Loading...
HomeMy WebLinkAbout_2021 12 13 City Commission Regular Meeting AgendaCITY COMMISSION REGULAR MEETING AGENDA MONDAY, DECEMBER 13, 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 Proclamation to VFW 101. Wastewater Treatment Process Selection Carollo.pdf 102. Central Florida Expressway Authority 2045 Master Plan INFORMATIONAL AGENDA 200. Current Development Projects Summary 20211213 Agenda Item #200 Projects Summary.pdf 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. Sissine’s Business Solutions- Copier Lease City of Winter Springs - Sissine's Lease Packet 12-1-2021.pdf 301. Purchase of Three (3) Ford F150 Trucks Funded by Water & Sewer Utility Appropriation from Fund Balance. Consent Agenda Item - 3 F150 Vehicle Purchase 12.13.2021 prestige quote.pdf Consent Agenda Item - 3 F150 Vehicle Purchase 12.13.2021 alanjay.pdf Consent Agenda Item - 3 F150 Vehicle Purchase 12.13.2021 duval fleet.pdf 302. Resolution Authorizing the City to join MOU and agreements for opioid settlement funds Resolution 2021-25 Exhibit A to Resolution 2021-25 4-13-21 Letter to Subdivisions&Enclosures.pdf 303. 2022 City Events & Programs 2 2022 City Events and Programs Calendar 304. Approval of Minutes from the Monday, September 20, 2021 City Commission Special Meeting Minutes 305. Approval of Minutes from the Monday, November 8, 2021 City Commission Regular Meeting Minutes PUBLIC HEARINGS AGENDA 400. Final adoption of Ordinance 2021-06, an Ordinance of the City Commission of the City of Winter Springs, Florida, amending the text of the City’s Comprehensive Plan to include a Property Rights Element as required by law. Ordinance 2021-06 Property Rights Element CTY. WINTER SPRS. 21-01ESR (Property Rights).pdf 2021-06 Property Rights Ad.pdf 401. Review of Ordinance 2021-07, an Ordinance of the City Commission of the City of Winter Springs, Florida, amending the text of the City’s Comprehensive Plan related to the Capital Improvements Element. Ordinance 2021-07 EAR Based Amendments Capital Improvements Element.pdf CC_20211213_CI Element_FINAL wstrikethough_.pdf Legal Ad_CI Element Ordinance 2021-07.pdf 402. Approval on First Reading Ordinance 2021-09 amending Section 20-452 of the City Code related to Home Occupations or Home Offices to comply with recent legislation adopted by the Florida legislature related to Home-Based Businesses. Ordinance 2021-09 Home Based Businesses_20211104 Ord. 2021-09 Home Based Businesses_Legal Ad REGULAR AGENDA 500. Non-Binding Preliminary Review for Lake Emma Properties, LLC Lake Emma Properties, LLC Non-Binding App_20211001.pdf Winter_Springs_Townhomes_Presentation_10-25-2021__1_.pdf 501. Selection of a Communications and Branding Services Vendor RFP 1021.pdf Addendum 1.pdf Addendum 2.pdf Consensus.pdf 3 BFT RFP 10–21 CH.pdf Guide - Communications and Branding Services Proposal 2021 Oct 29 502. 2022 Calendar of Meetings and Holidays Proposed 2022 Calendar 503. Deputy Mayor Nomination 504. Appointment Opportunities for City Boards and Committees 505. New Business REPORTS 600. City Manager Shawn Boyle 601. City Attorney Anthony A. Garganese 602. City Clerk Christian Gowan 603. Mayor Kevin McCann 604. Seat One Commissioner Matt Benton 605. Seat Two Commissioner Kevin Cannon 606. Seat Three Commissioner/Deputy Mayor Ted Johnson 607. Seat Four Commissioner TiAnna Hale 608. Seat Five Commissioner Rob Elliott 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 4 286.0105 Florida Statutes. 5 AWARDS AND PRESENTATIONS ITEM 101 CITY COMMISSION AGENDA | DECEMBER 13, 2021 REGULAR MEETING TITLE Wastewater Treatment Process Selection SUMMARY This presentation is a overview of the selection methodology the city is using to choose wastewater treatment processes that will drive the design of the new wastewater plants. RECOMMENDATION 6 East & West Water Reclamation Facilities (WRF) Conceptual Design Report (CDR) Kickoff Meeting Background & Initial Process Screening 11/10/21 7 Filename.ppt/2Agenda •Introduction to AWT •CDR Discussion Universe of Alternatives Structured Decision Analysis Process Phasing 2 8 00_SFWRF Kickoff Mtg Presentation_090519.pptxAWT What is it and Why is it relevant? 9 00_SFWRF Kickoff Mtg Presentation_090519.pptxWhat is AWT? •Advanced Waste Treatment (AWT)is Defined in 403.086(4), F.S. : −cBOD5 – 5.0 mg/L −TSS – 5.0 mg/L −TN – 3.0 mg/L −TP – 1.0 mg/L −High-Level Disinfection (HLD) as Required in 62-600.440(6) Already Meeting HLD 10 00_SFWRF Kickoff Mtg Presentation_090519.pptxWhy is AWT Relevant & When is it Needed? •AWT is Needed for: −Surface Water/Backup Discharges S.B. 64 and Push for Reuse −Direct Potable Reuse/Indirect Potable Reuse (DPR/IPR) Projects Operability & Performance Considerations –e.g., Calcium Phosphate Scaling and Membrane Filtration •Stricter Nutrient Criteria is Expected in the Future −SJRWMD BMAPs and TMDLs −Reuse Effluent Limits on Nutrients (N and P) •In summary, AWT might not be needed today, but should be considered when planning for the future Source:http://flrules.elaws.us/fac/40c-41.023 11 00_SFWRF Kickoff Mtg Presentation_090519.pptxWhy is AWT Relevant & When is it Needed? •AWT is Needed for: −Surface Water/Backup Discharges S.B. 64 and Push for Reuse −Direct Potable Reuse/Indirect Potable Reuse (DPR/IPR) Projects Operability & Performance Considerations –e.g., Calcium Phosphate Scaling and Membrane Filtration •Stricter Nutrient Criteria is Expected in the Future −SJRWMD BMAPs and TMDLs −Reuse Effluent Limits on Nutrients (N and P) •In summary, AWT might not be needed today, but should be considered when planning for the future Source:http://flrules.elaws.us/fac/40c-41.023 12 00_SFWRF Kickoff Mtg Presentation_090519.pptxCDR DISCUSSION Universe of Alternatives & Technology Screening 13 00_SFWRF Kickoff Mtg Presentation_090519.pptxCDR – Alternatives Screening Process For Each Plant, Will Review “Universe of Options” Technologies grouped by “Family” Initial Screening of Technologies Best Suited to Achieve AWT Apply Structured Decision Analysis to Select Two Alternatives (per WRF) to Meet City’s Needs Prepare Conceptual Designs for the Two Shortlisted Technologies •Goal of screening process is to provide city with a defendable document to protect against scrutiny, second-guessing, and unfounded processes/technologies •Will build reliability and redundancy into system design 14 00_SFWRF Kickoff Mtg Presentation_090519.pptx15 00_SFWRF Kickoff Mtg Presentation_090519.pptx16 00_SFWRF Kickoff Mtg Presentation_090519.pptxSingle Sludge: •Multi-Stage −5-Stage Bardenpho −NDN Separation Cascade −BCFS −Step-Feed BNR −Membrane Bioreactor •Multi-Phase −BiodeniphoTM −Sequox© −SBR −MSBR AWT-Capable Technologies Ballasted Activated Sludge: •Aerobic Granular Sludge −NeredaTM •Ballasted Activated Sludge −BioMagTM −NuvodaTM Attached Growth: •Moving Bed −MBBR −IFAS 17 00_SFWRF Kickoff Mtg Presentation_090519.pptxSingle Sludge: •Multi-Stage −5-Stage Bardenpho −NDN Separation Cascade −BCFS −Step-Feed BNR −Membrane Bioreactor •Multi-Phase −BiodeniphoTM −Sequox© −SBR −MSBR AWT-Capable Technologies Ballasted Activated Sludge: •Aerobic Granular Sludge −NeredaTM •Ballasted Activated Sludge −BioMagTM −NuvodaTM Attached Growth: •Moving Bed −MBBR −IFAS --- “Representative Family Members” Note:Each alternative will be scored based on City-approved evaluation criteria 18 00_SFWRF Kickoff Mtg Presentation_090519.pptxExample: Technical Fact Sheet (to be included in CDR) 19 00_SFWRF Kickoff Mtg Presentation_090519.pptxBiological Nutrient Removal (BNR) – 5 Stage Modified Bardenpho 20 00_SFWRF Kickoff Mtg Presentation_090519.pptxEx: 5-Stage Modified Bardenpho Parameters Description Proprietary Process/Equipment None known. No sole-sourced or proprietary equipment required. National Experience/Success Many plants in Florida and elsewhere have been successfully using the CAS process for BNR. Process Reliability Reliable and well-proven in United States. Major Advantages Consistently meets TN goal of 3 mg/L and TP goal of 1 mg/L. Operations familiarity, does not require additional training. Large local/national peer community available for Operations to reach out for troubleshooting. Major Drawbacks Requires larger footprint compared to other alternatives. Pre-Treatment Requirements Single-stage screening and grit removal. Operational Considerations Similar to current operations. Chemical Requirements Possible use of alum or ferric chloride for phosphorus removal during process upsets. Possible use of supplemental carbon depending on carbon to nitrogen ratio in the influent wastewater. Footprint Larger footprint required compared to alternative configurations. Residuals Management Increased WAS production due to nitrogen and phosphorus removal. However, increase is comparable to other treatment configurations. Energy Use Moderate energy use compared to other technologies. Ease of Expansion/Upgrade Expansion would require additional parallel trains. Impact on Neighbors Noise and odor comparable to other configurations. 21 00_SFWRF Kickoff Mtg Presentation_090519.pptxCDR DISCUSSION Structured Decision Analysis “101” How Do We Shortlist to Two Alternatives? 22 00_SFWRF Kickoff Mtg Presentation_090519.pptxScreen to AWT- Capable Alternatives Structured Decision Analysis: Overview Score Alternatives Against Evaluation Criteria Define Evaluation Criteria Decision Model Identify Relative Importance (Weight) of Each Criterion 23 00_SFWRF Kickoff Mtg Presentation_090519.pptxStructured Decision Analysis: Evaluation Criteria Primary Evaluation Criteria a Sub-Criteria 1. Established Technology •No. of installations in US and FL of similar capacity •Maturity of process technology 2. Treatment Effectiveness •Ability to consistently meet FL AWT limits •Robustness of treatment •Redundancy and reliability 3. Operability •Safe work environment, operational flexibility/complexity, staffing requirements •Process monitoring & control effectiveness •Chemical requirements •Maintenance requirements 4. Constructability & Sequencing (Implementability) •Safe construction •Maintain plant operations and minimize shutdowns (phasing/sequencing) •Potential schedule impacts •Space requirements for construction •Permitting and OSHA/NFPA requirements 5. Footprint & Flexibility for Future Upgrades •Footprint required •Expandability •Adaptability for future regulations or effluent uses 6. Community Acceptability •Aesthetics (e.g., odor control, noise, and visual aesthetics) •Truck traffic impacts •Sustainability (e.g., energy use and solids handling) a.Weighting to be determined via a Paired Comparison exercise 24 00_SFWRF Kickoff Mtg Presentation_090519.pptxSummary of Technologies Treatment Process Established Technology Ability to Meet AWT Operability Constructability & Sequencing Footprint Community Acceptability Conventional BNR MBR SBR Nereda (Europe) ? Nuvoda IFAS 25 00_SFWRF Kickoff Mtg Presentation_090519.pptxScreen to AWT- Capable Alternatives Structured Decision Analysis: Overview Score Alternatives Against Evaluation Criteria Define Evaluation Criteria Decision Model Two Shortlisted Technologies Will be Produced Identify Relative Importance (Weight) of Each Criterion* *- City to select staff that will participate in weighting exercise (e.g., Operations, City Engineers, and other Stakeholders) 26 00_SFWRF Kickoff Mtg Presentation_090519.pptxPaired Comparison Exercise Which criterion is more important to me in choosing an AWT process? vs. vs. vs. vs. Established Technology Established Technology Established Technology Treatment Effectiveness Treatment Effectiveness Operability Constructability Operability 27 00_SFWRF Kickoff Mtg Presentation_090519.pptxPaired Comparison Exercise (Homework for you) Write your name & date when this is filled out Check a box in each row to indicate your priorities 28 00_SFWRF Kickoff Mtg Presentation_090519.pptxBNR Process Phasing Improving Effluent Water Quality Build for Today, but Plan for the Future 29 Conventional Activated Sludge (CAS): Current Treatment Scheme INF EFF AE Clarifier Filtration WAS RAS Capable of Achieving BOD Removal and Some Nitrification (Secondary Treatment) Nitrification: NH4 → NO3- [NH4 - N] < 1 mg/L [NO3-- N] ~ 25 – 30 mg/L Note: All alternatives will include filtration to meet PAR requirements 30 BNR Process: Phase 1 INF EFF AX AE Clarifier Filtration WAS RAS Capable of Achieving BOD and Partial Nitrogen Removal Denitrification: NO3-→ N2 (g) [NH4 - N] < 1 mg/L [NO3-- N] ~ 10 – 15 mg/L 31 BNR Process: Phase 1.5 Capable of Achieving BOD and Improved Nitrogen Removal Denitrification: NO3-→ N2 (g) [NH4 - N] < 1 mg/L [NO3-- N] < 10 mg/L INF EFF 1st AX AE Clarifier Filtration RAS IR WAS 32 BNR Process: Phase 2 Capable of Achieving BOD and “Complete” Nitrogen Removal Denitrification: NO3-→ N2 (g) [NH4 - N] < 1 mg/L [NO3-- N] < 2 mg/L [TN] < 3 mg/L INF EFF 1st AX AE 2 nd AX Clarifier FiltrationRe-AE WAS RAS IR 33 BNR Process: Phase 3 “Build-Out” Capable of Achieving Complete Nitrogen and Phosphorus Removal (AWT) Effluent Water Quality: [cBOD5] ≤ 5 mg/L [TSS] ≤ 5 mg/L [TN] ≤ 3 mg/L [TP] ≤ 1 mg/L WAS INF EFF AN 1 st AX AE 2 nd AX Clarifier Filtration RAS Re-AE IR 34 00_SFWRF Kickoff Mtg Presentation_090519.pptxBNR Process Phasing Improving Effluent Water Quality Now, how would this look at Winter Springs? 35 36 37 38 39 40 41 42 00_SFWRF Kickoff Mtg Presentation_090519.pptxNext Steps 43 00_SFWRF Kickoff Mtg Presentation_090519.pptxThis Week… Develop Conceptual Designs and Costs YOU conduct paired comparison exercise Carollo takes Carollo takes your input, identifies 3 most suitable alternatives Next Week… 44 00_SFWRF Kickoff Mtg Presentation_090519.pptxThank You Questions? 45 00_SFWRF Kickoff Mtg Presentation_090519.pptxCurrent Treatment Review of Permit Effluent Requirements 46 00_SFWRF Kickoff Mtg Presentation_090519.pptxCurrent Permitted Treatment Requirements East WRF:West WRF: R-003: RIB System •[cBOD5] ≤ 30 mg/L (1) •[TSS] ≤ 30 mg/L (1) •[NO3-- N] ≤ 12 mg/L (2) •Fecal Coliform ≤ 200 #/100 mL (5) R-002: Sprayfield •[cBOD5] ≤ 30 mg/L (1) •[TSS] ≤ 30 mg/L (1) •Fecal Coliform ≤ 200 #/100 mL (5) R-001: PAR/RIB/Sprayfield •[cBOD5] ≤ 30 mg/L (1) •[TSS] ≤ 5 mg/L (2) •[NO3-- N] ≤ 12 mg/L (2) •[TN] - Report •[TP] – Report •Fecal Coliform ≤ 25 #/100 mL (3) R-001: PAR System •[cBOD5] ≤ 30 mg/L (1) •[TSS] ≤ 5 mg/L (2) •[TN] - Report •[TP] – Report •Fecal Coliform ≤ 25 #/100 mL (4) Note:1 – Monthly Average2 – Single Sample Maximum3 – Single Sample Maximum (Samples Collected 4 days/week)4 – Single Sample Maximum (Samples Collected 7 days/week)5 – Monthly Geometric Mean (Samples Collected Weekly) 47 AWARDS AND PRESENTATIONS ITEM 102 CITY COMMISSION AGENDA | DECEMBER 13, 2021 REGULAR MEETING TITLE Central Florida Expressway Authority 2045 Master Plan SUMMARY CFX (Central Florida Expressway Authority) is gathering input from stakeholders in Brevard, Lake, Orange, Osceola and Seminole counties to help shape its 2045 Master Plan, a long-range planning study that identifies potential transportation projects during the next 25 years. CFX’s Master Plan guides future operations and capital investment decisions and serves as the basis for the agency’s Five-Year Work Plans. RECOMMENDATION No action is required. 48 INFORMATIONAL AGENDA ITEM 200 CITY COMMISSION AGENDA | DECEMBER 13, 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. 49 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, Waiver, & Aesthetic Plans approved by the CC 10/25/2021. Building Permits under review. Dream Finders Townhomes (Seminole Crossing): 114 Single-Family Homes (Attached) 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. Site work complete. Site acceptance complete on 07/12/2021. Single-Family Homes are under construction. Hickory Grove Townhomes 133 Single-Family Homes (Attached) Northeast of Bear Springs Drive and Blumberg Blvd A Non-Binding review was held at the CC on 02/25/2021. Community Workshop was held on 08/26/2021. 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 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 Tuskawilla Crossings: 379 Single-Family Homes (detached) Town Center DA, Final Engineering, Waivers, & Aesthetics approved by CC on 04/24/17. Plat approved 08/13/18. Site acceptance complete. Currently 371 Single-Family Homes are permitted and/or completed with 8 remaining. 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. Medical Office Building under construction. 50 Page 2 of 2 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. Aesthetic Plans for Chipotle approved by the CC on 08/09/2021. Site work started. Crunch Fitness, Dollar Tree, and Dental 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. Estimated construction completion date is 01/22. 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 51 CONSENT AGENDA ITEM 300 CITY COMMISSION AGENDA | DECEMBER 13, 2021 REGULAR MEETING TITLE Sissine’s Business Solutions- Copier Lease SUMMARY The City's current copier fleet is leased through Konica Minolta. There are six total copiers, each with their own lease lifecycle and term length. The City has worked, unsuccessfully, with Konica to combine the contracts to have one annual renewal. Sissine’s Business Solutions, will swap out 5 of the 6 copiers with ones of their own on a single streamlined lease for $917 per month; a cost reduction to the City. The sixth copier will be replaced at lease end in 2024. In addition, Sissine’s agreement with the City would provide for additional services not currently provided under our existing lease - such as timed toner replacement based on automatic meter reads and electronic faxing. Omnia Partners Public Sector Contract Number 4400003732 Omnia Contract [LINK] *Note – Cost comparison attached reflects a recent request from Community Development to change East copier to a higher capacity model not currently provided by Konica RECOMMENDATION Staff recommends that the City Commission approve a one year lease agreement, renewable on on annual basis, with Sissine's Office Systems, Inc. for copiers under the terms and conditions of the U.S. Communities Ricoh contract and authorize the City Manager to execute the U.S. Communities Product Schedule, U.S. Communities Master Lease Agreement, U.S. Communities Master Lease Agreement Addendum City of Winter Springs, Florida, Sissine's Business Solutions Sales Order, and Sissine's Business Solutions Service Level Agreement. 52 Page 1 of 1 73108v1 U.S. Communities Product Schedule Product Schedule Number: _____________________ Master Lease Agreement Number: ______________ This U.S. Communities Product Schedule (this “Schedule”) is between _Sissine Office System_ (“Company”, “we” or “us”) and City of Winter Springs_, as customer or lessee (“Customer” or “you”). This Schedule constitutes a “Schedule,” “Product Schedule,” or “Order Agreement,” as applicable, under the U.S. Communities Master Lease Agreement (together with any amendments, attachments and addenda thereto, the “Lease Agreement”) identified above, between you and Sissine Office System. All terms and conditions of the Lease Agreement are incorporated into this Schedule and made a part hereof. If we are not the lessor under the Lease Agreement, then, solely for purposes of this Schedule, we shall be deemed to be the lessor under the Lease Agreement. It is the intent of the parties that this Schedule be separately enforceable as a complete and independent agreement, independent of all other Schedules to the Lease Agreement. CUSTOMER INFORMATION Customer (Bill To)Billing Contact Name Product Location Address Billing Address (if different from location address) City County State Zip City County State Zip Billing Contact Facsimile Number Billing Contact E-Mail Address PRODUCT/EQUIPMENT DESCRIPTION (“Product”) Qty Product Description: Make & Model Qty Product Description: Make & Model 1 Ricoh IM C4500 w/ 4 Trays, Finisher and Fax (CH East Mailroom) 1 Ricoh IM C4500 w/ 4 Trays, Finisher and Fax (CH West Mailroom) 1 Ricoh IM 430F w/ 2 Trays & Cabinet (PD Record / Lobby) 1 Ricoh IM C4500 w/ 4 Trays, Finisher, & Fax (PD Patrol) PAYMENT SCHEDULE Minimum Term (months) Minimum Payment (Without Tax) Minimum Payment Billing Frequency Monthly Quarterly Other: _______________________ Advance Payment 1st Payment 1st & Last Payment Other: _______________________ 60 $916.58 Sales Tax Exempt: YES (Attach Exemption Certificate) Customer Billing Reference Number (P.O. #, etc.) _______________________________ Addendum(s) attached: YES (check if yes and indicate total number of pages: ______) TERMS AND CONDITIONS 1. The first Payment will be due on the Effective Date. If the Lease Agreement uses the terms “Lease Payment” and “Commencement Date” rather than “Payment” and “Effective Date,” then, for purposes of this Schedule, the term “Payment” shall have the same meaning as “Lease Payment,” and the term “Effective Date” shall have the same meaning as “Commencement Date.” 2. You, the undersigned Customer, have applied to us to rent the above-described Product for lawful commercial (non-consumer) purposes. THIS IS AN UNCONDITIONAL, NON-CANCELABLE AGREEMENT FOR THE MINIMUM TERM INDICATED ABOVE, except as otherwise expressly provided in any provision of the Lease Agreement. If we accept this Schedule, you agree to rent the above Product from us, and we agree to rent such Product to you, on all the terms hereof, including the terms and conditions of the Lease Agreement. THIS WILL ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS SCHEDULE AND THE LEASE AGREEMENT AND HAVE RECEIVED A COPY OF THIS SCHEDULE AND THE LEASE AGREEMENT. 3. Additional Provisions (if any) are: __________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________ THE PERSON SIGNING THIS SCHEDULE ON BEHALF OF THE CUSTOMER REPRESENTS THAT HE/SHE HAS THE AUTHORITY TO DO SO. CUSTOMER By: X_________________________________________________________ Authorized Signer Signature Printed Name: __________________________________________________ Title: ________________________________________ Date: ___________ Accepted by: _________________________________________ By: ___________________________________________________________ Authorized Signer Signature Printed Name: __________________________________________________ Title: ________________________________________ Date: ___________ Ricoh IM C2500 w/ 2 Trays & Fax (PW Admin) 1 City of Winter Springs 1126 E State Road 434 Winter Springs Seminole FL 32708 Billing Contact Telephone Number407-327-7571 Jonathan Duryea jduryea@winterspringsfl.org Regional Vice President of Sales 12/1/2021 Michael Sanguine Michael Sanguine 53 Page 1 of 4 (Rev. 06.19) Number: _____________________________ CUSTOMER INFORMATION Full Legal Name Address City State Zip Contact Telephone Number Federal Tax ID Number Facsimile Number E-mail Address (Do Not Insert Social Security Number) This U.S. Communities Master Lease Agreement (“Lease Agreement”) has been written in clear, easy to understand English. When we use the words “you”, “your” or “Customer” in this Lease Agreement, we mean you, our customer, as indicated above. When we use the words “we”, “us” or “our” in this Lease Agreement, we mean ________________________________________ (“Company”) or, if we assign this Lease Agreement or any Schedules executed in accordance with this Lease Agreement, pursuant to Section 13 below, the Assignee (as defined below). Our corporate office is located at __________________________________, ___________________, _______ ___________. 1. Agreement. This Lease Agreement is executed pursuant to the contract by and between Ricoh USA, Inc. (successor-in-interest to Ricoh Americas Corporation) (“Ricoh”) and Fairfax County (the “County”) on behalf of the U.S. Communities Government Purchasing Alliance and all public agencies, non-profits and higher education entities (“Participating Public Agencies”), having a Contract ID number of 4400003732 and the contract period is from February 11, 2013 to June 30, 2022 (the “Contract Period”), including any and all exercised renewal periods, (the “Contract”). Notwithstanding the foregoing, any Schedule entered into during the Contract Period shall continue in full force and effect for the entire lease term set forth in the Schedule. We agree to lease or rent, as specified in any equipment schedule executed by you and us and incorporating the terms of this Lease Agreement by reference (a “Schedule”), to you, and you agree to lease or rent, as applicable, from us, subject to the terms of this Lease Agreement and such Schedule, the personal and intangible property described in such Schedule. The personal and intangible property described on a Schedule (together with all attachments, replacements, parts, substitutions, additions, repairs, and accessories incorporated in or affixed to the property and any license or subscription rights associated with the property) will be collectively referred to as “Product.” The manufacturer of the tangible Product shall be referred to as the “Manufacturer.” To the extent the Product includes intangible property or associated services such as periodic software licenses and prepaid data base subscription rights, such intangible property shall be referred to as the “Software.” 2. Schedules; Delivery and Acceptance. This Lease Agreement shall consist of the terms and conditions of the Contract and this Lease Agreement and any Schedule issued pursuant thereto. As it pertains to this Lease Agreement, the order of precedence of the component parts of the Lease Agreement shall be as follows: (a) the terms and conditions of this Lease Agreement and Schedule issued pursuant thereto, and (b) the terms and conditions of the Contract. The foregoing order of precedence shall govern the interpretation of this Lease Agreement in cases of conflict or inconsistency therein. Each Schedule that incorporates this Lease Agreement shall be governed by the terms and conditions of this Lease Agreement and the Contract, as well as by the terms and conditions set forth in such individual Schedule. Each Schedule shall constitute a complete agreement separate and distinct from this Lease Agreement and any other Schedule. In the event of a conflict between the terms of this Lease Agreement and any Schedule, the terms of such Schedule shall govern and control, but only with respect to the Product subject to such Schedule. The termination of this Lease Agreement will not affect any Schedule executed prior to the effective date of such termination. When you receive the Product and it is installed, you agree to inspect it to determine it is in good working order. Scheduled Payments (as specified in the applicable Schedule) will begin on or after the Product acceptance date (“Effective Date”). You agree to sign and return to us a delivery and acceptance certificate (which may be done electronically) within five (5) business days after any Product is installed confirming that the Product has been delivered, installed, and is in good condition and accepted for all purposes under the Lease Agreement. 3. Term; Payments. (a) The first scheduled Payment (as specified in the applicable Schedule) (“Payment”) will be due on the Effective Date or such later date as we may designate. The remaining Payments will be due on the same day of each subsequent month, unless otherwise specified on the applicable Schedule. To the extent not prohibited by applicable law, if any Payment or other amount payable under any Schedule is not received within ten (10) days of its due date, you will pay to us, in addition to that Payment, a one-time late charge of 5% of the overdue Payment (but in no event greater than the maximum amount allowed by applicable law). To the extent not prohibited by applicable law, you agree to pay $25.00 for each check returned for insufficient funds or for any other reason. (b) In the event that Customer terminates the Maintenance Agreement (as hereunder defined) between Customer and the Servicer relating to the Product provided hereunder due to a material breach by Servicer of its service obligations, including any Product service levels specified therein, which remained uncured for thirty (30) days following written notice of breach (in the manner expressly permitted by and in accordance with such Maintenance Agreement), Company shall use reasonable efforts to assist Customer in selecting a replacement Servicer. This Section 3(b) shall not alter, restrict, diminish or waive the rights, remedies or benefits that Customer may have against Servicer under the Maintenance Agreement. (c) A Schedule may be terminated in whole or in part by the Customer in accordance with this Section 3(c) whenever the Customer shall determine that such a termination is in the best interest of the Customer. Any such termination shall be effected by delivery to Company, at least thirty (30) working days prior to the effective date of such termination date, of a notice of termination specifying the extent to which performance shall be terminated. In the event of such termination, Customer agrees to return the Product to us in the manner required under Section 14 of this Lease Agreement and to pay to us (as compensation for loss of our bargain and not as a penalty), with respect to such terminated Product, financed Software and any Software Licenses, an amount which shall be equal to the monthly Payment for such Product, financed Software and/or Software License, as applicable, times the number of months remaining in the term of such Schedule (or any renewal of such Schedule) and/or any financing agreement with respect to the financed Software and/or Software License, plus any other amounts then due and payable under this Lease Agreement, Schedule and/or financing agreement with respect to such Product, Software and/or Software License, including, but not limited to, any lease payments and maintenance payments. Company shall supply the Customer with the actual number of Payments remaining and the total amount due, and the Customer shall be relieved of all unpaid amounts for anticipated profit on unperformed services under any Maintenance Agreement (including any amount included in the monthly Payment that is attributable to maintenance, supplies, or any other service cost). U.S. Communities Master Lease Agreement ___________ Customer Initials City of Winter Springs, Florida 1126 East State Road 434 Winter Springs FL 32708 Jonathan Duryea 407-327-7571 407-327-4753 jduryea@winterspringsfl.org Sissine's Office Systems 59-1026364 6123 Phillips Highway Jacksonville FL 32216 54 . Page 2 of 4 (Rev. 06.19) (d) You also agree that, except (a) as set forth in Section 18 below entitled “State and Local Government Provisions” and (b) for the best interest of the Customer as set forth in Section 3(c), THIS IS AN UNCONDITIONAL, NON-CANCELABLE AGREEMENT FOR THE MINIMUM TERM INDICATED ON ANY SCHEDULE TO THIS LEASE AGREEMENT. All Payments to us are “net” and unconditional and are not subject to set off, defense, counterclaim or reduction for any reason. You agree that you will remit payments to us in the form of company checks (or personal checks in the case of sole proprietorships), direct debit or wires only. You also agree that cash and cash equivalents are not acceptable forms of payment for this Lease Agreement or any Schedule and that you will not remit such forms of payment to us. Payment in any other form may delay processing or be returned to you. Furthermore, only you or your authorized agent as approved by us will remit payments to us. 4. Product Location; Use and Repair. You will keep and use the Product only at the Product Location shown in the applicable Schedule. You will not move the Product from the location specified in the applicable Schedule or make any alterations, additions or replacements to the Product without our prior written consent, which consent will not be unreasonably withheld. At your own cost and expense, you will keep the Product eligible for any Manufacturer’s certification as to maintenance and in compliance with applicable laws and in good condition, except for ordinary wear and tear. You shall engage Company, its subsidiaries or affiliates, or an independent third party (the “Servicer”) to provide maintenance and support services pursuant to a separate agreement for such purpose (“Maintenance Agreement”). You may make alterations, additions or replacements (collectively, “Additions”) and add Software to the Product provided that such Additions and Software do not impair the value or originally intended function or purpose of the Product and is not subject to any lien or security interest in favor of any other party; provided, further, that you remove such Additions and Software at your own cost and expense at the expiration or termination of the applicable Schedule. All Additions and Software which are not removed at the expiration or termination of the applicable Schedule will become part of the Product and our property at no cost or expense to us. We may inspect the Product upon proper notice to the customer at any reasonable time during normal working hours. 5. Taxes and Fees. To the extent not prohibited by applicable law and unless and to the extent you are exempt and provide a valid exemption certificate to us, in addition to the payments under this Lease Agreement, you agree to pay all taxes (other than property taxes), assessments, fees and charges governmentally imposed upon our purchase, ownership, possession, leasing, renting, operation, control or use of the Product. If we are required to pay upfront sales or use tax and you opt to pay such tax over the termof the lease and not as a lump sum at lease inception, then you agree to pay us a “Sales Tax Administrative Fee” equal to 3.5% of the total tax due per year, to be included as part of the Payment. A valid sales and use tax exemption certificate must be provided to us within ninety (90) days of the first invoice to receive a credit/waiver of sales tax. 6. Warranties. We transfer to you, without recourse, for the term of each Schedule, any written warranties made by the Manufacturer or Software Supplier (as defined in Section 10 of this Lease Agreement) with respect to the Product leased or rented pursuant to such Schedule. YOU ACKNOWLEDGE THAT YOU HAVE SELECTED THE PRODUCT BASED ON YOUR OWN JUDGMENT AND YOU HEREBY AFFIRMATIVELY DISCLAIM RELIANCE ON ANY ORAL REPRESENTATION CONCERNING THE PRODUCT MADE TO YOU. However, if you enter into a Maintenance Agreement with Servicer with respect to any Product, no provision, clause or paragraph of this Lease Agreement shall alter, restrict, diminish or waive the rights, remedies or benefits that you may have against Servicer under such Maintenance Agreement. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The only warranties, express or implied, made to you are the warranties (if any) made by the Manufacturer and/or Servicer to you in any documents, other than this Lease Agreement, executed by and between the Manufacturer and/or Servicer and you. YOU AGREE THAT, NOTWITHSTANDING ANYTHING TO THE CONTRARY, WE ARE NOT RESPONSIBLE FOR, AND YOU WILL NOT MAKE ANY CLAIM AGAINST US FOR, ANY CONSEQUENTIAL, SPECIAL, OR INDIRECT DAMAGES. 7. Loss or Damage. You are responsible for any theft of, destruction of, or damage to the Product (collectively, “Loss”) from any cause at all, whether or not insured, from the time of Product acceptance by you until it is delivered to us at the end of the term of the Schedule. You are required to make all Payments even if there is a Loss. You must notify us in writing immediately of any Loss. Then, you shall be responsible to either (a) repair the Product so that it is in good condition and working order, eligible for any Manufacturer’s certification, (b) pay us the amounts specified in Section 12 below, or (c) replace the Product with equipment of like age and capacity. 8. Liability and Insurance. You agree to maintain insurance, through self-insurance or otherwise, to cover the Product for all types of loss, including, without limitation, theft, in an amount not less than the full replacement value and you will name us as an additional insured and loss payee on your insurance policy. In addition, you agree to maintain comprehensive public liability insurance, which, upon our request, shall be in an amount acceptable to us and shall name us as an additional insured. Such insurance will provide that we will be given thirty (30) days advance notice of any cancellation. Upon our request, you agree to provide us with evidence of such insurance in a form reasonably satisfactory to us. If you fail to maintain such insurance or to provide us with evidence of such insurance, we may (but are not obligated to) obtain insurance in such amounts and against such risks as we deem necessary to protect our interest in the Product. Such insurance obtained by us will not insure you against any claim, liability or loss related to your interest in the Product and may be cancelled by us at any time. You agree to pay us an additional amount each month to reimburse us for the insurance premium and an administrative fee, on which we or our affiliates may earn a profit. In the event of loss or damage to the Product, you agree to remain responsible for the Payment obligations under this Lease Agreement until the Payment obligations are fully satisfied. 9. Title; Recording. We are the owner of and will hold title to the Product (except for any Software). You will keep the Product free of all liens and encumbrances. Except as reflected on any Schedule, you agree that this Lease Agreement is a true lease. However, if any Schedule is deemed to be intended for security, you hereby grant to us a purchase money security interest in the Product covered by the applicable Schedule (including any replacements, substitutions, additions, attachments and proceeds) as security for the payment of the amounts under each Schedule. You authorize us to file a copy of this Lease Agreement and/or any Schedule as a financing statement, and you agree to promptly execute and deliver to us any financing statements covering the Product that we may reasonably require; provided, however, that you hereby authorize us to file any such financing statement without your authentication to the extent permitted by applicable law. 10. Software or Intangibles. To the extent that the Product includes Software, you understand and agree that we have no right, title or interest in the Software, and you will comply throughout the term of this Lease Agreement with any license and/or other agreement (“Software License”) entered into with the supplier of the Software (“Software Supplier”). You are responsible for entering into any Software License with the Software Supplier no later than the Effective Date; provided, however, if you do not enter into the Software License, then we may choose not to lease such Software to you under this Lease Agreement. 11. Default. Each of the following is a “Default” under this Lease Agreement and all Schedules: (a) you fail to pay any Payment or any other amount within thirty (30) days of its due date, (b) any representation or warranty made by you in this Lease Agreement is false or incorrect and/or you do not perform any of your other obligations under this Lease Agreement or any Schedule and/or under any other agreement with us or with any of our affiliates and this failure continues for thirty (30) days after we have notified you of it, (c) a petition is filed by or against you or any guarantor under any bankruptcy or insolvency law or a trustee, receiver or liquidator is appointed for you, any guarantor or any substantial part of your assets, (d) you or any guarantor makes an assignment for the benefit of creditors, (e) any guarantor dies, stops doing business as a going concern or transfers all or substantially all of such guarantor’s assets, or (f) you stop doing business as a going concern or transfer all or substantially all of your assets. 12. Remedies. If a Default occurs, we may do one or more of the following: (a) we may cancel or terminate this Lease Agreement and/or any or all Schedules; (b) we may require you to immediately pay to us, as compensation for loss of our bargain and not as a penalty, a sum equal to: (i) all past due Payments and all other amounts then due and payable under this Lease Agreement or any Schedule; and (ii) the present value of all unpaid Payments for the remainder of the term of each Schedule plus the present value of our anticipated value of the Product at the end of the initial term of any Schedule (or any renewal of such Schedule), each discounted at a rate equal to 3% per year to the date of default, and we may charge you interest on all amounts due us from the date of default until paid at the rate of 1.5% per month, but in no event more than the maximum rate permitted by applicable law. We agree to apply the net proceeds (as specified below in this Section) of any disposition of the Product to the amounts that you owe us; (c) we may require you to deliver the Product to us as set forth in Section 14; (d) to the extent not prohibited by applicable law, we or our representative may peacefully repossess the Product without a court order (it being agreed that we will provide you with written notice of Default prior to initiating recovery of the Product and will endeavor to contact you telephonically to schedule a convenient time to recover the Product); (e) we may exercise any and all other rights or remedies available to a ___________ Customer Initials 55 . Page 3 of 4 (Rev. 06.19) lender, secured party or lessor under the Uniform Commercial Code (“UCC”), including, without limitation, those set forth in Article 2A of the UCC, and at law or in equity; (f) we may immediately terminate your right to use the Software including the disabling (on-site or by remote communication) of any Software; (g) we may demand the immediate return and obtain possession of the Software and re-license the Software at a public or private sale; (h) we may cause the Software Supplier to terminate the Software License, support and other services under the Software License, and/or (i) at our option, we may sell, re-lease, or otherwise dispose of the Product under such terms and conditions as may be acceptable to us in our discretion. If we take possession of the Product (or any Software, if applicable), we may sell or otherwise dispose of it with or without notice, at a public or private disposition, and to apply the net proceeds (after we have deducted all costs, including reasonable attorneys’ fees) to the amounts that you owe us. You agree that, if notice of sale is required by law to be given, ten (10) days notice shall constitute reasonable notice. If applicable, you will remain responsible for any deficiency that is due after we have applied any such net proceeds. To the extent permitted by applicable law, in the event an action is brought to enforce or interpret this Lease Agreement, the prevailing party shall be entitled to reimbursement of all costs including, but not limited to, reasonable attorney fees and court costs incurred. 13. Ownership of Product; Assignment. YOU HAVE NO RIGHT TO SELL, TRANSFER, ENCUMBER, SUBLET OR ASSIGN THE PRODUCT OR THIS LEASE AGREEMENT OR ANY SCHEDULE WITHOUT OUR PRIOR WRITTEN CONSENT (which consent shall not be unreasonably withheld). You agree that we may sell or assign all or a portion of our interests, but not our obligations, in the Product and/or this Lease Agreement or any Schedule without notice to you even if less than all the Payments have been assigned. In the event the remit to address for Payments is changed during the term of this Lease Agreement or any Schedule, then Company or the Assignee will provide notice to you. In that event, the assignee (the “Assignee”) will have such rights as we assign to them but none of our obligations (we will keep those obligations) and the rights of the Assignee will not be subject to any claims, defenses or set offs that you may have against us. No assignment to an Assignee will release Company from any obligations Company may have to you hereunder. The Maintenance Agreement you have entered into with a Servicer will remain in full force and effect with Servicer and will not be affected by any such assignment. You acknowledge that the Assignee did not manufacture or design the Product and that you have selected the Manufacturer, Servicer and the Product based on your own judgment. 14. Renewal; Return of Product. UNLESS EITHER PARTY NOTIFIES THE OTHER IN WRITING AT LEAST THIRTY (30) DAYS, BUT NOT MORE THAN ONE HUNDRED TWENTY (120) DAYS, PRIOR TO THE EXPIRATION OF THE MINIMUM TERM OR EXTENSION OF SUCH SCHEDULE, AFTER THE MINIMUM TERM OR ANY EXTENSION OF ANY SCHEDULE TO THIS LEASE AGREEMENT, SUCH SCHEDULE WILL AUTOMATICALLY RENEW ON A MONTH-TO- MONTH BASIS; PROVIDED, HOWEVER, THAT AT ANY TIME DURING ANY MONTH-TO-MONTH RENEWAL, WE HAVE THE RIGHT, UPON THIRTY (30) DAYS NOTICE, TO DEMAND THAT THE PRODUCT BE RETURNED TO US IN ACCORDANCE WITH THE TERMS OF THIS SECTION 14. Notwithstanding the foregoing, nothing herein is intended to provide, nor shall be interpreted as providing, (a) you with a legally enforceable option to extend or renew the terms of this Lease Agreement or any Schedule, or (b) us with a legally enforceable option to compel any such extension or renewal. At the end of or upon termination of each Schedule, you shall immediately make arrangements to have the Product subject to such expired Schedule picked up by us (or our designee), in as good condition as when you received it, except for ordinary wear and tear. Company (or our designee) shall bear shipping charges. You must pay additional monthly Payments at the same rate as then in effect under a Schedule, until (i) you provide notice to us prior to the expiration of the minimum term or extension of any Schedule and (ii) the Product is picked up by us or our designees and is received in good condition and working order by us or our designees. Notwithstanding anything to the contrary set forth in this Lease Agreement, the parties acknowledge and agree that we shall have no obligation to remove, delete, preserve, maintain or otherwise safeguard any information, images or content retained by or resident in any Products leased by you hereunder, whether through a digital storage device, hard drive or other electronic medium (“Data Management Services”). If desired, you may engage Company to perform Data Management Services at then-prevailing contracted rates pursuant to your Maintenance Agreement or other agreement with Company. You acknowledge that you are responsible for ensuring your own compliance with legal requirements in connection with data retention and protection and that we do not provide legal advice or represent that the Products will guarantee compliance with such requirements. The selection, use and design of any Data Management Services, and any decisions arising with respect to the deletion or storage of data, as well as the loss of any data resulting therefrom, shall be your sole and exclusive responsibility 15. Miscellaneous. It is the intent of the parties that this Lease Agreement and any Schedule shall be deemed and constitute a “finance lease” as defined under and governed by Article 2A of the UCC. ORAL AGREEMENTS OR COMMITMENTS TO LOAN MONEY, EXTEND CREDIT OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT INCLUDING PROMISES TO EXTEND OR RENEW SUCH DEBT ARE NOT ENFORCEABLE. YOU AGREE THAT THE TERMS AND CONDITIONS CONTAINED IN THE CONTRACT, THIS LEASE AGREEMENT, AND IN EACH SCHEDULE MAKE UP THE ENTIRE AGREEMENT BETWEEN US REGARDING THE LEASING OR RENTAL OF THE PRODUCT AND SUPERSEDE ALL PRIOR WRITTEN OR ORAL COMMUNICATIONS, UNDERSTANDINGS OR AGREEMENTS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER CONTAINED HEREIN, INCLUDING, WITHOUT LIMITATION, PURCHASE ORDERS. Any purchase order, or other ordering documents, will not modify or affect this Lease Agreement or any Schedule and shall serve only the purpose of identifying the equipment ordered. You authorize us to supply any missing “configure to order” number (“CTO”), other equipment identification numbers (including, without limitation, serial numbers), agreement/schedule identification numbers and/or dates in this Lease Agreement or any Schedule. You acknowledge that you have not been induced to enter into this Lease Agreement by any representation or warranty not expressly set forth in this Lease Agreement. Neither this Lease Agreement nor any Schedule is binding on us until we sign it. ANY CHANGE IN ANY OF THE TERMS AND CONDITIONS OF THIS LEASE AGREEMENT OR ANY SCHEDULE MUST BE IN WRITING AND SIGNED BY BOTH PARTIES. If we delay or fail to enforce any of its rights under this Lease Agreement with respect to any or all Schedules, we will still be able to enforce those rights at a later time. All notices shall be given in writing and sent either (a) by certified mail, return receipt requested, or recognized overnight delivery service, postage prepaid, addressed to the party receiving the notice at the address shown on the front of this Lease Agreement, or (b) by facsimile transmission, with oral confirmation, to the facsimile number shown below such party’s signature on this Lease Agreement. Either party may change its address or facsimile number by giving written notice of such change to the other party. Notices shall be effective on the date received. Each of our respective rights and indemnities will survive the termination of this Lease Agreement and each Schedule. If more than one customer has signed this Lease Agreement or any Schedule, each customer agrees that its liability is joint and several. It is the express intent of the parties not to violate any applicable usury laws or to exceed the maximum amount of time price differential or interest, as applicable, permitted to be charged or collected by applicable law, and any such excess payment will be applied to payments in the order of maturity, and any remaining excess will be refunded to you. We make no representation or warranty of any kind, express or implied, with respect to the legal, tax or accounting treatment of this Lease Agreement and any Schedule and you acknowledge that we are an independent contractor and not your fiduciary. You will obtain your own legal, tax and accounting advice related to this Lease Agreement or any Schedule and make your own determination of the proper accounting treatment of this Lease Agreement or any Schedule. We may receive compensation from the Manufacturer or supplier of the Product in order to enable us to reduce the cost of leasing or renting the Product to you under this Lease Agreement or any Schedule below what we otherwise would charge. If we received such compensation, the reduction in the cost of leasing or renting the Product is reflected in the Minimum Payment specified in the applicable Schedule. To the fullest extent permitted by applicable law, you authorize us or our agent to obtain credit reports and make credit inquiries regarding you and your financial condition and to provide your information, including payment history, to our assignee and third parties having an economic interest in this Lease Agreement, any Schedule or the Product. 16. Governing Law; Jurisdiction; Waiver of Trial By Jury and Certain Rights and Remedies Under The Uniform Commercial Code. YOU AGREE THAT THIS LEASE AGREEMENT AND ANY SCHEDULE WILL BE GOVERNED UNDER THE LAW FOR THE STATE WHERE YOUR PRINCIPAL PLACE OF BUSINESS OR RESIDENCE IS LOCATED. YOU ALSO CONSENT TO THE VENUE AND NON-EXCLUSIVE JURISDICTION OF ANY COURT LOCATED IN THE STATE WHERE YOUR PRINCIPAL PLACE OF BUSINESS OR RESIDENCE IS LOCATED TO RESOLVE ANY CONFLICT UNDER THIS LEASE AGREEMENT. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, THE PARTIES TO THIS LEASE AGREEMENT EACH WAIVE THE RIGHT TO TRIAL BY JURY IN THE EVENT OF A LAWSUIT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY AND ALL RIGHTS AND REMEDIES CONFERRED UPON A CUSTOMER OR LESSEE BY SECTIONS 508-522 OF ARTICLE 2A OF THE UCC THAT YOU MAY HAVE AGAINST US (BUT NOT AGAINST THE MANUFACTURER OF THE PRODUCT).TO HELP THE GOVERNMENT FIGHT THE FUNDING OF TERRORISM AND MONEY LAUNDERING ACTIVITIES, FEDERAL LAW REQUIRES ALL FINANCIAL INSTITUTIONS TO OBTAIN, VERIFY AND RECORD INFORMATION THAT IDENTIFIES EACH PERSON WHO ___________ Customer Initials 56 . Page 4 of 4 (Rev. 06.19) OPENS AN ACCOUNT. WHAT THIS MEANS FOR YOU: WHEN YOU OPEN AN ACCOUNT, WE WILL ASK FOR YOUR NAME, ADDRESS AND OTHER INFORMATION THAT WILL ALLOW US TO IDENTIFY YOU. WE MAY ASK TO SEE IDENTIFYING DOCUMENTS. 17. Counterparts; Facsimiles. Each Schedule may be executed in counterparts. The counterpart which has our original signature and/or is in our possession or control shall constitute chattel paper as that term is defined in the UCC and shall constitute the original agreement for all purposes, including, without limitation, (a) any hearing, trial or proceeding with respect to such Schedule, and (b) any determination as to which version of such Schedule constitutes the single true original item of chattel paper under the UCC. If you sign and transmit a Schedule to us by facsimile or other electronic transmission, the facsimile or such electronic transmission of such Schedule, upon execution by us (manually or electronically, as applicable), shall be binding upon the parties. You agree that the facsimile or other electronic transmission of a Schedule containing your facsimile or other electronically transmitted signature, which is manually or electronically signed by us, shall constitute the original agreement for all purposes, including, without limitation, those outlined above in this Section. You agree to deliver to us upon our request the counterpart of such Schedule containing your original manual signature. 18.State and Local Government Provisions. If the Customer is a State or political subdivision of a State, as those terms are defined in Section 103 of the Internal Revenue Code, the following additional terms and conditions shall apply: (a) Essentiality. During the term of this Lease Agreement and any Schedule, the Product will be used solely for the purpose of performing one or more governmental or proprietary functions consistent with the permissible scope of your authority. You represent and warrant that the use of the Product is essential to performing such governmental or proprietary functions. (b) Non-Appropriation/Non-Substitution. (i) If your governing body fails to appropriate sufficient monies in any fiscal period for rentals and other payments coming due under a Schedule to this Lease Agreement in the next succeeding fiscal period for any equipment which will perform services and functions which in whole or in part are essentially the same services and functions performed by the Product covered by any such Schedule, then a “Non-Appropriation” shall be deemed to have occurred. (ii) If a Non-Appropriation occurs, then: (A) you must give us immediate notice of such Non-Appropriation and provide written notice of such failure by your governing body at least sixty (60) days prior to the end of the then current fiscal year or if Non-Appropriation has not occurred by such date, immediately upon Non-Appropriation, (B) no later than the last day of the fiscal year for which appropriations were made for the rental due under any Schedule to this Lease Agreement (the “Return Date”), you shall make available to us (or our designee) all, but not less than all, of the Product covered by such Schedule to this Lease Agreement, at your sole expense, in accordance with the terms hereof; and (C) any Schedule to this Lease Agreement shall terminate on the Return Date without penalty or expense to you and you shall not be obligated to pay the rentals beyond such fiscal year, provided that (x) you shall pay any and all rentals and other payments due up through the end of the last day of the fiscal year for which appropriations were made and (y) you shall pay month-to-month rent at the rate set forth in any such Schedule for each month or part thereof that you fail to make available to us (or our designee) the Product as required herein. (iii) Upon any such Non-Appropriation, upon our request, you will provide an opinion of independent counsel or other legally designated authority (who shall be reasonably acceptable to us), in form reasonably acceptable to us, confirming the Non-Appropriation and providing reasonably sufficient proof of such Non-Appropriation. (c) Funding Intent. You represent and warrant to us that you presently intend to continue this Lease Agreement and any Schedule hereto for the entire term of such Schedule and to pay all rentals relating to such Schedule and to do all things lawfully within your power to obtain and maintain funds from which the rentals and all other payments owing under such Schedule may be made. The parties acknowledge that appropriation for rentals is a governmental function to which you cannot contractually commit yourself in advance and this Lease Agreement shall not constitute such a commitment. To the extent permitted by law, the person or entity in charge of preparing your budget will include in the budget request for each fiscal year during the term of each Schedule, respectively, to this Lease Agreement an amount equal to the rentals (to be used for such rentals) to become due in such fiscal year, and will use all reasonable and lawful means available to secure the appropriation of money for such fiscal year sufficient to pay all rentals coming due during such fiscal year. (d) Authority and Authorization. (i) You represent and warrant to us that: (A) you are a State or political subdivision of a State, as those terms are defined in Section 103 of the Internal Revenue Code; (B) you have the power and authority to enter into this Lease Agreement and all Schedules to this Lease Agreement; (C) this Lease Agreement and all Schedules to this Lease Agreement have been duly authorized, executed and delivered by you and constitute valid, legal and binding agreement(s) enforceable against you in accordance with their terms; and (D) no further approval, consent or withholding of objections is required from any governmental authority with respect to this Lease Agreement or any Schedule to this Lease Agreement. (ii) If and to the extent required by us, you agree to provide us with an opinion of independent counsel or other legally designated authority (who shall be reasonably acceptable to us) confirming the foregoing and other related matters, in form and substance acceptable to us. (iii) You agree to take all required actions and to file all necessary forms, including IRS Forms 8038-G or 8038-GC, as applicable, to preserve the tax exempt status of this Lease Agreement and all Schedules thereto. (iv) You agree to provide us with any other documents that we may reasonably request in connection with the foregoing and this Lease Agreement. (e) Assignment. You agree to acknowledge any assignment to the Assignee in writing, if so requested, and, if applicable, to keep a complete and accurate record of all such assignments in a manner that complies with Section 149(a) of the Internal Revenue Code and the regulations promulgated thereunder. IN WITNESS WHEREOF, the parties have executed this Lease Agreement as of the dates set forth below. THE PERSON SIGNING THIS LEASE AGREEMENT ON BEHALF OF THE CUSTOMER REPRESENTS THAT HE/SHE HAS THE AUTHORITY TO DO SO. CUSTOMER By: X_________________________________________________________ Authorized Signer Signature Printed Name: __________________________________________________ Title: ________________________________________ Date: ___________ Facsimile Number: ______________________________________________ Accepted by: __________________________ By: ___________________________________________________________ Authorized Signer Signature Printed Name: __________________________________________________ Title: ________________________________________ Date: ___________ Facsimile Number: ______________________________________________ Michael Sanguine Regional Vice President of Sales 12/1/2021 Michael Sanguine 57 1 U.S. Communities Master Lease Agreement Addendum City of Winter Springs, Florida This U.S. COMMUNITIES MASTER LEASE AGREEMENT ADDENDUM (this “Addendum”), dated as of the ____ day of ___________________, 20____, is to that certain U.S. Communities Master Lease Agreement (the “Agreement”), between Ricoh USA, Inc. (“Company,” “we,” or “us”) and the CITY OF WINTER SPRINGS, as customer (“Customer” or “you”), dated _________________________. The parties, intending to be legally bound, agree that the Agreement shall be modified as follows: 1. Agreement. Notwithstanding anything to the contrary in the Agreement, the entire Agreement shall consist of the terms and conditions of the Contract, the Agreement, any Schedule issued pursuant thereto, and this Addendum. This Addendum shall take precedence over the Agreement, Schedule, and Contract. 2. Payments. Notwithstanding anything to the contrary in the Agreement, Payments will be due and payable as provided by the Florida Local Government Prompt Payment Act s.218.70 et. seq., Florida Statutes (the “Act”). The applicable interest rate for all payments due and not made within the time specified in the Act shall be as provided in the Act. 3. Title; Recording. Paragraph 9 of the Agreement is amended to state as follows: “We are the owner of and will hold title to the Product (except for any Software). You will keep the Product free of all liens and encumbrances. Except as reflected on any Schedule, you agree that this lease Agreement is a true lease.” The remainder of the Paragraph is stricken. 4. Default. Paragraph 11 is amended to provide that Default may occur if Customer fails to pay any Payment or any other amount within forty-five (45) days of its due date. The remaining provisions of Paragraph 11 shall continue in full force and effect. 5.Attorney’s Fees. Notwithstanding anything to the contrary in the Agreement, should either party bring an action to enforce any of the terms of this Agreement or Addendum, each party shall bear its own costs and expenses of such action including, but not limited to, reasonable attorney’s fees, whether at settlement, trial or on appeal. 6. Venue. Venue shall only be properly placed in Seminole County, Florida for state court actions and Orlando, Florida for federal actions. 7. Sovereign Immunity. Nothing contained in this Addendum or Agreement shall be construed as or constitute a waiver of Customer’s right to sovereign immunity as provided under Section 768.28, Florida Statutes. 8. Except to the extent modified by this Addendum, the terms and conditions of the Agreement will remain unchanged and shall continue in full force and effect. IN WITNESS WHEREOF, each party has caused its duly authorized officer to execute this Addendum, as of the date first written above. CUSTOMER: RICOH USA, INC. X__________________________________________________________________________ Authorized Signature Date Authorized Signature Date ______________________________________________________________________________ Print Authorized Signer Name Title Print Authorized Signer Name Title 12/1/2021 Michael Sanguine - Vice President of Sales Michael Sanguine 58 Sales Order BILL TO SHIP TO Company Name: City of Winter Springs Location: City of Winter Springs BILL TO: 1126 E State Road 434 ADDRESS: 1126 E State Road 434 CITY/STATE/ZIP: Winter Springs FL 32708 CITY/STATE/ZIP: Winter Springs FL 32708 PHONE: 407-327-7571 EMAIL: JDuryea@winterspringsfl.org FAX: 407-327-4753 QTY DESCRIPTION Unit Price Extended Price 1 Ricoh IM C4500 w/ 4 Trays, Finisher, & Fax (CH East Mailroom) $220.70 Lease 1 Ricoh IM C4500 w/ 4 Trays, Finisher, & Fax (CH West Mailroom) $220.70 1 Ricoh IM 430F w/ 2 Trays & Cabinet (PD Record / Lobby) $89.40 1 Ricoh IM C4500 w/ 4 Trays, Finisher, & Fax (PD Patrol) $220.70 1 Ricoh IM C2500 w/ 2 Trays & Fax (PW Admin) $165.08 TRADE IN Promotion: Model# Copy Count Serial No. Total Monthly Payment: $ 916.58 plus tax, per month. 60 Months (lease term) FMV (lease Type) Maintenance Agreement Options TSS: Total Service & Supplies Excess Billing Charge Frequency: Monthly Includes: All parts, labor & supplies. Excludes: paper, staples, network services & delivery of supplies. B&W images $ Per Page for Per Page Images Per Month Overages = $ 0.00500 per page C4500's Color images $ Per Page for Per Page Images Per Month Overages = $ 0.03950 per page B&W prints $ Per Page for Per Page Prints Per Month Overages = $ 0.00850 per page 430F & C2500's Color prints $ Per Page for Per Page Prints Per Month Overages = $ 0.05500 per page IMPORTANT: All equipment must be attached to a commercial grade surge protector Terms continued on reverse side SPECIAL INSTRUCTIONS: Tax Sissine's will satisfy and return the existing leases, identified on the Attachment A hereto, at no additional charge. TOTAL Lease NOTE: No terms or conditions, expressed or implied, are authorized unless they appear on the original Purchase Agreement. All orders are subject to approval by Corporate Representative of SISSINE'S OFFICE SYSTEMS, INC and become valid upon execution of Corporate signature. There will be a 20% Restocking Fee assessed for any equipment that is ordered by Sissine's and not accepted by the customer. All equipment and supplies remain the property of SISSINE'S until paid in full, TERMS CONTINUED ON REVERSE SIDE (Page 2). PURCHASER'S signature Date Title Printed name of signer Sissine's Corporate Representative Approval This information is confidential and proprietary to Sissine’s Office Systems, Inc. Date Customer No. Account Manager Cindy Smith Michael Sanguine 59 TERMS AND CONDITIONS SERVICE CALLS Sissine’s Office Systems, Inc. (Sissine’s) will respond to all service calls as reasonably requested by the (Customer) at no additional charge for labor. Service is to be performed during normal working hours (8:00am – 5:00pm, Monday – Friday), not including Saturdays, Sundays or Holidays. Sissine’s must be notified prior to the change of the geographical location of the equipment. Any damage which may occur during or as a result of moving the equipment will not be covered under this Agreement. PART REPLACEMENT There is no additional charge for normal replacement parts, unless otherwise stated as an “"Exception"” on the front of this Agreement. Damage resulting from accident, theft, abuse, power surges, excessive usage, lightening and other acts of God, or damage resulting from the use of unauthorized/incompatible supplies or repairs by anyone other than an authorized Sissine’s Representative shall not be covered by this Agreement and shall be the responsibility of the Customer. Sissine’s shall not be responsible for delays or inability to provide service calls due to accidents, embargoes, acts of God, or any other event beyond Sissine’s control. This Agreement does not cover the installation or service of any accessory items or major equipment overhauls. It is the Customer's responsibility to ensure the correct wired outlet and commercial grade surge protection are provided for and connected to the equipment listed in this Agreement, excluding ASA. AGREEMENT TERMS This Agreement begins after signature by both parties and when you receive the Product and it is installed, you agree to inspect it to determine it is in good working order. Scheduled Payments (as specified in the applicable Schedule) will begin on or after the Product acceptance date (“Effective Date”). You agree to sign and return to us a delivery and acceptance certificate (which may be done electronically) within five (5) business days after any Product is installed confirming that the Product has been delivered, installed, and is in good condition and accepted for all purposes under the Agreement. The term of this Agreement is 60 months from the Effective Date. The Customer agrees to comply with any billing procedures designated by Sissine’s, including notifying Sissine’s of the meter count at the end of each month if not electronically monitored. Contractual allowances do not roll over from billing cycle to billing cycle. When no meter count is received, billing will process using last meter count on record. Falsifying meter counts will result in breach of the Agreement (see OBLIGATIONS AND REMEDIES). This Agreement is not assignable or transferable to a third party without the written consent of Sissine’s. Past due accounts are subject to interest as provided in the Florida Local Government Prompt Payment Act, s. 218.70, et. seq., Florida Statutes. This agreement may be modified only by written agreement and not be course of performance. Sissine’s reserves the right to change or terminate terms and agreements at any time. CHARGE ACCOUNT TERMS The Customer can establish a charge account after a completed and signed Sissine’s Confidential Credit Application has been submitted to and approved by Sissine’s Corporate Office. All equipment, supplies, and parts remain the property of Sissine’s until paid in full. Payment shall be due and payable as provided by the Florida Local Government Prompt Payment Act, s. 218.70, et. seq., Florida Statutes. INDEMNITY The parties recognize that Sissine’s is an independent contractor. Sissines’ agrees to assume liability for and Sissine’s agrees to indemnify, hold harmless, and defend the City, its commissioners, mayor, officers, employees, agents, and attorneys of, from, and against all liability and expense, including reasonable attorney’s fees, in connection with any and all claims, demands, damages, actions, causes of action, and suits in equity of whatever kind or nature, including claims for personal injury, property damage, equitable relief, or loss of use, arising directly or indirectly out of or in connection with as a result of Indemnifying Party’s breach of this agreement and/or deliberate act or omission of Sissine’s, its officers, employees, agents, and representatives. Sissine’s liability hereunder shall include all attorney’s fees and costs incurred by the Customer in the enforcement of this indemnification provision. For purposes of this indemnification, this includes claims made by the employees of Sissine’s against the Customer, and Sissine’s hereby waives its entitlement, if any, to immunity under Section 440.11, Florida Statutes. Nothing in this agreement is intended to the benefit of any third party for the purposes of allowing any claim which would otherwise be barred under the doctrine of sovereign immunity or by operation of the law. This waiver has been specifically and mutually negotiated by the parties. OBLIGATIONS AND REMEDIES In addition to the terms above, and except as otherwise provided herein, if the Customer breaches or terminates this agreement before the expiration date for any reason of convenience, the Customer shall pay Sissine’s all accrued and unpaid amounts plus liquidated damages as follows. Liquidated damages is an amount equal to seventy-five percent (75%) of the average monthly copy usage billing based on the copy average usage invoiced for the three (3) months prior to the breach of agreement by the Customer, multiplied by the number of months remaining in the current term. If there are fewer than three (3) months prior to any such breach, the amount will be determined from the average per month based on the month(s) preceding the breach. Customer waives the right to recover any consequential damages against Sissine’s. Florida law is applicable to the resolution of any dispute under this agreement and venue for any dispute shall be in Seminole County, Florida. Should Sissine’s fail to comply with a material requirement of this Agreement, Customer shall provide a thirty (30) day notice to cure in writing. If within forty- five (45) days after receipt of the notice, Sissine’s does not cure or provide a reasonable plan to cure, the Customer shall send a notice of intent to cancel Agreement, wherein the maintenance shall be canceled in seven (7) days if the breach by Sissine’s has not been cured. Customer shall be relieved of any further payments to Sissine’s for services hereunder. Should either party bring an action to enforce any of the terms of this Agreement, each party shall bear its own costs and expenses of such action including, but not limited to, reasonable attorney’s fees, whether at settlement, trial or on appeal. BOTH SISSINE’S AND THE CUSTOMER AGREE TO WAIVE THEIR RIGHT TO A TRIAL BY JURY IN ANY LITIGATION RELATED TO THIS AGREEMENT. E-VERIFY 1. Pursuant to section 448.095, Florida Statutes, beginning January 1, 2021, contractors, which shall include Sissine’s, shall register with and use the U.S. Department of Homeland Security’s E-Verify system, https://e-verify.uscis.gov/emp, to verify the work authorization status of all employees hired on and after January 1, 2021. 2. Subcontractors a. Sissine’s shall also require all subcontractors performing work under this Agreement to use the E-Verify system for any employees they may hire during the term of this Agreement. b. Sissine’s shall obtain from all such subcontractors an affidavit stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, as defined in section 448.095, Florida Statutes. c. Sissine’s shall provide a copy of all subcontractor affidavits to the City upon receipt and shall maintain a copy for the duration of the Agreement. 3. Sissine’s must provide evidence of compliance with section 448.095, Florida Statutes. Evidence shall consist of an affidavit from Sissine’s stating all employees hired on and after January 1, 2021 have had their work authorization status verified through the E-Verify system and a copy of their proof of registration in the E-Verify system. 4. Failure to comply with this provision is a material breach of the Agreement, and shall result in the immediate termination of the Agreement without penalty to the City. Sissine’s shall be liable for all costs incurred by the City securing a replacement Agreement, including but not limited to, any increased costs for the same services, any costs due to delay, and rebidding costs, if applicable. PAYMENTS Notwithstanding anything to the contrary in the Agreement, Payments will be due and payable as provided by the Florida Local Government Prompt Payment Act s.218.70 et. seq., Florida Statutes (the “Act”). The applicable interest rate for all payments due and not made within the time specified in the Act shall be as provided in the Act. This information is confidential and proprietary to Sissine’s Office Systems, Inc. 60 #Device Name Model Serial #Location #Street Address Contract/Lease Expiration Purchase Order #Lease Pymt.Fax Staples 3 Hole Punch Drawers 1 CH_EAST_KM-454e_B&W Konica Minolta BizHub 458e AA6U011016600 City Hall - East - Mail Room 1126 E State Rd 434 10/28/2022 2021-00000243 $110.70 No Yes No Tray 1 - 8 1/2" x 14" SEF Tray 2 - 11" x 17" SEF Tray 3 - 8 1/2" x 11" LEF 2 CH_WEST_KM-C558_C Konica Minolta BizHub C558 A79K011026123 City Hall - West - Mail Room 1126 E State Rd 434 10/31/2022 2021-00000243 $237.23 Yes No No Tray 1 - 8 1/2" x 14" SEF Tray 2 - 11" x 17" SEF Tray 3 - 8 1/2" x 11" LEF 3 PD - Rec Konica Minolta BizHub C458e AA6U011016539 Police - Records (Front Lobby)300 N Moss Rd 11/17/2022 2021-00000243 $110.70 Yes Yes No Tray 1 - 8 1/2" x 11" LEF Tray 2 - 8 1/2" x 14" SEF Tray 3 - 8 1/2" x 11" LEF 4 PW_ADMIN_KM-C368_C Konica Minolta BizHub C360i AA2J011006525 Public Works - Admin Building 400 Old Sanford Oviedo Rd 12/22/2022 2021-00000243 Color Yes Yes No Tray 1 - 8 1/2" x 11" Tray 2 - 8 1/2" x 14" Attachment "A" to Sales Order (Sissine's / Winter Springs) 61 Service Level Agreement 1. Guaranteed 4 hour Response Sissine's will Guaranteed 4 Hour Response time. Sissine's offers "Unlimited Service" Calls within standard hours and can establish Automatic Weekly & Quarterly Service Calls to ensure a 99% uptime. There is “No Additional Charge” for the service above. 2. Downtime is an average over a 30-day window from Monday thru Friday 8am to 5pm. If the machine is up and running but has a squeaking noise and is still operable then the device is by definition not down. Downtime is defined by the device not being able to produce copies/prints. 3. Guaranteed Loaner – If a machine is down for more than 24 Hours, Sissine’s will provide a Loaner within 48 hours or Less. In regards to Repeat Calls, if there are 4 Repetitive Service Calls on the Same Issue within a 30 day time frame Sissine’s will provide a Loaner Device. 4. Guaranteed Fulfillment – If a Loaner device is not provided within 48 hours, Sissine’s will fulfill printing the Job at the Sissine’s Office or at a Local Print Shop to ensure any deadlines are met. 5. Automatic Weekly Service Calls – Sissine’s can setup Automatic Weekly and or Quarterly Service Calls to ensure a 99% uptime. There is “No Additional Charge” for the service above. 6. Replacement Guarantee - If a service call is placed 4 times on a machine for the same issue, within a 30-day time period, you will receive an equivalent loaner device of equal or greater speed and capacity. If the machine cannot be fixed to 100% functionality, while Sissine’s is working on the device at our office and getting the Manufacturer involved then you will receive an equivalent Replacement device of equal or greater speed or capacity. The time frame for the actual replacement device after the previous steps have been taken will be no longer than 45 days. The City of Winter Springs will not be out a device during this process as we will have a Loaner in place. 7. 5 Year Performance Guarantee - Sissine's Office Systems is so confident in the reliability of our latest Digital Solutions that we’ll guarantee performance of the equipment for up to 5 Years. That’s right! If your Sissine’s System Copier/Printer/Scanner/Fax) does not perform to specification, and in the unlikely event that we are unable to repair the equipment in your office, we’ll provide you with a free, No-Hassle loaner until the repair has been fully addressed. If there are reoccurring issues that cannot be resolved, we will replace your machine with a machine of equivalent features at no cost to you. This guarantee applies to all Sissine’s Equipment covered by our locally backed “Total Service and Supply Program”. PURCHASER'S signature Date Title Printed name of signer Sissine's Corporate Representative Approval Michael Sanguine 62 CONSENT AGENDA ITEM 301 CITY COMMISSION AGENDA | DECEMBER 13, 2021 REGULAR MEETING TITLE Purchase of Three (3) Ford F150 Trucks Funded by Water & Sewer Utility Appropriation from Fund Balance. SUMMARY In Fiscal Year 2021 the Water & Sewer Utility Department had planned the purchase of three (3) utility vehicles in the amount of $77,000 plus another $5,000 for the added cost of registrations, and to retrofit tool boxes, light bars, hitches, GPS, etc. for a total estimated cost of $82,000 from the Water & Sewer Utility budget slated to occur late in Fiscal Year 2021. Due to ongoing supply chain issues the vehicles were not available to purchase in the prior fiscal year. This need is still valid, additional vehicles are required to transport personnel and equipment in support of maintenance and repair activities critical to sustaining the City’s Utility. This request is to amend the FY22 budget to add this FY21 planned purchase of three (3) Water & Sewer Utility. RECOMMENDATION Staff recommends the Commission approve the purchase of three (3) Ford F150 Trucks not to exceed $82,000 for use by Water & Sewer Utility Department funded by an appropriation from Fund Balance. 63 64 1 Maria Sonksen From:Yvette Gomez Sent:Friday, December 3, 2021 2:27 PM To:Maria Sonksen Subject:FW: F150 White Truck - City of Winter Springs FL 32708 Maria,    Alan Jay response. I’m still waiting on Duval Ford.        Yvette Gomez Associate Financial Analyst P: (407) 327-5987 F: (407) 327-4753 A: 1126 East State Road 434 Winter Springs, Florida 32708 From: Scott Wilson <scott.wilson@alanjay.com>   Sent: Friday, December 3, 2021 1:55 PM  To: Yvette Gomez <ygomez@winterspringsfl.org>  Subject: Re: F150 White Truck ‐ City of Winter Springs FL 32708 EXTERNAL EMAIL: [Caution: Do not click on links or open any attachments unless you trust the sender and know the content is safe.] Yvette ‐    We do not have any white stock, nor do we anticipate having any as the manufacturers are not allowing us to  order stock units due to supply chain problems.   Just as an FYI, had a factory order been placed in May, we would have been looking at January arrival.  If we  order now, we will be looking at July arrival.   Regards,    SW From: Yvette Gomez Sent: Friday, December 03, 2021 1:14 PM 65 2 To: 'Scott Wilson' Subject: RE: F150 White Truck - City of Winter Springs FL 32708   Good afternoon Scott, Our last communication was back in May 20th. I’m emailing you again just to confirm if you any White F‐150 or F‐250  trucks available in stock? Thank you, From: Scott Wilson <scott.wilson@alanjay.com>  Sent: Thursday, May 20, 2021 4:29 PM  To: Yvette Gomez <ygomez@winterspringsfl.org>  Subject: Re: F150 White Truck ‐ City of Winter Springs FL 32708 EXTERNAL EMAIL: [Caution: Do not click on links or open any attachments unless you trust the sender and know the content is safe.] Yvette ‐ Unfortunately we do not have anything to offer.   Regards,    SW From: Yvette Gomez Sent: Thursday, May 20, 2021 3:27 PM To: 'Scott Wilson' Subject: F150 White Truck - City of Winter Springs FL 32708 Scott‐ Would you happen to have a white F150 truck  (basic model, no cloth seats, no extended cab)? if so, can you please  provide a quote? 66 3 Thank you,   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. 67 1 Maria Sonksen From:Yvette Gomez Sent:Friday, December 3, 2021 3:57 PM To:Maria Sonksen Subject:FW: White F-150 Truck - City of Winter Springs, Winter Springs FL Hi Maria,    This is the response back from Duval Ford. Please let me know if you need anything else.        Yvette Gomez Associate Financial Analyst P: (407) 327-5987 F: (407) 327-4753 A: 1126 East State Road 434 Winter Springs, Florida 32708 From: Bambi Darr <bambi.darr@duvalfleet.com>   Sent: Friday, December 3, 2021 3:48 PM  To: Yvette Gomez <ygomez@winterspringsfl.org>  Subject: Re: White F‐150 Truck ‐ City of Winter Springs, Winter Springs FL  EXTERNAL EMAIL: [Caution: Do not click on links or open any attachments unless you trust the sender and know the content is safe.] Hi Yvette, Thank you for reaching out to us. I wish I had something to sell you but unfortunately we do not have anything available for quick purchase. Thank you, Bambi Darr Government Sales Duval Fleet Duval Ford, Duval Chevrolet 5203 Waterside Drive Jacksonville, Florida 32210 Office (904) 381-6596 https://www.facebook.com/duvalfleet/ 68 2 On Dec 3, 2021, at 1:11 PM, Yvette Gomez <ygomez@winterspringsfl.org> wrote: WARNING ‐ External Email: This email originated outside of Duval Motors. DO NOT CLICK links or attachments  unless you recognize the sender and know the content is safe. Good afternoon Bambi,   Our last communication was back in April 7th. I’m emailing you again just to confirm if you any White F‐ 150 or F‐250 trucks available in stock?     Thank you,       <V2VV2V2_3d6ce35a- edbd-4479-ae1e- dcdfd786dee7.png> <fb_32fe46f1-8d88-424f-baae- 40298185fe7e.png> <indeed_0334b15a-4207-4d42-8852- cc5efc3b8294.png> <yt_b30d2f30-a9ac-4365-9175- 3ed9fc37922a.png> <webiste_76aeb410-b15f-410c-bdf1- c4d09b7e3a62.png> From: Bambi Darr <bambi.darr@duvalfleet.com>  Sent: Wednesday, April 7, 2021 3:44 PM  To: Yvette Gomez <ygomez@winterspringsfl.org>  Subject: Re: White F‐150 Truck ‐ City of Winter Springs, Winter Springs FL EXTERNAL EMAIL: [Caution: Do not click on links or open any attachments unless you trust the sender and know the content is safe.] Hi Yvette, Unfortunately, we do not have any F-250’s available in stock at this time. Thank you, Bambi Darr Government Sales Duval Fleet Duval Ford, Duval Chevrolet 5203 Waterside Drive 69 3 Jacksonville, Florida 32210 Office (904) 381-6596 https://www.facebook.com/duvalfleet/ On Apr 7, 2021, at 3:35 PM, Yvette Gomez <ygomez@winterspringsfl.org> wrote: WARNING ‐ External Email: This email originated outside of Duval Motors. DO NOT CLICK links or  attachments unless you recognize the sender and know the content is safe. Hello Bambi      The City of Winter Springs is looking to purchase a Ford F‐250 White Truck (basic model,  no cloth seats, no extended cab). Would you happen to have any stock?     Regards,  Yvette <V2VV2V2_3d6ce35a- edbd-4479-ae1e- dcdfd786dee7.png> <fb_32fe46f1-8d88-424f-baae- 40298185fe7e.png> <indeed_0334b15a-4207-4d42-8852- cc5efc3b8294.png> <yt_b30d2f30-a9ac-4365-9175- 3ed9fc37922a.png> <webiste_76aeb410-b15f-410c-bdf1- c4d09b7e3a62.png> 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. 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. 70 CONSENT AGENDA ITEM 302 CITY COMMISSION AGENDA | DECEMBER 13, 2021 REGULAR MEETING TITLE Resolution Authorizing the City to join MOU and agreements for opioid settlement funds SUMMARY The State of Florida has had ongoing opioid litigation and separate negotiations with defendants in the litigation (including separate counsel for cities and counties). The State of Florida has proposed an opioid litigation settlement, where, based on the status of this litigation, the likely structure of any resolution, and the potential litigation risks in the absence of such an agreement, the State believes that this proposal reflects a reasonable compromise between the State and its political subdivisions. The State recommends that cities and counties accept this allocation. This is an opt-in settlement. Generally, the more subdivisions that participate, the greater the amount of funds that flow to the state and participating subdivisions. Any subdivision which does not participate cannot directly share in any of the settlement funds. Almost all settlement funds received must go towards abatement activities, which are laid out in the attached letter. In order to participate, the city first had to be registered on the national settlement website so that information and documents required to participate may be provided, which has been completed. The attached resolution, which approves the offered memorandum of understanding ("MOU") relating to potential settlements, must be adopted by the governing body. The deadline for electronic submission of the resolution to be a participating subdivision is January 2, 2022. After the deadline for subdivisions to opt-in for participation, Johnson & Johnson and included distributors will decide whether there are enough subdivisions involved to proceed with the respective settlements. At this time, the city may be eligible for $159,088.63 (which is not guaranteed and is the maximum potential amount). RECOMMENDATION Staff recommends that the City Commission approve Resolution Number 71 2021-25 authorizing the City to join MOU and agreements for opioid settlement funds. 72 RESOLUTION NO. 2021-25 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AUTHORIZING THE CITY OF WINTER SPRINGS TO JOIN WITH THE STATE OF FLORIDA AND OTHER LOCAL GOVERNMENTAL UNITS AS A PARTICIPANT IN THE FLORIDA MEMORANDUM OF UNDERSTANDING AND FORMAL AGREEMENTS IMPLEMENTING A UNIFIED PLAN FOR THE ALLOCATION AND USE OF PROSPECTIVE SETTLEMENT DOLLARS FROM OPIOID RELATED LITIGATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Winter Springs, Florida, (“City”) has suffered harm from the opioid epidemic; and WHEREAS, the City recognizes that the entire State of Florida has suffered harm as a result from the opioid epidemic; and WHEREAS, the State of Florida has filed an action pending in Pasco County, Florida, and a number of Florida Cities and Counties have also filed an action In re: National Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio) (the “Opioid Litigation”) and the City is not a litigating participant in that action; and WHEREAS, the State of Florida and lawyers representing certain various local governments involved in the Opioid Litigation have proposed a unified plan for the allocation and use of prospective settlement dollars from opioid related litigation; and WHEREAS, the Florida Memorandum of Understanding (the “Florida Plan”) sets forth sets forth a framework of a unified plan for the proposed allocation and use of opioid settlement proceeds and it is anticipated that formal agreements implementing the Florida Plan will be entered into at a future date; and, WHEREAS, participation in the Florida Plan by a large majority of Florida cities and counties will materially increase the amount of funds to Florida and should improve Florida’s relative bargaining position during additional settlement negotiations; and WHEREAS, failure to participate in the Florida Plan will reduce funds available to the State, the City, and every other Florida city and county; and WHEREAS, the City Commission finds that this Resolution is in the best interests of the public health, safety and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, AS FOLLOWS: SECTION 1. That the Winter Springs City Commission finds that participation in the Florida Plan would be in the best interest of the City and its citizens in that such a plan ensures 73 that almost all of the settlement funds go to abate and resolve the opioid epidemic and each and every city and county receives funds for the harm that it has suffered. SECTION 2. That the Winter Springs City Commission hereby expresses its support of a unified plan for the allocation and use of opioid settlement proceeds as generally described in the Florida Plan, attached hereto as Exhibit “A.” SECTION 3. That the City Manager is hereby expressly authorized to execute the Florida Plan in substantially the form contained in Exhibit “A.” SECTION 4. That the City Manager is hereby authorized to execute any formal agreements implementing a unified plan for the allocation and use of opioid settlement proceeds that is not substantially inconsistent with the Florida Plan and this Resolution. SECTION 5. That the City Clerk be and hereby is instructed to record this Resolution in the appropriate record book upon its adoption. SECTION 6. The City Clerk is hereby directed to furnish a certified copy of this Resolution to the Florida League of Cities, directed to: Attorney General Ashley Moody c\o John M. Guard The Capitol, PL-01 Tallahassee, FL 32399-1050 SECTION 7. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a Regular Meeting duly assembled on the 13th day of December, 2021. __________________________________________ KEVIN McCANN, Mayor ATTEST: _______________________________________ CHRISTIAN GOWAN, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs, Florida only: ________________________________________ ANTHONY A. GARGANESE, City Attorney 74 000003/01288125_1 PROPOSAL MEMORANDUM OF UNDERSTANDING Whereas, the people of the State of Florida and its communities have been harmed by misfeasance, nonfeasance and malfeasance committed by certain entities within the Pharmaceutical Supply Chain; Whereas, the State of Florida, through its Attorney General, and certain Local Governments, through their elected representatives and counsel, are separately engaged in litigation seeking to hold Pharmaceutical Supply Chain Participants accountable for the damage caused by their misfeasance, nonfeasance and malfeasance; Whereas, the State of Florida and its Local Governments share a common desire to abate and alleviate the impacts of that misfeasance, nonfeasance and malfeasance throughout the State of Florida; Whereas, it is the intent of the State of Florida and its Local Governments to use the proceeds from Settlements with Pharmaceutical Supply Chain Participants to increase the amount of funding presently spent on opioid and substance abuse education, treatment and other related programs and services, such as those identified in Exhibits A and B, and to ensure that the funds are expended in compliance with evolving evidence-based “best practices”; Whereas, the State of Florida and its Local Governments, subject to the completion of formal documents that will effectuate the Parties’ agreements, enter into this Memorandum of Understanding (“MOU”) relating to the allocation and use of the proceeds of Settlements described herein; and Whereas, this MOU is a preliminary non-binding agreement between the Parties, is not legally enforceable, and only provides a basis to draft formal documents which will effectuate the Parties’ agreements. A. Definitions As used in this MOU: 1. “Approved Purpose(s)” shall mean forward-looking strategies, programming and services used to expand the availability of treatment for individuals impacted by substance use disorders, to: (a) develop, promote, and provide evidence-based substance use prevention strategies; (b) provide substance use avoidance and awareness education; (c) decrease the oversupply of licit and illicit opioids; and (d) support recovery from addiction. Approved Purposes shall include, but are not limited to, the opioid abatement strategies listed on Exhibits A and B which are incorporated herein by reference. 2. “Local Governments” shall mean all counties, cities, towns and villages located within the geographic boundaries of the State. 3. “Managing Entities” shall mean the corporations selected by and under contract with the Florida Department of Children and Families or its successor (“DCF”) to manage the 75 daily operational delivery of behavioral health services through a coordinated system of care. The singular “Managing Entity” shall refer to a singular of the Managing Entities. 4. “County” shall mean a political subdivision of the state established pursuant to s. 1, Art. VIII of the State Constitution. 5. “Municipalities” shall mean cities, towns, or villages of a County within the State with a Population greater than 10,000 individuals and shall also include cities, towns or villages within the State with a Population equal to or less than 10,000 individuals which filed a Complaint in this litigation against Pharmaceutical Supply Chain Participants. The singular “Municipality” shall refer to a singular of the Municipalities. 6. ‘‘Negotiating Committee” shall mean a three-member group comprised by representatives of the following: (1) the State; and (2) two representatives of Local Governments of which one representative will be from a Municipality and one shall be from a County (collectively, “Members”) within the State. The State shall be represented by the Attorney General or her designee. 7. “Negotiation Class Metrics” shall mean those county and city settlement allocations which come from the official website of the Negotiation Class of counties and cities certified on September 11, 2019 by the U.S. District for the Northern District of Ohio in In re National Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio). The website is located at https://allocationmap.iclaimsonline.com. 8. “Opioid Funds” shall mean monetary amounts obtained through a Settlement as defined in this MOU. 9. “Opioid Related” shall have the same meaning and breadth as in the agreed Opioid Abatement Strategies attached hereto as Exhibits A or B. 10. “Parties” shall mean the State and Local Governments. The singular word “Party” shall mean either the State or Local Governments. 11. “PEC” shall mean the Plaintiffs’ Executive Committee of the National Prescription Opiate Multidistrict Litigation pending in the United States District Court for the Northern District of Ohio. 12. “Pharmaceutical Supply Chain” shall mean the process and channels through which Controlled Substances are manufactured, marketed, promoted, distributed or dispensed. 13. “Pharmaceutical Supply Chain Participant” shall mean any entity that engages in, or has engaged in the manufacture, marketing, promotion, distribution or dispensing of an opioid analgesic. 14. “Population” shall refer to published U.S. Census Bureau population estimates as of July 1, 2019, released March 2020, and shall remain unchanged during the term of this MOU. These estimates can currently be found at https://www.census.gov 76 15. “Qualified County” shall mean a charter or non-chartered county within the State that: has a Population of at least 300,000 individuals and (a) has an opioid taskforce of which it is a member or operates in connection with its municipalities or others on a local or regional basis; (b) has an abatement plan that has been either adopted or is being utilized to respond to the opioid epidemic; (c) is currently either providing or is contracting with others to provide substance abuse prevention, recovery, and treatment services to its citizens; and (d) has or enters into an agreement with a majority of Municipalities (Majority is more than 50% of the Municipalities’ total population) related to the expenditure of Opioid Funds. The Opioid Funds to be paid to a Qualified County will only include Opioid Funds for Municipalities whose claims are released by the Municipality or Opioid Funds for Municipalities whose claims are otherwise barred. 16. “SAMHSA” shall mean the U.S. Department of Health & Human Services, Substance Abuse and Mental Health Services Administration. 17. “Settlement” shall mean the negotiated resolution of legal or equitable claims against a Pharmaceutical Supply Chain Participant when that resolution has been jointly entered into by the State and Local Governments or a settlement class as described in (B)(1) below. 18. “State” shall mean the State of Florida. B. Terms 1. Only Abatement - Other than funds used for the Administrative Costs and Expense Fund as hereinafter described in paragraph 6 and paragraph 9, respectively), all Opioid Funds shall be utilized for Approved Purposes. To accomplish this purpose, the State will either file a new action with Local Governments as Parties or add Local Governments to its existing action, sever settling defendants, and seek entry of a consent order or other order binding both the State, Local Governments, and Pharmaceutical Supply Chain Participant(s) (“Order”). The Order may be part of a class action settlement or similar device. The Order shall provide for continuing jurisdiction of a state court to address non-performance by any party under the Order. Any Local Government that objects to or refuses to be included under the Order or entry of documents necessary to effectuate a Settlement shall not be entitled to any Opioid Funds and its portion of Opioid Funds shall be distributed to, and for the benefit of, the other Local Governments. 2. Avoid Claw Back and Recoupment - Both the State and Local Governments wish to maximize any Settlement and Opioid Funds. In addition to committing to only using funds for the Expense Funds, Administrative Costs and Approved Purposes, both Parties will agree to utilize a percentage of funds for the core strategies highlighted in Exhibit A. Exhibit A contains the programs and strategies prioritized by the U.S. Department of Justice and/or the U.S. Department of Health & Human Services (“Core Strategies”). The State is trying to obtain the United States’ agreement to limit or reduce the United States’ ability to recover or recoup monies from the State and Local Government in exchange for prioritization of funds to certain projects. If no agreement is reached with the United States, then there will be no requirement that a percentage be utilized for Core Strategies. 77 3. Distribution Scheme - All Opioid Funds will initially go to the State, and then be distributed according to the following distribution scheme. The Opioid Funds will be divided into three funds after deducting costs of the Expense Fund detailed in paragraph 9 below: (a) City/County Fund- The city/county fund will receive 15% of all Opioid Funds to directly benefit all Counties and Municipalities. The amounts to be distributed to each County and Municipality shall be determined by the Negotiation Class Metrics or other metrics agreed upon, in writing, by a County and a Municipality. For Local Governments that are not within the definition of County or Municipality, those Local Governments may receive that government’s share of the City/County Fund under the Negotiation Class Metrics, if that government executes a release as part of a Settlement. Any Local Government that is not within the definition of County or Municipality and that does not execute a release as part of a Settlement shall have its share of the City/County Fund go to the County in which it is located. (b) Regional Fund- The regional fund will be subdivided into two parts. (i) The State will annually calculate the share of each County within the State of the regional fund utilizing the sliding scale in section 4 of the allocation contained in the Negotiation Class Metrics or other metrics that the Parties agree upon. (ii) For Qualified Counties, the Qualified County’s share will be paid to the Qualified County and expended on Approved Purposes, including the Core Strategies identified in Exhibit A, if applicable. (iii) For all other Counties, the regional share for each County will be paid to the Managing Entities providing service for that County. The Managing Entities will be required to expend the monies on Approved Purposes, including the Core Strategies. The Managing Entities shall endeavor to the greatest extent possible to expend these monies on counties within the State that are non-Qualified Counties and to ensure that there are services in every County. (c) State Fund - The remainder of Opioid Funds after deducting the costs of the Expense Fund detailed in paragraph 9, the City/County Fund and the Regional Fund will be expended by the State on Approved Purposes, including the provisions related to Core Strategies, if applicable. (d) To the extent that Opioid Funds are not appropriated and expended in a year by the State, the State shall identify the investments where settlement funds will be deposited. Any gains, profits, or interest accrued from the deposit of the Opioid Funds to the extent that any funds are not appropriated and expended within a calendar year, shall be the sole property of the Party that was entitled to the initial deposit. 78 4. Regional Fund Sliding Scale- The Regional Fund shall be calculated by utilizing the following sliding scale of the Opioid Funds available in any year: A. Years 1-6: 40% B. Years 7-9: 35% C. Years 10-12: 34% D. Years 13-15: 33% E. Years 16-18: 30% 5. Opioid Abatement Taskforce or Council - The State will create an Opioid Abatement Taskforce or Council (sometimes hereinafter “Taskforce” or “Council”) to advise the Governor, the Legislature, Florida’s Department of Children and Families (“DCF”), and Local Governments on the priorities that should be addressed as part of the opioid epidemic and to review how monies have been spent and the results that have been achieved with Opioid Funds. (a) Size - The Taskforce or Council shall have ten Members equally balanced between the State and the Local Governments. (b) Appointments Local Governments - Two Municipality representatives will be appointed by or through Florida League of Cities. Two county representatives, one from a Qualified County and one from a county within the State that is not a Qualified County, will be appointed by or through the Florida Association of Counties. The final representative will alternate every two years between being a county representative (appointed by or through Florida Association of Counties) or a Municipality representative (appointed by or through the Florida League of Cities). One Municipality representative must be from a city of less than 50,000 people. One county representative must be from a county less than 200,000 people and the other county representative must be from a county whose population exceeds 200,000 people. (c) Appointments State - (i) The Governor shall appoint two Members. (ii) The Speaker of the House shall appoint one Member. (iii) The Senate President shall appoint one Member. (iv) The Attorney General or her designee shall be a Member. (d) Chair - The Attorney General or designee shall be the chair of the Taskforce or Council. (e) Term - Members will be appointed to serve a two-year term. 79 (f) Support - DCF shall support the Taskforce or Council and the Taskforce or Council shall be administratively housed in DCF. (g) Meetings - The Taskforce or Council shall meet quarterly in person or virtually using communications media technology as defined in section 120.54(5)(b)(2), Florida Statutes. (h) Reporting - The Taskforce or Council shall provide and publish a report annually no later than November 30th or the first business day after November 30th, if November 30th falls on a weekend or is otherwise not a business day. The report shall contain information on how monies were spent the previous fiscal year by the State, each of the Qualified Counties, each of the Managing Entities, and each of the Local Governments. It shall also contain recommendations to the Governor, the Legislature, and Local Governments for priorities among the Approved Purposes for how monies should be spent the coming fiscal year to respond to the opioid epidemic. (i) Accountability - Prior to July 1st of each year, the State and each of the Local Governments shall provide information to DCF about how they intend to expend Opioid Funds in the upcoming fiscal year. The State and each of the Local Government shall report its expenditures to DCF no later than August 31st for the previous fiscal year. The Taskforce or Council will set other data sets that need to be reported to DCF to demonstrate the effectiveness of Approved Purposes. All programs and expenditures shall be audited annually in a similar fashion to SAMHSA programs. Local Governments shall respond and provide documents to any reasonable requests from the State for data or information about programs receiving Opioid Funds. (j) Conflict of Interest - All Members shall adhere to the rules, regulations and laws of Florida including, but not limited to, Florida Statute §112.311, concerning the disclosure of conflicts of interest and recusal from discussions or votes on conflicted matters. 6. Administrative Costs- The State may take no more than a 5% administrative fee from the State Fund (“Administrative Costs”) and any Regional Fund that it administers for counties that are not Qualified Counties. Each Qualified County may take no more than a 5% administrative fee from its share of the Regional Funds. 7. Negotiation of Non-Multistate Settlements - If the State begins negotiations with a Pharmaceutical Supply Chain Participant that is separate and apart from a multi-state negotiation, the State shall include Local Governments that are a part of the Negotiating Committee in such negotiations. No Settlement shall be recommended or accepted without the affirmative votes of both the State and Local Government representatives of the Negotiating Committee. 8. Negotiation of Multistate or Local Government Settlements - To the extent practicable and allowed by other parties to a negotiation, both Parties agree to communicate with 80 members of the Negotiation Committee regarding the terms of any other Pharmaceutical Supply Chain Participant Settlement. 9. Expense Fund - The Parties agree that in any negotiation every effort shall be made to cause Pharmaceutical Supply Chain Participants to pay costs of litigation, including attorneys’ fees, in addition to any agreed to Opioid Funds in the Settlement. To the extent that a fund sufficient to pay the entirety of all contingency fee contracts for Local Governments in the State of Florida is not created as part of a Settlement by a Pharmaceutical Supply Chain Participant, the Parties agree that an additional expense fund for attorneys who represent Local Governments (herein “Expense Fund”) shall be created out of the City/County fund for the purpose of paying the hard costs of a litigating Local Government and then paying attorneys’ fees. (a) The Source of Funds for the Expense Fund- Money for the Expense Fund shall be sourced exclusively from the City/County Fund. (b) The Amount of the Expense Fund- The State recognizes the value litigating Local Governments bring to the State of Florida in connection with the Settlement because their participation increases the amount Incentive Payments due from each Pharmaceutical Supply Chain Participant. In recognition of that value, the amount of funds that shall be deposited into the Expense fund shall be contingent upon on the percentage of litigating Local Government participation in the Settlement, according to the following table: Litigating Local Government Participation in the Settlement (by percentage of the population) Amount that shall be paid into the Expense Fund from (and as a percentage of) the City/County fund 96 to 100% 10% 91 to 95% 7.5% 86 to 90% 5% 85% 2.5% Less than 85% 0% If fewer than 85% percent of the litigating Local Governments (by population) participate, then the Expense Fund shall not be funded, and this Section of the MOU shall be null and void. (c) The Timing of Payments into the Expense Fund- Although the amount of the Expense Fund shall be calculated based on the entirety of payments due to the City/County fund over a ten to eighteen year period, the Expense Fund shall be funded entirely from payments made by Pharmaceutical Supply Chain Participants during the first two years of the Settlement. Accordingly, to offset the amounts being paid from the City/County to the Expense Fund in the first two years, Counties or Municipalities may borrow from the Regional Fund during the first two years and pay the borrowed amounts back to the Regional Fund during years three, four, and five. 81 For the avoidance of doubt, the following provides an illustrative example regarding the calculation of payments and amounts that may be borrowed under the terms of this MOU, consistent with the provisions of this Section: Opioid Funds due to State of Florida and Local Governments (over 10 to 18 years): $1,000 Litigating Local Government Participation: 100% City/County Fund (over 10 to 18 years): $150 Expense Fund (paid over 2 years): $15 Amount Paid to Expense Fund in 1st year: $7.5 Amount Paid to Expense Fund in 2nd year $7.5 Amount that may be borrowed from Regional Fund in 1st year: $7.5 Amount that may be borrowed from Regional Fund in 2nd year: $7.5 Amount that must be paid back to Regional Fund in 3rd year: $5 Amount that must be paid back to Regional Fund in 4th year: $5 Amount that must be paid back to Regional Fund in 5th year: $5 (d) Creation of and Jurisdiction over the Expense Fund- The Expense Fund shall be established, consistent with the provisions of this Section of the MOU, by order of the Circuit Court of the Sixth Judicial Circuit in and for Pasco County, West Pasco Division New Port Richey, Florida, in the matter of The State of Florida, Office of the Attorney General, Department of Legal Affairs v. Purdue Pharma L.P., et al., Case No. 2018-CA-001438 (the “Court”). The Court shall have jurisdiction over the Expense Fund, including authority to allocate and disburse amounts from the Expense Fund and to resolve any disputes concerning the Expense Fund. (e) Allocation of Payments to Counsel from the Expense Fund- As part of the order establishing the Expense Fund, counsel for the litigating Local Governments shall seek to have the Court appoint a third-neutral to serve as a special master for purposes of allocating the Expense Fund. Within 30 days of entry of the order appointing a special master for the Expense Fund, any counsel who intend to seek an award from the Expense Fund shall provide the copies of their contingency fee contracts to the special master. The special master shall then build a mathematical model, which shall be based on each litigating Local Government’s share under the Negotiation Class Metrics and the rate set forth in their contingency contracts, to calculate a proposed award for each litigating Local Government who timely provided a copy of its contingency contract. 10. Dispute resolution- Any one or more of the Local Governments or the State may object to an allocation or expenditure of Opioid Funds solely on the basis that the allocation or expenditure at issue (a) is inconsistent with the Approved Purposes; (b) is inconsistent with the distribution scheme as provided in paragraph 3, or (c) violates the limitations set forth herein with respect to administrative costs or the Expense Fund. There shall be no other basis for bringing an objection to the approval of an allocation or expenditure of Opioid Funds. 82 1 Schedule A Core Strategies States and Qualifying Block Grantees shall choose from among the abatement strategies listed in Schedule B. However, priority shall be given to the following core abatement strategies (“Core Strategies”)[, such that a minimum of __% of the [aggregate] state-level abatement distributions shall be spent on [one or more of] them annually].1 A. Naloxone or other FDA-approved drug to reverse opioid overdoses 1. Expand training for first responders, schools, community support groups and families; and 2. Increase distribution to individuals who are uninsured or whose insurance does not cover the needed service. B. Medication-Assisted Treatment (“MAT”) Distribution and other opioid-related treatment 1. Increase distribution of MAT to non-Medicaid eligible or uninsured individuals; 2. Provide education to school-based and youth-focused programs that discourage or prevent misuse; 3. Provide MAT education and awareness training to healthcare providers, EMTs, law enforcement, and other first responders; and 4. Treatment and Recovery Support Services such as residential and inpatient treatment, intensive outpatient treatment, outpatient therapy or counseling, and recovery housing that allow or integrate medication with other support services. C. Pregnant & Postpartum Women 1. Expand Screening, Brief Intervention, and Referral to Treatment (“SBIRT”) services to non- Medicaid eligible or uninsured pregnant women; 2. Expand comprehensive evidence-based treatment and recovery services, including MAT, for women with co-occurring Opioid Use Disorder (“OUD”) and other Substance Use Disorder (“SUD”)/Mental Health disorders for uninsured individuals for up to 12 months postpartum; and 3. Provide comprehensive wrap-around services to individuals with Opioid Use Disorder (OUD) including housing, transportation, job placement/training, and childcare. D. Expanding Treatment for Neonatal Abstinence Syndrome 1. Expand comprehensive evidence-based and recovery support for NAS babies; 2. Expand services for better continuum of care with infant-need dyad; and 3. Expand long-term treatment and services for medical monitoring of NAS babies and their families. 1 As used in this Schedule A, words like “expand,” “fund,” “provide” or the like shall not indicate a preference for new or existing programs. Priorities will be established through the mechanisms described in the Term Sheet. 83 2 E. Expansion of Warm Hand-off Programs and Recovery Services 1. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments; 2. Expand warm hand-off services to transition to recovery services; 3. Broaden scope of recovery services to include co-occurring SUD or mental health conditions. ; 4. Provide comprehensive wrap-around services to individuals in recovery including housing, transportation, job placement/training, and childcare; and 5. Hire additional social workers or other behavioral health workers to facilitate expansions above. F. Treatment for Incarcerated Population 1. Provide evidence-based treatment and recovery support including MAT for persons with OUD and co-occurring SUD/MH disorders within and transitioning out of the criminal justice system; and 2. Increase funding for jails to provide treatment to inmates with OUD. G. Prevention Programs 1. Funding for media campaigns to prevent opioid use (similar to the FDA’s “Real Cost” campaign to prevent youth from misusing tobacco); 2. Funding for evidence-based prevention programs in schools.; 3. Funding for medical provider education and outreach regarding best prescribing practices for opioids consistent with the 2016 CDC guidelines, including providers at hospitals (academic detailing); 4. Funding for community drug disposal programs; and 5. Funding and training for first responders to participate in pre-arrest diversion programs, post- overdose response teams, or similar strategies that connect at-risk individuals to behavioral health services and supports. H. Expanding Syringe Service Programs 1. Provide comprehensive syringe services programs with more wrap-around services including linkage to OUD treatment, access to sterile syringes, and linkage to care and treatment of infectious diseases. I. Evidence-based data collection and research analyzing the effectiveness of the abatement strategies within the State. 84 3 Schedule B Approved Uses PART ONE: TREATMENT A. TREAT OPIOID USE DISORDER (OUD) Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder or Mental Health (SUD/MH) conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:2 1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions, including all forms of Medication-Assisted Treatment (MAT) approved by the U.S. Food and Drug Administration. 2. Support and reimburse evidence-based services that adhere to the American Society of Addiction Medicine (ASAM) continuum of care for OUD and any co-occurring SUD/MH conditions 3. Expand telehealth to increase access to treatment for OUD and any co-occurring SUD/MH conditions, including MAT, as well as counseling, psychiatric support, and other treatment and recovery support services. 4. Improve oversight of Opioid Treatment Programs (OTPs) to assure evidence-based or evidence- informed practices such as adequate methadone dosing and low threshold approaches to treatment. 5. Support mobile intervention, treatment, and recovery services, offered by qualified professionals and service providers, such as peer recovery coaches, for persons with OUD and any co-occurring SUD/MH conditions and for persons who have experienced an opioid overdose. 6. Treatment of trauma for individuals with OUD (e.g., violence, sexual assault, human trafficking, or adverse childhood experiences) and family members (e.g., surviving family members after an overdose or overdose fatality), and training of health care personnel to identify and address such trauma. 7. Support evidence-based withdrawal management services for people with OUD and any co- occurring mental health conditions. 8. Training on MAT for health care providers, first responders, students, or other supporting professionals, such as peer recovery coaches or recovery outreach specialists, including telementoring to assist community-based providers in rural or underserved areas. 9. Support workforce development for addiction professionals who work with persons with OUD and any co-occurring SUD/MH conditions. 10. Fellowships for addiction medicine specialists for direct patient care, instructors, and clinical research for treatments. 11. Scholarships and supports for behavioral health practitioners or workers involved in addressing OUD and any co-occurring SUD or mental health conditions, including but not limited to training, 2 As used in this Schedule B, words like “expand,” “fund,” “provide” or the like shall not indicate a preference for new or existing programs. Priorities will be established through the mechanisms described in the Term Sheet. 85 4 scholarships, fellowships, loan repayment programs, or other incentives for providers to work in rural or underserved areas. 12. [Intentionally Blank – to be cleaned up later for numbering] 13. Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction Treatment Act of 2000 (DATA 2000) to prescribe MAT for OUD, and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver. 14. Dissemination of web-based training curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service-Opioids web-based training curriculum and motivational interviewing. 15. Development and dissemination of new curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service for Medication-Assisted Treatment. B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY Support people in treatment for or recovery from OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Provide comprehensive wrap-around services to individuals with OUD and any co-occurring SUD/MH conditions, including housing, transportation, education, job placement, job training, or childcare. 2. Provide the full continuum of care of treatment and recovery services for OUD and any co-occurring SUD/MH conditions, including supportive housing, peer support services and counseling, community navigators, case management, and connections to community-based services. 3. Provide counseling, peer-support, recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co-occurring SUD/MH conditions. 4. Provide access to housing for people with OUD and any co-occurring SUD/MH conditions, including supportive housing, recovery housing, housing assistance programs, training for housing providers, or recovery housing programs that allow or integrate FDA-approved medication with other support services. 5. Provide community support services, including social and legal services, to assist in deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions. 6. Support or expand peer-recovery centers, which may include support groups, social events, computer access, or other services for persons with OUD and any co-occurring SUD/MH conditions. 7. Provide or support transportation to treatment or recovery programs or services for persons with OUD and any co-occurring SUD/MH conditions. 8. Provide employment training or educational services for persons in treatment for or recovery from OUD and any co-occurring SUD/MH conditions. 86 5 9. Identify successful recovery programs such as physician, pilot, and college recovery programs, and provide support and technical assistance to increase the number and capacity of high-quality programs to help those in recovery. 10. Engage non-profits, faith-based communities, and community coalitions to support people in treatment and recovery and to support family members in their efforts to support the person with OUD in the family. 11. Training and development of procedures for government staff to appropriately interact and provide social and other services to individuals with or in recovery from OUD, including reducing stigma. 12. Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment. 13. Create or support culturally appropriate services and programs for persons with OUD and any co- occurring SUD/MH conditions, including new Americans. 14. Create and/or support recovery high schools. 15. Hire or train behavioral health workers to provide or expand any of the services or supports listed above. C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED (CONNECTIONS TO CARE) Provide connections to care for people who have – or at risk of developing – OUD and any co- occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat (or refer if necessary) a patient for OUD treatment. 2. Fund Screening, Brief Intervention and Referral to Treatment (SBIRT) programs to reduce the transition from use to disorders, including SBIRT services to pregnant women who are uninsured or not eligible for Medicaid. 3. Provide training and long-term implementation of SBIRT in key systems (health, schools, colleges, criminal justice, and probation), with a focus on youth and young adults when transition from misuse to opioid disorder is common. 4. Purchase automated versions of SBIRT and support ongoing costs of the technology. 5. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments. 6. Training for emergency room personnel treating opioid overdose patients on post-discharge planning, including community referrals for MAT, recovery case management or support services. 7. Support hospital programs that transition persons with OUD and any co-occurring SUD/MH conditions, or persons who have experienced an opioid overdose, into clinically-appropriate follow-up care through a bridge clinic or similar approach. 87 6 8. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co-occurring SUD/MH conditions or persons that have experienced an opioid overdose. 9. Support the work of Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid- related adverse event. 10. Provide funding for peer support specialists or recovery coaches in emergency departments, detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any co-occurring SUD/MH conditions or to persons who have experienced an opioid overdose. 11. Expand warm hand-off services to transition to recovery services. 12. Create or support school-based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people. 13. Develop and support best practices on addressing OUD in the workplace. 14. Support assistance programs for health care providers with OUD. 15. Engage non-profits and the faith community as a system to support outreach for treatment. 16. Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any co-occurring SUD/MH conditions. D. ADDRESS THE NEEDS OF CRIMINAL-JUSTICE-INVOLVED PERSONS Address the needs of persons with OUD and any co-occurring SUD/MH conditions who are involved in, are at risk of becoming involved in, or are transitioning out of the criminal justice system through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Support pre-arrest or pre-arraignment diversion and deflection strategies for persons with OUD and any co-occurring SUD/MH conditions, including established strategies such as: a. Self-referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative (PAARI); b. Active outreach strategies such as the Drug Abuse Response Team (DART) model; c. “Naloxone Plus” strategies, which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriate services; d. Officer prevention strategies, such as the Law Enforcement Assisted Diversion (LEAD) model; e. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; or 88 7 f. Co-responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise 2. Support pre-trial services that connect individuals with OUD and any co-occurring SUD/MH conditions to evidence-informed treatment, including MAT, and related services. 3. Support treatment and recovery courts that provide evidence-based options for persons with OUD and any co-occurring SUD/MH conditions 4. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co-occurring SUD/MH conditions who are incarcerated in jail or prison. 5. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co-occurring SUD/MH conditions who are leaving jail or prison have recently left jail or prison, are on probation or parole, are under community corrections supervision, or are in re-entry programs or facilities. 6. Support critical time interventions (CTI), particularly for individuals living with dual-diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings. 7. Provide training on best practices for addressing the needs of criminal-justice-involved persons with OUD and any co-occurring SUD/MH conditions to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery, harm reduction, case management, or other services offered in connection with any of the strategies described in this section. E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE SYNDROME Address the needs of pregnant or parenting women with OUD and any co-occurring SUD/MH conditions, and the needs of their families, including babies with neonatal abstinence syndrome (NAS), through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Support evidence-based or evidence-informed treatment, including MAT, recovery services and supports, and prevention services for pregnant women – or women who could become pregnant – who have OUD and any co-occurring SUD/MH conditions, and other measures to educate and provide support to families affected by Neonatal Abstinence Syndrome. 2. Expand comprehensive evidence-based treatment and recovery services, including MAT, for uninsured women with OUD and any co-occurring SUD/MH conditions for up to 12 months postpartum. 3. Training for obstetricians or other healthcare personnel that work with pregnant women and their families regarding treatment of OUD and any co-occurring SUD/MH conditions. 4. Expand comprehensive evidence-based treatment and recovery support for NAS babies; expand services for better continuum of care with infant-need dyad; expand long-term treatment and services for medical monitoring of NAS babies and their families. 89 8 5. Provide training to health care providers who work with pregnant or parenting women on best practices for compliance with federal requirements that children born with Neonatal Abstinence Syndrome get referred to appropriate services and receive a plan of safe care. 6. Child and family supports for parenting women with OUD and any co-occurring SUD/MH conditions. 7. Enhanced family supports and child care services for parents with OUD and any co-occurring SUD/MH conditions. 8. Provide enhanced support for children and family members suffering trauma as a result of addiction in the family; and offer trauma-informed behavioral health treatment for adverse childhood events. 9. Offer home-based wrap-around services to persons with OUD and any co-occurring SUD/MH conditions, including but not limited to parent skills training. 10. Support for Children’s Services – Fund additional positions and services, including supportive housing and other residential services, relating to children being removed from the home and/or placed in foster care due to custodial opioid use. PART TWO: PREVENTION F. PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE PRESCRIBING AND DISPENSING OF OPIOIDS Support efforts to prevent over-prescribing and ensure appropriate prescribing and dispensing of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Fund medical provider education and outreach regarding best prescribing practices for opioids consistent with Guidelines for Prescribing Opioids for Chronic Pain from the U.S. Centers for Disease Control and Prevention, including providers at hospitals (academic detailing). 2. Training for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids. 3. Continuing Medical Education (CME) on appropriate prescribing of opioids. 4. Support for non-opioid pain treatment alternatives, including training providers to offer or refer to multi-modal, evidence-informed treatment of pain. 5. Support enhancements or improvements to Prescription Drug Monitoring Programs (PDMPs), including but not limited to improvements that: a. Increase the number of prescribers using PDMPs; b. Improve point-of-care decision-making by increasing the quantity, quality, or format of data available to prescribers using PDMPs, by improving the interface that prescribers use to access PDMP data, or both; or 90 9 c. Enable states to use PDMP data in support of surveillance or intervention strategies, including MAT referrals and follow-up for individuals identified within PDMP data as likely to experience OUD in a manner that complies with all relevant privacy and security laws and rules. 6. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation’s Emergency Medical Technician overdose database in a manner that complies with all relevant privacy and security laws and rules. 7. Increase electronic prescribing to prevent diversion or forgery. 8. Educate Dispensers on appropriate opioid dispensing. G. PREVENT MISUSE OF OPIOIDS Support efforts to discourage or prevent misuse of opioids through evidence-based or evidence- informed programs or strategies that may include, but are not limited to, the following: 1. Fund media campaigns to prevent opioid misuse. 2. Corrective advertising or affirmative public education campaigns based on evidence. 3. Public education relating to drug disposal. 4. Drug take-back disposal or destruction programs. 5. Fund community anti-drug coalitions that engage in drug prevention efforts. 6. Support community coalitions in implementing evidence-informed prevention, such as reduced social access and physical access, stigma reduction – including staffing, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence-informed implementation, including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Administration (SAMHSA). 7. Engage non-profits and faith-based communities as systems to support prevention. 8. Fund evidence-based prevention programs in schools or evidence-informed school and community education programs and campaigns for students, families, school employees, school athletic programs, parent-teacher and student associations, and others. 9. School-based or youth-focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids. 10. Create of support community-based education or intervention services for families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH conditions. 11. Support evidence-informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience skills. 12. Support greater access to mental health services and supports for young people, including services and supports provided by school nurses, behavioral health workers or other school staff, to address 91 10 mental health needs in young people that (when not properly addressed) increase the risk of opioid or other drug misuse. H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION) Support efforts to prevent or reduce overdose deaths or other opioid-related harms through evidence- based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Increase availability and distribution of naloxone and other drugs that treat overdoses for first responders, overdose patients, individuals with OUD and their friends and family members, individuals at high risk of overdose, schools, community navigators and outreach workers, persons being released from jail or prison, or other members of the general public. 2. Public health entities provide free naloxone to anyone in the community 3. Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, community support groups, and other members of the general public. 4. Enable school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support. 5. Expand, improve, or develop data tracking software and applications for overdoses/naloxone revivals. 6. Public education relating to emergency responses to overdoses. 7. Public education relating to immunity and Good Samaritan laws. 8. Educate first responders regarding the existence and operation of immunity and Good Samaritan laws. 9. Syringe service programs and other evidence-informed programs to reduce harms associated with intravenous drug use, including supplies, staffing, space, peer support services, referrals to treatment, fentanyl checking, connections to care, and the full range of harm reduction and treatment services provided by these programs. 10. Expand access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use. 11. Support mobile units that offer or provide referrals to harm reduction services, treatment, recovery supports, health care, or other appropriate services to persons that use opioids or persons with OUD and any co-occurring SUD/MH conditions. 12. Provide training in harm reduction strategies to health care providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OUD and any co-occurring SUD/MH conditions. 13. Support screening for fentanyl in routine clinical toxicology testing. 92 11 PART THREE: OTHER STRATEGIES I. FIRST RESPONDERS In addition to items in sections C, D, and H relating to first responders, support the following: 1. Educate law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs. 2. Provision of wellness and support services for first responders and others who experience secondary trauma associated with opioid-related emergency events. J. LEADERSHIP, PLANNING AND COORDINATION Support efforts to provide leadership, planning, coordination, facilitation, training and technical assistance to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1. Statewide, regional, local, or community regional planning to identify root causes of addiction and overdose, goals for reducing harms related to the opioid epidemic, and areas and populations with the greatest needs for treatment intervention services; to support training and technical assistance; or to support other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 2. A dashboard to share reports, recommendations, or plans to spend opioid settlement funds; to show how opioid settlement funds have been spent; to report program or strategy outcomes; or to track, share, or visualize key opioid-related or health-related indicators and supports as identified through collaborative statewide, regional, local, or community processes. 3. Invest in infrastructure or staffing at government or not-for-profit agencies to support collaborative, cross-system coordination with the purpose of preventing overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any co-occurring SUD/MH conditions, supporting them in treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 4. Provide resources to staff government oversight and management of opioid abatement programs. K. TRAINING In addition to the training referred to throughout this document, support training to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1. Provide funding for staff training or networking programs and services to improve the capability of government, community, and not-for-profit entities to abate the opioid crisis. 2. Support infrastructure and staffing for collaborative cross-system coordination to prevent opioid misuse, prevent overdoses, and treat those with OUD and any co-occurring SUD/MH conditions, or implement other strategies to abate the opioid epidemic described in this opioid abatement strategy list (e.g., health care, primary care, pharmacies, PDMPs, etc.). L. RESEARCH 93 12 Support opioid abatement research that may include, but is not limited to, the following: 1. Monitoring, surveillance, data collection, and evaluation of programs and strategies described in this opioid abatement strategy list. 2. Research non-opioid treatment of chronic pain. 3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders. 4. Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips. 5. Research on innovative supply-side enforcement efforts such as improved detection of mail-based delivery of synthetic opioids. 6. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g. Hawaii HOPE and Dakota 24/7). 7. Epidemiological surveillance of OUD-related behaviors in critical populations including individuals entering the criminal justice system, including but not limited to approaches modeled on the Arrestee Drug Abuse Monitoring (ADAM) system. 8. Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids. 9. Geospatial analysis of access barriers to MAT and their association with treatment engagement and treatment outcomes. 94 Page 1 of 6 April 13, 2021 RE: Opioid Litigation My name is John Guard and I am the Chief Deputy Attorney General for the State of Florida (the “State”). Since she took office, Attorney General Moody has been heavily involved in leading both the State’s ongoing opioid litigation and several different negotiations with defendants in that litigation. Those negotiations have included litigation counsel representing cities and counties. As part of those negotiations to enable Florida to achieve the maximum amount recoverable for both the State and its subdivisions, the State has been negotiating for a lengthy time with outside counsel for nearly all litigating political subdivisions within the State. After multiple sessions and significant compromise by both sides, the attached memorandum of understanding (“MOU”) has been reached. We have offered and the lawyers for the litigating subdivisions are recommending to their clients that the attached MOU be accepted. This proposal is the result of numerous meetings and includes feedback and comments from many local subdivisions. Based on the status of this litigation, the likely structure of any resolution, the potential litigation risks in the absence of such an agreement, the State believe that this proposal reflects a reasonable compromise between the State and its political subdivisions. The purpose of this letter is to summarize the primary terms of the MOU and attempt to anticipate questions that you, your commission, and your internal and/or other legal counsel may have regarding this litigation and allocation proposal. What cases does this MOU apply? This allocation agreement is intended to govern the distribution of settlement proceeds obtained through the Purdue Pharma L.P. (“Purdue”) bankruptcy, the Mallinckrodt PLC (“Mallinckrodt”) bankruptcy, the distributor (Cardinal Health, Inc., McKesson Corp., and ASHLEY MOODY ATTORNEY GENERAL STATE OF FLORIDA PL-01 The Capitol Tallahassee, FL 32399-1050 Phone (850) 414-3300 Fax (850) 487-0168 http://www.myfloridalegal.com OFFICE OF THE ATTORNEY GENERAL 95 Page 2 of 6 AmerisourceBergen Corp. (collectively referred to as the “Distributors”)) and Johnson & Johnson (“J&J”) potential deal, as well as any additional settlements obtained related to the opioid litigation. Why is an allocation agreement necessary and why now? Almost 100 political subdivisions within the State of Florida, as well as the State of Florida itself, have filed suit against numerous entities engaged in the manufacture, marketing, promotion, distribution or dispensing of opioids. Another 30 political subdivisions within the State of Florida have filed claims in the Purdue bankruptcy. The State and the Plaintiffs’ Executive Committee for the Opioid Litigation Multi- District Litigation panel (the “PEC”) are in ongoing negotiations with Purdue, Mallinckrodt, the Distributors, and J&J with potential resolutions anticipated in the coming weeks. Under the likely settlement structure for these cases, states and their political subdivisions are strongly incentivized to reach a joint resolution of all State and political subdivision claims. Under the Distributor and J&J deal, the State and its subdivisions receive a substantially larger settlement amount the higher the number of subdivisions sign on to the deal. Therefore, it is in the best interest of all political subdivisions and the State of Florida to reach an allocation agreement which will permit the joint resolution of all claims within the state. The deals contemplate the need for relatively quick buy in by subdivisions in order to maximize recovery. The pace of negotiations is accelerating, and Purdue has filed its plan of reorganization. Given this accelerating pace, there is a greater sense of urgency among all counsel to come to agreement and resolve how monies are going to be allocated, so that we can move Purdue, Mallinckrodt, and other potential settlements toward finality. Given the Sunshine law, the likely need for public notice and comment, and the complexity of the deals, we need to agree to an allocation plan now to ensure that Florida maximizes recovery. How can funds be utilized? You will see as you review the MOU that the State and its subdivisions, who execute this MOU, are agreeing that almost all the funds from any settlement will go to abatement activities. In other words, funds must be utilized for strategies, programming and services used to expand the availability of treatment for individuals impacted by Opioid Use Disorder or co-occurring Substance Use Disorder and Mental Health disorders (“Approved Purposes”). A non-exclusive list of potential abatement programs and uses are included in Exhibits A and B to the agreement. The list was developed nationally consulting with public health officials in multiple states, experts for the states and subdivisions, and officials within the United States Department of Health and Human Services. These uses are intended to best serve the overall purpose and intention of this litigation, which is to abate the continuing public health crisis of opioid addiction within our communities. While supported by the State, this requirement was imposed the defendants for tax and other reasons. It is also necessary to militate against the United States seeking substantial amounts of settlement funds from both the State and subdivisions as recoupment. 96 Page 3 of 6 How are the funds allocated amongst the States? While not part of the MOU, the States have been negotiating the national allocation for almost two years with an agreement reached in late 2019. Florida’s interstate allocation is 7.03%. That allocation is the second largest allocation in the nation ahead of Texas, which is the second largest state. Florida is one of a handful of states whose allocation is greater and greater by a significant percentage above its population (Florida has 6.54% of the United States’ population). The only states that have larger gains over their population are the opioid belt states: West Virginia, Kentucky, etc. The interstate allocation is the product of two measures. One calculated by the PEC and the other calculated by the States. The data sets chosen are slightly different (including different years and what measures were selected), but the main difference is that some states demanded that population play a more significant factor in the state allocation and it is not a factor in the PEC calculation. Given how much Florida’s allocation percentage is above its population, the need in these settlements to maximize the number of states settling, and the potential litigation risks in the absence of such an agreement, it would be our recommendation that cities and counties accept the interstate allocation. How much money does the State expect for it and its subdivisions? It depends. Each of the current or proposed settlements are for different lengths of time and each contain different variability. In Purdue, payments are paid over a ten-year period and vary with the performance of the ongoing business of the new company and payments from third parties. In Mallinckrodt, payment amounts are still being negotiated, but will be paid over seven years and will vary depending on the value of the emerging company seven years later as part of the recovery is warrants in the re-emerged company. In the Distributor and J&J proposed deal, the proposed deal is over eighteen years and the amount paid varies depending on subdivision participation and whether other subdivisions file opioid related litigation in the future. As part of the MOU, the State is willing to seek judicial or legislative action to reduce the variability of the monies, especially in connection with the Distributor and J&J deal. Our current best guess based on projections and assuming total participation is $120-140M a year for the first few years, $90-110M a year for the middle years, and then $60-70M a year for the later years of the deal for the State and its subdivisions. Again, these numbers can and will vary and hopefully will increase if additional settlements are reached. How are the funds allocated amongst the State and its subdivisions? This Proposal divides all settlement funds between three funds: (1) the City/County Fund; (2) the Regional Fund; and (3) the State Fund. The City/County Fund consists of 15% of the total settlement amounts allocable to the State of Florida. These funds are distributed to all counties and qualifying municipalities in the State of Florida. The allocation of the City/County Fund between counties and municipalities is based on a model referred to as the “Negotiation Class Metrics.” This model was developed in the National 97 Page 4 of 6 Prescription Opiate MDL by the PEC, and considers: (1) the amount of opioids shipped to the county; (2) the number of opioid deaths that occurred in that county; and (3) the number of people who suffer opioid use disorder in that county. Allocations between counties and municipalities within each county use historical federal data showing how the specific county and the cities within it have made opioids-related expenditures in the past. We have attached a spreadsheet to this letter that provides you an estimated amount per year for an amount within each range in the previous question. The Regional Fund consists of a sliding scale between 30% and 40% of the total settlement amounts allocable to the State of Florida, with the largest percentages occurring in the immediate years after settlement and decreasing over time. These funds are allocated to counties in accordance with the “Negotiating Class Metrics” described above. In the case of counties with a population of over 300,000, and which satisfy other criteria regarding abatement infrastructure, (termed “Qualified Counties”) these funds are provided directly to the county. For the remainder of counties within the State, these funds are provided to the Managing Entity (the entity that the State has contracted with to provide substance abuse treatment) for that county, to be spent on approved purposes within the region that the county is a part. For Counties with populations greater than 300,000: We encourage you to review the definition of Qualified County in the MOU, so that you can understand the other requirements that you will have to meet. Importantly, the definition of Qualified County requires that you reach an agreement with at least some municipalities (at least 50% of the population) within your county as to how these funds are spent. The requirements of such agreements are subject to further discussion and negotiation. We have attached a spreadsheet to this letter that provides you an estimated amount per year for an amount within each range in the previous question. The amount will vary for qualified counties depending on how many municipalities in that County: (1) join a settlement; and (2) enter an agreement with a County. For Counties with populations less than 300,000 or that do not qualify as a Qualified County: Currently, a majority of the monies being utilized to respond to the opioid epidemic in the State flow through Managing Entities located regionally who provide service in each community. When we traveled the state before COVID and had discussions with many of you, most (outside a couple large counties) indicated that they had a good working relationship with their Managing Entity. Indeed, several indicated that they were already involved with their Managing Entity. The actual dollar amounts annually paid to smaller counties under the contemplated settlement agreements are not substantial enough to support standalone programs. Given that reality, but wanting to maximize services locally, it made sense to have the monies flow through the existing structure to expand services in each county. If there are issues or problems with 98 Page 5 of 6 Managing Entities, we are happy to engage. We are also happy to try and help communities get involved in or engage with their Managing Entity. We have attached a spreadsheet to this letter that demonstrates the amounts attributable to each county per year for an amount within each range in the previous question. The State Fund consists of the remaining 45% to 55% of the total settlement amounts allocable to the State of Florida, depending on the amount of the Regional Fund above. As with the City/County Fund and Regional Fund, these funds must be spent on Approved Purposes Why should we agree to this allocation? The proposed allocation in the MOU is better than the alternative that subdivisions will receive if they do not enter an agreement with the State. Two of the defendants who we have negotiated with, Purdue and Mallinckrodt are now in bankruptcy. In advance of and in connection with those bankruptcies, the states, the PEC, and city and county representatives negotiated a default intrastate allocation and agreed that it will apply unless a state and its cities and counties agree to something else. A Deputy County Attorney for Broward County, Florida, was involved in the negotiations related to Purdue. Something like the Purdue default allocation is currently in the draft connected to the Distributor and J&J deal. The allocation above is superior for Florida’s subdivisions than that default allocation. Indeed, the State offered substantial improvements over those terms from the beginning of the negotiations that led to this MOU. We have attached a copy of the Purdue abatement term sheet for your review. Under that default allocation, there is no city/county fund. Only subdivisions with populations greater than 400,000 people are eligible to receive any monies directly. Almost all the monies will flow through the Managing Entities who are regionally supplying services. The allocation percentages for the regional bucket are dollar based and decrease to half, far more quickly than in the MOU. In other words, the allocation in this MOU allows a far greater recovery directly to each Florida city and county than the alternative and greater recoveries regionally for all subdivisions. The allocation is also better than the cities and counties would achieve if damages were proportionally allocated. In the Purdue bankruptcy, over one hundred twenty-five Florida subdivisions filed proofs of claims. When the size of those claims is compared to that of the State’s claim, the State’s claim was more than four, almost five times larger than all the subdivisions’ claims combined. Subdivisions are getting substantially more than what their proportional share would be. The State is willing to agree to the larger because it frankly reflects the reality of how monies are currently being spent and is consistent with how the legislature has been appropriating monies to combat this crisis. If individual subdivisions do not agree to a settlement, what will happen? If there are hold outs or subdivisions that do not respond, the MOU contemplates that the State will either file a new suit or sever its claims against settling defendants from its existing opioid lawsuit and add political subdivisions and through either a class action mechanism or declaratory relief seek to bar future subdivision claims. Such action is necessary to ensure that the State and any subdivisions that agree to a settlement maximize their recoveries. This not a 99 Page 6 of 6 novel position and there is a substantial body of Florida law that exists that the State may resolve and release public claims including subdivision claims.1 That being said, the State would prefer that we reach agreement on the allocation under the proposed MOU and handle things consensually. But, if there are holdouts, the State is prepared to litigate or seek legislation from the legislature to ensure that cities and counties that agree to this MOU are protected and will receive the recovery contemplated under the allocation. What are the next steps and the timeline? We would ask that you review the attached MOU and proposed model resolution supporting an agreement on the MOU terms. We will be scheduling calls to answer questions about the MOU. We would ask each subdivision to think about who is attending each session and ensure that any of those discussions will not violate Florida’s government-in-the-sunshine law. If you will contact my administrator, Janna Barineau, by e-mail (Janna.Barineau@myfloridalegal.com), we will include you in those discussions. After those discussions, we would then ask that you follow Florida law for approving such a resolution by your commission and in due course, pass it, and return a copy to me at the address on the first page of the letter. Potential settlements are anticipated in the coming weeks or months, but I cannot tell you exactly when a settlement will be finalized. These proposed settlements are anticipated to include provisions which establish time limits on agreements between states and political subdivisions. As a result, we would request that you pass a resolution in the next 60-90 days, if possible. Sincerely, John M. Guard, Chief Deputy Attorney General Enc. Proposal with Ex. A and B Recovery Spreadsheet Purdue Abatement Term Sheet 1 See Fla. Stat. §501.207(1)(c)(authorizing the Attorney General to bring “[a]n action on behalf of one or more consumers or government entities for actual damages…” under Florida’s Deceptive and Unfair Trade Practices Act); e.g., Engle v. Liggett Group, Inc., 945 So. 2d 1246, 1258-62 (Fla. 2006); Young v. Miami Beach Improvement Co., 46 So. 2d 26, 30 (Fla. 1950); Castro v. Sun Bank of Bal Harbour, 370 So. 2d 392, 393 (Fla. 3d DCA1979); City of New Port Richey v. State ex rel. O’Malley, 145 So. 903, 905 (Fla. 2d DCA 1962); also State of Florida ex rel. Shevin v. Exxon Corp., 526 F.2d 266, 275 (5th Cir. 1976) (holding that the Attorney General could file suit seeking damages for injuries sustained by government entities who had not specifically authorized the Attorney General to do so); Eggers v. City of Key West, 2007 WL 9702450, at *3 (S.D. Fla. Feb. 26, 2007) (concluding “[a]pplicable Florida law states that a judgment in an action brought against a public entity that adjudicates matters of general interest to the citizens of the jurisdiction is binding on all citizens of that jurisdiction.”); Aerojet-General Corp. v. Askew, 366 F. Supp. 901, 908-11 (N.D. Fla. 1973). 100 000003/01288125_1 PROPOSAL MEMORANDUM OF UNDERSTANDING Whereas, the people of the State of Florida and its communities have been harmed by misfeasance, nonfeasance and malfeasance committed by certain entities within the Pharmaceutical Supply Chain; Whereas, the State of Florida, through its Attorney General, and certain Local Governments, through their elected representatives and counsel, are separately engaged in litigation seeking to hold Pharmaceutical Supply Chain Participants accountable for the damage caused by their misfeasance, nonfeasance and malfeasance; Whereas, the State of Florida and its Local Governments share a common desire to abate and alleviate the impacts of that misfeasance, nonfeasance and malfeasance throughout the State of Florida; Whereas, it is the intent of the State of Florida and its Local Governments to use the proceeds from Settlements with Pharmaceutical Supply Chain Participants to increase the amount of funding presently spent on opioid and substance abuse education, treatment and other related programs and services, such as those identified in Exhibits A and B, and to ensure that the funds are expended in compliance with evolving evidence-based “best practices”; Whereas, the State of Florida and its Local Governments, subject to the completion of formal documents that will effectuate the Parties’ agreements, enter into this Memorandum of Understanding (“MOU”) relating to the allocation and use of the proceeds of Settlements described herein; and Whereas, this MOU is a preliminary non-binding agreement between the Parties, is not legally enforceable, and only provides a basis to draft formal documents which will effectuate the Parties’ agreements. A. Definitions As used in this MOU: 1. “Approved Purpose(s)” shall mean forward-looking strategies, programming and services used to expand the availability of treatment for individuals impacted by substance use disorders, to: (a) develop, promote, and provide evidence-based substance use prevention strategies; (b) provide substance use avoidance and awareness education; (c) decrease the oversupply of licit and illicit opioids; and (d) support recovery from addiction. Approved Purposes shall include, but are not limited to, the opioid abatement strategies listed on Exhibits A and B which are incorporated herein by reference. 2. “Local Governments” shall mean all counties, cities, towns and villages located within the geographic boundaries of the State. 3. “Managing Entities” shall mean the corporations selected by and under contract with the Florida Department of Children and Families or its successor (“DCF”) to manage the 101 daily operational delivery of behavioral health services through a coordinated system of care. The singular “Managing Entity” shall refer to a singular of the Managing Entities. 4. “County” shall mean a political subdivision of the state established pursuant to s. 1, Art. VIII of the State Constitution. 5. “Municipalities” shall mean cities, towns, or villages of a County within the State with a Population greater than 10,000 individuals and shall also include cities, towns or villages within the State with a Population equal to or less than 10,000 individuals which filed a Complaint in this litigation against Pharmaceutical Supply Chain Participants. The singular “Municipality” shall refer to a singular of the Municipalities. 6. ‘‘Negotiating Committee” shall mean a three-member group comprised by representatives of the following: (1) the State; and (2) two representatives of Local Governments of which one representative will be from a Municipality and one shall be from a County (collectively, “Members”) within the State. The State shall be represented by the Attorney General or her designee. 7. “Negotiation Class Metrics” shall mean those county and city settlement allocations which come from the official website of the Negotiation Class of counties and cities certified on September 11, 2019 by the U.S. District for the Northern District of Ohio in In re National Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio). The website is located at https://allocationmap.iclaimsonline.com. 8. “Opioid Funds” shall mean monetary amounts obtained through a Settlement as defined in this MOU. 9. “Opioid Related” shall have the same meaning and breadth as in the agreed Opioid Abatement Strategies attached hereto as Exhibits A or B. 10. “Parties” shall mean the State and Local Governments. The singular word “Party” shall mean either the State or Local Governments. 11. “PEC” shall mean the Plaintiffs’ Executive Committee of the National Prescription Opiate Multidistrict Litigation pending in the United States District Court for the Northern District of Ohio. 12. “Pharmaceutical Supply Chain” shall mean the process and channels through which Controlled Substances are manufactured, marketed, promoted, distributed or dispensed. 13. “Pharmaceutical Supply Chain Participant” shall mean any entity that engages in, or has engaged in the manufacture, marketing, promotion, distribution or dispensing of an opioid analgesic. 14. “Population” shall refer to published U.S. Census Bureau population estimates as of July 1, 2019, released March 2020, and shall remain unchanged during the term of this MOU. These estimates can currently be found at https://www.census.gov 102 15. “Qualified County” shall mean a charter or non-chartered county within the State that: has a Population of at least 300,000 individuals and (a) has an opioid taskforce of which it is a member or operates in connection with its municipalities or others on a local or regional basis; (b) has an abatement plan that has been either adopted or is being utilized to respond to the opioid epidemic; (c) is currently either providing or is contracting with others to provide substance abuse prevention, recovery, and treatment services to its citizens; and (d) has or enters into an agreement with a majority of Municipalities (Majority is more than 50% of the Municipalities’ total population) related to the expenditure of Opioid Funds. The Opioid Funds to be paid to a Qualified County will only include Opioid Funds for Municipalities whose claims are released by the Municipality or Opioid Funds for Municipalities whose claims are otherwise barred. 16. “SAMHSA” shall mean the U.S. Department of Health & Human Services, Substance Abuse and Mental Health Services Administration. 17. “Settlement” shall mean the negotiated resolution of legal or equitable claims against a Pharmaceutical Supply Chain Participant when that resolution has been jointly entered into by the State and Local Governments or a settlement class as described in (B)(1) below. 18. “State” shall mean the State of Florida. B. Terms 1. Only Abatement - Other than funds used for the Administrative Costs and Expense Fund as hereinafter described in paragraph 6 and paragraph 9, respectively), all Opioid Funds shall be utilized for Approved Purposes. To accomplish this purpose, the State will either file a new action with Local Governments as Parties or add Local Governments to its existing action, sever settling defendants, and seek entry of a consent order or other order binding both the State, Local Governments, and Pharmaceutical Supply Chain Participant(s) (“Order”). The Order may be part of a class action settlement or similar device. The Order shall provide for continuing jurisdiction of a state court to address non-performance by any party under the Order. Any Local Government that objects to or refuses to be included under the Order or entry of documents necessary to effectuate a Settlement shall not be entitled to any Opioid Funds and its portion of Opioid Funds shall be distributed to, and for the benefit of, the other Local Governments. 2. Avoid Claw Back and Recoupment - Both the State and Local Governments wish to maximize any Settlement and Opioid Funds. In addition to committing to only using funds for the Expense Funds, Administrative Costs and Approved Purposes, both Parties will agree to utilize a percentage of funds for the core strategies highlighted in Exhibit A. Exhibit A contains the programs and strategies prioritized by the U.S. Department of Justice and/or the U.S. Department of Health & Human Services (“Core Strategies”). The State is trying to obtain the United States’ agreement to limit or reduce the United States’ ability to recover or recoup monies from the State and Local Government in exchange for prioritization of funds to certain projects. If no agreement is reached with the United States, then there will be no requirement that a percentage be utilized for Core Strategies. 103 3. Distribution Scheme - All Opioid Funds will initially go to the State, and then be distributed according to the following distribution scheme. The Opioid Funds will be divided into three funds after deducting costs of the Expense Fund detailed in paragraph 9 below: (a) City/County Fund- The city/county fund will receive 15% of all Opioid Funds to directly benefit all Counties and Municipalities. The amounts to be distributed to each County and Municipality shall be determined by the Negotiation Class Metrics or other metrics agreed upon, in writing, by a County and a Municipality. For Local Governments that are not within the definition of County or Municipality, those Local Governments may receive that government’s share of the City/County Fund under the Negotiation Class Metrics, if that government executes a release as part of a Settlement. Any Local Government that is not within the definition of County or Municipality and that does not execute a release as part of a Settlement shall have its share of the City/County Fund go to the County in which it is located. (b) Regional Fund- The regional fund will be subdivided into two parts. (i) The State will annually calculate the share of each County within the State of the regional fund utilizing the sliding scale in section 4 of the allocation contained in the Negotiation Class Metrics or other metrics that the Parties agree upon. (ii) For Qualified Counties, the Qualified County’s share will be paid to the Qualified County and expended on Approved Purposes, including the Core Strategies identified in Exhibit A, if applicable. (iii) For all other Counties, the regional share for each County will be paid to the Managing Entities providing service for that County. The Managing Entities will be required to expend the monies on Approved Purposes, including the Core Strategies. The Managing Entities shall endeavor to the greatest extent possible to expend these monies on counties within the State that are non-Qualified Counties and to ensure that there are services in every County. (c) State Fund - The remainder of Opioid Funds after deducting the costs of the Expense Fund detailed in paragraph 9, the City/County Fund and the Regional Fund will be expended by the State on Approved Purposes, including the provisions related to Core Strategies, if applicable. (d) To the extent that Opioid Funds are not appropriated and expended in a year by the State, the State shall identify the investments where settlement funds will be deposited. Any gains, profits, or interest accrued from the deposit of the Opioid Funds to the extent that any funds are not appropriated and expended within a calendar year, shall be the sole property of the Party that was entitled to the initial deposit. 104 4. Regional Fund Sliding Scale- The Regional Fund shall be calculated by utilizing the following sliding scale of the Opioid Funds available in any year: A. Years 1-6: 40% B. Years 7-9: 35% C. Years 10-12: 34% D. Years 13-15: 33% E. Years 16-18: 30% 5. Opioid Abatement Taskforce or Council - The State will create an Opioid Abatement Taskforce or Council (sometimes hereinafter “Taskforce” or “Council”) to advise the Governor, the Legislature, Florida’s Department of Children and Families (“DCF”), and Local Governments on the priorities that should be addressed as part of the opioid epidemic and to review how monies have been spent and the results that have been achieved with Opioid Funds. (a) Size - The Taskforce or Council shall have ten Members equally balanced between the State and the Local Governments. (b) Appointments Local Governments - Two Municipality representatives will be appointed by or through Florida League of Cities. Two county representatives, one from a Qualified County and one from a county within the State that is not a Qualified County, will be appointed by or through the Florida Association of Counties. The final representative will alternate every two years between being a county representative (appointed by or through Florida Association of Counties) or a Municipality representative (appointed by or through the Florida League of Cities). One Municipality representative must be from a city of less than 50,000 people. One county representative must be from a county less than 200,000 people and the other county representative must be from a county whose population exceeds 200,000 people. (c) Appointments State - (i) The Governor shall appoint two Members. (ii) The Speaker of the House shall appoint one Member. (iii) The Senate President shall appoint one Member. (iv) The Attorney General or her designee shall be a Member. (d) Chair - The Attorney General or designee shall be the chair of the Taskforce or Council. (e) Term - Members will be appointed to serve a two-year term. 105 (f) Support - DCF shall support the Taskforce or Council and the Taskforce or Council shall be administratively housed in DCF. (g) Meetings - The Taskforce or Council shall meet quarterly in person or virtually using communications media technology as defined in section 120.54(5)(b)(2), Florida Statutes. (h) Reporting - The Taskforce or Council shall provide and publish a report annually no later than November 30th or the first business day after November 30th, if November 30th falls on a weekend or is otherwise not a business day. The report shall contain information on how monies were spent the previous fiscal year by the State, each of the Qualified Counties, each of the Managing Entities, and each of the Local Governments. It shall also contain recommendations to the Governor, the Legislature, and Local Governments for priorities among the Approved Purposes for how monies should be spent the coming fiscal year to respond to the opioid epidemic. (i) Accountability - Prior to July 1st of each year, the State and each of the Local Governments shall provide information to DCF about how they intend to expend Opioid Funds in the upcoming fiscal year. The State and each of the Local Government shall report its expenditures to DCF no later than August 31st for the previous fiscal year. The Taskforce or Council will set other data sets that need to be reported to DCF to demonstrate the effectiveness of Approved Purposes. All programs and expenditures shall be audited annually in a similar fashion to SAMHSA programs. Local Governments shall respond and provide documents to any reasonable requests from the State for data or information about programs receiving Opioid Funds. (j) Conflict of Interest - All Members shall adhere to the rules, regulations and laws of Florida including, but not limited to, Florida Statute §112.311, concerning the disclosure of conflicts of interest and recusal from discussions or votes on conflicted matters. 6. Administrative Costs- The State may take no more than a 5% administrative fee from the State Fund (“Administrative Costs”) and any Regional Fund that it administers for counties that are not Qualified Counties. Each Qualified County may take no more than a 5% administrative fee from its share of the Regional Funds. 7. Negotiation of Non-Multistate Settlements - If the State begins negotiations with a Pharmaceutical Supply Chain Participant that is separate and apart from a multi-state negotiation, the State shall include Local Governments that are a part of the Negotiating Committee in such negotiations. No Settlement shall be recommended or accepted without the affirmative votes of both the State and Local Government representatives of the Negotiating Committee. 8. Negotiation of Multistate or Local Government Settlements - To the extent practicable and allowed by other parties to a negotiation, both Parties agree to communicate with 106 members of the Negotiation Committee regarding the terms of any other Pharmaceutical Supply Chain Participant Settlement. 9. Expense Fund - The Parties agree that in any negotiation every effort shall be made to cause Pharmaceutical Supply Chain Participants to pay costs of litigation, including attorneys’ fees, in addition to any agreed to Opioid Funds in the Settlement. To the extent that a fund sufficient to pay the entirety of all contingency fee contracts for Local Governments in the State of Florida is not created as part of a Settlement by a Pharmaceutical Supply Chain Participant, the Parties agree that an additional expense fund for attorneys who represent Local Governments (herein “Expense Fund”) shall be created out of the City/County fund for the purpose of paying the hard costs of a litigating Local Government and then paying attorneys’ fees. (a) The Source of Funds for the Expense Fund- Money for the Expense Fund shall be sourced exclusively from the City/County Fund. (b) The Amount of the Expense Fund- The State recognizes the value litigating Local Governments bring to the State of Florida in connection with the Settlement because their participation increases the amount Incentive Payments due from each Pharmaceutical Supply Chain Participant. In recognition of that value, the amount of funds that shall be deposited into the Expense fund shall be contingent upon on the percentage of litigating Local Government participation in the Settlement, according to the following table: Litigating Local Government Participation in the Settlement (by percentage of the population) Amount that shall be paid into the Expense Fund from (and as a percentage of) the City/County fund 96 to 100% 10% 91 to 95% 7.5% 86 to 90% 5% 85% 2.5% Less than 85% 0% If fewer than 85% percent of the litigating Local Governments (by population) participate, then the Expense Fund shall not be funded, and this Section of the MOU shall be null and void. (c) The Timing of Payments into the Expense Fund- Although the amount of the Expense Fund shall be calculated based on the entirety of payments due to the City/County fund over a ten to eighteen year period, the Expense Fund shall be funded entirely from payments made by Pharmaceutical Supply Chain Participants during the first two years of the Settlement. Accordingly, to offset the amounts being paid from the City/County to the Expense Fund in the first two years, Counties or Municipalities may borrow from the Regional Fund during the first two years and pay the borrowed amounts back to the Regional Fund during years three, four, and five. 107 For the avoidance of doubt, the following provides an illustrative example regarding the calculation of payments and amounts that may be borrowed under the terms of this MOU, consistent with the provisions of this Section: Opioid Funds due to State of Florida and Local Governments (over 10 to 18 years): $1,000 Litigating Local Government Participation: 100% City/County Fund (over 10 to 18 years): $150 Expense Fund (paid over 2 years): $15 Amount Paid to Expense Fund in 1st year: $7.5 Amount Paid to Expense Fund in 2nd year $7.5 Amount that may be borrowed from Regional Fund in 1st year: $7.5 Amount that may be borrowed from Regional Fund in 2nd year: $7.5 Amount that must be paid back to Regional Fund in 3rd year: $5 Amount that must be paid back to Regional Fund in 4th year: $5 Amount that must be paid back to Regional Fund in 5th year: $5 (d) Creation of and Jurisdiction over the Expense Fund- The Expense Fund shall be established, consistent with the provisions of this Section of the MOU, by order of the Circuit Court of the Sixth Judicial Circuit in and for Pasco County, West Pasco Division New Port Richey, Florida, in the matter of The State of Florida, Office of the Attorney General, Department of Legal Affairs v. Purdue Pharma L.P., et al., Case No. 2018-CA-001438 (the “Court”). The Court shall have jurisdiction over the Expense Fund, including authority to allocate and disburse amounts from the Expense Fund and to resolve any disputes concerning the Expense Fund. (e) Allocation of Payments to Counsel from the Expense Fund- As part of the order establishing the Expense Fund, counsel for the litigating Local Governments shall seek to have the Court appoint a third-neutral to serve as a special master for purposes of allocating the Expense Fund. Within 30 days of entry of the order appointing a special master for the Expense Fund, any counsel who intend to seek an award from the Expense Fund shall provide the copies of their contingency fee contracts to the special master. The special master shall then build a mathematical model, which shall be based on each litigating Local Government’s share under the Negotiation Class Metrics and the rate set forth in their contingency contracts, to calculate a proposed award for each litigating Local Government who timely provided a copy of its contingency contract. 10. Dispute resolution- Any one or more of the Local Governments or the State may object to an allocation or expenditure of Opioid Funds solely on the basis that the allocation or expenditure at issue (a) is inconsistent with the Approved Purposes; (b) is inconsistent with the distribution scheme as provided in paragraph 3, or (c) violates the limitations set forth herein with respect to administrative costs or the Expense Fund. There shall be no other basis for bringing an objection to the approval of an allocation or expenditure of Opioid Funds. 108 1 Schedule A Core Strategies States and Qualifying Block Grantees shall choose from among the abatement strategies listed in Schedule B. However, priority shall be given to the following core abatement strategies (“Core Strategies”)[, such that a minimum of __% of the [aggregate] state-level abatement distributions shall be spent on [one or more of] them annually].1 A. Naloxone or other FDA-approved drug to reverse opioid overdoses 1. Expand training for first responders, schools, community support groups and families; and 2. Increase distribution to individuals who are uninsured or whose insurance does not cover the needed service. B. Medication-Assisted Treatment (“MAT”) Distribution and other opioid-related treatment 1. Increase distribution of MAT to non-Medicaid eligible or uninsured individuals; 2. Provide education to school-based and youth-focused programs that discourage or prevent misuse; 3. Provide MAT education and awareness training to healthcare providers, EMTs, law enforcement, and other first responders; and 4. Treatment and Recovery Support Services such as residential and inpatient treatment, intensive outpatient treatment, outpatient therapy or counseling, and recovery housing that allow or integrate medication with other support services. C. Pregnant & Postpartum Women 1. Expand Screening, Brief Intervention, and Referral to Treatment (“SBIRT”) services to non-Medicaid eligible or uninsured pregnant women; 2. Expand comprehensive evidence-based treatment and recovery services, including MAT, for women with co-occurring Opioid Use Disorder (“OUD”) and other Substance Use Disorder (“SUD”)/Mental Health disorders for uninsured individuals for up to 12 months postpartum; and 3. Provide comprehensive wrap-around services to individuals with Opioid Use Disorder (OUD) including housing, transportation, job placement/training, and childcare. D. Expanding Treatment for Neonatal Abstinence Syndrome 1. Expand comprehensive evidence-based and recovery support for NAS babies; 2. Expand services for better continuum of care with infant-need dyad; and 3. Expand long-term treatment and services for medical monitoring of NAS babies and their families. 1 As used in this Schedule A, words like “expand,” “fund,” “provide” or the like shall not indicate a preference for new or existing programs. Priorities will be established through the mechanisms described in the Term Sheet. 109 2 E. Expansion of Warm Hand-off Programs and Recovery Services 1. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments; 2. Expand warm hand-off services to transition to recovery services; 3. Broaden scope of recovery services to include co-occurring SUD or mental health conditions. ; 4. Provide comprehensive wrap-around services to individuals in recovery including housing, transportation, job placement/training, and childcare; and 5. Hire additional social workers or other behavioral health workers to facilitate expansions above. F. Treatment for Incarcerated Population 1. Provide evidence-based treatment and recovery support including MAT for persons with OUD and co-occurring SUD/MH disorders within and transitioning out of the criminal justice system; and 2. Increase funding for jails to provide treatment to inmates with OUD. G. Prevention Programs 1. Funding for media campaigns to prevent opioid use (similar to the FDA’s “Real Cost” campaign to prevent youth from misusing tobacco); 2. Funding for evidence-based prevention programs in schools.; 3. Funding for medical provider education and outreach regarding best prescribing practices for opioids consistent with the 2016 CDC guidelines, including providers at hospitals (academic detailing); 4. Funding for community drug disposal programs; and 5. Funding and training for first responders to participate in pre-arrest diversion programs, post-overdose response teams, or similar strategies that connect at-risk individuals to behavioral health services and supports. H. Expanding Syringe Service Programs 1. Provide comprehensive syringe services programs with more wrap-around services including linkage to OUD treatment, access to sterile syringes, and linkage to care and treatment of infectious diseases. I. Evidence-based data collection and research analyzing the effectiveness of the abatement strategies within the State. 110 3 Schedule B Approved Uses PART ONE: TREATMENT A. TREAT OPIOID USE DISORDER (OUD) Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder or Mental Health (SUD/MH) conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:2 1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions, including all forms of Medication-Assisted Treatment (MAT) approved by the U.S. Food and Drug Administration. 2. Support and reimburse evidence-based services that adhere to the American Society of Addiction Medicine (ASAM) continuum of care for OUD and any co-occurring SUD/MH conditions 3. Expand telehealth to increase access to treatment for OUD and any co-occurring SUD/MH conditions, including MAT, as well as counseling, psychiatric support, and other treatment and recovery support services. 4. Improve oversight of Opioid Treatment Programs (OTPs) to assure evidence-based or evidence-informed practices such as adequate methadone dosing and low threshold approaches to treatment. 5. Support mobile intervention, treatment, and recovery services, offered by qualified professionals and service providers, such as peer recovery coaches, for persons with OUD and any co-occurring SUD/MH conditions and for persons who have experienced an opioid overdose. 6. Treatment of trauma for individuals with OUD (e.g., violence, sexual assault, human trafficking, or adverse childhood experiences) and family members (e.g., surviving family members after an overdose or overdose fatality), and training of health care personnel to identify and address such trauma. 7. Support evidence-based withdrawal management services for people with OUD and any co-occurring mental health conditions. 8. Training on MAT for health care providers, first responders, students, or other supporting professionals, such as peer recovery coaches or recovery outreach specialists, including telementoring to assist community-based providers in rural or underserved areas. 9. Support workforce development for addiction professionals who work with persons with OUD and any co-occurring SUD/MH conditions. 10. Fellowships for addiction medicine specialists for direct patient care, instructors, and clinical research for treatments. 11. Scholarships and supports for behavioral health practitioners or workers involved in addressing OUD and any co-occurring SUD or mental health conditions, including but not limited to training, 2 As used in this Schedule B, words like “expand,” “fund,” “provide” or the like shall not indicate a preference for new or existing programs. Priorities will be established through the mechanisms described in the Term Sheet. 111 4 scholarships, fellowships, loan repayment programs, or other incentives for providers to work in rural or underserved areas. 12. [Intentionally Blank – to be cleaned up later for numbering] 13. Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction Treatment Act of 2000 (DATA 2000) to prescribe MAT for OUD, and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver. 14. Dissemination of web-based training curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service-Opioids web-based training curriculum and motivational interviewing. 15. Development and dissemination of new curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service for Medication-Assisted Treatment. B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY Support people in treatment for or recovery from OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Provide comprehensive wrap-around services to individuals with OUD and any co-occurring SUD/MH conditions, including housing, transportation, education, job placement, job training, or childcare. 2. Provide the full continuum of care of treatment and recovery services for OUD and any co-occurring SUD/MH conditions, including supportive housing, peer support services and counseling, community navigators, case management, and connections to community-based services. 3. Provide counseling, peer-support, recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co-occurring SUD/MH conditions. 4. Provide access to housing for people with OUD and any co-occurring SUD/MH conditions, including supportive housing, recovery housing, housing assistance programs, training for housing providers, or recovery housing programs that allow or integrate FDA-approved medication with other support services. 5. Provide community support services, including social and legal services, to assist in deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions. 6. Support or expand peer-recovery centers, which may include support groups, social events, computer access, or other services for persons with OUD and any co-occurring SUD/MH conditions. 7. Provide or support transportation to treatment or recovery programs or services for persons with OUD and any co-occurring SUD/MH conditions. 8. Provide employment training or educational services for persons in treatment for or recovery from OUD and any co-occurring SUD/MH conditions. 112 5 9. Identify successful recovery programs such as physician, pilot, and college recovery programs, and provide support and technical assistance to increase the number and capacity of high-quality programs to help those in recovery. 10. Engage non-profits, faith-based communities, and community coalitions to support people in treatment and recovery and to support family members in their efforts to support the person with OUD in the family. 11. Training and development of procedures for government staff to appropriately interact and provide social and other services to individuals with or in recovery from OUD, including reducing stigma. 12. Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment. 13. Create or support culturally appropriate services and programs for persons with OUD and any co- occurring SUD/MH conditions, including new Americans. 14. Create and/or support recovery high schools. 15. Hire or train behavioral health workers to provide or expand any of the services or supports listed above. C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED (CONNECTIONS TO CARE) Provide connections to care for people who have – or at risk of developing – OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat (or refer if necessary) a patient for OUD treatment. 2. Fund Screening, Brief Intervention and Referral to Treatment (SBIRT) programs to reduce the transition from use to disorders, including SBIRT services to pregnant women who are uninsured or not eligible for Medicaid. 3. Provide training and long-term implementation of SBIRT in key systems (health, schools, colleges, criminal justice, and probation), with a focus on youth and young adults when transition from misuse to opioid disorder is common. 4. Purchase automated versions of SBIRT and support ongoing costs of the technology. 5. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments. 6. Training for emergency room personnel treating opioid overdose patients on post-discharge planning, including community referrals for MAT, recovery case management or support services. 7. Support hospital programs that transition persons with OUD and any co-occurring SUD/MH conditions, or persons who have experienced an opioid overdose, into clinically-appropriate follow-up care through a bridge clinic or similar approach. 113 6 8. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co-occurring SUD/MH conditions or persons that have experienced an opioid overdose. 9. Support the work of Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid-related adverse event. 10. Provide funding for peer support specialists or recovery coaches in emergency departments, detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any co-occurring SUD/MH conditions or to persons who have experienced an opioid overdose. 11. Expand warm hand-off services to transition to recovery services. 12. Create or support school-based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people. 13. Develop and support best practices on addressing OUD in the workplace. 14. Support assistance programs for health care providers with OUD. 15. Engage non-profits and the faith community as a system to support outreach for treatment. 16. Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any co-occurring SUD/MH conditions. D. ADDRESS THE NEEDS OF CRIMINAL-JUSTICE-INVOLVED PERSONS Address the needs of persons with OUD and any co-occurring SUD/MH conditions who are involved in, are at risk of becoming involved in, or are transitioning out of the criminal justice system through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Support pre-arrest or pre-arraignment diversion and deflection strategies for persons with OUD and any co-occurring SUD/MH conditions, including established strategies such as: a. Self-referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative (PAARI); b. Active outreach strategies such as the Drug Abuse Response Team (DART) model; c. “Naloxone Plus” strategies, which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriate services; d. Officer prevention strategies, such as the Law Enforcement Assisted Diversion (LEAD) model; e. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; or 114 7 f. Co-responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise 2. Support pre-trial services that connect individuals with OUD and any co-occurring SUD/MH conditions to evidence-informed treatment, including MAT, and related services. 3. Support treatment and recovery courts that provide evidence-based options for persons with OUD and any co-occurring SUD/MH conditions 4. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co-occurring SUD/MH conditions who are incarcerated in jail or prison. 5. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co-occurring SUD/MH conditions who are leaving jail or prison have recently left jail or prison, are on probation or parole, are under community corrections supervision, or are in re-entry programs or facilities. 6. Support critical time interventions (CTI), particularly for individuals living with dual-diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings. 7. Provide training on best practices for addressing the needs of criminal-justice-involved persons with OUD and any co-occurring SUD/MH conditions to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery, harm reduction, case management, or other services offered in connection with any of the strategies described in this section. E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE SYNDROME Address the needs of pregnant or parenting women with OUD and any co-occurring SUD/MH conditions, and the needs of their families, including babies with neonatal abstinence syndrome (NAS), through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Support evidence-based or evidence-informed treatment, including MAT, recovery services and supports, and prevention services for pregnant women – or women who could become pregnant – who have OUD and any co-occurring SUD/MH conditions, and other measures to educate and provide support to families affected by Neonatal Abstinence Syndrome. 2. Expand comprehensive evidence-based treatment and recovery services, including MAT, for uninsured women with OUD and any co-occurring SUD/MH conditions for up to 12 months postpartum. 3. Training for obstetricians or other healthcare personnel that work with pregnant women and their families regarding treatment of OUD and any co-occurring SUD/MH conditions. 4. Expand comprehensive evidence-based treatment and recovery support for NAS babies; expand services for better continuum of care with infant-need dyad; expand long-term treatment and services for medical monitoring of NAS babies and their families. 115 8 5. Provide training to health care providers who work with pregnant or parenting women on best practices for compliance with federal requirements that children born with Neonatal Abstinence Syndrome get referred to appropriate services and receive a plan of safe care. 6. Child and family supports for parenting women with OUD and any co-occurring SUD/MH conditions. 7. Enhanced family supports and child care services for parents with OUD and any co-occurring SUD/MH conditions. 8. Provide enhanced support for children and family members suffering trauma as a result of addiction in the family; and offer trauma-informed behavioral health treatment for adverse childhood events. 9. Offer home-based wrap-around services to persons with OUD and any co-occurring SUD/MH conditions, including but not limited to parent skills training. 10. Support for Children’s Services – Fund additional positions and services, including supportive housing and other residential services, relating to children being removed from the home and/or placed in foster care due to custodial opioid use. PART TWO: PREVENTION F. PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE PRESCRIBING AND DISPENSING OF OPIOIDS Support efforts to prevent over-prescribing and ensure appropriate prescribing and dispensing of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Fund medical provider education and outreach regarding best prescribing practices for opioids consistent with Guidelines for Prescribing Opioids for Chronic Pain from the U.S. Centers for Disease Control and Prevention, including providers at hospitals (academic detailing). 2. Training for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids. 3. Continuing Medical Education (CME) on appropriate prescribing of opioids. 4. Support for non-opioid pain treatment alternatives, including training providers to offer or refer to multi-modal, evidence-informed treatment of pain. 5. Support enhancements or improvements to Prescription Drug Monitoring Programs (PDMPs), including but not limited to improvements that: a. Increase the number of prescribers using PDMPs; b. Improve point-of-care decision-making by increasing the quantity, quality, or format of data available to prescribers using PDMPs, by improving the interface that prescribers use to access PDMP data, or both; or 116 9 c. Enable states to use PDMP data in support of surveillance or intervention strategies, including MAT referrals and follow-up for individuals identified within PDMP data as likely to experience OUD in a manner that complies with all relevant privacy and security laws and rules. 6. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation’s Emergency Medical Technician overdose database in a manner that complies with all relevant privacy and security laws and rules. 7. Increase electronic prescribing to prevent diversion or forgery. 8. Educate Dispensers on appropriate opioid dispensing. G. PREVENT MISUSE OF OPIOIDS Support efforts to discourage or prevent misuse of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Fund media campaigns to prevent opioid misuse. 2. Corrective advertising or affirmative public education campaigns based on evidence. 3. Public education relating to drug disposal. 4. Drug take-back disposal or destruction programs. 5. Fund community anti-drug coalitions that engage in drug prevention efforts. 6. Support community coalitions in implementing evidence-informed prevention, such as reduced social access and physical access, stigma reduction – including staffing, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence-informed implementation, including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Administration (SAMHSA). 7. Engage non-profits and faith-based communities as systems to support prevention. 8. Fund evidence-based prevention programs in schools or evidence-informed school and community education programs and campaigns for students, families, school employees, school athletic programs, parent-teacher and student associations, and others. 9. School-based or youth-focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids. 10. Create of support community-based education or intervention services for families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH conditions. 11. Support evidence-informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience skills. 12. Support greater access to mental health services and supports for young people, including services and supports provided by school nurses, behavioral health workers or other school staff, to address 117 10 mental health needs in young people that (when not properly addressed) increase the risk of opioid or other drug misuse. H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION) Support efforts to prevent or reduce overdose deaths or other opioid-related harms through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Increase availability and distribution of naloxone and other drugs that treat overdoses for first responders, overdose patients, individuals with OUD and their friends and family members, individuals at high risk of overdose, schools, community navigators and outreach workers, persons being released from jail or prison, or other members of the general public. 2. Public health entities provide free naloxone to anyone in the community 3. Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, community support groups, and other members of the general public. 4. Enable school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support. 5. Expand, improve, or develop data tracking software and applications for overdoses/naloxone revivals. 6. Public education relating to emergency responses to overdoses. 7. Public education relating to immunity and Good Samaritan laws. 8. Educate first responders regarding the existence and operation of immunity and Good Samaritan laws. 9. Syringe service programs and other evidence-informed programs to reduce harms associated with intravenous drug use, including supplies, staffing, space, peer support services, referrals to treatment, fentanyl checking, connections to care, and the full range of harm reduction and treatment services provided by these programs. 10. Expand access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use. 11. Support mobile units that offer or provide referrals to harm reduction services, treatment, recovery supports, health care, or other appropriate services to persons that use opioids or persons with OUD and any co-occurring SUD/MH conditions. 12. Provide training in harm reduction strategies to health care providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OUD and any co-occurring SUD/MH conditions. 13. Support screening for fentanyl in routine clinical toxicology testing. 118 11 PART THREE: OTHER STRATEGIES I. FIRST RESPONDERS In addition to items in sections C, D, and H relating to first responders, support the following: 1. Educate law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs. 2. Provision of wellness and support services for first responders and others who experience secondary trauma associated with opioid-related emergency events. J. LEADERSHIP, PLANNING AND COORDINATION Support efforts to provide leadership, planning, coordination, facilitation, training and technical assistance to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1. Statewide, regional, local, or community regional planning to identify root causes of addiction and overdose, goals for reducing harms related to the opioid epidemic, and areas and populations with the greatest needs for treatment intervention services; to support training and technical assistance; or to support other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 2. A dashboard to share reports, recommendations, or plans to spend opioid settlement funds; to show how opioid settlement funds have been spent; to report program or strategy outcomes; or to track, share, or visualize key opioid-related or health-related indicators and supports as identified through collaborative statewide, regional, local, or community processes. 3. Invest in infrastructure or staffing at government or not-for-profit agencies to support collaborative, cross-system coordination with the purpose of preventing overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any co-occurring SUD/MH conditions, supporting them in treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 4. Provide resources to staff government oversight and management of opioid abatement programs. K. TRAINING In addition to the training referred to throughout this document, support training to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1. Provide funding for staff training or networking programs and services to improve the capability of government, community, and not-for-profit entities to abate the opioid crisis. 2. Support infrastructure and staffing for collaborative cross-system coordination to prevent opioid misuse, prevent overdoses, and treat those with OUD and any co-occurring SUD/MH conditions, or implement other strategies to abate the opioid epidemic described in this opioid abatement strategy list (e.g., health care, primary care, pharmacies, PDMPs, etc.). L. RESEARCH 119 12 Support opioid abatement research that may include, but is not limited to, the following: 1. Monitoring, surveillance, data collection, and evaluation of programs and strategies described in this opioid abatement strategy list. 2. Research non-opioid treatment of chronic pain. 3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders. 4. Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips. 5. Research on innovative supply-side enforcement efforts such as improved detection of mail-based delivery of synthetic opioids. 6. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g. Hawaii HOPE and Dakota 24/7). 7. Epidemiological surveillance of OUD-related behaviors in critical populations including individuals entering the criminal justice system, including but not limited to approaches modeled on the Arrestee Drug Abuse Monitoring (ADAM) system. 8. Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids. 9. Geospatial analysis of access barriers to MAT and their association with treatment engagement and treatment outcomes. 120 RESOLUTION NO. [INSERT] A Resolution authorizing [City/County] (herein referred to as this “Governmental Unit”) to join with the State of Florida and other local governmental units as a participant in the Florida Memorandum of Understanding and Formal Agreements implementing a Unified Plan. WHEREAS, the [City/County] has suffered harm from the opioid epidemic; WHEREAS, the [City/County] recognizes that the entire State of Florida has suffered harm as a result from the opioid epidemic; WHEREAS, the State of Florida has filed an action pending in Pasco County, Florida, and a number of Florida Cities and Counties have also filed an action In re: National Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio) (the “Opioid Litigation”) and [City/County] [is/is not] a litigating participant in that action; WHEREAS, the State of Florida and lawyers representing certain various local governments involved in the Opioid Litigation have proposed a unified plan for the allocation and use of prospective settlement dollars from opioid related litigation; WHEREAS, the Florida Memorandum of Understanding (the “Florida Plan”) sets forth sets forth a framework of a unified plan for the proposed allocation and use of opioid settlement proceeds and it is anticipated that formal agreements implementing the Florida Plan will be entered into at a future date; and, WHEREAS, participation in the Florida Plan by a large majority of Florida cities and counties will materially increase the amount of funds to Florida and should improve Florida’s relative bargaining position during additional settlement negotiations; WHEREAS, failure to participate in the Florida Plan will reduce funds available to the State, [City/County], and every other Florida city and county; NOW, THEREFORE, BE IT RESOLVED BY THIS GOVERNMENTAL UNIT: SECTION 1. That this Governmental Unit finds that participation in the Florida Plan would be in the best interest of the Governmental Unit and its citizens in that such a plan ensures that almost all of the settlement funds go to abate and resolve the opioid epidemic and each and every city and county receives funds for the harm that it has suffered. SECTION 2. That this Governmental Unit hereby expresses its support of a unified plan for the allocation and use of opioid settlement proceeds as generally described in the Florida Plan, attached hereto as Exhibit “A.” SECTION 3. That [official name] is hereby expressly authorized to execute the Florida Plan in substantially the form contained in Exhibit “A.” SECTION 4. That [official name] is hereby authorized to execute the any formal agreements implementing a unified plan for the allocation and use of opioid settlement proceeds that is not substantially inconsistent with the Florida Plan and this Resolution. 121 SECTION 5. That the Clerk be and hereby is instructed to record this Resolution in the appropriate record book upon its adoption. SECTION 6. The clerk of this Governmental Unit is hereby directed to furnish a certified copy of this Ordinance/Resolution to the Florida [Florida League of Cities/Florida Association of Counties] Attorney General Ashley Moody c\o John M. Guard The Capitol, PL-01 Tallahassee, FL 32399-1050 SECTION 7. This Resolution shall take effect immediately upon its adoption. Adopted this day of , _____________________, 2021. (Mayor/Commissioner/etc.) ATTEST: ___________________________________ 122 City/County Fund 15%Regional Fund 35%Scenario 1 130,000,000.00$ City/County Fund Scenario 1 19,500,000.00$ Regional Fund Scenario 1 45,500,000.00$ Scenario 2 100,000,000.00$ City/County Fund Scenario 2 15,000,000.00$ Regional Fund Scenario 2 35,000,000.00$ Scenario 3 70,000,000.00$ City/County Fund Scenario 3 10,500,000.00$ Regional Fund Scenario 3 24,500,000.00$ Scenario 1 Scenario 1 Scenario 2 Scenario 2 Scenario 3 Scenario 3 County Allocated Subdivisions Overall Total %Allocated % by entity City/County Fund Regional Fund City/County Fund Regional Fund City/County Fund Regional Fund Alachua 1.241060164449%564,682.37$ 434,371.06$ 304,059.74$ Alachua County 0.821689546303%160,229.46$ 123,253.43$ 86,277.40$ Alachua 0.013113332457%2,557.10$ 1,967.00$ 1,376.90$ Archer 0.000219705515%42.84$ 32.96$ 23.07$ Gainesville 0.381597611347%74,411.53$ 57,239.64$ 40,067.75$ Hawthorne 0.000270546460%52.76$ 40.58$ 28.41$ High Springs 0.011987568663%2,337.58$ 1,798.14$ 1,258.69$ La Crosse 0.000975056706%190.14$ 146.26$ 102.38$ Micanopy 0.002113530737%412.14$ 317.03$ 221.92$ Newberry 0.006102729215%1,190.03$ 915.41$ 640.79$ Waldo 0.002988721299%582.80$ 448.31$ 313.82$ Baker 0.193173804130%87,894.08$ 67,610.83$ 47,327.58$ Baker County 0.169449240037%33,042.60$ 25,417.39$ 17,792.17$ Glen St. Mary 0.000096234647%18.77$ 14.44$ 10.10$ Macclenny 0.023628329446%4,607.52$ 3,544.25$ 2,480.97$ Bay 0.839656373312%382,043.65$ 293,879.73$ 205,715.81$ Bay County 0.508772605155%99,210.66$ 76,315.89$ 53,421.12$ Callaway 0.024953825527%4,866.00$ 3,743.07$ 2,620.15$ Lynn Haven 0.039205632015%7,645.10$ 5,880.84$ 4,116.59$ Mexico Beach 0.005614292988%1,094.79$ 842.14$ 589.50$ Panama City 0.155153855596%30,255.00$ 23,273.08$ 16,291.15$ Panama City Beach 0.080897023117%15,774.92$ 12,134.55$ 8,494.19$ Parker 0.008704696178%1,697.42$ 1,305.70$ 913.99$ Springfield 0.016354442736%3,189.12$ 2,453.17$ 1,717.22$ Bradford 0.189484204081%86,215.31$ 66,319.47$ 46,423.63$ Bradford County 0.151424309090%29,527.74$ 22,713.65$ 15,899.55$ Brooker 0.000424885045%82.85$ 63.73$ 44.61$ Hampton 0.002839829959%553.77$ 425.97$ 298.18$ Lawtey 0.003400896108%663.17$ 510.13$ 357.09$ Starke 0.031392468132%6,121.53$ 4,708.87$ 3,296.21$ Brevard 3.878799180444%1,764,853.63$ 1,357,579.71$ 950,305.80$ Brevard County 2.323022668525%452,989.42$ 348,453.40$ 243,917.38$ Cape Canaveral 0.045560750209%8,884.35$ 6,834.11$ 4,783.88$ Cocoa 0.149245411423%29,102.86$ 22,386.81$ 15,670.77$ Cocoa Beach 0.084363286155%16,450.84$ 12,654.49$ 8,858.15$ Grant-Valkaria 0.000321387406%62.67$ 48.21$ 33.75$ Indialantic 0.024136738902%4,706.66$ 3,620.51$ 2,534.36$ Indian Harbour Beach 0.021089913665%4,112.53$ 3,163.49$ 2,214.44$ Malabar 0.002505732317%488.62$ 375.86$ 263.10$ Melbourne 0.383104682233%74,705.41$ 57,465.70$ 40,225.99$ Melbourne Beach 0.012091066302%2,357.76$ 1,813.66$ 1,269.56$ Melbourne Village 0.003782203200%737.53$ 567.33$ 397.13$ Palm Bay 0.404817397481%78,939.39$ 60,722.61$ 42,505.83$ Palm Shores 0.000127102364%24.78$ 19.07$ 13.35$ Rockledge 0.096603243798%18,837.63$ 14,490.49$ 10,143.34$ Satellite Beach 0.035975416224%7,015.21$ 5,396.31$ 3,777.42$ Titusville 0.240056418924%46,811.00$ 36,008.46$ 25,205.92$ West Melbourne 0.051997577066%10,139.53$ 7,799.64$ 5,459.75$ Broward 9.057962672578%4,121,373.02$ 3,170,286.94$ 2,219,200.85$ Broward County 3.966403576878%773,448.70$ 594,960.54$ 416,472.38$ Coconut Creek 0.101131719448%19,720.69$ 15,169.76$ 10,618.83$ Cooper City 0.073935445073%14,417.41$ 11,090.32$ 7,763.22$ Coral Springs 0.323406517664%63,064.27$ 48,510.98$ 33,957.68$ Dania Beach 0.017807041180%3,472.37$ 2,671.06$ 1,869.74$ Davie 0.266922227153%52,049.83$ 40,038.33$ 28,026.83$ Deerfield Beach 0.202423224725%39,472.53$ 30,363.48$ 21,254.44$ Fort Lauderdale 0.830581264531%161,963.35$ 124,587.19$ 87,211.03$ Hallandale Beach 0.154950491814%30,215.35$ 23,242.57$ 16,269.80$ Hillsboro Beach 0.012407006463%2,419.37$ 1,861.05$ 1,302.74$ Hollywood 0.520164608456%101,432.10$ 78,024.69$ 54,617.28$ Lauderdale-By-The-Sea 0.022807611325%4,447.48$ 3,421.14$ 2,394.80$ 123 Lauderdale Lakes 0.062625150435%12,211.90$ 9,393.77$ 6,575.64$ Lauderhill 0.144382838130%28,154.65$ 21,657.43$ 15,160.20$ Lazy Lake 0.000021788977%4.25$ 3.27$ 2.29$ Lighthouse Point 0.029131861803%5,680.71$ 4,369.78$ 3,058.85$ Margate 0.143683775129%28,018.34$ 21,552.57$ 15,086.80$ Miramar 0.279280208419%54,459.64$ 41,892.03$ 29,324.42$ North Lauderdale 0.066069624496%12,883.58$ 9,910.44$ 6,937.31$ Oakland Park 0.100430840699%19,584.01$ 15,064.63$ 10,545.24$ Ocean Breeze 0.005381877237%1,049.47$ 807.28$ 565.10$ Parkland 0.045804060448%8,931.79$ 6,870.61$ 4,809.43$ Pembroke Park 0.024597938908%4,796.60$ 3,689.69$ 2,582.78$ Pembroke Pines 0.462832363603%90,252.31$ 69,424.85$ 48,597.40$ Plantation 0.213918725664%41,714.15$ 32,087.81$ 22,461.47$ Pompano Beach 0.335472163493%65,417.07$ 50,320.82$ 35,224.58$ Sea Ranch Lakes 0.005024174870%979.71$ 753.63$ 527.54$ Southwest Ranches 0.025979723178%5,066.05$ 3,896.96$ 2,727.87$ Sunrise 0.286071106146%55,783.87$ 42,910.67$ 30,037.47$ Tamarac 0.134492458472%26,226.03$ 20,173.87$ 14,121.71$ Weston 0.138637811283%27,034.37$ 20,795.67$ 14,556.97$ West Park 0.029553115352%5,762.86$ 4,432.97$ 3,103.08$ Wilton Manors 0.031630331127%6,167.91$ 4,744.55$ 3,321.18$ Calhoun 0.047127740781%21,443.12$ 16,494.71$ 11,546.30$ Calhoun County 0.038866087128%7,578.89$ 5,829.91$ 4,080.94$ Altha 0.000366781107%71.52$ 55.02$ 38.51$ Blountstown 0.007896688293%1,539.85$ 1,184.50$ 829.15$ Charlotte 0.737346233376%335,492.54$ 258,071.18$ 180,649.83$ Charlotte County 0.690225755587%134,594.02$ 103,533.86$ 72,473.70$ Punta Gorda 0.047120477789%9,188.49$ 7,068.07$ 4,947.65$ Citrus 0.969645776606%441,188.83$ 339,376.02$ 237,563.22$ Citrus County 0.929715661117%181,294.55$ 139,457.35$ 97,620.14$ Crystal River 0.021928789266%4,276.11$ 3,289.32$ 2,302.52$ Inverness 0.018001326222%3,510.26$ 2,700.20$ 1,890.14$ Clay 1.193429461456%543,010.40$ 417,700.31$ 292,390.22$ Clay County 1.055764891131%205,874.15$ 158,364.73$ 110,855.31$ Green Cove Springs 0.057762577142%11,263.70$ 8,664.39$ 6,065.07$ Keystone Heights 0.000753535443%146.94$ 113.03$ 79.12$ Orange Park 0.078589207339%15,324.90$ 11,788.38$ 8,251.87$ Penney Farms 0.000561066149%109.41$ 84.16$ 58.91$ Collier 1.551333376427%705,856.69$ 542,966.68$ 380,076.68$ Collier County 1.354673336030%264,161.30$ 203,201.00$ 142,240.70$ Everglades 0.000148891341%29.03$ 22.33$ 15.63$ Marco Island 0.062094952003%12,108.52$ 9,314.24$ 6,519.97$ Naples 0.134416197054%26,211.16$ 20,162.43$ 14,113.70$ Columbia 0.446781150792%203,285.42$ 156,373.40$ 109,461.38$ Columbia County 0.341887201373%66,668.00$ 51,283.08$ 35,898.16$ Fort White 0.000236047247%46.03$ 35.41$ 24.78$ Lake City 0.104659717920%20,408.64$ 15,698.96$ 10,989.27$ DeSoto 0.113640407802%51,706.39$ 39,774.14$ 27,841.90$ DeSoto County 0.096884684746%18,892.51$ 14,532.70$ 10,172.89$ Arcadia 0.016755723056%3,267.37$ 2,513.36$ 1,759.35$ Dixie 0.103744580900%47,203.78$ 36,310.60$ 25,417.42$ Dixie County 0.098822087921%19,270.31$ 14,823.31$ 10,376.32$ Cross City 0.004639236282%904.65$ 695.89$ 487.12$ Horseshoe Beach 0.000281440949%54.88$ 42.22$ 29.55$ Duval 5.434975156935%2,472,913.70$ 1,902,241.30$ 1,331,568.91$ Jacksonville 5.270570064997%1,027,761.16$ 790,585.51$ 553,409.86$ Atlantic Beach 0.038891507601%7,583.84$ 5,833.73$ 4,083.61$ Baldwin 0.002251527589%439.05$ 337.73$ 236.41$ Jacksonville Beach 0.100447182431%19,587.20$ 15,067.08$ 10,546.95$ Neptune Beach 0.022814874318%4,448.90$ 3,422.23$ 2,395.56$ Escambia 1.341634449244%610,443.67$ 469,572.06$ 328,700.44$ Escambia County 1.005860871574%196,142.87$ 150,879.13$ 105,615.39$ Century 0.005136751249%1,001.67$ 770.51$ 539.36$ Pensacola 0.330636826421%64,474.18$ 49,595.52$ 34,716.87$ Flagler 0.389864712244%177,388.44$ 136,452.65$ 95,516.85$ Flagler Counry 0.279755934409%54,552.41$ 41,963.39$ 29,374.37$ Beverly Beach 0.000154338585%30.10$ 23.15$ 16.21$ Bunnell 0.009501809575%1,852.85$ 1,425.27$ 997.69$ Flagler Beach 0.015482883669%3,019.16$ 2,322.43$ 1,625.70$ Marineland 0.000114392127%22.31$ 17.16$ 12.01$ Palm Coast 0.084857169626%16,547.15$ 12,728.58$ 8,910.00$ Franklin 0.049911282550%22,709.63$ 17,468.95$ 12,228.26$ Franklin County 0.046254365966%9,019.60$ 6,938.15$ 4,856.71$ Apalachicola 0.001768538606%344.87$ 265.28$ 185.70$ Carabelle 0.001888377978%368.23$ 283.26$ 198.28$ Gadsden 0.123656074077%56,263.51$ 43,279.63$ 30,295.74$ Gadsden County 0.090211810642%17,591.30$ 13,531.77$ 9,472.24$ 124 Chattahoochee 0.004181667772%815.43$ 627.25$ 439.08$ Greensboro 0.000492067723%95.95$ 73.81$ 51.67$ Gretna 0.002240633101%436.92$ 336.09$ 235.27$ Havana 0.005459954403%1,064.69$ 818.99$ 573.30$ Midway 0.001202025213%234.39$ 180.30$ 126.21$ Quincy 0.019867915223%3,874.24$ 2,980.19$ 2,086.13$ Gilchrist 0.064333769355%29,271.87$ 22,516.82$ 15,761.77$ Gilchrist County 0.061274233881%11,948.48$ 9,191.14$ 6,433.79$ Bell 0.000099866143%19.47$ 14.98$ 10.49$ Fanning Springs 0.000388570084%75.77$ 58.29$ 40.80$ Trenton 0.002571099247%501.36$ 385.66$ 269.97$ Glades 0.040612836758%18,478.84$ 14,214.49$ 9,950.15$ Glades County 0.040420367464%7,881.97$ 6,063.06$ 4,244.14$ Moore Haven 0.000192469294%37.53$ 28.87$ 20.21$ Gulf 0.059914238588%27,260.98$ 20,969.98$ 14,678.99$ Gulf County 0.054715751905%10,669.57$ 8,207.36$ 5,745.15$ Port St. Joe 0.004817179591%939.35$ 722.58$ 505.80$ Wewahitchka 0.000381307092%74.35$ 57.20$ 40.04$ Hamilton 0.047941195910%21,813.24$ 16,779.42$ 11,745.59$ Hamilton County 0.038817061931%7,569.33$ 5,822.56$ 4,075.79$ Jasper 0.004869836285%949.62$ 730.48$ 511.33$ Jennings 0.002623755940%511.63$ 393.56$ 275.49$ White Springs 0.001630541754%317.96$ 244.58$ 171.21$ Hardee 0.067110048132%30,535.07$ 23,488.52$ 16,441.96$ Hardee County 0.058100306280%11,329.56$ 8,715.05$ 6,100.53$ Bowling Green 0.001797590575%350.53$ 269.64$ 188.75$ Wauchula 0.006667426860%1,300.15$ 1,000.11$ 700.08$ Zolfo Springs 0.000544724417%106.22$ 81.71$ 57.20$ Hendry 0.144460915297%65,729.72$ 50,561.32$ 35,392.92$ Hendry County 0.122147187443%23,818.70$ 18,322.08$ 12,825.45$ Clewiston 0.017589151414%3,429.88$ 2,638.37$ 1,846.86$ LaBelle 0.004724576440%921.29$ 708.69$ 496.08$ Hernando 1.510075949110%687,084.56$ 528,526.58$ 369,968.61$ Hernando County 1.447521612849%282,266.71$ 217,128.24$ 151,989.77$ Brooksville 0.061319627583%11,957.33$ 9,197.94$ 6,438.56$ Weeki Wachee 0.001234708678%240.77$ 185.21$ 129.64$ Highlands 0.357188510237%162,520.77$ 125,015.98$ 87,511.19$ Highlands County 0.287621754986%56,086.24$ 43,143.26$ 30,200.28$ Avon Park 0.025829016090%5,036.66$ 3,874.35$ 2,712.05$ Lake Placid 0.005565267790%1,085.23$ 834.79$ 584.35$ Sebring 0.038172471371%7,443.63$ 5,725.87$ 4,008.11$ Hillsborough 8.710984113657%3,963,497.77$ 3,048,844.44$ 2,134,191.11$ Hillsborough County 6.523111204400%1,272,006.68$ 978,466.68$ 684,926.68$ Plant City 0.104218491142%20,322.61$ 15,632.77$ 10,942.94$ Tampa 1.975671881253%385,256.02$ 296,350.78$ 207,445.55$ Temple Terrace 0.107980721113%21,056.24$ 16,197.11$ 11,337.98$ Holmes 0.081612427851%37,133.65$ 28,564.35$ 19,995.04$ Holmes County 0.066805002459%13,026.98$ 10,020.75$ 7,014.53$ Bonifay 0.006898026863%1,345.12$ 1,034.70$ 724.29$ Esto 0.006269778036%1,222.61$ 940.47$ 658.33$ Noma 0.001278286631%249.27$ 191.74$ 134.22$ Ponce de Leon 0.000179759057%35.05$ 26.96$ 18.87$ Westville 0.000179759057%35.05$ 26.96$ 18.87$ Indian River 0.753076058781%342,649.61$ 263,576.62$ 184,503.63$ Indian River County 0.623571460217%121,596.43$ 93,535.72$ 65,475.00$ Fellsmere 0.004917045734%958.82$ 737.56$ 516.29$ Indian River shores 0.025322422382%4,937.87$ 3,798.36$ 2,658.85$ Orchid 0.000306861421%59.84$ 46.03$ 32.22$ Sebastian 0.038315915467%7,471.60$ 5,747.39$ 4,023.17$ Vero Beach 0.060642353558%11,825.26$ 9,096.35$ 6,367.45$ Jackson 0.158936058795%72,315.91$ 55,627.62$ 38,939.33$ Jackson County 0.075213731704%14,666.68$ 11,282.06$ 7,897.44$ Alford 0.000303229925%59.13$ 45.48$ 31.84$ Bascom 0.000061735434%12.04$ 9.26$ 6.48$ Campbellton 0.001648699234%321.50$ 247.30$ 173.11$ Cottondale 0.001093080329%213.15$ 163.96$ 114.77$ Graceville 0.002794436257%544.92$ 419.17$ 293.42$ Grandridge 0.000030867717%6.02$ 4.63$ 3.24$ Greenwood 0.001292812616%252.10$ 193.92$ 135.75$ Jacob City 0.000481173235%93.83$ 72.18$ 50.52$ Malone 0.000092603151%18.06$ 13.89$ 9.72$ Marianna 0.073519638768%14,336.33$ 11,027.95$ 7,719.56$ Sneads 0.002404050426%468.79$ 360.61$ 252.43$ Jefferson 0.040821647784%18,573.85$ 14,287.58$ 10,001.30$ Jefferson County 0.037584169001%7,328.91$ 5,637.63$ 3,946.34$ Monticello 0.003237478783%631.31$ 485.62$ 339.94$ Lafayette 0.031911772076%14,519.86$ 11,169.12$ 7,818.38$ 125 Lafayette County 0.031555885457%6,153.40$ 4,733.38$ 3,313.37$ Mayo 0.000355886619%69.40$ 53.38$ 37.37$ Lake 1.139211224519%518,341.11$ 398,723.93$ 279,106.75$ Lake County 0.757453827343%147,703.50$ 113,618.07$ 79,532.65$ Astatula 0.002727253579%531.81$ 409.09$ 286.36$ Clermont 0.075909163209%14,802.29$ 11,386.37$ 7,970.46$ Eustis 0.041929254098%8,176.20$ 6,289.39$ 4,402.57$ Fruitland Park 0.008381493024%1,634.39$ 1,257.22$ 880.06$ Groveland 0.026154034992%5,100.04$ 3,923.11$ 2,746.17$ Howey-In-The-Hills 0.002981458307%581.38$ 447.22$ 313.05$ Lady Lake 0.025048244426%4,884.41$ 3,757.24$ 2,630.07$ Leesburg 0.091339390185%17,811.18$ 13,700.91$ 9,590.64$ Mascotte 0.011415608025%2,226.04$ 1,712.34$ 1,198.64$ Minneola 0.016058475803%3,131.40$ 2,408.77$ 1,686.14$ Montverde 0.001347285057%262.72$ 202.09$ 141.46$ Mount Dora 0.041021380070%7,999.17$ 6,153.21$ 4,307.24$ Tavares 0.031820984673%6,205.09$ 4,773.15$ 3,341.20$ Umatilla 0.005623371728%1,096.56$ 843.51$ 590.45$ Lee 3.325371883359%1,513,044.21$ 1,163,880.16$ 814,716.11$ Lee County 2.115268407509%412,477.34$ 317,290.26$ 222,103.18$ Bonita Springs 0.017374893143%3,388.10$ 2,606.23$ 1,824.36$ Cape Coral 0.714429677167%139,313.79$ 107,164.45$ 75,015.12$ Estero 0.012080171813%2,355.63$ 1,812.03$ 1,268.42$ Fort Myers 0.431100350585%84,064.57$ 64,665.05$ 45,265.54$ Fort Myers Beach 0.000522935440%101.97$ 78.44$ 54.91$ Sanibel 0.034595447702%6,746.11$ 5,189.32$ 3,632.52$ Leon 0.897199244939%408,225.66$ 314,019.74$ 219,813.82$ Leon County 0.471201146391%91,884.22$ 70,680.17$ 49,476.12$ Tallahassee 0.425998098549%83,069.63$ 63,899.71$ 44,729.80$ Levy 0.251192401748%114,292.54$ 87,917.34$ 61,542.14$ Levy County 0.200131750679%39,025.69$ 30,019.76$ 21,013.83$ Bronson 0.005701448894%1,111.78$ 855.22$ 598.65$ Cedar Key 0.005180329202%1,010.16$ 777.05$ 543.93$ Chiefland 0.015326729337%2,988.71$ 2,299.01$ 1,609.31$ Fanning Springs 0.000808007885%157.56$ 121.20$ 84.84$ Inglis 0.004976965420%970.51$ 746.54$ 522.58$ Otter Creek 0.000408543312%79.67$ 61.28$ 42.90$ Williston 0.017774357715%3,466.00$ 2,666.15$ 1,866.31$ Yankeetown 0.000884269303%172.43$ 132.64$ 92.85$ Liberty 0.019399452225%8,826.75$ 6,789.81$ 4,752.87$ Liberty County 0.019303217578%3,764.13$ 2,895.48$ 2,026.84$ Bristol 0.000096234647%18.77$ 14.44$ 10.10$ Madison 0.063540287455%28,910.83$ 22,239.10$ 15,567.37$ Madison County 0.053145129837%10,363.30$ 7,971.77$ 5,580.24$ Greenville 0.000110760631%21.60$ 16.61$ 11.63$ Lee 0.000019973229%3.89$ 3.00$ 2.10$ Madison 0.010264423758%2,001.56$ 1,539.66$ 1,077.76$ Manatee 2.721323346235%1,238,202.12$ 952,463.17$ 666,724.22$ Manatee County 2.201647174006%429,321.20$ 330,247.08$ 231,172.95$ Anna Maria 0.009930326116%1,936.41$ 1,489.55$ 1,042.68$ Bradenton 0.379930754632%74,086.50$ 56,989.61$ 39,892.73$ Bradenton Beach 0.014012127744%2,732.36$ 2,101.82$ 1,471.27$ Holmes Beach 0.028038781473%5,467.56$ 4,205.82$ 2,944.07$ Longboat Key 0.034895046131%6,804.53$ 5,234.26$ 3,663.98$ Palmetto 0.052869136132%10,309.48$ 7,930.37$ 5,551.26$ Marion 1.701176168960%774,035.16$ 595,411.66$ 416,788.16$ Marion County 1.303728892837%254,227.13$ 195,559.33$ 136,891.53$ Belleview 0.009799592256%1,910.92$ 1,469.94$ 1,028.96$ Dunnellon 0.018400790795%3,588.15$ 2,760.12$ 1,932.08$ McIntosh 0.000145259844%28.33$ 21.79$ 15.25$ Ocala 0.368994504094%71,953.93$ 55,349.18$ 38,744.42$ Reddick 0.000107129135%20.89$ 16.07$ 11.25$ Martin 0.869487298116%395,616.72$ 304,320.55$ 213,024.39$ Martin County 0.750762795758%146,398.75$ 112,614.42$ 78,830.09$ Jupiter Island 0.020873839646%4,070.40$ 3,131.08$ 2,191.75$ Ocean Breeze Park 0.008270732393%1,612.79$ 1,240.61$ 868.43$ Sewall's Point 0.008356072551%1,629.43$ 1,253.41$ 877.39$ Stuart 0.081223857767%15,838.65$ 12,183.58$ 8,528.51$ Miami-Dade 5.232119784173%2,380,614.50$ 1,831,241.92$ 1,281,869.35$ Miami-Dade County 4.282797675552%835,145.55$ 642,419.65$ 449,693.76$ Aventura 0.024619727885%4,800.85$ 3,692.96$ 2,585.07$ Bal Harbour 0.010041086747%1,958.01$ 1,506.16$ 1,054.31$ Bay Harbor Islands 0.004272455175%833.13$ 640.87$ 448.61$ Biscayne Park 0.001134842535%221.29$ 170.23$ 119.16$ Coral Gables 0.071780152131%13,997.13$ 10,767.02$ 7,536.92$ Cutler Bay 0.009414653668%1,835.86$ 1,412.20$ 988.54$ Doral 0.013977628531%2,725.64$ 2,096.64$ 1,467.65$ 126 El Portal 0.000924215760%180.22$ 138.63$ 97.04$ Florida City 0.003929278792%766.21$ 589.39$ 412.57$ Golden Beach 0.002847092951%555.18$ 427.06$ 298.94$ Hialeah 0.098015895785%19,113.10$ 14,702.38$ 10,291.67$ Hialeah Gardens 0.005452691411%1,063.27$ 817.90$ 572.53$ Homestead 0.024935668046%4,862.46$ 3,740.35$ 2,618.25$ Indian Creek 0.002543863026%496.05$ 381.58$ 267.11$ Key Biscayne 0.013683477346%2,668.28$ 2,052.52$ 1,436.77$ Medley 0.008748274131%1,705.91$ 1,312.24$ 918.57$ Miami 0.292793005448%57,094.64$ 43,918.95$ 30,743.27$ Miami Beach 0.181409572478%35,374.87$ 27,211.44$ 19,048.01$ Miami Gardens 0.040683650932%7,933.31$ 6,102.55$ 4,271.78$ Miami Lakes 0.007836768608%1,528.17$ 1,175.52$ 822.86$ Miami Shores 0.006287935516%1,226.15$ 943.19$ 660.23$ Miami Springs 0.006169911893%1,203.13$ 925.49$ 647.84$ North Bay Village 0.005160355974%1,006.27$ 774.05$ 541.84$ North Miami 0.030379280717%5,923.96$ 4,556.89$ 3,189.82$ North Miami Beach 0.030391990953%5,926.44$ 4,558.80$ 3,191.16$ Opa-locka 0.007847663096%1,530.29$ 1,177.15$ 824.00$ Palmetto Bay 0.007404620570%1,443.90$ 1,110.69$ 777.49$ Pinecrest 0.008296152866%1,617.75$ 1,244.42$ 871.10$ South Miami 0.007833137111%1,527.46$ 1,174.97$ 822.48$ Sunny Isles Beach 0.007693324511%1,500.20$ 1,154.00$ 807.80$ Surfside 0.004869836285%949.62$ 730.48$ 511.33$ Sweetwater 0.004116300842%802.68$ 617.45$ 432.21$ Virginia Gardens 0.001172973244%228.73$ 175.95$ 123.16$ West Miami 0.002654623657%517.65$ 398.19$ 278.74$ Monroe 0.476388738585%216,756.88$ 166,736.06$ 116,715.24$ Monroe County 0.330124785469%64,374.33$ 49,518.72$ 34,663.10$ Islamorada 0.022357305808%4,359.67$ 3,353.60$ 2,347.52$ Key Colony Beach 0.004751812661%926.60$ 712.77$ 498.94$ Key West 0.088087385417%17,177.04$ 13,213.11$ 9,249.18$ Layton 0.000150707089%29.39$ 22.61$ 15.82$ Marathon 0.030916742141%6,028.76$ 4,637.51$ 3,246.26$ Nassau 0.476933463002%217,004.73$ 166,926.71$ 116,848.70$ Nassau County 0.392706357951%76,577.74$ 58,905.95$ 41,234.17$ Callahan 0.000225152759%43.90$ 33.77$ 23.64$ Fernandina Beach 0.083159445195%16,216.09$ 12,473.92$ 8,731.74$ Hillard 0.000842507098%164.29$ 126.38$ 88.46$ Okaloosa 0.819212865955%372,741.85$ 286,724.50$ 200,707.15$ Okaloosa County 0.612059617545%119,351.63$ 91,808.94$ 64,266.26$ Cinco Bayou 0.000733562214%143.04$ 110.03$ 77.02$ Crestview 0.070440130066%13,735.83$ 10,566.02$ 7,396.21$ Destin 0.014678507281%2,862.31$ 2,201.78$ 1,541.24$ Fort Walton Beach 0.077837487644%15,178.31$ 11,675.62$ 8,172.94$ Laurel Hill 0.000079892914%15.58$ 11.98$ 8.39$ Mary Esther 0.009356549730%1,824.53$ 1,403.48$ 982.44$ Niceville 0.021745398713%4,240.35$ 3,261.81$ 2,283.27$ Shalimar 0.001824826796%355.84$ 273.72$ 191.61$ Valparaiso 0.010456893052%2,039.09$ 1,568.53$ 1,097.97$ Okeechobee 0.353495278692%160,840.35$ 123,723.35$ 86,606.34$ Okeechobee County 0.314543851405%61,336.05$ 47,181.58$ 33,027.10$ Okeechobee 0.038951427287%7,595.53$ 5,842.71$ 4,089.90$ Orange 4.671028214546%2,125,317.84$ 1,634,859.88$ 1,144,401.91$ Orange County 3.063330386979%597,349.43$ 459,499.56$ 321,649.69$ Apopka 0.097215150892%18,956.95$ 14,582.27$ 10,207.59$ Bay Lake 0.023566594013%4,595.49$ 3,534.99$ 2,474.49$ Belle Isle 0.010798253686%2,105.66$ 1,619.74$ 1,133.82$ Eatonville 0.008325204835%1,623.41$ 1,248.78$ 874.15$ Edgewood 0.009716067845%1,894.63$ 1,457.41$ 1,020.19$ Lake Buena Vista 0.010355211161%2,019.27$ 1,553.28$ 1,087.30$ Maitland 0.046728276209%9,112.01$ 7,009.24$ 4,906.47$ Oakland 0.005429086686%1,058.67$ 814.36$ 570.05$ Ocoee 0.066599822928%12,986.97$ 9,989.97$ 6,992.98$ Orlando 1.160248481490%226,248.45$ 174,037.27$ 121,826.09$ Windemere 0.007548064667%1,471.87$ 1,132.21$ 792.55$ Winter Garden 0.056264584996%10,971.59$ 8,439.69$ 5,907.78$ Winter Park 0.104903028159%20,456.09$ 15,735.45$ 11,014.82$ Osceola 1.073452092940%488,420.70$ 375,708.23$ 262,995.76$ Osceola County 0.837248691390%163,263.49$ 125,587.30$ 87,911.11$ Kissimmee 0.162366006872%31,661.37$ 24,354.90$ 17,048.43$ St. Cloud 0.073837394678%14,398.29$ 11,075.61$ 7,752.93$ Palm Beach 8.601594372053%3,913,725.44$ 3,010,558.03$ 2,107,390.62$ Palm Beach County 5.552548475026%1,082,746.95$ 832,882.27$ 583,017.59$ Atlantis 0.018751230169%3,656.49$ 2,812.68$ 1,968.88$ Belle Glade 0.020828445945%4,061.55$ 3,124.27$ 2,186.99$ Boca Raton 0.472069073961%92,053.47$ 70,810.36$ 49,567.25$ 127 Boynton Beach 0.306498271771%59,767.16$ 45,974.74$ 32,182.32$ Briny Breezes 0.003257452012%635.20$ 488.62$ 342.03$ Cloud Lake 0.000188837798%36.82$ 28.33$ 19.83$ Delray Beach 0.351846579457%68,610.08$ 52,776.99$ 36,943.89$ Glen Ridge 0.000052656694%10.27$ 7.90$ 5.53$ Golf 0.004283349663%835.25$ 642.50$ 449.75$ Greenacres 0.076424835657%14,902.84$ 11,463.73$ 8,024.61$ Gulf Stream 0.010671151322%2,080.87$ 1,600.67$ 1,120.47$ Haverhill 0.001084001589%211.38$ 162.60$ 113.82$ Highland Beach 0.032510968934%6,339.64$ 4,876.65$ 3,413.65$ Hypoluxo 0.005153092982%1,004.85$ 772.96$ 541.07$ Juno Beach 0.016757538804%3,267.72$ 2,513.63$ 1,759.54$ Jupiter Island 0.125466374888%24,465.94$ 18,819.96$ 13,173.97$ Jupiter Inlet Colony 0.005276563849%1,028.93$ 791.48$ 554.04$ Lake Clarke Shores 0.007560774903%1,474.35$ 1,134.12$ 793.88$ Lake Park 0.029433275980%5,739.49$ 4,414.99$ 3,090.49$ Lake Worth 0.117146617298%22,843.59$ 17,571.99$ 12,300.39$ Lantana 0.024507151505%4,778.89$ 3,676.07$ 2,573.25$ Loxahatchee Groves 0.002531152789%493.57$ 379.67$ 265.77$ Manalapan 0.021632822333%4,218.40$ 3,244.92$ 2,271.45$ Mangonia Park 0.010696571795%2,085.83$ 1,604.49$ 1,123.14$ North Palm Beach 0.044349646256%8,648.18$ 6,652.45$ 4,656.71$ Ocean Ridge 0.012786497807%2,493.37$ 1,917.97$ 1,342.58$ Pahokee 0.004018250447%783.56$ 602.74$ 421.92$ Palm Beach 0.185476848123%36,167.99$ 27,821.53$ 19,475.07$ Palm Beach Gardens 0.233675880257%45,566.80$ 35,051.38$ 24,535.97$ Palm Beach Shores 0.014135598612%2,756.44$ 2,120.34$ 1,484.24$ Palm Springs 0.038021764282%7,414.24$ 5,703.26$ 3,992.29$ Riviera Beach 0.163617057282%31,905.33$ 24,542.56$ 17,179.79$ Royal Palm Beach 0.049295743959%9,612.67$ 7,394.36$ 5,176.05$ South Bay 0.001830274040%356.90$ 274.54$ 192.18$ South Palm Beach 0.005866681967%1,144.00$ 880.00$ 616.00$ Tequesta 0.031893614595%6,219.25$ 4,784.04$ 3,348.83$ Wellington 0.050183644758%9,785.81$ 7,527.55$ 5,269.28$ West Palm Beach 0.549265602541%107,106.79$ 82,389.84$ 57,672.89$ Pasco 4.692087260494%2,134,899.70$ 1,642,230.54$ 1,149,561.38$ Pasco County 4.319205239813%842,245.02$ 647,880.79$ 453,516.55$ Dade City 0.055819726723%10,884.85$ 8,372.96$ 5,861.07$ New Port Richey 0.149879107494%29,226.43$ 22,481.87$ 15,737.31$ Port Richey 0.049529975458%9,658.35$ 7,429.50$ 5,200.65$ San Antonio 0.002189792155%427.01$ 328.47$ 229.93$ St. Leo 0.002790804761%544.21$ 418.62$ 293.03$ Zephyrhills 0.112672614089%21,971.16$ 16,900.89$ 11,830.62$ Pinellas 7.934889816777%3,610,374.87$ 2,777,211.44$ 1,944,048.01$ Pinellas County 4.546593184553%886,585.67$ 681,988.98$ 477,392.28$ Belleair 0.018095745121%3,528.67$ 2,714.36$ 1,900.05$ Belleair Beach 0.004261560686%831.00$ 639.23$ 447.46$ Belleair Bluffs 0.007502670965%1,463.02$ 1,125.40$ 787.78$ Belleair Shore 0.000439411029%85.69$ 65.91$ 46.14$ Clearwater 0.633863120196%123,603.31$ 95,079.47$ 66,555.63$ Dunedin 0.102440873796%19,975.97$ 15,366.13$ 10,756.29$ Gulfport 0.047893986460%9,339.33$ 7,184.10$ 5,028.87$ Indian Rocks Beach 0.008953453662%1,745.92$ 1,343.02$ 940.11$ Indian Shores 0.011323004874%2,207.99$ 1,698.45$ 1,188.92$ Kenneth City 0.017454786058%3,403.68$ 2,618.22$ 1,832.75$ Largo 0.374192990777%72,967.63$ 56,128.95$ 39,290.26$ Madeira Beach 0.022616957779%4,410.31$ 3,392.54$ 2,374.78$ North Reddington Beach 0.003820333909%744.97$ 573.05$ 401.14$ Oldsmar 0.039421706033%7,687.23$ 5,913.26$ 4,139.28$ Pinellas Park 0.251666311991%49,074.93$ 37,749.95$ 26,424.96$ Redington Beach 0.003611522882%704.25$ 541.73$ 379.21$ Redington Shores 0.006451352841%1,258.01$ 967.70$ 677.39$ Safety Harbor 0.038061710740%7,422.03$ 5,709.26$ 3,996.48$ Seminole 0.095248695748%18,573.50$ 14,287.30$ 10,001.11$ South Pasadena 0.029968921656%5,843.94$ 4,495.34$ 3,146.74$ St. Pete Beach 0.071791046619%13,999.25$ 10,768.66$ 7,538.06$ St. Petersburg 1.456593090134%284,035.65$ 218,488.96$ 152,942.27$ Tarpon Springs 0.101970595050%19,884.27$ 15,295.59$ 10,706.91$ Treasure Island 0.040652783215%7,927.29$ 6,097.92$ 4,268.54$ Polk 2.150483025298%978,469.78$ 752,669.06$ 526,868.34$ Polk County 1.558049828484%303,819.72$ 233,707.47$ 163,595.23$ Auburndale 0.028636162584%5,584.05$ 4,295.42$ 3,006.80$ Bartow 0.043971970660%8,574.53$ 6,595.80$ 4,617.06$ Davenport 0.005305615818%1,034.60$ 795.84$ 557.09$ Dundee 0.005597951255%1,091.60$ 839.69$ 587.78$ Eagle Lake 0.002580177987%503.13$ 387.03$ 270.92$ Fort Meade 0.007702403251%1,501.97$ 1,155.36$ 808.75$ 128 Frostproof 0.005857603227%1,142.23$ 878.64$ 615.05$ Haines City 0.047984773863%9,357.03$ 7,197.72$ 5,038.40$ Highland Park 0.000063551182%12.39$ 9.53$ 6.67$ Hillcrest Heights 0.000005447244%1.06$ 0.82$ 0.57$ Lake Alfred 0.007489960729%1,460.54$ 1,123.49$ 786.45$ Lake Hamilton 0.002540231530%495.35$ 381.03$ 266.72$ Lakeland 0.294875668468%57,500.76$ 44,231.35$ 30,961.95$ Lake Wales 0.036293172134%7,077.17$ 5,443.98$ 3,810.78$ Mulberry 0.005414560702%1,055.84$ 812.18$ 568.53$ Polk City 0.001080370093%210.67$ 162.06$ 113.44$ Winter Haven 0.097033576087%18,921.55$ 14,555.04$ 10,188.53$ Putnam 0.384893194068%175,126.40$ 134,712.62$ 94,298.83$ Putnam County 0.329225990182%64,199.07$ 49,383.90$ 34,568.73$ Crescent City 0.005561636294%1,084.52$ 834.25$ 583.97$ Interlachen 0.001877483489%366.11$ 281.62$ 197.14$ Palatka 0.046955244716%9,156.27$ 7,043.29$ 4,930.30$ Pomona Park 0.000379491344%74.00$ 56.92$ 39.85$ Welaka 0.000893348043%174.20$ 134.00$ 93.80$ Santa Rosa 0.701267319513%319,076.63$ 245,443.56$ 171,810.49$ Santa Rosa County 0.592523984216%115,542.18$ 88,878.60$ 62,215.02$ Gulf Breeze 0.061951507906%12,080.54$ 9,292.73$ 6,504.91$ Jay 0.000159785829%31.16$ 23.97$ 16.78$ Milton 0.046632041562%9,093.25$ 6,994.81$ 4,896.36$ Sarasota 2.805043857579%1,276,294.96$ 981,765.35$ 687,235.75$ Sarasota County 1.924315263251%375,241.48$ 288,647.29$ 202,053.10$ Longboat Key 0.044489458856%8,675.44$ 6,673.42$ 4,671.39$ North Port 0.209611771277%40,874.30$ 31,441.77$ 22,009.24$ Sarasota 0.484279979635%94,434.60$ 72,642.00$ 50,849.40$ Venice 0.142347384560%27,757.74$ 21,352.11$ 14,946.48$ Seminole 2.141148264544%974,222.46$ 749,401.89$ 524,581.32$ Seminole County 1.508694164839%294,195.36$ 226,304.12$ 158,412.89$ Altamonte Springs 0.081305566430%15,854.59$ 12,195.83$ 8,537.08$ Casselberry 0.080034542791%15,606.74$ 12,005.18$ 8,403.63$ Lake Mary 0.079767627827%15,554.69$ 11,965.14$ 8,375.60$ Longwood 0.061710013415%12,033.45$ 9,256.50$ 6,479.55$ Oviedo 0.103130858057%20,110.52$ 15,469.63$ 10,828.74$ Sanford 0.164243490362%32,027.48$ 24,636.52$ 17,245.57$ Winter Springs 0.062262000824%12,141.09$ 9,339.30$ 6,537.51$ St. Johns 0.710333349554%323,201.67$ 248,616.67$ 174,031.67$ St. Johns County 0.656334818131%127,985.29$ 98,450.22$ 68,915.16$ Hastings 0.000010894488%2.12$ 1.63$ 1.14$ Marineland 0.000000000000%-$ -$ -$ St. Augustine 0.046510386442%9,069.53$ 6,976.56$ 4,883.59$ St. Augustine Beach 0.007477250493%1,458.06$ 1,121.59$ 785.11$ St. Lucie 1.506627843552%685,515.67$ 527,319.75$ 369,123.82$ St. Lucie County 0.956156584302%186,450.53$ 143,423.49$ 100,396.44$ Fort Pierce 0.159535255654%31,109.37$ 23,930.29$ 16,751.20$ Port St. Lucie 0.390803453989%76,206.67$ 58,620.52$ 41,034.36$ St. Lucie Village 0.000132549608%25.85$ 19.88$ 13.92$ Sumter 0.326398870459%148,511.49$ 114,239.60$ 79,967.72$ Sumter County 0.302273026046%58,943.24$ 45,340.95$ 31,738.67$ Bushnell 0.006607507174%1,288.46$ 991.13$ 693.79$ Center Hill 0.001312785844%255.99$ 196.92$ 137.84$ Coleman 0.000748088199%145.88$ 112.21$ 78.55$ Webster 0.001423546476%277.59$ 213.53$ 149.47$ Wildwood 0.014033916721%2,736.61$ 2,105.09$ 1,473.56$ Suwannee 0.191014879692%86,911.77$ 66,855.21$ 46,798.65$ Suwannee County 0.161027800555%31,400.42$ 24,154.17$ 16,907.92$ Branford 0.000929663004%181.28$ 139.45$ 97.61$ Live Oak 0.029057416132%5,666.20$ 4,358.61$ 3,051.03$ Taylor 0.092181897282%41,942.76$ 32,263.66$ 22,584.56$ Taylor County 0.069969851319%13,644.12$ 10,495.48$ 7,346.83$ Perry 0.022212045963%4,331.35$ 3,331.81$ 2,332.26$ Union 0.065156303224%29,646.12$ 22,804.71$ 15,963.29$ Union County 0.063629259109%12,407.71$ 9,544.39$ 6,681.07$ Lake Butler 0.001398126003%272.63$ 209.72$ 146.80$ Raiford 0.000012710236%2.48$ 1.91$ 1.33$ Worthington Springs 0.000116207876%22.66$ 17.43$ 12.20$ Volusia 3.130329674480%1,424,300.00$ 1,095,615.39$ 766,930.77$ Volusia County 1.708575342287%333,172.19$ 256,286.30$ 179,400.41$ Daytona Beach 0.447556475212%87,273.51$ 67,133.47$ 46,993.43$ Daytona Beach Shores 0.039743093439%7,749.90$ 5,961.46$ 4,173.02$ DeBary 0.035283616215%6,880.31$ 5,292.54$ 3,704.78$ DeLand 0.098983689498%19,301.82$ 14,847.55$ 10,393.29$ Deltona 0.199329190038%38,869.19$ 29,899.38$ 20,929.56$ Edgewater 0.058042202343%11,318.23$ 8,706.33$ 6,094.43$ Flagler Beach 0.000223337011%43.55$ 33.50$ 23.45$ 129 Holly Hill 0.031615805143%6,165.08$ 4,742.37$ 3,319.66$ Lake Helen 0.004918861482%959.18$ 737.83$ 516.48$ New Smyrna Beach 0.104065968306%20,292.86$ 15,609.90$ 10,926.93$ Oak Hill 0.004820811087%940.06$ 723.12$ 506.19$ Orange City 0.033562287058%6,544.65$ 5,034.34$ 3,524.04$ Ormond Beach 0.114644516477%22,355.68$ 17,196.68$ 12,037.67$ Pierson 0.002333236251%454.98$ 349.99$ 244.99$ Ponce Inlet 0.023813535748%4,643.64$ 3,572.03$ 2,500.42$ Port Orange 0.177596501562%34,631.32$ 26,639.48$ 18,647.63$ South Daytona 0.045221205323%8,818.14$ 6,783.18$ 4,748.23$ Wakulla 0.115129321208%52,383.84$ 40,295.26$ 28,206.68$ Wakulla County 0.114953193647%22,415.87$ 17,242.98$ 12,070.09$ Sopchoppy 0.000107129135%20.89$ 16.07$ 11.25$ St. Marks 0.000068998426%13.45$ 10.35$ 7.24$ Walton 0.268558216151%122,193.99$ 93,995.38$ 65,796.76$ Walton County 0.224268489581%43,732.36$ 33,640.27$ 23,548.19$ DeFuniak Springs 0.017057137234%3,326.14$ 2,558.57$ 1,791.00$ Freeport 0.003290135477%641.58$ 493.52$ 345.46$ Paxton 0.023942453860%4,668.78$ 3,591.37$ 2,513.96$ Washington 0.120124444109%54,656.62$ 42,043.56$ 29,430.49$ Washington County 0.104908475404%20,457.15$ 15,736.27$ 11,015.39$ Caryville 0.001401757499%273.34$ 210.26$ 147.18$ Chipley 0.012550450560%2,447.34$ 1,882.57$ 1,317.80$ Ebro 0.000221521263%43.20$ 33.23$ 23.26$ Vernon 0.000361333863%70.46$ 54.20$ 37.94$ Wausau 0.000680905521%132.78$ 102.14$ 71.50$ 100.00%100.00%19,500,000.00$ 45,500,000.00$ 15,000,000.00$ 35,000,000.00$ 10,500,000.00$ 24,500,000.00$ 130 AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS SUBJECT TO MEDIATION ORDER AND FRE 408: DO NOT COPY OR DISTRIBUTE 4812-5294-4831.v1 1 PURDUE PHARMA L.P. ABATEMENT PLAN TERM SHEET SUMMARY OF TERMS AND CONDITIONS THIS TERM SHEET DOES NOT CONSTITUTE (NOR SHALL IT BE CONSTRUED AS) AN OFFER, AGREEMENT OR COMMITMENT1 Issue Description 1. APPLICABILITY OF AGREEMENT These terms (once agreed) shall apply to the allocation of value received under, and shall be incorporated into, any plan of reorganization (the “Chapter 11 Plan”) in the chapter 11 cases of Purdue Pharma L.P. and its affiliates (collectively, “Purdue”) pending in the U.S. Bankruptcy Court for the Southern District of New York (the “Bankruptcy Court”) between the states, territories and the District of Columbia (each a “State”) on the one hand, each county, city, town, parish, village, municipality that functions as a political subdivision under State law, or a governmental entity that has the authority to bring Drug Dealer Liability Act (“DDLA Claims”) under State law (collectively, the “Local Governments”), and each federally recognized Native American, Native Alaskan or American Indian Tribe (each a “Tribe”) on the other. 2. PURPOSE Virtually all creditors and the Court itself in the Purdue bankruptcy recognize the need and value in developing a comprehensive abatement strategy to address the opioid crisis as the most effective use of the funds that can be derived from the Purdue estate (including without limitation insurance proceeds and, if included in the Chapter 11 Plan, payments by third-parties seeking releases). Because of the unique impact the crisis has had throughout all regions of the country, and as repeatedly recognized by Judge Drain, division of a substantial portion of the bankruptcy estate should occur through an established governmental structure, with the use of such funds strictly limited to abatement purposes as provided herein.2 1 As a condition to participating in this abatement structure, the settlements that the states of Kentucky and Oklahoma separately entered into with Purdue must be taken into account in any allocation to them or flowing through them. Potential adjustments may include a different Government Participation Mechanism structure for the disbursement of funds to benefit Local Governments in those states or some redirection of funds, which would still be used solely for abatement purposes. 2 See, e.g., Hrg. Tr at 149:22-150:5 (Oct. 11, 2019)(‘ “I would hope that those public health steps, once the difficult allocation issues that the parties have addressed here, can be largely left up to the states and municipalities so that they can use their own unique knowledge about their own citizens and how to address them. It may be that some states think it’s more of a law enforcement issue, i.e. interdicting illegal opioids at this point. Others may think education is more important. Others may think treatment is more important.”); id. At 175:24-176:6 (“I also think, and again, I didn’t say this lightly, that my hope in the allocation process is that there would be an understanding between the states and the municipalities and localities throughout the whole process that[,] subject to general guidelines on how the money should be used, specific ways to use it would be left up to the states and the municipalities, with guidance from the states primarily.”); Hr’g Tr. At 165:3-165:14 (Nov. 19, 2019) (“I continue to believe that the states play a major role in [the allocation] process. The role I’m envisioning for them is not one where they say we get everything. 131 AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS SUBJECT TO MEDIATION ORDER AND FRE 408: DO NOT COPY OR DISTRIBUTE 4812-5294-4831.v1 2 Issue Description This approach recognizes that funding abatement efforts – which would benefit most creditors and the public by reducing future effects of the crisis through treatment and other programs – is a much more efficient use of limited funds than dividing thin slices among all creditors with no obligation to use it to abate the opioid crisis. Because maximizing abatement of the opioid crisis requires coordination of efforts by all levels of government, particularly when the abatement needs far exceed the available funds, this structure requires a collaborative process between each State and its Local Governments. This Term Sheet is intended to establish the mechanisms for distribution and allocation of funds to States, Local Governments and Tribes (the “Abatement Funds”) to be incorporated into the Chapter 11 Plan and any order approving the Chapter 11 Plan (Abatement Funds net of the portion thereof allocated to a Tribal Abatement Fund under Section 5 hereof are referred to herein as “Public Funds”). The parties agree that 100% of the Public Funds distributed under the Chapter 11 Plan shall be used to abate the opioid crisis. Specifically, (i) no less than ninety five percent (95%)of the Public Funds distributed under the Chapter 11 Plan shall be used for abatement of the opioid crisis by funding opioid or substance use disorder related projects or programs that fall within the list of uses in Schedule B (the “Approved Opioid Abatement Uses”); (ii) priority shall be given to the core abatement strategies (“Core Strategies”) as identified on Schedule A; and (iii) no more than five percent (5%) of the Public Funds may be used to fund expenses incurred in administering the distributions for the Approved Opioid Abatement Uses, including the process of selecting programs to receive distributions of Public Funds for implementing those programs and in connection with the Government Participation Mechanism3 (“Allowed Administrative Expenses,” and together with the Approved Opioid Abatement Uses, “Approved Uses”).4 Notwithstanding anything in this term sheet that might imply to the contrary, projects or programs that constitute Approved Opioid Abatement Uses may be provided by States, State agencies, Local Governments, Local Government agencies or nongovernmental parties and funded from Public Funds. 3. GENERAL NOTES The governmental entities maintain that the most beneficial and efficient use of limited bankruptcy funds is to dedicate as large a portion as possible to abatement programs addressing the opioid crisis. If this I think that should be clear and I think it is clear to them. But, rather, where they act – in the best principles of federalism, for their state, the coordinator for the victims in their state.”); Hr’g Tr. at 75:19-76:1 (Jan. 24, 2020) (“Even if there ultimately is an allocation here – and there’s not a deal now, obviously, at this point on a plan. But if there is an allocation that leaves a substantial amount of the Debtors’ value to the states and territories, one of the primary benefits of a bankruptcy case is that the plan can lock in, perhaps only in general ways, but perhaps more in specific ways, how the states use that money . . . .”). 3 Capitalized terms not defined where first used shall have the meanings later ascribed to them in this Term Sheet. 4 Nothing in this term sheet is intended to, nor does it, limit or permit the ability of funds from the Purdue estate (other than Public Funds) to be used to pay for legal fees and expenses incurred in anticipation of or during Purdue’s chapter 11 case, or once confirmed, in implementing the Chapter 11 Plan. 132 AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS SUBJECT TO MEDIATION ORDER AND FRE 408: DO NOT COPY OR DISTRIBUTE 4812-5294-4831.v1 3 Issue Description approach is taken, the governmental entities involved in the mediation – states, territories, tribes, counties, cities and others – would commit the Public Funds allocated to them to such future abatement, in lieu of direct payment for their claims. a. Resolution of States’ and Local Governments’ claims under this model presumes signoff by and support of the federal government, including an agreement that the federal government will also forego its past damages claims. Continued coordination with the federal government therefore is necessary as this model is finalized. b. This outline addresses the allocation of Abatement Funds among governmental entities to provide abatement programs to the public for the benefit of not only the governmental entities and their constituents, but also a substantial number of other creditors. The States and Local Governments welcome other, private-side creditor groups to enter discussions concerning how such creditors may participate in, contribute to and/or benefit from the government-funded abatement programs contemplated herein in lieu of direct payment on their claims for past damages. c. In addition to providing abatement services, it is understood that, if their claims are to be released in a reorganization plan, a portion of the Purdue estate will also need to be dedicated to personal injury claimants. A proposal regarding such claims is being developed separately. d. All Public Funds distributed from the Purdue bankruptcy estate as part of this abatement structure shall be used only for such Approved Uses. Compliance with these requirements shall be verified through reporting, as set out in Section 8. This outline and the terms herein are intended to apply solely to the use and allocation of Public Funds in the Purdue Chapter 11 Plan, and do not apply to the use or allocation of funds made available as the result of judgments against or settlements with any party other than those released as part of the Chapter 11 Plan. 4. DISBURSEMENT OF FUNDS Disbursement of Abatement Funds The Bankruptcy Court shall appoint [a third-party administrator (“Administrator”)] [Trustee(s)] who will perform the ministerial task of overseeing distribution of all Abatement Funds, which will consist of all assets transferred to such fund by way of the confirmed Chapter 11 Plan, and any, growth, earnings, or revenues from such assets, as well as proceeds from any future sale of such assets. The [Administrator] [Trustees] shall distribute the Abatement Fund consistent with the Chapter 11 Plan and shall provide to the Bankruptcy Court an annual report on such distributions. [Points to be addressed regarding disbursements: 133 AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS SUBJECT TO MEDIATION ORDER AND FRE 408: DO NOT COPY OR DISTRIBUTE 4812-5294-4831.v1 4 Issue Description • Trigger and timing for disbursements. • Insert details to show how these funds shall be distributed for abatement uses and that the funds will not flow into the state general revenue accounts (unless constitutionally required and, in that event, the funds shall still be disbursed for abatement uses as required by the terms of the document), including possible distribution to state points of contact and block grant recipients. • Possible creation of template document for Abatement Funds distribution requests. • If trust mechanism is employed, trust location and governing law.] 5. ATTORNEYS’ FEES AND COSTS FUND A separate fund will be established for attorneys’ fees and litigation costs in the final bankruptcy plan. Agreement by the parties to this Abatement Plan Term Sheet is contingent upon the establishment of this fund and the details of the fund, which are subject to further negotiation, including without limitation the participants, amount, jurisdiction, oversight, and administration. Participation in an abatement program, receipt of abatement services or benefits will not affect, and specific percentages in the abatement structure received by various parties will not determine, the amount of fees and costs that may be recovered. 6. TRIBAL ABATEMENT FUNDING a. [X%] of the Abatement Funds will be allocated to a Tribal Abatement Fund and these funds will not be a part of the structure involving abatement programs funded by state and local governments. b. The Tribes are working on their proposal for allocation among Tribes, which would be included as part of the overall abatement plan. c. The Tribes will use the tribal allocation of Abatement Funds for programs on the approved list of abatement strategies (see Schedule B) and also for culturally appropriate activities, practices, teachings or ceremonies that are, in the judgment of a tribe or tribal health organization, aimed at or supportive of remediation and abatement of the opioid crisis within a tribal community.5 The Tribes will have a list of representative examples of such culturally appropriate abatement strategies, practices and programs which is attached as Schedule [ ]. The separate allocation of abatement funding and illustrative list of culturally appropriate abatement strategies recognizes that American Indian and Alaska Native Tribes and the communities they serve possess unique cultural histories, practices, wisdom, and needs that are highly relevant to the health and well-being of American Indian and Alaska Native 5 [NTD: Discuss how private claimants will be treated under Tribal Allocation, if at all.] 134 AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS SUBJECT TO MEDIATION ORDER AND FRE 408: DO NOT COPY OR DISTRIBUTE 4812-5294-4831.v1 5 Issue Description people and that may play an important role in both individual and public health efforts and responses in Native communities. 7. DIVISION OF PUBLIC FUNDS Public Funds are allocated among the States, the District of Columbia and Territories in the percentages set forth on Schedule C. Except as set forth below in section 7(C) for the District of Columbia and Territories, each State’s Schedule C share shall then be allocated within the State in accordance with the following: 1. Statewide Agreement. Each State and its Local Governments will have until [the later of 60 days from entry of an order confirming the Chapter 11 Plan or the Effective Date of the Chapter 11 Plan]6 (the “Agreement Date”) to file with the Bankruptcy Court an agreed-upon allocation or method for allocating the Public Funds for that State dedicated only to Approved Uses (each a “Statewide Abatement Agreement” or “SAA”). Any State and its Local Governments that have reached agreement before the Effective Date of the Chapter 11 Plan that satisfies the metric for approval as described in the immediately following paragraph shall file a notice with the Bankruptcy Court that it has adopted a binding SAA and either include the SAA with its filing or indicate where the SAA is publicly available for the SAA to be effective for the Purdue Bankruptcy. Any dispute regarding allocation within a State will be resolved as provided by the Statewide Abatement Agreement. A Statewide Abatement Agreement shall be agreed when it has been approved by the State and either (a) representatives7 of its Local Governments whose aggregate Population Percentages, determined as set forth below, total more than Sixty Percent (60%), or (b) representatives of its Local Governments whose aggregate Population Percentages total more than fifty percent (50%) provided that these Local Governments also represent 15% or more of the State’s counties or parishes (or, in the case of States whose counties and parishes that do not function as Local Governments, 15% of or more of the State’s incorporated cities or towns), by number.8 6 Should there be provision for extension of the date for filing Statewide Abatement Agreement? 7 An authorized “representative” of local, or even State, government can differ in this Term Sheet depending on the context. 8 All references to population in this Term Sheet shall refer to published U. S. Census Bureau population estimates as of July 1, 2019, released March 2020, and shall remain unchanged during the term of this agreement. These estimates can currently be found at https://www.census.gov/data/datasets/time-series/demo/popest/2010s-counties- total.html 135 AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS SUBJECT TO MEDIATION ORDER AND FRE 408: DO NOT COPY OR DISTRIBUTE 4812-5294-4831.v1 6 Issue Description Population Percentages shall be determined as follows: For States with counties or parishes that function as Local Governments,9 the Population Percentage of each county or parish shall be deemed to be equal to (a) (1) 200% of the population of such county or parish, minus (2) the aggregate population of all Primary Incorporated Municipalities located in such county or parish,10 divided by (b) 200% of the State’s population. A “Primary Incorporated Municipality” means a city, town, village or other municipality incorporated under applicable state law with a population of at least 25,000 that is not located within another incorporated municipality The Population Percentage of each primary incorporated municipality shall be equal to its population (including the population of any incorporated or unincorporated municipality located therein) divided by 200% of the State’s population; provided that the Population Percentage of a primary incorporated municipality that is not located within a county shall be equal to 200% of its population (including the population of any incorporated or unincorporated municipality located therein) divided by 200% of the State’s population. For all States that do not have counties or parishes that function as Local Governments, the Population Percentage of each incorporated municipality (including any incorporated or unincorporated municipality located therein), shall be equal to its population divided by the State’s population. The Statewide Abatement Agreement will become effective within fourteen (14) days of filing, unless otherwise ordered by the Bankruptcy Court. A State and its Local Governments may revise, supplement, or refine a Statewide Abatement Agreement by filing an amended Statewide Abatement Agreement that has been approved by the State and sufficient Local Governments to satisfy the approval standards set forth above with the Bankruptcy Court, which shall become effective within fourteen (14) days of filing, unless otherwise ordered by the Bankruptcy Court. 2. Default Allocation Mechanism (excluding Territories and DC addressed below). The Public Funds allocable to a State that is not party to a Statewide Abatement Agreement as defined in 7(1) above (each a “Non-SAA State”) shall be allocated as between the State and its Local Governments to be 9 The following states do not have counties or parishes that function as Local Governments: Alaska, Connecticut, Massachusetts, Rhode Island, and Vermont [INSERT OTHERS]. All other States have counties or parishes that function as Local Governments. 10 Discuss how to deal with cities and towns that straddle counties. 136 AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS SUBJECT TO MEDIATION ORDER AND FRE 408: DO NOT COPY OR DISTRIBUTE 4812-5294-4831.v1 7 Issue Description used only for Approved Uses, in accordance with this Section (B) (the “Default Allocation Mechanism”). a. Regions. Except as provided in the final sentence of this paragraph, each Non-SAA State shall be divided into “Regions” as follows: (a) each Qualifying Block Grantee (as defined below) shall constitute a Region; and (b) the balance of the State shall be divided into Regions (such Regions to be designated by the State agency with primary responsibility for substance abuse disorder services employing to the maximum extent practical, existing regions established in that State for opioid abuse treatment or similar public health purposes); such non-Qualifying Block Grantee Regions are referred to herein as “Standard Regions”). The Non- SAA States which have populations under 4 million and do not have existing regions described in the foregoing clause (b) shall not be required to establish Regions;11 such a State that does not establish Regions but which does contain one or more Qualifying Block Grantees shall be deemed to consist of one Region for each Qualifying Block Grantee and one Standard Region for the balance of the State. b. Regional Apportionment. Public Funds shall be allocated to each Non-SAA State, as defined in 7(1) above, as (a) a Regional Apportionment or (b) a Non-Regional Apportionment based on the amount of Public Funds dispersed under a confirmed Chapter 11 Plan as follows: i. First $1 billion – 70% Regional Apportionment/30% Non-Regional Apportionment ii. $1-$2.5 billion – 64% Regional Apportionment /36% Non-Regional Apportionment iii. $2.5-$3.5 billion – 60% Regional Apportionment /40% Non-Regional Apportionment iv. Above $3.5 billion – 50% Regional Apportionment /50% Non-Regional Apportionment 11 To the extent they are not parties to a Statewide Abatement Agreement, the following States will qualify as a Non-SAA State that does not have to establish Regions: Connecticut, Delaware, Hawai’i, Iowa, Maine, Nevada, New Hampshire, New Mexico, Rhode Island, Vermont [INSERT OTHERS]. 137 AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS SUBJECT TO MEDIATION ORDER AND FRE 408: DO NOT COPY OR DISTRIBUTE 4812-5294-4831.v1 8 Issue Description c. Qualifying Block Grantee. A “Qualifying Local Government” means a county or parish (or in the cases of States that do not have counties or parishes that function as political subdivision, a city), that (a) either (i) has a population of 400,000 or more or (ii) in the case of California has a population of 750,000 or more and (b) has funded or otherwise manages an established, health care and/or treatment infrastructure (e.g., health department or similar agency) to evaluate, award, manage and administer a Local Government Block Grant.12 A Qualifying Local Government that elects to receive Public Funds through Local Government Block Grants is referred to herein as a Qualifying Block Grantee.13 d. Proportionate Shares of Regional Apportionment. As used herein, the “Proportionate Share” of each Region in each Non-SAA State shall be (a) for States in which counties or parishes function as Local Governments, the aggregate shares of the counties or parishes located in such Region under the allocation model employed in connection with the Purdue Bankruptcy (the “Allocation Model”),14 divided by the aggregate shares for all counties or parishes in the State under the Allocation Model; and (b) for all other States, the aggregate shares of the cities and towns in that Region under the Allocation Model’s intra-county allocation formula, divided by the aggregate shares for all cities and towns15 in the State under the Allocation Model. e. Expenditure or Disbursement of Regional Apportionment. Subject to 7(2)(i) below regarding Allowed Administrative Expenses, all Regional Apportionments shall be disbursed or expended in the form of Local Government Block Grants or otherwise for Approved Opioids Abatement Uses in the Standard Regions of each Non-SAA State. 12 As noted in footnote 8, the population for each State shall refer to published U. S. Census Bureau population estimates as of July 1, 2019, released March 2020, and shall remain unchanged during the term of this agreement. These estimates can currently be found at https://www.census.gov/data/datasets/time-series/demo/popest/2010s-counties-total.html 13 [NTD: Perhaps provide for a Qualifying Political Subdivision to expand to include neighboring areas that are part of its metro area?] 14 Need to address whether to use the Negotiation Class Allocation Model or other metric to determine Proportionate Share. 15 Should this be all cities and towns or only primary incorporated municipalities? 138 AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS SUBJECT TO MEDIATION ORDER AND FRE 408: DO NOT COPY OR DISTRIBUTE 4812-5294-4831.v1 9 Issue Description f. Qualifying Block Grantees. Each Qualifying Block Grantee shall receive its Regional Apportionment as a block grant (a “Local Government Block Grant”). Local Government Block Grants shall be used only for Approved Opioid Abatement Uses by the Qualifying Block Grantee or for grants to organizations within its jurisdiction for Approved Opioid Abatement Uses and for Allowed Administrative Expenses in accordance with 7(2)(i) below. Where a municipality located wholly within a Qualifying Block Grantee would independently qualify as a block grant recipient (“Independently Qualifying Municipality”), the Qualifying Block Grantee and Independently Qualifying Municipality must make a substantial and good faith effort to reach agreement on use of Abatement Funds as between the qualifying jurisdictions. If the Independently Qualifying Municipality and the Qualifying Block Grantee cannot reach such an agreement on or before the Agreement Date [or some later specified date], the Qualifying Block Grantee will receive the Local Government Block Grant for its full Proportionate Share and commit programming expenditures to the benefit of the Independently Qualifying Municipality in general proportion to Proportionate Shares (determined as provided in 7(2)(d) above) of the municipalities within the Qualifying Block Grantee. Notwithstanding the allocation of the Proportionate Share of each Regional Apportionment to the Qualifying Block Grantee, a Qualifying Block Grantee may choose to contribute a portion of its Proportionate Share towards a Statewide program. g. Standard Regions. The portions of each Regional Apportionment not disbursed in the form of Local Government Block Grants shall be expended throughout the Standard Regions of each Non-SAA State in accordance with 95%-105% of the respective Proportionate Shares of such Standard Regions. Such expenditures will be in a manner that will best address Opioid abatement within the State as determined by the State with the input, advice and recommendations of the Government Participation Mechanism described in Section 8 below. This regional spending requirement may be met by delivering Approved Opioid Abatement Use services or programs to a Standard Region or its residents. Delivery of such services or programs can be 139 AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS SUBJECT TO MEDIATION ORDER AND FRE 408: DO NOT COPY OR DISTRIBUTE 4812-5294-4831.v1 10 Issue Description accomplished directly or indirectly through many different infrastructures and approaches, including without limitation the following: i. State agencies, including local offices; ii. Local governments, including local government health departments; iii. State public hospital or health systems; iv. Health care delivery districts; v. Contracting with abatement service providers, including nonprofit and commercial entities; or vi. Awarding grants to local programs. h. Expenditure or Disbursement of Public Funds Other Than Regional Apportionment. All Public Funds allocable to a Non-SAA State that are not included in the State’s Regional Apportionment shall be expended only on Approved Uses. The expenditure of such funds shall be at the direction of the State’s lead agency (or other point of contact designated by the State) and may be expended on a statewide and/or localized manner, including in the manners described in herein. Qualifying Block Grantees will be eligible to participate in or receive the benefits of any such expenditures on the same basis as other Regions. i. Allowed Administrative Expenses. Qualifying Block Grantees States may use up to 5% of their Non-Regional Apportionments plus 5% of the Regional Apportionment not used to fund Local Government Block Grants, for Allowed Administrative Expenses. Qualifying Block Grantees may use up to 5% of their Local Government Block Grants to fund their Allowed Administrative Expenses. 3. Records. The State shall maintain records of abatement expenditures and its required reporting will include data on regional expenditures so it can be verified that the Regional Distribution mechanism guarantees are being met.16 Qualifying Block Grantees shall maintain records of abatement expenditures and shall provide those records periodically to their State for inclusion in the State’s required periodic reporting, and shall be subject to audit consistent with State law applicable to the granting of State funds. 16 Additional records and reporting requirements? 140 AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS SUBJECT TO MEDIATION ORDER AND FRE 408: DO NOT COPY OR DISTRIBUTE 4812-5294-4831.v1 11 Issue Description (C) Allocation for Territories and the District of Columbia Only The allocation of Public Funds within a Territory or the District of Columbia will be determined by its local legislative body [within one year of the Agreement Date ], unless that legislative body is not in session, in which case, the allocation of Public Funds shall be distributed pursuant to the direction of the Territory’s or District of Columbia’s executive, in consultation – to the extent applicable – with its Government Participation Mechanism [within ninety (90) days of the Agreement Date ].17 8. GOVERNMENT PARTICIPATION MECHANISM In each Non-SAA State, as defined in 7(1) above, there shall be a process, preferably pre-existing, whereby the State shall allocate funds under the Regional Distribution mechanism only after meaningfully consulting with its respective Local Governments. Each such State shall identify its mechanism (whether be it a council, board, committee, commission, taskforce, or other efficient and transparent structure) for consulting with its respective Local Governments (the “Government Participation Mechanism” or “GPM”) in a notice filed with the Bankruptcy Court identifying what GPM has been formed and describing the participation of its Local Governments in connection therewith. States may combine these notices into one or more notices for filing with the Bankruptcy Court. These notices are reviewable by the Bankruptcy Court upon the motion of any Local Government in that State asserting that no GPM has been formed. Government Participation Mechanisms shall conform to the following: (A) Composition. For each State, a. the State, on the one hand, and State’s Local Governments, on the other hand, shall have equal representation on a GPM; b. Local Government representation on a GPM shall be weighted in favor of the Standard Regions but can include representation from the State’s Qualifying Block Grantees; c. the GPM will be chaired by a non-voting Chairperson appointed by the State; d. Groups formed by the States’ executive or legislature may be used as a GPM, provided that the group has equal representation by the State and the State’s Local Governments.18 Appointees should possess experience, expertise and education with respect to public health, substance abuse, and other related 17 Territory and DC provisions to be discussed 18 Additional potential terms: mechanism for state and local appointment; duration of term, reimbursement of expenses. 141 AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS SUBJECT TO MEDIATION ORDER AND FRE 408: DO NOT COPY OR DISTRIBUTE 4812-5294-4831.v1 12 Issue Description topics as is necessary to assure the effective functioning of the GPM. (B) Consensus. Members of the GPMs should attempt to reach consensus with respect to GPM Recommendations and other actions of the GPM. Consensus is defined in this process as a general agreement achieved by the members that reflects, from as many members as possible, their active support, support with reservations, or willingness to abide by the decision of the other members. Consensus does not require unanimity or other set threshold and may include objectors. In all events, however, actions of a GPM shall be effective if supported by at least a majority of its Members. GPM Recommendations and other action shall note the existence and summarize the substance of objections where requested by the objector(s). (C) Proceedings. Each GPM shall hold no fewer than four public meetings annually, to be publicized and located in a manner reasonably designed to facilitate attendance by residents throughout the State. Each GPM shall function in a manner consistent with its State’s open meeting, open government or similar laws, and with the Americans with Disabilities Act. GPM members shall be subject to State conflict of interest and similar ethics in government laws. (D) Consultation and Discretion. The GPM shall be a mechanism by which the State consults with community stakeholders, including Local Governments (including those not a part of the GPM), state and local public health officials and public health advocates, in connection with opioid abatement priorities and expenditure decisions for the use of Public Funds on Approved Opioid Abatement Uses.19 (E) Recommendations. A GPM shall make recommendations regarding specific opioid abatement priorities and expenditures for the use of Public Funds on Approved Opioid Abatement Uses to the State or the agency designated by a State for this purpose (“GPM Recommendations”). In carrying out its obligations to provide GPM Recommendations, a GPM may consider local, state and federal initiatives and activities related to education, prevention, treatment and services for individuals and families experiencing and affected by opioid use disorder; recommend priorities to address the State’s opioid epidemic, which recommendations may be Statewide or specific to Regions; recommend Statewide or Regional funding with respect to specific programs or initiatives; recommend measurable outcomes to determine the effectiveness of funds expended for 19 Address form of consultation with non-GPM members, public hearings, etc. 142 AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS SUBJECT TO MEDIATION ORDER AND FRE 408: DO NOT COPY OR DISTRIBUTE 4812-5294-4831.v1 13 Issue Description Approved Opioid Abatement Uses; monitor the level of Allowed Administrative Expenses expended from Public Funds. The goal is for a process that produces GPM Recommendations that are recognized as being an efficient, evidence-based approach to abatement that addresses the State’s greatest needs while also including programs reflecting particularized needs in local communities. It is anticipated that such a process, particularly given the active participation of state representatives, will inform and assist the state in making decisions about the spending of the Public Funds. To the extent a State chooses not to follow a GPM Recommendation, it will make publicly available within 14 days after the decision is made a written explanation of the reasons for its decision, and allow 7 days for the GPM to respond. (F) Review. Local Governments and States may object to an allocation or expenditure of Public Funds (whether a Regional Apportionment or Non-Regional Apportionment) solely on the basis that the allocation or expenditure at issue (i) is inconsistent with the provisions of Section 7(B)2 hereof with respect to the levels of Regional Apportionments and Non-Regional Apportionments; (ii) is inconsistent with the provisions of Section 7(B)(5) hereof with respect to the amounts of Local Government Block Grants or Regional Apportionment expenditures; (iii) is not for an Approved Use, or (iv) violates the limitations set forth herein with respect to Allowed Administrative Fees. The objector shall have the right to bring that objection to either (a) a court with jurisdiction within the applicable State (“State Court”) or (b) the Bankruptcy Court if the Purdue chapter 11 case has not been closed; provided that nothing herein is intended to expand the scope of the Bankruptcy Court’s post-confirmation jurisdiction or be deemed to be a consent to any expanded post-confirmation jurisdiction by the Bankruptcy Court (each an “Objection”). If an Objection is filed within fourteen (14) days of approval of an Allocation, then no funds shall be distributed on account of the aspect of the Allocation that is the subject of the Objection until the Objection is resolved or decided by the Bankruptcy Court or State Court, as applicable. There shall be no other basis for bringing an Objection to the approval of an Allocation. 8. COMPLIANCE, REPORTING, AUDIT AND ACCOUNTABILITY At least annually, each State shall publish on the lead State Agency’s website or on its Attorney General’s website a report detailing for the preceding time period, respectively (i) the amount of Public Funds received, (ii) the allocation awards approved (indicating the recipient, the 143 AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS SUBJECT TO MEDIATION ORDER AND FRE 408: DO NOT COPY OR DISTRIBUTE 4812-5294-4831.v1 14 Issue Description amount of the allocation, the program to be funded and disbursement terms), and (iii) the amounts disbursed on approved allocations, to Qualifying Local Governments for Local Government Block Grants and Allowed Administrative Fees. At least annually, each Qualifying Block Grantee which has elected to take a Local Government Block Grant shall publish on its lead Agency’s or Local Government’s website a report detailing for the preceding time period, respectively (i) the amount of Local Government Block Grants received, (ii) the allocation awards approved (indicating the recipient, the amount of the grant, the program to be funded and disbursement terms), and (iii) the amounts disbursed on approved allocations. As applicable, each State or Local Government shall impose reporting requirements on each recipient to ensure that Public Funds are only being used for Approved Uses, in accordance with the terms of the allocation, and that the efficacy of the expenditure of such Public Funds with respect to opioids abatement can be publicly monitored and evaluated. The expenditure and disbursement of Public Funds shall be subject to audit by States as follows: [details of audit scope, process, output, etc.] (a) A court with jurisdiction within the applicable State (“State Court”) or (b) the Bankruptcy Court if the Purdue chapter 11 case has not been closed shall have jurisdiction to enforce the terms of this agreement, and as applicable, a Statewide Abatement Agreement or Default Mechanism; provided that nothing herein is intended to expand the scope of the Bankruptcy Court’s post-confirmation jurisdiction. 144 AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS SUBJECT TO MEDIATION ORDER AND FRE 408: DO NOT COPY OR DISTRIBUTE 4812-5294-4831.v1 15 Schedule A Core Strategies States and Qualifying Block Grantees shall choose from among the abatement strategies listed in Schedule B. However, priority shall be given to the following core abatement strategies (“Core Strategies”)[, such that a minimum of __% of the [aggregate] state-level abatement distributions shall be spent on [one or more of] them annually]. A. Naloxone/Narcan 1. Expand training for first responders, EMTs, law enforcement, schools, community support groups and families; and 2. Increase distribution to non-Medicaid eligible or uninsured individuals. B. Medication Assisted Treatment (“MAT”) Distribution and other opioid-related treatment 1. Increase distribution of MAT to non-Medicaid eligible or uninsured individuals; 2. Provide MAT services to youth and education to school-based and youth- focused programs that discourage or prevent misuse; 3. Provide MAT education and awareness training to healthcare providers, EMTs, law enforcement, and other first responders; and 4. Non-MAT treatment, including addition and expansion of services for managing withdrawal and related systems such as detox, residential, hospitalization, intensive outpatient, outpatient, recovery housing, and treatment facilities. C. Pregnant & Postpartum Women 1. Expand Screening, Brief Intervention, and Referral to Treatment (“SBIRT”) services to non-Medicaid eligible or uninsured pregnant women; 2. Expand comprehensive evidence-based treatment and recovery services, including MAT, for women with co-occurring Opioid Use Disorder (“OUD”) and other Substance Use Disorder (“SUD”)/Mental Health disorders from 60 days postpartum to 12 months (post-Medicaid coverage); and 3. Provide comprehensive wrap-around services to individuals in recovery including housing, transportation, job placement/training, and childcare. D. Expanding Treatment for Neonatal Abstinence Syndrome 1. Expand comprehensive evidence-based and recovery support for NAS babies; 2. Expand services for better continuum of care with infant-need dyad; and 3. Expand long-term treatment and services for medical monitoring of NAS babies and their families. 145 AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS SUBJECT TO MEDIATION ORDER AND FRE 408: DO NOT COPY OR DISTRIBUTE 4812-5294-4831.v1 16 E. Expansion of Warm Hand-off Programs and Recovery Services 1. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments; 2. Expand warm hand-off services to transition to recovery services; 3. Broaden scope of recovery services to include co-occurring SUD or other polysubstance abuse problems; 4. Provide comprehensive wrap-around services to individuals in recovery including housing, transportation, job placement/training, and childcare; and 5. Hire additional social workers to facilitate expansions above. F. Treatment for Incarcerated Population 1. Provide evidence-based treatment and recovery support including MAT for persons with OUD and co-occurring SUD/MH disorders within and transitioning out of the criminal justice system; and 2. Increase funding for jails that currently have or had detox units to treat inmates with OUD. G. Prevention Programs 1. Funding for media campaigns to prevent opioid use (similar to the FDA’s “Real Cost” campaign to prevent youth from misusing tobacco); 2. Funding for school-based prevention programs, beyond education about MAT mentioned above, including evidence-based school-wide programs; 3. Funding for medical provider education and outreach regarding best prescribing practices for opioids consistent with the 2016 CDC guidelines, including providers at hospitals (academic detailing); 4. Funding for community drug disposal programs; and 5. Funding for additional city police officers/county sheriffs to specifically address OUD and opioid-related ODs. H. Expanding Syringe Service Programs 1. Provide comprehensive syringe exchange services programs with more wrap-around services including treatment information. I. Evidence based data collection and research analyzing the effectiveness of the abatement strategies within the State. 146 AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS SUBJECT TO MEDIATION ORDER AND FRE 408: DO NOT COPY OR DISTRIBUTE 4812-5294-4831.v1 17 Schedule B Approved Uses20 Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder or Mental Health (SUD/MH) conditions through evidence-based, evidence-informed, or promising programs or strategies that may include, but are not limited to, the following: PART ONE: TREATMENT A. TREAT OPIOID USE DISORDER (OUD) Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder or Mental Health (SUD/MH) conditions through evidence-based, evidence-informed, or promising programs or strategies that may include, but are not limited to, the following: 1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions, including all forms of Medication-Assisted Treatment (MAT) approved by the U.S. Food and Drug Administration. 2. Support and reimburse services that include the full American Society of Addiction Medicine (ASAM) continuum of care for OUD and any co-occurring SUD/MH conditions, including but not limited to: a. Medication-Assisted Treatment (MAT); b. Abstinence-based treatment; c. Treatment, recovery, or other services provided by states, subdivisions, community health centers; non-for-profit providers; or for-profit providers; d. Treatment by providers that focus on OUD treatment as well as treatment by providers that offer OUD treatment along with treatment for other SUD/MH conditions; or e. Evidence-informed residential services programs, as noted below. 3. Expand telehealth to increase access to treatment for OUD and any co-occurring SUD/MH conditions, including MAT, as well as counseling, psychiatric support, and other treatment and recovery support services. 4. Improve oversight of Opioid Treatment Programs (OTPs) to assure evidence-based, evidence-informed, or promising practices such as adequate methadone dosing and low threshold approaches to treatment. 5. Support mobile intervention, treatment, and recovery services, offered by qualified professionals and service providers, such as peer recovery coaches, for persons with 20 [NTD: Discuss expanded list of Approved Uses to be included. Discuss “self-executing” function based on additional information received from NCSG.] 147 AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS SUBJECT TO MEDIATION ORDER AND FRE 408: DO NOT COPY OR DISTRIBUTE 4812-5294-4831.v1 18 OUD and any co-occurring SUD/MH conditions and for persons who have experienced an opioid overdose. 6. Treatment of mental health trauma resulting from the traumatic experiences of the opioid user (e.g., violence, sexual assault, human trafficking, or adverse childhood experiences) and family members (e.g., surviving family members after an overdose or overdose fatality), and training of health care personnel to identify and address such trauma. 7. Support detoxification (detox) and withdrawal management services for persons with OUD and any co-occurring SUD/MH conditions, including medical detox, referral to treatment, or connections to other services or supports. 8. Training on MAT for health care providers, students, or other supporting professionals, such as peer recovery coaches or recovery outreach specialists, including telementoring to assist community-based providers in rural or underserved areas. 9. Support workforce development for addiction professionals who work with persons with OUD and any co-occurring SUD/MH conditions. 10. Fellowships for addiction medicine specialists for direct patient care, instructors, and clinical research for treatments. 11. Scholarships and supports for certified addiction counselors and other mental and behavioral health providers involved in addressing OUD any co-occurring SUD/MH conditions, including but not limited to training, scholarships, fellowships, loan repayment programs, or other incentives for providers to work in rural or underserved areas. 12. Scholarships for persons to become certified addiction counselors, licensed alcohol and drug counselors, licensed clinical social workers, and licensed mental health counselors practicing in the SUD field, and scholarships for certified addiction counselors, licensed alcohol and drug counselors, licensed clinical social workers, and licensed mental health counselors practicing in the SUD field for continuing education and licensing fees. 13. Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction Treatment Act of 2000 (DATA 2000) to prescribe MAT for OUD, and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver. 14. Dissemination of web-based training curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service-Opioids web-based training curriculum and motivational interviewing. 15. Development and dissemination of new curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service for Medication-Assisted Treatment. B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY 148 AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS SUBJECT TO MEDIATION ORDER AND FRE 408: DO NOT COPY OR DISTRIBUTE 4812-5294-4831.v1 19 Support people in treatment for and recovery from OUD and any co-occurring SUD/MH conditions through evidence-based, evidence-informed, or promising programs or strategies that may include, but are not limited to, the following: 1. Provide the full continuum of care of recovery services for OUD and any co-occurring SUD/MH conditions, including supportive housing, residential treatment, medical detox services, peer support services and counseling, community navigators, case management, and connections to community-based services. 2. Provide counseling, peer-support, recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co-occurring SUD/MH conditions. 3. Provide access to housing for people with OUD and any co-occurring SUD/MH conditions, including supportive housing, recovery housing, housing assistance programs, or training for housing providers. 4. Provide community support services, including social and legal services, to assist in deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions. 5. Support or expand peer-recovery centers, which may include support groups, social events, computer access, or other services for persons with OUD and any co-occurring SUD/MH conditions. 6. Provide or support transportation to treatment or recovery programs or services for persons with OUD and any co-occurring SUD/MH conditions. 7. Provide employment training or educational services for persons in treatment for or recovery from OUD and any co-occurring SUD/MH conditions. 8. Identify successful recovery programs such as physician, pilot, and college recovery programs, and provide support and technical assistance to increase the number and capacity of high-quality programs to help those in recovery. 9. Engage non-profits, faith-based communities, and community coalitions to support people in treatment and recovery and to support family members in their efforts to manage the opioid user in the family. 10. Training and development of procedures for government staff to appropriately interact and provide social and other services to current and recovering opioid users, including reducing stigma. 11. Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment. 12. Create or support culturally-appropriate services and programs for persons with OUD and any co-occurring SUD/MH conditions, including new Americans. 149 AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS SUBJECT TO MEDIATION ORDER AND FRE 408: DO NOT COPY OR DISTRIBUTE 4812-5294-4831.v1 20 13. Create and/or support recovery high schools. C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED (CONNECTIONS TO CARE) Provide connections to care for people who have – or at risk of developing – OUD and any co-occurring SUD/MH conditions through evidence-based, evidence-informed, or promising programs or strategies that may include, but are not limited to, the following: 1. Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat (or refer if necessary) a patient for OUD treatment. 2. Fund Screening, Brief Intervention and Referral to Treatment (SBIRT) programs to reduce the transition from use to disorders. 3. Provide training and long-term implementation of SBIRT in key systems (health, schools, colleges, criminal justice, and probation), with a focus on youth and young adults when transition from misuse to opioid disorder is common. 4. Purchase automated versions of SBIRT and support ongoing costs of the technology. 5. Training for emergency room personnel treating opioid overdose patients on post-discharge planning, including community referrals for MAT, recovery case management or support services. 6. Support hospital programs that transition persons with OUD and any co-occurring SUD/MH conditions, or persons who have experienced an opioid overdose, into community treatment or recovery services through a bridge clinic or similar approach. 7. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co-occurring SUD/MH conditions or persons that have experienced an opioid overdose. 8. Support the work of Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid-related adverse event. 9. Provide funding for peer support specialists or recovery coaches in emergency departments, detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any co-occurring SUD/MH conditions or to persons who have experienced an opioid overdose. 10. Provide funding for peer navigators, recovery coaches, care coordinators, or care managers that offer assistance to persons with OUD and any co-occurring SUD/MH conditions or to persons who have experienced on opioid overdose. 150 AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS SUBJECT TO MEDIATION ORDER AND FRE 408: DO NOT COPY OR DISTRIBUTE 4812-5294-4831.v1 21 11. Create or support school-based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people. 12. Develop and support best practices on addressing OUD in the workplace. 13. Support assistance programs for health care providers with OUD. 14. Engage non-profits and the faith community as a system to support outreach for treatment. 15. Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any co-occurring SUD/MH conditions. 16. Create or support intake and call centers to facilitate education and access to treatment, prevention, and recovery services for persons with OUD and any co-occurring SUD/MH conditions. 17. Develop or support a National Treatment Availability Clearinghouse – a multistate/nationally accessible database whereby health care providers can list locations for currently available in-patient and out-patient OUD treatment services that are accessible on a real-time basis by persons who seek treatment. D. ADDRESS THE NEEDS OF CRIMINAL-JUSTICE-INVOLVED PERSONS Address the needs of persons with OUD and any co-occurring SUD/MH conditions who are involved – or are at risk of becoming involved – in the criminal justice system through evidence- based, evidence-informed, or promising programs or strategies that may include, but are not limited to, the following: 1. Support pre-arrest or pre-arraignment diversion and deflection strategies for persons with OUD and any co-occurring SUD/MH conditions, including established strategies such as: a. Self-referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative (PAARI); b. Active outreach strategies such as the Drug Abuse Response Team (DART) model; c. “Naloxone Plus” strategies, which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriate services; d. Officer prevention strategies, such as the Law Enforcement Assisted Diversion (LEAD) model; e. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; or 151 AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS SUBJECT TO MEDIATION ORDER AND FRE 408: DO NOT COPY OR DISTRIBUTE 4812-5294-4831.v1 22 f. Co-responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise and to reduce perceived barriers associated with law enforcement 911 responses. 2. Support pre-trial services that connect individuals with OUD and any co-occurring SUD/MH conditions to evidence-informed treatment, including MAT, and related services. 3. Support treatment and recovery courts for persons with OUD and any co-occurring SUD/MH conditions, but only if these courts provide referrals to evidence-informed treatment, including MAT. 4. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co-occurring SUD/MH conditions who are incarcerated in jail or prison. 5. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co-occurring SUD/MH conditions who are leaving jail or prison have recently left jail or prison, are on probation or parole, are under community corrections supervision, or are in re-entry programs or facilities. 6. Support critical time interventions (CTI), particularly for individuals living with dual- diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings. 7. Provide training on best practices for addressing the needs of criminal-justice-involved persons with OUD and any co-occurring SUD/MH conditions to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery, harm reduction, case management, or other services offered in connection with any of the strategies described in this section. E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE SYNDROME Address the needs of pregnant or parenting women with OUD and any co-occurring SUD/MH conditions, and the needs of their families, including babies with neonatal abstinence syndrome, through evidence-based, evidence-informed, or promising programs or strategies that may include, but are not limited to, the following: 1. Support evidence-based, evidence-informed, or promising treatment, including MAT, recovery services and supports, and prevention services for pregnant women – or women who could become pregnant – who have OUD and any co-occurring SUD/MH conditions, and other measures educate and provide support to families affected by Neonatal Abstinence Syndrome. 152 AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS SUBJECT TO MEDIATION ORDER AND FRE 408: DO NOT COPY OR DISTRIBUTE 4812-5294-4831.v1 23 2. Training for obstetricians or other healthcare personnel that work with pregnant women and their families regarding treatment of OUD and any co-occurring SUD/MH conditions. 3. Provide training to health care providers who work with pregnant or parenting women on best practices for compliance with federal requirements that children born with Neonatal Abstinence Syndrome get referred to appropriate services and receive a plan of safe care. 4. Child and family supports for parenting women with OUD and any co-occurring SUD/MH conditions. 5. Enhanced family supports and child care services for parents with OUD and any co-occurring SUD/MH conditions. 6. Provide enhanced support for children and family members suffering trauma as a result of addiction in the family; and offer trauma-informed behavioral health treatment for adverse childhood events. 7. Offer home-based wrap-around services to persons with OUD and any co-occurring SUD/MH conditions, including but not limited to parent skills training. 8. Support for Children’s Services – Fund additional positions and services, including supportive housing and other residential services, relating to children being removed from the home and/or placed in foster care due to custodial opioid use. PART TWO: PREVENTION F. PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE PRESCRIBING AND DISPENSING OF OPIOIDS Support efforts to prevent over-prescribing and ensure appropriate prescribing and dispensing of opioids through evidence-based, evidence-informed, or promising programs or strategies that may include, but are not limited to, the following: 1. Training for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids. 2. Academic counter-detailing to educate prescribers on appropriate opioid prescribing. 3. Continuing Medical Education (CME) on appropriate prescribing of opioids. 4. Support for non-opioid pain treatment alternatives, including training providers to offer or refer to multi-modal, evidence-informed treatment of pain. 153 AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS SUBJECT TO MEDIATION ORDER AND FRE 408: DO NOT COPY OR DISTRIBUTE 4812-5294-4831.v1 24 5. Support enhancements or improvements to Prescription Drug Monitoring Programs (PDMPs), including but not limited to improvements that: a. Increase the number of prescribers using PDMPs; b. Improve point-of-care decision-making by increasing the quantity, quality, or format of data available to prescribers using PDMPs, by improving the interface that prescribers use to access PDMP data, or both; or c. Enable states to use PDMP data in support of surveillance or intervention strategies, including MAT referrals and follow-up for individuals identified within PDMP data as likely to experience OUD. 6. Development and implementation of a national PDMP – Fund development of a multistate/national PDMP that permits information sharing while providing appropriate safeguards on sharing of private health information, including but not limited to: a. Integration of PDMP data with electronic health records, overdose episodes, and decision support tools for health care providers relating to OUD. b. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation’s Emergency Medical Technician overdose database. 7. Increase electronic prescribing to prevent diversion or forgery. 8. Educate Dispensers on appropriate opioid dispensing. G. PREVENT MISUSE OF OPIOIDS Support efforts to discourage or prevent misuse of opioids through evidence-based, evidence-informed, or promising programs or strategies that may include, but are not limited to, the following: 1. Corrective advertising or affirmative public education campaigns based on evidence. 2. Public education relating to drug disposal. 3. Drug take-back disposal or destruction programs. 4. Fund community anti-drug coalitions that engage in drug prevention efforts. 5. Support community coalitions in implementing evidence-informed prevention, such as reduced social access and physical access, stigma reduction – including staffing, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence-informed implementation, including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Administration (SAMHSA). 6. Engage non-profits and faith-based communities as systems to support prevention. 154 AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS SUBJECT TO MEDIATION ORDER AND FRE 408: DO NOT COPY OR DISTRIBUTE 4812-5294-4831.v1 25 7. Support evidence-informed school and community education programs and campaigns for students, families, school employees, school athletic programs, parent-teacher and student associations, and others. 8. School-based or youth-focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids. 9. Create of support community-based education or intervention services for families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH conditions. 10. Support evidence-informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience skills. 11. Support greater access to mental health services and supports for young people, including services and supports provided by school nurses or other school staff, to address mental health needs in young people that (when not properly addressed) increase the risk of opioid or other drug misuse. H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION) Support efforts to prevent or reduce overdose deaths or other opioid-related harms through evidence-based, evidence-informed, or promising programs or strategies that may include, but are not limited to, the following: 1. Increase availability and distribution of naloxone and other drugs that treat overdoses for first responders, overdose patients, opioid users, families and friends of opioid users, schools, community navigators and outreach workers, drug offenders upon release from jail/prison, or other members of the general public. 2. Public health entities provide free naloxone to anyone in the community, including but not limited to provision of intra-nasal naloxone in settings where other options are not available or allowed. 3. Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, and other members of the general public. 4. Enable school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support. 5. Expand, improve, or develop data tracking software and applications for overdoses/naloxone revivals. 6. Public education relating to emergency responses to overdoses. 7. Public education relating to immunity and Good Samaritan laws. 155 AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS SUBJECT TO MEDIATION ORDER AND FRE 408: DO NOT COPY OR DISTRIBUTE 4812-5294-4831.v1 26 8. Educate first responders regarding the existence and operation of immunity and Good Samaritan laws. 9. Syringe service programs and other evidence-informed programs to reduce harms associated with intravenous drug use, including supplies, staffing, space, peer support services, referrals to treatment, fentanyl checking, connections to care, and the full range of harm reduction and treatment services provided by these programs. 10. Expand access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use. 11. Support mobile units that offer or provide referrals to harm reduction services, treatment, recovery supports, health care, or other appropriate services to persons that use opioids or persons with OUD and any co-occurring SUD/MH conditions. 12. Provide training in harm reduction strategies to health care providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OUD and any co-occurring SUD/MH conditions. 13. Support screening for fentanyl in routine clinical toxicology testing. PART THREE: OTHER STRATEGIES I. FIRST RESPONDERS In addition to items C8, D1 through D7, H1, H3, and H8, support the following: 1. Law enforcement expenditures relating to the opioid epidemic. 2. Educate law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs. 3. Provision of wellness and support services for first responders and others who experience secondary trauma associated with opioid-related emergency events. J. LEADERSHIP, PLANNING AND COORDINATION Support efforts to provide leadership, planning, and coordination to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1. Community regional planning to identify goals for reducing harms related to the opioid epidemic, to identify areas and populations with the greatest needs for treatment 156 AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS SUBJECT TO MEDIATION ORDER AND FRE 408: DO NOT COPY OR DISTRIBUTE 4812-5294-4831.v1 27 intervention services, or to support other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 2. A government dashboard to track key opioid-related indicators and supports as identified through collaborative community processes. 3. Invest in infrastructure or staffing at government or not-for-profit agencies to support collaborative, cross-system coordination with the purpose of preventing overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any co-occurring SUD/MH conditions, supporting them in treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 4. Provide resources to staff government oversight and management of opioid abatement programs. K. TRAINING In addition to the training referred to in items A7, A8, A9, A12, A13, A14, A15, B7, B10, C3, C5, D7, E2, E4, F1, F3, F8, G5, H3, H12, and I-2, support training to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1. Provide funding for staff training or networking programs and services to improve the capability of government, community, and not-for-profit entities to abate the opioid crisis. 2. Support infrastructure and staffing for collaborative cross-system coordination to prevent opioid misuse, prevent overdoses, and treat those with OUD and any co-occurring SUD/MH conditions, or implement other strategies to abate the opioid epidemic described in this opioid abatement strategy list (e.g., health care, primary care, pharmacies, PDMPs, etc.). L. RESEARCH Support opioid abatement research that may include, but is not limited to, the following: a. Monitoring, surveillance, and evaluation of programs and strategies described in this opioid abatement strategy list. b. Research non-opioid treatment of chronic pain. c. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders. d. Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips. 157 AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS SUBJECT TO MEDIATION ORDER AND FRE 408: DO NOT COPY OR DISTRIBUTE 4812-5294-4831.v1 28 e. Research on innovative supply-side enforcement efforts such as improved detection of mail-based delivery of synthetic opioids. f. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g. Hawaii HOPE and Dakota 24/7). g. Research on expanded modalities such as prescription methadone that can expand access to MAT. h. Epidemiological surveillance of OUD-related behaviors in critical populations including individuals entering the criminal justice system, including but not limited to approaches modeled on the Arrestee Drug Abuse Monitoring (ADAM) system. i. Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids. j. Geospatial analysis of access barriers to MAT and their association with treatment engagement and treatment outcomes. 158 DRAFT 05/20/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS FOR DISCUSSION AMONG NCSG, AHC AND MSGE ONLY SUBJECT TO MEDIATION ORDER AND FRE 408 4812-5294-4831.v1 29 Schedule C State Allocation Percentages [TO BE INSERTED] 63779069 v1 159 CONSENT AGENDA ITEM 303 CITY COMMISSION AGENDA | DECEMBER 13, 2021 REGULAR MEETING TITLE 2022 City Events & Programs SUMMARY Attached is the schedule of City Events and Programs for calendar year 2022. These events are either budgeted items or funded by sponsorships and donations. RECOMMENDATION Staff is recommends approval for the 2022 City Events and Programs. Additionally, authorization for the City Manager and City Attorney is requested to prepare and execute any and all applicable contract documents consistent with this agenda item. 160 Central Florida Scottish Highland Games January 15 and 16, 8AM - 5PM Central Winds Park Join us for a weekend of Scottish food, heritage, dancing, and athletics at Central Winds Park. Father Daughter Dance February 11, 7pm - 9PM Winter Springs Senior Center Join us for our annual Father Daughter Dance! Set out for a fun-filled night of dancing & music your little girl will never forget. Enjoy a live DJ, a free photo by a professional photographer, free refreshments, & great prizes! Babe Ruth Opening Day February 19 | 9AM - 11AM Central Winds Park Play ball! Opening day is a cherished tradition in Winter Springs. Celebrate teamwork, dedication, & sportsmanship with Winter Springs Babe Ruth at Central Winds Park. Egg-citing Egg Hunt April 16 | 9AM - 12PM Central Winds Park Join us for a park-wide Spring egg hunt! Children ages 2 – 12 bring your own baskets and hunt for eggs at Central Winds Park! Fun and prizes for everyone! Find the special golden egg for a big surprise! Explore Outdoors April 30, 8AM – 1PM Central Winds Park Spring into the season at our annual Arbor Day Celebration, This event features the City’s Tree Giveaway, educational classes a FREE kids play area, live entertainment, & great vendors! Fish Winter Springs May 7, 8AM - 10AM Central Winds Park Enjoy a morning of fishing fun with the family! Bring your child to experience the leisure of fishing and learn how to cast, bait the hook, and the safety of the outdoors. Fish Winter Spring May 14, 8AM - 10AM Central Winds Park Enjoy a morning of fishing fun with the family! Bring your child to experience the leisure of fishing and learn how to cast, bait the hook, and the safety of the outdoors. Food Truck Thursday (May) May 19, 5PM - 8PM Trotwood Park Join us for an evening filled with delicious food from local food trucks and music. Camp Sunshine Tuesday, May 31 - Friday, July 29th Winter Springs Civic Center Camp Sunshine is a day camp for elementary aged children. Campers will engage in activities that en- courage teamwork, creativity, and leadership skills. Celebration of Freedom July 4, 5PM - 9:30PM Central Winds Park Celebrate the 4th of July with a BANG! Join your community at Central Winds Park for our annual Celebration of Freedom. The evening is filled with fun from live entertainment, a free kid’s area, & great vendors. The night will wrap up with a world class firework display. Food Truck Thursday (August) August 18 , 5PM - 8PM Torcaso Park Join us for an evening filled with delicious food from local food trucks and music. Food Truck Thursday (September) September 15, 5PM - 8PM Trotwood Park Join us for an evening filled with delicious food from local food trucks and music. CITY OF WINTER SPRINGS 2022 City Events & Programs 161 Winter Springs Festival of the Arts October 15-16, 10AM - 5PM Winter Springs Town Center Winter Springs Festival of the Arts is celebrating 14 years of exceptional art, tasty food and drink, rockin’ entertainment, kids’ crafts and much more. Set on beautiful Blumberg Blvd in the Winter Springs Town Center, this is an opportunity to enjoy award-win- ning art and meet the artists, and explore unique artists at the student and senior art tents. Frights and Flix October 21, 5PM - 9PM Torcaso Park Enjoy an evening under the stars at Frights and Flix! Enjoy tasty treats and music from a variety of food trucks and stay late to enjoy a movie in the park. Hometown Harvest October 29, 5PM - 9PM Central Winds Park Celebrate autumn at our 16th annual fall festival Hometown Harvest! From FREE hayrides to live musical performances, this event hosts a large col- lection of fun and activities including the Winter Springs Got Talent competition! Kids can enjoy the Hay Play area and pumpkin painting! See Winter Springs’ very own Dancers with Class and even join them for a line dance! National Night Out October 29, 5PM - 9PM Central Winds Park Come celebrate National Night Out at Hometown Harvest with WSPD! Celebrate the ability to walk freely through the streets without the fear of being victimized by crime. WSPD will have specialty vehi- cles and equipment on display and officers to meet! Veterans Day Tribute November 11, 6PM - 7PM Veterans Memorial at Town Center Please join the City of Winter Springs as we celebrate and hon- or our nation’s heroes. This event offers a time to honor our 2022 Hometown Hero and remember veterans and those who have made the ultimate sacrifice for our freedom. Winter Wonderland December 3, 4PM - 8PM Winter Springs Town Center Tis’ the season for joy and celebration! Stop by and enjoy the festivities this holiday season at Winter Wonderland! Experience an evening with one of the longest-running traditions in our city, the 40th annual Holiday Parade featuring local talent and businesses and the annual Christmas tree Lighting! Enjoy local entertainment and a visit from Santa Claus! Winter Wonderland of Lights December 4, 9, 10, and 11, 7PM - 9PM Central Winds Park The holiday celebration continues with one of our newest holiday traditions - the Winter Wonderland of Lights! Drive through Central Winds Park and view holiday lights for free by the City and local businesses and organizations. Santa’s City Run December 5-9, 5PM - 8PM Santa is coming to town! Each year Santa visits Win- ter Springs for one week and is escorted each night around the city by the Winter Springs Police De- partment to spread candy and joy to the children and families who come outside to wave to him. On the big night, be sure to listen for police sirens! 162 CITY COMMISSION SPECIAL MEETING MINUTES MONDAY, SEPTEMBER 20, 2021 AT 6:30 PM CITY HALL - COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA 163 CITY COMMISSION MINUTES | SPECIAL MEETING | MONDAY, S EPTEMBER 20 , 2021 | PAGE 2 OF 4 CALL TO ORDER Mayor Kevin McCann called the Special Meeting of Monday, September 20, 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 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 *AGENDA NOTE* A FULL TRANSCRIPT OF THE PROCEEDINGS IS ATTACHED TO THE END OF THESE MINUTES. Mayor McCann outlined proposed rules of procedure for the proceedings. “MOTION TO ADOPT PROCEDURES AS OUTLINED BY THE MAYOR.” 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. AWARDS AND PRESENTATIONS 100.) Not Used INFORMATIONAL AGENDA 200.) Not Used CONSENT AGENDA 300.) Not Used PUBLIC HEARINGS AGENDA 400.) Not Used REGULAR AGENDA 164 CITY COMMISSION MINUTES | SPECIAL MEETING | MONDAY, S EPTEMBER 20 , 2021 | PAGE 3 OF 4 500) Pursuant to Resolution No. 2021-09 and Section 4.11 of the City Charter, City Commission Investigation Proceeding Related to the City’s Existing Consumptive Use Permits Issued by St. Johns River Water Management District and the Multi-Phase Expansion of the City’s Reclaimed Augmentation Plant at Lake Jesup and Related Distribution System. Mr. Marc Jones, Esquire was present representing the following subpoenaed individuals: • Mr. Kip Lockuff, Former Public Works and Utilities Director (not present) • Former Commissioner Rick Brown (not present) • Former Commissioner Jean Hovey (not present) • Former Commissioner Joanne Krebs (not present) • Former Mayor Charles Lacey (not present) • Former Commissioner Cade Resnick (not present) Mr. Darren Elkind, Esquire was present representing the following subpoenaed individuals: • Mr. Brian Fields, Former Community Development Director (present) • Mr. Kevin Smith, Former City Manager (present) Mr. Smith and Mr. Fields were sworn in by the City Clerk and provided testimony to the Commission. "MOTION TO APPROVE TAKING NO ACTION ON THE SEPTEMBER 20, 2021 LETTER SUBMITTED BY MR. JONES, AND TO REVISIT THIS WHEN THE NEXT SET OF WITNESSES COME IN, AND TAKE ACTION AT THAT TIME." MOTION BY COMMISSIONERCANNON. SECONDED BY COMMISSIONER HALE. DISCUSSION. VOTE: BENTON (AYE); CANNON (AYE); JOHNSON (AYE); HALE (AYE); ELLIOTT (AYE) MOTION CARRIED 5-0. Discussion followed on next steps and Attorney Garganese agreed to communicate with CPH’s representatives to set up a mutually agreeable time for their testimony to be heard. PUBLIC INPUT Mr. Paul Partyka, 404 Park Lake Drive, Winter Springs wondered why the process was initiated this way, thought a workshop would have been more effective and thought the subpoenas should be retracted. Mr. Geoff Kendrick, 1184 Trotwood Blvd, Winter Springs reiterated Mayor Partyka's comments, thought the Commission was abusing its power, and suggested hiring 165 CITY COMMISSION MINUTES | SPECIAL MEETING | MONDAY, S EPTEMBER 20 , 2021 | PAGE 4 OF 4 an independent agency to review. Mr. Kendrick also asked why Commissioner Cannon was not subpoenaed. Ms. Gina Shafer, Winter Springs Village, Winter Springs thanked the Commission for addressing water problems and noted appreciation for holding these discussions in the sunshine. Ms Shafer also thought public input should have been heard in the beginning. Mr. Art Gallo, 199 Nandina Terrace, Winter Springs spoke about sunshine requirements and noted he would reserve judgments on if subpoenas were right or wrong. Encouraged people to review everything Mr. Ron Ligthart, 1036 Winding Waters Circle, Winter Springs expressed disappointment with Commission, thought the proceedings were a hostile process, thought Kip Lockuff was very smart and qualified and spoke on the importance of appreciating technical expertise. Discussion followed on the importance of holding these conversations in the sunshine and the projects currently underway to address the issues being discussed. ADJOURNMENT Mayor McCann adjourned the meeting at 9:44 PM. RESPECTFULLY SUBMITTED: ____________________________________ CHRISTIAN GOWAN CITY CLERK APPROVED: ____________________________________ MAYOR KEVIN MCCANN NOTE: These Minutes were approved at the _________________, 2021 City Commission Regular Meeting. 166 The following is a transcript prepared by a Court Reporter for the Monday, September 20, 2021 City Commission Special Meeting 167 1 1 CITY COMMISSION MEETING 2 SPECIAL MEETING 3 4 5 REGULAR AGENDA ITEM NO. 500 6 CITY OF WINTER SPRINGS, FLORIDA 7 INVESTIGATION PURSUANT TO CITY CHARTER 8 SECTION 4.11 AND RESOLUTION 2021-09 9 ________________________________/ 10 TRANSCRIPT OF PROCEEDINGS 11 12 DATE TAKEN: MONDAY, SEPTEMBER 20, 2021 168 13 TIME: 6:29 P.M. - 8:16 P.M. 14 PLACE: CITY OF WINTER SPRINGS - CITY HALL 15 1126 East State Road 434 16 Winter Springs, Florida 32708 17 18 REPORTER: CATHERINE M. MORROW 19 20 21 22 23 24 25 169 2 1 THE MAYOR: Evening everyone. I would like 2 to call the September 20, 2021, city commission 3 meeting to order. Christian, conduct the role. 4 CITY CLERK: Commissioner Benton? 5 COMMISSIONER BENTON: Here. 6 CITY CLERK: Deputy Mayor Johnson? 7 DEPUTY MAYOR: Here. 8 CITY CLERK: Commission Cannon? 9 COMMISSIONER CANNON: Here. 10 CITY CLERK: Commissioner Hale? 11 COMMISSIONER HALE: Here. 12 THE CLERK: Commissioner Elliott? 13 COMMISSIONER ELLIOTT: Here. 170 14 THE CLERK: Mayor McCann? 15 THE MAYOR: Here. 16 THE CLERK: Mr. Garganese? 17 CITY ATTORNEY: Here. 18 THE CLERK: Thank you. If we may stand? 19 (A prayer was made by the Deputy Mayor.) 20 THE MAYOR: All right, folks. This is a 21 special meeting of the city commission, which is 22 being held to conduct one specific item of 23 business. On July 12, 2021, the city commission 24 adopted resolution number 2021-09 invoking its 25 investigatory powers under section 4.11 of the city 171 3 1 charter to initiate and conduct a formal 2 investigation into certain business affairs of the 3 city related to the city's consumptive use water 4 permits and Lake Jesup reclaimed water augmentation 5 plan. 6 As a mayor, it is my responsibility to preside 7 over these proceedings at the outset because this 8 is something that, to my knowledge, the city 9 commission has not previously done before. I am 10 going to lay out some supplemental ground rules for 11 tonight's proceeding, after seeking advice from 12 counsel, because I want this evening, most 13 importantly, to be conducted in a fair, clear, and 172 14 orderly manner. 15 Having said that, there are particular ground 16 rules. 17 First, as it relates to decorum, the normal 18 city commission meeting rules of decorum and 19 professionalism will apply to this proceeding as 20 applicable and as expected. 21 Number two, as it relates to the city charter, 22 this proceeding is being conducted under 4.11 as 23 stated of the city charter. For the record that 24 section states, quote, the commission may make 25 investigations into the affairs of the city and the 173 4 1 conduct of any city office or agency for the 2 purpose -- may subpoena witnesses, may administer 3 oaths, take testimony and require the production of 4 evidence. Any person who fails or refuses to obey 5 a lawful order issued in exercise of these powers 6 by the commission shall be guilty of a misdemeanor 7 and punishable by a fine of not more than $500 or 8 by imprisonment for not more than 60 days or both, 9 unquote. 10 In other words, this investigation is being 11 conducted solely at the direction of the city 12 commission and no one else. Again, my role as 13 mayor is to preside over these proceedings while I 174 14 ask questions and seek clarification during these 15 proceedings. My primary purpose is to keep the 16 proceeding moving in a fair, clear, and orderly 17 manner. 18 Number three, as it relates to the scope of 19 the investigation, to summarize the resolution 20 adopted by the city commission, the commission sets 21 forth some extraordinary challenges the city has 22 recently faced regarding potable and reclaimed 23 water systems. 24 The scope of the investigation in tonight's 25 proceedings are related to the provision for 175 5 1 potable and reclaimed water and limited only to the 2 following three matters of interest. 3 The three matters of interest that we are 4 addressing this evening are first, to identify and 5 explain the factual projections, supporting data, 6 and analysis that were prepared by the city related 7 to obtaining the city's current two consumptive use 8 permits from St. Johns water management district, 9 one for ground water and potable use; that's permit 10 number 8238, and permit number two, or the second 11 permit, for surface water and for irrigation. That 12 is permit number 105763. 13 Second, is to identify -- second purpose here 176 14 is to identify and explain the factual history 15 behind the design, permitting, construction, 16 operation, and management of the Lake Jesup 17 Reclaimed Water Augmentation Plant as well as the 18 current condition and feasibility of using that 19 plant for future use. 20 And the third purpose is to identify and 21 explain the factual history behind the reasons why 22 the city didn't complete the multiphase expansion 23 of the city's reclaimed distribution facilities as 24 identified in the study prepared by CPH engineers, 25 dated September 20, 2005. Ironically, that makes 177 6 1 it exactly 16 years ago today. 2 The fourth guiding principal this evening -- 3 the purpose of this meeting is to receive testimony 4 from the witnesses subpoenaed by the city 5 commission. The questioning by the city 6 commission, and the testimony provided by the 7 witnesses shall be specifically limited to the 8 scope of the investigation expressed by the 9 resolution, which I just summarized. 10 In other words, questions and testimony is 11 required to be germane and relevant to the scope of 12 the investigation. Outside opinions or other input 13 is not welcome. We are after facts, and I will 178 14 vigorously defend that. We will stay on topic from 15 all involved in the room. 16 The fifth, testimony under oath pursuant to 17 section 4.11 of the city charter. Witnesses who 18 testify to the matter of facts at tonight's 19 proceedings will give such testimony under oath or 20 affirmation. The city clerk will swear in 21 witnesses. 22 Sixth, as to transcript of testimony, court 23 reporter services were obtained by the city for 24 tonight's proceedings to make an accurate record of 25 the proceeding. All witnesses and their counsel at 179 7 1 their expense may obtain the transcript of the 2 proceedings through the city clerk's office. 3 Number seven, important right to counsel. 4 During this proceeding, everyone should understand 5 that it is a fundamental principal of law that 6 every witness has a right to counsel. The 7 participation of counsel during the course of the 8 hearing and while the witness is testifying shall 9 be limited to advising said witness as to his or 10 her legal rights. 11 However, counsel may not state objections -- 12 excuse me -- counsel may state objections on behalf 13 of his or her client, but counsel will not 180 14 otherwise be permitted to engage in argument with 15 the city commission. Advise your client you are 16 here for them, not us. 17 Number eight, privilege against self 18 incrimination. During the questioning of any 19 witness, everyone should understand that. 20 It is a fundamental principal of law that 21 every witness may invoke his or her right against 22 self incrimination as provided by law. 23 Nine, enforcement. Pursuant to section 4.11 24 of the city charter, the city commission reserves 25 the right that any subpoenaed witness who has not 181 8 1 complied with the subpoena, he or she refuses to be 2 sworn or to testify or answer proper questions by 3 the city commission and any of its members through 4 the scope of investigation, in such case, any 5 decision by the city commission to enforce the 6 subpoena against any witness may be taken up at a 7 later date, if it is deemed necessary by the city 8 commission. 9 Ten, questioning witnesses. Each of the five 10 members of the city commission will be afforded an 11 opportunity to question each witness when the 12 witness is sworn and ready to testify and will call 13 on each commissioner who will question the witness 182 14 one at a time. 15 Please do not interrupt another commissioner 16 when it is their turn to ask questions. For the 17 sake of time please try to refrain from asking 18 repetitive questions that have already been 19 answered. Once each commissioner has had an 20 opportunity to question the witness, I will ask the 21 city commission whether any of its members has any 22 additional followup questions until the questioning 23 has been concluded. 24 When the witness is finished responding to the 25 questions, the witness is excused from the 183 9 1 proceeding. Please remember we must keep this 2 proceeding moving. Questions will be, again, 3 germane and relevant to the scope of the 4 investigation. Commissioners will refrain from 5 being argumentive with any of the witnesses and 6 their counsel. 7 Number eleven, all important public input. 8 Respect the time of the witnesses and their counsel 9 here this evening. We will not have public input 10 until all the witnesses have had the opportunity to 11 testify. We will proceed directly to call 12 witnesses. 13 Public input will occur at the end of the 184 14 testimony, if the commission determines that time 15 still allows. I suspect we will make that time. 16 Number twelve, and in closing here, order of 17 witnesses. Eleven witnesses were issued subpoenas 18 and all witnesses were served by process server 19 except for former Commissioner Brown. 20 Despite numerous attempts, the process server 21 was unable to serve the subpoena upon Mr. Brown. 22 Mr. Brown will be rescheduled at a later date and a 23 new subpoena issued to Mr. Brown. In furtherance 24 of the previous direction of the city commission, 25 copies of the certificate of service have been 185 10 1 provided to the city clerk and are entered into the 2 record. 3 CPH Engineering, witnesses David Gierach and 4 Terry Zaudtke, are represented by Attorney Frank 5 Hamner. Mr. Hamner provided a letter to the city 6 attorney, dated September 15th of this year. And 7 due to a previous client matter out of town, 8 Mr. Hamner was not able to make tonight's 9 proceeding, and he requested that his clients' 10 testimony be rescheduled so he can attend the 11 proceedings. 12 Therefore, the testimony of David Gierach and 13 Terry Zaudtke will be rescheduled to a later date. 186 14 As for the remaining witnesses that have been 15 served, we will proceed with the witnesses in the 16 following order. First will be Mr. Kip Lockuff, 17 former public works and utilities director. Second 18 will be Mr. Kevin Smith, the former city manager. 19 Third, will be Mr. Brian Fields, former community 20 development director, followed by Mr. Charles 21 Lacey, the former mayor; Mr. Ken Greenberg, former 22 commissioner; Mrs. Jean Hovey, former commissioner; 23 Mr. Joanne Krebs, former commissioner; Mr. Cade 24 Resnick, former commissioner. 25 I am requesting consensus of the city 187 11 1 commission as to the procedures I outlined, 2 therefore, unless there are any objections by the 3 city commission, I would like to call Mr. Kip 4 Lockuff to appear and be sworn to testify. 5 COMMISSIONER CANNON: Mayor, I think in 6 fairness to every witness, they should have the 7 opportunity to be cross examined by their attorney, 8 which will provide any additional information after 9 we finish questioning the witnesses. 10 THE MAYOR: I understand the sense of 11 fairness. I am very concerned about time 12 management, and I am also concerned about deviating 13 away from facts, having folks come -- we are simply 188 14 here to gather facts. We are not here to hear 15 speeches, whether it be from this dais, from an 16 attorney, or from someone putting on a show. 17 I am very concerned about the people 18 intentionally or unintentionally eating up time so 19 that this entire proceeding is basically 20 ineffective. Because we can have one person sit 21 here and tie up the entire proceeding and stop any 22 valuable work from being done. 23 I would be willing to do that as long as there 24 are limitations. I will use this gavel. If the 25 questioning or answers are not pertinent to the 189 12 1 facts, I will interrupt you. We will not be going 2 on long tirades for any other motivation, whether 3 it be motivation to stop time, motivation to 4 posture, motivation to earn attorney's fees, 5 whatever that is. We will keep it moving forward. 6 I will be very aggressive. I suspect at the 7 end of the evening I may not have friends. I may 8 irritate folks on both sides of this microphone. 9 We have got to keep this moving forward. 10 COMMISSIONER CANNON: My concern is the rule 11 of completeness and fairness to a witness, so they 12 at least are given an opportunity, if they or their 13 attorney feel as though there was an additional 190 14 fact or something presented, and we haven't the 15 most accurate picture. 16 I don't know if that will or will not arise, 17 but I do not want to close that door by the 18 procedures we are adopting now. 19 THE MAYOR: I believe that sounds reasonable. 20 I am willing to afford that as long as things move 21 along. Again, I will be very liberal with the use 22 of a gavel and interruptions. And I expect all in 23 attendance to abide by those basic rules. 24 COMMISSIONER CANNON: I make a motion that we 25 adopt the procedures as set forth by the Mayor. 191 13 1 THE MAYOR: The motion is made by Commissioner 2 Cannon and seconded by Deputy Mayor Ted Johnson. 3 Christian? 4 THE CLERK: Commissioner Benton? 5 COMMISSIONER BENTON: Aye. 6 THE CLERK: Commissioner Cannon? 7 COMMISSIONER CANNON: Aye. 8 THE CLERK: Deputy Mayor Johnson? 9 DEPUTY MAYOR: Aye. 10 THE CLERK: Commissioner Hale? 11 COMMISSIONER HALE: Aye. 12 THE CLERK: Commissioner Elliot? 13 COMMISSIONER ELLIOTT: Aye. 192 14 THE CLERK: Mr. Mayor? 15 THE MAYOR: Aye. 16 THE CLERK: Thank you. 17 THE MAYOR: Mr. Kip Lockuff, former public 18 works and utilities director. If Christian will -- 19 MR. JONES: I am not Mr. Lockuff. My name is 20 Mark Jones. I am an attorney representing a number 21 of individuals. 22 MR. MAYOR: I'm going to let you have your 23 time tonight, I promise you. 24 MR. JONES: I represent a number of 25 individuals here tonight: Mr. Lockuff, former 193 14 1 public works and utilities director; former Mayor 2 Charles Lacey; former commissioner Rick Brown, 3 former commissioner Ken Greenberg; former 4 commissioner Jean Hovey; former commissioner Joanne 5 Krebs; and former commissioner Cade Resnick. 6 I have a prepared statement that covers all of 7 my clients as to why they are not going to be in 8 attendance tonight. I want to make sure that makes 9 its way into the record. So if it is okay, I am 10 going to approach the clerk to put that into the 11 record. 12 The reason they are not hear today needs to be 13 in the record, so we need to put it into the 194 14 record. 15 THE MAYOR: And I would like to remind 16 everyone, again, we are here simply to ask 17 questions on facts. That is all we are here for. 18 MR. JONES: I appreciate that. There is a 19 letter in the record explaining why CPH is not 20 here. I am going to put in the record why my 21 clients aren't here. 22 I have a copy for every commissioner. I would 23 like to read it into the record. If the Mayor is 24 telling me I am not going to be given that 25 opportunity, I'll sit down. 195 15 1 THE MAYOR: That looks to be a very thick 2 document. 3 MR. JONES: Let me continue. This is a 4 statement of why my clients are not appearing. In 5 addition, it is a written response from 6 Mr. Lockuff. 7 Through a public records request we were able 8 to obtain questions that were proposed to be asked. 9 He answered those questions in written form for the 10 commission. There is a written response in this 11 packet. This is not just me doing a drive-by in 12 front of the commission. 13 THE MAYOR: You can submit. At that point you 196 14 are not under subpoena. Your clients are under 15 subpoena. It is duly noted that those individuals 16 are not present; that their attorney is here. You 17 can leave that for the record. 18 COMMISSIONER CANNON: I know I would like a 19 copy, for the record. 20 MR. JONES: May I approach? 21 THE MAYOR: Yes, thank you. 22 COMMISSIONER CANNON - I do have one question, 23 Mayor. The city attorney may want to ask this 24 question. Mr. Jones has instructed all of his 25 clients not to appear today and to honor the 197 16 1 subpoena. 2 MR. JONES: I believe Mr. Cannon is aware of 3 the attorney-client privilege in that matter. I 4 advised my client not to show up today. 5 COMMISSIONER CANNON: That is all I want to 6 know. I want to reiterate what the mayor said. My 7 desire in these proceedings is to find out what 8 happened, why it happened, and if we can prevent it 9 from happening again. 10 THE MAYOR: I am not looking to point fingers, 11 blame or anything like that. It's just that we 12 have got a big chunk of change spent on a facility 13 that is taxpayer dollars. I am really concerned 198 14 why that happened. Under my watch, I just don't 15 want it to happen again. That was the purpose of 16 my line of questioning. 17 Okay. Mr. Kevin Smith, the former city 18 manager, if you would please come forward? 19 MR. ELKIND: Mr. Mayor, if I may have a 20 moment, briefly? My name is Darren Elkind. My 21 professional address is 142 East New York Avenue. 22 I represent both Mr. Smith and Brian Fields. 23 They are here in accordance with the subpoena 24 with which they were served. I am not going to 25 make any speeches. I just want to make it very 199 17 1 clear for you. I sent a letter, I am sure you all 2 have it, with our concerns over the nature of these 3 proceedings, which are very unusual based on 4 25 years of experience and representing the local 5 government. 6 For that reason, they are the consummate 7 professionals. They want you to have a clear 8 understanding of the questions or the issues about 9 which you have questions. They have prepared -- I 10 was able to receive written questions today. 11 They have quickly put aside their other work 12 duties today to get detailed answers to the 13 questions. I will tell you Mr. Smith has a lot 200 14 more information than Mr. Fields does in regard to 15 questions received. 16 THE MAYOR: Stay on topic. 17 THE WITNESS: What we will do, on my advice, 18 is we have those written answers. I have extra 19 copies for everybody. We will put it in the 20 record, and they will be happy to take an oath and 21 affirm these answers are true and correct, to the 22 best of their knowledge. 23 We will give them to you for the record. 24 We'll give you a moment or two to read them. If 25 you have additional questions, they will be happy 201 18 1 to respond to those. 2 THE MAYOR: It is your position you would like 3 to read the questions, then your clients will take 4 followup questions? 5 MR. ELKIND: Yes. When collegial bodies take 6 part in investigations they are usually in 7 agreement on the manner in which questions are 8 enforced. 9 These folks walked down here to city hall. 10 Somebody called them and said hey, we have 11 questions. We want to know about these things. So 12 I have some grave concerns, maybe they will not 13 come to fruition and maybe my concerns will be for 202 14 not. 15 That is the way I have instructed them. And 16 they will comply with the terms of the subpoena and 17 provide that testimony in writing. 18 THE MAYOR: It is my understanding, and I will 19 look to the city attorney, in response to your 20 email, that your clients were subpoenaed to come 21 and answer questions and that in nowhere did it say 22 that other than you asked as a courtesy you be 23 provided questions in advance, that you would be 24 actually answering those questions; that we would 25 have the opportunity to have them simply -- now if 203 19 1 they want to read those questions, and if they want 2 to read their answers from the questions that we 3 gave them, and they may want to read what they 4 wrote, I think that may be appropriate. 5 MR. ELKIND: I think that is fine. The point 6 I will make clear, and I will instruct my clients 7 not to answer verbal questions from the dais. That 8 is just the rule. We are here -- let me just 9 answer now -- we are here to answer questions and 10 provide you with information. 11 I will point out that nobody else is here 12 other than my two clients. They are professionals. 13 They are here to provide information. I don't want 204 14 to digress, Mayor. It is unheard of to have an 15 investigation and serve former employees with a 16 subpoena to ask them about the work they did in 17 your employ. 18 THE MAYOR: I would argue that although that 19 is, in fact, very unique and very rare, it is also 20 very rare that a municipality accepts federal and 21 state and taxpayer funds, to the tune of $3.5 22 million dollars, and we have no idea what has 23 happened. 24 At the same time -- and that is, again, we are 25 sticking with the three points that we were 205 20 1 attempting to answer. 2 I respect these two gentleman, I do. They 3 worked for the city for many, many years and 4 provided the city great service in many, many ways. 5 I simply -- again, these commissioners have voted 6 and asked to be able to ask questions. I would ask 7 Mr. Garganese, that does not, to me, appear to 8 follow the subpoena as it is written and the 9 investigation as the commissioners have voted for. 10 And so in my role as presiding over this 11 does -- this doesn't appear to me to meet the 12 order. 13 CITY ATTORNEY: The city charter authorizes 206 14 the city commissioner to conduct investigations and 15 subpoenas. In furtherance of that subpoena, the 16 charter doesn't limit it just to written questions, 17 written answers. There is no limitation on the 18 subpoena. 19 The commission issued the subpoena to testify. 20 The clients are here. I am not sure if they will 21 testify other than to provide answers, written 22 answers to written questions that were preliminary 23 questions that were provided by some of the 24 commissioners in advance of this meeting. 25 I don't know if they will answer questions. 207 21 1 But I am hearing, at least, their witnesses will 2 come in and be sworn. They will be able to 3 regurgitate questions they were provided in advance 4 of this meeting and provide a response verbally to 5 those questions. Whether they go any further, I 6 guess, it is up to Mr. Elkind's advice to his 7 client. 8 The subpoena powers of the commission do not 9 limit the city commissions subpoena powers to 10 providing written questions and to getting written 11 answers. 12 MR. MAYOR: Thank you. I appreciate that. 13 MR. ELKIND: May I make a suggestion? 208 14 THE MAYOR: Yeah. 15 MR. ELKIND: As you pointed out, your time is 16 valuable. Their time is valuable. If I may 17 suggest? They really are here to answer questions. 18 We are concerned when you say we took $3.5 million 19 in loans. 20 Again, we don't know what happened. We are 21 concerned when somebody says something like that. 22 So here is what we are willing to do. They will 23 read the question or I can read the question. And 24 they will be happy to read their answers to you. 25 If any of you have any additional questions 209 22 1 once we get to that, then by all means jot them 2 down. They are here to provide answers. From a 3 timing perspective, if you can't get to it tonight 4 or don't want to, these gentleman will be happy to 5 provide you answers, provide that information to 6 you in the future. 7 The other folks who didn't show up tonight 8 apparently are going to do it in the future. So 9 why don't we move it along. 10 THE MAYOR: We are in agreement to start with. 11 For clarification, I have never and did not 12 insinuate nor would ever accuse these two gentleman 13 who served our city of taking that money in any 210 14 way. I did not say that, and I want to make sure 15 it is on the record that I am not accusing these 16 two professionals of taking money. 17 All we are simply trying to do is find out 18 what has gone on with the plan, that's it. I am 19 not accusing these two gentleman that served our 20 city. 21 So let's swear them in. Mr. Elkind, you and 22 your client are free to take a seat over there. 23 MR. ELKIND: Madam Clerk, I have taken the 24 liberty of making copies, if you want them? 25 THE MAYOR: And Mr. Smith, if you would stand 211 23 1 to be sworn in? Thank you. 2 (Party Sworn) 3 MR. SMITH: I do. 4 THE CLERK: Thank you. 5 MR. ELKIND: May I approach? 6 THE MAYOR: Read the questions. Read your 7 answers. 8 MR. ELKIND: May we proceed, Mayor? 9 THE MAYOR: One moment, please. 10 MR. ELKIND: The first question is, why did 11 the $3.5 Lake Jesup reuse plant not work? 12 MR. SMITH: First, a few things to note I 13 think important to this body. The Lake Jesup plant 212 14 was a treatment plant for water augmentation 15 purposes, in distinguishing that between 16 augmentation and reuse. But for purposes I will 17 address later, the Lake Jesup plant is referring to 18 this plant over here. 19 I am not trying to be silly. The plant on 20 Lake Jesup, just for your edification, didn't cost 21 $3.5 million. It was part of a two-prong project. 22 So it roughly cost somewhere in the neighborhood of 23 half of that. 24 The first part was the Lake Jesup plant. The 25 other is the Oak Forest Pumping and Storage 213 24 1 Facility, which is located just north of the spray 2 fields. It was probably, again, half that cost, 3 give or take a few hundred thousand dollars. 4 Again, I do not have the exact numbers. 5 As far as the plant functioning, certainly I 6 was privy to some conversations about its 7 viability, plant functions about its viable, and 8 whether or not it was working properly. 9 But based on my research and my conversations 10 with professional engineers, who were consulted for 11 us, and our public use and utility director, the 12 plant did, in fact, work for the purpose it was 13 intended to do. 214 14 The second question is, why was the $3.5 15 million Lake Jesup Reuse Plant not used? 16 It was used. The up force facility, 17 particularly provided $3.5 gallons of storage for 18 the reuse and significant overall improvements for 19 the city's reuse system. 20 If I may, it was quite an impressive feat. I 21 am real proud of the work we did there. It 22 basically helped move the reuse from the west waste 23 Florida plant to the homes on the east side of 24 town, significantly improving the pressure and 25 reliability of the overall system. The Lake Jesup 215 25 1 facility provided irrigation to the center of the 2 park. And at the time, the distribution lines 3 phase of this project had not yet begun. 4 Number three was, when did you know there was 5 problems with the $3.5 million Lake Jesup plant? 6 My opinion is the plant did not have problems, 7 other than some minor clogging issues with the 8 intake lines due to the water quality in Lake 9 Jesup. Those concerns were addressed. 10 And number four, when did you learn of the 11 above? 12 I am not aware of any problems, other than the 13 intake discussed above and do not recall the dates. 216 14 What actions did you take to address the $3.5 15 million plant? My opinion is it is not a failure 16 of the plant. 17 Moving onto number six, are you aware of or 18 have you ever read the reclaimed water augmentation 19 study dated 9/20/05? If not, were you aware it 20 existed? If yes, do you remember if there were any 21 attempts on your behalf to determine if the 22 timeline was being followed in relation to 23 reclaimed water? 24 Yes, I am aware of the study. I have read 25 some of it. Due to several factors it was decided 217 26 1 that the city wouldn't move forward with 2 implementation of the residential lines. These 3 factors included the following. The current and 4 difficult physical conditions we were under; the 5 water augmentation study dated 9/20 was issued when 6 the economy was doing well and we were in the midst 7 of a so-called building boom. 8 By the time we got to the construction of the 9 Lake Jesup intake plant the economy was in a 10 recession and development had slowed significantly. 11 The city already owed approximately $50 million in 12 overall debt when I came aboard. And the expansion 13 of the reclaimed distribution system would have 218 14 cost an additional $14 million. That much money at 15 the time would not have been a prudent course of 16 action. 17 It could be argued that we did not have the 18 money for the $3.5 million project due to several 19 things, including a $1.2 million, to the best of my 20 memory, grant from the Water Management District 21 and utilization of state revolving fund loan 22 proceeds, which included favorable terms, 23 conditions, and rates. 24 We were able to build a project with fiscal 25 prudence. Senior city staff brought in agenda 219 27 1 items to the city commission in 2011 outlining the 2 fiscal situation and explaining the manner in which 3 the Lake Jesup plant would be funded. 4 MR. ELKIND: Mr. Mayor, if you would like I 5 have a copy of it. 6 THE MAYOR: I have a copy. 7 MR. ELKIND: 2011? 8 THE MAYOR: I have the reclaimed water 9 augmentation study and the June 2017 -- 10 MR. ELKIND: This is the evidence -- what 11 Mr. Smith is referring to in his testimony is a 12 city commission -- it outlines the numbers very 13 clearly. So this is helpful to the understanding 220 14 of the financial aspect of this. You said you 15 didn't know what happened. May I approach? 16 THE MAYOR: Yes, please. 17 MR. SMITH: Would you like me to continue? 18 THE MAYOR: Yes. 19 MR. SMITH: Under the question of the water 20 augmentation study of 2005, the purpose of the Lake 21 Jesup plant was not primarily to provide additional 22 irrigation water, but rather to decrease the amount 23 of ground water being pumped in from the aquifer 24 and to offset it with water from Lake Jesup. 25 Significant debt to expand the reclaimed 221 28 1 system was not warranted because we had instituted 2 significant conservation measures. For example, we 3 created the new water conservation coordinator 4 position. We instituted a heavy consumer education 5 effort -- I apologize -- and so on and so forth. 6 Those efforts proved not only to be a success, but 7 enormously so. 8 If you reference the chart below in the 9 2011/2012 time frame when we were constructing the 10 plant up through 2019, you could see we were 11 significantly, at the time, below our allotted CUP. 12 And even though we hadn't expanded the Lake Jesup 13 system, the distribution lines into residential 222 14 areas, the amount of head room, if you will, that 15 we had below our maximum CUP was very significant. 16 We attribute those, at the time, directly to 17 our water conservation efforts. CPH later did the 18 same in their 2017 water quality report that was 19 sent to the Central Florida Water Initiative. I 20 hope I am saying that correctly. 21 In 2014, we were approximately 30 percent 22 below the CUP in that year alone. Drop in usage 23 deferred both the short-term need for expansion of 24 the line and arguably the long-term need to expand 25 the system. Attention should be paid to the 223 29 1 ongoing conservation efforts being undertaken by 2 the city. 3 Moving onto number seven. During your 4 discussions pertaining to the proposed development 5 project, during your tenure was the consumptive use 6 permit or reclaimed water ever discussed or brought 7 to your attention? 8 Yes, of course. All new development has to 9 demonstrate there is sufficient water available to 10 serve the project. This concept is referred to as 11 concurrent use, which I am sure you all know. I am 12 not an expert as a city manager. I am not 13 personally involved in discussions or individual 224 14 development projects. 15 Number eight. During your tenure, what 16 department and specifically what individuals were 17 you dependent upon to inform you of any issues 18 related to development projects as they pertain to 19 the consumptive use permit or to reclaimed water? 20 Utilities Public Works Department. 21 Number nine. What, if any, was your 22 involvement with the $3.5 million Lake Jesup 23 Surface Water Plant? If none, were you aware that 24 the facility existed? Have you ever visited the 25 Lake Jesup Surface Water Plant? 225 30 1 My role was city manager, oversight and 2 strategy relative to funding of the project. Yes, 3 I have visited the plant. Again, the Lake Jesup 4 plant was only part of $3.5 million project. The 5 pumping and storage facility was the other element 6 of the project, which together with the Lake Jesup 7 plant caused a net total, after grants, of 8 approximately $3.5 million. 9 Number ten. Did you ever make inquiries or 10 take any action to determine why the $3.5 million 11 Lake Jesup Surface Water Plant did not work? 12 No professional engineer or other 13 appropriately qualified personnel ever advised me, 226 14 personally, that the plant did not. It is my 15 belief and understanding that the plant did work. 16 There were adjustments that needed to be made with 17 the intake system but otherwise the plant worked. 18 Same correction on project cost. Again, just 19 to remind that it is not a $3.5 million loan for 20 Lake Jesup. 21 Number eleven. Do you know who is responsible 22 for the design of the $3.5 million Lake Jesup 23 Surface Water Plant? CPH Engineers designed the 24 project. I do know that there were different 25 contractors for the Lake Jesup portion and the Oak 227 31 1 Forest portion, to the best of my recollection. 2 Same direction on project cost as above. 3 Number twelve. Had you known of the serious 4 issues on the $3.5 Lake Jesup Water Plant, what 5 actions would you have taken? 6 The premise of the question does not reflect 7 the actual facts, in my opinion. However, if there 8 were any pertinent problems during my tenure, I 9 would have done my best to address them. And same 10 correction on the cost as noted above. 11 Mayor, that is what I have. I hope I didn't 12 read that too fast. It is a little awkward. 13 THE MAYOR: I will open up the questioning, 228 14 starting with my left. Commissioner Hale, do you 15 have questions? 16 Would you like to pass for a moment and come 17 back? 18 COMMISSIONER HALE: I'll pass for a moment. 19 THE MAYOR: Commissioner Benton? 20 MR. ELKIND: Mr. Mayor, we are truly not 21 trying to be difficult. I have done this for a 22 long time. I have grave concerns about the 23 process. 24 But if folks have questions that they want to 25 get an answer to, ask the question. If it is not, 229 32 1 in my opinion, appropriate, I will just tell him 2 not to answer it, which I am entitled to do. 3 THE MAYOR: I fully respect that. That is 4 what counsel is here for. I completely understand 5 your point. I am giving in the moment. We value 6 your time. We understand. I am simply asking if 7 they have questions. I am trying to do it in an 8 orderly fashion. 9 Commissioner Benton, do you have a question? 10 I want to make sure Commissioner Benton gets a copy 11 of this for reference. Our memories aren't that 12 long. 13 MR. SMITH: Nor is mine. 230 14 MR. ELKIND: If we can ensure that the city 15 clerk has a copy? 16 THE MAYOR: I am in my Monday June 12, 2017, 17 commission meeting minutes. For the record, I am 18 also holding the commission agenda from June 12, 19 2017, okay? Commissioner Benton? 20 COMMISSIONER BENTON: I have one question for 21 you? 22 MR. SMITH: Yes, sir. 23 COMMISSIONER BENTON: Page 1, item 3001. 24 MR. SMITH: Yes? 25 COMMISSIONER BENTON: Where it says the city 231 33 1 is well positioned over the 20-year planning period 2 to meet our water supply needs and following that 3 it is highlighted? 4 MR. SMITH: Yes? 5 COMMISSIONER BENTON: It also includes the 6 statement that the investment -- includes 7 allocation reduction due to the previous investment 8 in reclaimed water system, including augmenting the 9 reclaimed water system from Lake Jesup. 10 He says, our designated alternative water 11 supply. He also says staff is comfortable staying 12 below the consumptive use permit of 1.5/1.4 billion 13 gallons of potable water for a year through 2029 as 232 14 manageable using available resources, such as the 15 Lake Jesup Reclaimed Water Plant, reclaimed 16 augmentation, irrigation and audits, etc. 17 My question is how were these things, 18 including the augmentation plant, put on the agenda 19 for commissioners to include on the consent agenda? 20 Why was the augmentation plant included? Was there 21 any evidence that the plant had produced water that 22 was useable for the purposes of irrigation? Yes? 23 No? Do you understand the question? 24 MR. SMITH: Can I -- I am not trying to be 25 obstructive. In the end you asked yes or no. Did 233 34 1 you have any evidence that the plant produced water 2 that could be used for irrigation? 3 MR. BENTON: Correct, because that is what was 4 put on the agenda. 5 MR. SMITH: Yes, I did. 6 MR. BENTON: Thank you. Do you want to 7 elaborate or is it too far back to remember? 8 MR. SMITH: I am told I can't. Yes, I would 9 like to. 10 THE MAYOR: Commissioner Cannon? 11 COMMISSIONER CANNON: Pass. 12 THE MAYOR: I will circle back. Deputy Mayor? 13 DEPUTY MAYOR: Mr. Smith, I think on the table 234 14 you should have the copy of the CDM Smith Engineers 15 system evaluation? 16 MR. SMITH: Yes. 17 DEPUTY MAYOR: And you had made reference 18 that, to your knowledge, the plant was functioning. 19 In that report -- I apologize. I do see Page 5 20 addresses automatic -- well, in this report they 21 reviewed the data used for the startup and 22 commencement of the plant in 2013. 23 And also in the report it revealed by analysis 24 of the data that the plant never produced water 25 that was suitable to meet the specifications that 235 35 1 it was designed to produce. Then, as we understand 2 it, the plant shut down after four months of 3 operation. From the very beginning it was, for 4 lack of a better term, fired up, if you will. And 5 then it ran four months and then it stopped. 6 Apparently, it had a sketchy history of 7 operation since then. This report was conducted in 8 2018. I believe you were still the city manager at 9 that time? 10 MR. SMITH: Correct. 11 DEPUTY MAYOR: That kind of leads -- is a 12 segway to the June 17th regular commission meeting 13 where the city water plan was presented. And also 236 14 couched within the city water plan from June 17th 15 is reference to the Lake Jesup Augmentation Plant 16 being a -- the component of -- being utilized to -- 17 it is one of the key pieces, if you will, to the 18 puzzle of our CUP situation that we face now. 19 My question to you is, were you aware of this 20 report when it was produced in June of 2018? 21 MR. SMITH: I was aware that the report was 22 solicited. But I actually never saw the report 23 once it was completed. But I was aware that the 24 new utilities and public works director, at the 25 time, wanted to pursue a company that she was 237 36 1 familiar with as opposed to a company she had not 2 worked with before. So I wanted to let her pave 3 her own path, if you will. I was aware she 4 commissioned the report. 5 DEPUTY MAYOR: So you did not read this 6 report? 7 MR. SMITH: Not until this afternoon when I 8 got here. 9 THE MAYOR: Commissioner Elliott? 10 COMMISSIONER ELLIOTT: Just a couple of quick 11 questions because a lot of the questions you read 12 were questions I posed so I got my answers. 13 So you were hired on in November of 2005, 238 14 correct? 15 MR. SMITH: Correct. 16 COMMISSIONER ELLIOTT: And you either retired 17 or resigned April 2019, correct? 18 MR. SMITH: I am sorry. I was hired in 19 November 2005, but not as the city manager. 20 And then your second part commissioner? I 21 didn't hear you? 22 COMMISSIONER ELLIOTT: And then resigned as 23 city manager in April 2019, correct? 24 MR. SMITH: That's correct. 25 COMMISSIONER ELLIOTT: Were you ever aware of 239 37 1 any repairs that were done at the augmentation 2 facility during your tenure? 3 MR. SMITH: Repairs? I was aware they were 4 working on the intake filtering system to get it -- 5 I'm not an engineer. I don't even play one. I am 6 not even good at it. But I was aware that they 7 were trying to dial in, if you will, if that makes 8 any sense, the intake valve for the filtration 9 system on the plant. 10 COMMISSIONER ELLIOTT: And were you aware that 11 at any time steps were taken to bypass certain 12 processes at the facility that may or may not have 13 been permissible? 240 14 MR. SMITH: No. 15 COMMISSIONER ELLIOTT: That is all I have. 16 MR. MAYOR: Commissioner Hale? 17 COMMISSIONER HALE: I believe that the 18 questions that were submitted were part of my 19 questions. I thank you for being here. 20 THE MAYOR: And back to Commissioner Cannon? 21 COMMISSIONER CANNON: Kevin, I have a couple 22 of questions. Basically, while you were the city 23 manager in 2007. The city obtained a consumptive 24 use permit for this Lake Jesup Water Augmentation 25 Plant, which contemplated pulling water out of Lake 241 38 1 Jesup and also possibly pull some additional water 2 out of an artesian well. Do you remember that? 3 MR. SMITH: I wasn't the manager in 2007. 4 COMMISSIONER CANNON: In 2011, you were the 5 city manager, right? 6 MR. SMITH: Correct. 7 COMMISSIONER CANNON: And in order to borrow 8 the money from the state revolving fund, your 9 office brought to the commission for adoption 10 resolution 2011-18? Do you remember that? 11 MR. SMITH: No. 12 MR. ELKIND: Is it the one I gave to you? 13 COMMISSIONER CANNON: It should be, I think, 242 14 in the stack. I don't remember exactly. 15 MR. SMITH: I have it. 16 COMMISSIONER CANNON: So that was on May 9, 17 2011, agenda item 202 of the commission? 18 MR. ELKIND: Can the city clerk have a copy? 19 THE MAYOR: Yes. She has got it. 20 MR. ELKIND: You were going to ask -- the 21 normal process is when you are questioning a 22 witness, if you give them a document, give them a 23 minute to read it. 24 COMMISSIONER CANNON: Absolutely. In that 25 stack of papers, the very last thing is the 243 39 1 resolution. I wasn't on the commission yet. But 2 as I understood it, in order to go for the 3 revolving grant funds -- 4 MR. ELKIND: Can you give him just a minute to 5 read it? 6 COMMISSIONER CANNON: Sure. Sure. It is 7 2011. I apologize. 8 MR. ELKIND: Commissioner? 9 COMMISSIONER CANNON: Basically, I am not a 10 city manager. I wasn't even part of the city 11 government back then. But as I understood it, by 12 reading this agenda item 202 from the May 9, 2011, 13 commission meeting, the state learned that it could 244 14 get some grant funds under that state revolving 15 fund. 16 And in order to do that, a resolution had to 17 be passed. And I think had you done that type of a 18 process when you passed a resolution authorizing 19 the application for those state resolving grant 20 funds? 21 MR. ELKIND: Do you understand the question? 22 MR. SMITH: Yes. To my recollection, the only 23 state revolving fund loan application I was part of 24 during my tenure here was this one. I have been 25 part of state revolving fund processes as a finance 245 40 1 director in my past. But here at Winter Springs it 2 was just this one. Does that answer your question? 3 COMMISSIONER CANNON: May 9, 2011, the city, 4 using the documents that are in that agenda item 5 applied for monies out of the state to help defray 6 the cost of building the Lake Jesup and Oak Forest 7 storage tank that you made reference to; is that 8 fair? 9 MR. SMITH: I don't mean to be specific here. 10 These state revolving fund loans are somewhat of a 11 misnomer. It is basically debt. It is not a 12 grant. We are borrowing money. We get our 13 favorable interest rate. You get to capitalize 246 14 interest during a three-year construction period, 15 which that is the way it used to be. I think we 16 may be saying the same thing. 17 COMMISSIONER CANNON: It is a good point. It 18 is the City of Winter Springs taxpayer's debt and 19 dollars going to repay that loan; is that right? 20 MR. SMITH: Again, it is not to bore everybody 21 with a public county lecture or class, but the 22 funds that are used from taxpayer dollars, such as 23 property taxes, go into the general fund for 24 discretionary purposes. 25 So if, for example, we were to raise the 247 41 1 millage rate by 6 mill, we could use any of that 2 money for purposes of just repaying this loan or 3 paying any part of the water and sewer system. So 4 not to be semantic, the rate payors of the system 5 would be responsible to pay that debt. 6 I would say yes to your question and 7 substitute rate payors with taxpayers. 8 COMMISSIONER CANNON: Okay. So the rate 9 payors, they are the residents of Winter Springs, 10 the business owners in Winter Springs, and 11 customers of the water utility. I call them the 12 citizens of Winters Springs. But be that as it 13 may -- 248 14 MR. SMITH: Or the absentee owners from out of 15 state. 16 COMMISSIONER CANNON: They are the ones that 17 ultimately are going to repay this loan. 18 MR. ELKIND: Mayor, we are now -- this is 19 exactly what I was concerned about; that is a 20 statement. It is not a question, sir. If you've 21 got a question and you need some facts, he is going 22 to answer. 23 COMMISSIONER CANNON: So on May 9, 2011, while 24 you were the city manager, the commission adopted a 25 resolution. And in that agenda item 202 packet you 249 42 1 will see, first of all, the St. Johns Water 2 Management CUP, consumptive use permit, for that 3 plant. Do you see that? 4 MR. SMITH: No. 5 COMMISSIONER CANNON: It is about 15 pages in. 6 Permit 105763? 7 MR. SMITH: Okay. 8 COMMISSIONER CANNON: If go to the page 9 immediately following the signature, Kirby Green is 10 the executive director and Wilkin whoever, signed 11 off on it by St. Johns. Go to paragraph 12. It is 12 paragraph 12, and it goes from 2008 year-by-year 13 all the way to 2020. 250 14 It says how many gallons of water, the 15 reclaimed system can pull. And it ranges from 16 87.6 million gallons all of the way up to 813 17 million. Do you see that? 18 MR. ELKIND: Again, you can't skip to one line 19 in the document. You need to take 10 minutes or so 20 and read the document and go through it. If there 21 is a real simple question, we can maybe have him 22 review it and have him come back up. 23 But it's inappropriate to have somebody 24 comment on a document without taking a few months 25 to read the document. This is what I was trying to 251 43 1 get stuff ahead of time. 2 COMMISSION CANNON: Mr. Smith, was it your 3 general understanding as the city manager at the 4 commission meeting May 9, 2011, that the city 5 obligated itself under this reuse consumptive use 6 permit to gradually increase the reuse water that 7 we were going to be distributing throughout the 8 city? 9 MR. SMITH: No. 10 COMMISSIONER CANNON: You didn't understand 11 that? 12 MR. SMITH: No, sir. 13 COMMISSIONER CANNON: Okay. 252 14 MR. SMITH: My understanding is we were 15 applying for a very favorable loan, a very 16 favorable term to help defray the burden that we 17 were placing on the Winter Springs taxpayers? And 18 if I may, I am very proud of what we did here. 19 But, no, that is not my understanding that that was 20 occurring here in this document. 21 MR. ELKIND: I have never seen this document. 22 Just so we are all on the same sheet of music. You 23 are referring to the consumptive use with those 24 numbers, the consumptive use permit issued in 2007, 25 with the projections, whatever they were from the 253 44 1 professionals in 2007? 2 COMMISSIONER CANNON: Right. Yeah, so when 3 you were the city manager you were aware of the 4 concept of a consumptive use permit issued by St. 5 Johns; is that fair? 6 MR. SMITH: Yes. 7 COMMISSIONER CANNON: One for drinking water 8 and this one for reuse water? 9 MR. SMITH: Only after my memory was 10 refreshed. Again, my purview is to supervise the 11 entire city. And quite frankly, I didn't get into 12 the details and intricacy of consumptive uses 13 permit because I had some very bright people that 254 14 could assist me with that. 15 So was I aware that we had a consumptive use 16 permit? Did I understand that we didn't exceed 17 that? Did I understand the basic working knowledge 18 of it? Yes, I did. Did I understand the 19 specifics? It depends on the specifics. But it is 20 quite possible that I did not. 21 The level of specifics in this report, I can't 22 say in the quick amount of time that I looked at it 23 that I had working knowledge of it. No, sir. 24 COMMISSIONER CANNON: Okay. Who did you -- as 25 the sitting manager, you supervised all of the 255 45 1 different employees and department heads and so 2 forth. Who would be the best person during this 3 time frame as a department head or a city employee, 4 who would have the most information on this and the 5 other consumptive use permit, like, who should we 6 talk to? 7 MR. SMITH: Again, I appreciate what my 8 attorney is advising, and advising that it is not 9 my responsibility to assist you all in this matter. 10 MR. ELKIND: Assist them with how to ask. 11 MR. SMITH: Okay. Now I am in trouble with my 12 attorney. My answer is the utilities and public 13 works director at the time. 256 14 COMMISSIONER CANNON: Kip Lockuff? 15 MR. SMITH: Yes. 16 COMMISSIONER CANNON: I didn't want to assume 17 anything, and that's why I was asking. On that 18 same consumptive use permit, paragraph 17, the next 19 page over talks about report dates, when reports 20 are submitted by the City of St. Johns. 21 MR. ELKIND: I was saying something. What is 22 your question? 23 COMMISSIONER CANNON: If you look at the next 24 page of the consumptive use permit, paragraph 17, 25 it contemplates that the city, under this permit, 257 46 1 is to report every six months to St. Johns. Who 2 did you delegate that responsibility to? I am 3 assuming it wasn't you, based on what you said 4 earlier? 5 MR. SMITH: That would be correct that it was 6 not me. To the best of my knowledge, that would 7 have fallen under the utilities and public works 8 director or his designee. 9 COMMISSIONER CANNON: Paragraph 20 10 contemplates that in 2010, 13, 16, 19, 22, and 25, 11 the detailed water audit from the reclaimed water 12 system, would it be the same that you had delegated 13 that to public works utility director, Mr. Lockuff, 258 14 during this time frame? 15 MR. SMITH: Commissioner Cannon, again, you've 16 had more time than I've had to look at this. 17 Please tell me again, what sections are you 18 referring to? 19 COMMISSIONER CANNON: Paragraph 20, st. Johns 20 water audit? 21 MR. SMITH: Yes, to the best of my knowledge 22 in reading this, it would be natural for me to say 23 that I would have delegated that to Lockuff or his 24 designee. 25 COMMISSIONER CANNON: So in May 2011 in this 259 47 1 agenda item package, 202, we have got the reclaimed 2 water augmentation study dated September 20, 2005, 3 that was attached to it. And there is also that 4 consumptive use permit we just talked about. There 5 was also a plan document for building the plant. I 6 think it is right there, I think, on the third page 7 right after the residence simulation. It is the 8 reclaimed water augmentation document, supplemental 9 cleaning document. It's the one I gave you, sir. 10 It is like the third page in. It is right in that 11 stack. 12 MR. ELKIND: What document is it you are 13 looking for, specifically? Reclaimed water 260 14 augmentation project supplemental planning report 15 dated April 11th? 16 COMMISSIONER CANNON: Correct. Correct. 17 MR. ELKIND: Do you want him to review that 18 now? 19 COMMISSIONER CANNON: Yeah, please. It is 20 part of the agenda item. 21 MR. SMITH: Commissioner, I am not an 22 engineer. I have never seen this document before 23 so you all have to bear with me. What section are 24 we looking for? 25 MR. ELKIND: Do you want him to read the whole 261 48 1 thing? 2 COMMISSIONER CANNON: No. If you go to Page 4 3 of that document, paragraph 1.5? 4 MR. SMITH: Okay. 5 COMMISSIONER CANNON: Did you generally 6 understand -- as the city manager augmentations of 7 the reclaimed water system to supply irrigation to 8 the water as an alternate to potable water, 9 reducing potable water demands and reducing 10 withdraws, did you generally understand that 11 concept back then? 12 MR. SMITH: I don't recall. 13 COMMISSIONER CANNON: Well, let's go forward 262 14 about a year before this in 2010, while you were 15 the city manager in 2010, the city got a 16 consumptive use permit for the drinking water, the 17 potable water, and that document -- here, I will 18 give it to you. 19 MR. ELKIND: Mr. Mayor, I'm going to not 20 permit this. You don't invite a former 21 professional to come to a meeting, ask for 22 information and questions and then for the first 23 time give him documents. 24 This could have been handled over lunch. He 25 would have gladly come in here and answered any of 263 49 1 these questions. 2 MR. MAYOR: I am going to ask the commissioner 3 to get to the question. 4 MR. ELKIND: We are not going to review 5 anymore documents. 6 COMMISSIONER CANNON: The consumptive use 7 permit that the city pulled from St. Johns for 8 drinking water in 2010 specifically contemplated 9 and required that over time the city would be 10 reducing the amount of water pulled out of the 11 aquifer while increasing the amount of reuse water 12 that residents were using for irrigation. 13 Did you generally understand that in 2010? 264 14 MR. ELKIND: I am not sure I understand the 15 question. 16 MR. SMITH: I do not. I am not an expert to 17 consumptive use permits. I know what they are for. 18 I know what purpose they serve. And I know that 19 our general goal was to try to reduce from the 20 Florida aquifer, which I did. 21 COMMISSIONER CANNON: Well, it's paragraph 19 22 that was issued by St. Johns for drinking water, 23 number 8238 in January 2010. 24 MR. ELKIND: So the question is? 25 COMMISSIONER CANNON: You generally understood 265 50 1 the concept that by greater utilization of the 2 reuse water, less drinking water would be pulled 3 out of the aquifer and sprayed on people's lawns 4 for irrigation? 5 MR. SMITH: That's fair. I generally 6 understood there were several measures available to 7 reduce the amount of potable water that were 8 sprayed on folks lawns, to include production and 9 the withdrawal from the Florida aquifer, which 10 could have been via reused water or it could have 11 been conservation methods that we later instituted 12 conceptually. 13 COMMISSIONER CANNON: I just have a few more 266 14 questions, but I am happy to yield questions to any 15 of the other commissioners. I don't want to 16 dominate the time, I'll circle back. If you don't 17 mind? 18 CDM Smith system evaluation that you gave. My 19 question is you mentioned that Alena Rivera, that 20 you had given her authority to move forward in 21 having this group come in to evaluate the Lake 22 Jesup plant. Is that a fair statement? 23 MR. SMITH: I don't remember the specifics, 24 but generally speaking, yes. 25 COMMISSIONER CANNON: Did that request solicit 267 51 1 any inquiry from you as to why she would want to 2 have this outside engineering group come in to 3 perform an analysis on the functioning of that 4 plant? 5 MR. SMITH: Yes. 6 COMMISSIONER CANNON: And do you recall any of 7 the inquires that you made as to why she was 8 pursuing this? 9 MR. SMITH: Yes. A couple come to mind. 10 First, we already -- we had information to that 11 regard from our current engineering firm. But to 12 the best of my recollection, she felt she had a 13 relationship with her previous consultants that she 268 14 worked with. 15 And my goal is to make her as successful as 16 possible. I like to have people have the 17 opportunity to use folks that they are comfortable 18 with. I have often done that myself. This is one 19 of the firms she was extremely comfortable with. 20 Second, there had been concerns expressed that 21 potentially the plant was not working as you all 22 had stated earlier, quote, unquote, it should have. 23 It wouldn't hurt to get someone else to take a look 24 at it. 25 At the same time, though, I had been assured 269 52 1 by several parties that the plant was functioning 2 perfectly well. But I wasn't apprehensive, if you 3 will, to seeking someone else's opinion. 4 COMMISSIONER CANNON: You never had an 5 opportunity to read the report? 6 MR. SMITH: No. 7 COMMISSIONER CANNON: I think -- 8 MR. SMITH: Let me be clear. I don't ever 9 remember it being provided to me. It may have 10 been. To the best of my recollection, it was never 11 provided to me. Had it been provided to me, I 12 would have read it. 13 COMMISSION CANNON: The document does point 270 14 out some very relative concerns about the 15 functioning of the plant, or more accurately, the 16 lack of functioning of that plant. To me, when I 17 read this report, it became very concerning that 18 the plant actually did not work and has never 19 worked. I am just making a statement. The 20 question couched within this then. 21 MR. SMITH: Let's try to get information, if 22 we could, and not make accusations, respectfully. 23 COMMISSIONER CANNON: I was stating my take on 24 it, my summary. 25 MR. SMITH: I just received it that way. So I 271 53 1 apologize if I misperceived it. 2 COMMISSIONER CANNON: One my other questions 3 is cycling back to 2017, when the City of Winter 4 Springs' water supply plan was on a consent agenda 5 item. 6 MR. SMITH: Yes. 7 COMMISSIONER CANNON: Did you make it a 8 practice to read these plans prior to them being 9 added to an agenda? 10 MR. ELKIND: Well, Mr. Mayor, we are talking 11 about practices of what you read and when you put 12 something on a consent or full agenda item. I 13 mean, you have a discussion. You want to get facts 272 14 why this plant works, doesn't work, what problems, 15 what process do you go to. 16 We are not going to answer questions about 17 what your process was in terms of how you 18 decided which agenda to put an agenda item on. 19 He's not going to do that. I am not going to give 20 him an opportunity to tell you that. 21 COMMISSIONER CANNON: My point is there is 22 some pieces. There is some paragraphs there. 23 MR. ELKIND: Again, it is not a time to make 24 points. It is a time to ask questions, sir. 25 COMMISSIONER CANNON: Well, if you're not 273 54 1 going to answer the question -- 2 MR. SMITH: If you have a question, I'll 3 answer it. 4 MR. ELKIND: Re-ask the question, please. 5 MR. SMITH: Just re-ask the question, please. 6 COMMISSIONER CANNON: Were you aware on Page 7 1-12 -- and if you need to take a moment, I am just 8 referring to the top half of the page, reclaimed 9 augmentation report. 10 MR. SMITH: Agenda item 301? 11 COMMISSIONER CANNON: It is the actual report 12 itself. 13 MR. SMITH: I have a lot of papers. I am not 274 14 sure which report you are referring to? 15 COMMISSIONER CANNON: No, that is not it. 16 2017 City of Winter Springs water supply. 17 MR. SMITH: Water supply plan? 18 COMMISSIONER CANNON: Yes. It should be on 19 your table somewhere. 20 MR. SMITH: Okay. We have the water supply 21 plan here. Thank you Madam Clerk. Okay, 22 commissioner, I think, to the best of my ability, I 23 am ready. 24 COMMISSIONER CANNON: It says that the current 25 population level would estimate that the 275 55 1 consumption decreased by that amount, so forth. 2 You can read it. Couched in that is the projection 3 that the remaining land available for development 4 in the city service area is not land zoned for 5 single family residential where most of the 6 irrigation takes place? 7 Did you provide any of the commissioners, any 8 insights to the developments that were approved 9 right before and right after this plan was 10 approved. 11 MR. ELKIND: Just so I understood what the 12 question is, you want to know if your former city 13 manager provided insights to the commission about 276 14 approved development projects? 15 COMMISSIONER CANNON: No. My question is 16 this. During this time frame there are a couple of 17 things going on. You had the report that Ms. 18 Rivera pursued? 19 MR. SMITH: Yes. You have -- 20 MR. ELKIND: You are talking about the 21 April 2017 report and the June -- you said at this 22 time. Which time are we talking about? 23 COMMISSIONER CANNON: When the water plan was 24 approved. 25 MR. ELKIND: And when was it approved? 277 56 1 COMMISSIONER CANNON: That was during the 2 June 12, 2017, meeting. 3 MR. SMITH: Just to be clear, sir, because I 4 don't want to interfere with your questions. The 5 Rivera report that you are referring to from CDM 6 Smith was issued June 6, 2018. We are talking a 7 year later, so just trying to keep that in order 8 for you. 9 COMMISSIONER CANNON: I'm sorry. That is my 10 fault. 11 MR. SMITH: I have a lot of papers so just 12 give me a little bit of time, and I will try my 13 best to answer your questions. 278 14 COMMISSIONER CANNON: Referring to that page, 15 the statement that was couched in here that is -- 16 MR. ELKIND: Hang on. Which statement are we 17 now referring to? You have lost me. 18 COMMISSIONER CANNON: Page 12 of the water 19 plan that was present on the consent agenda 20 June 12, 2017. Seven lines down. 21 The remaining land development for the city 22 service area is not land zoned for single family 23 residential where most of the irrigation takes 24 place. 25 My question is, during that window of time, 279 57 1 April 24th, prior to this, to January 22, 2018, we 2 approved 379 single family homes. We approved 3 thirty -- in Northern Oaks subdivision we approved 4 35 single family homes. January 8, 2018, we 5 approved 114 town homes in green line. 6 MR. ELKIND: Mayor, I'm sorry. I'm not trying 7 to be difficult but there is no question. 8 COMMISSIONER CANNON: My question to you given 9 all of this IS were the commissioners, at that 10 time, aware of the draw for irrigation from these 11 developments? At any time were they aware that 12 this would be impacted? 13 MR. ELKIND: No. No. No. No. He cannot answer 280 14 questions about what other people are aware of. 15 That's not just a legal issue. That is just common 16 sense. 17 COMMISSIONER CANNON: Did you speak to any of 18 the commissioners about the water consumption for 19 irrigation on any of these projects that were being 20 worked on? 21 MR. ELKIND: Again, you have strayed so far 22 from what you put in your resolution pursuant to 23 which the subpoena was issued. If you know the 24 answer to this question -- 25 MR. SMITH: I don't understand the question. 281 58 1 My fault. I do not understand. 2 COMMISSIONER CANNON: I am done. 3 MR. SMITH: I know most of you. Mr. Elliott, 4 I don't know you. Actually, put yourself in my 5 shoes. It is difficult to have documents. It is 6 difficult to have documents that some I haven't 7 seen in years, if I have ever saw, and to try to 8 answer questions. 9 And I would like to be helpful. I feel like 10 Commissioner Johnson is getting frustrated because 11 I'm not helpful. If I'm not, I apologize. I am 12 trying to be helpful. 13 I want you to be aware that if it doesn't come 282 14 across that way it's because I am struggling to 15 find what we are looking for here and to understand 16 what we are asking. 17 COMMISSIONER CANNON: I apologize if I didn't 18 make myself clear. 19 MR. SMITH: I feel like I am letting you down 20 because I don't know the question. 21 COMMISSIONER CANNON: Don't feel that way. 22 That's fine. 23 MR. SMITH: I think there is some pertinent 24 things here that would help you all. But, again, 25 it is your time to ask questions, so I am not going 283 59 1 to inject what I think is pertinent. I will just 2 answer your questions. 3 MR. ELKIND: If we have another time, not in a 4 hearing and under these rules that you want to ask 5 Mr. Smith questions -- 6 MR. SMITH: Give me a call. Invite me to 7 lunch. I am more than happy to do the best that I 8 can. 9 THE MAYOR: It is difficult. It is difficult 10 to follow. It is difficult to follow the 11 questioning. It is difficult to answer. 12 MR. SMITH: Again, that is why rather than run 13 the entire city by myself, I have comment folks 284 14 that helped me. Any Ts are crossed and Is are 15 dotted. I am sure there are things you felt didn't 16 make sense or what not. But I am having trouble. 17 THE MAYOR: Commissioner Elliott? 18 COMMISSIONER ELLIOTT: The CDM Smith report, 19 dated June 6th, refers to the site visit that was 20 conducted on April 18th of that same year. 21 So on Page 11, one of the points says, repair 22 of the intake pump control panel is required to 23 restart the facility. This repair should be 24 completed as soon as possible, which leads me to 25 believe that at least on or about April 18, 2018, 285 60 1 the facility was not operating. Were you aware 2 that it was not operating on that date? 3 MR. SMITH: I wasn't aware. Again, I felt 4 this CDM Smith was important, again, for two 5 reasons. One, I wanted Mr. Rivera to -- not to be 6 repetitive -- but to use the folks she was 7 comfortable with. 8 But I was concerned about it because I have 9 successfully worked with CPH for several years. 10 But a second set of eyes, I am always for that, 11 third set even. I operate that way. But I also 12 look at this report, and CPH hasn't had any 13 opportunity to opine on it. 286 14 It may just be their opinion. Their opinion 15 may be right. But they may also be looking for our 16 business. I am not trying to imply anything. 17 There could be two sides to this story. The folks 18 that built the plant and worked for me expressed in 19 no uncertain terms the plant was operational. 20 Although they did need to look at some of the 21 intake valves, some trial an error work in that 22 regard. But at the end of the day, the plant was 23 functioning for its intended purpose. That is what 24 I was aware of. 25 Now, again, the CDM report could be right. It 287 61 1 could be wrong. It could be binary. So does that 2 answer help with your question? 3 COMMISSIONER ELLIOTT: If a report says a 4 plant wasn't operating, you were not aware that it 5 was not operating? 6 MR. SMITH: That is my recollection. That is 7 correct. I was not. 8 THE MAYOR: So just to summarize here and we 9 will go back to direct questions. It is your 10 memory that this plant never had a problem. That 11 the friction here is that the commission and myself 12 have been told repeatedly that this plant has never 13 worked. 288 14 For over the 12 years, it has worked, in 15 total, roughly 90 days. Over a decade this plant 16 has not operated. It is your testimony or it is 17 your memory that you weren't aware, and so it 18 sounds to me that you are saying direct the 19 questions to CPH? 20 MR. SMITH: No. No, if I may? 21 THE MAYOR: Please? 22 MR. SMITH: I think both of the statements you 23 made are incorrect. Let me be clear, I am not 24 saying you are incorrect. I am not saying that it 25 never had any issues. I am also not saying I 289 62 1 forgot what I just said -- it did have some issues. 2 Again, I wish I had a more technical term -- 3 getting it dialed in. There was some problems with 4 the filtration system pulling out of murky Lake 5 Jesup. 6 Hopefully, it will get better, but probably 7 not in our lifetime. There was an argument that it 8 work too well. It was sucking too much passed one 9 area, but not the next area. And for that reason 10 the staff at the time did not want it to reach 11 folks' yards and the pop-up heads get clogged. 12 But at that point in time we weren't expanding 13 it at that point. So yeah, it did have some things 290 14 that were being addressed. Again, when I talked to 15 the president of the CPH, he said Kevin, it works. 16 And if there is ever any issues, you have my word, 17 I'll get it fixed. 18 That is what I wanted to hear. That made me 19 feel comfortable, that our contractor was on top of 20 it and was going to take care of it. But the fact 21 that it never worked, only worked for a few days, I 22 think the confusion there may be the fact that it 23 only worked X amount of months in eight years. Am 24 I caging that correctly? That is not true, 25 categorically false. I am speculating that because 291 63 1 we were using it for irrigation of Central Winds 2 Park and whatever small areas that we were using 3 it, normal reuse, toilets being flushed, if you 4 will, we are going into our new Oak Forest pumping 5 facility, $3 million facility. 6 It was holding that, and that was used first. 7 We only withdrew from Lake Jesup when we needed it, 8 which was about one month out of every year in May. 9 So over an eight-year period, we probably used it 10 for eight months -- only needed for eight months. 11 It worked the entire the time, and trying to get it 12 dialed in during the period of time, they try to 13 work on this. 292 14 The water that was coming from the -- I only 15 know this because I sat down with Lockuff when I 16 first got this job. I said, Kip, please help me 17 understand this stuff. The man is an encyclopedia. 18 With due respect to my current public works 19 director, who is a great individual, Kip is one of 20 best I have ever had. 21 I said that just to give you a context -- he 22 educated me a whole lot on how things work. It 23 doesn't make me an expert. It gives me a working 24 knowledge to do my job, in my humble opinion. The 25 water that comes from, quote, unquote, flushing 293 64 1 your toilet, if we don't use that, we have to spray 2 it into the spray field. No one wants to do that. 3 We want to use that first. Then we want to go to 4 the augmentation second. 5 For that reason, we only needed it maybe the 6 one month out of the year that it was functioning. 7 But to say it didn't work, I don't have knowledge 8 of that. 9 THE MAYOR: I think the question has been 10 answered. Thank you. Commissioner? Anyone else? 11 COMMISSION CANNON: So the other part of the 12 equation here is you have the augmentation plant 13 from 2005. It looks like this. 294 14 MR. SMITH: The study, not the plan? The 15 study? 16 COMMISSIONER CANNON: Yeah, 2005. 17 MR. SMITH: Yeah, I've got the study. 18 COMMISSIONER CANNON: If go to Page 5-3. The 19 bottom 5-4? 20 MR. SMITH: It goes from 3 to 2 to 4. Bear 21 with me. 5-3. Yes. 22 COMMISSIONER CANNON: Okay. And then section 23 5.2 distribution system expansion. If I understood 24 what you just said, rather than spray the reused 25 water coming out of the sewer plant on the spray 295 65 1 field, it could be used on people's lawns. It 2 would use less drinking water to irrigate their 3 lawns? Is that what you were just referring to? 4 MR. SMITH: No. I was referring to we needed 5 to use our -- if we use the affluent first, we 6 would meet the demand, and there would be nothing 7 left to spray on the spraying field. 8 COMMISSIONER CANNON: Along that line, if you 9 look at this table, 5.2, every other year starting 10 in 2008 there was a multiphase, seven-phase plan, 11 in every other year to expand that reuse 12 augmentation in the area. Do you see that? 13 MR. SMITH: I see the area you are referring 296 14 to. 15 COMMISSIONER CANNON: Okay. Then go to the 16 next page over, the table 5-5 in that report, it 17 talks about phase one. And it names specific 18 subdivisions in there you will recognize. 19 It comes up with a projected cost of $2,047, 20 500, shows what the average flow would be, dry 21 season, and how many gallons, if you will. Phase 22 1, would put $491,520 gallons a day of reuse 23 irrigation rather than drinking water. Do you see 24 that? 25 MR. SMITH: Yes. 297 66 1 COMMISSIONER CANNON: The concept from what I 2 am reading here, Phase two and Phase three, four, 3 five, six, and seven. 4 So every two years, extending those reuse 5 lines to the different neighborhoods, we are going 6 to utilize more of that affluent reuse water coming 7 out of the plants for people to irrigate their 8 lawns and thereby use less corrugated drinking 9 water coming out of the water wells. Did you 10 understand. 11 MR. SMITH: I think I am following you, yes. 12 It is not reuse. It is augmentation, surface water 13 withdrawal. 298 14 COMMISSIONER CANNON: If you don't extend the 15 reuse lines, and from what we were told by staff, 16 none of these phased extensions took place, so how 17 are we going to use less drinking water for 18 irrigation, if we don't extend the reuse lines 19 every other year like what's in this report? 20 MR. SMITH: The way we did, through 21 conservation methods. Again, when you look at this 22 chart, we would be the envy of every other city as 23 to who well we draw our CUP. 24 It would be fiscally irresponsible for us to 25 rescind those lines when we had this type of chart 299 67 1 working to our advantage. Now, we didn't know what 2 the future was going to hold. In the meantime, we 3 were able to hopefully wait out to the availability 4 of the state revolving fund loans and those type of 5 grants were there. They weren't there during this 6 particular period of time so we would be able to 7 leverage our dollars further in the future. 8 I think it is pertinent to also point out in 9 this study that it says right here on Page ES1 that 10 there are many more steps required to make this 11 project a reality. 12 At the time this study was not adopted. It 13 was prepared by CPH and it was never sent to the 300 14 state or any regulatory agency. It was just an 15 internal document for our use in trying to decide 16 what the best route was going forward. 17 Did we spend this in a difficult fiscal time 18 or try something that costs exponentially less? We 19 chose to go this route. There was a strong 20 argument that this plan may have never been 21 implemented, maybe not never, certainly not in the 22 near future. 23 If you go back to the agenda item that Mr. 24 Elkind referenced earlier, when we were presenting 25 the fiscal plan in 2011 to the commission, it 301 68 1 specifically says that this distribution expansion 2 was not going to happen in the near future. It was 3 never intended to happen anytime in that time 4 frame. It was never intend to follow this 5 schedule. 6 Due respect to my good friend, Brian Fields, 7 who is an engineers and any of the other engineers 8 in the room, this may or may not have been 9 practical. It turned out not to be practical based 10 on all the environments and everything going on 11 in similar times. 12 Yes, if we had done this, there would be less, 13 arguably, less potable water used for irrigation 302 14 purposes. But because we did this, the same, if 15 not better, result, for this period of time. Then 16 after I left it may have been different 17 circumstances that warranted this. 18 I remind you you still have a beautiful plant, 19 a great asset down on the water to help you do 20 this, if you so choose, but that is certainly your 21 call going forward and your staff. I don't mean to 22 advise them on what they should do. 23 MR. ELKIND: Mr. Mayor, I put in my letter we 24 allotted two hours for -- he has been here. You 25 still need to hear from Mr. Fields, so. 303 69 1 COMMISSIONER CANNON: I've got one followup 2 question from what we were just discussing. 3 THE MAYOR: To begin with, I genuinely 4 appreciate all three of you being here. I feel 5 like I learned. That is, in fact, the idea of this 6 meeting is to learn. I feel as if I learned a lot. 7 But having said that, that subpoena, whether that 8 was the way we should have handled it or not that 9 is a different issue. 10 You attempted to put a time restraint on it. 11 Let's just get through the questions. The 12 commissioner has one more question. 13 COMMISSIONER CANNON: Mr. Smith, during your 304 14 tenure as the city manager, when we had projects 15 coming before the commission that were approved, 16 Integra 360, The Rise Apartments, Tuscaloosa 17 Crossings, Blake Apartments, the town homes and so 18 forth, these residential apartments, are you 19 familiar with the concept of water concurrency. 20 MR. SMITH: Generally, yes. I am familiar 21 with the concept of concurrency, be it school, be 22 it water, generally, yes. 23 COMMISSION CANNON: Sewer as well. So what 24 happened here is that the data that you were 25 looking at from that 2007 water plan that was 305 70 1 submitted ended in 2016, by the chart you keep 2 folding up, that graph. 3 MR. SMITH: It ended in 2019. I apologize. 4 It is unfair. 5 COMMISSIONER CANNON: What has brought us to 6 this point, which I don't know if you have had a 7 conversation with our current city manager or not? 8 MR. SMITH: No. 9 COMMISSIONER CANNON: We exceeded our CUP last 10 year. 11 MR. SMITH: I was aware of that because of the 12 email Mr. Boyle sent out. 13 COMMISSIONER CANNON: In May of this year, we 306 14 had to declare a water emergency on irrigating 15 because we are using too much water. 16 MR. SMITH: I am generally aware of that as 17 well. 18 COMMISSIONER CANNON: And so our city staff 19 has come in just in the last few months and as 20 recently as just the last commission meeting and 21 said, basically, we are probably -- it is highly 22 likely we are going to be exceeding our CUP again 23 for 2021. 24 Nobody knows precisely yet, but it looks like 25 it is headed that way. I know that as the city 307 71 1 manager your job was to put together the agendas, 2 and our current city manager does the same thing. 3 And I recognize you are not an engineer. You rely 4 upon engineers like Mr. Fields or Mr. Lockuff. 5 But are you aware of any time where any staff 6 member, you or any of your staff members alerted 7 the commission that by approving this project, we 8 may be exhausting our CUP. 9 MR. ELKIND: I'm sorry, which project? 10 COMMISSIONER CANNON: Any project from The 11 Rise to the present? 12 THE MAYOR: Were you aware, please correct me 13 if I am wrong, were you aware that we are danger of 308 14 exceeding our consumptive use permit by approving 15 these new developments. 16 MR. ELKIND: Wait a minute, and you are 17 probably going to get made at me. You had three 18 issues you wanted to talk about over the reclaimed 19 augmentation plan. 20 THE MAYOR: Item one, identify and explain the 21 factual projections for data and analysis that will 22 be prepared by the proposed city to be able to 23 obtain the city's two consumptive use permits from 24 St. Johns Water Management. Ground water for 25 potable use, permit number 8238 and surface water 309 72 1 irrigation use, permit number 105763. 2 MR. SMITH: Let me try to answer it. I 3 apologize it. I am having difficulty answering it. 4 The overall responsibility for everything that 5 happens, every management decision in this city 6 during my tenure is mine. Let's be clear about 7 that. But as far as monitoring our concurrency and 8 availability under our CUP, I didn't do that on a 9 daily basis. 10 However, I do know that public works staff did 11 that. They had a running total everyday in the 12 public works file that tracked that amount of 13 availability and whether or not a new project would 310 14 affect that or not. 15 And again, during the time that we were 16 tracking that during this period -- you never have 17 plenty, but we had a lot of head room on our CUP. 18 Yes, we were tracking it. 19 I went back and spent a whole day Saturday 20 looking at those development application and final 21 engineering plan approvals, you know, that would 22 come before the commission, the staff reports, the 23 development agreements, and I could not find one 24 instance where you and your staff alerted the 25 commission that we are going to run out of -- if 311 73 1 you approve this, we may run out of water, you 2 know, under the CUP. 3 MR. ELKIND: Again, is there a question? 4 COMMISSIONER CANNON: My question is did you 5 ever have any private conversations with any 6 commissioner or the Mayor that said, hey, if we 7 continue to approve these new developments two, 8 three, four, five years down the road when they are 9 actually out of the ground and hooked up, we are 10 going to exceed our CUP? That is the question, I'm 11 trying to answer. 12 MR. SMITH: No, those discussions were not 13 necessary because there was no concern about doing 312 14 so. If you look back to this agenda item, that one 15 of you gave me earlier, if you look down at the 16 bottom it says 301. 17 In 2017 the city's well positioned over the 18 20-year planning period to meet water supply needs, 19 including allocation reductions to the previous 20 investments in reclaimed water, so on and so forth. 21 It goes on further on the next page to say, 22 staff is comfortable saying below the consumptive 23 use permit, a limit of 1.514 billion gallons of 24 potable water though 2029 is manageable using - so 25 on and so forth. At this point in time that we are 313 74 1 using conversation, so on and so forth, Lake Jesup 2 at its current iteration of 2,000 homes, not 3 expanded, and it will go on further in the study 4 somewhere to speak to that, that we are in a 5 position to meet concurrency with our water needs. 6 I don't recall at any point in time that being a 7 concern period. 8 THE MAYOR: I think that brings about the crux 9 of the real issue here. They are conflicting. We 10 are, in fact, over our CUP. We've hit the wall. 11 We are having issues. You were asked a question. 12 You answered the question. You have documentation. 13 Thank you, sir. 314 14 COMMISSIONER CANNON: Do you remember myself 15 and other commissioners inquiring about the CUP 16 right from the dais and being told we are fine on 17 the CUP. There is no problems with the CUP or 18 words to that effect? 19 MR. SMITH: I don't remember that. I probably 20 shouldn't answer this way. It wouldn't surprise me 21 because of the situation we were in at the time. I 22 don't know the exact time frame we are talking 23 about either, and I left early in 2019. 24 COMMISSIONER CANNON: And I know we are going 25 to ask Mr. Lockuff these questions. But you 315 75 1 understood as the city manager that his department 2 was keeping a running balance of where we stood 3 under the CUP and was doing that water currency 4 analysis with any new projects we brought to the 5 commission? Is that the department -- 6 MR. SMITH: Absolutely. And further, meeting 7 our sewer permits, he was required to sign off on 8 those documents stating so. 9 Again, subject to your conversations with Mr. 10 Lockuff, because at the risk how this is going to 11 sound, and it not sounding any other way than 12 factual, I didn't review those every day of my 13 life. 316 14 COMMISSIONER CANNON: I was kind of hoping he 15 would be here because I figured he would probably 16 be the most technically savvy person on this stuff. 17 MR. SMITH: Again, my understanding from 18 Attorney Jones is that he has answered the 19 questions, and it is sufficient. 20 THE MAYOR: So are there further questions for 21 Mr. Smith from the commission before we ask 22 questions of Mr. Fields? 23 COMMISSIONER HALE: Did anyone ever come to 24 you because you stated that you did have an intake 25 issue we kept having to deal with. Did anyone come 317 76 1 up with a long-term solution, anything like that? 2 MR. SMITH: My understanding, commissioner, is 3 yes, they did. But at the point in time we were 4 not extending the line, so it was not -- I hesitate 5 to say this, because I don't want to keep saying I 6 am not an engineer. I don't want to misspeak. 7 My understanding was yes, they did. It took 8 some back and forth. But we were not at the point 9 where it was necessary because we were just 10 irrigating the park. 11 At the point that we were going to move 12 forward with distribution, if and when, they would 13 have tested that to be sure. Again, Mr. Gierach, 318 14 from CPH assured me, and I have known him a long 15 time, I take him at his word that if there were any 16 issues, he would have solved that. 17 COMMISSIONER HALE: Currently -- 18 MR. ELKIND: He can't answer that. 19 THE MAYOR: Commissioner Cannon? 20 COMMISSIONER CANNON: You know the situation 21 we find ourselves in? 22 MR. SMITH: Generally. It's a stretch, but I 23 am not totally blind to it. I understand you 24 exceeded you CUP. 25 COMMISSIONER CANNON: Me, I don't know about 319 77 1 the rest of the commission, we are trying to figure 2 out where things went wrong and how do we change 3 our processes or procedures to make sure that we 4 can get this back on the right track? Right now 5 all indications are that we are over the CUP. Do 6 you have any suggestions for us? 7 MR. ELKIND: I'm sorry. It is absolutely 8 inappropriate for this man to -- he wants to be 9 helpful. He is certainly not an engineer and 10 either am I. It is not appropriate for him to try 11 to give you suggestions. 12 The premise of your question, where things 13 went wrong while he was here, did you all exceed 320 14 the CUP while you were here? He is probably the 15 last -- the premise of your question where things 16 went wrong after he was gone, so maybe those were 17 sent in motion before. Who knows, but it is just 18 inappropriate. 19 MR. SMITH: I have some suggestions. It is 20 not my place. I don't want to step on your city 21 manager's toes. He is a brilliant man, twice the 22 city manager I will ever be. Do I have opinions? 23 Certainly I do. 24 Do I have some thoughts? Yes, I do. I will 25 be happy to share those with you with his blessing, 321 78 1 the three of us over lunch or whatnot. But in this 2 environment, I think it is important that I rely on 3 what Mr. Elkind is telling me. And Mayor, as you 4 spoke earlier, it is certainly within your rights 5 and purview, this entire commission to do this. 6 My opinion is this could have been solved less 7 with a subpoena and more with a phone call or 8 lunch. It is a better, more productive 9 environment. It is my sense everything you are 10 doing tonight you are entitled to do. 11 So I am trying to impart, if I come across 12 like I am not being helpful, it is not my intent. 13 In this line of work, sometimes MBAs don't matter, 322 14 like I have don't matter. 15 Sometimes the experience I have, doesn't 16 matter. It is your reputation. I want to be known 17 as and always wanted to be known as somebody that 18 is there to help. I feel like to some extent, I 19 haven't done that tonight. That was not my intent. 20 I am generally confused by a lot of the 21 questions as I think you are. And why doesn't this 22 plant work? Why do you think it doesn't work? How 23 did we exceed our consumptive use permit? I think 24 we are both confused, perplexed, and would like to 25 get some answers. I am doing my best to try to 323 79 1 help you. It is important to me, to Mr. Elkind's 2 chagrin, I just generally want to help. 3 THE MAYOR: Are there any further questions 4 for Mr. Smith? 5 COMMISSIONER CANNON: I mean, maybe what we 6 can do as the city manager we approve projects and 7 they don't come online for -- 8 MR. SMITH: Commissioner, I don't mean to 9 interrupt you, but you and I have had that problem 10 with the school board for years. We approve 11 projects with developers and they have got to have 12 it tomorrow. Then we don't hear from them for four 13 years. It makes it really difficult to do our job. 324 14 So we can only do it on the best information 15 we have at the time based on concurrency on what we 16 know at the time, which is what we did. 17 MR. ELKIND: The technical experts will be 18 much better for you on that issue. There is a 19 process they follow. 20 THE MAYOR: We are now deviating. So 21 Mr. Elkind can take his two minute restroom break. 22 (Break.) 23 THE CLERK: Ladies and gentleman, welcome 24 back. Motion to extend the meeting by Commissioner 25 Cannon. Seconded by Deputy Mayor Johnson. 325 80 1 THE CLERK: Commissioner Benton? 2 COMMISSIONER BENTON: Aye. 3 THE CLERK: Commissioner Cannon? 4 COMMISSIONER CANNON: Aye. 5 THE CLERK: Deputy Mayor Johnson? 6 Deputy mayor: Aye. 7 THE CLERK: Commissioner Hale? 8 COMMISSIONER HALE: Aye. 9 THE CLERK: Commissioner Elliott? 10 COMMISSIONER ELLIOTT: Aye. 11 THE CLERK: Mr. Mayor? 12 THE MAYOR: Aye. 13 THE MAYOR: Motion passes. 326 14 THE CLERK: If you'd raise your right hand? 15 Do you swear or affirm to tell the truth, the whole 16 truth, and nothing but the truth. 17 THE WITNESS: I do. 18 THE CLERK: Thank you. 19 THE MAYOR: Would you like to read the 20 questions and the answers? 21 MR. ELKIND: As I gold you, Mr. Fields has a 22 lot less detail. 23 MR. FIELDS: Good evening Mayor, 24 commissioners. Starting with the first question. 25 Are you aware of and have you ever read the 327 81 1 reclaimed water augmentation study dated 2 September 20, 2005? Yes. 3 If yes, do you remember if there were any 4 attempts on your part to determine if this timeline 5 was being followed in relation to reclaimed water? 6 No. I had no involvement in the approval of 7 the study. It was never a part of my duties to 8 determine if the timeline suggested by the study 9 was being followed. 10 It should be noted that this is a feasibility 11 study, not a master plan. Let me just state for 12 the record, because I don't know everybody here, I 13 was a city engineer. I started with the city in 328 14 March of 2005. 15 I was a city engineer until 2016. I became 16 the community development director from 2016 to 17 2018, just for the context of these answers. 18 During your discussions pertaining to the 19 proposed development projects during your tenure 20 was a consumptive use permit or reclaimed water 21 ever discussed or brought to your attention? 22 The consumptive use permit, no. As far as 23 reclaimed water, the current or future availability 24 of reclaimed water was discussed as part most 25 development projects. 329 82 1 Depending on the project and the location, 2 development projects were generally required to be 3 one of the following. One, connect the existing 4 reclaimed water system for irrigation. Two, 5 connect the potable water system for irrigation, 6 but to construct and utilize a separate irrigation 7 piping and service system designed to reclaim water 8 standards for future connection to the reclaimed 9 system. 10 Or three, use another non-potable source of 11 water for irrigation, such an irrigation, well, or 12 retention pond. 13 During your tenure what departments, 330 14 specifically which individual, to inform you of any 15 issue related to development projects as they 16 pertain to the consumptive use permit or reclaimed 17 water? 18 As the city engineer I reported to the public 19 works utilities director. If I had questions 20 regarding reclaimed water, I would typically speak 21 with the members of the city's utility department. 22 Question. What, if any, was your involvement 23 with the $3.5 million Lake Jesup surface water 24 plant? If none, were you aware that the facility 25 existed. Have you ever visited the Lake Jesup 331 83 1 Surface Water plant? 2 I had no involvement with the study, planning, 3 design, permit and construction, startup, 4 operations post construction analysis or any other 5 aspect of the water plant, itself? 6 My involvement was limited to the site work, 7 paved access, parking, drainage, and landscaping. 8 And I have been to the site. 9 Did you ever make any inquiries or take any 10 action to determine why the $3.5 million Lake Jesup 11 Surface Water plant did not work? I have no 12 knowledge of the plant not working. 13 Do you know who was responsible for the design 332 14 of the $3.5 million water surface plant? Do you 15 know who would be responsibile for construction? 16 CPH was responsible for the design. I don't 17 remember the names of the construction contractors 18 who worked on the project. 19 Had you known of the serious issues 20 surrounding the $3.5 Lake Jesup Surface Water 21 plant, what actions would you have taken? 22 I had no knowledge of the specific issues in 23 question or the potential seriousness. As a city 24 employee, if I became aware of a serious issue of 25 any manner, I would inform my supervisor. 333 84 1 Why did the $3.5 million Jesup plant not work? 2 Again, I have no knowledge that the plant does 3 not work or whether it is being utilized currently. 4 Why was the $3.5 Jesup plant not used? 5 I do not know the extent to which the plan was 6 utilized. When did you know there were problems 7 with the $3.5 million Lake Jesup plant. I didn't 8 know there were specific problems. 9 In 2018 I became aware that the public works 10 utility director brought in a new engineering 11 consultant to evaluate a number of city facilities. 12 I do not know what the result of that study were. 13 When did you learn the above? 334 14 Again, in 2018 I became aware our utility 15 director brought in a new engineering consultant. 16 And the last question, what action did you 17 take to the address the failed $3.5 million plant? 18 I have no knowledge that the plant failed. 19 THE MAYOR: Thank you. Commissioners? 20 Anyone? Mr. Elliott? 21 COMMISSIONER ELLIOTT: A large portion of 22 questions posed on that document were my questions. 23 So I appreciate you responses. 24 THE MAYOR: Deputy Johnson? 25 DEPUTY MAYOR: To be honest with you, I 335 85 1 anticipated that you were not directly involved 2 with this. I think mine was just curiosity since 3 you were working with other members of the various 4 departments and units and whatnot. To understand 5 correctly, you were never, at any time, presented 6 with any concerns about the Lake Jesup plant not 7 functioning to a less successful level, at any 8 time? 9 MR. FIELDS: Just in 2018, when the new 10 consultant was brought in to evaluate facilities, I 11 heard they were looking at the plant. 12 DEPUTY MAYOR: I mean prior to that? 13 MR. FIELDS: No. 336 14 THE MAYOR: Commissioner Benton? 15 COMMISSIONER BENTON: I think I understand 16 your answer to one of the questions. I didn't give 17 anybody any information about the results of the 18 use of that plant or any results that they got, how 19 well it was working. You did not do that? 20 MR. FIELDS: No. 21 DEPUTY MAYOR: Do you mind saying where that 22 information would have come from, CPH or our 23 utilities director? The numbers? 24 MR. FIELDS: What specific information? 25 DEPUTY MAYOR: How well the augmentation plant 337 86 1 was working? 2 MR. FIELDS: I think it would be a question 3 for the design team, startup contractors, equipment 4 manufacturers, any number of folks directly 5 involved with the project. 6 DEPUTY MAYOR: Thank you. 7 THE MAYOR: Commission Hale? 8 COMMISSIONER HALE: I would ask you the same 9 thing. Were you aware of anyone talking about a 10 long-term solution? 11 MR. FIELDS: No. 12 THE MAYOR: And Commissioner Cannon? 13 COMMISSIONER CANNON: Brian, the CDM report, 338 14 that is on the table, had you seen that at any 15 time? Had anyone briefed you on the findings? 16 MR. FIELDS: No. The first time I have seen 17 it. 18 COMMISSIONER FIELDS: I think you understood 19 from what you had a chance to sit through here, we 20 are trying to -- we are over the CUP and we have 21 got a bunch more projects coming out of the ground. 22 And so we are trying to figure out, at least 23 from my perspective, what processes -- I know your 24 only part of what I expected, your only sort of 25 involvement, would have been from the water 339 87 1 concurrency, you know, as developments were coming 2 in, some of them as development director. Do you 3 know who kept the log or the running total of 4 available capacity and what was being set aside for 5 approved projects? Was there such a water 6 checkbook, if you will. 7 MR. FIELDS: Yes. That was very carefully 8 evaluated with every project. What my role is I 9 can tell you, at least through 2016, being a city 10 engineer, what happened on those projects. 11 Whenever a project came in they have to get an 12 FDEP water permit and FDEP sewer permit. Each of 13 those applications they fill out. We review them. 340 14 Then it goes to our public works utility director, 15 who puts in the plant capacity and the commitments, 16 which is that running total of what has been 17 approved to date. 18 Even going back years, there was never at any 19 time with any project there was a concern that we 20 were even coming close, up to 2016. I don't know 21 what happened after that. If anything I could do 22 to help, I would. But it wasn't an issue then. 23 COMMISSIONER CANNON: So was it on a computer? 24 Did you ever see it? Where was that data file 25 actually kept? 341 88 1 MS. FIELDS: In the utility department. I am 2 not sure where. 3 COMMISSIONER CANNON: Kip can give us more 4 information. Where we find ourselves right now is 5 we were over the CUP last year. We're likely to be 6 over this year. We have got another 30 million 7 gallons of projects that are going to be coming 8 online, probably within the next 12 months. 9 We are trying to figure out -- what I want to 10 know is we have to tweak our processes. We have to 11 figure out how to do this. Do you have any 12 suggestions? Can you think of any other processes 13 other than the ones you were following that might 342 14 enhance us? 15 MR. ELKIND: Now wait a second. This is an 16 important thing. I am not trying to be difficult. 17 One of the things I put in my letter to you is he 18 is going to answer questions in his capacity as a 19 former city engineer, community development 20 director for the city. 21 Any answer he gives is in that capacity. He 22 is no longer your director. If he gives you advice 23 - I am concerned about him giving professional 24 advice, if not under the subpoena. 25 COMMISSIONER CANNON: While you were serving 343 89 1 in that capacity as city engineer and later as 2 development director, can you think of any other 3 processes or checklists or anything that could have 4 been employed, or did you feel that all of the 5 processes had been used at the time? 6 MR. FIELDS: I felt like our processes were 7 very thorough and adequate. I don't know what 8 happened after that to get you to where you are 9 today. 10 COMMISSIONER CANNON: Okay. 11 THE MAYOR: Further questions for Mr. Fields? 12 DEPUTY MAYOR: Mr. Fields, we are dealing with 13 some structural problems at the Lake Jesup plant. 344 14 Do you recall the construction company, the name of 15 that company that actually built the plant, because 16 nobody else does? Do you know the name of that 17 group? 18 MR. FIELDS: I don't know. If I heard it I'd 19 remember it. 20 DEPUTY MAYOR: Contract awards, okay. 21 THE MAYOR: Any further questions? 22 Gentleman, although -- 23 MR. ELKIND: Mr. Mayor, Mr. Smith knows the 24 name. 25 MR. SMITH: To the best of my recollection, 345 90 1 the name of the company is Killibrew, and I am 2 embarrassed to tell you I remember that because of 3 Harmon Killibrew of the Minnesota Twins. A 4 separate crew that built the enforced part of the 5 project. 6 THE MAYOR: With that being said, as the Mayor 7 I would like to thank both of you for your service 8 to the city. Thank you Mr. Elkind for your 9 professional services to your client. 10 This device is challenged with -- with that 11 being said, this dais is challenged with attempting 12 to fix a number of issues that our community is 13 facing. 346 14 Although, the facts how are that the 15 augmentation plant is not working. We do have a 16 great deal of work to do. We are over our CUP. We 17 have other issues. With that being said, I 18 appreciate your time. It is valuable. We 19 appreciate your service. 20 COMMISSIONER CANNON: Can I just ask one more 21 question? 22 THE MAYOR: Yeah. 23 COMMISSIONER CANNON: Brian, did you have 24 participation in the decision not to do the 2008, 25 2010, 2012, 2014, every other year to extend the 347 91 1 reuse lines? Did you participate in any of those 2 discussions or decision making? 3 MR. FIELDS: I recall there wasn't funding to 4 extend those lines. It wasn't a matter to choose 5 to do it or not. As I recall it was the money 6 wasn't there. 7 COMMISSIONER CANNON: The coffer shows that 8 there was many millions of dollars in the utility 9 fund that still haven't been used. Were you 10 involved with that or was that more Kip involved in 11 that department? 12 MR. FIELDS: I wasn't involved in considering 13 implementing those phases. 348 14 MR. MAYOR: We are finished with the three of 15 you gentleman. Thank you very much. 16 MR. ELKIND: May we be excused? 17 THE MAYOR: Yes. That opens us up to 18 discussion. Commissioner Kendrick is here. But we 19 do have to have a discussion about the letter of 20 Mr. Jones, which now, it is very thick. 21 But now that I have had a chance to read it 22 and the inclusion in the record because it is -- we 23 need -- I would like my fellow commissioners to 24 read that letter. Because whether we accept it 25 into the record or not and whether it comports with 349 92 1 our rules of decorum is questionable. 2 I would like you guys to look at that. It is 3 attacks against me, personally, and some of the 4 other commissioners. If we wouldn't allow that to 5 take place in our chambers, we need to discuss this 6 at some point. We do have commission Kendrick 7 here. So I would like to hear him. 8 You can step forward, commissioner. 9 THE CLERK: He wasn't issued a subpoena. 10 THE MAYOR: Thank you. I do not have that on 11 my records. So Commissioner Kendrick was not 12 issued a subpoena like many others were. 13 CITY ATTORNEY: He was not on the list. 350 14 THE MAYOR: Oh. I apologize. There seems to 15 have been a little breakdown there. So 16 Commissioner, if you will give us a couple of 17 minutes to have a discussion. Then we will be 18 opening up for public input, which you are more 19 than welcome. Give us a couple of minutes. 20 This brings us back to discussion. 21 COMMISSIONER CANNON: There is no other 22 witnesses. I assumed he had been tendered a 23 subpoena. If that is not the case, that is fine. 24 THE MAYOR: I just want to take a minute to 25 allow myself and the commissioners to read the 351 93 1 September 20, 2021, letter that was hand delivered 2 to us by Attorney Jones at the beginning of this 3 commission meeting, particularly the first four 4 pages his letter. 5 DEPUTY MAYOR: With all due respect, it is 6 going to take a half an hour. My question would be 7 can we postpone adding this into the record until 8 our next commission meeting, once we have had the 9 opportunity to address the contents? 10 COMMISSIONER CANNON: I am fine with that. 11 COMMISSIONER HALE: I have a question. The 12 letter, the first letter, doesn't look like it fits 13 our rules that we adopted at the beginning of the 352 14 meeting. But I am concerned that on into the 15 document are some of our questions that we have 16 asked for answers. 17 Can we -- so we have to just discuss it at our 18 next meeting. 19 COMMISSIONER ELLIOTT: I would rather have 20 more time to digest this document. 21 COMMISSIONER CANNON: We need to digest this, 22 so we haven't formally accepted this into the 23 record, this letter, this whole packet. We are not 24 finished with this tonight, because some other CPH 25 people are going to be coming later. So Anthony -- 353 94 1 if I may, Mayor, can I ask a -- 2 THE MAYOR: Please. 3 COMMISSIONER CANNON: We don't have to accept 4 this into the record tonight. Can we delay 5 accepting? 6 CITY ATTORNEY: You are probably going to need 7 more time to review this and digest it. At least 8 for the purpose of tonight's meeting, counsel, 9 Mr. Jones, has arrived. He appeared before the 10 commission. He advised you that he is representing 11 several of the individuals subpoenaed. 12 He advised them not to attend this proceeding. 13 Putting his reasons and argument aside as to why, 354 14 that is one thing. But the record needs to reflect 15 that Mr. Jones has appeared before the commission, 16 advised the commission he advised his clients not 17 to appear. 18 In addition, he has also advised the 19 commission that one of his clients, Kip Lockuff has 20 prepared, according to Mr. Jones, responses to 21 questions. 22 And at the very least, I think you need to 23 accept, based on the representations of Mr. Jones, 24 accept, at least for now, the response to the 25 questions that he claims were prepared by Mr. 355 95 1 Lockuff. So there is some aspect of this, which I 2 think, are in the record. 3 MR. JONES: I want to add that that letter 4 explains the reason my clients are not here and 5 explains why I don't believe lawfully issued 6 subpoenas have been issued here. 7 If this commission is going to seek to enforce 8 those subpoenas before a criminal court of law, 9 everything in that letter is going to happen, the 10 discovery process. I am going to take depositions. 11 Further discovery requests. I am going to do all 12 of that and that needs to be in the record here. 13 COMMISSIONER CANNON: So I am prepared -- you 356 14 know what, I think we need to some time to confer 15 with you, Anthony, on this and not take any action 16 tonight. There are three pages of questions and 17 answers by Mr Lockuff. 18 By accepting that, I am certainly not, I don't 19 know what the rest of commission is inclined to do. 20 But one thing that has become very apparent today 21 is that Mr. Lockuff, as your utilities director, 22 has more knowledge on the reuse lines and plants. 23 That is what the last two witnesses indicated, 24 that he would be the person with the most 25 knowledge. And these three pages of questions and 357 96 1 answers is a little bit helpful, but there is other 2 information we need to ask him other than that. So 3 I would prefer, I think Deputy Mayor said, if we 4 could postpone making a decision on whether to 5 accept this letter, this whole package into the 6 record tonight, unless you tell us. 7 CITY ATTORNEY: I don't know how you do that. 8 With all due respect to the commission, the Mayor 9 prefaced this meeting by stating that each of the 10 witnesses have a right to counsel and a right to 11 state objections. 12 So I haven't read this letter in its entirety. 13 Clearly subpoenaed individuals have a right to 358 14 counsel. Mr. Jones is saying his letter comports 15 to state objections, which I think they are 16 entitled to make. 17 In addition, he claims that Mr. Lockuff has 18 presented some answers, at least in writing, to 19 some of the questions based on Mr. Jones' 20 representation. I don't see a signed document here 21 by Mr. Lockuff to any stretch of the imagination. 22 Your prior two witnesses have likewise 23 provided written responses. So if Mr. Lockuff has 24 indeed provided responses -- we are going on 25 Mr. Jones' representation. I don't see why you 359 97 1 can't accept them either. Accepting this document, 2 all I know it is represented to you by counsel. He 3 stated objections. You may not like the 4 objections, but he stated objections. 5 I would like to point out to the commission 6 that the scope, all of the rules you put into place 7 was not provided with any of the subpoenas to 8 anyone prior to tonight. 9 The is the first I've heard of any of it, the 10 scope and where we were going with this. How am I 11 supposed to advise a client to come here to this 12 commission without any rules whatsoever, any 13 boundaries. 360 14 This commission could have handled this in an 15 entirely different fashion. You chose to make this 16 a court case and issued subpoenas and ask nothing 17 but leading questions to get desired answers. 18 THE MAYOR: Sir? 19 MR. JONES: This could have been handled 20 differently. 21 THE MAYOR: Sir? Thank you. 22 COMMISSIONER CANNON: I make a motion to 23 adjourn this. We are not completed with this 24 investigation. We are going to have another day. 25 Then i make a motion that we take no action on the 361 98 1 September 20, 2021, letter submitted by Mr. Jones 2 at this time; that we revisit that when we have the 3 next set of witnesses to come in and we can take 4 action at that time. 5 Hopefully, Mr. Lockuff will come in like Mr. 6 Smith and Mr. Fields did and read his answers into 7 the record and help to shed some light as probably 8 the one person with the most knowledge on all this. 9 DEPUTY MAYOR: I have a question for Mr. City 10 Attorney. If we accept the questions at the very 11 end of all of this, is this intended to be the sole 12 testimony of this particular witness? 13 THE MAYOR: No. 362 14 CITY ATTORNEY: No. As I mentioned early on, 15 the subpoena powers of the commission, as stated in 16 the charter. Subpoena power is not limited to 17 written questions, written answers. Attendance, 18 and testimony is contemplated within the subpoena 19 powers under the charter. 20 THE MAYOR: We are going to enter this into 21 the record. I believe we are done with Mr. Brown 22 for this evening. 23 MR. JONES: I have one question. You may 24 recall when they were reading questions and 25 answers, there were more questions than answers on 363 99 1 their form than what you have. So the group of 2 questions that I submitted are not in the packet. 3 I'm sure you can get your hands on those. 4 MR. JONES: I can make a request for them. 5 COMMISSIONER ELLIOTT: Right. Right. There 6 is probably twice as many questions than are on 7 here. That makes it easy for me. 8 MR. JONES: I will find out how Mr. Elkind 9 obtained those questions. 10 THE MAYOR: Is there a motion we are accepting 11 this whole packet into the record? 12 COMMISSIONER CANNON: No, we are not accepting 13 it into the record. My motion was to defer any 364 14 action on it. We have no more business to do 15 tonight because we have other witnesses we have got 16 to reschedule with CPH and hopefully other 17 witnesses. 18 MS. JONES: I am going to object. 19 THE MAYOR: Sir, you are not being 20 acknowledged. You are not being acknowledged. 21 COMMISSIONER CANNON: I am sorry, 22 commissioner. Thank you for the clarification. I 23 make a motion that we take no action on it tonight. 24 We are not done with this hearing. We are at least 25 going to have another date where we are going to 365 100 1 have to do some of the other witnesses. And so -- 2 THE MAYOR: A motion appears to be made by 3 Commissioner Cannon give the commission time to 4 read through the packet. Is there a second? 5 COMMISSIONER HALE: There is probably 30 to 6 50 pages here. 7 THE MAYOR: Is that a second by Commissioner 8 Hale? 9 COMMISSIONER HALE: Yes, a second. 10 DEPUTY MAYOR: Just one more bit of discussion 11 on this for the city attorney. As you know I am 12 clearly very uncomfortable having this document 13 entered into the record when there is no way any of 366 14 us could have possibly read it. 15 So what -- please give me some clarity on 16 this. If we decide to wait and read it and then 17 revisit this, are we on a good legal standing doing 18 that. 19 CITY ATTORNEY: I think the record reflects 20 very clearly tonight that Mr. Jones appeared on 21 behalf of his clients, as stated in this letter. 22 He has advised his clients not to appear in 23 response to the subpoena. 24 That is clearly on the record. In furtherance 25 of his advice, he has submitted to the commission 367 101 1 his letter on his letterhead dated September 20, 2 2021. What the city commission does with this 3 letter is probably subject to the commission having 4 ample time to review it and then discuss it at a 5 later date. 6 In fact, I believe the Mayor's opening preface 7 said that, that there are certain noncompliance 8 issues with the subpoena, the commission thinks is 9 not compliant. The commission can consider what to 10 do a later date. I think that is a matter of 11 course. I think that is the point the commission 12 is making. 13 DEPUTY MAYOR: Is a vote necessary to give us 368 14 time. Do we -- a motion has been made and 15 seconded. Do we need to vote? 16 CITY ATTORNEY: That's up to the commission. 17 If the commission wants to make the record clear 18 that they are going to review this letter and take 19 it up amount a subsequent meeting, a motion can be 20 made. 21 Basically, it's a procedural decision by the 22 commission in my view. 23 THE MAYOR: A motion has been made by 24 Commissioner Cannon and seconded by Commissioner 25 Hale. Christian? 369 102 1 THE CLERK: Commissioner Benton? 2 COMMISSIONER BENTON: Aye. 3 THE CLERK: Commissioner Cannon? 4 COMMISSIONER CANNON: Aye. 5 THE CLERK: Deputy Mayor Johnson. 6 DEPUTY MAYOR JOHNSON: Aye. 7 THE CLERK: Commissioner Hale? 8 COMMISSIONER HALE: Aye. 9 THE CLERK: Commissioner Elliott? 10 COMMISSIONER ELLIOTT: Aye. 11 THE MAYOR: Okay. Moving forward. Is there 12 further discussion before we move forward to take 13 appropriate -- are we going to wait for CPH. I 370 14 just want to make sure I have a clear understanding 15 of the next steps we are taking. 16 We are going to have an opportunity to read 17 through the large packet provided by Mr. Jones. We 18 are going to schedule time to meet with and hear 19 from CPH. And then the discussion will continue at 20 that point. 21 COMMISSIONER CANNON: I think the city 22 attorney should reach out to the attorneys for CPH 23 and any other attorneys that have appeared and 24 discuss whether or not anyone else will appear or 25 not and give us a briefing on what to do. I don't 371 103 1 think we can make a decision tonight other than, 2 obviously, we have heard from two witnesses and 3 there is others that we need to hear from and try 4 to figure out. 5 CITY ATTORNEY: Mr. Hammer said his clients 6 will attend. He references in the record that they 7 would arrange a mutually convenient time for his 8 clients to respond to the subpoena. 9 I am happy to reach out and followup on that 10 to see what is a mutually convenient time and 11 advise the manager and commission accordingly. 12 In addition, Mayor, I believe you mentioned 13 it, but copies of the subpoenas are in the record 372 14 as well as certificates of service are in the 15 record for this proceeding. 16 THE MAYOR: Okay. Without further discussion, 17 we will move onto public input. I have two blue 18 forms. As is customary, this opens this portion of 19 the meeting for the residents to be heard. When I 20 call your name, state your name and address 21 clearly. Please do not address individual 22 commission members or myself. 23 Be respectful and do not use disparaging 24 language. If I do not already have a blue form and 25 you choose to speak, would you please make sure you 373 104 1 fill out a blue form before you leave? Thank you. 2 Let's start with former Mayor Paul. 3 AUDIENCE MEMBER: Thank you, Mr. Mayor. Good 4 evening members of the commission and city 5 attorney. I appreciate this tough situation. But 6 what I would like to do is -- first of all, Paul 7 Partyka, 404 Park Lake Drive, Winter Springs. 8 Rhetorically, what I would like to say is 9 why -- why was this process initiated this way? 10 Why, in terms of the process and the reasoning 11 behind this, why was it done this way? As you can 12 see, it puts everyone on a very defensive position. 13 It is a travesty of the process for finding 374 14 solutions. 15 Why could not a workshop be called and invite 16 the people in attendance. I am a former elected 17 official and current resident, and I listened to 18 all this and am embarrassed about how this process 19 was done. Rather than a cordial situation, it has 20 been become adversarial versus being collaborative. 21 Furthermore, why now. 22 If there was an issue, this could have been 23 handled way before this. We have commissioners on 24 this dais going back as early as 2014 and 2016 and 25 2018. So why do we put ourselves in such an 375 105 1 adversarial position? Because people, when they 2 get a subpoena, become defensive. Let me make a 3 suggestion. It is never too late to change things. 4 Why not, at this point in time, retract all of the 5 subpoenas? 6 Why not invite everybody into a workshop or as 7 some people said lunch one on one or two on one, or 8 two on two, whatever you want to say and get to a 9 situation where people are collaborative in trying 10 to find the solution to this problem. Think about 11 it for a second. 12 You as a commission can change the process. 13 You have experienced this now first time. I have 376 14 never been through this. But I know one time, 15 everybody is nervous. You can talk about what kind 16 of questions you can ask. 17 This is a very, very unique and unusual 18 process. Get back to cordiality. Get back to 19 collaborative help in finding solutions. So my 20 suggestion would be is we retract all the 21 subpoenas, get back to where these people want to 22 help. 23 I think you have heard that. Why not give 24 them a chance for all of us to find a solution. 25 That is my suggestion. Thank you very much. 377 106 1 Thank you Mayor. 2 THE MAYOR: Commissioner Kendrick. 3 AUDIENCE MEMBER: Thank you, Mr. Mayor, 4 commissioners. Thank you. It has been a long time 5 since I've been here. Geoff Kendrick, 1184 6 Trotwood Boulevard, Winter Springs, Florida. I 7 echo Mayor Partyka's sentiment. 8 This is really frustrating. I never would 9 have believed this process can be occurring in my 10 city. And I am only addressing the commission when 11 I say that this commission has collapsed in the 12 past ten months. 13 I don't know what happened or where it came 378 14 from? But it has happened. We are bordering on 15 misuse of power, and it must stop. Let's talk 16 about it, misuse of power. 17 Let's imagine 35,000, 37,000 Winter Springs 18 residents wake up one morning and they say, my city 19 commission has the ability to subpoena me at no 20 fault of my own, against my will, at my own 21 expense, and for any reason whatsoever. 22 It doesn't matter. They can make it up. On 23 top of all that, if they choose not to comply, 24 meaning the citizens, they can be fined, imprisoned 25 or both. How does that sit with you guys? It is 379 107 1 disgusting. The fact that we are even here is 2 disgusting. If you want to fix the problem, sit 3 down. Hire an independent agency. Get it 4 inspected. Bring it back with staff. Present it 5 to the commission. Find a remedy. This is not 6 hard. 7 I mean, we were moving, from my perspective, 8 in the right direction, and we have come to this 9 point in ten short months. What has happened? 10 Instead of our commission choosing to create -- I 11 mean -- excuse me. 12 Instead of trying to find a resolution, we 13 have created a theatrical performance on the 380 14 taxpayers' dime. The sole purpose is self 15 promotion and to deflect blame, and you know it. 16 To deflect blame from one or more 17 commissioners who have had the access to this 18 information for seven years and done nothing. The 19 real question is, why weren't one of you 20 subpoenaed, who has been here the whole time? 21 There is a commissioner on this dais that has 22 been here since 2014. That commissioner was not 23 subpoenaed for this. That commissioner had all of 24 this information, and did nothing with it until 25 now, until the cup runneth over, excuse my pun. We 381 108 1 never had this problem before. Why now? Thank 2 you. 3 THE MAYOR: Anyone further? 4 AUDIENCE MEMBER: My name is Gina Shafer. I 5 live in Winter Springs Village. I first want to 6 thank you commissioners and city manager for trying 7 to handle all of the water problems in the city. 8 As a Winter Springs Village resident, when I 9 moved into the Winter Springs Village almost eight 10 years ago, I was told that we would be hooked up to 11 reclaimed water for our irrigation in order to keep 12 our HOA dues from going up. 13 At this moment, we are still not hooked up. 382 14 My second question as a taxpayer is why did the 15 city manager for the department of public works not 16 keep a running table on the water use and 17 consumption for new development and making this 18 information to the past city counsel. 19 I worked in retail and for years we had to do 20 year-to-date projects. We had a five-year run in. 21 We knew five years out what our projection for our 22 next sales were supposed to be. 23 Why did our local departments not have 24 something like that in use for future projects and 25 for the reclaimed water? I lived in Avery Park in 383 109 1 early 2000. That was the newest development and 2 touted as the place to be and what the Winter 3 Springs Village would one day be. Back then we had 4 two meters, one for water and one for our lawns, 5 and it was public utilities. 6 A lot has been written on social media and a 7 lot of false information has been out there. And I 8 want to thank you for giving some sunshine. And I 9 know that some people are not happy about their 10 subpoena. 11 I say this, meeting somebody and having lunch 12 with them is not letting the public know what 13 actually happened. I also think that the 384 14 commission should have listened to public input at 15 the very beginning of this meeting. It was on the 16 agenda. 17 And if you want to go by Robert's Rule of 18 Order, which I am follower, you deviated from that, 19 and I am kind of disappointed because I only get 20 three minutes. Usually you would get six minutes 21 in a meeting. I got three. 22 I am a little disappointed because maybe those 23 other gentleman would have heard what I had to say. 24 Thank you very much for your time. 25 THE MAYOR: Thank you, Ms. Shafer. 385 110 1 Anyone else? 2 AUDIENCE MEMBER: Art Gallo, 199 Nandina 3 Terrace. I hadn't planned to say anything tonight. 4 As a resident, I am just very curious, like 5 everyone else here, never been through a subpoena 6 process. 7 Appreciate the words of Mayor Partyka. I 8 understand where you are coming from. I don't know 9 if doing the subpoena was the right way or the 10 wrong way. But I do know as a resident, it is all 11 out here in the open. We are hearing what is going 12 on. 13 It is part of the sunshine process. So I am 386 14 not saying it is good or bad. I am thinking from 15 my perspective at least I am hearing what is 16 happening, which I couldn't if we did it over a 17 lunch. That is not to say you wouldn't get the 18 answers over a lunch; you could still do that. 19 But the residents, who are the taxpayers that 20 put in the $1.5 million or $3 million, have a right 21 to know. I think just the fact that it is open, 22 and you are willing to do that, is good. 23 Again, I do think the subpoena process is 24 difficult, but it is a fact of how you do business. 25 It is something the commission was given the power 387 111 1 to do. And it is keeping it open to the public 2 where it needs to be. A workshop is nice, but not 3 everybody attends workshops. I think this is the 4 best commission and mayor this city has ever had. 5 You have always been honest with the public. You 6 have always tried to be open and do the best thing 7 for the city residents. 8 I am not a Facebook guy or a social media guy. 9 I think it is the worse thing that has ever 10 happened to this world, given all the problems you 11 see we are having. People don't read. They don't 12 do their own research. 13 They believe what is on Twitter. They believe 388 14 what is on Facebook. I believe everyone has to do 15 their own homework. You've got to read everything, 16 not just one place. You have got to look at 17 everything and get the truth. 18 And I think this subpoena is one way to get to 19 the truth and do it in the open. And it is 20 something that you are given the power to do. I am 21 glad now that I am sitting standing here talking to 22 you that maybe it had to be done. 23 If you want to pull it that is up to your 24 discussion, if you think you can make better 25 process in a meeting. I don't know if you can. I 389 112 1 don't know if it is worth it. I appreciate being 2 able to come and listen. And to those folks on the 3 other end of the line that they can hear it too and 4 certainly go in later and do their own research and 5 get to the truth. This is how you do it. Thank 6 you. 7 AUDIENCE MEMBER: Ron Nichols (phonetic). 8 1036 Morning Moore (phonetic) Circle, Winter 9 Springs. So I have been following this for quite 10 some time. I have to say I am highly disappointed 11 with the direction of this commission. 12 In my mind you created a very hostile 13 situation as was stated by former Mayor Partyka, 390 14 and I agree with him 100 percent. I used to come 15 here a lot, you know, during the Meglamore 16 (phonetic) days and the Kevin Smith days, in the 17 early days. 18 Granted I haven't come here more lately. But 19 the fact is, I spoke to Kip a lot of times. 20 Sometimes we agreed; sometimes we disagreed. But 21 you know what, this guy was sharp. He was highly 22 competent in a technical point of view that I don't 23 think anybody here can duplicate. 24 I'm sorry, that is just the way it is. The 25 thing is you have to appreciate people's technical 391 113 1 abilities, and Kip was one of them. I am not 2 saying everything was right. And I am not sure 3 about everything. But, again, I think you created 4 a very hostile situation. I am angry about this 5 reclaim system. 6 In my mind you were basically telling he is 7 guilty, no matter what. Instead of opening up your 8 mind. Hey, let's give Kevin Smith a call. Let's 9 give Kip a call. For example, the sewer system on 10 the west side, right, it failed, right? Boom -- 11 boom -- boom. 12 I would have called Kip, whether you liked 13 either him or not. This is what I heard. You were 392 14 just opening and closing a value, see what happens. 15 You said that right here. Is that the right way to 16 approach it? No. 17 Well, let's open up this valve. Let's open up 18 this valve and see what happens. It doesn't work 19 that way. I am sorry. I am very, very 20 disappointed. I think this could have been solved 21 in a very cordial manner. 22 But I am very disappointed with the direction 23 that it has taken. This should never have happened 24 this way. I bet you have gotten a lot more answers 25 to help you as a whole. And I think, personally, 393 114 1 you may not like this, but you are looking for a 2 smoking gun by trying to corner Kevin with certain 3 questions because I didn't care for the fact that 4 you are asking all these questions that should have 5 been submitted to Kevin Smith in the first place. 6 All right. What did this commission say a 7 while ago? Oh, all these questions are only going 8 to take 5, 15 minutes. What time is it now? I am 9 sorry. I am just upset about that. But those 10 mistakes that are made. 11 Look, I know you like to be loved. I like to 12 be loved too. I personally don't care who loves 13 me, who hates me. But look, you know, I think 394 14 there is sometimes too much focus on, like, you 15 can't do no wrong. 16 And look, everyone makes mistakes. I make 17 mistakes. Everyone makes mistakes. But I just 18 thought that the tactics here were disgusting. 19 Thank you for your time. 20 THE MAYOR: Anyone further? No one further? 21 Then I would remind residence please fill out a 22 blue firm and leave it with the city clerk. And if 23 there is no further -- Commissioner Benton? 24 COMMISSIONER BENTON: Can I speak? 25 THE MAYOR: Absolutely. 395 115 1 COMMISSIONER BENTON: I appreciate those that 2 showed up for the subpoenas tonight. A lot of what 3 was talked about tonight was concerning a June 12, 4 2017, commission meeting on item 301 on the consent 5 agenda. 6 I think maybe our commissioners might have 7 paid more attention to that, if that meeting had 8 lasted longer than 17 minutes. That is how long 9 the whole meeting lasted. All of those questions 10 that came up tonight were about what was discussed 11 in a meeting that lasted 17 minutes; that's all. 12 THE MAYOR: Commissioners, anything further? 13 DEPUTY MAYOR: I just want to make a comment 396 14 for discussion that we should have gone ahead and 15 reached out, sit down with some of the individuals 16 who were subpoenaed and try to work out the 17 problems. Well, my comment would be, we are 18 working on the problems currently. We have an 19 excellent city manager. 20 We have excellent staff. We were backed into 21 a corner, and we had to find solutions. We are 22 solving the problems. We are currently working on 23 the Jesup Reclaimed Augmentation Plant. 24 In 18 months we will have a reclaimed water 25 main from the west side of town to serve the east 397 116 1 side of town. We are doing that. We have two 2 sewer plants, waste water treatment plants that are 3 literally falling apart. As recently as last night 4 our crews were out there patching the east side 5 plant. These are things we inherited, but we are 6 diligent in solving problems. 7 There has been comments that this group has, I 8 guess, gone into the abyss or something, but I 9 would argue otherwise, because everyone sitting up 10 here is doing the best they can to address all of 11 the problems. They are significant problems, quite 12 frankly, we inherited. 13 I think when it cycles back to the Lake Jesup 398 14 plant, my biggest concern was the apparent lack of 15 communication from when the documents indicate to 16 the commission that was up here at that time. 17 It seems like to me that years went by, and I 18 don't believe the commissioners were aware of 19 various problems that were going on at that plant. 20 When it comes to communication, as many of you 21 know, before I sat up here, I attended nearly every 22 meeting. 23 They started at, I think, 5:15 or 5:30 so I 24 was always late. I tried to make every meeting. I 25 honestly think the commissioners were not aware of 399 117 1 some of very important information that we are now 2 trying to have clarity on. As a taxpayer, I would 3 like to have a clear understanding of a plant, a 4 plant that started functioning in 2013, stopped 5 functioning in 2013, and according to this 6 documentation was patched together and functioned 7 for a while in 2017, then stopped again. 8 That is a significant amount of taxpayer 9 money. And I think me along with the near 37,000 10 other residents are entitled to some explanation as 11 to what happened and why did it go on so long. 12 As far as the process, the city charter 13 permits us to approach it in this manner. The 400 14 entire commission agreed to pursue it in this 15 process. Thank you, Mayor. 16 THE MAYOR: Commissioner Hale? 17 COMMISSIONER HALE: Onto what Ted - 18 Commissioner Johnson said and another comment I 19 remember hearing, I believe, I heard we are not 20 allowing people to have their own voice to defend 21 themselves. 22 I personally felt that this is how we can make 23 sure that they have their voice heard. I am not a 24 political person. I know that sounds -- whatever, 25 but I can assure you I love our city, and I want 401 118 1 open communication. It is hard when everything is 2 politicized. This is our way of making sure we can 3 do it in the sunshine for our residents to be part 4 of it. That is all I want to say. I love our 5 city. 6 I feel like this is an opportunity for 7 everyone to be able to come together and help. I 8 am sorry if their feelings were defensive. But I 9 love our city. I love all of our residents here 10 so. 11 THE MAYOR: Commissioner Elliott? 12 COMMISSIONER ELLIOTT: Speaking for myself, I 13 can't speak for the entire commission, but I am not 402 14 looking for a smoking gun or blame. I am just 15 looking for information. I was not around when any 16 of this was going on. 17 I was just "Joe citizen" sitting out there 18 fat, dumb, and happy and not having any idea that 19 some of these things were going on. A few days ago 20 I was out at the west treatment plant. 21 When you can poke your finger through 22 quarter-inch steel, you have got a problem, just 23 one of the many problems that most folks don't even 24 know. But there is some serious issues going on in 25 this city that this commission being faced with. 403 119 1 We are not going to kick the can down the road. 2 These proceedings in my mind were strictly for 3 information. 4 I just don't want to repeat the problems, the 5 situations, the issues now that some commission ten 6 years down the road is going to have to put up with 7 because of something I did or didn't do. 8 When I started off these proceedings this 9 evening, the mayor was kind enough to let me say a 10 quick prayer. If you remember what I said, which 11 is these commissioners can be enlightened to the 12 point with your guidance we could not repeat and 13 oversights, past oversights, miscommunications or 404 14 uninformed discussions. 15 That is what it is all about. Whether or not 16 you agree that it is through he subpoena process or 17 sitting down and having lunch or having a workshop, 18 that is your personal opinion. 19 The fact that at least some of the folks here 20 think that bringing it out in the sunshine is part 21 of the reason I agreed to it so that people do 22 understand what has happened in the past. But as 23 far as pointing the finger and looking for blame, a 24 smoking gun, that is not my intention. 25 We just want to make sure that we understand 405 120 1 what happened, we try to figure out how to fix it, 2 and we sure as heck don't repeat it and do it again 3 because it is not fair to the rest of Winter 4 Springs. 5 THE MAYOR: Commissioner? 6 COMMISSIONER CANNON: I am not looking for a 7 smoking gun. And contrary to what people are 8 accusing me of, this is not a witch hunt. That is 9 not the fact at all. 10 This whole concurrency thing, when new 11 development comes into the city, and they want to 12 be approved, the city staff and engineers and so 13 forth, have to tell us commissioners if there is 406 14 enough water and sewer and the roads and the whole 15 nine yards. 16 So right now, we learned that we were over our 17 CUP for last year, beginning of this year. Shortly 18 thereafter we had water emergency, right? The 19 plant, the reuse -- the sewer plants and so forth 20 are in really poor disrepair. That is what it is, 21 okay? 22 My biggest thing, and I have said it several 23 times, I have a suspicion that whatever process we 24 have been using for this water concurrency and this 25 sewer concurrency and so forth, whatever process we 407 121 1 are using hasn't worked. There has got to be a 2 flaw in it. Because for every one -- and even 3 Brian Fields and Kevin Smith, everyone is like, 4 okay -- and I went back and looked through all of 5 these land use, you know, when we would be looking 6 at a final site plan and the city engineers and so 7 forth are saying yup, we have got adequate water 8 and sewer, all right? 9 So the commission approved all of these 10 different projects. And as sure as I am talking 11 and breathing in the future there will be more 12 development projects come to the city. It is a 13 dynamic process. 408 14 But right now we have got independent living 15 facilities, we've town homes, we got more homes 16 that are -- literally all of these are going to be 17 coming online within probably the next 6 to 18 12 months, and it is many millions of gallons. 19 It's like, I think about 30 million gallons 20 that is more demand on our water system. And right 21 now all indications are for 2021 we are going to be 22 over the CUP. 23 So what I have said and what I am going to 24 continue to say is we have got to evaluate whatever 25 processes we would use for the concurrency 409 122 1 analysis, right, for water and sewer. The fact 2 that we were over the CUP last year and we are 3 likely going to be over the CUP this year and 4 probably more next year, we have got to figure out, 5 is there a flaw in that whole review process on 6 concurrency. Because the facts are what they are, 7 okay. 8 I mean, something went off -- and I use the 9 expression -- something went off the rails with the 10 water concurrency. And so I know Mr. Lockuff, 11 Mr. Fields, I hold all of these men in high regard, 12 I do. 13 Brian just told us they kept a detailed 410 14 analysis of how much water do we have and how much 15 have we already committed to? This is what we need 16 to have Kip shed light on. And we need to look at 17 whatever process we follow, and I think we need to 18 tweak it or make some adjustments to it. 19 You know you have got some technical 20 engineering on that plant and the rehab of the 21 plants and the new plants that is technical 22 engineering stuff. But what concerns me is how 23 have we been doing our water and waste water 24 concurrency analysis? 25 The fact that we have gotten it so wrong here, 411 123 1 we have got to reevaluate that because it is going 2 to take so many years or months to put all these 3 plants in and all the lines. That is an 4 engineering, construction timeline thing. That is 5 not much we can do with that other than we are 6 approving all the contracts and we are moving 7 forward. 8 My biggest concern is that as new people, new 9 projects want to come into our city, we have got to 10 make sure that whatever this water concurrency 11 process of review that we have been using, that it 12 is going to work because the physical anecdotal 13 evidence is it hasn't worked, right? 412 14 And that is what I am trying to find out, 15 which is the reason why I asked Mr. Smith and Mr. 16 Fields, hey, have you got any suggestions. And I 17 understood their lawyer's objection. And I wasn't 18 trying to put them in an awkward position. 19 You know the definition of insanity, 20 Einstein's favorite is you expect different results 21 when you keep doing the same thing. Right now we 22 are significantly over the CUP, and we are going to 23 be even more so when these new buildings come 24 online shortly. 25 The question is we have to quickly evaluate 413 124 1 what these processes are that brought us to this 2 point and, you know, maybe the system that we have 3 been using -- I mean anecdotally, if we are over 4 the CUP but we were keeping a detailed record, how 5 are we still over the CUP, which is what I said 6 from the dais, if you all remember. 7 How can that be? How can we be over the CUP? 8 I know I asked multiple times asked and I know 9 commissioner Kendrick is here, how are we over the 10 CUP? Oh, yeah, we are fine on the CUP, right? And 11 all of the reports that were submitted to us for 12 approving all of these developments, Integra, The 13 Rise, The Blake, The Hawthorne, all of these 414 14 projects, Tuscaloosa Crossing, yeah, we are fine, 15 adequate water and sewer. 16 Then all of a sudden we don't have it. 17 Obviously, there is something -- and if some 18 mistake in calculations were done or whatever, so 19 be it. But we have to figure out where this 20 process -- and it is really a staff process because 21 none of us are engineers. 22 And it is up to the city manager, and the 23 utility and department heads to crunch these 24 numbers and keep track of this stuff. But, 25 obviously, something is not functioning. And we 415 125 1 don't have the luxury of just staying the course 2 and doing what we have been doing because -- and 3 expecting a different result because that is not 4 going to happen. That is Einstein's definition of 5 insanity. 6 And so anybody who was offended because of the 7 subpoenas, I personally will apologize right now. 8 I wasn't trying to offend anybody, okay? This is a 9 very serious matter that we have that is 10 confronting us. It involves many, many millions of 11 dollars. 12 It has the impact of slowing down or 13 preventing us from approving new development in 416 14 this city. This is a grave matter. This is really 15 important. We have got to figure out how suddenly 16 we went so far over the CUP. That is all that I am 17 looking for. 18 That is all I have said from day one. And so 19 Mr. Jones I know you are here. Please tell your 20 clients there is nobody here looking for smoking 21 guns and looking to attack anybody, not at all. 22 What we are trying to figure out is a lot of 23 this goes way back to 2005, I mean, 15, 16 years 24 ago before any of us was up here. We are trying to 25 figure out what was done, what processes were 417 126 1 followed. Somehow, I think, and I may be wrong, 2 but if everyone is keeping track of the CUP, but we 3 are grossly over the CUP, then maybe it was an 4 honest mistake in calculation. I don't know. But 5 we have to figure that out. 6 Maybe if we reach out to some other cities, 7 Shawn and Jason, to see what process they are using 8 to keep track of the CUP and water and sewer and so 9 forth. I still don't know, technically, how our 10 engineers have done it. 11 I know we have a major problem, many millions 12 of dollars are at stake. Delaying developments 13 that are good developments that would be beneficial 418 14 for the city, that is in play here. We don't want 15 to do that. So that is it. 16 So to respond to the suggestions that we are 17 just trying to be malicious, we have got to figure 18 this out. I think it is appropriate to do it here 19 in these chambers, not over lunch. I understand 20 lunch, but several people said they have a right to 21 know. And that's it. 22 So we have the right, not only the right, but 23 frankly, we have the obligation as a commission to 24 do this. 25 Mayor, I respect you immensely. We have got 419 127 1 to get to the bottom of this and make sure that we 2 don't repeat this going forward. And every 3 organization from time-to-time has problems, things 4 that slip through the cracks, and you do that self 5 assessment and you figure out what needs to be 6 done. 7 That is the purpose. That is only the purpose 8 from my perspective and I think from the rest of 9 the commission. We have got to learn from our you 10 can call it mistakes or whatever so we don't repeat 11 them. And that is all this has ever been about 12 from this commissioner. 13 And I think that is saying from all of the 420 14 commissioners up here. You know when something 15 doesn't work, you find out why it doesn't work, 16 where things went wrong and fix it, not just the 17 broken plant but you fix the rest of it. 18 That includes why we need to do the 19 re-extension of the reuse line. I mean, there is 20 lots of things that maybe we should have been 21 moving on a few the years ago. But those are 22 things that are going to take many, many months and 23 years to implement to build a permit. 24 In the meantime, we are in a serious problem 25 right now. So that's it. So if anybody listening 421 128 1 was offended because we used subpoenas, well, I am 2 very sorry. I wish they had come in just like Mr. 3 Fields and Mr. Smith did. It was helpful. I wish 4 the others did the same. I think we would be a lot 5 further along. 6 THE MAYOR: Commissioner Benton? 7 COMMISSIONER BENTON: Nothing. 8 COMMISSIONER HALE: I just have one more thing 9 about having everyone come here, think about it, 10 there is five of us, at an hour a piece one on one 11 we sit down for lunch. 12 I felt like it was a more streamline process 13 also. Remember sunshine law, we can't meet and 422 14 talk about things, so I thought we could meet and 15 talk to all of us. 16 THE MAYOR: If I may speak for myself. My ego 17 is not caught up in this. This is not about -- I 18 think as an individual, I can live and learn, and I 19 try to learn every day. 20 Ms. Shafer's comments about ensuring there is 21 public input at the beginning of the meeting, the 22 mayor and the commissioners input about the 23 subpoenas, I am listening. We are listening. 24 And I am not above and my ego is not big 25 enough that I can't admit, I have really got to 423 129 1 think about that. You are residents. You are 2 involved. You have an opinion. You have been 3 heard. 4 I want you to know you have been heard. I 5 personally learned a lot tonight from the 6 discussion. And the reality is we are well over 7 our CUP. And remember that CUP, that amount of 8 water that we are pulling every year is going down 9 we are allowed to pull. 10 Not only do we have developments coming online 11 that are going to increase it, but the amount we 12 are allowed to pull is going to continue to drop. 13 That is one of the missing keys. 424 14 We are talking about nobody seems to have 15 noticed that. That seems to be clearly one of the 16 issues. The bottom line truth is we did spend 17 nearly $2 million, so half of $3.5 million, so 18 $1.75 million on that plant. 19 It doesn't work. Now, hey, it was only 20 supposed to be used a month or two a year, but it 21 still never worked a month or two a year. So we do 22 have a responsibility to find out how that 23 happened. Moving forward, folks, the city, our 24 infrastructure, this is not the only crisis. That 25 is not what this meeting is about. But our waste 425 130 1 water treatment plants will be in the news folks. 2 The maintenance and the replacement was kicked 3 down the street year after year. I am not blaming 4 anyone. Most likely, I would say the commissioners 5 did not know, were not aware how bad they were, how 6 long ago they were due for replacement. 7 One thing is for sure, this will be in the 8 news, those waste water treatment plants. We need 9 to brace ourselves. We have got a lot bigger 10 problems coming. I am human. To wrap this up. 11 I accept the constructive input, the criticism 12 by the mayor, the commissioner, by the residents. 13 It is valuable. I am all ears. I hear you. 426 14 This dais hears you. We care. The motivation 15 is to do the right thing, to watch out for the 16 taxpayers' wallets, their dollars. This is going 17 to get a lot more critical before it gets better. 18 You have been heard. I appreciate you listening 19 and sticking around and hearing all of us. 20 Is there anything further? 21 We stand adjourned. Thank you all for being 22 here. 23 24 25 427 The following items were directed to be included in the record by the Commission during the Monday, September 20, 2021 City Commission Special Meeting: 428 CITY COMMISSION OF THE CITY OF WINTER SPRINGS SEMINOLE COUNTY, FLORIDA SUBPOENA FOR HEARING IN RE: CITY COMMISSION INVESTIGATION OF: 1)City of Winter Springs Lake Jesup Reclaimed Augmentation Plant; 2) City of Winter Springs Consumptive Use Permit #8238 (Ground water for potable use and reclaimed/surface water for irrigation); and 3) City of Winter Springs Consumptive Use Permit # 105763 (Surface water from Lake Jesup and artesian well water for irrigation use) THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS SEMINOLE COUNTY, FLORIDA: TO: Rick Brown 699 Bear Paw Court Winter springs, Florida 32708 YOU ARE COMMANDED pursuant to Resolution 2021-09 of the City Commission of Winter Springs, Florida, dated July 12, 2021, and in accordance with the authority vested in the City Commission under Section 4.11 of the City Charter and Florida law, to appear before the City Commission at City Hall, 1126 East State Road 434, Winter Springs, Florida 32708, on Monday September 20, 2021, at 6:30 p.m. to testify regarding the subject matter of the investigation generally stated above. If you fail to appear, you may be held in contempt of the City Commission. You are subpoenaed to appear before the City Commission and unless excused from this Subpoena by the City Commission, you shall respond to this Subpoena as directed. If you need a special accommodation in order to attend because of a disability, please contact the City Clerk at 407-327-6560 at least two f2 E days r3rior to the meeting,; Dated_ Kevin McCann,Mayor Presiding officer on behalf of the City Commission of Winter Springs 429 CITY COMMISSION OF THE CITY OF WINTER SPRINGS SEMINOLE COUNTY, FLORIDA SUBPOENA FOR HEARING IN RE: CITY COMMISSION INVESTIGATION OF: 1)City of Winter Springs Lake Jesup Reclaimed Augmentation Plant; 2) City of Winter Springs Consumptive Use Permit #8238 (Ground water for potable use and reclaimed/surface water for irrigation); and 3) City of Winter Springs Consumptive Use Permit# 105763 (Surface water from Lake Jesup and artesian well water for irrigation use) THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS SEMINOLE COUNTY, FLORIDA: TO: Brian Fields 185 Nandina Terrace Winter Springs, Florida 32708 YOU ARE COMMANDED pursuant to Resolution 2021-09 of the City Commission of Winter Springs, Florida, dated July 12, 2021, and in accordance with the authority vested in the City Commission under Section 4.11 of the City Charter and Florida law, to appear before the City Commission at City Hall, 1126 East State Road 434, Winter Springs, Florida 32708, on Monday September 20, 2021, at 6:30 p.m. to testify regarding the subject matter of the investigation generally stated above. If you fail to appear, you may be held in contempt of the City Commission. You are subpoenaed to appear before the City Commission and unless excused from this Subpoena by the City Commission, you shall respond to this Subpoena as directed. If you need a special accommodation in order to attend because of a disability, please contact the City Clerk at 407-327-6560 at least two (2)days r)rior to the meeting. Dated Kevin McCann,Mayor Presiding officer on behalf of the City Commission of Winter Springs 430 CITY COMMISSION OF THE CITY OF WINTER SPRINGS SEMINOLE COUNTY, FLORIDA SUBPOENA FOR HEARING IN RE: CITY COMMISSION INVESTIGATION OF: 1)City of Winter Springs Lake Jesup Reclaimed Augmentation Plant; 2) City of Winter Springs Consumptive Use Permit #8238 (Ground water for potable use and reclaimed/surface water for irrigation); and 3) City of Winter Springs Consumptive Use Permit# 105763 (Surface water from Lake Jesup and artesian well water for irrigation use) THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS SEMINOLE COUNTY, FLORIDA: TO: David Gierach, President CPH Engineers, Inc. 500 West Fulton Street Sanford, Florida 32771 YOU ARE COMMANDED pursuant to Resolution 2021-09 of the City Commission of Winter Springs, Florida, dated July 12, 2021, and in accordance with the authority vested in the City Commission under Section 4.11 of the City Charter and Florida law, to appear before the City Commission at City Hall, 1126 East State Road 434, Winter Springs, Florida 32708, on Monday September 20, 2021, at 6:30 p.m. to testify regarding the subject matter of the investigation generally stated above. If you fail to appear, you may be held in contempt of the City Commission. You are subpoenaed to appear before the City Commission and unless excused from this Subpoena by the City Commission, you shall respond to this Subpoena as directed. If you need a special accommodation in order to attend because of a disability, please contact the City Clerk at 407-327-6560 at least two 2 days prior to the meeting,. Dated C Kevin McCann,Mayor Presiding officer on behalf of the City Commission of Winter Springs 431 CITY COMMISSION OF THE CITY OF WINTER SPRINGS SEMINOLE COUNTY, FLORIDA SUBPOENA FOR HEARING IN RE: CITY COMMISSION INVESTIGATION OF: 1)City of Winter Springs Lake Jesup Reclaimed Augmentation Plant; 2) City of Winter Springs Consumptive Use Permit #8238 (Ground water for potable use and reclaimed/surface water for irrigation); and 3) City of Winter Springs Consumptive Use Permit# 105763 (Surface water from Lake Jesup and artesian well water for irrigation use) THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS SEMINOLE COUNTY, FLORIDA: TO: Ken Greenberg 1635 White Dove Drive Winter springs, Florida 32708 YOU ARE COMMANDED pursuant to Resolution 2021-09 of the City Commission of Winter Springs, Florida, dated July 12, 2021, and in accordance with the authority vested in the City Commission under Section 4.11 of the City Charter and Florida law, to appear before the City Commission at City Hall, 1126 East State Road 434, Winter Springs, Florida 32708, on Monday September 20, 2021, at 6:30 p.m. to testify regarding the subject matter of the investigation generally stated above. If you fail to appear, you may be held in contempt of the City Commission. You are subpoenaed to appear before the City Commission and unless excused from this Subpoena by the City Commission, you shall respond to this Subpoena as directed. If you need a special accommodation in order to attend because of a disability. please contact the City, Clerk at 407-327-6560 at least two (2)days prior to the meeting. Dated Kevin McCann,Mayor Presiding officer on behalf of the City Commission of Winter Springs 432 CITY COMMISSION OF THE CITY OF WINTER SPRINGS SEMINOLE COUNTY, FLORIDA SUBPOENA FOR HEARING IN RE: CITY COMMISSION INVESTIGATION OF: 1)City of Winter Springs Lake Jesup Reclaimed Augmentation Plant; 2) City of Winter Springs Consumptive Use Permit #8238 (Ground water for potable use and reclaimed/surface water for irrigation); and 3) City of Winter Springs Consumptive Use Permit# 105763 (Surface water from Lake Jesup and artesian well water for irrigation use) THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS SEMINOLE COUNTY, FLORIDA: TO: Jean Hovey 549 Brookside Drive Winter Springs, Florida 32708 YOU ARE COMMANDED pursuant to Resolution 2021-09 of the City Commission of Winter Springs, Florida, dated July 12, 2021, and in accordance with the authority vested in the City Commission under Section 4.11 of the City Charter and Florida law, to appear before the City Commission at City Hall, 1126 East State Road 434, Winter Springs, Florida 32708, on Monday September 20, 2021, at 6:30 p.m. to testify regarding the subject matter of the investigation generally stated above. If you fail to appear, you may be held in contempt of the City Commission. You are subpoenaed to appear before the City Commission and unless excused from this Subpoena by the City Commission, you shall respond to this Subpoena as directed. If you need a special accommodation in order to attend because of a disabilit,,. ,lease contact the City Clerk at 407-_327-6560 at least two (2) days prior to the meeting. Dated A144,cCl Kevin McCann,Mayor Presiding officer on behalf of the City Commission of Winter Springs 433 CITY COMMISSION OF THE CITY OF WINTER SPRINGS SEMINOLE COUNTY, FLORIDA SUBPOENA FOR HEARING IN RE: CITY COMMISSION INVESTIGATION OF: 1)City of Winter Springs Lake Jesup Reclaimed Augmentation Plant; 2) City of Winter Springs Consumptive Use Permit #8238 (Ground water for potable use and reclaimed/surface water for irrigation); and 3) City of Winter Springs Consumptive Use Permit# 105763 (Surface water from Lake Jesup and artesian well water for irrigation use) THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS SEMINOLE COUNTY, FLORIDA: TO: Joanne Krebs 1002 Taproot Drive Winter Springs, Florida 32708 YOU ARE COMMANDED pursuant to Resolution 2021-09 of the City Commission of Winter Springs, Florida, dated July 12, 2021, and in accordance with the authority vested in the City Commission under Section 4.11 of the City Charter and Florida law, to appear before the City Commission at City Hall, 1126 East State Road 434, Winter Springs, Florida 32708, on Monday September 20, 2021, at 6:30 p.m. to testify regarding the subject matter of the investigation generally stated above. If you fail to appear, you may be held in contempt of the City Commission. You are subpoenaed to appear before the City Commission and unless excused from this Subpoena by the City Commission, you shall respond to this Subpoena as directed. If you need a s;-,ecial accommodation in order to attend because of a disability, please contact the City Clerk at 407-327-6560 at least two (2) days prior to the meetinca. Dated % t Kevin McCann,Mayor Presiding officer on behalf of the City Commission of Winter Springs 434 CITY COMMISSION OF THE CITY OF WINTER SPRINGS SEMINOLE COUNTY, FLORIDA SUBPOENA FOR HEARING IN RE: CITY COMMISSION INVESTIGATION OF: 1)City of Winter Springs Lake Jesup Reclaimed Augmentation Plant; 2) City of Winter Springs Consumptive Use Permit #8238 (Ground water for potable use and reclaimed/surface water for irrigation); and 3) City of Winter Springs Consumptive Use Permit# 105763 (Surface water from Lake Jesup and artesian well water for irrigation use) THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS SEMINOLE COUNTY, FLORIDA: TO: Charles Lacey 1410 Winding Stream Court Winter Springs, Florida 32708 YOU ARE COMMANDED pursuant to Resolution 2021-09 of the City Commission of Winter Springs, Florida, dated July 12, 2021, and in accordance with the authority vested in the City Commission under Section 4.11 of the City Charter and Florida law, to appear before the City Commission at City Hall, 1126 East State Road 434, Winter Springs, Florida 32708, on Monday September 20, 2021, at 6:30 p.m. to testify regarding the subject matter of the investigation generally stated above. If you fail to appear, you may be held in contempt of the City Commission. You are subpoenaed to appear before the City Commission and unless excused from this Subpoena by the City Commission, you shall respond to this Subpoena as directed. If you need a special accommodation in order to attend because of a disability. ,)lease contact the City Clerk at 407-327-6560 at least two i 2 M days_)rior to the meeting;. Dated 6 !V- /.;k A2 Kevin McCadn,Mayor Presiding officer on behalf of the City Commission of Winter Springs 435 CITY COMMISSION OF THE CITY OF WINTER SPRINGS SEMINOLE COUNTY, FLORIDA SUBPOENA FOR HEARING IN RE: CITY COMMISSION INVESTIGATION OF: 1)City of Winter Springs Lake Jesup Reclaimed Augmentation Plant; 2) City of Winter Springs Consumptive Use Permit #8238 (Ground water for potable use and reclaimed/surface water for irrigation); and 3) City of Winter Springs Consumptive Use Permit # 105763 (Surface water from Lake Jesup and artesian well water for irrigation use) THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS SEMINOLE COUNTY, FLORIDA: TO: Kip Lockcuff 2512 Creekview Circle Oviedo, Florida 32765 YOU ARE COMMANDED pursuant to Resolution 2021-09 of the City Commission of Winter Springs, Florida, dated July 12, 2021, and in accordance with the authority vested in the City Commission under Section 4.11 of the City Charter and Florida law, to appear before the City Commission at City Hall, 1126 East State Road 434, Winter Springs, Florida 32708, on Monday September 20, 2021, at 6:30 p.m. to testify regarding the subject matter of the investigation generally stated above. If you fail to appear, you may be held in contempt of the City Commission. You are subpoenaed to appear before the City Commission and unless excused from this Subpoena by the City Commission, you shall respond to this Subpoena as directed. Ifyou need a special accommodation in order to attend because of a disability, please contact the City,Clerk at 407-327-6560 at least two [2) days prior to the meetinc, Dated y Kevin McCann,Mayor Presiding officer on behalf of the City Commission of Winter Springs 436 CITY COMMISSION OF THE CITY OF WINTER SPRINGS SEMINOLE COUNTY, FLORIDA SUBPOENA FOR HEARING IN RE: CITY COMMISSION INVESTIGATION OF: 1)City of Winter Springs Lake Jesup Reclaimed Augmentation Plant; 2) City of Winter Springs Consumptive Use Permit #8238 (Ground water for potable use and reclaimed/surface water for irrigation); and 3) City of Winter Springs Consumptive Use Permit# 105763 (Surface water from Lake Jesup and artesian well water for irrigation use) THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS SEMINOLE COUNTY, FLORIDA: TO: Cade Resnick 520 Seven Oaks Boulevard Winter Springs, Florida 32708 YOU ARE COMMANDED pursuant to Resolution 2021-09 of the City Commission of Winter Springs, Florida, dated July 12, 2021, and in accordance with the authority vested in the City Commission under Section 4.11 of the City Charter and Florida law, to appear before the City Commission at City Hall, 1126 East State Road 434, Winter Springs, Florida 32708, on Monday September 20, 2021, at 6:30 p.m. to testify regarding the subject matter of the investigation generally stated above. If you fail to appear, you may be held in contempt of the City Commission. You are subpoenaed to appear before the City Commission and unless excused from this Subpoena by the City Commission, you shall respond to this Subpoena as directed. If you need a special accommodation in order to attend because of a disability, please contact the City Clerk at 407-327-6560//at least two 2) days prior to the meeting. Dated i 1 Kevin McCann,Mayor Presiding officer on behalf of the City Commission of Winter Springs 437 CITY COMMISSION OF THE CITY OF WINTER SPRINGS SEMINOLE COUNTY, FLORIDA SUBPOENA FOR HEARING IN RE: CITY COMMISSION INVESTIGATION OF: 1) City of Winter Springs Lake Jesup Reclaimed Augmentation Plant; 2) City of Winter Springs Consumptive Use Permit #8238 (Ground water for potable use and reclaimed/surface water for irrigation); and 3) City of Winter Springs Consumptive Use Permit# 105763 (Surface water from Lake Jesup and artesian well water for irrigation use) THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS SEMINOLE COUNTY, FLORIDA: TO: Terry Zaudtke CPH, Inc. 500 West Fulton Street Sanford, Florida 32771 YOU ARE COMMANDED pursuant to Resolution 2021-09 of the City Commission of Winter Springs, Florida, dated July 12, 2021, and in accordance with the authority vested in the City Commission under Section 4.11 of the City Charter and Florida law, to appear before the City Commission at City Hall, 1126 East State Road 434, Winter Springs, Florida 32708, on Monday September 20, 2021, at 6:30 p.m. to testify regarding the subject matter of the investigation generally stated above. If you fail to appear, you may be held in contempt of the City Commission. You are subpoenaed to appear before the City Commission and unless excused from this Subpoena by the City Commission, you shall respond to this Subpoena as directed. If you need a s;_ecial accommodation in order to attend because of a disability, please contact the City Cylerkat407-327-6560 at least two 2 days plior to the meeting. Dated Kevin MCCanii,Mayor Presiding officer on behalf of the City Commission of Winter Springs 438 CITY COMMISSION OF THE CITY OF WINTER SPRINGS SEMINOLE COUNTY, FLORIDA SUBPOENA FOR HEARING IN RE: CITY COMMISSION INVESTIGATION OF: 1)City of Winter Springs Lake Jesup Reclaimed Augmentation Plant; 2) City of Winter Springs Consumptive Use Permit #8238 (Ground water for potable use and reclaimed/surface water for irrigation);and 3) City of Winter Springs Consumptive Use Permit# 105763 (Surface water from Lake Jesup and artesian well water for irrigation use) THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS SEMINOLE COUNTY, FLORIDA: TO: Kevin Smith 287 Via Siena Lane Lake Mary, Florida 32746 YOU ARE COMMANDED pursuant to Resolution 2021-09 of the City Commission of Winter Springs, Florida, dated July 12, 2021, and in accordance with the authority vested in the City Commission under Section 4.11 of the City Charter and Florida law, to appear before the City Commission at City Hall, 1126 East State Road 434, Winter Springs, Florida 32708, on Monday September 20, 2021, at 6:30 p.m. to testify regarding the subject matter of the investigation generally stated above. If you fail to appear, you may be held in contempt of the City Commission. You are subpoenaed to appear before the City Commission and unless excused from this Subpoena by the City Commission, you shall respond to this Subpoena as directed. If you need a special accommodation in order to attend because of a disabilit , lease contact the City Clerk at 407-327-6560-at least twow2_da §_prior to the meetin Dated 0 r. .. ...........m.m Kevin McCann,Mayor Presiding officer on behalf of the City Commission ofWinter Springs 439 AFFIDAVIT OF SERVICE State of Florida County of Seminole Case Number: N/A Court Date:9/20/2021 6:30 pm II CITY COMMISSION INVESTIGATION OF: 1)City of Winter Springs Lake Jesup Reclaimed Augmentation Plant;et al. LIN2021020985 Received by Lynx Legal Services, LLC on the 13th day of August,2021 at 1:28 pm to be served on Brian Fields,185 Nandina Terrace,Winter Springs,FL 32708. I,Ketsy Camacho,being duly sworn,depose and say that on the 27th day of August,2021 at 12:09 pm,I: SUBSTITUTE served by delivering a true copy of the Subpoena for Hearing and a witness fee check in the amount of$11.00 with the date and hour of service endorsed thereon by me,to: Deepika Fields as Wife/Co-Resident at the address of:185 Nandina Terrace,Winter Springs,FL 32708,the within named person's usual place of Abode,who resides therein,who is fifteen(15)years of age or older and informed said person of the contents therein, in compliance with F.S.48.031(1)(a). Military Status:Based upon inquiry of party served, Defendant is not in the military service of the United States of America. Description of Person Served:Age:58,Sex: F,Race/Skin Color: Middle Eastern,Height:65,Weight:165, Hair: Black,Glasses:Y I am over the age of 18, have no interest in the above action,and am a Certified Process Server,in good standing,in the judicial circuit in which the process was served. Under the penalty of perjury, I declare that I have read the foregoing proof of service,and I attest that the facts stated in it are true. r Ke y C aSubscriedandSworntoabeforemeonthedayof006iO—,— by the affiant who is personally known t Lynx Legal Services,LLC 201 E.Pine Street NOTARY PUBLIC Suite 740Orlando,FL 32801 r;,;r.; •. ., .+, n 407)872-0707 i Our Job Serial Number:LIN-2021020985 4;•+ ,51295 sr Copyright O 1992-2021 Database Services,Inc-Process Server's Toolbox V8.2c 440 AFFIDAVIT OF SERVICE State of Florida County of Seminole Case Number: N/A Court Date:9/20/2021 6:30 pm IN RE- CITY COMMISSION INVESTIGATION OF: III I III I 11111111 IN I I11111 1)City of Winter Springs Lake Jesup Reclaimed Augmentation Plant;et al. LIN2021020980 Received by Lynx Legal Services, LLC on the 13th day of August,2021 at 1:28 pm to be served on Cade Resnick,520 Seven Oaks Boulevard, Winter Springs,FL 32708. I, Ketsy Camacho,being duly sworn,depose and say that on the 2nd day of September,2021 at 8:26 pm,I: SUBSTITUTE served by delivering a true copy of the Subpoena for Hearing and a witness fee check in the amount of$11.00 with the date and hour of service endorsed thereon by me,to:Susan Soderberg as Fiance/Co-Resident at the address of:520 Seven Oaks Boulevard,Winter Springs,FL 32706,the within named person's usual place of Work,who resides therein,who is fifteen(15)years of age or older and informed said person of the contents therein,in compliance with F S.48.031(1)(a) Military Status:Based upon inquiry of party served, Defendant is not in the military service of the United States of America Description of Person Served:Age:40,Sex: F, Race/Skin Color:White, Height:65,Weight:175,Hair:Blonde,Glasses: N I am over the age of 18,have no interest in the above action,and am a Certified Process Server,in good standing,in the judicial circuit in which the process was served. Under the penalty of perjury,I declare that I have read the foregoing proof of service,and I attest that the facts stated in it are true SublCribed and Sworn to before me on the 3 day of Kets lama L by the affiant who is personally know to me. ,., Lynx Legal Services,LLC 201 E.Pine Street NOTARY PUBLIC Suite 740Orlando,FL 32801 407)872-0707 Our Job Serial Number:LIN-2021020980 51,'95 Copyright©1992-2021 Database Services,Inc-Process Server's Toolbox V6 2d 441 AFFIDAVIT OF SERVICE State of Florida County of Seminole Case Number: NIA Court Date:9/20/2021 6:30 pm ICITYCOMMISSIONINVESTIGATIONOF: II I I III I III III I SII I II II I I II I I I II SII 1)City of Winter Springs Lake Jesup Reclaimed Augmentation Plant,et al. LIN2021020983 Received by Lynx Legal Services, LLC on the 13th day of August,2021 at 1:28 pm to be served on Charles Lacey,1410 Winding Steam Court, Winter Springs,FL 32708. I, Ketsy Camacho,being duly sworn,depose and say that on the 10th day of September,2021 at 6:04 pm,I: INDIVIDUALLYIPERSONALLY served by delivering a true copy of the Subpoena for hearing and a witness fee check In the amount of$11.00 with the date and hour of service endorsed thereon by me,to:Charles Lacey at the alternate address of:Red Eye Tavern,855 East State Road 434, Winter Springs,FL 32708,and informed said person of the contents therein,in compliance with state statutes. Military Status:The person served with said documents refused to state whether or not the Defendant is in the Military Service of the United StatesofAmerica. Description of Person Served:Age:70,Sex:M, Race/Skin Color:White,Height:6'0,Weight: 175, Hair:White, Glasses: N am over the age of 18, have no interest in the above action,and am a Certified Process Server, in good standing,in the judicial circuit in which the process was served.Under the penalty of perjury, I declare that I have read the foregoing proof of service,and I attest that the facts stated in it are true. K .ts areaSubribdadSworntobeforemeonthe /7 day of 18 67 by the affiant who is personally kno to me. ynx Leg Services,LLC 201 E.Pin et NOTARY PUBLIC Suite 740Orlando,FL 32801 407)872-0707 v tial NoTary PublIC Stale of Florida Our Job Serial Number:LIN-2021020983CalebRamos 1 my C,amrmsriion GG 951245 rich Expires 47.102*024 Copyright m 1992-2021 Database Services,Inc.-Process Server's Toolbox VB 2d 442 AFFIDAVIT OF SERVICE Subpoena for Hearing and a witness fee check in the amount of$11.00 Case Number:N/A IN RE:: CITY COMMISSION INVESTIGATION OF: II I I I II II II II I I II I I II I I I II1)City of Winterinter Springs Lake Jesup Reclaimed Augmentation Plant;et al. Received by Lynx Legal Services, LLC on the 13th day of August,2021 at 1:28 pm to be served on David Gierach,PreMW63yfrkiineers,Inc, 500 West Fulton Street,Sanford,FL 32771. I, Ketsy Camacho,being duly sworn,depose and say that on the 18th day of August,2021 at 11:53 am,I: SUBSTITUTE served by delivering a true copy of the Subpoena for Hearing and a witness fee check in the amount of$11.00 with the date and hour of service endorsed thereon by me,to: Patricia Hunt as Secretary,a person employed therein and stated as authorized to accept service for CPH Engineers,Inc at the address of:500 West Fulton Street,Sanford,FL 32771,the within named person's usual place of employment,in compliance with State Statutes. Description of Person Served:Age:53,Sex:F, Race/Skin Color:White, Height:66,Weight: 165,Hair. Red,Glasses:N I am over the age of 18,have no interest in the above action,and am a Certified Process Server,in good standing, in the judicial circuit in which the process was served Under the penalty of perjury, I declare that I have read the foregoing proof of service,and I attest that the facts stated in it are true. Subscrl d and worn to before me on theday of Ke 6Cam ac A8 by the affiant who is personally known to 096 Lynx Legal ervices,LLC 201 E.Pine Street NOTARY PUBLIC Suite 740 Orlando,FL 32801 407)872-0707 F pY gGp :.ta ;-;sic•1..:e;)r -..-.da :A Our Job Serial Number:LIN-2021020978 Copyright©1992-2021 Database Services,Inc.-Process Servers Toolbox V8.2c 443 AFFIDAVIT OF SERVICE State of Florida County of Seminole Case Number: N/A Court Date:9/20/2021 6:30 pm I I CITY COMMISSION INVESTIGATION OF: III I III I III IIIII I IIIIIII III lI III 1)City of Winter Springs Lake Jesup Reclaimed Augmentation Plant;et all. LIN2021020986 Received by Lynx Legal Services, LLC on the 13th day of August,2021 at 1:28 pm to be served on Jean Hovey,549 Brookside Drive,Winter Springs,FL 32708. I, Ketsy Camacho,being duly sworn,depose and say that on the 19th day of August,2021 at 6:23 pm,I: INDIVIDUALLYIPERSONALLY served Jean Hovey by delivering a true copy of the Subpoena for Hearing and a witness fee check in the arnount of$11.00 with the date and hour of service endorsed thereon by me,directly to Jean Hovey at the given address of:549 Brookside Drive,Winter Springs,FL 32708,and informed said person of the contents therein,in compliance with state statutes. Description of Person Served:Age:70,Sex:F,Race/Skin Color:White, Height:65,Weight: 180, Hair:Gray,Glasses:Y I am over the age of 18,have no interest in the above action,and am a Certified Process Server,in good standing,in the judicial circuit in which the process was served.Under the penalty of perjury,I declare that I have read the foregoing proof of service,and I attest that the facts stated in it are true. T y cralSerAces,Subscrl d and wor to before me on the & day of 7 by the affiant who is personally K008 known to Lynx Le LLCe 201 E.Pine Street NOTARY PUBLIC Suite 740 Orlando,FL 32801 407)872-0707 4 L• r ,{ Our Job Serial Number:LIN-2021020986 5,'• E !•ay .,9 t.5 Copyright©1992-2021 Database Services,Inc-Process Servers Toolhox VB 2c 444 AFFIDAVIT OF SERVICE State of Florida County of Seminole Case Number:NIA Court Date:9/20/2021 6:30 pm II CITY COMMISSION INVESTIGATION OF: 1)City of Winter Springs Lake Jesup Reclaimed Augmentation Plant;et al. LIN2021020981 Received by Lynx Legal Services, LLC on the 13th day of August,2021 at 1:28 pm to be served on Joanne Krebs,1002 Taproot Drive,Winter Springs,FL 32708, I, Ketsy Camacho,being duly sworn,depose and say that on the 19th day of August,2021 at 7:59 pm,I: SUBSTITUTE served by delivering a true copy of the Subpoena for Hearing and a witness fee check in the amount of$11.00 with the date and hour of service endorsed thereon by me,to:Paul Krebs as Husband/Co-Resident at the address of:1002 Taproot Drive,Winter Springs,FL 32708, the within named person's usual place of Abode,who resides therein,who is fifteen(15)years of age or older and informed said person of the contents therein,in compliance with F S 48.031(1)(a), Military Status: Based upon inquiry of party served, Defendant is not in the military service of the United States of America I am over the age of 18, have no interest in the above action,and am a Certified Process Server, in good standing,in the judicial circuit in which the process was served. Under the penalty of perjury, I declare that I have read the foregoing proof of service,and I attest that the facts stated in it are true. Kets amac Subscr ed an Sworn to before me on the 20csay of 1 67 L by the affiant who is personally known t%Jne.Lynx Legal ices,LLC 201 E.Pine Street NOTARY PUBLIC Suite 740 Orlando,FL 32801 407)872-0707 I ;s>..I C.rE dr Jr=fC!:J9 i Our Job Serial Number:LIN-2021020981 r .iY•.:I.:`n r:(..7{fir:J1 i irJ Copyright©1992-2021 Database Services,Inc.-Process Servers Toolbox V8 2c 445 AFFIDAVIT OF SERVICE State of Florida County of Seminole Case Number: N/A Court Date:9/20/2021 6:30 pm f CITY COMMISSION INVESTIGATION OF: 1)City of Winter Springs Lake Jesup Reclaimed Augmentation Plant;et al. LIN2021020984 Received by Lynx Legal Services,LLC on the 13th day of August,2021 at 1:28 pm to be served on Ken Greenberg,1635 White Dove Drive, Winter Springs,FL 32708. I, Ketsy Camacho,being duly sworn,depose and say that on the 19th day of August,2021 at 7:40 pm,I: SUBSTITUTE served by delivering a true copy of the Subpoena for Hearing and a witness fee check in the amount of$11.00 with the date and hour of service endorsed thereon by me,to:Jane Doe(Refused Name)as Wife/Co-Resident at the address of:1635 White Dove Drive,Winter Springs,FL 32708,the within named person's usual place of Abode,who resides therein,who is fifteen(15)years of age or older and informed said person of the contents therein,in compliance with F.S.48.031(1)(a). I am over the age of 18,have no interest in the above action,and am a Certified Process Server,in good standing, in the judicial circuit in which the process was served Under the penalty of perjury, I declare that I have read the foregoing proof of service,and I attest that the fpcts stated in it are true. d Ke Cara Subscr'bed an Sworn to before me on the da of 16- by the affiant who is personally 006E known t e- Lynx Le al Services,LLC 201 E.Pine Street NOTARY PUBLIC Suite 740 Orlando,FL 32801 407)872-0707 ta.ry'f= ^?ic glace of F?a;da Our Job Serial Number:LIN-2021020984 p,ryr 4kF ^%OII s 0.r; 2i'l024 Copyright©1992-2021 Database Services,Inc.-Process Servers Toolbox V8 2c 446 AFFIDAVIT OF SERVICE Subpoena For Hearing and a witness fee check in the amount of$11.00 Case Number:N/A IN RE: CITY COMMISSION INVESTIGATION For: Kevin McCann LIN2021021836 Ir Received by Lynx Legal Services,LLC on the 20th day of August,2021 at 4:53 pm to be served on Kevin Smith, I, Ketsy Camacho,being duly sworn,depose and say that on the 23rd day of August,2021 at 6:59 pm,I: INDIVIDUALLY/PERSONALLY served Kevin Smith by delivering a true copy of the Subpoena For Hearing and a witness fee check in the amount of$11.00 with the date and hour of service endorsed thereon by me,directly to Kevin Smith at the given address of: and informed said person of the contents therein, in compliance with state statutes. Military Status:The person served with said documents refused to state whether or not the Defendant is in the Military Service of the United States of America. Description of Person Served:Age:50,Sex: M,Race/Skin Color:White, Height:58",Weight: 170,Hair: Dark Brown,Glasses:Y I am over the age of 18,have no interest in the above action,and am a Certified Process Server,in good standing, in the judicial circuit in which the process was served. Under the penalty of perjury,I declare that I have read the foregoing proof of service,and I attest that the facts stated in it are true. K yC Subscibed an Sworn to before me on the day of 0067 2W) by the affiant who is personally known Lynx L al Services,LLC 201 E.Pine Street NOTARY PUBLIC Suite 740 Orlando,FL 32801 n 407 872-0707 Our Job Serial Number:LIN-2021021838 My Copyright 0 1992-2021 Database Services,Inc.-Process Servers Toolbox VS 2c 447 AFFIDAVIT OF SERVICE State of Florida County of Seminole Case Number:N/A Court Date:9/20/2021 6:30 pm I f I CITY COMMISSION INVESTIGATION OF: II I I III I III IIIlII I SII I I II I I I II II III 1)City of Winter Springs Lake Jesup Reclaimed Augmentation Plant;et al. LIN2021020972 Received by Lynx Legal Services, LLC on the 13th day of August,2021 at 1:28 pm to be served on Kip Lockcuff,2512 Creekview Circle,Oviedo, FL 32765. I,Ketsy Camacho,being duly sworn,depose and say that on the 20th day of August,2021 at 2:33 pm,I: SUBSTITUTE served by delivering a true copy of the Subpoena for Hearing and a witness fee check in the amount of$11.00 with the date and hour of service endorsed thereon by me,to:Laurie Lockcuff as Wife/Co-Resident at the address of:2512 Creekview Circle,Oviedo,FL 32765,the within named person's usual place of Abode,who resides therein,who is fifteen(15)years of age or older and informed said person of the contents therein,in compliance with F.S.48.031(1)(a) Description of Person Served:Age:55,Sex:F, Race/Skin Color:White, Height:65,Weight: 175, Hair:Blonde,Glasses: N I am over the age of 18,have no interest in the above action,and am a Certified Process Server,in good standing,in the judicial circuit in which the process was served. Under the penalty of perjury, I declare that I have read the foregoing proof of service,and I attest that the facts stated in it are true. KeW Ca a Subsc ed an Sworn to before me on the day of 0067lffil_by the affiant who is personally known t Lynx L al Services,LLCeEl201E.Pine Street NOTARY PUBLIC Suite 740 Orlando,FL 32801 rrti,nl 407)872-0707 r-,,)Ilc Stare of Flrjnda et;Rp-,-I S Our Job Serial Number:LIN-2021020972 fir,^,ii h, 4z CG 9512fl5 Copyright 0 1992-2021 Database Services,Inc-Process Server'sToolbox V82c 448 AFFIDAVIT OF SERVICE Subpoena for Hearing and a witness fee check in the amount of$11.00 Case Number:N/A IN RE:: CITY COMMISSION INVESTIGATION I I I II I II II 1I I I I VI I I I II I IIi)City of Winter Springs Lake Jesup Reclaimed Augmentation Plant;et al. Received by Lynx Legal Services, LLC on the 13th day of August,2021 at 1:28 pm to be served on Terry Za idtke CP0W9Pi68W?Fulton Street,Sanford,FL 32771. I, Ketsy Camacho,being duly sworn,depose and say that on the 18th day of August,2021 at 11:53 am,I: SUBSTITUTE served by delivering a true copy of the Subpoena for Hearing and a witness fee check in the amount of$11.00 with the date and hour of service endorsed thereon by me,to:Patricia Hunt as Secretary,a person employed therein and stated as authorized to accept service for CPH,Inc at the address of:500 West Fulton Street,Sanford,FL 32771,the within named person's usual place of employment, in compliance with State Statutes. Description of Person Served:Age:53,Sex. F, Race/Skin Color:White, Height:5'6,Weight: 165,Hair: Red,Glasses: N I am over the age of 18, have no interest in the above action,and am a Certified Process Server,in good standing,in the judicial circuit in which the process was served.Under the penalty of perjury,I declare that I have read the foregoing proof of service,and I attest that the acts stated in it are true. Subscribed and Sworn to before me on the X day of 1 06Camac by the affiant who is personally known t Lynx Leg rvices,LLC 201 E.Pine Street NOTARY PLAFLIc Suite 740 Orlando,FL 32801 407)872-0707 uFnotilti tir /'a/ of Ho,;r;. Our Job Serial Number: LlN-2021020979 ray.,:,,.,,,:e,;: :•a„5 Copyright®1992-2021 Database Services,Inc.-Process Servers Toolbox V8 2c 449 Darren J. Elkind*‡|Matthew D. Branz |Christopher B. Paul |Melissa Morgan Paul Harlan G. Paul |Pedram Adam Samei Of counsel:Harlan L. Paul |Lonnie N. Groot* *Board Certified Specialist – City, County & Local Government Law ‡Board Certified Specialist – Civil Trial Law DeLand Office Miami Office (available by appointment)paulandelkind.com 142 E. New York Avenue 1031 Ives Dairy Road, Suite 228 DeLand, FL 32724 Miami, FL 33179 P:386.734.3020 P:305.459.0749 September 16, 2021 VIA EMAIL ONLY:kmccann@winterspringsfl.org The Honorable Kevin McCann, Mayor City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 Re: Resolution 2021-09 “Investigation” Dear Mayor McCann: I have the pleasure of representing Kevin Smith and Brian Fields, respectively the former City Manager and former City Engineer for the City of Winter Springs. I am writing you to outline the manner in which Mr. Smith and Mr. Fields will respond to the subpoenas with which they were served in this regard. They will be in attendance at the hearing on Monday, September 20, 2021 at 6:30 p.m. as ordered by the subpoenas with which they were served. Resolution 2021-09 states, in pertinent part, that “the City Commission desires to understand why the aforementioned plan was not fully implemented and whether the plan is viable today, however, the technical personnel and consultants utilized by the City in 2005 to prepare the plan and obtain CUP# 105763 are no longer employed by the City…” The City was apparently under the impression that it could not obtain information from its former “technical personnel” without the issuance of subpoenas. This was incorrect, and my clients, who are both consummate professionals, would have gladly provided any information that they had with the current City administration. The fact that the City of Winter Springs has made absolutely no effort to obtain any factual information from my clients leads me to believe, based upon my 26 years of representing local governments, that the upcoming “hearing” has nothing to do with factfinding and everything to do with political showmanship. Consequently, I find it necessary to implement the parameters set forth below in order to ensure that the City Commission does not abuse its investigatory powers. 450 The Honorable Kevin McCann, Mayor City of Winter Springs September 16, 2021 Page two 1)Pursuant to the above-cited provision of Resolution 2021-09, my clients are being subpoenaed in their capacities as the former “technical personnel…who are no longer employed by the City.” All inquiries shall be answered by my clients in their capacities as former employees of the City and their answers will be on behalf of the City of Winter Springs. 2)My clients will respond to written questions only. Such questions must fairly relate to the matters set forth in Resolution 2021-09. Any questions which are not related to the subject of the “investigation” or which are worded in an argumentative or suggestive fashion will not be responded to. 3)Since the City Commission elected to issue subpoenas and conduct an investigatory hearing (which was completely unnecessary with regard to my clients as mentioned above), we expect rules of decorum to apply to the proceeding as they would any investigatory hearing. As such, we do not expect any commentary from any member of the Commission regarding my clients or their answers. If this occurs, we will deem this to be a termination of the investigatory phase of the meeting and dismiss ourselves from the meeting. 4)My clients are busy professionals with numerous other commitments, who are attending this “hearing” on their personal time. Mr. Smith and Mr. Fields have allotted two (2) hours for attendance. In other words, they plan on leaving by the earlier of the time that they have answered all questions as provided for in section 2) above or 8:30 p.m. I cannot repeat enough that my clients both would have gladly met with anyone about these issues in order to have helped in any way that they could. It is the fact that the City Commission elected to hold a “hearing” and issue subpoenas to my clients that make the imposition of the foregoing rules necessary. I appreciate that the City Commission may not be able to meet collectively to generate the written questions which are required for my clients. However, I would welcome receipt of questions from individual Commission members (preferably routed through your City Attorney) in advance of the meeting so that we can have an efficient and productive exchange of information. Respectfully submitted, Darren J. Elkind, Esq. DJE/cal Enclosure #053438 cc: Anthony A. Garganese, City Attorney,agarganese@orlandolaw.net 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 Evaluation Memo - Final.docx Memorandum To: Lena Rivera, P.E., D.WRE Date: June 6, 2018 Subject: Lake Jesup Reclaimed Water Augmentation Facility -System Evaluation The purpose of this Memorandum is to provide the City of Winter Springs (City) with an evaluation of the operational issues at the Lake Jesup Reclaimed Water Augmentation Facility (Facility). While some of the comments relate to specific design elements of the Facility, the intent of this Memorandum is not to provide a detailed review of the design. The primary intent of this Memorandum is to document CDM Smith’s evaluation of the Facility and develop recommendations which are expected to improve the Facility’s overall performance. Comments related to the Facility were based on a site visit conducted on April 18, 2018 as well as the following documents: ▪ Hand-Written Water Quality Data collected during the startup and commissioning of the Lake Jesup Reclaimed Water Augmentation Facility (dates range from April 4, 2013 to July 30, 2013) ▪ City of Winter Springs Lake Jesup Reclaimed Water Augmentation Facility Record Drawings (as prepared by CPH Engineers, Inc. and dated June 14, 2013) ▪ City of Winter Springs Lake Jesup Reclaimed Water Augmentation Facility Project Manual (as prepared by CPH Engineers, Inc. and dated April 2011) ▪ City of Winter Springs Lake Jesup Reclaimed Water Augmentation Project Supplemental Planning Document (as prepared by CPH Engineers, Inc. and dated April 2011, with amendments on May 20, 2011 and June 30, 2011) ▪ Lake Jesup Water Quality Report (samples collected on December 20, 2010 and analyzed by Flowers Chemical Laboratories, Inc.) ▪ Letter from Mr. William C. Goucher, P.E. (CPH Engineers, Inc) to Mr. Kipton Luckcuff, P.E. (Public Works Director) regarding Lake Jesup Reclaimed Water Augmentation Facility CPH Project No. W04141 (dated March 23, 2010) This Memorandum is submitted in partial fulfillment of Task Order No. 4 authorized on April 6, 2018. Facility Overview – Per the Lake Jesup Reclaimed Water Augmentation Facility Record Drawings, the Lake Jesup reclaimed Water Augmentation Facility Project Manual, and the site visit, the Facility generally consists of the following major components: 481 Lena Rivera, P.E., D.WRE June 6, 2018 Page 2 Evaluation Memo - Final.docx ▪ Intake Catch Basin – Concrete structure with two (2) 3-foot long weirs at an elevation of 0.05 ft ▪ Influent Pump Station – Concrete structure with two (2) submersible pumps, each designed to deliver 700 gpm at 100 feet TDH (Flygt Model NP 3171.180HT) ▪ Pre-Screening System – Two (2) automatic self-cleaning screens, each designed to remove all particles larger than 80 microns from the units’ feedwater (Amiad Model EBS 10000) – The system includes provisions which will allow the installation of two (2) additional automatic self-cleaning screens in the future ▪ Microfiber Filtration System – One (1) automatic self-cleaning microfiber filtration unit (Amiad Model AMF-370K), designed to remove all particles larger than 3 microns from the unit’s feedwater – The system includes provisions which will allow the installation of two (2) additional automatic self-cleaning microfiber filtration units in the future ▪ Microfiber Filtration System Flush Water System – One (1) skid-mounted system, complete with two (2) flush water pumps (Goulds Model 22SV6GK4F20, each designed to deliver 88 gpm at 370 feet TDH), to provide pressurized water to the microfiber filtration system to effectively remove accumulated solids from the system ▪ Compressed Air System – One (1) compressed air system complete with a compressor sized to deliver 6 cfm at 125 psig and a 50-gallon receiver ▪ Residuals Pump Station – Concrete structure with two (2) submersible pumps, Flygt Model NP 3153.181HT ▪ High Service Pump Station – One (1) variable speed vertical turbine pump designed to deliver 500 gpm at 228 feet TDH (99 psi) and two (2) variable speed vertical turbine pumps designed to deliver 1,500 gpm at 228 feet TDH (99 psi) – The station includes provisions which will allow the installation of one (1) additional 1,500 gpm pump in the future ▪ Sodium Hypochlorite Storage and Feed System – One (1) 1,000-gallon double-wall sodium hypochlorite storage tank; two (2) pre-chlorination metering pumps (Grundfos Model DME 60), each designed to deliver up to 40 gallons per hour; two (2) post-chlorination metering pumps (Grundfos Model DME 60), each designed to deliver up to 40 gallons per hour ▪ Ground Storage Tank – Partially buried, cast-in-place, rectangular concrete tank with a nominal storage volume of approximately 240,000 gallons Specific concerns identified from a review of the system are identified and described below. Source Water Quality – The City of Winter Springs Reclaimed Water Augmentation Study prepared by CPH Engineers, Inc. and dated September 2005 (included as Appendix B of the City of Winter Springs Lake Jesup Reclaimed Water Augmentation Project Supplemental Planning Document) described the efforts undertaken to define the quality of the source water. These 482 Lena Rivera, P.E., D.WRE June 6, 2018 Page 3 Evaluation Memo - Final.docx efforts consisted of analyzing six (6) years of daily water quality data, from 1997 to 2002, collected from seven (7) different locations within Lake Jesup. Water quality data (pH, total suspended solids, total dissolved solids, chloride and sulfate concentrations) were obtained from the St. Johns River Water Management District. Each parameter was analyzed to determine its monthly average, annual average, and seasonal variation. Parameters noticeably absent from the source water quality evaluation include total organic carbon, dissolved organic carbon, heterotrophic plate count, total coliform, and fecal coliform. While these parameters, except for fecal coliform, do not have specific Florida Department of Environmental Protection limitations identified in the City’s operating permit (Permit Number FLA011067), they can have a detrimental effect on the operation of filtration equipment. If present, organic material can adsorb onto and/or embed into filtration equipment; the result of which is an increase in the resistance to fluid flow (i.e. organic fouling). From an operational perspective, this equates to reduced production and/or an increase in operating pressures. Similarly, if biological organisms are present in the source water, they can attach to filtration equipment and establish colonies. The result of such actions is again an increase in the resistance to fluid flow and a corresponding decline in production and/or an increase in operating pressures (i.e. biological fouling). Due to the specific materials of construction and internal configuration of the Amiad Model AMF-370K microfiber filtration system (i.e. polyester thread wrapped around 3,640 Noryl cassettes), the equipment is susceptible to organic and biological fouling. Process Selection and Process Evaluation – Several documents provided to CDM Smith presented information related to the selection and evaluation of the treatment process. These documents included: ▪ City of Winter Springs Reclaimed Water Augmentation Study prepared by CPH Engineers, Inc. and dated September 2005 (included as Appendix B of the City of Winter Springs Lake Jesup Reclaimed Water Augmentation Project Supplemental Planning Document) ▪ City of Winter Springs Lake Jesup Augmentation Preliminary Engineering Report prepared by CPH Engineers, Inc. and dated December 2008 (included as Appendix C of the City of Winter Springs Lake Jesup Reclaimed Water Augmentation Project Supplemental Planning Document ▪ Letter from Mr. William C. Goucher, P.E. (CPH Engineers, Inc) to Mr. Kipton Luckcuff, P.E. (Public Works Director) regarding Lake Jesup Reclaimed Water Augmentation Facility CPH Project No. W04141 (dated March 23, 2010) ▪ City of Winter Springs Lake Jesup Reclaimed Water Augmentation Project Supplemental Planning Document (as prepared by CPH Engineers, Inc. and dated April 2011, with amendments on May 20, 2011 and June 30, 2011) The apparent inconsistency between these documents regarding the recommended treatment process for this application is of interest. Beginning with the 2005 document, CPH Engineers, Inc. stated the “treatment process required on Lake Jesup water would not be a difficult 483 Lena Rivera, P.E., D.WRE June 6, 2018 Page 4 Evaluation Memo - Final.docx one…many chemical parameters can remain unchanged…suspended solids would have to be reduced so that the chlorination processes can properly remove (‘kill’) the bacteria that may exist in the surface water.” The document emphasized that the treatment process for the proposed augmentation facility must be suitable for batch (i.e. on/off) operation, easily started, produce usable water that can be immediately available for distribution, and able to withstand extended downtime. The conceptual treatment process recommended in 2005 consisted of: low service supply pumps, filtration (specifically focused on fabric covered disk filters and/or membranes), transfer pumps, storage, disinfection, and high service distribution pumps. Citing prior filtration experience, CPH Engineers, Inc. explicitly stated that plastic disk screens, stainless steel filter screens, pressure stainless steel screens, dyna-sand, and gravity sand filters were not recommended for this project. In stark contrast to the 2005 document, CPH Engineers, Inc. recommended a high-rate ballasted flocculation (i.e. Actiflo) process in 2008. The document stated “…we recommend an Actiflo treatment unit for this project. It offers flexibility in flow capacity; it can be started and stopped (depending on demand) with minimal consequences on treatment quality; and, it has been proven effective on treating surface water to the required ‘Public Access’ treatment levels required for augmentation of the reclaimed water.” The conceptual treatment process recommended in 2008 consisted of: intake structure, intake pump station, 2 mm bar screen, high-rate ballasted flocculation, filtration (as an option in the future), storage, high service pumping, and residuals management. The fundamental reason for modifying the recommended treatment process (i.e. from simple filtration as recommended in 2005 to high-rate ballasted flocculation as recommended in 2008) was not identified in the document. As described in the March 23, 2010 letter from Mr. William C. Goucher, P.E. (CPH Engineers, Inc.) to Mr. Kipton Luckcuff, P.E. (Public Works Director), CPH Engineers, Inc., in conjunction with Amiad Filtration Systems, conducted a series of field tests to evaluate various filtration system configurations. The primary objective of the field tests was to determine the degree of pre-filtration and filtration necessary to meet the project requirements (i.e. produce water that contained less than 5 mg/L of total suspended solids). While details of the testing effort were not specifically presented in this letter, CPH Engineers, Inc. clearly documented the practical results of the testing. Ultimately, CPH Engineers, Inc. concluded that pre-filtration with 80- micron screens (Amiad Model EBS 10000) followed by filtration with 7-micron cassettes (Amiad Model AMF-370K) would produce water with a total suspended solids concentration less than 5 mg/L. The letter does not include actual field-testing conditions [i.e. date(s) of testing, water quality (surface, pre-filtered, and filtered), filtration rates, operating pressures, etc.]. The most recent document related to the selection and evaluation of the treatment process was the City of Winter Springs Lake Jesup Reclaimed Water Augmentation Project Supplemental Planning Document (as prepared by CPH Engineers, Inc. and dated April 2011, with amendments on May 20, 2011 and June 30, 2011). Changes from the March 2010 recommendations included modifications to the degree of filtration provided by the pre- filtration process (200/20-micron vs 80-micron) and the capacity of each pre-filtration unit (700 gpm vs 466 gpm). The overall treatment process remained consistent with the March 2010 recommendations and included two-stage filtration and sodium hypochlorite disinfection 484 Lena Rivera, P.E., D.WRE June 6, 2018 Page 5 Evaluation Memo - Final.docx system, with a goal to reduce the total suspended solids concentration of the surface water to below 5 mg/L, and the capacity of the microfiber filtration system with a capacity of 700 gpm. Ultimately, the design of the Facility was based on two-stage filtration and sodium hypochlorite disinfection process. Specifications – Based upon information provided by City staff during the site visit, CDM Smith limited its specification review to Section 11601 – Automatic Self-Cleaning Filters and Section 11602 – Automatic Self-Cleaning Microfiber Filters. ▪ Section 11601 – Automatic Self-Cleaning Filters – This specification required the installation of two (2) automatic self-cleaning filters with a screen size of 80 microns for the following conditions of service: system flow rate of 700 gpm, system operating pressure range of 30-40 psi, and a maximum source water total suspended solids concentration of 80 mg/L. In addition, Section 11601-1.07 clearly defined specific performance requirements for the automatic self-cleaning filters. Specific performance requirements included: maximum filtered water total suspended solids concentration of 20 mg/L (provided the feed water to this system contains no more than 80 mg/L of total suspended solids); minimum flow rate of 466 gpm per unit; and no more than 1 percent of the average daily flow rate could be consumed for flushing purposes each day. In the event the installed system did not comply with the specified performance requirements, the manufacturer was required to modify the equipment until the performance requirements were met. If required, such modifications were to be completed at no additional cost to the City. Section 11601-3.02.B required the manufacturer to perform “at least three series of tests…at the design flow rate with analysis of the influent water TSS and filtered water TSS to assure the filter meets the required performance criteria.” Specific details of the test procedure, test conditions, data collection forms, or acceptance documentation were not included in Section 11601. Section 11602 – Automatic Self-Cleaning Microfiber Filters – This specification required the installation of one (1) automatic self-cleaning microfiber filters with a cassette size of 7 microns for the following conditions of service: system flow rate of 700 gpm, system operating pressure of 30 psi, and a maximum source water total suspended solids concentration of 20 mg/L. While Section 11602-1.04.B indicated the system must produce water with a total suspended solids concentration less than 5 mg/L, Section 11602 did not include language commonly associated with a performance specification. This specification also required the installation of a flush water system to maintain the productivity of the automatic self-cleaning microfiber filter. Section 11602-2.02.G required “a two-pump centrifugal pump skid of sufficient capacity and pressure to ensure proper flushing of the microfiber filters.” No additional details regarding the flush water system were provided. Section 11602-3.02.B required the manufacturer to perform “at least three series of tests…at the design flow rate with analysis of the influent water TSS and filtered water 485 Lena Rivera, P.E., D.WRE June 6, 2018 Page 6 Evaluation Memo - Final.docx TSS to assure the filter meets the required performance criteria.” Specific details of the test procedure, test conditions data collection forms, or acceptance documentation were not included in Section 11602. More importantly, Section 11602 did not identify or define the process to address deficiencies in performance in the event performance deficiencies were encountered during the acceptance testing process. Startup and Commissioning Data – The City provided CDM Smith with a series of pages that contained hand-written data collected during the startup and commissioning of the Lake Jesup Reclaimed Water Augmentation Facility. Dates associated with the data ranged from April 4, 2013 to July 30, 2013 and these data are summarized in Table 1. Time-series plots of total suspended solids, turbidity, and chlorine residual are presented in Figures 1, 2, and 3, respectively. A table of the complete data set, as well as a copy of the hand-written data provided to CDM Smith, is included in Appendix A. Details regarding the data collection process (i.e. instruments/methods utilized, instrument calibration records, etc.) were not provided. Operating conditions (i.e. flow, pressure, etc.) of the Facility during this period were not provided. A process schematic indicating specific sampling locations was not provided. Table 1: Lake Jesup Reclaimed Water Augmentation Facility – Startup and Commissioning Data Raw Filter #1 Filter #2 Final (Distribution) Total Suspended Solids (mg/L) Minimum 8 12 3 1.2 Maximum 140 50 20 11.5 Average 44 29 13 3.3 Count 18 14 15 48 pH Minimum 7.18 7.37 7.51 6.94 Maximum 9.01 9.11 9.07 8.61 Average 8.16 8.42 8.45 7.73 Count 14 12 13 46 Turbidity (NTU) Minimum 6.20 6.07 2.12 1.02 Maximum 65.90 21.00 11.00 22.10 Average 16.52 10.66 5.26 3.48 Count 14 12 13 46 Chlorine Residual (mg/L as Cl2) Minimum 0.04 Maximum 10.10 Average 2.17 Count 32 With no data to suggest otherwise, CDM Smith assumed the following: data associated with “Lake Jesup Raw” reflects the feed water to the pre-filtration system (Amiad Model EBS 10000); data associated with “Lake Jesup Filter #1” reflects the effluent of the pre-filtration system (Amiad Model EBS 10000)/feed water to the microfiber filtration system (Amiad Model AMF- 370K); data associated with “Lake Jesup Filter #2” reflects the effluent of the microfiber filtration system (Amiad Model AMF-370K); and data associated with “Lake Jesup Final (Distribution)” reflects the filtered and disinfected water entering the reclaimed water distribution system (i.e. after storage). 486 Lena Rivera, P.E., D.WRE June 6, 2018 Page 7 Evaluation Memo - Final.docx As the City of Winter Springs Lake Jesup Reclaimed Water Augmentation Facility Project Manual did not identify specific project requirements for pH, turbidity, and chlorine residual, CDM Smith focused its review on total suspended solids data. Please note, no additional operational data (i.e. flows, pressures, etc.) collected during the startup and commissioning of the Facility were provided for review. CDM Smith believes a review of such operational data would provide additional insight into the operation of the Facility. CDM Smith welcomes the opportunity to review such operational data should it become available. A review of the total suspended solids data revealed the following: ▪ Two of the eighteen (11 percent) raw water total suspended solids concentrations measured during the startup and commissioning of the Facility exceeded the maximum raw water total suspended solids concentration identified in Section 11601 (80 mg/L). ▪ The maximum raw water total suspended solids concentration measured during the startup and commissioning of the Facility (140 mg/L) was 175 percent of the maximum raw water total suspended solids concentration identified in Section 11601 (80 mg/L). ▪ The average raw water total suspended solids concentration measured during startup and commissioning (44 mg/L) was 55 percent of the maximum raw water total suspended solids concentration identified in Section 11601 (80 mg/L). ▪ Nine of the fourteen (64 percent) Filter #1 effluent total suspended solids concentrations measured during the startup and commissioning of the Facility exceeded the maximum total suspended solids concentration allowed by Section 11601 (20 mg/L). ▪ The maximum Filter #1 effluent total suspended solids concentration measured during the startup and commissioning of the Facility (50 mg/L) was 250 percent of the maximum total suspended solids concentration allowed by Section 11601 (20 mg/L). ▪ The average Filter #1 effluent total suspended solids concentration measured during the startup and commissioning of the Facility (29 mg/L) was 145 percent of the maximum total suspended solids concentration allowed by Section 11601 (20 mg/L). ▪ Fourteen of the fifteen (93 percent) Filter #2 effluent total suspended solids concentrations measured during the startup and commissioning of the Facility exceeded the maximum total suspended solids concentration allowed by Section 11602 (5 mg/L). ▪ The maximum Filter #2 effluent total suspended solids concentration measured during the startup and commissioning of the Facility (20 mg/L) was 400 percent of the maximum total suspended solids concentration allowed by Section 11602 (5 mg/L). ▪ The average Filter #2 effluent total suspended solids concentration measured during the startup and commissioning of the Facility (13 mg/L) was 260 percent of the maximum total suspended solids concentration allowed by Section 11602 (5 mg/L). ▪ Five of the forty-eight (10 percent) final (distribution) water total suspended solids concentrations measured during the startup and commissioning of the Facility exceeded the maximum total suspended solids concentration requirements for this project. 487 Lena Rivera, P.E., D.WRE June 6, 2018 Page 8 Evaluation Memo - Final.docx ▪ The maximum final (distribution) water total suspended solids concentration measured during the startup and commissioning of the Facility (11.5 mg/L) was 230 percent of the maximum total suspended solids concentration allowed for this project. ▪ The average final (distribution) water total suspended solids concentration measured during the startup and commissioning of the Facility (3.3 mg/L) was 66 percent of the maximum total suspended solids concentration allowed for this project. As indicated by the data presented in Table 1, neither filtration system produced water that complied with the specified requirements. As presented above, the total suspended solids for Filter #1 effluent averaged 29 mg/L throughout the startup and commissioning process, 145 percent of the maximum concentration allowed by the specifications (20 mg/L). Similarly, the total suspended solids for Filter #2 effluent averaged 13 mg/L throughout the startup and commissioning process, 260 percent of the maximum concentration allowed by the specifications (5 mg/L). These data were collected at a time during which the source water total suspended solids concentration averaged 44 mg/L, only 55 percent of the maximum design value (80 mg/L). CDM Smith suspects the 75 percent reduction in total suspended solids between Filter #2 effluent (13 mg/L) and the final (distribution) water (3.3 mg/L) was due to sedimentation within the ground storage tank and/or dilution from water sources with reduced total suspended solids concentrations. April 18, 2018 Site Visit – Upon arrival, City staff presented CDM Smith with an overview of the Facility and its history. City staff reported the following: ▪ The Facility operated during the summer of 2017 but has not operated since that time. ▪ The Facility has not met the 5 mg/L total suspended solids requirement since startup. ▪ When operated, the Facility produces approximately 300 gpm instead of 700 gpm as required. ▪ Per the original design, the flush water pumps were to draw water from the clearwell. During the commissioning of the Facility, it was found that these pumps could not draw water from the partially buried ground storage tank as installed. As a result, the Contractor installed a 2-inch polyethylene line to convey pressurized water (approximately 80 psi) from the reclaimed water distribution system to the inlet of the flush water system. While this modification allowed the flush water system to operate, the flush water pumps rapidly cycled on and off when called to run. City staff suspect this rapid cycling contributed to the premature failure of one of the flush water pumps. ▪ One of the flush water pumps was removed and sent out for repairs. The remaining pump is only capable of developing 90 psi of pressure instead of 130 psi as required by the microfiber filtration system. ▪ A bypass around the microfiber filtration system was installed during the dry season of 2017. When utilized, 700 gpm of 80-micron filtered water can be produced by the Facility; however, the total suspended solids concentration of the 80-micron filtered water is 488 Lena Rivera, P.E., D.WRE June 6, 2018 Page 9 Evaluation Memo - Final.docx greater than the 5 mg/L concentration allowed by the Facility’s operating permit. As a result, the Florida Department of Environmental Protection prohibited the use of this bypass. ▪ In 2017, rainfall associated with Hurricane Irma caused the water level of Lake Jesup to rise above the 100-year flood elevation. This resulted in the partial submergence and subsequent flooding of the local control panel for the intake pump station. The City is currently in the process of replacing the control panel in its entirety. ▪ The intake catch basin was modified to allow the withdrawal of water during times at which the water level within the lake is below the original elevation of the intake weirs. Specific details of the modification were not discussed. ▪ The presence of algae in Lake Jesup is noted throughout a majority of the year. Issues related to algae are more prevalent during summer months and less prevalent during winter months. City staff indicated the field testing conducted by CPH Engineers, Inc. and Amiad Filtration Systems occurred during the winter months. As such, City staff suspect the quality of the source water utilized for field testing purposes was not representative of typical conditions and overestimated the performance of the filtration systems. ▪ Additional instrumentation and controls may enhance the operation and maintenance of this Facility. Specific items referenced included: pH, total suspended solids, pressures of various process streams, pump run times, and discharge valve controls. ▪ The absence of concrete pads under the existing high service pumps has contributed to excessive vibration of the equipment. ▪ The ground storage tank has a vertical crack along the west side of the structure. Independent Comments Related to the Facility Based upon the information presented above, CDM Smith offers the following comments: ▪ While not specifically regulated for this Project, organic and biological parameters should have been included in the source water quality evaluation due to their potential to adversely impact the treatment process. ▪ A properly designed filtration and disinfection system can meet the goals of this Project (i.e. 700 gpm with less than 5 mg/L of total suspended solids); however, it is unclear if the equipment currently installed at the Facility can meet these goals. Please note, as this is an existing filtration and disinfection system, other processes will not be evaluated at this time. ▪ The performance testing documents which referenced field testing efforts focused strictly on water quality (i.e. total suspended solids concentration and particle size distribution). Physical operating conditions (i.e. filtration rates, operating pressures, etc.) were not discussed. When referenced, production capacities of individual units were referenced as “estimated.” 489 Lena Rivera, P.E., D.WRE June 6, 2018 Page 10 Evaluation Memo - Final.docx ▪ CDM Smith believes Sections 11601 and 11602 were written for specific pieces of equipment (i.e. Amiad Model EBS 10000 and Amiad Model AMF-370K, respectively). While both specifications identify specific performance requirements for each piece of equipment (i.e. production capacity and product water total suspended solids concentration), the specifications did not provide language to enforce the performance requirements. ▪ Process flow and process instrumentation drawings were not provided. ▪ Based upon the data collected during the startup and commissioning of the Facility, neither filtration system produced water that complied with the specified total suspended solids requirements identified in their respective specifications. No flow data was provided, therefore, the ability of the filtration system to produce 700 gpm of water is not known. While required by Sections 11601 and 11602, no performance testing documentation was provided. ▪ A comprehensive hydraulic evaluation of the flush water system is warranted. While definitive statements regarding potential flush water system modifications should only be made after the hydraulic evaluation is completed, CDM Smith suspects one or more of the following items will be confirmed once the evaluation concludes. • The existing flush water pump is not properly sized/designed for the current installation (i.e. total dynamic head/drive type). • The existing control valves (i.e. Bermad/Cla-Val) are not properly configured for the current installation. • The existing alarm setpoints are not appropriate for the current installation. Additional troubleshooting efforts related to the Amiad Model AMF-370K unit will be unproductive until deficiencies associated with the flush water system are resolved. The installation of additional instrumentation and controls features will greatly enhance troubleshooting efforts associated with the Facility as well as future operation and maintenance efforts. Specific instruments include total suspended solids analyzers and numerous pressure indicating transmitters. ▪ Concrete pads should be installed under the three (3) vertical turbine high service pump. Recommendations The performance of the existing system can be improved; however, the degree of improvement cannot be determined at this time. A systematic series of recommendations for the City’s considerations are provided below. Recommendations are generally presented in the order of recommended implementation; however, some recommendations may allow concurrent implementation. ▪ Based on discussions with the filter manufacturer and the City, it is not believed that the current treatment system can deliver the required 700 gpm meeting the water quality 490 Lena Rivera, P.E., D.WRE June 6, 2018 Page 11 Evaluation Memo - Final.docx requirement of 5 mg/L total suspended solids. Prior to implementing costly repair of the existing system, a desktop evaluation to determine the cost to upgrade the existing system or replace it with alternative treatment technologies is recommended. ▪ Repair of the intake pump control panel is required to restart the facility. This repair should be completed as soon as possible. ▪ Several recommendations for repair of the existing system are listed below if this option is selected in the desktop evaluation. ▪ CDM Smith can work with Amiad Filtration Systems and the City to test and troubleshoot the filtration system and develop a list of recommended activities to repair or modify to improve performance. CDM Smith anticipates this testing will span several days during which Amiad will: inspect the internal and external condition of both Amiad Model EBS 10000 units, inspect the internal and external condition of the Amiad Model AMF-370K unit, inspect the condition of the flush water system, and perform any necessary/remedial maintenance on the equipment. Once Amiad is satisfied that all equipment is in good working order, the City (with assistance from Amiad) would place the Facility into operation to perform a functional test of the entire system. Numerous operating parameters would be monitored throughout the functional test including but not limited to: filtration system feed flow, flush water system flow, pre-screening system inlet pressure, pre-screening system outlet/microfiber filtration system inlet pressure, microfiber filtration system outlet pressure, flush water system inlet pressure, flush water system outlet pressure, source water total suspended solids concentration, pre-screening system outlet/microfiber filtration system inlet total suspended solids concentration, microfiber filtration system outlet total suspended solids concentration, distribution system total suspended solids concentration, and distribution system chlorine residual. Such information would be reviewed and analyzed to determine how each system performs relative to the specified requirements ▪ Concurrently with the filtration system testing, ancillary systems can be tested including the air compressor, flush pump station, chemical metering pumps, high service pumps, etc., and the existing instruments can be calibrated. ▪ Following completion of system testing, a comprehensive list of required improvements can be developed. ▪ Required upgrades that are currently known include replacement of the flush water system and the intake pump station control panel. Structural repair of the clear well and installation of concrete pads under high service pumps are also required. ▪ Potential additional upgrades to improve system operation will be identified following additional system testing and may include the following: • Implement a periodic chemical cleaning regime for the Amiad Model AMF-370K unit to improve its production rate. 491 Lena Rivera, P.E., D.WRE June 6, 2018 Page 12 Evaluation Memo - Final.docx • Relocate the sodium hypochlorite injection location to a point upstream of the filtration equipment to limit biological activity within each filtration unit. • Install finer screens in the two Amiad Model EBS 10000 units and/or finer cassettes in the Amiad Model AMF-370K unit to reduce the total suspended solids concentration of the water produced by each unit. Please note, the installation of finer screens and/or cassettes is expected to increase the headloss across each of the filtration systems. This may result in a corresponding decrease in the production rate of the Facility. A detailed hydraulic evaluation would be required as part of this concept. • In the event the recommended/remedial actions identified during preliminary discussions with Amiad Filtration Systems and the finer screens/cassettes do not result in acceptable total suspended solids concentrations, consider the use of alternate filtration processes (i.e. bag/cartridge filtration). Such processes could be utilized as a stand-alone replacement to the Amiad Model AMF-370K unit or as a polishing step. If the City desires to pursue this concept, CDM Smith strongly recommends the City conduct a comprehensive pilot test to verify performance, identify critical design parameters (i.e. degree of filtration required, pressure requirements, and filtration rate requirements), and estimate filter replacement frequency. Please note, the installation of a new filtration process, either as a stand- alone process or as a polishing step, will impact the hydraulics of the existing Facility. In addition to a comprehensive pilot test, a detailed hydraulic evaluation would be required as part of this concept. We look forward to continuing to work with the City to improve the performance of the Lake Jesup Reclaimed Augmentation Facility. Please contact us with any questions or comments on the above information. 492 0204060801001201401603/27/2013 4/16/2013 5/6/2013 5/26/2013 6/15/2013 7/5/2013 7/25/2013 8/14/2013Total Suspended Solids (mg/L)DateLake Jesup Reclaimed Water Augmentation Facility - Total Suspended SolidsRawFilter #1Filter #2Final (Distribution)Maximum Raw SpecifiedMaximum Filter #1 Effluent/Filter #2 Feed SpecifiedMaximum Filter #2 Effluent Specified 493 0 10 20 30 40 50 60 70 3/27/2013 4/16/2013 5/6/2013 5/26/2013 6/15/2013 7/5/2013 7/25/2013 8/14/2013Turbidity (NTU)Date Lake Jesup Reclaimed Water Augmentation Facility -Turbidity Raw Filter #1 Filter #2 Final (Distribution) 494 0 2 4 6 8 10 12 3/27/2013 4/16/2013 5/6/2013 5/26/2013 6/15/2013 7/5/2013 7/25/2013 8/14/2013Chlorine Residual (mg/L as Cl2)Date Lake Jesup Reclaimed Water Augmentation Facility -Chlorine Residual Final (Distribution) 495 496 497 498 499 500 CITY COMMISSION REGULAR MEETING MINUTES MONDAY, NOVEMBER 08, 2021 AT 6:30 PM CITY HALL - COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA 501 C I T Y C O M M I S S I O N M I N U T E S | R E G U L A R M E E T I N G | M O N D A Y , N O V E M B E R 0 8 , 2 0 2 1 | P A G E 2 O F 9 CALL TO ORDER Mayor Kevin McCann called the Regular Meeting of Monday, November 8, 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 Commissioner Matt Benton, present Commissioner Kevin Cannon, present Commissioner TiAnna Hale, present Commissioner Rob Elliott, present Deputy City Manager Casey Howard, present Assistant City Attorney Kristin Eick, present City Clerk Christian Gowan, present Commissioner Cannon asked that Item 500 be heard prior to the Public Hearings Agenda. There was no objection. The City Clerk noted a typographical update on the attachment for Item 300, noted an updated copy had been provided on the dais and would be made available on the City website. AWARDS AND PRESENTATIONS 100) Proclamation Expressing Appreciation for Zechariah Cartledge Mayor McCann presented a proclamation to Zechariah Cartledge in honor of his contributions and promotion of the City of Winter Springs. 101) Update on Orange Avenue Mr. Christopher Schmidt, Director, Community Development Director noted the previously approved settlement agreement had been upheld and invited questions. INFORMATIONAL AGENDA 200) Current Development Projects Summary No discussion 502 C I T Y C O M M I S S I O N M I N U T E S | R E G U L A R M E E T I N G | M O N D A Y , N O V E M B E R 0 8 , 2 0 2 1 | P A G E 3 O F 9 PUBLIC INPUT Mayor McCann opened Public Input Ms. Gina Shafer, Winter Springs Village, Winter Springs spoke about the need for more meetings and the importance of keeping track of board/committee attendance. Ms. Pia Valenciano , 317 McLeod’s Way, Winter Springs shared concerns about the Winter Springs Marketplace development, and noted HOA board efforts Mr. William Morrisey, 965 Sequoia Drive, Winter Springs asked about activity at a convenience store and potential capping of wells. Mr. Schmidt noted he was aware of a Florida Department of Environmental Protection permit issued regarding removal of gas tank fragments but that he was not aware of any plans to place new tanks. Mayor McCann closed Public Input. CONSENT AGENDA 300) Final Budget Amendment for Fiscal Year 2020-2021 No discussion 301) Minutes from the October 25, 2021 City Commission Regular Meeting No discussion "MOTION TO APPROVE CONSENT AGENDA." MOTION BY DEPUTY MAYOR JOHNSON. SECONDED BY COMMISSIONER HALE. DISCUSSION. VOTE: BENTON (AYE); CANNON (AYE); JOHNSON (AYE); HALE (AYE); ELLIOTT (AYE) MOTION CARRIED 5-0. REGULAR AGENDA 500) The 2021 Interlocal Agreement (ILA) for Public School Facility Planning and School Concurrency Presentation Mr. Schmidt provided a brief summary about the Interlocal Agreement process and introduced Mr. Richard LeBlanc, Seminole County Public Schools (SCPS), Director of 503 C I T Y C O M M I S S I O N M I N U T E S | R E G U L A R M E E T I N G | M O N D A Y , N O V E M B E R 0 8 , 2 0 2 1 | P A G E 4 O F 9 Project Management and Facilities and Mr. Chad Wilsky, SCPS Assistant Superintendent, Operations. Mr. LeBlanc presented on the history of the ILA, proposed changes, and frequently asked questions. Mayor reviewed process Discussion followed on concerns with the proposed Concurrency Service Areas (CSAs), proposed changes which would allow 88% of parties to make changes to the Interlocal Agreement, bussing times, and cost-effectiveness of certain School Board policies. Mr. Gregg Johnson, Seminole County Public Schools, Assistant Attorney spoke about the rationale for the proposed changes to the agreement and noted that certain aspects would still require 100% agreement from all parties. Further discussion followed on proposed language changes in the agreement, the desire for regular review periods, development, and the importance of reliable information to consider when developments are being considered for approval. Commissioners agreed they would like to further review with the City Attorney and propose language changes. Commissioners thanked the representatives from SCPS for their willingness to discuss and asked that the item be brought back at a later date. "MOTION TO APPROVE EXTENDING THE MEETING THROUGH SECOND PUBLIC INPUT." MOTION BY COMMISSIONER CANNON. SECONDED BY DEPUTY MAYOR JOHNSON. DISCUSSION. MOTION PASSED WITH UNANIMOUS CONSENT. PUBLIC HEARINGS AGENDA 400) The Community Development Department, Planning Division requests that the City Commission hold a Public Hearing to consider Evaluation and Appraisal Report (EAR) based amendments to the Comprehensive Plan (Ordinance 2021-08), amending the Comprehensive Plan related to the Recreation and Open Space Element. Mr. Schmidt introduced Item 400, reviewed history, and staff's recommendation. 504 C I T Y C O M M I S S I O N M I N U T E S | R E G U L A R M E E T I N G | M O N D A Y , N O V E M B E R 0 8 , 2 0 2 1 | P A G E 5 O F 9 Discussion followed on proposed additional languages, specifically regarding Policy 1.5.6. Staff noted no objections to the proposed addition. “MOTION TO READ BY TITLE ONLY.” MOTION BY COMMISSIONER CANNON. SECONDED BY DEPUTY MAYOR JOHNSON. DISCUSSION. MOTION PASSED WITH UNANIMOUS CONSENT. Assistant City Attorney Kristin Eick read Ordinance 2021-08 by title only. Mayor McCann opened the Public Hearing for Item 400 No one spoke. Mayor McCann closed the Public Hearing for Item 400 "MOTION TO APPROVE ITEM 400 AS REVISED ON POLICY 1.5.6 WITH FOUR (4) WORDS PRECEDING PROVIDE, ‘EXPLORE FUNDING SOURCES TO…’" MOTION BY COMMISSIONER CANNON. SECONDED BY COMMISSIONER HALE. DISCUSSION. VOTE: CANNON (AYE); HALE (AYE); BENTON (AYE); JOHNSON (AYE); ELLIOTT (AYE) MOTION CARRIED 5-0. 401) The Community Development Department, Planning Division requests that the City Commission hold a Public Hearing to consider Evaluation and Appraisal Report (EAR) based amendments to the Comprehensive Plan (Ordinance 2021-07), amending the Comprehensive Plan related to the Capital Improvements Element. Mr. Schmidt introduced the item, reviewed history, and provided staff's recommendation. “MOTION TO READ BY TITLE ONLY.” MOTION BY COMMISSIONER CANNON. SECONDED BY DEPUTY MAYOR JOHNSON. DISCUSSION. MOTION PASSED WITH UNANIMOUS CONSENT. Assistant City Attorney Eick read Ordinance 2021-07 by title only. Mayor McCann opened the Public Hearing for Item 401 No one spoke. 505 C I T Y C O M M I S S I O N M I N U T E S | R E G U L A R M E E T I N G | M O N D A Y , N O V E M B E R 0 8 , 2 0 2 1 | P A G E 6 O F 9 Mayor McCann closed the Public Hearing for Item 401. Discussion followed on proposed changes to several policies and objectives. Mayor McCann noted that substantial changes were being proposed and suggested sending the item back to Staff to incorporate changes, discussing the item further with the City Attorney, and allowing sufficient time to review. Mayor McCann opened the Public Hearing for Item 401. Mr. William Morrisey, 965 Sequoia Drive, Winter Springs asked about potential compensation from developers for schools. Ms. Loretta Ames, 150 Third Street, Winter Springs spoke about the importance of stability for children in their schools. Mayor McCann closed the Public Hearing for Item 401. Mr. Schmidt noted Staff was comfortable with the changes and requested a motion to continue the item to a time date certain. "MOTION TO CONTINUE TO TIME DATE CERTAIN OF DECEMBER 13, 2021." MOTION BY DEPUTY MAYOR JOHNSON. SECONDED BY COMMISSIONER HALE. DISCUSSION. VOTE: BENTON (AYE); CANNON (AYE); JOHNSON (AYE); HALE (AYE); ELLIOTT (AYE) MOTION CARRIED 5-0. REGULAR AGENDA 501) Appointment Opportunities for City Boards and Committees “MOTION TO REAPPOINT ANDREW ZACHARIAS TO THE PARKS AND RECREATION ADVISORY COMMITTEE.” MOTION BY COMMISSIONER CANNON. SECONDED BY DEPUTY MAYOR JOHNSON. DISCUSSION. MOTION PASSED WITH UNANIMOUS CONSENT. “MOTION TO APPOINT KEN SPALTHOFF TO THE DISTRICTING COMMISSION.” MOTION BY COMMISSIONER CANNON. SECONDED BY DEPUTY MAYOR JOHNSON. DISCUSSION. 506 C I T Y C O M M I S S I O N M I N U T E S | R E G U L A R M E E T I N G | M O N D A Y , N O V E M B E R 0 8 , 2 0 2 1 | P A G E 7 O F 9 MOTION PASSED WITH UNANIMOUS CONSENT. “MOTION TO APPONT MICHAEL ELY TO THE DISTRICTING COMMISSION.” MOTION BY COMMISSIONER ELLIOTT. SECONDED BY COMMISSIONER CANNON. DISCUSSION. MOTION PASSED WITH UNANIMOUS CONSENT. “MOTION TO APPOINT ROBERT MILLER TO THE DISTRICTING COMMISSION.” MOTION BY COMMISSIONER BENTON. SECONDED BY COMMISSIONER CANNON. DISCUSSION. MOTION PASSED WITH UNANIMOUS CONSENT. 502) New Business Mayor McCann noted he planned to reach out to Emergency Management and encouraged all Commissioners learn their roles in these situations. Commissioners agreed on the importance and suggested a potential closed meeting to discuss the topic. REPORTS 600) Deputy City Manager Casey Howard  Noted the upcoming Veteran Memorial Event on Thursday, November 11, 2021 601) Assistant City Attorney Kristin Eick  Noted that CPH had indicated availability on December 6, 2021 to attend a Special Meeting 602) City Clerk Christian Gowan  No report 603) Seat Five Commissioner Rob Elliott  Noted the time limits on agenda item discussion and efforts to implement. 604) Mayor Kevin McCann  Noted that Hometown Harvest was a big success and spoke about the many upcoming events planned in the City. 507 C I T Y C O M M I S S I O N M I N U T E S | R E G U L A R M E E T I N G | M O N D A Y , N O V E M B E R 0 8 , 2 0 2 1 | P A G E 8 O F 9 605) Seat One Commissioner Matt Benton  Noted he was looking forward to attending the second session of the Institute for Elected Municipal Officials 606) Seat Two Commissioner Kevin Cannon  Offered compliments on the Hometown Harvest event  Noted his attendance at the Florida League of Cities Legislative Conference 607) Seat Three Commissioner/Deputy Mayor Ted Johnson  Noted the presentation of a check to the Shop with a Cop Program from the Tuscawilla Homeowner’s Association  Noted progress on the Torcaso Pavillion and the great work being done by City staff 608) Seat Four Commissioner TiAnna Hale  Noted her appointment to the Federal Action Strike Team  Noted the great benefit of attending Florida League of Cities Conferences PUBLIC INPUT Mr. Art Gallo, 199 Nandina Terrace, Winter Springs complimented the Commission on their handling of the ILA discussion. "MOTION TO APPROVE HAVE SPECIAL MEETING DEC 6, 2021 AT 6:30PM WITH CPH AND REPRESENTATIVES." MOTION BY DEPUTY MAYOR JOHNSON. SECONDED BY COMMISSIONER HALE. DISCUSSION. VOTE: BENTON (AYE); CANNON (AYE); JOHNSON (AYE); HALE (AYE); ELLIOTT (AYE) MOTION CARRIED 5-0. ADJOURNMENT Mayor McCann adjourned the meeting at 10:14 PM. RESPECTFULLY SUBMITTED: ____________________________________ CHRISTIAN GOWAN 508 C I T Y C O M M I S S I O N M I N U T E S | R E G U L A R M E E T I N G | M O N D A Y , N O V E M B E R 0 8 , 2 0 2 1 | P A G E 9 O F 9 CITY CLERK APPROVED: ____________________________________ MAYOR KEVIN McCANN NOTE: These Minutes were approved at the_________________, 2021 City Commission Regular Meeting. 509 PUBLIC HEARINGS AGENDA ITEM 400 CITY COMMISSION AGENDA | DECEMBER 13, 2021 REGULAR MEETING TITLE Final adoption of Ordinance 2021-06, an Ordinance of the City Commission of the City of Winter Springs, Florida, amending the text of the City’s Comprehensive Plan to include a Property Rights Element as required by law. SUMMARY In accordance with the provisions of SB 59 (Fla. Stat. § 163.3177(6)(i)), passed during the 2021 Legislative Session, the Florida Legislature adopted, and Governor DeSantis signed into law, Chapter 2021-195, Laws of Florida requiring local governments to amend their comprehensive plans to include a property rights element. The City of Winter Springs recognizes the importance of property rights and desires to expeditiously comply with the new law by adding a Property Rights Element to its Comprehensive Plan. 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 Land Planning Agency reviewed and unanimously recommended approval the Ordinance at the August 5, 2021 Planning and Zoning/Local Planning Agency meeting. The City Commission reviewed and unanimously approved the First Reading of the Ordinance at the September 13, 2021 City Commission meeting. The proposed Ordinance was advertised in the Orlando Sentinel on July 26, 2021 and on December 7, 2021. Applicable Law And Public Policy Constitution of the State of Florida Article VIII Section 2(b) Municipalities Florida Statute 163.3194 Legal Status of Comprehensive Plan Florida Statute 163.3201 Relationship of Comprehensive Plan in exercise of Land Development Regulatory Authority Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Winter Springs Charter Section 4.15 Ordinances in General. Winter Springs Chapter 15. Winter Springs Comprehensive Plan 510 Fiscal Impact The amendment is not expected to have any fiscal impact. Proposed Timeline 1. July 26, 2021 Advertisement runs in Orlando Sentinel (10 days prior to LPA) 2. August 5, 2021 Local Planning Agency/Planning & Zoning Board 3. September 13, 2021 City Commission - 1st Reading/Transmittal 4. December 7, 2021 Advertisement runs in Orlando Sentinel (5 days prior to City Commission) 5. December 13, 2021 City Commission – 2nd Reading/Adoption 6. December 27, 2021 Adopted Plan Amendment Submittal to State (within 10 days after 2nd Reading/Adoption of City Commission) 7. January 5, 2022 Department of Economic Opportunity (determine completeness of the adopted plan amendment package and notify the local government within five (5) working days after receipt) 8. February 4, 2022 Department of Economic Opportunity (30 day compliancy review) 9. February 7, 2022 Effective Date (no petitions filed) RECOMMENDATION Staff recommends the City Commission hold a Public Hearing and Approve the Second Reading/Adoption of Ordinance 2021-06 amending the Comprehensive Plan to create a Property Rights Element in accordance with Chapter 2021-195, Laws of Florida, and authorize transmittal to the Department of Economic Opportunity and other reviewing agencies as required by law. 511 City of Winter Springs Ordinance No. 2021-06 Page 1 of 4 ORDINANCE NO. 2021-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE TEXT OF THE CITY’S COMPREHENSIVE PLAN TO INCLUDE A PROPERTY RIGHTS ELEMENT AS REQUIRED BY LAW; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE COMPREHENSIVE PLAN, SEVERABILITY AND AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT. WHEREAS, section 163.3161 et. seq., Florida Statutes, established the Community Planning Act, which was formerly known as the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, the Community Planning Act requires each municipality in the State of Florida to prepare, adopt, and update a Comprehensive Plan; and WHEREAS, during the 2021 Legislative Session, the Florida Legislature adopted, and Governor DeSantis signed into law, Chapter 2021-195, Laws of Florida requiring local governments to amend their comprehensive plans to include a property rights element; and WHEREAS, the City of Winter Springs recognizes the importance of property rights and desires to expeditiously comply with the new law by adding a property rights element to its Comprehensive Plan; and WHEREAS, in accordance with the provisions of the Community Planning Act, the City’s Land Planning Agency has reviewed and made a recommendation regarding this Ordinance at a duly held public meeting as required by law; and WHEREAS, the City Commission of the City of Winter Springs held two duly noticed public hearings on the proposed amendment set forth hereunder and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and supporting data and analysis, and after complete deliberation, hereby approves and adopts the Comprehensive Plan Amendment set forth hereunder; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Commission of the City of Winter Springs. 512 City of Winter Springs Ordinance No. 2021-06 Page 2 of 4 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Community Planning Act, sections 163.3161 et. seq., Florida Statutes, and Chapter 2021-195, Laws of Florida. Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this Ordinance to adopt a comprehensive plan amendment incorporating the revisions stated herein as part of the City of Winter Springs Comprehensive Plan. Section 4. Addition of Property Rights Element. The City of Winter Springs Comprehensive Plan is hereby amended as set forth below (underlined type indicates additions and strikeout type indicates deletions, while *** indicate deletions from the text of this Ordinance that shall remain unchanged in the City’s Comprehensive Plan): City of Winter Springs Comprehensive Plan * * * CHAPTER X PROPERTY RIGHTS ELEMENT A. GOALS, OBJECTIVES and POLICIES GOAL 1: The City will respect judicially acknowledged and constitutionally protected private property rights. Objective 1.1: The City will consider when appropriate and applicable judicially acknowledged and constitutionally protected private property rights when making decisions. Policy 1.1.1: In accordance with Florida law requiring governmental entities to respect judicially acknowledged and constitutionally protected private property rights, the following rights shall be considered in local decisionmaking: 1. The right of a property owner to physically possess and control his or her interests in the property, including easements, leases, or mineral rights. 2. The right of a property owner to use, maintain, develop, and improve his or her property for personal use or for the use of any other person, subject to state law and local ordinances. 3. The right of the property owner to privacy and to exclude others from the property to protect the owner's possessions and property. 4. The right of a property owner to dispose of his or her property through sale or gift. 513 City of Winter Springs Ordinance No. 2021-06 Page 3 of 4 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts or ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 6. Incorporation into Comprehensive Plan. Upon the effective date of the Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be incorporated into the City of Winter Springs Comprehensive Plan and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 7. Severability. If any section, subsection, sentence, clause, phrase, word, or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 8. Effective Date. The effective date of the Comprehensive Plan Amendment adopted by this Ordinance shall be thirty-one (31) days after the state land planning agency notifies the City that the plan amendment package is complete pursuant to section 163.3184(3)(c)(4.), Florida Statutes. If the plan amendment is timely challenged, the plan amendment shall not become effective until the state land planning agency or the Administration Commission enters a final order determining the adopted amendment to be in compliance. No development orders, development permits, or land use dependent on this plan amendment may be issued before it has become effective. After and from the effective date of this plan amendment, the Comprehensive Plan Amendment set forth herein shall amend the City of Winter Springs Comprehensive Plan and become a part of that plan and the plan amendment shall have the legal status of the City of Winter Springs Comprehensive Plan, as amended. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _____ day of ______________, 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 514 City of Winter Springs Ordinance No. 2021-06 Page 4 of 4 Legal Ad: _______________ First Reading: Second Reading: 515 516 517 Orlando Sentinel | Section 1 | Tuesday, December 7, 2021 11 Advertising categories include: •Announcements&celebrations •Merchandise &carsfor sale •Job recruitment •Honoring alife •Pets foradoption And more Place your ad toddday! PlaceAnAd.tribpppub.com Creating your ownadinthis publication is easy,affordable and will reach thousands in print and online. NOTICE OF PUBLIC SALE:MAJESTIC AUTOS INC. gives notice that on 12/30/2021 at 08:00 AM the following vehicles(s) may be sold by public sale at 5452 N PINE HILLS RD, ORLANDO, FL 32808 to satisfy the lien for the amount owed on each vehicle for any recovery, towing, or storage services charges and administrative fees allowed pursuant to Florida statute 713.78. JTMBD33V965049926 2006 TOYT 4T1BD1FK4CU030736 2012 TOYOTA NOTICE OF PUBLIC SALE:ISLAND AUTO TOWING gives notice the following vehicles(s) may be sold by public sale at 953 MERCY DR SUITE A ORLANDO, FL 32808 to satisfy the lien for the amount owed on each vehicle for any recovery, towing, or storage services charges and administrative fees allowed pursuant to Florida statute 713.78. SALE DATE: DECEMBER 24, 2021 AT 08:00 AM 3D7ML48A98G146598 2008 DODG 5YMGZ0C58D0C40151 2013 BMW SALE DATE: JANUARY 1, 2021 AT 08:00 AM 2C3CDXCT8HH667054 2017 DODGE NOTICE UNDER FICTITIOUS NAME TO WHOM IT MAY CONCERN: Notice is hereby given that the under signed pursuant to the “Fictitious Name Statute, Chapter 865.09, Florida Statutes, will register with the Division of Corporations, Department of State, State of Florida upon receipt of this notice. The fictitious name, to-wit:Fly Frenzieunder which (I am) (we are) engaged in business at 214 Lewfield Cir, Winter Park, FL 32792 That the (party) (parties) interested in said business enterprise is as follows:Paul Brennan 214 Lewfield Cir, Winter Park, FL 32792Dated at Winter Park, Seminole County , Florida, 12/06/2021 SEM7100834 12/7/2021 NOTICE UNDER FICTITIOUS NAME TO WHOM IT MAY CONCERN: Notice is hereby given that the under signed pursuant to the “Fictitious Name Statute, Chapter 865.09, Florida Statutes, will register with the Division of Corporations, Department of State, State of Florida upon receipt of this notice. The fictitious name, to-wit:GRANNY’S HOUSE CUSTOM CANDLESunder which (I am) (we are) engaged in business at 518 N. Orange Blossom Trail, A4 That the (party) (parties) interested in said business enterprise is as follows:Shanna HOLWAGER 518 N. Orange Blossom Trail, A4Dated at Orlando, Orange County , Florida, 12/01/2021 ORG NOTICE UNDER FICTITIOUS NAME TO WHOM IT MAY CONCERN: Notice is hereby given that the under signed pursuant to the “Fictitious Name Statute, Chapter 865.09, Florida Statutes, will register with the Division of Corporations, Department of State, State of Florida upon receipt of this notice. The fictitious name, to-wit:Sintillation LLCunder which (I am) (we are) engaged in business at 20448 Majestic Street That the (party) (parties) interested in said business enterprise is as follows:Adam Joseph Nehr 20448 Majestic StreetDated at Orlando, Orange County , Florida, 12/3/2021 ORG For Home Delivery call 407-420-5353 INVITATION TO BIDTURNER-KIEWIT JV &GREATER ORLANDOAVIATION AUTHORITYSOUTH TERMINAL CLANDSIDE -GMP 7S.2 – LST East Hardscape Turner-Kiewit, Joint Venture (TK) will be bidding the LST East Hardscape The bid package will be: Hardscape. TK invites prime subcontractors to complete and submit Turner’s prequalification. The pre-qualification process can be found at TK’s Project website, http://www.tkgoaa.com. The website will contain all announcements and any associated dates regarding the South Terminal C, LST. Turner-Kiewit is committed to exceeding GOAA’s MWBE, LDB/SDVOBE, DBE goals on the project. Goals will be established for each scope of work to maximize MWBE, LDB/SDVOBE participation. We invite and encourage MWBE, LDB/SDVOBEs to bid.Bid Package Release Date: Wednesday December 1, 2021 Bid Due Date: Friday December 10, 2021 at 1pm EST For more information, please contact Dwayne Reid at dreid@tcco.com or Evan Ratchford at eratchford@tcco.com Turner-Kiewit is an equal employment opportunity employer--Minorities/individuals/females/veterans/individuals with disabilities/ sexual orientation/gender identity. VEVRAA Federal Contractor. 12/03 12/04 12/05 12/06 12/07 12/08 12/09 12/10/2021 7097566 CITY OF WINTER SPRINGS NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION PROPOSE TO CONSIDER: ORDINANCE NO. 2021-06AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE TEXT OF THE CITY’S COMPREHENSIVE PLAN TO INCLUDE A PROPERTY RIGHTS ELEMENT AS REQUIRED BY LAW; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE COMPREHENSIVE PLAN, SEVERABILITY AND AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT. CITY COMMISSION SECOND READING/ADOPTION PUBLIC HEARING WILL BE HELD ON MONDAY, DECEMBER 13, 2021 AT 6:30 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL, 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA. The proposed ordinance may be inspected by interested parties between 8 a.m. and 5 p.m., Monday through Friday, at the City’s Clerk’s Office, located at 1126 East State Road 434, Winter Springs, Florida. For more information call (407) 327-1800, Extension 253. Interested parties may appear at the meeting and be heard with respect to the proposed ordinance. Persons with disabilities needing assistance to participate in any of these proceedings should contact the Employee Relations Department Coordinator, 48 hours in advance of the meeting at (407) 327-1800, Extension 236. This is a public hearing. If you decide to appeal any recommendation/ decision made by the City Commission with respect to any matter considered at this meeting, you will need a record of the proceedings, and for such purposes, you may need to ensure that a verbatim record of the proceedings is made upon which the appeal is based. 12/07/2021 7096703 LEGAL NOTICE Dr. Nicole L. Cameron will no longer be practicing at General Pediatrics effective December 15, 2021. A copy of patient medical records can be obtained by calling (407) 365-4499. FOLLOW SHARESAVE download today! download the Orlando Sentinel app make it yours URBAN ORLANDO COMMUNITY DEVELOPMENT DISTRICT NOTICE OF REGULAR MEETING Notice is hereby given that the Board of Supervisors (“Board”) of the Urban Orlando Community Development District (“District”) will hold a regular meeting on Wednesday, December 15, 2021 at 8:30 a.m., where the Board may consider any business that may properly come before it at Grace Hopper Hall, 1913 Meeting Place, Orlando, Florida. The Meeting is open to the public and will be conducted in accordance with the provisions of Florida law for community development districts. The Meeting may be continued to a date, time, and place to be specified on the record at such Meeting. Any person requiring special accommodations at the Meeting because of a disability or physical impairment should contact the District Manager’s Office at least forty-eight (48) hours prior to each respective Meeting. If you are hearing or speech impaired, please contact the Florida Relay Service by dialing 7-1-1, or 1-800-955-8771 (TTY) / 1-800-955-8770 (Voice), for aid in contacting the District Manager’s Office. Each person who decides to appeal any decision made by the Board with respect to any matter considered at the Meeting is advised that person will need a record of proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based. At the Meeting, staff or Board members may participate in the public hearing by speaker telephone or communications media technology. Angel MontagnaDistrict Manager 12/07/2021 7100718 LEGAL NOTICE Notification is hereby given that Bank of America National Association, 100 North Tryon Street, Suite 170, Charlotte, Mecklenburg County, NC, 28202, has filed an application with the Comptroller of the Currency on December 7, 2021, as specified in 12 CFR 5 of the Comptroller’s Licensing Manual, for permission to establish a domestic branch in the vicinity of: • 14374 Narcoossee Rd, Orlando, Orange County, Florida 32832 Any person wishing to comment on this application may file comments in writing with the Large Bank Licensing Lead Expert, Office of the Comptroller of the Currency, 400 7th Street S.W., Mail Stop 10E-2, Washington, DC 20219, within 30 days after the date of this publication. The non-confidential portions of the application are on file with the Deputy Comptroller of the Currency as part of the public file. This file is available for public inspection during regular business hours. 12/07/2021 7096750 FREE ESTIMATES Lic.#CRC-1332112 Licensed•Bonded•Insured •Intruder Safe•Hurricane Strong CALL:Mon.-Sat.8am-6pmSunday9am-2pm (407)204-9384 Serving All of Central Florida.760860-1CALLNOW Windows Siding Doors Bathrooms Kitchens Roofing DOWNDOWNZERO100%Financing FREE LABOR NO CHARGE FOR INSTALLATION! NO INTERESTFOR12FULLMONTHS OFFERS END 12/31/2021 INTERESTINTEREST ZERO Hurricane ImpactWindows&Doors 50%OFF INSTALL!* *Limitone offer per household.Must purchase5+Classic/Designer Shelves.EXP 1/31/22 HOME SWEET ORGANIZED HOME Enjoy more access to your kitchen with custom pull-out shelves for your existing cabinets 12 NOINTERESTNOPAYMENTS*OnApprovedCredit* Schedule your FREE design consultation!(407)235-3477 518 PUBLIC HEARINGS AGENDA ITEM 401 CITY COMMISSION AGENDA | DECEMBER 13, 2021 REGULAR MEETING TITLE Review of Ordinance 2021-07, an Ordinance of the City Commission of the City of Winter Springs, Florida, amending the text of the City’s Comprehensive Plan related to the Capital Improvements Element. SUMMARY After June 2, 2011, local governments have had more discretion in determining whether they need to update their local comprehensive plan. As such, local governments no longer need to submit evaluation and appraisal reports to the department for a sufficiency determination. Instead, local governments must, at least every seven years, pursuant to Rule Chapter 73C- 49, Florida Administrative Code, determine whether the need exists to amend the Comprehensive Plan to reflect changes in State requirements since the last time the Comprehensive Plan was updated. The evaluation and appraisal should address changes in state requirements since the last update of the comprehensive plan and update the plan based on changes to local conditions. The attached documents include EAR based Comprehensive Plan amendments, specifically to the Capital Improvements Element. Subsequent EAR based amendments to other Comprehensive Plan Elements will follow in the next few months during upcoming public hearings. The revised language will allow the Element to come into full compliance with the Evaluation and Appraisal Report that was due in 2017. On October 14, 2021 the Local Planning Agency unanimously recommended approval of the Element to the City Commission. On November 8, 2021 the City Commission discussed several policies within the Capital Improvements Element during the public hearing. The City Commission wished to discuss these items further with the City Attorney and continued the agenda item to the December 13, 2021 City Commission meeting. 519 Applicable Law And Public Policy Constitution of the State of Florida Article VIII Section 2(b) Municipalities Florida Statute 163.3194 Legal Status of Comprehensive Plan Florida Statute 163.3201 Relationship of Comprehensive Plan in exercise of Land Development Regulatory Authority Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Winter Springs Charter Section 4.15 Ordinances in General. Winter Springs Chapter 15. Winter Springs Comprehensive Plan Fiscal Impact The amendment is not expected to have any fiscal impact. Proposed Timeline 1. October 4, 2021 Advertisement runs in Orlando Sentinel (10 days prior to LPA) 2. October 14, 2021 Local Planning Agency/Planning & Zoning Board 3. November 8, 2021 City Commission - 1st Reading/Transmittal Continued 4. December 13, 2021 City Commission - 1st Reading/Transmittal 5. December 16, 2021 Transmit to Department of Economic Opportunity 6. December 23, 2021 Department of Economic Opportunity Receipt Confirmation (30 day review) 7. January 18, 2022 Adoption Ad runs in Orlando Sentinel (5 days prior to City Commission) 8. January 24, 2022 City Commission – 2nd Reading/Adoption 9. February 7, 2022 Adopted Plan Amendment Submittal to State (within 10 days after 2nd Reading/Adoption of City Commission) 10. March 9, 2022 Department of Economic Opportunity (30 day compliancy review) 11. March 10, 2022 Effective Date (no petitions filed) RECOMMENDATION Staff recommends the City Commission hold a Public Hearing and Approve the First Reading/Transmittal of Ordinance 2021-07 amending the Comprehensive Plan related to the Capital Improvement Element and authorize transmittal to the Department of Economic Opportunity and other reviewing agencies as required by law. 520 City of Winter Springs Ordinance No. 2021-07 Page 1 of 4 ORDINANCE NO. 2021-07 A ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, SETTING FORTH AMENDMENTS TO THE CITY OF WINTER SPRINGS COMPREHENSIVE PLAN, CAPITAL IMPROVEMENTS ELEMENT BASED ON THE CITY’S EVALUATION AND APPRAISAL OF THE COMPREHENSIVE PLAN PURSUANT TO SECTION 163.3191, FLORIDA STATUTES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE COMPREHENSIVE PLAN; LEGAL STATUS OF THE COMPREHENSIVE PLAN AMENDMENTS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the Florida Legislature intends that local planning be a continuous and ongoing process; and WHEREAS, section 163.3161 et. seq., Florida Statutes, established Community Planning Act; and WHEREAS, consistent with the Community Planning Act, the City Commission has adopted the City of Winter Springs Comprehensive Plan; and WHEREAS, as required by section 163.3191, Florida Statutes, the City has conducted an evaluation of its Comprehensive Plan, Capital Improvements Element, to determine if plan amendments are necessary to reflect changes in state requirements since the last update of the City’s Comprehensive Plan, which is required to be adopted every seven (7) years to assess the progress of implementing the City=s Comprehensive Plan; and WHEREAS, section 163.3177, Florida Statutes, requires that the Comprehensive Plan contain a capital improvements element designed to consider the need for and the location of public facilities in order to encourage the efficient use of such facilities and set forth components that outline principles for construction, extension, or increase in capacity of public facilities and principles for correcting existing public facility deficiencies, which are necessary to implement the comprehensive plan, covering at least a 5-year period; and WHEREAS, the Local Planning Agency has reviewed the amendments to the Comprehensive Plan, Capital Improvements Element, set forth herein, held an advertised public hearing, provided for participation by the public in the process, and rendered its recommendations to 521 City of Winter Springs Ordinance No. 2021-07 Page 2 of 4 the City Commission; and WHEREAS, the City Commission, after considering the Local Planning Agency=s review comments and recommendations for amendments to the Capital Improvements Element, desires to adopt the amendments set forth herein; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this ordinance to be 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 ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Community Planning Act, Sections 163.3184 and 163.3191, Florida Statutes. Section 3. Purpose and Intent. The purpose and intent of this ordinance is to adopt text amendments to the City’s Comprehensive Plan as set forth herein, which are based on the City=s evaluation and appraisal of the Comprehensive Plan pursuant to Section 163.3191, Florida Statutes. Section 4. Adoption of Text Amendments to the Comprehensive Plan, Capital Improvements Element. The Winter Springs Comprehensive Plan, Capital Improvements Element is hereby amended only as specifically enumerated and set forth in Exhibit “A” attached hereto and fully incorporated herein by this reference. (Underlined type indicates additions and strikeout type indicates deletions). It is intended that the text in the Comprehensive Plan not specifically enumerated and set forth in this Exhibit shall remain unchanged from the language existing prior to adoption of this Ordinance). Section 5. Transmittal to the Department of Economic Opportunity. The City Manager or his designee is hereby designated to sign a letter transmitting the adopted Comprehensive Plan Amendment to the Florida Department of Economic Opportunity for state coordinated review and to any other agency or local government providing timely comments, in accordance with Section 163.3184(4), Florida Statutes. Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission of the City of Winter Springs, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 522 City of Winter Springs Ordinance No. 2021-07 Page 3 of 4 Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 8. Incorporation Into Comprehensive Plan. Upon the effective date of the Comprehensive Plan Amendments adopted by this Ordinance, said Amendments shall be incorporated into the City of Winter Springs Comprehensive Plan and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 9. Effective Date and Legal Status of the Plan Amendment. The effective date of the Comprehensive Plan Amendments adopted by this Ordinance shall be pursuant to the state land planning agency’s notice of intent. If timely challenged, an amendment does not become effective until the state land planning agency or the Administration Commission enters a final order determining the adopted amendment to be in compliance as defined in section 163.3184, Florida Statutes. No development orders, development permits, or land use dependent on these Amendments may be issued or commenced before it has become effective. If a final order of noncompliance is issued by the Administration Commission, the Amendments may nevertheless be made effective by adoption of a resolution affirming its effective status. After and from the effective date of these Amendments, the Comprehensive Plan Amendments set forth herein shall amend the City of Winter Springs Comprehensive Plan and become a part of that plan, and the Amendments shall have the legal status of the City of Winter Springs Comprehensive Plan, as amended. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the ____ day of ________________, 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 Transmittal Hearing: _____________________ Adoption Hearing: _____________________ 523 City of Winter Springs Ordinance No. 2021-07 Page 4 of 4 Effective Date: _____________________ 524 CAPITAL IMROVEMENTS ELEMENT CITY OF WINTER SPRINGS COMPREHENSIVE PLAN i TABLE OF CONTENTS A. GOALS, OBJECTIVES, AND POLICIES ................................................................................ 2 B. SUMMARY ....................................................................................................................... 12 LIST OF TABLES Table IX – 1: City of Winter Springs Five-Year Schedule of Capital Improvements (SCI) FY 2013/14 - 2017/18 2022/26 .................................................................................................... 11 Table IX – 2: Five-Year Schedule of Capital Improvements (SCI) FY 2013/14 - 2017/18 2022/26 by Fund ....................................................................................................................14 EXHIBIT A 525 CAPITAL IMROVEMENTS ELEMENT CITY OF WINTER SPRINGS COMPREHENSIVE PLAN IX - 2 CHAPTER IX CAPITAL IMPROVEMENTS ELEMENT A. GOALS, OBJECTIVES, AND POLICIES GOAL 1: Provide public facilities and services which protect and promote the public health, safety and general welfare of Winter Springs’ residents in a sustainable manner and which support mobility strategies, while accommodating desired future growth and redevelopment at acceptable Levels of Service. (Ord. 2010-18; 10-25-10) Objective 1.1: Annual Review. The City shall annually review and modify its Capital Improvements Element to ensure the financial feasibility and timely provision of capital facilities needed to maintain Level of Service (LOS) standards and to guide the City’s capital and operating expenditures on mobility toward achieving the stated goal of mobility and reduction of the City’s level of greenhouse gases emissions The Annual Review shall be presented to the City Commission annually during the first quarter of each calendar year. (Ord. 2010-18; 10-25-10) Policy 1.1.1: Identify capital projects needed to meet existing deficiencies, to accommodate desired future growth and to replace obsolete or worn- out facilities in a five-year Schedule of Capital Improvements (SCI) (Table IX-1). The SCI shall identify funding sources and shall be reviewed and updated annually in order to maintain a continual five- year priority and outline of capital projects planned for implementation. Policy 1.1.2: Include the first year of the SCI in the capital budget as part of the annual budgeting process, along with any other capital improvements that are identified in the City’s Capital Improvements Program. Policy 1.1.3: Define capital projects as those projects identified within the other elements of the Comprehensive Plan that are necessary to meet established LOS and to support mobility strategies, increase the capacity or efficiency of existing infrastructure, replace failing infrastructure or enhance facilities and infrastructure that generally have a cost exceeding $50,000. (Ord. 2010-18; 10-25-10) Policy 1.1.4: Include and fund capital projects for the following facilities and infrastructure in the SCI: Transportation (Mobility Strategies) (Ord. 2010-18; 10-25-10) Stormwater Management (Drainage) Sanitary Sewer Solid Waste Potable Water Parks and Recreation Policy 1.1.5: Update the SCI to maintain consistency with the Water Supply Work Plan (Exhibit IV-B-1). 526 CAPITAL IMROVEMENTS ELEMENT CITY OF WINTER SPRINGS COMPREHENSIVE PLAN IX - 3 Policy 1.1.6: Update the SCI on an annual basis, or eliminate, defer, or delay the construction for any facility listed in the five-year SCI by ordinance without an amendment to the Comprehensive Plan. Transmit a copy of the ordinance to the Florida Department of Economic Opportunity following Commission approval. (Ord. 2012-14) Policy 1.1.7: Allow corrections and modifications of costs and revenue sources in the SCI to be made by ordinance, in addition to annual updates, without an amendment to the City’s Comprehensive Plan. Transmit a copy of the ordinance to the Florida Department of Economic Opportunity following Commission approval. (Ord. 2012-14) Policy 1.1.8: Adopt either a long-term concurrency management system and/or other planning strategy to address long-term LOS deficiencies. (Ord. 2012-14) Policy 1.1.9: Consider capital projects for school capacity improvements included in the most recently approved Seminole County School Board’s Five-Year Capital Improvement Plan. (Ord. 2010-18; 10-25-10; Ord. 2012-14) Objective 1.2: Level of Service (LOS) and Mobility Strategies. The City shall utilize Level of Service (LOS) criteria and mobility strategies defined in the various elements of this Plan when determining the timing and funding of capital projects and to assist in determining a fair share that a development should contribute to the achievement of mobility strategies. The City must demonstrate that the LOS standards will be achieved and maintained by the end of the five-year planning period. A deficiency is a facility of service that does not meet (is operating below) the adopted Level of Service (LOS) standard. Within the citywide TCEA, mobility strategies as detailed in the Multimodal Transportation Element shall apply, which include Quality/Levels of Service (Q/LOS) for monitoring purposes. The City shall annually monitor evaluate whether conditions that trigger the need to alter Q/LOS standards (as identified in the Multimodal Transportation Element) have been achieved. If so, necessary improvements shall be included in capital or operating budgets and within the Capital Improvements Element. (Ord. 2010-18; 10-25- 10) Policy 1.2.1: Adopt LOS standards and mobility strategies for facilities and infrastructure as follows: a) Transportation (Mobility Strategies)- Within the citywide TCEA, mobility strategies and standards (as detailed in the Multimodal Transportation Element) shall apply. (Cross Reference: See Multimodal Transportation Element, Policy 1.1.1) (Ord. 2010-18; 10-25-10) b) Sanitary Sewer- 100 gallons per person per day. (Cross Reference: See Infrastructure Element, Policy 1.1.1.) c) Solid Waste- 3.7 pounds per person per day. (Cross Reference: See Infrastructure Element, Policy 3.1.1.) d) Potable Water- 115 gallons (minimum) per person per day. (Cross Reference: See Infrastructure Element, Policy 2.1.1.) e) Stormwater Management- (Cross Reference: See Infrastructure Element, Policy 4.1.1.) 527 CAPITAL IMROVEMENTS ELEMENT CITY OF WINTER SPRINGS COMPREHENSIVE PLAN IX - 4 1) Water Quantity - Peak post-development runoff rate shall not exceed peak pre-development runoff rate for the 25- year, 24-hour storm event. Each development shall accommodate its proportion of basin runoff rate above the downstream systems actual capacity. 2) Water Quality - Stormwater treatment system which meets the requirements of the Florida Administrative Code (F.A.C.) and which is site-specific or serve sub-areas of the City. 3) Roadway construction - All public roadways within a development shall be designed and constructed to standards which do not allow any amount of water above the roadway centerline during the following storm events for the following roadway types: i. Local Roadway – 25-year, 24-hour design storm event (8.6 inches of rainfall). ii. Collector Roadway – 25-year, 24-hour design storm event (8.6 inches of rainfall). iii. Arterial Roadway – 100-year, 24-hour design storm event (10.6 inches of rainfall). f) Parks- 8 acres (total public park and recreation land acreage, including open space) per 1,000 residents. The City may utilize State and county park lands and trails that are located within the City’s jurisdictional boundaries. This standard includes both passive and active recreation lands. (Cross Reference: See Recreation and Open Space Element, Policy 1.1.1) City Owned Open Space- 4 acres per 1,000 residents. Open space is defined as “undeveloped lands suitable for passive recreation or conservation”. (Cross Reference: See Recreation and Open Space Element, Policy 1.1.1) g) School Capacity- as established by the Seminole County School Board- 100% of the aggregate permanent Florida Inventory of School Houses (FISH) capacity for each school type within each Concurrency Service Area, except for high schools which are established at 110% of the current aggregate permanent FISH capacity for 2008-2012 in order to financially achieve the desired LOS. (Cross Reference: See Public School Facilities Element, Policy 1.1.1.) Policy 1.2.2: Evaluate proposed land use amendments to determine the compatibility of those amendments with the adopted LOS standards, mobility strategies, and with available funding for implementing improvements that would be necessary pursuant to such land use amendments. (Ord. 2010-18; 10-25-10) Policy 1.2.3: Consider the following thresholds to target initiation and budgeting of construction and/or purchase of capital facilities to meet projected future needs based on adopted LOS standards: (Ord. 2010-18; 10-25-10) 528 CAPITAL IMROVEMENTS ELEMENT CITY OF WINTER SPRINGS COMPREHENSIVE PLAN IX - 5 Sewer – 7580 % of available capacity is being utilized including any capacity that has been expressly reserved for a specific period of time pursuant to a written agreement approved by the City Commission. Water – 7580 % of available capacity is being utilized including any capacity that has been expressly reserved for a specific period of time pursuant to a written agreement approved by the City Commission. Stormwater – Adoption of Total Maximum Daily Loads (TMDL) Master Plan. Recreation and Open Space – Park lands when 95 % of available land area is utilized or when 90 % of the population exists in areas in need of new park acreage. Policy 1.2.4: Maintain records which allow for an annual evaluation of the City’s mobility strategies. Information is to include the acreage of development/redevelopment by land use, density, and FAR; the percentage of mixed use; and an updated inventory of bicycle, pedestrian and transit facilities and reduction in sidewalk gaps between facilities. In addition, the City shall monitor its connectivity index by TCEA Zone to ascertain any increase realized. Other site planning performance criteria may also be included as part of the TCEA evaluation such as, building placement, parking location and number of spaces, connection to adjacent properties, and proximity to transit stops/shelters. Performance Measures and Targets may be subject to further consideration if they cannot be supported by reasonably available data or additional measures are identified that may also be appropriate. (Cross Reference: See Multimodal Transportation Element, Policy 1.11.9) (Ord. 2010-18; 10-25-10) Objective 1.3: Capital Improvement Evaluation. Capital projects shall be evaluated to determine if they meet the prioritization criteria and consistency with adopted Level of Service (LOS) standards and/or public need. Policy 1.3.1: Direct the Community Development Department–Planning Division to oversee the coordination of the Capital Improvements Element annual update. Consider the annual update as a 10-month process that is required to ensure that necessary facilities and infrastructure to meet LOS standards are incorporated into the budgeting process. Policy 1.3.2: Require Capital Project Request Forms to be prepared by the Community Development Department–Planning Division and distributed to City departments prior to the budget workshop each year. (Ord. 2012-14) Policy 1.3.3: Require project requests to be prepared with a description of how the project achieves or maintains LOS or how it will implement the Comprehensive Plan. Include a detailed cost analysis, with estimated costs for design, construction, land acquisition, and annual operating and maintenance costs. 529 CAPITAL IMROVEMENTS ELEMENT CITY OF WINTER SPRINGS COMPREHENSIVE PLAN IX - 6 Policy 1.3.4: Prioritize project requests for capital projects according to the following criteria: Whether the project eliminates a public hazard; Whether the project is necessary to meet established LOS; Whether the project increases the efficiency of existing facilities or infrastructure; Whether the project represents a logical extension of facilities within the urban service area to accommodate desired future growth; Whether the project implements the policies of the Comprehensive Plan as they pertain to concurrency requirements; Whether the project contributes to the completion of one or more of the goals identified in the City’s most recently adopted Strategic Plan; (Ord. 2012-14) Whether the project is coordinated with major projects of other agencies; and Whether the project is mandated by the State or Federal government. Policy 1.3.5: Require project requests to be evaluated by the Finance Department to determine each project’s impact on the City budget and the financial feasibility of the project. Evaluate each project’s funding options, the effect of the improvement on future revenues, and the effect of the improvement on operation and maintenance costs. Policy 1.3.6: Require the Community Development Department to evaluate the timing, location, and service area for each project request and determine the project’s consistency with the Winter Springs Comprehensive Plan. Policy 1.3.7: Include key staff in an internal Capital Improvements Element coordination workshop, as part of the annual budget review process, to discuss project requests and staff’s findings. (Ord. 2012-14) Policy 1.3.8: Compile the resulting information into a draft Capital Improvements Program which shall be presented to the Local Planning Agency for review and recommendation prior to being presented to the City Commission. (Ord. 2012-14) Objective 1.4: New Development to Bear a Proportionate Cost. New development shall bear a proportionate cost of public facility improvements in order to maintain adopted level of service (LOS) standards and mobility strategies. (Ord. 2010-18; 10-25-10) Policy 1.4.1: Evaluate all development order applications as to the impact of the development on capital facilities and the operation and maintenance of those facilities. The evaluation shall include, but not be limited to, the following: 530 CAPITAL IMROVEMENTS ELEMENT CITY OF WINTER SPRINGS COMPREHENSIVE PLAN IX - 7 Expected capital costs, including the installation of new facilities required that are related to the development. Expected operation and maintenance costs associated with the new facilities required by the development. Anticipated revenues the development will contribute, including impact fees, user fees, and future taxes. Policy 1.4.2: Guarantee the timely installation of capital improvements required to meet LOS and mobility strategies which are to be funded by a developer, in an enforceable development agreement, interlocal agreement, or other enforceable agreement. Execute such agreements under the City's constitutional home rule power as authorized in Chapter 166, Florida Statutes or as otherwise authorized by law. (Ord. 2010-18; 10-25-10) Policy 1.4.3: Require a development agreement and/or development to proceed in more than one phase, when appropriate, to ensure that LOS standards are maintained and mobility strategies implemented. (Ord. 2010-18; 10- 25-10) Policy 1.4.4: Continue to use impact fees to assess new development a pro rata share of the costs required to expand or acquire capital facilities or equipment made necessary by the new construction from which the fees were collected or for principal payments on debt instruments for these facilities and services. Policy 1.4.5: Require new developments to be responsible for installing all internal potable and reclaimed water and sewer systems, vehicular, bicycle, and pedestrian circulation systems, and internal recreation/open space facilities within their development. Connecting internal systems to designated major potable and reclaimed water and sewer trunk systems and vehicular, bicycle, and pedestrian circulation network is the financial responsibility of the developer. (Cross Reference: See Multi- Modal Transportation Element, Policies 1.5.3; 1.5.4; and 1.5.13) (Ord. 2010-18; 10-25-10) Objective 1.5: Funding Sources. The City shall pursue adequate funding of capital projects identified in the Schedule of Capital Improvements (SCI). The School District retains the responsibility for financing and constructing school facilities. Policy 1.5.1: Demonstrate that funds for the Capital Improvements Element are either funded or unfunded. Consider committed revenue sources as: ad valorem taxes, approved bonds, secured grants, state and federal funds, tax revenue, impact fees, service charges and developer contributions (included within an enforceable development agreement). (Ord. 2012- 14) Policy 1.5.2: Allow planned revenue sources to include the City’s intent to increase the level or amount of a revenue source, which is contingent on ratification by public referendum. Amend the Capital Improvements Element if the referendum fails, to include policies which identify alternative funding sources or take other actions as needed to make the SCI financially feasibility while meeting concurrency. 531 CAPITAL IMROVEMENTS ELEMENT CITY OF WINTER SPRINGS COMPREHENSIVE PLAN IX - 8 Policy 1.5.3: Include projects which are relied upon to satisfy LOS standards even when funded by sources outside the City. Include those funds as the revenue source within the SCI. Policy 1.5.4: Any funding for capital improvement projects provided by a developer shall be guaranteed in an enforceable development agreement or interlocal agreement or other enforceable agreement. Reflect the agreement in the SCI as the revenue source, if the capital improvement is necessary to serve the development within the 5-year period. (Ord. 2012-14) Policy 1.5.5: Consider the following criteria in selecting sources to finance public facilities: Utilize to the extent possible, the following sources (listed in order of priority and preference) to finance public facilities: Grants or other intergovernmental sources Developer contributions (inclusive of dedicated land and impact fees) User revenues (inclusive of charges for services, local option gas tax, etc.) Sales tax (local option infrastructure surtax) Proceeds of Debt Instruments Ad valorem property taxes Policy 1.5.6: Continue to participate in METROPLAN ORLANDO to ensure funding distribution for transportation projects and mobility strategies identified in the SCI. (Ord. 2010-18; 10-25-10) Policy 1.5.7: Apply state revenue sharing motor fuels tax funds for traffic related maintenance and capital improvement projects. Policy 1.5.8: Reserve the net proceeds of the Seminole County Local Option Gasoline Tax (LGTX) specifically for traffic related maintenance and capital improvement projects, after payment of existing bond obligations. Policy 1.5.9: Reserve total proceeds from the Seminole County Local Option Sales Tax (1CTX) for transportation related capital projects. Policy 1.5.10: Reserve funds collected from Impact Fees for growth related capital outlays. Reserve proceeds from the Stormwater Utility Fund (SUF) for stormwater management operating needs and capital projects. Maintain a reserve account restricted for sanitary sewer related capital projects. Policy 1.5.11: Reserve a portion of funds collected from the Utility Enterprise Fund (UEF) to complete sanitary sewer and potable water capital projects. 532 CAPITAL IMROVEMENTS ELEMENT CITY OF WINTER SPRINGS COMPREHENSIVE PLAN IX - 9 Policy 1.5.12: Continue to contain provisions for all new developments to provide parks and recreation lands and/or facilities and/or fees-in-lieu-of as specified in the Recreation and Open Space Element. Objective 1.6: Debt Management. The City shall manage debt issuance and obligations according to sound public fiscal management principles so that the City is able to provide needed capital improvements and maintain services at adopted levels of service (LOS). Policy 1.6.1: Consider the following as criteria for managing debt financing: The City does not have legal debt limits or utilize specific debt ratios such as the limitation on the use of revenue bonds as a percent of total debt; the maximum ratio of total debt service to total revenue; and the maximum ratio of outstanding capital indebtedness to property tax base. Instead each debt issuance is evaluated on an individual basis giving consideration to the following factors: Type of facility being financed; Significance of the annual debt service requirement; Favorable impact to the City; Economic capacity of the City; Overlapping debt which depends on the same economic base; and Projected City growth rate. Policy 1.6.2: Manage debt with the goal of maintaining or enhancing the City’s credit rating so as to lower total borrowing costs. Policy 1.6.3: Do not utilize long-term debt to fund current and ongoing operations; Allow the use of short-term debt to allow the City to meet its cash flow requirements or to provide increased flexibility in financing programs; Allow debt to be issued for renovations, updates, modernizations and rehabilitations provided the expenditures extend the useful life of the capital asset; Require capital financed through the use of long-term debt to be financed for a period not to exceed the expected useful life of the asset. Policy 1.6.4: Utilize external bond counsel for all debt issues and competitively bid all bonds issued by the City unless the City approves a negotiated sale. Policy 1.6.5: Evaluate the use of revenue bonds as a debt instrument, based on the following criteria: A five (5) year projection of committed and/or planned revenues related to the capital project being financed shall be prepared and updated annually as a part of the SCI update. 533 CAPITAL IMROVEMENTS ELEMENT CITY OF WINTER SPRINGS COMPREHENSIVE PLAN IX - 10 On an annual basis, the City will restrict, for enterprise operations, the amount of cash as required by bond covenants for the purpose of ensuring adequate repair and/or replacement of capital facilities. Policy 1.6.6: Evaluate the use of tax revenues as a pledge for the repayment of debt, based on the following criteria: A five (5) year projection of committed and/or planned revenues related to the capital project being financed shall be prepared and updated annually as a part of the SCI update. The City may use long term capital lease payments on lease purchases for capital projects identified within this element, provided adequate debt service requirements are provided. Policy 1.6.7: The impact of principal and interest revenue bond payments on the operation and maintenance of the affected utility and/or department will not require deferring current maintenance of existing infrastructure. Policy 1.6.8: Budget cash restricted due to bond and grant covenants in accordance with the terms of the covenants. Policy 1.6.9: Competitively bid investment of escrow funds for advance refunding if it is expected that bids will result in a lower cost and the required securities are available in the market. Objective 1.7: Concurrency Management. The City shall continue to operate a Concurrency Management System for the review of all proposed developments within the City. As part of the City’s Concurrency Management System, the City will help facilitate school concurrency review by the School Board and shall rely upon the School Board to determine and report to the City if school capacity is available. The concurrency evaluation system shall measure the potential impact of any proposal for a development permit or order upon the City’s multimodal transportation network and the established minimum acceptable levels of service (LOS) for public schools, sanitary sewer, solid waste, drainage, potable water, and parks and recreation facilities, unless the development permit or order is exempt from the review requirements of this section. No development permit or order which contains a specific plan of development, including densities and intensities of development, shall be issued unless adequate public facilities are available to serve the proposed development as determined by the concurrency evaluation set forth in this section. (Ord. 2010-18; 10-25-10) Policy 1.7.1: Facilities Inventory and Reporting. Maintain an inventory of the bicycle and pedestrian facility network, and the available capacity of roads, potable water, and sanitary sewer facilities for purposes of concurrency management and mobility evaluation. The City shall coordinate with LYNX to determine the operating LOS for transit within the City as a part of its LOS monitoring. (Ord. 2010-18; 10-25-10) Policy 1.7.2: Maintain an inventory of public parks and acreage within the City’s Geographic Information Systems mapping software, for purposes of evaluating concurrency. 534 CAPITAL IMROVEMENTS ELEMENT CITY OF WINTER SPRINGS COMPREHENSIVE PLAN IX - 11 Policy 1.7.3: Require the Community Development Department- Planning Division in conjunction with the Public Works/Utility Department and Parks and Recreation Department to evaluate and report on current capacity within each public facility category, including any encumbrances or deficiencies as part of the annual update to the Capital Improvements Element. Identify any public facilities that will require improvements to maintain adopted LOS. Policy 1.7.4: Require the Utility Department to maintain data on current water supply demand and permitted capacity and supply this data to the Planning Division on an as-needed basis for evaluation of proposed future land use map amendments. (Cross Reference: See Future Land Use Element, Policy 1.3.4.) Policy 1.7.5: Withhold a development order unless it can be determined that adequate water supplies and associated public facilities and services are available. Consider public facility and service availability as sufficient if the public facilities and services for a development are phased, or the development is phased so that the public facilities and those related services which are deemed necessary by the City to operate the facilities necessitated by the development are available concurrent with the impacts of that development. (Cross Reference: See Future Land Use Element Policy 1.3.4.) Policy 1.7.6: Withhold the approval of any site plan, final subdivision or functional equivalent which includes new residential units not exempted by the 2007 current Seminole County School Board Interlocal Agreement for Public School Facility Planning and School Concurrency As Amended January 2008 until the School Board has reported that there is school capacity available or a mitigation agreement has been reached. Notwithstanding the availability of school capacity, the City Commission may also establish and consider school location and other school related factors in its land use decisionmaking process regarding any residential site plan, final subdivision or functional equivalent. (Cross Reference: See Public School Facility Element, Policy 1.2.1 and Intergovernmental Coordination Element, Policy 1.2.9) Policy 1.7.7 Notwithstanding the level of service standards established under the Concurrency Management System, the City may also withhold approval of any development permit for any project that does not comply with other applicable requirements of law. 535 CITY OF WINTER SPRINGS COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT IX - 12 Table IX – 1: City of Winter Springs Five-Year Schedule of Capital Improvements (SCI) FY 2013/14 – 2017/18 2021/22 – 2025/26 Project Name LOS Purpose Funding Source Description / Justification Location Ranking Score Year 1 2021/2022 Year 2 2022/2023 Year 3 2023/2024 Year 4 2024/2025 Year 5 2025/2026 TOTALS (Years 1-5) Comprehensive Plan Reference LOS: PARKS & RECREATION Lake Jessup Overlook FUTURE CF301/CF302/CF303 Expansion consistent with recreational needs of residents to include but not limited to, pickleball facility, meeting space, additional parking and Event Center. CWP 5 3,058,500$ 3,058,500$ ROS 1.1.11, FLUE 1.3.3; ROS 1.5; Torcaso Park FUTURE PIMF/CF 303 Torcaso Park expansion consistent with recreational needs of residents, including new pavilion, pier, and updated sidewalks Torcaso Park 5 $ 450,000 450,000$ ROS 1.4; ROS 1.4.1; FLUE 1.3.3; HE 2.2.11; CIE 1.1.3 Trotwood Park REPLCMT CF-303 Pond and Landscape renovations Trotwood Park 8 $ 50,000 50,000$ ROS 1.4; ROS 1.4.1; CIE 1.1.3 Land Acquisition FUTURE 1CTX TBD land acquisition for multi use trail projects TBD 8 $ 555,969 555,969$ ROS 1.1.10, FLUE 1.3.3; ROS 1.5; TOTAL EXPENSE 3,558,500$ -$ 555,969$ -$ -$ 4,114,469$ TOTAL REVENUE 500,000$ -$ 500,000$ -$ -$ 1,000,000$ Project Name LOS Purpose Funding Source Description/ Justification Location Ranking Score Year 1 2021/2022 Year 2 2022/2023 Year 3 2023/2024 Year 4 2024/2025 Year 5 2025/2026 TOTALS (Years 1-5) Comprehensive Plan Reference LOS: POTABLE WATER WTP #3 Electrical Upgrades REPLCMT UEF Water Treatment Plant #3 standy by power connection upgrades WTP #3 2 400,000$ 400,000$ CIE 1.1.3; IE IV.C.3, FLUE 1.3.1 WTP #2 & WTP #3 Storage Tank REPLCMT UEF Water Treatment Plant #2 and Water Treatment Plant #3 storage tank rehab WTP #2 & WTP #3 5 100,000$ 100,000$ IE IV.C.7, FLUE 1.3.1 Water Line Restoration REPLCMT UEF Annual reline portions of systems City Wide 3 250,000$ 1,158,000$ 704,000$ 704,000$ 704,000$ 3,520,000$ IE.IV.C.5, FLUE 1.3.1; HE 1.12 WTP#1 Esthetics EXISTING UEF Water Treatment Plant 1 project to reduce taste and odor caused by hydrogen sulfide in the wells WTP #1 2 250,000$ 250,000$ IE IV.C.7, FLUE 1.3.1 WTP#1 Header Replacement REPLCMT UEF WTP #1 design and chemical feed header replacement WTP#1 2 1,000,000$ 1,000,000$ IE IV.C.4; FLUE 1.3.1 TOTAL EXPENSE 1,900,000$ 1,258,000$ 704,000$ 704,000$ 704,000$ 5,270,000$ TOTAL REVENUE 3,900,000$ 3,997,500$ 4,097,438$ 4,199,873$ 4,304,870$ 20,499,681$ 536 CITY OF WINTER SPRINGS COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT IX - 13 Project Name LOS Purpose Funding Source Description / Justification Location Ranking Score Current Yr Year 1 2016/2017 Year 2 2017/2018 Year 3 2018/2019 Year 4 2019/2020 Year 5 2020/2021 TOTALS (Years 1-5) Comprehensive Plan Reference NOTES LOS: PARKS & RECREATION Magnolia Park Amphitheater FUTURE CF-305 & 1CTX Outdoor amphitheatre furthers the network of public green spaces that form the framework for the Town Center and promotes & expands trail system; Improves recreational opportunities consistent with the recreational needs of residents; Is a catalyst for private development in the Town Center; Accomodates growth through additional active recreational area [LOS]. Winter Springs Town Center $ - $ - $ - $ - $ - ROS- 1.1.1; ROS-1.4; ROS- 1.5.2; FLUE- 1.3.1; FLUE-2.1.5; FLUE- 2.2.3; CIE- 1.3.1 per meeting on 7/19 this line should be moved to PW Trotwood Park N/A GNF Family picnic pavilion Trotwood Park $ - $ 200,000 $ - $ - $ - ROS 1.4; ROS 1.4.1; ROS 1.5; FLUE 1.3.3 Central Winds Park N/A GNF, GRT & PIMF Concrete ampitheatre stage for special events on the west side of the Central Winds Park. A trailhead with restrooms facilities. Design services. Central Winds Park $ - $ 225,000 $ 75,000 $ 300,000 ROS 1.4; ROS 1.4.1; ROS 1.5; FLUE 1.3.3 Outdoor Fitness Course N/A PIMF Outdoor fitness equipment in the parks.TBD $ - $ 75,000 $ - $ - $ 75,000 ROS 1.3.6; ROS 1.4; ROS 1.4.1; ROS 1.5 Torcaso Park N/A GRT & PIMF Torcaso Park expansion consistent with recreational needs of residents to include but not limited to: family pavilioon, field house with gynmasium, new play ground, basketball courts, and splash pad improvements. Additional parking. Utilizes grant funding. Torcaso Park $ 200,000 $ 200,000 $ 200,000 $ 600,000 ROS 1.4; ROS 1.4.1; FLUE 1.3.3; HE 2.2.11; CIE 1.1.3 Central Winds Roadway Project N/A GRT & PIMF Replacement & renovation or existing perimeter park security fencing consistent with recreational needs of residents; Utilizes grant funding.Central Winds Park $ - $ 100,000 $ 50,000 $ 150,000 per meeting on 7/19 this line should be moved to PW Park Playgrounds N/A GRT & PIMF Replacement & renovation or existing playgrounds equipment consistent with recreational needs of residents; Utilizes grant funding. Torcaso Park, Sam Smith Park, Central Winds Park $ 130,000 $ 100,000 $ 130,000 $ 360,000 Total 330,000$ 800,000$ 425,000$ -$ 130,000$ 1,485,000$ Project Name LOS Purpose Funding Source Description / Justification Location Ranking Score Current Yr Year 1 2016/2017 Year 2 2017/2018 Year 3 2018/2019 Year 4 2019/2020 Year 5 2020/2021 TOTALS (Years 1-5) Comprehensive Plan Reference LOS: POTABLE WATER Dunmar Water Line Interconnect FUTURE UEF Water Distribution System Loop thru Dunmar Estates Water Distribution System 6 60,000$ -$ -$ -$ -$ CIE 1.6.1; IE IV.B.2; IE IV.B.2.1 WTP#1 Treatment Improvements FUTURE UEF Process Control Improvements to meet new Federal water quality standards WTP #1 6 3,000,000$ 3,000,000$ -$ -$ CIE 1.6.1; IE IV.B.2; IE IV.B.2.1 Administration Building at Public Works Compound FUTURE 311 Construct Admin Building at Public Works Compound to Centralize Management Team and eliminate Rental Trailer Public Works Compound 6 650,000$ 50,000$ -$ -$ -$ IE IV.B.3.2; FLUE 1.3.1; Total 3,110,000$ -$ -$ -$ -$ -$ 537 CITY OF WINTER SPRINGS COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT IX - 14 Project Name LOS Purpose Funding Source Description/ Justification Location Ranking Score Year 1 2021/2022 Year 2 2022/2023 Year 3 2023/2024 Year 4 2024/2025 Year 5 2025/2026 TOTALS (Years 1-5) Comprehensive Plan Reference LOS: RECLAIMED WATER Reclaim Expansion REPLCMT UEF / GRT Reclaimed Expansion (ie Tuskawilla Crossing)City Wide 3 2,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 6,000,000$ IE IV.B.B.1.d.5; CIE 1.1.3 Plant Rehab REPLCMT UEF Lake Jessup Reclaim Water Augmentation Plant Rehab Reclaim Plant 3 250,000$ 250,000$ IE IV.B.B.1.d.5; CIE 1.1.3 TOTAL EXPENSE 2,250,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 6,250,000$ TOTAL REVENUE 435,000$ 445,875$ 457,022$ 468,447$ 480,159$ 2,286,503$ Project Name LOS Purpose Funding Source Description/ Justification Location Ranking Score Year 1 2021/2022 Year 2 2022/2023 Year 3 2023/2024 Year 4 2024/2025 Year 5 2025/2026 TOTALS (Years 1-5) Comprehensive Plan Reference LOS: SANITARY SEWER Sewer Line Restoration REPLCMT UEF Annual reline of portions of system.City Wide 3 250,000$ 1,334,000$ 792,000$ 792,000$ 792,000$ 3,960,000$ FLUE 1.3.1; CIE 1.3.3; IE IV.B.B.1; HE 1.12 Bypass Pump Replacement REPLCMT UEF Bybass Pumps at Lift Stations (50)City Wide 3 400,000$ 400,000$ 400,000$ 400,000$ 400,000$ 2,000,000$ IE IV.B.B.1.d.3; CIE 1.6.1; FLUE 1.3.1 Lift Station #7 Upgrades REPLCMT UEF Major maintenance to master pump station.Lift Station #7 - S. Edgemon Avenue 4 150,000$ 2,200,000$ 2,350,000$ IE IV.B.B.1.d.3; CIE 1.6.1; FLUE 1.3.1 Lift Station 1E Upgrades REPLCMT UEF Major maintenance to master pump station.Lift Station 1E 4 100,000$ 100,000$ IE IV.B.B.1.d.3; FLUE 1.3.1 Waste Water Plant Updgrades REPLCMT UEF Emergency Plant Upgrades, continued rehab to plants until replacement necessary.WWTP #1 & WWTP #2 1 1,777,000$ 1,777,000$ IE IV.B.B.1.d.1-2; FLUE 1.3.1 Replacement of WWTP REPLCMT ARPA/BND Replacement of Waste Water Treatment Plant that is at end of useful life TBD 1 2,500,000$ 25,000,000$ 27,500,000$ IE IV.B.B.1.d.1-2; FLUE 1.3.1; Replacement of WWTP REPLCMT GRT/BND Replacement of Waste Water Treatment Plant that is at end of useful life TBD 1 1,700,000$ 25,000,000 26,700,000$ IE IV.B.B.1.d.1-2; FLUE 1.3.1; TOTAL EXPENSE 5,177,000$ 5,634,000$ 26,192,000$ 1,192,000$ 26,192,000$ 64,387,000$ TOTAL REVENUE 14,640,000$ 14,806,000$ 6,976,150$ 7,150,554$ 7,329,318$ 50,902,021$ 538 CITY OF WINTER SPRINGS COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT IX - 15 Project Name LOS Purpose Funding Source Description/ Justification Location Ranking Score Year 1 2021/2022 Year 2 2022/2023 Year 3 2023/2024 Year 4 2024/2025 Year 5 2025/2026 TOTALS (Years 1-5) Comprehensive Plan Reference LOS: STORMWATER Culvert Upsizing EXISTING SUF Shore Rd and Alton Culvert Upsizing Shore Rd. / Alton 2 76,000$ 550,000$ 626,000.00$ IE IV E.B.3; CIE 1.1.3 Land FUTURE SUF Local Conveyance Holiday Ln, Sailfish & Lido Rd. Holiday Ln. / Lido Rd 9 42,000$ 360,000$ 402,000.00$ IE IV .E.B.1; CIE 1.1.8 Facilities FUTURE SUF Storage and Treatment Facility TBD 8 282,000$ 282,000.00$ IE IV .E.C.2; CIE 1.1.3 Bank Stabilization FUTURE SUF Shore and Bank Stabilization Murphy to Moss & Hacienda Village Murphy, Moss, & Hacienda Village 5 100,000$ 945,000$ 1,045,000.00$ IE IV .E.B.1 Bank Stabilization FUTURE SUF Shore and Alton Bank Stabilization Shore Rd/Alton 5 50,000$ 400,000$ 450,000.00$ IE IV .E.B.1 Stormwater Pipe Relining and Replacement REPLACE SUF Reline or Replace Failing Storm Piping City Wide 3 50,000$ 50,000$ 50,000$ 50,000$ 200,000.00$ CIE 1.1.3; FLUE 1.3.1; HE 1.1.9 TOTAL EXPENSE 176,000$ 1,100,000$ 1,037,000$ 692,000$ -$ 3,005,000$ TOTAL REVENUE 1,176,000$ 1,176,000$ 1,176,000$ 1,176,000$ 1,176,000$ 5,880,000$ 539 CITY OF WINTER SPRINGS COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT IX - 16 Project Name LOS Purpose Funding Source Description / Justification Location Ranking Score Year 1 2021/2022 Year 2 2022/2023 Year 3 2023/2024 Year 4 2024/2025 Year 5 2025/2026 TOTALS (Years 1-5) Comprehensive Plan Reference LOS: TRANSPORTATION Bridge Replacement REPLCMT 1CTX/LGTX Bridge Replacement / Long Term Maintenance Sheoah Blvd, Murphy Rd, Gee Creek, TBD Based on Priority 1 1,275,000$ 1,200,000$ 1,200,000$ 250,000$ 250,000$ 4,175,000$ CIE 1.1.3 TE 1 Resurfacing- REPLCMT 1CTX Major maintenance; Refurbishes existing streets so that transportation network is maintained.City Wide 2 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 5,000,000$ CIE 1.3.1; FLUE 1.3.1;TE 1 Traffic Calming EXISTING 1CTX Traffic Calming Upgrades City Wide 2 100,000$ 100,000$ 100,000$ 100,000$ 100,000$ 500,000$ HE 1.1.9; CIE 1.3.1; FLUE 1.3.1 Intersection Improvements at SR 434 and Michael Blake Blvd.FUTURE TIMF New traffic signal and related intersection improvements Town Center 3 500,000$ 500,000$ HE 1.1.9; CIE 1.3.1; FLUE 1.3.1 Intersection Improvements at SR 434 and Integra Entrance Road FUTURE TIMF New traffic signal and related intersection improvements SR 434 at Integra 360 Entrance 8 330,000$ 330,000$ HE 1.1.9; CIE 1.3.1; FLUE 1.3.1; TE 1 Town Center Sidewalk Improvements FUTURE LGTX New sidewalks in the Town Center District and Pedestrian Bridge Town Center 7 475,000$ 475,000$ TE 1; TE 1.2; CIE 1.3.1; CIE 1.6.1; FLUE 1.3.1; Sidewalk Improvements Howell Creek FUTURE 1CTX New Sidewalks and Pedestrian Bridge at Winter Springs Blvd and Howell Creek Winter Spgs Blvd/ Howell Creek 8 500,000$ 500,000$ FLUE 1.3.1; TE 1.2 Sidewalks FUTURE LGTX Safety improvement; Improves City collector streets with the addition of sidewalks to increase safety of pedestrians in cooperation with Seminole County. City Wide 2 50,000$ 50,000$ 75,000$ 75,000$ 75,000$ 325,000$ FLUE 1.3.1; TE 1.2 Right Turn Deceleration Lane on SR 434 at Winding Hollow Blvd.FUTURE LGTX Addresses future deficiency of SR 434 by adding a deceleration lane to ensure adequate movement of people and goods. Grant funded for right-of-way acquisition and construction. SR 434 at Winding Hollow Blvd.8 550,000$ 100,000$ 650,000$ CIE 1.3.1; FLUE 1.3.1; TE 1; TE 1.2 Right Turn Deceleration Lane on SR 434 at City Hall FUTURE LGTX Addresses future deficiency of SR 434 by adding a deceleration lane to ensure adequate movement of people and goods. SR 434 & City Hall Entrance 8 500,000$ 500,000$ TE 1; TE 1.2; CIE 1.3.1;FLUE 1.3.1; Right Turn Deceleration Lane on SR 434 at Tuscora Drive FUTURE TIMF Addresses future deficiency of SR 434 by adding a deceleration lane to ensure adequate movement of people and goods. SR 434 & Tuscora Drive 8 250,000$ 250,000$ TE 1; TE 1.2; CIE 1.3.1; FLUE 1.3.1; TOTAL EXPENSE 3,805,000$ 3,675,000$ 2,875,000$ 1,425,000$ 1,425,000$ 13,205,000$ TOTAL REVENUE 2,332,000$ 2,332,000$ 2,332,000$ 532,000$ 532,000$ 8,060,000$ L E G E N D: Funding Sources: Funding Sources: 1CTX LGTX ARPA American Rescue Plan Act PIMF BND R&R CF-301 1999 Construction Capital Project Fund - 301 SUF CF-303 TIMF GNF UCF GRT UEF Construction Fund - 303 Utility Enterprise Fund Park & Rec Impact Fee Fund Utility Renewal & Replacement Fund Utility Construction Fund One Cent Sales Tax (Road Improvement Fund) - 121 Bonds Stormwater Utility Enterprise Fund Transportation Impact Fee Fund Grants & CDBG (Comm Dev Block Grant) General Fund Local Option Gas Tax (Transportation Improvement 540 CITY OF WINTER SPRINGS COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT IX - 17 Project Name LOS Purpose Funding Source Description / Justification Location Ranking Score Current Yr Year 1 2016/2017 Year 2 2017/2018 Year 3 2018/2019 Year 4 2019/2020 Year 5 2020/2021 TOTALS (Years 1-5) Comprehensive Plan Reference LOS: SANITARY SEWER West Force Main Rerouting / Design FUTURE UEF Project needed to meet future demand; Bolsters service to new growth; Improves efficiency.Lift Station 10 Discharge 8 -$ -$ -$ 210,000$ 210,000$ HE 1.3.9; IE IV.A.4.3; FLUE 1.3.1; CIE 1.3.3; IE IV.A.1.5; HE 1.19 East Force Main Rerouting / Design FUTURE UEF & UCF Project needed to meet future demand; Bolsters service to new growth; Improves efficiency.Tuskawilla 8 -$ -$ 1,200,000$ 1,200,000$ HE 1.3.9; IE IV.A.4.3; FLUE 1.3.1; CIE 1.3.3; IE IV.A.1.5; HE 1.19 Lift Station #7 Upgrades REPLCMT UEF Major maintenance to master pump station.Lift Station #7 - S. Edgemon Avenue 6 44,000$ 150,000$ -$ -$ CIE 1.6.1; IE IV.B.2; IE IV.B.2.1 Lift Station Upgrades REPLCMT UEF Major maintenance to pump stations - 10W & 1E in FY17 Alton Road 6 75,000$ 75,000$ 75,000$ 75,000$ 75,000$ 75,000$ 375,000$ CIE 1.6.1; IE IV.B.2; IE IV.B.2.1 Generator Emission Upgrades REPLCMT UEF Meet new Tier 4 Emission Standards East/West WRF & LS 7 6 80,000$ 80,000$ CIE 1.6.1; IE IV.B.2; IE IV.B.2.1 Plant Refurb REPLCMT UEF Major maintenance at East/West WRF Plants East/West WRF 6 125,000$ 280,000$ 200,000$ 200,000$ 200,000$ 200,000$ 1,080,000$ CIE 1.6.1; IE IV.B.2; IE IV.B.2.1 Sewer Relining REPLCMT UEF Sewer Relining Various 6 200,000$ 250,000$ 250,000$ 250,000$ 250,000$ 250,000$ 1,250,000$ CIE 1.6.1; IE IV.B.2; IE IV.B.2.1 Consolidate Wastewater Plants FUTURE UEF Replace East WRF to accommodate City wide flow and convert West WRF to a reclaimed water pump station - design East/West WRF 6 -$ -$ -$ 400,000$ 400,000$ 800,000$ CIE 1.6.1; IE IV.B.2; IE IV.B.2.1 Sewer Vacuum Truck REPLCMT UEF Replace existing 2000 vaccum truck Compound 6 -$ 350,000$ -$ 400,000$ 400,000$ 1,150,000$ CIE 1.6.1; IE IV.B.2; IE IV.B.2.1 WWRF Sand Filter REPLACE UEF Project needed to meet future demand; Increases capacity for new growth; Improves efficiency.WWRF 6 -$ -$ -$ 250,000$ 250,000$ HE 1.3.9; FLUE 1.3.1; CIE 1.3.3; IE IV.A.1.5; HE 1.19 Total 979,000$ 1,275,000$ 1,975,000$ 1,785,000$ 1,325,000$ 6,645,000$ Project Name LOS Purpose Funding Source Description/ Justification Location Ranking Score Current Yr Year 1 2016/2017 Year 2 2017/2018 Year 3 2018/2019 Year 4 2019/2020 Year 5 2020/2021 TOTALS (Years 1-5) Comprehensive Plan Reference LOS: RECLAIMED WATER Control Upgrades FUTURE UEF Update SCADA controls for West WRF Operations & Reclaimed Systems West WRF 6 30,000$ 150,000$ 150,000$ CIE 1.6.1; IE IV.B.2; IE IV.B.2.1 Reclaimed Distribution System Expansion FUTURE UEF Northern Way to Vistawilla Main Extension Tuscawilla 6 800,000$ 800,000$ CIE 1.6.1; IE IV.B.2; IE IV.B.2.1 Total 150,000$ 800,000$ -$ -$ -$ 950,000$ Project Name LOS Purpose Funding Source Description/ Justification Location Ranking Score Current Yr Year 1 2016/2017 Year 2 2017/2018 Year 3 2018/2019 Year 4 2019/2020 Year 5 2020/2021 TOTALS (Years 1-5) Comprehensive Plan Reference LOS: FACILITIES City Hall Generator REPLACEM ENT 1CTX (3RD GEN)Replace 1986 City Hall Generator and Transfer Switch City Hall 6 300,000$ 300,000$ CIE 1.6.1; IE IV.B.2; IE IV.B.2.1 City Hall Roof Replacement REPLACEMENT 1CTX (3RD GEN)Replace 1986 City Hall Roof City Hall 6 400,000$ 400,000$ CIE 1.6.1; IE IV.B.2; IE IV.B.2.1 City Commission Chambers Renovation REPLACEM ENT 305 Fund Upgrade City Commission Chambers City Hall 6 75,000$ 75,000$ CIE 1.6.1; IE IV.B.2; IE IV.B.2.1 Total 775,000$ -$ -$ -$ -$ 775,000$ Project Name LOS Purpose Funding Source Description/ Justification Location Ranking Score Current Yr Year 1 2016/2017 Year 2 2017/2018 Year 3 2018/2019 Year 4 2019/2020 Year 5 2020/2021 TOTALS (Years 1-5) Comprehensive Plan Reference LOS: STORMWATER Edgemon and Lombardy Canal Piping REPLACE SUF Major maintenance enabling efficient operation Lombardy Road area 6 -$ -$ -$ -$ 300,000$ 300,000.00$ CIE 1.3.2; CIE 1.6.1; FLUE 1.3.1; HE 1.1.9 Bridge Scour Testing and Repairs REPLACE 1CTX (3RD GEN) / SUF Scour Critical Bridge Testing and Repairs Various 6 250,000$ 100,000$ 75,000$ 425,000.00$ CIE 1.3.2; CIE 1.6.1; FLUE 1.3.1; HE 1.1.9 Pond 59 Outfall REPLACE SUF Replace pond outfall structure and pipe Pond 59 (Chelsea Woods)6 75,000$ 75,000.00$ CIE 1.3.2; CIE 1.6.1; FLUE 1.3.1; HE 1.1.9 North Tuskawilla Road Outfall REPLACE GRT/SUF Replace stormwater outfall and add water quality features North Tuskawilla Road at Lake Jesup 6 200,000$ 200,000.00$ CIE 1.3.2; CIE 1.6.1; FLUE 1.3.1; HE 1.1.9 Winding Hollow Wetland Treatment Area FUTURE 1CTX (3RD GEN) / SUF Mandate to meet State water quality TMDL regulations; Improves surface water quality.Winding Hollow Subdivision 6 -$ -$ -$ 50,000$ 300,000$ 350,000.00$ CIE 1.3.2; IE IV.D.1.1; CE 1.3.2 Stormwater Pipe Relining and Replacement REPLACE 1CTX (3RD GEN) / SUF Reline or Replace Failing Storm Piping Various 6 75,000$ 50,000$ 50,000$ 50,000$ 225,000.00$ CIE 1.3.2; CIE 1.6.1; FLUE 1.3.1; HE 1.1.9 Total 600,000$ 150,000$ 125,000$ 100,000$ 600,000$ 1,575,000$ 541 CITY OF WINTER SPRINGS COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT IX - 18 Project Name LOS Purpose Funding Source Description/ Justification Location Ranking Score Current Yr Year 1 2016/2017 Year 2 2017/2018 Year 3 2018/2019 Year 4 2019/2020 Year 5 2020/2021 TOTALS (Years 1-5) Comprehensive Plan Reference LOS: TRANSPORTATION Right Turn Deceleration Lane on SR 434 at Winding Hollow Blvd. REPLCMT GRT Addresses future deficiency of SR 434 by adding a deceleration lane to ensure adequate movement of people and goods. Grant funded for right-of-way acquisition and construction. SR 434 at Winding Hollow Blvd.6 300,000$ 250,000$ -$ -$ -$ 550,000$ CIE 1.3.1; CIE 1.6.1; FLUE 1.3.1; Bridge Infrastructure REPLCMT 1CTX (3RD GEN)Addresses bridge deficiency of various bridge throughout the City Various 6 250,000$ 250,000$ 250,000$ 250,000$ 250,000$ 1,250,000$ CIE 1.3.1; CIE 1.6.1; FLUE 1.3.1; Right Turn Deceleration Lane on SR 434 at Tuscora Drive FUTURE TIMF Addresses future deficiency of SR 434 by adding a deceleration lane to ensure adequate movement of people and goods. SR 434 & Tuscora Drive 6 250,000$ -$ -$ -$ -$ 250,000$ TE 1; TE 1.2; CIE 1.3.1; CIE 1.6.1; FLUE 1.3.1; Right Turn Deceleration Lane on SR 434 at City Hall FUTURE 1CTX (2ND GEN) / TIMF Addresses future deficiency of SR 434 by adding a deceleration lane to ensure adequate movement of people and goods. SR 434 & City Hall Entrance 6 250,000$ -$ -$ -$ -$ 250,000$ TE 1; TE 1.2; CIE 1.3.1; CIE 1.6.1; FLUE 1.3.1; GID Transportation Improvements FUTURE 1CTX (2ND GEN) / TIMF New Roadway Network to Serve GID Development GID 6 100,000$ -$ -$ -$ -$ 100,000$ HE 1.1.9; CIE 1.3.1; FLUE 1.3.1 Intersection Improvements at SR 434 and Michael Blake Blvd.FUTURE 1CTX (3RD GEN) / TIMF New traffic signal and related intersection improvements Town Center 6 -$ 400,000$ -$ -$ -$ 400,000$ HE 1.1.9; CIE 1.3.1; FLUE 1.3.1 Intersection Improvements at SR 434 and Integra Entrance Road FUTURE TIMF New traffic signal and related intersection improvements SR 434 at Integra 360 Entrance 6 -$ -$ 350,000$ 350,000$ HE 1.1.9; CIE 1.3.1; FLUE 1.3.1 Residential Road Reconstruction REPLCMT 1CTX (3RD GEN) / LOGT Rebuilds existing neighborhood streets so that transportation network is maintained.Various 6 620,000$ 500,000$ 500,000$ 500,000$ 500,000$ 2,620,000$ CIE 1.3.1; CIE 1.6.1; FLUE 1.3.1; Central Winds Park Roadway Improvements - Phase 2 (Orange Avenue Extension)FUTURE 1CTX (3RD GEN) / TIMF Services future demand and addresses future deficiency of SR 434 by expanding interconnecting collector road network in Town Center to reduce demand on SR 434. Town Center/Central Winds Park 6 -$ -$ 2,000,000$ -$ -$ 2,000,000$ CIE 1.7; CIE 1.7.4; FLUE 1.3.1; TE 1.2; TE 1.2.4; TE 1.3 Town Center Sidewalk Improvements FUTURE GRT New sidewalks in the Town Center District Town Center 6 -$ 300,000$ -$ -$ -$ 300,000$ TE 1; TE 1.2; CIE 1.3.1; CIE 1.6.1; FLUE 1.3.1; North Village Walk Phase 2 Sidewalk Improvements FUTURE GRT New sidewalks in SR 434 Village Walk area Village Walk (Connecting Streets)-$ -$ -$ 300,000$ -$ 300,000$ TE 1; TE 1.2; CIE 1.3.1; CIE 1.6.1; FLUE 1.3.1; SR 434 Streetscape FUTURE CRA Sidewalk, Hardscape, and Landscape Improvements on SR 434 at western City limits SR 434 from US 17-92 to Talmo St.6 -$ 150,000$ -$ -$ -$ 150,000$ CIE 1.3.1; CIE 1.6.1; FLUE 1.3.1; Florida Avenue Streetscape FUTURE CRA Roadway, Landscape, Hardscape, and Stormwater Improvements Florida Avenue 6 46,000$ 391,786$ -$ -$ -$ -$ 391,786$ CIE 1.3.1; CIE 1.6.1; FLUE 1.3.1; Total 2,161,786$ 1,850,000$ 2,750,000$ 1,400,000$ 750,000$ 8,911,786$ 542 CITY OF WINTER SPRINGS COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT IX - 19 L E G E N D: Funding Sources: Funding Sources: Funding Sources: 1CTX PIMF PIMF CF-305 R&R R&R FDOT TLBD Assessment District (Tuscawilla Lighting & Beautifictn) TLBD GNF UCF UCF GRT UEF UEF LGTX CRA CRA 1999 Construction Capital Project Fund - 305 One Cent Sales Tax (Road Improvement Fund) - 115 Grants & CDBG Florida Dept of Transportation General Fund Local Option Gas Tax (Transportation Improvement Fund) 543 CITY OF WINTER SPRINGS COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT IX - 20 Table IX – 2: Five-Year Schedule of Capital Improvements (SCI) FY 2013/14 – 2017/18 2021/22 – 2025/26by Fund Project Name LOS Category Funding Source Description/ Justification Location Ranking Score Current Yr 2013/2014 Year 1 2014/2015 Year 2 2015/2016 Year 3 2016/2017 Year 4 2017/2018 Year 5 2018/2019 TOTALS Comprehensive Plan Reference 1CTX - ONE CENT SALES TAX (ROAD IMPROVEMENT FUND) - 115 Doran Drive REPLCMT 1CTX Doran Drive (Blumberg to high school)- Refurbishes collector road so that existing LOS is maintained.Town Center 6 200,000$ 200,000$ CIE 1.3.1; CIE 1.6.1; FLUE 1.3.1; GID FUTURE 1CTX Road Networks to Serve GID GID 6 500,000$ 700,000$ 700,000$ -$ -$ 1,900,000$ HE 1.1.9; CIE 1.3.1; FLUE 1.3.1 Residential Road Reconstruction REPLCMT 1CTX Rebuilds existing neighborhood streets so that transportation network is maintained.Various 6 280,000$ 300,000$ 300,000$ 300,000$ 300,000$ 1,480,000$ CIE 1.3.1; CIE 1.6.1; FLUE 1.3.1; GID Transportation Improvements FUTURE 1CTX New Roadway Network to Serve GID Development GID 6 500,000$ 700,000$ 700,000$ -$ -$ 1,900,000$ HE 1.1.9; CIE 1.3.1; FLUE 1.3.1 Magnolia Park FUTURE 1CTX Outdoor amphitheatre furthers the network of public green spaces that form the framework for the Town Center and promotes & expands trail system; Improves recreational opportunities consistent with the recreational needs of residents; Is a catalyst for private development in the Town Center; Accomodates growth through additional acreage for active recreation [LOS]. Winter Springs Town Center 10 300,000$ -$ -$ -$ 300,000$ ROS- 1.1.1; ROS-1.4; ROS- 1.5.2; FLUE- 1.3.1; FLUE-2.1.5; FLUE- 2.2.3; CIE- 1.3.1 Intersection Improvements at SR 434 and Michael Blake Blvd. FUTURE 1CTX New traffic signal and related intersection improvements Town Center 6 -$ -$ -$ 400,000$ -$ 400,000$ T O T A L 1 C T X E X P E N S E 1,780,000$ 1,700,000$ 1,700,000$ 700,000$ 300,000$ 6,180,000$ T O T A L 1 C T X R E V E N U E 3,200,000$ 1,900,000$ 1,900,000$ 1,900,000$ 1,900,000$ 10,800,000$ Project Name LOS Category Funding Source Description/ Justification Location Ranking Score Current Yr 2013/2014 Year 1 2014/2015 Year 2 2015/2016 Year 3 2016/2017 Year 4 2017/2018 Year 5 2018/2019 TOTALS Comprehensive Plan Reference CF-305 1999 CONSTRUCTION CAPITAL PROJECT FUND Magnolia Park FUTURE CF-305 Outdoor amphitheatre furthers the network of public green spaces that form the framework for the Town Center and promotes & expands trail system; Improves recreational opportunities consistent with the recreational needs of residents; Is a catalyst for private development in the Town Center; Accomodates growth through additional acreage for active recreation [LOS]. Winter Springs Town Center 10 917,125$ -$ -$ -$ -$ 917,125$ ROS- 1.1.1; ROS-1.4; ROS- 1.5.2; FLUE- 1.3.1; FLUE-2.1.5; FLUE- 2.2.3; CIE- 1.3.1 T O T A L C F - 3 0 5 E X P E N S E 917,125$ -$ -$ -$ -$ 917,125$ T O T A L C F - 3 0 5 R E V E N U E 917,125$ -$ -$ -$ 917,125$ 544 CITY OF WINTER SPRINGS COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT IX - 21 Project Name LOS Category Funding Source Description/ Justification Location Ranking Score Current Yr 2013/2014 Year 1 2014/2015 Year 2 2015/2016 Year 3 2016/2017 Year 4 2017/2018 Year 5 2018/2019 TOTALS Comprehensive Plan Reference GRT - GRANTS & CDBG Intersection Improvements at SR 434 and Tuskawilla Road (Market Square) REPLCMT GRT Safety and operational improvements at the SR 434 / Tuskawilla Road Intersection and along the Town Center Frontage Road Town Center 6 500,000$ 600,000$ -$ -$ -$ 1,100,000$ CIE 1.3.1; CIE 1.6.1; FLUE 1.3.1; Winding Hollow Decel Lane REPLCMT GRT Addresses future deficiency of SR 434 by adding a deceleration lane to ensure adequate movement of people and goods. SR 434 at Winding Hollow Blvd.6 -$ 250,000$ -$ -$ -$ 250,000$ CIE 1.3.1; CIE 1.6.1; FLUE 1.3.1; Town Center Sidewalk Improvements FUTURE GRT New sidewalks in the Town Center District Town Center 6 -$ -$ -$ 300,000$ -$ 300,000$ TE 1; TE 1.2; CIE 1.3.1; CIE 1.6.1; FLUE 1.3.1; T O T A L G R T E X P E N S E 500,000$ 850,000$ -$ 300,000$ -$ 1,650,000$ T O T A L G R T R E V E N U E 500,000$ 850,000$ -$ 300,000$ -$ 1,650,000$ Project Name LOS Category Funding Source Description/ Justification Location Ranking Score Current Yr 2013/2014 Year 1 2014/2015 Year 2 2015/2016 Year 3 2016/2017 Year 4 2017/2018 Year 5 2018/2019 TOTALS Comprehensive Plan Reference CRA - 17-92 COMMUNITY REDEVELOPMEN AGENCY SR 434 Streetscape FUTURE CRA Sidewalk, Hardscape, and Landscape Improvements on SR 434 at western City limits SR 434 from US 17-92 to Talmo St. 6 50,000$ 485,000$ -$ -$ -$ 535,000$ CIE 1.3.1; CIE 1.6.1; FLUE 1.3.1; Florida Avenue Streetscape FUTURE CRA Roadway, Landscape, Hardscape, and Stormwater Improvements Florida Avenue 6 -$ 765,000$ -$ -$ -$ 765,000$ CIE 1.3.1; CIE 1.6.1; FLUE 1.3.1; T O T A L P I M F E X P E N S E 50,000$ 1,250,000$ -$ -$ -$ 1,300,000$ T O T A L P I M F R E V E N U E 50,000$ 1,250,000$ -$ -$ -$ 1,300,000$ Project Name LOS Category Funding Source Description/ Justification Location Ranking Score Current Yr 2013/2014 Year 1 2014/2015 Year 2 2015/2016 Year 3 2016/2017 Year 4 2017/2018 Year 5 2018/2019 TOTALS Comprehensive Plan Reference SUF - STORMWATER UTILITY (ENTERPRISE) FUND Lombardy Canal Piping REPLACE SUF Major maintenance enabling efficient operation Lombardy Road area 6 200,000$ -$ -$ -$ -$ 200,000.00$ CIE 1.3.2; CIE 1.6.1; FLUE 1.3.1; HE 1.1.9 Northern Way Bridge Erosion Repairs REPLACE SUF Major erosion control project at the northwest side of the bridge Northern Way at Howell Creek Bridge (south)6 100,000$ -$ -$ -$ -$ 100,000.00$ CIE 1.3.2; CIE 1.6.1; FLUE 1.3.1; HE 1.1.9 Backhoe Replacement REPLACE SUF Replacement of 1996 Combination Backhoe Compound 6 80,000$ 80,000.00$ CIE 1.3.2; CIE 1.6.1; FLUE 1.3.1; HE 1.1.9 Stormwater Pipe Relining and Replacement REPLACE SUF Reline or Replace Failing Storm Piping Various 6 25,000$ 50,000$ 50,000$ 50,000$ 50,000$ 225,000.00$ CIE 1.3.2; CIE 1.6.1; FLUE 1.3.1; HE 1.1.9 Winding Hollow Wetland Treatment Area FUTURE SUF Mandate to meet State water quality TMDL regulations; Improves surface water quality.Winding Hollow Subdivision 6 -$ -$ -$ 50,000$ 300,000$ 350,000.00$ CIE 1.3.2; IE IV.D.1.1; CE 1.3.2 T O T A L S U F E X P E N S E 325,000$ 130,000$ 50,000$ 100,000$ 350,000$ 955,000$ T O T A L S U F R E V E N U E 1,035,000$ 1,040,000$ 1,042,000$ 1,045,000$ 1,047,000$ 5,209,000$ 545 CITY OF WINTER SPRINGS COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT IX - 22 Project Name LOS Category Funding Source Description/ Justification Location Ranking Score Current Yr 2013/2014 Year 1 2014/2015 Year 2 2015/2016 Year 3 2016/2017 Year 4 2017/2018 Year 5 2018/2019 TOTALS Comprehensive Plan Reference SUF - STORMWATER UTILITY (ENTERPRISE) FUND Lombardy Canal Piping REPLACE SUF Major maintenance enabling efficient operation Lombardy Road area 6 200,000$ -$ -$ -$ -$ 200,000.00$ CIE 1.3.2; CIE 1.6.1; FLUE 1.3.1; HE 1.1.9 Northern Way Bridge Erosion Repairs REPLACE SUF Major erosion control project at the northwest side of the bridge Northern Way at Howell Creek Bridge (south)6 100,000$ -$ -$ -$ -$ 100,000.00$ CIE 1.3.2; CIE 1.6.1; FLUE 1.3.1; HE 1.1.9 Backhoe Replacement REPLACE SUF Replacement of 1996 Combination Backhoe Compound 6 80,000$ 80,000.00$ CIE 1.3.2; CIE 1.6.1; FLUE 1.3.1; HE 1.1.9 Stormwater Pipe Relining and Replacement REPLACE SUF Reline or Replace Failing Storm Piping Various 6 25,000$ 50,000$ 50,000$ 50,000$ 50,000$ 225,000.00$ CIE 1.3.2; CIE 1.6.1; FLUE 1.3.1; HE 1.1.9 Winding Hollow Wetland Treatment Area FUTURE SUF Mandate to meet State water quality TMDL regulations; Improves surface water quality.Winding Hollow Subdivision 6 -$ -$ -$ 50,000$ 300,000$ 350,000.00$ CIE 1.3.2; IE IV.D.1.1; CE 1.3.2 T O T A L S U F E X P E N S E 325,000$ 130,000$ 50,000$ 100,000$ 350,000$ 955,000$ T O T A L S U F R E V E N U E 1,035,000$ 1,040,000$ 1,042,000$ 1,045,000$ 1,047,000$ 5,209,000$ Project Name LOS Category Funding Source Description/ Justification Location Ranking Score Current Yr 2013/2014 Year 1 2014/2015 Year 2 2015/2016 Year 3 2016/2017 Year 4 2017/2018 Year 5 2018/2019 TOTALS Comprehensive Plan Reference TIMF - TRANSPORTATION IMPACT FEE FUND Tuscora Decel Lane FUTURE TIMF Addresses future deficiency of SR 434 by adding a deceleration lane to ensure adequate movement of people and goods. SR 434 & Tuscora Drive 6 200,000$ -$ -$ -$ -$ 200,000$ TE 1; TE 1.2; CIE 1.3.1; CIE 1.6.1; FLUE 1.3.1; Central Winds Park Roadway Improvements - Phase 1 FUTURE TIMF Services future demand and addresses future deficiency of SR 434 by expanding interconnecting collector road network in Town Center to reduce demand on SR 434. Town Center/Central Winds Park 6 350,000$ 300,000$ -$ -$ -$ 650,000$ CIE 1.7; CIE 1.7.4; FLUE 1.3.1; TE 1.2; TE 1.2.4; TE 1.3 T O T A L T I M F E X P E N S E 550,000$ 300,000$ -$ -$ -$ 850,000$ T O T A L T I M F R E V E N U E 662,450$ 300,000$ 300,000$ 300,000$ 300,000$ 1,862,450$ 546 CAPITAL IMROVEMENTS ELEMENT CITY OF WINTER SPRINGS COMPREHENSIVE PLAN IX - 23 Project Name LOS Category Funding Source Description/ Justification Location Ranking Score Current Yr 2013/2014 Year 1 2014/2015 Year 2 2015/2016 Year 3 2016/2017 Year 4 2017/2018 Year 5 2018/2019 TOTALS Comprehensive Plan Reference UCF - UTILITY CONSTRUCTION FUND East Force Main Improvements FUTURE UCF Increase Force Main Capacity to Serve GID and alleviate current LOS deficiencies Northern Way/Vistawilla Drive 6 157,000$ -$ -$ -$ -$ 157,000$ IE IV.B.3.2; FLUE 1.3.1; HE 1.3.9; IE IV.E.1.7; CE 1.2.8 T O T A L U C F E X P E N S E 157,000$ -$ -$ -$ -$ 157,000$ T O T A L U C F R E V E N U E 157,000$ -$ -$ -$ 157,000$ Project Name LOS Category Funding Source Description/ Justification Location Ranking Score Current Yr 2013/2014 Year 1 2014/2015 Year 2 2015/2016 Year 3 2016/2017 Year 4 2017/2018 Year 5 2018/2019 TOTALS Comprehensive Plan Reference LOGT - LOCAL OPTION GAS TAX /TRANSPORTATION IMPROVEMENT FUND Residential Road Reconstruction REPLCMT LOGT/1CTX Rebuilds existing neighborhood streets so that transportation network is maintained.Various 6 280,000$ 100,000$ 100,000$ 100,000$ 100,000$ 680,000$ CIE 1.3.1; CIE 1.6.1; FLUE 1.3.1; Tractor REPLCMT LOGT Replace Tractor used for mowing Rights of Way PWC 6 75,000$ -$ -$ -$ -$ 75,000$ CIE 1.3.1; CIE 1.6.1; FLUE 1.3.1; T O T A L LOGT E X P E N S E 355,000$ -$ -$ -$ -$ 755,000$ T O T A L LOGT R E V E N U E 500,000$ 500,000$ 500,000$ 500,000$ 500,000$ 2,500,000$ Project Name LOS Category Funding Source Description/ Justification Location Ranking Score Current Yr 2013/2014 Year 1 2014/2015 Year 2 2015/2016 Year 3 2016/2017 Year 4 2017/2018 Year 5 2018/2019 TOTALS Comprehensive Plan Reference 311 FUND - UTILTY/PUBLIC WORKS FACILITY Administration Building at Public Works Compound FUTURE 311 Construct Admin Building at Public Works Compound to Centralize Management Team and eliminate Rental Trailer Pulbic Works Compound 6 965,000$ -$ -$ -$ -$ 965,000$ IE IV.B.3.2; FLUE 1.3.1; T O T A L U C F E X P E N S E 965,000$ -$ -$ -$ -$ 965,000$ T O T A L U C F R E V E N U E 965,000$ -$ -$ -$ -$ 965,000$ 547 CAPITAL IMROVEMENTS ELEMENT CITY OF WINTER SPRINGS COMPREHENSIVE PLAN IX - 24 L E G E N D: Funding Sources: Funding Sources: 1CTX PIMF CF-305 R&R FDOT TLBD Assessment District (Tuscawilla Lighting & Beautifictn) GRT UCF LGTX UEF Utility Enterprise Utility Construction Fund Florida Dept of Transportation Grants & CDBG Utility Renewal & Replacement Fund 1999 Construction Capital Project Fund - 305 Local Option Gas Tax (Transportation Improvement Fund) One Cent Sales Tax (Road Improvement Fund) - 115 Park & Rec Impact Fee Fund Project Name LOS Category Funding Source Description/ Justification Location Ranking Score Current Yr 2013/2014 Year 1 2014/2015 Year 2 2015/2016 Year 3 2016/2017 Year 4 2017/2018 Year 5 2018/2019 TOTALS Comprehensive Plan Reference UEF - UTILITY ENTERPRISE FUND Lift Station #7 Upgrades REPLCMT UEF Major maintenance to master pump station. Lift Station #7 - S. Edgemon Avenue 6 90,000$ -$ -$ -$ 90,000$ CIE 1.6.1; IE IV.B.2; IE IV.B.2.1 Plant Refurb REPLCMT UEF Major maintenance at West WRF Plant #1 West WRF 6 140,000$ 150,000$ 150,000$ 150,000$ -$ 590,000$ CIE 1.6.1; IE IV.B.2; IE IV.B.2.1 Sewer Relining REPLCMT UEF Sewer Relining Various 6 200,000$ 250,000$ 250,000$ 250,000$ 250,000$ 250,000$ 1,250,000$ CIE 1.6.1; IE IV.B.2; IE IV.B.2.1 New Variable Frequency Controls WTP#3 REPLCMT UEF Control upgrades.WTP #3 6 25,000$ 50,000$ -$ -$ -$ 75,000$ CIE 1.6.1; IE IV.B.2; IE IV.B.2.1 WTP#1 Treatment Improvements FUTURE UEF Process Control Improvements to meet new Federal water quality standards WTP #1 6 220,000$ 150,000$ 1,500,000$ 1,500,000$ -$ 3,370,000$ CIE 1.6.1; IE IV.B.2; IE IV.B.2.1 West Force Main Rerouting / Design FUTURE UEF Project needed to meet future demand; Bolsters service to new growth; Improves efficiency.Lift Station 10 Discharge 8 -$ -$ 210,000$ -$ 210,000$ HE 1.3.9; IE IV.A.4.3; FLUE 1.3.1; CIE 1.3.3; IE IV.A.1.5; HE 1.19 Control Upgrades REPLCMT UEF Control Upgrades at the East and West WRF's to balance reclaimed system pressures West/East WRF 6 110,000$ 100,000$ -$ -$ -$ 210,000$ CIE 1.6.1; IE IV.B.2; IE IV.B.2.1 East Force Main Rerouting / Design FUTURE UEF Project needed to meet future demand; Bolsters service to new growth; Improves efficiency.Tuskawilla 8 410,000$ -$ 300,000$ -$ -$ 710,000$ HE 1.3.9; IE IV.A.4.3; FLUE 1.3.1; CIE 1.3.3; IE IV.A.1.5; HE 1.19 WWRF Sand Filter REPLACE UEF Project needed to meet future demand; Increases capacity for new growth; Improves efficiency.WWRF 6 -$ -$ -$ 250,000$ -$ 250,000$ HE 1.3.9; FLUE 1.3.1; CIE 1.3.3; IE IV.A.1.5; HE 1.19 T O T A L U E F E X P E N S E 1,155,000$ 790,000$ 2,200,000$ 2,360,000$ 250,000$ 6,755,000$ T O T A L U E F R E V E N U E 8,072,150$ 8,750,000$ 8,775,000$ 8,800,000$ 8,825,000$ 43,222,150$ 548 CAPITAL IMROVEMENTS ELEMENT CITY OF WINTER SPRINGS COMPREHENSIVE PLAN IX - 25 B. SUMMARY The Capital Improvements Element (CIE) is the mechanism used to guide and implement the Comprehensive Plan through the programming of public facilities and services as identified in the other elements of the Comprehensive Plan. The CIE is to be annually updated and adopted to reflect the timing and funding of capital projects to meet or maintain adopted Levels of Service (LOS) standards or implement the Goals, Objectives, and Policies of the Comprehensive Plan. (Ord. 2012-14) The purpose of the CIE and the Schedule of Capital Improvements (SCI) is to ensure that necessary facilities and infrastructure will be in place to meet the LOS standards established within the Comprehensive Plan, by addressing them through the annual budgeting process. The SCI also acts as a monitoring system to ensure that programmed capital improvements are actually completed during the five-year planning period. The SCI includes those capital improvement projects for which the local government has fiscal responsibility, as well as some projects for which the City does not have fiscal responsibility, including school facilities, certain transportation facilities, some water supply facilities, and privately funded projects necessary to ensure that adopted LOS standards are achieved and maintained. Capital improvements must be based on sufficient revenues being currently available or available from committed funding sources for the first three years of the CIE. Sufficient revenues for years 4 and 5 shall be demonstrated by ensuring that funds are committed or planned. Revenue sources may include: tax revenues, bonds, state and federal funds, impact fees, service charges, and developer contributions. Expenditures or appropriations included in the City’s annual operating and capital budget are to coincide with SCI as well as the City’s capital improvements program. (Ord. 2012-14) Concurrency related facilities in the following areas are to be included:  Transportation Facilities  Sanitary Sewer  Potable Water  Solid Waste  Stormwater (drainage)  Parks and Recreation  Schools If the LOS Standards are not met, City concurrency management policies requires a local government tothe denial ofy applications for development orders and permits until the deficiency is addressed. In order to assure that facilities will be in place to maintain LOS standards in a timely manner and prevent a concurrency moratorium, the SCI must address known or identified deficiencies. [Note: Land acquisition and design studies should be included, but do not satisfy concurrency- Only programmed construction phases satisfy concurrency.] (Ord. 2012-14) 549 WEATHER World TodayTomorrow City HLSkies HL Beach report Boating report Hightide Lowtide WaterWindSeasWaves Nation TodayTomorrow City HLSkiesH L Rainfall Skywatch Pollen report Orlando almanac LowModerateHigh V.HighExtreme The highertheAccuWeather.comUVIndex™number,thegreatertheneedforeyeandskinprotection.Shownisthehighestvalueoftheday. —National AllergyBureau Tallahassee Leesburg Clermont Tampa Sarasota Fort Myers Key West Miami Kissimmee Melbourne Titusville Sanford DeLand Daytona Beach Gainesville Jacksonville Orlando 87/69 87/69 86/72 88/70 88/72 85/71 87/74 89/73 88/76 86/79 91/71 89/72 91/75 90/72 90/72 85/71 88/72 Today’sOrlando high:88° Acapulco 88 76 pc 88 76 Amsterdam 62 52 sh 59 52Athens7759s7860 Baghdad 96 68 pc 93 68 Beijing 64 53 sh 61 52 Berlin 61 53 c6352Bogota6849r6649 BuenosAires 67 54 s6954 Cairo 85 66 s8466Caracas9077sh9077 Copenhagen 59 52 sh 58 54 Dublin 57 46 c5543Frankfurt5948sh6247 Geneva 56 49 r6246 Havana 88 70 t8972HongKong9182s9181 Istanbul 68 58 pc 68 57 Jerusalem 76 64 s7561 Jo’burg 70 51 pc 73 56Lisbon7159pc7760 London 61 51 c5750 Madrid 69 47 pc 73 51Manila9081t8879 Montreal 61 51 c6448 Moscow 51 41 c5038Nairobi8057pc8255 Ottawa 60 50 c6348 Paris 64 52 pc 62 50 Prague 65 52 c6951 Rio 87 71 pc 73 70 Rome 80 66 r7563 Seoul 77 72 sh 77 66Singapore8877pc8678 Stockholm 58 50 r5751 Sydney 79 56 s7056Tokyo8070s7970 Toronto 62 55 sh 64 56 Vancouver 57 48 pc 56 46Vienna7558pc7655 Albany!AlbanyNY5851 r5953 Albuquerque 77 54 s7856Anchorage4439s4741 Asheville 73 61 t6761 Atlanta 76 67 t7167AtlanticCity8164t7661 Austin 90 56 pc 89 55 Baltimore 80 64 t7964 Billings 82 56 s8655Birmingham8066t7365 Boise 82 53 s8254 Boston 60 56 r6254Buffalo6859sh6959 BurlingtonVT 61 53 c6451 CharlestonSC 84 69 pc 82 71CharlestonWV7459t7961 Charlotte 80 67 t7968 Chicago 70 62 pc 70 61 Cincinnati 74 62 sh 78 64 Cleveland 72 61 sh 73 61 ColumbiaSC 84 68 t8269 ColumbusOH 74 61 sh 77 62Dallas8760s8761 Denver 80 49 s8050 DesMoines 76 58 s7559Detroit7361sh7258 Fargo 79 53 s8059 Guam 87 79 sh 86 77Hartford6154r6150 Honolulu 87 74 pc 88 75 Houston 88 62 pc 87 61 Indianapolis 74 62 sh 76 61 KansasCity 79 54 s7456 Knoxville 78 64 t7363 LasVegas 89 70 pc 82 63LittleRock8161pc7862 LosAngeles 86 62 pc 80 59 Louisville 78 63 t8066Memphis8064pc7964 Milwaukee 69 61 c6761 Minneapolis 73 54 s7558Mobile8067t7765 Nashville 78 62 t7764 NewOrleans 83 70 t8168 NewYorkCity 73 61 t6659 NorfolkVA 83 67 pc 80 67 Okla.City 82 53 s8151 Omaha 78 50 s7757Philadelphia8066t7664 Phoenix 97 72 pc 84 69 Pittsburgh 72 60 t7560PortlandME5950c6049 PortlandOR 70 52 pc 59 48 Providence 63 57 r6255RochesterNY6557sh6258 St.Louis 76 63 pc 76 62 St.ThomasVI 88 79 s8879 SaltLakeCity 82 57 s7959 SanAntonio 89 61 pc 90 62 SanDiego 80 66 pc 76 66 SanFrancisco 75 57 s6957SanJuanPR9180pc8980 Savannah 85 69 pc 84 71 Seattle 61 48 pc 56 46Spokane7048pc7045 Syracuse 66 57 r6258 Wash.DC 81 66 t7967 Howhotitwillfeel withtheforecast 60%humidityfactoredin:92° Daytona Beach 6:46a 7:10p 12:38a 12:57p 82NewSmyrnaBeach7:17a 7:37p 1:03a 1:16p 82CocoaBeach6:33a 6:58p 12:26a 12:36p 83MelbourneBeach6:42a 7:06p 12:36a 12:57p 83SebastianInlet6:47a 7:11p 12:38a 12:59p 82 St.Augustine -JupiterInlet E6-123-5 ModerateJupiterInlet-Key Largo ENE 6-12 1-3 LightKeyLargo-DryTortugas E7-142-4 LightCapeSable-Tarpon Springs E4-8 1-2LightTarponSprings-Apalachicola ESE4-8 1-2 Light Sunrise 7:20 a.m. Sunset 7:08p.m. Moonrise 5:16a.m. Moonset 6:22 p.m. Full Oct.20 Firstqtr Oct.12 New Oct.6 Lastqtr Oct.28 Mainpollen:Mold Forecastsand graphicsprovided byAccuWeather,Inc.©2021 High yesterday 90 Lowyesterday 73 Avg.for Oct.3 88/70 Record high yest.96 in 1923 Record lowyest.54 in 1920 UV index:3 24-hourtotal Trace Monthtodate 0.18” Normal month to date0.49” October record 19.10”in 1915 Year to date 36.88” Relationtonormal -7.33” Skies:s-sunny,pc-partlycloudy,c-cloudy,sh-showers,t-thunderstorms,r-rain,sf-snowflurries,sn-snow,i-ice. Scan this QRcode withyourcell phonetoseethelatesthourlyforecast 12 Orlando Sentinel | Section 1 | Monday, October 4, 2021 NOTICE OF PUBLIC HEARINGCITYOFWINTERSPRINGS NOTICE IS HEREBY GIVEN THAT THE PLANNING &ZONING BOARD/LOCAL PLANNING AGENCY AND CITY COMMISSION PROPOSE TO CONSIDER THE FOLLOWING: ORDINANCE 2021-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS,SEMINOLE COUNTY,FLORIDA,SETTING FORTH AMENDMENTS TO THE CITY OF WINTER SPRINGS COMPREHENSIVE PLAN,RECREATION AND OPEN SPACE ELEMENT BASED ON THE CITY’S EVALUATION AND APPRAISAL OF THE COMPREHENSIVE PLAN PURSUANT TO SECTION 163.3191,FLORIDA STATUTES;PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS;INCORPORATION INTO THE COMPREHENSIVE PLAN; LEGAL STATUS OF THE COMPREHENSIVE PLAN AMENDMENTS; SEVERABILITY;AND AN EFFECTIVE DATE. PLANNING &ZONING BOARD /LOCAL PLANNING AGENCY PUBLIC HEARING WILL BE HELD ON THURSDAY,OCTOBER 14,2021 AT 5:30 P.M.OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL 1126 EAST STATEROAD 434 WINTER SPRINGS,FLORIDA CITY COMMISSION FIRST READING PUBLIC HEARING WILL BE HELD ON MONDAY,NOVEMBER 8,2021 AT 6:30 P.M.OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL 1126 EAST STATEROAD 434 WINTER SPRINGS,FLORIDA THE CITY COMMISSION RESERVES THE RIGHT TO POSTPONE OR CONTINUE THE PUBLIC HEARING ON THIS ORDINANCE AT THIS MEETING WITHOUT FURTHER NOTICE. The proposed ordinance may be obtained by interested parties between 8a.m.and 5p.m.,Monday through Friday,fromthe office of the City Clerk, located at 1126 E.SR 434,Winter Springs,Florida.For moreinformation, call (407)327-1800 #237.Persons with disabilities needing assistance to participate in any of these proceedings should contact the Employee Relations Department Coordinator,48hours in advance of the meeting at (407)327-1800,#236.This is apublic hearing.Interested parties are advised that they may appear at the meeting and be heardwith respect to the proposed ordinance.If you decide to appeal any recommendation or decision made by the City Commission with respect to any matter considered at this meeting,you will need arecordofthe proceedings,and for such purposes,you may need to ensurethat averbatim recordofthe proceedings is made upon which the appeal is based. NOTICE OF PUBLIC HEARINGCITYOFWINTERSPRINGS NOTICE IS HEREBY GIVEN THATTHEPLANNING&ZONING BOARD/LOCAL PLANNING AGENCY AND CITY COMMISSIONPROPOSETOCONSIDERTHEFOLLOWING: ORDINANCE 2021-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS,SEMINOLE COUNTY,FLORIDA,SETTING FORTH AMENDMENTS TO THE CITY OF WINTER SPRINGS COMPREHENSIVEPLAN,CAPITAL IMPROVEMENTS ELEMENT BASED ON THE CITY’S EVALUATION AND APPRAISALOFTHECOMPREHENSIVEPLANPURSUANTTO SECTION 163.3191,FLORIDA STATUTES;PROVIDINGFORTHEREPEALOFPRIORINCONSISTENT ORDINANCES AND RESOLUTIONS;INCORPORATIONINTOTHECOMPREHENSIVEPLAN;LEGAL STATUS OF THE COMPREHENSIVE PLAN AMENDMENTS;SEVERABILITY;AND AN EFFECTIVE DATE. PLANNING &ZONING BOARD /LOCAL PLANNING AGENCYPUBLICHEARING WILL BE HELD ON THURSDAY,OCTOBER 14,2021 AT 5:30 P.M.OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL 1126 EAST STATEROAD 434 WINTER SPRINGS,FLORIDA CITY COMMISSION FIRST READING PUBLIC HEARING WILL BE HELD ON MONDAY,NOVEMBER 8,2021 AT 6:30 P.M.OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL 1126 EAST STATEROAD 434 WINTER SPRINGS,FLORIDA THE CITY COMMISSION RESERVES THE RIGHT TO POSTPONE OR CONTINUE THE PUBLIC HEARING ON THIS ORDINANCE AT THIS MEETING WITHOUT FURTHER NOTICE. The proposed ordinance may be obtained by interested parties between 8a.m.and 5p.m.,Monday through Friday,fromthe office of the City Clerk,located at 1126 E.SR 434,Winter Springs,Florida.For moreinformation,call (407)327-1800 #237.Persons with disabilities needing assistance to participate in any of these proceedings should contact the Employee Relations Department Coordinator,48hours in advance of the meeting at (407)327-1800,#236.This is apublic hearing.Interested parties areadvised that they may appear at the meeting and be heardwith respect to the proposed ordinance.If you decide to appeal any recommendation or decision made by the City Commission with respect to any matter considered at this meeting, you will need arecordofthe proceedings,and for such purposes, you may need to ensurethataverbatim recordofthe proceedings is made upon which the appeal is based. 550 PUBLIC HEARINGS AGENDA ITEM 402 CITY COMMISSION AGENDA | DECEMBER 13, 2021 REGULAR MEETING TITLE Approval on First Reading Ordinance 2021-09 amending Section 20-452 of the City Code related to Home Occupations or Home Offices to comply with recent legislation adopted by the Florida legislature related to Home-Based Businesses. SUMMARY Based on recent legislation adopted by the Florida Legislature during the 2021 session, it is warranted to provide amendments to the City Code regarding Home-Based Businesses by repealing and replacing Section 20-452 of the City Code and making other conforming amendments to the City Code to comply with the state preemption provided under Section 559.955, Florida Statutes. The proposed Ordinance requires several publicly noticed and advertised public hearings including one (1) hearing before the City’s Land Planning Agency and two (2) hearings before the City Commission. The proposed Ordinance was advertised in the Orlando Sentinel on October 28, 2021. The City's Land Planning Agency reviewed and unanimously recommended approval the Ordinance at the November 4, 2021 Planning and Zoning/Local Planning Agency meeting. The Second Reading of Ordinance 2021-09 is scheduled for January 10, 2022. RECOMMENDATION Staff recommends that the City Commission hold a Public Hearing and Approve First Reading of Ordinance 2021-09. 551 City of Winter Springs Ordinance No. 2021-09 Page 1 of 10 ORDINANCE NO. 2021-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; AMENDING SECTION 20-452 OF THE CITY CODE RELATED TO HOME OCCUPATIONS OR HOME OFFICES TO COMPLY WITH RECENT LEGISLATION ADOPTED BY THE FLORIDA LEGISLATURE RELATED TO HOME BASED BUSINESSES; MAKING CONFORMING AMENDMENTS TO THE CITY CODE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, based on recent legislation adopted by the Florida Legislature during the 2021 session, it has been determined that it is warranted to provide amendments to the City Code regarding home-based businesses by repealing and replacing Section 20-452 of the City Code and making other conforming amendments to the City Code to comply with the state preemption provided under Section 559.955, Florida Statutes; and WHEREAS, pursuant to the Florida Community Planning Act and the City Code, the City’s Planning & Zoning Board/Land Planning Agency has reviewed and recommended adoption of this Ordinance at a duly held public meeting; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Commission of the City of Winter Springs. Section 2. Code Amendment. Chapter 20 - Zoning, Article V. – Supplemental District Regulations, Division 4 – Home Occupations or Home Office, Section 20-454 of the City Code 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 Division 4, Section 20-452. It is intended that the text in Division 4, Section 20-452 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): DIVISION 4. – REGULATION OF HOME BASED BUSINESSES OCCUPATIONS OR HOME OFFICES. 552 City of Winter Springs Ordinance No. 2021-09 Page 2 of 10 Sec. 20-452. Home Based Businesses occupations or home offices. (a) Home based businesses shall be permitted from a residential property provided such businesses comply with the requirements set forth in Section 559.955, Florida Statutes and other applicable federal and state law. Such businesses shall also comply with any applicable provision of the City Code not otherwise preempted by law. A home occupation or home office, as defined in section 20-1 of the City Code, is permitted in all residential zoning categories provided that: (1) The home occupation or home office use shall be incidental and subordinate to the residential use of the dwelling unit. Further, the area used for the home occupation or home office shall not exceed an area greater than thirty (30) percent of the air-conditioned portion of the dwelling unit. (2) The home occupation or home office use shall not negatively impact the residential character of the neighborhood in which it is located by introducing uses or conditions that are incompatible with the peace and harmony of the residential neighborhood. (3) The home occupation or home office is conducted entirely within the dwelling unit or within a permitted accessory building. A home occupation or home office is not permitted within an accessory dwelling unit. (4) There shall be no exterior advertising of the home occupation on the outside of the dwelling unit or permitted accessory building. (5) There shall be no exterior storage or display on the premises of material or equipment used as a part of the home occupation or home office. Commercial vehicles shall be regulated pursuant to section 20-431 et seq. of the City Code. (6) The following uses shall not be considered a home occupation or home office: a.Adult entertainment establishments; b. Antique shops; c.Art studio for group instruction; d. Auto service and repair; e.Mechanical service and repair; f.Barber and cosmetology services; g.Band or music instruction for groups; h. Bed and breakfast facilities; i.Clubs, private; 553 City of Winter Springs Ordinance No. 2021-09 Page 3 of 10 j.Drive-in facilities; k. Eating and drinking establishments; l.Escort services; m.Food processing and handling, commercial (except that cottage food operations, as defined in section 20-1 of the City Code, may be considered a home occupation or home office); n. Fortune tellers; o. Funeral homes; p. Group instruction for more than two (2) people; q. Health spas; r.Hospitals and clinics; s.Hotels/motels; t.Kennels or overnight boarding of animals; u. Massage therapy; v. Photographic studios involving chemicals or client visitors; w.Retail commercial operations; x.Sexually oriented businesses; y.Vehicle sales or rental; z.Tattoo parlors; aa. Health care providers; or bb. Pain management clinics, as defined by section 458.3265 or section 459.0137, Florida Statutes. cc. Any other use or activity similar in nature or purpose to those listed herein and any other use or activity inconsistent with the requirements of this Code. (7) No person other than inhabitants residing on the premises of the dwelling unit shall be engaged on the premises of the home occupation or home office. (8) No traffic/parking shall be generated by the home occupation or home office in greater volumes than would normally be expected in accordance with industry traffic and parking standards for a residential unit located in a residential neighborhood. 554 City of Winter Springs Ordinance No. 2021-09 Page 4 of 10 (9) No dangerous, toxic or hazardous material shall be used or stored on the premises in connection with the home occupation or home office, except, however, this provision shall not be construed as prohibiting a person from using or storing products that are normally used or stored at a residence for purely domestic or household purposes such as cleaning, lawn fertilizer and pest control products. (10) No equipment or process used in the home occupation or home office shall create noise, smoke, dust, heat, vibration, glare, fumes, odors or air pollution off the premises on which the home occupation or home office exists. (b) Pursuant to Section 559.955(d), the activities of the home-based business are required to be secondary to the property’s use as a residential dwelling. For purposes of this section, “secondary” means a use that is incidental and subordinate to the primary use and area of the property serving as a residential dwelling and does not alter the principal residential use of the property. A home occupation or home office is permitted in the town center subject to the provisions of section 20-324(7). (c) This section does not supersede or repeal: (1) Any current or future declaration or declaration of condominium adopted pursuant to chapter 718, cooperative document adopted pursuant to chapter 719, or declaration or declaration of covenant adopted pursuant to chapter 720. (2) Any provision of the City Code related to transient public lodging establishments, as defined in section 509.013(4)(a) 1., Florida Statutes that are not otherwise preempted under chapter 509, Florida Statutes including, but not limited to regulations related to guest (tourist) home, boarding house or lodging house or bed & breakfast inn. All home occupations and home offices shall be required to obtain a business tax receipt as required by section 10-26 of the City Code, prior to the start of such use. In addition to any other submittals required for a business tax receipt, the applicant shall also submit the following: (1) The exact nature of the home occupation or home office; (2) Total air-conditioned floor area (square feet) of the residence; and (3) Amount of area, measured in square feet, to be utilized in conducting the home occupation or home office. Section 3. Conforming Amendments. The City of Winter Springs Code of Ordinances, is hereby amended as set forth below (underlined type indicates additions and strikeout type indicates deletions, while *** indicate deletions from this Ordinance of the referenced Chapter, Article, Division, Section or Table that shall remain unchanged in the City Code): 555 City of Winter Springs Ordinance No. 2021-09 Page 5 of 10 A. Sec. 10-93. – Local business tax receipts/home occupations. *** (b) Adult entertainment establishments and sexually oriented businesses shall not be approved as home occupations. B. Chapter 20 Zoning Conforming Amendments as follows: Sec. 20-1. – Definitions. *** Home Based Business or occupation or home office. A business permitted from a residential property in accordance and compliance with the requirements of section 559.955, Florida Statutes and An operation for commercial or pecuniary gain conducted entirely within a dwelling unit, or in a permitted accessory building, which is incidental and subordinate to the use of the dwelling for residential purposes and which does not change the residential character thereof. Home occupations and home offices are subject to section 20-452 of this Code. *** ARTICLE III. - ESTABLISHMENT OF DISTRICTS *** DIVISION 2. - R-1AAA SINGLE-FAMILY DWELLING DISTRICTS Sec. 20-122. - Uses permitted. Within any R-1AAA Single-Family Dwelling District, no building, structure, land or water shall be used except for the following uses: (1) Single-family dwellings and their customary accessory uses.; and (2) Home occupations. *** DIVISION 3. - R-CI SINGLE-FAMILY DWELLING DISTRICT Sec. 20-142. - Uses permitted. Within any R-C1 single-family dwelling districts, no building, structure, land or water shall be used except for the following uses: (1) Single-family dwellings and their customary accessory uses; and 556 City of Winter Springs Ordinance No. 2021-09 Page 6 of 10 (2) Horses and ponies, allowing three-fourths of an acre per animal not to exceed ten (10) animals per lot; provided however, horses and ponies can be permitted on less than three-fourths of an acre upon recommendation by the board of adjustment; and. (3) Home occupations *** DIVISION 4. - R-1AA AND R-1A ONE-FAMILY DWELLING DISTRICTS Sec. 20-162. - Uses permitted. Within any R-1AA and R-1A single-family dwelling district, no building, structure, land or water shall be used except for the following uses: (1) Single-family dwellings and their customary accessory uses.; and (2) Home occupations. *** DIVISION 5. - R-1 ONE-FAMILY DWELLING DISTRICTS Sec. 20-182. - Uses permitted. Within any R-1 One-Family Dwelling District, no building or structure, land or water shall be used except for one (1) or more of the following uses: (1) Any use permitted in R-1AA and R-1A Single-Family Dwelling Districts. (2) Home occupations. *** DIVISION 9. - R-U RURAL URBAN DWELLING DISTRICTS Sec. 20-267. - Uses permitted. Within any R-U Rural Urban Dwelling District, no building, structure, land or water shall be used except for one (1) or more of the following uses: *** (6) Reserved. Home occupations; *** DIVISION 12. - TOWN CENTER DISTRICT CODE 557 City of Winter Springs Ordinance No. 2021-09 Page 7 of 10 Sec. 20-320. Intent. *** (b) T3 (Suburban Zone) General character: Consists of the least dense residential areas with some mixed- use. Home occupations and Aaccessory dwelling units (ADU) are permitted. Building placement: Medium to large front and side yard setbacks Frontage types: Porches, fences, common yards Typical building height: 1-story minimum, 3-story maximum* *See section 20-324(11) for additional details *** Sec. 20-322. – Definitions. *** T3 (suburban zone). This zone consists of the least dense residential areas, adjacent to higher density zones within the town center that include some mixed-use. Home occupations and Aaccessory dwelling units (ADU) are allowed. Planting is naturalistic and setbacks are relatively deep. Blocks may be large and the roads irregular to accommodate natural conditions. This zone is intended to provide a transition to and incorporation with existing lower density residential areas that are adjacent to the town center district. *** Sec. 20-323. – Permitted uses. *** T1 T2 T3 T4 T5 C/P *** Home occupations Reserved P P P *** 558 City of Winter Springs Ordinance No. 2021-09 Page 8 of 10 Sec. 20-324. – General Provisions. The following general provisions apply to all street types. *** (5) Accessory structures. Accessory structures are permitted and may contain parking, accessory dwelling units, home occupation uses, storage space, and trash receptacles. Home occupation uses are restricted to owner plus one (1) employee, shall not include noxious or disruptive functions, and may not disrupt parking for neighboring residents. Accessory structures shall not be greater than six hundred twenty-five (625) square feet in footprint and shall not exceed two (2) stories in height. *** Sec. 20-325. Transect Standards. *** (b) Transect zone design standards. T3 (Suburban Zone) (1) Description. This zone consists of the least dense residential areas, adjacent to higher density zones within the town center that include some mixed-use. Home occupations and Aaccessory dwelling units (ADU) are allowed. Planting is naturalistic and setbacks are relatively deep. Blocks may be large and the roads irregular to accommodate natural conditions. This zone is intended to provide a transition to and incorporation with existing lower density residential areas that are adjacent to the town center district. *** ARTICLE IV. – PLANNED UNIT DEVELOPMENTS. *** Sec. 20-353. - Standards for planned unit developments. *** (c) Permissible uses, density, and intensity. Permissible uses within the PUD shall be established within the development agreement consistent with the underlying future land use designation(s) identified on the future land use map of the comprehensive plan. There shall be at least two (2) different uses within a new PUD, and at least one (1) of the uses shall be a non-residential use. Nothing herein shall be construed to abrogate specific use restrictions set forth in this Code including the restrictions set forth in Chapter 20, Article V, Supplemental District Regulations. Home occupations shall be permitted within the PUD subject to the provisions of Chapter 20 and are not required to be established within the development agreement. Schools and daycare centers shall be subject to conditional use permit requirements under the City Code. 559 City of Winter Springs Ordinance No. 2021-09 Page 9 of 10 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts or ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Incorporation into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word, or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 7. 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. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _____ day of______________, 2021. Kevin McCann, Mayor ATTEST: Christian Gowan, City Clerk 560 City of Winter Springs Ordinance No. 2021-09 Page 10 of 10 APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY: _______________________________ Anthony A. Garganese, City Attorney Legal Ad: First Reading: Second Reading: 561 562 REGULAR AGENDA ITEM 500 CITY COMMISSION AGENDA | DECEMBER 13, 2021 REGULAR MEETING TITLE Non-Binding Preliminary Review for Lake Emma Properties, LLC SUMMARY Lake Emma Properties, LLC is proposing a ± 10.11 acre residential development located northwest of Tree Swallow Drive and east of Michael Blake Boulevard, Winter Springs. The proposed project is bordered on the south by the Cross Seminole Trail and the north by Winter Springs Village. The proposed development includes forty (40) attached rear-loaded and front- loaded garage townhomes. The concept plan illustrates six (6) buildings, ranging from four (4) units up to eight (8) units and a proposed community recreation area. The subject property currently holds a Future Land Use (FLU) designation of Town Center and a zoning designation of Town Center (T3). RECOMMENDATION Staff recommends the City Commission receive and review information related to the Non-Binding Preliminary Review. 563 564 565 566 567 Winter Springs Townhomes Michael Blake Blvd City of Winter Springs Non-binding Review 1568 6569 Front loaded elevation Rear loaded elevation –front porches to be added per Winter Springs design requirements 7570 Front loaded downstairs floor plan 8571 Front loaded upstairs floor plan 9572 Rear loaded downstairs floor plan (front porches to be added per Winter Springs design requirements) 10573 Rear loaded upstairs floor plan 11574 REGULAR AGENDA ITEM 501 CITY COMMISSION AGENDA | DECEMBER 13, 2021 REGULAR MEETING TITLE Selection of a Communications and Branding Services Vendor SUMMARY On May 10, 2021, the City Commission entered into discussion on updating the City's communication outreach program. In October 2021, the City issued RFP 10-21 requesting proposals for City Communications and Branding Services. The purpose of the Request for Proposal (RFP) was to solicit proposals to establish a lump sum contract through competitive negotiation with a qualified consulting firm with solid and proven experience in marketing research (both quantitative and qualitative), message/positioning development, and municipal identity/branding including development of a brand values statement; logo development and associated graphic standards; and recommendations for brand rollout through social media marketing as well as traditional marketing. We requested the development of a comprehensive brand marketing campaign to drive business attraction and retention, energize current residents and position the City as a desirable place for relocation, and enhance City branding with updated messaging and City seal that reflects our community values. The RFP closed on October 29, 2021; three responses we received, offering a wide variety of services. Below are the lump sum costs received: Guide $47,940 - $57,440 Consensus Communications $196,523 BFT International $75,945 Attached is RFP 10-21, accompanying addendums, and the full proposals received. RECOMMENDATION Staff recommends the Commission review the attached Communications and Branding Services proposals, select a vendor to move forward with, and authorize the City Manager and City Attorney to negotiate and execute a contract for the services, or to provide further direction to City staff. 575 CITY OF WINTER SPRINGS REQUEST FOR PROPOSAL Communications and Branding Services RFP 10-21 CH October 2021 576 C I TY OF WINTER SPRINGS RFP | Communications and Branding Services RFP 10-21 CH P a g e | 1 I. RFP Objectives and Submission Requirements 1) Bid Proposals are hereby solicited by the City of Winter Springs, Florida for Communications and Branding Consulting Services. The purpose of this Request for Proposal (RFP) is to solicit proposals to establish a lump sum contract through competitive negotiation with a qualified consulting firm with solid and proven experience in marketing research (both quantitative and qualitative), message/positioning development, and municipal identity/branding including development of a brand values statement; logo development and associated graphic standards; and recommendations for brand rollout through social media marketing as well as traditional marketing. The City of Winter Springs is seeking the development of a comprehensive brand marketing campaign to drive business attraction and retention, energize current residents and position the municipality as a desirable place for relocation, and enhance City branding with updated messaging and City seal that reflects our community values. 2) Sealed Proposals must be received by October 29, 2021 at 10:00AM at the City of Winter Springs, City Hall, 1126 East S.R. 434, Winter Springs, FL 32708. The Bidding Documents may be downloaded in PDF format from the City’s website at the following link: http://www.winterspringsfl.org/EN/web/gov/bids_purchasing.htm 3) Proposal must include all labor, material, printing and other expenses necessary to provide Communications and Branding Services to the City of Winter Springs. All questions regarding the bid should be directed to Casey Howard, Deputy City Manager, at choward@winterspringsfl.org. 577 C I TY OF WINTER SPRINGS RFP | Communications and Branding Services RFP 10-21 CH P a g e | 2 II. Submitting your Proposal- Instructions to Respondents 1) Questions A. Respondents are required to submit questions relevant to submitting a proposal under this RFP, in writing, to Casey Howard at choward@winterspringsfl.org. All questions must be submitted prior to October 18, 2021. On October 19, 2021, an addendum to the RFP will be posted with answers to the questions that have been submitted. Respondents are highly encouraged to submit any questions they may have regarding the scope or any other details needing clarification. 2) Proposal Submission In order to maintain comparability and enhance the review process, proposals shall be organized in the manner specified below and include all information required herein. The proposal must name all persons or entities interested in the proposal as principals. The proposal must declare that it is made without collusion with any other person or entity submitting a proposal pursuant to this RFP. 3) Format of Proposal Submission A. All proposal forms and required documents must be enclosed in a sealed opaque envelope or box. The envelope or box must have a clear label on the front with the following information: i. Project Name ii. Respondent’s name and address iii. “Proposal Enclosed” notated clearly and conspicuously on the package. B. Submit one (1) original, two (2) copies, and one electronic copy of the Proposal. C. Proposals shall be delivered to: Winter Springs City Hall Attention: Casey Howard 1126 East SR 434 Winter Springs, FL 32708 prior to October 29, 2021 at 10:00AM. Proposals received after this time will be automatically rejected and returned unopened to the person or business submitting the Proposal. 4) Requirements of Proposal A. The proposal shall be submitted on 8 ½ “x 11” paper, with headings and sections numbered appropriately. Ensure that all information is written 578 C I TY OF WINTER SPRINGS RFP | Communications and Branding Services RFP 10-21 CH P a g e | 3 legibly or typed. The following should be submitted for a proposing firm to be considered: B. Cover Page - Show the name of Proposer’s agency/firm, address, telephone number, name of contact person, date, and the proposal number and description. C. Tab 1 - Table of Contents: Include a clear identification of the material by section and by page number. D. Tab 2 - Letter of Transmittal: Limit to one or two pages. i. Briefly state the Proposers understanding of the work to be done and make a positive commitment to perform the work. ii. Give the names of the persons who will be authorized to make representations for the Proposer, their titles, addresses and telephone numbers. iii. Provide an official signature of a Corporate Officer certifying the contents of the Proposer’s responses to the City’s Request for Proposal. E. Tab 3 - General Information i. Name of Business. ii. Mailing Address and Phone Number. iii. Names and contact information of persons to be contacted for information or services if different from name of person in charge. iv. Normal business hours. v. State if business is local, national, or international and indicate the business legal status (corporation, partnership, etc.). vi. Give the date business was organized and/or incorporated, and where. vii. Give the location of the office from which the work is to be done and the number of professional staff employees at that office. viii. Indicate whether the business is a parent or subsidiary in a group of firms/agencies. If it is, please state the name of the parent company. ix. State if the business is licensed, permitted and/or certified to do business in the State of Florida and attach copies of all such licenses issued to the business entity. F. Tab 4 – Project Approach: Describe in detail your proposal to fulfill the requirements of the scope of services listed in this RFP. G. Tab 5 – Experience and Qualifications i. Specify the number of years the Proposer has been in business. ii. Identify the Proposer’s relevant qualifications and experience related to performing the services identified in this RFP as listed in the scope. 579 C I TY OF WINTER SPRINGS RFP | Communications and Branding Services RFP 10-21 CH P a g e | 4 iii. Provide examples of prior work product including, but not limited to, marketing and branding materials, press releases, logos, social media work, etc. as described in the scope. iv. Identify the specific individual who would serve the City on a day-to-day basis as a primary point of contact and be responsible for the service of the Proposer. The individuals identified shall be available within 24 hours’ notice by telephone to accomplish the following: a. Attend meetings b. Respond to telephone calls c. Respond to specific inquiries d. Draft and release press releases v. Include resumes, not exceeding one page each, of all key personnel who will be assigned to the Program. H. Tab 6 – Schedule i. Include a timetable that identifies the amount of time required to complete each component of the Program. ii. Indicate the earliest available start date for your project team. iii. Indicate the project completion estimated date. I. Tab 7 – Pricing of Services: Fee basis should be an all-inclusive lump sum fee for the proposed program. i. Also include estimated amount of time to complete each component of the Program J. Tab 8 – References: List a minimum of three (3) references in Florida for which the proposer has provided marketing and public relations consulting services. Include the name of the organization, brief description of the project, name of contact person telephone number and email address. K. Tab 9 – Additional Forms: Proposers must compete and submit as part of its Proposal all of the following forms and/or documents i. Proposal Requirements ii. Mandatory Bid Forms a. Drug Free Workplace Form b. Non Collusion Affidavit c. Scrutinized Company Certification d. Certificate of Insurance FAILURE TO SUBMIT ALL OF THE ABOVE REQUIRED DOCUMENTATION MAY DISQUALIFY PROPOSER 5) Modification and Withdrawal of Proposal A. Proposals may not be modified after submittal. B. Respondents may withdraw Proposals at any time prior to October 29, 2021 at 10:00AM. Withdrawal requests shall be made in writing and must be received by the City prior to October 29, 2021 at 10:00AM. 580 C I TY OF WINTER SPRINGS RFP | Communications and Branding Services RFP 10-21 CH P a g e | 5 Properly withdrawn Proposals will be returned unopened to the person or business submitting the Proposal. III. Calendar of Events Request for Proposals Advertised October 12, 2021 Technical Questions Due to the City (written) October 18, 2021 @ 11:59 PM Responses to Questions Due from the City October 19, 2021 Proposals Due to the City October 29, 2021 @ 10:00 AM Commission Approval of Qualified Vendor November 8, 2021 Contract Negotiations November 8- November 19 Effective Date of Services Upon execution of contract IV. City Evaluation and Selection of Proposal 1) Basis of Award A. The City has the right to reject any or all Proposals and/or withdraw this RFP at any time and for any reason. B. Except in cases where the City exercises the right to reject all Proposals, the Contract will be awarded, to the most responsive Proposal, by the City, as soon as practicable after reviewing the Proposals and successfully completing contract negotiations under terms and conditions that the City determines is in the City’s best interest and accepted by the Respondent. C. The most responsive Proposal is one who has submitted the best overall Proposal regarding price, inclusivity, references, similar proven work experience, adequate personnel and resources, and familiarity of scope for the services listed in the proposal packages. D. To be responsive, a Proposal must be submitted on the forms provided as part of the Proposal Documents and shall include all items required by the Proposal Form. 2) Required Qualifications of Respondent A. To be judged responsive, the Respondent shall meet the following standards: i. Experience in all areas of expertise required by the scope of services, including, but not limited to: crisis management, brand/identity creation, message development and delivery, event communication, design, costing, placement, and prioritizing multi-phased communication campaigns. ii. The capability to perform all of the services, as outlined in the Scope of Work iii. Ability to maintain all records in accordance with local, State, and Federal Public Records Retention Requirements. 581 C I TY OF WINTER SPRINGS RFP | Communications and Branding Services RFP 10-21 CH P a g e | 6 V. Scope of Work 1) PURPOSE The City of Winter Springs seeks a professional, full-service Communications and/or Marketing firm that will provide a comprehensive and innovative plan that will: A. Increase awareness of the City’s mission and goals, B. Inform our community about the City’s plans and ongoing projects, C. Garner public and community support and understanding of the City’s initiatives and programs, D. Be at the forefront of any potential issue that may affect the City of Winter Springs 2) SCOPE Responses to this Request for Proposal (RFP) will provide the City with the information required to assess, evaluate, and select a consultant based on prior experience, qualification, methodology and approach, and work performed in similarly sized communities. It is important to note that this is a community branding initiative, but that the brand will be used primarily as an identity for the City of Winter Springs. A. Creating a unique, memorable identity for the City of Winter Springs B. Developing a comprehensive public relations plan to include outreach to get more followers and hits on social media as well as to expand the City’s email contact list. C. Reviewing and updating the City’s web and social media strategies D. Creating slogan/logo/tag line/etc. as appropriate. This must be flexible and adaptable in order to meet the needs of a variety of departments and municipal functions within the City, as well as groups and businesses within the City in their specific marketing initiatives, while maintaining consistency with their overall brand. It must also be flexible enough to grow and evolve along with any changes in the market. E. Advising City communications when the City faces a crisis situation F. Improve the public and private sector’s perception of the City. Identify and promote what makes the City of Winter Springs distinct and appealing in a regionally competitive environment for residents, businesses, retailers, and visitors. G. Advising on media/public relations strategies in multi-disciplinary efforts to address possible changes to the City’s physical and social fabric. H. Developing and maintaining a diverse media distribution list and media contacts on behalf of the City of Winter Springs I. Create/Design flyers for City events and functions 582 C I TY OF WINTER SPRINGS RFP | Communications and Branding Services RFP 10-21 CH P a g e | 7 3) PROJECT MANAGEMENT A. The consultant will create a project management plan, with included timelines and deliverable for the City of Winter Springs community marketing and branding initiative, to include, if advisable, the following: i. Lead for facilitating various focus groups comprised of community leadership and business owners to determine existing attitudes, perceptions, opportunities and challenges to enhancing the City’s image. This can be in person, or through polls and/or surveys. ii. Facilitator during the research process and/or testing of the new brand – Include descriptions of community engagement efforts that will take place during this process. The consultant will be expected to employ creative means of public involvement to ensure that community leaders and the business community are aware of and involved in the project, this step will include measurable statistics to show effectiveness. iii. Research – Research will be the basis for the development of a brand concept, creative elements, messaging/positioning and the overall brand initiative. The consultant will create and implement a brand research plan, which will include qualitative and quantitative research with key publics to identify the following: a. The key elements of the City of Winter Springs. b. Analysis of competitor marketing strategies. c. Measures that will be used to determine if the branding effort is successful. iv. Strategic Plan – The consultant will develop strategic objectives that will help better inform the City of Winter Springs on implementation, management and ongoing promotion of the brand to include, but not be limited to the following: a. Promotion of the use of the brand among City of Winter Springs departments. b. Maintenance and consistency of brand image and messaging while providing suitable flexibility for the target audiences of the participating agencies. c. Recommendations of ways to articulate the brand; define markets and promotional avenues; and advise on strategies to better promote and create brand awareness. v. Creative/Development of Brand – The consultant will develop creative elements that include design concepts, logos, messages, brand statement, tagline, and other products to 583 C I TY OF WINTER SPRINGS RFP | Communications and Branding Services RFP 10-21 CH P a g e | 8 support the overall brand initiative. A minimum of three distinct creative options must be presented, based on the results of the research. The selected logo design will be delivered, with the final option delivered with a style manual and guidelines for use and the capability of use in the following a. Print and electronic advertising b. Website design c. Media placement d. Public relations e. Events f. Templates vi. Implementation Plan – The consultant will develop an action plan for implementation of the brand in sufficient detail to allow city staff to understand the approach and work plan. An Action Plan should include, but not be limited to the following: a. Estimated costs/budget associated with the implementation process. b. Proposed timelines for development of creative elements. c. Recommended positioning logo and brand guidelines. d. Implementation plans for brand identity applications and brand identity maintenance plan. 4) QUALIFICATIONS Qualified firms must demonstrate competence and experience in all areas of expertise required by the scope of services, including, but not limited to: crisis management, brand/identity creation, message development and delivery, event communication, design, costing, placement, and prioritizing multi-phased communication campaigns. Qualified firms must also demonstrate competence in graphic and oral communication to large diverse groups and expertise in facilitating consensus from multiple public and private interests. Of particular importance is the ability to develop a branding/PR Campaign to increase community awareness of City initiatives such as Perk-Up Parks, Ready Winter Springs, Water Works, and Winter Springs United. Adequate information and documentation must be provided in the Proposal to support or confirm satisfaction of the required qualifications below: A. The Proposer shall have extensive experience, expertise and reliability in providing public relations and marketing service; established reputation in the public relations and marketing community particularly with governmental clients; Proposer must have a 584 C I TY OF WINTER SPRINGS RFP | Communications and Branding Services RFP 10-21 CH P a g e | 9 minimum of five (5) years of consecutive and successful experience in the aforementioned areas. B. Proposer’s track record in providing public relations and marketing services to governmental agencies as well as private firms (Please provide a list of current and relevant projects, including client names, titles, phone numbers and email address. Please ensure that contact information is current.) C. Project Manager shall have a minimum of five (5) year experience in public relations and marketing services. 5) TERM OF CONTRACT The term of the contract is anticipated to be one (1) fiscal years with two one (1) year renewable clauses, subject to negotiation of terms with the contractor and the concurrence of the City of Winter Springs City Commission and availability of annual appropriation. VI. MISCELLANEOUS. 1) E-VERIFY Pursuant to section 448.095, Florida Statutes, beginning January 1, 2021, any City contractors shall register with and use the U.S. Department of Homeland Security’s E-Verify system, https://e-verify.uscis.gov/emp, to verify the work authorization status of all employees hired on and after January 1, 2021. City Contractors must provide evidence of compliance with section 448.095, Florida Statutes. Evidence shall consist of an affidavit from the Contractor stating all employees hired on and after January 1, 2021 have had their work authorization status verified through the E-Verify system and a copy of their proof of registration in the E-Verify system. Failure to comply with this provision will be a material breach of the contract, and shall result in the immediate termination of a contract without penalty to the City. The City Contractor shall be liable for all costs incurred by the City securing a replacement contract, including but not limited to, any increased costs for the same services, any costs due to delay, and rebidding costs, if applicable. If the City Contractor utilizes Subcontractors the following shall apply: Contractor shall also require all subcontractors performing work under the Agreement to use the E-Verify system for any employees they may hire during the term of the Agreement. Contractor shall obtain from all such subcontractors an affidavit stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, as defined in section 448.095, Florida Statutes. 585 C I TY OF WINTER SPRINGS RFP | Communications and Branding Services RFP 10-21 CH P a g e | 10 Contractor shall provide a copy of all subcontractor affidavits to the City upon receipt and shall maintain a copy for the duration of the Agreement. 2) NOTICE OF AWARD. Upon the rankings and selection of the Respondent by the City Commission, The City shall engage in negotiations with the selected Respondent regarding the specific terms of the agreement. The selection by the City Commission shall not result in the formation of a contract. No contract shall be formed until final approval and execution of a written contract by the City Manager occurs, containing such terms as the City Commission and City Manager determine are in the best interest of the City. Negotiations may be terminated at any time by the City Manager if, in his or her sole discretion, the City Manager determines that the negotiation of terms acceptable to the City will not be successful. 3) PUBLIC RECORDS. Florida law provides that municipal records shall, at all times, be open for personal inspection by any person. Section 119.01, Florida Statutes et. seq. (the Public Records Law). Unless otherwise provided by the Public Records Law, information and materials received by the City in connection with a RFP response and under any awarded contract shall be deemed to be public records subject to public inspection and/or copying at the end of the statutory exemption time period pursuant to Section 119.071, Florida Statutes. However, certain exemptions to the Public Records Law are statutorily provided for under sections 119.07 and 119.071, Florida Statutes, and other applicable laws. If the Respondent believes any of the information contained in its response is exempt from the Public Records Law, the Respondent must, in its response, specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption; otherwise, the City will treat all materials received as public records. In addition, the Respondent shall make available to the City, or any of its duly authorized representatives, any books, documents, papers, and records of the Respondent which are directly pertinent to any contract awarded under this RFP for the purpose of making audit, examination, excerpts, and transcriptions. All records shall be retained for a minimum of three (3) years after the City makes final payment under the contract awarded under this RFP and all other pending matters are closed by the City. All materials submitted in response to this RFP shall become property of the City. The City has the right to use any or all information/material submitted. Disqualification of a Respondent does not eliminate this right. 4) FLORIDA STATUTES, SECTION 287.133(3)(A) - PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction 586 C I TY OF WINTER SPRINGS RFP | Communications and Branding Services RFP 10-21 CH P a g e | 11 or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 5). CONE OF SILENCE/LOBBYING Lobbying is defined as any action taken by an individual, firm, association, joint venture, partnership, syndicate, corporation, and/or all other groups who seek to influence the governmental decision of a City Commission Member, the City Manager, any requesting or evaluating Department/Division/Office personnel and/or any member of the Evaluation Committee concerning an active solicitation during the black-out period. A lobbying black-out period commences upon the issuance of this solicitation document. If an award item is presented to City Commission for approval or for a request to provide authorization to negotiate a Contract(s) and the City Commission refers the item back to the City Manager, Procurement Division and/or requesting Department/Division/Office for further review or otherwise does not act on the item, the Cone of Silence/Lobbying Black-out Period will be reinstated until such time as the City Commission meets to consider the item for action. Bid/proposers, respondents, potential vendors, service providers, lobbyists, consultants, or vendor representatives shall not contact any City Commission member, the City Manager, any requesting or evaluating Division/Department/Office personnel, and/or any member of the Evaluation Committee concerning an active solicitation during the Cone of Silence/Lobbying Black-out Period. 6). PROHIBITION ON GIFTS TO CITY EMPLOYEES AND OFFICIALS No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any City employee, as set forth in Chapter 112, Part III, Florida Statutes, the current City Ethics Ordinance, and City Administrative Policy. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with City staff for a specified period of time; 587 C I TY OF WINTER SPRINGS RFP | Communications and Branding Services RFP 10-21 CH P a g e | 12 b. Prohibition by the individual and/or firm from doing business with the City for a specified period of time, including but not limited to: submitting bid/proposals, RFP, and/or quotes; and, c. Immediate termination of any contract held by the individual and/or firm for cause. 7) DISCRIMINATION An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. END OF SECTION 588 C I TY OF WINTER SPRINGS RFP | Communications and Branding Services RFP 10-21 CH P a g e | 13 DRUG FREE WORKPLACE FORM The undersigned proposer, in accordance with Florida Statute 287.087 hereby certifies that ________________________________________________ does: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under contract a copy of the Drug-Free statement. 4. Notify the employees that as a condition of working on the commodities or contractual services that are under contract, employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this business complies fully with the above requirements. _______________________________________________ ________________________________ (Authorized signature) (Date) _______________________________________________ (Print/type name as signed above) **THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR SUBMITTAL. 589 C I TY OF WINTER SPRINGS RFP | Communications and Branding Services RFP 10-21 CH P a g e | 14 NON-COLLUSION AFFIDAVIT OF PRIME RESPONDENT STATE OF __________________________) COUNTY OF ________________________) ____________________________________, being duly sworn, deposes and says that: (1) He/she is ______________________________ of _____________________________________, Title Firm/Company the respondent that has submitted the attached response. (2) He/she is fully informed respecting the preparation and contents of the attached solicitation and of all pertinent circumstances respecting such solicitation. (3) Such solicitation is genuine and is not a collusive or sham solicitation. (4) Neither the said respondent nor any of its officers, partners, owners, agent representatives, employees or parties in interest including this affiant, has in any way, colluded, conspired, or agreed, directly or indirectly, with any other respondent, firm or person, to submit a collusive or sham response in connection with the Agreement for which the attached response has been submitted or to refrain from proposing in connection with such Agreement, or has in any manner, directly or indirectly, sought by Agreement or collusion or communication or conference with any other responder, firm or person to fix the price or prices in the attached solicitation or of any other respondent, or to fix any overhead, profit or cost element of the proposed price or the proposed price of any other responder, or to secure through any collusion, conspiracy, connivance or unlawful Agreement any advantage against the City of Winter Springs, Florida, or any person interested in the proposed Agreement. (5) The price or prices quoted in the attached response are fair and proper and are not tainted by any collusion, conspiracy, or unlawful Agreement on the part of the proposer or any of its agents, representatives, owners, employees, or parties of interest, including affiant. _____________________________ (Signed) _____________________________ STATE OF FLORIDA (Title) COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this _________________by _____________________________, who is personally known to me or who has produced _______________________________ as identification and who did (did not) take an oath. ___________________________________ (Signature of Notary Public) ___________________________________ (Name of Notary Typed, Printed or Stamped) Notary Public ___________________________________ (Commission Number) **THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR SUBMITTAL. 590 C I TY OF WINTER SPRINGS RFP | Communications and Branding Services RFP 10-21 CH P a g e | 15 SCRUTINIZED COMPANY CERTIFICATION Florida Statutes, Sections 287.135 and 215.473 Pursuant to Section 287.135, Florida Statutes (2017), a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services of: (a) Any amount if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725, or is engaged in a boycott of Israel; or (b) One million dollars or more if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company: 1. Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473; or 2. Is engaged in business operations in Cuba or Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. The Contractor must submit this required certification form attesting that it is not a scrutinized company and is not engaging in prohibited business operations. The following shall be grounds for termination of the contract at the option of the awarding body: The company is found to have submitted a false certification; been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel; or been engaged in business operations in Cuba or Syria. The City shall provide notice, in writing, to the Contractor of any determination concerning a false certification. The Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City’s determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes. THIS CERTIFICATION FORM MUST BE COMPLETED AND INCLUDED IN YOUR BID RESPONSE. FAILURE TO SUBMIT THIS FORM AS INSTRUCTED SHALL RENDER YOUR BID SUBMITTAL NON-RESPONSIVE. a. The Vendor, owners, or principals are aware of the requirements of Section 287.135, Florida Statutes; and 591 C I TY OF WINTER SPRINGS RFP | Communications and Branding Services RFP 10-21 CH P a g e | 16 b. The Vendor, owners, or principals are eligible to participate in this solicitation and not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel; and c. For contracts of one million dollars or more, the Vendor, owners, or principals are eligible to participate in this solicitation and not listed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and, further, are not engaged in business operations in Cuba or Syria; and d. If awarded the Contract, the Vendor, owners, or principals will immediately notify the City in writing if any of its company, owners, or principals: are placed on the Scrutinized Companies that Boycott Israel List, the Scrutinized Companies with Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; engage in a boycott of Israel; or engage in business operations in Cuba or Syria. __________________________________ (Authorized Signature) __________________________________ (Printed Name and Title) __________________________________ (Name of Vendor) STATE OF _________________ COUNTY OF _______________ The foregoing instrument was acknowledged before me by means of (___) physical presence or (___) online notarization, this _______ day of _____________, 2021, by ____________________________the_________________of________________________________________ ___________, a ______________________ (__) who is personally known to me or (__) who produced _____________________________________________ as identification. ___________________________________ Notary Public Print Name:_________________________ My Commission expires: _______________ **THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR SUBMITTAL. 592 C I TY OF WINTER SPRINGS RFP | Communications and Branding Services RFP 10-21 CH P a g e | 17 SECTION 00900 – INSURANCE REQUIREMENTS FORM Insurance Type Required Limits Worker’s Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits Employer’s Liability $1,000,000 each accident, single limit per occurrence Commercial General Liability (Occurrence Form) patterned after the current ISO form $1,000,000 single limit per occurrence $3,000,000 aggregate for Bodily Injury Liability & Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products & Completed Operations & Contractual Liability. Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall indemnify and hold harmless City of Winter Springs, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’ fees and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of the Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of the City of Winter Springs. Automobile Liability $1,000,000 each person; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included. Other Vendor shall ensure that all subcontractors comply with the same insurance requirements that he/she is required to meet. The same Vendor shall provide the City with certificates of insurance meeting the required insurance provisions. The City of Winter Springs must be named as “ADDITIONAL INSURED” on the Insurance Certificate for Commercial General Liability where required. The Certificate Holder shall be named as City of Winter Springs. 593 C I TY OF WINTER SPRINGS RFP | Communications and Branding Services RFP 10-21 CH P a g e | 18 Thirty (30) days cancellation notice required. The undersigned firm agrees to obtain, prior to award, if selected, insurance as stated above. PROPOSER/BIDDER AUTHORIZED SIGNATURE OFFICER TITLE DATE **THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR SUBMITTAL. 594 City of Winter Springs Communications and Branding Services RFP #10-21 CH Addendum No. 1 – October 19, 2021 Request for Proposal changes are provided below. New text is designated as underlined and bold. Deleted text is struck through. ___________________________________________________________________________________________ SECTION 00900 – INSURANCE REQUIREMENTS FORM Commercial General Liability (Occurrence Form) patterned after the current ISO form $1,000,000 single limit per occurrence $3,000,000 $2,000,000 aggregate for Bodily Injury Liability & Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products & Completed Operations & Contractual Liability. QUESTIONS Q1: Are Respondents required to meet in person? A1: There will be multiple in person meetings required. The respondent will need to spend a substantial amount of time in the City to be able to learn about the benefits and projects in the City. This may also include several in person meetings to meet with staff, board members, and residents. Q2. Can companies from Outside USA apply for this? A2: Please see response to Question Q1 Q3. Can we perform the tasks (related to RFP) outside USA? A3: Please see response to Question Q1 Q4. Will you be precluding agencies not n your direct area? A4: Please see response to Question Q1 Q5: Can we submit the proposals via email? A5: All proposal forms and required documents must be enclosed in a sealed opaque envelope or box. 1. Submit one (1) original, two (2) copies, and one electronic copy of the Proposal. 2. Proposals shall be delivered to: Winter Springs City Hall Attention: Casey Howard 1126 East SR 434 Winter Springs, FL 32708 595 City of Winter Springs Communications and Branding Services RFP #10-21 CH Addendum No. 2 – October 29, 2021 At 10 am on 10/29/2021 the City opened three sealed responses for RFP 10-21 CH Communications and Branding Services. Received responses below:  Guide $47,940 - $57,440  Consensus Communications $196,523  BFT International $75,945 Due to the amount of information received in the response, we will need to change the original calendar listed in Section 3 of the RFP. Below is the updated timeframe. Request for Proposals Advertised October 12, 2021 Technical Questions Due to the City (written) October 18, 2021 @ 11:59 PM Responses to Questions Due from the City October 19, 2021 Proposals Due to the City October 29, 2021 @ 10:00 AM Commission Approval of Qualified Vendor December 13, 2021 Contract Negotiations December 13- January 13, 2022 Effective Date of Services Upon execution of contract 596 1 14 City of Winter Springs Communications and Branding Services Proposal Consensus Communications, LLC. 201 S. Orange Ave., Suite 950 Orlando, FL, 32801 Office: (407) 608-5900 Contact: Ryan Houck 597 2 14 Table of Contents Letter of Transmittal…………………………………………………………..…………3 General Information………..…….…………………………………………………...…4 Project Approach …………………….…..………………………………………….….6 Experience and Qualifications …………………………………………….……….….8 Timeline …………………………….………………………………..…….…………....9 Pricing of Services ………………………………………………..…………………….10 References ……………………………..……………………………………………….12 Additional Forms ..……………………………………………………………(attached) 598 Thank you for the opportunity to submit a proposal for the City of Winter Springs’ Communications and Branding Services. We believe that government closest to the people serves the people best. As a Central Florida-based firm, we are enthusiastic about supporting Winter Springs’ efforts to promote access and awareness to city services. If any questions arise, please do not hesitate to contact us. Ryan Houck Partner, Consensus Communications 201 S. Orange Ave., Suite 950 Orlando, FL 32801 3 14 Letter of Transmittal Ryan Houck, Partner.Ryan will serve as senior partner and primary point-of- contact. His involvement will include participation in strategy calls, reviewing qualitative and quantitative research, concept development, brand development and strategic communications | Ryan@onmessage.com | 201 S. Orange Ave., Suite 950, Orlando, FL 32801 | (407) 496-4035 Trent Phillips, Communications Strategist. Trent will serve as project manager, provide copywriting services and interface with city staff to coordinate program activities | Trent@onmessage.com | 201 S. Orange Ave., Suite 950, Orlando, FL 32801 | (407) 496-4035 JJ Whitson, Digital Director. JJ will develop and implement digital advertising across social media and other platforms and create compelling design content to support the project | JJ@onmessage.com | 201 S. Orange Ave., Suite 950, Orlando, FL 32801 | (407) 496-4035 Dan Cunningham, Production Director. Dan will manage the video production process, web design process and assist with graphic design | Dan@onmessage.com | 201. S. Orange Ave., Suite 950, Orlando, FL 32801 | (407) 608-0817 599 4 14 General Information about Proposer Name of Business Consensus Media, LLC Mailing Address and Phone Number 201 S. Orange Ave., Suite 950 Orlando, FL 32801 Phone: (407) 608-5900 Contact Ryan Houck –ryan@onmessage.com Trent Phillips -trent@onmessage.com Hours 8:00 –18:00 Business Location & Classification Orlando, FL Limited Liability Corporation Date of incorporation: 8/26/2016 600 5 14 General Information Continued Location of Office 201 S. Orange Ave., Suite 950 Orlando, FL 32801 Is The Business a Parent or Subsidiary N/A Is The Business Licensed in Florida? Yes Business License Attached. 601 6 14 Project Approach & Scope We propose a comprehensive City Services Educational Program designed to increase awareness of Winter Springs’ city services and unique quality of life. Consensus will develop and deploy communications within the city to selected audiences that align with the program’s intended goal of business attraction and retention, engage residents and promote the city as a desirable place to live, work and run a business. Your program will consist of, but is not limited to, highly- calibrated advertising served across social and digital media, creation of a “microsite” to house key content, a direct mail program and an animated video that explains key aspects of city services in “kitchen table” language. Your microsite will serve as a “content-hub” to house information about select city services. The microsite may feature credible third-parties, FAQs, educational material, information about city improvement plans, and environmental information. With the program’s goals in mind, our team will also review the city’s official website and offer supplemental content as necessary. A highly-calibrated digital and social media program will develop key audiences using traditional “self-selection” methods (via search), custom-built lists and algorithmic audience creation. Advertising will direct traffic to relevant subsections of the microsite so the right audiences can access the right information. Platforms include: •Facebook Advertising •IP-Specific Advertising •Google Keyword Search Ads 602 7 14 Continued: Direct mail will deliver pertinent educational information about keystone city issues and services directly to mailboxes. We propose two (2) mail pieces over 12-months. Explainer videos use kitchen-table language, colorful animations and real-life video to explain complex issues. Brand development and creative elements including logos, slogans, taglines and other products to support the overall City Services Educational Program. Create and design flyers, fact sheets and other print collateral for city functions and events. General Consulting to facilitate the development and management of the City Services Educational Program, support production efforts, communications strategy, public relations and on-call availability to help navigate major issues related to this program, as needed. 603 8 14 Experience and Qualifications Number of Years in Business Consensus Media LLC., 5 Years Relevant Qualifications and Experience Ryan’s Experience: https://onmessage.com/about/our-team/ryan-houck/ Trent’s Experience: https://onmessage.com/about/our-team/trent-phillips/ Dan’s Experience: https://onmessage.com/about/our-team/dan-cunningham/ JJ’s Experience: https://www.linkedin.com/in/jwhitson/ 604 9 14 Experience and Qualifications Examples of Work Product Microsites: www.mdlpa.org; www.cemexlakecounty.com Explainer Videos: ”Green Light” –City of Casselberry; “Preemption” –Keep it Local, Florida Digital Media Ads: Pompano Beach Road Diet: Facebook Ad #1; Facebook Ad #2 Palm Card & Fact Sheet: Local Voices United; Phosphate Innovation Branding Materials: The Packing District Primary Point of Contact Trent Phillips. (407) 608-5900. Trent@onmessage.com Resume Information Please refer to bios on Page 3 & 8! 605 10 14 Project Timeline We estimate that the first stages—Phase 1 of the City Services Educational Program—can be comfortably completed within 60 business days of the start of this project. Milestones and review periods are noted below. If a shorter timeline is necessary, we can work with you to accelerate it. Our team is available to begin upon award of contract. •Month 1:Kick-off call, message development, begin designs and concepts, create microsite and related materials, draft scripting ideas for explainer video, begin digital advertising content creation. •Month 2:Scripts and concepts are finalized, explainer video is produced, client to review videos and provide feedback and revisions, microsite development complete. •Month 3:Program goes live. Digital ads begin appearing on social media and search engine feeds, content development continues as we work to refine our message about city services. •Months 4 –12: Managing the City Services Education Program, consulting with the city to make adjustments, monitoring metrics, reporting on progress, feeding content to the microsite and social media platforms, responding to any situations that may arise, develop press releases and other content as the need arises. 606 11 14 Pricing of Services Digital and Social Media Program Facebook, IP-Specific Ads, Search Ads $67,716/year Microsite Development $6,000 one time Mail Program $18,807.10 (two mailers) Explainer Video (60 seconds) $6,500 one time Brand Development $7,500/year Graphic Design $1,500/mo (Continued on next page) 607 12 14 Pricing of Services Creative Content Development $2,500/mo General Communications Counsel & Support $3,500/mo Total (Year One) $196,523 Estimated Amount of Time to Complete Each Component The timing for completion of each component of the program will be commensurate with the project timeline provided on Page 9 of this proposal. 608 13 14 References References Jenna Tala Florida League of Cities Chief Strategy and Communications Officer Project: Local Voices United –Supporting Local Grassroots Initiatives jtala@flcities.com -(850) 701-3674 Cragin Mosteller Florida Association of Counties Director of External Affairs Project: Keep it Local, Florida –An online publication specializing in political and policy news affecting local communities. cmosteller@fl-counties.com –(850) 922-4300 (Continued on Next Page) 609 14 14 References References Callie Neslund The Mosaic Company Director of Public & Government Affairs Project: Phosphate Innovation Initiative –Building a communications and branding program that highlights the environmental opportunities presented by recycling industrial byproducts. Callie.Neslund@mosaicco.com –(813) 500-6826 610 © BFT International, 2021 CITY OF WINTER SPRINGS COMMUNICATIONS AND BRANDING SERVICES RESPONSE TO RFP NUMBER: 10–21 CH October 29, 2021 BFT International is a full service US and international branding, marketing and communication agency with specialist knowledge of initially branding and subsequently promoting major and lesser-known regions for tourism and commercial economic development. Agency contact: Mr Adrian Fox, Managing Director BFT International LLC, 8205 Nature’s Way, Suite 219, San Marco Plaza, Lakewood Ranch, Florida 34202, USA. Telephone: 941 702 9999 Company email: famous@bft-int.com bftinternational.com BFT International offices and affiliates: Lakewood Ranch, FL; Portland, ME; New York, NY; Los Angeles, CA: Washington, DC; Dallas, TX; Philadelphia, PA; Lambertville, NJ; Carmel Valley, CA; San Francisco, CA; Seattle, WA; Denver, CO; Topeka, KS; London, UK; Leeds, UK: Toronto, ON; Montreal, QC; Ottawa, ON; Saint John, NB; Montpellier, FR; Brussels, BE ORIGINAL 611 CONTENTS TAB ONE—TABLE OF CONTENTS 612 BFT International’s outstanding pedigree—the world’s largest and most prestigious advertising agencies CONTENTS BFT International US headquarters in Sarasota, Florida BFT International LLC is an Equal Employment Opportunities entity. All employment decisions are made without discrimination based on an individual’s race or color, religion, age, sex (including pregnancy), sexual orientation, gender identity or expression, ancestry or national origin, physical or mental disability, veteran status, genetic information, previous assertion of a claim or right under Florida’s Workers’ Compensation rulings, previous actions taken protected under a US state’s Whistleblowers’ Protection Act, or any other protected group status as defined by applicable law. Provisions in applicable laws providing for bona fide occupational qualifications, business necessity, or age limitations will be adhered to by BFT International LLC and its vendors as appropriate. Employment opportunities at BFT International LLC comply with all relevant Concessions Disadvantaged Business Enterprise requirements. CONTENTS TAB ONE TAB Table of contents: One Letter of transmittal: Two General information: Three Projet Approach: Four Experience and Qualifications: Five Schedule: Six Pricing of Services: Seven References: Eight Additional Forms: Nine 613 CONTENTS TAB TWO—LETTER OF TRANSMITTAL 614 CONTENTS TAB TWO—LETTER OF TRANSMITTAL 615 CONTENTS TAB TWO—LETTER OF TRANSMITTAL 616 CONTENTS TAB THREE—GENERAL INFORMATION 617 i. Name of business: Boston Fox Tigue International LLC (BFT International) ii. Mailing address: 8205 Nature’s Way, Suite 219, San Marco Plaza, Lakewood Ranch, Florida 34202 Communication: Telephone: 941 702 9999 email: Company: famous@bft-int.com Adrian Fox: fox@bft-int.com iii. Prime contact: Mr Adrian Fox, Managing Director iv. Business hours: EST: 8.00 am to 9.00 pm, Monday to Friday. Available at all times 24/7/365 v. Business status: Registered in Florida as an LLC S-Corp, conducting business nationally in the USA and internationally as required, vi. Business registration: Initially. In the United Kingdom in 1992, organized under the laws of Florida on October 17, 2014 (current filing on the next page). vii. Location of work: 8205 Nature’s Way, Suite 219, San Marco Plaza, Lakewood Ranch, Florida 34202 BFT staff: All aspects of BFT staffing is designed to provide short lines of communication. viii. BFT International: The agency is totally independent…not a parent, subsidiary or within a group. ix. Business in Florida: The agency is a registered State of Florida company…see v. and vi (above). EXECUTIVE SUMMARYGENERAL INFORMATION “There are no strangers…just friends you haven’t met.” (Roald Dahl) The BFT team has been involved in every aspect of branding for economic development, tourism and destination marketing for 35 years….and we have tackled just about every tourism issue in every size of region. RED: Winter Springs Brand Group Brown: BFT affiliate 618 CONTENTS TAB FOUR—PROJECT APPROACH 619 BFT particularly specializes in locations that may not be in their target audiences’ top-of-mind awareness when planning a vacation or a domestic or business move—we’ve even created some regions that didn’t exist in their state’s official areas. This document will demonstrate how BFT has worked very successfully with regions and cities and “made them famous”. BFT’s services With very few exceptions, all BFT’s services are in-house, a saving for all our clients. The exceptions being video broadcast production, where we have a long-standing affiliation with one of the US’s foremost teams (who are highly creative and very economic), market research (which has to be independent); digital marketing (we work closely with one of the US’s top teams); and printing (which we oversee with precision). For all clients we provide: research and strategic analysis; brand positioning; budget planning; website design and production; advertising art direction and production; collateral art direction and production (including Powerpoint and stationery); videography for short- and long-form formats; signage for all requirements; media buying across both traditional and digital formats; digital marketing (working alongside the US’s foremost team); public relations for media use and for special events (including print and digital newsletters); and social media consultation. Brand message and execution Much of BFT’s work is the creation and implementation of brand identities—logos and tag lines and their relevant manuals—being most mindful of the way that they must work in a wide range of instances—particularly when used by third parties in their own marketing. It is often the case that the brand identity of a region cannot be overseen when being used by third parties, so it must be both impactful and straightforward for all purposes. In our world the brand is king and every element of its promotion must relate back to its core values. We are also used to working with sub-brands and their specific needs. Marketing budget availability A key point we wish to make is that we work in exactly the same way regardless of the available budget. The most effective way of approaching all budgets (especially limited amounts) is to initially disregard the available sum, but to consider the correct and most effective marketing approach—and then to scale back to ensure there is no overspend. That way the region can consistently grow, utilizing its available marketing budget. 10 EXECUTIVE SUMMARYPROJECT APPROACH Florida is the most heavily promoted US state both to Floridians and those out of state/ country. Winter Springs has much to offer and while presenting all its facets, it should focus specifically on what makes it special—its point of difference. That “specialness” should emanate not just from the region’s promotional content, but also from every way it presents itself to its target market. Consistency must be achieved as that is the prime method of effectively extending a limited marketing budget. 620 11 EXECUTIVE SUMMARYPROJECT APPROACH—WORKING WITH BFT A prime case history included within tab five is BFT’s creation of The Maine Highlands. We see this as a direct example. In brief, the Maine counties of Penobscot and Piscataquis (a region larger than the state of Massachusetts) combined their names as Penquis and marketed that way. The problem was that the word “Penquis” could not be found on any map. BFT was appointed to create, in effect, a new region that would be accepted by Maine Tourism and promoted in concert by the sub-regions of the overall area. We created The Maine Highlands—so named and accepted as a region that was not exactly mountainous and not exactly flat…it is a true highland area. The region had never been collectively promoted and had a small marketing budget. We feel that Winter Springs has distinct facets of what was the ‘Penquis’ region. The Maine Highlands is now an established and successful tourism destination. Because of our vast experience in working with destinations and tourism in general, we will ‘hit the ground running’ from day one—not requiring a delay or an expensive learning curve. We are obsessive about marketing consistency. It can be problematic to ensure all stakeholders comply with branded marketing requirements. This can be overcome (via brand books, manuals and ongoing presentations). That said, the Winter Springs’ brand identity must be flexible so it can work in every instance—also as a needed for sub-brands (such as for sports groups that use their own logo). On the subject of flexibility, we have to be accommodating in order to encompass the needs of stakeholders and all elements of the City. BFT does not work in isolation and then present creative recommendations in a ‘take-it-or-leave-it’ way. We will work closely in partnership with the City’s marketing and administration teams. Our budgeting and estimation process is precise—the final invoices always match the approved budgets, so our clients can plan ahead with confidence. The beginning of this road for Winter Springs will be weighted to the establishment of new creative work and planning for the future. We recommend working to a year plan (the budget goes further that way), although we understand that how sudden needs arise and will react with speed. BFT has short lines of communication and the key agency member is always available…for Winter Springs it will be BFT’s Managing Director, Adrian Fox. The agency is officially open between 8:00 am and 9:00 pm, Monday to Friday…urges telephone access is provided for 24/7/365 needs. BFT also specializes in aviation marketing— the only full service agency in the US to do so. All the standard methods of communication are employed—telephone, text, email, conference calls— and we view in-person meetings as very beneficial. It is always our objective to charge very fairly—usually around one quarter to one third more economically than our competition (when comparing apples to apples), all savings being passed to our clients. Our team starts from day one Winter Springs is, in effect, a business— and so does not have the luxury of a time-consuming and expensive delay waiting for their marketing agency to ‘get up to speed’ with the subtleties of their specific region. BFT International’s long experience of destination marketing provides unique insight for our economic development and tourism clients. •We know counties work on behalf of their constituents. •We appreciate the needs that their constituents expect delivered. •We are conversant with visitors perceptions and how these relate to choice of destination. •We have observed the marketing responses implemented by similar regions to Winter Springs. •We have worked through the constraints forced upon regions by states and countries. •We are able to advise on the most effective use of marketing funds— knowing that not all areas of need can be addressed. •We are familiar with the way US tourism has reacted to current national conditions and reflect that in our recommendations. •In short, we will embrace your marketplace. 621 12 EXECUTIVE SUMMARYPROJECT APPROACH—UNDERSTANDING TOURISM AND DESTINATION MARKETING Although there have been very significant changes in US and worldwide tourism over recent years, one aspect remains paramount—those who can freely visit different areas, regions or countries are very privileged (COVID notwithstanding). America alone has become a very easy country to explore and, as can be seen by many tourism areas in the US invariably promoting their own region as encompassing everything anyone might desire. That can be accomplished in a secondary manner, but to extol everything does not create a distinct brand identity. Unique brand distinction for tourism is the same as any brand’s point of difference. The world is now effectively so small it is all on the viewers desktop. The Internet is the first stop for most people planning a trip. As with all brands, a tourism destination must win over potential visitors’ hearts…and their hard- earned money. This points to the importance of precise strategic planning…starting at the Account Planning stage (explained in this document). Knowing what a visitor or a potential permanent resident wants is only half the planning process…knowing what makes them tick and their key motivations completes the picture. Then the City can present the correct image. All forms of digital marketing—including SEO, PPC, Retargeting, LinkedIn/Facebook marketing, eblasts—is now the cost of being in the tourism industry, potential visitors still value traditional print (and until competitive regions cease producing collateral, the process continues). The difference tourism has to take on board is that one does not know what the ‘product’ is really like until it has been purchased. Potential visitors want their questions answered as quickly as possible in whatever form best suits them. Like all the best brand marketing, promoters of tourism must create the ‘want’…the desire to visit the destination. Available budget defines the ‘clout’ a destination can have in its marketplace, but BFT has found that it is definitely possible to create a meaningful presence even with a modest budget (designed to grow as the location grows). It might not be 100% possible to “make a dent in the universe” (as Steve Jobs put it), but it is possible to make inroads into prime competitors marketing. The tourism experience starts immediately upon arrival…an important point often overlooked. Therefore, the agreed promotional brand message must be consistent across the location wherever visitors are. So much can be quickly undone by one person. Therefore, there is no alternative than to consistently update all elements of the region. (Just as in the theater, a less than perfect member of the chorus can be more memorable than the star belting out the hit song.) BFT’s approach is to encompass the big picture and the minute detail. We take pains to understand the competition…to, really understand the competition. In the case of Winter Springs, together with the City, the prime competition will obviously be regions of Florida. but, One advantage for in this instance is offering the relaxed nature of Winter and the energy of Orlando. For Winter Springs there is no real ‘off season”…BFT will be alongside you, come rain or shine. “There are no strangers…just friends you haven’t met.” (Roald Dahl) The BFT team has been involved in every aspect of the tourism and destination marketing industry for 35 years…we have tackled just about every tourism issue in every size of region. 622 1. Differentiation in the marketplace.10. Stability and the brand’s market history. 2. Relevance the brand has to the target audience.11. Loyalty and repeat purchase/usership patterns. 3. Communication and message consistency.12. Trend and sales growth (versus the marketplace). 4. Recall and the establishment of Brain Engraving.13. Competition and its brand stance. 5. Esteem to which the brand is held.14. Behavior and market share (if measurable). 6. Trust and believability of current marketing.15. Support within overall budget and regularity. 7. Quality and belief in the product or service.16. Employees’ views and perceptions. 8. Knowledge and understanding of the brand’s values 17. Protection if relevant eg: trademark. 9. Leadership in the marketplace/against competition 13 EXECUTIVE SUMMARYPROJECT APPROACH—BFT’S STRATEGIC ACCOUNT PLANNING Marketing Detectives We’ve all seen the TV cop shows. There has been a series of crimes and the trail has gone cold—they can’t find the culprits. A new team of cops are brought in to solve the mystery. The next thing you see is a room with a row of white boards and pin boards covered with all the documentation of the relevant cases. That’s how we approach our clients’ businesses— revisiting all the historical detail, interrogating the brand, absorbing the nuances of the market sector, and understanding the mind and perceptions of the target audience. Then knowing exactly how to approach the target audience is very clear. And when marketers demonstrate that they really appreciate the way their potential ‘customers’ think and feel, the likelihood of there being a meeting of minds, between marketer and target member is strengthened. At BFT we are Marketing Detectives. Our in-depth experience, across a vast range of product and service categories, means that we get up to speed remarkably quickly. Our clients find that the observations and conclusions we deduce from our research are accurate, pertinent and insightful—enabling a communication plan to be speedily and successfully implemented. Further information on BFT’s Brand Audit may be found at: http://www.bft-int.com/brand-audit/ We have a simple guiding principle at BFT International...“the brand is king”. We take the stance that just about everything in everyday modern life is brand-based: from the time one wakes up to the car in which one travels to work; from one’s clothes to the restaurant one eats at; from the vacation destination of choice to the decision of where to live...and so on. Indeed, we are brands ourselves…our brand personalities. It is the brand personality of Winer Springs that will make it stand apart and develop its brand equity. BFT’s job is to communicate Winter Spring’s personality and build its brand equity…to make it famous’. To highlight our reasoning we introduce our colleague Mr. Jumpsuit—whose role is to demonstrate BFT’s maxim which all our clients understand: It is impossible to tailor your suit before taking all the measurements. Many agencies are very keen to lay out all their proposals at the RFP stage…even submitting speculative creative. BFT does not, for the very sound reason that the need to quickly understand the subtleties of your business far outweighs the temptation to present premature recommendations. That said, we trust that the content of this document will enthuse you regarding our approach and the way we will use it to your advantage. Usually (not always) before making firm marketing and resultant promotional recommendations, we implement a Brand Audit. Winter Springs may or may not have undertaken elements of research, so that aspect we will discuss with you. It will be seen below that the specific areas we analyze add real value to strategic planning. This economic format goes further than the usual SWOT analysis in that it covers both objective and subjective elements. It is the planning tool we write the overall strategic plan and creative brief that will be used across all Winter Spring’s brand marketing… resulting in a straightforward one page sheet, the Who? What? What? (fully explained in this section). We tailor the needs of the client to the Brand Audit and execute the work highly economically. The audit’s 17 distinct brand dimensions are not all relevant in every circumstance...the following being the full set: Usually, there are no major fundamental issues that arise from our Brand Audit (but there can be). Often the results point to elements that are known, but not seen as serious and actionable. It’s a case of ‘you don’t know what you don’t know’. 623 HOW THE BRAND AUDIT WORKS—RESEARCHING STAFF, LOCAL INDIVIDUALS AND CURRENT MARKETING The BFT Brand Audit should be thought of rather like a series of in-depth discussions. The difference, though, is that while the audit follows a strict predetermined format (different in the case of different clients), its implementation is somewhat free-flowing in that if the discussion leads in a particular direction it can be followed. We work with our clients to establish the precise group of individuals to be researched, avoiding bias—indeed, often searching for comment that will be strong (pro or con). Typical inclusions are all the key members of the organization’s management, its department heads, retail stakeholders, some local councilors, local media, police, and other individuals with valuable opinions. The face-to-face audit usually takes around four/five full days, ideally covering up to 50 interviews. As it usually takes around one week to arrange it, one week to implement it and two weeks to analyze the results, the entire process is accomplished in around a month. All results come together and are presented as BFT’s strategic Communication Plan that, when approved, leads to the Creative Brief— the ‘Who? What? What? (fully explained in this section). The audit is presented in person via computer charts. The results often call for a “rearrangement of priorities” rather than a major shift in action, are always of interest, and invariably create valuable discussion. We can subsequently make further presentations. In the case of standard market research it is always recommended that it be conducted totally independently. In the case of our Brand Audit it is actually beneficial for the agency to implement it because we can delve into those areas we know are likely to require addressing from a creative standpoint. In fact, it is very beneficial to conduct our audit following initial work implemented by the client if that applies. THE BENEFITS OF CONDUCTING A BRAND AUDIT FOR WINTER SPRINGS The prime objective is to improve existing ‘customer’ experience and with new visitors and residents in mind. The audit highlights possibly hidden negatives. Addressing such negatives develops and increases brand loyalty. Similarly, the audit will quickly answer the brand’s perception amongst its target audiences and identify new opportunities for growth and pointers for residents’ experience. For the agency the audit will determine brand positioning (detailed further on the following page) and, in turn, the overall creative strategy, but not just for broad creativity, also for social media planning and buying. In the case of tourism and destination marketing, BFT’s long experience of a wide variety of different destinations enables us to make realistic comparisons and add our experience and insight. In formulating the City’s new creative strategy, key competitive regions in Florida will be examined. Winter Springs’s clear point of difference is going to be pivotal moving forward, but of course that difference must be immediately clear to those considering the region as a visiting or living destination. 14 EXECUTIVE SUMMARYSCOPE OF WORK—THE PLANNING PROCESS CONT. Achieving the ‘Holy Grail’ of branding—Brand Equity Brand Equity is the value that a brand provides to its target audience—derived from consumer knowledge, perceptions, and experiences with the brand. It may be measured as: tangible—based on revenues or price premiums; or intangible—based on awareness and goodwill. Just as brands are ‘built’ by consumers, Brand Equity too is created by the brand’s users. The organization’s products or services can be affected positively or negatively by Brand Equity. Thus, it is the ‘Holy Grail’ to which all owners of brands strive. The diagram above simplifies the road to this achievement. It is the direction BFT takes for all our clients’ brands. THE BFT STRATEGIC ACCOUNT PLANNING PROCESS CONT.EXPERIENCE AND EXPERTISE CONT.EXPERIENCE AND EXPERTISE—BFT ORGANIZATION AND WORK METHOD CONT.EXPERIENCE AND EXPERTISE—BFT’S STRATEGIC ACCOUNT PLANNINGPROJECT APPROACH—BFT’S BRAND AUDIT 624 In order to precisely define the brand’s core personality and its marketable points of difference, we instigate our Brand Communication Briefing System—the Who? What? What?. This is the brief for our creative teams and is mandatory to be on one side of paper…for the simple and effective reason that if it is not possible to write a creative brief that concisely sets out the client’s marketing task, how is it expected that a creative team simply relay the client’s brand’s benefits and point of difference to its target audiences who are conditioned to filter out the vast majority of messages aimed at them (around 3,000 per day)? After being approved by the client, the Who? What? What? becomes the master plan for all BFT promotional activity and, interestingly, we find increasingly that this simple document is used by the client as the yardstick by which all internal brand activity is judged. Our Brand Audit research indicates the degree of brand change that may be necessary. It is likely that minor adjustment will be necessary. It is unlikely that major changes will be recommended. The summation of all our research, as it will impinge on the brand, can be easily set out: ✦Image repositioning is necessary when both the ‘product’ and target market remain unchanged. ✦Market repositioning is necessary when the ‘product’ remains unchanged but is required to appeal to new market segments. ✦Product repositioning is when the ‘product’ has materially changed, but will still appeal to the existing target market. ✦Total repositioning involves both a change of the target market with accompanying ‘product’ modifications (highly unlikely). A specific region represents a complicated mix of branding elements—internally, the multi-faceted demands of its geography and stakeholders and, externally, the desires of its potential visitors and residents. The target markets come at the ‘brand’ from their own perspective, so it is imperative that all the brand’s communication is clear, single-minded and consistent...over time and across all marketing communication (including the way in which the City approaches its existing and potential new constituents). 15 DISTILLING ALL THE DATA INTO A MARKETABLE BRAND PLATFORM UNCHANGED TARGET MARKET CHANGED TARGET MARKET UNCHANGED PRODUCT ATTRIBUTES Image repositioning Market repositioning CHANGED PRODUCT ATTRIBUTES Product repositioning Total repositioning An extended overview The SWOT Analysis phase of an overall research project invariably uses the data that has been gained from previous research. We take that a step further. We also use the data as the basis for ‘brainstorming’—within BFT and with our clients—and then ranking and cross-referencing the individual categories bearing in mind their implications to one another and the organization as a whole. In all instances realistic reasoning must be maintained otherwise the resultant assumptions and the recommendations made, based just on a SWOT analysis alone (separately from a Brand Audit,) are unlikely to be successfully implemented. For example, often forgotten is that a potential strength of an organization is a potential weakness for its competition —this balance also applies to potential opportunities and threats. We defer to the way Albert Einstein viewed problem solving: “We can not solve our problems with the same level of thinking that created them.” Therefore, to avoid this pitfall we deploy further supportive analytical thinking—double checking that inherent contradictions and opposites are not embedded in the analysis, and we use human brains, not just computers, to cross check and ensure that the most effective presentation of all the collected information is made in the most direct and meaningful way. There are alternative ways to prevent weaknesses so that threats are negated and opportunities may come to the fore. These interrelationships are subtle but with the right skills potential negatives can become marketable positives. THE BFT STRATEGIC PLANNING PROCESS CONT.THE BFT STRATEGIC ACCOUNT PLANNING PROCESS CONT.EXPERIENCE AND EXPERTISE CONT.EXPERIENCE AND EXPERTISE—BFT ORGANIZATION AND WORK METHOD CONT.EXPERIENCE AND EXPERTISE—BFT’S STRATEGIC ACCOUNT PLANNINGPROJECT APPROACH—BFT’S BRAND AUDIT CONT. 625 BFT will work directly with Trailblazer Market Research. Its principal consultant is Mary Baehr, a perpetual student of human behavior. She holds a Professional Research Certificate from the Market Research Association, an MBA in marketing, and a BA in Psychology. BFT has successfully worked with Trailblazer for a number of years. The quantitative research will commence first, follows by the quantitative focus groups…the former feeding the latter. Together we will identify questions to pinpoint the most desirable aspects of Winter springs and the key factors of living within the community. Using lists provided by the City (which we assume will be straightforward), our online survey will collect quantitative data. This survey tool will also be used to recruit 6–10 people for each of the planned four focus groups to be held locally. We have limited the groups to four for budgetary and research conclusion reasons, more can easily be added…this to be discussed. As the research will not be undertaken until a range of brand identities have been shortlisted, the style and format of these identities may have an impact on the research and the moderator’s guide will incorporate this. The moderator’s guide will be designed specifically tailored to meet the goals of the project…Mary Baehr will moderate the groups and prepare a top line findings report for ongoing presentation. Winter Springs is being asked to provide a list of contact names to include email addresses and telephone numbers for residents to recruit survey respondents—all held in utmost confidentiality. As there appear to be approximately 14,500 households in the City, a complete list, based on a standard expectant 3% response rate, would deliver 435 responses, which is a meaningful number to analyze. A conference room will be needed. BFT will work closely with Trailblazer throughout the planning and implementation process and liaise with the City to ensure that all aspects are seamless. The presentation of the findings can be in person or via a conference call. Subsequent findings presentations can be arranged, but at this stage without knowing what will be requested we have not included that specific research aspect in our costs. 16 PRECISE RESEARCH TO IDENTIFY ALL THE RELEVANT IMAGERY AND BRAND IDENTITY PERCEPTIONSBrand Research All marketing research is effectively brand research…even technical research feeds back to the brand. Whether it be researching a new product or a new brand identity, brand research is designed to achieve a competitive advantage by being independent and objective. While avoiding jargon, there are a range of distinct aspects we consider before undertaking a research project: •Brand identity—how an organization seeks to identify itself.•Brand attitude—the brand’s characteristics.•Brand association—images and symbols identified with the brand.•Brand awareness—the association of the brand with specific products or services.•Brand visibility—desirability and ‘want’.•Brand perception—this residing with the target audience, not the brand itself.•Brand consideration—as a real purchase decision.•Brand penetration—actual action and (as relevant) purchase.•Brand positioning—ensuring the brand has a common aim.•Brand promise—the extension of the brand’s promotion.•Brand loyalty—the consistency of ‘purchase’.•Brand advocacy—effectively, customers marketing the brand.•Brand equity—always the final attribute—the value of having a well-known brand. Proceeding through the process of quantitative and qualitative research is much more than text book implementation. Whether the brand is well known or new to its marketplace, we must be careful not to obliterate aspects that are actually well liked. Marketers can be too close to their brand to take a dispassionate view. Both client and agency must stand back and allow the well-planned research do its job. THE BFT STRATEGIC PLANNING PROCESS CONT.THE BFT STRATEGIC ACCOUNT PLANNING PROCESS CONT.EXPERIENCE AND EXPERTISE CONT.EXPERIENCE AND EXPERTISE—BFT ORGANIZATION AND WORK METHOD CONT.EXPERIENCE AND EXPERTISE—BFT’S STRATEGIC ACCOUNT PLANNINGPROJECT APPROACH—QUANTITATIVE AND QUALITATIVE RESEARCH 626 BFT has a phrase we use in our own promotion—We make you famous. This is much more than a clever tag line... it is central to the way we work with clients. After all, what brand would not wish to be famous...or to put it another way, what brand would not wish to be able to claim instant recall within (what we refer to as) the consumer’s Portfolio of Choices...the brands that are instantly remembered in the context of that which is being considered? Being “famous” is the single most effective use of marketing funds. When a brand is famous, it is known. When a brand is known, it will be remembered. When a brand is remembered, it will build equity. When a brand builds equity, it will grow and resist challenges. When a brand resists challenges, its brand share and sales increase. It has become famous. BFT makes brands famous...it’s as simple as that! Of course, it’s not quite that simple, otherwise any agency could do it! The single most important point in our entire RFP response is: A brand is not what the organization does or says it is. It’s what the target audience says it is. All the elements of what is not a brand should be noted. – A brand is not (just) the logo. – A brand is not (just) the organization’s reputation. – A brand is not (just) its advertising and promotion. THE WHO? WHAT? WHAT?—EFFECTIVELY, THE BRAND GUIDELINES TO BE FOLLOWED Who are we talking to? The target audience in both socio-demographic and psychographic terms— that is, where they fit into the marketplace and what sort of people they are. What do they currently think and feel? What the target audience feels about the brand, how important it is to them, and what role previous communication has played in forming their thoughts and feelings. What do we want them to think and feel? What is the one thing—objective or subjective—that will alter (or underline) their thoughts and feelings? Tone of Voice The phrasing and emphasis of the brand’s communication. Obviously, this must change to ensure that different social demographics find the message relevant to them.17 EXECUTIVE SUMMARY WINTER SPRINGS MUST BE RECOGNIZED AS A BRAND THE BFT STRATEGIC PLANNING PROCESS CONT. Our creative approach Impact is crucial. But impact without relevance is wasted. And relevance must be believable. Therefore, the precise balance of impact and relevance are delivered by the use of simplicity and common sense. In that way we develop an ‘under the radar’ approach to gain access to target audiences’ hearts and minds (which are now conditioned to filter out the majority of obvious marketing and promotional messages). Successful branding requires two precise disciplines—firstly, to totally understand the objectives and realities of the client’s marketing intent and, secondly, to be strictly consistent across all resultant promotional messages (advertising, web, collateral, public relations etc.). It is vital to ‘talk’ to the target audience—not to ‘sell’ but to logically persuade. We create the brand so that the embodiment of it becomes a personal relationship between our client’s intended marketing message and the identified target audience—always focusing on the decision process from the target audience’s viewpoint. This methodology creates memorable brands that deliver a consistent message over time and across all necessary promotional requirements. The advertising guru, David Ogilvy, puts it very succinctly: “You have to decide what 'image' you want for your brand. Image means personality. Products, services [and destinations], like people, have personalities, and they can make or break them in the marketplace.” Of course, BFT International adds our own way of saying this: We make you famous. THE BFT STRATEGIC ACCOUNT PLANNING PROCESS CONT.EXPERIENCE AND EXPERTISE CONT.EXPERIENCE AND EXPERTISE—BFT ORGANIZATION AND WORK METHOD CONT.EXPERIENCE AND EXPERTISE—BFT’S STRATEGIC ACCOUNT PLANNINGPROJECT APPROACH—BFT’S CREATIVE PLANNING AND APPROACH 627 We will proceed in an orderly way through the scope of work. The list of categories under “Scope” in the RFP are not in a logistical order. In summary, we see the logical flow of work being grouped as follows: A. Brand Audit research to identify the City’s brand strengths for its updated brand positioning and new creative strategy…RFP number: 2) F. This methodology will result in an enormous cost saving, reserving the available budget for independent market research to test the new brand and its elements. In addition we will implement targeted quantitative research to determine key elements of Winter Springs… RFP number: 3) A v. B. Create the brand identity logo and tagline and flexible brand positioning line (slogan)…RFP number: 2) A and D. C. Implement quantitative research to test the shortlist of brand identities…RFP number: 3) A iii. D. Commence producing a brand style manual for use internally and by third parties…produced in tandem with the following categories…RFP number: 3) A v. E. Develop a full Strategic Plan (to include creative objectives and creative strategy), a detailed Communication Plan to cover internal City staff education, and optional recommendations to define markets and promotional avenues (this being advantaged by media budget availability at that stage)… RFP number: 3) A iv. F. Develop a comprehensive Public Relations Plan, a Social Media Plan, and a Digital Media Plan, to be flexible to adapt to the City’s changing short-term objectives (and being able to very quickly answer specific needs). A key element of the public relations is the response to sudden crisis situations… RFP numbers: 2) B, C and E. G. Part of E (above), but listed here separately, is the development of a media distribution list. Direct contacts tend now to be digital, but key journalists will be incorporated…RFP number: 2) H. H. RFP number: 2) I: This is being included here with RFP number: 3) A v, under the grouping of the creative development of the brand across all necessary and affordable executions. I. BFT’s Action Plan will include all estimated costs and timelines (for all of the above)…RFP number 3) A vi. We work closely with our clients as part of their marketing team, developing all strategies and resulting creative executions avoiding last minute presentations of work. For example, when developing a website our client is able to view its progress. Even though we will have set out category costs for a year, all individual projects will be estimated in writing and we request that they are approved by signature. In turn, all BFT invoices are clearly set out exactly matching the approved estimate (or are lower)…no sudden surprises. We set our costs at least 25% lower than other agencies (when comparing apples to apples). EXECUTIVE SUMMARYPROJECT APPROACH—DELIVERING THE SCOPE OF WORK The rules we live by 1. We promise to listen. 2. We promise to be stimulating. 3. We promise to be creative and pragmatic. 4. We promise to maintain short lines of communication. 5. We promise to react fast. 6. We promise to work in the most economical way possible. 7. We promise to abide by the accepted national and international promotional codes of practice. 8. We promise that all invoices will match the approved estimate— no sudden surprises. 9. We promise to exceed your expectations. 10.We promise to make you famous. 18628 CONTENTS TAB FIVE—EXPERIENCE AND QUALIFICATIONS 629 BFT International was launched in the United Kingdom in October 1992 and moved its international headquarters to the USA in December 1998…mainly because our clients were primarily American tourism (but not all). 30 years next year! We have a 100% perfect record for tax payments and vendor payments and an exceedingly good reputation for client retention…working with one client for approaching 20 years. Throughout this document we trust that we have demonstrated our very relevant experience and qualifications for Winter Springs to increase awareness of the City’s mission and goals and to work with the City to inform the community about ongoing and upcoming projects and garner public support. The following is a summary. BFT’s national and international branding and communication background—our management having gained their expertise in 13 or the USA’s and world’s foremost advertising agencies—has provided us with the insight and appreciation of the subtleties that constitute great brands. We’ve worked with very local companies, regional and international destinations (for example, New England, National American tourism, and Belgium), and we’ve worked with the world’s biggest brands (for example, Procter & Gamble, Nestle, General Foods, Volkswagen, British Airways, American Airlines, John Deere, British Petroleum and T J Maxx). Each existing and new brand creates its own specific issues to overcome—branding is not easy, but when a brand has become known and successful it looks like it was easy to create it. While BFT’s own tagline: “We make you famous” is quite cute, it belies the importance of its initial meaning…the Winter Springs brand must become famous to its identified target audience. (A great example is the country of Canada. Not only does every aspect of the country’s government’s information use the exact same brand logo, but even third parties across the country use it. That is quite an achievement. In all cases it says that Canada is talking.) We have explained our Brand Audit methodology in delving deeply into a region’s (or organizations’s) existing brand perceptions so the new brand can be built. We have demonstrated how we take the researched raw data and transfer and convert it into the Brand Strategy and overriding Creative Brief (the Who? What? What?). And we have shown how Winer Springs must be within the target audience’s top-of-mind awareness when considering a relevant visit or move (domestically or commercially)… the Portfolio of Choices. These systems work, and turn initially complicated questions and options into straightforward and understandable indications for action. The BFT International team of account management, planners, writers, art directors, and media planners/ buyers have worked together for up to 20 years—we know each other and that shortcuts many aspects. Our Brand Group system enables key BFT members to work together consistently on a client and bring in other employees as deemed necessary. All members can have a link with the client as needed. EXECUTIVE SUMMARYEXPERIENCE AND QUALIFICATIONS Tourism and destination marketing experience 630 EXECUTIVE SUMMARYEXAMPLES OF WORK—BRANDS CREATED BY BFT ALL ARE DIFFERENT AND CLEAN, EMANATING FROM EACH ORGANIZATION’S INHERENT BENEFITS EXPERIENCE AND QUALIFICATIONS 631 EXECUTIVE SUMMARYEXAMPLES OF WORK—BRANDS CREATED BY BFT CONT. ALL ARE DIFFERENT AND CLEAN, EMANATING FROM EACH ORGANIZATION’S INHERENT BENEFITS EXPERIENCE AND QUALIFICATIONS 632 EXECUTIVE SUMMARYEXAMPLES OF WORK—BRANDS CREATED BY BFT CONT. ALL ARE DIFFERENT AND CLEAN, EMANATING FROM EACH ORGANIZATION’S INHERENT BENEFITS EXPERIENCE AND QUALIFICATIONS 633 BACKGROUND Maine is a large state—not as large as states such as Texas and California, but Maine is larger than the other five states of New England combined. And in the center of the state (virtually landlocked) are two large counties… Penobscot and Piscataquis. These two together are larger than Connecticut and Rhode Island combined. Like Florida, Maine is a very significant tourism destination (“Vacationland” as it says on vehicle registration plates). So there were few areas of Maine that had not been heavily and continually promoted…but Penobscot and Piscataquis Counties were amongst them and not really known. Furthermore, financially the region could not compete with Maine regions such as Acadia, Old Orchard Beach or Greater Portland. To help remedy this situation the two counties joined forces and, for tourism purposes, named themselves “Penquis” (a combination of the two names). Following an RFP, BFT International was appointed to re-brand the overall region based on our tourism experience. The very first action we took was to meet all the region’s marketers in one room (from its various sub regions) and ask them all to point out where “Penquis” can be found on any map. Of course, that wasn’t possible as “Penquis” did not exist as a location and that would be the problem potential visitors would have choosing where to base themselves in Maine (the two counties being an excellent central location). To ask that question was very necessary to establish the urgent need of a name change and a new brand identity. ANALYSIS Although the overall region was known to us, we undertook detailed visitation to the entire area. The intention was to obtain a real feel of its geography, topography, range of activities (at all times of the year), and people. It became very clear that this large land mass has much to offer (that wasn’t being promoted) and that topographically it is quite elevated, rugged in parts, with many small towns and one large city, Bangor. So the one explanatory word that came to us was “highland”…as the region was not mountainous, yet not lowland. Also important was to understand the very large number of attractions (many not widely known) and how visitors could best partake in them…year round…the overall region being very much a year round destination (like Winer Springs). BFT’s Account Planning system was utilized to formulate the Creative Strategy for the region. The Maine Highlands was born (always with a capital ’T’). This new brand identity was immediately approved and presented across the overall region…we had a handful of jokes about Scotland, but all said with affection. 24 EXECUTIVE SUMMARY A REGION MIRRORING A NUMBER OF WINTER SPRINGS MARKETING ISSUES THE BFT STRATEGIC PLANNING PROCESS CONT.THE BFT STRATEGIC ACCOUNT PLANNING PROCESS CONT.EXPERIENCE AND EXPERTISE CONT.EXPERIENCE AND EXPERTISE—BFT ORGANIZATION AND WORK METHOD CONT. THE MAINE HIGHLANDS CASE STUDY ONE EXPERIENCE AND QUALIFICATIONS 634 STRATEGY AND CREATIVE RECOMMENDATIONS BFT presented a complete strategic marketing plan and a vast range of creative executions to enable the huge array of Maine promotion to include this newly named region. In fact, the largest issue was to convince the Maine Office of Tourism which, as a body, is very set in its ways. of how the Maine regions should be known. Maine, unusually, also has a second tourism body, the Maine Tourism Association, which further complicated the region’s promotion. When we finally persuaded the Maine Office of Tourism to erect new The Maine Highlands road signage we knew we had achieved the near impossible. (This is a subject we would like to discuss with Winter Springs County.) The aspect of consistency was vital because there were so many independent groups and businesses involved that if they all didn’t follow the new brand’s guidelines, potential impact (and marketing funds) would be wasted. Consistency in tourism marketing is an ongoing problem because there are so many execution formats that have to be included…websites, brochures, hand-outs, videos, advertising, even store fronts, etc…and they all had to be easily digitally and economically produced. BFT created the new brand identity logo. It was designed to represent the essence of the region—wooded highlands, lakes, dominated by the small ‘mountain’ that is the northern end of the Appalachian Trail, Mount Katahdin. The tag line, ‘NATURAL WONDER · ENDLESS DISCOVERY’ accurately captures what The Maine Highlands is all about. (A logo must be easily rendered in all instances and tag lines must be unique to the ‘product’.) Public Relations was a key factor in the launch process. For the sake of economy, we asked ourselves: “What group of people would regularly have to refer to The Maine Highlands region?” The answer was weather forecasters. At the time. Angus King was the Governor of Maine (now Senator King). Governor King was an ex-broadcaster, so we approached him to present “The King of All Weather Forecasts” and he loved the idea. We had him stand in front of a green screen and present a weather forecast, but instead of covering weather he covered different activities in the different regions of the two counties. Then we added the graphics and the entire short presentation was made to just about every weather forecaster in Maine (in the same room) to get them to start using the term so Mainers would become aware to the ‘new’ region. We hit the top news spot that evening across Maine. That entire project cost around $1,100.00. 25 EXECUTIVE SUMMARYTHE BFT STRATEGIC PLANNING PROCESS CONT.THE BFT STRATEGIC ACCOUNT PLANNING PROCESS CONT.EXPERIENCE AND EXPERTISE CONT.EXPERIENCE AND EXPERTISE—BFT ORGANIZATION AND WORK METHOD CONT. THE MAINE HIGHLANDS A REGION MIRRORING A NUMBER OF WINTER SPRINGS MARKETING ISSUES CASE STUDY ONE CONT. EXPERIENCE AND QUALIFICATIONS 635 RESULTS AND CONCLUSION The small annual marketing budgets for each of the sub-regions in the area could not match heavy competitive spending. The formation and creation of The Maine Highlands was important for the overall region to become a concerted marketing entity with the whole being much more forceful than its individual parts. BFT became its close marketing partner, meeting regularly for consultation and briefings. For the counties of Penobscot and Piscataquis, after being effectively unknown to potential tourists both in Maine and from across America and beyond, The Maine Highlands enabled the region to be as enticing as many other Maine areas—particularly as the region has a significant airport (which was also a client of BFT) and included the very popular areas of Bar Harbor and Acadia National Park. In 2019 The Maine Highlands welcomed 6.1 million visitors (2020 figures being skewed by COVID)…a 13.9% increase versus 2018. The region’s visitors in 2019 spent $1.09 billion, this now supporting 18,798 jobs, $366.3 million in earnings (from lodging, retail sales, restaurants etc), and $103 million in taxes. The region is represented at the annual Maine Office of Tourism conferences enabling it to stand equally alongside those areas of Maine that had been promoting themselves for many years. It is almost as if a new land mass of Maine has been discovered. The newly branded region quickly went from strength to strength and, in turn begat spin-offs. There is The Maine Highlands Guild (a group representing the region’s creative artisans), and The Maine Highlands Credit Union (which immediately took on board the value of assimilating with the region), both appointing BFT. It has been a notable success story and BFT is proud to have literally put The Maine Highlands on the map. 26 EXECUTIVE SUMMARYTHE BFT STRATEGIC PLANNING PROCESS CONT.THE BFT STRATEGIC ACCOUNT PLANNING PROCESS CONT.EXPERIENCE AND EXPERTISE CONT.EXPERIENCE AND EXPERTISE—BFT ORGANIZATION AND WORK METHOD CONT. A REGION MIRRORING A NUMBER OF WINTER SPRINGS MARKETING ISSUES CASE STUDY ONE CONT. THE MAINE HIGHLANDS EXPERIENCE AND QUALIFICATIONS 636 27 EXECUTIVE SUMMARY EXAMPLE CREATIVE EXECUTIONS THE BFT STRATEGIC PLANNING PROCESS CONT.THE BFT STRATEGIC ACCOUNT PLANNING PROCESS CONT.EXPERIENCE AND EXPERTISE CONT.EXPERIENCE AND EXPERTISE—BFT ORGANIZATION AND WORK METHOD CONT. BFT created the regions’s new name and then created its brand identity and tag line. Business card First page of Brand logo rules for usage Website—each category taking the viewer to a complete section on that topic (shown below), or enabling the viewer to go directly to individual sub-regions (shown below)—all pages enabling the viewer to go to either topics or sub-regions without having to click back. EXAMPLE CREATIVE EXECUTIONS—TOTAL CONSISTENCY ACROSS THE ENTIRE CAMPAIGN THE MAINE HIGHLANDS CASE STUDY ONE CONT. EXPERIENCE AND QUALIFICATIONS 637 28 EXECUTIVE SUMMARYTHE BFT STRATEGIC PLANNING PROCESS CONT.THE BFT STRATEGIC ACCOUNT PLANNING PROCESS CONT.EXPERIENCE AND EXPERTISE CONT.EXPERIENCE AND EXPERTISE—BFT ORGANIZATION AND WORK METHOD CONT. Brochure—a selection of page spreads EXAMPLE BROCHURE—TOTAL CONSISTENCY ACROSS THE ENIRE CAMPAIGN THE MAINE HIGHLANDS CASE STUDY ONE CONT. EXPERIENCE AND QUALIFICATIONS 638 29 EXECUTIVE SUMMARYTHE BFT STRATEGIC PLANNING PROCESS CONT.THE BFT STRATEGIC ACCOUNT PLANNING PROCESS CONT.EXPERIENCE AND EXPERTISE CONT.EXPERIENCE AND EXPERTISE—BFT ORGANIZATION AND WORK METHOD CONT. Large display Small display The Maine Highlands, located at the very heart of the state, encompasses six distin c t r e g i o n s : G r e a t e r B a n g o r , K a t a h d i n , Lincoln Lakes, Moosehead Lake, Sebas t i c o o k V a l l e y , a n d S o u t h e r n P i s c a t a q u i s . The Maine Highlands is as rich in history a s i t i s i n n a t u r a l s p l e n d o r . T h e l o n g s t a n d i n g presence and influence of the Penobscot tri b e s e n d u r e s t o t h i s d a y . E a r l y E u r o p e a n settlers arrived in the mid-1700s, and by the lat e 1 8 0 0 s t h i s p a r t o f M a i n e w a s becoming famous as a vacation and resor t d e s t i n a t i o n — t h e s t a r t o f a t r a d i t i o n w h i c h has grown in popularity ever since. The many rivers, lakes, and streams afford a m y r i a d o f a c t i v i t i e s , i n c l u d i n g f i s h i n g , canoeing, a n d w h i t e w a t e r r a f t i n g . T h e m o u n t a i n s a r e a l w a y s a h i k e r ’ s p a r a d i s e a n d the winter trails are a haven for cross coun t r y s k i e r s , w h i l e s n o w m o b i l e r s t a k e t o t h e Interstate Trail System. Make the most of your v i s i t a n d l e a v e n o f a c e t u n e x p l o r e d . Mt. Katahdin and Baxter State Park are t h e j e w e l s at the center of The Maine Highlands. The re g i o n offers year-round wilderness adventur e s — f r o m hiking and technical climbing on Maine’s h i g h e s t mountain to camping in its magnificent shadow . Anglers from all over the world flock to the East a n d W e s t B r a n c h e s o f t h e P e n o b s c o t R i v e r , to fish for small mouthed bass, trout, sal m o n a n d o t h e r n a t i v e s p e c i e s . T h e P e n o b s c o t i s a l s o renowned for its spectacular rapids, including t h e C r i b w o r k s , T r o u b l e m a k e r , a n d E x t e r m i n a t o r — to the delight of whitewater rafters, c a n o e i s t s a n d k a y a k e r s . W i n t e r t u r n s t h e r e g i o n i n t o a paradise for snowmobilers, who can conne c t d i r e c t l y i n t o M a i n e ’ s I n t e r c o n n e c t e d T r a i l S y s t e m . This region has a rich history of paper mak i n g , l u m b e r i n g , a n d n a t i v e p e o p l e s . A number of area museums offer intriguing gl i m p s e s o f p a s t t i m e s . Whatever thrill you seek, the Katahdin r e g i o n i s w e l l s t o c k e d with adventures waiting to happen. Natural Wonder. Natural Wonder. Endless Discovery.Endless Discovery. The Katahdin RegionThe Katahdin Region The Maine Highlands section of this public a t i o n i s p a i d f o r in part by the Maine State Office of Touris m . F i s c a l y e a r 2 0 0 4 : G 1 0 0 3 2 4 1 . For additional information on Maine, call 1-888-Maine45 o r g o t o w w w . v i s i t m a i n e . c o m Regional guides The Maine Highlands, located at the very heart of the state, encompasses six distinct regions: Greater Bangor, Ka t a h d i n , Lincoln Lakes, Moosehead Lake, Sebastico o k Valley, and Southern Piscataquis. The Maine Highlands is as rich in history as it i s i n n a t u r a l s p l e n d o r . T h e l o n g s t a n d i n g presence and influence of the Penobscot tribes en d u r e s t o t h i s d a y . E a r l y E u r o p e a n settlers arrived in the mid-1700s, and by t h e l a t e 1 8 0 0 s t h i s p a r t o f M a i n e w a s becoming famous as a vacation and resort d e s t i n a t i o n — t h e s t a r t o f a t r a d i t i o n w h i c h has grown in popularity ever since. The many rivers, lakes, and streams afford a m y r i a d o f a c t i v i t i e s , i n c l u d i n g f i s h i n g , canoeing, a n d w h i t e w a t e r r a f t i n g . T h e m o u n t a i n s a r e a l w a y s a h i k e r ’ s p a r a d i s e a n d the winter trails are a haven for cross cou n t r y s k i e r s , w h i l e s n o w m o b i l e r s t a k e t o t h e Interstate Trail System. Make the most of yo u r v i s i t a n d l e a v e n o f a c e t u n e x p l o r e d . Moosehead Lake is large enough to make up i t s own region in the Maine Highlands and is host to virtually every kind of outdoor adven t u r e . Forty miles long and 420 miles around, Mo o s e h e a d is the state’s largest lake. The intricate shorelin e of coves, beaches, bays, and islands provide a stunning setting for every activity. Moosehead is the ideal starting point for c a n o e o r k a y a k e x p e d i t i o n s . M a i n e G u i d e s c a n t a k e you far into the wilderness—rely on their lo c a l k n o w l e d g e o f s p l e n d i d l y i s o l a t e d c a m p s i t e s with trailside meals always available. While yo u ’ r e i n t h e a r e a b e o n t h e l o o k o u t f o r m o o s e : they outnumber people by three to on e ! This guide details the huge array of vacation acti v i t i e s to be found in this very special region of M a i n e . The Maine Highlands section of this publication is paid for in part by the Maine State Office of Tourism. Fiscal year 2 0 0 4 : G 1 0 0 3 2 4 1 . For additional information on Maine, call 1-888-Maine4 5 o r g o t o w w w . v i s i t m a i n e . c o m Natural Wonder. Natural Wonder. Endless Discovery.Endless Discovery. The Moosehead Lake RegionThe Moosehead Lake Region The Maine Highlands, located at the very heart of the state, encompasses six distinct regions: Greater Bangor, Katahdin, Lincoln Lakes, Moosehead Lake, Sebas t i c o o k Valley, and Southern Piscataquis. The Maine Highlands is as rich in history as i t i s i n n a t u r a l s p l e n d o r . T h e l o n g s t a n d i n g presence and influence of the Penobscot tribe s e n d u r e s t o t h i s d a y . E a r l y E u r o p e a n settlers arrived in the mid-1700s, and b y t h e l a t e 1 8 0 0 s t h i s p a r t o f M a i n e w a s becoming famous as a vacation and resor t d e s t i n a t i o n — t h e s t a r t o f a t r a d i t i o n w h i c h has grown in popularity ever since. The many rivers, lakes, and streams afford a m y r i a d o f a c t i v i t i e s , i n c l u d i n g f i s h i n g , canoeing, a n d w h i t e w a t e r r a f t i n g . T h e m o u n t a i n s a r e a l w a y s a h i k e r ’ s p a r a d i s e a n d the winter trails are a haven for cross c o u n t r y s k i e r s , w h i l e s n o w m o b i l e r s t a k e t o t h e Interstate Trail System. Make the most of y o u r v i s i t a n d l e a v e n o f a c e t u n e x p l o r e d . The Southern Piscataquis region is home t o some of the most spectacular hiking in the s t a t e . Gulf Hagas, in Brownville, is known as the “Gra n d Canyon of Maine” and listed in the Na t i o n a l Registry of Landmarks. On the road to Gu l f Hagas, be sure and stop at the historic Katah d i n Iron Works, a relic from the 19th century. The Borestone Mountain Wildlife Sanctuary, bo r d e r e d o n o n e s i d e b y t h e A p p a l a c h i a n T r a i l , offers hiking as well as a nature center. W h i l e f a r t h e r s o u t h , P e a k s - K e n n y S t a t e P a r k , on the shores of Sebec Lake, is an undisco v e r e d g e m f o r c a m p e r s . L o c a l f a i r s a n d f e s t i v a l s fill the calendar throughout the year and the S o u t h e r n P i s c a t a q u i s a r e a is known for its handmade crafts and a g r i c u l t u r a l p r o d u c t s . Natural Wonder. Natural Wonder. Endless Discovery.Endless Discovery. The Southern Piscataquis RegionThe Southern Piscataquis Region The Maine Highlands section of this publication is paid f o r in part by the Maine State Office of Tourism. Fiscal y e a r 2 0 0 4 : G 1 0 0 3 2 4 1 . For additional information on Maine, call 1-888-Ma i n e 4 5 o r g o t o w w w . v i s i t m a i n e . c o m EXAMPLE DISPLAYS AND REGIONAL GUIDES—TOTAL CONSISTENCY ACROSS THE ENTIRE CAMPAIGN THE MAINE HIGHLANDS CASE STUDY ONE CONT. EXPERIENCE AND QUALIFICATIONS 639 30 EXECUTIVE SUMMARYTHE BFT STRATEGIC PLANNING PROCESS CONT.THE BFT STRATEGIC ACCOUNT PLANNING PROCESS CONT.EXPERIENCE AND EXPERTISE CONT.EXPERIENCE AND EXPERTISE—BFT ORGANIZATION AND WORK METHOD CONT. Full page advertisement Rack card—one of six EXAMPLE COLLATERAL AND ADVERTISING—TOTAL CONSISTENCY ACROSS THE ENTIRE CAMPAIGN THE MAINE HIGHLANDS CASE STUDY ONE CONT. EXPERIENCE AND QUALIFICATIONS 640 31 EXECUTIVE SUMMARYTHE BFT STRATEGIC PLANNING PROCESS CONT.THE BFT STRATEGIC ACCOUNT PLANNING PROCESS CONT.EXPERIENCE AND EXPERTISE CONT.EXPERIENCE AND EXPERTISE—BFT ORGANIZATION AND WORK METHOD CONT. The Maine Highlands region map included local businesses to support the cost of its production and distribution. (The St. Pete–Clearwater International Airport map was drawn, and is regularly updated, as the airport refurbishes and expands.) flypiecom --flypiecomFall PhotographyJamesBorchuckSteveNesius VisitStPete-Clearwater TerminalBoulevardSuite ClearwaterFL •-- facebook.com/Fly2PIE @iflypie WHY PIE?Everyairporthasathree-letteridentifierStPete–ClearwaterInternationalhasPIETheairportwasoriginallycalledPinellasInternationalforourcountyname St. Pete–ClearwaterInternational Airport PIE AtPIEyou’llfindlow-costfares andovernon-stopdestinationsincluding theeasternUSMidwestGreatPlains andCanada It’sTampaBayTheEasyWay PUBLIC ART & EXHIBITSTheairportfeaturestwohistoricalexhibits TheBenoistaircraftinBaggageClaimisareplicaoftheairboatpilotedbyTonyJannusininTampaBaytheworld’sfirstscheduledcommercialflightTheGeneralHowardExhibit(acrossfromtheGiftShopbyTicketingB)paystributetothelastcommanderofPinellasArmyAirfieldaCongressionalMedalofHonorrecipientforhisWWIIserviceOurairfieldwasoriginallybuiltasamilitarytrainingbasein TheairportisalsohometoavibrantartcollectionbyavarietyofrenownedFloridaartistsEnjoyartinglasswoodmetalsceramicsmixedmediaandpaintingsthroughouttheterminal Over non-stop destinations Airport Information & Maps TERMINAL 12 D C B A i 11 10 1 2 3 456789 OUTER CONCOURSE INTERNATIONALBAGGAGECLAIM FIRST FLOOR RENTAL CAR AGENCIES VISITOR INFO BOOTH GATES 7–11 USCUSTOMS GATES 2–6 ARRIVALS ONLY CUSTOMSGATE BAGGAGECLAIM TICKETING B TIC K E T I NG APASSENGERSCREENING PRIVACY/NURSINGROOM PRIVACY/NURSINGROOM US CUSTOMSOFFICE MARKET 361& DUTY FREE PASSENGERSCREENING KIDS’PLAYZONE SAND& SKYSHOPPE ALLEGIANTBAGGAGE OFFICE BAGGAGECARTS BAGGAGECARTSRIDE SHARING PICKUP VENDINGWEST ELEVATOR EASTELEVATOR STAIRS TO 2ND FLOOR EXIT ENTRY ENTRYEXITEXITARRIVALS ONLY STAIRS TO 2ND FLOOR 3 DAUGHTERS DUNKIN’ HUDSON/DUNKIN’ MAZARRO’S à EASTELEVATORFOR 2NDFLOOR SECOND FLOOR FUEL BAR PARKING SHUTTLEGROUND TRANSPORTATION4 " "PETRELIEFAREA PETRELIEFAREA TERMINALBLVD THSTNTHSTNCELL PHONE LOT ADA PARKING PARKINGLOT EXIT RENTAL CAR EXIT RIGHT TURN ONLY FROM46TH ST. NO EXITTO 46TH ST. LONG-TERM EXIT SHORT-TERM EXIT SHORT-TERM ENTRANCE LONG-TERM ENTRANCE RENTAL CAR ENTRANCE NO PEDESTRIAN WALKWAY TO TERMINAL ACCESS TO ECONOMY KEY LIME PIE PARKING LOT SOUTHBOUND ONLY NORTHBOUND ONLY PASSENGER PICKUP& DROP-OFF TIC KE T I N G A AIR TRAFFICCONTROLTOWER ECONOMY KEY LIME PIE PARKING OPEN YEAR-ROUNDSIGNS WILL DIRECT YOUTO THIS LOCATION ECONOMY STRAWBERRY PIE PARKING CREDIT CARD ONLYOPEN ONLY AS NEEDEDSIGNS WILL DIRECT YOU TO THIS LOCATION EMPLOYEEPARKING RENTALCARS TURTLE ROWS 9–14 DOLPHIN ROWS 1–8 TO ECONOMY STRAWBERRY PIE PARKING LOT (OPEN AS NEEDED) TERMINAL LONG-TERM PARKING THAVENTO 49TH ST. N. THAVEN AIRPORTPARKWAYFAIRCHILDDRIVE ROOSEVELT BL V D . ( S .R . 6 8 6 ) SO U T HBOUND ROO S E V E L T B L V D . ( S . R . 6 8 6 ) N O R T HBO U N D À SHORT-TERMPARKINGMANATEE SHUTTLE RUNSCONTINUOUSLYBETWEEN THE TERMINALAND THE ECONOMYPARKING LOTS. TICKETING BBAGGAGE CLAIMGROUND TRANSPORTATION PARKING SHUTTLE RIDE SHARING PICKUP PARKINGSHUTTLE PARKING GROUNDTRANSPORTATION CarRentalAgenciesOn-SiteAlamoNational ....--Avis ...............--Budget .............--Enterprise ..........--Hertz ..............-- TaxiTransportationUnitedCabYellowTaxi . . . . . . . . . . . . . . . . . . . .--RidesharingServicesRidesharingservices(egUberLyft)maywaitintheCellPhoneLotandproceedtotheterminaltopickuppassengerscurbsideRidersmaycontacttheservicesviamobileappsorbycallingUberat-- PARKINGINFORMATIONOperatedbyRepublicParking—-- CURBSIDEPARKINGNOTPERMITTEDATANYTIME— ACTIVELOADINGANDUNLOADINGONLYAlllotsopentwohourspriortothefirstdepartureandcloseonehour afterthelastarrivalCashcreditanddebitareacceptedforpayment Short-TermfirsthoureachadditionalminutesperdaymaximumNOOVERNIGHTPARKINGPERMITTED Long-Termfirsthoureachadditionalminutesperdaymaximumweekly EconomyLotsperdayFreeshuttletransportationprovided EconomyKeyLimePIELot—Theprimaryeconomylotlocatedacross RooseveltBlvdisopenyear-roundEconomyStrawberryPIELot—LocatedonFairchildDrivethislotisonly openasneededandiscreditcardonly Shuttlesoperatecontinuouslyandpickupatthesheltersintheeconomy lotsandattheterminalintheGroundTransportationLotadjacentto BaggageClaimShuttlesaverage–minutesbetweenpickups Drop-oisavailableinfrontofterminalatticketingarea PassengerPickupCellPhoneLotAfreeCellPhoneLotadjacenttotheAirTracControlTower isavailablefor“meetersandgreeters”Whenyourpassenger(s)arereadywiththeirluggageproceedtocurbsideforpickup REGIONAL ACCESS N S W E ST. PETERSBURG SARASOTA/BRADENTON GULF OF MEXICO TAMPA PINELLAS PARKPARK BLVD. ROOSEV E L T BLVD. ULMERTON RD. BAYS I D EBRIDGE 49TH ST.4TH ST.66TH ST.LARGO ST. PETE-CLEARWATERINTERNATIONALAIRPORT CLEARWATERCLEARWATERBEACH ST. PETE BEACH DUNEDIN OLDSMAR PALMHARBOR SAFETYHARBOR ROOSEVELT BLVD. PLEASENOTE ROADWAYSAROUNDTHEAIRPORT AREUNDERCONSTRUCTION PLEASEALLOW AMPLETRAVELTIME MAPPING—AN AREA BFT IS OFTEN CALLED UPON TO EXECUTE (FREQUENTLY FROM SCANT REFERENCE) 11 11 11 11 201 15 16 150 157 16 16 179 178 188 212 3 6 23 6 6 6 6 6 7 9 9 9 Toll highway 1 1 1A 1A 1 1 2 2 2 2 2 202 1 1 2A 2 201 201 201A 95 95 95 95 95 GADAHOC LINCOLN KNOX KENNEBEC WALDO HANCOCK WASH PENOBSCOT PISCATAQUIS PENOBSCOT BAY NORTH ATLANTIC OCEAN Chamberlain Lake Ches u nc o ok L a k e Eagle L a k e MOOSEHEAD LAKE Caucomgomoc Lake Loon Lake Allagash Lake Churchill Lake Chemquasabamticook Lake Grand Lake Matagamon Graham Lake Grand Lake Seboeis Nicatous Lake Pemadumcook Lake Pus h a w L a k eScho o di c La ke Sebec Lake Sebo ei s La k e Seboomook Lake Squa Pan Lake West Grand La k e Brassua Lake NorthBay Bald Mountain Pond Lobster Lake Lily Bay Spencer B a y Millinocket Lake Cari b o u L a k e Nahmakanta Lake Rainbow Lake Brewer Lake SouthBranchLake Hermon Pond Chemo Pond Sunkha z e S t r e a m Cold Stream Pond Upper PondMattanawcook Lake Upper Jo-Mary Lake MiddlerJo-Mary Lake LowerJo-Mary Lake North Twin Lake Ambajejus Lake South Twin Lake East Branch Lake Mattamisomis Lake First Roach Pond Second Roach Pond Third Roach Pond Upper Wilson PondLower Wilson Pond Lake Onawa Long Pond Houston Pond Lake Hebron Great MooseLake Indian Pond Sebasticook Lake Pleasant Lake Lake Wassookeag Scraggly Lake Hay Lake Millinocket Lake Munsungan LakeChase Lake Clear Lake Pleasant Lake Spider Lake Haymock Lake Pillsbury Pond Indian Pond Harrow LakePriestly Lake Lake Kennebec RiverBranchWest Penobs co t River Appalac hi an Trail Trail Appalachian PENOBS C O T R I V ER East Br a n c h Peno bs c o t R i v er Kenneb e c Rive r West Brunswick Naval Air Station Penobscot Indian Res. Petit Manan NWR Carlton PondWaterfowlProductionArea Sunkhaze Meadows NWR AllagashWildernessWaterway Lily BayState Park Peaks-KennyState Park Gulf Hagas Mattawamkeag Wilderness Park Acadia NP Acadia NP Acadia NP Acadia NP Grand Lake Road Golden Road WestBranch Ope n t o p u b l i c Open Open to to public public Priva t e r o a d K I Road NMW Gate Seasonal roadNMW Gate NMW Gate NMW Gate NMW Gate NMW Gate NMW Gate F Newcastle Damariscotta BlaineMars Hill Port Clyde Whitefield Owls Head Jefferson Vinalhaven Union North Haven Washington Isle Au Haut Belgrade South China Stonington Lincolnville Deer Isle Frenchboro Liberty Atlantic Albion Sedgwick ercer Bass Harbor Southwest Harbor Waldo Hinckley Unity Blue Hill Somesville Burnham Carmel Hermon Trenton Dixmont Frankfort Winter Harbor Solon Ashville Etna Green Lake Franklin Harmony Corinna Milbridge Wellington Kingsbury Waltham Cherryfield Exeter Corners Charleston Harringto Caratunk Amherst Hudson Kenduskeag Levant Glenburn West Forks Willimantic Blanchard Abbot Stetson St.Albans Enfield Lagrange Shirley Mills Olamon Costigan Alton Passadumkeag Brownville SebecBowerbank Brownville Junction Seboeis Rockwood Monson Kineo Kokadjo Lily Bay Beaver Cove West Seboeis Lee Prentiss Springfield Carroll Norcross North East Carry Seboomook MattawamkeagWinnChester Macwahoc B Wytopitlock Chesuncook Ripogenus Dam Danforth Sherman Station Haynesville Orient Patten Shin Pond Island Falls North Amity Linneus Smyrna Mills Clayton Lake Littleton Oxbow Monticello Masardis Bridgewater Ashland Westfield Brunswick Topsham Boothbay Harbor ls Wiscasset Richmond Waldoboro Randolph Thomaston Farmingdale Camden Oakland Winslow Fairfield Searsport Norridgewock Clinton Madison Skowhegan Bar Harbor Bucksport PittsfieldDetroit Plymouth Winterport Hartland Newport Palmyra HampdenOrringtonNewburgh Center Newburgh Village Bingham Dexter Orono Milford BradleyStillwater Eddington Clifton Veazie Holden Center Dedham Guilford Sangerville Atkinson Mayfield Dover-Foxcroft Milo Medford GreenvilleGreenvilleJunction Howland Burlington SaponacLowell Lincoln Millinocket East Millinocket Woodville Houlton Medway Upper Sysladobsis Lake Sysladobsis Lake Lombard Lake Junior Lake Chesuncook Dam Hallowell Bath Brewer Gardiner Rockland Belfast Ellsworth Old Town Waterville Bangor Augusta Trout Mtn1499 Jo-Mary Mtn2904 Whitecap Mtn3644 Baker Peak3520 No.4 Mtn Elephant Mtn2647 Mt Kineo1789 Telos Mtn4143 Daicey Mtn1950 Hunt Mtn1525 Mt Chase2440 Green Mtn1687 Big Spencer Mtn3230Little Spencer Mtn Wadleigh Mtn1864 Wadleigh Mtn1133Reed Mtn1895 Mooseluk Mtn2460 Hudson Mtn1935Priestly Mtn1900 Poland Mtn1870 Allagash Mtn1400 Soper Mtn1410 Barren Mtn2671 New Hermon Mtn Ragged Mtn1303 Mt. Jefferson Big Moose Mtn3196 Bald Mtn Charleston Hill Peaked Mtn Webster Lake KaK kek kk hPenobscot enob BaBaxterState Parktate ParParkState Baxterter Perimeter RoadRoad(seasonal)(seas NMWG NMW Gate Stricklandd Mtn2390d MtnCented2902 eakBaxter PBa5267INAHDINKATAH North Brother41434 South Turner MtnSout3122 North Turner Mtnth Turn3323 Traaveler Mtn3541 Sports & RecreationSports & Recreation Airport (international) Airfield/landing strip/seaplane base Boat launchCamp site/campground Canoe trips, whitewater rafting Chamber officeCross country skiing Fish & wildlife management area Forest gatehouse/ranger station Forest/protected area Golf course Hiking trail/riverwalkHospital Lean-to Lookout towerNature preserve Park/recreation area Picnic/rest area Public reserve land Sand beach Scenic overlookSkiing Sports/events area State parkSwimming pool Tourist information center Waterfall KEY TO MAP SYMBOLS Where we are TheMaineHighlands MAINE CANADA 1234567891011 123456789 10 11 0 N M L K J I H G F E D C B A 0 N M L K J I H Sea Level0–150 Ft.150–300 Ft.300–600 Ft.600–1200 Ft.1200–1800 Ft.1800–3000 Ft.3000–4500 Ft. ELEVATIONS G3 AbbotBalsam Woods Campground . . . . . . . . . . . . . . . . . .876-2731N3Allagash Wilderness Waterway . . . . . . . . . . . . . . . . . 941-4014F7 AltonHirundo Wildlife Refuge . . . . . . . . . . . . . . . . . . . . . . 394-4681G5 AtkinsonD6 BangorAcadia Hospital . . . . . . . . . . . . . . . . . . . . . . . . . . . . .973-6100All Souls Congregational Church . . . . . . . . . . . . . . . 942-7354Bangor International Airport . . . . . . . . . . . 1-866-FLY-BANGORBangor Lumberjacks Baseball . . . . . . . . . . . . . . . . . . 947-1900Bangor Municipal Golf Course . . . . . . . . . . . . . . . . . 941-0232Bangor Museum & Center for History . . . . . . . . . . .942-1900Bangor Opera House . . . . . . . . . . . . . . . . . . . . . . . .942-3333Bangor Sidewalk Arts Festival . . . . . . . . . . . . . . . . . .942-4821Bangor Theological Seminary . . . . . . . . . . . . . . . . . .942-6781Beal College . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .947-4591City Forest & Trails . . . . . . . . . . . . . . . . . . . . . . . . . . . 942-5766Cole Land Transportation Museum . . . . . . . . . . . . .990-3600Cunningham Landing . . . . . . . . . . . . . . . . . . . . . . . . 945-4400Dakin Park Pool . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 945-4400Dufour Landing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 945-4400Eastern Maine Community College . . . . . . . . . . . . .974-4600Eastern Maine Medical Center . . . . . . . . . . . . . . . . . 973-7000Elliot Landing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 945-4400Gould's Landing & Sand Beach . . . . . . . . . . . . . . . . 945-4400Greater Bangor Convention & Visitors Bureau . . . . . . . . . . . . . . . . . . . . . . . 1-800-91-MOOSEHannibal Hamlin Monument . . . . . . . . . . . . . . . . . .945-4400Hayford Park Pool . . . . . . . . . . . . . . . . . . . . . . . . . . . 945-4400Holy Family Church . . . . . . . . . . . . . . . . . . . . . . . . . .827-4000Husson College . . . . . . . . . . . . . . . . . . . . . . . . . . . . .941-7100Isaac Farrar Mansion . . . . . . . . . . . . . . . . . . . . . . . . .941-2808Kenduskeag Stream Canoe Race . . . . . . . . . . . . . . . 947-1018Kenduskeag Stream Walkway . . . . . . . . . . . . . . . . . . 945-4400Korean War Memorial . . . . . . . . . . . . . . . . . . . . . . . .942-5766Lucky’s Landing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 945-4400Maine Discovery Museum . . . . . . . . . . . . . . . . . . . .262-7200Mansfield Sports Complex . . . . . . . . . . . . . . . . . . . . 942-6557The National Folk Festival . . . . . . . . . . . . . . . . . . . . . 992-2630Paul Bunyan Campground . . . . . . . . . . . . . . . . . . . . 941-1177Paul Bunyan Park & Statue . . . . . . . . . . . . . . . . . . . . 945-4400Pleasant Hill Campground . . . . . . . . . . . . . . . . . . . . 848-5127St. Joseph Hospital . . . . . . . . . . . . . . . . . . . . . . . . . . 262-1000Thomas A. Hill House . . . . . . . . . . . . . . . . . . . . . . . .942-5766Thomas Hill Standpipe . . . . . . . . . . . . . . . . . . . . . . .947-4516Tourist Info Center off Interstate 395/Route 9 . . . . 945-4400Union Street Brick Church . . . . . . . . . . . . . . . . . . . . . 945-9798University College . . . . . . . . . . . . . . . . . . . . . . . . . . . 262-7800University of Maine Art Museum . . . . . . . . . . . . . . . 581-3255USS Maine Memorial in Davenport Park . . . . . . . . . 945-4400Wheeler Stream Camping Area . . . . . . . . . . . . . . . . 848-3713Winkin Field . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 945-4400WWII Monument . . . . . . . . . . . . . . . . . . . . . . . . . . . . 990-3600I2 Beaver CoveBeaver Cove Marina . . . . . . . . . . . . . . . . . . . . . . . . . 695-3526Lily Bay Sand Beach . . . . . . . . . . . . . . . . . . . . . . . . . 695-2880G2 BlanchardPiscataquis River Trip (self guided)G4 BowerbankE7 BradleyMaine Forest & Logging Museum, Leonard’s Mills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 581-2871University of Maine Experimental Forest . . . . . . . . . 581-3624 D6 BrewerBrewer Airport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 989-6255Brewer Centennial Monument . . . . . . . . . . . . . . . . . 989-7050Brewer City Pool . . . . . . . . . . . . . . . . . . . . . . . . . . . . 989-7050Brewer Public Boat Launch . . . . . . . . . . . . . . . . . . . . 989-7050Chamberlain Freedom Park . . . . . . . . . . . . . . . . . . . 989-7050Pine Hill Golf . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 989-3824H5 BrownvilleH5 Brownville JunctionGulf Hagas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 324-8994The Hermitage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 324-8994Katahdin Iron Works . . . . . . . . . . . . . . . . . . . . . . . . . 941-4014Pleasant River West Branch Trip . . . . . . . . . . . . . . . . 955-2561G8 BurlingtonPassadumkeag River Trip (self guided)Stewart M. Lord Memorial Historical Society . . . . . . 732-3236D5 CarmelShady Acres RV & Campground . . . . . . . . . . . . . . . . 848-5515H10CarrollF5 CharlestonWhitetail Golf Course . . . . . . . . . . . . . . . . . . . . . . . . . 285-7730I8 ChesterL3 Chesuncook VillageChesuncook DamChesuncook Lakehouse . . . . . . . . . . . . . . . . . . . . . . 745-5330Webster Brook Trip (self guided)E8 CliftonDean's Landing & Sand Beach . . . . . . . . . . . . . . . . . 843-0709E4 CorinnaThe Corinna Union Academy & Historical Society Museum . . . . . . . . . . . . . . . . . . . . 278-4650Corinna Town Hall . . . . . . . . . . . . . . . . . . . . . . . . . . . 278-4183Corundel Lake Boat Launch . . . . . . . . . . . . . . . . . . . 278-4183Levi Stewart Library & Municipal Building . . . . . . . . 278-2454Morse’s Corner Brick Schoolhouse . . . . . . . . . . . . . . 278-4650F7 CostiganD7 Dedham D4 DetroitThe Detroit Meeting House . . . . . . . . . . . . . . . . . . . 257-4488The Rips Park Area . . . . . . . . . . . . . . . . . . . . . . . . . . 257-4488F4 DexterDexter Health Care . . . . . . . . . . . . . . . . . . . . . . . . . . 924-5516Dexter Historical Society Museum, Tourist Info Center & Grist Mill . . . . . . . . . . . . . . . . . 924-5721Dexter Municipal Golf Course . . . . . . . . . . . . . . . . . . 924-6477Dexter Regional Airport . . . . . . . . . . . . . . . . . . . . . . . 924-7351Wassookeag Lake Sand Beach & Boat Launch . . . . 277-4871Wayside Theater . . . . . . . . . . . . . . . . . . . . . . . . . . . . 924-5988D4 DixmontG4 Dover-FoxcroftArcady Music Festival . . . . . . . . . . . . . . . . . . . . . . . . . 564-7533Blacksmith Shop Museum . . . . . . . . . . . . . . . . . . . . 564-8616Charles A. Chase Jr. Memorial Airfield . . . . . . . . . . . 564-3318Foxcroft Golf Club . . . . . . . . . . . . . . . . . . . . . . . . . . . 564-8887The Maine Highlands Sled Dog Challenge . . . . . . . 564-3318Mayo Regional Hospital . . . . . . . . . . . . . . . . . . . . . . . 564-8401Peaks-Kenny State Park & Sand Beach . . . . . . . . . . 564-2003Penquis Higher Education Center . . . . . . . . . . . . . . 564-2942Piscataquis Canoe Race . . . . . . . . . . . . . . . . . . . . . . 564-3318Piscataquis County Fair . . . . . . . . . . . . . . . . . . . . . . . 564-3318Southern Piscataquis Chamber of Commerce . . . . 564-7533J7 East MillinocketEast Millinocket Public Rest Area . . . . . . . . . . . . . . . 746-3551Index of Places, continued on other side INDEX OF PLACESGreen type: Sports & Recreation side of map Blue type:Both sides of map Tan type:Culture & Heritage side of map(All phone numbers are in Maine 207 area code, except toll-free numbers) G F E D C B A www.themainehighlands.comwww.themainehighlands.com Sports & Recreation and Culture & Heritage MapSports & Recreation and Culture & Heritage Map 11 11 11 11 136 201 15 16 150 157 16 163 179 178 188 212 27 3 6 6 6 6 6 6 7 23 9 9 9 Toll highway 1 1 1A 1A 1 1 2 2 2 2 2 202 1 1A 1 2A 2 202 201 201 201 201A 95 495 95 95 95 95 SAGADAHOC LAND LINCOLN KNOX KENNEBEC WALDO HANCOCK WASHINGT PENOBSCOT PISCATAQUIS OMERSET AROOSTOOK PENOBSCOT BAY CASCO BAY NORTH ATLANTIC OCEAN Chamberlain Lake Che su n c o ok L a k e Eagle L a k e MOOSEHEAD LAKE Big Lake Caucomgomoc Lake Loon Lake Allagash Lake Churchill Lake Chemquasabamticook Lake Grand Lake Matagamon ke Graha m La k e Grand Lake Seboeis Nicatous Lake Pemadumcook Lake Pus h a w L a k eScho od ic L ake Sebec Lake Sebo e i s L ak e Seboomook Lake Squa Pan Lake West Grand Lake Brassua Lake NorthBay Lobster Lake Lily Bay Spence r B ay Millinocket Lake Car i b o u La k e Nahmakanta Lake Rainbow Lake Lake Brewer Lake SouthBranchLake Hermon Pond Chemo Pond Sunkh a z e S t r e a m Cold Stream Pond Upper PondMattanawcook Lake Upper Jo-Mary Lake MiddlerJo-Mary Lake LowerJo-Mary Lake North Twin Lake South Twin Lake East Branch Lake Mattamisomis Lake First Roach Pond Second Roach Pond Third Roach Pond Upper Wilson PondLower Wilson Pond Lake Onawa Lake HebronBald Mountain Pond Great MooseLake Indian Pond Sebasticook Lake Pleasant Lake Lake Wassookeag Scraggly Lake Hay Lake Millinocket Lake Munsungan LakeChase Lake Clear Lake Pleasant Lake Spider Lake Haymock Lake Pillsbury Pond Indian Pond Harrow LakePriestly Lake Long Pond Houston Pond Kennebec RiverSt Joh n Ri v e r BranchWest BranchWest Penob sco t River Trail Appalachian PENOBSC O T R I V E R East Bra n c h Pen o bs c ot R iv e r S Kenne b ec Ri ve r Allagash Ri v er Appalac h ia n Trail Brunswick Naval Air Station Penobscot Indian Res. Petit Manan NWR Carlton PondWaterfowlProductionArea Sunkhaze Meadows NWR AllagashWildernessWaterway Peaks-KennyState Park Lily BayState Park Gulf Hagas Mattawamkeag Wilderness Park Acadia NP Acadia NP Acadia NP Acadia NP Golden Road WestBranch Grand Lake Road Open t o p u b l i c Open Open to Seasonal road NMW Gate NMW Gate NMW Gate to public public Priva t e r o a d K I Road NMW Gate NMW Gate NMW Gate NMW Gate Florencev Up Lac Frontiere Newcastle Damariscotta BlaineMars Hill Port Clyde Greene Whitefield Owls Head Jefferson Vinalhaven Union Livermore Falls North Haven Washington Isle Au Haut Belgrade South China Stonington Lincolnville Deer Isle Frenchboro Liberty Atlantic Albion Sedgwick Mercer Bass Harbor Southwest Harbor Waldo New Vineyard Hinckley Unity Blue Hill Somesville Burnham Carmel Hermon Trenton Dixmont Kingfield Frankfort Winter Harbor Solon Carrabassett Ashville Etna Green Lake Franklin Harmony Corinna Milbridge Wellington Kingsbury Waltham Cherryfield Exeter Corners Charleston Harrington Caratunk Amherst Columb Hudson Kenduskeag Levant Glenburn West Forks WillimanticMonson Abbot StetsonSt.Albans Enfield Lagrange Shirley Mills Lake Parlin Olamon Costigan man Passadumkeag Brownville SebecBowerbank Long Pond Brownville Junction Seboeis RockwoodKineo Kokadjo Lily Bay Beaver Cove West Seboeis Lee Prentiss Pittston Farm Springfield Carroll Norcross North East Carry Seboomook Mattawamkeag WinnChester W Topsfiel Macwahoc Brookton Wytopitlock Chesuncook Village Danforth Sherman Station Haynesville Orient Patten Shin Pond Island Falls North Amity Linneus Smyrna Mills Clayton Lake Littleton Oxbow Monticello Masardis Bridgewater Ashland Westfield Portage Fort Fairfield Yarmouth Freeport Brunswick Topsham Boothbay Harbor Lisbon Falls Wiscasset Richmond Waldoboro Randolph Thomaston Farmingdale Winthrop Chisholm Camden ilton Oakland ngton Winslow Fairfield Searsport Norridgewock Clinton Madison Skowhegan Bar Harbor Bucksport PittsfieldDetroit Plymouth Winterport Hartland Blanchard Newport Palmyra HampdenOrringtonNewburgh Center Newburgh Village Bingham Dexter Orono Milford BradleyStillwater Eddington Clifton Veazie Holden Center Dedham Guilford Sangerville Atkinson Corner Alton Mayfield Dover-Foxcroft Milo Medford GreenvilleJunction Howland Burlington SaponacLowell Lincoln Millinocket East Millinocket Woodville Houlton Medway Upper Sysladobsis Lake Sysladobsis Lake Lombard Lake Junior Lake Greenville Chesuncook Dam Ripogenus Dam Hallowell Bath Brewer Presque Isle Gardiner Rockland Belfast Ellsworth Old Town uth Portland Waterville Lewiston Bangor rtland Augusta Trout Mtn1499 Jo-Mary Mtn2904 Whitecap Mtn3644 KatahdinIron Works Baker Peak3520 Elephant Mtn2647 Mt Kineo1789 Telos Mtn4143 Daicey Mtn1950 Hunt Mtn1525 Mt Chase2440 Green Mtn1687 Big Spencer Mtn3230 Wadleigh Mtn1864 No.4 Mtn Little Spencer Mtn Wadleigh Mtn1133Reed Mtn1895 Mooseluk Mtn2460 Hudson Mtn1935Priestly Mtn1900 Poland Mtn1870 Allagash Mtn1400 Soper Mtn1410 Barren Mtn2671 New Hermon Mtn Ragged Mtn1303 Mt. Jefferson Big Moose Mtn3196 Bald Mtn Charleston Hill Webster Lake KaK kek kk Penobscot enob BaBaxterState Parktate ParParkState Baxterter Perimeter RoadRoad(seasonal)(seas NMWG Stricklandd Mtn2390d MtnCented2902 eakBaxter PBa5267INAHDINKATAH North Brother41434 South Turner MtnSout3122 North Turner Mtnth Turn3323 Traaveler Mtn3541 Ambajejus Lake Culture & HeritageCulture & Heritage Airport (international) Airfield/landing strip/seaplane baseChamber office Covered bridge Forest gatehouse/ranger stationFort Higher educational institution Historic monumentHospital Local event MuseumPicnic/rest area Scenic overlook State parkTheater Tourist information center Unique churchUnique natural area KEY TO MAP SYMBOLS Where we are TheMaineHighlands MAINE CANADA Flying DutchmanPaintball MAINE’S FINEST FIELD150 rental guns18 years experienceCorporate, private, birthday, &bachelor party games available 207-564-3369www.flyingdutchmanpaintball.com Moosehead FurnitureFactory Outlet Factory Seconds, Show Samples, Prototypes,Discontinued Styles, Freight Damaged, Overruns97 East Main Street, Dover-Foxcroft 207-564-2600Monday–Saturday 9 AM– 5 PM The GuilfordBed & Breakfast Warm, elegant and inviting.24 Elm StreetPO Box 88Guilford, ME207-876-3477www.guilfordbandb.com Your partners in better health. Mayo Regional Hospital897 West Main StreetDover-Foxcroft, ME207-564-8401mayohospital.com Lovley’s Motel Quality comfort right off I-95 at Exit 157Your gateway to The Maine HighlandsMoosehead Trail, Newport, ME 04953 1-800-666-6760 a Maine Made Crafts,Gifts & Florals Over 150 Maine Craftsmen sharing their talentsMany gift items from some of the most popular linesFresh flowers for all occasionsMember of Teleflora and 1-800-FLOWERS 24 Main Street, Lincoln, Maine 207-794-2552 Over 80 stores… D 663 Stillwater Ave.,Bangor, ME 04401207-947-7333 www.bangormall.com ComeVisit Bangor For all your meeting, convention& vacation informationGreater Bangor CVBPO Box 1938Bangor, ME 044021-800-91-MOOSEwww.bangorcvb.org Get here before anyone can say, “Are we there yet?” 1.866.FLY-BANGORflybangor.com Travel smart to The MaineHighlands.Fly throughBangor.BGR Comfort &Hospitality…The Bangor Ramada InnCentral Maine’s most accommodating full service hotel Ramada Inn357 Odin RoadBangor, ME 044011.800.445.7787www.bangorramada.com 12345678910 P 0 N M L K J I H G F E D C B A Make Bud’s your firststop when visiting The Maine Highlands.Newport PlazaNewport, ME 04953207-368-4733 PittsfieldDexter Newport Full Service Grocery Store Since 1953Agency Liquor Store Garden Island Cleaners We take pride in being thecleanest and friendliest laundry,dry cleaning and tanning facilityin the Sebasticook Valley Area. Triangle PlazaNewport, ME 04953207-368-4714 The friendliesthotels are alwaysBEST! Best Inn570 Main StreetBangor, ME 04401www.bangorbestinn.com Your home away from homewhen visiting the University of Maine and The Maine HighlandsBlack Bear Inn4 Godfrey DriveOrono, ME 044731.800.528.1234www.blackbearinnorono.com 12345678910Maine Quest Adventures We are the Katahdin and Lincoln Lakesoutfitter providing outdoor enthusiasts with all their adventure needs. P.O. Box 197Medway, Maine 04460207.746.9615 or 290.1773adventures@MaineQuestAdventures.com UNDER NEW MANAGEMENTPool & hot tubs Free continental breakfast and newspaper Restaurant and sports bar on-siteWireless high speed internet in rooms973 Central StreetMillinocket, ME 04462207-723-9746 800-575-9746www.pamolamotorlodge.com Sea Level0–150 Ft.150–300 Ft.300–600 Ft.600–1200 Ft.1200–1800 Ft.1800–3000 Ft.3000–4500 Ft. ELEVATIONS Index of Places, continued from other sideE7 EddingtonGreenwood Acres Campground . . . . . . . . . . . . . . . . 989-8898G7 EnfieldCold Stream Pond, Morgan’s Beach . . . . . . . . . . . . 732-4270Lakeside Camping & Cabins . . . . . . . . . . . . . . . . . . . 732-4241F5 EtnaEtna Pond Boat Launch . . . . . . . . . . . . . . . . . . . . . . 269-3551F5 Exeter CornersMemory Lane Museum . . . . . . . . . . . . . . . . . . . . . . . 379-4600Exeter Town Hall . . . . . . . . . . . . . . . . . . . . . . . . . . . . 379-2191E6 Glenburn H2 Greenville#4 Mountain TrailBarren Mountain TrailBig Lake Equipment . . . . . . . . . . . . . . . . . . . . . . . . . 695-4487Big Moose Mountain Hiking TrailBig Moose Mountain Resort . . . . . . . . . . . . . . . . . . . 695-1000Borestone Mountain TrailC.A. Dean Memorial Hospital . . . . . . . . . . . . . . . . . . 695-2223Casey's Spencer Bay Camps . . . . . . . . . . . . . . . . . . 695-2801Greenville Municipal Airport . . . . . . . . . . . . . . . . . . . 695-2421Kennebec River Trip . . . . . . . . . . . . . . . . . . . . . . . . . 695-2421Lily Bay State Park . . . . . . . . . . . . . . . . . . . . . . . . . . . 695-2700Moose Mania Festival . . . . . . . . . . . . . . . . . . . . . . . . 695-2702Moosehead Chamber of Commerce . . . . . . . . . . . . 695-2702Moosehead Family Campground . . . . . . . . . . . . . . . 695-2210 Moosehead Historical Society, Eveleth-Crafts-Sheridan Historical Home . . . . . . . . . 695-2909Moosehead Lake Fish & Wildlife Management Area . . . . . . . . . . . . . . . . . . . . . . . . . . . 695-3756Moosehead Marine Museum/ Steamship Katahdin . . . . . . . . . . . . . . . . . . . . . . . . . . 695-2716Seaplane Fly-In . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 695-2421Squaw Village Golf Course . . . . . . . . . . . . . . . . . . . . 695-3609Tourist Info Center off Route 15/6 . . . . . . . . . . . . . 695-2421G3 GuilfordHeritage Festival . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 564-7533Lowes Bridge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 876-2202Piscataquis Country Club . . . . . . . . . . . . . . . . . . . . . . 876-3203D6 HampdenTourist Info Center off Interstate 95 . . . . . . . . . . . . . 862-3034Turtle Head Marina . . . . . . . . . . . . . . . . . . . . . . . . . . 941-8619E3 HartlandGreat Moose Lake Sand Beach & Boat Launch . . . . 938-4401Hartland Town Office, Historical Society, & Opera House . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 938-4401D6 HermonHermon Meadows . . . . . . . . . . . . . . . . . . . . . . . . . . . 848-3741New Hermon Mountain . . . . . . . . . . . . . . . . . . . . . . 848-5192Pumpkin Patch RV Resort . . . . . . . . . . . . . . . . . . . . . 848-2231D7 Holden CenterFields Pond Nature Center . . . . . . . . . . . . . . . . . . . . 989-2591Lucerne Golf Course . . . . . . . . . . . . . . . . . . . . . . . . . 843-6282Red Barn Campground . . . . . . . . . . . . . . . . . . . . . . . 843-6011G7 HowlandF6 HudsonF7 Indian IslandPenobscot Nation Cultural Center . . . . . . . . . . . . . . 827-4168Penobscot Nation Museum . . . . . . . . . . . . . . . . . . . 827-4153L9 Island FallsBirch Point . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 463-2515 E6 KenduskeagKenduskeag Stream Trip . . . . . . . . . . . . . . . . . . . . . . 884-7947K2 KineoKineo Golf Course . . . . . . . . . . . . . . . . . . . . . . . . . . . 534-9012Mount Kineo Hiking TrailsJ3 KokadjoRoach River Trip (self guided)G6 LagrangeH9 LeeLee Historical Society & Museum . . . . . . . . . . . . . . . 738-5014Mount Jefferson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 738-2377E6 LevantH8 LincolnCold Stream Pond Sand Beach . . . . . . . . . . . . . . . . 794-3372Green Valley Golf Course . . . . . . . . . . . . . . . . . . . . . 732-3006JaTo Highlands Golf Course . . . . . . . . . . . . . . . . . . . 794-2433Lincoln Lakes Region Chamber of Commerce . . . . 794-8065Lincoln Regional Airport . . . . . . . . . . . . . . . . . . . . . . 794-3372Mattanawcook Lake Sand Beach . . . . . . . . . . . . . . . 794-3372Penobscot Valley Hospital . . . . . . . . . . . . . . . . . . . . . 794-3321Prince Thomas Park & Boat Launch . . . . . . . . . . . . . 794-3372River Driver’s Supper . . . . . . . . . . . . . . . . . . . . . . . . . 794-3372River’s Edge Campground . . . . . . . . . . . . . . . . . . . . . 794-8684G8 LowellI9 MattawamkeagMattawamkeag River Trip . . . . . . . . . . . . . . . . . . . . . 736-2464Mattawamkeag Wilderness Park Campground . . . . 290-0205Wytopitlock River Trip . . . . . . . . . . . . . . . . . . . . . . . . 736-2464F2 MayfieldG6 MedfordJ8 MedwayKatahdin Shadows Campground . . . . . . . . . 1-800-794-5267Macwahoc River Trip . . . . . . . . . . . . . . . . . . . . . . . . . 746-9531Medway Recreation Complex . . . . . . . . . . . . . . . . . . 746-9531Pine Grove Campground & Cottages . . . . . . . . . . . . 746-5172 Tourist Info Center off Route 157/11 . . . . . . . . . . . 723-7006Wooden Canoe Festival . . . . . . . . . . . . . . . . . . . . . . 723-4443E7 MilfordSunkhaze Meadows National Wildlife Refuge . . . . . 827-6138J7 MillinocketBaxter State Park . . . . . . . . . . . . . . . . . . . . . . . . . . . . 723-5140Big Moose Inn Cabins & Campground . . . . . . . . . . 723-8391The Boomhouse at Ambajejus Lake . . . . . . . . . . . . 723-7006Hidden Springs Campground . . . . . . . . . . . . 1-888-685-4488Jo-Mary Lake Campground . . . . . . . . . . . . . . 1-800-494-0031Katahdin Area Chamber of Commerce . . . . . . . . . . 723-4443Millinocket Municipal Airport . . . . . . . . . . . . . . . . . . . 723-6649Millinocket Municipal Hiking Trails . . . . . . . . . . . . . . 723-7006Millinocket Regional Hospital . . . . . . . . . . . . . . . . . . 723-5161Nesowadnehunk Campground . . . . . . . . . . . . . . . . . 548-1551Nesowadnehunk Stream Trip . . . . . . . . . . . . . . . . . . 723-7006Pemadumcook Lake Sand Beach . . . . . . . . . . . . . . . 723-7006Spencer Cove at Ambajejus Lake Boat Launch . . . . 723-7006G5 MiloKatahdin Country Club . . . . . . . . . . . . . . . . . . . . . . . 943-2686G3 MonsonA Fierce Chase Cross Country Ski Area . . . . . . . . . . 997-3971Finnish Farmers Club Finnish Dancing . . . . . . . . . . . 564-0866D5 Newburgh CenterD4 Newburgh VillageD4 NewportChristies Campground . . . . . . . . . . . . . . . . . . . . . . . . 368-4645Downtown Restoration River Walk . . . . . . . . . . . . . . 368-4410Madawaska Wildlife Management Area . . . . . . . . . . 368-4410Mullen Woods Preserve & Hiking Trail . . . . . . . . . . . 368-4410Multipurpose Abandoned Railroad Line . . . . . . . . . . 368-4410Newport Country Club . . . . . . . . . . . . . . . . . . . . . . . 368-5600Newport Historical Society Museum . . . . . . . . . . . . 368-5575Newport Sprint Sled Dog Race . . . . . . . . . . . . . . . . . 368-4698Nokomis Pond Boat Launch . . . . . . . . . . . . . . . . . . . 368-4410Sebasticook Lake Sand Beach & Boat Launch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 368-4410 Sebasticook Lake Campground . . . . . . . . . . . 1-800-319-9333Tourist Info Center off Interstate 95, Exit 157 . . . . . 368-4698K2 Northeast CarryE7 Old TownCanoe Hullabaloo . . . . . . . . . . . . . . . . . . . . . . . . . . . 827-3972Old Town Marine Museum . . . . . . . . . . . . . . . . . . . . 827-4576Old Town Municipal Airport . . . . . . . . . . . . . . . . . . . 827-7175Old Town Museum . . . . . . . . . . . . . . . . . . . . . . . . . . 827-7256Penobscot Indian Reservation . . . . . . . . . . . . . . . . . 827-7776University of Maine Experimental Forest . . . . . . . . . 581-3624E7 OronoAlfond Arena . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 581-1103Hudson Museum . . . . . . . . . . . . . . . . . . . . . . . . . . . . 581-1901Littlefield Ornamental Gardens . . . . . . . . . . . . . . . . . 581-1110Mahaney Diamond . . . . . . . . . . . . . . . . . . . . . . . . . . 581-1110Maine Center for the Arts . . . . . . . . . . . . . . . . . . . . . 581-1755Maine Forest & Logging Museum . . . . . . . . . . . . . . . 581-2871Orono Bog Boardwalk . . . . . . . . . . . . . . . . . . . . . . . . 866-2556Page Farm Museum . . . . . . . . . . . . . . . . . . . . . . . . . 581-4100Penobscot Valley Country Club . . . . . . . . . . . . . . . . 866-2060Pushaw Lake Campground . . . . . . . . . . . . . . . . . . . . 945-4200University of Maine . . . . . . . . . . . . . . . . . . . . . . . . . . 581-1110University of Maine Experimental Forest . . . . . . . . . 581-3624D6 OrringtonCurran Homestead . . . . . . . . . . . . . . . . . . . . . . . . . . 945-9311Rocky Knoll Country Club . . . . . . . . . . . . . . . . . . . . . 989-0109E3 PalmyraNature's Way Campground . . . . . . . . . . . . . . . . . . . . 487-3406Palmyra Outdoor Resort & Golf Course . . . . . . . . . . 938-4947Sebasticook Valley Chamber of Commerce . . . . . . 368-4698G7 PassadumkeagL8 PattenMatagamon Wilderness . . . . . . . . . . . . . . . . . . . . . . . 446-4635Patten Lumberman's Museum . . . . . . . . . . . . . . . . . 528-2650Seboeis River Trip (self guided) . . . . . . . . . . . . . . . . 528-2215Shin Pond Village Campground . . . . . . . . . . . . . . . . 528-2900 E7 Penobscot NationD3 PittsfieldDouglas Pond Boat Launch . . . . . . . . . . . . . . . . . . . 487-3136Central Maine Egg Festival . . . . . . . . . . . . . . . . . . . . 487-3136Farnham Brook Forest . . . . . . . . . . . . . . . . . . . . . . . . 487-3136Grant Road Forest . . . . . . . . . . . . . . . . . . . . . . . . . . . 487-3136J.W. Parks Golf Course . . . . . . . . . . . . . . . . . . . . . . . 487-5545Maine Central Institute, & Bossov Ballet Theatre . . . 487-3355Manson Park Pool . . . . . . . . . . . . . . . . . . . . . . . . . . . 487-3136Multipurpose Abandoned Railroad Line . . . . . . . . . . 487-3136Peltoma Woods Forest . . . . . . . . . . . . . . . . . . . . . . . 487-3136Pittsfield Historical Society Depot House Museum . . . . . . . . . . . . . . . . . . . . . . . 487-3447Pittsfield Municipal Airport . . . . . . . . . . . . . . . . . . . . . 487-5213Sebasticook Valley Hospital . . . . . . . . . . . . . . . . . . . . 487-5141Sibley Pond Forest . . . . . . . . . . . . . . . . . . . . . . . . . . . 487-3136D4 PlymouthPlymouth General Store . . . . . . . . . . . . . . . . . . . . . . 257-2134Plymouth Pond Boat Launch & Sand Beach . . . . . . 257-4646Round Pond Sand Beach . . . . . . . . . . . . . . . . . . . . . 257-4646I10 PrentissJ1 RockwoodThe Birches Cross Country Ski Area & Resort . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-800-825-9453Old Mill Campground & Cabins . . . . . . . . . . . . . . . . 534-7333Seboomook Wilderness Campground . . . . . . . . . . . 534-8824E3 St. AlbansBig & Little Indian Pond Sand Beaches . . . . . . . . . . 938-4568Big & Little Indian Pond Boat Launches . . . . . . . . . . 938-4568Devil's Head . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 938-4568St. Albans Historical Society . . . . . . . . . . . . . . . . . . . 938-2828St. Albans Town Hall & Historic Auditorium . . . . . . . 938-4568St. Albans Wildlife Management Area . . . . . . . . . . . 938-4568G3 SangervilleG9 SaponacG4 Sebec H7 Seboeis K1 SeboomookPenobscot River West Branch Trip (self guided)H2 Shirley MillsH10SpringfieldSpringfield Fair . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 738-2176E7 StillwaterE5 StetsonPleasant Lake Sand Beach & Boat Launch . . . . . . . 296-3232Stetson Meeting House . . . . . . . . . . . . . . . . . . . . . . . 296-3232Stetson Shores Campground . . . . . . . . . . . . . . . . . . 296-2041Stetson Union Church . . . . . . . . . . . . . . . . . . . . . . . . 296-3232E7 VeazieF2 WellingtonI6 West SaboeisH3 Willimantic Borestone Mountain Sanctuary . . . . . . . . . . . . . . . . 997-3269Tobey Falls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 997-3269I9 WinnC6 WinterportWinterport Marina . . . . . . . . . . . . . . . . . . . . . . . . . . . 223-5055I8 Woodville For more campground information, contact:Department of Conservation, Penobscot River Corridor . .695-3721Maine Appalachian Trail Club . . . . . . . . . . . . . . . . . . . . . . 265-6282Maine Bureau of Public Lands . . . . . . . . . . . . . . . . . . . . . 287-3061North Maine Woods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 435-6213For river condition information contact . . . . . .1-800-262-4455 Promoting fine, handcraftedart and crafts from talented local artisans.See the Moosehead FurnitureOutlet Store for the largestselection of Guild products. The Maine Highlands Guild207-564-0041www.themainehighlands-guild.org Simple, but elegant. Display unit on premises. 100 River Road, Lincoln, Maine 1-888-844-8404mainerealtor@prexar.com Look to Lincoln.The undiscovered Maine. “Building a stronger communitythrough partnerships.” Town of Lincoln63 Main StreetLincoln, ME 04457207-794-3372www.lincolnmaine.org P 0 N M L K J I H G F E D C B A THE MAINE HIGHLANDS CASE STUDY ONE CONT. EXPERIENCE AND QUALIFICATIONS 641 REFERENCES “I have noted that their attention to both our ‘corporate vision’ and the all-important fine details has helped the Penquis Tourism Coalition proceed in its marketing for The Maine Highlands on all fronts.” John Holden, Chair, The Maine Highlands “I have had the opportunity to work with BFT in projects ranging from a branding and development campaign at Bangor International Airport to advertisement development at Eastern Maine Development Corporation, and I found them to have the highest level of creative professionalism of any firm I have worked with. The results speak for themselves as they created a program that had an immediate impact.” Jonathan Daniels, President/CEO, Eastern Maine Development Corporation (Member of The Maine Highlands) “I am impressed with BFT’s principals, their willingness to listen to their clients, learn the nuances of the business and strategically create a plan tailored to the actual rather than perceived needs.” Donna M. Fitchner, Executive Director, Bangor Convention & Visitors Bureau (Member of The Maine Highlands) 32 EXECUTIVE SUMMARYTHE BFT STRATEGIC PLANNING PROCESS CONT.THE BFT STRATEGIC ACCOUNT PLANNING PROCESS CONT.EXPERIENCE AND EXPERTISE CONT.EXPERIENCE AND EXPERTISE—BFT ORGANIZATION AND WORK METHOD CONT. THE MAINE HIGHLANDS CASE STUDY ONE CONT. EXPERIENCE AND QUALIFICATIONS 642 BACKGROUND This is a similar case history to The Maine Highlands, although on a larger scale and international. The major international destination states of America…primarily Florida, California, Nevada and New York…because of their tourism numbers have huge marketing budgets both nationally and internationally. The six states of New England… Vermont, New Hampshire, Maine, Massachusetts, Rhode Island and Connecticut…while receiving a reasonable number of international visitors, did not have resultant marketing funds to compete with the ‘big boys’ (with the possible exception of Massachusetts because of Boston). By combining their marketing forces they could compete…particularly to the markets of Canada, the United Kingdom, Ireland, Germany, France, Japan (and also Mexico). The joint international marketing budget of the six states was substantial (for the region’s size) and enabled them to establish a promotional footprint. As it had to be recognized that Boston was the international air gateway into New England, Massachusetts placed the largest share into ‘the pot’, although it did not have an increased ‘say’ in promotion. Following an RFP, BFT International was appointed to create from scratch the six states’ personality and international marketing presence (with the exception of the existing logo which was to be maintained), primarily for the United Kingdom and Ireland (the countries of the highest visitation) and secondarily for France and Germany. ANALYSIS Though we had reasonable knowledge of New England, we undertook a very detailed tour of the entire region, again with the intent of pinpointing the correct Creative Strategy…this being more complicated because each state represented different marketable benefits. It became evident that the land mass of New England, while not enormous—not quite as large as Washington state, but smaller than Great Britain—was too large to visit in one vacation (probably of two weeks)…one would not expect to see the whole of Great Britain in two weeks. Also, it had to be accepted that New England would not likely be the first place in America that Europeans wanted to visit…Florida first, followed by California, Las Vegas and New York. Also, when national and international visitors tour New England they invariably choose the ‘northern’ route (taking in northern Massachusetts, New Hampshire and Maine) or the ‘southern’ route (taking in New Hampshire’s coast and its mountains), a little of southern Vermont, western Massachusetts, and Rhode Island. So, it became clear that northern Vermont, northern New Hampshire and Connecticut had to accept a secondary status (to some degree). It was understood that once seen, New England created an irresistible temptation to visit again (and often. 33 EXECUTIVE SUMMARYTHE BFT STRATEGIC PLANNING PROCESS CONT.THE BFT STRATEGIC ACCOUNT PLANNING PROCESS CONT.EXPERIENCE AND EXPERTISE CONT.EXPERIENCE AND EXPERTISE—BFT ORGANIZATION AND WORK METHOD CONT. DISCOVER NEW ENGLAND A MAJOR DESTINATION SUCCESS STORY CASE STUDY TWO EXPERIENCE AND QUALIFICATIONS 643 STRATEGY AND CREATIVE RECOMMENDATIONS After quickly comprehending New England’s ‘heart and soul’, and reviewing the region’s overall budget compared with its competition, BFT recommended that the greatest ‘bang for the buck’ would come primarily from public relations… or, more accurately, destination relations. Internationally, key US states have destination relations offices in major parts of the world…instigating PR, but in the precise way required for tourism. We initiated an explanatory phrase for New England tourism which was loved by the client group, but never actually taken up as a tag line (perhaps understandably): New England is America with the volume turned down. It really is! That became the creative tone of voice for all PR, advertising and promotion. A major factor in destination relations are familiarization trips (fam tours) given to major travel journalists. This requires a particular talent to promote and administer as travel journalists have been everywhere (and usually on someone else’s dime). The magic is to contact the journalist and establish not just where they would like to write about, but what subject matter…for example, cycling in a region, or fishing, or monument visiting, or craft searching, etc…and then build their visit around that. BFT staff would accompany the journalist and the region would set up the accommodation, etc. RESULTS AND CONCLUSION BFT created thousands of press column inches and television minutes. In fact, BFT’s office became the ‘port of call’ for press information on New England (constantly manned by one person). The result of a lot of hard work was an incredible impact on the identified tourism industry. After creating a brand stance and a communication plan, agreed by all six New England states, BFT’s work increased inbound visitation by an astonishing 92% over five years. This equated to over 200,000 extra people vacationing in New England… not a lot compared, say, to Florida statistics, but huge for New England. The statistics for states most likely to be visited (not totaling 100% because of large overlap) actually follow BFT original hypothesis: Massachusetts 57.3%; Maine 40.8%; New Hampshire 40.4%; Rhode Island 35.6%; Connecticut 30.3%: and Vermont 25.8%. As with all destinations (anywhere in the world), print media is becoming less and less important, particularly for a region like New England. Word of mouth is by far the first ‘recommendation’ (73.9%), followed by on-line searching (63.4%), and way behind is print (23.2%), and last is social media (14.5%)…this not being surprising because of the age range of New England visitors. (These percentages again do not total 100% because of the many variables.) 34 EXECUTIVE SUMMARYTHE BFT STRATEGIC PLANNING PROCESS CONT.THE BFT STRATEGIC ACCOUNT PLANNING PROCESS CONT.EXPERIENCE AND EXPERTISE CONT.EXPERIENCE AND EXPERTISE—BFT ORGANIZATION AND WORK METHOD CONT. DISCOVER NEW ENGLAND A MAJOR DESTINATION SUCCESS STORY CASE STUDY TWO CONT. EXPERIENCE AND QUALIFICATIONS 644 EXAMPLE MARKETING EXECUTIONS 35 EXECUTIVE SUMMARYTHE BFT STRATEGIC PLANNING PROCESS CONT.THE BFT STRATEGIC ACCOUNT PLANNING PROCESS CONT.EXPERIENCE AND EXPERTISE CONT.EXPERIENCE AND EXPERTISE—BFT ORGANIZATION AND WORK METHOD CONT. DISCOVER NEW ENGLAND As the work BFT undertook for Discover New England primarily fell under the broadest heading of Public Relations—from press releases, to placed magazine articles, to familiarization tours, to press presentations, to travel agent presentations, to conference presentations—we do not have typical press cuttings to show and (of course) not presentations. However, we show here examples of regular newsletters that were written, created and published to all aspects fo the travel industry— trade and consumer—these are front pages (inside pages continue the issue’s theme and add news and regular items). CASE STUDY TWO CONT. EXPERIENCE AND QUALIFICATIONS 645 36 EXECUTIVE SUMMARYTHE BFT STRATEGIC PLANNING PROCESS CONT.THE BFT STRATEGIC ACCOUNT PLANNING PROCESS CONT.EXPERIENCE AND EXPERTISE CONT.EXPERIENCE AND EXPERTISE—BFT ORGANIZATION AND WORK METHOD CONT. DISCOVER NEW ENGLAND On this page we have extended the Discover New England creative section to include some further newsletter examples that were written and created for Bangor International Airport…Bangor being one of the larger secondary cities in New England EXAMPLE MARKETING EXECUTIONS CASE STUDY TWO CONT. EXPERIENCE AND QUALIFICATIONS 646 REFERENCE “BFT launched Discover New England and became the stalwart of the brand. Indeed, not only did the agency implement all the usual promotional functions, but their team became the “go to” point of reference for all key contacts…travel agents, the press, and even individual tourists who needed an extra word of advice. I cannot imagine another agency team that would have been so flexible in their role and willing to answer every kind of promotional requirement (and there were many). Adrian Fox’s team were on call literally day and night and always delivered. The agency literally…as it would say “made us famous”. The BFT team is always insightful, astute and dynamic. I would recommend the agency in a heartbeat.” Sarah Graham Mann, Managing Director, Discover New England 37 EXECUTIVE SUMMARYTHE BFT STRATEGIC PLANNING PROCESS CONT.THE BFT STRATEGIC ACCOUNT PLANNING PROCESS CONT.EXPERIENCE AND EXPERTISE CONT.EXPERIENCE AND EXPERTISE—BFT ORGANIZATION AND WORK METHOD CONT. DISCOVER NEW ENGLAND A MAJOR DESTINATION SUCCESS STORY CASE STUDY TWO CONT. EXPERIENCE AND QUALIFICATIONS 647 38 EXECUTIVE SUMMARYTHE BFT STRATEGIC PLANNING PROCESS CONT.THE BFT STRATEGIC ACCOUNT PLANNING PROCESS CONT.EXPERIENCE AND EXPERTISE CONT.EXPERIENCE AND EXPERTISE—BFT ORGANIZATION AND WORK METHOD CONT. WESTERN STATE COLORADO UNIVERSITY BFT was appointed by Western State University in Colorado to change its status from a known college to an accredited university in its own right. The change of name resulted in the university being named Western State Colorado University (WSCU)…not BFT’s choice, but other factors dictated the naming. This was a huge overall project—initially creating a new brand identity logo (left) and subsequently enabling it to work throughout the entire university’s many departments (an added complexity being that a number of departments had been given their own independence, and universities’ faculties tend to be wary of change). Therefore, convincing all departments to use the new brand identity and understanding that the whole would be greater than its constituent parts (because of their previous independence) was a challenge, but one that succeeded. Shown here is a selection taken from the WSCU Brand Identity System Manual. We included all conceivable uses. BFT produced this 80 page document so it covered every possible use for the new brand identity. We cannot include all 80 pages here (25 included and the manual is available for subsequent review), but the comparison of this project to Winer Springs is very clear. BRAND IDENTITY LOGO CREATION AND MANUAL FOR ITS WIDE USE CASE STUDY THREE EXPERIENCE AND QUALIFICATIONS 648 39 EXECUTIVE SUMMARYTHE BFT STRATEGIC PLANNING PROCESS CONT.THE BFT STRATEGIC ACCOUNT PLANNING PROCESS CONT.EXPERIENCE AND EXPERTISE CONT.EXPERIENCE AND EXPERTISE—BFT ORGANIZATION AND WORK METHOD CONT. WESTERN STATE COLORADO UNIVERSITY BRAND IDENTITY LOGO CREATION AND MANUAL FOR ITS WIDE USE CASE STUDY THREE CONT. EXPERIENCE AND QUALIFICATIONS 649 40 EXECUTIVE SUMMARYTHE BFT STRATEGIC PLANNING PROCESS CONT.THE BFT STRATEGIC ACCOUNT PLANNING PROCESS CONT.EXPERIENCE AND EXPERTISE CONT.EXPERIENCE AND EXPERTISE—BFT ORGANIZATION AND WORK METHOD CONT. WESTERN STATE COLORADO UNIVERSITY BRAND IDENTITY LOGO CREATION AND MANUAL FOR ITS WIDE USE CASE STUDY THREE CONT. EXPERIENCE AND QUALIFICATIONS 650 REFERENCE “BFT International was appointed having competed against 29 agencies. Their presentation displayed an immediate understanding of our branding needs—the smooth transition from college to university. Following BFT’s detailed Brand Audit research and planning, involving discussion with all of the institution’s main disciplines, we were presented with a new brand identity that was both correctly positioned in the evolving higher education marketplace and visually memorable. BFT’s work was enthusiastically received and has been embraced by the University’s community and its activities. Throughout this complicated process the agency was called upon to answer many tangential issues and their team responded quickly and adeptly, often having to solve problems that required maintaining the brand’s integrity within the needs of specific departmental circumstances. In all instances their team solved each issue to the complete satisfaction of our department heads. Whatever the question or problem posed to BFT, their approach remains professional, calm and good humored. This makes for a very productive and pleasant working relationship and one that has been most appreciated as we embark on the new era of being a university. I highly recommend their services.” Jay Helman, President, Western State Colorado University 41 EXECUTIVE SUMMARYTHE BFT STRATEGIC PLANNING PROCESS CONT.THE BFT STRATEGIC ACCOUNT PLANNING PROCESS CONT.EXPERIENCE AND EXPERTISE CONT.EXPERIENCE AND EXPERTISE—BFT ORGANIZATION AND WORK METHOD CONT. WESTERN STATE COLORADO UNIVERSITY BRAND IDENTITY LOGO CREATION AND MANUAL FOR ITS WIDE USE There are many more creative examples from our branding and destination clients’ that we could show in this RFP response, but we have limited ourselves to three. CASE STUDY THREE CONT. EXPERIENCE AND QUALIFICATIONS 651 42 EXECUTIVE SUMMARYTHE BFT STRATEGIC PLANNING PROCESS CONT.THE BFT STRATEGIC ACCOUNT PLANNING PROCESS CONT.EXPERIENCE AND EXPERTISE CONT.EXPERIENCE AND EXPERTISE—BFT ORGANIZATION AND WORK METHOD CONT.PRESS RELEASES LOGISTICS The methodology for distributing press releases is now massively simpler than it used to be. While we maintain a key group of relevant contacts (journalists) for each client for specific impact, we use an online distribution service that is very cost effective and very efficient (we get the digital response the day the release is published). Depending on the topic of the release we either base its content on our knowledge or instigate desk research to ‘tease’ out interesting facts— journalists appreciate such content. After client approval the release is digitally published (with photography) to either specific regions or nationally, and key contacts are provided with their own copies. Indeed, the content of a release can be just for individual journalists. The actual content of a release is difficult to show here. It can be seen that it contains a main headline, a sub-headline the bilk of the release, a template at the base of consistent information, a ‘call-out’ quotation (which we can take as given or write for the person to approve) and a number of shots and logos. that is the way journalists now like releases and this format receives excellent response. The following page includes the same format for a different client. EXPERIENCE AND QUALIFICATIONS 652 43 EXECUTIVE SUMMARYTHE BFT STRATEGIC PLANNING PROCESS CONT.THE BFT STRATEGIC ACCOUNT PLANNING PROCESS CONT.EXPERIENCE AND EXPERTISE CONT.EXPERIENCE AND EXPERTISE—BFT ORGANIZATION AND WORK METHOD CONT.PRESS RELEASES EXPERIENCE AND QUALIFICATIONS 653 SOCIAL MEDIA—LET’S BE REALISTIC RATHER THAN TALK INDUSTRY JARGON 44 EXECUTIVE SUMMARYTHE BFT STRATEGIC PLANNING PROCESS CONT.THE BFT STRATEGIC ACCOUNT PLANNING PROCESS CONT.EXPERIENCE AND EXPERTISE CONT.EXPERIENCE AND EXPERTISE—BFT ORGANIZATION AND WORK METHOD CONT.SOCIAL MEDIA, DIGITAL OPTIMIZATION AND DIGITAL MARKETING The hype claims that there is now a perfect marketing method that places organizations directly in front of their customers, costs little and generates business…that being social media (such as Facebook, Twitter, LinkedIn, etc). Unfortunately, that is invariably not the case. Many organizations believe that it is mandatory to promote themselves via social media (asking to “like us”). Certainly, for pure retail marketing, social media ‘word-of-mouth’ action is powerful. However, the entire subject of social media can be a minefield… there are pros and cons. PROS: In summary, without a social media presence an organization (brand) can loose credibility. Social media builds trust and credibility…often it is the first thing a potential target audience member checks. It also demonstrates that the organization is accessible (rather than its competition being the first choice). It has been said that opting out of social media is like having the competition answer the phone to potential customers. Even if not being totally active on social media, it is an extremely valuable asset for feedback—for winter Springs it is a free research tool to build relationships and to be seen as welcoming. CONS: Again, in summary, organizations have been damaged by not thinking twice before uploading social media content—it sounds so obvious to check, but it is important to note who has the power to upload. There is a tendency to self-promote and that is not the purpose of social media…that being immediately noted by the reader. Placing anything online should be part of an ongoing strategy, not ad hoc. And if replying to an unhappy, say, resident, it is always the right action not to be condescending. In the case of a City, the use of social media can be a very powerful tool for name recognition, branding and awareness. As we have stated, we refer to this as being a part of the target audiences’ ‘Portfolio of Choices’… the all-important aspect of who is top-of-mind when planning a a visit or move. But maintaining a social media campaign can be fraught with difficulties—it is time consuming and expensive to be all things to all platforms. The question arises of how social media should be handled internally, organizations often giving the role of social media spokesperson to a member of staff who may be more in tune with the networks’ than the organization’s strategic dynamics and its brand core values. Just one unintentional post can undo a great deal of brand marketing and even cause customer friction that is expensive and time consuming to correct. This is an area where we can make a recommendation. Our proposed approach for social media is to choose depth over breadth…to focus efforts on what is most memorable and most controllable, rather than cover everything in less detail. A perfect vehicle for this is video. For social media we regularly produce highly economical video in many forms. We have not included video work in our costings, this can be discussed. Taking everything into consideration, it is clearly advantageous to have a social media presence as long as it is not a strain on the organization and is kept up to date…there being nothing worse in the marketplace than an organization’s social media content being out of date. BFT can advise and set up whatever is deemed necessary, but it is the organization that has to manage its site daily. EXPERIENCE AND QUALIFICATIONS 654 45 EXECUTIVE SUMMARYTHE BFT STRATEGIC PLANNING PROCESS CONT.THE BFT STRATEGIC ACCOUNT PLANNING PROCESS CONT.EXPERIENCE AND EXPERTISE CONT.EXPERIENCE AND EXPERTISE—BFT ORGANIZATION AND WORK METHOD CONT. Digital optimization This is a very large topic and it is not BFT’s place here to teach the subject…if that is necessary we can arrange a short seminar. It has become fundamental knowing not just where an organization falls in search engines’ results, but to know who is searching, how they are searching, where they are searching on the organization’s website, how long they stay, and we know what site they came from. It can be seen how gaining all that information is invaluable to campaign planning. The advantage of this ongoing data has alongside it a disadvantage…as an organization rises up search engine results (above the fold as it is called), then dipping out of the digital marketplace means that others will ‘grab’ the advantages gained. Therefore, if embarking on a digital optimization, it should be realized that it should become part of the ongoing marketing budget. All aspects are financially capped to avoid overspending. There is a lot to consider. For limited budgets (and to avoid expense) we concentrate on SEO (Search Engine Optimization), Google Display (on-line advertisements) and Retargeting (reaching the viewer after he/she has visited the website). PPC (Pay Per Click tends not to be cost-effective.) Regular blogs are important to alert search engines (which we can write). We provide monthly (or more frequent) reports or presentations…these being designed to be very straightforward, for example: Digital marketing We use social media platforms very successfully for marketing directly to specific target groups. LinkedIn is very good to attract business people to a destination. Facebook is excellent for more personal messages. All these platforms carry advertising in many forms, shapes and sizes and all are monitored in the same way as above. Unlike digital optimization we can quickly change, prolong or cancel campaigns…testing different demographics and regions against different messages. Again a large topic which we will be happy to discuss. Actuate Media For all BFT’s clients who embark upon some or all of the above (which is most), under the control and direction of BFT we work closely with Actuate Media (their local office being in Tampa). Actuate is accredited as one of the foremost teams in digital marketing…their results speak for themselves. EXPERIENCE AND QUALIFICATIONS SOCIAL MEDIA, DIGITAL OPTIMIZATION AND DIGITAL MARKETING CONT. 655 46 EXECUTIVE SUMMARY We create advertising knowing the media budget—rather than squeeze a creative concept into a budget too small to highlight its potential impact. And our media team understands the objectives to deliver the required impact for the campaign. The best approach is to decide what we are going to communicate, know in advance the available budget, and then create the executions to fit that budget. Otherwise, a TV spot, for example, invariably loses all its production values because it is a big idea made to fit a small budget. Far better to produce impactful advertising that is designed to fit the available budget. BFT MAKES NO CHARGE FOR MEDIA PLANNING, BOOKING, PLACEMENT AND REPORTING We do not have to charge for media planning, buying or reporting. In line with all our profession, media owners provide us with 15% commission on all media. BFT is a very strong media negotiator and has exceedingly good relations with the media—we deliver enviable rates. We invoice at the beginning of the month of insertions to enable us to pay the media on time. All media options are viewed equally. Not only do we focus on what medium should be used against the set target audiences, we pay close attention to how the media choice must work in association with the creative content. Target audience members have to feel associated to the media viewed, listened-to or read so they have an association with the brand. That is what we all do when Mazda says “Zoom Zoom”, when McDonalds says “I’m loving it”, when De Beers says “A Diamond is Forever”, or when L’Oreal says “Because You’re Worth It”. Media cannot be planned and bought in isolation to its creative content. We use a three step media planning and buying process: a) Setting the Media Objectives—matching the overall Communication Plan, b) Developing a Media Buying Strategy—deciding in advance what tactics to deploy when buying each medium, and c) Setting parameters for the evaluation of the plan. The precise demographic and psychographic target audience definitions will have been set by BFT’s Account Planning process and approved by the client. In addition to these standard categorizations, a further useful concept is the grouping of target audience members who have had similar experiences and who, therefore, maintain similar attitudes. This gives rise to groupings like ‘Baby Boomers’ or ‘Generation X’ etc. We take note of likely primary and secondary target audience splits—those that will play a major role in purchase decisions and those that have a less decisive purchasing role. Clearly, considering all these aspects, it is not satisfactory to just define Winter Springs target audiences, we have to be much more precise. With reference to broadcast media, we measure all media planning using ‘reach’, ‘gross rating points’ and then calculating the ‘frequency’—frequency equalling gross rating points divided by reach. We also use the units of ‘opportunities to see’ (OTS) and ‘opportunities to hear’ (OTH). This is a perfect way of demonstrating to clients how potential advertising effectiveness over different years will be affected by budget availability (differently from just ‘cost per thousand’). Print media is less sophisticated in this respect, but some have their own systems— for example, a factor of the assumed number of people who will see the medium, multiplied by its circulation, this equalling its readership. All such data must be viewed cautiously. Obviously, all this is very summarized—the actual implementation being significantly more technical than outlined here. Our role is to implement all aspects of media ensuring that advertising is highly negotiated, strategically placed, and correctly delivered to the reader/viewer/listener. MEDIA PLANNING, BUYING AND REPORTING EXPERIENCE AND QUALIFICATIONS 656 Winter Springs community outreach program should build as many bridges as possible between the City and those people and organizations in the community that both have influence and will appreciate information. Winter Springs potential catchment area is broad and might be difficult to cover regularly. We assume that the City currently undertakes some form of outreach…for example, local civic associations are always looking for speakers—an excellent way to spread information. The three principles we work to for outreach presentations (or even for more social gatherings) are: a) Inform and educate— to better understand the value of the message; b) Establish credibility—building goodwill; and, equally important, c) Gathering information—an aspect often overlooked (in the same way that social media is a terrific tool for almost free research). Outreach is very much an arm of public relations. Obviously, the media in general are a prime target as are community organizations. Categories that are sometimes overlooked are the business community, higher educational establishments and the value of elected officials. We view outreach in exactly the same way we view every facet of marketing promotion—outreach presenters must be aware of the perceptions of the audience being addressed (positive or negative). This is important for winter Springs, being located relatively close to potentially competing cities. The great thing about undertaking an outreach presentation is that it can be mounted quickly to address specific negatives— ideally in tandem with public relations executions—understanding that hardly a day goes by at a city without it having to address some form of local comment…this being excellent fodder for an outreach presentation. BFT has often joined our client’s representative in major presentations and events—the general public being invariably interested in what an advertising agency has to say. We view such events largely under account management, thus making our attendance highly economic. Above we talk about “outreach”…we might turn this around and refer to “inreach” (a terrible word, but we mean city events). In most instances (not all) existing and potential new residents are highly interested in what the city has planned. Each city has specific issues it likes to cover to its target audience…a subject these days is drone usage, a topic very much on many people’s minds. Such a subject is low hanging fruit for the local media (especially television). BFT is always happy to act as a sounding board for outreach ideas and methodologies. 47 EXECUTIVE SUMMARYOUTREACH BUILDING BRIDGES EXPERIENCE AND QUALIFICATIONS 657 BFT works to the Brand Group system…’grouping’ the key members of BFT’s team for each client. In this way all aspects of the client’s business is known by all Brand Group members even if their function is not current. The entire BFT team is available to be brought into the group as necessary...perhaps for an extra view or task. The Winter Springs Brand Group will be headed by Adrian Fox, BFT’s Managing Director, who will be the City’s primary contact. All members of this group have worked together for between 8 and 21 years. 48 EXECUTIVE SUMMARY Our experience has been gained by working with the world’s most prestigious advertising agency groups headquartered in four international locations Adrian Fox, Managing Director Adrian has 40 years experience in marketing, much of it working with some of the world’s largest and most prestigious marketers in the world’s largest advertising agencies: for example: HSBC, Proctor & Gamble, General Foods, BP Fuels, John Deere, American Airlines, British Airways. He also has enormous experience in the promotion of all forms of tourism (since 1985), aviation, governmental campaigns, economic development, retailing and supermarket products. He firmly believes in the benefit of an advertising agency not specializing in one area of commerce. His work across a huge range of commercial categories has enabled him to draw from knowledge gained of the way one market area has a distinct impact on another. In 1992 Adrian launched BFT International in London, UK, where BFT worked with many major US brands: T J Maxx; United Artists Communications; Ideal Toys; the six states of New England for tourism and economic development; and Converse—moving to Portland, ME, to head BFT’s US office in 1998. He is highly skilled at interpreting research data as the basis for developing strategic brand positioning and focused creative direction—really getting to know the potential consumer in order to develop a single-minded, high impact approach to creativity. Adrian has introduced a significantly different and successful approach to consumer and business brand marketing in regional America—for clients of all sizes. His degree is in Marketing and Business Administration from Leeds University in the UK. Before joining the big world of marketing he worked in radio for the BBC. In the US Adrian served as Vice Chair of the Maine International Trade Center for seven years, he is a member of the British American Business Council of New England, and the World Affairs Council. Cindy Guernsey, Head of Art During her 29 years as an art director, she has created several highly successful, award-winning advertising campaigns, corporate identities, logos, brochures, annual reports, maps, packaging, and point-of-purchase materials for a wide range of industries in both the public and private sectors. She has worked with clients in the fields of aviation, education, food service, tourism, economic development, real estate, consumer, medical, law, publishing, and hi-tech, and she has worked on many projects for state and national government agencies, including the Commonwealth of Massachusetts, the US Department of Agriculture, and US Geological Survey. Cindy’s design style is characterized by a strong sense of typography, texture, clarity, color, and balance. One of her strengths is the ability to distill the essence of a client’s message into a clear user-friendly graphic treatment. Her intent is to strengthen the message through powerful concepts and exceptional design. She has a BA with a concentration in fine arts from Hartwick College in New York. Beth Price, Head of Copy Simply stated, Beth is an outstanding writer. Her copy is creative, persuasive and compelling. She turns planned research into promotional material that is highly readable and powerful. She says “Toss me a deadline and I’ll write clear, flowing copy and polish it until it shines!” Her award winning writing has covered advertising, collateral, websites, journalism, public relations and documentaries across a huge range of commercial categories. Working with BFT, writing for airports, Beth has always created the elusive ‘edge’ so often needed in a generic marketplace. She has also worked in industry for the StockHouse Media Corporation, Micro Dynamics, and Gulfcoast Wonder & Imagination Zone. Beth graduated from Georgetown University majoring in English Language and Literature and minoring in Economics We’ve worked with the biggest brands in the world—examples: BFT INTERNATIONAL—FAMILY TREESENIOR MEMBERS OF BFT’S WINTER SPRINGS BRAND GROUP EXPERIENCE AND QUALIFICATIONS 658 49 EXECUTIVE SUMMARYAGENCY INFORMATION CONT. David Fuller, Head of Creative Strategy (Airstream Pictures) After graduating from Bates College in 20th-Century Western Culture, David started his career working as a camera operator and then for a number of years he worked as a still photographer. In 1980 he returned to television as producer and director and, following working with the UK’s Royal Shakespeare Company and BBC Television, David became President and Creative Director of VP Films, a full-service production company. This has given him a deep understanding of the craft of filmmaking, the process and technologies of production, and the strategic art of communication. In 2004 David founded AirStream Pictures and his role as Executive Producer brought the insight of twenty years’ work as a designer and director. The result is a portfolio that includes Sylvania Lighting, national PSA work for the California Department of Health Services, and multi-media productions for L.L.Bean. Working with BFT since 2000 and since 2014 as its Head of Creative Strategy, David has produced a series of campaigns for the agency’s clients. He has won the Broadcast Design Association’s International Design Award; a Golden Arrow for PR; Brodersons, a Telly, a Kane, and Graniteer and Cable Ace Awards. Meg Handlin, Head of Public Relations Meg has 21 years experience of strategic public relations. She utilizes a precise mix of online and traditional media, alongside social media, to communicate precise messages, improve a brand’s visibility and achieve specific business goals. She believes in dynamic online content to reach today’s fast-moving target audiences. Knowing the aviation market well, Meg reaches the industry’s key journalists in the way that they appreciate...this resulting in the wide placement of strategic and tactical news items and longer stories. She counts as her strengths: visibility enhancement, website content direction, tactical media relations, and social media networking. If we want an item published, we leave it to Meg. She studied in London, UK, and has a BA in Psychology from Assumption College. Cathy Watt, Head of Media Cathy gained vital experience at regional newspapers before joining the advertising agency, Chellis, Conwall and Gale. In 1985 she became Media Director for Linda Lee Advertising which, at the time, was one of the largest advertising agencies in northern New England. When the agency closed in 1992, Cathy made the decision to open her own media independent—The Media Mogul—working with a range of clients across New England. Over her career she has worked with a very large variety of clients including senior government officials. BFT International follows the current industry norm of utilizing the weight of a media independent, the Media Mogul. For BFT (the only agency with which Cathy works) she is responsible for all media research, press and broadcast planning and buying, and post-campaign reporting. She has a particular interest in blending her media recommendations with a campaign’s creative content— believing firmly in the strength of total communication rather than two separate strands of the same overall strategy. Cathy graduated with BS degree in Art Education from Plymouth State University and initially taught in the Auburn, ME, and Portsmouth, NH, school districts. (Specific media needs may be further augmented.) Barbara Tierney, Head of Web Barbara Tierney was born and raised in upstate NY. She has worked as a photographer and graphic designer for over 35 years. Barbara was fortunate to have worked for one of the advertising giants, Creative Director, George Lois, where she worked directly on the launches of MTV, Nickelodeon and USA Today. International Masters Publishers hired Barbara in 1999 as Art Director where she managed a wide range of products with responsibilities including managing and hiring freelance designers and copywriters (for a very active direct mail schedule), testing copy and design concepts and variations of creative packages—for clients such as readers Digest and Wall Street Journal Wines. As well as all standard production software, she works with Wordpress, Oxygen Builder, SubLime and Premiere Pro.Melissa Barrett Account Manager Tiffany Dale HunterSpecial Projects Client reporting and administration We maintain short lines of communication between client and agency to ensure fast reaction and clarity. All points of decision are documented in writing and, as necessary, we provide necessary status reports and annual reviews. BFT abides by the accepted national and international codes of practice and we work with our clients to maintain these necessary high standards. All creative and production work is executed in-house which means that we keep vendor costs to a minimum and pass the savings to our clients. We know that our rates are very competitive when comparing ‘apples to apples’—taking into consideration geographic location, experience, expertise and creativity…these not always being easily quantifiable. BFT International is an equal opportunities employer and is committed to acting responsibly ecologically. EXPERIENCE AND EXPERTISE—SENIOR MEMBERS OF THE BRAND GROUP CONT. EXPERIENCE AND QUALIFICATIONS SENIOR MEMBERS OF BFT’S WINTER SPRINGS BRAND GROUP CONT. 659 50 EXECUTIVE SUMMARYBFT INTERNATIONAL CLIENT PARTNERS CURRENT AND RECENT CLIENTS—EXCLUDING CONFIDENTIAL PROJECTS—28 OF THESE BRAND IDENTITY LOGOS WERE CREATED BY BFT EXPERIENCE AND QUALIFICATIONS 660 CONTENTS TAB SIX—SCHEDULE 661 Action Plan—confirmation of all the details outlined in this document after meeting with the City to determine which recommended categories of work are to be implemented: 1 week Brand Audit research—including all elements (agency/client set-up, implementation, analysis and presentation)—followed by a Strategic Brand Plan (to include Mission and Vision Statements): 5 – 6 weeks Design the new brand identity and logo (including a tagline): 2 – 3 weeks Qualitative and Quantitative research of the shortlist of brand identities/taglines: – Quantitative (before qualitative to add value to focus groups): 7 weeks ) – Qualitative—four focus groups being recommended to balance results with costs: 7 weeks ) 10 weeks Note: The qualitative research will commence around three weeks into the quantitative research, therefore the entire research process will take approximately 10 weeks. This time period will not impinge on other elements of the overall project as much other planning can take place concurrently. Creation of the in-depth brand standards document (manual) setting out precise usage of the brand identity logo—including its tagline, colors, sizing, etc 2 – 3 weeks * Website—inclusive of creative direction, art direction, digital production and coding, content placement. Approximate pending the number of pages required (TBD), but if around 20–25: 5 weeks * Strategic Plan and Communication Plan—following Brand Audit and research results: 2 weeks Public Relations Plan, Social Media Plan, and Digital Media Plan: 2 weeks Media distribution list—produced together with the Public Relations Plan: Included Creative Development—pending the resultant needs: 2 – 3 weeks * Concurrently TOTAL TIMETABLE —NOTING WORK THAT WILL BE IMPLEMENTED CONCURRENTLY: 24 – 27 weeks (approx. six months) There are always changes to the best timing plans—usually depending on the time of year and the City’s commitments—bearing in mind the year end Holiday period. It is also quite likely that more elements can be created and produced simultaneously than are noted above which will shorten the overall time frame. BFT is able to commence work with the City within a week of the signing of the necessary contracts. 52 EXECUTIVE SUMMARY THE SETS OUT THE IDEAL TIME REQUIREMENT FOR EACH ELEMENT OF THE OVERALL PROJECT (INCLUDING APPROVALS). THE ELEMENTS LISTED HERE ARE IN THE LOGICAL ORDER OF IMPLEMENTATION (THOUGH SOME WILL BE EXECUTED CONCURRENTLY) THE BFT STRATEGIC PLANNING PROCESS CONT.THE BFT STRATEGIC ACCOUNT PLANNING PROCESS CONT.EXPERIENCE AND EXPERTISE CONT.EXPERIENCE AND EXPERTISE—BFT ORGANIZATION AND WORK METHOD CONT.SCHEDULE—PROJECT TIMETABLE Campaign evaluation The most effective measurement of brand awareness/recognition is via independent research… utilizing the initial study as a benchmark, this being followed periodically by repeat tests (perhaps approximately in 18 month intervals). The City can measure real figures in the usual way. 662 CONTENTS TAB SEVEN—PRICING OF SERVICES 663 Brand Audit—inclusive of all elements—organization, all interviews, analysis and presentation— inclusive of accommodation and subsistence)—63.00 hours: $ 9,250.00 Brand Identity logo, and tagline—inclusive of writing, creative direction, art direction, digital production and production management 70.00 hours: $ 9,450.00 Quantitative research—inclusive of online survey hosting, questionnaire development, survey recruitment, data analysis, incentives, and summary report (excluding extra findings presentations): $ 4,000.00 Qualitative research—inclusive of format and moderation guide development, recruitment, focus group moderation, transcription of focus groups, data analysis, summary report, per diem, focus group incentives, and group discussion boards—four groups (excluding extra findings presentations): $ 7,075.00 Brand Standards document (manual)—to include: welcome statement; introduction, positioning plan and all brand creative parameters—covering color and font usage, photography styles, collateral templates, and third party usage—49.00 hours: $ 6,615.00 Website—inclusive of creative direction, art direction, digital production and coding, content placement. Approximate pending the number of pages required (TBD), but if around 20–25—excluding new website content writing (at $135.00 per hour)—50.00 hours: $ 6,750.00 Strategic Plan, Communication Plan (including an initial forward media plan), Public Relations Plan, Social Media Plan, Digital Media Plan, and Media Distribution List (no charge)—35.00 hours: $ 4,725.00 Creative Development—difficult to estimate without knowing the requirements—this has to be an estimated cost at this RFP stage—excluding specific advertising creation—approximately 40.00 hours: $ 5,400.00 Account management—BFT works in any way that best suits our clients—time and materials or a fixed charge—a fixed charge always being much more economical than hourly time and materials. Account management includes all BFT internal time, all agency client meetings in whatever form and all third party liaison. No charge made for travel time. When working to a fixed charge we estimate the number of client and internal liaison hours likely to be required per month (in this case, working on a total of six months) and apply our hourly rate of $135.00. After calculating the total number of account management hours, experience has proven that the resultant figure is usually too high. For Winter Springs we estimate a total of 240.00 hours…this equating to $32,400.00 (that being too high a charge). Therefore, we have applied a 30% discount of $9,720.00 (which we are able to do on a fixed monthly charge) bringing the total charge down to $22,680.00—charged each month for 12 months at $1,890.00 per month. Note: Working to a fixed charge means that time sheets are not necessary and BFT can be contacted 24/7/365. Total charge: $ 22,680.00 _________ GRAND TOTAL: $ 75,945.00 54 EXECUTIVE SUMMARY THE RFP BRIEF ASKS FOR AN ALL-INCLUSIVE LUMP SUM FOR THE OVERALL PROJECT. THIS IS SHOWN AT THE BASE OF THIS PAGE, BUT EACH ELEMENT IS ALSO LISTED SEPARATELY—ALL PENDING DISCUSSION THE BFT STRATEGIC PLANNING PROCESS CONT.THE BFT STRATEGIC ACCOUNT PLANNING PROCESS CONT.EXPERIENCE AND EXPERTISE CONT.EXPERIENCE AND EXPERTISE—BFT ORGANIZATION AND WORK METHOD CONT.PRICING FOR SERVICES BFT INTERNATIONAL CHARGES ALL REMAINING AT 2015 LEVEL (ALL CHARGES OPPOSITE ARE BASED ON THIS TEMPLATE) BFT department Hourly charge New creative direction: $140.00 Writing: $135.00 Art direction: $135.00 Photographic research: $135.00 Digital retouching: $135.00 (minor retouching free) Digital production: $135.00 Preflight/prepress: $135.00 Production management: $115.00 Website production: $135.00 Media planning/buying: $ 0.00 Account Management Director: $140.00 Manager: $135.00 Group charge: $135.00 664 CONTENTS TAB EIGHT—REFERENCES 665 56 EXECUTIVE SUMMARYREFERENCES References for contact Mr. Mark Gibbs Director of Aviation San Bernardino International Airport Authority 1601 E. Third Street San Bernardino, California 92408 909 382 4100 ext 131 (Direct) mgibbs@sbdairport.com Mr Jeff Clauss, Director of Air Service Development and Marketing St. Pete—Clearwater International Airport 14700 Terminal Boulevard, Suite 221 Clearwater, Florida 33762 727 453 7809 (Direct) jclauss@fly2pie.com Mr Russell Dow President Dow Wealth Management 8205 Nature’s Way, Suite 219 Lakewood Ranch, Florida 34292 207 776 0927 (Direct) russell.dow@dow.us “I have noted that their attention to both our ‘corporate vision’ and the all-important fine details has helped the Penquis Tourism Coalition proceed in its marketing for The Maine Highlands on all fronts.” Mr. John Holden, Chair, The Maine Highlands “I have had the opportunity to work with BFT in projects ranging from a branding and development campaign at Bangor International Airport to advertisement development at Eastern Maine Development Corporation, and I found them to have the highest level of creative professionalism of any firm I have worked with. The results speak for themselves as they created a program that had an immediate impact.” Mr. Jonathan Daniels, President/CEO, Eastern Maine Development Corporation (Member of The Maine Highlands) “I am impressed with BFT’s principals, their willingness to listen to their clients, learn the nuances of the business and strategically create a plan tailored to the actual rather than perceived needs.” Ms. Donna M. Fitchner, Executive Director, Bangor Convention & Visitors Bureau (Member of The Maine Highlands) THE MAINE HIGHLANDS 666 57 EXECUTIVE SUMMARYREFERENCES CONT. ST. PETE–CLEARWATER INTERNTIONAL AIRPORT “BFT International was selected by St. Pete–Clearwater International Airport for a five year marketing and advertising contract to help promote the Airport’s brand in the Tampa Bay area, including central and west coast Florida. Following the Brand Audit, it was evident that the three letter identifier code for the Airport, “PIE”, was not used by potential passengers in everyday conversation and much of the Airport’s catchment area’s target audience was largely unaware of a significant airport in their “backyard”. As a result, BFT initially commissioned an advertising campaign to establish PIE in the wider catchment area of approximately 4.3 million people by advertising on radio, television, billboards and social media. Those advertisements pushed PIE significantly more into the foreground and was followed by brand and specific subject advertising campaigns. We now hear the Airport’s identifier, “PIE”, much more frequently. During that time, BFT did not promote inbound advertising, which is the job of the local visitor’s bureau, chambers and PIE’s airlines. It would have been very expensive when PIE had around 55 destinations and the budget couldn’t support them all. That said, BFT produced a very large array of outbound destination advertising. Over the years we have worked with BFT, we have found Adrian and his agency to be very responsive to our requests, communicative and available when called upon via phone or email I am most happy to recommend BFT!” Mr. Jeff Clauss, Director of Air Service, St. Pete–Clearwater International Airport References for contact Mr. Mark Gibbs Director of Aviation San Bernardino International Airport Authority 1601 E. Third Street San Bernardino, California 92408 909 382 4100 ext 131 (Direct) mgibbs@sbdairport.com Mr Jeff Clauss, Director of Air Service Development and Marketing St. Pete—Clearwater International Airport 14700 Terminal Boulevard, Suite 221 Clearwater, Florida 33762 727 453 7809 (Direct) jclauss@fly2pie.com Mr Russell Dow President Dow Wealth Management 8205 Nature’s Way, Suite 219 Lakewood Ranch, Florida 34292 207 776 0927 (Direct) russell.dow@dow.us REFERENCES CONT. 667 58 EXECUTIVE SUMMARY DOW WEALTH MANAGEMENT “BFT International has surpassed all our expectations. The final creative and branding are the most visible of BFT’s efforts. Underlying the final product, however, has been an enormous amount of work by BFT staff. They have taken the time to understand our industry and how our business uniquely fits within it. The firm has paid close attention to the details of our multi-tiered marketing efforts, so that we have been able to focus on our clients. Important to us has been fast response times to our questions and needs. We have been graciously accorded a high level of attention.” Mr. Russell Dow, President, Dow Wealth Management References for contact Mr. Mark Gibbs Director of Aviation San Bernardino International Airport Authority 1601 E. Third Street San Bernardino, California 92408 909 382 4100 ext 131 (Direct) mgibbs@sbdairport.com Mr Jeff Clauss, Director of Air Service Development and Marketing St. Pete—Clearwater International Airport 14700 Terminal Boulevard, Suite 221 Clearwater, Florida 33762 727 453 7809 (Direct) jclauss@fly2pie.com Mr Russell Dow President Dow Wealth Management 8205 Nature’s Way, Suite 219 Lakewood Ranch, Florida 34292 207 776 0927 (Direct) russell.dow@dow.us REFERENCES CONT. 668 59 EXECUTIVE SUMMARY References for contact Mr. Mark Gibbs Director of Aviation San Bernardino International Airport Authority 1601 E. Third Street San Bernardino, California 92408 909 382 4100 ext 131 (Direct) mgibbs@sbdairport.com Mr Jeff Clauss, Director of Air Service Development and Marketing St. Pete—Clearwater International Airport 14700 Terminal Boulevard, Suite 221 Clearwater, Florida 33762 727 453 7809 (Direct) jclauss@fly2pie.com Mr Russell Dow President Dow Wealth Management 8205 Nature’s Way, Suite 219 Lakewood Ranch, Florida 34292 207 776 0927 (Direct) russell.dow@dow.us “BFT launched Discover New England and became the stalwart of the brand. Indeed, not only did the agency implement all the usual promotional functions, but their team became the “go to” point of reference for all key contacts…travel agents, the press, and even individual tourists who needed an extra word of advice. I cannot imagine another agency team that would have been so flexible in their role and willing to answer every kind of promotional requirement (and there were many). Adrian Fox’s team were on call literally day and night and always delivered. The agency literally…as it would say “made us famous”. The BFT team is always insightful, astute and dynamic. I would recommend the agency in a heartbeat.” Ms. Sarah Graham Mann, Managing Director, Discover New England DISCOVER NEW ENGLAND REFERENCES CONT. 669 60 EXECUTIVE SUMMARYREFERENCES CONT. References for contact Mr. Mark Gibbs Director of Aviation San Bernardino International Airport Authority 1601 E. Third Street San Bernardino, California 92408 909 382 4100 ext 131 (Direct) mgibbs@sbdairport.com Mr Jeff Clauss, Director of Air Service Development and Marketing St. Pete—Clearwater International Airport 14700 Terminal Boulevard, Suite 221 Clearwater, Florida 33762 727 453 7809 (Direct) jclauss@fly2pie.com Mr Russell Dow President Dow Wealth Management 8205 Nature’s Way, Suite 219 Lakewood Ranch, Florida 34292 207 776 0927 (Direct) russell.dow@dow.us “BFT International was appointed having competed against 29 agencies. Their presentation displayed an immediate understanding of our branding needs—the smooth transition from college to university. Following BFT’s detailed Brand Audit research and planning, involving discussion with all of the institution’s main disciplines, we were presented with a new brand identity that was both correctly positioned in the evolving higher education marketplace and visually memorable. BFT’s work was enthusiastically received and has been embraced by the University’s community and its activities. Throughout this complicated process the agency was called upon to answer many tangential issues and their team responded quickly and adeptly, often having to solve problems that required maintaining the brand’s integrity within the needs of specific departmental circumstances. In all instances their team solved each issue to the complete satisfaction of our department heads. Whatever the question or problem posed to BFT, their approach remains professional, calm and good humored. This makes for a very productive and pleasant working relationship and one that has been most appreciated as we embark on the new era of being a university. I highly recommend their services.” Mr. Jay Helman, President, Western State Colorado University WESTERN STATE COLORADO UNIVERSITY 670 61 EXECUTIVE SUMMARYREFERENCES CONT. References for contact Mr. Mark Gibbs Director of Aviation San Bernardino International Airport Authority 1601 E. Third Street San Bernardino, California 92408 909 382 4100 ext 131 (Direct) mgibbs@sbdairport.com Mr Jeff Clauss, Director of Air Service Development and Marketing St. Pete—Clearwater International Airport 14700 Terminal Boulevard, Suite 221 Clearwater, Florida 33762 727 453 7809 (Direct) jclauss@fly2pie.com Mr Russell Dow President Dow Wealth Management 8205 Nature’s Way, Suite 219 Lakewood Ranch, Florida 34292 207 776 0927 (Direct) russell.dow@dow.us SAN BERNARDINO INTERNATIONAL AIRPORT One behalf of San Bernardino International Airport Authority, I am pleased to provide this letter of reference to BFT International for their hard work and commitment toward our successful growth strategy at SBD International Airport and Luxivair SBD. BFT International was appointed by San Bernardino International Airport in 2015 to effectively launch the airport that had been totally refurbished after the closing of the Norton Air Force Base. This included the airport’s private terminal (its FBO), Luxivair SBD. BFT has created and produced a wide range of marketing material that includes Brand Audit research, strategic positioning, advertising (traditional and web) and its media placement, display material, videography, photography and public relations. For all projects we have found the agency to be extremely professional and very pleasant to work with. Their creative work is of a high caliber and they work exactly to given budgets. It’s an extremely productive partnership. Over the last recent years BFT’s input has assisted the airport greatly to consistently grow in all areas and looking ahead we have successful planning sessions with the agency team. As the airport here is in San Bernardino, California, we work a lot via digital conferencing (and obviously telephone), but I am pleased to say that the BFT team also makes necessary trips to see us. In summary, we greatly enjoy working with this forward thinking and responsive agency that is truly concerned about our needs. We also like to work as a comprehensive team with our agency and can say we enjoy our working relationship with the professional and productive team at BFT International. Mr. Mark Gibbs, Director of Aviation, San Bernardino International Airport 671 62672 CONTENTS TAB NINE—ADDITIONAL FORMS 673 CONTENTS TAB TWO—LETTER OF TRANSMITTAL 674 CONTENTS TAB TWO—LETTER OF TRANSMITTAL 675 CONTENTS TAB TWO—LETTER OF TRANSMITTAL 676 CONTENTS TAB TWO—LETTER OF TRANSMITTAL 677 CONTENTS TAB TWO—LETTER OF TRANSMITTAL 678 CONTENTS TAB TWO—LETTER OF TRANSMITTAL 679 CONTENTS TAB TWO—LETTER OF TRANSMITTAL 680 CONTENTS TAB TWO—LETTER OF TRANSMITTAL 681 CONTENTS TAB TWO—LETTER OF TRANSMITTAL 682 CONTENTS TAB TWO—LETTER OF TRANSMITTAL 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 717 718 719 720 721 722 723 724 725 REGULAR AGENDA ITEM 502 CITY COMMISSION AGENDA | DECEMBER 13, 2021 REGULAR MEETING TITLE 2022 Calendar of Meetings and Holidays SUMMARY Staff brings the proposed calendar forward each year with meeting dates for the City Commission and Advisory Boards as well as dates for City Holidays. The approval of this calendar does not limit the Commission's ability to schedule additional Special Meetings, Workshops, and holidays as outlined in the City Charter. This proposed calendar adds New Year's Eve as a recognized City holiday. For 2022, the holiday would be observed on Friday, December 30, 2022. RECOMMENDATION Staff recommends the City Commission review and approve the proposed 2022 Calendar of Meetings and Holidays. 726 S M T W T F S S M T W T F S1234123455678910116789101112121314151617181314151617181919202122232425202122232425262627282930312728 26 27 28 29 30 2 3 4 5 6 9 10 11 12 13 16 17 18 19 20 23 24 25 26 27 30 31 Notes https://www.vertex42.com/calendars/ Calendar Templates by Vertex42 28 January 2022 Sunday Monday Tuesday Wednesday Friday December '21 February '22 SaturdayThursday 31 15 CITY COMMISSION 6:30 PM Martin Luther King Jr. Day TLBD - 5:15 PM CITY HOLIDAY CITY COMMISSION Veterans Board - 6:30 PM 6:30 PM Board 5:30 PM 1 8 Code Enforcement 29 21 Planning and Zoning Board Local Planning Agency Regular Meeting - 5:30 PM 7 14 22 727 S M T W T F S S M T W T F S1123452345678678910111291011121314151314151617181916171819202122202122232425262324252627282927282930313031 30 31 1 2 3 6 7 8 9 10 13 14 15 16 17 20 21 22 23 24 27 28 1 2 3 6 7 Notes Calendar Templates by Vertex42 https://www.vertex42.com/calendars/ CITY COMMISSION - 6:30 PM 4 5 5:30 PM Code Enforcement Board 25 26 CITY COMMISSION - 6:30 PM 18 19 Board of Trustees - 5:30 PM 11 12 BPAC - 6:30 PM Regular Meeting - 5:30 PM Local Planning Agency PARAC - 5:30PM Planning and Zoning Board 4 5 February 2022 January '22 March '22 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 728 S M T W T F S S M T W T F S12345126789101112345678913141516171819101112131415162021222324252617181920212223272824252627282930 27 28 1 2 3 6 7 8 9 10 13 14 15 16 17 20 21 22 23 24 27 28 29 30 31 3 4 Notes Calendar Templates by Vertex42 https://www.vertex42.com/calendars/ CITY COMMISSION - 6:30 PM 1 2 5:30 PM Code Enforcement Board 25 26 CITY COMMISSION - 6:30 PM 18 19 11 12 Regular Meeting - 5:30 pm Local Planning Agency Planning And Zoning Board/ 4 5 March 2022 February '22 April '22 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 729 S M T W T F S S M T W T F S1234512345676789101112891011121314131415161718191516171819202120212223242526222324252627282728293031293031 27 28 29 30 31 3 4 5 6 7 10 11 12 13 14 17 18 19 20 21 24 25 26 27 28 1 2 Notes Calendar Templates by Vertex42 https://www.vertex42.com/calendars/ 5:30 PM CITY COMMISSION - 6:30 PM Code Enforcement Board 29 30 Veterans Board - 6:30 PM TLBD - 5:15 PM 22 23 CITY HOLIDAY CITY COMMISSION - 6:30 PM 15 16 Regular Meeting - 5:30 pm Regular Meeting - 5:30 pm Oak Forest Wall and Advisory Committee Local Planning Agency Beautification District Planning And Zoning Board/ 8 9 1 2 April 2022 March '22 May '22 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 730 S M T W T F S S M T W T F S121234345678956789101110111213141516121314151617181718192021222319202122232425242526272829302627282930 1 2 3 4 5 8 9 10 11 12 15 16 17 18 19 22 23 24 25 26 29 30 31 1 2 5 6 Notes Calendar Templates by Vertex42 https://www.vertex42.com/calendars/ CITY HOLIDAY Memorial Day 3 4 5:30 PM CITY COMMISSION - 6:30 PM Code Enforcement Board 27 28 20 21 CITY COMMISSION - 6:30 PM Board of Trustees - 5:30 PM 13 14 BPAC - 6:30 PM Regular Meeting - 5:30 pm Local Planning Agency PARAC - 5:30 PM Planning and Zoning Board/ 6 7 May 2022 April '22 June '22 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 731 S M T W T F S S M T W T F S1234567128910111213143456789151617181920211011121314151622232425262728171819202122232930312425262728293031 29 30 31 1 2 5 6 7 8 9 12 13 14 15 16 19 20 21 22 23 26 27 28 29 30 3 4 Notes Calendar Templates by Vertex42 https://www.vertex42.com/calendars/ 5:30 PM CITY COMMISSION - 6:30 PM Code Enforcement Board 1 2 CITY HOLIDAY Juneteenth 24 25 CITY COMMISSION - 6:30 PM 17 18 WORKSHOP 6:30 PM CITY COMMISSION 10 11 Regular Meeting - 5:30 pm Local Planning Agency Planning and Zoning Board/ 3 4 June 2022 May '22 July '22 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 732 S M T W T F S S M T W T F S12341234565678910117891011121312131415161718141516171819201920212223242521222324252627262728293028293031 26 27 28 29 30 3 4 5 6 7 10 11 12 13 14 17 18 19 20 21 24 25 26 27 28 31 1 Notes Calendar Templates by Vertex42 https://www.vertex42.com/calendars/ 5:30 PM Code Enforcement Board 29 30 Veterans Board - 6:30 PM TLBD - 5:15 PM 22 23 6:30 PM CITY COMMISSION 15 16 Regular Meeting - 5:30 pm CITY HOLIDAY Local Planning Agency Independence Day Planning and Zoning Board/ 8 9 1 2 July 2022 June '22 August '22 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 733 S M T W T F S S M T W T F S12123345678945678910101112131415161112131415161717181920212223181920212223242425262728293025262728293031 31 1 2 3 4 7 8 9 10 11 14 15 16 17 18 21 22 23 24 25 28 29 30 31 1 4 5 Notes Calendar Templates by Vertex42 https://www.vertex42.com/calendars/ 2 3 5:30 PM CITY COMMISSION - 6:30 PM Code Enforcement Board 26 27 19 20 CITY COMMISSION - 6:30 PM Board of Trustees - 5:30 PM 12 13 BPAC - 6:30 PM Regular Meeting - 5:30 pm Local Planning Agency PARAC - 5:30 PM Planning and Zoning Board/ 5 6 August 2022 July '22 September '22 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 734 S M T W T F S S M T W T F S1234561789101112132345678141516171819209101112131415212223242526271617181920212228293031232425262728293031 28 29 30 31 1 4 5 6 7 8 11 12 13 14 15 18 19 20 21 22 25 26 27 28 29 2 3 Notes Calendar Templates by Vertex42 https://www.vertex42.com/calendars/ 5:30 PM CITY COMMISSION - 6:30 PM Code Enforcement Board 30 1 23 24 CITY COMMISSION - 6:30 PM 16 17 CITY HOLIDAY Labor Day Planning and Zoning Board/ 9 10 Regular Meeting - 5:30 pm Local Planning Agency 2 3 September 2022 August '22 October '22 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 735 S M T W T F S S M T W T F S123123454567891067891011121112131415161713141516171819181920212223242021222324252625262728293027282930 25 26 27 28 29 2 3 4 5 6 9 10 11 12 13 16 17 18 19 20 23 24 25 26 27 30 31 Notes Calendar Templates by Vertex42 https://www.vertex42.com/calendars/ 5:30 PM CITY COMMISSION - 6:30 PM Code Enforcement Board 28 29 Veterans Board - 6:30 PM TLBD - 5:15 PM 21 22 CITY COMMISSION - 6:30 PM 14 15 Regular Meeting - 5:30 pm Local Planning Agency Planning and Zonning Bord/ 7 8 30 1 October 2022 September '22 November '22 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 736 S M T W T F S S M T W T F S1123234567845678910910111213141511121314151617161718192021221819202122232423242526272829252627282930313031 30 31 1 2 3 6 7 8 9 10 13 14 15 16 17 20 21 22 23 24 27 28 29 30 1 4 5 Notes Calendar Templates by Vertex42 https://www.vertex42.com/calendars/ 2 3 5:30 PM CITY HOLIDAY CITY HOLIDAY Code Enforcement Board Thanksgiving Holiday Thanksgiving Holiday 25 26 CITY COMMISSION - 6:30 PM 18 19 CITY HOLIDAY ELECTION DAY Board of Trustees - 5:30 PM Veterans Day 11 12 BPAC - 6:30 PM Regular Meeting - 5:30 pm Local Planning Agency PARAC - 5:30 PM Planning and Zonning Bord/ 4 5 November 2022 October '22 December '22 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 737 S M T W T F S S M T W T F S12345123456767891011128910111213141314151617181915161718192021202122232425262223242526272827282930293031 27 28 29 30 1 4 5 6 7 8 11 12 13 14 15 18 19 20 21 22 25 26 27 28 29 1 2 Notes Calendar Templates by Vertex42 https://www.vertex42.com/calendars/ CITY HOLIDAY New Years 5:30 PM CITY HOLIDAY CITY HOLIDAY Code Enforcement Board Christmas Holiday New Year's Eve 30 31 CITY HOLIDAY Christmas Holiday 23 24 CITY COMMISSION - 6:30 PM 16 17 9 10 Regular Meeting - 5:30 pm Local Planning Agency Planning and Zonning Bord/ 2 3 December 2022 November '22 January '23 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 738 CALENDAR TEMPLATES by Vertex42.com https://www.vertex42.com/calendars/ About This Template Create and print a 12-month calendar for your family, business, or school using this template provided by Vertex42.com. Enter the year and start month, then choose to begin each week on Sunday or Monday. Small previous and next month calendars at the top of the page provide a useful reference. Share and edit collaboratively or print a calendar for your wall, desk, fridge, or planner. Works for 2018, 2019, 2010, and beyond. More Calendar Templates Visit Vertex42.com to download a variety of different calendar templates. More Calendar Templates About Vertex42 Vertex42.com provides over 300 professionally designed spreadsheet templates for business, home, and education - most of which are free to download. Their collection includes a variety of calendars, planners, and schedules as well as personal finance spreadsheets for budgeting, debt reduction, and loan amortization. Businesses will find invoices, time sheets, inventory trackers, financial statements, and project planning templates. Teachers and students will find resources such as class schedules, grade books, and attendance sheets. Organize your family life with meal planners, checklists, and exercise logs. Each template is thoroughly researched, refined, and improved over time through feedback from thousands of users. 739 REGULAR AGENDA ITEM 503 CITY COMMISSION AGENDA | DECEMBER 13, 2021 REGULAR MEETING TITLE Deputy Mayor Nomination SUMMARY The Deputy Mayor position is defined under the City's Charter, Section 4.05. Mayor which states, “The city commission shall elect from among its members a deputy mayor who shall act as mayor during the absence or disability of the mayor. However, if a vacancy occurs in the position of mayor, the vacancy shall be filled in accordance with section 4.08(c) of this Charter." The current Deputy Mayor is Deputy Mayor Ted Johnson who was nominated and confirmed at the Monday, December 14, 2020 City Commission Regular Meeting. RECOMMENDATION Staff recommends the City Commission appoint a member of the City Commission to serve as the next Deputy Mayor until November 2022. 740 REGULAR AGENDA ITEM 504 CITY COMMISSION AGENDA | DECEMBER 13, 2021 REGULAR MEETING TITLE Appointment Opportunities for City Boards and Committees SUMMARY The City Clerk Department wishes to inform the City Commission of the following vacancies: Per Section 2-41(e) of the City Code, "If any commissioner fails to appoint a member within thirty (30) days after a vacancy occurs or a term expires, that seat shall be filled by a majority vote of the commission." CURRENT VACANCIES: Districting Commission Seat Four - One (1) appointment remaining Mayor - Two (2) appointments remaining Parks and Recreation Advisory Committee Two (2) At-Large Appointment - Terms expire Nov 1, 2023 & Nov 1, 2025. Youth Council Seat One - One (1) appointment remaining - OPEN TO FULL COMMISSION UPCOMING VACANCIES: Board of Trustees Seat One - Current term of Ms. Barbara Watkins expires January 1, 2022 Seat Three - Current term of Mr. Michael Blake expires January 1, 2022 RECOMMENDATION Staff recommends the City Commission make any appointments they deem pertinent. 741