. The agency or eligible user that purchases commodities or contractual services pursuant to the Contract. SECTION 2. CONTRACT TERM AND TERMINATION. 2.1 Initial Term. The initial term will begin on the date set forth in the Contract documents or on the date the Contract is signed by all Parties, whichever is later. 2.2 Renewal. Upon written agreement, the Department and the Contractor may renew the Contract in whole or in part only as set forth in the Contract documents, and in accordance with section 287.057(13), F.S. 2.3 Suspension of Work and Termination. 2.3.1 Suspension of Work. The Department may, at its sole discretion, suspend any or all activities under the Contract, at any time, when it is in the best interest of the State of Florida to do so. The Customer may suspend a resulting contract or purchase order, at any time, when in the best interest of the Customer to do so. The Department or Customer will provide the Contractor written notice outlining the particulars of the suspension. After receiving a suspension notice, the Contractor must comply with the notice and will cease the performance of the Contract or purchase order. Suspension of work will not entitle the Contractor to any additional compensation. The Contractor will not resume performance of the Contract or purchase order until so authorized by the Department. 2.3.2 Termination for Convenience. The Contract may be terminated by the Department in whole or in part at any time, in the best interest of the State of Florida. If the Contract is terminated before performance is completed, the Contractor will be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the Contract price as the amount of work satisfactorily performed. All work in progress will become the property of the Customer and will be turned over promptly by the Contractor. 2.3.3 Termination for Cause. If the performance of the Contractor is not in compliance with the Contract requirements or the Contractor has defaulted, the Department may: (a) immediately terminate the Contract; (b) notify the Contractor of the noncompliance or default, require correction, and specify the date by which the correction must be completed before the Contract is terminated; or (c) take other action deemed appropriate by the Department. DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 111 SP approved version 7‐1‐2019 3 SECTION 3. PAYMENT AND FEES. 3.1 Pricing. The Contractor will not exceed the pricing set forth in the Contract documents. 3.2 Price Decreases. The following price decrease terms will apply to the Contract: 3.2.1 Quantity Discounts. Contractor may offer additional discounts for one-time delivery of large single orders; 3.2.2 Preferred Pricing. The Contractor guarantees that the pricing indicated in this Contract is a maximum price. Additionally, Contractor’s pricing will not exceed the pricing offered under comparable contracts. Comparable contracts are those that are similar in size, scope, and terms. In compliance with section 216.0113, F.S., Contractor must annually submit an affidavit from the Contractor’s authorized representative attesting that the Contract complies with this clause. 3.2.3 Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, the Contractor may conduct sales promotions involving price reductions for a specified lesser period. The Contractor must submit documentation identifying the proposed: (1) starting and ending dates of the promotion, (2) commodities or contractual services involved, and (3) promotional prices compared to then-authorized prices. 3.3 Payment Invoicing. The Contractor will be paid upon submission of invoices to the Customer after delivery and acceptance of commodities or contractual services is confirmed by the Customer. Invoices must contain sufficient detail for an audit and contain the Contract Number and the Contractor’s Federal Employer Identification Number. 3.4 Purchase Order. A Customer may use purchase orders to buy commodities or contractual services pursuant to the Contract and, if applicable, the Contractor must provide commodities or contractual services pursuant to purchase orders. Purchase orders issued pursuant to the Contract must be received by the Contractor no later than the close of business on the last day of the Contract’s term. The Contractor is required to accept timely purchase orders specifying delivery schedules that extend beyond the Contract term even when such extended delivery will occur after expiration of the Contract. Purchase orders shall be valid through their specified term and performance by the Contractor, and all terms and conditions of the Contract shall survive the termination or expiration of the Contract and apply to the Contractor’s performance. The duration of purchase orders for recurring deliverables shall not exceed the expiration of the Contract by more than twelve months. Any purchase order terms and conditions conflicting with these Special Contract Conditions shall not become a part of the Contract. 3.5 Travel. Travel expenses are not reimbursable unless specifically authorized by the Customer in writing and may be reimbursed only in accordance with section 112.061, F.S. DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 112 SP approved version 7‐1‐2019 4 3.6 Annual Appropriation. Pursuant to section 287.0582, F.S., if the Contract binds the State of Florida or an agency for the purchase of services or tangible personal property for a period in excess of one fiscal year, the State of Florida’s performance and obligation to pay under the Contract is contingent upon an annual appropriation by the Legislature. 3.7 Transaction Fees. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(22), F.S. All payments issued by Customers to registered Vendors for purchases of commodities or contractual services will be assessed Transaction Fees as prescribed by rule 60A-1.031, F.A.C., or as may otherwise be established by law. Vendors must pay the Transaction Fees and agree to automatic deduction of the Transaction Fees when automatic deduction becomes available. Vendors will submit any monthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions will constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion from business with the State of Florida. 3.8 Taxes. Taxes, customs, and tariffs on commodities or contractual services purchased under the Contract will not be assessed against the Customer or Department unless authorized by Florida law. 3.9 Return of Funds. Contractor will return any overpayments due to unearned funds or funds disallowed pursuant to the terms of the Contract that were disbursed to the Contractor. The Contractor must return any overpayment within forty (40) calendar days after either discovery by the Contractor, its independent auditor, or notification by the Department or Customer of the overpayment. SECTION 4. CONTRACT MANAGEMENT. 4.1 Composition and Priority. The Contractor agrees to provide commodities or contractual services to the Customer as specified in the Contract. Additionally, the terms of the Contract supersede the terms of all prior agreements between the Parties on this subject matter. 4.2 Notices. All notices required under the Contract must be delivered to the designated Contract Manager in a manner identified by the Department. 4.3 Department’s Contract Manager. The Department’s Contract Manager, who is primarily responsible for the Department’s oversight of the Contract, will be identified in a separate writing to the Contractor upon Contract signing in the following format: Department’s Contract Manager Name DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 113 SP approved version 7‐1‐2019 5 Department’s Name Department’s Physical Address Department’s Telephone # Department’s Email Address If the Department changes the Contract Manager, the Department will notify the Contractor. Such a change does not require an amendment to the Contract. 4.4 Contractor’s Contract Manager. The Contractor’s Contract Manager, who is primarily responsible for the Contractor’s oversight of the Contract performance, will be identified in a separate writing to the Department upon Contract signing in the following format: Contractor’s Contract Manager Name Contractor’s Name Contractor’s Physical Address Contractor’s Telephone # Contractor’s Email Address If the Contractor changes its Contract Manager, the Contractor will notify the Department. Such a change does not require an amendment to the Contract. 4.5 Diversity. 4.5.1 Office of Supplier Diversity. The State of Florida supports its diverse business community by creating opportunities for woman-, veteran-, and minority-owned small business enterprises to participate in procurements and contracts. The Department encourages supplier diversity through certification of woman-, veteran-, and minority-owned small business enterprises and provides advocacy, outreach, and networking through regional business events. For additional information, please contact the Office of Supplier Diversity (OSD) at osdinfo@dms.myflorida.com. 4.5.2 Diversity Reporting. Upon request, the Contractor will report to the Department its spend with business enterprises certified by the OSD. These reports must include the time period covered, the name and Federal Employer Identification Number of each business enterprise utilized during the period, commodities and contractual services provided by the business enterprise, and the amount paid to the business enterprise on behalf of each agency purchasing under the Contract. 4.6 RESPECT. Subject to the agency determination provided for in section 413.036, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR THE SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2), FLORIDA STATUTES; DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 114 SP approved version 7‐1‐2019 6 AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED. Additional information about RESPECT and the commodities or contractual services it offers is available at https://www.respectofflorida.org. 4.7 PRIDE. Subject to the agency determination provided for in sections 287.042(1) and 946.515, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S., IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 946.515(2) AND (4), F.S.; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED. Additional information about PRIDE and the commodities or contractual services it offers is available at https://www.pride-enterprises.org. SECTION 5. COMPLIANCE WITH LAWS. 5.1 Conduct of Business. The Contractor must comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and authority. For example, the Contractor must comply with section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act, Health Insurance Portability and Accountability Act, if applicable, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran’s status. The provisions of subparagraphs 287.058(1)(a)-(c), and (g), F.S., are hereby incorporated by reference. 5.2 Dispute Resolution, Governing Law, and Venue. Any dispute concerning performance of the Contract shall be decided by the Department's designated Contract Manager, who will reduce the decision to writing and serve a copy on the Contractor. The decision of the Contract Manager shall be final and conclusive. Exhaustion of this administrative remedy is an absolute condition precedent to the Contractor's ability to pursue legal action related to the Contract or any other form of dispute resolution. The laws of the State of Florida govern the Contract. The Parties submit to the jurisdiction of the courts of the State of Florida exclusively for any legal action related to the Contract. Further, the Contractor hereby waives all privileges and rights relating to venue it may have under Chapter 47, F.S., and all such venue privileges and rights it may have under any other statute, rule, or case law, including, but not limited to, those based on convenience. The Contractor hereby submits to venue in the county chosen by the Department. 5.3 Department of State Registration. DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 115 SP approved version 7‐1‐2019 7 Consistent with Title XXXVI, F.S., the Contractor and any subcontractors that assert status, other than a sole proprietor, must provide the Department with conclusive evidence of a certificate of status, not subject to qualification, if a Florida business entity, or of a certificate of authorization if a foreign business entity. 5.4 Suspended, Convicted, and Discriminatory Vendor Lists. In accordance with sections 287.042, 287.133, and 287.134, F.S., an entity or affiliate who is on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, subcontractors, or consultants have been placed on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor List during the term of the Contract. 5.5 Scrutinized Companies - Termination by the Department. The Department may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. 5.6 Cooperation with Inspector General and Records Retention. Pursuant to section 20.055(5), F.S., the Contractor understands and will comply with its duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but will not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor will retain such records for the longer of five years after the expiration of the Contract, or the period required by the General Records Schedules maintained by the Florida Department of State, at the Department of State’s Records Management website. The Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs will include but will not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor agrees to impose the same obligations to cooperate with the Inspector General and retain records on any subcontractors used to provide goods or services under the Contract. SECTION 6. MISCELLANEOUS. 6.1 Subcontractors. The Contractor will not subcontract any work under the Contract without prior written consent of the Department. The Contractor is fully responsible for satisfactory completion of all its subcontracted work. The Department supports diversity in its procurements and contracts, and requests that the Contractor offer subcontracting opportunities to certified woman-, veteran-, and minority-owned small businesses. The DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 116 SP approved version 7‐1‐2019 8 Contractor may contact the OSD at osdhelp@dms.myflorida.com for information on certified small business enterprises available for subcontracting opportunities. 6.2 Assignment. The Contractor will not sell, assign, or transfer any of its rights, duties, or obligations under the Contract without the prior written consent of the Department. However, the Contractor may waive its right to receive payment and assign same upon notice to the Department. In the event of any assignment, the Contractor remains responsible for performance of the Contract, unless such responsibility is expressly waived by the Department. The Department may assign the Contract with prior written notice to the Contractor. 6.3 Independent Contractor. The Contractor and its employees, agents, representatives, and subcontractors are independent contractors and not employees or agents of the State of Florida and are not entitled to State of Florida benefits. The Department and Customer will not be bound by any acts or conduct of the Contractor or its employees, agents, representatives, or subcontractors. The Contractor agrees to include this provision in all its subcontracts under the Contract. 6.4 Inspection and Acceptance of Commodities. 6.4.1 Risk of Loss. Matters of inspection and acceptance are addressed in section 215.422, F.S. Until acceptance, risk of loss or damage will remain with the Contractor. The Contractor will be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer will: record any evidence of visible damage on all copies of the delivering carrier’s bill of lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier’s bill of lading and damage inspection report. 6.4.2 Rejected Commodities. When a Customer rejects a commodity, Contractor will remove the commodity from the premises within ten (10) calendar days after notification of rejection, and the risk of loss will remain with the Contractor. Commodities not removed by the Contractor within ten (10) calendar days will be deemed abandoned by the Contractor, and the Customer will have the right to dispose of such commodities. Contractor will reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected commodities. 6.5 Safety Standards. Performance of the Contract for all commodities or contractual services must comply with requirements of the Occupational Safety and Health Act and other applicable State of Florida and federal requirements. 6.6 Ombudsman. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this office are found in section 215.422, F.S., which include disseminating information relative to prompt payment and assisting contractors in receiving their payments in a timely manner from a Customer. The Vendor Ombudsman may be contacted at (850) 413-5516. DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 117 SP approved version 7‐1‐2019 9 6.7 Time is of the Essence. Time is of the essence regarding every obligation of the Contractor under the Contract. Each obligation is deemed material, and a breach of any such obligation (including a breach resulting from untimely performance) is a material breach. 6.8 Waiver. The delay or failure by the Department or the Customer to exercise or enforce any rights under the Contract will not constitute waiver of such rights. 6.9 Modification and Severability. The Contract may only be modified by written agreement between the Department and the Contractor. Should a court determine any provision of the Contract is invalid, the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if the Contract did not contain the provision held invalid. 6.10 Cooperative Purchasing. Pursuant to their own governing laws, and subject to the agreement of the Contractor, governmental entities that are not Customers may make purchases under the terms and conditions contained herein, if agreed to by Contractor. Such purchases are independent of the Contract between the Department and the Contractor, and the Department is not a party to these transactions. Agencies seeking to make purchases under this Contract are required to follow the requirements of Rule 60A-1.045(5), F.A.C. SECTION 7. LIABILITY AND INSURANCE. 7.1 Workers’ Compensation Insurance. The Contractor shall maintain workers’ compensation insurance as required under the Florida Workers’ Compensation Law or the workers’ compensation law of another jurisdiction where applicable. The Contractor must require all subcontractors to similarly provide workers’ compensation insurance for all of the latter’s employees. In the event work is being performed by the Contractor under the Contract and any class of employees performing the work is not protected under Workers’ Compensation statutes, the Contractor must provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of employees not otherwise protected. 7.2 General Liability Insurance. The Contractor must secure and maintain Commercial General Liability Insurance, including bodily injury, property damage, products, personal and advertising injury, and completed operations. This insurance must provide coverage for all claims that may arise from performance of the Contract or completed operations, whether by the Contractor or anyone directly or indirectly employed by the Contractor. Such insurance must include the State of Florida as an additional insured for the entire length of the resulting contract. The Contractor is responsible for determining the minimum limits of liability necessary to provide reasonable financial protections to the Contractor and the State of Florida under the resulting contract. 7.3 Florida Authorized Insurers. DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 118 SP approved version 7‐1‐2019 10 All insurance shall be with insurers authorized and eligible to transact the applicable line of insurance business in the State of Florida. The Contractor shall provide Certification(s) of Insurance evidencing that all appropriate coverage is in place and showing the Department to be an additional insured. 7.4 Performance Bond. Unless otherwise prohibited by law, the Department may require the Contractor to furnish, without additional cost to the Department, a performance bond or irrevocable letter of credit or other form of security for the satisfactory performance of work hereunder. The Department shall determine the type and amount of security. 7.5 Indemnification. To the extent permitted by Florida law, the Contractor agrees to indemnify, defend, and hold the Customer and the State of Florida, its officers, employees, and agents harmless from all fines, claims, assessments, suits, judgments, or damages, including consequential, special, indirect, and punitive damages, including court costs and attorney’s fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret, or intellectual property right or out of any acts, actions, breaches, neglect, or omissions of the Contractor, its employees, agents, subcontractors, assignees, or delegates related to the Contract, as well as for any determination arising out of or related to the Contract that the Contractor or Contractor’s employees, agents, subcontractors, assignees, or delegates are not independent contractors in relation to the Customer. The Contract does not constitute a waiver of sovereign immunity or consent by the Customer or the State of Florida or its subdivisions to suit by third parties. Without limiting this indemnification, the Customer may provide the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor’s sole expense, and (3) assistance in defending the action at Contractor’s sole expense. 7.6 Limitation of Liability. Unless otherwise specifically enumerated in the Contract or in the purchase order, neither the Department nor the Customer shall be liable for special, indirect, punitive, or consequential damages, including lost data or records (unless the Contract or purchase order requires the Contractor to back-up data or records), even if the Department or Customer has been advised that such damages are possible. Neither the Department nor the Customer shall be liable for lost profits, lost revenue, or lost institutional operating savings. The Department or Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs, and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL PROPERTY. 8.1 Public Records. 8.1.1 Termination of Contract. DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 119 SP approved version 7‐1‐2019 11 The Department may terminate the Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, F. S., made or received by the Contractor in conjunction with the Contract. 8.1.2 Statutory Notice. Pursuant to section 119.0701(2)(a), F.S., for contracts for services with a contractor acting on behalf of a public agency, as defined in section 119.011(2), F.S., the following applies: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBER, EMAIL ADDRESS, AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER. Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf of a public agency as defined in section 119.011(2), F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service. (b) Upon request from the public agency’s custodian of public records, provide the public agency 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, F.S., or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure 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 public agency. (d) Upon completion of the Contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. 8.2 Protection of Trade Secrets or Otherwise Confidential Information. 8.2.1 Contractor Designation of Trade Secrets or Otherwise Confidential Information. If the Contractor considers any portion of materials to be trade secret under section 688.002 or 812.081, F.S., or otherwise confidential under Florida or federal law, the Contractor must clearly designate that portion of the materials as trade secret or otherwise confidential when submitted to the Department. The Contractor will be DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 120 SP approved version 7‐1‐2019 12 responsible for responding to and resolving all claims for access to Contract-related materials it has designated trade secret or otherwise confidential. 8.2.2 Public Records Requests. If the Department receives a public records request for materials designated by the Contractor as trade secret or otherwise confidential under Florida or federal law, the Contractor will be responsible for taking the appropriate legal action in response to the request. If the Contractor fails to take appropriate and timely action to protect the materials designated as trade secret or otherwise confidential, the Department will provide the materials to the requester. 8.2.3 Indemnification Related to Confidentiality of Materials. The Contractor will protect, defend, indemnify, and hold harmless the Department for claims, costs, fines, and attorney’s fees arising from or relating to its designation of materials as trade secret or otherwise confidential. 8.3 Document Management. The Contractor must retain sufficient documentation to substantiate claims for payment under the Contract and all other records, electronic files, papers, and documents that were made in relation to this Contract. The Contractor must retain all documents related to the Contract for five (5) years after expiration of the Contract or, if longer, the period required by the General Records Schedules maintained by the Florida Department of State available at the Department of State’s Records Management website. 8.4 Intellectual Property. 8.4.1 Ownership. Unless specifically addressed otherwise in the Contract, the State of Florida shall be the owner of all intellectual property rights to all property created or developed in connection with the Contract. 8.4.2 Patentable Inventions or Discoveries. Any inventions or discoveries developed in the course, or as a result, of services in connection with the Contract that are patentable pursuant to 35 U.S.C. § 101 are the sole property of the State of Florida. Contractor must inform the Customer of any inventions or discoveries developed or made through performance of the Contract, and such inventions or discoveries will be referred to the Florida Department of State for a determination on whether patent protection will be sought. The State of Florida will be the sole owner of all patents resulting from any invention or discovery made through performance of the Contract. 8.4.3 Copyrightable Works. Contractor must notify the Department or State of Florida of any publications, artwork, or other copyrightable works developed in connection with the Contract. All copyrights created or developed through performance of the Contract are owned solely by the State of Florida. SECTION 9. DATA SECURITY. DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 121 SP approved version 7‐1‐2019 13 The Contractor will maintain the security of State of Florida data including, but not limited to, maintaining a secure area around any displayed visible data and ensuring data is stored and secured when not in use. The Contractor and subcontractors will not perform any of the services from outside of the United States, and the Contractor will not allow any State of Florida data to be sent by any medium, transmitted, or accessed outside the United States due to Contractor’s action or inaction. In the event of a security breach involving State of Florida data, the Contractor shall give notice to the Customer and the Department within one business day. “Security breach” for purposes of this section will refer to a confirmed event that compromises the confidentiality, integrity, or availability of data. Once a data breach has been contained, the Contractor must provide the Department with a post-incident report documenting all containment, eradication, and recovery measures taken. The Department reserves the right in its sole discretion to enlist a third party to audit Contractor’s findings and produce an independent report, and the Contractor will fully cooperate with the third party. The Contractor will also comply with all HIPAA requirements and any other state and federal rules and regulations regarding security of information. SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS. 10.1 Gratuities. The Contractor will not, in connection with this Contract, directly or indirectly (1) offer, give, or agree to give anything of value to anyone as consideration for any State of Florida officer’s or employee’s decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone anything of value for the benefit of, or at the direction or request of, any State of Florida officer or employee. 10.2 Lobbying. In accordance with sections 11.062 and 216.347, F.S., Contract funds are not to be used for the purpose of lobbying the Legislature, the judicial branch, or the Department. Pursuant to section 287.058(6), F.S., the Contract does not prohibit the Contractor from lobbying the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding the Contract after the Contract is executed and during the Contract term. 10.3 Communications. 10.3.1 Contractor Communication or Disclosure. The Contractor shall not make any public statements, press releases, publicity releases, or other similar communications concerning the Contract or its subject matter or otherwise disclose or permit to be disclosed any of the data or other information obtained or furnished in compliance with the Contract, without first notifying the Customer’s Contract Manager and securing the Customer’s prior written consent. 10.3.2 Use of Customer Statements. The Contractor shall not use any statement attributable to the Customer or its employees for the Contractor’s promotions, press releases, publicity releases, marketing, corporate communications, or other similar communications, without first notifying the Customer’s Contract Manager and securing the Customer’s prior written consent. DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 122 SP approved version 7‐1‐2019 14 SECTION 11. CONTRACT MONITORING. 11.1 Performance Standards. The Contractor agrees to perform all tasks and provide deliverables as set forth in the Contract. The Department and the Customer will be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof. 11.2 Performance Deficiencies and Financial Consequences of Non-Performance. 11.2.1 Proposal of Corrective Action Plan. In addition to the processes set forth in the Contract (e.g., service level agreements), if the Department or Customer determines that there is a performance deficiency that requires correction by the Contractor, then the Department or Customer will notify the Contractor. The correction must be made within a time-frame specified by the Department or Customer. The Contractor must provide the Department or Customer with a corrective action plan describing how the Contractor will address all performance deficiencies identified by the Department or Customer. 11.2.2 Retainage for Unacceptable Corrective Action Plan or Plan Failure. If the corrective action plan is unacceptable to the Department or Customer, or implementation of the plan fails to remedy the performance deficiencies, the Department or Customer will retain ten percent (10%) of the total invoice amount. The retainage will be withheld until the Contractor resolves the performance deficiencies. If the performance deficiencies are resolved, the Contractor may invoice the Department or Customer for the retained amount. If the Contractor fails to resolve the performance deficiencies, the retained amount will be forfeited to compensate the Department or Customer for the performance deficiencies. 11.3 Performance Delay. 11.3.1 Notification. The Contractor will promptly notify the Department or Customer upon becoming aware of any circumstances that may reasonably be expected to jeopardize the timely and successful completion (or delivery) of any commodity or contractual service. The Contractor will use commercially reasonable efforts to avoid or minimize any delays in performance and will inform the Department or the Customer of the steps the Contractor is taking or will take to do so, and the projected actual completion (or delivery) time. If the Contractor believes a delay in performance by the Department or the Customer has caused or will cause the Contractor to be unable to perform its obligations on time, the Contractor will promptly so notify the Department and use commercially reasonable efforts to perform its obligations on time notwithstanding the Department’s delay. 11.3.2 Liquidated Damages. The Contractor acknowledges that delayed performance will damage the DepartmentCustomer, but by their nature such damages are difficult to ascertain. Accordingly, the liquidated damages provisions stated in the Contract documents will apply. Liquidated damages are not intended to be a penalty and are solely intended to compensate for damages. 11.4 Force Majeure, Notice of Delay, and No Damages for Delay. DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 123 SP approved version 7‐1‐2019 15 The Contractor will not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay, and the delay is due directly to fire, explosion, earthquake, windstorm, flood, radioactive or toxic chemical hazard, war, military hostilities, terrorism, civil emergency, embargo, riot, strike, violent civil unrest, or other similar cause wholly beyond the Contractor’s reasonable control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. The foregoing does not excuse delay which could have been avoided if the Contractor implemented any risk mitigation required by the Contract. In case of any delay the Contractor believes is excusable, the Contractor will notify the Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) calendar days after the cause that created or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) calendar days after the date the Contractor first had reason to believe that a delay could result. The foregoing will constitute the Contractor’s sole remedy or excuse with respect to delay. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages will be asserted by the Contractor. The Contractor will not be entitled to an increase in the Contract price or payment of any kind from the Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor will perform at no increased cost, unless the Department determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State of Florida or to Customers, in which case the Department may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers and the Department with respect to commodities or contractual services subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the commodity or contractual services that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. SECTION 12. CONTRACT AUDITS. 12.1 Performance or Compliance Audits. The Department may conduct or have conducted performance and/or compliance audits of the Contractor and subcontractors as determined by the Department. The Department may conduct an audit and review all the Contractor’s and subcontractors’ data and records that directly relate to the Contract. To the extent necessary to verify the Contractor’s fees and claims for payment under the Contract, the Contractor’s agreements or contracts with subcontractors, partners, or agents of the Contractor, pertaining to the Contract, may be inspected by the Department upon fifteen (15) calendar days’ notice, during normal working hours and in accordance with the Contractor’s facility access procedures where facility access is required. Release statements from its subcontractors, partners, or agents are not required for the Department or its designee to conduct compliance and performance audits on any of the Contractor’s contracts relating to this Contract. The Inspector General, in accordance with section 5.6, the State of Florida’s Chief Financial Officer, the Office of the Auditor General also have authority to perform audits and inspections. DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 124 SP approved version 7‐1‐2019 16 12.2 Payment Audit. Records of costs incurred under terms of the Contract will be maintained in accordance with section 8.3 of these Special Contract Conditions. Records of costs incurred will include the Contractor’s general accounting records, together with supporting documents and records of the Contractor and all subcontractors performing work, and all other records of the Contractor and subcontractors considered necessary by the Department, the State of Florida’s Chief Financial Officer, or the Office of the Auditor General. SECTION 13. BACKGROUND SCREENING AND SECURITY. 13.1 Background Check. The Department or Customer may require the Contractor to conduct background checks of its employees, agents, representatives, and subcontractors as directed by the Department or Customer. The cost of the background checks will be borne by the Contractor. The Department or Customer may require the Contractor to exclude the Contractor’s employees, agents, representatives, or subcontractors based on the background check results. In addition, the Contractor must ensure that all persons have a responsibility to self-report to the Contractor within three (3) calendar days any arrest for any disqualifying offense. The Contractor must notify the Contract Manager within twenty-four (24) hours of all details concerning any reported arrest. Upon the request of the Department or Customer, the Contractor will re-screen any of its employees, agents, representatives, and subcontractors during the term of the Contract. 13.2 E-Verify. The Contractor must use the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired during the term of the Contract for the services specified in the Contract. The Contractor must also include a requirement in subcontracts that the subcontractor must utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. In order to implement this provision, the Contractor must provide a copy of its DHS Memorandum of Understanding (MOU) to the Contract Manager within five (5) calendar days of Contract execution. If the Contractor is not enrolled in DHS E- Verify System, it will do so within five (5) calendar days of notice of Contract award and provide the Contract Manager a copy of its MOU within five (5) calendar days of Contract execution. The link to E-Verify is https://www.uscis.gov/e-verify. Upon each Contractor or subcontractor new hire, the Contractor must provide a statement within five (5) calendar days to the Contract Manager identifying the new hire with its E-Verify case number. 13.3 Disqualifying Offenses. If at any time it is determined that a person has been found guilty of a misdemeanor or felony offense as a result of a trial or has entered a plea of guilty or nolo contendere, regardless of whether adjudication was withheld, within the last six (6) years from the date of the court’s determination for the crimes listed below, or their equivalent in any jurisdiction, the Contractor is required to immediately remove that person from any position with access to State of Florida data or directly performing services under the Contract. The disqualifying offenses are as follows: (a) Computer related crimes; (b) Information technology crimes; DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 125 SP approved version 7‐1‐2019 17 (c) Fraudulent practices; (d) False pretenses; (e) Frauds; (f) Credit card crimes; (g) Forgery; (h) Counterfeiting; (i) Violations involving checks or drafts; (j) Misuse of medical or personnel records; and (k) Felony theft. 13.4 Confidentiality. The Contractor must maintain confidentiality of all confidential data, files, and records related to the commodities or contractual services provided pursuant to the Contract and must comply with all state and federal laws, including, but not limited to sections 381.004, 384.29, 392.65, and 456.057, F.S. The Contractor’s confidentiality procedures must be consistent with the most recent version of the Department security policies, protocols, and procedures. The Contractor must also comply with any applicable professional standards with respect to confidentiality of information. SECTION 14. WARRANTY OF CONTRACTOR’S ABILITY TO PERFORM. The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor’s ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the Suspended Vendor List, Convicted Vendor List, or the Discriminatory Vendor List, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Department in writing if its ability to perform is compromised in any manner during the term of the Contract. DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 126 NASPO VALUEPOINT MASTER AGREEMENT NO. 06913 - AMENDMENT NO. 3 Page 1 (4-24-2017) State of Washington Contracts & Procurement Division Department of Enterprise Services P.O. Box 41411 Olympia, WA 98504-1411 Motorola Solutions, Inc. 24000 35th Ave SE Bothell, WA 98021-0000 THIRD AMENDMENT TO NASPO VALUEPOINT MASTER AGREEMENT NO. 06913 PUBLIC SAFETY COMMUNICATIONS EQUIPMENT This Third Amendment (“Amendment”) to NASPO ValuePoint Master Agreement No. 06913 is made and entered into by and between the State of Washington acting by and through the Department of Enterprise Services, a Washington State governmental agency (“State”) and Motorola Solutions, Inc., a Delaware corporation (Contractor”) and is dated and effective as of July 1, 2021. RECITALS A. State and Contractor (collectively the “Parties”) entered into that certain NASPO Value Master Agreement No. 06913 for Public Safety Communications Equipment dated effective as of October 30, 2015 (“Master Agreement”). B. The Parties previously amended the Master Agreement 06913. a. Amendment One, dated effective July 1, 2016 extended the Master Agreement through June 30, 2018. b. Amendment Two, dated effective July 1, 2018 extended the Master Agreement through June 30, 2021. C. The amendment set forth herein is within the scope of the Master Agreement. D. The Parties now desire to amend the Master Agreement as set forth herein. AGREEMENT NOW THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the Parties hereby agree to amend the Master Agreement, as previously amended, as follows: 1. MASTER AGREEMENT EXTENSION. The Parties mutually agree to extend NASPO ValuePoint Master Agreement No. 06913 through December 31, 2021. 2. NO CHANGE OTHER THAN AMENDMENT. Except as amended herein, the Master Agreement is unaffected and remains in full force and effect. 3. INTEGRATED AGREEMENT; MODIFICATION. This Amendment constitutes the entire agreement and understanding of the Parties with respect to the subject matter and supersedes all prior negotiations and representations. In the event of any conflict between this Amendment and the 127 NASPO VALUEPOINT MASTER AGREEMENT NO. 06913 - AMENDMENT NO. 3 Page 2 (4-24-2017) Master Agreement or any earlier amendment, this Amendment shall control and govern. This Amendment may not be modified except in writing signed by the Parties. 4. AUTHORITY. Each party to this Amendment, and each individual signing on behalf of each party, hereby represents and warrants to the other that it has full power and authority to enter into this Amendment and that its execution, delivery, and performance of this Amendment has been fully authorized and approved, and that no further approvals or consents are required to bind such party. 5. ELECTRONIC SIGNATURES. A signed copy of this Amendment or any other ancillary agreement transmitted by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment or such other ancillary agreement for all purposes. 6. COUNTERPARTS. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original, and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this Amendment at different times and places by the parties shall not affect the validity thereof so long as all the parties hereto execute a counterpart of this Amendment. EXECUTED AND EFFECTIVE as of the day and date first above written. MOTOROLA SOLUTIONS, INC. A DELAWARE CORPORATION By: _____________________________ Name: Neil Thomas Title: Regional Vice President - West Date: _____________________________ STATE OF WASHINGTON DEPARTMENT OF ENTERPRISE SERVICES By: _____________________________ Name: Kim Kirkland Title: IT Procurement Supervisor Date: _____________________________ 5/21/21 5/21/2021 128 06913 Motorola-AMD3-Final extension thru 12.31.21_Signed_NT Final Audit Report 2021-05-21 Created:2021-05-21 By:Neva Peckham (neva.peckham@des.wa.gov) Status:Signed Transaction ID:CBJCHBCAABAAnV1smafM0kgcb4RlCjaObNDSEAUoFbSH "06913 Motorola-AMD3-Final extension thru 12.31.21_Signed_N T" History Document created by Neva Peckham (neva.peckham@des.wa.gov) 2021-05-21 - 4:46:32 PM GMT- IP address: 198.238.242.30 Document emailed to Kim Kirkland (kim.kirkland@des.wa.gov) for signature 2021-05-21 - 4:46:54 PM GMT Email viewed by Kim Kirkland (kim.kirkland@des.wa.gov) 2021-05-21 - 4:55:18 PM GMT- IP address: 104.47.65.254 Document e-signed by Kim Kirkland (kim.kirkland@des.wa.gov) Signature Date: 2021-05-21 - 4:56:26 PM GMT - Time Source: server- IP address: 198.238.242.30 Agreement completed. 2021-05-21 - 4:56:26 PM GMT 129 City asset serial numbers 302032 721CKH2416 301896 721CLX0191 301746 721CHZ0296 301609 721CFZ1461 301701 721CHF5326 301800 721CKB1574 301832 721CKT0614 301809 721CKB1583 301810 721CKB1584 302044 721CGD1888 301608 721CFZ1457 301457 721CDY2435 301802 721CKB1576 301806 721CKB1580 302031 721CFV1789 301805 721CKB1579 301747 721CHZ2747 301754 721CHZ1570 301668 721CGX1741 301752 721CHZ1568 301756 721CHZ1572 301467 721CDY2434 301803 721CKB1577 301697 721CHF4037 301699 721CHF5365 302033 721CLT0359 301755 721CHZ1571 301458 721CDY2436 301700 721CHF5366 301811 721CKB1585 301813 721CKB1587 302044 721CGD1888 301814 721CKB1588 301611 721CFZ1462 302030 721CLT0358 301695 721CHF4035 301610 721CFZ1459 301698 721CHF4038 301804 721CKB1578 301748 721CHZ2748 301702 721CHF5368 301606 721CFZ1460 301750 721CHX3302 301749 721CHX3300 Radio trade in 130 Bob BuschMotorola, Inc. (615) 477-8245 - Cell1064 Greenwood Blvd #400bbusch@emciwireless.comLake Mary, FL 32746 FEID - 36111580028-Jul-21 Winter Springs PD - Melissa YostNew QuoteDISCOUNTED EXTENDEDITEM MODEL # DESCRIPTION PRICE QTY PRICEAPX6000 Portable Radio 1 H98UCF9PW6BN APX6000 7/800 MHZ MODEL 3.5 PORTABLE$2,385.64 44 $104,968.161a Q361 ADD: P25 9600 BAUD TRUNKING $219.00 44 $9,636.001b H38 ADD: SMARTZONE OPERATION $876.00 44 $38,544.001c Q806 ADD: ASTRO CAI OPERATION $375.95 44 $16,541.801d Q58 ADD: 3Y ESSENTIAL SERVICE $121.00 44 $5,324.001e QA01648 ADVANCED SYSTEM KEY$3.65 44 $160.601g QA04526 ADD: RFID KNOB$18.25 44 $803.001h G996 ADD: PROGRAMMING OVER P25 (OTAP) $73.00 44 $3,212.001i QA05570 ALT: LI-ION IMPRES 2 IP68 3400 MAH $73.00 44 $3,212.001j HLN6875 UNIVERSAL HOLSTER WITH BELT CLIP $9.49 44 $417.562 T7914A RADIO MANAGEMEMT LICENSE $73.00 44 $3,212.003 NNTN8860 CHARGER, SINGLE-UNIT, IMPRES 2 $120.45 44 $5,299.804 PMMN4060 24" Public Safety Speaker Mic $119.7244$5,267.685 PMAF4012 Public Safety Speaker Mic Antenna $10.3044$453.206 PMNN4486 BATT IMPRES 2 LIION R IP67 3400T - Spare Battery $118.99 44 $5,235.56Promo -- XTS radio Trade In Credit($150.00)44($6,600.00)Q3 Volume discount - 50 units or more purchase by Sept. '21($273.00)44($12,012.00)Subtotal = $183,675.36Note: 1. Above pricing is from State of Florida Contract No. - 43190000-18-NASPO-ACS-12. Above pricing assumes programming and installation done by CustomerPLEASE ENSURE ALL PURCHASE ORDERS REFLECT THE FOLLOWING INFORMATION:PAYMENT TERMS: NET 30VENDOR NAME: MOTOROLA SOLUTIONS, INC.YOUR BILL TO AND SHIP TO ADDRESSYOUR PREFERRED EMAIL ADDRESS FOR ELECTRONIC INVOICING131 CONSENT AGENDA ITEM 304 CITY COMMISSION AGENDA | AUGUST 9, 2021 REGULAR MEETING TITLE Shooting Range for Police Department SUMMARY Permission is being requested to construct a Shooting Range at the Public Works facility in Winter springs. The construction will be accomplished in- house. The estimated cost for the project is $87,000 with a 10% contingency bringing the total requested amount to $97,500. RECOMMENDATION There is a need at the Police Department to provide fire arms training to the City's Officers. Currently time and funding is utilized at other sites. Having a facility located in Winter Springs would save time and money. The recommended site would be in the rear of the Public Works Compound. The Shooting range would be constructed by staff with the input from PD. It is estimated the cost to construct in- house would be $87,000. A 10% contingency is requested for project cost increases due to price increases and unknowns, bringing the total requested amount to $95,700. Additionally, authorization for the City Manger and City Attorney is requested to prepare and execute any and all applicable contract documents consistent with this Agenda Item. 132 CONSENT AGENDA ITEM 305 CITY COMMISSION AGENDA | AUGUST 9, 2021 REGULAR MEETING TITLE Resolution 2021-20 Recognizing Outstanding Community Service of Winter Springs VFW Post 5405 and authorize the City Clerk to send a copy of the resolution to VFW Post 5405. SUMMARY During the July 12, 2021 City Commission Meeting, the City Commission agreed to draft a resolution thanking the local VFW Post 5405 for their outstanding service to the community. The Commission directed the City Clerk to draft the resolution and bring it forward for approval at the next scheduled Commission Meeting. If approved, the City Clerk will send a copy of the resolution to VFW Post 5405. RECOMMENDATION Staff recommends the Commission approve Resolution 2021-20 133 A RESOLUTION OF THE CITY OF WINTER SPRINGS, FLORIDA EXPRESSING APPRECIATION TO THE WINTER SPRINGS VFW POST 5405 FOR OUTSTANDING COMMUNITY SERVICE. Whereas, the Winter Springs VFW Post 5405 supports our community through scholarships, food bank donations, and the generous donation of their time; and Whereas, the Winter Springs VFW Post 5405 is always willing to participate in community events; and Whereas, the work and effort of the Winter Springs VFW Post 5405 is greatly appreciated by all residents of Winter Springs; and Whereas, the Mayor and Commission of the City of Winter Springs, Florida wish to express their appreciation and acknowledgement on behalf of the residents of Winter Springs. Now Therefore, Be it Resolved by the City Commission of the City of Winter Springs, Florida as follows: Section I – That a copy of this Resolution of Appreciation for outstanding community service be forwarded to the Winter Springs VFW Post 5405 with our heartfelt thanks for a job well done. Section II – That this Resolution of Appreciation be recorded upon the public records and minutes of the City Commission of the City of Winter Springs, Florida. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA IN A REGULAR MEETING ASSEMBLED ON AUGUST 9, 2021 In witness whereof I have hereunto by my hand and caused this seal to be affixed. ____________________________ Kevin McCann, Mayor ATTEST: ____________________________ City Clerk 134 CONSENT AGENDA ITEM 306 CITY COMMISSION AGENDA | AUGUST 9, 2021 REGULAR MEETING TITLE Resolution 2021-22 Adoption of Seminole County Floodplain Management Plan SUMMARY The City of Winter Springs was accepted for participation in the National Flood Insurance Program (NFIP) on September 16, 1981. The City also participates in the Community Rating System, which awards credits to the City based on the adoption of higher standards for development in special flood hazard areas than those minimum standards required by federal law and allows City residents to benefit from discounted flood insurance premiums as a result of such participation. The adoption of a floodplain management plan allows the City to maintain its Community Rating System participation status, resulting in discounted flood insurance premiums for City residents. RECOMMENDATION Staff recommends that the City Commission approve the resolution as presented in the agenda. 135 City of Winter Springs Resolution No. 2021-22 Page 1 of 4 RESOLUTION NO. 2021-22 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA; ADOPTING THE FLOODPLAIN MANAGEMENT PLAN FOR SEMINOLE COUNTY AND ITS MUNICIPALITIES; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, floodplain management is the operation of a community program of corrective and preventative measures for reducing flood damage; and WHEREAS, the City of Winter Springs was accepted for participation in the National Flood Insurance Program (NFIP) on September 16, 1981; and WHEREAS, the City also participates in the Community Rating System, which awards credits to the City based on the adoption of higher standards for development in special flood hazard areas than those minimum standards required by federal law and allows City residents to benefit from discounted flood insurance premiums as a result of such participation; and WHEREAS, the adoption of a floodplain management plan allows the City to maintain its Community Rating System participation status, resulting in discounted flood insurance premiums for City residents; and WHEREAS, further, the adoption of a floodplain management plan allows the City to become eligible to apply for both pre- and post-disaster mitigation funds as detailed in 44 C.F.R., Part 201; and WHEREAS, the Floodplain Management Plan for Seminole County and its Municipalities (the “Plan”) was developed under the guidance of the Floodplain Management Planning Committee, which included staff representatives of Winter Springs; and WHEREAS, the City Commission adopts a substantial revision of Chapter 8, Flood Damage Prevention, of the City Code via Ordinance 2021-05 simultaneously with the adoption of this Resolution and determines that the Plan is consistent with Ordinance 2021-05; and WHEREAS, while certain aspects of the Plan focus on standards applicable to unincorporated Seminole County and not to the City, the Plan also contains a Hazard Assessment, 136 City of Winter Springs Resolution No. 2021-22 Page 2 of 4 Mitigation Measures, and floodplain management Goals specific to the City of Winter Springs; and WHEREAS, the City of Winter Springs has already adopted higher standards than some of the floodplain management standards referenced in the Plan, including adoption of a freeboard standard of 18 inches above base flood elevation and compensatory storage requirements; and WHEREAS, the City Commission fully supports Seminole County’s floodplain mitigation efforts as described in the Plan, such as the creation of the Natural Lands Program to preserve natural areas and wetlands in Seminole County, which will benefit and reduce flood risks for all residents of the County; and WHEREAS, the City Commission of the City of Winter Springs finds that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY RESOLVES, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated by this reference. Section 2. Adoption of the Floodplain Management Plan for Seminole County and its Municipalities. The City Commission of the City of Winter Springs hereby adopts the Floodplain Management Plan for Seminole County and its Municipalities, attached hereto as “Exhibit A.” Section 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Commission, or parts of prior resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. Section 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs. ADOPTED by the City Commission of the City of Winter Springs, Florida, this _____ day of ________________, 2021. 137 City of Winter Springs Resolution No. 2021-22 Page 3 of 4 ________________________________ Kevin McCann, Mayor ATTEST (City Seal): ________________________________ Christian Gowan, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: _______________________________________ ANTHONY A. GARGANESE, City Attorney 138 City of Winter Springs Resolution No. 2021-22 Page 4 of 4 EXHIBIT A 139 Floodplain Management Plan _________________________________ for Seminole County And its Municipalities 2020-2025 140 1 Introduction 2 Table of Contents 1 Introduction .................................................................................................................................................... 5 1.1 Planning Approach ................................................................................................................................ 6 1.2 Topography and Land Use ..................................................................................................................... 8 1.3 Development, Redevelopment and Population Trends .......................................................................... 10 1.4 The Community Rating System............................................................................................................ 12 1.5 References ........................................................................................................................................... 14 2 Planning Process ........................................................................................................................................... 15 2.1 Planning Approach .............................................................................................................................. 15 3 Flood Risk Assessment ................................................................................................................................. 20 3.1 Precipitation in Seminole County ......................................................................................................... 20 3.2 Seminole County Water Resources and Watersheds ............................................................................. 22 3.3 Flood Risks ......................................................................................................................................... 23 3.4 Historical Flooding .............................................................................................................................. 26 3.5 Locally Identified Flood Areas ............................................................................................................. 28 3.6 The National Flood Insurance Program ................................................................................................ 28 3.7 Future Flood Risk ................................................................................................................................ 29 3.8 Flood Impacts ...................................................................................................................................... 30 3.9 Flood Warning Systems ....................................................................................................................... 42 3.10 Natural and Beneficial Areas................................................................................................................ 43 3.11 References ........................................................................................................................................... 44 4 Goals and Objectives .................................................................................................................................... 45 4.1 Background ......................................................................................................................................... 45 4.2 Goals ................................................................................................................................................... 46 5 Preventive Measures ..................................................................................................................................... 48 5.1 Building Codes .................................................................................................................................... 48 5.2 Planning and Zoning ............................................................................................................................ 50 5.3 Open Space Preservation...................................................................................................................... 52 5.4 Subdivision Regulations ...................................................................................................................... 54 5.5 Floodplain Regulations ........................................................................................................................ 54 5.6 Stormwater Management ..................................................................................................................... 57 5.7 Conclusions ......................................................................................................................................... 59 5.8 Recommendations ............................................................................................................................... 59 5.9 References ........................................................................................................................................... 60 6 Property Protection Measures ........................................................................................................................ 61 6.1 Keeping the Hazard Away ................................................................................................................... 61 6.2 Retrofitting .......................................................................................................................................... 64 6.3 Insurance ............................................................................................................................................. 65 6.4 The Government’s Role ....................................................................................................................... 68 6.5 Repetitive Loss Properties and Analysis ............................................................................................... 70 6.6 Conclusions ......................................................................................................................................... 71 6.7 Recommendations ............................................................................................................................... 71 6.8 References ........................................................................................................................................... 72 7 Natural Resource Protection .......................................................................................................................... 73 7.1 Wetland Protection .............................................................................................................................. 73 7.2 Erosion and Sedimentation Control ...................................................................................................... 75 7.3 Lake and Stream Restoration................................................................................................................ 76 7.4 Stormwater Best Management Practices ............................................................................................... 78 7.5 Pollution Regulations ........................................................................................................................... 80 7.6 Farmland Protection ............................................................................................................................. 81 7.7 Conclusions ......................................................................................................................................... 82 7.8 Recommendations ............................................................................................................................... 83 7.9 References ........................................................................................................................................... 83 8 Emergency Services Measures ...................................................................................................................... 84 8.2 Warning .............................................................................................................................................. 86 141 1 Introduction 3 8.3 Response ............................................................................................................................................. 88 8.4 Evacuation and Shelter......................................................................................................................... 90 8.5 Post-Disaster Recovery and Mitigation ................................................................................................. 91 8.6 Conclusions ......................................................................................................................................... 93 8.7 Recommendations ............................................................................................................................... 93 8.8 References ........................................................................................................................................... 93 9 Structural Project Measures ........................................................................................................................... 95 9.1 Flood Control Measures ....................................................................................................................... 95 9.2 Conclusions ......................................................................................................................................... 99 9.3 Recommendations ............................................................................................................................. 100 9.4 References ......................................................................................................................................... 100 10 Public Information Measures.................................................................................................................. 101 10.1 Outreach Projects ............................................................................................................................... 101 10.2 Real Estate Disclosure ....................................................................................................................... 102 10.3 Libraries and Websites ....................................................................................................................... 103 10.4 Technical Assistance.......................................................................................................................... 104 10.5 Program for Public Information.......................................................................................................... 105 10.6 Conclusions ....................................................................................................................................... 106 10.7 Recommendations ............................................................................................................................. 107 10.8 References ......................................................................................................................................... 107 11 Revisions and Maintenance .................................................................................................................... 108 Table of Tables Table 1: Acres of Land by Land Use Category ............................................................................................... 11 Table 2: Community Rating System Premium Reductions............................................................................. 12 Table 3: Seminole County Policy Savings for CRS Participation................................................................... 13 Table 4: FMPC – Floodplain Management Planning Committee ................................................................... 15 Table 5: Number of Permits for New Construction per Year in Seminole County ........................................ 25 Table 6: Historical occurrences of floods in the County.................................................................................. 28 Table 7: Flood Recurrence Intervals ................................................................................................................ 29 Table 8: Appraised Value of Buildings in Unincorporated Seminole County by Flood Zone ....................... 33 Table 9: Seminole County Major Employers ................................................................................................... 34 Table 10: Seminole County Taxable Value ..................................................................................................... 34 Table 11: Flood Insurance Policies in Seminole County ................................................................................ 67 Table 12: Flood Insurance Policies by Occupancy in Seminole County ....................................................... 67 Table 13: Flood Insurance Policies by Flood Zone ......................................................................................... 67 Table 14: Number and Value of Losses by Flood Zone ................................................................................. 67 Table 15: Flood Insurance for Repetitive Loss Properties.............................................................................. 71 Table of Figures Figure 1: Seminole County Location Map .......................................................................................................... 8 Figure 3: Mitigation Planning Process.............................................................................................................. 16 Figure 5: Rainfall Distribution across Florida ................................................................................................... 21 Figure 6: Watersheds within Seminole County ............................................................................................... 22 Figure 7: Historical Storm Tracks near Seminole County (1852 to 2019) ..................................................... 24 Figure 8: Location of Permits for New Construction from January 1, 2015- June 30, 2020 ........................ 25 Figure 9: Dams in Florida, based on the 2018 National Inventory of Dams.................................................. 26 Figure 10: FEMA Flood Zones in Seminole County ........................................................................................ 30 Figure 11: Evacuation Routes for Seminole County ....................................................................................... 32 Figure 12: Seminole County Repetitive Loss Property Areas ........................................................................ 36 Figure 21: Wilderness Area Open to the Public in Seminole County ............................................................ 44 Figure 22: Elevated Home ................................................................................................................................ 48 Figure 23: Planned Unit Developments ........................................................................................................... 50 142 1 Introduction 4 Figure 24: Preserved Lands in Seminole County ............................................................................................ 53 Figure 25: BFE Examples ................................................................................................................................. 56 Figure 26: Effect of Development on Stormwater ........................................................................................... 57 Figure 27: Flood Protection Barrier .................................................................................................................. 61 Figure 28: Dry Floodproofing ............................................................................................................................ 64 Figure 29: Example Flood Insurance Premiums ............................................................................................. 65 Figure 30: Straw Bales ...................................................................................................................................... 75 Figure 31: Aquatic and Ripairian Buffer Plant Zones ...................................................................................... 77 Figure 32: BMPs and Stormwater .................................................................................................................... 80 Figure 33: Seminole County Evacuation Routes ............................................................................................ 91 Figure 34: Flood Safety Brochure Distributed to Residents during Outreach Events ................................ 102 Figure 34: Flood Safety Brochure Distributed to Residents during Outreach Events ................................ 102 Municipal Annexes Altamonte Springs…………………………………………………………………………………….……………A Casselberry…………………………………………………………………………………………………………B Lake Mary…………………………………………………………………………………………………………..C Oviedo………………….…………………………………………………………………………….……………..D Sanford……………………………………………………………………………………………..……………….E Winter Springs…………………………………………………………………………………………………...…F Action Plan 2020-2025………………………………………………….…………………………………………..G 143 1 Introduction 5 1 Introduction The Problem: Seminole County, Florida, is subject to natural hazards that threaten life and health and that have caused extensive property damage. Floods inundated the County following Hurricane Irma in 2017, Tropical Storm Fay in 2008, following Hurricane Frances in 2004, and Tropical Storm Gabrielle in 2001. Extensive flooding occurred in 1960 after Hurricane Donna brought heavy rainfall. During the summer of 1953, rainfall over the St. Johns River basin was above normal, and when a tropical storm passed nearby, bringing additional heavy rainfall, Lake Monroe flooded lakefront areas. To better understand these hazards and their impacts on people and property, and to identify ways to reduce those impacts, the County’s Office of Emergency Management undertook this Floodplain Management Plan as an appendix to the County’s Local Mitigation Strategy (LMS). “Hazard mitigation” does not mean that all hazards are stopped or prevented. It does not suggest complete elimination of the damage or the disruption caused by such incidents. Natural forces are powerful and most natural hazards are well beyond our ability to control. Mitigation does not mean quick fixes. It is a long-term approach to reducing hazard vulnerability. As defined by the Federal Emergency Management Agency (FEMA), “hazard mitigation” means any sustained action taken to reduce or eliminate the long-term risk to life and property from a hazard event. Why Plan: Every community faces different hazards and every community has different resources to draw upon in combating problems and different interests that influence the solutions to those problems. Because there are many ways to deal with flood hazards and many agencies that can help, there is no one solution for managing or mitigating their effects. Planning is one of the best ways to develop a customized program that will mitigate the impacts of hazards while taking into account the unique character of a community. The plan provides a framework for all interested parties to work together and reach consensus on how to move forward. A well- prepared flood mitigation plan will ensure that all possible activities are reviewed and implemented so that the problem is addressed by the most appropriate and efficient solutions. It can also ensure that activities are coordinated with each other and with other goals and activities, preventing conflicts and reducing the costs of implementing each individual activity. This Floodplain Management Plan was developed under the guidance of a Floodplain Management Planning Committee (FMPC). The Committee’s representatives included representatives of Seminole County departments, interested municipalities, federal and state agencies, citizens, and other stakeholders. All municipalities in the County were also invited to attend and participate in the planning process. Mitigation activities require funding. A mitigation plan is now a requirement for Federal mitigation funds. Section 104 of the Disaster Mitigation Act of 2000 (42 U.S.C. 5164) states that as of November 1, 2003, local governments applying for pre-disaster mitigation funds must have an approved local mitigation plan. Similarly, as of November 1, 2004, a plan is also needed for 144 1 Introduction 6 post-disaster mitigation funds under the Hazard Mitigation Grant Program. These requirements are detailed in 44 Code of Federal Regulations Part 201. Thus a mitigation plan will both guide the best use of mitigation funding and meet the prerequisite for obtaining such funds from FEMA. FEMA also recognizes plans through its Community Rating System (CRS), a program that reduces flood insurance premiums in participating communities. This Plan: This Floodplain Management Plan identifies activities that can be undertaken by both the public and the private sectors to reduce safety hazards, health hazards, and property damage caused by floods. The Plan fulfills the federal mitigation planning requirements, qualifies for CRS credit, and provides the County with a blueprint for reducing the impacts of these flood hazards on people, property, and the environment. 1.1 Planning Approach This Floodplain Management Plan is the product of a rational thought process that reviews alternatives and selects and designs those that will work best for the situation. This process is an attempt to avoid the need to make quick decisions based on inadequate information. It provides carefully considered directions to the County government by studying the overall damage potential and ensuring that public funds are well spent. 1.1.1 Planning Committee This Floodplain Management Plan was developed under the guidance of the FMPC with oversight from the Office of Emergency Management. The Committee includes representatives from the County and other local, state and federal agencies that serve Seminole County and private citizens and other stakeholders. The member organizations and participants who were members of this FMPC are shown in Table 4 in section 2.1.1 of this plan. The FMPC met and developed the plan starting in March 2020, and then from July 2020 to October 2020. Meetings were paused from March to July due to response to the COVID-19 virus, and resumed in July with a virtual format. Sign-in sheets from these meetings are kept for records by the Office of Emergency Management. The plan development included identifying the unique flood risks that affect the County, assessing these flood risks, identifying mitigation actions for these risks, and involving the public in the development of the plan. Technical support for the development and implementation of the Floodplain Management Plan is provided by the Seminole County Office of Emergency Management and Development Services. 1.1.2 Planning Process The Floodplain Management Planning Committee followed the CRS 10-Step Planning Process, based on the guidance and requirements of FEMA and the 2017 CRS Coordinator’s Manual. The process is explained in further detail in Chapter 2 – Planning Process. 145 1 Introduction 7 1.1.3 Public Involvement Step 2 of the planning process was to obtain input from the public, particularly residents and businesses that have been affected by natural hazards. The public was invited to participate in the process through the following ways: Attending and participating in meetings of the FMPC. Five meetings were held in total. Contact with committee members. A public meeting at the end of the planning process to gain comments on the draft plan. 1.1.4 Coordination Existing plans and programs were reviewed during the planning process. During the planning process, contacts were made with a variety of regional, state and federal agencies and organizations. Many of these agencies were members of the FMPC and provided review of and support for this planning effort. Seminole County also coordinated with representatives from the municipalities in the County, who were invited to participate and attend the FMPC meetings. Citizens representing various areas of the County were members of the FMPC and provided valuable support. At the end of the planning process, these same agencies and organizations reviewed the draft plan and provided feedback. 1.1.5 Hazard Assessment and Problem Evaluation The Committee addressed Steps 4 and 5 of the planning process (Assess the Hazard and Evaluate the Problem) during meetings of the Committee. The Committee’s assessment and evaluation of the flood hazard are covered in Chapter 3 of this plan. The FMPC evaluated flooding data, including localized drainage, repetitive loss, hurricanes and tropical storms. 1.1.6 Goals The Committee conducted goal setting exercises at one of its meetings. During the meeting, the previous plan’s goals were reviewed and then the Committee agreed upon a final list of goals and objectives. These goals and objectives are discussed in Chapter 4 of this plan. 1.1.7 Mitigation Strategies The FMPC considered everything that could impact the flood hazards and reviewed a wide range of possible alternatives. They are organized under six general strategies for reaching the goals. These strategies are the subject of Chapters 5 – 10 of this plan. Preventive Measures: zoning, building codes and other development regulations Property Protection Measures: relocation out of harm’s way, retrofitting buildings, etc. Natural and Beneficial Functions: preserving natural areas to protect species and habitats or developing in ways that are more protective of species and habitats Emergency Services: warning, response, evacuation Structural Projects: levees, reservoirs, channel improvements Public Information: outreach projects, technical assistance to property owners, and other 146 1 Introduction 8 measures. 1.1.8 Action Plan After reviewing the various alternatives, the Committee drafted an action plan to identify recommended projects, parties responsible for each of the projects, and a schedule for project completion. The action plan is included as an appendix to this plan. It should be noted that this Plan only serves to recommend mitigation measures. Implementation of these recommendations depends on the adoption of this Plan by the Seminole County Board of County Commissioners. 1.2 Topography and Land Use Seminole County is located in the central part of Florida and is part of the Orlando-Kissimmee- Sanford Metropolitan Statistical Area. The City of Sanford is the county seat. Seminole County covers 345 square miles, 37 square miles of which is water. The floodplains of Seminole County consist of lowlands adjacent to streams and lakes. The topography of the County is relatively flat, with some gently rolling hills. Ground elevations in Seminole County range from less than five (5) feet North American Vertical Datum of 1988 (NAVD) to 130 feet NAVD. The City of Sanford, the county seat, is located on the southern shore of Lake Monroe in the northern part of the County. In the southwestern part of the County are the Cities of Longwood, Winter Springs, Casselberry and Altamonte Springs. The City of Oviedo is in the south central portion of the County. The City of Lake Mary borders Sanford, in the western part of the County. Seminole County’s climate is characterized by long, warm summers and mild, dry winters. The average annual rainfall is about 53 inches. The majority of the rain falls from June through September and is associated with tropical storms or depressions which means that precipitation for any given month can vary greatly from year to year. Seminole County is bordered on the north and east by the St. Johns River and on the west primarily by the Wekiva River. The St. Johns River is brackish. There are many lakes in Seminole County, and more than 120 of these are larger than five acres. Most occur in karst areas on the sand ridges. In addition to Lake Monroe which straddles the northern Figure 1: Seminole County Location Map 147 1 Introduction 9 border of the County, Lake Jesup bisects much of the northern half of the County and Lake Harney sits along the County’s eastern border. Seminole County’s physiography consists of alternating ridges and valleys with abundant lakes. According to the USDA’s Soil Survey of Seminole County, Florida, “The Osceola Plain is a broad, flat area of low, local relief and is generally between 60 and 70 feet in elevation. Most of the western part of the county is made up of this plain. The Orlando Ridge is an area of higher elevation that is generally parallel to the other surrounding ridges outside of Seminole County, such as the Mount Dora Ridge to the west. It is possible that the Orlando Ridge once was part of a relic, ‘Cape Orlando,’ which resulted from progressive progradation that formed Cape Canaveral and False Cape in Brevard County from marine processes. The northern tip of the Orlando Ridge extends a few miles into Seminole County in the area of Altamonte Springs. The Eastern Valley is generally 20 to 25 feet in elevation and is characterized by a broad, flat area through which the St. Johns River flows. Most of the eastern part of Seminole County is composed of this valley. The Wekiva Plain is a flat area in western Seminole County dominated by the Wekiva River. In eastern Seminole County, the Geneva Hill is a high area in the Eastern Valley in the vicinity of Geneva.” In terms of geology, Seminole County is underlain by a thick sequence of limestone and dolomite rock upon which a relatively thin section of sand, silt, shell material and clay was deposited. According to the USDA’s Soil Survey of Seminole County, Florida, there are 10 soil map units in Seminole County, described below. Mineral soils on the uplands: 1. Urban Land-Pomello-Paola. This unit is about 4% of Seminole County and consists of moderately well drained and excessively drained soils that are sandy. 2. Urban Land-Astatula-Apopka. This unit is about 22% of Seminole County, and is more than half urban land. The rest is excessively drained soils that are sandy and well drained sand soils that have a loamy subsoil. 3. Urban Land-Tavares-Millhopper. The soils in this unit are moderately well drained and sandy or have a loamy subsoil. This unit covers 23% of the County. Mineral soils on the flatwoods and in sloughs and depressions between the upland ridges and the floodplains, depressions and swamps: 4. Myakka-EauGalle-Urban Land. These are poorly drained soils that are sandy or have a loamy subsoil. This unit covers 24% of the County. 5. St. Johns-Malabar-Wabasso. This unit makes up 8% of Seminole County. These soils in the central part of the County are poorly drained and sandy or have a loamy subsoil. 6. Basinger-Smyrna-Delray. These soils, covering about 7% of the County, are poorly drained and very poorly drained soils that are sandy throughout or have a loamy subsoil. 148 1 Introduction 10 Mineral and organic soils on the floodplains and in depressions and swamps: 7. Nittaw-Felda-Floridana. These are very poorly drained and poorly drained mineral soils; some with a clayey subsoil and some sandy with a loamy subsoil. They exist on floodplains and in depressions and make up about 4% of the County. 8. Nittaw-Okeelanta-Terra Cela. The soils in this unit, which covers about 4% of the County, are on the floodplains adjacent to Lake Monroe and Lake Jesup and subject to frequent flooding. They are very poorly drained mineral and organic soils, some are mucky with a clayey subsoil, some are mucky with a sandy layer, and some are mucky throughout. 9. Brighton-Samsula-Sanibel. These soils are south of Lake Jesup and are ponded. They are very poorly drained organic and mineral soils. They make up about 1% of the County. Some are mucky throughout, some are mucky and have a sandy layer beneath, and some are sandy throughout. They exist in depressions and swamps. 10. Pompano-Nittaw-Basinger. The soils in this map unit are in floodplains adjacent to the Wekiva, St. Johns and Econlockhatchee Rivers and Lake Jesup. They make up about 3% of the county, and are poorly drained and very poorly drained mineral soils, some are sandy throughout and some are mucky with a clayey subsoil. The Floridan Aquifer underlies all of Seminole County and supplies at least 95 percent of the County’s freshwater. Most of the County’s soils are sandy and low in natural fertility, but they support forests and wildlife. In addition, ornamental plants, vegetables and other plant products are grown in the County. 1.3 Development, Redevelopment and Population Trends Seminole County’s convenient location between Volusia and Orange Counties has made it one of the fastest growing counties in Florida. The Seminole County 2018 Comprehensive Plan has certain goals for future development. The goals and objectives outlined in the Future Land Use Section are: Protection and preservation of the environment, including water resources, air quality, regionally significant natural areas, open space and recreational areas; Creation and support of diverse, globally competitive economic conditions favorable to higher wage jobs; Provision of a range of affordable housing opportunities and choices; Provision of adequate services and facilities, including a variety of transportation choices; Maintenance of established residential neighborhoods, revitalization of declining neighborhoods and creation of new energy-efficient communities with educational, health care and cultural amenities; Protection of rural and agricultural areas; and Protection of private property rights. 149 1 Introduction 11 Chapter 3 provides information on the number and location of building permits issued in Seminole County between January of 2015 and August of 2020. During this time period more than 3,300 building permits were issued for single-family, multi-family, commercial and government buildings. The table to the right from the Seminole County Comprehensive Plan indicates the various land use categories and the acreage for each. The map in Figure 2 below identifies future land use proposed for Seminole County. There has not been a significant amount of re-development within Seminole County. All development must follow the guidance of the Comprehensive Plan and must comply with all current floodplain management regulations. Figure 2: Seminole County Land Use Pattern Source: Seminole County Comprehensive Plan – Future Land Use 1.3.1 Population Trends In 2019, the estimated population of Seminole County was 471,826 people, an 11.6% increase from the 2010 population. According to the University of Florida Bureau of Economic and Business Research Florida Population Studies, the population of Seminole County is expected to increase to 510,710 people by 2025, an 8.2% increase in the next five years. By 2030, the Table 1: Acres of Land by Land Use Category Source: Seminole County Comprehensive Plan 150 1 Introduction 12 population is expected to increase another 4.9%, to 535,588 people. These figures include both the incorporated and unincorporated areas of the County. 1.4 The Community Rating System FEMA’s National Flood Insurance Program (NFIP) administers the CRS. Under the CRS, flood insurance premiums for properties in participating communities are reduced to reflect the flood protection activities that these communities are implementing. This program can have a major influence on the design and implementation of flood mitigation activities, so a brief summary is provided here. A community receives a CRS classification based on the credit points it receives for activities. It can undertake any mix of activities that reduce flood losses, such as enhanced mapping, regulatory changes, public information programs, flood damage reduction, or flood warning and preparedness programs. There are 10 CRS classes: class 1 requires the most credit points and gives the largest premium reduction; class 10 receives no premium reduction (see Table 2). A community that does not apply for the CRS or that does not obtain the minimum number of credit points is a class 10 community. On May 1, 2011, the County was rated a Class 6 and policy holders within the SFHA enjoy a 20 percent reduction on the cost of flood insurance. This CRS rating was reaffirmed in 2017 cycle verification. Table 2: Community Rating System Premium Reductions 1.4.1 Program Incentive The CRS provides an incentive not just to start new mitigation programs, but to keep them going. There are two requirements that encourage a community to implement flood mitigation activities. First, the County will receive CRS credit for this plan, once it is adopted. To retain that credit, the County must submit an evaluation report on progress made towards implementing this plan to FEMA by October 1st of each year. That report must be made available to the media and to the public. Second, the County must annually recertify to FEMA that it is continuing to implement its CRS credited activities. Failure to maintain the same level of involvement in flood Class Points Premium in Floodplain Reduction Outside Floodplain 1 4500+45%10% 2 4,000-4,499 40%10% 3 3,500-3,999 35%10% 4 3,000-3,499 30%10% 5 2,500-2,999 25%10% 6 2,000-2,499 20%10% 7 1,500-1,999 15%5% 8 1,000-1,499 10%5% 9 500-999 5%5% 10 0-499 0%0% 151 1 Introduction 13 protection can result in a loss of CRS credit points and a resulting increase in flood insurance rates to residents. It is expected that this undesirable impact of loss of CRS credit for failure to report on the plan’s progress or for failure to implement flood loss reduction projects will be a strong incentive for the County to continue implementing this plan in dry years when there is less interest in flooding. 1.4.2 Benefits of CRS Participation Table 3 below shows the direct dollar benefit to Seminole County and the County’s policy holders for participation in the CRS. The savings per policy are for properties in the FEMA mapped 100-year floodplain (“Special Flood Hazard Area”). The savings are lower for policies outside the mapped floodplain. CRS discounts do not apply to Preferred Risk Policies (PRP), as shown in Table 3 below. The Preferred Risk Policy (PRP) is a Standard Flood Insurance Policy (SFIP) that offers low-cost coverage to owners and tenants of eligible buildings located in the moderate-risk B, C, and X Zones in the National Flood Insurance Program (NFIP) Regular Program communities. Table 3: Seminole County Policy Savings for CRS Participation Source: Insurance Services Office (ISO) In addition to the direct financial reward for participation in the CRS, there are many other reasons to participate. The other benefits that are more difficult to measure in dollars include: 1. The activities credited by the CRS provide direct benefits to residents, including: Enhanced public safety, A reduction in damage to property and public infrastructure, Avoidance of economic disruption and losses, Reduction of human suffering, and Protection of the environment. Total Policies Policies in SFHA X-STD/AR/A99 PRP Number of Policies 4,109 1,259 50 2,800 Total Premiums $2,105,881 $936,511 $66,489 $1,102,881 Average individual annual premium $512 $744 $1,330 $394 Class 9 savings per floodplain policy $15 $46 $74 $0 Class 9 savings for community $62,226 $58,532 $3,694 $0 Class 8 savings per floodplain policy $29 $93 $74 $0 Class 8 savings for community $120,757 $117,063 $3,694 $0 Class 7 savings per floodplain policy $44 $139 $74 $0 Class 7 savings for community $179,289 $175,595 $3,694 $0 Class 6 savings per floodplain policy $59 $186 $148 $0 Class 6 savings for community $241,515 $234,127 $7,388 $0 152 1 Introduction 14 2. A community’s flood programs will be better organized and more formal. Ad hoc activities, such as responding to drainage complaints rather than an inspection program, will be conducted on a sounder, more equitable basis. 3. A community can evaluate the effectiveness of its flood program against a nationally recognized benchmark. 4. Technical assistance in designing and implementing a number of activities is available at no charge from the Insurance Services Office. 5. The public information activities will build a knowledgeable constituency interested in supporting and improving flood protection measures. 6. A community will have an added incentive to maintain its flood programs over the coming years. The fact that the community’s CRS status could be affected by the elimination of a flood-related activity or a weakening of the regulatory requirements for new developments will be taken into account by the governing board when considering such actions. 7. Every time residents pay their insurance premiums, they are reminded that the community is working to protect them from flood losses, even during dry years. More information on the Community Rating System can be found at https://www.fema.gov/national-flood-insurance-program-community-rating-system. 1.5 References 1. Community Rating System Coordinator’s Manual, FEMA, 2017. 2. Example Plans, FEMA/Community Rating System, 2006. 3. Getting Started – Building Support for Mitigation Planning, FEMA, FEMA-386-1, 2002. 4. Local Multi-Hazard Mitigation Planning Guidance, FEMA, 2008. 5. Soil Survey of Seminole County, Florida, USDA Soil Conservation Service, 1990. 6. State and Local Plan Interim Criteria under the Disaster Mitigation Act of 2000, FEMA, 2002. 7. Florida Population Studies, College of Liberal Arts and Sciences Bureau of Economic and Business Research, 2020 https://www.bebr.ufl.edu/sites/default/files/Research%20Reports/projections_2020_asrh.pdf 8. Seminole County Comprehensive Plan, Seminole County Planning and Development Department, 2018. 153 2 Planning Process 15 2 Planning Process 2.1 Planning Approach This Floodplain Management Plan is the product of a rational thought process that reviews alternatives and selects and designs those that will work best for the situation. This process is an attempt to avoid the need to make quick decisions based on inadequate information during an emergency. It provides carefully considered direction to the County government by studying the overall damage potential and ensuring that public funds are well spent. The development of this plan also followed FEMA’s CRS 10-Step Planning Process. 2.1.1 Planning Committee This Floodplain Management Plan was developed under the guidance of a Floodplain Management Planning Committee (FMPC) with oversight from the Seminole County Office of Emergency Management. The Committee included representatives from various County departments, other local, state and federal agencies that serve the County, and citizens from throughout the County. Some of these citizen members of the FMPC had been flooded in the past. The County department representatives, citizens and stakeholders who make up the FMPC are shown in Table 4 below. Table 4: FMPC – Floodplain Management Planning Committee Name Agency Daniel O’Keefe Citizen Karen Heriot Citizen Michelle Bernstein Citizen Pam Sanders Citizen Shannon Webster Citizen Victoria Colangelo Citizen April Davis City of Altamonte Springs Danielle Marshall City of Altamonte Springs Jane Dai City of Casselberry Kelly Brock City of Casselberry Danielle Koury City of Lake Mary Dave Dovan City of Lake Mary Shad Smith City of Longwood Tom Smith City of Longwood Amanda Kortus City of Oviedo Jeff Buchanan City of Oviedo Mike Cash City of Sanford Russel Sheibenberger City of Sanford Christopher Schmidt City of Winter Springs Rachel Gironella City of Winter Springs Lucius Cushman Seminole County Resiliency Committee – Citizen Representative Rob Wolf Seminole County Resiliency Committee – Citizen Representative Tony Coleman Seminole County Building Division Bill White Seminole County Development Review Engineering Division Alan Harris Seminole County Emergency Management Kathryn Valentine Seminole County Emergency Management Jeff Sloman Seminole County Engineering Division Tuan Huynh Seminole County Engineering Division Mary Robinson Seminole County Planning and Development Owen Reagan Seminole County Roads and Stormwater Marie Lackey Seminole County Watershed Management 154 2 Planning Process 16 The plan development included identifying the unique flood risks that affect the County, identifying mitigation actions for these risks, and discussing how to involve the public in the development of the Plan. The Seminole County Board of County Commissioners passed a Resolution amending Administrative Code Section 4.12, which established the planning process and created the FMPC. 2.1.2 Planning Process The FMPC followed a standard 10- step process, based on the guidance and requirements of FEMA. The process is summarized in the flow chart in the figure on the right. The Committee assessed the flood hazards affecting the County, set goals, and reviewed a wide range of activities that can mitigate the adverse effects of the hazards. The FMPC met five times over the course of the planning process in development of this plan. Agendas and sign-in sheets for each of the meetings are documented and saved by the Office of Emergency Management. Step 5 Evaluate the Problem Step 1 Organize Step 3 Coordinate with Agencies & Organizations (This step continues throughout the entire process) Step 2 Involve the Public (This step continues throughout the entire process) Step 10 Implement, Evaluate, Revise Step 9 Adopt the Plan Step 8 Draft Action Plan Step 7 Review Mitigation Strategies Step 6 Set Goals Step 4 Assess the Hazard Figure 3: Mitigation Planning Process 155 2 Planning Process 17 2.1.3 Public Involvement Step 2 of the planning process was to obtain input from the public, particularly residents and businesses that had been affected by flooding. The public was invited to participate through: Attending and participating in meetings of the Floodplain Management Planning Committee. Five meetings were held in total. Contacting committee members. Attending a public meeting held on May 18, 2021 to receive comments on the draft plan. 2.1.3.1 Public Meetings A public meeting was held at the end of the planning process to solicit comments on the draft plan. This meeting was held on May 18, 2021 in a virtual format, due to the current conditions of the COVID-19 pandemic. The meeting was advertised through the local newspaper, in a County public building, on the Seminole County website, and on multiple social media platforms. Background on the plan and its findings and recommendations were explained, and attendees were given an opportunity to ask questions and submit comments for review, consideration, and potential modification of the plan. 2.1.3.2 Other Public Involvement Methods Seminole County promoted the floodplain management plan through its established Local Mitigation Strategy Committee, which includes members from a cross-section of the community and who represent a variety of local organizations. 2.1.4 Coordination Existing plans and programs were reviewed during the planning process. In order to effectively update all parts of the plan, a review was done of the Seminole County and municipal Comprehensive Plans, the Local Mitigation Strategy, the Seminole County Future Land Use plan, National Inventory of Dams, Area Basin Studies, and Geographic Information Systems map data. In addition, contacts were made with regional, state and federal agencies and organizations during the planning process. Requests for updated information were made of a variety of stakeholder agencies, including the National Weather Service, the Florida Division of Emergency Management, and the Insurance Services Office to obtain technical information needed for review and inclusion in the plan. 2.1.4.1 Solicitation of Comments Members of the FMPC included representatives from different areas of the community, including citizen representatives from all five (5) commission districts. These stakeholders provided valuable comments throughout the planning process. 2.1.4.2 Neighboring Communities All incorporated municipalities within Seminole County were made aware of the planning process via e-mail and calendar invitation. Each incorporated municipality was invited to attend 156 2 Planning Process 18 the FMPC meetings. Participating municipal agencies were involved through the planning process and community profiles are included as appendices to this plan for each of the six participating communities. 2.1.4.3 Contacting Other Agencies and Meetings with Agencies Because Seminole County is not a coastal county, the Florida Department of Environmental Protection’s Coastal Management Program was not contacted for this planning effort. 2.1.5 Hazard Assessment and Problem Evaluation The Committee addressed Steps 4 and 5 of the planning process (Assess the Hazard and Evaluate the Problem) during the March and July meetings of the FMPC. The flood hazard data and vulnerability to critical facilities, buildings and infrastructure and the impact of the flood hazard on life, health and safety is covered in Chapter 3 of this document. The LMS also provided data and support for Hazard Assessment and Problem Evaluation sections of the plan. 2.1.6 Goals The Committee reviewed the Floodplain Management Plan Goals at the August FMPC meeting. During this meeting, the list of current goals was reviewed and discussed, and then the Committee agreed upon a final list of goals and objectives. These goals are discussed in Chapter 4 of this document. 2.1.7 Mitigation Strategies During the September meeting of the FMPC, the Committee reviewed and discussed various mitigation measures which could help to reduce or eliminate the flood hazards. The Committee went through a comprehensive list of potential mitigation options based on the following six general categories: Preventive Measures Property Protection Measures Natural Resource Protection Measures Emergency Services Measures Structural Measures Public Information Measures 2.1.8 Action Plan After reviewing the various alternatives, the Committee drafted an action plan to identify recommended projects, parties responsible for implementation, a schedule for project completion, and identification of funding sources. The action plan is included as an appendix to this document. This Floodplain Management Plan serves only to recommend mitigation measures. Implementation of these recommendations depends on adoption of this plan by the Seminole County Board of County Commissioners. 157 2 Planning Process 19 158 3 Flood Risk Assessment 20 3 Flood Risk Assessment Flooding is the deadliest and most costly storm-related natural hazard in the United States. Many deaths due to flooding can be avoided by not driving through flooded roads and paying attention to evacuation warnings. Types of Flooding: The most common and most damaging floods occur along rivers and streams. This type of flooding is called overbank flooding. Overbank flooding of rivers and streams can be caused for any of the following reasons: 1. There is more precipitation in the watershed than the waterways and the storm system can convey; 2. There are obstructions in a channel, such as a beaver dam, 3. There is a large release of water when a dam or other obstruction fails; or 4. A combination of these factors. Most floods are caused because of the first factor, a larger amount of precipitation than the watershed can manage. Another contributor to flooding is storm water runoff. This problem has recently become more critical because of development in areas subject to urban flooding. Causes of Flooding: For most of Seminole County, the primary causes of flooding are tropical systems and afternoon thunderstorms. These storms generally occur during the rainy season, from June through November. The rain associated with hurricanes and tropical storms can produce extreme amounts of rainfall in short periods of time, which can overwhelm the capacity of streams, channels, or drainage infrastructure. In addition, certain areas of Seminole County are low-lying, which makes them subject to flooding from rising water. Historical Floods: Since 1994, Seminole County has experienced eight major floods. These floods have disrupted life for community members by closing streets and causing property damage to homes and businesses, and one of these floods even caused the death of a Seminole County resident. To address flood control and protection issues, Seminole County continues to update and implement this floodplain management plan. 3.1 Precipitation in Seminole County Seminole County receives an average of 53 inches of rain each year. However, this rainfall is not spread out evenly from month to month or across all parts of the County. Most precipitation occurs during the rainy season, from June to October. 159 Seminole County Floodplain Management Plan 21 Figure 4: Rainfall Distribution across Florida The above map shows average annual rainfall across the state of Florida, showing Seminole County to be within the 51.8-53.4 inch range, with the national average being 36.5 inches. Source: https://www.bestplaces.net/climate/county/florida/seminole, 2020 160 3 Flood Risk Assessment Seminole County Floodplain Management Plan 22 3.2 Seminole County Water Resources and Watersheds Seminole County has an abundance of surface water resources. The St. Johns River and Econlockhatchee River as well as three large lakes – Lake Monroe, Lake Jesup and Lake Harney – fall at least partly within the County boundaries. There are also six watersheds that fall partly within Seminole County, as shown in Figure 5. Within these six major watersheds are smaller subwatersheds that drain into the tributaries. Each of these streams has adjacent floodplains that are inundated during a flood. The condition of the land in the watershed affects what happens when precipitation falls. For example, more rain will run off the land and into streams if the terrain is steep, if the ground is already saturated from previous rains, if the watershed is significantly covered with impervious pavement and parking lots, or if depressional storage areas (like swamps) have been filled in. Thus, urban development in the watershed can contribute to flooding. Each of the watersheds in Seminole County contains urban as well as rural areas, except for Deep Creek, which is mostly rural. Watersheds that are more urbanized tend to flood more quickly than rural watersheds. Figure 5: Watersheds within Seminole County Source: Seminole County GIS Division 161 3 Flood Risk Assessment Seminole County Floodplain Management Plan 23 3.3 Flood Risks 3.3.1 Tropical Cyclones Flooding in Seminole County is often the result of hurricanes, tropical storms, or tropical depressions, all of which are tropical cyclones. These storms bring heavy rainfalls and high winds to Seminole County, which can cause significant damage. These storms can last for several days, and therefore they have the potential to cause sustained flooding. Rain combined with high winds can also create wave action on the three lakes and can damage properties adjacent to these bodies of water. Historically, many hurricanes and tropical storms have passed near or through Seminole County, as shown in Table 7. Table 7: Major Storms near Seminole County, Florida (1990 to 2020) Date Storm Name Deaths(FL) Injuries (FL) Property Damage 9/11/2017 Hurricane Irma 7 Hundreds (direct & indirect) $50,000,000,000 (US) 10/7/2016 Hurricane Matthew 2 0 $10,000,000,000 (US) 8/24/2008 Tropical Storm Fay 5 0 $390,000,000 (FL) 2/3/2007 Severe Storms and Tornadoes 0 0 $43,000,000 (FL) 8/24/2006 Hurricane Ernesto 0 0 $500,000,000 (US) 10/5/2005 Tropical Storm Tammy 0 0 <$25,000,000 (US) 9/24/2004 Hurricane Jeanne 3 0 $6,900,000,000 (US) 9/16/2004 Hurricane Ivan 14 0 $8,300,000,000 (FL) 9/4/2004 Hurricane Frances 5 0 $8,000,000,000 (FL) 8/13/2004 Hurricane Charley and TS Bonnie 9 0 $14,000,000,000 (FL) 9/3/2003 Tropical Storm Henri 0 2 “minor” 9/2/2002 Tropical Storm Edouard 0 0 “minor” (roadway flooding in Seminole County) 9/13/2001 Tropical Storm Gabrielle 2 (1 in Seminole) 0 $230,000,000 (FL) 10/4/2000 Tropical Storm Leslie 3 0 $700,000,000 (FL) 10/20/1999 Hurricane Irene 8 3 $8,000,000 (FL) 10/22/1998 Hurricane Mitch 2 65 $20,000,000 (FL) 9/15/1998 Hurricane Georges 0 0 $20,000,000 (FL) 8/22/1995 Tropical Storm Jerry 0 0 $30,000,000 (FL) 7/31/1995 Hurricane Erin 0 0 $700,000,000 (FL) 11/8/1994 Tropical Storm Gordon 8 0 $400,000,000 (FL) Sources: National Oceanic and Atmospheric Administration’s National Hurricane Center and the Federal Emergency Management Agency Of particular importance to communities susceptible to hurricane damage is the track of an approaching storm. Proximity and direction of an approaching storm are important when determining impacts and subsequent damage from the storm. Figure 6 on the next page shows the historical tracks of storms that have passed through or near Seminole County. 162 3 Flood Risk Assessment Seminole County Floodplain Management Plan 24 Figure 6: Historical Storm Tracks near Seminole County (1852 to 2019) Source: NOAA Historical Hurricane Tracks 3.3.2 Flash Floods A second source of flooding in Seminole County is flash flooding. Flash floods are generated by severe storms that drop a large amount of rainfall in a short period of time. Flash floods strike quickly and end quickly, with very little warning time. Areas with steep slopes and narrow stream valleys are particularly vulnerable to flash flooding, as are the banks of small tributary streams. In hilly areas, the high velocity flows and short warning times make flash floods hazardous and destructive. In urban areas, flash flooding can be triggered by increased stormwater runoff due to land development. When buildings are constructed on open spaces, hard surfaces like parking lots and rooftops replace forests, swamps, fields, and other natural land covers. When rainfall hits these impervious surfaces, it runs off of them rather than infiltrating into the soil that was once there. Along the way, stormwater runoff picks up sediment, debris and pollutants on the hard surfaces and carries them to streams or rivers. Thus, developed land absorbs less rainfall than 163 3 Flood Risk Assessment Seminole County Floodplain Management Plan 25 undeveloped land, and also increases pollution in local waterways. As we develop land, the amount and speed of storm water runoff increases. As a result, flash floods often occur in urban areas where much of the watershed is covered in impervious surfaces. Development in the floodplain and watersheds of Seminole County could lead to increased flooding problems in the future, if not mitigated. Figure 7 shows the distribution of building permits issued from 2015 to mid-2020. New development such as this can trigger more flash floods. This data comes from the Seminole County Building Division. Table 5: Number of Permits for New Construction per Year in Seminole County January 2015- August 2020 2015 2016 2017 2018 2019 2020 Total Commercial 24 19 24 21 14 2 104 Single Family Res 454 298 381 466 675 506 2780 Multi-Family Res 48 85 90 171 69 0 463 Government 0 2 4 0 4 0 10 Total 526 404 499 658 762 508 3357 Figure 7: Location of Permits for New Construction from January 1, 2015- June 30, 2020 Source: Seminole County GIS 164 3 Flood Risk Assessment Seminole County Floodplain Management Plan 26 3.3.3 Dam Failure Dams are designed to hold back large amounts of water. If they fail or are overtopped, they can produce a dangerous flood situation because of high velocities and large volumes of water released. A break in a dam can occur with little or no warning on clear days when people are not expecting rain or a flood. Breaching often occurs within hours after the first visible signs of dam failure, leaving little time for evacuation. Dam failures are usually caused either by structural problems with the dam or by hydrologic problems. Structural problems include seepage, erosion, cracking, sliding and overturning resulting from the age of the dam or a lack of maintenance. Hydrologic problems typically occur when there is excessive runoff due to heavy precipitation. For example, a dam failure can occur if the dam has to impound more water than it was designed to, or if the spillway capacity is inadequate for the amount of water that needs to pass downstream. A dam can suffer a partial failure or a complete failure, but the potential energy of the water stored behind even a small dam can cause loss of life and great property damage downstream. There are currently no dams located within Seminole County, but there are dams located to the north, west and south of the County. 3.3.4 Obstructions Obstructions can affect a channel, such as small bridge openings or log jams, or they can affect an entire floodplain, such as road embankments, fill and buildings. Channel obstructions will cause smaller, more frequent floods, while floodplain obstructions impact the larger, less frequent floods where most of the flow is overbank, outside the channel. Obstructions can be either natural or manmade, and will vary in depth based on the size and type of obstruction. Natural obstructions like log jams can be washed away during larger floods. Manmade obstructions pose a more serious problem, because they tend to be more permanent. 3.4 Historical Flooding Seminole County has experienced several flooding events in the past, caused by heavy rainfall or tropical events. In 1994, two storms brought heavy rain to most of the Florida peninsula during the last half of September. Rivers and streams overflowed, flooding streets and some urban areas. A flash flood Figure 8: Dams in Florida, based on the 2018 National Inventory of Dams 165 3 Flood Risk Assessment Seminole County Floodplain Management Plan 27 on July 21, 2001 produced by heavy rain inundated the Tuskawilla area of Winter Springs, flooding three homes and causing $15,000 worth of property damage. There has been one recorded death caused by flooding which took place on September 15, 2001. This occurred in the City of Winter Springs during the aftermath of Tropical Storm Gabrielle, which brought wind gusts to around 45 miles per hour, causing minor damage across much of east central Florida. Following the storm, a 15-year-old boy drowned while playing with friends in Gee Creek near Winter Springs after he was pulled underwater by branches and other debris in the fast-moving water. Raising awareness about the danger of currents following heavy rains, as well as the potential for debris in floodwaters, can help prevent similar accidents in the future. On August 19, 2002, three inches of rapidly falling rain flooded streets and six homes in Sanford. This led to $60,000 of property damage. A thunderstorm brought rainfall and widespread flooding of major roadways in Seminole County on August 29, 2002. The roadway flooding occurred about three miles south of Oviedo. On September 5, 2004, Hurricane Frances brought eight to ten inches of rain across much of Seminole County, flooding homes and streets. Four days later, the rain from Hurricane Frances had caused water levels to reach flood stage in the middle St. Johns River Basin. Levels continued to rise and then fell slightly until Hurricane Jeanne followed the same track across Florida as Hurricane Frances. Significant flooding followed, and the Lake Harney gauge reached a record crest of 10.1 feet. Near Geneva, roads, nurseries and homes along Lake Harney were flooded. Water came over the seawall in Sanford and flooded numerous structures along the south shore of Lake Monroe. The total amount of property damages due to these events was $4.8 million. In 2008, Tropical Storm Fay made four landfalls in Florida. While crossing central Florida, Fay unexpectedly strengthened over land to just under hurricane intensity with 70 mph winds. The storm caused extensive flooding in east central Florida, including historic flooding on the St. Johns River. The rainfall during this period, from August 18th to August 23rd, at its highest reached 17.59 inches with the highest single day being 9.81 inches on August 21st. Approximately 500 homes and many roadways were damaged as the river’s water level continued to climb after the storm had passed. Seminole County schools were closed due to impassable roads. The pictures in the box above show floods from Tropical Storm Fay in Seminole County. In October of 2016, Hurricane Matthew brought minor flooding to the Little Wekiva River and Altamonte Springs area. Although the storm only brought tropical storm force winds to Seminole County, $15,000,000 worth of damage occurred as a result. In September of 2017, Hurricane Irma brought major, near record flooding to the Little Wekiva River and St. John’s River at Lake Harney. Moderate flooding also occurred in Sanford along Lake Monroe. Although Seminole 166 3 Flood Risk Assessment Seminole County Floodplain Management Plan 28 County only experienced tropical storm force winds from Hurricane Irma, the flooding that resulted due to heavy rainfall and already saturated lakes and rivers was severe. Overall, property damages from Irma were approximately $543,200,000. Table 6: Historical occurrences of floods in the County Location Date Time Type Deaths Injuries Property Damages Florida 9/15/1994 NA Flooding 0 0 $500,000 Winter Springs 7/21/2001 5:00 PM Flash Flood 0 0 $15,000 Winter springs 9/15/2001 1:00 PM Urban/Small Stream Flood 1 0 $0 Sanford 8/19/2002 4:45 PM Flash Flood 0 0 $60,000 Oviedo 8/29/2002 4:38 PM Flash Flood 0 0 $0 Seminole County 9/5/2004 1:30 AM Flash Flood 0 0 $0 Geneva and Sanford 9/9/2004 7:00 AM Flooding 0 0 $4,800,000 Seminole County 9/23/2014 5:00 PM Heavy Rain 0 0 $0 Altamonte Springs 6/30/2016 5:30PM Flooding 0 0 $10,000 Seminole County 10/7/2016 3:00AM Flooding 1 0 $15,000,000 Seminole County 9/10/2017 9:00PM Flooding 0 0 $543,200,000 Source: National Oceanic and Atmospheric Administration’s National Environmental Satellite, Data, and Information Service 3.5 Locally Identified Flood Areas While many floodplain boundaries are mapped by NFIP, floods sometimes go beyond the mapped floodplains or change courses due to natural processes, such as erosion and sedimentation, or human development, such as filling in floodplains to build houses, increased imperviousness within the watershed from new development, or debris. The County has approximately 8,400 single family residences and 150 commercial buildings that could be affected by flooding during a 100-year flood. These businesses and homeowners have been identified by address and GIS mapping. In many flood prone areas, the terrain is heavily wooded with vast areas of marshlands, which receive the overflows from Lake Monroe, Lake Harney, Lake Jesup and the St. Johns River. 3.6 The National Flood Insurance Program In 1968, Congress created the National Flood Insurance Program (NFIP), which enables property owners in participating communities to purchase insurance from the federal government against losses due to flooding. The program is designed as an alternative to disaster assistance. Participation in the NFIP is based on an agreement between local governments and the NFIP that the local government will adopt and enforce a floodplain management ordinance to reduce future flood risks to new construction in Special Flood Hazard Areas, while the federal government will make flood insurance available within the community. More properties are insured for flood damages under NFIP in Florida than in any other state. Seminole County participates in the NFIP, which means that NFIP flood insurance is available to residents living anywhere in the unincorporated area. According to the NFIP, in Seminole County there were 4,109 NFIP flood insurance policies in effect, for a total of $1,218,941,100 in insurance, as of October 2, 2020. 167 3 Flood Risk Assessment Seminole County Floodplain Management Plan 29 3.7 Future Flood Risk Flooding can occur along all waterways in Seminole County, including the St. Johns River, Lake Monroe, Lake Harney, and Lake Jesup. Because there are numerous surface water bodies throughout the County, many locations in the County may be subject to flooding. Areas identified as vulnerable to flooding are depicted on FEMA’s Flood Insurance Rate Maps (FIRMs), which are developed through the NFIP and are the official floodplain maps for Seminole County. Many of the County’s floodplain management regulations are based on the floodplain limits shown in these maps. It is important to realize that on an annual basis more than 30 percent of all flood losses occur outside any mapped floodplain. FEMA’s flood zones represent the areas of risk for flooding. These zones are based on the statistical risk of future flooding, which is extrapolated from historical records to determine the statistical potential that storms and floods of a certain magnitude will recur. Such events are measured by their “recurrence interval,” i.e., a 10-year storm or a 50-year flood. A 10-year storm means that there is a 1 in 10 chance, or 10% chance, of that storm occurring in any given year. A 50-year flood has a 1 in 50 chance, or 2% chance, of occurring in any given year. Because these identifiers are based on statistics, such a flood could occur twice in one year, or could not occur at all over the course of 100 years. Table 7: Flood Recurrence Intervals The map below shows flood zone areas within Seminole County. Areas marked as Zone A have a 1% annual chance of flooding, which translates to a 26% chance of flooding over the life of a 30-year mortgage. This area is the base flood for Seminole County. Detailed analyses are not performed for Zone A, thus flooding depths and base flood elevations are not shown for Zone A areas. Zone AE areas have a 1% annual chance of flooding. These have been determined using detailed methods, thus base flood elevations – the level to which flood waters are expected to rise – are available in these areas. Zone AH are areas subject to 1% annual chance flooding, usually as ponding, with average depths between one and three feet. Areas in yellow have a moderate flood hazard. These are places susceptible to a 0.2% annual chance of flooding. Zone X shows areas where flood hazards are minimal, and have a less than 0.2% annual chance of flooding. 1 Year 10%4%2%1% 10 Years 65%34%18%10% 20 Years 88%56%33%18% 30 Years 96%71%45%26% 50 Years 99%87%64%39% Time Period Flood Size Chance of Flooding over a Period of Years 168 3 Flood Risk Assessment Seminole County Floodplain Management Plan 30 Figure 10: FEMA Flood Zones in Seminole County Source: Seminole County GIS 3.8 Flood Impacts The impacts of floods affect people, buildings, and the economy. These impacts are discussed in this section. 3.8.1 Safety Floods can be extremely dangerous, and even six inches of moving water can knock over a person given a strong current. A car will float in less than two feet of moving water and can be swept downstream into deeper waters. This is one reason floods kill more people trapped in vehicles than anywhere else. During a flood, people can also suffer heart attacks or electrocution due to electrical equipment short outs. 3.8.2 Health While such problems are often not reported, three general types of health hazards accompany floods. The first comes from the water itself. Floodwaters carry anything that was on the ground that the upstream runoff picked up, including dirt, oil, animal waste, and lawn, farm and 169 3 Flood Risk Assessment Seminole County Floodplain Management Plan 31 industrial chemicals. Pastures and areas where cattle and hogs are kept or their wastes are stored can contribute polluted waters to the receiving streams. Floodwaters also saturate the ground, which leads to infiltration into sanitary sewer lines. When wastewater treatment plants are flooded, there is nowhere for the sewage to flow. Infiltration and lack of treatment can lead to overloaded sewer lines that can back up into low-lying areas and homes. Even when it is diluted by flood waters, raw sewage can be a breeding ground for bacteria such as E.coli and other disease causing agents. If a water system loses pressure, a boil water order may be issued to protect people and animals from contaminated water. The second type of health problem arises after most of the water has gone. Stagnant pools can become breeding grounds for mosquitoes, and wet areas of a building that have not been properly cleaned breed mold and mildew. A building that is not thoroughly cleaned becomes a health hazard, especially for small children and elderly individuals. Another health hazard occurs when heating ducts in a forced air system are not properly cleaned after inundation. When the furnace or air conditioner is turned on, the sediments left in the ducts are circulated throughout the building and breathed in by the occupants. The third problem is the long-term psychological impact of having been through a flood and seeing one’s home damaged and irreplaceable keepsakes destroyed. The cost and labor needed to repair a flood-damaged home puts a severe strain on people, especially the unprepared and uninsured. There is also a long-term problem for those who know that their homes can be flooded again. The resulting stress on floodplain residents takes its toll in the form of aggravated physical and mental health problems. 3.8.3 Evacuation of Residents and Visitors A key evacuation and safety concern is when roads and bridges go under water. Generally, the larger the road, the less likely it is to flood, but this is not always the case. In addition, a bridge does not have to be under water to be damaged or to cut off an evacuation route. In some cases the bridge is high, but the access road may be flooded. In other cases, the bridge or culvert can be washed out. This is especially dangerous if a person drives on a flooded road and assumes that the bridge is still there. Residents and visitors within Seminole County should be made aware of evacuation routes. It is important that the County work with both public and private entities to ensure that everyone knows which roads and thoroughfares are designated for evacuation. The Office of Emergency Management may use the Integrated Public Alert and Warning System (IPAWS) to alert residents and visitors to voluntary and mandatory evacuations. For local flood concerns, the opt- in Alert Seminole system will be used to notify residents who are at risk of flooding. Below is a map from the Florida Division of Emergency Management which indicates the designated evacuation routes for Seminole County. 170 3 Flood Risk Assessment Seminole County Floodplain Management Plan 32 Figure 11: Evacuation Routes for Seminole County Source: floridadisaster.org/knowyourzone 3.8.4 Critical Facilities Seminole County’s FMPC identifies several types of critical facilities including some roads and bridges. The Seminole County Office of Emergency Management maintains a list of critical facilities within Seminole County. This critical infrastructure list is updated on an annual basis and is organized using the Department of Homeland Security’s (DHS) Critical Infrastructure Sectors. 3.8.5 Building Damage Floods can cause severe damage to buildings, which can be costly to repair. Although flood insurance can help pay for repairs to buildings damaged by floods, not all property owners obtain insurance. Moreover, preventing damage to buildings is less costly, less disruptive, and less dangerous than sustaining damage. In a few situations, deep or fast moving waters will push a building off its foundation, but this is rare. More frequently, structural damage is caused by the weight of standing water, known as 171 3 Flood Risk Assessment Seminole County Floodplain Management Plan 33 “hydrostatic pressure.” Basement walls and floors are particularly susceptible to damage by hydrostatic pressure. Not only is the water acting on basement walls deeper, but a basement is also subject to the combined weight of water and saturated earth. In addition, water in the ground underneath a flooded building will seek its own level, resulting in uplift forces that can break a concrete basement floor. The most common type of property damage inflicted by a flood is soaking. When soaked, many materials change their composition or shape. Wet wood will swell and, if dried too quickly, will crack, split or warp. Plywood can fall apart. Drywall will fall apart if it is bumped before it dries. The longer these materials remain wet, the more moisture, sediment and pollutants they will absorb. Soaking can cause extensive damage to household goods. Wooden furniture may become so badly warped that it cannot be used. Other furnishings, such as upholstery, carpeting, mattresses, and books, are usually not worth drying out and restoring. Electrical appliances and gasoline engines will not work safely until they are professionally cleaned and dried. While a building may appear sound and unharmed after a flood, the water may have caused a lot of damage. To properly clean a flooded building, the walls and floors should be stripped, cleaned and allowed to dry before being recovered. This can take weeks and is a costly process. Flood insurance claims figures do not include those items that are not covered by a flood insurance policy, like cars and landscaping, or the value of family heirlooms. They also do not include damages to uninsured or underinsured properties. Table 8 below shows the appraised value of all buildings in unincorporated Seminole County by FEMA flood zone. All of the buildings in these zones are at risk of flood damage. Table 8: Appraised Value of Buildings in Unincorporated Seminole County by Flood Zone Source: Seminole County GIS 3.8.6 Economic Impacts Although repairing structural flood damages can be costly, they can also have economic impacts beyond building repairs. Floods can close down businesses for days, weeks, or longer. Businesses can lose their inventories, customers are unable to reach them, and employees are often unable to work. Below is a table which indicates the largest employers in Seminole County which make up much of the tax base. 172 3 Flood Risk Assessment Seminole County Floodplain Management Plan 34 Table 9: Seminole County Major Employers Employer Number Employed Seminole County Public Schools 7,868 Central Florida Regional Hospital 2,865 Concentrix Cvg Corporation (Convergys) 1,900 JP Morgan Chase / Chase Bankcard Services 1,900 Deloitte Consulting LLP 1,850 Seminole State College 1,588 Seminole County Government 1,340 Verizon Corporate Resources Group (VCRG) 1,300 Seminole County Sheriff’s Office 1,250 Paylocity Holding Corporation 1,100 Liberty Mutual 1,070 Veritas Technologies, LLC (Formerly Symantec) 932 South Seminole Hospital 900 AAA 873 Waste Pro USA Inc. 820 Adventhealth System 800 Elite Technical Svc Inc 600 Tri-City Electrical Contractors Inc. 570 Adventhealth Information Svc 500 Centralsquare Technologies (Superion LLC) 500 Collis Roofing Inc 500 Del-Air Inc 500 Fiserv 500 Mid Fl Procuring & Distribution 500 D & A Window Cleaning Svc Inc 450 Fortress Insurance Partners 450 D&A Building Services Inc. 418 Insurance Office of America Inc. 409 JEUNESSE LLC 407 ABB Inc 400 Irby Construction Co 400 Ethnos (New Tribes Mission USA) 368 A. Duda & Sons Inc. 367 Aerosim Flight Academy-Sanford 350 David Maus Toyota 350 Hartford 350 Maronda Homes 350 Mercedes-Benz Club Of America 350 Source: Seminole County Economic Development According to the 2018 American Community Survey, there are approximately 245,000 workers in the labor force in Seminole County. The most common job groups, by number of people living in Seminole County are Office & Administrative Support Occupations (31,813 people), Management Occupations (29,466 people), and Sales & Related Occupations (28,857 people). Other notable job groups after these include Business and Financial Operations Occupations, Education Instruction & Library Occupations, and Food Preparation & Serving Related Occupations. The table below indicates the taxation value in Unincorporated Seminole County from 2015 through 2019 according to the County Property Appraiser. Table 10: Seminole County Taxable Value Year Value % Change 2015 $13,978,137,571 5.32% 2016 $14,752,369,807 5.54% 2017 $15,661,722,908 6.16% 2018 $16,646,459,602 6.29% 173 3 Flood Risk Assessment Seminole County Floodplain Management Plan 35 2019 $17,892,470,376 7.49% Source: https://www.scpafl.org/Portals/0/LinkFile/2020TaxRoll/ValueHistory.pdf?ver=2020-06-30-081233-733 3.8.7 Repetitive Loss Properties A repetitive loss property is a property that has experienced repeated flooding that caused financial losses. The National Flood Insurance Program (NFIP) is continually faced with the challenge of balancing the financial soundness of the program with the competing expectations of keeping premiums affordable. Repetitive loss properties are one of the largest obstacles to achieving financial soundness. A repetitive loss property is defined as any insurable building for which two or more claims of more than $1,000 were paid by the NFIP within any rolling 10-year period since 1978. Two of the claims paid must be more than 10 days apart but, within 10 years of each other. A repetitive loss property may or may not be currently insured by the NFIP. Severe Repetitive Loss properties consist of any NFIP-insured residential properties that have met at least 1 of the following paid flood loss criteria since 1978, regardless of ownership: four or more separate claim payments of more than $5,000 each, or two or more separate claim payments where the total of the payments exceeds the current value of the property. Repetitive loss properties are the biggest draw on the National Flood Insurance Fund. Repetitive loss properties are not only costly; they also disrupt and threaten residents’ lives. These properties may be sponsored by state or local government programs that mitigate the flood losses or provide information on how to mitigate flood losses through such measures as elevating buildings above the level of the base flood, demolishing buildings, removing buildings from the Special Flood Hazard Area, or local drainage improvement projects. In unincorporated Seminole County, there are forty (40) repetitive loss properties. Three (3) properties were previously designated as repetitive losses, but have been removed from the list after being mitigated. $3,189,486 of building and contents damage has been incurred in total at these repetitive loss properties, with $3,134,014.11 of the damage having occurred on the unmitigated properties. A detailed analyses of each repetitive loss area is recommended to further assess the problem within each specific area of concern, and provide recommendations for solutions. The repetitive loss areas in Seminole County are shown in Figure 11 below. The repetitive loss areas may contain multiple repetitive loss properties, or a single repetitive loss property. Due to privacy restrictions, the individual properties that received the losses are not identified on the maps. Detailed areas of repetitive loss are shown in the following figures. 174 3 Flood Risk Assessment Seminole County Floodplain Management Plan 36 Figure 12: Seminole County Repetitive Loss Property Areas Figure 13: Repetitive Loss Area 1 175 3 Flood Risk Assessment Seminole County Floodplain Management Plan 37 Figure 14: Repetitive Loss Areas 2 & 3 Figure 15: Repetitive Loss Areas 4, 5, & 6 176 3 Flood Risk Assessment Seminole County Floodplain Management Plan 38 Figure 16: Repetitive Loss Area 7 Figure 17: Repetitive Loss Area 8 177 3 Flood Risk Assessment Seminole County Floodplain Management Plan 39 Figure 18: Repetitive Loss Area 9 Figure 19: Repetitive Loss Area 10 178 3 Flood Risk Assessment Seminole County Floodplain Management Plan 40 Figure 20: Repetitive Loss Area 11 Figure 21: Repetitive Loss Areas 12, 13, & 14 179 3 Flood Risk Assessment Seminole County Floodplain Management Plan 41 Figure 22: Repetitive Loss Areas 15 & 16 Figure 23: Repetitive Loss Areas 17 & 18 180 3 Flood Risk Assessment Seminole County Floodplain Management Plan 42 Figure 24: Repetitive Loss Area 19 3.9 Flood Warning Systems Seminole County residents can sign up for the Alert Seminole Emergency Notification System, which will contact those registered in the event of an emergency that may require evacuation. Residents can register for this emergency notification system by visiting the County’s preparedness website at www.prepareseminole.org or by calling the Seminole County Office of Emergency Management at 407-665-5102. Residents can also stay prepared by listening to a NOAA weather radio, particularly during hurricane season, or by calling the citizen’s information hotline at (407) 665-0000. 181 3 Flood Risk Assessment Seminole County Floodplain Management Plan 43 3.10 Natural and Beneficial Areas In their natural, undeveloped state, floodplains play an important role in flooding. They allow flood waters to spread over a large area, reducing flood velocities and providing flood storage to reduce peak flows downstream. Natural floodplains reduce wind and wave impacts and their vegetation stabilizes soils. Natural cover acts as a filter for runoff and overbank flows, improving water quality and minimizing the amount of sediment transported downstream and the impurities in that sediment. Floodplains can be recharge areas for groundwater and reduce the frequency and duration of low flows of surface water. They provide habitat for diverse species of plants and animals, some of which cannot live in other habitats. Floodplains are particularly important as breeding and feeding grounds. Natural floodplains also moderate water temperature, reducing potential harm to aquatic plants and animals. Seminole County preserves and manages several wilderness areas to protect biodiversity of species, wildlife corridors, and water resources while offering passive recreation areas for Seminole County residents. Through a voter approved referendum in 1990, a $20 million bond was established, creating the Seminole County Natural Lands Program. The primary purpose of this program is to systematically assess, rank and purchase environmentally significant lands throughout the County. These lands are purchased to preserve or restore their important ecological functions as well as to provide sites for passive, resource-based recreational activities. Since the program’s inception, Seminole County has purchased just over 6,600 acres. Many of the natural land areas are located within the Special Flood Hazard Area (SFHA), and provide natural and beneficial functions of a natural floodplain. Several of these sites have been opened for public access, as shown in Figure 24 on the next page. Wetlands at the Lake Jesup Wilderness Area in Seminole County 182 3 Flood Risk Assessment Seminole County Floodplain Management Plan 44 Figure 25: Wilderness Area Open to the Public in Seminole County 3.11 References 1. Local Mitigation Strategy for Seminole County and its Municipalities, 2020-2025 2. Seminole County Comprehensive Plan, Seminole County, 2018. 3. American Community Survey 2018 4. floridadisaster.org/knowyourzone 5. Seminole County Property Appraiser’s Office 2020 Tax Roll 6. Flood insurance claims records for Seminole County, FEMA. 7. National Oceanic and Atmospheric Administration’s National Environmental Satellite, Data, and Information Service 8. National Oceanic and Atmospheric Administration’s National Hurricane Center 183 5 Preventive Measures Seminole County Floodplain Management Plan 45 4 Goals and Objectives Chapter 3 documents the flood risk that threatens the unincorporated areas of Seminole County, the vulnerability of structures, infrastructure, and critical facilities to floods, and the capacity the County has to reduce the flood hazard. The intent of Goal Setting is to identify areas where the County’s existing capabilities (in terms of policies and programs) can be enhanced so that the community’s overall vulnerability to flood hazards is reduced. Goals are also necessary to guide the review of possible mitigation measures. At the same time, this plan needs to ensure that recommended actions are consistent with what is appropriate for Seminole County. Mitigation goals need to reflect community priorities and be consistent with other plans for the County. 4.1 Background 4.1.1 Seminole County Local Mitigation Strategy The goals of this plan need to be consistent with and complement the goals of other planning efforts. The primary planning document that this Floodplain Management Plan must complement and be consistent with is the Seminole County Local Mitigation Strategy. This plan will be adopted as an appendix to Seminole County Local Mitigation Strategy; therefore the goals in both planning documents should align and not conflict. The six goals of the Seminole County Local Mitigation Strategy are: Goal 1: Local government shall make every reasonable effort to identify, develop, implement, and reduce hazard vulnerability through effective mitigation programs. Goal 2: All sectors of the community will work together to create a disaster resistant community. Goal 3: Reduce the vulnerability of critical infrastructures and public facilities from the effects of all hazards. Goal 4: Strengthen continuity planning for local government, businesses and community partners to avoid significant disruptions of services. Goal 5: Develop policies and regulation to support effective hazard mitigation programming throughout the community. Goal 6: Encourage economic vitality of the community by providing business continuity education, disaster planning, and diversifying employment opportunities. 184 5 Preventive Measures Seminole County Floodplain Management Plan 46 4.2 Goals Following the exercises, the FMPC agreed upon five general goals for this planning effort. The goals were refined and objectives in support of the goals were also added. Goal 1: Reduce vulnerability and exposure to flood hazards in order to protect the lives, health, safety and welfare of Seminole County citizens and guests. Objective 1.1: Focus mitigation efforts on flooding resulting from heavy rainfall which causes runoff, overbank, backwater, and stormwater issues to keep the problem from getting worse Objective 1.2: Implement regulatory measures to discourage new development in areas that are more likely to be exposed to the effects of flood damage Objective 1.3: Preserve open space in hazardous areas, especially where there are sensitive natural areas and agricultural lands Objective 1.4: Protect the environmental integrity of the natural water systems in Seminole County by focusing on water quality and best management practices Objectives 1.5: Continue to protect aquifers and environmentally sensitive lands from encroachment of development by requiring buffers and other setbacks mechanisms Objective 1.6: Reduce stormwater runoff through adequate stormwater management, flood control, on-site retention and best management practices to mitigate impacts associated with incremental construction and redevelopment projects Goal 2: Promote emergency management and warning system measures to provide better protection to the citizens and guests of Seminole County. Objective 2.1: Leverage state and federal emergency management funding for planning, training and equipment Objective 2.2: Seek funding for the installation of stream and river gages to help provide increased flood warning capability Objective 2.3: Monitor technological advancements and implement new technologies where applicable to ensure reliable communications with residents and guests Goal 3: Encourage property owners through education and outreach measures to protect their homes and businesses from flood damage. 185 5 Preventive Measures Seminole County Floodplain Management Plan 47 Objective 3:1: Encourage residents to assume an appropriate level of responsibility for their own protection Objective 3.2: Promote flood insurance as a property protection measure against flood damage through multiple methods, including enhancements to the county website to provide information on comprehensive flood preparedness/protection and flood insurance Objective 3.3: Educate property owners, including repetitive loss properties, on FEMA grant programs and other methods in order to mitigate possible flood damage Goal 4: Protect critical and cultural facilities, public infrastructure, and businesses from the effects of flood hazards and reduce the vulnerability of flood damage to these facilities. Objective 4.1: Seek County, State and Federal support for projects Objective 4.2: Identify and implement flood mitigation measures or strategies as necessary to protect critical infrastructure and facilities from flood damage Goal 5: Identify properties susceptible to flood damage and implement cost-effective and affordable improvements, including those which reduce the number of repetitively damaged structures. Objective 5.1: Leverage state and federal grant funding to facilitate buyouts, elevations and other mitigation efforts Objective 5.2: Target repetitive loss properties for implementation of mitigation projects Objective 5.3: Allow continued opportunities for members of the public to be part of the planning process, including identifying areas susceptible to flooding 186 5 Preventive Measures Seminole County Floodplain Management Plan 48 5 Preventive Measures Preventive measures are designed to keep a problem such as flooding from occurring or from getting worse. The objective of preventive measures is to ensure that future development is not exposed to damage and does not cause an increase in damages to other properties. Building, zoning, planning and code enforcement offices usually administer preventive measures. Some examples of types of preventive measures include: Building codes Planning and zoning Open space preservation Floodplain regulations Stormwater management 5.1 Building Codes Building codes provide one of the best methods of addressing flood hazards. When properly designed and constructed according to code, the average building can withstand many of the impacts of natural hazards. Hazard protection standards for all new and improved or repaired buildings can be incorporated into the local building code. Building codes can ensure that the first floors of new buildings are constructed to be higher than the elevation of the 100-year flood (the flood that is expected to have a one percent chance of occurring in any given year). Building codes in Seminole County also require that driveways are sloped so as to prevent flood waters from draining into a building. Just as important as having code standards is the enforcement of the code. Adequate inspections are needed during the course of construction to ensure the builder understands the requirements and is following them. Making sure a structure is properly anchored requires site inspections at each step. Seminole County’s Code of Ordinances adopts the Florida Building Code by reference, and the State of Florida has some of the most stringent building codes in the nation. Nonetheless, during planning meetings where the mitigation strategies were evaluated, the FMPC discussed possible ways to strengthen Seminole County’s building codes. There is relatively no cost involved in strengthening codes, but since the County adopts the Florida Building Code, the possibility of exceeding current code requirements is extremely slim. Another possibility discussed was to increase the freeboard requirement for buildings to be built higher than the current 1 ft. above the base flood elevation. Figure 26: Elevated Home 187 5 Preventive Measures Seminole County Floodplain Management Plan 49 5.1.1 Manufactured Homes Manufactured or mobile homes are usually not regulated by local building codes. They are built in a factory and out of state, and they are shipped to a site. They do have to meet construction standards set by the U.S. Department of Housing and Urban Development. All mobile homes constructed after 1976 must comply with HUD’s National Manufactured Home Construction and Safety Standards. These standards apply uniformly across the country and it is illegal for a local unit of government to require additional construction requirements. Local jurisdictions may regulate the location of these structures and their on-site installation. The NFIP allows communities to exempt mobile homes in existing mobile home parks from some of the flood protection requirements. The CRS provides up to 50 points if the community does not use this exemption. Seminole County does not use this exemption. 5.1.2 Local Implementation Seminole County uses the 2017 Florida Building Code. The County’s floodplain management ordinance requires development in areas of special flood hazard to be reasonably safe from flooding. This means that new construction and substantial improvements shall be designed or modified and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from flooding. New construction and substantial improvements must also be constructed using methods that minimize flood damage. New construction or substantial improvement of any residential structure, including manufactured homes, must have the lowest floor, including the basement, elevated to no lower than one foot above the base flood elevation. In addition, manufactured homes must be anchored to prevent flotation, collapse, or lateral movement. For commercial properties, the first floor must be elevated to one foot above the base flood or they must be flood-proofed in lieu of being elevated. 5.1.3 CRS Credit The CRS encourages strong building codes. It provides credit in two ways: points are awarded based on the community’s BCEGS (Building Code Effectiveness Grading Schedule) classification and points are awarded for adopting the International Code series. Seminole County’s BCEGS rating is a Class 4 for residential and Class 3 for commercial. Seminole County uses the 2017 Florida Building Code, and will be adopting the 2020 FBC on 12/31/2020. The CRS also has a prerequisite for a community to attain a CRS Class 8 or better: the community must have a BCEGS class of 6 or better. To attain a CRS Class 4 or better, the community must have a BCEGS class of 5 or better. 188 5 Preventive Measures Seminole County Floodplain Management Plan 50 5.2 Planning and Zoning Building codes provide guidance on how to build in hazardous areas. Planning and zoning activities direct development away from these areas, especially floodplains and wetlands. They do this by designating land uses that are compatible with the natural conditions of lands prone to flooding, such as open space or recreation. Planning and zoning activities can also provide benefits simply by allowing developers more flexibility in arranging improvements on a parcel of land through the planned development approach. 5.2.1 Comprehensive Plans These plans are the primary tools used by communities to address future development. They can reduce future flood-related damages by indicating open space or low density development within floodplains and other hazardous areas. Unfortunately, natural hazards are not always emphasized or considered in the specific land use recommendations. Generally, a plan has limited authority. It reflects what the community would like to see happen. Its utility is that it guides other local measures, such as capital improvement programs, zoning ordinances, and subdivision regulations. 5.2.2 Zoning Regulations A zoning ordinance regulates development by dividing a community into zones and setting development criteria for each zone. Zoning codes are considered the primary tool to implement a comprehensive plan’s guidelines for how land should be developed. Zoning ordinances can limit development in hazardous areas, such as reserving floodplain zones for agricultural uses. Often, developers will produce a standard grid layout. The ordinance and the community can allow flexibility in lot sizes and location so developers can avoid hazardous areas. One way to encourage such flexibility is to use a planned unit development (PUD) approach. This approach allows developers to incorporate flood hazard mitigation measures into projects. Open space or floodplain preservation can be facilitated as site design standards and land use densities can be adjusted to fit the property’s specific characteristics, as shown in Figure 26. Figure 27: Planned Unit Developments 189 5 Preventive Measures Seminole County Floodplain Management Plan 51 5.2.3 Capital Improvement Plans A capital improvement plan will guide a community’s major public expenditures for a five- to 20-year period. Capital expenditures may include acquisition of open space within the hazardous areas, extension of public services into hazardous areas, or retrofitting existing public structures to withstand a hazard. 5.2.4 Local Implementation The Seminole County Comprehensive Plan includes conservation goals to address the long-range implementation of programs aimed at meeting environmental regulations and preserving the County’s natural amenities. Seminole County uses a multi-faceted system to direct incompatible land uses away from wetlands. To date, this system has managed to preserve most of the wetland acreage in the urban area. There are three primary methods by which the County directs incompatible land uses away from wetlands, and several secondary methods. The primary methods are: 1. Identification of environmentally sensitive lands. These lands are to be preserved during the development process. 2. Land acquisition. Seminole County also protects wetlands through land acquisition via the County’s Natural Lands Program. In combination with the efforts of the U.S. Army Corps of Engineers, the Florida Department of Environmental Protection and the St. Johns River Water Management District, over 18,000 acres of the County’s 41,000 acres of wetlands are in public ownership. This is roughly 44% of County lands. 3. Special areas. The County and the State have designated areas for special consideration to protect wetlands, including the Wekiva River Protection Area, the Econlockhatchee River Protection Zone, and the East Rural Area. These three areas make up roughly 75 percent of the County’s unincorporated area. Development within these areas is managed and regulated to protect natural resources and maintain their rural character. The secondary methods of directing incompatible uses away from wetlands are through the implementation and execution of the Comprehensive Plan’s Future Land Use designations and Seminole County’s Land Development Code. 1. Special Techniques. For example, allowing clustering of development, or planned development, in exchange for preserving open areas which protects natural resources from development. 2. Environmentally Sensitive Land Overlay. Seminole County maintains an Environmentally Sensitive Lands Overlay Area, as defined in the Comprehensive Plan. The Environmentally Sensitive Lands Overlay Area includes any areas flooded during a 100-year flood event or identified by NFIP as Zone A or Zone V, as well as wetlands as defined by the St. Johns River Water Management District. This designation is used to limit permitted uses on wetland properties and direct development away from environmentally sensitive lands. 3. The Urban/Rural Boundary. This boundary forms the foundation for both wetland regulation and for the land uses that are assigned throughout the County. Having established that the East Rural Area contains a high quality mosaic of valuable wetland and upland systems, the County has adopted a limited number of land use designations of 190 5 Preventive Measures Seminole County Floodplain Management Plan 52 very low density in the Rural Area to protect these resources. 5.2.5 CRS Credit The CRS provides flood insurance discounts to those communities that implement various floodplain management activities that meet certain criteria. Comparing local activities to those national criteria helps determine if local activities should be improved. Up to 100 points are provided for regulations that encourage developers to preserve floodplains or other hazardous areas from development. There is no credit for a plan, only for the enforceable regulations that are adopted pursuant to a plan. Up to 600 points are provided for setting aside floodplains for low density zoning, such as five acre lots or conservation. 5.3 Open Space Preservation Keeping the floodplain and other hazardous areas open and free from development is the best approach to preventing damage to new developments. Open space can be maintained in agricultural use or can serve as parks, greenway corridors and golf courses. Comprehensive and capital improvement plans should identify areas to be preserved by acquisition and other means, such as purchasing an easement. With an easement, the owner is free to develop and use private property, but property taxes are reduced or a payment is made to the owner if the owner agrees to not build on the part set aside in the easement. Although there are some federal programs that can help acquire or preserve open lands, open space lands and easements do not always have to be purchased. Developers can be encouraged to dedicate park land and required to dedicate easements for drainage and maintenance purposes. These are usually linear areas along property lines or channels. Maintenance easements also can be donated by streamside property owners in return for a community maintenance program. 5.3.1 Local Implementation In 1990, the voters of Seminole County approved a $20 million bond which created the Seminole County Natural Lands Program (NLP). The NLP established a system to access, rank and purchase environmentally significant lands throughout the County. In 2000, a voter-approved referendum provided for $25 million dollars with $20 million dollars of support of the County trails program and $5 million dollars for natural lands. The County used these funds to purchase land to preserve or restore their important ecological functions, as well as provide sites for passive resource-based recreational activities. Since the inception of the program, Seminole County has purchased and currently manages just over 6,600 acres of land through the NLP. The County’s adoption of flood prone and wetland ordinances were critical steps in providing countywide protection of wetlands. The County’s wetlands protection program has established an extensive network of wetlands under conservation easements. Conservation easements are used to protect post-development flood prone and wetland areas. Conservation easements are blanket easements over the area of concern and are granted to Seminole County, state or Federal 191 5 Preventive Measures Seminole County Floodplain Management Plan 53 agencies or some combination thereof. Conservation easements act to limit any future encroachment or development and thus provide protection of flood prone and wetland areas. Conservation easements are required of all developments except for single family residences that contain post-development flood prone or wetland areas within their site boundaries and may be granted as specified in Section 35.101(a)—(c) of the Land Development Code. Land acquisition efforts by Seminole County and the State of Florida have led to the conservation of major wetland systems in the Econlockhatchee, Wekiva, St. Johns, and Lake Jesup Basins. An ongoing focus on the conservation of intact wetland systems in the rural portion of the County supplements these acquisition programs. Preserved lands in Seminole County are shown in the figure below. Figure 28: Preserved Lands in Seminole County Wilderness areas and trails created from these referendums include the Black Bear, Black Hammock, Geneva, Chuluota, Lake Proctor, Econ River, Lake Jesup, and Spring Hammock Preserve. These environmental assets are open to the public for environmental education and passive recreation. The County designated these lands as “Preservation/Managed Lands” on the Future Land Use Plan Map in 2008. The County will continue to manage the more than 6,600 acres of Natural Lands acquired through these bond referendum for the preservation of significant natural habitats, open space areas and greenways. 192 5 Preventive Measures Seminole County Floodplain Management Plan 54 In addition, the Comprehensive Plan states that the County shall include in its Land Development Code neighborhood performance standards for “common, liked and usable open space for active and/or passive recreation, including interconnected walkways, bikeways, trails and greenways” as well as “Preservation of onsite natural lands.” The County’s Land Development Code requires that all new development, unless otherwise specified within the Code, include a minimum amount of urban, suburban or rural open space and that open space areas within a development be connected to each other. The amount and type of required open space varies with the character of the proposed development and surrounding land uses. For commercial developments, the open space ratio is a minimum of 25% of the parcel. 5.3.2 CRS Credit Preserving flood prone areas as open space is one of the highest priorities of the Community Rating System. Up to 1,450 points can be given for keeping land vacant through ownership or regulations (Activity 420 – Open Space Preservation). 5.4 Subdivision Regulations Subdivision regulations govern how land will be subdivided and set construction standards. These standards generally address roads, sidewalks, utilities, storm sewers, and drainageways. They can include the following flood protection standards: Requiring that the final plat show all hazardous areas Requiring that each lot be provided with a building site above the flood level Requiring that all roadways be no more than one foot below the flood elevation 5.4.1 Local Implementation Seminole County’s subdivision regulations require: Final subdivision plats require the 100-year floodplain boundary to be identified. 5.5 Floodplain Regulations Most communities with a flood problem participate in the National Flood Insurance Program (NFIP). The NFIP sets minimum requirements for the participating communities’ standards for development, subdivision of land, construction of buildings, installation of mobile homes, and improvements and repairs to buildings. These are usually spelled out in a separate ordinance. The NFIP minimum requirements are summarized on the next page. It should be stressed that these are minimum requirements. To gain credit in the CRS, communities must adopt and implement floodplain regulations that go above and beyond the minimum requirements of the NFIP. 5.5.1 Enforcement To ensure that communities are meeting the NFIP standards, FEMA periodically conducts a Community Assessment Visit. During this visit, the maps and ordinances are reviewed, permits 193 5 Preventive Measures Seminole County Floodplain Management Plan 55 are checked, and issues are discussed with staff. Failure to meet all of the requirements can result in one or more consequences: Reclassification under the Community Rating System to a higher class Probation, which entails a $50 surcharge on every flood insurance policy in the community, or Suspension from the NFIP. If a community is suspended, the following sanctions are imposed: o Flood insurance will not be available. No resident will be able to purchase a flood insurance policy. o Existing flood insurance policies will not be renewed. o No direct federal grants or loans for development may be made in identified flood hazard areas under programs administered by federal agencies, such as HUD, EPA, and the Small Business Administration. o Federal disaster assistance will not be provided to repair insurable buildings located in identified flood hazard areas for damage caused by a flood. o No federal mortgage insurance or loan guarantees may be provided in identified flood hazard areas. This includes policies written by FHA (Federal Housing Administration), VA (Veterans Affairs), and others. o Federally insured or regulated lending institutions, such as banks and credit unions, must notify applicants seeking loans for insurable buildings in flood hazard areas that there is a flood hazard and the property is not eligible for federal disaster relief. These sanctions can be severe for any community with a substantial number of buildings in the floodplain. Most communities with a flood problem have joined the NFIP and are in full compliance with their regulatory obligations. One way to assure good administration and enforcement is to have Certified Floodplain Managers on staff. The Association of State Floodplain Managers administers the national Certified Floodplain Manager (CFM®) program. Certification involves a three hour exam and a requirement for continuing education each year. The exam covers the regulatory standards of the National Flood Insurance Program as well as mapping, administration, enforcement and flood hazard mitigation. 5.5.2 Minimum NFIP Regulatory Requirements The NFIP is administered by FEMA. As a condition of making flood insurance available for their residents, communities that participate in the NFIP agree to regulate new construction in the area subject to inundation by the 100-year (base) flood. The floodplain subject to these requirements is shown as an A or V Zone on the Flood Insurance Rate Map (FIRM). There are five major floodplain regulatory requirements. Additional floodplain regulatory requirements may be set by state and local laws. 1. Continue to enforce their adopted Floodplain Management Ordinance requirements, which include regulating all new development and substantial improvements in Special Flood Hazard Areas (SFHA). 2. Continue to maintain all records pertaining to floodplain development, which shall be available for public inspection. 194 5 Preventive Measures Seminole County Floodplain Management Plan 56 3. Continue to notify the public when there are proposed changes to the floodplain ordinance or Flood Insurance Rate Maps. 4. Maintain the map and Letter of Map Change repositories. 5. Continue to promote Flood Insurance for all properties. Communities are encouraged to adopt local ordinances that are more comprehensive or provide more protection than the federal criteria. The NFIP’s Community Rating System provides insurance premium credits to recognize the additional flood protection benefit of higher regulatory standards. 5.5.3 Local Implementation Seminole County’s Floodplain Ordinance meets all of the NFIP’s floodplain regulatory requirements. The County’s Floodplain Ordinance exceeds minimum NFIP standards for a number of elements that are credited in the CRS. 5.5.4 CRS Credit There are many higher regulatory standards that warrant CRS credit. These standards include: Delineating a floodway, the area of higher hazard near the channel. This would allow development outside the floodway (called the “floodplain fringe”) without engineering studies to determine their impact on others. Requiring all new construction to be elevated one or two feet above the base flood elevation to provide an extra level of protection from waves and higher floods. This extra protection is reflected in a distinct reduction in flood insurance rates. Having all developers (not just the larger ones) provide flood data where none are available. Specifications to protect foundations from erosion, scour and settling. Prohibiting critical facilities from all or parts of the floodplain. Prohibiting hazardous materials. Requiring buffers adjacent to streams or natural areas. Restrictions on use of enclosures below elevated buildings. Flood storage lost due to filling and construction must be compensated for by removal of an equal volume of storage. The CRS also provides credit for having trained staff and a higher credit if the staff members are Certified Floodplain Managers. 195 5 Preventive Measures Seminole County Floodplain Management Plan 57 It should be noted that one of the prerequisites for participation in the CRS is that the community be in full compliance with the minimum requirements of the NFIP. A community with a number of “potential violations” risks being removed from the CRS entirely. Seminole County’s Floodplain Ordinance requires that residential construction is built with the lowest floor no lower than one foot above the base flood elevation, which is an extra requirement beyond NFIP’s minimum requirements. An additional requirement beyond the minimum for Seminole County is that the ordinance sets specific restrictions on the use of enclosures below elevated buildings. The County has a total of seven Certified Floodplain Managers on staff, three of whom are in the Development Services Department. Buffers are required within wetlands to protect the natural and beneficial functions of the floodplain. Seminole County has a floodplain storage capacity requirement that requires that if fill is brought into a development, an equal amount of fill must be removed somewhere in the floodplain to maintain the floodplain storage capacity. 5.6 Stormwater Management Development in floodplains is development in harm’s way. New construction in the floodplain increases the amount of development exposed to damage and can aggravate flooding on neighboring properties. Development outside a floodplain can also contribute to flooding problems. Stormwater runoff is increased when natural ground cover is replaced by urban development (see graphic). Development in the watershed that drains to a river can aggravate downstream flooding, overload the community’s drainage system, cause erosion, and impair water quality. There are three ways to prevent flooding problems caused by stormwater runoff: 1. Regulating development in the floodplain to ensure that it will be protected from flooding and that it won’t divert floodwaters onto other properties. 2. Regulating all development to ensure that the post-development peak runoff will not be greater than it was under pre- development conditions. 3. Set construction standards so buildings are protected from shallow water. Figure 30: Effect of Development on Stormwater 196 5 Preventive Measures Seminole County Floodplain Management Plan 58 Many communities participate in the NFIP, which sets minimum requirements for regulating development in the floodplain. The State of Florida has more stringent requirements than the NFIP, including a requirement that all new buildings must be elevated to no lower than one foot above the base flood elevation. Stormwater runoff regulations require developers to build retention or detention basins to minimize the increases in the runoff rate caused by impervious surfaces and new drainage systems. Generally, each development must not let stormwater leave at a rate higher than what existed under pre-development conditions. Standards for drainage requirements are typical in subdivision regulations. Standards for storm sewers, ditches, culverts, etc., are best set when an area is laid out and developed. Traditionally, the national standard is to require that the local drainage system carry the 10-year storm. Recently, communities are finding that older estimates of the 10-year storm understated the true hazard, so they are addressing larger storms. One problem with requiring the drainage system to carry water away is that runoff increases with urban development. The runoff equivalent of a 10-year storm occurs more frequently, and from smaller storms. The problem is just sent downstream onto someone else’s property. Accordingly, modern subdivision regulations require new developments to ensure that the post- development peak runoff will not be greater than it was under pre-development conditions. This is usually done by constructing retention or detention basins to hold the runoff for a few hours or days, until flows in the system have subsided and the downstream channels can accept the water without flooding. If the storm sewers or roadside ditches cannot handle a heavy rain, the standard subdivision design uses the streets to carry excess runoff. If the flows exceed the streets’ capacity, adjacent properties will flood. Therefore, the third approach to protecting from stormwater flooding is to make sure new buildings are elevated one or two feet above the street or above adjacent grade. 5.6.1 Local Implementation The County’s surface water management standards, within the Public Works Engineering Manual, set requirements for managing runoff from new developments. The standards require the storage and controlled release or retention on-site and infiltration into the ground of excess stormwater runoff from any commercial, industrial, and residential developments such that runoff from the site and peak attenuation rates will not be greater post-development than they were prior to development. The procedure for disposing of excess stormwater runoff varies depending on the Hydrologic Soil Classification of the soils within the proposed development. For pervious soils (types A and B), the required overall stormwater management strategy is on-site retention and infiltration into the ground. For impervious soils (types C and D) or high ground water table areas (types A/D, B/D and C/D) the required overall stormwater management system is providing detention basins to attenuate the peak from the contributory drainage area and to settle solids washed off or eroded. The Public Works Engineering Manual also encourages the use of natural vegetative cover in controlling erosion. The Seminole County Land Development Code provides for two overlay districts that protect the Wekiva River and the Econlockhatchee River by requiring design standards that establish high 197 5 Preventive Measures Seminole County Floodplain Management Plan 59 quality development that is rural, maintains existing vegetation, protects wetlands, and minimizes disturbance to certain species and their habitats. Within the Wekiva River zoning overlay, development activity and the placement or depositing of fill is prohibited within wetlands and the 100-year floodplain. Within the Econlockhatchee zoning overlay, native plants must be used and removal of vegetation minimized in landscaping to the greatest extent practical and peak discharge rates for stormwater BMPs shall not exceed the pre-development rate for the mean annual storm event (24 hour, 2.3 year return period) and the 25-year storm. In some parts of the Econlockhatchee zoning overlay, development is prohibited within 550 feet of the stream’s edge of channels of the Big Econlockhatchee River and the Little Econlockhatchee River except for the creation of wetlands and passive recreational uses. 5.6.2 CRS Credit CRS credit is provided for both higher regulatory standards in the floodplain and stormwater management standards for new developments. Credit is based on how those standards exceed the minimum NFIP requirements. The Public Works Engineering Manual has the following provisions that would be recognized by the CRS (in addition to provisions discussed in previous sections): Standards for retention and detention basis Requirements for erosion and sedimentation control 5.7 Conclusions 1. Installation of new mobile homes appears to be adequately administered to ensure proper tie downs and flood protection. 2. The majority of the comprehensive and land use plans address floodplains and the need to preserve these hazardous areas from intensive development. However, most zoning ordinances do not designate floodprone areas for any special type of land use. 3. Standards in subdivision regulations for public facilities should account for the hazards present at the site. New building sites, streets, and water systems should facilitate access and use by fire and emergency equipment. 4. A percentage of the county’s floodplain is open space in public ownership. Because some of the floodplain is still undeveloped and not preserved as open space preventive measures can have a great impact on future flood damages. There are more opportunities to preserve more open space, especially when new developments are proposed. 5. The County’s floodplain development and stormwater management regulations exceed minimum national and state standards in many areas and will be helpful in preventing flood problems from increasing. 5.8 Recommendations 1. The County planning and engineering staff should develop example subdivision ordinance language that requires new infrastructure to have hazard mitigation provisions, such as: a. Buried utility lines and 198 5 Preventive Measures Seminole County Floodplain Management Plan 60 b. Storm shelters in new mobile home parks. 2. The County should use every opportunity to preserve floodplain areas as open space or other uses compatible with the flooding hazard. 3. The County should consider increasing the freeboard requirement by six (6) inches, from one (1) foot above the base flood elevation (BFE) to 1.5 ft. above BFE. 4. The County should continue to enforce its existing regulations for development and mobile homes and consider other higher standards to further protect the residents of Seminole County. 5.9 References 1. CRS Coordinator’s Manual, FEMA, 2017. 2. Design and Construction Guidance for Community Shelters, FEMA, 2000. 3. Manufactured Home Installation in Flood Hazard Areas, FEMA, 1985. 4. Multi-Hazard Identification and Risk Assessment, FEMA, 1997. 5. Seminole County Code of Ordinances and Land Development Code, Seminole County. 6. Subdivision Design in Flood Hazard Areas, American Planning Association and FEMA, PAS Report 473, 1997. 7. Floodplain Management in Florida Quick Guide, FDEM Bureau of Mitigation, 2017. 199 6 Property Protection Measures Seminole County Floodplain Management Plan 61 6 Property Protection Measures Property protection measures are used to modify buildings or property subject to damage. Property protection measures fall under three approaches: Modify the site to keep the hazard from reaching the building, Modify the building so it can withstand the impacts of the hazard, and Insure the property to provide financial relief after the damage occurs. Property protection measures are normally implemented by the property owner, although in many cases technical and financial assistance can be provided by a government agency. These are discussed later in this chapter. 6.1 Keeping the Hazard Away Generally, natural hazards do not damage vacant areas. As noted earlier, the major impact of hazards is to people and improved property. In some cases, properties can be modified so the hazard does not reach the damage-prone improvements. For example, a berm can be built to prevent floodwaters from reaching a house. 6.1.1 Flooding There are five common methods to keep a flood from reaching and damaging a building: 1. Erect a barrier between the building and the source of the flooding. 2. Move the building out of the floodprone area. 3. Elevate the building above the flood level. 4. Demolish the building. 5. Replace the building with a new one that is elevated above the flood level. 6.1.2 Barriers A flood protection barrier can be built of dirt or soil (a “berm”) or concrete or steel (a “floodwall”). Careful design is needed so as not to create flooding or drainage problems on neighboring properties. Depending on how porous the ground is, if floodwaters will stay up for more than an hour or two, the design needs to account for leaks, seepage of water underneath, and rainwater that will fall inside the perimeter. This is usually done with a sump or drain to collect the internal groundwater and surface water and a pump and pipe to pump the internal drainage over the barrier. Figure 31: Flood Protection Barrier 200 6 Property Protection Measures Seminole County Floodplain Management Plan 62 Barriers can only be built so high. They can be overtopped by a flood higher than expected. Barriers made of earth are susceptible to erosion from rain and floodwaters if not properly sloped, covered with grass, and properly maintained. A berm can also settle over time, lowering its protection level. A floodwall can crack, weaken, and lose its watertight seal. Therefore, barriers need careful design and maintenance (and insurance on the building, in case of failure). 6.1.3 Relocation Moving a building to higher ground is the surest and safest way to protect it from flooding. While almost any building can be moved, the cost increases for heavier structures, such as those with exterior brick and stone walls, and for large or irregularly shaped buildings. However, experienced building movers can handle any job. In areas subject to flash flooding, deep waters, or other high hazard, relocation is often the only safe approach. Relocation is also preferred for large lots that include buildable areas outside the floodplain or where the owner has a new flood-free lot (or portion of the existing lot) available. 6.1.4 Building Elevation Raising a building above the flood level can be almost as effective as moving it out of the floodplain. Water flows under the building, causing little or no damage to the structure or its contents. Raising a building above the flood level is cheaper than moving it and can be less disruptive to a neighborhood. Elevation has proven to be an acceptable and reasonable means of complying with floodplain regulations that require new, substantially improved, and substantially damaged buildings to be elevated above the base flood elevation. One concern with elevation is that it may expose the structure to greater impacts from other hazards. If not braced and anchored properly, an elevated building may have less resistance to the shaking of an earthquake and the pressures of high winds. 201 6 Property Protection Measures Seminole County Floodplain Management Plan 63 6.1.5 Demolition Some buildings, especially heavily damaged or repetitively flooded ones, are not worth the expense to protect them from future damages. It is cheaper to demolish them and either replace them with new, flood protected structures, or relocate the occupants to a safer site. Demolition is also appropriate for buildings that are difficult to move – such as larger, slab foundation or masonry structures – and for dilapidated structures that are not worth protecting. Generally, demolition projects are undertaken by a government agency, so the cost is not borne by the property owner, and the land is converted to public open space use, like a park. One problem that sometimes results from an acquisition and demolition project is a “checkerboard” pattern in which nonadjacent properties are acquired. This can occur when some owners, especially those who have and prefer a waterfront location, are reluctant to leave their homes. Creating such an acquisition pattern in a community simply adds to the maintenance costs that taxpayers must support. 6.1.6 Pilot Reconstruction If a building is not in good shape, elevating it may not be worthwhile or it may even be dangerous. An alternative is to demolish the structure and build a new one on the site that meets or exceeds all flood and wind protection codes. This was formerly known as “demo/rebuild.” FEMA funding programs refer to this approach as “pilot reconstruction.” It is still a pilot program, and is not always funded. Certain rules must be followed to qualify for federal funds for pilot reconstruction: Pilot reconstruction is only possible after it has been shown that acquisition or elevation are not feasible, based on the program’s criteria. Funds are only available to people who owned the property at the time of the event for which funding is authorized. It must be demonstrated that the benefits exceed the costs. The new building must be elevated to the advisory base flood elevation. The new building must not exceed more than 10% of the old building’s square footage. The new building must meet all flood and wind protection codes. There must be a deed restriction that states the owner will buy and keep a flood insurance policy. The maximum federal grant is 75% of the cost, up to $150,000. FEMA is developing a detailed list of eligible costs to ensure that disaster funds are not used to upgrade homes. 202 6 Property Protection Measures Seminole County Floodplain Management Plan 64 6.1.7 Local Implementation Seminole County has had experience with acquisition, demolition, or elevation to protect buildings from flooding. The County has received grants from FEMA to manage these programs. The County is currently in the process of removing structures from the floodplain. 6.1.8 CRS Credit The CRS provides the most credit points for acquisition and relocation, because this measure permanently removes insurable buildings from the floodplain. The CRS credits barriers and elevating existing buildings (Activity 530 – Flood Protection). Elevating a building above the flood level will also reduce the flood insurance premiums on that individual building. Because barriers are less secure than elevation, not as many points are provided. Higher scores are possible, but they are based on the number of buildings removed compared to the number remaining in the floodplain. 6.2 Retrofitting An alternative to keeping the hazard away from a building is to modify or retrofit the site or building to minimize or prevent damage. There are a variety of techniques to do this, as described below. 6.2.1 Dry Floodproofing Dry floodproofing entails making all areas below the flood protection level watertight. Walls are coated with waterproofing compounds or plastic sheeting. Openings, such as doors, windows and vents, are closed, either permanently, with removable shields, or with sandbags. Dry floodproofing of new and existing nonresidential buildings in the regulatory floodplain is permitted under state, FEMA and local regulations. Dry floodproofing of existing residential buildings in the floodplain is also permitted as long as the building is not substantially damaged or being substantially improved. Owners of buildings located outside the regulatory floodplain can always use dry floodproofing techniques. Dry floodproofing is only effective for shallow flooding, such as repetitive drainage problems. It does not protect from the deep flooding along lakes and larger rivers caused by hurricanes or other storms. Figure 32: Dry Floodproofing 203 6 Property Protection Measures Seminole County Floodplain Management Plan 65 6.2.2 Wet Floodproofing The alternative to dry floodproofing is wet floodproofing: water is let in and everything that could be damaged by a flood is removed or elevated above the flood level. Structural components below the flood level are replaced with materials that are not subject to water damage. This is the approach used for the first floor of the elevated homes described in the previous section. For example, concrete block walls are used instead of wooden studs and gypsum wallboard. The furnace, water heater and laundry facilities are permanently relocated to a higher floor. Where the flooding is not deep, these appliances can be raised on blocks or platforms. This practice is not generally used in central and southern Florida where most structures are slab on grade. 6.2.3 Local Implementation It is likely that some properties in Seminole County have been retrofitted to protect them from flooding. However, because these projects are often so small, they generally do not require a building permit and there are no records of them. 6.2.4 CRS Credit Credit for dry and wet floodproofing is provided under Activity 530 – Retrofitting. Because these property protection measures are less secure than barriers and elevation, not as many points are provided. 6.3 Insurance Technically, insurance does not mitigate damage caused by a natural hazard. However, it does help the owner repair, rebuild, and hopefully afford to incorporate some of the other property protection measures in the process. Insurance offers the advantage of protecting the property, as long as the policy is in force, without human intervention for the measure to work. 6.3.1 Private Property Although most homeowner’s insurance policies do not cover a property for flood damage, an owner can insure a building for damage by surface flooding through the NFIP. Flood insurance coverage is provided for buildings and their contents damaged by a “general condition of surface flooding” in the area. Most people purchase flood insurance because it is required by the bank when they get a mortgage or home improvement loan. Usually these policies just cover the building’s structure and not the contents. Renters can buy contents coverage, even if the owner does not buy structural coverage on the building. The 2018 Insurance Information Institute Pulse survey found Building Exposure Premium In the Special Flood Hazard Area (AE Zone)$1,689 Pre-FIRM ("subsidized") rate Post-FIRM (actuarial) rates 2 feet above the base flood elevation $440 1 foot above the base flood elevation $643 At the base flood elevation $1,167 1 foot below the base flood elevation $4,379 Outside the Special Flood Hazard Area $1,029 Premiums are for $150,000 in building coverage and $75,000 in contents coverage for a one-story house with no basement and a $500 deductible, using the October 2008 Flood Insurance Manual. Premiums include the 5% Community Rating System discount. Premiums are higher for local governments that do not participate in the CRS. Figure 33: Example Flood Insurance Premiums 204 6 Property Protection Measures Seminole County Floodplain Management Plan 66 that 15 percent of American homeowners had a flood insurance policy, up from 12 percent who had the coverage in 2016. 6.3.2 Public Property Governments can purchase commercial insurance policies. Larger local governments often self- insure and absorb the cost of damage to one facility, but if many properties are exposed to damage, self-insurance can drain the government’s budget. Communities cannot expect federal disaster assistance to make up the difference after a flood. Under Section 406(d) of the Stafford Act: “If an eligible insurable facility damaged by flooding is located in a [mapped floodplain] … and the facility is not covered (or is underinsured) by flood insurance on the date of such flooding, FEMA is required to reduce Federal disaster assistance by the maximum amount of insurance proceeds that would have been received had the buildings and contents been fully covered under a National Flood Insurance Program (NFIP) standard flood insurance policy. [Generally, the maximum amount of proceeds for a non- residential property is $500,000.] [Communities] Need to: Identify all insurable facilities, and the type and amount of coverage (including deductibles and policy limits) for each. The anticipated insurance proceeds will be deducted from the total eligible damages to the facilities. Identify all facilities that have previously received Federal disaster assistance for which insurance was required. Determine if insurance has been maintained. A failure to maintain the required insurance for the hazard that caused the disaster will render ineligible for Public Assistance funding… [Communities] must obtain and maintain insurance to cover [their] facility – buildings, equipment, contents and vehicles – for the hazard that caused the damage in order to receive Public Assistance funding. Such coverage must, at a minimum, be in the amount of the eligible project costs. FEMA will not provide assistance for that facility in future disasters if the requirement to purchase insurance is not met. – FEMA Response and Recovery Directorate Policy No. 9580.3, August 23, 2000 In other words, the law expects public agencies to be fully insured as a condition of receiving federal disaster assistance. 6.3.3 Local Implementation NFIP flood insurance is available in Seminole County. As of October 2, 2020, there were 4,109 flood insurance policies in Seminole County. These policies are shown in Table 11 on the next page and shown by occupancy of building in Table 12. 205 6 Property Protection Measures Seminole County Floodplain Management Plan 67 Table 11: Flood Insurance Policies in Seminole County Total Number of Policies 4,109 Total Premiums $2,105,881 Insurance in Force $1,218,941,100 Number of Closed Paid Losses 520 $ Value of Closed Paid Losses $7,827,333.10 Table 12: Flood Insurance Policies by Occupancy in Seminole County The number of flood insurance policies by FEMA flood zone is also available, as shown in TablesTable 13: Flood Insurance Policies by Flood Zone and 14, below. Table 13: Flood Insurance Policies by Flood Zone Pre-FIRM Post-FIRM Total Zone Policies in Force Insurance in Force Policies in Force Insurance in Force Policies in Force Insurance in Force A Zones 438 $109,565,700 758 $200,711,500 1,196 $310,277,200 V Zones 0 $0 0 $0 0 $0 X Zones 635 $187,758,900 2,215 $704,865,000 2,850 $892,623,900 Table 14: Number and Value of Losses by Flood Zone Pre-FIRM Post-FIRM Total Zone Number of Closed Paid Losses Value of Closed Paid Losses Number of Closed Paid Losses Value of Closed Paid Losses Number of Closed Paid Losses Value of Closed Paid Losses A Zones 142 $3,259,941.30 168 $2,386,105.72 310 $5,646,047.02 V Zones 0 $0 0 $0 0 $0 X Zones 91 $1,392,710.91 109 $774,486.10 200 $2,167,197.01 Occupancy Policies in Force Insurance in Force Number of Closed Paid Losses Value of Closed Paid Losses Single Family 3,820 $1,811,705 491 $7,235,605.06 2-4 Family 32 $7,962 2 $0 All Other Residential 147 $47,516 5 $0 Non-Residential 110 $238,698 22 $591,728.04 Total 4,109 $2,105,881 520 $7,827,333.10 206 6 Property Protection Measures Seminole County Floodplain Management Plan 68 6.3.4 CRS Credit There is no credit for purchasing flood insurance, but the CRS does provide credit for local public information programs that explain flood insurance to property owners. The CRS also reduces the premiums for those people who do buy NFIP coverage. 6.4 The Government’s Role Property protection measures are usually considered the responsibility of the property owner. However, local governments should be involved in all strategies that can reduce flood losses, especially acquisition and conversion of a site to public open space. There are various roles a county or municipality can play in encouraging and supporting implementation of these measures. 6.4.1 Government Facilities One of the first duties of a local government is to protect its own facilities. Fire stations, water treatment plants and other critical facilities should be a high priority for retrofitting projects and insurance coverage. Often public agencies discover after the disaster that their “all-hazard” insurance policies do not cover the property for the type of damage incurred. Flood insurance is even more important as a mitigation measure because of the Stafford Act provisions discussed above. 6.4.2 Public Information Providing basic information to property owners is the first step in supporting property protection measures. Owners need general information on what can be done. They need to see examples, preferably from nearby. Public information activities that can promote and support property protection are covered in Chapter 10. 6.4.3 Financial Assistance Communities can help owners by helping to pay for a retrofitting project. Financial assistance can range from full funding of a project to helping residents find money from other programs. Some communities assume responsibility for sewer backups, street flooding, and other problems that arise from an inadequate public sewer or public drainage system. Less expensive community programs include low interest loans, forgivable low interest loans and rebates. A forgivable loan is one that does not need to be repaid if the owner does not sell the house for a specified period, such as five years. These approaches don’t fully fund the project, but they cost the community less and they increase the owner’s commitment to the flood protection project. Often, small amounts of money act as a catalyst to pique the owner’s interest to get a self-protection project moving. The more common outside funding sources are listed below. Unfortunately, the last three are only available after a disaster, not before, when damage could be prevented. Following past disaster declarations, FEMA and the Florida Division of Emergency Management have provided advice on how to qualify and apply for these funds. Pre-disaster funding sources: 207 6 Property Protection Measures Seminole County Floodplain Management Plan 69 FEMA’s Building Resilient Infrastructure and Communities (BRIC) (administered by the Florida Division of Emergency Management) FEMA’s Flood Mitigation Assistance (FMA) grants (administered by the Florida Division of Emergency Management) Community Development Block Grants (administered by the Florida Division of Housing and Community Development) The Florida Department of Environmental Protection grant programs Conservation organizations, although generally these organizations prefer to purchase vacant land in natural areas, not properties with buildings on them. Post-disaster funding sources: Insurance claims The NFIP’s Increased Cost of Compliance (ICC). This provision increases a flood insurance claim payment to help pay for a flood protection project required by code as a condition to rebuild the flooded building. It can also be used to help pay the non-federal cost-share of an elevation project. Post-disaster funding sources, federal disaster declaration needed FEMA’s disaster assistance (for public properties). However, the amount of assistance will be reduced by the amount of flood insurance that the public agency should be carrying on the property. (administered by the Florida Division of Emergency Management) Small Business Administration disaster loans (for non-governmental properties) FEMA’s Hazard Mitigation Grant Program (HMGP) (administered by the Florida Division of Emergency Management) 6.4.4 Acquisition Agent The community can be the focal point in an acquisition project. Most funding programs require a local public agency to sponsor the project. The local government could process the funding application, work with the owners, and provide some, or all, of the local share. In some cases, the local government would be the ultimate owner of the property, but in other cases another public agency, such as Florida State Parks, could assume ownership and the attendant maintenance responsibilities. Property Protection Rebates The Village of South Holland, Illinois received national recognition for its rebate program to help property owners fund retrofitting projects that protect against surface and subsurface flooding. If a project is approved, installed and inspected, the Village will reimburse the owner 25% of the cost up to $2,500. Over 450 floodproofing and sewer backup protection projects have been completed under this program. Perhaps not surprisingly, contractors have become some of the best agents to publicize this program. 208 6 Property Protection Measures Seminole County Floodplain Management Plan 70 6.4.5 Mandates Mandates are considered a last resort if information and incentives are insufficient to convince a property owner to take protective actions. An example of a retrofitting mandate is the requirement that communities have to disconnect downspouts from the sanitary sewer line. There is a mandate for improvements or repairs made to a building in the mapped floodplain. If the project equals or exceeds 50% of the value of the original building, it is considered a “substantial improvement.” The building must then be elevated or otherwise brought up to current flood protection codes. Another possible mandate is to require less expensive hazard protection steps as a condition of a building permit. For example, many communities require upgraded electrical service as a condition of a home improvement project. If a person were to apply for a permit for electrical work, the community could require that the service box be moved above the base flood elevation or the installation of a separate ground fault interrupter circuits in the basement. 6.4.6 Local Implementation As discussed in Chapter 1, there are many critical facilities, most of which are not subject to flooding and have no requirement for protection from flooding. There have most likely been some flood protection measures implemented by homeowners in the County. In the past there has been one demolition/rebuild project and currently Seminole County is in the process of acquiring one residential property through FEMA’s Flood Mitigation Assistance Program. 6.4.7 CRS Credit Except for public information programs, the CRS does not provide credit for efforts to fund, provide incentives, or mandate property protection measures. CRS credits are provided for the actual projects after they are completed. However, to participate in CRS, a community must certify that it has adequate flood insurance on all properties that have been required to be insured. The minimum requirement is to insure those properties in the mapped floodplain that have received federal aid, as specified by the Flood Disaster Protection Act of 1973. 6.5 Repetitive Loss Properties and Analysis Chapter 2 explains the criteria for designation of the County’s repetitive loss areas. These properties deserve special attention because they are more prone to damage by natural hazards than any other properties in the County. Further, protecting repetitive loss buildings is a priority with FEMA and Florida Division of Emergency Management mitigation funding programs. Flood insurance policies and paid amounts for repetitive loss properties in Seminole County are shown in Table 15 on the next page. 209 6 Property Protection Measures Seminole County Floodplain Management Plan 71 Table 15: Flood Insurance for Repetitive Loss Properties A Zones V Zones X Zones Total RL Buildings 32 0 8 40 RL Losses 74 0 19 93 RL Total Payments $2,805,061.07 $0 $328,953.04 $3,134,014.11 Building Payments $2,433,122.49 $0 $248,446.62 $2,681,569.11 Contents Payments $371,938.58 $0 $80,506.42 $452,445.00 6.6 Conclusions 1. There are several ways to protect individual properties from damage by natural hazards. The advantages and disadvantages of each should be examined for each situation. 2. Property owners can implement some property protection measures at little cost, especially for sites in areas of low hazards (e.g., shallow flooding, sewer backup, and thunderstorms). For other measures, such as relocation and elevation, the owners may need financial assistance. 3. Local government agencies can promote and support property protection measures through several activities, ranging from public information to financial incentives to full funding. 4. It is unlikely that most government properties, including critical facilities, have any special measures to protect them from flooding. 5. Property protection measures can protect the most damage-prone buildings in the County: repetitive loss properties. 6.7 Recommendations 1. Public education materials should be distributed to homeowners, explaining property protection measures that can help owners reduce their exposure to damage by floods and the various types of insurance that are available. 2. Because properties in floodplains will be damaged at some point, a special effort should be made to provide information and advice to floodplain property owners. Special attention should be given to repetitive loss and high hazard areas. 3. All property protection projects should be voluntary. Other than state and federally mandated regulations, local incentives should be positive as much as possible, such as providing financial assistance. 4. Seminole County should evaluate its own properties’ vulnerability. A priority should be placed on determining critical facilities’ vulnerability to damage and whether public properties are adequately insured. 5. Seminole County should protect its own publicly owned facilities with appropriate mitigation measures. 210 6 Property Protection Measures Seminole County Floodplain Management Plan 72 6. Seminole County should establish cost sharing programs, such as rebates, to encourage low cost (under $10,000) property protection measures on private property, for example: Surface and subsurface drainage improvements, Berms and regrading for shallow surface flooding, and Relocating heating and air conditioning units above the base flood elevation. 7. The County should seek state and federal funding support for higher cost measures, such as elevation, relocation and acquisition of high priority properties. High priority properties are: Those properties in repetitive loss areas. Critical facilities in the floodway or subject to flood depths of more than two feet. 6.8 References 1. Engineering Principles and Practices for Retrofitting Flood Prone Residential Structures, FEMA, FEMA-259, 2012. 2. Flood Insurance Agent’s Manual, FEMA, 2000. 3. National Flood Insurance Policies in Force in Florida by County, Insurance Information Institute, 2017 4. Flood Proofing Techniques, Programs and References, U.S. Army Corps of Engineers National Flood Proofing Committee, 1991. 5. Homeowner’s Guide to Retrofitting: Six Ways to Protect Your House from Flooding. FEMA, FEMA-312, 3rd Edition 2014. 6. Local Flood Proofing Programs, U.S. Army Corps of Engineers, 1994. 211 7 Natural Resource Protection Seminole County Floodplain Management Plan 73 7 Natural Resource Protection Resource protection activities are generally aimed at preserving (or in some cases restoring) natural areas. These activities enable the naturally beneficial functions of fields, floodplains, wetlands, and other natural lands to operate more effectively. Natural and beneficial functions of watersheds, floodplains and wetlands include: Reduction in runoff from rainwater in pervious areas Infiltration that absorbs overland flood flow Removal and filtering of excess nutrients, pollutants and sediments Storage of floodwaters Absorption of flood energy and reduction in flood scour Water quality improvement Groundwater recharge Habitat for flora and fauna Recreational and aesthetic opportunities As development occurs, many of the above benefits can be achieved through regulatory steps for protecting natural areas or natural functions. The regulatory programs are discussed in Chapter 5 – Preventive Measures. This chapter covers the resource protection programs and standards that can help mitigate the impact of natural hazards, while they improve the overall environment. Seven areas are reviewed: Wetland protection Erosion and sedimentation control River restoration Best management practices Dumping regulations Urban forestry Farmland protection 7.1 Wetland Protection Wetlands are often found in floodplains and depressional areas of a watershed. Many wetlands receive and store floodwaters, thus slowing and reducing downstream flows. They also serve as a natural filter, which helps to improve water quality, and they provide habitat for many species of fish, wildlife and plants. Wetlands that are determined to be part of the waters of the United States are regulated by the U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency (US EPA) under Section 404 of the Clean Water Act. Before a “404” permit is issued, the plans are reviewed by 212 7 Natural Resource Protection Seminole County Floodplain Management Plan 74 several agencies, including the Corps and the U.S. Fish and Wildlife Service. Each of these agencies must sign off on individual permits. There are also nationwide permits that allow small projects that meet certain criteria to proceed without individual permits. Wetlands not included in the Corps’ jurisdiction or that are addressed by a nationwide permit may be regulated against by local authorities. If a permit is issued by the Corps or the County, the impact of the development is typically required to be mitigated. Wetland mitigation can include creation, restoration, enhancement or preservation of wetlands elsewhere. Wetland mitigation is often accomplished within the development site, however, mitigation is allowed off-site and sometimes in another watershed. The appropriate type of mitigation is addressed in each permit. Some developers and government agencies have accomplished the required mitigation by buying into a wetland bank. Wetland banks are large wetlands created for the purpose of mitigation. The banks accept money to reimburse the owner for setting the land aside from development. When a wetland is mitigated at a separate site there are drawbacks to consider. First, it takes many years for a new wetland to approach the same quality as an existing one. Second, a new wetland in a different location (especially if it is in a different watershed) will not have the same flood damage reduction benefits as the original one did. 7.1.1 Local Implementation Seminole County’s Land Development Code includes a “Wetlands Overlay Zoning Classification” in which all property containing a wetland of a half-acre or larger, any wetlands with a direct hydrologic connection a half-acre or larger, and their adjacent areas are included. The zoning classification strives to protect wetland functions by minimizing disruption of wetlands by development activities, regulating development activities on wetlands according to wetland significance, and providing for mitigation measures for wetlands development on a site- specific basis. Wetlands less than a half-acre may not require such mitigation, unless they are located in the Econlockhatchee River Basin Zone or the Wekiva River Protection Area. No loss of wetlands is permitted in these areas. Wetland and surface water impacts require a state permit from the Florida Department of Environment Protection or, if the parcel is within the Wekiva River Protection Area, it is Wetlands in the Lake Jesup Wilderness Area in Seminole County, Florida 213 7 Natural Resource Protection Seminole County Floodplain Management Plan 75 permitted through the St. Johns River Water Management District. County permits are also required. In addition, Seminole County’s Natural Lands Program preserves and manages natural areas within Seminole County, including wetlands, to enhance or promote biodiversity, wildlife corridors, water resources, and passive resource-based recreation. Since the program began in 1990, Seminole County has purchased over 6,600 acres of natural land. The County’s Comprehensive Plan adopts a policy to regulate wetlands to protect and sustain their functions and values, and states that in conjunction with the Land Development Code, the County “will evaluate the need to provide additional criteria which will allow for mitigation of impacts to wetlands caused by the development actions.” The Comprehensive Plan calls for the establishment of a County-run comprehensive wetland mitigation program partly funded by fees in lieu of performing mitigation. 7.1.2 CRS Credit CRS focuses on activities that directly affect flood damage to insurable buildings. While there is no credit for relying on the Corps of Engineers’ 404 regulations, there is credit for preserving open space in its natural condition or restored to a state approximating its natural condition. The credit is based on the percentage of the floodplain that can be documented as wetlands protected from development by ownership or local regulations. 7.2 Erosion and Sedimentation Control Farmlands and construction sites typically contain large areas of bare exposed soil. Surface water runoff can erode soil from these sites, sending sediment into downstream waterways. Erosion also occurs along streambanks and shorelines as the volume and velocity of flow or wave action destabilize and wash away the soil. Sediment suspended in the water tends to settle out where flowing water slows down. This can clog storm drains, drain tiles, culverts and ditches and reduce the water transport and storage capacity of river and stream channels, lakes and wetlands. When channels are constricted and flooding cannot deposit sediment in the bottomlands, even more sediment is left in the channels. The result can be clogged streams and increased dredging costs. Not only are the drainage channels less able to perform their job, but the sediment in the water reduces light, oxygen and water quality, and often carries chemicals, heavy metals and other pollutants. Sediment has been identified by the US EPA as the nation’s number one nonpoint source pollutant for aquatic life. There are two principal strategies to address these problems: minimize erosion and control sedimentation. Techniques to minimize erosion include phased construction, minimal land clearing, and stabilizing bare ground as soon as possible with vegetation and other soil stabilizing practices. Best management practices for agriculture activities can also be implemented. Figure 35: Straw Bales Figure 36: Straw Bales 214 7 Natural Resource Protection Seminole County Floodplain Management Plan 76 If erosion occurs, other measures are used to capture sediment before it leaves the site. Silt fences, sediment traps and vegetated filter strips are commonly used to control sediment transport. Runoff from the site can be slowed down by terraces, contour strip farming, no-till farm practices, hay or straw bales, constructed wetlands, and impoundments (e.g., sediment basins and farm ponds). Slowing surface water runoff on the way to a drainage channel increases infiltration into the soil and reduces the volume of topsoil eroded from the site. Erosion and sedimentation control regulations mandate that these types of practices be incorporated into construction plans. They are usually oriented toward construction sites rather than farms. The most common approach is to require applicants for permits to submit an erosion and sediment control plan for the construction project. This allows the applicant to determine the best practices for the site. 7.2.1 Local Implementation Erosion and sediment control requirements and Best Management Practices (BMPs) are referenced in the Seminole County Public Works Engineering Manual. Erosion control measures are to be designed so that local, state and federal water quality standards are achieved prior to discharge from a site. Best management practices are to be incorporated during construction in accordance with Rule 62-25.025, Florida Administrative Code, and other applicable statutes or codes. All surface water discharge from a site, including dewatering discharge, must meet state water quality criteria (Rule 62-302, Florida Administrative Code) unless temporarily exempted by specific permit conditions. 7.2.2 CRS Credit Seminole County’s Surface Water Management Standards include erosion and sedimentation control provisions and should qualify for 40 points, the maximum credit available. 7.3 Lake and Stream Restoration Stream conservation, riparian corridor restoration, lake management, and lake shoreline restoration are all objectives to returning lakes and streams, including adjacent lands, to a more natural condition. Another term is “ecological restoration,” which restores native beneficial plants and animals to an area. A key components of these efforts is to use appropriate native plantings along the shoreline of lakes or banks of streams for erosion prevention. This may involve retrofitting the lake shoreline or stream bank with native plantings, installing rolls of landscape material covered with a natural fabric that decomposes after the banks are stabilized with plant roots, or armoring areas with underground structures (such as geofabrics) to conserve sediment and vegetation loss due to erosion. In addition, restoring natural meanders of a streams are integral to reduce water velocity and flow and allow for natural deposition of sediment to occur where decomposition of organics is promoted. These efforts follow the purpose of The Plan to reduce safety hazards, health hazards, and property damage caused by floods. 215 7 Natural Resource Protection Seminole County Floodplain Management Plan 77 The Plan fulfills the federal mitigation planning requirements, qualifies for CRS credit, and provides the County with a blueprint for reducing the impacts of these flood hazards on people, property, and public health. In all, restoration to lakes and streams has the following advantages: Reduces the amount of sediment and pollutants entering the water Reduces harmful algae blooms potential by mitigation nutrients Enhances aquatic habitat Provides food and shelter for both aquatic and terrestrial wildlife Can reduce flood damage by slowing the velocity of water Increases the beauty of the land and its property value Prevents property loss due to erosion Provides recreational opportunities, such as hunting, fishing and bird watching Reduces long-term maintenance costs Studies have shown that after establishing the right vegetation, long-term maintenance costs are lower than if the banks were concrete or a monoculture of grass. The Natural Resources Conservation Service estimates that over a ten-year period, the combined costs of installation and maintenance of a natural landscape may be one-fifth of the cost for conventional landscape maintenance, e.g., mowing turf grass. Figure 37: Aquatic and Riparian Buffer Plant Zones 216 7 Natural Resource Protection Seminole County Floodplain Management Plan 78 7.3.1 Local Implementation Seminole County has been active in pursuing and completing lake and stream restoration projects. Seminole County Lake Management Program (SCLMP) offers options that are understandable, and responsive to undesirable lake conditions affecting water quality and biological habitats for insects, fish, birds, etc. This program conducts detailed lake assessment and restoration studies, prepares reports analyzing the condition of county lakes, provides public education and technical assistance to lake groups and lakeside residents, and provides actions to control invasive aquatic plants via technical aquatic plant management plans. Basic Components of SCLMP include: • Provide Biological and Water Quality Diagnosis – To assess the extent of eutrophication and evaluate trends in water quality conditions. • Conduct Watershed Assessment – A detailed evaluation of important watershed features, such as land uses and soil types, is conducted to identify active or potential sources of pollution that need to be addressed to protect and improve lake water quality. • Develop Lake Management Plan – The results of the water quality diagnosis and watershed assessment are used to evaluate methods to remediate undesirable lake conditions and to manage pollution sources in the lake watershed. The plan identifies the most cost effective ways to achieve water quality objectives. • Provide Plan Implementation – The lake management plan may involve one or more of a variety of technologies including sediment dredging, weed harvesting, artificial aeration, grass carp fish, and aquatic herbicide treatments. Watershed management invariably involves the implementation of BMPs for non-point sources of pollution. (Examples are improved shoreline vegetation, routine catch basin cleanouts, and installation of stormwater treatment technology). Volunteers have contributed an average of 1,787 hours per year restoring shorelines. These volunteer efforts have installed an average of 31,836 native plants per year and removed an average of 14.84 cubic yards of invasive plants. Community participation is an integral component of the Lake Restoration Program. The development of a successful lake management program is dependent on active community participation. SCLMP is very active in meeting with property owners, lake associations, and professional officials to promote and assist in various lake management projects. 7.3.2 CRS Credit The Community Rating System focuses on activities that directly affect flood damage to insurable buildings. However, there are credits for preserving open space in its natural condition or restored to a state approximating its natural condition. There are also credits for channel setbacks, buffers and protecting shorelines. 7.4 Stormwater Best Management Practices Point source pollutants come from pipes such as the outfall of a municipal wastewater treatment plant. They are regulated by the US EPA and the Florida Department of Environmental Protection. Nonpoint source pollutants come from non-specific locations and are harder to 217 7 Natural Resource Protection Seminole County Floodplain Management Plan 79 regulate. Examples of nonpoint source pollutants are lawn fertilizers, pesticides, grass clippings, other chemicals, animal wastes, oils from street surfaces and industrial areas, and sediment from agriculture, construction, mining and forestry. These pollutants are washed off the ground’s surface by stormwater and flushed into receiving storm sewers, ditches, streams, and lakes. The term “best management practices” (BMPs) refers to design, construction and maintenance practices and criteria that minimize the impact of stormwater runoff through these management techniques. By mitigating rate/volume of runoff through various recognized BMPs, erosion prevention, natural resource protection, and capturing nonpoint source pollutants (including sediment) can be achieved. BMPs can prevent increases in downstream flooding by attenuating runoff and enhancing infiltration of stormwater. They also minimize water quality degradation causing hazardous algal blooms, preserve beneficial natural features onsite, maintain natural base flows, minimize habitat loss, improve ecological diversity, and provide multiple usages of drainage and storage facilities. 7.4.1 Local Implementation Surface water management standards for Seminole County are stipulated in Chapter 2 of the Seminole County Public Works Engineering Manual. These Standards establish the minimum criteria for the design, construction and maintenance for all Land Development projects within Seminole County. All design, construction and maintenance for public and private Surface Water Management Systems used for the conveyance of storm water must conform to requirements of the St. Johns River Water Management District (SJRWMD), the Florida Department of Environmental Protection (FDEP), and the Florida Department of Transportation (FDOT). The Surface Water Management Standards must be consistent with Florida law. Consequently, all standards must be consistent with the latest rules of the SJRWMD set forth in Rules 40C-4, 40C-40, 40C-41, 40C-42, 40C-44, and 40C-400, Florida Administrative Code, FDOT’s rules set forth in Rule 14-86, Florida Administrative Code (if FDOT Drainage Permit required), and FDEP’s rules set forth in Rule 62-25, Florida Administrative Code. Chapter 373, Florida Statutes, must be met as applicable. These State standards are set as minimum requirements and do not supersede Seminole County requirements if these State standards are less stringent. If not covered in these standards all Federal, State and local regulations are applicable. Any reduction in the minimum criteria of the Seminole County Surface Water Management Standards must be reviewed and approved by the County Engineer or his or her designee. The County is also the permittee of a National Pollutant Discharge Elimination System (NPDES) Phase I Municipal Separate Storm Sewer System (MS4) permit (FLS000038). This permit regulates discharges of stormwater runoff from the publicly-owned stormwater system. Seminole County has implemented a Stormwater Management Program that includes pollution prevention measures, stormwater treatment BMPs, monitoring, education and other appropriate means to control the quality of stormwater discharged from the MS4. 7.4.2 CRS Credit Under Activity 450 – Stormwater Management, credit is given for both water quality and water quantity. Water quality credit under activity is given to a community who implements best management practices. 218 7 Natural Resource Protection Seminole County Floodplain Management Plan 80 Figure 38: BMPs and Stormwater 7.5 Pollution Regulations BMPs usually address pollutants that are liquids or are suspended in water that are washed into a lake or stream. Dumping regulations address solid matter, such as shopping carts, appliances and landscape waste that can be accidentally or intentionally thrown into channels or wetlands. Such materials may not pollute the water, but they can obstruct even low flows and reduce the channels’ and wetlands’ abilities to convey or clean stormwater. Many cities have nuisance ordinances that prohibit dumping garbage or other “objectionable waste” on public or private property. Waterway dumping regulations need to also apply to “nonobjectionable” materials, such as grass clippings or tree branches, which can kill ground cover or cause obstructions in channels. Regular inspections to catch violations should be scheduled. Many people do not realize the consequences of their actions. They may, for example, fill in the ditch in their front yard without realizing that is needed to drain street runoff. They may not understand how regrading their yard, filling a wetland, or discarding leaves or branches in a watercourse can cause a problem to themselves and others. Therefore, a dumping enforcement program should include public information materials that explain the reasons for the rules as well as the penalties. 219 7 Natural Resource Protection Seminole County Floodplain Management Plan 81 7.5.1 Local Implementation Seminole County has several ordinances that prohibit the pollution of air and water resources and prevent dumping or illicit discharges. Chapter 205 – Pollution Control. This ordinance adopted the pollution control requirements of the Florida Air and Water Pollution Control Act as amended (Chapter 403, F.S.). Part 2 of the ordinance references pollution of drainage ditches, prohibiting the dumping of any refuse matter or effluent into County drainage ditches. Chapter 270, Part 9 – Storm Sewer System Discharges. This ordinance regulates the non- stormwater discharges to the storm drainage system to the maximum extent practicable as required by federal and state law and establishes methods for controlling the introduction of pollutants into the County's municipal separate storm sewer system (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. Section 270.402 specifically prohibits illicit discharges and illicit connections to the County’s drainage system. Certain discharges are exempt from discharge prohibitions, such as water line flushing, landscape irrigation and air conditioning condensation (Sec. 270.397(a)(1)). Chapter 235 – Solid Waste. This ordinance stipulates that solid waste shall be disposed of only at County designated disposal facilities. Chapter 95 – Health and Sanitation. Objectionable, unsightly or unsanitary accumulations of garbage, refuse, rubbish, junk or debris are considered nuisances when existing upon lands or premises in the unincorporated area of Seminole County. Seminole County has implemented educational outreach activities and public information materials to educate citizens and business owners about proper disposal of waste and prevent illicit discharges. Seminole County has also established customer service call in numbers and reporting mechanisms through the Seminole Water Atlas (www.seminole.wateratlas.org) to report any pollution or dumping concerns. 7.5.2 CRS Credit The CRS provides up to 30 points for enforcing and publicizing a regulation that prohibits dumping in the drainage system. Seminole County should be eligible for this credit. 7.6 Farmland Protection Farmland protection is quickly becoming an important piece of comprehensive planning and zoning throughout the United States. The purpose of farmland protection is to provide mechanisms for prime, unique, or important agricultural land to remain as such, and to be protected from conversion to nonagricultural uses. Frequently, farm owners sell their land to residential or commercial developers and the property is converted to non-agricultural land uses. With development comes more buildings, roads and other infrastructure. Urban sprawl occurs, which can create additional stormwater runoff and emergency management difficulties. Farms on the edge of cities are often appraised based on the price they could be sold for to urban developers. This may drive farmers to sell to developers because their marginal farm operations cannot afford to be taxed as urban land. The Farmland Protection Program in the United States 220 7 Natural Resource Protection Seminole County Floodplain Management Plan 82 Department of Agriculture’s 2002 Farm Bill (Part 519) allows for funds to go to state, tribal, and local governments as well as nonprofit organizations to help purchase easements on agricultural land to protect against the development of the land. Eligible land includes cropland, rangeland, grassland, pastureland, or forest land that is part of an agricultural operation. Certain lands within historical or archaeological resources are also included. The hazard mitigation benefits of farmland protection are similar to those of open space preservation, as discussed in Chapter 5 – Preventive Measures: Farmland is preserved for future generations, Farmland in the floodplain keeps damageable structures out of harm’s way, Farmland keeps more stormwater on site and lets less stormwater runoff downstream, Rural economic stability and development is sustained, Ecosystems are maintain, restored or enhanced, and The rural character and scenic beauty of the area is maintained. 7.6.1 Local Implementation The policies of the “Future Land Use” element of the County’s Comprehensive Plan include “Protection and preservation of the environment and farmlands.” The “Conservation” element of the plan also emphasizes the protection and preservation of farmlands. In addition, the East Seminole County Scenic Corridor Overlay District Ordinance recognizes that “agricultural activities in East Seminole County are an important historical, cultural and economic resource.” Limited development activities are allowable in this zone, such as agricultural uses and commercial uses designated on the future land use map. Landscaping must be done using native species. 7.6.2 CRS Credit Credit is given for preserving open space in the floodplain, regardless of why it is being preserved. Credit is also provided for low density zoning of floodprone areas. Agricultural zones that require minimum 10- or 20-acre lots would qualify. 7.7 Conclusions 1. A hazard mitigation program can use resource protection programs to support protecting areas and natural features that can mitigate the impacts of natural hazards. 2. The current regulations on wetland protection, erosion and sediment control, and best management practices have effective standards. 3. There are excellent examples of wetland protection and river and shoreline restoration projects managed by Seminole County that demonstrate the benefits of these measures. 4. The County’s Code of Ordinances prohibits illicit discharges into waters of the state and into the County’s Municipal Separate Storm Sewer System (MS4). 5. Preserving farmland in the floodplain will prevent damage to homes, businesses, and other development. 221 7 Natural Resource Protection Seminole County Floodplain Management Plan 83 7.8 Recommendations 1. Seminole County should continue to enforce the wetland protection, erosion and sediment control and BMP provisions of the Surface Water Management Standards. 2. The public and decision makers should be informed about the hazard mitigation benefits of restoring rivers, wetlands and other natural areas. Restoration and protection techniques should be explained. 3. Seminole County should publicize its illicit discharge rules more widely. 4. The public should be informed about the need to protect streams, wetlands, and lakes from dumping and inappropriate development along with the relevant codes and regulations. 7.9 References 1. Banks and Buffers – A Guide to Selecting Native Plants for Streambanks and Shorelines, Tennessee Valley Authority, 1997. 2. CRS Coordinator’s Manual, Community Rating System, FEMA, 2017. 3. Stream Corridor Restoration Principles, Processes and Practices, Federal Interagency Stream Restoration Working Group, 1998. 222 8 Emergency Services Measures Seminole County Floodplain Management Plan 84 8 Emergency Services Measures Emergency services measures protect people during and after a disaster. A good emergency management program addresses all hazards, and it involves all local government departments. At the state level, emergency services programs are coordinated by the Florida Division of Emergency Management. Seminole County emergency services are coordinated through the Seminole County Office of Emergency Management. This chapter reviews emergency services measures following a chronological order of responding to an emergency. It starts with identifying an impending problem (threat recognition) and continues through post- disaster activities. 8.1.1 Threat Recognition The first step in responding to a flood, storm or other natural hazard is knowing when weather conditions are such that an event could occur. With a proper and timely threat recognition system, adequate warnings can be disseminated. Tropical Storms and Hurricanes. The National Weather Service’ National Hurricane Center monitors all tropical storm and hurricane activity. It uses computer models to estimate where the storm will make landfall, the predicted wind speeds, and the likely storm surge levels. These predictions are updated periodically and disseminated to the media and through emergency management channels. The Hurricane Center runs the predicted storm through a computer model called SLOSH (Sea, Lake, and Overland Surges from Hurricanes). This provides information on how deep and how far inland storm surges are expected to be. Floods. A flood recognition system predicts the time and height of the flood crest. This can be done by measuring rainfall, soil moisture, and stream flows upstream of the community and calculating the subsequent flood levels. On larger rivers, this measuring and calculating is performed by the National Weather Service, a part of the U.S. Department of Commerce’s National Oceanic and Atmospheric Administration (NOAA). Support for NOAA’s efforts is provided by cooperating partners from state and local agencies. Forecasts of expected river stages are made through the Advanced Hydrologic Prediction Service (AHPS) of the National Weather Service. Flood threat predictions are disseminated on the NOAA Weather Radio (NWR). NWR is an "All Hazards" radio network, making it a single source for comprehensive weather and emergency information. On smaller rivers, locally established rainfall and river gauges are needed to establish a flood threat recognition system. The National Weather Service may issue a “flash flood watch.” This is Seminole County Office of Emergency Management Mission: Planning, training, exercising, and coordinating resources to ready our community for any emergency, while promoting a culture of preparedness that will ensure Seminole County is a safe place to work, live, and play. 223 8 Emergency Services Measures Seminole County Floodplain Management Plan 85 issued to indicate current or developing hydrologic conditions that are favorable for flash flooding in and close to the watch area, but the occurrence is neither certain nor imminent. These events are so localized and so rapid that a “flash flood warning” may not be issued, especially if no remote threat recognition equipment is available. In the absence of a gauging system on small streams, the best threat recognition system is to have local personnel monitor rainfall and stream conditions. While specific flood crests and times will not be predicted, this approach will provide advance notice of potential local or flash flooding. Severe Weather. The National Weather Service is the primary agency for detecting meteorological threats, such as tornadoes, thunderstorms and winter storms. Severe weather warnings are transmitted through NOAA’s Weather Radio System. As with floods, federal agencies can only look at the large scale, e.g., whether conditions are appropriate for the formation of a thunderstorm. Local emergency managers can provide more site-specific and timely recognition by sending out National Weather Service trained spotters to watch the skies when the Weather Service issues a watch or a warning. Dam Failure. A key part of a dam safety program is for the emergency management office to be in touch with the operators of upstream dams. There should be periodic communication checks and clear criteria for when a dam appears threatened and when the community should notify downstream properties. 8.1.2 Local Implementation The Seminole County Office of Emergency Management is responsible for performing technical work in the development, implementation, and management of countywide disaster response, recovery, mitigation, risk reduction, prevention, and preparedness for the County. Emergency Management provides countywide planning, training and exercise programs in order to be prepared for natural and human-caused emergencies. Severe Weather: Seminole County recognizes impending thunderstorms through radar and reports from the National Weather Service. Floods: The National Weather Service monitors six stream gages in Seminole County. It issues periodic updates of current river levels. For the gages it monitors, the National Weather Service USGS Stream & Rainfall Gages in Seminole County Little Econlockhatchee River at SR434 near Oviedo – Level & Flow Econlockhatchee River near Oviedo – Level & Flow Econlockhatchee River near Chuluota – Level & Flow St. Johns River above Lark Harney near Geneva (CS Lee Park) – Level, Flow & Rainfall Howell Creek near Altamonte Springs – Level & Flow Howell Creek near Slavia – Level & Flow Howell Creek at SR434 near Oviedo – Level & Flow Soldier Creek near Longwood – Level & Flow Gee Creek near Longwood – Level & Flow Lake Jesup Outlet near Sanford – Level & Flow St. Johns River near Sanford – Level & Flow Little Wekiva River at SR434/ Woodbridge near Altamonte Springs – Level & Flow Wekiva River near Sanford – Level & Flow Lake Sylvan Park near Paola – Rainfall 224 8 Emergency Services Measures Seminole County Floodplain Management Plan 86 can issue a specific prediction of when and how high a river will crest. Forecasts for the St. Johns River near Sanford are issued as needed during times of high water, but are not routinely available. River gage information is disseminated on the NOAA Weather Radio and is available to the public at https://water.weather.gov/ahps/. On larger streams, the United States Geological Survey (USGS) operates stream and rain gages in cooperation with Seminole County and the St. Johns River Water Management District. The USGS provides stream stage and stream flow information for the thirteen (13) sites along with two (2) precipitation sites listed in the box above. Real-time stream gage readings for these sites can be accessed on the Internet at http://waterdata.usgs.gov/fl/nwis/rt. This site provides the current stream conditions. The National Weather Service is able to issue a specific prediction of when and how high a river will crest. Dam Failure. There are no dams in Seminole County, and dam failure is not considered a likely threat. 8.1.3 CRS Credit. Credit can be received for using National Hurricane Center warnings and river flood stage predictions for the National Weather Service’s gages. The actual score is based on how much of the community’s floodplain is affected by these systems. A total of 75 points is possible under Activity 610 – Flood Warning Program. 8.2 Warning After the threat recognition system tells the emergency management office that a flood, tornado, thunderstorm, hurricane or other hazard is coming, the next step is to notify the public, internal and external staff, and critical facilities. The earlier and the more specific the warning, the greater the number of people that can implement protective measures. The Emergency Alert/ Warning Systems Operations Annex to the Comprehensive Emergency Management Plan (CEMP) outlines how the Office of Emergency Management will coordinate alerts and warnings to stakeholders and members of the public. The National Weather Service issues notices to the public using two levels of notification: Watch: conditions are right for flooding, thunderstorms, tornadoes or winter storms. Warning: a flood, tornado, etc., has started or been observed. A more specific warning may be disseminated to the public by the community in a variety of ways. The following are the more common methods: Email notifications Commercial or public radio or TV stations The Weather Channel Cable TV emergency news inserts NOAA Weather Radio 225 8 Emergency Services Measures Seminole County Floodplain Management Plan 87 Outdoor warning sirens Sirens on public safety vehicles Door-to-door contact Multiple or redundant systems are most effective – if people do not hear one warning, they may still get the message from another part of the system. Each has advantages and disadvantages: Radio and television provide a lot of information, but people have to know when to turn them on. They are most appropriate for hazards that that develop over more than a day, such as a tropical storm, hurricane, or winter storm. NOAA Weather Radio can provide short messages of any impending weather hazard or emergency and advise people to turn on their televisions for more information, but not everyone has a Weather Radio. Outdoor warning sirens can reach many people quickly as long as they are outdoors. They do not reach people in tightly-insulated buildings or those around loud noise, such as at a factory, during a thunderstorm, or in air conditioned homes. They do not explain what hazard is coming, but people should know to turn on a radio or television when they hear the siren. Where a threat has a longer lead time, going door-to-door and manual telephone trees can be effective. Just as important as issuing a warning is telling people what to do in case of an emergency. A warning program should have a public information aspect. Citizens should know the difference between a tornado warning (when they should seek shelter in a low spot), a flood warning (when they should stay out of low areas), and other appropriate warnings and responses. 8.2.1 StormReady The National Weather Service established the StormReady program to help local governments improve the timeliness and effectiveness of hazardous weather related warnings for the public. To be officially StormReady, a community must: Establish a 24-hour warning point and emergency operations center, Have more than one way to receive severe weather warnings and forecasts and to alert the public, NOAA Weather Radios NOAA Weather Radio is a nationwide network of radio stations that broadcasts warnings, watches, forecasts and other hazard information 24 hours a day. For Seminole County, information comes from transmitters in Melbourne, Florida. NOAA weather radios can be very effective for notifying people, businesses, schools, care facilities, etc. of weather threats. They have a monitoring feature that issues an alarm when activated by the Weather Service. To program a new weather radio, the FIPS code for Seminole County is 012117. The channels that broadcast information for Seminole County are 162.4 Mhz (Channel 1) and 162.475 Mhz (Channel 4). You can also listen online, by visiting https://www.weatherusa.net/radio. 226 8 Emergency Services Measures Seminole County Floodplain Management Plan 88 Create a system that monitors weather conditions locally, Promote the importance of public readiness through community seminars, and Develop a formal hazardous weather plan, which includes training severe weather spotters and holding emergency exercises. Being designated a StormReady community by the National Weather Service is a good measure of a community’s emergency warning program for weather hazards. It is also credited by the CRS. 8.2.2 Local Implementation The Office of Emergency Management (OEM) coordinates emergency warning and notifications through a multimodal approach including, but not limited to, NOAA weather radios, Civil Emergency Messages, Emergency Broadcast System, Emergency Alert System, electronic text/media notification, cable interrupt, and reverse calling systems. The Florida Division of Emergency Management also funds a reverse calling system that can be used to send voice, text, and email notifications to residents based on geographic area. In Seminole County, this system is called Alert Seminole. Alert Seminole is a way for Seminole County residents to sign up for emergency notifications from the Seminole County Emergency Management Agency. Notifications can be sent to a cell phone, pager, or email address. Officials with the National Weather Service in Melbourne, Florida awarded Seminole County the designation of “StormReady.” This nationwide program assesses the capability of a community to receive and disseminate severe weather information. The designation is only granted to those communities that have established a high degree of readiness for natural disasters such as hurricanes, tornadoes and floods. 8.2.3 CRS Credit Community Rating System points are based on the number and types of warning media that can reach the community’s floodprone population. Depending on the location, communities can receive up to 25 points for the telephone calling system and more points if there are additional measures, like telephone trees. Being designated as a StormReady community can provide 25 additional points. These credits are in Activity 610 – Flood Warning Program. 8.3 Response The protection of life and property is the most important task of emergency responders. Concurrent with threat recognition and issuing warnings, a community should respond with actions that can prevent or reduce damage and injuries. Typical actions and responding parties include the following: Activating the emergency operations center (emergency management), Closing streets or bridges (sheriff’s office or public works), Shutting off power to threatened areas (utility company), Passing out sandbags (public works), 227 8 Emergency Services Measures Seminole County Floodplain Management Plan 89 Holding children at school/releasing children from school (school superintendent), Opening evacuation shelters (emergency management/ School Board), Monitoring water levels (engineering), and Establishing security and other protection measures (police/sheriff). An emergency action plan ensures that all bases are covered and that the response activities are appropriate for the expected threat. These plans are developed in coordination with the agencies or offices that are given the various responsibilities. Planning is best done with adequate data. One of the best tools is a map that shows which areas would be affected under different conditions. Even though Seminole County is not a coastal County, it may be beneficial to consider developing a map which directs residents to evacuate based on the different hurricane categories. A flood stage forecast map shows areas that will be under water at various flood stages. Different flood levels are shown as color coded areas, so the emergency management agency can quickly see what will be affected. Emergency management staff can identify the number of properties flooded, which roads will be under water, which critical facilities will be affected, who to warn, etc. With this information, an advance plan can be prepared that shows problem sites and determines what resources will be needed to respond to the predicted flood level. Emergency response plans should be updated annually to keep contact names and telephone numbers current and to ensure that needed supplies and equipment are still available. They should be critiqued and revised after disasters and exercises to take advantage of the lessons learned and of changing conditions. The end result is a coordinated effort implemented by people who have experience working together so that available resources will be used in the most efficient manner possible. 8.3.1 Local Implementation The Seminole County Emergency Operations Center (EOC) is the central coordination point for disaster preparedness, training, response, and recovery efforts for the County. The purpose of the EOC is to provide a centralized and specialized location to communicate, organize and manage natural or human-caused disasters and make strategic decisions necessary to protect the residents and property of Seminole County. The EOC is staffed with personnel and equipment necessary to properly manage significant events. The 3,525 square foot main room has two attached breakout rooms for amateur radio operations and Seminole Government Television (SGTV) communication. In addition, there are multiple EOC support rooms. Seminole County’s EOC is organized using the National Incident Management System (NIMS) guidelines, and is separated into Command and General Staff, 18 Emergency Support Functions (ESF), and the Municipal Branch. Each ESF, municipality, and partner organization, provide staffing to improve communication and coordination during emergencies. To ensure all of the available information is transmitted into the EOC, the main room is equipped with audio-visual equipment, GIS mapping software, interoperable communications, traffic monitoring, satellite technology for redundant communications, and video cameras for live EOC 228 8 Emergency Services Measures Seminole County Floodplain Management Plan 90 streaming during activations. The EOC is also equipped with a resource tracking system, known as WebEOC. The integration of these data and communications systems provides an essential on-site decision- making platform plus an excellent training room. In the event of a large-scale disaster, the EOC is equipped with two backup generators, potable water, shower facilities, and dormitories. 8.3.2 CRS Credit Up to 255 points of credit is available for a fully credited flood warning system. Credit is based on a variety of factors and is cumulative, which includes the previous credits mentioned. 8.4 Evacuation and Shelter In an area subject to the tremendous forces that accompany hurricanes, evacuation is a prime life safety concern. Given the one to two days of lead time provided by the National Hurricane Center, evacuation on a large scale is a realistic lifesaving task. In other situations, such as a tornado, it is safer to keep people where they are rather than expose them to danger from an event that gives little warning. According to Emergency Management: Principles and Practice, “The principle of evacuation is to move citizens from a place of relative danger to a place of relative safety, via a route that does not pose significant danger.” There are six key ingredients to a successful evacuation: Adequate warning Adequate routes Proper timing to ensure the routes are clear Traffic control Knowledgeable travelers Care for special populations (e.g., handicapped, prisoners, hospital patients, and schoolchildren) Those who cannot get out of harm’s way need shelter. For tropical storms, a stick-built house (not a mobile home) often suffices, but for hurricanes, something sturdier is required. That is why schools so often serve as shelters during a storm as well as a place for those who have lost their homes after the storm. Seminole County and the School Board of Seminole County will staff a shelter and ensure that there is adequate food, bedding, and wash facilities. Shelter management is a specialized skill. Managers must deal with problems like scared children, families that want to bring their pets in, and the potential for an overcrowded facility. 8.4.1 Local Implementation Evacuation routes for Seminole County are shown in the map below. 229 8 Emergency Services Measures Seminole County Floodplain Management Plan 91 Figure 39: Seminole County Evacuation Routes 8.4.2 CRS Credit Because it is primarily concerned with protecting insurable buildings, the CRS does not provide any special credit for evacuation or sheltering of people. It is assumed that the emergency response plan would include all necessary actions in response to a flood. 8.5 Post-Disaster Recovery and Mitigation After a disaster, communities should undertake activities to protect public health and safety and facilitate recovery. Appropriate measures include: Patrolling evacuated areas to prevent looting, Providing safe drinking water, Monitoring for diseases, Vaccinating residents for tetanus and other diseases, 230 8 Emergency Services Measures Seminole County Floodplain Management Plan 92 Clearing streets, and Cleaning up debris and garbage. Throughout the recovery phase, everyone wants to get “back to normal.” The problem is that “normal” means the way they were before the disaster, exposed to repeated damage from future disasters. There should be an effort to help prepare people and property for the next disaster. Such an effort would include: Public information activities to advise residents about mitigation measures they can incorporate into their reconstruction work, Evaluating damaged public facilities to identify mitigation measures that can be included during repairs, Identifying other mitigation measures that can lessen the impact of the next disaster, Acquiring substantially or repeatedly damaged properties from willing sellers, Planning for long-term mitigation activities, and Applying for post-disaster mitigation funds. 8.5.1 Regulating Reconstruction Requiring permits for building repairs and conducting inspections are vital activities to ensure that damaged structures are safe for people to reenter and repair. There is a special requirement to do this in floodplains, regardless of the type of disaster or the cause of damage. The NFIP requires that local officials enforce the substantial damage regulations. These rules require that if the cost to repair a building in the mapped floodplain equals or exceeds 50% of the building’s market value, the building must be retrofitted to meet the standards of a new building in the floodplain. In most cases, this means that a substantially damaged building must be elevated above the base flood elevation. This requirement can be very difficult for understaffed and overworked offices following a disaster. However, if these activities are not carried out properly, not only does the community miss a tremendous opportunity to redevelop or clear out a hazardous area, it may be violating its obligations under the NFIP. The sanctions for failure to properly enforce the floodplain reconstruction regulations are spelled out in Chapter 5 – Preventive Measures. In some areas, mutual aid agreements have been established so building inspectors from a community not affected by the disaster can work in the communities that were hit the hardest. 8.5.2 Local Implementation The County’s Floodplain Management Ordinance includes the NFIP requirements for determining if a building is substantially damaged. The County’s practice is to wait until reconstruction applicants come to the County to request a permit. Repairs that are cosmetic only (for example, replacing flooring, cabinets and painting) do not need permits. There are no special public information activities to tell people to apply for a permit. Residents interested in a mitigation project funded by the NFIP’s Increased Cost of Compliance do apply and request a substantial damage determination. 231 8 Emergency Services Measures Seminole County Floodplain Management Plan 93 These practices could potentially permit substantially damaged properties to be repaired without inspection. These practices also mean that the County misses opportunities to inform disaster victims about property protection measures that they can incorporate during repairs. 8.5.3 CRS Credit Seminole County should formally establish post-disaster mitigation polices outlined in this Plan in the section above. 8.6 Conclusions 1. There are several threat recognitions systems that can provide the County with advance notice of an impending emergency. 2. Additional stream and river gauges can help protect more residents in the County. 3. The Seminole County Comprehensive Emergency Management Plan (CEMP) and Location Mitigation Strategy (LMS) contain general guidance on responding to many different kinds of hazards. The CEMP also contains the Flood Response Annex. Such guidance could be very helpful when things happen quickly and for hazards that have predictable impacts, such as tropical storms and flooding. 4. The plans and guidance documents on post-disaster inspections and capitalizing on post- disaster mitigation opportunities are lacking. They also mean that the County could miss opportunities to advise people on property protection measures they can implement during repairs and reconstruction. 8.7 Recommendations 1. The Seminole County CEMP and LMS should be reviewed in detail to determine where improvements can be made and how to maximize credit under CRS. These plans should then be submitted for credit under CRS, and CRS will provide a critique of the plan to show what further improvements are needed. 2. The County should consider all possible local, state and federal funding options for installation of additional stream and river gauges to provide a higher level of protection to its residents. 3. The County should ensure that all steps are being taken to alleviate traffic jams during an evacuation of the county. 4. The County’s emergency preparedness, public information, and permits staffs should work together to evaluate and revise post-disaster procedures for public information, reconstruction regulation and mitigation project identification. 8.8 References 1. CRS Coordinator’s Manual, FEMA, 2017. 2. CRS Credit for Flood Warning Programs, FEMA, 2006. 232 8 Emergency Services Measures Seminole County Floodplain Management Plan 94 3. Emergency Management: Principles and Practice for Local Government, International City/County Management Association, 1991. 4. Flood Fight Operations, FEMA, 1995. 5. Guide for All-Hazard Emergency Operations Planning, FEMA SLG-101, 1996. 6. https://www.weather.gov/nwr&ln_desc=NOAA+Weather+Radio/ 233 9 Structural Project Measures Seminole County Floodplain Management Plan 95 9 Structural Project Measures Flood control projects have traditionally been used by communities to control or manage floodwaters. They are also known as “structural” projects that keep flood waters away from an area as opposed to “non-structural” projects, like retrofitting, that do not rely on structures to control flows. 9.1 Flood Control Measures Four general types of flood control projects are reviewed here: levees, weirs, reservoirs, diversions, and dredging. These projects have three advantages not provided by other mitigation measures: They can stop most flooding, protecting streets and landscaping in addition to buildings, Many projects can be built without disrupting citizens’ homes and businesses, and They are constructed and maintained by a government agency, a more dependable long- term management arrangement than depending on many individual private property owners. However, as shown below, structural measures also have shortcomings. The appropriateness of using flood control depends on individual project area circumstances. Pros and Cons of Structural Flood Control Projects Advantages They may provide the greatest amount of protection for land area used. Because of land limitations, they may be the only practical solution in some circumstances. They can incorporate other benefits into structural project design, such as water supply and recreational uses. Regional detention may be more cost- efficient and effective than requiring numerous small detention basins. Disadvantages They can disturb the land and disrupt the natural water flows, often destroying wildlife habitat. They require regular maintenance, which if neglected can have disastrous consequences. They are built to a certain flood protection level that can be exceeded by larger floods, causing extensive damage. They can create a false sense of security, as people protected by a project often believe no flood can ever reach them. Although it may be unintended, in many circumstances they promote more intensive land use and development in the floodplain. 9.1.1 Levees, Weirs, and Floodwalls Probably the best known flood control measure is a barrier of earth (levee) or concrete (floodwall) erected between the watercourse and the property to be protected. Weirs are small dams built across a river to control the upstream water level. Weirs have been used for ages to 234 9 Structural Project Measures Seminole County Floodplain Management Plan 96 control the flow of water in streams, rivers, and other water bodies. Unlike large dams which create reservoirs, the goal of building a weir across a river isn’t to create storage, but only to gain some control over the water level. Levees and floodwalls confine water to the stream channel by raising its banks. They must be well designed to account for large floods, underground seepage, pumping of internal drainage, and erosion and scour. Key considerations when evaluating the use of a levee include: Design and permitting costs, Right of way acquisition, Removal of fill to compensate for the floodwater storage that will be displaced by the levee, Internal drainage of surface flows from the area inside the levee, Cost of construction, Cost of maintenance, Mitigation of adverse impacts to wetlands and other habitats, Loss of river access and views, and Creating a false sense of security, because while levees may reduce flood damage for smaller more frequent rain events, they may also overtop or breach in extreme flood events and subsequently create more flood damage than would have occurred without the levee. Levees placed along the river or stream edge degrade the aquatic habitat and water quality of the stream. They also are more likely to push floodwater onto other properties upstream or downstream. To reduce environmental impacts and provide multiple use benefits, a setback levee is the best project design. The area inside a setback levee can provide open space for recreational purposes and provide access sites to the river or stream. There are no levees currently within Seminole County. During a flood, a weir may back up the water badly enough to cause damage upstream. Barriers across rivers may affect the aquatic environment. Weirs should be used with caution on flows with floating trash, debris, or high solids contents as sedimentation will occur upstream of the weir (raising the weir pool depth) and debris may cling to the crest of the weir. Weirs are used on several bodies of water within Seminole County including Soldier’s Creek, Howell Creek, and Lake Sylvan. Floodwalls perform like levees except they are vertical-sided structures that require less surface area for construction. Floodwalls are constructed of steel sheet pile or reinforced concrete, which makes the expense of installation cost prohibitive in many circumstances. Floodwalls also degrade adjacent habitat and can displace erosive energy to unprotected areas of shoreline Soldier’s Creek Weir 235 9 Structural Project Measures Seminole County Floodplain Management Plan 97 downstream. The City of Sanford Riverwalk includes a floodwall along Lake Monroe which protects the roadway and surrounding areas from flooding. Seawalls are barriers or retaining walls that are built facing a large lake, ocean or the Gulf of Mexico. They are intended to protect the land from erosion by wave action. However, they often have an adverse impact on the shore and on neighboring properties and the movement of sand. The natural forces that transport sand and replenish beaches are disrupted by the wall, often increasing shoreline erosion on adjacent properties. Therefore, they are not encouraged and are even prohibited in many areas. 9.1.2 Reservoirs and Detention Reservoirs reduce flooding by temporarily storing flood waters behind dams or in storage or detention basins. Reservoirs lower flood heights by holding back, or detaining, runoff before it can flow downstream. Flood waters are detained until the flood has subsided, then the water in the reservoir or detention basin is released or pumped out slowly at a rate that the river can accommodate downstream. Reservoirs can be dry and remain idle until a large rain event occurs. Or they may be designed so that a lake or pond is created. The lake may provide recreational benefits or water supply (which could also help mitigate a drought). Flood control reservoirs are most commonly built for one of two purposes. Large reservoirs are constructed to protect property from existing flood problems. Smaller reservoirs, or detention basins, are built to protect property from the stormwater runoff impacts of new development. Regardless of size, reservoirs protect the development that is downstream from the reservoir site. Unlike levees and channel modifications, they do not have to be built close to or disrupt the area to be protected. Reservoirs are most efficient in deeper valleys where there is more room to store water, or on smaller rivers where there is less water to be stored. In urban areas, some reservoirs are simply manmade holes, excavated to store floodwaters. Reservoirs in urban areas are typically constructed adjacent to streams (though usually outside of the floodplain). When built in the ground, there is no dam for these retention and detention basins and no dam failure hazard. Wet or dry basins can also serve multiple uses by doubling as parks or other open space uses. There are several considerations when evaluating use of reservoirs and detention: There is the threat of flooding the protected area should the reservoir’s dam fail, There is a constant expense for management and maintenance of the facility, They may fail to prevent floods that exceed their design levels, Sediment deposition may occur and reduce the storage capacity over time, 236 9 Structural Project Measures Seminole County Floodplain Management Plan 98 They can impact water quality as they are known to affect temperature, dissolved oxygen and nitrogen, and nutrient levels, and If not designed correctly, in-stream reservoirs may cause backwater flooding problems upstream. 9.1.3 Diversion A diversion is a new channel that sends floodwaters to a different location, thereby reducing flooding along an existing watercourse. Diversions can be surface channels, overflow weirs, or tunnels. During normal flows, the water stays in the old channel. During floods, the floodwaters spill over to the diversion channel or tunnel, which carries the excess water to a receiving lake or river. Diversions are limited by topography; they will not work in some areas. Unless the receiving water body is relatively close to the floodprone stream and the land in between is low and vacant, the cost of creating a diversion can be prohibitive. 9.1.4 Dredging Dredging is often viewed as a form of conveyance improvement. However, it has the following problems: Given the large volume of water that comes downstream during a flood, removing a foot or two from the bottom of the channel will have little effect on flood heights. Dredging is often cost prohibitive because the dredged material must be disposed of somewhere. Unless in-stream or tributary erosion are corrected upstream, the dredged areas usually fill back in within a few years, and the process and the expense have to be repeated. If the channel has not been disturbed for many years, dredging will destroy the habitat that has developed. To protect the natural values of the stream, federal law requires a U.S. Army Corps of Engineers permit before dredging can proceed. This can be a lengthy process that requires a lot of advance planning and many safeguards to protect habitats, which adds to the cost of the project. 9.1.5 Channelization Channelization has traditionally been the common method for dealing with local drainage or flooding problems. Channelization involves straightening, deepening and /or widening a stream or river channel. With this approach, there are several concerns to keep in mind: Channelized streams can create or worsen flood problems downstream as larger amounts of water are transported at a faster rate. Channelized streams rise and fall faster. During dry 237 9 Structural Project Measures Seminole County Floodplain Management Plan 99 periods the water level in the channel is lower than it should be which creates water quality problems and degrades habitat. Channelized waterways tend to be unstable and experience more erosion. The need for periodic reconstruction and silt removal becomes cyclic, which makes channel maintenance very expensive. On the other hand, properly sloped and planted channels are more aesthetically and environmentally appealing and can be cheaper to maintain. 9.1.6 CRS Credit Structural flood control projects that provide 100-year flood protection and that result in revisions to the Flood Insurance Rate Map are not credited by the CRS in order to avoid duplicating the larger premium reduction provided by removing properties from the mapped floodplain. The CRS credits smaller flood control projects that meet the following criteria: They must provide protection to at least the 25-year flood, They must meet certain environmental protection criteria, They must meet federal, state and local regulations, such as the Corps of Engineers’ 404 permit and Florida dam safety rules, and They must meet certain maintenance requirements. These criteria ensure that credited projects are well-planned and permitted. Any of the measures reviewed in this section would be recognized under Activity 530 – Flood Protection, although it would be very hard to qualify a dredging project. Credit points are based on the type of project, how many buildings are protected, and the level of flood protection provided. 9.1.7 Local Implementation The County initiated a project on the Mullet Lake Road Stormwater Improvement Project to help provide a solution to stormwater and localized flooding in the St. Johns and Lake Harney Basins. This project in eastern Seminole County involves a drainage area of approximately 2,890 acres or 4.5 square miles. Residents within the Mullet Lake Park Road Basin experience both yard and structure flooding during greater than average rainfall events. The study defined the primary cause of flooding to be an inadequate conveyance system and accumulation of runoff from upstream areas which overload the current system. The study was completed in 2006 but the project is still in the beginning phases due to grant funding eligibility. 9.2 Conclusions 1. Continue to require onsite retention and detention facilities to manage runoff from sites to avoid overloading drainage systems. There is a benefit to ensuring that post-development runoff does not exceed pre-development conditions. 2. Consider the benefits of regional upper watershed retention and detention to help mitigate the amount of conveyance of downstream flows. 238 9 Structural Project Measures Seminole County Floodplain Management Plan 100 3. Levees and floodwalls don’t appear to be practical solutions for the County as the areas in need of protection would require these structures to be located on private property. The constant maintenance of these facilities can be quite expensive. 4. Improvement to channels should be considered in terms of the immediate benefit for increased conveyance and the long-term cost of maintaining them. 9.3 Recommendations 1. The County should continue to require developers to provide on-site detention and retention to lessen the runoff from developed sites. 2. The County should consider the benefits of upper watershed regional detention as a way to reduce downstream flow. This approach could be combined with the preservation of open space of sensitive lands. 3. Continue to recommend and implement projects as a result of drainage and other studies conducted. 9.4 References 1. CRS Coordinator’s Manual, FEMA, 2017. 2. CRS Credit for Drainage System Maintenance, FEMA, 2006. 3. Kane County, IL Natural Hazards Mitigation Plan, January, 2009 4. Mullet Lake Park Road Stormwater Improvement Project, Inwood Consulting Engineers, 2006 239 10 Public Information Measures Seminole County Floodplain Management Plan 101 10 Public Information Measures A successful hazard mitigation program involves both the public and private sectors. Public information activities advise property owners, renters, and businesses about hazards and ways to protect people and property from these hazards. These activities can motivate people to take the steps necessary to protect themselves and others. Information can bring about voluntary mitigation activities at little or no cost to the government. Property owners mitigated their flooding problems long before government funding programs existed. The typical approach to delivering information involves two levels of activity. The first is to broadcast a short and simple version of the message to everyone potentially affected. The second level provides more detailed information to those who respond and want to learn more. This chapter starts with activities that reach out to people and tell them to be advised of the hazards and some of the things they can do. It then covers additional sources of information for those who want to learn more. It ends with an overall public information strategy. 10.1 Outreach Projects Outreach projects are the first step in the process of orienting property owners to the hazards they face and the concept of property protection. They are designed to encourage people to seek out more information in order to take steps to protect themselves and their properties. Research has shown that outreach projects work. However, awareness of the hazard is not enough; people need to be told what they can do about the hazard, so projects should include information on safety, health and property protection measures. Research has also shown that a properly run local information program is more effective than national advertising or publicity campaigns. Therefore, outreach projects should be locally designed and tailored to meet local conditions. Community newsletters/direct mailings: The most effective types of outreach projects are mailed or distributed to everyone in the community. In the case of floods, they can be sent only to floodplain property owners. News media: Local newspapers can be strong allies in efforts to inform the public. Press releases and story ideas may be all that’s needed to whet their interest. After a flood in another community, people and the media become interested in their flood hazard and how to protect themselves and their property. Local radio stations and cable TV channels can also help. These media offer interview formats and local television stations may be willing to broadcast videos on the hazards. Other approaches: Examples of other outreach projects include: Presentations at meetings of neighborhood, civic or business groups, Displays in public buildings or shopping malls, Signs in parks, along trails and on waterfronts that explain the natural features (such as the river) and their relation to the hazards (such as floods), Brochures available in municipal buildings and libraries, and Special meetings, workshops and seminars. 240 10 Public Information Measures Seminole County Floodplain Management Plan 102 10.1.1 Local Implementation There are several types of outreach projects implemented in Seminole County. The County’s website features a page describing flood facts and flood safety measures. The County also distributes a brochure titled “A Guide to Flood Safety” to residents who attend outreach events. There is also a hurricane and storm information page on the County’s website, which contains emergency information when a storm is threatening the area. In addition, news releases are posted to the County’s website, which contain safety information related to natural hazards when appropriate. The County holds a Hurricane Expo and Touch a Truck event to disseminate information about hurricane safety and give residents tools to add to their hurricane kits such as flashlights and can openers. The County also advertises safety information on local billboards. Finally, various brochures are available in the community at various departments such as in the Building Division to provide residents with flood safety and property protection advice. 10.1.2 CRS Credit The Community Rating System provides up to 350 points for outreach projects on flood topics. Extra points are given for having a Program for Public Information. 10.2 Real Estate Disclosure Many times after a flood or other natural disaster, people say they would have taken steps to protect themselves if they had known they had purchased a property exposed to a hazard. There are some federal and state requirements about such disclosures, but they have their limits. Federal law: Federally regulated lending institutions must advise applicants for a mortgage or other loan that is to be secured by an insurable building whether the property is in a floodplain as shown on the Flood Insurance Rate Map. If so, flood insurance is required for buildings located within the floodplain if the mortgage or loan is federally insured. However, because this requirement has to be met only 10 days before closing, the applicant is often already committed to purchasing the property when he or she first learns of the flood hazard. State law: State laws set standards for real estate sales and licensing of agents and brokers. In addition, Florida has a natural hazards disclosure law, which requires the seller of real estate to give the buyer a document outlining whether the property is in an area prone to flooding, hurricanes or tornadoes. The shortcoming of such a law is that because of the sporadic nature of flooding, a property owner may legitimately not be aware of past or potential flooding problems. Figure 45: Flood Safety Brochure Distributed to Residents during Outreach Events Figure 46: Flood Safety Brochure Distributed to Residents during Outreach Events Figure 47: Flood Safety Brochure Distributed to Residents during Outreach Events Figure 48: Flood Safety Brochure Distributed to Residents during Outreach Events Figure 49: Flood Safety Brochure Distributed to Residents during Outreach Events Figure 50: Flood Safety Brochure Distributed to Residents during Outreach Events Figure 51: Flood Safety Brochure Distributed to Residents during Outreach Events Figure 52: Flood Safety Brochure Distributed to Residents during Outreach Events 241 10 Public Information Measures Seminole County Floodplain Management Plan 103 10.2.1 Local Implementation The County has one additional law related to natural hazard disclosure. The final plat for development plans must include the limits of the floodplain, indicating the flood elevation for the 100-year flood. This only provides information for developments that have been platted since the requirement went into effect and then only if the title search sees it and advises the buyer. The multiple listing service does not include a listing of whether a property is in a flood zone or wetland. Disclosure practices are left up to the individual broker or agent. 10.2.2 CRS Credit Communities in Florida should be eligible for five points under the “Other disclosure requirements” for the state law requiring sellers to notify the buyer of natural hazards. Seminole County is eligible for 5 points for including the limits of the floodplain on all final plats. 10.3 Libraries and Websites The two previous activities tell people that they are exposed to a hazard. The next step is to provide information to those who want to know more. The community library and local websites are obvious places for residents to seek information on hazards, hazard protection, and protecting natural resources. Books and pamphlets on hazard mitigation can be given to libraries, and many of these can be obtained for free from state and federal agencies. Libraries also have their own public information campaigns with displays, lectures and other projects, which can augment the activities of the local government. Today, websites are commonly used as research tools. They provide fast access to a wealth of public and private sites for information. Through links to other websites, there is almost no limit to the amount of up to date information that can be accessed online. In addition to online floodplain maps, websites can link to information for homeowners on how to retrofit for tornadoes and floods or a website about floods for children. The “FEMA for Kids” website teaches children how to protect their home and what to have in a family disaster kit. 10.3.1 Local Implementation A search of the Seminole County Library catalog on September 23, 2020 showed that the library has 36 publications about floods and 99 publications about hurricanes. The documents about floods represent a broad range of topics, from flood proofing construction guidance to a review of flood policies to a guide to reading flood maps. The County’s website, www.prepareseminole.org, is kept updated with information on the County’s activities, including the mitigation planning process. FEMA’s floodplain maps for the County are available at http://www.seminolecountyfl.gov/departments-services/development- services/building/flood-prone-areas/. 10.3.2 CRS Credit The Community Rating System provides up to 20 points for having a variety of flood references in the local public library and up to 77 more for similar material on municipal websites (Activity 350 – Flood Protection Information). 242 10 Public Information Measures Seminole County Floodplain Management Plan 104 10.4 Technical Assistance 10.4.1 Hazard Information Many benefits stem from providing map information to inquirers. Residents and business owners that are aware of the potential hazards can take steps to avoid problems or reduce their exposure to flooding. Real estate agents and house hunters can find out if a property is floodprone and whether flood insurance may be required. Communities can easily provide map information from FEMA’s Flood Insurance Rate Maps (FIRMs) and Flood Insurance Studies. They may also assist residents in submitting requests for map amendments and revisions when they are needed to show that a building is located outside the mapped floodplain. Some communities supplement what is shown on the FIRM with information on additional hazards, flooding outside mapped areas and zoning. When the map information is provided, community staff can explain insurance, property protection measures and mitigation options that are available to property owners. They should also remind inquirers that being outside the mapped floodplain is no guarantee that a property will never flood. 10.4.2 Property Protection Assistance While general information provided by outreach projects or the library is beneficial, most property owners do not feel ready to retrofit their buildings without more specific guidance. Local building department staffs are experts in construction. They can provide free advice, not necessarily to design a protection measure, but to steer the owner onto the right track. Building or public works department staffs can provide the following types of assistance: Visit properties and offer protection suggestions, Recommend or identify qualified or licensed contractors, Inspect homes for anchoring of roofing and the home to the foundation, Provide advice on protecting windows and garage doors from high winds, and Explain when building permits are needed for home improvements. There is a concern that a local official might provide the wrong information and the community would be sued if a project failed. To counter this, there are guidelines for local programs and training on how to identify the right measures. FEMA conducts a free week-long course at its Emergency Management Institute on property protection measures for flooding. FEMA and the Corps of Engineers periodically conduct one- or two-day retrofitting workshops. 10.4.3 Local Implementation FEMA floodplain maps are available on the County’s website, as described above. The Building Division will also provide maps to anyone who requests them. 243 10 Public Information Measures Seminole County Floodplain Management Plan 105 10.4.4 CRS Credit The Community Rating System provides 140 points for providing map information to inquirers. Up to 71 points are available for providing one-on-one flood protection assistance to residents and businesses and for making site visits. Both services must be publicized. 10.5 Program for Public Information The Program for Public Information is an ongoing public information effort to design and transmit the messages that the community determines are most important to its flood safety and the protection of its floodplains’ natural functions. It is a review of local conditions, local public information needs, and a recommended plan of activities. A strategy should include the following elements: Assess the community’s public information needs, Formulate messages, Identify outreach projects to convey the messages, Examine other public information initiatives, Prepare the Program for Public Information document and adopt the Program for Public Information, Implement, monitor, and evaluate the program. 10.5.1 Public Information Topics At its 2020 meeting series, the FMPC reviewed the various public information activities currently underway with the goals of this Floodplain Management Plan in mind. The members of the FMPC discussed developing a formal Program for Public Information as a way to organize current outreach and information sharing activities. Partners such as faith-based organizations and homeowners’ associations could be used to help spread information to as many residents as possible. 244 10 Public Information Measures Seminole County Floodplain Management Plan 106 10.5.2 CRS Credit The CRS provides 100 points for a public information program strategy. A mass mailing to all properties can earn up to 60 more points and can meet the publicity requirements to receive credit for several other activities. 10.6 Conclusions 1. There are many ways that public information can be used so that people and businesses will be more aware of the hazards they face and how they can protect themselves. 2. Many of the public information activities can be implemented by community staff. By creating and implementing a Program for Public Information, the County and its jurisdictions can earn additional credit points through the CRS. 3. Outreach projects, libraries, websites and the Hurricane Expo are currently being used as public information tools in Seminole County. 4. The most important topics to cover in public information activities are: Safety precautions for all types of hazards, but especially storms, floods and fog. Flood Safety Pay attention to evacuation orders. Listen to local radio or TV stations for forecasts and emergency warnings. Know about evacuation routes and nearby shelters and have plans for all family members on how to evacuate and where to meet if you’re split up during an emergency. Do not drive through a flooded area. During a flood, more people drown in their cars than anywhere else. Don’t drive around road barriers; the road or bridge may be washed out. Do not walk through flowing water. Flash flooding is the leading cause of weather-related deaths in the U.S. Currents can be deceptive; 6 inches of moving water can knock you off your feet in a strong current. If you walk in standing water, use a stick to help you locate the ground. Stay away from power lines and electrical wires. Electrical currents can travel through water. Report downed power lines to the police or sheriff by calling 911. Have the power company turn off your electricity. Some appliances, like TV sets, keep electrical charges even after they’ve been unplugged. Don’t use appliances or motors that have gotten wet unless they have been taken apart, cleaned and dried. Look before you step. After a flood, the ground and floors are covered with debris like broken bottles and nails. Floors and stairs that are covered with mud can also be slippery. Be alert for gas leaks. Use a flashlight to inspect damage. Don’t smoke or use candles, lanterns, or open flames unless you know the gas has been shut off and the area has been ventilated. Look out for animals that may have been flooded out of their homes and who may seek shelter in yours. Use a pole or stick to turn things over and scare away small animals. Carbon monoxide exhaust kills. Use a generator or other gasoline-powered machine outdoors. The same goes for camping stoves. Charcoal fumes are especially deadly – cook with charcoal outdoors. Clean everything that got wet in the flood. Floodwaters have picked up sewage and chemicals from roads, farms, factories, and storage buildings. Spoiled food, and flooded cosmetics and medicines can be health hazards. When in doubt, throw it out. Take care of yourself. Recovering from a flood is a big job. It is tough on both the body and the spirit and the effects a disaster has on you and your family may last a long time. 245 10 Public Information Measures Seminole County Floodplain Management Plan 107 Evacuation is recognized as the most important safety precaution for tropical storms and hurricanes. Flood protection measures, including rules for new construction and insurance. Keeping drainage ways clear and protection from local drainage problems. Family and emergency preparedness measures. County resources and programs. Protecting water quality and wetlands and the benefits of open space. The most appropriate ways to spread this information are: Websites and social media Mailings to everyone, in utility bills or otherwise News releases or newspaper articles Newsletters Displays, particularly at special events such as the Hurricane Expo or Touch A Truck Handouts, flyers and other materials, which can distributed at special events and presentations 10.7 Recommendations 1. The County should continue to increase its presence on social media, including Facebook and NextDoor, to maximize the number of people reached with flood hazard and safety information. 2. The County should continue to distribute brochures about hurricanes to those living in the mapped floodplain. 3. The County should continue to hold Hurricane Expo and Touch a Truck events. 4. Staff should reach out to homeowners’ associations and faith-based organizations to help spread the word about flood hazards and safety measures. 5. The County should create and implement a multi-jurisdictional Program for Public Information (PPI) for credit under the CRS. 10.8 References 1. Are You Ready? A Guide to Citizen Preparedness, FEMA, 2002. 2. CRS Coordinator’s Manual, Community Rating System, FEMA, 2017. 3. CRS Credit for Outreach Projects, FEMA, 2006. 4. “What is a Natural Hazard Disclosure?” from http://www.wisegeek.com/what-is-a-natural- hazard-disclosure.htm. 246 10 Public Information Measures Seminole County Floodplain Management Plan 108 11 Revisions and Maintenance The FMP will be housed in the in the Office of Emergency Management for Seminole County. The LMS Working Group meets on a quarterly basis at a minimum, as well as after times of natural disaster events, and any other time deemed appropriate by the Working Group Chairperson, to update and revise the FMP. The criteria used to evaluate the FMP document and activities should include, but not be limited to the following: Federal and/or State Requirements Changes in development trends and land use that could affect infrastructure Storms or other natural events that have altered Seminole County’s hazard areas Completion of existing mitigation projects and introduction of new goals Changes in policy, procedure or code Changes in building codes and practices Review of legislative actions that could affect funding of mitigation efforts Changes in Flood Insurance Rate Maps, National Flood Insurance Program, etc. On an annual basis the Office of Emergency Management will generate a FMP progress report that will evaluate the successes or areas of improvement for the FMP. The report will be available to the public, as well as provided to all jurisdictional governing bodies. This annual report also satisfies the CRS program requirements for an annual report for the floodplain management plan. This will allow people to re-acquaint themselves with the FMP document and the processes that it identifies, so any recommendations, suggestions, and updates, can be properly reviewed and weighed for consistency with the direction of the FMP Committee. The plan is reviewed and adopted by the participating jurisdictions’ governing bodies every five years to ensure that the mitigation actions taken by their organizations are consistent with each community’s larger vision and goals, as well as their overall unique needs and circumstances. The adoption process includes instructing the jurisdictions’ agencies and organizations to continue to refine, expand and implement the plan. 247 Altamonte Springs Floodplain Management Profile Altamonte Springs Floodplain Management Profile 1 Introduction Overview The City of Altamonte Springs was incorporated in 1920. It is located in the southern portion of Seminole County, bordered by Orange County to the south. The City of Winter Springs is to the east of Altamonte Springs, the City of Longwood is to the north, and unincorporated areas to the west of Altamonte Springs. Altamonte Springs currently covers 9.67 square miles. The current population is 45,304 people (Bureau of Economic and Business Research, 2020). Involvement with the National Flood Insurance Program (NFIP) Altamonte Springs became eligible for the National Flood Insurance Program’s (NFIP) Community Rating System (CRS) on October 1, 1994. The CRS is a voluntary program for NFIP-participating communities. The goals of the CRS are to reduce flood losses, to facilitate accurate insurance rating, and to promote the awareness of flood insurance. The CRS was developed to encourage communities to go beyond the minimum NFIP requirements to further reduce flood losses. The incentives are in the form of premium discounts. The City continues to participate in the CRS program and is currently ranked as a Class 7. With the Class 7 ranking, the discount percentage applied to insurance premiums for properties located in a Special Flood Hazard Area (SFHA) is 15%. The premium discount available to property owners not located in a SFHA is 5%. Figure 1. City of Altamonte Springs Source: Seminole County GIS Dept Figure 2. Severe Weather 248 Altamonte Springs Floodplain Management Profile Altamonte Springs Floodplain Management Profile 2 Risk Assessment This section of the community profile assesses the potential of risk with respect to floodplain management in Altamonte Springs. Communities must address four components when assessing risk. They are identifying hazards, profiling hazard events, inventorying assets, and estimating losses. This process measures the potential loss of life, personal injury, economic injury, and property damage resulting from natural hazards by assessing the vulnerability of people, buildings, and infrastructure to natural hazards (FEMA). There are six categories that address the four components identified in risk assessment as defined through the Federal Emergency Management Agency (FEMA): identifying flood zones within the city, identifying surface water locations, identifying property value within each flood zone, identifying insurance statistics, identifying vulnerable populations, and identifying critical facilities. . FEMA Flood Zone Figure 3 shows that the percentage of non-submerged acreage found in Altamonte Springs. Non-submerged acreage refers to land not inundated by surface water. Close to half of this category can be found in the northeast section of the city in the outlier sections of Cranes Roost Lake. The largest percentage of non- submerged acreage in Altamonte Spring is Flood Zone X accounting for 87.32%. The 0.2 percent Annual Chance Flood Hazard of the 100 Year Flood accounts for 1.95% of the total percentage of non- submerged acreage. Flood Zone A accounts for 0.46% of total percentage, the majority of this flood zone is located in the southern segment of Altamonte Springs. Flood Zone AE accounts for 10.26% of the total percentage of non- submerged acreage. This zone is found throughout the City. . Figure 3. FEMA Flood Zone, Percentage of Acreage for the City of Altamonte Springs, 2013, Non-Submerged Acres 249 Altamonte Springs Floodplain Management Profile Altamonte Springs Floodplain Management Profile 3 Surface Water Table 1. Percentage of Total Surface Water Within City Limits Surface Water Name Percentage, % Lake Orienta 22.0 Prairie Lake 11.9 Spring Lake 3.3 SOURCE: Altamonte Springs GIS Dept. There are 23 bodies of surface water located in Altamonte Springs. Surface water accounts for 6.0% of the total land make-up. Table 1 displays the three largest bodies of water and their percentage of total surface water in Altamonte Springs All bodies of water are located in or within close proximity of the SFHA. The vast majority of these lakes are closed basin lakes with no outlets. Rainfall causes closed basin lakes to rise faster than drain. The result is a variation in water elevation that can lead to flooding. Lake Orienta is the City’s largest surface water body accounting for 22.0% (81.55 acres within the City boundary). The lake is located in the southeast section of the City. The second largest body of water is Prairie Lake at 11.9% of the total percentage of surface water. The location of this lake is on the City’s eastern boundaries with the county. The third largest lake is Spring Lake, the lake accounts for 3.3% of the total surface water in Altamonte Springs. Figure 4. Lake Orienta, Aerial View Figure 5. Prairie Lake Source: Seminole County Water Atlas 250 Altamonte Springs Floodplain Management Profile Altamonte Springs Floodplain Management Profile 4 Property Value Flood Zone Total Appraised Value 0.2 % Chance $707,439,279.00 Zone A $147,944,633.00 Zone AE $486,338,721.00 Zone X $2,882,711,151.00 Total $4,224,433,784.00 SOURCE: Altamonte Springs GIS Dept. Altamonte Springs has over $4,224,433,784.00 in property and building value that could be at risk in the event of a flood hazard. The 0.2 Percent Annual Chance Flood Hazard of the 10-year flood contains 16.7% of the total appraised value. Flood Zone A contains 3.5% of the total appraised value. Flood Zone AE comprises 11.5% of the property value that could be exposed to risk. Flood Zone X accounts for 68.2% of the total property value. Insurance Statistics Polices In-Force Insurance In-Force Whole Written Premium In-Force 525 $127,187,000.00 $273,571.00 Altamonte Springs has 525 insurance policies in force according to the Federal Emergency Management Agency. The total coverage amount for these insurance policies $127,187,000.00 while the average premium paid for them was $273,571.00. Table 4. Loss Statistics for the City of Altamonte Springs Total Number of Closed Losses Total Payment for Closed Losses 85 $1,102,251.00 Total property losses in Altamonte Springs are numbered at 85 properties since 1978. Total payments made to claimants since 1978 is $1,102,251.00. Table 2. Total Appraised Value by Flood Zone Table 3. Policy Statistics for the City of Altamonte Springs 251 Altamonte Springs Floodplain Management Profile Altamonte Springs Floodplain Management Profile 5 Vulnerable Population Vulnerable populations are those segments of the community considered to be most prone to risk in the time of a hazard. In Altamonte Springs, 14.4% of the population is over the age of 65 and 9% of the population has a disability. Most of the people who have a disability are over the age of 65. Repetitive Loss Property Repetitive Loss properties are defined as those properties that have been flooded on more than one occasion. Altamonte Springs has 3 repetitive loss property. Manufactured Homes Figure 6. Manufactured Home Foundations Source: Livingwithmyhome.com Chassis are the steel frames of manufactured homes. Block piers and anchors are building methods utilized to mitigate flood damage. Altamonte Springs currently has no manufactured homes located within its boundaries. Manufactured homes located in the Special Flood Hazard Area (SFHA) would have to comply to mitigation regulations that reduce flood damage include elevating the foundation to one foot above the base flood elevation (BFE). Manufactured homes must also be anchored to a foundation system to prevent floatation or varying forms of movements. Critical Facilities Critical facilities are defined as those facilities that provide a critical function and should be protected from flood damage. Altamonte Springs has identified 21 critical facilities throughout its limits and the emergency function they provide in times of crisis. No facility is located in the SFHA. 252 Altamonte Springs Floodplain Management Profile Altamonte Springs Floodplain Management Profile 6 Mitigation Measures Mitigation is the effort to reduce loss of life and property by lessening the impact of disasters (FEMA). The policies adopted by Altamonte Springs work to achieve these objectives and prevent flood damage. This community profile analyzes mitigation policies including Future Land Use, Environmental Efforts, Stormwater Management, and Building Practices all identified through the City’s Comprehensive Plan and Land Development Code. Altamonte Springs is an active member of the Local Mitigation Strategy and works to make sure all plans are up to date. . Future Land Use An analysis of the Future Land Use Map by Flood Zone for the City of Altamonte Springs is aggregated below by percentage of total acreage in the specified flood zone. This analysis reflects the potential hazards that come with planning for growth in flood prone areas. Table 5. 0.2 Percent Annual Chance Flood Hazard by Future Land Use (FLU) Altamonte Springs Future Land Use Percentage, % Conservation 0.55 Industrial 0.57 Institutional 2.51 Low Density Residential 26.37 Medium Density Residential 21.00 Office/Residential 0.78 RBC Core East 41.63 RBC Core West 3.04 Regional Business Center 2.76 West Town Center 0.79 SOURCE: Altamonte Springs GIS Dept. In Altamonte Springs, 41.63% of the total percentage of acreage for the 0.2 Percent Annual Chance Hazard of the 100-year flood is planned for Regional Business Center Core East. Regional Business Centers and Town Centers are a variation of mixed-use districts. The second largest future land use for the zone is Low Density Residential at 26.37%. Medium Density Residential developments account for 21.00%. Institutional composes 2.51 of the total future land use for this flood zone. 253 Altamonte Springs Floodplain Management Profile Altamonte Springs Floodplain Management Profile 7 Table 6. Flood Zone A by Future Land Use (FLU) Altamonte Springs Future Land Use Percentage, % Gateway Center 94.66 Industrial 1.75 Medium Density Residential 3.58 SOURCE: Altamonte Springs GIS Dept. In Flood Zone A 94.66% of all future land use is planned for the Gateway Activity Center. This future land use is a variation of a mixed-use district. The remaining future uses are Medium Density Residential Development at 3.58%. Industrial comprises 1.75% of the total. Altamonte Springs Future Land Use Percentage, % Commercial/Office 3.08 Conservation 21.85 East Town Center 2.03 Gateway Center 10.85 Industrial 0.21 Institutional 5.46 Low Density Residential 25.20 Medium Density Residential 17.16 Office/Residential 0.56 RBC Core East 10.39 RBC Core West 1.52 Regional Business Center 0.80 West Town Center 0.88 SOURCE: Altamonte Springs GIS Dept. In Altamonte Springs, 25.20% of the total future land use for Flood Zone AE is identified as Low Density Residential. Conservation comprises 21.85% of the total make-up. Medium Density Residential also has a notable percentage of the total acreage in this zone at 17.16%. The Regional Business Center Core East and Gateway Activity Center account for 10.39% and 10.85%, respectively. Institutional makes up 5.46% of the total percentage of acres. Commercial and Office is 3.08% and Regional Business Center Core West is 1.52% of the total percentage of acreage. East Town Center and Regional Business Center Activity Center are 2.03% and 0.80%, respectively, of the total Table 7. Flood Zone AE by Future Land Use (FLU) 254 Altamonte Springs Floodplain Management Profile Altamonte Springs Floodplain Management Profile 8 percentage of acreage. Office and Residential and West Town Center complete the remaining future land use of this zone with 0.56% and 0.88%, respectively. . Table 8. Flood Zone X by Future Land Use (FLU) Altamonte Springs Future Land Use Percentage, % Commercial/Office 4.49 Conservation 0.83 East Town Center 3.23 Gateway Center 7.92 Industrial 2.32 Institutional 3.11 Low Density Residential 31.30 Medium Density Residential 12.63 Office/Residential 1.85 RBC Core East 6.88 RBC Core West 4.64 Regional Business Center 10.49 Right of Way 1.75 Right of Way - Rail 0.26 West Town Center 8.30 SOURCE: Altamonte Springs GIS Dept. In Flood Zone X, 31.30% of the total percentage of acreage is classified as Low Density Residential. The second most planned use in this flood zone is Medium Density Residential at 12.63%. Regional Business Activity Center is 10.49%, and West Town Center and Gateway Activity Center at 8.30% and 7.92%, respectively, of the total percentage of acreage. Regional Business Center Core East and West make up 6.88% and 4.64% of the total acreage. Commercial and Office comprises 4.49% and East Town Center is 3.23%. Industrial, Office and Residential, and Conservation have future land uses for Flood Zone X with 2.32%, 1.85%, and 0.83%, respectively. 255 Altamonte Springs Floodplain Management Profile Altamonte Springs Floodplain Management Profile 9 Figure 7. Future Land Use and Special Flood Hazard Areas (SFHA) 256 Altamonte Springs Floodplain Management Profile Altamonte Springs Floodplain Management Profile 10 Environmental Efforts Environmental policies are a means to which a municipality values its natural heritage. Best management practices in Floodplain Management mitigation include preserving natural areas located in floodplains or directing open space/ recreation uses towards them. Altamonte Springs has committed itself to the protection of wetlands. The City enforces Flood Hazard Avoidance Regulations and conserves wetlands where habitats act as wildlife corridors. Wetlands act as a natural mitigation measure in mitigating flood damage. Erosion and Sedimentation Control The City of Altamonte Springs is working on plans to improve the basin for the Little Wekiva River. Along the Little Wekiva River, certain areas are prone to soil erosion. The City of Altamonte Springs in coordination with Seminole County, Orange County, and the SJRWMD implemented several erosion and sedimentation control project along the Little Wekiva River identified in the Little Wekiva River Master Plan. After Hurricane Irma, Altamonte Springs applied for the Emergency Watershed Protection grant from the USDA Natural Resources Conservation Service to remove fallen trees and debris and to install erosion control countermeasures in 8 locations along the Little Wekiva River between S.R. 436 and S.R. 434. Figure 8. Wetland Protection Altamonte Springs protects wetlands because they act as a natural mitigation measure. 257 Altamonte Springs Floodplain Management Profile Altamonte Springs Floodplain Management Profile 11 Figure 9. Wetland Protection Area along the Little Wekiva River Basin where soil erosion is visible. Stormwater Management Stormwater management practices are an essential component in mitigating flood damage. Policies enacted at the municipal level are essential in controlling stormwater runoff and minimizing damage on property. The City of Altamonte Springs has established regulations in the City’s many LOS standards for stormwater quality and quantity. There are currently 584 stormwater ponds (81 public and 503 private) as well as many other facilities such as pump stations, roadside drainage, and control structures. The City protects wetlands so there is also a natural drainage system in the area. The City also adheres to best management practices that reduce run- off and improve water quality. Altamonte Springs is currently working to update its stormwater master plan, written is 1995 and last revised in 2002. This is because of the ongoing development and growth in the City as well as the changes that have occurred in last 20 years. Figure 10. Stormwater Pond Stormwater pond located in Altamonte Springs. 258 Altamonte Springs Floodplain Management Profile Altamonte Springs Floodplain Management Profile 12 Building Practices Building Practices are essential in mitigating flood damage to structures located in flood prone zones. There are different practices that help protect property and citizens. The City of Altamonte Springs is currently working to adopt a variation of the State Model Floodplain ordinance that incorporates recent changes to the Florida Building Code. This will be presented to the City Commission for adoption in June 2021. Altamonte Springs mandates that new residential construction, new non-residential construction, and substantial improvement/damage to existing structures should have their lowest floor, including basement, elevated to at least one-foot above the base flood elevation (BFE). Buildings where there is an enclosed area below the lowest floor elevation are required to be designed for the entry and exit of floodwater. Dry floodproofing techniques such as these reduce damage from flooding while allowing waters to enter the structure. Most forms of development in the floodway are prohibited unless certification by a professional engineer is issued stating that the development will result in no increase in flood levels. Standards for subdivisions are required to build utilities that minimize flood damage and must provide adequate drainage. Figure 11. Home elevation Home elevation is a dry floodproofing technique that reduces damage from flooding by allowing water to enter the structure. 259 Altamonte Springs Floodplain Management Profile Altamonte Springs Floodplain Management Profile 13 Responsible party Deadline Altamonte Springs Goal 1: Update the City’s floodplain ordinance in accordance with Florida Department of Emergency Management requirements. (June 2021) Objective 1.1 – Adopt revisions to City ordinance. Objective 1.2 – Include higher standards in floodplain ordinance and conform to the State’s Model Ordinance. Goal 2: Maintain the condition of the City’s MS4 to reduce flooding. (Continuously) Objective 2.1 – Perform ongoing maintenance and repair of City’s MS4. Objective 2.2 – Repair MS4 facilities as necessary and in a timely manner. Goal 3: Update the City’s Stormwater Master Plan. (December 2023) Objective 3.1 – Perform a thorough drainage inventory of public and private stormwater systems in the City, including refine basin delineations. Objective 3.2 – Qualitatively assess historical flooding along the Little Wekiva River, lakes and other major water bodies within the City using best available information to include but not limited to: surveyed high water marks; lake level records; photographs of flooding; repetitive loss records; flood elevations predicted by drainage studies; new and more accurate topography; etc. Objective 3.3 – Refine the limits of existing flood hazards based on more accurate topographic information, also convert several Zone “A” SFHAs to Zone “AE” SFHAs. 260 Casselberry Floodplain Management Profile 1 Introduction Overview The City of Casselberry was incorporated in 1940 in Seminole County. It is located in the southern portion of the county east of the Cities of Longwood and Altamonte Springs and to the west of Winter Spring. Casselberry covers 7.5 square miles. The city’s population is 30,035. Involvement with the National Flood Insurance Program (NFIP) Casselberry has been participating in the Community Rating System (CRS) program since 2019 and awarded class 8 since. It also has a history with the National Flood Insurance Program’s (NFIP). Figure 1. City of Casselberry Source: Seminole County GIS Figure 2. National Flood Insurance Program 261 Casselberry Floodplain Management Profile 2 Risk Assessment Communities must address four components when assessing risk. They are identifying hazards, profiling hazard events, inventorying assets, and estimating loss. This process measures the potential loss of life, personal injury, economic injury, and property damage resulting from natural hazards by assessing the vulnerability of people, buildings, and infrastructure to natural hazards (FEMA). This section of the community profile assesses the potential of risk with respect to floodplain management in Casselberry. There are six categories that address the four components identified in risk assessment as defined through the Federal Emergency Management Agency (FEMA): identifying flood zones within the city, surface water locations, property value within each flood zone, insurance statistics, vulnerable populations, and critical facilities. FEMA Flood Zones Figure 3 shows that the percentage of non- submerged acreage found in the 0.2 percent Annual Chance Flood Hazard of the 100 Year Floodplain; 0.5%. Non-submerged acreage refers to land not inundated by surface water. The largest quantity of the acreage is found in the northern portion of the city by Lake Kathryn and along the flood way situated towards Gee Creek Flood Zone A accounts for 3.31% of the floodplain total. Flood Zone AE comprises 12.13% of the city’s total non- submerged acreage, Zone AH accounts for 0.31% and Zone X covers 82%. Figure 3. FEMA Flood Zone, Percentage of Acreage for the City of Casselberry, 2013, Non-Submerged Acres *of the 100 Year Flood 262 Casselberry Floodplain Management Profile 3 Surface Water Table 1. Percentage of Total Surface Water Figure 4. Lake Howell Source: Seminole County Water Atlas Figure 5. Lake Kathryn Source: Seminole County Water Atlas There are 39 bodies of surface water located in Casselberry. Surface water accounts for 15.9% of the total land make– up. Table 1 displays the three largest bodies of water and their percentage of total surface water in Casselberry. All bodies of water are located in or within close proximity of the Special Flood Hazard Area (SFHA). Lake Howell is the largest body of water, accounting for 49.1 % of the total percentage of surface water. It is located in the southeast section of the city and the boundaries are shared with Seminole County. The second largest body of water is Lake Kathryn comprising 9.1% of the total percentage of surface water. The lake is located in the northern portion of the city. Middle Lake Triplet is located the central section of the city and spans 5.4% of the total percentage of surface water. 263 Casselberry Floodplain Management Profile 4 Property Value Flood Zone Total Appraised Value 0.2 Pct. Annual Chance Flood Hazard* $131,477,884 Zone A $100,548,561 Zone AE $348,423,613 Zone AH $1,494,766 Zone X $1,715,803,100 Grand Total $2,297,747,924 *of the 100 Year Flood Source: City of Casselberry GIS Casselberry has over two billion dollars of appraised property value that could be vulnerable to flood risk damage. The largest property value is found in Flood Zone X where 75% of the city’s total property value is found. Flood Zone AE contains the second largest appraised value that could be vulnerable to flood risk damage at 15%of the total value of Casselberry. There is close to $250 million dollars of property value at risk in the remaining flood zones. Flood Insurance Table 3. Policy Statistics for the City of Casselberry, as of 11/02/2020 Policies in-Force Insurance in-Force Whole Written Premiums in-Force 286 $69,901,100 $182,690 Source: FEMA Casselberry has 286 insurance policies in force according to the Federal Emergency Management Agency. The total coverage amount for these insurance policies is $69,901,100while the premium paid for them is $182,690 Table 4. Loss Statistics for the City of Casselberry, as of 11/02/2020 Closed Paid Losses Total Payments 30 $126,385.16 Source: FEMA Total losses that had been paid in full in Casselberry accounted for 30 claims and total payments made to claimants since 1978 is numbered at $126,385.16. Table 2. Total Appraised Value by Flood Zone, 2021 264 Casselberry Floodplain Management Profile 5 Vulnerable Population Vulnerable populations are those segments of the community who are considered to be most prone to risk in the time of hazard. In Casselberry, 15.1% of the population is over the age of 65. Repetitive Loss Property Repetitive Loss properties are defined as those properties that have been flooded on more than one occasion. Casselberry does not have repetitive loss properties. In the event that properties do begin to meet that criteria then there are buy out programs that can be initiated to purchase the property. These measures protect residents from harm and remove development from the floodplain (Schwab, 2014). Manufactured Homes There are over one thousand manufactured homes located in Casselberry. The two largest communities are Summerloch Green (formerly known as Lake Kathryn Park) and Seminole Speedway. While the vast majority of these manufactured homes are located in Flood Zone X, there are a considerable number of ones that are not. Casselberry restricts manufactured home placement to existing manufactured parks homes or sub- divisions. The city’s land development code regulates standards for manufactured homes. New or substantially improved manufactured homes in the Special Flood Hazard Area (SFHA) are required to elevate the lowest floor on a permanent foundation to no lower than one foot above the base flood elevation and must be properly anchored to resist flotation, collapse or any form of movement. Drainage paths around structures are also required to be designed to guide water away from manufactured homes. Figure 6. Selected Manufactured Homes in Floodplain Hazard 265 Casselberry Floodplain Management Profile 6 Critical Facilities Critical facilities are defined as those facilities that provide a critical function and should be protected from flood damage. Seminole County has identified four critical facilities throughout Casselberry and the emergency function they provide in times of crisis. No facility is located in the Special Flood Hazard Area (SFHA). 266 Casselberry Floodplain Management Profile 7 Mitigation Measures Mitigation is the effort to reduce loss of life and property by lessening the impact of disasters (FEMA). The policies adopted by Casselberry work to achieve these objectives and prevent flood damage. This community profile analyzes mitigation policies including Future Land Use, Environmental Efforts, Stormwater Management, and Building Practices all identified through the city’s Comprehensive Plan and Land Development Code. Casselberry is an active member of the Local Mitigation Strategy and works to make sure all plans are up to date. . Future Land Use An analysis of the Future Land Use Map by Flood Zone for the City of Casselberry is aggregated below. This analysis reflects the hazards that come with developing in flood prone areas. Table 5. 0.2 Percent Annual Chance Flood Hazard* by Future Land Use (FLU), 2021 Casselberry Future Land Use Percentage of Acres, % 0.2 Pct. Annual Chance Flood Hazard* 2.47 LDR- Low Density Residential 44.27 MDR- Medium Density Residential 35.15 REC- Recreation/Open Space 8.28 COMM- Commercial 5.48 PUB- Public Service 3.87 IND- Industrial 2.72 HDR- High Density Residential 0.23 *of the 100 Year Flood Source: City of Casselberry GIS In Casselberry 44.27% of the total Future Land Use in the 0.2 Percent Annual Chance Flood Hazard is planned for Low Density Residential. Medium Density Residential accounts for 35.15% of the total future land use. Recreation and Open Space makes up 8.28%. The remaining uses account for about 12% of the total make- up. Table 6. Flood Zone A by Future Land Use (FLU), 2021 Casselberry Future Land Use Percentage of Acres, % Flood Zone A 2.92 MDR- Medium Density Residential 37.97 LINR- Low Density Non-Res/Medium Density Res. 23.42 REC- Recreation/Open Space 17.26 LDR- Low Density Residential 10.81 PUB- Public Service 9.44 IND- Industrial 1.11 Source: City of Casselberry GIS 267 Casselberry Floodplain Management Profile 8 A third of Flood Zone A is planned for Medium Density Residential. The next largest future planned use is for Low- Density Non- Residential/ Medium Density Residential at 23.42%. Recreation and Open Space is the third largest future land use in the zone at 17.26%. Low- Density Residential future is also a notable make- up of the zone with 10.81%. The Future Land Use indicates that the city has planned residential units for over 70% of Flood Zone A. The remaining uses account for close to 30% of the total future make- up. Table 7. Flood Zone AE by Future Land Use (FLU), 2021 Casselberry Future Land Use Percentage of Acres, % Flood Zone AE 14.34 LDR- Low Density Residential 52.91 REC- Recreation/Open Space 18.01 MDR- Medium Density Residential 15.75 COMM- Commercial 4.01 PUB- Public Service 3.26 LINR- Low Density Non-Res/Medium Density Res. 3.20 HDR- High Density Residential 2.13 IND- Industrial 0.47 HINR- High Density Non-Res/Medium Density Res. 0.27 Source: City of Casselberry GIS The largest Future Land Use category in Flood Zone AE is Low Density Residential at 52.91%. Recreation and Open Space accounts for 18.01% of the total acreage followed by Medium Density Residential at 15.75%. The following most notable future uses include Commercial at 4.01%, Public Service at 3.26% and Low Density Non- Res/ Medium Density Residential at 3.20%. The remaining future uses account for close to 3% of the total of acreage. Table 8. Flood Zone AH by Future Land Use (FLU), 2021 Casselberry Future Land Use Percentage of Acres, % Flood Zone AH 0.10 COMM- Commercial 58.45 LINR- Low Density Non-Res/Medium Density Res. 30.96 LDR- Low Density Residential 9.85 MDR- Medium Density Residential 0.73 Source: City of Casselberry GIS The largest Future Land Use category in the Flood Zone AH is Commercial at 58.45%. The second largest future use is Low- Density Non- Residential/ Medium Density Residential at 30.96%. The remaining uses account for close to 10% of the total percentage of acres. 268 Casselberry Floodplain Management Profile 9 Table 9. Flood Zone X by Future Land Use (FLU), 2021 Casselberry Future Land Use Percentage of Acres, % Flood Zone X 63.20 LDR- Low Density Residential 46.30 MDR- Medium Density Residential 24.42 COMM- Commercial 8.43 LINR- Low Density Non-Res/Medium Density Res. 4.96 PUB- Public Service 4.89 REC- Recreation/Open Space 4.56 IND- Industrial 3.70 HDR- High Density Residential 2.25 HINR- High Density Non-Res/Medium Density Res. 0.50 Source: City of Casselberry GIS Low Density Residential comprises 46.30% of Flood Zone X. The next largest future uses are Medium Density Residential 24.42% and Commercial future use accounts for 8.43%. Low Density Non- Residential/ Medium Density Residential future use accounts for 4.96% followed by Public Service at 4.89% and Recreation and Open Space at 4.56%. The remaining future uses account for about 6% of the total percentage of acres. . 269 Casselberry Floodplain Management Profile 10 Figure 7. Land Use and Special Flood Hazard Areas (SFHA) 270 Casselberry Floodplain Management Profile 11 Environmental Efforts Environmental policies are a means to which a municipality values its natural heritage. Best practices in Floodplain Management mitigation include preserving natural areas located in floodplains or directing open space/ recreation uses towards them. Casselberry’s policies require that natural functions of wetlands and floodplains be protected. Land use restrictions have been implemented on the specific use of floodplains. These include, limits on natural vegetation removal, limitations on intensities and densities of development, and restrictions on fill placement in floodplains. Erosion and Sedimentation Control The city’s comprehensive plan sets objectives to protect minerals, soils and vegetation. These policies protect bodies of water and wetlands from siltation. Best management practices have been identified to control erosion and restrictions on clearing of sites prior to development. Sediment controls include temporary and permanent sodding and seeding, sediment basins and rock dams, silt fences, and vegetative buffers. These practices help reduce harmful pollutants in stormwater runoff from the construction site. Figure 8. Wetland Protection Casselberry has identified Wetland Protection as a policy in which to help mitigate against flood damage. Figure 9. Sediment Basins Sediment Basins are temporary ponds built on construction sites to capture eroded or disturbed soils. Casselberry requires this sedimentation practice. 271 Casselberry Floodplain Management Profile 12 Stormwater Management Stormwater management practices are an essential component in mitigating flood damage. Policies enacted at the municipal level are essential in controlling stormwater run- off to create minimal damage impact on property. In 2017, Casselberry adopted Stormwater and Lake Management master plan. This plan guides stormwater management for the city and identifies stormwater policies that are integral in maintaining a quality system. Casselberry is committed to protecting water resources and maintaining the natural drainage systems and watercourses. The city also adheres to best management practices that reduce run- off and improve water quality. Casselberry’s objectives are met by implementing policies such as dry retention/ detention facilities, wet detention/ retention facilities and promoting techniques such as low- impact development, which adheres to pre- development hydrologic conditions. Dry Detention/ Detention facilities are used to drain between rainfall events. Figure 11. Low Impact Development Source: Lowimpactdevelopment.org. Low Impact Development is a form of development that adheres to pre- development conditions. Examples include green roofs and permeable surfaces. 272 Casselberry Floodplain Management Profile 13 Building Practices Building Practices are essential in mitigating flood damage to structures located in flood prone zones. There are different practices that help protect property and citizens. Casselberry mandates that new residential and non- residential construction or substantial improvements to existing ones should have their lowest floor including basement elevated to at a foot above the base flood elevation (BFE). Buildings where there is an enclosed area below the lowest floor elevation are required to be designed for the entry and exit of floodwater. Dry floodproofing techniques such as these reduce damage from flooding while allowing waters to enter the structure. Most forms of development in the floodway are prohibited unless certification is by a professional engineer is issued stating that the development will result in no increase in flood levels. Standards for subdivisions are required to build utilities that minimize flood damage and must provide adequate drainage. Figure 12. Home Elevation Source: FEMA Home elevation is a dry floodproofing technique that reduces damage from flooding by allowing water to enter the structure. 273 Casselberry Floodplain Management Profile 14 City of Casselberry Floodplain Management Goals, Objectives, & Action Items Goal 1: Improve City’s GIS web viewer and outreach programs. Objective 1.1 Improve City’s online maps to provide property owners easy access to flood related data. Objective 1.2 Implement annual outreach public meetings and educational events to educate insurance agents and property owners the availability of flood related data from the City. Action Item 1.1 Pursuant to Objective 1.1, rebuild the GIS web viewer to provide floodplain zones, elevation certificates and other flood related information with regular updates. Responsible Party: City of Casselberry Public Works and IT Departments Timeline: Continuously Goal 2: Implement digital or paper system that improve access, quality, and/or ease of updating flood data within the community. Objective 2.1 Maintain benchmark files and provide access of the data to surveyors. Objective 2.2 Maintain building elevation database and update regularly using as-built or survey data. Objective 2.3 Update the latest FEMA floodplain map to reflect approved LOMCs within the community. Goal 3: Implement and improve flood protection to help mitigate flood risk. Objective 3.1 Ensure that the peak flow and volume of stormwater runoff from each site will be no greater than the runoff from the site before it was developed or redeveloped. Action Item 3.1 Regulate development by implementing routine stormwater model check during the process of reviewing engineering permit. Responsible Party: City of Casselberry Public Works Timeline: Continuously 274 Casselberry Floodplain Management Profile 15 Goal 4: Maintain and improve the City’s drainage infrastructure to help mitigate flood risk, where feasible, sustainable, and appropriate in context. Objective 2.1 Continue and, where feasible, improve routine maintenance of the City’s key drainage infrastructure components, such as major pipes, ditches, and key control structures. Objective 2.2 Strengthen the “no dumping” regulations Objective 2.3 Identify, evaluation, and implement (where feasible) potential capital improvement projects to help mitigate flood risk. Action Item 2.1 Pursuant to Objective 2.1, perform an inventory update for key components of the City’s drainage infrastructure in the City’s GIS (Geographic Information System). Responsible Party: City of Casselberry Public Works Department Timeline: Continuously Action Item 2.2 Complete (through adoption) an Illicit Discharge Ordinance Responsible Party: City of Casselberry Public Works Department Timeline: Complete adoption by December 31, 2022 Action Item 2.3 Construct an emergency overflow for Lake Lotus to help reduce flood risk. Responsible Party: City of Casselberry Public Works Department Timeline: Complete construction by January 31, 2022 275 Lake Mary Floodplain Management Profile Lake Mary Floodplain Management Profile 1 Introduction Overview The City of Lake Mary was incorporated in 1973 in Seminole County. It is located in the northern section of the county, with the city of Sanford located to the north and east, the city of Longwood to the south, and unincorporated areas to its west. Lake Mary covers 9.16 square miles. The city’s population is 13,822. Involvement with the National Flood Insurance Program (NFIP) Lake Mary became eligible for the National Flood Insurance Program’s (NFIP) Community Rating System (CRS) on October 1, 2009. The municipality currently ranks as a class five, receiving 2,500-2,999 Credit Points (cT) during its classification. The discount percentage for properties found in the Special Flood Hazard (SFHA) is twenty-five percent while the percent discount for non Special Flood Hazard Area (SFHA) properties is ten percent. The city’s participation in the program is listed as current. Figure 1. City of Lake Mary Source: Seminole County GIS Figure 2. National Flood Insurance Program Source: Seminole County GIS 276 Lake Mary Floodplain Management Profile Lake Mary Floodplain Management Profile 2 Risk Assessment Communities must address four components when assessing risk. They are identifying hazards, profiling hazard events, inventorying assets, and estimating loss. This process measures the potential loss of life, personal injury, economic injury, and property damage resulting from natural hazards by assessing the vulnerability of people, buildings, and infrastructure to natural hazards (FEMA). This section of the community profile assesses the potential of risk with respect to floodplain management in Lake Mary. There are six categories that address the four components identified in risk assessment as defined through the Federal Emergency Management Agency (FEMA): identifying flood zones within the city, surface water locations, property value within each flood zone, insurance statistics, vulnerable populations, and critical facilities. . Figure 3 shows that the percentage of non- submerged acreage found in Lake Mary. Flood Zone A accounts for 1.65% of the total percentage of non- submerged acres. Non- submerged acreage refers to land not inundated by surface water. Flood Zone AE accounts for 12.16% of the total percentage of acres and AH accounts for 1.18%. Flood Zone X accounts 85.01% of the total percentage of non- submerged acres found in the Lake Mary. . Figure 3. FEMA Flood Zone, Percentage of Acreage for the City of Lake Mary, 2013, Non-Submerged Acres 277 Lake Mary Floodplain Management Profile Lake Mary Floodplain Management Profile 3 Surface Water Name Percentage, % Total Surface Water 9.48% West Crystal Lake 35.15% Big Lake Mary 16.23% East Crystal Lake 11.59% Source: City of Lake Mary PW Dept. Surface Water Table 1. Percentage of Total Surface Water There are 28 bodies of surface water located in Lake Mary. Surface water accounts for 9.48 % of the total land make– up. Table 1 displays the three largest bodies of water and their percentage of total surface water in the city boundaries. All bodies of water are located in or within close proximity of the Special Flood Hazard Area (SFHA). The vast majority of these lakes are closed basin lakes with no outlets. Rainfall causes closed basin lakes to rise faster than drain. The result is a variation in water elevation that can lead to flooding. The largest body of surface water is West Crystal Lake accounting for 35.15% of the total surface water. The lake is located in the Special Flood Hazard Area (SFHA). The second largest body of surface water is Big Lake Mary comprising 16.23% of the total surface water. East Crystal Lake is 11.59% of the total surface water in Lake Mary. Figure 4. West Crystal Lake Source: Seminole County Water Atlas Figure 5. East Crystal Lake, Aerial View Source: Seminole County Water Atlas 278 Lake Mary Floodplain Management Profile Lake Mary Floodplain Management Profile 4 Policies in-Force Insurance in-Force Whole Written Premiums in-Force 244 $75,652,400 $111,396 Source: FEMA Total Losses Closed Losses Open Losses CWOP Losses Total Payments 13 2 0 11 $3,016 Source: FEMA Property Value Lake Mary has $3,437,631,347 dollars in property value that could be exposed to flood damage. 97% of the appraised value is found in Flood Zone X. Flood Zone AE has 2.9%, and Flood Zones A, AH, and X (0.2 percent annual chance flood hazard) each have under one percent of the total appraised value found in Lake Mary. Insurance Statistics Lake Mary has 290 policies in force according to the Federal Emergency Management Agency. The total amount coverage for these insurance policies $81,821,200, while the premium paid for them was $141,009. . Table 4. Loss Statistics for the City of Lake Mary, as of 8/21/2020 Total property losses in Lake Mary are numbered at 13 properties since 1978. Losses that had been paid in full were accounted for 2 claims and losses that had been closed without payment (CWOP) was numbered at 11. There were no losses that had not been paid in full (Open Losses). Total payments made to claimants since 1978 is $3,015.68. Table 2. Total Appraised Value by Flood Zone, 2020 Table 3. Policy Statistics for the City of Lake Mary, as of 8/21/2020 279 Lake Mary Floodplain Management Profile Lake Mary Floodplain Management Profile 5 Vulnerable Population Vulnerable populations are those segments of the community who are Considered to be most prone to risk in the time of hazard. 21.0% of the population is over the age of 65. Repetitive Loss Property Repetitive Loss properties are defined as those properties that have been flooded on more than one occasion. Lake Mary does not have repetitive loss properties. In the event that properties do begin to meet that criteria then there are buy out programs that can be initiated to purchase the property. These measures protect residents from harm and remove development from the floodplain (Schwab, 2014). Manufactured Homes Lake Mary is limited in the number of manufactured homes located throughout its boundaries. For those manufactured homes located in the Special Flood Hazard (SFHA) mitigation policies that reduce flood damage include elevating the foundation to or at above the base flood elevation (BFE). Manufactured homes must also be anchored to a foundation system to prevent floatation or varying forms of movements. Figure 6. Manufactured Home Foundations . Chassis are the steel frames of manufactured homes. Block piers and anchors are building methods utilized to mitigate flood damage. 280 Lake Mary Floodplain Management Profile Lake Mary Floodplain Management Profile 6 Critical Facilities Critical facilities are defined as those facilities that provide a critical function and should be protected from flood damage. Seminole County has identified 16 critical facilities throughout Lake Mary and the emergency function they provide in times of crisis. No facility is located in the Special Flood Hazard Area (SFHA). 281 Lake Mary Floodplain Management Profile Lake Mary Floodplain Management Profile 7 Lake Mary Future Land Use Percentage of Acres, % Flood Zone A 1.65 LDR- Low Density Residential 22.69 COM- Commercial 13.39 REC- Recration 13.08 IND- Industrial 11.89 PUB- Public/ Semi- Public 9.18 HIPTI- High Intensity Planned Development 6.71 RCOM- Restricted Commercial 6.45 HTM- High Tech & Medical 6.23 HDR- High Density Residential 4.29 DDD- Downtown Development District 3.34 OFF- Office 1.62 MDR- Medium Density Residential 1.57 RR- Rural Residential 0.87 LMDR- Low/ Medium Density Residential 0.05 Source: City of Lake Mary PW Dept. Mitigation Measures Mitigation is the effort to reduce loss of life and property by lessening the impact of disasters (FEMA). The policies adopted by Lake Mary work to achieve these objectives and prevent flood damage. This community profile analyzes mitigation policies including Future Land Use, Environmental Efforts, Stormwater Management, and Building Practices all identified through the city’s Comprehensive Plan and Land Development Code. Lake Mary is an active member of the Local Mitigation Strategy and works to make sure all plans are up to date. .. Future Land Use An analysis of the Future Land Use Map by Flood Zone for the City of Lake Mary is aggregated below by percentage of total acreage in the flood zone. This analysis reflects the potential hazards that come with planning for growth in flood prone areas. . Table 5. Flood Zone A by Future Land Use (FLU), 2020 Low Density Residential is the largest future planned use for Flood Zone A with 22.69% of the total percentage of acreage. The second largest planned use is Commercial at 13.39%. Recreation comprises 13.08% and Industrial consists of 11.89% of the total percentage acreage. Public and Semi Public is 9.18% and High Intensity Planned Development is 6.71%. Restricted Commercial and High Tech & Medical are 6.45% and 6.23%. The remaining future uses account for 7.44% of the flood zone. 282 Lake Mary Floodplain Management Profile Lake Mary Floodplain Management Profile 8 Lake Mary Future Land Use Percentage of Acres, % Flood Zone AH 1.18 LDR- Low Density Residential 75.16 IND- Industrial 18.44 MUMT- Mixed-Use Mid-Town 3.05 PUB- Public/ Semi- Public 2.30 COM- Commercial 0.99 RCOM- Restricted Commercial 0.06 Source: City of Lake Mary PW Dept. Lake Mary Future Land Use Percentage of Acres, % Flood Zone AE 12.16 LDR- Low Density Residential 33.90 RR- Rural Residential 25.33 REC- Recration 15.79 LMDR- Low/ Medium Density Residential 9.90 MDR- Medium Density Residential 5.85 COM- Commercial 3.65 PUB- Public/ Semi- Public 3.37 HTM- High Tech & Medical 0.85 DDD- Downtown Development District 0.66 IND- Industrial 0.44 OFF- Office 0.22 HDR- High Density Residential 0.06 Source: City of Lake Mary PW Dept. Table 5. Flood Zone AE by Future Land Use (FLU), 2020 Low Density Residential accounts for 33.90% of the total percentage of acreage in Flood Zone AE. Rural Residential comprises 25.33% of future land use. Recreation is planned for 15.79% of the flood zone. Low/ Medium Density Residential accounts for 9.90% of the planned future use in Lake Mary. Medium Residential use makes up 5.85%; Commercial is 3.65%. The remaining categories account for the last 5.59% of the future land use in Lake Mary. . Table 6. Flood Zone AH by Future Land Use (FLU), 2020 Flood Zone AH is dominated by Low Density Residential future use at 75.16% of the total percentage of acreage. The next largest category is Industrial at 18.44%. Mixed- Use Mid-Town comprises of 3.05% of the planned future use. Public/ Semi- Public accounts for 2.30% of future land use. Commercial and Restricted Commercial compete the future make- up with 0.99% and 0.06%. . 283 Lake Mary Floodplain Management Profile Lake Mary Floodplain Management Profile 9 Lake Mary Future Land Use Percentage of Acres, % Flood Zone X 85.01 LDR- Low Density Residential 34.91 IND- Industrial 11.77 COM- Commercial 11.34 LMDR- Low/ Medium Density Residential 8.56 RR- Rural Residential 6.73 MDR- Medium Density Residential 6.30 REC- Recration 4.43 PUB- Public/ Semi- Public 3.79 HTM- High Tech & Medical 3.11 HDR- High Density Residential 2.23 DDD- Downtown Development District 1.90 RCOM- Restricted Commercial 1.75 HIPTI- High Intensity Planned Development 1.65 OFF- Office 0.83 MUMT- Mixed-Use Mid-Town 0.71 Source: City of Lake Mary PW Dept. Table 6. Flood Zone X by Future Land Use (FLU), 2020 In Lake Mary Low Density Residential accounts for 34.91% of the total percentage of acreage in Flood Zone X. The next largest future land use category is Industrial with 11.77%. Commercial accounts for 11.34% of the total future land use in Flood Zone X. Low/ Medium Density Residential accounts for 8.56% and Rural Residential is 6.73%of the total make- up. Medium Density Residential, Recreation and Public/Semi Public account for 6.30%, 4.43% and 3.79%. High Tech & Medical is 3.11% of the total percentage of acreage for Flood Zone X. The remaining future land uses account for 9.06% of the total make- up. Figure 7. Future Land Use and Special Flood Hazard Areas (SFHA) 284 Lake Mary Floodplain Management Profile Lake Mary Floodplain Management Profile 10 Environmental Efforts Environmental policies are a means to which a municipality values its natural heritage. Best practices in Floodplain Management mitigation include preserving natural areas located in floodplains or directing open space/ recreation uses towards them. Lake Mary has multiple policies to protect the shorelines, flood hazard areas, watercourses, and natural wetlands to help create natural flood mitigation. By doing this, Lake Mary believes they can minimize flood damage, keep a stable tax base, and minimize the amount of future projects needed to protect against floods. The city abides to the requirements set in the Tile 44 Code. Erosion and Sedimentation The city’s comprehensive plan sets objectives to protect minerals, soils and vegetation. These policies protect bodies of water and wetlands from siltation. The City of Lake Mary tries to manage dredging, mining, paving, grading, filling, and drilling to protect against erosion in the city. Stormwater Management Stormwater management practices are an essential component in mitigating flood damage. Policies enacted at the municipal level are essential in controlling stormwater run- off to create minimal damage impact on property. Lake Mary has plenty of retention ponds and drainage facilities to manage run- off. Figure 8. Wetlands in Lake Mary Figure 9. Shore erosion in Lake Mary 285 Lake Mary Floodplain Management Profile Lake Mary Floodplain Management Profile 11 Recently, Lake Mary raised stormwater fees to make sure the fund doesn’t dry up and money is set aside to fix drains and other facilities. Building Practices Building Practices are essential in mitigating flood damage to structures located in flood prone zones. There are different practices that help protect property and citizens Lake Mary mandates that new residential and non- residential construction or substantial improvements to existing ones should have their lowest finished floor including basement elevated to at a foot and a half above the base flood elevation (BFE). In areas delineated on the FIRM and base flood elevation (BFE), Flood Plain Administrators must follow certain steps. They must try to find any flood data from state and federal governments. When information can’t be found, the structure must be built three and a half feet above the tallest adjacent ground. When a developer wants to build in a regulatory floodway, an analysis must take place in order to prove the base flood elevation (BFE) won’t rise. Structures must be built to minimize or eliminate flood damage. There must be enough drainage to reduce flooding. Figure 10. House elevation This house in Lake Mary that has been built above the base flood elevation (BFE). As you can see, the house has been built on stilts to keep it from flooding, a common technique of dry floodproofing. 286 Lake Mary Floodplain Management Profile Lake Mary Floodplain Management Profile 12 Goal 1: Develop policies and regulation to support effective floodplain management. Objective 1.1- Develop and enforce land use policies, plans and regulations to discourage or prohibit inappropriate location of structures or infrastructure components in areas of high risk to flooding Objective 1.2- Participate fully in the National Flood Insurance Program and the associated Community Rating System. Objective 1.3- Develop and enforce building and land development codes that are effective in addressing the flooding hazards threatening the community. Objective 1.4- Establish and enforce regulations to ensure that public and private property maintenance is consistent with minimizing vulnerabilities to flooding. Goal 2: Work in conjunction with the County and other local governments to create and support floodplain management throughout the county. Objective 2.1- Participate fully in the countywide Floodplain Management Plan and associated Floodplain Management Team working group. Objective 2.2- Coordinate with the County and other local government agencies to develop and administer outreach programs to gain participation in mitigation programs by business, industry, institutions and community groups. Objective 2.3- Comply with interagency agreements and collaborate with the County and other local governments to improve multi-jurisdiction / multi-agency coordination 287 Oviedo Floodplain Management Profile Introduction Overview The City of Oviedo was incorporated in 1925 in Seminole County, FL. It is located in the southern portion of the county, bordered by Orange County to the south, the City of Winter Springs to the west and rural unincorporated Seminole County to the north and east. The city currently covers 16 square miles. The current population is 40,021 people. Involvement with the National Flood Insurance Program (NFIP) Oviedo became eligible for the National Flood Insurance Program’s (NFIP) Community Rating System (CRS) on October 1, 2008. The municipality is currently ranked in class six. Class six implies that Oviedo received 2,000- 2,499 Credit Points (cT) during its classification. The discount percentage for Special Flood Hazard Areas (SFHA) is 20% while the percent discount for non-Special Flood Hazard Area (SFHA) is 10%. This classification within the NFIP is held until May 1, 2024. Figure 1. City of Oviedo Source: Seminole County GIS Department Figure 2. Flood Damage Source: City of Oviedo 288 Oviedo Floodplain Management Profile Oviedo Floodplain Management Profile 2 Risk Assessment Communities must address four components when assessing risk. They are identifying hazards, profiling hazard events, inventorying assets, and estimating loss. This process measures the potential loss of life, personal injury, economic injury, and property damage resulting from natural hazards by assessing the vulnerability of people, buildings, and infrastructure to natural hazards (FEMA). This section of the community profile assesses the potential of risk with respect to floodplain management in Oviedo. There are six categories that address the four components identified in risk assessment as defined through the Federal Emergency Management Agency (FEMA): identifying flood zones within the city, surface water locations, property value within each flood zone, insurance statistics, vulnerable populations, and critical facilities. . FEMA Flood Zones Figure 3 shows that the percentage of non- submerged acreage found in the 0.2 percent Annual Chance Flood of the 100 Year Floodplain; 0.06%. Non- submerged acreage refers to land not inundated by surface water. The largest quantity of that acreage is found in the southeast corner of the city on the edges of Horse Shoe Lake, with over five acres. Flood Zone A accounts for 6.52% acres of the municipality. Over 200 acres of this zone is located in the southwest corner and the second largest allocation of Flood Zone A accounts for over 190 acres located in the southeast portion in proximity to Horse Shoe Lake. Flood Zone AE accounts for over 15.57% of the total. Over 88% of Flood Zone AE is found in the floodway running in tandem with the Little Econlockhatchee and Econlockhatchee River. Flood Zone AH accounts for 0.49% of the total acreage. Flood Zone X has moderate to minimal risk of flooding and accounts for over 77% of the total acreage of Oviedo. *of the 100 Year Flood Source: Seminole County GIS Dept. Figure 3. FEMA Flood Zone, Percentage of Acreage for the City of Oviedo, 2013, Non-Submerged Acres 289 Oviedo Floodplain Management Profile Surface Water Table 1. Percentage of Total Surface Water Figure 4. Econlockhatchee River Source: Seminole County Water Atlas Figure 5. Horseshoe North Lake Source: Seminole County Water Atlas There are 19 bodies of surface water that are located throughout Oviedo and they cover close to 5% of the total land use; all located within the Special Flood Hazard Area (SFHA). Table 1 displays the three largest bodies of water and their percentage of total surface water in Oviedo. The vast majority of these lakes are closed basin lakes with no outlets. Rainfall causes closed basin lakes to rise faster than drain. The result is a variation in water elevation that can lead to flooding. The largest surface water in Oviedo is the Econlockhatchee River, which is located in the eastern portion of the city. It consists of 44.8% of the total surface water. Horseshoe North Lake accounts for 13.3% of the total surface water and is located in the southeast area of Oviedo. The third largest body of surface water is the Little Econlockhatchee River, which covers 7.4%. This river is also found in the eastern area of the city. 290 Oviedo Floodplain Management Profile Oviedo Floodplain Management Profile 4 Property Value Oviedo has over three billion dollars in appraised property value that could be vulnerable to flood risk damage. While close to 86% of the appraised property value is found in Flood Zone X. It is important to note that over half a billion dollars in property value is found in the Special Flood Hazard Areas (SFHA). Flood Insurance Oviedo has 727 insurance policies in force according to the Federal Emergency Management Agency. Total property losses in Oviedo are numbered at 34 properties since 1978. The total coverage amount for these insurance policies is $199,092,900.00, while the premium paid for them is $297,653.00. Losses that had been paid in full accounted for 17 claims and losses that had been closed without payment (CWOP) were counted at 17 claims. There were no losses that had not been paid in full (Open Losses). Total payments made to claimants since 1978 is numbered at $125,372.67. Vulnerable Population Vulnerable populations are those segments of the community who are considered to be most prone to risk in the time of hazard. 10.2% of the population is over the age of 65. Repetitive Loss Property Repetitive Loss properties are defined as those properties that have been flooded on more than one occasion. Oviedo does not have repetitive loss properties. Table 2. Total Appraised Value by Flood Zone, 2014 Table 4. Loss Statistics for the City of Oviedo, no changes since 2015 update 291 Oviedo Floodplain Management Profile Oviedo Floodplain Management Profile 5 In the event that properties do begin to meet that criteria then there are buy out programs that can be initiated to purchase the property. These measures protect residents from harm and remove development from the floodplain (Schwab, 2014). Manufactured Homes Oviedo does not have land currently zoned for mobile home parks. At this time there are no manufactured homes within its boundaries. There is one manufactured home built on slab. Critical Facilities There are 17 critical facilities found in Oviedo. None of these facilities are located in the SFHA. 292 Oviedo Floodplain Management Profile Oviedo Floodplain Management Profile 6 Mitigation Measures Future Land Use An analysis of the Future Land Use Map by Flood Zone (non- submerged acres) for the City of Oviedo is shown below. This reflects the hazards that come with developing in flood prone areas. The map shows the Future Land Use codes and flood zones, including where these areas overlaps. The Future Land Use codes used on this map include CM (Commercial), HDR (High Density Residential), LDR (Low Density Residential), and PUD (Planned Unit Development). The flood zones include A, AE, and AH which are all part of the Special Flood Hazard Area (SFHA), as well as X (minimal area of flooding), and all other values. . Figure 6. Future Land Use and Special Flood Hazard Areas (SFHA) 293 Oviedo Floodplain Management Profile Oviedo Floodplain Management Profile 7 Environmental Efforts Oviedo prohibits construction within the floodway that would diminish the functional floodway capacity. An analysis of the Future Land Use Map found in Section 2.2 found that 37% of Future Use is designated for Conservation in Flood Zone A and over 62% in Flood Zone AE. There is no conservation found in the Future Land Use for Flood Zone AH. As mentioned, these zones are part of the Special Flood Hazard Area (SFHA). Municipal policies intended towards minimizing potential flood damage is achieved through directing recreation, conservation and common open space to those areas within the Flood Zone. This restricts development to occur outside the 100 Year Floodplain, which creates clusters of residential developments. Erosion and Sediment Control Oviedo‘s mitigation policies are intended to minimize erosion and control sedimentation. Construction projects associated with the development order application are required to submit an erosion and sediment control plan to ensure that certain measures are properly addressed. These measures are also required to follow through with state environmental standards. Mitigation policies intended to support minimizing erosion and controlling sedimentation include leaving steep slopes and wetlands undisturbed and promoting natural vegetative cover. The benefits included in these policies include but are not limited to reducing the velocity of run-off and increasing infiltration into the soil.1 Other policies identified to control sedimentation from construction sites are practicing run- off control measures and sediment trapping measures. Stormwater Management Stormwater run– off is an essential component in helping to mitigate flood damage. Oviedo requires that development adhere to the natural drainage system. This policy promotes conservation efforts to protect wetlands throughout the city. The functions of these natural resources are to retain and filtrate water. 1 Section 10.2 Drainage and Stormwater Management and Erosion Control, Article X. Floodways, Floodplains, Drainage, and Erosion of Oviedo’s Land Development Code Figure 7. Econ Corridor Project The Econ Corridor Project is a conservation effort to protect environmentally sensitive lands. These forms of mitigation policies prevent development in the flood prone area. 294 Oviedo Floodplain Management Profile Oviedo Floodplain Management Profile 8 Performance and design standards for stormwater management are found in Oviedo’s Engineering Standards Manual. These standards are directed toward implementing effective policies that help circumvent extensive damage in the event of severe stormwater flooding. Performance standards include implementing best management practices requiring the retention/detention of stormwater, managing discharge levels and protecting water quality. Design standards include proper maintenance, having accessible entrance channels, and designing under drain systems for the purpose of removing stormwater. Figure 8. Oviedo Drainage and Stormwater Management & Erosion Control 295 Oviedo Floodplain Management Profile Oviedo Floodplain Management Profile 9 Building Practices Oviedo building practices mandate that developments orders or permits cannot be issued within floodplains until development adheres to certain goals. These goals include all developments and public facilities are located and constructed to minimize or eliminate flood damage and that adequate drainage is provided. As annotated earlier, no new construction is permitted in the floodway. Construction in the floodplain also mandates that no new construction or improvements take place unless the lowest floor is elevated to no lower than two foot above the base flood elevation (BFE). For non- residential buildings, flood-proofing techniques can be used in lieu of elevation. These techniques are required to be certified by a professional engineer or architect. Floodproofing techniques identified by the city are intended to withstand flood depths, pressure, impact, and prevent the passage of water in buildings below the base flood. Figure 9 displays several FEMA floodproofing techniques including, situating the primary residence above the Base Flood Elevation (BFE) and elevating HVAC equipment to an upper floor. In subdivision regulations, final plat approvals are not authorized unless the boundaries of the floodplain are identified on the plat. All new residential and commercial structures located within or near a Special Flood Hazard Area are required to submit an original Elevation Certificate to the Engineering Department prior to a Certificate of Occupancy being issued. . Figure 9. FEMA Floodproofing Techniques Source: FEMA 296 Oviedo Floodplain Management Profile Oviedo Floodplain Management Profile 10 Responsible party Deadline City of Oviedo Annual Goal 1: To maintain the condition of the stormwater ponds in Oviedo Objective 1.1- Perform on-going maintenance of tributaries and canals. Objective 1.2- Perform on-going maintenance of city wide storm water master system. City of Oviedo Annual Goal 2: To maintain the quality of the street drainage facilities in Oviedo Objective 2.1- Perform on-going maintenance of street cleaning and storm drains. Objective 2.2- Perform on-going maintenance of street culverts and storm water pond inlets and outfalls. City of Oviedo Annual Goal 3: To improve the quality of water in Oviedo Objective 3.1- Perform measures to further reduce pollutants from the cities MS4 systems to surface water within the incorporated limits. Objective 3.2- Perform measures to further identify and reduce localized flash flooding to roadways from heavy rainfall weather events and implement infrastructure improvements when financially feasible and appropriate. 297 Sanford Floodplain Management Profile Sanford Floodplain Management Profile 1 Introduction Overview The City of Sanford was incorporated in 1877 in Seminole County. It is located in the northern section of the county, with the City of Lake Mary located to the south and Volusia County to the north. Unincorporated Seminole County borders Sanford on its west and east boundaries. Sanford covers 23.69 square miles making it the largest municipality within Seminole County. The city’s population is 61,448. Involvement with the National Flood Insurance Program (NFIP) Sanford was accepted into the National Flood Insurance Program’s (NFIP) Community Rating System (CRS) on October 1, 2016 with an initial Rating of 7. Figure 1. City of Sanford Source: Seminole County GIS Figure 2.National Flood Insurance Program 298 Sanford Floodplain Management Profile Sanford Floodplain Management Profile 2 Risk Assessment Communities must address four components when assessing risk. They are identifying hazards, profiling hazard events, inventorying assets, and estimating loss. This process measures the potential loss of life, personal injury, economic injury, and property damage resulting from natural hazards by assessing the vulnerability of people, buildings, and infrastructure to natural hazards (FEMA). This section of the community profile assesses the potential of risk with respect to floodplain management in Sanford. There are six categories that address the four components identified in risk assessment as defined through the Federal Emergency Management Agency (FEMA): identifying flood zones within the city, surface water locations, property value within each flood zone, insurance statistics, vulnerable populations, and critical facilities. Figure 3 shows that the percentage of non- submerged acreage found in Sanford. The 0.2 percent Annual Chance Flood Hazard of the 100 Year Floodplain accounts for 0.9% of the total percentage of non- submerged acreage. Much of this zone is located near the banks of Lake Monroe. Non- submerged acreage refers to land not inundated by surface water. Flood Zone A accounts for 3.6% of the total percentage of non- submerged acres. Flood Zone AE comprises 5.7% and is predominately found in the surrounding areas of Lake Monroe. Flood Zone AH is 0.79% of the total make- up. Flood Zone X is 89% of the total percentage of non- submerged acres. . Figure 3. FEMA Flood Zone, Percentage of Acreage for the City of Sanford, 2013, Non-Submerged Acres *of the 100 Year Flood Source: Seminole County GIS Dept . 299 Sanford Floodplain Management Profile Sanford Floodplain Management Profile 3 Surface Water Table 1. Percentage of Total Surface Water There are 23 bodies of surface water located in Sanford. Surface water accounts for 6.2% of the total land make– up. Table 1 displays the three largest bodies of water and their percentage of total surface water in Sanford. All bodies of water are located in or within close proximity of the Special Flood Hazard Area (SFHA). The vast majority of these lakes are closed basin lakes with no outlets. Rainfall causes closed basin lakes to rise faster than drain. The result is a variation in water elevation that can lead to flooding. Lake Monroe is a notable exception connecting to the St. Johns River. Lake Monroe is the largest lake in Sanford accounting for 53.8% of the total surface water make up of the city. The body of water is located to north of the city. Little Lake Mary is the second largest body of water comprising 5.6% of the total surface water and is located in the southern section of this jurisdiction. Lake Ada is also located in the southern portion of Sanford. This body of water makes up 5.4% of the total percentage of surface water. Figure 4. Lake Monroe, Aerial View Source: Seminole County Water Atlas Figure 5. Little Lake Mary Source: Seminole County Water Atlas 300 Sanford Floodplain Management Profile Sanford Floodplain Management Profile 4 Property Value Sanford has over 5.7 billion dollars in appraised value that could be vulnerable to flood risk damage. The largest property value risk is found in Flood Zone X, with 95%. Flood Zone AE accounts for the second largest appraised value that could be vulnerable to risk at 2.7%. Those properties zone A, AH, and within the 0.2 Pct. Annual Chance Hazard of the 100-year flood have over 124 million dollars of property risk. Insurance Policies Policies in Force Insurance in Force Whole Written Premiums in Force 589 $154,118,200 $329,283 Sanford has 618 insurance policies in force according to the Federal Emergency Management Agency. The total coverage amount for these insurance policies is $152,232,400, while the premium paid for them averaged $343,110. Table 4. Loss Statistics for the City of Sanford, as of 09/20/2020 Total Losses Closed Losses Open Losses CWOP Losses Total Payments 79 $609,850.70 Total property losses in Sanford are numbered at 79 properties since 1978. Losses that had been paid in full accounted for accounted for 41 claims and losses that had been closed without payment (CWOP) were totaled at 28 claims. There were no losses that had not been paid in full. Total payments made to claimants since 1978 is valued at $609,850.70. Table 2. Total Appraised Value by Flood Zone, 2020 Table 3. Policy Statistics for the City of Sanford, as of 09/20/2020 301 Sanford Floodplain Management Profile Sanford Floodplain Management Profile 5 Vulnerable Population Vulnerable populations are those segments of the community who are considered to be most prone to risk in the time of hazard. 9.3% of the population is over the age of 65. Repetitive Loss Property Repetitive Loss Properties are defined as those properties that have been flooded on more than one occasion. Sanford eight repetitive loss properties. In the event that properties do begin to meet that criteria then there are buy out programs that can be initiated to purchase the property. These measures protect residents from harm and remove development from the floodplain (Schwab, 2014). Manufactured Homes Figure 6. Manufactured Home Flood Hazard Manufactured home communities, such as the one showed above in Sanford are vulnerable populations susceptible to flood hazard without proper mitigation measures. Sanford has a large mobile home park located in its southern jurisdiction that could be vulnerable to flood inundation. Figure 6 illustrates the potential risk. The City’s Land Development Code sets standards for these forms of residences. Mitigation policies that help protect flood damage to manufactured homes include setting the permanent foundation to no lower than two feet above the base flood elevation and must have an adequate anchored foundation system to circumvent flotation and other forms of movement. Critical Facilities Critical facilities are defined as those facilities that provide a critical function and should be protected from flood damage. Seminole County has identified 66 critical facilities throughout Sanford and the emergency function they provide in times of crisis. No facility is located in the Special Flood Hazard Area (SFHA). 302 Sanford Floodplain Management Profile Sanford Floodplain Management Profile 6 Mitigation Measures Mitigation is the effort to reduce loss of life and property by lessening the impact of disasters (FEMA). The policies adopted by Sanford work to achieve these objectives and prevent flood damage. This community profile analyzes mitigation policies including Future Land Use, Environmental Efforts, Stormwater Management, and Building Practices all identified through the city’s Comprehensive Plan and Land Development Code. . Future Land Use An analysis of the Future Land Use Map by Flood Zone (non-submerged acres) for the City of Sanford is aggregated below. This analysis reflects the hazards that come with planning for growth in flood prone areas. Table 5. 0.2 Percent Annual Chance Flood Hazard* by Future Land Use (FLU), 2020 0.2% Annual chance by FLU In Sanford, 31.13% of the total percentage of acreage for the 0.2 Percent Annual Chance Hazard of the 100-year flood is planned for the Waterfront Downtown Business District, mixed use district. The next largest future land use Resource Protection District at 21.72%. Low Density Residential districts are the third largest future use in this flood hazard area at 13.39%. Airport Industry & Commerce, another variation of a mixed- use district accounts for 6.38%. FLU Designation area Percentage of total acres AIC 68.79 6.38 GC 18.21 1.69 HDR 99.41 9.22 I 6.75 0.62 LDRSF 144.32 13.39 MDR15 52.73 4.89 NC 4.82 0.44 PRO 11.42 1.05 PSP 29.83 2.76 ROI 21.11 1.95 RP 234.02 21.72 SE 50.54 4.69 WDBD 335.48 31.13 303 Sanford Floodplain Management Profile Sanford Floodplain Management Profile 7 Table 6. Flood Zone A by Future Land Use (FLU), 2020 Flood Zone A by FLU Airport Industry and Commerce accounts for 45.02% of the total future land use in Flood Zone A. West Side Industry and Commerce comprises 13.49% of the total future land use. The third largest planned future use in this flood hazard area is I-4 High Intensity, a variation of a mixed-use district accounts for 10.98% of the total make- up. Table 7. Flood Zone AE by Future Land Use (FLU), 2020 Flood Zone AE by FLU FLU Designation area Percentage of total acres AIC 1754.69 45.02 GC 162.76 4.17 HDR 104.82 2.68 HI 428.05 10.98 LDRMH 73.64 1.88 LDRSF 269.78 6.92 MDR10 162.79 4.17 MDR15 65.15 1.67 NC 28.61 0.73 PRO 69.87 1.79 ROI 3.12 0.08 RP 247.84 6.35 WIC 525.93 13.49 FLU Designation area Percentage of total acres AIC 1850.67 39.45 GC 191.19 4.07 HDR 141.30 3.01 HI 62.71 1.33 I 36.37 0.77 LDRMH 73.64 1.56 LDRSF 390.71 8.32 MDR10 90.13 1.92 MDR15 218.91 4.66 NC 7.02 0.14 PRO 139.34 2.97 PSP 407.73 8.69 ROI 45.97 0.97 RP 698.17 14.88 SE 37.09 0.79 WDBD 299.89 6.39 304 Sanford Floodplain Management Profile Sanford Floodplain Management Profile 8 In Flood Zone AE Airport Industry and Commerce comprises 39.45% of the total future land use. The next largest future use is Resource Protection District with 14.48% of the total make- up. Low Density Residential Single Family is 8.32%. Table 8. Flood Zone AH by Future Land Use (FLU), 2020 Flood Zone AH by FLU Sanford’s Flood Zone AH is predominately planned for Public Semi-Public at 50.80% of the total future acreage. The next largest future use is Resource Protection District at 15.80%. Low Density Residential Mobile Home comprises 12.73%. Table 9. Flood Zone X by Future Land Use (FLU), 2020 Flood Zone X by FLU FLU Designation area Percentage of total acres GC 33.63 5.81 HDR 36.74 6.35 LDRMH 73.64 12.73 LDRSF 35.25 6.09 MDR15 8.66 1.49 PRO 2.03 0.35 PSP 293.77 50.80 ROI 3.08 0.53 RP 91.39 15.80 FLU Designation area Percentage of total acres AIC 68.79 5.36 GC 29.38 2.28 HDR 99.41 7.74 I 6.75 0.52 LDRSF 144.32 11.24 MDR10 132.76 10.34 MDR15 52.73 4.10 NC 4.82 0.37 PRO 11.42 0.89 PSP 29.83 2.32 ROI 21.11 1.64 RP 295.68 23.04 SE 50.54 3.93 WDBD 335.48 26.14 305 Sanford Floodplain Management Profile Sanford Floodplain Management Profile 9 Waterfront Downtown Business Distrct comprises 26.14% of the total future land use in Flood Zone X. The next highest district is Reeource Protection at 23.04%. Low Density Residential- Single Family also makes up a significant percentage of this Flood Zone at 11.24%. Medium Density Residential comprises 10.34% Figure 7. Future Land Use and Special Flood Hazard Areas (SFHA) 306 Sanford Floodplain Management Profile Sanford Floodplain Management Profile 10 Environmental Efforts Environmental policies are a means to which a municipality values its natural heritage. Best practices in Floodplain Management mitigation include preserving natural areas located in floodplains or directing open space/ recreation uses towards them. Sanford has committed itself to the protection of wetlands, aquatic habitats, floodways, and drainage ways. In only certain circumstances, minimal development is permitted if the reason is valid. Under Section IV (Natural Resources) of the Compreshensive Plan the City of Sanford has laid out the Goals and Objectives to protect our environment for future generations. The City cooperates with the Florida Department of Environmental Protection and the City of Sanford is part of the St. Johns River Management District. Erosion and Sedimentation Control The city’s comprehensive plan sets objectives to protect minerals, soils and vegetation. These policies protect bodies of water and wetlands from siltation. Section IV of the plan is dedicated to Natural Resources. Objective CON-1.5, Combat Soil Erosion, intends to reduce the incidence of soil erosion caused by development, breaches in shorelines and lands exposed for agricultural purposes. Policy CON-1.5.1 covers the implementation of Erosion and Sedimentation Controls as stipulated within the Land Development Regulations. Figure 8. Wetlands Wetlands from the St. Johns River that are protected from development. Figure 9. Development along the St. Johns River 307 Sanford Floodplain Management Profile Sanford Floodplain Management Profile 11 Stormwater Management Stormwater management practices are an essential component in mitigating flood damage. Policies enacted at the municipal level are essential in controlling stormwater run-off to create minimal damage impact on property. The City of Sanford has many policies and objective to help with the management of stormwater. All of these provide guidelines on where and how many drainage systems are built. Under Objective 4-5.1, there must be adequate stormwater management to allow for new development Policy 4-5.1.2 states that stormwater drainage shall be addressed as watershed management and shall be coordinate plans and policies with the appropriate Public Agencies including local, State and Federal. Policy 4-5.1.4 Addresses water quality and quantity concerns to protect the hydrological and ecological functions of water resources while permitting the most beneficial uses to occur. Figure 10. Proper Stormwater Management None of the stormwater has reached the property due to proper stormwater management practices. 308 Sanford Floodplain Management Profile Sanford Floodplain Management Profile 12 Building Practices Building Practices are essential in mitigating flood damage to structures located in flood prone zones. There are different practices that help protect property and citizens. Sanford uses the current Florida Building Code, with some modifications and higher standards. One of the higher standards dictates that the lowest floor level of any new structure, including the basement, shall be a minimum of 2-feet above the base flood elevation. Before development can begin, permits must be submitted about the nature, location, dimensions, and elevations of the area under consideration for development. A structure must be certified after placement of the lowest floor and proper floodproofing has been constructed. If they aren’t certified or meet standards, all construction must cease. Figure 11. Proper Building Practices The correct way to prepare a property for development. 309 Sanford Floodplain Management Profile Sanford Floodplain Management Profile 13 Responsible party Deadline CITY OF SANFORD Annual Goal 1: Engage in risk-based mitigation planning resulting in sustainable actions that reduce or eliminate risks to life and property from flooding. Objective 1.1- Participate in Local Mitigation Strategy meetings and communicate concerns and issues. Objective 1.2-Coordinate with the County and other local government agencies to develop and administer outreach programs to gain participation in mitigation programs by business, industry, institutions and community groups. Goal 2: Enforce proper building and stormwater objectives and practices. Objective 1.1- Continue training and review of building codes. Objective 1.2- Perform ongoing maintenance of city streets, storm drains, street culverts, and storm water pond inlets and outfalls. 310 Winter Springs Floodplain Management Profile Winter Springs Floodplain Management Profile 1 Introduction Overview The City of Winter Springs was incorporated in 1959 in Seminole County. It is located in the central section of the county, with the City of Longwood to its west and the City of Oviedo to its east. Unincorporated Seminole County borders Winter Springs to the south and Lake Jesup is the northern boundary. Winter Springs covers 15 square miles. The city’s population is 37,312. Involvement with the National Flood Insurance Program (NFIP) Winter Springs became eligible for the National Flood Insurance Program’s (NFIP) Community Rating System (CRS) on October 1, 1993. The municipality ranked a class six rating, receiving 2,000- 2,499 Credit Points (cT) during its classification and continues to maintain this designation as of 2020. The discount percentage for those properties in the Special Flood Hazard Area (SFHA) is twenty (20%) percent while the percent discount for non- Special Flood Hazard Area (SFHA) is ten (10%) percent. The city’s participation in the program is listed as current. Figure 1. City of Winter Springs Source: Seminole County GIS Figure 2. National Flood Insurance Program 311 Winter Springs Floodplain Management Profile Winter Springs Floodplain Management Profile 2 Risk Assessment Communities must address four components when assessing risk. They are identifying hazards, profiling hazard events, inventorying assets, and estimating loss. This process measures the potential loss of life, personal injury, economic injury, and property damage resulting from natural hazards by assessing the vulnerability of people, buildings, and infrastructure to natural hazards. This section of the community profile assesses the potential of risk with respect to floodplain management in Winter Springs. There are six categories that address the four components identified in risk assessment as defined through the Federal Emergency Management Agency (FEMA): identifying flood zones within the city, surface water locations, property value within each flood zone, insurance statistics, vulnerable populations, and critical facilities. Figure 3 shows that the percentage of non-submerged acreage found in Winter Springs. 0.2 Percent Annual Chance Hazard of the 100-year flood accounts for 1.84% of the total percentage of non-submerged acreage. Non-submerged acreage refers to land not inundated by surface water. Flood Zone A comprises 4.02% of the total make-up. Flood Zone AE is 12.39% and Flood Zone AH is 2.59%. Flood Zone X accounts for 79.24% of the total percentage of non-submerged acres. 2%6%1%1% 40%50% Flood Zone Percentage of Acreage Non-submerged Acres A AE AH 0.2 Percent Annual Change Hazard* X Total Figure 3. Flood Zone, Percentage of Acreage for the City of Winter Springs, 2021, Non-Submerged 312 Winter Springs Floodplain Management Profile Winter Springs Floodplain Management Profile 3 Surface Water Figure 4. Surface Water Runoff The majority of the City’s surface water runoff is into Lake Jesup and is conveyed by three of its main tributaries, Howell Creek, Gee Creek and Soldiers Creek. Howell Creek runs through the central portion of the City and has an approximate 3750- acre tributary area, thirty eight percent (38%) in the City. Bear Creek, a tributary to Howell Creek, also runs through a portion of the City and converges with Howell Creek just north of Winter Springs Boulevard. Gee Creek runs through the southwestern portion of the City and has an approximate 2,464-acre tributary in the area, twenty six (26%) percent of the City. No Name Creek is a tributary to Gee Creek and converges with Gee Creek just south of SR 434. A very small portion of the City about nine (9%) percent is with the Soldiers Creek Basin, approximately 884 acres. The creek itself enters the City’s limits near the SR 419 crossing before discharging into the western part of Lake Jesup. The 100-year flood plains in the City are located along the creeks, along the shores of lakes and in some landlocked low spot areas. 313 Winter Springs Floodplain Management Profile Winter Springs Floodplain Management Profile 4 Property Value Winter Springs has over 2.9 billion dollars in appraised value that could be vulnerable to flood risk damage. The largest property value risk is found in Flood Zone X, 78%. Flood Zone AE accounts for the second largest appraised value that could be vulnerable to risk at 12%. The next most notable flood zone that has high-appraised value is A with over 85 million dollars in property. Those properties within the 0.2 Percent Annual Chance Hazard of the 100-year flood have over 191 million dollars of property risk. Insurance Policies Winter Springs has 724 insurance policies in force according to the Federal Emergency Management Agency. The total coverage amount for these insurance policies is $193,875,900 while the premium paid for them averaged $294,912. Table 4. Loss Statistics for the City of Winter Springs, as of 12/31/2013 Total property losses in Winter Springs are numbered at 35 properties since 1978. Losses that had been paid in full accounted for 22 claims and losses that had been closed without payment (CWOP) were totaled at 13 claims. There were no losses not paid in full. Total payments made to claimants since 1978 is valued at $817,008. Table 2. Total Appraised Value by Flood Zone, 2014 Table 3. Policy Statistics for the City of Winter Springs, as of 12/31/2013 314 Winter Springs Floodplain Management Profile Winter Springs Floodplain Management Profile 5 Vulnerable Population Vulnerable populations are those segments of the community who are considered to be most prone to risk in the time of hazard. Approximately eleven (11%) percent of the population is over the age of 65. Repetitive Loss Property Repetitive Loss (RL) properties are defined as those properties that have been flooded on more than one occasion. Winter Springs currently has four (4) repetitive loss properties and Community Rating System (CRS) Outreach Program letters of standard guidelines is sent annually to 22 properties in the RL areas. In the event that properties do begin to meet that criteria, there are home buyout programs that can be initiated to purchase the property. These measures protect residents from harm and remove development from the floodplain (FEMA, 2019). Manufactured Homes Figure 5. Manufactured Home Flood Hazard Manufactured home communities, such as the one showed above in Winter Springs are vulnerable populations susceptible to flood hazard without proper mitigation measures. Manufactured homes are symbolized as red points. Winter Springs has one (1) manufactured home communities located in its jurisdiction that could be vulnerable to flood inundation. Figure 6 illustrates the potential risk. The City’s Land Development Code set standards for these forms of residences. Mitigation policies that help protect flood damage to manufactured homes include setting the elevation above the base flood level and must be anchored. The foundation must be anchored in order to prevent flotation or any varying form of movement. . 315 Winter Springs Floodplain Management Profile Winter Springs Floodplain Management Profile 6 Critical Facilities Critical facilities are defined as those locations that provide a critical function and should be protected from flood damage. Seminole County has identified eighteen (18) critical facilities throughout Winter Springs and the emergency services they provide in times of crisis. There is only one (1) facility located in the Special Flood Hazard Area (SFHA); the Winter Springs Utility East, a water pump station. Figure 7. Location of Critical Facilities Source: Seminole County GIS Critical Facilities: 1. Winter Springs Water Treatment Plant (WTP) # 2 West at 700 Sheoah Boulevard 2. Winter Springs Wastewater Treatment Plant (WWTP) West at 1000 West State Road 434 3. Winter Springs Civic Center at 400 North Edgemon Avenue 4. Winter Springs Senior Center at 400 North Edgemon Avenue 5. Winter Springs Fire Department Station # 24 at 102 North Moss Road Winter Springs Public Safety Complex at 300 North Moss Road 6. Winter Springs Water Treatment Plant (WTP) # 3 at 110 West Bahama Road 7. Seminole County Public Schools Transportation Service Station at 810 East State Road 434 8. Keeth Elementary School at 425 Tuskawilla Road 9. Winter Springs Fire Department Station # 26 at 850 Northern Way 316 Winter Springs Floodplain Management Profile Winter Springs Floodplain Management Profile 7 10. Winter Springs Water Treatment Plant (WTP) # 1 East at 851 Northern Way 11. Winter Springs Wastewater Treatment Plant (WWTP) East at 1560 Winter Springs Boulevard 12. Winter Springs City Hall at 1126 East State Road 434 13. Highlands Elementary School at 1600 Shepard Road 14. Layer Elementary School at 4201 East State Road 419 15. Winter Springs Elementary School at 701 West State Road 434 16. Winter Springs High School at 130 Tuskawilla Road 17. Indian Trails Middle School at 415 Tuskawilla Road 317 Winter Springs Floodplain Management Profile Winter Springs Floodplain Management Profile 8 Mitigation Measures Mitigation is the effort to reduce loss of life and property by lessening the impact of disasters. The policies adopted by Winter Springs work to achieve these objectives and prevent flood damage. This community profile analyzes mitigation policies including Future Land Use, Environmental Efforts, Stormwater Management, and Building Practices all identified through the city’s Comprehensive Plan and Land Development Code. Future Land Use An analysis of the Future Land Use Map by Flood Zone (non-submerged acres) for the City of Winter Springs is aggregated below. This analysis reflects the hazards that come with planning for growth in flood prone areas. Table 6. 0.2 Percent Annual Chance Flood Hazard* by Future Land Use (FLU), 2021 Flood Zone by Future Land Use Acres Percentage 0.2 Pct Annual Chance Flood Hazard* 1.84% Low Density Residential 66.15 45.85% Conservation 21.42 14.85% Rural Residential 11.96 8.29% Medium Density Residential 9.91 6.87% Recreation 8.74 6.06% Town Center District 8.45 5.86% Public / Semi-Public 6.78 4.70% Greenway Interchange District 5.01 3.47% Industrial 2.33 1.62% High Density Residential 2.09 1.45% Commercial 0.79 0.55% Mixed-Use 0.64 0.44% Total 144.27 100.00% *of the 100 Year Flood In Winter Springs, 45.85% of the total percentage of acreage for the 0.2 Percent Annual Chance Hazard of the 100-year flood is planned for Low Density Residential. The second largest planned use is Conservation at 14.85%. The next largest future land use in this flood hazard area is Rural Residential at 8.29%. Medium Residential and Recreation comprise 6.87% and 6.06%. Town Center District, which is a variation of a mixed- use district, is 5.86% of the total make up. 318 Winter Springs Floodplain Management Profile Winter Springs Floodplain Management Profile 9 Table 6. Flood Zone A by Future Land Use (FLU), 2021 Flood Zone by Future Land Use Acres Percentage Flood Zone A 4.02% Low Density Residential 101.62 32.35% Rural Residential 76.42 24.33% Recreation 70.47 22.44% Conservation 52.36 16.67% Medium Density Residential 6.57 2.09% Public / Semi Publis 4.63 1.47% High Density Residential 2.01 0.64% Total 314.08 100.00% Low Density Residential accounts for 32.35% of the total percentage of acreage in Flood Zone A. The next largest future planned use is Rural Residential at 24.33%. Recreation and Conservation account for 22.44% and 16.67%. Medium Density Residential comprises 2.09% and Public/Semi-Public is planned for 1.47% of the total percentage of acreage. Table 7. Flood Zone AE by Future Land Use (FLU), 2021 Flood Zone by Future Land Use Acres Percentage Flood Zone AE 12.39% Conservation 534.58 55.17% Low Density Residential 140.91 14.54% Towne Center 86.9 8.97% Greenway Interchange District 78.62 8.11% Recreation 37.29 3.85% Rural Residential 27.03 2.79% Medium Density Residential 20.52 2.12% High Density Residential 12.58 1.30% Industrial 11.01 1.14% Commercial 10.44 1.08% Public / Semi-Public 4.96 0.51% Mixed-Use 4.12 0.43% Total 968.96 100.00% In Flood Zone AE Conservation is designated for 55.17% of the total percentage of acres of future land use. The next largest future is Low Density Residential at 14.54%. Town Center District and Greenway Interchange District comprise 8.97% and 8.11%. Recreation accounts for 3.85% of the total future use in this flood prone area. 319 Winter Springs Floodplain Management Profile Winter Springs Floodplain Management Profile 10 Table 8. Flood Zone AH by Future Land Use (FLU), 2021 Flood Zone by Future Land Use Acres Percentage Flood Zone AH 2.51% Conservation 192.34 97.96% Medium Density Residential 3.08 1.57% Low Density Residential 0.71 0.36% Rural Residential 0.22 0.11% Total 196.35 100.00% Conservation accounts for 97.96% of the total future land use in Flood Zone AH. Medium Density comprises 1.57%. . Table 9. Flood Zone X by Future Land Use (FLU), 2021 Flood Zone by Future Land Use Acres Percentage Flood Zone X 79.24% Low Denisty Residential 2380.9 38.45% Medium Density Residential 892.72 14.42% Rural Residential 768.98 12.42% Town Center District 373.56 6.03% Commercial 317.38 5.13% Recreation 323.53 5.23% Greenway Interchange District 289.25 4.67% Public / Semi-Public 269.54 4.35% Conservation 243.38 3.93% High Desnity Residential 177.34 2.86% Industrial 35.96 0.58% Mixed Use 119.2 1.93% Total 6191.74 100.00% The largest future planned use in Flood Zone X is Low Density Residential at 38.45% of the total make- up. Medium Density Residential accounts for 14.42% and Rural Residential is 12.42%. Public/ Semi Public comprises 4.35% of the total make- up. Recreation accounts for 5.23% of the future planned use in this flood zone. 320 Winter Springs Floodplain Management Profile Winter Springs Floodplain Management Profile 11 Figure 6. Future Land Use and Special Flood Hazard Areas (SFHA) Figure 6a. Future Land Use 321 Winter Springs Floodplain Management Profile Winter Springs Floodplain Management Profile 12 Figure 6b. FEMA Flood Zone Map - Special Flood Hazard Areas (SFHA) Environmental Efforts Environmental policies are a means to which a municipality values its natural heritage. Best practices in Floodplain Management mitigation include preserving natural areas located in floodplains or directing open space/ recreation uses towards them. In recent years, development in areas of Lake Jesup, wetlands, and the 100-year flood plain have become much stricter. Figure 8 shows where these areas that is in the Conservation Overlay. Conservation Overlay in regards to the Future Land Use Map- 2030. Even though this map exists, it does not prohibit development in these areas, rather point out sensitive areas. If these areas are deemed not sensitive, development may be allowed. In Winter Springs, most of the wetlands are found near Lake Jesup. These wetlands are considered palustrine which consist of wet prairie, hydric hammocks and hardwood swamps, bayhead, and areas of cypress. These areas are being protected because they are in the floodzone and create a natural mitigation against floods. Erosion and Sedimentation Control The City’s Comprehensive Plan sets objectives to protect minerals, soils and vegetation. These policies protect bodies of water and wetlands from siltation. The regulations for water quality, erosion and sedimentation control for both the city 322 Winter Springs Floodplain Management Profile Winter Springs Floodplain Management Profile 13 and state regulatory agencies are enforced during the development review process and the implementation of the capital improvements, private new developments and re-developments. Figure 7. Conservation Overlay Conservation Overlay in Winter Springs. Figure 8. Soil Suitability Areas where soil is most suitable for development. In Winter Springs, development is impacted by the type of soil present. This is determined by how well they drain and how much load they can bear. Figure 9 shows the areas where soil is approved for development by the Soil Conservation Service. The two main soil types in Winter Springs are Urban Land-Tavares-Millhopper and Urban Land-Astatula-Apopka. Both of these soils are known for being well drained. Stormwater Management Stormwater management practices are an essential component in mitigating flood damage. Policies enacted at the municipal level are essential in controlling stormwater run- off to create minimal damage impact on property. There are 116 stormwater retention ponds in Winter Springs. In Winter Springs, there are many policies that help with stormwater management. Policy 1.2.8 states that stormwater management codes in the Code of Ordinances must set the standards for onsite stormwater systems and ways to lessen the amount of untreated run- off into the city’s lakes. Policy 1.2.9 is the Stormwater Master Plan. This policy states development is not allowed unless it abides to the Stormwater Master Plan. Policy 1.10.1 is the Public Utility System Land Requirements. This policy states that proposed development in relation to the existing utility and land needs systems must be adequate. Stormwater management falls in this category. 323 Winter Springs Floodplain Management Profile Winter Springs Floodplain Management Profile 14 Figure 9. The Soils On the left is the Urban Land-Tavares- Millhopper Soil and the right is the Urban Land-Astatula-Apopka Soil. Building Practices Building Practices are essential in mitigating flood damage to structures located in flood prone zones. There are different practices that help protect property and citizens. Policy 1.2.7 requires all new construction or substantial improvement and damage repair must fall into the standards of the National Flood Insurance Program (NFIP). The lowest floor of a structure must be eighteen inches above the Base Flood Elevation (BFE) established in the 100- year plain. The Florida Building Code mandates the BFE plus one foot free board requirement. The City Code of Ordinances states many codes that help prevent flood damage. If any structure is within a flood zone, the City’s CFM representative conducts a thorough assessment of the property and location. In December 2020, Winter Springs adopted the 2020 Florida Building Codes Chapter 16. The City’s Building Department maintained a BCEGS Class 4/4 as of the 2018 certification review. 324 Winter Springs Floodplain Management Profile Winter Springs Floodplain Management Profile 15 Goal 1 – City’s Floodplain Management Implementation Activities (Annual Basis) Objective 1.1 – Continue to maintain the City’s CRS Class 6 The City continues to implement the steps and procedures required to maintain the City’s Class 6 designation. This is an ongoing item that will continue throughout the duration of the certification. The only costs associated with this objective is staff time and resources. This will benefit City’s residents by continuing to spread awareness about Special Flood Hazard Areas and providing cost savings through insurance discounts. Objective 1.2 – Continue to provide accessible flood protection information and public outreach The City continues to provide flood protection information and resources to current and prospective residents and business owners. Information is available at City Hall, the City’s website, and by contacting the City’s CRS coordinator. This an ongoing item that will continue throughout the duration of the certification. The City will modify the availability of these items as current accessibility requirements adapt. The costs associated with this objective are minimal and only requires staff time and resources. Objective 1.3 – Continue to preserve open space areas The City of Winter Springs defines open space and conservation areas within the City’s Future Land Use Maps, Recreation and Open Space Element and Conservation Element of the City’s Comprehensive Plan. The City continues to preserve these areas to the greatest extent possible during planning and land development review. The City reviews these areas on a regular basis and the costs associated are minimal to the City. Objective 1.4 – Continue to enforce flood management provisions The City enforces flood management provisions through permit and land development review. The City’s flood management provisions are more restrictive than the current FEMA minimums, which has likely resulted in a lessen impact to structures within Special Flood Hazard Areas. The City will continue to enforce flood management provisions. The cost associated with this objective is minimal to the City and is part of standard permit review. Objective 1.5 – Continue to provide the inspection and maintenance of the drainage infrastructure and system The City performs routine inspections and maintenance activities on all publicly owned infrastructure as part of the City’s National Pollutant Discharge Elimination 325 Winter Springs Floodplain Management Profile Winter Springs Floodplain Management Profile 16 System Municipal Separate Storm Sewer System permit. This includes the periodic inspections and maintenance on critical City outfalls, piping, inlets, weirs, etc. This is an ongoing item and the City typically exceeds the State minimums for inspections. Not including staff wages, the City typically spends about $250,000 between maintenance and capital improvements on the drainage infrastructure and system. Goal 2 – Work in conjunction with the county, the cities and other local governments to create and support floodplain management throughout the county Objective 2.1 – Participate in the countywide Floodplain Management Plan and associated Floodplain Management Team working group The City continues to work with both the county and surrounding cities in a collaborative effort to help support floodplain management in Seminole County and its associated cities. This is an ongoing item that has minimal costs to the City. Objective 2.2 – Coordinate with the County and other local government agencies to develop and administer outreach programs by business, industry, institutions, and community groups The City continues to work with the County and local agencies to participate in the various outreach programs led by the County. This is an ongoing item with minimal costs to the City. 326 2020-2025 Floodplain Management Plan Action Items Special Flood Hazard Ordinance 1 The County staff should review all development ordinance language pertaining to development in the Special Flood Hazard Area (SFHA) that would require new/improved infrastructure to have hazard mitigation provisions. Responsible Agency Seminole County Development Services Deadline October 1, 2025 Cost Staff Time Project Status Notes Open Space Preservation 2 The County should use every opportunity to encourage preservation of floodplain areas as open space or other uses compatible with the flooding hazard to preserve floodplain storage capacity and reduce the potential for damage to structures. Responsible Agency Seminole County Development Services Deadline October 1, 2025 Cost Staff Time Project Status Notes 3 Evaluate Increasing Higher Standards The County should continue to enforce its existing regulations for development and mobile homes and explore the cost and benefits of other higher standards to further protect the residents of Seminole County, such as a higher freeboard requirements. Responsible Agency Seminole County Development Services Deadline October 1, 2025 Cost Staff Time Project Status Notes 4 Promote and Distribute Homeowner Property Evaluation Checklist Promote and distribute the Homeowners Property Evaluation Checklist. Vulnerable Populations, other languages, links on websites, during permit distribution, local media outlets, realtors, insurance agencies, banking institutions. Responsible Agency Seminole County Development Services and Office of Emergency Management Deadline October 1, 2025 Cost Staff Time Project Status 327 2020-2025 Floodplain Management Plan Action Items Notes 5 Cost Sharing Programs Seminole County should evaluate potential cost sharing programs both public and private, such as grants, rebates, tax, insurance credits, to encourage low cost property protection measures on private property. For example: • Surface and subsurface drainage improvements, • Berms and regrading for shallow surface flooding, and • Relocating heating and air conditioning units above the base flood elevation • May offer free permit to citizens for flood mitigation measures Responsible Agency Seminole County Development Services Deadline October 1, 2025 Cost Staff Time/ Grants Project Status Notes 6 Funding Options The County should seek state and federal funding support for higher cost measures, such as elevation, relocation and acquisition of high priority properties. The Hazard Mitigation Grant Program, Flood Mitigation Assistance Program, Building Resilient Infrastructure and Communities, should be investigated for all eligible properties. High priority properties are: • Those properties in repetitive loss areas. • Critical facilities in the special flood hazard area or subject to flood depths of more than two feet. Responsible Agency Seminole County Office of Emergency Management Deadline October 1, 2025 Cost Grants Project Status Notes 7 Water Management Ordinance Seminole County should continue to enforce the floodplain management, wetland protection, erosion and sediment control and BMP provisions of all water management ordinances. Responsible Agency Seminole County Development Services and Seminole County Public Works Deadline October 1, 2025 Cost Staff Time Project Status Notes 328 2020-2025 Floodplain Management Plan Action Items 8 Emergency Operations Plan The Seminole County Emergency Operations Plan should be reviewed in detail on an annual basis to determine where updates and improvements can be made and how to maximize credit under CRS. The Plan should then be submitted periodically for credit under CRS, and CRS will provide a critique of the plan to show what further improvements are needed. Responsible Agency Seminole County Emergency Management Deadline October 1, 2025 Cost Staff Time Project Status Notes 9 Gauge Funding The County should consider all possible local, state and federal funding options for installation of additional and/or improved lake, stream, river gauges to provide a higher level of protection to its residents. The investigation of additional gauging stations should be done in cooperation with the National Weather Service, St. Johns River Water Management District, the United States Geological Survey and FEMA. Responsible Agency Seminole County Public Works and Office of Emergency Management Deadline October 1, 2025 Cost Grants/ General Funds Project Status Notes 10 Review and Update Regional Evacuation Plan The County should ensure that all steps are being taken to alleviate traffic jams during an evacuation of the County. Hurricane warnings versus toxic fumes may require different routes to be used for evacuation. Based on current and future population projections, the County should ensure that there is adequate roadway to carry residents and evacuees to safety. Responsible Agency Seminole County Office of Emergency Management Deadline October 1, 2025 Cost Staff Time Project Status Notes 11 Review and Update Post- Disaster Emergency Permitting The County’s emergency preparedness, public information, and permits staffs should work together to formalize the post-disaster procedures for public information, reconstruction regulation and mitigation project identification. Those ideas should be expanded, further developed and adopted as a clear set of policies and procedures. 329 2020-2025 Floodplain Management Plan Action Items Responsible Agency Seminole County Development Services Deadline October 1, 2025 Cost Staff Time Project Status Notes 12 Continued On-Site Detention and Retention and Evaluation of County Maintenance of Facilities The County should continue to require developers to provide on-site detention and retention to lessen the volume and/or rate of runoff from developed sites. The County should evaluate the inspection and maintenance of these facilities to ensure that the designed storage is maintained and outfalls and piping remain in good condition. Responsible Agency Seminole County Development Services and Seminole County Public Works Deadline October 1, 2025 Cost Staff Time Project Status Notes 13 Regional Detention The County should consider the benefits of upper watershed regional detention as a way to reduce downstream flow. This approach could be combined with the preservation of open space. Responsible Agency Seminole County Development Services Deadline October 1, 2025 Cost Staff Time/ Grants Project Status Notes 14 Mullet Lake Park Road Stormwater Project The County should continue work on the Mullet Lake Park Road Stormwater Improvement Project for implementation to reduce flooding and avoid future repetitive loss properties. This project is already started through Hazard Mitigation Grant Program funds. Responsible Agency Seminole County Public Works Deadline October 1, 2025 Cost Grants Project Status Notes 15 Outreach Projects for Flood Hazard Mitigation Benefits 330 2020-2025 Floodplain Management Plan Action Items The public and decision makers should be informed about the flood hazard mitigation benefits of restoring rivers, wetlands and other natural areas. Restoration and protection techniques should be explained. This should include publicizing the need to protect lakes, streams, rivers and wetlands from illegal dumping and/or filling and inappropriate development. This campaign can be conducted through direct mail, website development, and/or neighborhood meetings. Responsible Agency Seminole County Public Works Deadline October 1, 2025 Cost Staff Time Project Status Notes 16 Outreach Projects for Property Protection Public education materials should be developed to explain property protection measures that can help owners reduce their exposure to damage by floods and the various types of insurance that are available. Because properties in floodplains may be damaged at some point, a special effort should be made to provide information and advice to floodplain property owners. Special attention should be given to repetitive loss and high hazard areas. Explore local incentives for voluntary protection measures. This can be accomplished through the following techniques: • The County’s website should be improved to make navigation to flood hazard and safety information more intuitive. • The County should increase its presence on social media, such as Facebook and NextDoor, to maximize the number of people reached with flood hazard and safety information. • The County should continue to distribute brochures about hurricanes to those living in the mapped floodplain. • The County should continue to hold the Hurricane Expo and Touch a Truck events. • Staff should reach out to homeowners’ associations and faith-based organizations to help spread the word about flood hazards and protection and safety measures. Responsible Agency Seminole County Development Services and Seminole County Office of Emergency Management Deadline October 1, 2025 Cost Staff Time Project Status Notes 17 Public Information Strategy The County should maintain a public information outreach program strategy for credit under the CRS and to prepare a program that evaluates the County’s current outreach program in terms of what is currently working and what is not working. Responsible Agency Seminole County Community Information Division and Office of Emergency Management Deadline October 1, 2025 Cost Staff Time 331 2020-2025 Floodplain Management Plan Action Items Project Status Notes 18 Critical Facility Protection Identify critical facilities whose functionality may be impacted by flood hazards and develop mitigation measures for protection. Responsible Agency Seminole County Office of Emergency Management and Seminole County Development Services Deadline October 1, 2025 Cost Staff Time/ Grants Project Status Notes 332 CONSENT AGENDA ITEM 307 CITY COMMISSION AGENDA | AUGUST 9, 2021 REGULAR MEETING TITLE Update the City’s Investment Policy Statement for the City’s Operating Cash (excludes the pension assets). SUMMARY On March 19, 2021 City staff met with Sean Gannon and Steve Alexander of PFM Asset Management LLC in a virtual meeting to discuss changes to the Investment Policy Statement (IPS). The following changes were noted: Florida Statute Requirements were added: Risk & Diversification Master Repurchase Agreement Policy Requirements of Association of Public Treasurers of US & Canada (best practices) were added: Attachment A – Glossary of Cash and Investment Management Terms Attachment B – Money Market Fund Questionnaire In addition to the above section changes, the following substantive changes were noted: Paragraph IX – Authorized Investment Institutions and Dealers: the following statement was added – The City’s Investment Advisor shall utilize and maintain its own list of approved primary and non-primary dealers. Paragraph X – Maturity Requirements: the term for holding an investment was modified from five (5) years to five and a half (5.50) years. When asked specifically about this change Mr. Gannon provided the following explanation: “Often times in new primary market (where we’d buy directly from the issuer), the “5 year” bonds will be issued to settle 5 years from the final maturity but can be traded on up to a week in advance. So in the new issue market, we would execute a trade 5 years and one week before maturity. With a maximum maturity of 5 years, we would not be able to buy those new issue corporate notes according to your current policy.“ He also noted, “this would only impact the City if we were to extend the duration of the portfolio. As it stands with a 1 year duration target, we would not be buying 5 333 year securities.” This change has been consistently applied throughout the document. Paragraph XIV – Authorized Investments And Portfolio Composition : The table of permitted investments describes in tabular form what the previous policy described in written form. Specific changes to the investments composition can be found in PFM’s attached Investment Policy Review presentation on pages 6 & 7. There were a number of wording changes throughout the document to bring it current to the firm’s changes in standards etc. These changes were not deemed to affect the substance of the document. RECOMMENDATION Staff is requesting the City Commission approve Resolution 2021-21 adopting the revised Investment Policy Statement as prepared by PFM Asset Management LLC. 334 City of Winter Springs, Florida Resolution 2021-21 Page 1 of 2 RESOLUTION NUMBER 2021-21 A RESOLUTION OF THE CITY COMMISSION OF WINTER SPRINGS, FLORIDA, ADOPTING A REVISED INVESTMENT POLICY; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS AND WRITTEN INVESTMENT POLICIES, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City is authorized to adopt a written investment policy pursuant to section 218.415, Florida Statutes; and WHEREAS, the City Commission has retained the same investment adviser pursuant to Resolution 2008-51 and the adviser has recommended that the City Commission adopt the revised Investment Policy attached to this Resolution; and WHEREAS, upon adoption of this Resolution, the City Commission also desires to repeal the previously adopted resolution which established the prior investment policy of the City; and WHEREAS, the City Commission of Winter Springs also finds that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY RESOLVES, AS FOLLOWS: Section 1.Recitals.The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Commission of the City of Winter Springs. Section 2.Amended Investment Policy. The City Commission hereby adopts the amended Investment Policy which is attached hereto as Exhibit "A"and fully incorporated herein by this reference. Section 3.Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural reasons, such portion shall 335 City of Winter Springs, Florida Resolution 2021-21 Page 1 of 2 be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. Section 4. Repeal of Prior Inconsistent Resolutions and Investment Policies. All prior resolutions or parts of resolutions or prior written investment policies in conflict herewith are hereby repealed to the extent of the conflict, including, but not limited to Resolution 2009-18. Section 5.Effective Date.This Resolution shall become effective immediately upon adoption by the City Commission. RESOLVED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 9th day of August 2021. ___________________________________ Kevin McCann, Mayor ATTEST: ________________________________________ Christian Gowan, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: _______________________________________ Anthony A. Garganese, City Attorney 336 © PFM 1© PFM City of Winter Springs Investment Policy Review March 2021 PFM Asset Management LLC 300 S. Orange Avenue, Suite 1170Orlando, FL 32801 (407) 648-2208(407) 648-1323 fax 337 © PFM 2© PFM Investment Policy Review Framework Florida Statutes Association of Public Treasurers of US and Canada GFOA Best Practices 338 © PFM 3© PFM Section 218.415 Florida Statutes Requirements •Scope •Investment Objectives •Performance Measurement •Prudence and Ethical Standards •Listing of Authorized Investments •Maturity and Liquidity Requirements •Portfolio Composition •Risk and Diversification •Authorized Investment Institutions and Dealers •Third-Party Custodial Agreements •Master Repurchase Agreement •Bid Requirement •Internal Controls •Continuing Education •Reporting The City’s Investment Policy is missing two of the Florida Statute’s Requirements 339 © PFM 4© PFM APT US & C* Investment Policy Requirements •Policy/Purpose •Scope •Prudence •Objective (Safety, Liquidity, Yield) •Delegation of Authority •Ethics and Conflict of Interest •Authorized Financial Dealers and Institutions •Authorized & Suitable Investments •Investment Pools/Mutual Fund Questionnaire •Collateralization •Safekeeping and Custody •Diversification •Maximum Maturities •Internal Control •Performance Standards •Reporting •Investment Policy Adoption •Glossary The City’s Investment Policy is missing 2 of the APT US & C*’s Investment Policy Requirements 340 © PFM 5© PFM GFOA Investment Policy Best Practices •Scope and investment objectives •Roles, responsibilities, and standards of care •Suitable and authorized investments •Investment diversification •Safekeeping, custody, and internal controls •Authorized financial institutions, depositories, and broker/dealers •Risk and performance standards •Reporting and disclosure standards The City’s Investment Policy contains all of the GFOA’s best practice recommendations 341 © PFM 6© PFM Permitted Investments and Requirements Sector Sector Maximum (%) Per Issuer Maximum (%)Minimum Ratings Requirement1 Maximum Maturity U.S. Treasury 100% 100% N/A 5.50 Years(5.50 Years avg. life4 for GNMA) GNMA 40% Other U.S. Government Guaranteed (e.g. AID, GTC)10% Federal Agency/GSE:FNMA, FHLMC, FHLB, FFCB*75% 40%3 N/A 5.50 YearsFederal Agency/GSE other than those above 10% Supranationals where U.S. is a shareholder and voting member 25%2 10%3 Highest ST or Highest LT Rating Categories (A-1/P-1, AAA/Aaa, or equivalent)5.50 Years Corporates 50%2 5%Highest ST or Three Highest LT Rating Categories(A-1/P-1, A-/A3 or equivalent)5.50 Years Municipals 20%5%Highest ST or Three Highest LT Rating Categories (SP-1/MIG 1, A-/A3, or equivalent)5.50 Years Agency Mortgage-Backed Securities (MBS)25%40%4 N/A 5.50 Years Avg. Life4 Asset-Backed Securities (ABS)25%5%Highest ST or LT Rating (A-1+/P-1, AAA/Aaa, or equivalent) 5.50 Years Avg. Life4 Non-Negotiable Collateralized Bank Deposits or Savings Accounts 25%None if fully collateralized None, if fully collateralized.2 Years Commercial Paper (CP)50%2 5%3 Highest ST Rating Category (A-1/P-1, or equivalent)270 Days 342 © PFM 7© PFM Permitted Investments and Requirements (Continued) Sector Sector Maximum (%) Per Issuer Maximum (%)Minimum Ratings Requirement1 Maximum Maturity Repurchase Agreements (Repo or RP)50%25% Counterparty (or if the counterparty is not rated by an NRSRO, then the counterparty’s parent) must be rated in the Highest ST Rating Category (A-1/P-1, or equivalent)If the counterparty is a Federal Reserve Bank, no rating is required 1 Year Banker’s Acceptance (Bas)10%2 5%Highest ST Rating Category (A-1/P-1, or equivalent)180 Days Money Market Funds (MMFs)50%25%Highest Fund Rating by all NRSROs who rate the fund (AAAm/Aaa-mf, or equivalent)N/A Notes: 1 Rating by at least one SEC-registered Nationally Recognized Statistical Rating Organization (“NRSRO”), unless otherwise noted.ST=Short-term; LT=Long-term. 2 Maximum allocation to all corporate and bank credit instruments is 50% combined. 3 Maximum exposure to any one Federal agency, including the combined holdings of Agency debt and Agency MBS, is 40%.4 The maturity limit for MBS and ABS is based on the expected average life at time of purchase, measured using Bloomberg or other industry standard methods. * Federal National Mortgage Association (FNMA); Federal Home Loan Mortgage Corporation (FHLMC); Federal Home Loan Bank or its District banks (FHLB); Federal Farm Credit Bank (FFCB). 343 © PFM 8© PFM City of Winter Springs Investment Policy Comparison Sector Winter Springs Current(2009) Winter Springs Draft(2021) City of Winter Garden (2009) Seminole County Schools (2018) City of Port Orange (2019) Brevard County (2016) City of Ocala (2015)City of Palm Bay (2018) U.S. Treasuries 100%100%100%100%100%100%100%100% Federal Agencies 75%75%80%80%75%75%100%80% Certificates of Deposit 25%25%25%25%50%50%20%80% Commercial Paper 30%50%25%35%50%35%0%40% Corporate Bonds 50%50%50%0%50%35%50%40% Municipal Obligations 20%20%20%20%25%25%20%20% Agency Mortgage Backed Security 0%25%0%0%25%25%30%20% Local GovernmentInvestment Pools 25%0%25%0%50%50%25%45% Supranationals 0%25%0%0%25%15%0%25% Florida PRIME 0%0%0%50%25%25%0%25% Asset-Backed Securities 0%25%0%0%25%25%30%20% Money Market Mutual Funds 100%50%75%25%50%50%30%25% Fixed Income MutualFunds/ETF’s 0%0%0%0%20%0%0%0% ** Only government money market funds that meet the highest fund rating by all NRSROs. * Representative sample of investment policy permitted investments. Each investment policy contains detailed requirements including but not limited to additional permitted investments, maturity specifications and minimum ratings levels. 344 © PFM 9© PFM Key Recommendations Add and update the missing sections under Section 218.415, Florida Statutes, and the Association of Public Treasurers of the U.S. and Canada. Broaden allowable sectors to improve diversification and potential income. New sectors include Supranationals, Asset-Backed, and Mortgage-Backed Securities. •Implement per issuer and per sector adoption changes listed in order to improve diversification and potential income as well Expand maturity restrictions to 5.5 years, across most sectors. Coinciding with this, putting weighted average life language around asset-backed and agency mortgage- backed securities (5.5 years). Expand Commercial Paper maturity out from 180 days to recommended 270 days to improve potential returns. In accordance with the City’s preferences, remove Local Government Investment Pools (LGIPs) and Florida Prime (SBA). 345 © PFM 10© PFM Appendix 346 © PFM 11© PFM Assessing Liquidity within the Diversification Process For illustrative purposes only.OvernightRepo AgreementsMoney Market Mutual Fund, LGIPTreasury BillsFederal AgencyDiscount NotesCommercialPaperNegotiableCDsBankers’AcceptancesLong-TermCorporate BondsLong-term Government BondsFederal AgencyBonds/SupranationalsNon-negotiableBank CDsLess LiquidCashDegree of Relative Liquidity Mortgage Backed Securities & CMOSAsset Backed Securities347 © PFM 12 Fixed Income Opportunities: Risk & Return Source: ICE BofAML Indices, as of 2/28/21. 0.00% 0.25% 0.50% 0.75% 1.00% 1.25% 1.50% 0.0 1.0 2.0 3.0 4.0Yield Duration (Yrs) ICE BofA Merrill Lynch Bond Indices 1-5 Yr. Treasury 1-5 Yr. Agency 1-5 Yr. Corporate AAA-A 0-5 Yr. MBS 0-5 Yr. ABS AAA-A 1-5 Yr. US Municipal 1-5 Yr. Foreign Gov't & Supra AAA-AA 348 © PFM 13© PFM Supranationals 349 © PFM 14© PFM Asian Development Bank International Bank for Reconstruction and Development African Development Bank International Finance Corporation Inter-American Development Bank European Bank for Reconstruction and Development Source: The World Bank. Green represents AAA Supranationals that have the U.S. as a shareholder. Active AAA-Rated Supranational Institutions Government 350 © PFM 15© PFM AAA Supranationals with U.S. as One of Largest Shareholders Source: World Bank. SUPRANATIONAL % U.S.SHAREHOLDING ACTS OFU.S. CONGRESS YEARESTABLISHED International Bank for Reconstruction and Development (World Bank) 16%Bretton Woods Act 22 USC 286 et. Seq.1944 International Finance Corporation (IFC)24%International Finance Corporation Act 22 USC 282 et. Seq.1956 Inter-American DevelopmentBank (IADB)30%Inter-American Development Act 22 USC 283 et. Seq 1959 African Development Bank (AFDB)7%African Development Bank Act 22 USC 290i et. Seq.1963 Asian Development Bank (ADB)16%Asian Development Bank Act 22 USC 285 1966 European Bank for Reconstruction and Development (EBRD)10%European Bank for Reconstructionand Development Act 22 USC 290 et. Seq. 1991 Government 351 © PFM 16© PFM Diversification: Supras vs. Agencies Credit Risk Factors Supranationals Agencies Credit rating dependent on capital of countries all around the world Credit rating dependent on U.S. rating Exposed to European risk Insulated from European risk Exposed to emerging market stress Exposed to emerging market stress Insulated from U.S. downgrade risk Exposed to U.S. downgrade risk Insulated from GSE reform risk Exposed to GSE reform risk Insulated from U.S. housing market risk Exposed to housing market risk Benefits: incremental spread, high credit quality, diversification, social/environmental” returns Government 352 © PFM 17© PFM Mortgage-Backed Securities 353 © PFM 18© PFM A mortgage-backed security is an instrument whose cash-flows are backed by cash-flows of an underlying pool of mortgage loans Mortgage Backed Security Residential Mortgage Backed Security Commercial Mortgage Backed Security Securities backed by pools of residential mortgage loans Securities backed by pools of commercial mortgage loans Agency Mortgage Backed Security Non-Agency Mortgage Backed Security Issued by private label issuers. Cash-flows are not guaranteed but credit enhancement is provided Issued by Ginnie Mae, Fannie Mae, and Freddie Mac. Full and timely payment of cash-flows is guaranteed Mortgage pass-through Securities Collateralized Mortgage Obligations Stripped Mortgage Backed Securities Interest and principal payments from mortgage pool are directly passed on to the investor A structure in which principal from mortgage pool is split into tranches with varying payment schedules Cash-flows backed by interest and/or principal only components of the underlying pool payments Types of Mortgage Backed Securities 354 © PFM 19© PFM Pass-Through Structure Mortgage pass-through Securities Interest and principal payments from mortgage pool are directly passed on to the investor 355 © PFM 20© PFM CMO Structure Collateralized Mortgage Obligations A structure in which principal from mortgage pool is split into tranches with varying payment schedules 356 © PFM 21© PFM Mortgage-Backed Securities Benefits Benefits: incremental spread, liquidity, high risk-adjusted returns -50 0 50 100 150 200 Dec-98 Dec-00 Dec-02 Dec-04 Dec-06 Dec-08 Dec-10 Dec-12 Dec-14 Dec-16 Dec-18Basis PointsMBS Option-Adjusted Spread 0 10 20 30 40 50 Dec-13 Dec-14 Dec-15 Dec-16 Dec-17 Dec-18 357 © PFM 22© PFM ! Mortgage-Backed Securities Risks Risks: prepayment, extension Interest Rates Principal Prepayment Duration Prepayment Risk: The risk that homeowners refinance or prepay mortgages, accelerating the receipt of principal and decreasing the amount of income an investor receives Extension Risk: The risk that prepayments decrease, which slows the receipt of principal and extends the duration of the investment Effects of Interest Rates on MBS Duration 358 © PFM 23© PFM Asset-Backed Securities 359 © PFM 24© PFM 1 Auto or equipment loans, credit card receivables, or leases are bundled together by the sponsor. Underlying Loans 2 Sponsor-Created Trust The trust holds the assets and issues debt securities backed by payments from these loans. 3 Securities A-1 A-2 A-3 Principal and interest payments on the underlying loans are used to make debt service payments on the securities. How Do ABS Work? 360 © PFM 25© PFM B A-4 A-3 A-2 A-1 Interest Principal & Interest WAL Payment Window 0.2 years 0.8 years 2.0 years 3.1 years 3.5 years A-1 A-2 A-3 A-4 B Typical ABS Tranche Structure Weighted Average Life: average time until principal is repaid For illustrative purposes only. 361 © PFM 26© PFM ABS Credit Enhancements Subordination & Credit Tranching Over-Collateralization Reserve Accounts Letter of Credit InsuranceExcess Spread Deal may include subordinated tranches (usually lower rated) Pool cash flows are prioritized first to senior tranches Any losses are distributed from the bottom up Trust owns more assets than the outstanding asset-backed securities Additional cash set aside at issuance to pay ABS holders, if needed The difference between the interest rate received on the loans/leases and the interest rates paid on the ABS, which accumulates over time Bank Letter of Credit covers cash shortfalls up to a specified amount (less common today) Private 3rd party insurer guarantees payment of scheduled principal and interest (less common today) 362 © PFM 27© PFM DisclosureThis material is based on information obtained from sources generally believed to be reliable and available to the public, however PFM Asset Management LLC cannot guarantee its accuracy, completeness or suitability. This material is for general information purposes only and is not intended to provide specific advice or a specific recommendation. All statements as to what will or may happen under certain circumstances are based on assumptions, some but not all of which are noted in the presentation. Assumptions may or may not be proven correct as actual events occur, and results may depend on events outside of your or our control. Changes in assumptions may have a material effect on results. Past performance does not necessarily reflect and is not a guaranty of future results. The information contained in this presentation is not an offer to purchase or sell any securities. 363 RESOLUTION NO.2021-21 EXHIBIT “A” Investment Policy City of Winter Springs, Florida Resolution No. 2021-11 Adopted by the City Commission August 9, 2021 364 RESOLUTION NO. 2021-21 EXHIBIT “A” City of Winter Springs Investment Policy – August 9, 2021 Page 2 Table of Contents Page I.PURPOSE 3 II.SCOPE 3 III.INVESTMENT OBJECTIVES 3 IV.DELEGATION OF AUTHORITY 4 V.STANDARDS OF PRUDENCE 4 VI.ETHICS AND CONFLICTS OF INTEREST 5 VII.INTERNAL CONTROLS AND INVESTMENT PROCEDURE 5 VIII.CONTINUING EDUCATION 5 IX.AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS 5 X.MATURITY AND LIQUIDITY REQUIREMENTS 6 XI. RISK AND DIVERSIFICATION 6 XII MASTER REPURCHASE AGREEMENT 6 XIII.COMPETITIVE SELECTION OF INVESTMENT INSTRUMENTS 6 XIV.AUTHORIZED INVESTMENTS AND PORTFOLIO COMPOSTION 7 XV.DERIVATIVES AND REVERSE REPURCHASE AGREEMENTS 11 XVI.PERFORMANCE MEASUREMENTS 11 XVII.REPORTING 11 XIII.THIRD-PARTY CUSTODIAL AGREEMENTS 12 XIV.INVESTMENT COMMITTEE 12 XX.INVESTMENT OVERSIGHT COMMITTEE 13 XXI.INVESTMENT POLICY ADOPTION 13 ATTACHMENT A: GLOSSARY OF CASH AND INVESTMENT MANAGEMENT TERMS ATTACHMENT B: MONEY MARKET FUND QUESTIONNAIRE 365 RESOLUTION NO. 2021-21 EXHIBIT “A” City of Winter Springs Investment Policy – August 9, 2021 Page 3 City of Winter Springs Investment Policy I.PURPOSE The purpose of this policy is to set forth the investment objectives and parameters for the management of the funds of the City of Winter Springs, (hereinafter “City”). These policies are designed to ensure the prudent management of public funds, the availability of operating and capital funds when needed, and an investment return competitive with comparable funds and financial market indices. II.SCOPE In accordance with Section 218.415, Florida Statues, this investment policy applies to all cash and investments held or controlled by the City and shall be identified as “general operating funds” of the City with the exception of the City’s Pension Funds and funds related to the issuance of debt where there are other existing policies or indentures in effect for such funds. Additionally, any future revenues, which have statutory investment requirements conflicting with this Investment Policy and funds held by state agencies (e.g., Department of Revenue), are not subject to the provisions of this policy. III.INVESTMENT OBJECTIVES Safety of Principal The foremost objective of this investment program is the safety of the principal of those funds within the portfolios. Investment transactions shall seek to keep capital losses at a minimum, whether they are from securities defaults or erosion of market value. To attain this objective, diversification is required in order that potential losses on individual securities do not exceed the income generated from the remainder of the portfolio. From time to time, securities may be traded for other similar securities to improve yield, maturity or credit risk. For these transactions, a loss may be incurred for accounting purposes to achieve optimal investment return, provided any of the following occurs with respect to the replacement security: A.The yield has been increased, or B.The maturity has been reduced or lengthened, or C.The quality of the investment has been improved. 366 RESOLUTION NO. 2021-21 EXHIBIT “A” City of Winter Springs Investment Policy – August 9, 2021 Page 4 Maintenance of Liquidity The portfolios shall be managed in such a manner that funds are available to meet reasonably anticipated cash flow requirements in an orderly manner. Periodical cash flow analyses will be completed in order to ensure that the portfolios are positioned to provide sufficient liquidity. Return on Investment Investment portfolios shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Return on investment is of least importance compared to the safety and liquidity objectives described above. The core of investments is limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. IV.DELEGATION OF AUTHORITY In accordance with the City’s Charter, the responsibility for providing oversight and direction in regard to the management of the investment program resides with the City’s Manager. The City Manager may, with timely notice (prior to implementation) to the City Commission designate in writing a designee to have management responsibility for all City funds in the investment program and investment transactions. The City Manager shall establish written procedures for the operation of the investment portfolio and a system of internal accounting and administrative controls to regulate the activities of employees. The City may employ an Investment Manager to assist in managing some of the City’s portfolios. Such Investment Manager must be registered under the Investment Advisors Act of 1940. V.STANDARDS OF PRUDENCE The standard of prudence to be used by investment officials shall be the “Prudent Person” standard and shall be applied in the context of managing the overall investment program. Investment officers acting in accordance with written procedures and this investment policy, and exercising due diligence shall be relieved of personal responsibility for an individual security’s credit risk or market price changes, provided deviations from expectation are reported to the City Commission in a timely fashion and the liquidity and the sale of securities are carried out in accordance with the terms of this policy. The “Prudent Person” rule states the following: Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived from the investment. While the standard of prudence to be used by investment officials who are officers or employees is the Prudent Person standard, any person or firm hired or retained to invest, monitor, or advise concerning these assets shall be held to the higher standard of “Prudent Expert”. The standard shall be that in investing and reinvesting moneys and in acquiring, retaining, managing, and disposing of investments of these funds, the contractor shall exercise: the judgment, care, skill, prudence, and diligence under the circumstances then prevailing, which persons of prudence, discretion, and intelligence, acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of like character and with like aims by diversifying the investments of the funds, so as to minimize the risk, considering the probable income as well as the probable safety of their capital. 367 RESOLUTION NO. 2021-21 EXHIBIT “A” City of Winter Springs Investment Policy – August 9, 2021 Page 5 VI.ETHICS AND CONFLICTS OF INTEREST Employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Also, employees involved in the Investment Committee and or investment process shall disclose to the Investment Oversight Committee any material financial interests in financial institutions that conduct business with the City, and they shall further disclose any material personal financial/investment positions that could be related to the performance of the City’s investment program. VII.INTERNAL CONTROLS AND INVESTMENT PROCEDURES The City Managershall establish a system of internal controls and operational procedures that are in writing and made a part of the City’s operational procedures. The internal controls should be designed to prevent losses of funds, which might arise from fraud, employee error, and misrepresentation by third parties, or imprudent actions by employees. The written procedures should include reference to safekeeping, repurchase agreements, separation of transaction authority from accounting and record keeping, wire transfer agreements, banking service contracts, collateral/depository agreements, and “delivery vs. payment” procedures. No person may engage in an investment transaction except as authorized under the terms of this policy. These procedures are intended to reduce to a relatively low risk that material losses may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. Independent auditors, as a normal part of the annual financial audit to the City, shall conduct a review of the system of internal controls to ensure compliance with policies and procedures. VIII.CONTINUING EDUCATION The City Manager, management designee and/or appropriate staff shall annually complete 8 hours of continuing education in subjects or courses of study related to investment practices and products IX.AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS Authorized City staff and Investment Advisors shall only purchase securities from financial institutions, which are Qualified Institutions by the City or institutions designated as “Primary Securities Dealers” by the Federal Reserve Bank of New York. Authorized City staff and Investment Advisors shall only enter into repurchase agreements with financial institutions that are Qualified Institutions and Primary Securities Dealers as designated by the Federal Reserve Bank of New York. The City Manager, management designee and/or the Investment Advisors shall maintain a list of financial institutions and broker/dealers that are approved for investment purposes and only firms meeting the following requirements will be eligible to serve as Qualified Institutions: 1)Regional dealers that qualify under Securities and Exchange Commission Rule 15C3-1 (uniform net capital rule); 2)Capital of no less than $10,000,000; 3)Registered as a dealer under the Securities Exchange Act of 1934; 4)Registered to sell securities in Florida; and 368 RESOLUTION NO. 2021-21 EXHIBIT “A” City of Winter Springs Investment Policy – August 9, 2021 Page 6 5)The firm and assigned broker have been engaged in the business for at least five (5) consecutive years. 6)Public Depositories qualified by the Treasurer of the State of Florida, in accordance with Chapter 280, Florida Statutes. All brokers, dealers and other financial institutions deemed to be Qualified Institutions shall be provided with current copies of the City’s Investment Policy. A current audited financial statement is required to be on file for each financial institution and broker/dealer with which the City transacts business. The City’s Investment Advisor shall utilize and maintain its own list of approved primary and non-primary dealers. X.MATURITY AND LIQUIDITY REQUIREMENTS To the extent possible, an attempt will be made to match investment maturities with known cash needs and anticipated cash flow requirements. Investments of current operating funds shall have maturities of no longer than twenty-four (24) months. Investments of bond reserves, construction funds, and other non-operating funds (“core funds”) shall have a term appropriate to the need for funds and in accordance with debt covenants, but in no event shall exceed five and a half (5.50) years. XI.RISK AND DIVERSIFICATION Assets held shall be diversified to control risks resulting from over concentration of assets in a specific maturity, issuer, instruments, dealer, or bank through which these instruments are bought or sold. The City Manager shall determine diversification strategies within the established guidelines. XII.MASTER REPURCHASE AGREEMENT The City Manager will require all approved institutions and dealers transacting repurchase agreements to execute and perform as stated in the Securities Industry and Financial Markers Association (SIFMA) Master Repurchase Agreement. All repurchase agreement transactions will adhere to requirements of the SIFMA Master Repurchase Agreement. XIII.COMPETITIVE SELECTION OF INVESTMENT INSTRUMENTS After the City Manager, management designee, or the Investment Advisor has determined the approximate maturity date based on cash flow needs and market conditions and has analyzed and selected one or more optimal types of investments, a minimum of three (3) Qualified Institutions and/or Primary Dealers must be contacted and asked to provide bids/offers on securities in questions. Bids will be held in confidence until the bid deemed to best meet the investment objectives is determined and selected. However, if obtaining bids/offers are not feasible and appropriate, securities may be purchased utilizing the comparison to current market price method on an exception basis. Acceptable current market price providers include, but are not limited to: A.Tradeweb 369 RESOLUTION NO. 2021-21 EXHIBIT “A” City of Winter Springs Investment Policy – August 9, 2021 Page 7 B.Bloomberg Information Systems C.Wall Street Journal or a comparable nationally recognized financial publication providing daily market pricing D.Daily market pricing provided by the City’s custodian or their correspondent institutions The City Manageror the Investment Advisor shall utilize the competitive bid process to select the securities to be purchased or sold. Selection by comparison to a current market price, as indicated above, shall only be utilized when, in judgment of the City Manager or the Investment Advisor, competitive bidding would inhibit the selection process. Examples of when this method may be used. A.When time constraints due to unusual circumstances preclude the use of the competitive bidding process B.When no active market exists for the issue being traded due to the age or depth of theissue C.When a security is unique to a single dealer, for example, a private placement D.When the transaction involves new issues or issues in the “when issued” market Overnight sweep investments or repurchase agreements will not be bid, but may be placed with the City’s depository bank relating to the demand account for which the sweep investments or repurchase agreement was purchased. XIV.AUTHORIZED INVESTMENTS AND PORTFOLIO COMPOSITION Investments should be made subject to the cash flow needs and such cash flows are subject to revisions as market conditions and as the City’s needs change. However, when the invested funds are needed in whole or in part for the purpose originally intended or for more optimal investments, the City Manager or management designee may sell the investment at the then-prevailing market price and place the proceeds into the proper account at the City’s custodian. The following are the investment requirements and allocation limits on security types, issuers, and maturities as established by the City. The City Manager or management designee shall have the option to further restrict investment percentages from time to time based on market conditions, risk and diversification investment strategies. The percentage allocations requirements for investment types and issuers are calculated based on the original cost at the time of purchase of each investment. Investments not listed in this policy are prohibited. The allocation limits and security types do not apply to the investment of debt proceeds. These investments shall be governed by the debt covenant included in the debt instrument. 370 RESOLUTION NO. 2021-21 EXHIBIT “A” City of Winter Springs Investment Policy – August 9, 2021 Page 8 Permitted Investments Sector Sector Maximum (%) Per Issuer Maximum (%) Minimum Ratings Requirement1 Maximum Maturity U.S. Treasury 100% 100% N/A 5.50 Years (5.50 Years avg. life4 for GNMA) GNMA 40% Other U.S. Government Guaranteed (e.g. AID, GTC) 10% Federal Agency/GSE: FNMA, FHLMC, FHLB, FFCB*75% 40%3 N/A 5.50 Years Federal Agency/GSE other than those above 10% Supranationals where U.S. is a shareholder and voting member 25%10%Highest ST or Highest LT Rating Categories (A-1/P-1, AAA/Aaa, or equivalent)5.50 Years Corporates 50%2 5% Highest ST or Three Highest LT Rating Categories (A-1/P-1, A-/A3 or equivalent) 5.50 Years Municipals 20%5% Highest ST or Three Highest LT Rating Categories (SP-1/MIG 1, A-/A3, or equivalent) 5.50 Years Agency Mortgage-Backed Securities (MBS)25%40%3 N/A 5.50 Years Avg. Life4 Asset-Backed Securities (ABS)25%5%Highest ST or LT Rating (A-1+/P-1, AAA/Aaa, or equivalent) 5.50 Years Avg. Life4 Non-Negotiable Collateralized Bank Deposits or Savings Accounts 25% None, if fully collateralized None, if fully collateralized.2 Years Commercial Paper (CP)50%2 5%Highest ST Rating Category (A-1/P-1, or equivalent)270 Days Bankers’ Acceptances (BAs)10%2 5%Highest ST Rating Category (A-1/P-1, or equivalent)180 Days Repurchase Agreements (Repo or RP)50%25% Counterparty (or if the counterparty is not rated by an NRSRO, then the counterparty’s parent) must be rated in the Highest ST Rating Category (A-1/P-1, or equivalent) If the counterparty is a Federal Reserve Bank, no rating is required 1 Year Money Market Funds (MMFs)50%25%Highest Fund Rating by all NRSROs who rate the fund (AAAm/Aaa-mf, or equivalent)N/A Notes: 1 Rating by at least one SEC-registered Nationally Recognized Statistical Rating Organization (“NRSRO”), unless otherwise noted. ST=Short-term; LT=Long-term. 2 Maximum allocation to all corporate and bank credit instruments is 50% combined. 3 Maximum exposure to any one Federal agency, including the combined holdings of Agency debt and Agency MBS, is 40%. 4 The maturity limit for MBS and ABS is based on the expected average life at time of settlement, measured using Bloomberg or other industry standard methods. * Federal National Mortgage Association (FNMA); Federal Home Loan Mortgage Corporation (FHLMC); Federal Home Loan Bank or its District banks (FHLB); Federal Farm Credit Bank (FFCB). 371 RESOLUTION NO. 2021-21 EXHIBIT “A” City of Winter Springs Investment Policy – August 9, 2021 Page 9 1.U.S. Treasury & Government Guaranteed -U.S. Treasury obligations, and obligations the principal and interest of which are backed or guaranteed by the full faith and credit of the U.S. Government. 2.Federal Agency/GSE -Debt obligations, participations or other instruments issued or fully guaranteed by any U.S. Federal agency, instrumentality or government-sponsored enterprise (GSE). 3.Supranationals –U.S. dollar denominated debt obligations of a multilateral organization of governments where U.S. is a shareholder and voting member. 4.Corporates –U.S. dollar denominated corporate notes, bonds or other debt obligations issued or guaranteed by a domestic or foreign corporation, financial institution, non-profit, or other entity. 5.Municipals –Obligations, including both taxable and tax-exempt, issued or guaranteed by any State, territory or possession of the United States, political subdivision, public corporation, authority, agency board, instrumentality or other unit of local government of any State or territory. 6.Agency Mortgage Backed Securities -Mortgage-backed securities (MBS), backed by residential, multi- family or commercial mortgages, that are issued or fully guaranteed as to principal and interest by a U.S. Federal agency or government sponsored enterprise, including but not limited to pass-throughs, collateralized mortgage obligations (CMOs) and REMICs. 7.Asset-Backed Securities -Asset-backed securities (ABS) whose underlying collateral consists of loans, leases or receivables, including but not limited to auto loans/leases, credit card receivables, student loans, equipment loans/leases, or home-equity loans. 8.Non-Negotiable Certificate of Deposit and Savings Accounts -Non-negotiable interest bearing time certificates of deposit, or savings accounts in banks organized under the laws of this state or in national banks organized under the laws of the United States and doing business in this state, provided that any such deposits are secured by the Florida Security for Public Deposits Act, Chapter 280, Florida Statutes. 9.Commercial Paper –U.S. dollar denominated commercial paper issued or guaranteed by a domestic or foreign corporation, company, financial institution, trust or other entity, only unsecured debt permitted. 10.Bankers’ Acceptances -Bankers’ acceptances issued, drawn on, or guaranteed by a U.S. bank or U.S. branch of a foreign bank. 11.Repurchase Agreements -Repurchase agreements (Repo or RP) that meet the following requirements: a. Must be governed by a written SIFMA Master Repurchase Agreement which specifies securities eligible for purchase and resale, and which provides the unconditional right to liquidate the underlying securities should the Counterparty default or fail to provide full timely repayment. b. Counterparty must be a Federal Reserve Bank, a Primary Dealer as designated by the Federal Reserve Bank of New York, or a nationally chartered commercial bank. c. Securities underlying repurchase agreements must be delivered to a third party custodian under a written custodial agreement and may be of deliverable or tri-party form. Securities must be held in the City’s custodial account or in a separate account in the name of the City. d. Acceptable underlying securities include only securities that are direct obligations of, or that are fully guaranteed by, the United States or any agency of the United States, or U.S. Agency-backed mortgage related securities. e. Underlying securities must have an aggregate current market value of at least 102% (or 100% if the counterparty is a Federal Reserve Bank) of the purchase price plus current accrued price differential at the close of each business day. 372 RESOLUTION NO. 2021-21 EXHIBIT “A” City of Winter Springs Investment Policy – August 9, 2021 Page 10 f.Final term of the agreement must be 1 year or less. 12.Money Market Funds -Shares in open-end and no-load money market mutual funds, provided such funds are registered under the Investment Company Act of 1940 and operate in accordance with Rule 2a-7. A thorough investigation of any money market fund is required prior to investing, and on an annual basis. Attachment B is a questionnaire that contains a list of questions, to be answered prior to investing, that cover the major aspects of any investment pool/fund. A current prospectus must be obtained. General Investment and Portfolio Limits 1. General investment limitations: a. Investments must be denominated in U.S. dollars and issued for legal sale in U.S. markets. b. Minimum ratings are based on the highest rating by any one Nationally Recognized Statistical Ratings Organization (“NRSRO”), unless otherwise specified. c. All limits and rating requirements apply at time of purchase. d. Should a security fall below the minimum credit rating requirement for purchase, the Investment Advisor will notify the City Manager. e. The maximum maturity (or average life for MBS/ABS) of any investment is 5.50 years. Maturity and average life are measured from settlement date. The final maturity date can be based on any mandatory call, put, pre-refunding date, or other mandatory redemption date. 2. General portfolio limitations: a. The maximum effective duration of the aggregate portfolios is 3 years. b. Maximum exposure to issuers in any non-U.S. country cannot exceed 10 percent per country. 3. Investment in the following are permitted, provided they meet all other policy requirements: a. Callable, step-up callable, called, pre-refunded, putable and extendable securities, as long as the effective final maturity meets the maturity limits for the sector b. Variable-rate and floating-rate securities c. Subordinated, secured and covered debt, if it meets the ratings requirements for the sector d. Zero coupon issues and strips, excluding agency mortgage-backed Interest-only structures (I/Os) e. Treasury TIPS 4. The following are NOT PERMITTED investments, unless specifically authorized by statute and with prior approval of the governing body: a. Trading for speculation b. Derivatives (other than callables and traditional floating or variable-rate instruments) c. Mortgage-backed interest-only structures (I/Os) d. Inverse or leveraged floating-rate and variable-rate instruments e. Currency, equity, index and event-linked notes (e.g. range notes), or other structures that could return less than par at maturity f.Private placements and direct loans, except as may be legally permitted by Rule 144A or commercial paper issued under a 4(2) exemption from registration g. Convertible, high yield, and non-U.S. dollar denominated debt h. Short sales i.Use of leverage 373 RESOLUTION NO. 2021-21 EXHIBIT “A” City of Winter Springs Investment Policy – August 9, 2021 Page 11 j.Futures and options k. Mutual funds, other than fixed-income mutual funds and ETFs, and money market funds Equities, commodities, currencies and hard assets XV.DERIVATIVES AND REVERSE REPURCHASE AGREEMENTS Investment in any derivative products or the use of reverse repurchase agreements is specifically prohibited , unless otherwise stated in Section XIV. A “derivative” is defined as a financial instrument the value of which depends on, or is derived from, the value of one or more underlying assets or indices or asset values. For example, this includes, but is not limited to, the following: Options, Forward Contracts, Futures, Stripped Mortgage-Backed Securities, Structured Notes and Swaps. XVI.PERFORMANCE MEASUREMENTS In order to assist in the evaluation of the portfolios’ performance, the City will use performance benchmarks for short-term and long-term portfolios. The use of benchmarks will allow the City to measure its returns against other investors in the same markets. A.Investment performance of funds designated as short-term funds and other funds that must maintain a high degree of liquidity will be compared to the return on the six-month U.S. Treasury Bill. Investments of current operating funds shall have maturities of no longer than twenty-four (24) months. B.Investment performance of funds designated as core funds and other non-operating funds that have a longer-term investment horizon will be compared to an index comprised of U. S. Treasury or Government securities. The appropriate index will have a duration and asset mix that approximates the portfolios and will be utilized as a benchmark to be compared to the portfolios’ total rate of return. Investments of bond reserves, construction funds, and other non-operating funds (“core funds”) shall have a term appropriate to the need for funds and in accordance with debt covenants, but in no event shall exceed five and a half (5.50) years. XVII.REPORTING The City Manager, management designee and/or Investment Advisor shall provide the City Manager with a “Quarterly Investment Report” that summarizes but is not limited to the following: A.Recent market conditions, economic developments and anticipated investment conditions. B.The investment strategies employed in the most recent quarter. C.A description of all securities held in investment portfolios at month-end. D.The total rate of return for the quarter and year versus appropriatebenchmarks. E.Any areas of policy concern warranting possible revisions to current or planned investment strategies. The market values presented in these reports will be consistent with accounting guidelines in GASB Statement 31. On an annual basis, the City Manager designee shall submit to the City Commission a written report on all invested funds. The annual report shall provide all, but not limited to, the following: a complete list of all 374 RESOLUTION NO. 2021-21 EXHIBIT “A” City of Winter Springs Investment Policy – August 9, 2021 Page 12 invested funds, name or type of security in which the funds are invested, the amount invested, the maturity date, earned income, the book value, the market value, the yield on eachinvestment. The annual report will show performance on both a book value and total rate of return basis and will compare the results to the above-stated performance benchmarks. All investments shall be reported at fair value per GASB Statement 31. Investment reports shall be available to the public. XVIII.THIRD-PARTY CUSTODIAL AGREEMENTS Securities, with the exception of certificates of deposits, shall be held with a third-party custodian; and all securities purchase by, and all collateral obtained by the City should be properly designated as an asset of the City. The securities must be held in an account separate and apart from the assets of the financial institution. A third party custodian is defined as any bank depository chartered by the Federal Government, the State of Florida, or any other state or territory of the United States which has a branch or principal place of business in the State of Florida, or by a national association organized and existing under the laws of the United States which is authorized to accept and execute trusts and which is doing business in the State of Florida. Certificates of deposits will be placed in the provider’s safekeeping department for the term of the deposit. The custodian shall accept transaction instructions only from those persons who have been duly authorized by the City Manager and which authorization has been provided, in writing, to the custodian. No withdrawal of securities, in whole or in part, shall be made from safekeeping, shall be permitted unless by such a duly authorized person. The custodian shall provide the City Manager or management designee with safekeeping statements that provide detail information on the securities held by the custodian. On a monthly basis, the custodian will also provide reports that list all securities held for the City, the book value of holdings and the market value as of month-end. Security transactions between a broker/dealer and the custodian involving the purchase or sale of securities by transfer of money or securities must be made on a “delivery vs. payment” basis, if applicable, to ensure that the custodian will have the secuxrity or money, as appropriate, in hand at the conclusion of the transaction. Securities held as collateral shall be held free and clear of any liens. XIX.INVESTMENT COMMITTEE The City Manager with the approval of the City Manager will establish an Investment Committee for the purpose of formulating alternative investment strategies and short-range directions within the guideline herein set forth and for monitoring the performance and structure of the City’s portfolio. The Committee shall include the City Manager as Chairman, the City Treasurer, and the City’s financial/investment advisor, and may include other members as may be designated by the City Manager from time to time. A designee of the City Manager will provide the Committee members with current market information, an updated portfolio listing and analysis, and various pertinent financial data. The Committee, or a quorum of the committee shall meet as often as deemed necessary, under the given conditions, to review, discuss and affirm or alter the current investment strategy and perform other functions as herein provided. The Investment Committee activities shall include but not be limited to review and setting investment strategies; review and establishing of written investment procedures; review and approval of bank and other rating agency services; review and approval of source documentation regarding issuers, institutions and 375 RESOLUTION NO. 2021-21 EXHIBIT “A” City of Winter Springs Investment Policy – August 9, 2021 Page 13 dealers, and any other functions as defined herein. XX.INVESTMENT OVERSIGHT COMMITTEE The City Commission shall serve as the Investment Oversight Committee and shall be responsible for monitoring the results of investments and compliance with the investment policies provided herein. The City Manager shall file a report with the Investment Oversight Committee quarterly verifying investment transactions and results. XXI.INVESTMENT POLICY ADOPTION The Investment Policy shall be adopted by the City in writing. The City Manager and the Investment Committee shall review the policy annually and submit recommendations to the City Manager for review and approval. If a change in the Policy is recommended for approval by the City Manager, the City Manager will prepare the necessary report to the City Commission. To the extent the Commission deems necessary the Commission may waive the provisions of this Investment Policy by resolution. 376 RESOLUTION NO. 2021-21 EXHIBIT “A” City of Winter Springs Investment Policy – August 9, 2021 Page 14 Attachment A Glossary of Cash and Investment Management Terms The following is a glossary of key investing terms, many of which appear in the City of Winter Springs’ policy. This glossary clarifies the meaning of investment terms generally used in cash and investment management. This glossary has been adapted from the GFOA Sample Investment Policy and the Association of Public Treasurers of the United States and Canada’s Model Investment Policy. Accrued Interest. Interest earned but which has not yet been paid or received. Agency. See "Federal Agency Securities." Ask Price. Price at which a broker/dealer offers to sell a security to an investor. Also known as “offered price.” Asset Backed Securities (ABS). A fixed-income security backed by notes or receivables against assets other than real estate. Generally issued by special purpose companies that “own” the assets and issue the ABS. Examples include securities backed by auto loans, credit card receivables, home equity loans, manufactured housing loans, farm equipment loans, and aircraft leases. Average Life. The average length of time that an issue of serial bonds and/or term bonds with a mandatory sinking fund feature is expected to be outstanding. Bankers' Acceptance (BA's). A draft or bill of exchange drawn upon and accepted by a bank. Frequently used to finance shipping of international goods. Used as a short-term credit instrument, bankers' acceptances are traded at a discount from face value as a money market instrument in the secondary market on the basis of the credit quality of the guaranteeing bank. Basis Point. One hundredth of one percent, or 0.01%. Thus 1% equals 100 basis points. Bearer Security. A security whose ownership is determined by the holder of the physical security. Typically, there is no registration on the issuer’s books. Title to bearer securities is transferred by delivery of the physical security or certificate. Also known as “physical securities.” Benchmark Bills: In November 1999, FNMA introduced its Benchmark Bills program, a short-term debt securities issuance program to supplement its existing discount note program. The program includes a schedule of larger, weekly issues in three- and six-month maturities and biweekly issues in one-year for Benchmark Bills. Each issue is brought to market via a Dutch (single price) auction. FNMA conducts a weekly auction for each Benchmark Bill maturity and accepts both competitive and non-competitive bids through a web based auction system. This program is in addition to the variety of other discount note maturities, with rates posted on a daily basis, which FNMA offers. FNMA's Benchmark Bills are unsecured general obligations that are issued in book-entry form through the Federal Reserve Banks. There are no periodic payments of interest on Benchmark Bills, which are sold at a discount from the principal amount and payable at par at maturity. Issues under the Benchmark program constitute the same credit standing as other FNMA discount notes; they simply add organization and liquidity to the short-term Agency discount note market. Benchmark Notes/Bonds: Benchmark Notes and Bonds are a series of FNMA “bullet” maturities (non-callable) issued according to a pre-announced calendar. Under its Benchmark Notes/Bonds program, 2, 3, 5, 10, and 30-year maturities are issued each quarter. Each Benchmark Notes new issue has a minimum size of $4 billion, 30-year new issues having a minimum size of $1 billion, with re-openings based on investor demand to further enhance liquidity. The amount of non-callable issuance has allowed FNMA to build a yield curve in Benchmark Notes and Bonds in maturities ranging from 2 to 30 years. The liquidity emanating from these large size issues has facilitated favorable financing opportunities through the development of a liquid overnight and term repo market. Issues under the Benchmark program constitute the same credit standing as other FNMA issues; they simply add organization and liquidity to the intermediate- and long-term Agency market. Benchmark. A market index used as a comparative basis for measuring the performance of an investment portfolio. 377 RESOLUTION NO. 2021-21 EXHIBIT “A” City of Winter Springs Investment Policy – August 9, 2021 Page 15 A performance benchmark should represent a close correlation to investment guidelines, risk tolerance, and duration of the actual portfolio's investments. Bid Price. Price at which a broker/dealer offers to purchase a security from an investor. Bond. Financial obligation for which the issuer promises to pay the bondholder (the purchaser or owner of the bond) a specified stream of future cash-flows, including periodic interest payments and a principal repayment. Book Entry Securities. Securities that are recorded in a customer’s account electronically through one of the financial markets electronic delivery and custody systems, such as the Fed Securities wire, DTC, and PTC (as opposed to bearer or physical securities). The trend is toward a certificate-free society in order to cut down on paperwork and to diminish investors’ concerns about the certificates themselves. The vast majority of securities are now book entry securities. Book Value. The value at which a debt security is reflected on the holder's records at any point in time. Book value is also called “amortized cost” as it represents the original cost of an investment adjusted for amortization of premium or accretion of discount. Also called “carrying value.” Book value can vary over time as an investment approaches maturity and differs from “market value” in that it is not affected by changes in market interest rates. Broker/Dealer. A person or firm transacting securities business with customers. A “broker” acts as an agent between buyers and sellers, and receives a commission for these services. A “dealer” buys and sells financial assets from its own portfolio. A dealer takes risk by owning inventory of securities, whereas a broker merely matches up buyers and sellers. See also "Primary Dealer." Bullet Notes/Bonds. Notes or bonds that have a single maturity date and are non-callable. Call Date. Date at which a call option may be or is exercised. Call Option. The right, but not the obligation, of an issuer of a security to redeem a security at a specified value and at a specified date or dates prior to its stated maturity date. Most fixed-income calls are a par, but can be at any previously established price. Securities issued with a call provision typically carry a higher yield than similar securities issued without a call feature. There are three primary types of call options (1) European - one-time calls, (2) Bermudan - periodically on a predetermined schedule (quarterly, semi-annual, annual), and (3) American - continuously callable at any time on or after the call date. There is usually a notice period of at least 5 business days prior to a call date. Callable Bonds/Notes. Securities which contain an imbedded call option giving the issuer the right to redeem the securities prior to maturity at a predetermined price and time. Certificate of Deposit (CD). Bank obligation issued by a financial institution generally offering a fixed rate of return (coupon) for a specified period of time (maturity). Can be as long as 10 years to maturity, but most CDs purchased by public agencies are one year and under. Collateral. Investment securities or other property that a borrower pledges to secure repayment of a loan, secure deposits of public monies, or provide security for a repurchase agreement. Collateralization. Process by which a borrower pledges securities, property, or other deposits for securing the repayment of a loan and/or security. Collateralized Mortgage Obligation (CMO). A security that pools together mortgages and separates them into short, medium, and long-term positions (called tranches). Tranches are set up to pay different rates of interest depending upon their maturity. Interest payments are usually paid monthly. In “plain vanilla” CMOs, principal is not paid on a tranche until all shorter tranches have been paid off. This system provides interest and principal in a more predictable manner. A single pool of mortgages can be carved up into numerous tranches each with its own payment and risk characteristics. 378 RESOLUTION NO. 2021-21 EXHIBIT “A” City of Winter Springs Investment Policy – August 9, 2021 Page 16 Commercial Paper. Short term unsecured promissory note issued by a company or financial institution. Issued at a discount and matures for par or face value. Usually a maximum maturity of 270 days and given a short-term debt rating by one or more NRSROs. Convexity. A measure of a bond's price sensitivity to changing interest rates. A high convexity indicates greater sensitivity of a bond's price to interest rate changes. Corporate Note. A debt instrument issued by a corporation with a maturity of greater than one year and less than ten years. Counterparty. The other party in a two party financial transaction. "Counterparty risk" refers to the risk that the other party to a transaction will fail in its related obligations. For example, the bank or broker/dealer in a repurchase agreement. Coupon Rate. Annual rate of interest on a debt security, expressed as a percentage of the bond’s face value. Current Yield. Annual rate of return on a bond based on its price. Calculated as (coupon rate / price), but does not accurately reflect a bond’s true yield level. Custody. Safekeeping services offered by a bank, financial institution, or trust company, referred to as the “custodian.” Service normally includes the holding and reporting of the customer's securities, the collection and disbursement of income, securities settlement, and market values. Dealer. A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his/her own account. Delivery Versus Payment (DVP). Settlement procedure in which securities are delivered versus payment of cash, but only after cash has been received. Most security transactions, including those through the Fed Securities Wire system and DTC, are done DVP as a protection for both the buyer and seller of securities. Depository Trust Company (DTC). A firm through which members can use a computer to arrange for securities to be delivered to other members without physical delivery of certificates. A member of the Federal Reserve System and owned mostly by the New York Stock Exchange, the Depository Trust Company uses computerized debit and credit entries. Most corporate securities, commercial paper, CDs, and BAs clear through DTC. Derivatives. (1) Financial instruments whose return profile is linked to, or derived from, the movement of one or more underlying index or security, and may include a leveraging factor, or (2) financial contracts based upon notional amounts whose value is derived from an underlying index or security (interest rates, foreign exchange rates, equities, or commodities). For hedging purposes, common derivatives are options, futures, interest rate swaps, and swaptions. Derivative Security. Financial instrument created from, or whose value depends upon, one or more underlying assets or indexes of asset values. Designated Bond. FFCB’s regularly issued, liquid, non-callable securities that generally have a 2 or 3 year original maturity. New issues of Designated Bonds are $1 billion or larger. Re-openings of existing Designated Bond issues are generally a minimum of $100 million. Designated Bonds are offered through a syndicate of two to six dealers. Twice each month the Funding Corporation announces its intention to issue a new Designated Bond, reopen an existing issue, or to not issue or reopen a Designated Bond. Issues under the Designated Bond program constitute the same credit standing as other FFCB issues; they simply add organization and liquidity to the intermediate- and long-term Agency market. Discount Notes. Unsecured general obligations issued by Federal Agencies at a discount. Discount notes mature at par and can range in maturity from overnight to one year. Very large primary (new issue) and secondary markets exist. Discount Rate. Rate charged by the system of Federal Reserve Banks on overnight loans to member banks. Changes 379 RESOLUTION NO. 2021-21 EXHIBIT “A” City of Winter Springs Investment Policy – August 9, 2021 Page 17 to this rate are administered by the Federal Reserve and closely mirror changes to the “fed funds rate.” Discount Securities. Non-interest bearing money market instruments that are issued at discount and redeemed at maturity for full face value. Examples include: U.S. Treasury Bills, Federal Agency Discount Notes, Bankers' Acceptances, and Commercial Paper. Discount. The amount by which a bond or other financial instrument sells below its face value. See also "Premium." Diversification. Dividing investment funds among a variety of security types, maturities, industries, and issuers offering potentially independent returns. Dollar Price. A bond’s cost expressed as a percentage of its face value. For example, a bond quoted at a dollar price of 95 ½, would have a principal cost of $955 per $1,000 of face value. Duff & Phelps. One of several NRSROs that provide credit ratings on corporate and bank debt issues. Duration. The weighted average maturity of a security’s or portfolio’s cash-flows, where the present values of the cash-flows serve as the weights. The greater the duration of a security/portfolio, the greater its percentage price volatility with respect to changes in interest rates. Used as a measure of risk and a key tool for managing a portfolio versus a benchmark and for hedging risk. There are also different kinds of duration used for different purposes (e.g. MacAuley Duration, Modified Duration). Fannie Mae. See "Federal National Mortgage Association." Fed Money Wire. A computerized communications system that connects the Federal Reserve System with its member banks, certain U. S. Treasury offices, and the Washington D.C. office of the Commodity Credit Corporation. The Fed Money Wire is the book entry system used to transfer cash balances between banks for themselves and for customer accounts. Fed Securities Wire. A computerized communications system that facilitates book entry transfer of securities between banks, brokers and customer accounts, used primarily for settlement of U.S. Treasury and Federal Agency securities. Fed. See "Federal Reserve System." Federal Agency Security. A debt instrument issued by one of the Federal Agencies. Federal Agencies are considered second in credit quality and liquidity only to U.S. Treasuries. Federal Agency. Government sponsored/owned entity created by the U.S. Congress, generally for the purpose of acting as a financial intermediary by borrowing in the marketplace and directing proceeds to specific areas of the economy considered to otherwise have restricted access to credit markets. The largest Federal Agencies are GNMA, FNMA, FHLMC, FHLB, FFCB, SLMA, and TVA. Federal Deposit Insurance Corporation (FDIC). Federal agency that insures deposits at commercial banks, currently to a limit of $250,000 per depositor per bank. Federal Farm Credit Bank (FFCB). One of the large Federal Agencies. A government sponsored enterprise (GSE) system that is a network of cooperatively-owned lending institutions that provides credit services to farmers, agricultural cooperatives and rural utilities. The FFCBs act as financial intermediaries that borrow money in the capital markets and use the proceeds to make loans and provide other assistance to farmers and farm-affiliated businesses. Consists of the consolidated operations of the Banks for Cooperatives, Federal Intermediate Credit Banks, and Federal Land Banks. Frequent issuer of discount notes, agency notes and callable agency securities. FFCB debt is not an obligation of, nor is it guaranteed by the U.S. government, although it is considered to have minimal credit risk due to its importance to the U.S. financial system and agricultural industry. Also issues notes under its “designated note” program. Federal Funds (Fed Funds). Funds placed in Federal Reserve Banks by depository institutions in excess of current 380 RESOLUTION NO. 2021-21 EXHIBIT “A” City of Winter Springs Investment Policy – August 9, 2021 Page 18 reserve requirements, and frequently loaned or borrowed on an overnight basis between depository institutions. Federal Funds Rate (Fed Funds Rate). The interest rate charged by a depository institution lending Federal Funds to another depository institution. The Federal Reserve influences this rate by establishing a "target" Fed Funds rate associated with the Fed's management of monetary policy. Federal Home Loan Bank System (FHLB). One of the large Federal Agencies. A government sponsored enterprise (GSE) system, consisting of wholesale banks (currently twelve district banks) owned by their member banks, which provides correspondent banking services and credit to various financial institutions, financed by the issuance of securities. The principal purpose of the FHLB is to add liquidity to the mortgage markets. Although FHLB does not directly fund mortgages, it provides a stable supply of credit to thrift institutions that make new mortgage loans. FHLB debt is not an obligation of, nor is it guaranteed by the U.S. government, although it is considered to have minimal credit risk due to its importance to the U.S. financial system and housing market. Frequent issuer of discount notes, agency notes and callable agency securities. Also issues notes under its “global note” and “TAP” programs. Federal Home Loan Mortgage Corporation (FHLMC or "Freddie Mac"). One of the large Federal Agencies. A government sponsored public corporation (GSE) that provides stability and assistance to the secondary market for home mortgages by purchasing first mortgages and participation interests financed by the sale of debt and guaranteed mortgage backed securities. FHLMC debt is not an obligation of, nor is it guaranteed by the U.S. government, although it is considered to have minimal credit risk due to its importance to the U.S. financial system and housing market. Frequent issuer of discount notes, agency notes, callable agency securities, and MBS. Also issues notes under its “reference note” program. Federal National Mortgage Association (FNMA or "Fannie Mae"). One of the large Federal Agencies. A government sponsored public corporation (GSE) that provides liquidity to the residential mortgage market by purchasing mortgage loans from lenders, financed by the issuance of debt securities and MBS (pools of mortgages packaged together as a security). FNMA debt is not an obligation of, nor is it guaranteed by the U.S. government, although it is considered to have minimal credit risk due to its importance to the U.S. financial system and housing market. Frequent issuer of discount notes, agency notes, callable agency securities and MBS. Also issues notes under its “benchmark note” program. Federal Reserve Bank. One of the 12 distinct banks of the Federal Reserve System. Federal Reserve System (the Fed). The independent central bank system of the United States that establishes and conducts the nation's monetary policy. This is accomplished in three major ways: (1) raising or lowering bank reserve requirements, (2) raising or lowering the target Fed Funds Rate and Discount Rate, and (3) in open market operations by buying and selling government securities. The Federal Reserve System is made up of twelve Federal Reserve District Banks, their branches, and many national and state banks throughout the nation. It is headed by the seven member Board of Governors known as the “Federal Reserve Board” and headed by its Chairman. Financial Industry Regulatory Authority, Inc. (FINRA). A private corporation that acts as a self-regulatory organization (SRO). FINRA is the successor to the National Association of Securities Dealers, Inc. (NASD). Though sometimes mistaken for a government agency, it is a non-governmental organization that performs financial regulation of member brokerage firms and exchange markets. The government also has a regulatory arm for investments, the Securities and Exchange Commission (SEC). Fiscal Agent/Paying Agent. A bank or trust company that acts, under a trust agreement with a corporation or municipality, in the capacity of general treasurer. The agent performs such duties as making coupon payments, paying rents, redeeming bonds, and handling taxes relating to the issuance of bonds. Fitch Investors Service, Inc. One of several NRSROs that provide credit ratings on corporate and municipal debt issues. Floating Rate Security (FRN or “floater”). A bond with an interest rate that is adjusted according to changes in an interest rate or index. Differs from variable-rate debt in that the changes to the rate take place immediately when the 381 RESOLUTION NO. 2021-21 EXHIBIT “A” City of Winter Springs Investment Policy – August 9, 2021 Page 19 index changes, rather than on a predetermined schedule. See also “Variable Rate Security.” Freddie Mac. See "Federal Home Loan Mortgage Corporation." Ginnie Mae. See "Government National Mortgage Association." Global Notes: Notes designed to qualify for immediate trading in both the domestic U.S. capital market and in foreign markets around the globe. Usually large issues that are sold to investors worldwide and therefore have excellent liquidity. Despite their global sales, global notes sold in the U.S. are typically denominated in U.S. dollars. Government National Mortgage Association (GNMA or "Ginnie Mae"). One of the large Federal Agencies. Government-owned Federal Agency that acquires, packages, and resells mortgages and mortgage purchase commitments in the form of mortgage-backed securities. Largest issuer of mortgage pass-through securities. GNMA debt is guaranteed by the full faith and credit of the U.S. government (one of the few agencies that are actually full faith and credit of the U.S. government). Government Securities. An obligation of the U.S. government, backed by the full faith and credit of the government. These securities are regarded as the highest quality of investment securities available in the U.S. securities market. See "Treasury Bills, Notes, Bonds, and SLGS." Government Sponsored Enterprise (GSE). Privately owned entity subject to federal regulation and supervision, created by the U.S. Congress to reduce the cost of capital for certain borrowing sectors of the economy such as students, farmers, and homeowners. GSEs carry the implicit backing of the U.S. government, but they are not direct obligations of the U.S. government. For this reason, these securities will offer a yield premium over U.S. Treasuries. Examples of GSEs include: FHLB, FHLMC, FNMA, and SLMA. Government Sponsored Enterprise Security. A security issued by a Government Sponsored Enterprise. Considered Federal Agency Securities. Index. A compilation of statistical data that tracks changes in the economy or in financial markets. Interest-Only (IO) STRIP. A security based solely on the interest payments from the bond. After the principal has been repaid, interest payments stop and the value of the security falls to nothing. Therefore, IOs are considered risky investments. Usually associated with mortgage-backed securities. Internal Controls. An internal control structure ensures that the assets of the entity are protected from loss, theft, or misuse. The internal control structure is designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that 1) the cost of a control should not exceed the benefits likely to be derived and 2) the valuation of costs and benefits requires estimates and judgments by management. Internal controls should address the following points: 1.Control of collusion - Collusion is a situation where two or more employees are working in conjunction to defraud their employer. 2.Separation of transaction authority from accounting and record keeping - A separation of duties is achieved by separating the person who authorizes or performs the transaction from the people who record or otherwise account for the transaction. 3.Custodial safekeeping - Securities purchased from any bank or dealer including appropriate collateral (as defined by state law) shall be placed with an independent third party for custodial safekeeping. 4.Avoidance of physical delivery securities - Book-entry securities are much easier to transfer and account for since actual delivery of a document never takes place. Delivered securities must be properly safeguarded against loss or destruction. The potential for fraud and loss increases with physically delivered securities. 382 RESOLUTION NO. 2021-21 EXHIBIT “A” City of Winter Springs Investment Policy – August 9, 2021 Page 20 5.Clear delegation of authority to subordinate staff members - Subordinate staff members must have a clear understanding of their authority and responsibilities to avoid improper actions. Clear delegation of authority also preserves the internal control structure that is contingent on the various staff positions and their respective responsibilities. 6.Written confirmation of transactions for investments and wire transfers - Due to the potential for error and improprieties arising from telephone and electronic transactions, all transactions should be supported by written communications and approved by the appropriate person. Written communications may be via fax if on letterhead and if the safekeeping institution has a list of authorized signatures. 7.Development of a wire transfer agreement with the lead bank and third-party custodian -The designated official should ensure that an agreement will be entered into and will address the following points: controls, security provisions, and responsibilities of each party making and receiving wire transfers. Inverse Floater. A floating rate security structured in such a way that it reacts inversely to the direction of interest rates. Considered risky as their value moves in the opposite direction of normal fixed-income investments and whose interest rate can fall to zero. Investment Advisor. A company that provides professional advice managing portfolios, investment recommendations, and/or research in exchange for a management fee. Investment Adviser Act of 1940.Federal legislation that sets the standards by which investment companies, such as mutual funds, are regulated in the areas of advertising, promotion, performance reporting requirements, and securities valuations. Investment Grade. Bonds considered suitable for preservation of invested capital, including bonds rated a minimum of Baa3 by Moody’s, BBB- by Standard & Poor’s, or BBB- by Fitch. Although “BBB” rated bonds are considered investment grade, most public agencies cannot invest in securities rated below “A.” Liquidity. Relative ease of converting an asset into cash without significant loss of value. Also, a relative measure of cash and near-cash items in a portfolio of assets. Additionally, it is a term describing the marketability of a money market security correlating to the narrowness of the spread between the bid and ask prices. Local Government Investment Pool (LGIP). An investment by local governments in which their money is pooled as a method for managing local funds, (e.g., Florida State Board of Administration’s Florida Prime Fund). Long-Term Core Investment Program. Funds that are not needed within a one-year period. Market Value. The fair market value of a security or commodity. The price at which a willing buyer and seller would pay for a security. Mark-to-market. Adjusting the value of an asset to its market value, reflecting in the process unrealized gains or losses. Master Repurchase Agreement. A widely accepted standard agreement form published by the Securities Industry and Financial Markets Association (SIFMA) that is used to govern and document Repurchase Agreements and protect the interest of parties in a repo transaction. Maturity Date. Date on which principal payment of a financial obligation is to be paid. Medium Term Notes (MTN's). Used frequently to refer to corporate notes of medium maturity (5-years and under). Technically, any debt security issued by a corporate or depository institution with a maturity from 1 to 10 years and issued under an MTN shelf registration. Usually issued in smaller issues with varying coupons and maturities, and underwritten by a variety of broker/dealers (as opposed to large corporate deals issued and underwritten all at once in large size and with a fixed coupon and maturity). 383 RESOLUTION NO. 2021-21 EXHIBIT “A” City of Winter Springs Investment Policy – August 9, 2021 Page 21 Money Market. The market in which short-term debt instruments (bills, commercial paper, bankers’ acceptance, etc.) are issued and traded. Money Market Mutual Fund (MMF). A type of mutual fund that invests solely in money market instruments, such as: U.S. Treasury bills, commercial paper, bankers' acceptances, and repurchase agreements. Money market mutual funds are registered with the SEC under the Investment Company Act of 1940 and are subject to “rule 2a-7” which significantly limits average maturity and credit quality of holdings. MMF’s are managed to maintain a stable net asset value (NAV) of $1.00. Many MMFs carry ratings by a NRSRO. Moody's Investors Service. One of several NRSROs that provide credit ratings on corporate and municipal debt issues. Mortgage Backed Securities (MBS). Mortgage-backed securities represent an ownership interest in a pool of mortgage loans made by financial institutions, such as savings and loans, commercial banks, or mortgage companies, to finance the borrower's purchase of a home or other real estate. The majority of MBS are issued and/or guaranteed by GNMA, FNMA, and FHLMC. There are a variety of MBS structures with varying levels of risk and complexity. All MBS have reinvestment risk as actual principal and interest payments are dependent on the payment of the underlying mortgages which can be prepaid by mortgage holders to refinance and lower rates or simply because the underlying property was sold. Mortgage Pass-Through Securities. A pool of residential mortgage loans with the monthly interest and principal distributed to investors on a pro-rata basis. The largest issuer is GNMA. Municipal Note/Bond. A debt instrument issued by a state or local government unit or public agency.The vast majority of municipals are exempt from state and federal income tax, although some non-qualified issues are taxable. Mutual Fund. Portfolio of securities professionally managed by a registered investment company that issues shares to investors. Many different types of mutual funds exist (e.g., bond, equity, and money market funds); all except money market funds operate on a variable net asset value (NAV). Negotiable Certificate of Deposit (Negotiable CD). Large denomination CDs ($100,000 and larger) that are issued in bearer form and can be traded in the secondary market. Net Asset Value. The market value of one share of an investment company, such as a mutual fund. This figure is calculated by totaling a fund's assets including securities, cash, and any accrued earnings, then subtracting the total assets from the fund's liabilities, and dividing this total by the number of shares outstanding. This is calculated once a day based on the closing price for each security in the fund's portfolio. (See below.) [(Total assets) - (Liabilities)]/(Number of shares outstanding) NRSRO. A “Nationally Recognized Statistical Rating Organization” (NRSRO) is a designated rating organization that the SEC has deemed a strong national presence in the U.S. NRSROs provide credit ratings on corporate and bank debt issues. Only ratings of a NRSRO may be used for the regulatory purposes of rating. Includes Moody’s, S&P, Fitch, and Duff & Phelps. Offered Price. See also "Ask Price." Open Market Operations. A Federal Reserve monetary policy tactic entailing the purchase or sale of government securities in the open market by the Federal Reserve System from and to primary dealers in order to influence the money supply, credit conditions, and interest rates. Par Value. The face value, stated value, or maturity value of a security. Physical Delivery. Delivery of readily available underlying assets at contract maturity. 384 RESOLUTION NO. 2021-21 EXHIBIT “A” City of Winter Springs Investment Policy – August 9, 2021 Page 22 Portfolio. Collection of securities and investments held by an investor. Premium. The amount by which a bond or other financial instrument sells above its face value. See also "Discount." Primary Dealer. A designation given to certain government securities dealer by the Federal Reserve Bank of New York. Primary dealers can buy and sell government securities directly with the Fed. Primary dealers also submit daily reports of market activity and security positions held to the Fed and are subject to its informal oversight. Primary dealers are the largest buyers and sellers by volume in the U.S. Treasury securities market. Prime Paper. Commercial paper of high quality. Highest rated paper is A-1+/A-1 by S&P and P-1 by Moody’s. Principal. Face value of a financial instrument on which interest accrues. May be less than par value if some principal has been repaid or retired. For a transaction, principal is par value times price and includes any premium or discount. Prudent Expert Rule. Standard that requires that a fiduciary manage a portfolio with the care, skill, prudence, and diligence, under the circumstances then prevailing, that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims. This statement differs from the “prudent person” rule in that familiarity with such matters suggests a higher standard than simple prudence. Prudent Investor Standard. Standard that requires that when investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency. More stringent than the “prudent person” standard as it implies a level of knowledge commensurate with the responsibility at hand. Qualified Public Depository -Per Subsection 280.02(26), F.S., “qualified public depository” means any bank, savings bank, or savings association that: 1. Is organized and exists under the laws of the United States, the laws of this state or any other state or territory of the United States. 2. Has its principal place of business in this state or has a branch office in this state which is authorized under the laws of this state or of the United States to receive deposits in this state. 3. Has deposit insurance under the provision of the Federal Deposit Insurance Act, as amended, 12 U.S.C. ss.1811 et seq. 4. Has procedures and practices for accurate identification, classification, reporting, and collateralization of public deposits. 5. Meets all requirements of Chapter 280, F.S. 6. Has been designated by the Chief Financial Officer as a qualified public depository. Range Note. A type of structured note that accrues interest daily at a set coupon rate that is tied to an index. Most range notes have two coupon levels; a higher accrual rate for the period the index is within a designated range, the lower accrual rate for the period that the index falls outside the designated range. This lower rate may be zero and may result in zero earnings. Rate of Return. Amount of income received from an investment, expressed as a percentage of the amount invested. Realized Gains (Losses). The difference between the sale price of an investment and its book value. Gains/losses are 385 RESOLUTION NO. 2021-21 EXHIBIT “A” City of Winter Springs Investment Policy – August 9, 2021 Page 23 “realized” when the security is actually sold, as compared to “unrealized” gains/losses which are based on current market value. See “Unrealized Gains (Losses).” Reference Bills: FHLMC’s short-term debt program created to supplement its existing discount note program by offering issues from one month through one year, auctioned on a weekly or on an alternating four-week basis (depending upon maturity) offered in sizeable volumes ($1 billion and up) on a cycle of regular, standardized issuance. Globally sponsored and distributed, Reference Bill issues are intended to encourage active trading and market-making and facilitate the development of a term repo market. The program was designed to offer predictable supply, pricing transparency, and liquidity, thereby providing alternatives to U.S. Treasury bills. FHLMC’s Reference Bills are unsecured general corporate obligations. This program supplements the corporation’s existing discount note program. Issues under the Reference program constitute the same credit standing as other FHLMC discount notes; they simply add organization and liquidity to the short-term Agency discount note market. Reference Notes: FHLMC’s intermediate-term debt program with issuances of 2, 3, 5, 10, and 30-year maturities. Initial issuances range from $2 - $6 billion with re-openings ranging $1 - $4 billion. The notes are high-quality bullet structures securities that pay interest semiannually. Issues under the Reference program constitute the same credit standing as other FHLMC notes; they simply add organization and liquidity to the intermediate- and long-term Agency market. Repurchase Agreement (Repo). A short-term investment vehicle where an investor agrees to buy securities from a counterparty and simultaneously agrees to resell the securities back to the counterparty at an agreed upon time and for an agreed upon price. The difference between the purchase price and the sale price represents interest earned on the agreement. In effect, it represents a collateralized loan to the investor, where the securities are the collateral. Can be DVP, where securities are delivered to the investor’s custodial bank, or “tri-party” where the securities are delivered to a third party intermediary. Any type of security can be used as “collateral,” but only some types provide the investor with special bankruptcy protection under the law. Repos should be undertaken only when an appropriate Securities Industry and Financial Markets Association (SIFMA) approved master repurchase agreement is in place. Reverse Repurchase Agreement (Reverse Repo). A repo from the point of view of the original seller of securities. Used by dealers to finance their inventory of securities by essentially borrowing at short-term rates. Can also be used to leverage a portfolio and in this sense, can be considered risky if used improperly. Safekeeping. Service offered for a fee, usually by financial institutions, for the holding of securities and other valuables. Safekeeping is a component of custody services. Secondary Market. Markets for the purchase and sale of any previously issued financial instrument. Securities Industry and Financial Markets Association (SIFMA). The bond market trade association representing the largest securities markets in the world. In addition to publishing a Master Repurchase Agreement, widely accepted as the industry standard document for Repurchase Agreements, the SIFMA also recommends bond market closures and early closes due to holidays. Securities Lending. An arrangement between and investor and a custody bank that allows the custody bank to “loan” the investors investment holdings, reinvest the proceeds in permitted investments, and shares any profits with the investor. Should be governed by a securities lending agreement. Can increase the risk of a portfolio in that the investor takes on the default risk on the reinvestment at the discretion of the custodian. Sinking Fund. A separate accumulation of cash or investments (including earnings on investments) in a fund in accordance with the terms of a trust agreement or indenture, funded by periodic deposits by the issuer (or other entity responsible for debt service), for the purpose of assuring timely availability of moneys for payment of debt service. Usually used in connection with term bonds. Spread. The difference between the price of a security and similar maturity U.S. Treasury investments, expressed in percentage terms or basis points. A spread can also be the absolute difference in yield between two securities. The 386 RESOLUTION NO. 2021-21 EXHIBIT “A” City of Winter Springs Investment Policy – August 9, 2021 Page 24 securities can be in different markets or within the same securities market between different credits, sectors, or other relevant factors. Standard & Poor's. One of several NRSROs that provide credit ratings on corporate and municipal debt issues. STRIPS (Separate Trading of Registered Interest and Principal of Securities). Acronym applied to U.S. Treasury securities that have had their coupons and principal repayments separated into individual zero-coupon Treasury securities. The same technique and "strips" description can be applied to non-Treasury securities (e.g., FNMA strips). Structured Notes. Notes that have imbedded into their structure options such as step-up coupons or derivative-based returns. Supranational. Supranational organizations are international financial institutions that are generally established by agreements among nations, with member nations contributing capital and participating in management. These agreements provide for limited immunity from the laws of member countries. Bonds issued by these institutions are part of the broader class of Supranational, Sovereign, and Non-U.S. Agency (SSA) sector bonds. Supranational bonds finance economic and infrastructure development and support environmental protection, poverty reduction, and renewable energy around the globe. For example, the World Bank, International Finance Corporation (IFC), and African Development Bank (AfDB) have “green bond” programs specifically designed for energy resource conservation and management. Supranational bonds, which are issued by multi-national organizations that transcend national boundaries. Examples include the World Bank, African Development Bank, and European Investment Bank. Swap. Trading one asset for another. TAP Notes: Federal Agency notes issued under the FHLB TAP program. Launched in 6/99 as a refinement to the FHLB bullet bond auction process. In a break from the FHLB’s traditional practice of bringing numerous small issues to market with similar maturities, the TAP Issue Program uses the four most common maturities and reopens them up regularly through a competitive auction. These maturities (2, 3, 5, and 10 year) will remain open for the calendar quarter, after which they will be closed and a new series of TAP issues will be opened to replace them. This reduces the number of separate bullet bonds issued, but generates enhanced awareness and liquidity in the marketplace through increased issue size and secondary market volume. Tennessee Valley Authority (TVA). One of the large Federal Agencies. A wholly owned corporation of the United States government that was established in 1933 to develop the resources of the Tennessee Valley region in order to strengthen the regional and national economy and the national defense. Power operations are separated from non- power operations. TVA securities represent obligations of TVA, payable solely from TVA's net power proceeds, and are neither obligations of nor guaranteed by the United States. TVA is currently authorized to issue debt up to $30 billion. Under this authorization, TVA may also obtain advances from the U.S. Treasury of up to $150 million. Frequent issuer of discount notes, agency notes, and callable agency securities. Total Return. Investment performance measured over a period of time that includes coupon interest, interest on interest, and both realized and unrealized gains or losses. Total return includes, therefore, any market value appreciation/depreciation on investments held at period end. Treasuries. Collective term used to describe debt instruments backed by the U.S. government and issued through the U.S. Department of the Treasury. Includes Treasury bills, Treasury notes, and Treasury bonds. Also a benchmark term used as a basis by which the yields of non-Treasury securities are compared (e.g., "trading at 50 basis points over Treasuries"). Treasury Bills (T-Bills). Short-term direct obligations of the United States government issued with an original term of one year or less. Treasury bills are sold at a discount from face value and do not pay interest before maturity. The difference between the purchase price of the bill and the maturity value is the interest earned on the bill. Currently, the U.S. Treasury issues 4-week, 13-week, and 26-week T-Bills. Treasury Bonds. Long-term interest-bearing debt securities backed by the U.S. government and issued with maturities 387 RESOLUTION NO. 2021-21 EXHIBIT “A” City of Winter Springs Investment Policy – August 9, 2021 Page 25 of ten years and longer by the U.S. Department of the Treasury. Treasury Notes. Intermediate interest-bearing debt securities backed by the U.S. government and issued with maturities ranging from one to ten years by the U.S. Department of the Treasury. The Treasury currently issues 2-year, 3-year, 5-year, and 10-year Treasury Notes. Trustee. A bank designated by an issuer of securities as the custodian of funds and official representative of bondholders. Trustees are appointed to insure compliance with the bond documents and to represent bondholders in enforcing their contract with the issuer. Uniform Net Capital Rule. SEC Rule 15c3-1 that outlines the minimum net capital ratio (ratio of indebtedness to net liquid capital) of member firms and non-member broker/dealers. Unrealized Gains (Losses). The difference between the market value of an investment and its book value. Gains/losses are “realized” when the security is actually sold, as compared to “unrealized” gains/losses which are based on current market value. See also “Realized Gains (Losses).” Variable-Rate Security. A bond that bears interest at a rate that varies over time based on a specified schedule of adjustment (e.g., daily, weekly, monthly, semi-annually, or annually). See also “Floating Rate Note.” Weighted Average Maturity (or just “Average Maturity”). The average maturity of all securities and investments of a portfolio, determined by multiplying the par or principal value of each security or investment by its maturity (days or years), summing the products, and dividing the sum by the total principal value of the portfolio. A simple measure of risk of a fixed-income portfolio. Weighted Average Maturity to Call. The average maturity of all securities and investments of a portfolio, adjusted to substitute the first call date per security for maturity date for those securities with call provisions. Yield Curve. A graphic depiction of yields on like securities in relation to remaining maturities spread over a time line. The traditional yield curve depicts yields on U.S. Treasuries, although yield curves exist for Federal Agencies and various credit quality corporates as well. Yield curves can be positively sloped (normal) where longer-term investments have higher yields, or “inverted” (uncommon) where longer-term investments have lower yields than shorter ones. Yield to Call (YTC). Same as “Yield to Maturity,” except the return is measured to the first call date rather than the maturity date. Yield to call can be significantly higher or lower than a security’s yield to maturity. Yield to Maturity (YTM). Calculated return on an investment, assuming all cash-flows from the security are reinvested at the same original yield. Can be higher or lower than the coupon rate depending on market rates and whether the security was purchased at a premium or discount. There are different conventions for calculating YTM for various types of securities. Yield. There are numerous methods of yield determination. In this glossary, see also "Current Yield,” "Yield Curve," "Yield to Call," and "Yield to Maturity." Attachment B Money Market Funds Questionnaire Prior to investing in a money market fund proper due diligence is required. General Fund Information: 1. Does the fund attempt to maintain a stable net asset value or floating net asset value? 388 RESOLUTION NO. 2021-21 EXHIBIT “A” City of Winter Springs Investment Policy – August 9, 2021 Page 26 2. How is interest distributed, and how are gains and losses are treated? 3. How often are statements and portfolio holdings distributed? 4. Is the fund eligible for bond proceeds and/or will it accept such proceeds? Oversight: 5. What are the fund ratings by the Nationally Recognized Statistical Rating Organizations such as S&P, Moody’s, Fitch, Kroll, etc.? 6. What are the eligible investment securities, and a written statement of investment policy and objectives? 7. How are the securities safeguarded (including the settlement processes)? How often are the securities priced? How often is the fund audited? Fund Statistics: 8. What is the current sector allocation of the fund? 9. What is the fee schedule, and how and when is it assessed? Liquidity: 10. Does the fund have any liquidity fees? If so, describe the terms. 11. Does the fund have redemption gates? If so, describe them. Investor Requirements 12. Who may invest in the program, how often, what size deposit and withdrawal are allowed. 13. Is there a limit regarding investor concentration? If so, what is it? 389 CITY COMMISSION REGULAR MEETING MINUTES MONDAY, JULY 12, 2021 AT 6:30 PM CITY HALL - COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA 390 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, JULY 12, 2021 | PAGE 2 OF 14 CALL TO ORDER Mayor Kevin McCann called the Regular Meeting of Monday, July 12, 2021 of the City Commission to order at 6:30 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor Kevin McCann, present Deputy Mayor Ted Johnson, present via telephone Commissioner Matt Benton, present Commissioner Kevin Cannon, present Commissioner TiAnna Hale, present Commissioner Rob Elliott, present City Manager Shawn Boyle, present City Attorney Anthony A. Garganese, present City Clerk Christian Gowan, present The following changes were made to the agenda Item 100 was pulled from the agenda, Items 301 and 302 were marked for discussion, and Item 314 was pulled from the Consent Agenda to be considered for a separate vote during the Regular Agenda. AWARDS AND PRESENTATIONS 100) Recognition of A Budget Tree for donation of Mulch to Community Garden This item was pulled from the agenda. 101) Legislative Update from State Representative David Smith Representative David Smith addressed the Commission and provided a legislative update for the 2021 Legislative Session which ended April 30, 2021 and the subsequent Special session on casino gambling. Representative Smith noted a focus on the economy, education, and the environment and announced that appropriations requests were now able to be filed for municipalities. Furthermore, Representative Smith noted that committee meetings would start again in September and the next session would start January 11, 2022. Discussion followed with Commissioners praising the environmental spending of the state, pre-k changes, asking about insurance, and the potential for reevaluating requirements for multistory residential developments in the wake of the Surfside condo collapse. 391 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, JULY 12, 2021 | PAGE 3 OF 14 INFORMATIONAL AGENDA 200) Current Development Projects Summary No discussion PUBLIC INPUT Mr. Mike Dowd, 163 Nandina Terrace, Winter Springs noted his excitement about the proposed pickleball project and thought it would benefit property values and residents. Mr. Andrew Zacharias, 222 Oak Road, Winter Springs spoke in support of the proposed pickleball project Mr. Ron Ligthart, 1036 Winding Waters Circle, Winter Springs spoke about his water bill going up and thought the meter might be getting misread. Art Gallo, 199 Nandina Terrace, Winter Springs spoke about his work with Smart Water Irrigation Technology, challenges related to existing state statures, offered recommendations, and asked for the City’s help in addressing challenges. Mr. Joel Kuhn, 1965 Grand Rue Drive, Casselberry expressed excitement and support for the proposed pickleball project. Ms. Gina Shafer, Winter Springs Village, Winter Springs noted her attendance at the Budget Workshop and thanked Commissioners for their questions. Continuing, she asked that the City revisit video streaming of meetings, ensure the pedestrian overpass on 434 is maintained, and spoke briefly about pickleball. CONSENT AGENDA 300) Seminole Crossing Townhomes (WS Town Center) Site Acceptance No discussion. 301) State Road 434 Reclaimed Expansion Design Commissioner Cannon asked for clarification on the amount the developer was contributing to the project. Staff explained the developer was paying for the extension to the line to make the connection. 302) Waste Water Facilities Plan Commissioner Cannon asked about the deliverables schedule. Staff noted the work would be completed in a total of twelve (12) weeks. 392 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, JULY 12, 2021 | PAGE 4 OF 14 303) Selection of Treatment Processes and Conceptual Site Design of the East and West Waste Water Treatment Plants No discussion. 304) Independent Audit of Veolia’s performance No discussion. 305) FY 2021 Road Resurfacing Plan No discussion. 306) Potable Water System Hydraulic Model Update and Calibration No discussion. 307) Central Winds Park Irrigation Pump Replacement No discussion. 308) Repeal of Resolution 2020-06 related to the Declaration of Civil Emergency and related Emergency Executive Orders related to Covid-19 No discussion. 309) Resolution 2021-17 recognizing the retirement of Lt. Will Maxwell from the Police Department No discussion. 310) Designation of Historic Tree No discussion. 311) Results of the Auditor Selection Committee No discussion. 312) Winter Springs / Westgate Terrace Agreement No discussion. 313) Senior/Civic Center Parking Lot resurfacing No discussion. 314) Winter Springs Park Expansion - PULLED FROM CONSENT AGENDA 393 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, JULY 12, 2021 | PAGE 5 OF 14 This item was pulled from the Consent Agenda & discussed as a Regular Agenda Item – it is not included in the approval of the Consent Agenda. 315) Minutes from the Monday, June 7 City Commission Workshop No discussion. 316) Minutes from the Monday, June 14, 2021 City Commission Regular Meeting No discussion. "MOTION TO APPROVE CONSENT AGENDA." MOTION BY COMMISSIONER HALE. SECONDED BY DEPUTY MAYOR JOHNSON. DISCUSSION. VOTE: BENTON (AYE); CANNON (AYE); JOHNSON (AYE); HALE (AYE); ELLIOTT (NAY). - MOTION CARRIED 4 - 1. PUBLIC HEARINGS AGENDA 400) First Reading of Ordinance 2021-05 “MOTION TO READ BY TITLE ONLY” MOTION BY COMMISSIONER CANNON. SECONDED BY DEPUTY MAYOR JOHNSON. DISCUSSION. VOTE: ELLIOT (AYE); JOHNSON (AYE); CANNON (AYE); BENTON (AYE); HALE (AYE) – MOTION CARRIED Attorney Garganese read Ordinance 2021-05 by title only. Discussion followed on compliance with the national flood plan and potential changes to flood maps. Staff advised that the flood maps would not change and that this Ordinance was only to bring the City into compliance. Mayor McCann opened the Public Hearing for Item 400 Nobody spoke Mayor McCann closed the Public Hearing for Item 400 394 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, JULY 12, 2021 | PAGE 6 OF 14 "MOTION TO APPROVE ORDINANCE 2021-05 ON FIRST READING." MOTION BY COMMISSIONER CANNON. SECONDED BY DEPUTY MAYOR JOHNSON. DISCUSSION. VOTE: CANNON (AYE); JOHNSON (AYE); HALE (AYE); ELLIOTT (AYE); BENTON (AYE) MOTION CARRIED 5 - 0. REGULAR AGENDA 500) Budget Overview and Proposed Operating Millage Rate for Fiscal Year 2021-2022 Ms. Maria Sonksen, Director, Finance Department thanked the Commissioners for their input during one-on-on sessions and the budget workshop and reviewed the staff recommendation for the proposed budget, millage rate, and hearing date for the tentative budget. Commissioner Cannon reiterated his question from the budget workshop and asked if there were any unfunded but required items that were not allocated for in the current budget. Staff indicated there were none. "MOTION TO APPROVE ADOPTING RESOLUTION 2021-10 SETTING THE PROPOSED OPERATING MILLAGE RATE AT 2.4100 MILLS AND ESTABLISHING THE ROLLED BACK MILLAGE RATE AT 2.3127 MILLS. ADDITIONALLY, STAFF RECOMMENDS THE CITY COMMISSION ESTABLISH THE DATE, TIME AND PLACE FOR A PUBLIC HEARING REGARDING THE PROPOSED MILLAGE RATE AND TENTATIVE BUDGET AS SEPTEMBER 13, 2021 AT 6:30 PM AT 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA.." MOTION BY DEPUTY MAYOR JOHNSON. SECONDED BY COMMISSIONER CANNON. DISCUSSION. VOTE: HALE (AYE); CANNON (AYE); ELLIOTT (AYE); JOHNSON (AYE); BENTON (AYE) MOTION CARRIED 5 – 0. 501) Police Communications Center dispatch consolidation discussion Chief Chris Deisler, Winter Springs Police Department, briefly introduced the item and invited questions. Discussion followed on other municipality’s use of Seminole County for dispatch, response times, questions about current equipment, and personnel considerations. 395 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, JULY 12, 2021 | PAGE 7 OF 14 Chief Lisa Spriggs, Chief of Administrative Services, Seminole County Sheriff’s Office noted that the County was willing and able to hire current Winter Springs personnel as long as they met hiring requirements. Chief Spriggs also noted that the current equipment being used by Winter Springs was County equipment and the County would utilize this should the deal go through. Further discussion followed on dispatcher’s familiarity with the City, budget impacts, non-emergency call impacts, any impacts to the Emergency Operations Center, and bringing the final contract back to the Commission for approval. Chief Deisler and Chief Spriggs spoke about the city’s involvement in protocol standardization and the seamless handover experienced when Lake Mary consolidated its dispatch. After further discussion, staff agreed to bring the final contract back to the August Commission Meeting for approval by the City Commission. Brief discussion followed on any impacts to employees in the pension plan. Manager Boyle noted employee’s benefits would freeze and they would contact the City when they could start drawing money. "MOTION TO APPROVE CHIEF AND MANAGER TO ENGAGE IN NEGOTIATIONS INCLUDING IMPLEMENTATION TIMELINE TO TRANSFER DISPATCH FROM CITY TO COUNTY AND THAT THE CONTRACT BE BROUGHT BACK AT THE NEXT COMMISSION MEETING." MOTION BY COMMISSIONER CANNON. SECONDED BY COMMISSIONER HALE. DISCUSSION. VOTE: JOHNSON (AYE); HALE (AYE); ELLIOTT (AYE); JOHNSON (AYE); BENTON (AYE) MOTION CARRIED 5 – 0. 502) Discuss and Take Action on Resolution 2021-09 Committing to the Improvement of Water and Reclaimed Services; Defining and Authorizing Investigation into Affairs of the City related to Provision of Potable and Reclaimed Water Services; Providing a Temporary Advisory to the Public and Prospective Developers related to Water Concurrency and Availability of Adequate City Water Supplies and Potable Water Facilities for Proposed New Development. Attorney Garganese briefly reviewed Resolution 2021-09 “MOTION TO EXTEND THE MEETING” MOTION BY COMMISSIONER CANNON. SECONDED BY DEPUTY MAYOR JOHNSON. DISCUSSION. 396 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, JULY 12, 2021 | PAGE 8 OF 14 VOTE BENTON (AYE); CANNON (AYE); JOHNSON (AYE); HALE (AYE); ELLIOTT (AYE) MOTION CARRIED 5 – 0. Discussion followed on the importance of the investigation, stopping misinformation, and the importance of concurrency information being presented when making land use decisions. "MOTION TO APPROVE RESOLUTION 2021-09." MOTION BY COMMISSIONER CANNON. SECONDED BY COMMISSIONER HALE. DISCUSSION. VOTE: ELLIOTT (AYE); JOHNSON (AYE); BENTON (AYE); CANNON (AYE); HALE (AYE) MOTION CARRIED 5 – 0. 503) City of Winter Springs Parks and Recreation Master Plan Mr. Schmidt introduced Mr. Matt Siebert, East Central Florida Regional Planning Council (ECFRPC) to present the Master Plan in conformity with the Comprehensive Plan. Mr. Siebert reviewed the grant from the Florida Department of Economic Opportunity which helped with the completion of this plan, reviewed existing conditions, economic analysis, public engagement, and recommendations. Discussion followed on the inclusion of handicap accessibility in the survey, the final master plan product, and in the Comprehensive Plan where appropriate. Staff confirmed that handicap accessibility considerations would be included in the final product. Manager Boyle reviewed the history and commitment of the City to ADA compliance and prioritization in City projects. "MOTION TO ACCEPT THE PARKS AND RECREATION MASTER PLAN WITH REVISIONS SUGGESTED TONIGHT." MOTION BY COMMISSIONER CANNON. SECONDED BY COMMISSIONER BENTON. DISCUSSION. VOTE: CANNON (AYE); HALE (AYE); JOHNSON (AYE); BENTON (AYE); ELLIOTT (AYE) MOTION CARRIED 5 – 0. 397 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, JULY 12, 2021 | PAGE 9 OF 14 504) The Lake Jesup Overlook Project Manager Boyle noted this was a conceptual plan and that staff was looking for consensus if Commission was interested in moving forward with the proposed project. . Mr. Brian Dunigan, Parks Manager, Parks and Recreation Department and Mr. Matthew Linder, Associate Planner, Community Development Department presented the proposed Lake Jesup Overlook project which included a proposed pickleball complex and event center with the potential to generate revenue streams. Manager Boyle noted the total cost estimate for all 3 phases of the project would total five (5) million dollars. Discussion followed on the popularity of pickleball, the size of the proposed events center, and potential parking concerns. “MOTION TO EXTEND BEYOND 10PM UNTIL AFTER SECOND PUBLIC INPUT.” MOTION BY DEPUTY MAYOR JOHNSON. SECONDED BY COMMISSIONER CANNON. DISCUSSION. MOTION PASSED WITH UNANIMOUS CONSENT. Further discussion followed on budgetary impacts and funding sources as well as the desire to have an events center on the lakefront of Lake Jesup. Manager Boyle noted the money was planned to come from the Perk Up Parks funds and that Phase 1 was currently included in the upcoming fiscal year’s budget. Commissioner Hale left the dais at 10:03 PM. "MOTION TO APPROVE STAFF MOVE FORWARD WITH PRELIMINARY DESIGN PHASE, PRO FORMA, AND PRESENT COST PROJECTIONS WHEN AVAILABLE." MOTION BY COMMISSIONER CANNON. SECONDED BY COMMISSIONER ELLIOTT. DISCUSSION. VOTE: BENTON (AYE); JOHNSON (AYE); ELLIOTT (AYE); CANNON (AYE) MOTION CARRIED 4 – 0. Commissioner Hale returned to the dais at 10:08 PM. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER DOCUMENTED. 314) Winter Springs Park Expansion (PULLED FROM CONSENT AGENDA) 398 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, JULY 12, 2021 | PAGE 10 OF 14 Manager Boyle noted two pieces of property (120 N. Flamingo and the Wagner Property) had become available to expand Torcaso and Central Winds Park and that the City, if purchase was approved, intended to demolish the existing structures to expand the respective parks. Discussion followed on the funding source and the need to complete due diligence on the Wagner property. "MOTION TO GIVE THE CITY MANGER THE AUTHORITY TO CLOSE ON THE FLAMINGO PROPERTY AND, SUBJECT TO ADDITIONAL DUE DILIGENCE TO BE COMPLETED AND DEEMED SATISFACTORY BY THE MANAGER, THE WAGNER PROPERTY." MOTION BY DEPUTY MAYOR JOHNSON. SECONDED BY COMMISSIONER CANNON. DISCUSSION. VOTE: JOHNSON (AYE); HALE (AYE); ELLIOTT (AYE); CANNON (AYE); BENTON (AYE) MOTION CARRIED 5 – 0. 505) Designation of Voting Delegate to Florida League of Cities Annual Conference "MOTION TO NOMINATE DEPUTY MAYOR." MOTION BY COMMISSIONER CANNON. SECONDED BY COMMISSIONER HALE. DISCUSSION. VOTE: HALE (AYE); ELLIOTT (AYE); BENTON (AYE); CANNON (AYE); JOHNSON (AYE) MOTION CARRIED 5 – 0. 506) Appointment Opportunities for City Boards and Committees “MOTION TO APPOINT LISA ELY TO THE OAK FOREST WALL AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE.” MOTION BY COMMISSIONER ELLIOTT. SECONDED BY DEPUTY MAYOR JOHNSON. DISCUSSION. VOTE: BENTON (AYE); CANNON (AYE); JOHNSON (AYE); HALE (AYE); ELLIOTT (AYE) MOTION CARRIED 5 – 0. “MOTION TO APPOINT HOWARD PARSONS TO THE PARKS AND RECREATION ADVISORY COMMITTEE.” MOTION BY COMMISSIONER ELLIOTT. SECONDED BY DEPUTY MAYOR JOHNSON. DISCUSSION. VOTE: BENTON (AYE); CANNON (AYE); JOHNSON (AYE); HALE (AYE); ELLIOTT (AYE) MOTION CARRIED 5 – 0. 399 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, JULY 12, 2021 | PAGE 11 OF 14 “MOTION TO REAPPOINT MADYSON HERBER TO THE YOUTH COUNCIL.” MOTION BY COMMISSIONER CANNON. SECONDED BY DEPUTY MAYOR JOHNSON. DISCUSSION. VOTE: BENTON (AYE); CANNON (AYE); JOHNSON (AYE); HALE (AYE); ELLIOTT (AYE) MOTION CARRIED 5 – 0. “MOTION TO REAPPOINT SOLEIL SANABRIA TO THE YOUTH COUNCIL.” MOTION BY DEPUTY MAYOR JOHNSON. SECONDED BY COMMISSIONER CANNON. DISCUSSION. VOTE: BENTON (AYE); CANNON (AYE); JOHNSON (AYE); HALE (AYE); ELLIOTT (AYE) MOTION CARRIED 5 – 0. Discussion followed on the Youth Council, term limits, and scheduled meeting dates. “MOTION TO REAPPOINT ALL ELIGIBLE YOUTH COUNCIL MEMBERS SUBJECT TO COMPLETION OF APPROPRIATE APPLICATIONS AND/OR NOTICE OF INTEREST IN CONTINUING TO SERVE.” MOTION BY COMMISSIONER CANNON. SECONDED BY DEPUTY MAYOR JOHNSON. DISCUSSION, MOTION PASSED WITH UNANIMOUS CONSENT. 507) New Business Commissioner Cannon sought to provide direction to City representatives of the Seminole County Public School’s Planning and Techincal Advisory Committee (PTAC) and Public School Facility Planning Committee (PSFPC) regarding the most recent revisions being proposed for the Interlocal Agreement. Discussion followed with Commissioners noting concerns about land use decisions being made or impacted by the school system, the need for established regular reviews of the interlocal agreement, and concerns about the proposed concurrency service areas and the impact on schoolchildren in Winter Springs. The Commission agreed that they were opposed to the current proposed version of the Interlocal Agreement and asked City representatives on the PTAC and PSFPC to vote against this. REPORTS 600) City Manager Shawn Boyle 400 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, JULY 12, 2021 | PAGE 12 OF 14 • No report 601) City Attorney Anthony A. Garganese • Noted the South Seminole North Orange County Water Transmission Authority (SSNOCWTA) enabling law had been enacted and that the City was no longer a member. A representative no longer needed to be named to the Authority or to attend meetings. 602) City Clerk Christian Gowan • No report 603) Mayor Kevin McCann • Commended City staff on the 4th of July event 604) Seat One Commissioner Matt Benton • Noted receiving lots of positive feedback on the 4th of July event and the Winter Springs United initiative 605) Seat Two Commissioner Kevin Cannon • Asked that the City get more Winter Springs United t-shirts made and noted 4th of July event was big success. 606) Seat Three Commissioner/Deputy Mayor Ted Johnson • No report 607) Seat Four Commissioner TiAnna Hale • Thought 4th of July event was magical and thought Winter Springs United intitiative was a big success. • Noted upcoming food truck and movie events • Thanked Representative Smith for speaking to the Commission • Recognized Lieutenant Will Maxwell who is retiring and thanked him for his service to the City. 608) Seat Five Commissioner Rob Elliott • Noted an upcoming organizational meeting for the Helping Hands group • Commended everyone on 4th of July event • Spoke briefly about attending the Youth Council meetings and ideas for them to assist with, including the possibility of naming the recently designated historic tree. 401 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, JULY 12, 2021 | PAGE 13 OF 14 • Noted speaking to the Jesup’s Reserve HOA who shared concerns about traffic PUBLIC INPUT Ms. Loretta Ames, 150 Third Street, Winter Springs thanked the Commission for fighting to keep Winter Springs students in nearby schools and spoke on the importance of considering children in this decision making process. Mr. Maurice Kaprow, PO Box 195233, Winter Springs expressed disappointment in misinformation being spread by former Commissioners and thought it was time to announce to the world the great things the City was doing. Thanked Commission an staff for their work. Mr. Andrew Zacharias, 222 Oak Road, Winter Springs spoke about the importance of Winter Springs’ schools being filled with Winter Springs students first. Ms. Sheila Benton 414 Cedarwood Court. Winter Springs spoke about handicap accessibility in parks and asked the Commission to research barrier-free parks. ADJOURNMENT Mayor McCann adjourned the meeting at 12:01 AM Tuesday, June 13, 2021. RESPECTFULLY SUBMITTED: ____________________________________ CHRISTIAN GOWAN CITY CLERK APPROVED: ____________________________________ MAYOR KEVIN MCCANN 402 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, JULY 12, 2021 | PAGE 14 OF 14 NOTE: These Minutes were approved at the _________________, 2021 City Commission Regular Meeting. 403 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs, Florida 32708 customerservice@winterspringsfl.org Application – Aesthetic Review 2019/10 Page 1 of 5 The Community Development Director reserves the right to determine whether this application is complete and accurate. An incomplete application will not be processed and will be returned to the applicant. The application shall be reviewed per Chapter 9–Aesthetic Review Sec.9-605. The sufficiency review shall be completed within thirty (30) calendar days per FL Statue 166.033. Once the application is deemed sufficient, the applicant shall move forward with the Community Workshop, required per Chapter 20–Zoning Sec.20-29.1. Applicants are responsible for posting notice (provided by the city) on the site at least seven (20) days prior to the City Commission (CC) meeting at which the matter will be considered. Said notice shall not be posted within the City right-of-way. All applicants shall be afforded minimal due process as required by law, including the right to receive notice, be heard, present evidence, cross-examine witnesses, and be represented by a duly authorized representative. Applicants are further advised that a Conditional Use is quasi-judicial in nature. Therefore, APPLICANT ACKNOWLEDGES and AGREES, by signing below, that he or she: • May be sworn-in as a witness in order to provide testimony to the City Commission; • Shall be subject to cross-examination by party intervenors (if requested); and • Shall be required to qualify expert witnesses, as appropriate. Applicants are encouraged to familiarize themselves with Chapter 2 – Administration Sec. 2-30 of the Winter Springs City Code relating to Quasi-Judicial Rules and Procedures of the City Commission. All Aesthetic Review recommendations shall be based from the required information/documentation provided, the Winter Springs Code of Ordinances, and the Winter Springs Comprehensive Plan (to the extent applicable). The City Commission (CC) shall render all final decisions regarding Aesthetic Review and may impose reasonable conditions on any approved Aesthetic Review to the extent deemed necessary and relevant to ensure compliance with applicable criteria and other applicable provisions of the Winter Springs Code of Ordinances and the Winter Springs Comprehensive Plan. All formal decisions shall be based on competent substantial evidence and the applicable criteria as set forth in Chapter 9, Aesthetic Review Standards. Applicants are advised that if, they decide to appeal any decisions made at the meetings or hearings with respect to any matter considered at the meetings or hearings, they will need a record of the proceedings and, for such purposes, they will need to insure that a verbatim record of the proceedings is made, at their cost, which includes the testimony and evidence upon which the appeal is to be based, per Florida Statute 286.0105. An Aesthetic Review Approval by the City Commission under this article shall be valid for a maximum of eighteen (18) months from the date the city commission renders its approval at a public meeting. If the applicant fails to obtain a building permit within the eighteen (18) month period, the city commission's approval shall expire at the end of the period. However, once a building permit is issued, the approval shall be valid for a time period equal to the permit and shall expire only if the building permit expires. Reasonable extensions may be granted by the city commission upon good cause shown by the applicant, provided substantial changes have not occurred in the surrounding area that would make the prior approval inconsistent with the criteria set forth in Chapter 9-Aesthetic Review Sec.9-9603 404 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs, Florida 32708 customerservice@winterspringsfl.org Application – Aesthetic Review 2019/10 Page 2 of 5 REQUIRED INFORMATION: Applicant(s): Date: Mailing address: Email: Phone Number: Property Owner(s): Mailing Address: Email: Phone Number: Project Name: Property Address: Parcel ID(s): Parcel Size: Existing Use: Future Land Use: Zoning District: Final Engineering Approval Date: Has the applicant agreed to a binding development agreement required by city to incorporate the terms and conditions of approval deemed necessary by the City Commission including, but not limited to, any mitigative techniques and plans required by city code? Yes No List all witnesses that the applicant intends to present to the City Commission to provide testimony: Describe with specificity any evidence which the applicant intends to present to the City Commission, including oral factual testimony, maps, photographs, records or reports and/or expert testimony: 405 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs, Florida 32708 customerservice@winterspringsfl.org Application – Aesthetic Review 2019/10 Page 3 of 5 Attach all documentary evidence which the applicant intends to present to the city commission to the back of this application. The Applicant has a continuing duty to update the list of witnesses, description of evidence, and documentary evidence throughout the application process. Additional witnesses or evidence will not be admitted at the city commission hearing if not submitted at least seven (7) days prior to such hearing CRITERIA FOR REVIEW: 1. The PLANS AND SPECIFICATIONS of the proposed project indicate that the setting, landscaping, proportions, materials, colors, texture, scale, unity, balance, rhythm, contrast, and simplicity are coordinated in a harmonious manner relevant to the particular proposal, surrounding area and cultural character of the community. 2. The PLANS for the proposed project are in harmony with any future development which has been formally approved by the City within the surrounding area. 3. The PLANS for the proposed project are not excessively similar or dissimilar to any other building, structure or sign which is either fully constructed, permitted but not fully constructed, or included on the same permit application, and facing upon the same or intersecting street within five hundred (500) feet of the proposed site, with respect to one or more of the following features of exterior design and appearance: a. Front or side elevations; b. Size and arrangement of elevation facing the street, including reverse arrangement; or c. Other significant features of design such as, but not limited to: materials, roof line, hardscape improvements, and height or design elements. 4. The PLANS for the proposed project are in harmony with, or significantly enhance, the established character of other buildings, structures or signs in the surrounding area with respect to architectural specifications and design features deemed significant based upon commonly accepted architectural principles of the local community. 5. The PROPOSED PROJECT is consistent and compatible with the intent and purpose of this article, the Comprehensive Plan for Winter Springs, design criteria adopted by the City (e.g. Town Center guidelines, SR 434 design specifications) and other applicable federal, state or local laws. 6. The PROPOSED PROJECT has incorporated significant architectural enhancements such as concrete masonry units with stucco, marble, termite-resistant wood, wrought iron, brick, columns and piers, porches, arches, fountains, planting areas, display windows, and other distinctive design detailing and promoting the character of the community. 406 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs, Florida 32708 customerservice@winterspringsfl.org Application – Aesthetic Review 2019/10 Page 4 of 5 REQUIRED DOCUMENTATION (PDF): ___ A complete Application and applicable fee ___ Minor (Site less than 2 acres) – $300* ___ Major (Site greater than 2 acres) – $600* ___ Modification of previously approved Aesthetic Review – $300* ___ A Legal Description accompanied by a certified survey or the portion of the map maintained by the Seminole County Property Appraiser reflecting the boundaries of the subject property (To scale). ___ Site Plan ___ Building Elevations (color) illustrating all sides of structures ___ COLOR RENDERING illustrating street view with landscaping at time of planting; ___ ILLUSTRATIONS of all WALLS, FENCES, AND OTHER ACCESSORY STRUCTURES and indication of their height and the materials proposed for their construction; ___ SIGNAGE ELEVATIONS of proposed exterior permanent signs, outdoor advertising or other constructed elements other than habitable space, if any; ___ IDENTIFICATION of MATERIALS, TEXTURES, AND COLORS (include paint chips) to be used on all buildings, accessory structures, exterior signs, and other constructed elements; ___ OTHER architectural and engineering data as may be requested to clarify the application. ___ For all new commercial development and new residential subdivisions of ten (10) or more lots or existing commercial buildings being altered by 50 percent or greater of the original floor plan or seating capacity and requiring a modified site plan, or development agreements process under section 20-28.1 of the City Code, or as otherwise deemed applicable by the city to relevantly and competently examine an application for compliance with the city code and the affect and impact the proposed use will have on neighborhood and surrounding properties, applicants shall be required to submit with the following additional information referenced in Chapter 20 – Zoning Sec.20.29 Applications (7) – (11). * Fees are as shown above plus actual costs incurred for advertising or notification, and for reimbursement for technical and/or professional services which may be required in connection with the review, inspection or approval of any development (based on accounting submitted by the city’s consultant) , payable prior to approval of the pertinent stage of development. 407 408 PROJECT SITE PARCEL ID# 36-20-30-502-0000-0070 (VACANT) SUBJECT PROPERTY 409 SCHOOLSCHOOLSCHOOLSCHOOLSTOPTPFTPFTPF 01 ARCHITECTURAL SITE PLAN 1/32" = 1'-0" NORTH 0 8' 16' 32' 64'TUSKAWILLA RDS T A T E RO A D 4 3 4 NEW BLDG NIC THIS AESTHETIC PACKAGE IS FOR THE BUILDING IN SHADED AREA FUTURE OUTPARCEL NIC SETBACK LINE PROPERTY LINE THIS BLDG AESTHETICS PREVIOUSLY SUBMITTED W/ SITEWORK PERMIT #SP2020-0018 AND APPROVED THIS BLDG AESTHETICS PREVIOUSLY SUBMITTED W/ SITEWORK PERMIT #SP2020-0018 AND APPROVED ACCESSORY DUMPSTER ENCLOSURE PREVIOUSLY SUBMITTED WITH BUILDING PERMIT #2020-00004682, PENDING APPROVAL PLEASE NOTE: THE STREET-VIEW PERSPECTIVE RENDERING AND SIGN PLAN HAVE BEEN PREVIOUSLY SUBMITTED AND APPROVED WITH THE AESTHETIC SUBMITTALS THAT WERE INCLUDED ALONGSIDE SITE WORK PERMIT #SP2020-0018, AND ARE THEREFORE NOT INCLUDED WITH THIS PACKAGE. LEGAL DESCRIPTION OF PROPERTY PARCEL 1: LOT 7, JOE E. JOHNSTON'S SURVEY, RECORDED IN DEED BOOK 147, PAGE 221, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, AND ALSO BEING THAT PART OF THE UNPLATTED PART OF BLOCK B OF D. R. MITCHELL'S SURVEY OF THE LEVY GRANT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 186 FEET NORTH 38 DEGREES 45 MINUTES WEST OF THE MOST EASTERLY CORNER OF THAT PART OF SAID BLOCK B LYING SOUTHWEST OF THE SANFORD-OVIEDO ROAD AND RUNNING NORTH 38 DEGREES 45 MINUTES WEST, 200 FEET ALONG THE WESTERLY LINE OF THE SANFORD-OVIEDO; THENCE SOUTH 51 DEGREES 15 MINUTES WEST 650.30 FEET; THENCE SOUTH 22 DEGREES 15 MINUTES EAST 208.8 FEET; THENCE NORTH 51 DEGREES 15 MINUTES EAST 710.14 FEET TO THE POINT OF BEGINNING; LESS AND EXCEPT THAT PART TAKEN FOR ROAD RIGHT OF WAY BY THE ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 2803, PAGE 1023, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. PARCEL 2: THAT PART OF THE UNPLATTED PART OF BLOCK B OF D. R. MITCHELL'S SURVEY OF THE LEVY GRANT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 186 FEET NORTH 38 DEGREES 45 MINUTES WEST OF THE MOST EASTERLY CORNER OF THAT PART OF SAID BLOCK B LYING SOUTHWEST OF THE SANFORD-OVIEDO HIGHWAY AND RUNNING NORTH 38 DEGREES 45 MINUTES WEST 200 FEET ALONG THE WESTERLY LINE OF THE SANFORD-OVIEDO HIGHWAY; THENCE SOUTH 51 DEGREES 15 MINUTES WEST 710.14 FEET; THENCE SOUTH 22 DEGREES 15 MINUTES EAST 208 FEET; THENCE NORTH 51 DEGREES 15 MINUTES EAST 770 FEET TO THE POINT OF BEGINNING; LESS AND EXCEPT THAT PART TAKEN FOR ROAD RIGHT OF WAY BY THE ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 2831, PAGE 1024, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. PARCEL 3: THAT PART OF THE UNPLATTED PART OF BLOCK B OF D. R. MITCHELL'S SURVEY OF THE LEVY GRANT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF THAT PART OF SAID BLOCK B LYING SOUTHWESTERLY OF THE SANFORD-OVIEDO HIGHWAY AND RUNNING NORTH 38 DEGREES 43 MINUTES 16 SECONDS WEST 186.0 FEET ALONG THE WESTERLY LINE OF THE RIGHT OF WAY OF THE SANFORD-OVIEDO HIGHWAY; THENCE SOUTH 51 DEGREES 15 MINUTES WEST 770.0 FEET; THENCE SOUTH 22 DEGREES 15 MINUTES EAST, 13.5 FEET TO THE SOUTHWEST CORNER OF THE UNPLATTED PART OF BLOCK B; THENCE EAST ALONG THE NORTH LINE OF TUSKAWILLA, A DISTANCE OF 497.0 FEET; THENCE NORTH 30 DEGREES EAST 420.0 FEET TO THE POINT OF BEGINNING; ALSO DESCRIBED AS LOT 9, ACCORDING TO JOE E. JOHNSTON'S SURVEY AS RECORDED IN DEED BOOK 147, PAGE 221, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. TOGETHER WITH THE WEST HALF OF THE VACATED STREET ADJACENT ON THE EAST AS SET FORTH IN RESOLUTION RECORDED IN OFFICIAL RECORDS BOOK 2972, PAGE 373, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; LESS AND EXCEPT ROAD RIGHTS OF WAY AS SET FORTH IN ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 2831, PAGE 1024, AND WARRANTY DEED TO SEMINOLE COUNTY, FLORIDA, RECORDED IN OFFICIAL RECORDS BOOK 8377, PAGE 27, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. PARCEL 4: THAT PART OF LOT 8 BLOCK A, D. R. MITCHELL'S SURVEY OF THE LEVY GRANT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, LYING WESTERLY FROM THE WESTERLY FIFTY FEET FROM THE CENTER LINE OF TUSKAWILLA ROAD; TOGETHER WITH THE EAST HALF OF THE VACATED STREET ADJACENT ON THE WEST AS SET FORTH IN RESOLUTION RECORDED IN OFFICIAL RECORDS BOOK 2972, PAGE 373, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; LESS AND EXCEPT ROAD RIGHTS OF WAY AS SET FORTH IN WARRANTY DEED TO COUNTY OF SEMINOLE RECORDED IN OFFICIAL RECORDS BOOK 1571, PAGE 707; ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 2831, PAGE 1024; AND WARRANTY DEED TO SEMINOLE COUNTY, FLORIDA, RECORDED IN OFFICIAL RECORDS BOOK 8377, PAGE 27, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. 02 A002 PATIO AREA, SEE ENLARGED PLAN THESE TREES RELOCATED TO ACCOMMODATE PATIO THESE TREES RELOCATED TO ACCOMMODATE PATIO NORTH 02 SHELL & PATIO PLAN 1/16" = 1'-0" 0 4' 8' 16' 32' 02 A302 01 A301 02 A301 01 A302 PATIO AREA 14 SEATS 9'-10"34'-1" PATIO RAILING, SEE PHOTOS 03/A002 9'-1"ADJ BLDG 03 PATIO RAILING EXAMPLE PHOTOS NTS ARCHITECTURAL SITE PLAN A002 COPYRIGHT STATEMENT These documents, their contents, and the ideas, designs, and concepts presented here-in are the property of ELEVEN18 Architecture and are issued only for the specific project noted on these documents. Holders of these documents that have established a mutually agreed contractual relationship with ELEVEN18 Architecture have been granted a limited license to reproduce these documents in relationship to the specific project referenced. All others are subject to US Copyright Law as defined by Title 17 of the United States Code and other regional laws as may apply. Any revisions, reproductions, modifications, or re-use of these documents without the express written consent of ELEVEN18 Architecture is prohibited by Law. REVISIONS #DATE DESC. Brooke Leigh Chea, AIA FL. REG.#AR0099995 Kimberly Day McCann, AIA FL. REG.#AR0091738 13 JUL 2021 --07.13.21 AESTHETIC REVIEW FL License: AA26001884 Mailing Address: 424 E. Central Blvd. #542 Orlando, FL 32801 www.eleven18architecture.com Physical Address: 1011 E. Colonial Dr. #307 Orlando, FL 32803 407-745-5300 © Copyright 2019 ELEVEN18 ARCHITECTURE, PL All Rights Reserved Worldwide A WOMEN'S BUSINESS ENTERPRISE Mark Adams, AIA FL. REG.#AR0094473 PROJECT NAME: WINTER SPRINGS MARKETPLACE CHIPOTLE S.R. 434 & Tuskawilla Road Winter Springs, FL 32708 ELEVEN18 PROJECT LEAD: Kim McCann 407-745-5300 kmccann@eleven18architecture.com PROJECT TEAM: Maria Lopez 407-745-5300 Ext. 106 mlopez@eleven18architecture.com 410 411 412 F TITLE Winter Springs Marketplace - Aesthetic Plan Approval. SUMMARY The Community Development Department requests that the City Commission hold a Public Hearing to consider the Aesthetic Plan Approval for a Chipotle Mexican Grill, a fast food restaurant with a drive-through window and outdoor patio seating, approximately ±2,325 square foot. General Information Applicant Tuscawilla Property Investors, LLC (Equinox Development | Ryan Stahl) Property Owner(s) Tuscawilla Property Investors, LLC Anna Ondick, as successor trustee of the Robbie R. Ondick Revocable Trust Location 1177 E. SR 434, Winter Springs, FL 32708 - Southwest of the intersection between State Road 434 and Tuskawilla Road Tract Size ±8.278 gross acres Parcel ID Number 36-20-30-502-0000-0070 (Vacant) Zoning Designation Town Center (T5) S.R. 434 Corridor Overlay District FLUM Designation Town Center/Commercial Adjacent Land Use North: East S.R. 434 / ROW East: Tuskawilla Road South: Vacant West: Residential S.R. 434 Frontage Minimum 25-feet (Internal Side Streets 5 ft.) Maximum 100-feet Height Town Center: Two stories minimum S.R. 434: Up to *Five stories (*limited to 2 stories per the Development Agreement) Setbacks Town Center Front: 25 ft. – 50 ft. (from front property line) Rear: 15 ft. Side: 5 ft. min. - 100 ft. max. (from side property line) Lot Width 18 ft. min., 180 ft. max. Development Standards Lot Coverage: 100% PUBLIC HEARINGS AGENDA ITEM CITY COMMISSION MONDAY, AUGUST 9, 2021 | REGULAR MEETING 413 PUBLIC HEARINGS AGENDA ITEM 5 00 | MONDAY, AUGUST 9, 2021 | PAGE 2 OF 6 Development Permits Not applicable Development Agreement Not applicable Code Enforcement Not applicable City Liens Not applicable Background Data: The Community Development Department received an application from Tuscawilla Property Investors, LLC for Aesthetic Review for Chipotle Mexican Grill. The subject property (approximately ±8.278 gross acres in size) is pentagonal in shape, generally bounded to the north by State Road 434, to the east by Tuskawilla Road, to the south by a vacant property and to the west by a residential community. The parcel is anticipated to be developed in two phases, in a cohesive design bringing many retail uses to one single site. The development includes mass grading of the entire site, master stormwater and utilities infrastructure, perimeter landscaping, streetscaping, and a wall located on the eastern property boundary. On February 22, 2021, the City Commission approved Aesthetic Plans (Partial), certain Waivers, Final Engineering Review, Removal of Specimen Trees, and Development Agreement to construct Winter Springs Marketplace. The entire site is master planned and with five (5) buildings all of which will include faux second stories. The total gross area for all proposed buildings is ±58,070 SF. The Commission approved aesthetics for following buildings: • Building A: Heartland Dental | Medical Office | ±4,280 SF | ±21 ft. high • Building D: Crunch Fitness | Retail | ±19,200 SF | ±34.5 ft. high • Building E: Dollar Tree | Retail | ±10,000 SF | ±30 ft. high • Building F: Aldi | Retail | ±19,209 SF | ±29 ft. high The applicant is now presenting the aesthetics for Building B, Chipotle Mexican Grill, a fast food restaurant approximately ±2,325 square feet and is ±28 ft. high. The fast food restaurant includes a drive-through window and outdoor patio seating. The aesthetic review for Building C will be presented to the City Commission at a later date, which is Phase 2 of the project. The anticipated completion for the entire project is scheduled for 2-3 years after approval of the final engineering. Public Notice: Public Hearing Notices were mailed to all owners of real property adjacent to and within approximately five-hundred feet (500) of the subject property and all Homeowners’ Associations on file with the City of Winter Springs (220 notices). 414 PUBLIC HEARINGS AGENDA ITEM 5 00 | MONDAY, AUGUST 9, 2021 | PAGE 3 OF 6 Aesthetic Review: Pursuant to Section 9-603, which sets forth guidelines and minimum standards for Aesthetic Review packages, staff has utilized the below criteria in Section 9-603 to determine the following. The attached Aesthetic Review package (Exhibit 2) includes all of the submittal requirements for aesthetic review as set forth in Section 9-600 through 9-607 and include the following: (a) a site plan; (b) elevations illustration all sides of structures facing public streets or spaces; (c) illustrations of all walls, fences, and other accessory structures and the indication of height and their associated materials; (d) elevation of proposed exterior permanent signs or other constructed elements other than habitable space, if any; (e) illustrations of materials, texture, and colors to be used on all buildings, accessory structures, exterior signs; and (f) other architectural and engineering data as may be required. The procedures for review and approval are set forth in Section 9-603. Aesthetic review for Building C (TBD) will be reviewed at a later date, the Applicant will be working with the tenant(s) regarding building design elements. Aesthetic Review 1. The plans and specifications of the proposed project indicate that the setting, landscaping, proportions, materials, colors, texture, scale, unity, balance, rhythm, contrast, and simplicity are coordinated in a harmonious manner relevant to the particular proposal, surrounding area and cultural character of the community. Analysis: The Winter Springs Marketplace includes architecture that is complementary to the diverse styles of architecture of the Town Center. The neutral complementary color scheme with straight, clean, uniform lines is in harmony with the surrounding area and already-approved aesthetics of the Aldi, Crunch Fitness, Dollar Tree, and Heartland Dental buildings. The Chipotle building consists of finished metal awnings, brick veneer, wood- look exterior wall panels, glass spandrel faux windows, and neutral paint colors. The aesthetic design is similar to the approved aesthetics for the Starbucks and Wendy’s located on the north side of SR 434. Chipotle’s design complements the surrounding area and cultural character of the community. 2. The plans for the proposed project are in harmony with any future development which has been formally approved by the city within the surrounding area. Analysis: The Winter Springs Marketplace has designed multiple buildings which complement each other and contain enhanced architectural and aesthetic elements, and the Chipotle building adds to the visual appeal of the already-approved aesthetics. 3. The plans for the proposed project are not excessively similar or dissimilar to any other building, structure or sign which is either fully constructed, permitted but not fully constructed, or included on the same permit application, and facing upon the same or intersecting street within five hundred (500) feet of the proposed site, with respect to one or more of the following features of exterior design and appearance: a. Front or side elevations; 415 PUBLIC HEARINGS AGENDA ITEM 5 00 | MONDAY, AUGUST 9, 2021 | PAGE 4 OF 6 b. Size and arrangement of elevation facing the street, including reverse arrangement; or c. Other significant features of design such as, but not limited to: materials, roof line, hardscape improvements, and height or design elements. Analysis: The proposed structure is designed to contribute and enhance the architectural styles that are typical of the surrounding area. This project represents a progressive addition to the City of Winter Springs. Significant design features include architectural design elements such as brick veneer, metal canopy, prefinished metal coping, parpets, and hardi-plank boards. The proposed building is constructed with concrete and steel framed structures, the height of the building is 28 ft. tall, which is consistent with the approved Winter Springs Marketplace. The proposed style depicts a similar aesthetic feel and scale of the entire development and similarly to buildings most recently approved within the Town Center, Starbucks and Wendy’s. The building’s design features and materials are also similar to those used at the Savoy, which is currently under construction. 4. The plans for the proposed project are in harmony with, or significantly enhance, the established character of other buildings, structures or signs in the surrounding area with respect to architectural specifications and design features deemed significant based upon commonly accepted architectural principles of the local community. Analysis: The proposed project enhances the character and overall aesthetics of the surrounding area. The City of Winter Springs is comprised of diverse architectural styles and therefore, the all of proposed building taken as a group demonstrate deemed significant based upon commonly accepted architectural principles of the local community. 5. The proposed project is consistent and compatible with the intent and purpose of this article, the Comprehensive Plan for Winter Springs, design criteria adopted by the city (e.g. Town Center guidelines, SR 434 design specifications) and other applicable federal, state or local laws. Analysis: The Chipotle Mexican Grill development is consistent and compatible with the intent and purpose of Section 9-603. - Procedure, the Comprehensive Plan for Winter Springs, design criteria adopted by the city within the Town Center guidelines, and other applicable federal, state or local laws. 6. The proposed project has incorporated significant architectural enhancements such as concrete masonry units with stucco, wrought iron, columns and piers, porches, arches, planting areas, display windows, and other distinctive design detailing and promoting the character of the community. Analysis: The proposed building is designed to contribute to the quality architectural styles that are typical of the surrounding area. This building represents a progressive addition to the City of Winter Springs. An 416 PUBLIC HEARINGS AGENDA ITEM 5 00 | MONDAY, AUGUST 9, 2021 | PAGE 5 OF 6 expression line between the first and second story is implied by the consistent height of awnings and glazing. The Chipotle building includes the same consistent aesthetic style of the development such as, second story windows and upper story louver panels that continues the rhythm established by the upper story windows across the front of the building. Significant design features include architectural design elements such as brick veneers, wood-look exterior wall panels, and warm-neutral paint colors consistent with the approved Aldi, Crunch Fitness, Dollar Tree, and Heartland Dental, as well as, a similar aesthetic style to the Starbucks and Wendy’s on north side of SR 434. Wrought iron patio railings will be installed along the outdoor seating areas, and landscaping is provided on all sides of the building. Procedural History: May 28, 2020 Community Workshop Meeting June 6, 2020 Non-Binding Preliminary Review August 11, 2020 Application Submittal Date February 4, 2021 Planning & Zoning Board/Local Planning Agency | Approval | Recommendation February 22, 2021 City Commission | Approved | Aesthetic Plan Review (Partial), certain Waivers, Final Engineering Review, Removal of Specimen Trees, and Development Agreement August 9, 2021 City Commission | Chipotle Mexican Grill Aesthetic Plan Review Applicable Law, Public Policy, and Events: City of Winter Springs Comprehensive Plan City of Winter Springs code of Ordinances Ch9 Sec. 9-603 - Procedure Article XII. - Minimum Community Appearance and Aesthetic Review Standards Fiscal Impact: The Development will be a ground up project which will be constructed on the approximately 10-acre parcel located at the southwest quadrant of SR 434 & Tuscawilla Road over an approximately two-year period. At final build-out, the total Development will consist of approximately ±58,070 SF of retail uses cohesively designed so as to create a single location whereby residents can make one stop but cover many uses typically found within a shopping center. Revenue to the City of Winter Springs based on the Development will consist of the Ad Valorem Tax and State Shared Revenues (Revenue Sharing and Half-Cent Sales Tax). 417 PUBLIC HEARINGS AGENDA ITEM 5 00 | MONDAY, AUGUST 9, 2021 | PAGE 6 OF 6 Ad Valorem Tax: The assessed value of the proposed development is anticipated to be approximately $20,000,000 based on an estimate of today’s capitalized value. The following provides the 2019 Millage Rate breakdown for properties located within the City of Winter Springs: Ad Valorem Tax County 11.2495 City 2.4300 Fire 2.7649 Road N/A Total 16.4444 Based on the above 2019 Millage rate, the following are estimated tax revenues to the City of Winter Springs from the proposed Development: Estimated Assessed Value Millage Rate Estimated City Revenue $20,000,000 2.4300 $324,254.00 State Shared Revenues (Revenue Sharing And Half-Cent Sales Tax): The City’s State shared revenue is estimated based on retail sales generated by the future development of the shopping center. It is estimated that the proposed uses will generate a yearly sales volume of approximately $11,572,000.00 based on estimated sales of $200.00 per square foot of total buildings. Total Revenue: Based on the above Ad Valorem Tax and State Shared Revenues, the total revenue to the City of Winter Springs will be approximately $48,200.00 per year for the overall Development. Recommendation: Staff recommends that the City Commission approve the Aesthetic Review for Chipotle Mexican Grill. Attachments: • Exhibit 1 – Vicinity Map • Exhibit 2 – Aesthetic Review Application 418 PUBLIC HEARINGS AGENDA ITEM 401 CITY COMMISSION AGENDA | AUGUST 9, 2021 REGULAR MEETING TITLE Second Reading of Ordinance 2021-05 SUMMARY The City of Winter Springs received a letter from The Division of Emergency Management (DEM) to ensure designation to fulfill the City of Winter Springs continued participation in the voluntary National Flood Insurance Program (NFIP). DEM functions under an Agreement with the Federal Emergency Management Agency (FEMA) to administer the programming in Florida and requires the State of Florida to provide technical support to communities, including review, amendment and approval of Floodplain Management (FPM) ordinances. Since flood regulations previously approved by FEMA may no longer meet current requirements, the community was asked to repeal and replace its flood ordinance with one based on the FEMA-approved State model FPM ordinance to be NFIP-compliant and coordinated with the Florida Building Code. Since then, the Community Development Department together with the assistance of FL-DEM flood ordinance technical support contractors, conducted an extensive review of existing flood regulations to identify higher standards the community may have already adopted, as well as additional specific guidelines were identified to propose for adoption. During the process, the City attorney provided legal review and input. DEM then reviewed the draft ordinance to verify correct dates, check community specific modifications, and helped with language for higher standards. Local Floodplain Standards are being modified due to the following reasons: Commitment to FEMA and the NFIP to maintain adequate regulations and procedures, and to offset annual rate increases which are expected to continue for several years. Coordinate the Florida Building Code with local floodplain management regulations to avoid redundant or conflicting requirements. Maintain CRS rating through previously-adopted higher standards, including: 1. 18'' freeboard (higher elevation) 419 2. Limitations on floodway development 3. Compensatory storage small stream setback 4. Small stream setback The proposed Ordinance requires several publicly noticed and advertised public hearings including one (1) hearing before the City's Planning and Zoning Board /Land Planning Agency and two (2) hearings before the City Commission. The City's Planning and Zoning Board/Land Planning Agency reviewed and unanimously recommended approval of the Ordinance at the June 3, 2021 Planning and Zoning Board/Land Planning Agency meeting. The proposed Ordinance was advertised in the Orlando Sentinel on May 31, 2021. The City Commission reviewed and unanimously approved the First Reading of the Ordinance on July 12, 2021 City Commission Meeting. RECOMMENDATION Staff recommends the City Commission conduct a Second Reading and approve Ordinance 2021-05 amending the City of Winter Springs Code of Ordinances to repeal Winter Springs Code of Ordinances Chapter 8 Flood Damage Prevention; to adopt a new Chapter 8 Flood Damage Prevention; to adopt Flood Hazard Maps, to designate a Floodplain Administrator, to adopt procedures and criteria for development in flood hazard areas, and for other purposes; to adopt technical amendments to the Florida Building Code in Winter Springs Code of Ordinances Chapter 6 Buildings and Building Regulations; to amend Chapter 9 Land Development to reflect current national floodplain insurance program requirements, reduce pollutant loads to the maximum extent practicable and encourage the use of low impact development technologies in Stormwater Management Systems; providing for applicability; severability; and an effective date. 420 City of Winter Springs Ordinance 2021-05 Page 1 of 29 ORDINANCE NO. 2021-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE CITY OF WINTER SPRINGS CODE OF ORDINANCES TO REPEAL WINTER SPRINGS CODE OF ORDINANCES CHAPTER 8 FLOOD DAMAGE PREVENTION; TO ADOPT A NEW CHAPTER 8 FLOOD DAMAGE PREVENTION; TO ADOPT FLOOD HAZARD MAPS, TO DESIGNATE A FLOODPLAIN ADMINISTRATOR, TO ADOPT PROCEDURES AND CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD AREAS, AND FOR OTHER PURPOSES; TO ADOPT TECHNICAL AMENDMENTS TO THE FLORIDA BUILDING CODE IN WINTER SPRINGS CODE OF ORDINANCES CHAPTER 6 BUILDINGS AND BUILDING REGULATIONS; TO AMEND CHAPTER 9 LAND DEVELOPMENT TO REFLECT CURRENT NATIONAL FLOODPLAIN INSURANCE PROGRAM REQUIREMENTS, REDUCE POLLUTANT LOADS TO THE MAXIMUM EXTENT PRACTICABLE AND ENCOURAGE THE USE OF LOW IMPACT DEVELOPMENT TECHNOLOGIES IN STORMWATER MANAGEMENT SYSTEMS; PROVIDING FOR APPLICABILITY; SEVERABILITY; AND AN EFFECTIVE DATE. ______________________________________________________________________ WHEREAS, the Legislature of the State of Florida has, in Chapter 166, Florida Statutes, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, the Federal Emergency Management Agency has identified special flood hazard areas within the boundaries of the City of Winter Springs and such areas may be subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare, and WHEREAS, the City of Winter Springs was accepted for participation in the National Flood Insurance Program on September 16, 1981 and the City Commission desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for such participation; and WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida Legislature to provide a mechanism for the uniform adoption, updating, amendment, interpretation and enforcement of a state building code, called the Florida Building Code; and WHEREAS, Chapter 553, Florida Statutes, allows for local technical amendments to the Florida Building Code that provide for more stringent requirements than those specified in the Code and allows adoption of local administrative and local technical amendments to the Florida Building Code to implement the National Flood Insurance Program and incentives; and WHEREAS, the City Commission previously adopted a requirement to increase the minimum elevation requirement for buildings and structures in flood hazard areas prior to July 1, 2010 and, pursuant to section 553.73(5), F.S., is formatting that requirement to coordinate with 421 City of Winter Springs Ordinance 2021-05 Page 2 of 29 the Florida Building Code; and WHEREAS, the City Commission has determined that it is in the public interest to adopt the proposed local technical amendments to the Florida Building Code and the proposed amendments are not more stringent than necessary to address the need identified, do not discriminate against materials, products or construction techniques of demonstrated capabilities, are in compliance with section 553.73(4), Florida Statutes; and WHEREAS, the City Commission has determined that it is in the public interest to adopt the proposed floodplain management regulations that are coordinated with the Florida Building Code. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Winter Springs that the following floodplain management regulations are hereby adopted. SECTION 1. RECITALS. The foregoing recitals are hereby fully incorporated herein by this reference and made a part hereof as legislative findings and the intent and purpose of the City Commission of the City of Winter Springs. SECTION 2. CHAPTER 8 REPEALED AND REPLACED. This ordinance specifically repeals former Chapter 8, Flood Damage Prevention, of the City Code and replaces such Chapter as set forth herein: CHAPTER 8 – FLOOD DAMAGE PREVENTION ARTICLE I. - IN GENERAL Sec. 8-1. - Definitions Unless otherwise expressly stated, the following words and terms shall, for the purposes of this ordinance, have the meanings shown in this section. Where terms are not defined in this ordinance and are defined in the Florida Building Code, such terms shall have the meanings ascribed to them in that code. Where terms are not defined in this ordinance or the Florida Building Code, such terms shall have ordinarily accepted meanings such as the context implies. Accessory structure. A structure on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For floodplain management purposes, the term includes only accessory structures used for parking and storage. Alteration of a watercourse. A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood. Appeal. A request for a review of the Floodplain Administrator’s interpretation of any provision of this ordinance. 422 City of Winter Springs Ordinance 2021-05 Page 3 of 29 ASCE 24. A standard titled Flood Resistant Design and Construction that is referenced by the Florida Building Code. ASCE 24 is developed and published by the American Society of Civil Engineers, Reston, VA. Base flood. A flood having a 1-percent chance of being equaled or exceeded in any given year. [Also defined in FBC, B, Section 202.] The base flood is commonly referred to as the "100-year flood" or the “1-percent-annual chance flood.” Base flood elevation. The elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in FBC, B, Section 202.] Basement. The portion of a building having its floor subgrade (below ground level) on all sides. [Also defined in FBC, B, Section 202; see “Basement (for flood loads)”.] Design flood. The flood associated with the greater of the following two areas: [Also defined in FBC, B, Section 202.] (1) Area with a floodplain subject to a 1-percent or greater chance of flooding in any year; or (2) Area designated as a flood hazard area on the community’s flood hazard map, or otherwise legally designated. Design flood elevation. The elevation of the “design flood,” including wave height, relative to the datum specified on the community’s legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building’s perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to 2 feet. [Also defined in FBC, B, Section 202.] Development. Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling operations or any other land disturbing activities. Encroachment. The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas. Existing building and existing structure. Any buildings and structures for which the “start of construction” commenced before August 11, 1981. [Also defined in FBC, B, Section 202.] Existing manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before August 11, 1981. 423 City of Winter Springs Ordinance 2021-05 Page 4 of 29 Federal Emergency Management Agency (FEMA). The federal agency that, in addition to carrying out other functions, administers the National Flood Insurance Program. Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land from: [Also defined in FBC, B, Section 202.] (1) The overflow of inland or tidal waters. (2) The unusual and rapid accumulation or runoff of surface waters from any source. Flood damage-resistant materials. Any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. [Also defined in FBC, B, Section 202.] Flood hazard area. The greater of the following two areas: [Also defined in FBC, B, Section 202.] (1) The area within a floodplain subject to a 1-percent or greater chance of flooding in any year. (2) The area designated as a flood hazard area on the community’s flood hazard map, or otherwise legally designated. Flood Insurance Rate Map (FIRM). The official map of the community on which the Federal Emergency Management Agency has delineated both special flood hazard areas and the risk premium zones applicable to the community. [Also defined in FBC, B, Section 202.] Flood Insurance Study (FIS). The official report provided by the Federal Emergency Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and Floodway Map (if applicable), the water surface elevations of the base flood, and supporting technical data. [Also defined in FBC, B, Section 202.] Floodplain Administrator. The office or position designated and charged with the administration and enforcement of this ordinance (may be referred to as the Floodplain Manager). Floodplain development permit or approval. An official document or certificate issued by the community, or other evidence of approval or concurrence, which authorizes performance of specific development activities that are located in flood hazard areas and that are determined to be compliant with this ordinance. Floodway. The channel of a river or other riverine watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. [Also defined in FBC, B, Section 202.] Floodway encroachment analysis. An engineering analysis of the impact that a proposed encroachment into a floodway is expected to have on the floodway boundaries and base flood elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using standard engineering methods and models. 424 City of Winter Springs Ordinance 2021-05 Page 5 of 29 Florida Building Code. The family of codes adopted by the Florida Building Commission, including: Florida Building Code, Building; Florida Building Code, Residential; Florida Building Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumbing; Florida Building Code, Fuel Gas. Functionally dependent use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities; the term does not include long-term storage or related manufacturing facilities. Highest adjacent grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure. Historic structure. Any structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings. Letter of Map Change (LOMC). An official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include: (1) Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area. (2) Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features. (3) Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community’s floodplain management regulations. (4) Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM. Light-duty truck. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less, which is: (1) Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or (2) Designed primarily for transportation of persons and has a capacity of more than 12 425 City of Winter Springs Ordinance 2021-05 Page 6 of 29 persons; or (3) Available with special features enabling off-street or off-highway operation and use. Lowest floor. The lowest floor of the lowest enclosed area of a building or structure, including basement, but excluding any unfinished or flood-resistant enclosure, other than a basement, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non-elevation requirements of the Florida Building Code or ASCE 24. [Also defined in FBC, B, Section 202.] Manufactured home. A structure, transportable in one or more sections, which is eight (8) feet or more in width and greater than four hundred (400) square feet, and which is built on a permanent, integral chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle" or “park trailer.” [Also defined in 15C-1.0101, F.A.C.] Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Market value. As used in this ordinance, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value is the Actual Cash Value (like-kind replacement cost depreciated for age, wear and tear, neglect, and quality of construction) determined by a qualified independent appraiser, or tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser. New construction. For the purposes of administration of this ordinance and the flood resistant construction requirements of the Florida Building Code, structures for which the “start of construction” commenced on or after August 11, 1981 and includes any subsequent improvements to such structures. Park trailer. A transportable unit which has a body width not exceeding fourteen (14) feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. [Defined in section 320.01, F.S.] Recreational vehicle. A vehicle, including a park trailer, which is: [see in section 320.01, F.S.) (1) Built on a single chassis; (2) Four hundred (400) square feet or less when measured at the largest horizontal projection; (3) Designed to be self-propelled or permanently towable by a light-duty truck; and (4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Special flood hazard area. An area in the floodplain subject to a 1 percent or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V. [Also defined in FBC, B Section 202.] 426 City of Winter Springs Ordinance 2021-05 Page 7 of 29 Start of construction. The date of issuance of permits for new construction and substantial improvements, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is within 180 days of the date of the issuance. The actual start of construction means either the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slab or footings, the installation of piles, or the construction of columns. Permanent construction does not include land preparation (such as clearing, grading, or filling), the installation of streets or walkways, excavation for a basement, footings, piers, or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main buildings. For a substantial improvement, the actual “start of construction” means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Also defined in FBC, B Section 202.] Substantial damage. Damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before-damaged condition would equal or exceed 50 percent of the market value of the building or structure before the damage occurred. [Also defined in FBC, B Section 202.] Substantial improvement. Any repair, reconstruction, rehabilitation, alteration, addition, or other improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. If the structure has incurred "substantial damage," any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions. Variance. A grant of relief from the requirements of this ordinance, or the flood resistant construction requirements of the Florida Building Code, which permits construction in a manner that would not otherwise be permitted by this ordinance or the Florida Building Code. Watercourse. A river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least periodically. Secs. 8-2 – 8-10. – Reserved. ARTICLE II ADMINISTRATION DIVISION 1 GENERAL Sec. 8-11. - Title. These regulations shall be known as the Floodplain Management Ordinance of the City of Winter Springs, hereinafter referred to as “this ordinance.” Sec. 8-12. -Scope. The provisions of this ordinance shall apply to all development that is wholly within or partially within any flood hazard area, including but not limited to the subdivision of land; filling, grading, and other site improvements and utility installations; construction, alteration, 427 City of Winter Springs Ordinance 2021-05 Page 8 of 29 remodeling, enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures, and facilities that are exempt from the Florida Building Code; placement, installation, or replacement of manufactured homes and manufactured buildings; installation or replacement of tanks; placement of recreational vehicles; installation of swimming pools; and any other development. Sec. 8-13. -Intent. The purposes of this ordinance and the flood load and flood resistant construction requirements of the Florida Building Code are to establish minimum requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas to: (1) Minimize unnecessary disruption of commerce, access and public service during times of flooding; (2) Require the use of appropriate construction practices in order to prevent or minimize future flood damage; (3) Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential; (4) Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain; (5) Minimize damage to public and private facilities and utilities; (6) Help maintain a stable tax base by providing for the sound use and development of flood hazard areas; (7) Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; and (8) Meet the requirements of the National Flood Insurance Program for community participation as set forth in Title 44 Code of Federal Regulations, Section 59.22. Sec. 8-14. -Coordination with the Florida Building Code. This ordinance is intended to be administered and enforced in conjunction with the Florida Building Code. Where cited, ASCE 24 refers to the edition of the standard that is referenced by the Florida Building Code. Sec. 8-15. -Warning. The degree of flood protection required by this ordinance and the Florida Building Code, as amended by this community, is considered the minimum reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside of mapped special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management Agency, requiring this community to revise these regulations to remain eligible for participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with this ordinance. 428 City of Winter Springs Ordinance 2021-05 Page 9 of 29 Sec. 8-16. - Disclaimer of Liability. This ordinance shall not create liability on the part of the City Commission of the City of Winter Springs or by any officer or employee thereof for any flood damage that results from reliance on this ordinance or any administrative decision lawfully made thereunder. DIVISION 2 APPLICABILITY Sec. 8-17. -General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Sec. 8-18. -Areas to which this ordinance applies. This ordinance shall apply to all flood hazard areas within the City of Winter Springs, as established in Section 8-19 of this ordinance. Sec. 8-19. -Basis for establishing flood hazard areas. The Flood Insurance Study for Seminole County, Florida and Incorporated Areas dated September 28, 2007, and all subsequent amendments and revisions, and the accompanying Flood Insurance Rate Maps (FIRM), and all subsequent amendments and revisions to such maps, are adopted by reference as a part of this ordinance and shall serve as the minimum basis for establishing flood hazard areas. Studies and maps that establish flood hazard areas are on file at the Winter Springs Community Development Department, 1126 East State Road 434. Sec. 8-20. - Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base flood elevations, pursuant to Article II, Division 5 of this ordinance the Floodplain Administrator may require submission of additional data. Where field surveyed topography prepared by a Florida licensed professional surveyor or digital topography accepted by the community indicates that ground elevations: (1) Are below the closest applicable base flood elevation, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as flood hazard area and subject to the requirements of this ordinance and, as applicable, the requirements of the Florida Building Code. (2) Are above the closest applicable base flood elevation, the area shall be regulated as special flood hazard area unless the applicant obtains a Letter of Map Change that removes the area from the special flood hazard area. Sec. 8-21. -Other laws. The provisions of this ordinance shall not be deemed to nullify any provisions of local, state or federal law. Sec. 8-22. -Abrogation and greater restrictions. This ordinance supersedes any ordinance in effect for management of development in flood hazard areas. However, it is not intended to repeal or abrogate any existing ordinances including but not limited to the City’s adopted Comprehensive Plan, land development regulations, zoning ordinances, stormwater management regulations, or the Florida Building Code. In the event of a conflict between this ordinance and any other ordinance, the more restrictive shall govern. This ordinance shall not impair any deed restriction, covenant or easement, but any land that is subject to such interests shall also be governed by this ordinance. Sec. 8-23. -Interpretation. In the interpretation and application of this ordinance, all provisions shall be: 429 City of Winter Springs Ordinance 2021-05 Page 10 of 29 (1) Considered as minimum requirements; (2) Liberally construed in favor of the governing body; and (3) Deemed neither to limit nor repeal any other powers granted under state statutes. DIVISION 3 DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR Sec. 8-24. -Designation. The City Manager is designated as the Floodplain Administrator. The Floodplain Administrator may delegate performance of certain duties to other employees. Sec. 8-25. -General. The Floodplain Administrator is authorized and directed to administer and enforce the provisions of this ordinance. The Floodplain Administrator shall have the authority to render interpretations of this ordinance consistent with the intent and purpose of this ordinance and may establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies, and procedures shall not have the effect of waiving requirements specifically provided in this ordinance without the granting of a variance pursuant to Article II, Division 7 of this ordinance. Sec. 8-26. -Applications and permits. The Floodplain Administrator, in coordination with other pertinent offices of the community, shall: (1) Review applications and plans to determine whether proposed new development will be located in flood hazard areas; (2) Review applications for modification of any existing development in flood hazard areas for compliance with the requirements of this ordinance; (3) Interpret flood hazard area boundaries where such interpretation is necessary to determine the exact location of boundaries; a person contesting the determination shall have the opportunity to appeal the interpretation; (4) Provide available flood elevation and flood hazard information; (5) Determine whether additional flood hazard data shall be obtained from other sources or shall be developed by an applicant; (6) Review applications to determine whether proposed development will be reasonably safe from flooding; (7) Issue floodplain development permits or approvals for development other than buildings and structures that are subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code, when compliance with this ordinance is demonstrated, or disapprove the same in the event of noncompliance; and (8) Coordinate with and provide comments to the Building Official to assure that applications, plan reviews, and inspections for buildings and structures in flood hazard areas comply with the applicable provisions of this ordinance. Sec. 8-27. -Substantial improvement and substantial damage determinations. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, 430 City of Winter Springs Ordinance 2021-05 Page 11 of 29 renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall: (1) Require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser or present evidence of the market value by another acceptable method as defined in this Chapter, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made; (2) Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure; (3) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; and (4) Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the Florida Building Code and this ordinance is required. The Floodplain Administrator may utilize the Substantial Improvement/Substantial Damage Desk Reference, May 2010 edition or as thereafter amended, published by the Federal Emergency Management Agency, to assist in substantial improvement and substantial damage determinations. Sec. 8-28. - Modifications of the strict application of the requirements of the Florida Building Code. The Floodplain Administrator shall review requests submitted to the Building Official that seek approval to modify the strict application of the flood load and flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to Article II, Division 7 of this ordinance. Sec. 8-29. - Notices and orders. The Floodplain Administrator shall coordinate with appropriate local agencies for the issuance of all necessary notices or orders to ensure compliance with this ordinance. Sec. 8-30. - Inspections. The Floodplain Administrator shall make the required inspections as specified in Article II, Division 6 of this ordinance for development that is not subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. The Floodplain Administrator shall inspect flood hazard areas to determine if development is undertaken without issuance of a permit. Sec. 8-31. - Other duties of the Floodplain Administrator. The Floodplain Administrator shall have other duties, including but not limited to: (1) Establish, in coordination with the Building Official, procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section 8-27 of this ordinance; (2) Require that applicants proposing alteration of a watercourse notify adjacent communities and the Florida Division of Emergency Management, State Floodplain 431 City of Winter Springs Ordinance 2021-05 Page 12 of 29 Management Office, and submit copies of such notifications to the Federal Emergency Management Agency (FEMA); (3) Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps if the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within 6 months of such data becoming available; (4) Review required design certifications and documentation of elevations specified by this ordinance and the Florida Building Code to determine that such certifications and documentations are complete; and (5) Notify the Federal Emergency Management Agency when the corporate boundaries of the City are modified. Sec. 8-32. - Floodplain management records. Regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of this ordinance and the flood resistant construction requirements of the Florida Building Code, including Flood Insurance Rate Maps; Letters of Map Change; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required design certifications and documentation of elevations specified by the Florida Building Code and this ordinance; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurances that the flood carrying capacity of altered watercourses will be maintained; documentation related to appeals and variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to this ordinance and the flood resistant construction requirements of the Florida Building Code. These records shall be available for public inspection at the Winter Springs Community Development Department, 1126 East State Road 434. DIVISION 4 PERMITS Sec. 8-33. - Permits required. Any owner or owner’s authorized agent (hereinafter “applicant”) who intends to undertake any development activity within the scope of this ordinance, including buildings, structures and facilities exempt from the Florida Building Code, which is wholly within or partially within any flood hazard area shall first make application to the Floodplain Administrator, and the Building Official if applicable, and shall obtain the required permit(s) and approval(s). No such permit or approval shall be issued until compliance with the requirements of this ordinance and all other applicable codes and regulations has been satisfied. Sec. 8-34. - Floodplain development permits or approvals. Floodplain development permits or approvals shall be issued pursuant to this ordinance for any development activities not subject to the requirements of the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine that a floodplain development permit or approval is required in addition to a building permit. 432 City of Winter Springs Ordinance 2021-05 Page 13 of 29 Sec. 8-35. - Buildings, structures and facilities exempt from the Florida Building Code. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Sections 59 and 60), floodplain development permits or approvals shall be required for the following buildings, structures and facilities that are exempt from the Florida Building Code and any further exemptions provided by law, which are subject to the requirements of this ordinance: (1) Railroads and ancillary facilities associated with the railroad. (2) Nonresidential farm buildings on farms, as provided in section 604.50, F.S. (3) Temporary buildings or sheds used exclusively for construction purposes. (4) Mobile or modular structures used as temporary offices. (5) Those structures or facilities of electric utilities, as defined in section 366.02, F.S., which are directly involved in the generation, transmission, or distribution of electricity. (6) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term “chickee” means an open-sided wooden hut that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non-wood features. (7) Family mausoleums not exceeding 250 square feet in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete. (8) Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system. (9) Structures identified in section 553.73(10)(k), F.S., are not exempt from the Florida Building Code if such structures are located in flood hazard areas established on Flood Insurance Rate Maps Sec. 8-36. - Application for a permit or approval. To obtain a floodplain development permit or approval the applicant shall first file an application in writing on a form furnished by the community. The information provided shall: (1) Identify and describe the development to be covered by the permit or approval. (2) Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitively locate the site. (3) Indicate the use and occupancy for which the proposed development is intended. (4) Be accompanied by a site plan or construction documents as specified in Article II, Division 5 of this ordinance. (5) State the valuation of the proposed work. (6) Be signed by the applicant or the applicant's authorized agent. (7) Give such other data and information as required by the Floodplain Administrator. Sec. 8-37. - Validity of permit or approval. The issuance of a floodplain development permit 433 City of Winter Springs Ordinance 2021-05 Page 14 of 29 or approval pursuant to this ordinance shall not be construed to be a permit for, or approval of, any violation of this ordinance, the Florida Building Codes, or any other ordinance of this community. The issuance of permits based on submitted applications, construction documents, and information shall not prevent the Floodplain Administrator from requiring the correction of errors and omissions. Sec. 8-38. - Expiration. A floodplain development permit or approval shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions for periods of not more than 180 days each shall be requested in writing and justifiable cause shall be demonstrated. Sec. 8-39. - Suspension or revocation. The Floodplain Administrator is authorized to suspend or revoke a floodplain development permit or approval if the permit was issued in error, on the basis of incorrect, inaccurate or incomplete information, or in violation of this ordinance or any other ordinance, regulation or requirement of this community. Sec. 8-40. - Other permits required. Floodplain development permits and building permits shall include a condition that all other applicable local, state or federal permits be obtained before commencement of the permitted development, including but not limited to the following: (1) The St. Johns River Water Management District; section 373.036, F.S. (2) Florida Department of Health for onsite sewage treatment and disposal systems; section 381.0065, F.S. and Chapter 64E-6, F.A.C. (3) Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit; section 161.055, F.S. (4) Florida Department of Environmental Protection for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of the Clean Water Act. (5) Federal permits and approvals. DIVISION 5 SITE PLANS AND CONSTRUCTION DOCUMENTS Sec. 8-41. - Information for development in flood hazard areas. The site plan or construction documents for any development subject to the requirements of this ordinance shall be drawn to scale and shall include, as applicable to the proposed development: (1) Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations if necessary for review of the proposed development. (2) Where base flood elevations or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with Section 8-42(2) or (3) of this ordinance. (3) Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than 5 acres and the base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in 434 City of Winter Springs Ordinance 2021-05 Page 15 of 29 accordance with Section 8-42(1) of this ordinance. (4) Location of the proposed activity and proposed structures, and locations of existing buildings and structures. (5) Location, extent, amount, and proposed final grades of any filling, grading, or excavation. (6) Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose. (7) Existing and proposed alignment of any proposed alteration of a watercourse. (8) Elevation of the proposed lowest floor (including basement) of all structures. The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by this ordinance but that are not required to be prepared by a registered design professional if it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with this ordinance. Sec. 8-42. - Information in flood hazard areas without base flood elevations (approximate Zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the Floodplain Administrator shall: (1) Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices. (2) Obtain, review, and provide to applicants base flood elevation and floodway data available from a federal or state agency or other source or require the applicant to obtain and use base flood elevation and floodway data available from a federal or state agency or other source. (3) Where base flood elevation and floodway data are not available from another source, where the available data are deemed by the Floodplain Administrator to not reasonably reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate: (a) Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices; or (b) Specify that the base flood elevation is two (2) feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than two (2) feet. (4) Where the base flood elevation data are to be used to support a Letter of Map Change from FEMA, advise the applicant that the analyses shall be prepared by a Florida licensed engineer in a format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees. Sec. 8-43. - Additional analyses and certifications. As applicable to the location and nature 435 City of Winter Springs Ordinance 2021-05 Page 16 of 29 of the proposed development activity, and in addition to the requirements of this section, the applicant shall have the following analyses signed and sealed by a Florida licensed engineer for submission with the site plan and construction documents: (1) For development activities proposed to be located in a regulatory floodway and for which a variance is sought, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations. (2) For development activities proposed to be located in a riverine flood hazard area for which base flood elevations are included in the Flood Insurance Study or on the FIRM and floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one (1) foot at any point within the community. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH. (3) For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained in a manner which preserves the channel's flood-carrying capacity; the applicant shall submit the analysis to FEMA as specified in Section 8-44 of this ordinance. Sec. 8-44. - Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a Florida licensed engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant. DIVISION 6 INSPECTIONS Sec. 8-45. - General. Development for which a floodplain development permit or approval is required shall be subject to inspection. Sec. 8-46. - Development other than buildings and structures. The Floodplain Administrator shall inspect all development to determine compliance with the requirements of this ordinance and the conditions of issued floodplain development permits or approvals. Sec. 8-47. - Buildings, structures and facilities exempt from the Florida Building Code. The Floodplain Administrator shall inspect buildings, structures and facilities exempt from the Florida Building Code to determine compliance with the requirements of this ordinance and the conditions of issued floodplain development permits or approvals. Sec. 8-48. - Buildings, structures and facilities exempt from the Florida Building Code, lowest floor inspection. Upon placement of the lowest floor, including basement, and prior to further vertical construction, the owner of a building, structure or facility exempt from the Florida 436 City of Winter Springs Ordinance 2021-05 Page 17 of 29 Building Code, or the owner’s authorized agent, shall submit to the Floodplain Administrator: (1) If a design flood elevation was used to determine the required elevation of the lowest floor, the certification of elevation of the lowest floor prepared and sealed by a Florida licensed professional surveyor; or (2) If the elevation used to determine the required elevation of the lowest floor was determined in accordance with Section 8-42(3)(b) of this ordinance, the documentation of height of the lowest floor above highest adjacent grade, prepared by the owner or the owner’s authorized agent. Sec. 8-49. - Buildings, structures and facilities exempt from the Florida Building Code, final inspection. As part of the final inspection, the owner or owner’s authorized agent shall submit to the Floodplain Administrator a final certification of elevation of the lowest floor or final documentation of the height of the lowest floor above the highest adjacent grade; such certifications and documentations shall be prepared as specified in Section 8-48 of this ordinance. Sec. 8-50. - Manufactured homes. The Floodplain Administrator shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of this ordinance and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted to the Floodplain Administrator. DIVISION 7 VARIANCES AND APPEALS Sec. 8-51. - General. The City Commission shall hear and decide on requests for appeals and requests for variances from the strict application of this ordinance. Pursuant to section 553.73(5), F.S., the City Commission shall hear and decide on requests for appeals and requests for variances from the strict application of the flood resistant construction requirements of the Florida Building Code. Sec. 8-52. - Appeals. The City Commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the administration and enforcement of this ordinance. Any person aggrieved by the decision may appeal such decision to the Circuit Court, as provided by Florida Statutes. Sec. 8-53. - Limitations on authority to grant variances. The City Commission shall base its decisions on variances on technical justifications submitted by applicants, the considerations for issuance in Section 8-57 of this ordinance, the conditions of issuance set forth in Section 8-58 of this ordinance, and the comments and recommendations of the Floodplain Administrator and the Building Official. The City Commission has the right to attach such conditions as it deems necessary to further the purposes and objectives of this ordinance. Sec. 8-54. - Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway if any increase in base flood elevations would result, as evidenced by the applicable analyses and certifications required in Section 8-43 of this ordinance. Sec. 8-55. - Historic buildings. A variance is authorized to be issued for the repair, 437 City of Winter Springs Ordinance 2021-05 Page 18 of 29 improvement, or rehabilitation of a historic building that is determined eligible for the exception to the flood resistant construction requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings, upon a determination that the proposed repair, improvement, or rehabilitation will not preclude the building’s continued designation as a historic building and the variance is the minimum necessary to preserve the historic character and design of the building. If the proposed work precludes the building’s continued designation as a historic building, a variance shall not be granted and the building and any repair, improvement, and rehabilitation shall be subject to the requirements of the Florida Building Code. Sec. 8-56. - Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use, as defined in this ordinance, provided the variance meets the requirements of Section 8-54, is the minimum necessary considering the flood hazard, and all due consideration has been given to use of methods and materials that minimize flood damage during occurrence of the base flood. Sec. 8-57. - Considerations for issuance of variances. In reviewing requests for variances, the City Commission shall consider all technical evaluations, all relevant factors, all other applicable provisions of the Florida Building Code, this ordinance, and the following: (1) The danger that materials and debris may be swept onto other lands resulting in further injury or damage; (2) The danger to life and property due to flooding or erosion damage; (3) The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners; (4) The importance of the services provided by the proposed development to the community; (5) The availability of alternate locations for the proposed development that are subject to lower risk of flooding or erosion; (6) The compatibility of the proposed development with existing and anticipated development; (7) The relationship of the proposed development to the comprehensive plan and floodplain management program for the area; (8) The safety of access to the property in times of flooding for ordinary and emergency vehicles; (9) The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and (10) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges. Sec. 8-58. - Conditions for issuance of variances. Variances shall be issued only upon: (1) Submission by the applicant, of a showing of good and sufficient cause that the unique characteristics of the size, configuration, or topography of the site limit compliance with 438 City of Winter Springs Ordinance 2021-05 Page 19 of 29 any provision of this ordinance or the required elevation standards; (2) Determination by the City Commission that: (a) Failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable; increased costs to satisfy the requirements or inconvenience do not constitute hardship; (b) The granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws and ordinances; and (c) The variance is the minimum necessary, considering the flood hazard, to afford relief; (3) Receipt of a signed statement by the applicant that the variance, if granted, shall be recorded in the Office of the Clerk of the Court in such a manner that it appears in the chain of title of the affected parcel of land; and (4) If the request is for a variance to allow construction of the lowest floor of a new building, or substantial improvement of a building, below the required elevation, a copy in the record of a written notice from the Floodplain Administrator to the applicant for the variance, specifying the difference between the base flood elevation and the proposed elevation of the lowest floor, stating that the cost of federal flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation (up to amounts as high as $25 for $100 of insurance coverage), and stating that construction below the base flood elevation increases risks to life and property. DIVISION 8 VIOLATIONS Sec. 8-59. - Violations. Any development that is not within the scope of the Florida Building Code but that is regulated by this ordinance that is performed without an issued permit, that is in conflict with an issued permit, or that does not fully comply with this ordinance, shall be deemed a violation of this ordinance. A building or structure without the documentation of elevation of the lowest floor, other required design certifications, or other evidence of compliance required by this ordinance or the Florida Building Code is presumed to be a violation until such time as that documentation is provided. Sec. 8-60. - Authority. For development that is not within the scope of the Florida Building Code but that is regulated by this ordinance and that is determined to be a violation, the Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners of the property involved, to the owner’s agent, or to the person or persons performing the work. Sec. 8-61 - Unlawful continuance. Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by law. Sec. 8-62 – Enforcement and penalties. The city may enforce the provisions of this Chapter by any lawful means including, but not limited to, issuing a civil citation, bringing charges before 439 City of Winter Springs Ordinance 2021-05 Page 20 of 29 the city's code enforcement board or special magistrate, and seeking injunctive and equitable relief. Where a violation of this Chapter does not constitute a hazardous condition requiring immediate and direct governmental action to abate a serious and continuing danger to the public, notice shall be provided to the property owner in accordance with Chapter 162, Florida Statutes and Chapter 2, Article III, Division 2, of the City Code, describing a violation of this Chapter. Secs. 8-63—8-80. - Reserved. ARTICLE III FLOOD RESISTANT DEVELOPMENT DIVISION 1 BUILDINGS AND STRUCTURES Sec. 8-81 - Design and construction of buildings, structures and facilities exempt from the Florida Building Code. Pursuant to Section 8-35 of this ordinance, buildings, structures, and facilities that are exempt from the Florida Building Code, including substantial improvement or repair of substantial damage of such buildings, structures and facilities, shall be designed and constructed in accordance with the flood load and flood resistant construction requirements of ASCE 24. Structures exempt from the Florida Building Code that are not walled and roofed buildings shall comply with the requirements of Article III, Division 7of this ordinance. DIVISION 2 SUBDIVISIONS Sec. 8-82 - Minimum requirements. Subdivision proposals, including proposals for manufactured home parks and subdivisions, shall be reviewed to determine that: (1) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; (2) All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and (3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. Sec. 8-83 - Subdivision plats. Where any portion of proposed subdivisions, including manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required: (1) Delineation of flood hazard areas, floodway boundaries and flood zones, and design flood elevations, as appropriate, and including the elevation of proposed structure(s) and pad(s) shall be shown on preliminary plats; (2) Where the subdivision is filled to an elevation above the base flood elevation, the lowest floor and pad elevations shall be certified by a registered professional engineer or surveyor and provided to the floodplain administrator; 440 City of Winter Springs Ordinance 2021-05 Page 21 of 29 (3) Where the subdivision has more than 50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with Section 8-42(1) of this ordinance; and (4) Compliance with the site improvement and utilities requirements of Article III, Division 3 of this ordinance. DIVISION 3 SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS Sec. 8-84 - Minimum requirements. All proposed new development shall be reviewed to determine that: (1) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; (2) All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and (3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. Sec. 8-85 - Sanitary sewage facilities. All new and replacement sanitary sewage facilities, private sewage treatment plants (including all pumping stations and collector systems), and on- site waste disposal systems to the extent allowed by the Comprehensive Plan shall be designed in accordance with the standards for onsite sewage treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood waters, and impairment of the facilities and systems. Sec. 8-86 - Water supply facilities. All new and replacement water supply facilities shall be designed in accordance with the water well construction standards in Chapter 62-532.500, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems. Sec. 8-87 - Prohibition on development in regulatory floodways. No development, including but not limited to site improvements, land disturbing activity involving fill or regrading, or substantial improvements shall be authorized in the regulatory floodway, except the replacement installation of manufactured homes in existing manufactured home parks or existing manufactured home subdivisions as provided in Section 8-90. This prohibition shall not preclude the city or other governmental agency from performing maintenance or flood control improvements in the floodway to maintain the viability of the floodway. Sec. 8-88 - Limitations on placement of fill. Subject to the limitations of this ordinance, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, if intended to support buildings and structures, fill shall comply with the requirements of the Florida Building Code. DIVISION 4 MANUFACTURED HOMES 441 City of Winter Springs Ordinance 2021-05 Page 22 of 29 Sec. 8-89 - General. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to section 320.8249, F.S., and shall comply with the requirements of Chapter 15C-1, F.A.C. and the requirements of this ordinance. Sec. 8-90 - Limitations on installation in floodways. New installations of manufactured homes shall not be permitted in floodways. Replacement installation of manufactured homes in floodways shall be permitted in an existing manufactured home park or an existing manufactured home subdivision provided that all other requirements of this Division are satisfied. Sec. 8-91 - Foundations. All new manufactured homes and replacement manufactured homes installed in flood hazard areas shall be installed on permanent, reinforced foundations that are designed in accordance with the foundation requirements of the Florida Building Code Residential Section R322.2 and this ordinance. Sec. 8-92 - Anchoring. All new manufactured homes and replacement manufactured homes shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Methods of anchoring include, but are not limited to, use of over-the-top or frame ties to ground anchors. This anchoring requirement is in addition to applicable state and local anchoring requirements for wind resistance. Sec. 8-93 - Elevation. All manufactured homes that are placed, replaced, or substantially improved in flood hazard areas shall be elevated such that the bottom of the frame is at or above the elevation required in the Florida Building Code, Residential Section R322.2 (Zone A). Sec. 8-94 - Enclosures. Enclosed areas below elevated manufactured homes shall comply with the requirements of the Florida Building Code, Residential Section R322.2 for such enclosed areas. Sec. 8-95 - Utility equipment. Utility equipment that serves manufactured homes, including electric, heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall comply with the requirements of the Florida Building Code, Residential Section R322. Secs. 8-96 – 8-97. – Reserved. DIVISION 5 RECREATIONAL VEHICLES AND PARK TRAILERS Sec. 8-98 - Temporary placement. Recreational vehicles and park trailers placed temporarily in flood hazard areas shall: (1) Be on the site for fewer than 180 consecutive days; or (2) Be fully licensed and ready for highway use, which means the recreational vehicle or park model is on wheels or jacking system, is attached to the site only by quick- disconnect type utilities and security devices, and has no permanent attachments such as additions, rooms, stairs, decks and porches. 442 City of Winter Springs Ordinance 2021-05 Page 23 of 29 Sec. 8-99 - Permanent placement. Recreational vehicles and park trailers that do not meet the limitations in Section 8-98 of this ordinance for temporary placement shall meet the requirements of Article III, Division 4 of this ordinance for manufactured homes. DIVISION 6 TANKS Sec. 8-100 - Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty. Sec. 8-101 - Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation requirements of Section 8-102 of this ordinance shall be permitted in flood hazard areas provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty and the effects of flood-borne debris. Sec. 8-102 - Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be elevated to or above the design flood elevation and attached to a supporting structure that is designed to prevent flotation, collapse or lateral movement during conditions of the design flood. Tank-supporting structures shall meet the foundation requirements of the applicable flood hazard area. Sec. 8-103 - Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be: (1) At or above the design flood elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the design flood; and (2) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the design flood. DIVISION 7 OTHER DEVELOPMENT Sec. 8-104 - General requirements for other development. All development, including man- made changes to improved or unimproved real estate for which specific provisions are not specified in this ordinance or the Florida Building Code, shall: (1) Be located and constructed to minimize flood damage; (2) Meet the limitations of Section 8-87 of this ordinance if located in a regulated floodway; (3) Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood; (4) Be constructed of flood damage-resistant materials; and (5) Have mechanical, plumbing, and electrical systems above the design flood elevation or meet the requirements of ASCE 24, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of building code for 443 City of Winter Springs Ordinance 2021-05 Page 24 of 29 wet locations. Sec. 8-105 - Fences in regulated floodways. Fences in regulated floodways that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall be prohibited as provided in Section 8-87 of this ordinance. Sec. 8-106 - Retaining walls, sidewalks and driveways in regulated floodways. Retaining walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall be prohibited as provided in Section 8-87of this ordinance. Sec. 8-107 - Roads and watercourse crossings in regulated floodways. Roads and watercourse crossings, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, that encroach into regulated floodways shall be prohibited as provided in Section 8-87 of this ordinance. Alteration of a watercourse that is part of a road or watercourse crossing shall meet the requirements of Section 8-43(3) of this ordinance. DIVISION 8 ACCESSORY STRUCTURES Sec. 8-108 - Accessory structures. Accessory structures are permitted below the base flood elevation provided the accessory structures are used only for parking or storage and: (1) Are one-story and not larger than 600 sq. ft. (2) Have flood openings in accordance with Section R322.2 of the Florida Building Code, Residential. (3) Are anchored to resist flotation, collapse or lateral movement resulting from flood loads. (4) Have flood damage-resistant materials used below the base flood elevation plus one (1) foot. (5) Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated to or above the base flood elevation plus one (1) foot. DIVISION 9 COMPENSATORY STORAGE FOR ENCROACHMENTS Sec. 8-109 – Compensatory Storage. Compensatory storage for all encroachments into a special flood hazard area shall be provided in accordance with the following requirements: (1) Compliance will be based upon a volume for volume ("cup for cup") methodology, with the volume of compensation equal to the volume of encroachment at each and every elevation (one-foot contour interval). Providing compensating storage equal to the volume of encroachment at each elevation will provide equivalent management for all storm events of magnitude less than the 100-year storm event, and is intended to prevent cumulative water quantity impacts. (2) Compensatory storage creation shall occur below the existing base flood elevation and above the predicted Seasonal High Ground Water Table (SHGWT) and/or the Seasonal 444 City of Winter Springs Ordinance 2021-05 Page 25 of 29 High Water Levels (SHWL). (3) Compensatory storage shall occur within dedicated storage areas excavated contiguous to the existing special flood hazard area. (4) Under no circumstances will compensatory storage be allowed within ponds that also provide stormwater management (retention and/or detention) for the proposed development. (5) The City may approve the creation of off-site compensatory storage areas located outside the property boundary on a case-by-case basis. (6) The City reserves the right to enforce additional criteria upon any project that is located within what the City considers a special flood hazard area. At the City's discretion, additional flood control measures may be required to adequately protect upstream systems, downstream systems, and/or off-site properties. (7) Floodplain encroachment shall be computed for all fill placed within the special flood hazard area, or for any other volume displacing activities, below the base flood elevation and above the predicted SHGWT or SHWL. DIVISION 10 SETBACK STANDARDS Sec. 8-110 – Standard for small stream setback. Located within the areas of special flood hazard, where small streams exist but where no base flood data have been provided or where no floodways have been provided, the following provisions apply: (1) No encroachments, including fill material or structures shall be located within a distance of the stream bank equal to five (5) times the width of the stream at the top of bank or twenty (20) feet on each side from top of bank, whichever is greater, unless certification by a registered professional engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. (2) New construction or substantial improvements of structures shall be elevated as provided in the Florida Building Code. SECTION 3. CODE AMENDED. Chapter 9 of the Winter Springs Code of Ordinances, is hereby amended as follows. (underlined type indicates additions to the City Code and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 9. It is intended that the text in Chapter 9 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 9 – LAND DEVELOPMENT * * * 445 City of Winter Springs Ordinance 2021-05 Page 26 of 29 ARTICLE III. - DESIGN STANDARDS DIVISION 1. - GENERALLY Sec. 9-101. - In general. (a) Suitability of land. (1) All lands included within a development shall be of such nature that the lands can be developed to the minimum standards of this city for the various purposes proposed in the request for development approval. Further, no development plans shall be approved unless the city commission finds after full consideration of all pertinent data that the development can be served adequately and economically with such normal public facilities and services as are suitable in the circumstances of the particular case. (2) Reserved. Land which is subject to periodic flooding as evidenced by being within the one-hundred-year flood boundary in the U.S. Army Corps of Engineers study, as depicted on the flood boundary and floodway map of the city prepared by the federal emergency management agency, or classified as occasionally flood-prone or flood- prone, or similar words on the United States Geological Survey flood-prone maps, or having extreme soil or surface water and/or groundwater hazards as evidenced by having a flooding hazard every year, or depth to seasonally high water table of zero (0) to fifteen (15) inches at any time during the year as shown in Table 4, Soil Survey, Seminole County, Florida by United States Department of Agriculture Soil Conservation Service, shall not be developed, unless developer shall submit documentation evidencing conclusively that these hazards can and will be eliminated in relation to the purpose for which the land is to be developed. This documentation in the form of soils and other studies, engineering, and other suitable evidence and guarantees, shall be submitted prior to or along with the preliminary plan submitted. (3) The city commission after considering all information submitted, including staff reviews, shall be required to make finding by motion duly passed whether the land is suitable for development as proposed, and if so the plan shall be approved for further processing. (b) Conformity with comprehensive plans. The subdividing and development of any area subject to this chapter shall be in conformity with the general goals and objectives of the city with respect to any presently officially adopted comprehensive development plan, existing zoning plan and requirements including all amendments thereto, policies and plans present and future established by the city commission with respect to lake levels, navigational requirements and policies, water supply, waste disposal and other essential utilities, and overall drainage plan and policies for development in any special improvement district. (c) Use of natural features. The arrangement of lots and blocks and street systems should make the most advantageous use of topography and preserve mature trees and other natural physical features wherever possible. * * * 446 City of Winter Springs Ordinance 2021-05 Page 27 of 29 DIVISION 4. – DRAINAGE Sec. 9-241. – Stormwater Management. * * * (d) Retention/detention ponds. (1) Dry bottom ponds. All dry bottom retention/detention ponds will have a pond bottom elevation of no less than one (1) foot (twelve (12) inches) above the seasonal high ground water elevation, which is to be determined by a registered professional engineer in the State of Florida with an expertise in soils. The side slopes of all dry bottom retention/detention ponds shall not be steeper than two and one-half (2½) horizontal to one (1) vertical. All dry bottom ponds with no exceptions, in which the side slopes are steeper than four (4) horizontal to one (1) vertical shall require a green vinyl chainlink fence with a minimum height of four (4) feet. All fences must meet setback requirements in section 6- 193, buildings and building regulations. (2) Wet bottom ponds. All wet bottom ponds must have side slopes no steeper than four (4) horizontal to one (1) vertical measured from the top of the berm down to at least three (3) feet below the normal water level, measured vertically. This is the side slope transition point. Side slopes may then transition, from the transition point, to no steeper than two (2) horizontal to one (1) vertical down to the pond bottom. Wet bottom pond side slopes steeper than these values are not allowed. If a fence is used, it must be of the same specifications as the fence for dry bottom ponds. (3) All ponds. Retention, detention, percolation, and treatment of stormwater are required by the city. Stormwater regulations, criteria and requirements of the State of Florida, St. Johns River Water Management District and the Department of Environmental Protection, as they may exist and be modified from time to time, are to be the regulations, criteria, and requirements which the city shall utilize for review of stormwater facilities. All city stormwater requirements shall also apply in addition to any federal and state requirement. If there is a conflict between requirements, the stricter requirement will apply. All ponds shall have a minimum ten (10) foot wide stabilized maintenance berm capable of supporting a maintenance vehicle. There shall be a minimum ten (10) foot wide easement to each pond dedicated to the city and the homeowners' association (if planned). All fenced ponds must have a locked gate with ten-foot wide gate opening. (4) For new development or significant redevelopment, those stormwater management systems that eventually discharge into the city's MS4 (municipal separate storm sewer systems) should mitigate any increase in pollutant loads to the maximum extent practicable. To meet this requirement, the city encourages the use of best management practices (e.g., stormwater reuse and baffle boxes), as well as low impact development technologies, including but not limited to: replacement of traditional paving materials with porous concrete/pervious pavement, grass swales, bio-retention, and other comparable methods. * * * 447 City of Winter Springs Ordinance 2021-05 Page 28 of 29 SECTION 4. CODE AMENDED. Section 6-82 of Winter Springs Code of Ordinances, Chapter 6 Buildings and Building Regulations, is hereby amended by the following technical amendments to the Florida Building Code, Building. Sec. 6-82. – Reserved. Technical Amendments to the Florida Building Code. The city hereby adopts the following technical amendments to the Florida Building Code and Florida Building Code, Residential: Florida Building Code. 1612.4.3 Elevation requirements. The minimum elevation requirements shall be as specified in ASCE 24 or the base flood elevation plus 18 inches, whichever is higher. Florida Building Code, Residential. R322.2.1 Elevation requirements. 1. Buildings and structures in flood hazard areas including flood hazard areas designated as Coastal A Zones, shall have the lowest floors elevated to or above the base flood elevation plus 18 inches 1 foot (305 mm), or the design flood elevation, whichever is higher. 2. In areas of shallow flooding (AO Zones), buildings and structures shall have the lowest floor (including basement) elevated to a height above the highest adjacent grade of not less than the depth number specified in feet (mm) on the FIRM plus 18 inches1 foot (305 mm), or not less than 3.5 feet 3 feet (915 mm) if a depth number is not specified. 3. Basement floors that are below grade on all sides shall be elevated to or above base flood elevation plus 18 inches 1 foot (305 mm), or the design flood elevation, whichever is higher. Exception: Enclosed areas below the design flood elevation, including basements with floors that are not below grade on all sides, shall meet the requirements of Section 322.2.2. SECTION 5. FISCAL IMPACT STATEMENT. In terms of design, plan application review, construction and inspection of buildings and structures, the cost impact as an overall average is negligible in regard to the local technical amendments because all development has been subject to the requirements of the local floodplain management ordinance adopted for participation in the National Flood Insurance Program. In terms of lower potential for flood damage, there will be continued savings and benefits to consumers. SECTION 6. APPLICABILITY. For the purposes of jurisdictional applicability, this ordinance shall apply in the City of Winter Springs. This ordinance shall apply to all applications for development, including building permit applications and subdivision proposals, submitted on or after the effective date of this ordinance. 448 City of Winter Springs Ordinance 2021-05 Page 29 of 29 SECTION 7. INCLUSION INTO THE CODE OF ORDINANCES. It is the intent of the City Commission that the provisions of this ordinance shall become and be made a part of the City of Winter Springs Code of Ordinances, and that the sections of this ordinance may be renumbered or relettered and the word “ordinance” may be changed to “section,” “article,” “regulation,” or such other appropriate word or phrase in order to accomplish such intentions. SECTION 8. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part so declared. SECTION 9. EFFECTIVE DATE. This ordinance shall become effective upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. PASSED and ADOPTED in regular session, with a quorum present and voting, by the City Commission, upon second and final reading this ____ day of July, 2021. __________________________ Mayor Kevin McCann ATTEST: ____________________ Christian Gowan, City Clerk APPROVED AS TO FORM: ____________________ Anthony A. Garganese 449 450 451 452 REGULAR AGENDA ITEM 500 CITY COMMISSION AGENDA | AUGUST 9, 2021 REGULAR MEETING TITLE UCF Incubator Annual Update SUMMARY The UCF Business Incubation Program is an economic development effort designed to help create & sustain jobs in the community and spur economic growth throughout the region. This goal is accomplished by helping early-stage businesses grow to the point where they need to hire employees in order to continue operating and growing. Since 1999, The UCF Incubator has assisted more than 350 early-stage companies, who’ve sustained more than 6,725 job. The total economic output of these firms is nearly $1.6 billion in Central Florida. The City of Winter Springs engaged in an Economic Development Grant with the UCF Incubator in 2007. To date, the City has provided a total of approximately $1,000,000 in funding. In 2008, the City provided $200,000 followed up with $75,000 yearly from 2011 to 2020. In 2021 the City provided $50,000 in funding. RECOMMENDATION Staff Recommendation is to receive the information and review. The City Commission may approve or deny the $50,000 annual contribution. 453 A U G U S T 9 , 2 0 2 1 City of Winter Springs and UCF partnering for ROI Investing for Impact 454 A U N I V E R S I T Y D R I V E N C O M M U N I T Y P A R T N E R S H I P D E D I C A T E D T O P R O V I D I N G E A R L Y S T A G E C O M P A N I E S W I T H E N A B L I N G T O O L S , E D U C A T I O N , T R A I N I N G A N D I N F R A S T R U C T U R E N E C E S S A R Y T O C R E A T E F I N A N C I A L L Y S T A B L E , H I G H G R O W T H C O M P A N I E S . Mission 455 O P E N E D I N 2 0 0 8 1 0 ,0 0 0 S F C A P A C I T Y F O R 3 0 O F F I C E S 1 T R A I N I N G R O O M 1 C O N F E R E N C E R O O M 2 F U L L T I M E S T A F F UCFBIP- Winter Springs 456 B U S I N E S S A S S E S M E N T S O N L I N E T O O L T R A I N I N G A N D E D U C A T I O N B U S I N E S S O P E R A T I O N S U P P O R T B U S I N E S S D E V E L O P M E N T S U P P O R T M A R K E T I N G S E R V I C E S C O N N E C T I O N S A C C E S S T O I N N O V A T I O N D I S T R I C T S O F F I C E S P A C E A N D O T H E R S .... UCFBIP- Winter Springs SERVICES 457 M U S T B E A F O R -P R O F I T B U S I N E S S C A N N O T B E A F R A N C H I S E P O S S E S S A N I N O V A T I V E O R D I S R U P T I V E T E C H N O L O G Y A B I L I T Y O R I N T E N T I O N T O S C A L E T H E B U S I N E S S O U T S I D E T H E R E G I O N Businesses We Serve 458 Meet a Client! Pegasence - is a research and development company in areas of solid state devices, sensor technology, RF communication sysytems and simulation software. Dr. Donald Malocha Ph.D., EEE Dr. Svetlana Malocha Ph.D., EECE 459 Meet a Recent Graduate Sportzcast- Is an Engineering and Software firm that developed an interface for scoreboards called "ScoreBots" they are in over 5,000 venues in and outside the U.S.A. Michael Connell - Founder 460 Employment Sustained 1 ,0 8 1 Regional GDP $9 4 ,4 0 0 ,0 0 0 Regional Sales $1 7 2 ,3 0 0 ,0 0 0 Regional Taxes $5 ,1 1 1 ,0 0 0 ROI $1 6 .0 9 8 7 C O M P A N I E S 2 6 G R A D U A T E S 461 Salaries - $28,340 Facility - $17,115 Indirect Cost - $4,545 City of Winter Springs: Annual support of $50,0000 Funding 462 Leadership & Point of Contact C A R O L A N N L O G U E D I R EC T OR , P R O G R A M S & OP E RA T I ON S IN N OV A T IO N D I S T RI C T S & I N C U B A T I O N P R O G RA M 4 0 7 -6 3 5 -98 8 2 O F F I C E 4 0 7 -48 9 -5 99 0 C E L L C A RO L A N N .DY K E S L O G U E @ UC F .ED U R O B P A N E P I N T O DIR E CT O R, P A RT N E R S H IP S & S T R A T E G Y , I NN O VA T I ON DIS T RIC T S A N D I N C U B A TIO N P R O G R A M (4 0 7 ) 4 67 -5 6 89 R O B .P A N E P I N TO @ U C F .E D U R A F A E L C A A M A N O S I T E M A N A GE R UC F B U S I NE S S IN C UB A T IO N PR O G R A M 4 07 -4 0 8-4 2 9 7 C E LL R A FA E L @ UC F .ED U 463 REGULAR AGENDA ITEM 501 CITY COMMISSION AGENDA | AUGUST 9, 2021 REGULAR MEETING TITLE Winter Springs - Oviedo Chamber of Commerce Update SUMMARY The Oviedo-Winter Springs Regional Chamber of Commerce is a private, 501 (c) (6) not- for-profit business membership association. The chamber is an action-oriented organization dedicated to serving the needs of local businesses and community as a whole. With many networking activities, educational seminar offerings, and promotional opportunities, their member companies capitalize on the contacts and resources provided by the OWSRCC. The City of Winter Springs joined the Oviedo-Winter Springs Chamber in 2007. To date, the City has provided a total of approximately $65,000. The City currently provides $5,000 annually for the Trustee membership. RECOMMENDATION Staff Recommendation is to receive the information and review. The City Commission may approve or deny for the City to continue the Trustee Membership in the amount of $5,000 (annual). 464 465 466 467 468 HOW THE CHAMBER SUPPORTS BUSINESSES Video created by Indiana Chamber Executives Association 469 ●Promotion of local businesses in the Oviedo Winter Springs area ●Successfully removed FL Doc Stamp Tax from PPP loans with FL Chamber - saving our businesses $100 to $1000’s ●Award winning East Side Regional Hob Nob from Florida Association of Chamber Professionals ●Assisted businesses in securing CARES Act grant money ●Successful Golf Tournament securing thousands for the Oviedo City Church Scholarship fund ●Partnered in our Local First, Local Strong initiative - in partnership with OWS Life Magazine ●Increased our digital footprint and website accessibility through the help of our media partners ●Successful Brand Refresh -implementing our new Mission, Vision and Values ACCOMPLISHMENTS 470 LOCAL FIRST, LOCAL STRONG INITIATIVE in partnership with OWS Life Magazine 471 ●Association Health Insurance Benefits - implemented Healthcare Benefits website in 2021 as AHP for chambers is held up in courts ●Business rent tax - reduced from 5.5% to 2% once FL Unemployment Compensation Trust Fund replenished ●Covid Liability relief / protection passed - On March 29, 2021, Governor Ron DeSantis signed Senate Bill 72 into law, Florida became the largest of a growing number of states to implement broad COVID-19 liability protections applicable to businesses, health care providers, schools, and non-profit and governmental entities. ●Internship Tax Credit - Didn’t pass ●Small Business Saturday tax free - Instead gave us Freedom Week, tax free purchase of live events and concerts ●Cottage Food Industry - worked towards leveling the playing field between home business and traditional storefront business TALLAHASSEE ADVOCACY TRIP 472 CONTINUING INITIATIVES ●Proactive response to Covid-19 pandemic resulting in virtual real-time dissemination of information to membership and through social media platforms ●Implemented Small Business Legal Clinic - when members most needed it ○Killgore Pearlman will talk to members about landlord/tenant, corporate and business contracts, and borrowing issues related to COVID-19 ○eClat Law business interruption insurance claims resulting from COVID-19. ●Created the OWSRCC Discussion Board building business and relationships ○300 Members ○Discussion on Top Issues: ■Workforce ■Pro Business Legislation ●Conducted annual survey to maintain pulse on needs of the membership ●Promote pro-business legislation with the Florida and U.S. Chamber of Commerce 473 ●Promotion of local businesses in the Oviedo Winter Springs are ○Business Spotlights ○Ribbon cuttings ○Grand openings ○Anniversaries ●Winter Springs Festival of the Arts ○60 local businesses ●Taste of Oviedo ○150 local businesses ●Networking ○Winter Springs Business Alliance ○Oviedo Business Alliance ○Real Estate Connection ○Ambassadors ○Oviedo Businesswomen's Network ●Ovations Awards ○Best of our businesses HOW DOLLARS ARE USED 474 ENHANCED LEVEL WS CHAMBER MEMBERS ●City of Winter Springs - Trustee ●A Budget Tree Service - Trustee ●Fairwinds Credit Union - Trustee ●Modern Plumbing - Trustee ●419 Metal and Auto Recycling - Partner ●Partyka Group at NAI Realvest - Friend ●Collins Dental - Friend ●Focused Mission - Friend ●ITI Engineering - Friend ●James Evans Kilted Team at Century 21 - Friend ●Jean Arthur Associates - Friend ●Legends of Winter Springs - Friend ●Orlando Health Physician Associates - Friend ●Tuskawilla Nursing and Rehab - Friend 475 WINTER SPRINGS BUSINESS TESTIMONIALS ●“The OWS Chamber represents our community and our businesses in everything they do. Having a visible relationship with the chamber helps me year-round. It serves as a vehicle for relationships which allow me to thrive while many others struggle.” Bart Phillips, President, 419 Auto and Metal Recycling Center ●“Not only does the OWS Chamber give us opportunities to grow our business through community events, but having the strength of the chamber helps us gain access and a voice which would otherwise not be heard at the highest levels of government.” Dale Meagher, President, A Budget Tree Service 476 OWS CHAMBER INDUSTRY DISTRIBUTION 477 MEMBERSHIP BREAKDOWN BY CITY 478 TRUSTEE BENEFITS ●Representation as an Investor in our Business Community ●Logo Recognition in Community Guide ●Invitation on Capitol Connection Trip to Tallahassee ●Enhanced advertising opportunities through chamber channels ●Complimentary Participation in Chamber Golf Tournament/Signage Recognition ●Recognition at Monthly Chamber Events ●Invites to Trustee Appreciation Luncheons ●Logo on all Chamber Webpages with Click-Through Link ●Recognition in All Newsletters ●Complimentary Entry to All Chamber Monthly Luncheons ●Invitation to “Meet the Artists Party” at Winter Springs Festival of the Arts ●Enhanced SEO on ChamberMaster software ●Invites to exclusive meetings with State/Federal Representatives 479 WEBSITE DATA oviedowintersprings.org Month Unique Visitors Number of Visits Jan 2021 5,132 7,903 Feb 2021 3,770 5,555 Mar 2021 4,990 6,653 Apr 2021 3,511 5,203 May 2021 3,696 5,401 Jun 2021 3,646 5,006 Jul 2021 3,383 4,810 Trustee logo is present on each page. 480 WEBSITE DATA wsfota.org Month Unique Visitors Number of Visits Jan 2021 472 635 Feb 2021 921 1,736 Mar 2021 1,016 1,557 Apr 2021 951 1,557 May 2021 841 1,477 Jun 2021 1,130 1,854 Jul 2021 1,047 1,750 Trustee logo is present on each page. 481 482 Thank you for being a valued Trustee of the Oviedo- Winter Springs Regional Chamber of Commerce! Any Questions? 483 REGULAR AGENDA ITEM 502 CITY COMMISSION AGENDA | AUGUST 9, 2021 REGULAR MEETING TITLE Waste Pro Annual Performance Review SUMMARY The purpose of this agenda is to provide the results of the solid waste survey as well as the City’s annual evaluation of solid waste services. The performance bonus provision of the franchise agreement with Waste Pro provides for a bonus of $15,000 provided the Contractor receives a customer satisfaction rating of 90% or greater. Staff contracted with the Institute for Social and Behavioral Science (ISBS) at the University of Central Florida to perform the survey again this year. Because of COVID- 19, last year’s survey was adapted to on-line participation via email. This year’s survey followed the same format since the effects of COVID-19 are still being felt and the ISBS is not performing phone surveys at this time. The ISBS modified the survey so that it was suitable for online participation and the survey responses were solicited via email. The level of customer satisfaction measured in this year's survey was 90.3%, which is a decrease from last year’s survey. Results dating back to 2007 are presented on the attached Schedule of Historical Customer Satisfaction Results. The statistical sample resulted in 759 completed surveys and contained 303 comments - 116 of which were positive and 187 of which were negative. The majority of negative comments in order of frequency were related to recycling including bins are too small, lack of guidance on acceptable recycling, inconsistent/missed pick-ups, bins left in the street or thrown haphazardly without care causing them to crack or break. Of the respondents who left comments, 32 desired follow up. Staff has initiated contact to coordinate resolutions of those concerns/complaints with Waste Pro. The commentary indicates that ongoing education efforts are warranted for recycling. Approximately 2 years ago, with the cooperation of Seminole County City Staff designed and disseminated a visual flyer to bring clarity to the topic of recycling (copy is attached). Repeated messaging will undoubtedly be necessary. The following communication efforts have been and will continue to be a priority for City Staff: Guidelines are given with each recycling bin picked up by a resident. Messages have been included in the “News You Can Use” portion of the utility bill. The City News Letter will continue to be used to disseminate information about trash, recycling and other matters. Staff will continue to encourage Waste Pro to use a tagging system to help 484 educate residents when their recycling is not picked-up. On May 10, 2021, Ordinance 2021-03 authorized a new five year contract for the franchise agreement with an option to renew for three additional one- year terms. In accordance with Section 9.3 of the Solid Waste Agreement, Waste Pro's performance is to be annually evaluated by the City Manager, or his designee, and delivered to the City Commission at a public meeting. The evaluation is based on the level of service criteria set forth in paragraph 9.3 of the Agreement. Staff has completed the evaluation and has met with representatives from Waste Pro to discuss the report. The survey cost of $3,629 was paid from the Solid Waste Fund. Waste Pro's share of the survey will be deducted from the $15,000 performance bonus for a net performance bonus of $13,185. The current residential solid waste rate of $18.10 per month remains unchanged since 2006, and is currently under evaluation by City Staff to establish a new rate for residents targeted for the 2022 fiscal year. RECOMMENDATION Staff recommends the City Commission affirm the Solid Waste survey results and approve Waste Pro, our solid waste franchisee, to receive the performance bonus of $15,000, (less shared survey cost) and also receive the Annual Evaluation Report for Waste Pro for the period of March 1, 2020 - February 28, 2021 as submitted by staff. 485 Fiscal Year Survey Result 2007 93.20% 2008 93.40% 2009 97.00% 2010 94.20% 2011 96.80% 2012 97.10% 2013 95.20% 2014 94.50% 2015 93.40% 2016 94.78% 2017 95.20% 2018 94.60% 2019 90.80% 2020 91.40% 2021 90.30% Historical Customer Satisfaction Results with Waste Management Services provided by Waste Pro of Florida 86.00% 88.00% 90.00% 92.00% 94.00% 96.00% 98.00% 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Survey Results 486 487 1 by Jacquelyn Reiss and Amy M. Donley, PhD June 2021 WINTER SPRINGS CUSTOMER SATISFACTION WITH WASTE MANAGEMENT SERVICES 488 isbs@ucf.edu · (407) 823-1357 sciences.ucf.edu/sociology/isbs 2 TABLE OF CONTENTS SURVEY COLLECTION .................................................................................. 4 Impact of COVID-19 on Survey Collection ................................................... 4 TABLE 1. TOTAL SURVEY COLLECTION ATTEMPTS ................................. 5 RESULTS ......................................................................................................... 6 Overall Customer Satisfaction ...................................................................... 6 TABLE 2. SATISFACTION WITH TRASH COLLECTION SERVICES ............ 7 Specific Comments & Complaints ................................................................ 8 Customers to Contact ................................................................................. 10 TABLE 3. COMMENTS, COMPLAINTS, AND CONTACT INFORMATION .. 10 Damaged Trash Bins .................................................................................. 11 489 isbs@ucf.edu · (407) 823-1357 sciences.ucf.edu/sociology/isbs 3 OVERVIEW The Institute for Social and Behavioral Sciences (ISBS) at the University of Central Florida (UCF) contracted with the City of Winter Springs, FL to conduct a survey to determine the level of customer satisfaction with the City’s solid waste disposal subcontractor, Waste Pro. The sample was obtained in 2021 from the City of Winter Springs’ resident database. A link to the survey was sent through email to each customer who had an email registered with the City of Winter Springs. The survey was then taken by the customer online. The survey was available to be taken from June 10 to June 24, 2021. The survey consisted of a structured, electronic questionnaire that is used annually to determine consumers’ satisfaction with Waste Pro. The survey design included an initial screening question to ensure only residents who currently live in the City of Winter Springs and are charged for trash collection services are included. Participants are asked the following screening question: “Does the monthly water bill that you get from the City of Winter Springs include a charge for trash collection services?” Individuals who responded “no” or “don’t know” during the survey have their surveys ended and are excluded from the final sample. 490 isbs@ucf.edu · (407) 823-1357 sciences.ucf.edu/sociology/isbs 4 SURVEY COLLECTION Impact of COVID-19 on Survey Collection Although a majority of the past Waste Pro customer satisfaction surveys had been conducted via telephone, the method of data collection for the annual survey had been adapted last year to accommodate for the closure of the ISBS’s phone lab due to COVID-19. Since data collection had to be modified from telephone to online survey last year and due to the continued closure at UCF due to COVID-19, this year’s survey was also conducted through an online survey distributed via e-mail. Similar to last year, customer email addresses were provided by the City of Winter Springs and utilized to collect data via a modified survey that was suitable for customers to take themselves. While the survey was distributed to customers in two waves last year, the survey this year was distributed in one wave to all the e-mail addresses provided by the City of Winter Springs. As seen in Table 1, the response rate for the online survey distributed between June 10th to June 24th was 12.83%. Further, Table 1 shows the breakdown of the survey collection throughout its duration. The sample frame was comprised of 8,480 customer email addresses. The first e-mail to customers was sent out June 10, 2021. Following, a reminder e-mail was sent out to customers who had yet to complete the survey a week later on June 17, 2021. Out of the 8,480 e-mail addresses, 837, or 9.9%, of customers could not be reached over email because their provided email address either bounced back or failed. Approximately 6,529 customers, or 76.9%, did not open the survey link. Of those that did receive the email and opened the survey link, 1,088 customers, or 97.7%, completed the survey. Although 97.7% of people who did open the link submitted a survey, some cases were excluded because they were not 18 years of age or older (n=3), they did not live in Winter Springs (n=4), and they did not answer “Yes” to the 491 isbs@ucf.edu · (407) 823-1357 sciences.ucf.edu/sociology/isbs 5 screening question (n=322). After eliminating those survey respondents, the final sample of Waste Pro customers was 759, which was 8.95% of all total emails. TABLE 1. SURVEY COLLECTION Total OPENED SURVEY, BUT DID NOT SUBMIT 26 TOTAL COMPLETED SURVEYS 1088 WASTEPRO CUSTOMERS 759 WAS NOT OVER 18 YEARS OLD 3 DID NOT LIVE IN WINTER SPRINGS 4 DID NOT ANSWER “YES” TO SCREENING QUESTION 322 BOUNCED EMAILS 817 FAILED EMAILS 20 NO RESPONSE 6,529 TOTAL EMAILS SENT 8,480 492 isbs@ucf.edu · (407) 823-1357 sciences.ucf.edu/sociology/isbs 6 RESULTS Overall Customer Satisfaction After asking participants the initial screening questions, the survey asked participants about their overall satisfaction with the trash collection services. The question is as follows: “As you probably know, solid waste in Winter Springs is picked up by a private contractor, Waste Pro. All in all, are you satisfied or unsatisfied with the trash collection services you receive at your place of residence?” Out of the 759 Waste Pro customers who submitted a survey, only 745 customers responded to this question. The results, which are highlighted in Table 2, show that customer satisfaction with Waste Pro (90.3%) exceeds the 90% satisfaction rating required. Compared to the 2019 and 2020 reports, customer satisfaction with Waste Pro has marginally decreased from 90.8% in 2019 and 91.4% in 2020, to 90.3% in 2021. Moreover, 33 participants, or about 4.4% of the sample, chose “Other” when asked about their satisfaction. Of the 33 participants who chose “Other,” 24 left comments describing why they may have chosen “Other” as a response. Of those 24 comments, about half indicated that they were mostly, partially, or slightly satisfied with their trash collection services. Other comments suggested customers felt like the service and pick-up times were inconsistent from week to week, some comments mentioned they were unhappy about how their bins were left or put back after being collected, and others expressed frustration about recycling, mainly regarding the size of recycling bins. All comments are listed on the “Comments on Satisfaction Level” sheet in the attached Excel document. 493 isbs@ucf.edu · (407) 823-1357 sciences.ucf.edu/sociology/isbs 7 TABLE 2. SATISFACTION WITH TRASH COLLECTION SERVICES Frequency Percentage (%) SATISFIED 673 90.3% UNSATISFIED 39 5.2% OTHER 33 4.4% TOTAL 745 100% 494 isbs@ucf.edu · (407) 823-1357 sciences.ucf.edu/sociology/isbs 8 Specific Comments & Complaints The satisfaction questions were followed by an open-ended question asking participants about specific comments complaints they have about their trash collection services. The question is as follows: “Do you have any specific complaints about the trash collection service that you would like express?” While the satisfaction with Waste Pro's services was high, like past years, many satisfied customers still took the opportunity to express their comments or complaints with Waste Pro's services. Out of the 759 Waste Pro customers who submitted a survey, 660 responded to this question and 306 customers answered that they had a comment or complaint to express. Out of the 306 customers who had a comment or complaint, 303 completed a comment. Approximately 116 customers left some type of positive comment. Out of those positive comments many stated that Waste Pro and the trash collectors do an “excellent” job, they are “amazing,” “dependable,” “consistent,” and that they “always go above and beyond”. Many of these customers mentioned that they are pleased with the “courteous,” “respectful,” efficient,” and “personable” service and always appreciate that their trash collectors are “friendly” and “always have a smile on their faces.” Further, there were a number of customers who said the trash collection service was good but complained about the size of recycling bins or had minor complaints about rare mishaps when their trash was collected. Alternatively, about 187 customers chose to leave a complaint, or partial complaint about the service. Out of the approximate 187 customer complaints, a proportion expressed various concerns recyclables. The main complaints about recyclables were that many customers would like larger bins and find the current ones too small. A few customers also stated that they are not sure what is 495 isbs@ucf.edu · (407) 823-1357 sciences.ucf.edu/sociology/isbs 9 approved and can be recycled and would like clearer guidance on this matter. Finally, customers also complained about recyclables and trash being spilled or left in the street, not collected all the way, not collected regularly, and their recycling and trash bins being left in the street or thrown/put back roughly to the point that the collection containers break. Further, other customer complaints that solely concerned trash collection described inconsistent pick-up times and inconsistent trash collection, including trash containers being missed occasionally and all trash not being collected from the bins regularly. Additionally, there were a number of complaints about trash bins being left in the street, left open, or put back roughly to the point that they break. The “Comments” and “Complaints” sheets in the attached Excel document shows the verbatim responses from customers. 496 isbs@ucf.edu · (407) 823-1357 sciences.ucf.edu/sociology/isbs 10 Customers to Contact Customers who expressed any sort of comment or complaint, regardless of whether they reported overall satisfaction with their trash collection services, were asked if they would like to be contacted by the City of Winter Springs to discuss their specific comments or complaints. Table 3 shows that out of the 306 customers that answered that they had a specific comment or complaint, 303 customers actually left a comment in their survey response. Out of those 306 customers who had a comment or complaint, only 305 answered the question asking whether they wanted to be contacted. Out of those 305 responses, 32 customers answered that they would like to be contacted about their comment or complaint. While all 32 customers left comments, only 31 customers left their contact information. The customers’ contact information, as well as their complaint, is listed in the “Complaint Contact” sheet in the attached Excel document. TABLE 3. COMMENTS, COMPLAINTS, AND CONTACT INFORMATION Has a Comment or Complaint Left a Comment or Complaint Wants to be Contacted Left Contact Information (Out of customers who want to be contacted) Freq. % Freq. % Freq. % Freq. % YES 306 46.4% 303 99% 32 10.5% 31 99% NO 354 53.6% 273 89.5% TOTAL 660 100% 306 100% 305 100% 32 100% 497 isbs@ucf.edu · (407) 823-1357 sciences.ucf.edu/sociology/isbs 11 Damaged Trash Bins Lastly, all respondents were asked if their trash collection containers are damaged to the point that they need replacing. The question is as follows: “Is your trash collection container (bin) damaged to the point where you would like it to be replaced?” Out of the 759 Waste Pro customers who submitted a survey, a total of 743 responded to this question. Most customers who responded indicated that they are satisfied with the condition of their containers (87.3%). Table 4 shows that 94 customers’ containers are damaged to the point where they would like them replaced. Of those 94 customers, 4 wanted to be contacted about the comment or complaint they left earlier in the survey, and 90 left their name, address, and contact information, which can be found in the “Damaged Bins Contact” sheet in the attached Excel document. TABLE 4. DAMAGED TRASH COLLECTION CONTAINERS Frequency Percentage (%) YES 94 12.7% NO 649 87.3% TOTAL 743 100% 498 WASTE PRO OF FLORIDA INC. ANNUAL EVALUATION REPORT For the Period March 1, 2020 – February 28, 2021 AUTHORITY: In accordance with the Solid Waste Agreement dated March 1, 2006 and amended on February 27, 2020 between the City of Winter Springs and Waste Pro of Florida, Inc., Section 9.3, Contractor’s performance shall be annually evaluated by City’s Authorized Representative and/or City Commission. The evaluation shall be based in the level of service criteria set forth in paragraph 9.1 of the Solid Waste Agreement. For each criteria the Authorized Representative shall evaluate and grade Contractor’s performance as Unacceptable, Acceptable but Needs Improvement, or Good. For each review criteria in which Contractor receives an unacceptable grade, the Authorized Representative shall provide Contractor a written explanation of why Contractor’s performance was unacceptable and Contractor shall be given a reasonable period of time, as determined by the Authorized Representative, to bring its level of performance up to levels acceptable to the Authorized Representative. EVALUATION: Grade Scale: Good, Acceptable but Needs Improvement, Unacceptable (requires explanation) CRITERIA A: The number of complaints received pursuant to paragraph 9.2 of the Solid Waste Agreement and Contractor’s performance in resolving the complaints in a professional and expedient manner. GRADE: Acceptable but Needs Improvement EXPLANATION: The approval rating has been declining and at 90.3% is only 0.3% above the minimum satisfaction rating of 90%. We had twice as many respondents this year vs. last year. The team needs to be more conscientious. What is WP doing to ensure staffing consistency? EXPECTED RESOLUTION DATE: Ongoing CRITERIA B: Contractor’s responsiveness to direction given by the Authorized Representative. GRADE: Needs improvement EXPLANATION: Contract section 4.1J requires WP to ‘tag’ waste which is not properly containerized many of the comments related to not understanding the rules of recycling – WP is not always tagging in appropriate trash/recycling. Trash spillage has also been noted in the resident comments received in addition to calls handled by the City’s Customer Care Team. EXPECTED RESOLUTION DATE: 8/1/2021 CRITERA C: The number of times that Contractor had to pay liquidated damages pursuant to paragraph 25.0 of the Solid Waste agreement. GRADE: Good EXPLANATION: WP has not had to pay liquidated damages although a review of the WOs probably could have resulted in liquidated damages (Section 25). There were at least 27 instances of co-mingled trash in which WP was charged back for the load tickets, which is a very small percentage given all pickups throughout the year. EXPECTED RESOLUTION DATE: Ongoing 499 500 REGULAR AGENDA ITEM 503 CITY COMMISSION AGENDA | AUGUST 9, 2021 REGULAR MEETING TITLE Appeal of a Lien Reduction 629 Alton Road SUMMARY Pursuant to Section 2-61.5 of the Code of Ordinances of the City of Winter Springs, Staff requests that the Commission consider Sherry Clifton’s appeal of a lien reduction determination regarding 629 Alton-Estate of Mel D. Hall. On August 25, 2020, Item 506, Public Hearing of the Code Enforcement Board, Case #2020CE0001564 came before the Code Enforcement Board. The Respondent was not present. The Property was found to be in violation and given until September 15, 2020 to be brought into compliance. At the time of the violation, the Property Appraiser records reflected Mel D Hall as the owner of record, subsequent to his death on April 6, 2021, the record now shows Sherry K Clifton personal representative for the estate of Mel D Hal. At the time of the violations and currently, the property is leased. The matter came back before the Code Enforcement Board on February 23, 2021, Item 601, the Respondent was not present. At the Code Enforcement Board hearing, the Property was still found to be in violation of the City Code and the penalty in the amount of $150.00 per day was imposed as set forth in the Board’s previous order dated August 25, 2020. The fine began accruing on September 15, 2020 and the Property was brought into compliance on May 11, 2021, for a total lien amount of $35,400. (“Lien”) Ms. Clifton submitted a Petition for Reduction or Release of Code Enforcement Lien along with the appropriate application fee and was received by the City on April 30, 2021. Deputy Chief Tracht reviewed the application and submitted a recommendation for a 10% reduction which reduces the lien amount to $31,860.00. Staff had several conversations with Ms. Clifton and learned of her intent to sell the property. She provided additional documentation of other repairs and or upgrades made in addition to a quote 501 for a new roof. Ms. Clifton requested more time to make these upgrades and market the property as she was also addressing issues with her brother’s primary residence. A decision to reduce the lien by 10% bringing the lien amount to $31,860.00 was sent to Ms. Clifton and was received and signed for on July 2, 2021. City Manager denied the elimination of the lien for the following reasons: 2- 61-(e)(4)(8)(9). City Manager did approve a 10% reduction which was later rejected by Ms. Clifton. Pursuant to Section 2-61.5 of the City Code, the city commission shall render a final decision on the application based upon the sworn application and determination of the city manager and any other relevant information or testimony provided to the city commission at the meeting by the applicant, city manager or any other interested party. Any decision made by the city commission pursuant to this section shall be deemed final and not subject to any further administrative review by the city. The applicant shall have thirty (30) days in which to comply with any decision of or condition imposed by the city commission or the application shall be deemed automatically denied and thereafter, the applicant shall be barred from applying for a subsequent reduction or release of lien for a period of one year from the date of the city commission's decision. During the one-year period, the lien may only be satisfied and released upon full payment of the fine or penalty imposed in accordance with this division. RECOMMENDATION Staff recommends that, in accordance with Section 2-61.5 of the City Code, the Commission uphold the City's Managers decision for a 10% lien reduction. 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 1 Donna Bruno From:Sherry Clifton <sherryclifton@cliftonmanagement.com> Sent:Tuesday, July 6, 2021 3:32 PM To:Donna Bruno Cc:Natalia Hernandez Subject:Request for Reduction/Release -629 Alton-Estate of Mel D. Hall Follow Up Flag:Follow up Flag Status:Flagged EXTERNAL EMAIL: [Caution: Do not click on links or open any attachments unless you trust the sender and know the content is safe.] Ms. Bruno, I am in receipt of the correspondence dated June 10, 2021 from Shawn Boyle, City Manager, for the City of Winter Springs, of which I signed for on or about July 2nd. The reduction of $3,500 has been duly noted. However, I do not believe I would be acting responsibly as the personal representative for this estate, which includes 2 sons and a grandson, to accept a $31,860 fine to be paid on or before August 10, 2021. It should be noted the violations were for a broken fence gate, a few holes in a pool screen, and replacement of 2 soffit vent screens totaling less than $1,500. Of which the estate had completed all repairs within 30 days following the death. The estate also paid taxes, made additional repairs, as well as just recently contracted for a new roof. All parties experienced great financial losses in 2020 due to the mandatory COVID shut downs. My brother was included in same as the owner of a small maintenance business. His health deteriorated as quickly as his finances. He took out second mortgage(s), credit card debt, etc., just to get by. With this being said, the court of public opinion has recommended that I seek a meeting with the City Manager as well as any additional interested parties in an attempt to reach a reasonable settlement to match the violation(s) itself. It would be preferred not to incur legal fees that could otherwise be utilized on resolving this matter amicably between the City and myself. But, if the City would prefer that direction, please advise. If not, my schedule is open both July 19th and July 26th for a meeting at the City of Winter Springs. Thank you for your anticipated cooperation in this matter. Sincerely, 528 2 Sherry K. Clifton, Appointed Personal Representative Estate of Mel D. Hall 529 1 Donna Bruno From:Donna Bruno Sent:Wednesday, July 7, 2021 11:59 AM To:'Sherry Clifton' Cc:Natalia Hernandez; _City Clerk Department Subject:RE: Request for Reduction/Release -629 Alton-Estate of Mel D. Hall Hello Ms. Clifton, There is a formal appeal process for this situation. The appeal is a written appeal addressed to the City Commission through the City Clerk. I have copied the Clerk on this e-mail. There is a nonrefundable filing fee of $100.00 which should accompany the written appeal to the Clerk payable to the City of Winter Springs. The appeal must be made within 30 days. Your appeal would then be put on the agenda for the next regularly scheduled City Commission meeting to the extent practicable. Please respond back to the Clerk if you would like your e-mail to me to be your formal appeal. Please refer to Division 2 Section 2-61.5 of the City's municipal code which can be found on the City's website. The payment for the appeal may be made by check or credit card. Please let me know how you would like to proceed. Best regards, Donna Bruno Internal Control P:(407) 327-6550 F:(407) 327-4753 A:1126 East State Road 434 Winter Springs, Florida 32708-----Original Message----- From: Sherry Clifton <sherryclifton@cliftonmanagement.com> Sent: Tuesday, July 6, 2021 3:32 PM To: Donna Bruno <dbruno@winterspringsfl.org> Cc: Natalia Hernandez <nhernandez@winterspringsfl.org> Subject: Request for Reduction/Release -629 Alton-Estate of Mel D. Hall EXTERNAL EMAIL: 530 2 [Caution: Do not click on links or open any attachments unless you trust the sender and know the content is safe.] Ms. Bruno, I am in receipt of the correspondence dated June 10, 2021 from Shawn Boyle, City Manager, for the City of Winter Springs, of which I signed for on or about July 2nd. The reduction of $3,500 has been duly noted. However, I do not believe I would be acting responsibly as the personal representative for this estate, which includes 2 sons and a grandson, to accept a $31,860 fine to be paid on or before August 10, 2021. It should be noted the violations were for a broken fence gate, a few holes in a pool screen, and replacement of 2 soffit vent screens totaling less than $1,500. Of which the estate had completed all repairs within 30 days following the death. The estate also paid taxes, made additional repairs, as well as just recently contracted for a new roof. All parties experienced great financial losses in 2020 due to the mandatory COVID shut downs. My brother was included in same as the owner of a small maintenance business. His health deteriorated as quickly as his finances. He took out second mortgage(s), credit card debt, etc., just to get by. With this being said, the court of public opinion has recommended that I seek a meeting with the City Manager as well as any additional interested parties in an attempt to reach a reasonable settlement to match the violation(s) itself. It would be preferred not to incur legal fees that could otherwise be utilized on resolving this matter amicably between the City and myself. But, if the City would prefer that direction, please advise. If not, my schedule is open both July 19th and July 26th for a meeting at the City of Winter Springs. Thank you for your anticipated cooperation in this matter. Sincerely, Sherry K. Clifton, Appointed Personal Representative Estate of Mel D. Hall ________________________________ Confidentiality Note: This e-mail, and any attachment to it, contains information intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you. 531 3 532 1 Donna Bruno From:Sherry Clifton <sherryclifton@cliftonmanagement.com> Sent:Friday, July 9, 2021 5:33 PM To:Donna Bruno Cc:Natalia Hernandez; _City Clerk Department Subject:Re: Request for Reduction/Release -629 Alton-Estate of Mel D. Hall Attachments:Appeal to City 0721.docx; affordable roofing.pdf Follow Up Flag:Follow up Flag Status:Flagged EXTERNAL EMAIL: [Caution: Do not click on links or open any attachments unless you trust the sender and know the content is safe.] Thank you for the response Ms. Bruno! So, I've attached a request for appeal with 1 attachment. I can pay via credit card if someone could please let me know where/how to do? Please let me know if I should also mail the attached? And, when will I know the date/time of the City Commission meeting? Again, thank you everyone! This is very new to me so thank you for helping me with the process. Sherry Clifton On 7/7/2021 11:59 AM, Donna Bruno wrote: > Hello Ms. Clifton, > > There is a formal appeal process for this situation. The appeal is a written appeal addressed to the City Commission through the City Clerk. I have copied the Clerk on this e-mail. There is a nonrefundable filing fee of $100.00 which should accompany the written appeal to the Clerk payable to the City of Winter Springs. The appeal must be made within 30 days. Your appeal would then be put on the agenda for the next regularly scheduled City Commission meeting to the extent 533 2 practicable. Please respond back to the Clerk if you would like your e-mail to me to be your formal appeal. Please refer to Division 2 Section 2-61.5 of the City's municipal code which can be found on the City's website. > > The payment for the appeal may be made by check or credit card. > > Please let me know how you would like to proceed. > > Best regards, > > > > > Donna Bruno > Internal Control > P:(407) 327-6550 F:(407) 327-4753 > A:1126 East State Road 434 > Winter Springs, Florida 32708-----Original Message----- > From: Sherry Clifton <sherryclifton@cliftonmanagement.com> > Sent: Tuesday, July 6, 2021 3:32 PM > To: Donna Bruno <dbruno@winterspringsfl.org> > Cc: Natalia Hernandez <nhernandez@winterspringsfl.org> > Subject: Request for Reduction/Release -629 Alton-Estate of Mel D. > Hall > > EXTERNAL EMAIL: > [Caution: Do not click on links or open any attachments unless you > trust the sender and know the content is safe.] > > Ms. Bruno, > > I am in receipt of the correspondence dated June 10, 2021 from Shawn Boyle, City Manager, for the City of Winter Springs, of which I signed for on or about July 2nd. > > The reduction of $3,500 has been duly noted. However, I do not believe I would be acting responsibly as the personal representative for this estate, which includes 2 sons and a grandson, to accept a $31,860 fine to be paid on or before August 10, 2021. It should be noted the violations were for a broken fence gate, a few holes in a pool screen, and replacement of 2 soffit vent screens totaling less than $1,500. Of which the estate had completed all repairs within 30 days following the death. The estate also paid taxes, made additional repairs, as well as just recently contracted for a new roof. > 534 3 > All parties experienced great financial losses in 2020 due to the mandatory COVID shut downs. My brother was included in same as the owner of a small maintenance business. His health deteriorated as quickly as his finances. He took out second mortgage(s), credit card debt, etc., just to get by. > > With this being said, the court of public opinion has recommended that I seek a meeting with the City Manager as well as any additional interested parties in an attempt to reach a reasonable settlement to match the violation(s) itself. It would be preferred not to incur legal fees that could otherwise be utilized on resolving this matter amicably between the City and myself. But, if the City would prefer that > direction, please advise. If not, my schedule is open both July 19th > and July 26th for a meeting at the City of Winter Springs. > > Thank you for your anticipated cooperation in this matter. > > Sincerely, > > Sherry K. Clifton, > > Appointed Personal Representative > > Estate of Mel D. Hall > > > > ________________________________ > > Confidentiality Note: This e-mail, and any attachment to it, contains information intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you. 535 SHERRY K. CLIFTON 2134 Pope Avenue, South Daytona, Florida (386)212-6876 July 9, 2021 City Commission City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 RE: Request for Appeal/629 Alton Road, Winter Springs Honorable City Commission: I am in receipt of correspondence dated June 10, 2021 from Shawn Boyle, City Manager, for the City of Winter Springs, of which I signed for on or about July 2nd. The reduction of $3,500 has been duly noted. However, I do not believe I would be acting responsibly as the personal representative for this estate, which includes 2 sons and a grandson, to accept a $31,860 fine to be paid on or before August 10, 2021. It should be noted the violations were for a broken fence gate, several small holes in a pool screen, and replacement of 2 soffit vent screens totaling less than $1,500. Of which the estate (myself) had completed all repairs within 30 days following my brother’s death. The estate also paid taxes, made additional repairs, as well as just recently contracted for a new roof (enclosed contract.), and retained a professional management company to obtain a proper lease with the current family. Improvements to the property will continue. All parties experienced great financial losses in 2020 due to the mandatory COVID shut downs. My brother was included in same as the owner of a small maintenance business. His health deteriorated as quickly as his finances. He took out second mortgage(s), credit card debt, etc., just to get by. At this point, the only option received is to request the Honorable City Commissions’ review same and consider an amount due that the estate can manage to resolve this matter (the estate is prepared to pay $3,500 at this time). To reiterate, this reduction is not for the benefit of myself but rather for the young 2 sons and grandson whom will never receive an additional monetary amount from their father to assist with their families or future(s) which is whom I am speaking on behalf of. Thank you for your anticipated consideration in this matter. Sincerely, Sherry K. Clifton Sherry K. Clifton, Appointed Personal Representative Estate of Mel D. Hall 536 7/28/2021 SCPA Parcel View: 02-21-30-502-0A00-0050 https://parceldetails.scpafl.org/ParcelDetailPrinterFriendly.aspx?PID=0221305020A000050 1/2 Property Record Card Parcel:02-21-30-502-0A00-0050 Property Address:629 ALTON RD WINTER SPRINGS, FL 32708 Parcel Information Parcel 02-21-30-502-0A00-0050 Owner(s)CLIFTON SHERRY K PER REP ESTATE OF MEL D HALL - PersonalRep Property Address 629 ALTON RD WINTER SPRINGS, FL 32708 Mailing 2134 POPE AVE SOUTH DAYTONA, FL 32119-4009 Subdivision Name NORTH ORLANDO RANCHES SEC 02 Tax District W1-WINTER SPRINGS DOR Use Code 01-SINGLE FAMILY Exemptions None - Apply For Homestead Online Agricultural Classification No - Additional Information Value Summary 2021 Working Values 2020 Certified Values Valuation Method Cost/Market Cost/Market Number of Buildings 1 1 Depreciated Bldg Value $110,332 $105,908 Depreciated EXFT Value $13,672 $12,472 Land Value (Market)$60,000 $52,000 Land Value Ag Just/Market Value **$184,004 $170,380 Portability Adj Save Our Homes Adj $0 $0 Amendment 1 Adj $0 $0 P&G Adj $0 $0 Assessed Value $184,004 $170,380 2020 Tax Amount without Exemptions:$2,762.32 2020 Tax Bill Amount $2,762.32 2020 Tax Savings with Exemptions:$0.00 * Does NOT INCLUDE Non Ad Valorem Assessments Legal Description LOT 5 BLK A NORTH ORLANDO RANCHES SEC 2 PB 12 PG 12 Taxes Taxing Authority Assessment Value Exempt Values Taxable Value SJWM(Saint Johns Water Management)$184,004 $0 $184,004 CITY WINTER SPRINGS $184,004 $0 $184,004 FIRE FUND $184,004 $0 $184,004 COUNTY GENERAL FUND $184,004 $0 $184,004 Schools $184,004 $0 $184,004 Sales Description Date Book Page Amount Qualified Vac/Imp PROBATE RECORDS 6/16/2021 09964 1376 $100 No Improved QUIT CLAIM DEED 1/1/2017 08844 0471 $100 No Improved SPECIAL WARRANTY DEED 9/1/2015 08552 0112 $139,000 Yes Improved SPECIAL WARRANTY DEED 8/1/2015 08540 1724 $134,100 No Improved SPECIAL WARRANTY DEED 7/1/2014 08453 0732 $100 No Improved CERTIFICATE OF TITLE 6/1/2014 08276 0476 $100 No Improved WARRANTY DEED 7/1/2007 06777 1843 $215,000 Yes Improved CORRECTIVE DEED 9/1/2003 05015 0955 $100 No Improved + – 537 7/28/2021 SCPA Parcel View: 02-21-30-502-0A00-0050 https://parceldetails.scpafl.org/ParcelDetailPrinterFriendly.aspx?PID=0221305020A000050 2/2 3 2.0 WARRANTY DEED 8/1/2003 04957 0052 $140,000 Yes Improved WARRANTY DEED 8/1/2001 04173 0403 $117,700 Yes Improved Page 1 of 2 (13 items)1 2 Land Method Frontage Depth Units Units Price Land Value LOT 1 $60,000.00 $60,000 Building Information # Description Year Built Actual/Effective Fixtures Bed Bath Base Area Total SF Living SF Ext Wall Adj Value Repl Value Appendages 1 SINGLEFAMILY 1981 6 1,210 1,672 1,210 CONCBLOCK $110,332 $136,634 Description Area GARAGE FINISHED 441.00 OPENPORCH FINISHED 21.00 Permits Permit # Description Agency Amount CO Date Permit Date 01462 POD - 07/11/2009 THRU 07/13/2009 Winter Springs $0 7/10/2009 01460 INSTALL SWIMMING POOL SCREEN ENCLOSURE Winter Springs $3,400 8/1/1998 01158 INSTALL IN-GROUND SWIMMING POOL Winter Springs $15,380 7/1/1998 Permit data does not originate from the Seminole County Property Appraiser’s office. For details or questions concerning a permit, please contact the building department of the tax district in which the property is located. Extra Features Description Year Built Units Value New Cost SCREEN ENCL 2 6/1/1998 1 $2,400 $6,000 POOL 1 6/1/1998 1 $10,200 $17,000 COVERED PATIO 1 6/1/1998 1 $400 $1,000 FIREPLACE 1 12/1/1981 1 $672 $1,680 Zoning Zoning Zoning Description Future Land Use FutureLandUseDescription R-1A Single Family-9000 Low Density Residential 538 539 WINTER SPRINGS POLICE DEPARTMENT o " "TERspPONCECODEENFORCEMENTDIVISION 300 North Moss Road -Winter Springs, FL 32708 sv ti Business (407) 327-1000- Fax(407) 327-6652 July 6, 2020 MEL D HALL 122 BEERSS CIR. LONGWOOD, FL 32750 Case#: 2020CE001564 Service Address: 629 ALTON ROAD WINTER SPRINGS, FL 32708 NOTICE OF CODE VIOLATION The above mentioned property has been inspected on the dates below. Please note the most recent date for the following violation: Inspector Date Code Officer Terri Guerra June 30,2020 Violation Description Comments/Corrections Needed IPMC 302.7 ACCESSORY STRUCTURE The screened in patio at residence has a large tear in one of the screens.There is also a taped patch on one of the screens that needs to be repaired. IPMC 302.1 SANITATION Black growth on the front of the house and on the wall on front of residence needs to be cleaned off. If any paint should chip off In the process that would need to be touched up with paint, WS City Ord. 13-2(b)JUNK&DEBRIS Garbage on the left side of the property. Pieced of wood, paint Containers and electrical cord. IPMC 304.9 OVERHANG EXTENSIONS Vent on left side of residence is loose and needs to be corrected before it falls out. WS CITY ORD.6-195 FENCES The fence door is falling apart. Slats needs to be replaced if broken and door needs to be able to be opened properly. If repair costs over 100.00 a permit will be needed from Winter Springs City Hall 407-327-1800. Failure to correct the violation(s)and to notify the Winter Springs Code Enforcement Division of the corrections will result in charges being brought against you before the City of Winter Springs Code Enforcement Board which has the power to levy fines up to$250.00 per day for first offenses or up to$500.00 for repeat offenses per day that the violation remains. Please note the date to have the cited violations corrected: Corrective Action Comments Due Date Notice of Code Violation See specific correction comments provided. August 10,2020 Municipal Code Code Text IPMC 302.7 All accessory structures, including detached garages, fences and walls,shall be maintained structurally sound and in good repair. IPMC 302.1 All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition State of Florida Accredited Agency 540 WS City Ord. 13-2(b) It shall be unlawful for any person to cause or permit junk, scrap metal, scrap lumber, wastepaper products, discarded building materials, or any unused abandoned vehicle, or abandoned parts, machinery or machinery parts, garbage,trash or other waste materials to be in or upon any yard, garden, lawn, outbuildings or premises owned, rented, leased or otherwise occupied by him/her in the city unless in connection with a business enterprise lawfully situated and licensed for the same. IPMC 304.9 All overhang extensions including,but not limited to canopies,marquees, signs,metal awnings, fire escapes,standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required,all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. WS City Ord. 6-195 All fences and walls and accessories thereto shall be maintained in good order and in a condition equal to that which was originally approved by the building official at the time a permit was issued. If for any reason the fence or wall was erected without a permit, said wall or fence shall be maintained in accordance with the conditions and requirements necessary for obtaining a fence or wall permit from the building official under this article. Within thirty (30) days receipt of written notice by the city that a wall or fence does not comply with the requirements of this section, a property owner shall bring such fence or wall in compliance with this section within thirty(30)days of receipt of such notice. The thirty-day period may be extended an additional thirty- day period by the city manager or the city manager's designee for good cause shown. Professionally, Code Officer Terri Guerra Certified Mailing Number: 7018 0680 0002 2900 1046 2 541 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY Complete Items 1,2,and 3. A. Signature Print your name and address on the reverse X Agent so that we can return the card to you.0 Addressee Attach this card to the back of the mailplece,B. Received by(Printed Name) C. Date of Delivery or on the front If space permits. 1. Article Addressed to: D. Is delivery address different from Item 1? 0 Yes If YES,enter delivery address below: 0 No lit Nn\ i Dc9-• 62. I 3)-7 0 I I IIIII III III I III III I I II IIIII I I I II II I III 30. Service Type Adult Signature Priority Mail Express® 0Reegisistereed MaIITM Adult Signature Restricted Delivery 0 R stored Mall Restricted 9 9402 4327 8190 6486 13 Certified MalRestricted Delivery Return Receipt for Certified Mail® ery v ' -4.dam 1_ 0 Collect on Delivery Merchandise 2. Article Number((i'ansfer from—ierifIceiiibe# 0 Collect on Delivery Restricted Delivery O Signature Conarnr—enTM Mali Signature Confirmation 7 018 0680 0002 2900 1046 flail Restricted Delivery Restricted Delivery f I PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt r U.S. Postal Service' CERTIFIED MAIL° RECEIPT J3 Jn Domestic Mail Only i i 0 0 For delivery information,visit our website at www.usps.comu. E n 0 TZ s ?F s'3 g, w o V r x ra v, 0 0 ` O l Certified Mail Fee a o Q IT" IT" $ wo rL 11.I Extra Services&Fees(check box,add fee as appropriate) p D Return Receipt(hardcopy) $ 2 LLwvi O O Return Receipt(electronic) $ Postmark LLO w I= 0 0 Ad ItS' Mail Restricted Delivery $ Here p.o `Lift Adult Signature Required $ a r` Adutt Signature Restricted Delivery$ W s rm. O 0 Postage Y t2 itwco w 0 c O Total Postage and FeesV 1 , )u 43 Sentifron O l let an f ,or Bo N r- r- t IP C lJ2 PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions 1 I li 542 543 544 1,NTE,, 4—SA o p Z o U• '"'' 1959 ' n CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CITY OF WINTER SPRINGS, COMPLAINT NO: 2020CE001564 PETITIONER, vs. RESPONDENT PARCEL OWNER: MEL D HALL 122 BEARSS CIR. LONGWOOD, FL 32750 NOTICE OF CODE BOARD HEARING Please take notice that at 5:30 P.M. on August 25, 2020 the Code Enforcement Board will hold a hearing to determine why you should not be found in violation of the City Code as follows. The hearing will be held at the Winter Springs City Hall located at 1126 East State Road 434,Winter Springs, Florida. Address of Violation:629 ALTON RD.WINTER SPRINGS, FL 32708 Property Owner Name: MEL D HALL Property Owner Address: 122 BEARSS CIR. LONGWOOD, FL 32750 The cited violations are as follows: IPMC 302.7, IPMC 304.9,WS CITY ORD. 6-195 If the Code Enforcement Board finds your property in violation of the above referenced City Code (s)you can be fined up to$250.00 per day for each day the violation continues and you can be charged for the costs that are incurred by the city in prosecuting the case. In the event violation fines and the costs are not paid within a reasonable time there can be a lien filed against the property in accordance with Florida State Statute Section 162.09. The hearing is conducted within guidelines of City of Winter Springs Code 2-60 and Florida State Statutes Chapter 162.You may appear in person or by an authorized representative. If you choose to not attend the hearing you can lose your right to present facts in this case.You have the right to present evidence, exhibits,written and oral testimony. The Code Board will subpoena witnesses on your behalf upon written request to the Code Board through the City of Winter Springs Clerk's Office. In the event that you appeal the Order of the Code Enforcement Board,you will be required to have an official record of the proceedings.You may,at your own expense, arrange for the official transcript of the testimony and evidence presented at the hearing. I certify a copy of this document was sent by Certified Mail on 08/11/2020, posted on the property, and at a government office as per Florida State Statute 162. Professionally, 31\.k,oatL_ CODE OFFICER TERRI GUERRA Certified Mail: 7018 1830 0001 0778 9691 FIRST CLASS 545 I i SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY Complete items 1,2,and 3. A. Signature Print your name and address on the reverse X 0 Agent so that we can return the card to you.0 Addressee Attach this card to the back of the maiiplece,B. Received by(Printed Name) C. Date of Delivery or on the front If space permits. 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes If YES,enter delivery address below: 0 No la a tIfrtesizi3c ,2 Lcccuoc rL Ja--103 111111 III III IIII III I I I IIII II 1 II 1111 III 3. o Signature Type Restricted Delivery Mall Express@ R Priority Registered Mall Restricted 9590 4 2 181190 6543 62 CCertmed Malli Restricted Delivery )0 cipttor gyp L- Collect on Delivery 2. Article Num '(Transfer from service libel) 0 Collect on Delivery Restricted Delivery 0 Signature Confimrationra n b,c,Mid Mau CI Signature Confirmation 7 018 18 3 0 0 0 01 0 7 7 8 9 6 91 ell Restricted Delivery Restricted Delivery I PS Form 3811,July 2015 PSN 7530-02-000-9059 Domestic Return Receipt U.S. Postal Service rg CERTIFIED MAIL° RECEIPTrl p^ Cr Domestic Mail Onlyrcrommummin _0 Z p- Er For delivery information,visit our website at www.usps.com®. C Ow E cO 0 o Q Certified Mail Fee ii Q O a Extra Services R Fees(check box,add fee as appropriate) El Return Receipt(hardcopy) $ z 2 O D ci Return Receipt(electronic) $ PostmarkW o w CICI Certified Mail Restricted Delivery $ Here o.C ,_ D D Adult Signature Required $2 in a Adult Signature Restricted Delivery$tii5 g liftm r Postage 6 ir, co co $ y u Sri ,-R r Total Postage and Fees n ' C- ra r1 1 n-l 1. S,c,_ pt , PO Box No. ^ 114l1 l' ` Cit/State,ZIP+ (.. - L PS Form 380G,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions _ 546 etRbYgy,.,_WINTER SPRINGS POLICE DEPARTMENT POLICE CODE ENFORCEMENT DIVISION u"am1"9"54 300 North Moss Road -Winter Springs, FL 32708 ti Business (407) 327-1000 - Fax (407) 327-6652 AFFIDAVIT OF POSTING The following properties have been posted with the NOTICE OF CODE BOARD HEARING 629 ALTON RD. WINTER SPRINGS, FL 32708 AND 1126 E STATE ROAD 434 WINTER SPRINGS, FL 32708 City of Winter Springs Case Number 2020CE001564 Posted on the following date: August 11, 2020 The undersigned swears and affirms that the property has been posted: Ce Rfl ' mnATURE OFC TERRI GUERRA i0jrk_ µP SHELLY C RRANASTr `: : Notary Public-State ofFlorida Q ' (.=2()Commission N GG 118620 ' NO IGNATURE t, DATE 0: My Comm.Expires Jun 25,2021 Hooded through National Notary Assn. 547 548 549 550 551 552 553 554 555 556 557 558 559 Code Enforcement Division 2020CE001564 629 Alton Rd. Owner: Mel D Hall IPMC 302.7 Accessory Structures IPMC 304.9 Overhang Extensions WS City Ord. 6-195 Maintenance Of Fences 560 Code Enforcement Division Date of Service: August 11, 2020 Inspector – Terri Guerra 561 Code Enforcement Division • July 1, 2020 I received a complaint regarding the fence at 627 Alton Rd. I asked neighbor at 629 if I could go on to his property to see the violation. While there I noticed tear in the pool enclosure. Also the fence at 629 was falling as well. Also the vent was falling out of overhang extension. I sent NCV to the owner. • July 8, 2020 the notice was delivered to the owner. 562 Code Enforcement Division • August 11, 2020 I posted Code Board Notice at the property and City Hall. I also sent notice certified and first class to the owner. • August 13, 2020 notice was delivered. • There has been no contact from the owner. 563 Fence falling 06/30/2020 564 Rips in pool screen 06/30/2020 565 Taped pool screen 06/30/2020 566 Sanitation 06/30/20 (has been corrected)567 Vents 06/30/2020 568 Black Growth 08/18/2020 569 Black Growth 08/18/2020 570 Debris on the side of residence 08/18/2020 571 Overhang extension and black growth 08/18/2020 572 Fence 08/18/2020 573 Fence 08/18/2020 574 Enclosure 08/18/2020 575 Enclosure 08/18/2020 576 Code Enforcement Division I am recommending the Board find the property in violation and impose a fine of 150.00 a day if found in non-compliance. The owner should be given until September 15,2020 to comply. 577 City of Winter Springs Code Enforcement Division Code Board February 23, 2021 **NON-COMPLIANCE CASE** Case: 2020CE001564 Address:629 Alton Rd. Parcel: 02-21-30-502-0A00-0050 Property Owner(s):Mel D Hall Violation(s): WS City Ord. 6-195 Maintenance of Fences 578 City of Winter Springs Code Enforcement Division Code Board February 23, 2021 Violation(s): IPMC 302.7 Accessory Structure IPMC 304.9 Overhang Extensions Original Hearing Date: August 25, 2020 Inspector: Terri Guerra 579 Code Enforcement Division Timeline of Events On August 25, 2020 I presented this case to the board. The resident was found to be in violation, and a corrective action date of September 15, 2020 was afforded. If not corrected, a fine of 150.00 per day would be assessed. During my re-inspection, the resident was still in violation. On January 28, 2021 I posted the non-compliance notice of hearing at property and City Hall. I also sent the notice certified and first class to the owner. 580 Photos of violations Original 581 Photos of violations Original 582 Photos of violations Original 583 Photos of violations Original 584 Photos of violations 585 Photos of violations 586 Recommendations •In regards to this case, I recommend the original order from the Board be imposed as a 150.00 fine per day until all the violations are in compliance. 587