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HomeMy WebLinkAbout_2023 03 27 City Commission Regular Meeting Agenda t CITY COMMISSION Incorporated REGULAR MEETING AGENDA 1959 . a r MONDAY, MARCH 27, 2023 - 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. Recognition of the 2023 FHSAA State Champion Winter Springs High School Girls Weightlifting Team 101 . PFM Asset Management LLC Presentation on the highlights of the most recent Quarterly Investment Report for the period ending 12/31/2022 INFORMATIONAL AGENDA 200. Proclamation Declaring April as Water Conservation Month Water Conservation Month -2023.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 ofgroups or homeowners'associations shall limit their comments to five(5) minutes, unless otherwise determined by the City Commission. CONSENT AGENDA 300. Resolution No. 2023-15 Extension #10 of the Declaration of Local Emergency related to Ongoing Hurricane Ian Recovery Resolution 2023-15 Extending Declaration of Emergency.pdf 301 . Construction Contract for Wade Street Roadway Restoration 01-2023 - Wade Street Emergency Repair- Proposal 230228.pdf 302. Addendum to Contract for Building Department Services with Universal Engineering Sciences, Inc. First Addendum to Agreement for Building Department Services 303. Addendum to Purchase of New Telephone System City of Winter Springs Addendum - 500-50458365.pdf 304. The Oviedo-Winter Springs Chamber of Commerce "Central Winds Music Festival" agreement Central Winds Music Festival- November 19 2023.pdf 2 305. Donation of Outdoor Patio Furniture to the Police Department PUBLIC HEARINGS AGENDA 400. Not Used REGULAR AGENDA 500. Non-Binding Presentation: The Adel at Lake Jesup Adel at Lake Jesup Subdivision.pdf 501 . Discussion on Non-Binding Presentation Requirement 502. Selection of Alternate Storm Design Criteria Stormwater Briefing(03-27-23)12d Stormwater Briefing(03-27-23)patx 503. Discussion on Temporary Moratorium Ordinance 2022-12 Temporary Moratorium (Development Requiring Stormwater Management and Drainage Systems Under Section 9-241, City Code). df 504. NRCS Funding - Sheet Pile Wall Financing Summary of NRCS Projects NRCS Costs.pdf 505. Proposed Interim City Manager Employment Agreement by and between Phil Hursh and the City of Winter Springs Interim City Manager Employment Contract Phil Hursh (CLEAN,).pdf 506. New Business REPORTS 600. Interim City Manager Phil Hursh 601 . City Attorney Anthony A. Garganese 602. City Clerk Christian Gowan 603. Seat Two Commissioner Victoria Colangelo 604. Seat Three Commissioner Ted Johnson 605. Seat Four Commissioner Cade Resnick 606. Seat Five Commissioner/Deputy Mayor Rob Elliott 607. Mayor Kevin McCann 608. Seat One Commissioner Matt Benton PUBLIC INPUT Anyone who wishes to speak during Public Input on any Agenda Item or subject matter will need to fill out a 3 'Public Input"form. Individuals will limit their comments to three(3)minutes, and representatives ofgroups or homeowners'associations shall limit their comments to five(5) minutes, unless otherwise determined by the City Commission. ADJOURNMENT PUBLIC NOTICE This is a Public Meeting, and the public is invited to attend and this Agenda is subject to change. Please be advised that one (1)or more Members of any of the City's Advisory Boards and Committees may be in attendance at this Meeting, and may participate in discussions. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City of Winter Springs at(407) 327-1800 "at least 48 hours prior to meeting, a written request by a physically handicapped person to attend the meeting, directed to the chairperson or director of such board, commission, agency, or authority" - per Section 286.26 Florida Statutes. "If a person decides to appeal any decision made by the board, agency, or commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that,for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based" - per Section 286.0105 Florida Statutes. 4 • AWARDS AND PRESENTATIONS ITEM 100 n rp..T,d CITY COMMISSION AGENDA I MARCH 27, 2023 REGULAR MEETING 1959 TITLE Recognition of the 2023 FHSAA State Champion Winter Springs High School Girls Weightlifting Team SUMMARY After finishing 3rd in the FHSAA State Tournament 4 times in the past 5 years these WSHS lady lifters became the first Girls Weightlifting team in Central Florida history to capture the FHSAA State Championship Team Title. They also crowned their 6th and 7th individual state champion overjust the past 6 years. In addition to capturing the 2023 Conference, District, and Region Championships, they also finished the regular season undefeated, continuing a dual meet winning streak that dates back to 2017! 2023 FHSAA STATE CHAMPION WSHS GIRLS WEIGHTLIFTING TEAM: -Alex Green: State Champion -Taylor Rice: State Champion -Amy Barrelle: State Runner-up -U'nitee Brown: State Runner-up -Sydney Song: State 4th Placer -Khloe Smith: State 4th Placer -Hannah Kozik: State 6th Placer -Xitlalic Montelongo: State Qualifier -Madyson Herber: State Qualifier -Lexi Huaman: State Qualifier -Nicole Valdes: State Qualifier Head Coach:John Mosure Assistant Coach:Jessee Lopez Athletic Director: Scott Gomrad Athletic Trainer: Dr. Heather White Principal: Pete Gaffney Assistant Principal:Jakob Jarzynka Assistant AD:Jen Mallard Assistant AD: Rocky Ciero 5 2022 Athletic Secretary: Chris Gibbs 2022 Athletic Secretary: Dana Cayton RECOMMENDATION 6 • AWARDS AND PRESENTATIONS ITEM 101 n rp..T,d CITY COMMISSION AGENDA I MARCH 27, 2023 REGULAR MEETING 1959 TITLE PFM Asset Management LLC Presentation on the highlights of the most recent Quarterly Investment Report for the period ending 12/31/2022 SUMMARY Representative from PFM Asset Management Group LLC will provide a brief presentation on the highlights of the most recent Quarterly Investment Report for the period for the period ending 12/31/2022. RECOMMENDATION No action is needed at this time. 7 • INFORMATIONAL AGENDA ITEM 200 n rp..T,d CITY COMMISSION AGENDA I MARCH 27, 2023 REGULAR MEETING 1959 TITLE Proclamation Declaring April as Water Conservation Month SUMMARY 2023 is the 25th anniversary of April being established as Water Conservation Month in Florida. The Florida Section American Water Works Association (FSAWWA), in coordination with Florida's water management districts, requested local governments, water utilities, and other organizations to adopt a resolution or proclamation declaring April as Water Conservation Month. This year, the FSAWWA includes a theme, which for 2023 is Leak Prevention. We are asking utilities and local governments to include leak prevention as an essential first step in water conservation. RECOMMENDATION No action required 8 PIROCLAMKrION OFFICE OF THE MAYOR WINTER I959 SPRINGS, FLORIDA WHEREAS,water is a basic and essential need of every living creature; and WHEREAS, the State of Florida,Water Management Districts, and City of Winter Springs are working together to increase awareness about the importance of water conservation; and W H E R EAS, the City of Winter Springs and the State of Florida has designated April,typically a dry month when water demands are most acute, Florida's Water Conservation Month to educate citizens about how they can help save Florida's precious water resources; and W H E R EAS, the City of Winter Springs has long encouraged and supported water conservation through various educational programs; and W H E REAS, every business, industry,school, and citizen can make a difference by conserving water and thus promoting a healthyeconomy and community, and WHEREAS leak prevention is commonly thought to be the first step in conserving water, (your name) will encourage citizens and businesses to focus on fixing leaks; NOW THEREFORE, 1, Kevin McCann, Mayor of the City of Winter Springs,Florida do hereby Proclaim the month of April as: WATER CONSERVATION MONTH in the City of Winter Springs and encourage all residents to help protect our precious water resources by practicing water saving measures and becoming more aware of the need to save water. For this, the 25t" year of Water Conservation Month, there will be a special focus on fixing leaks and all forms of water loss KEVI N McCAN N, MAYOR ATTEST: CITY CLERK Kevin McCann Mayor Matt Benton Victoria Colangelo Ted Johnson Cade Resnick Rob Elliott Commissioner Commissioner Commissioner Commissioner Commissioner 9 • CONSENT AGENDA ITEM 300 n rp..T,d CITY COMMISSION AGENDA I MARCH 27, 2023 REGULAR MEETING 1959 TITLE Resolution No. 2023-15 Extension #10 of the Declaration of Local Emergency related to Ongoing Hurricane Ian Recovery SUMMARY Since Mayor McCann signed a Declaration of Local Emergency on November 8, 2022 related to Hurricane Ian pursuant to Section 4.05, City Charter and Section 2-255, City Code, the City Commission has maintained the declaration of emergency in effect in increments of seven (7) days to facilitate the City's ongoing recovery efforts. The proposed resolution retroactively extends the declaration of emergency through March 27, 2023, and forward to April 3, 2023. RECOMMENDATION Staff recommends the City Commission consider and approve Resolution 2023-15 extending the Declaration of Local Emergency related to ongoing Hurricane Ian Recovery. 10 RESOLUTION NO. 2023-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS,FLORIDA,EXTENDING THE DECLARATION OF LOCAL CIVIL EMERGENCY DUE TO ONGOING RECOVERY EFFORTS AS A RESULT OF HURRICANE IAN; PROVIDING FOR THE FUTURE TERMINATION OF THE LOCAL CIVIL EMERGENCY BY THE CITY COMMISSION AT A LATER DATE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, on September 27, 2022, the City Commission of the City of Winter Springs enacted Resolution No. 2022-26, declaring a State of Civil Emergency for the City of Winter Springs due to the effects of Hurricane Ian,pursuant to Sections 4.05 and 4.06 of the City Charter and Section 2-255 of the City Code; and WHEREAS, pursuant to Section 4.05 of the City Charter and Section 2-255 of the City Code, Mayor Kevin McCann, in consultation with City Staff, issued a Declaration of Local Emergency due to the lingering effects of Hurricane Ian on November 8, 2022,which expired on November 15, 2022; and WHEREAS, on November 14, 2022, the City Commission enacted Resolution No. 2022- 34, which confirmed the Mayor's Declaration of Local Emergency and extended the state of local civil emergency for a period of an additional seven(7)days,which expired on November 22,2022, but contained a scrivener's error stating that it expired on November 15, 2022; and WHEREAS, on December 12, 2022, the City Commission enacted Resolution 2022-36 and retroactively extended the state of local civil emergency from November 22, 2022, to November 29,2022; from November 29,2022,to December 6,2022; and from December 6,2022, to December 12, 2022; and again extended the state of local civil emergency from December 12, 2022 to December 19,2022; and WHEREAS, on December 19, 2022, the City Commission enacted Resolution 2022-37 and extended the state of local civil emergency to December 26, 2022; and WHEREAS, on January 9, 2023, the City Commission enacted Resolution 2023-01 and retroactively extended the state of local civil emergency from December 26, 2022, to January 2, 2023; and from January 2, 2023, to January 9, 2023; and again extended the state of local civil emergency from January 9, 2023, to January 16, 2023; and WHEREAS, on January 23, 2023, the City Commission enacted Resolution 2023-05 and retroactively extended the state of local emergency from January 16, 2023,until January 23,2023; City of Winter Springs Resolution No.2023-15 Page 1 of 4 11 and again extended the state of local civil emergency from January 23, 2023 until January 30, 2023; and WHEREAS,on February 13,2023,the City Commission enacted Resolution 2023-07 and retroactively extended the state of local emergency from January 30,2023,until February 6,2023; and from February 6, 2023, until February 13, 2023, and again extended the state of local civil emergency from February 13, 2023, until February 20, 2023; and WHEREAS,on February 27,2023,the City Commission enacted Resolution 2023-09 and retroactively extended the state of local emergency from February20, 2023 until February 27, 2023; and again extended the state of local civil emergency from February 27, 2023 until March 6, 2023; and WHEREAS, on March 13, 2023, the City Commission enacted Resolution 2023-11 and retroactively extended the state of local emergency from March 6, 2023, to March 13, 2023; and again extended the state of local civil emergency from March 13, 2023,until March 20,2023; and WHEREAS, the City Commission hereby finds that the City remains in a state of emergency due to the fact that, in conjunction with other local, state, and federal agencies,the City is still in the process of implementing the City's emergency management plan and recovering from the aftermath of Hurricane Ian; and WHEREAS, on September 22, 2022, Governor Ron DeSantis issued Executive Order 2- 21E declaring a state of emergency for several counties within the State of Florida in response to Hurricane Ian, and said Executive Order was expanded on September 24, 2022, for the entire state of Florida via Executive Order 22-219, which was again extended by Executive Order 22-268. Executive Orders 22-219 and 22-268 were extended further by Executive Order 23-21. Executive Order 23-21 extends the statewide state of emergency for sixty days following January 19, 2023, the date of the Executive Order; and WHEREAS, Section 25238(3), Florida Statutes, provides authority for political subdivisions such as the City of Winter Springs to declare a state of local emergency and to exercise certain powers and authority to safeguard the lives and property of its citizens; and WHEREAS, the State of Local Emergency is required to quickly and effectively repair the City's bridges and other critical infrastructure which were damaged by Hurricane Ian; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Resolution to be in the best interest of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF WINTER SPRINGS,FLORIDA,AS FOLLOWS: City of Winter Springs Resolution No.2023-15 Page 2 of 4 12 Section 1. Recitals. The following recitals are true and correct and hereby fully incorporated herein by this reference as part of this Resolution. Section 2. Extending Declaration of Local Civil Emergency; Emergency Powers. Pursuant to Section 2-255 of the City Code, the City Commission hereby retroactively extends the state of local civil emergency for all the territory within the legal boundaries of the City of Winter Springs from March 20, 2023 to March 27, 2023, due to the lingering effects of Hurricane Ian. In addition,upon execution of this Resolution,the state of local civil emergency is continued and extended for all the territory within the legal boundaries of the City of Winter Springs for a period of an additional 7 days, from March 27, 2023 to April 03, 2023, subject to renewal for additional 7-day periods,until such time as emergency conditions are no longer present in the City. Hurricane Ian resulted in an enormous amount of property destruction, including damage to crucial portions of the City's infrastructure. This damage continues to cause an increased strain on the City's resources and continues to cause adverse effects to the citizens of Winter Springs. Section 3. Notice to the Public. Pursuant to Section 2-255(f) of the City Code, when practicable, the City Manager shall continue to cause the written notice of this Resolution to be published, in its entirety, at least one (1) day each week in a newspaper of general circulation in the city until the state of emergency is declared to be terminated. Section 4. Termination of Declaration of Civil Emergency. The Declaration of Local Emergency shall remain in effect within the jurisdictional limits of the City of Winter Springs until terminated by the City Commission by Resolution or for a duration of seven (7) days until April 03, 2023,whichever is earlier. Section 5. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Commission,or parts of resolutions in conflict herewith,are hereby repealed to the extent of the conflict. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word, or provision of this resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction,whether for substantive,procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this resolution. Section 7. Effective Date. This Resolution shall take effect immediately following adoption by the City Commission. RESOLVED by the City Commission of the City of Winter Springs, in a regular meeting assembled on the 27th day of March,2023. ]KEVIN McCANN,Mayor City of Winter Springs Resolution No.2023-15 Page 3 of 4 13 ATTEST: CHRISTIAN GOWAN,City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution No.2023-15 Page 4 of 4 14 • CONSENT AGENDA ITEM 301 n rp..T,d CITY COMMISSION AGENDA I MARCH 27, 2023 REGULAR MEETING 1959 TITLE Construction Contract for Wade Street Roadway Restoration SUMMARY Due to severe rainfall resulting from Hurricane Ian the culvert crossing on Wade Street,just north of George Street, was overwhelmed with tremendous flow. The rate of discharge was greater than the culvert was capable of handling. As a result of the overflow at the culvert crossing, the Wade Street roadway and downstream culvert headwall was demolished. The proposed improvements will entail restoration of the roadway facilities to their pre- hurricane condition while also providing additional capacity for the upstream inlets. RECOMMENDATION Staff requests Commission approve an amount not to exceed $185,080.00 for Southland Construction, Inc. to perform roadway and stormwater restoration and enhancements on Wade Street at the culvert crossing just immediately north of George Street and authorization for the Interim City Manager and City Attorney to prepare and execute any and all applicable contract documents consistent with this Agenda item. 15 ASOUTHLAND CONSTRUCTION, INC. 172 WEST FOURTH STREET APOPKA, FLORIDA 32703 TEL (407) 889-9844 FAX (407) 886-4348 March 15, 2023 City of Winter Springs 400 Old Sanford Oviedo Road Winter Springs, Florida, 32708 Attention: Mr. Philip Hursh, Interim City Manager Email: phursh@winterspringsfl.org RE: Wade Street Emergency Repair Mr. Hursh, Please find enclosed our Scope and Proposal for the above referenced project. Southland Construction, Inc. (Contractor) shall furnish to the City (Owner) all the materials and services outlined in this Proposal for the Contract price of: TOTAL: $185,080.00 The price quoted above is based upon the materials and services described more particularly in the scope and proposal attached to this letter. The above contract price is based only on the specific materials and services that are stated on the attached sheets and does not include any materials or services which subcontractor has excluded from its bid. The above contract price represents the work described in scope of work developed by Southland Construction, Inc. delivered to your attention on March 15, 2023. This proposal is made with the understanding that the contractor has had ample time to review and comment on the stated Scope of Work and proposed exclusions. Otherwise, this Proposal is made on this day, March 15, 2023 and the price quoted above will be valid for thirty (30) days from the date entered. Should you have any questions after review, please do not hesitate to call me. Sincerely, Southland Construction, Inc. Ben White 16 Project Name: Wade Street Emergency Repair March 15, 2023 Quote Number: 01-2023 GENERAL SCOPE: Southland Construction, Inc. proposes the following scope of work: 1. See attached 230228 Scope Breakdown. SUBCONTRACTOR HAS EXCLUDED FROM ITS BID THE FOLLOWING: 1. Permits 2. As Builts GENERAL NOTES: 1. A mutually agreeable schedule must be established. 2. Grates for Item 425-1-573, Type G DBI, may require up to 4-6 weeks to produce and be available to project. 3. Coordination with utility providers for work affected by active utilities within work area is provided and included by Southland. No work can begin until all utilities have been located, identified, and all providers have been contacted and requested to field inspect their service to provide direction for work affecting their service or to provide additional services to protect, repair, or relocate their facilities during embankment and restoration activities. Southland Construction, Inc. 172 west Fourth St Apopka,FL 32703 Phone: 407-889-9844 Fax: 407-886-4348 17 Project Name: Wade Street Emergency Repair March 15, 2023 Quote Number: 01-2023 TERMS AND CONDITIONS: 1. Notwithstanding anything to the contrary in the invitation to bid or in any of the bid documents(hereinafter referred to as the"Bid Package")in response to which this scope and proposal has been submitted,and in the event that Owner notifies Contractor that Owner intends to accept Contractor's proposal for the subject project, Contractor reserves the right to negotiate any and all terms and conditions of the contract agreement between Contractor and Owner,even if a proposed contract agreement has been included in the Bid packages,and even if the Bid Package states that the execution of the contract agreement in the form included in the Bid Package is mandatory.This scope and proposal shall become effective as a contract when executed by Owner and Contractor.Alternatively,if this scope and proposal is not executed by Owner and Contractor,all of the obligations of Contractor pursuant to this scope and proposal shall be conditioned upon the execution by Contractor and Owner of a contract that contains terms and conditions reasonably acceptable to Contractor. 2. Notice to owner/bond will be filed on all projects.Through this action, Southland Construction, Inc. reserves its lien rights. 3. In the event Contractor is delayed by or has any other claim for damaged and/or an extension of time caused by Owner or other Contractor, Contractor will negotiate its compensation and/or extension of time with Owner. An extension of time may not be Contractor's sole remedy for such delays. Contractor may, but shall not be required to make up time for delays not directly caused by Contractor including but not limited to delays cause by inclement weather,acts of God,strikes, unavailability or shortages of material and any government actions which can affect subcontractor's ability to perform according to the terms of this agreement). 4. All pay documentation request forms will be furnished prior to first invoice period. 5. Owner shall be invoiced monthly for the above values. Payment is due Net 30 days from the date of invoice. 6. In the event it is necessary for the Contractor to place this contract in the hands of an attorney for the enforcement of any of the Contractor's rights,including the collection of the contract price or any portion thereof from the contractor,the contractor shall be responsible for all of Contractor's expenses incurred, including Contractor's expenses incurred in the filing of a lien or bond claim,court costs and a reasonable attorney's fee. 7. Contractor's lien rights will not have to be waived in advance of receiving payment. 8. Southland Construction, Inc.will accept no back charges without prior written authorization. REVIEWED AND AGREED TO BY: Company Name Company Representative and Title (Printed) Signature Date Southland Construction, Inc. 172 West Fourth St Apopka,FL 32703 Phone: 407-889-9844 Fax: 407-886-4348 18 c 000cScS0000000vio � o 0 E-� � Noo, 000, �no � NONocoN co 69 M M --� 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 E� O A A U a U � C7 SOW E-' oQH E� A � � OUiL1HOaUUZUUwaOU • CONSENT AGENDA ITEM 302 n rp..T,d CITY COMMISSION AGENDA I MARCH 27, 2023 REGULAR MEETING 1959 TITLE Addendum to Contract for Building Department Services with Universal Engineering Sciences, Inc. SUMMARY The City is currently contracted with Universal Engineering Sciences, LLC to provide building department services. The initial term of the contract was for a period of three years, commencing on April 1, 2020 and terminating at midnight on March 31, 2023. Also included was the option for two (2) one- year extensions. This addendum exercises the first one-year extension and would extend the term from April 1, 2023 through March 31, 2024. Section 6.0 of the Agreement regulates "Payment," and Exhibit"B" contains a Fee Schedule for Services performed. Exhibit"B,""Fee Schedule and Assigned Hours," subsection III, is hereby modified as follows: Building Code Administrator/Building Official Services = $109.00 per hour (up from $100 per hour) Plan Review Services = $87.00 per hour (up from $80.00 per hour) Field Inspection Services = $87.00 per hour (up from $80.00 per hour) Further, the addendum creates Section 59.0 of the Agreement related to E- Verify. RECOMMENDATION Staff recommends the Commission approve the First Addendum to the Agreement for Building Department Services with updated hourly rates for services provided during the City's operating hours, and authorize the Interim City Manager and City Attorney to execute the contract. 20 FIRST ADDENDUM TO AGREEMENT FOR BUILDING DEPARTMENT SERVICES THIS FIRST ADDENDUM TO AGREEMENT FOR BUILDING SERVICES ("Addendum") is made and entered into by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation located at 1126 East State Road 434,Winter Springs, Florida 32708 ("City"), and UNIVERSAL ENGINEERING SCIENCES, LLC, a Florida Limited Liability Company located at 3532 Maggie Blvd., Orlando, Florida 32811 ("Service Provider"). WITNESSETH: WHEREAS, the City and Service Provider previously entered into an Agreement for Building Department Services ("Agreement") under the terms and conditions stated therein, the term of which began on April 1, 2020; and WHEREAS, the Agreement is set to terminate on March 31, 2023, unless renewed. The Agreement is subject to extension and renewal for two (2) additional one-year periods; and WHEREAS, the parties desire and mutually agree: to extend the term for an additional one(1)year term; to increase the compensation to the Service Provider in accordance with Section 6.1 and Exhibit "B" of the Agreement; to include a provision regarding statutory requirements related to the mandated use of the E-Verify system; and for the implementation of modifications as otherwise provided for herein; and NOW,THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: 1.0 Recitals. The foregoing recitals are deemed to be true and accurate and are fully incorporated herein by this reference. 2.0 Term of Agreement Extension. In accordance with Sections 2.1 and 4.0 of the Agreement,the Agreement is hereby extended for one(1)year, commencing on April 1, 2023, and terminating at midnight on March 31, 2024, unless the parties mutually agree to extend the Agreement for an additional one-year term pursuant to Section 2.1, or unless either party chooses to exercise its rights under Section 20, "Termination." 3.0 Payment. Section 6.0 of the Agreement regulates "Payment," and Exhibit "B" contains a Fee Schedule for Services performed. Exhibit "B," "Fee Schedule and Assigned Hours," subsection I11, is hereby modified as follows: III. Hourly rates for Services provided during the City's operating hours. A. Building Code AdministratorBuilding Official Services= $109.00 per hour B. Plans Review Services= $87.00 per hour First Addendum to Agreement for Building Department Services City of Winter Springs/Universal Engineering Sciences,LLC Page 1 of 3 21 C. Field Inspection Services = $87.00 per hour Except for the price increases expressly provided for above, the provisions of Exhibit "B" shall remain unchanged. 4.0. E-Verify. Section 59.0 of the Agreement is hereby created as follows: 59.0 E-VERIFY A. In accordance with Chapter 448.095, Florida Statutes, the Service Provider shall register and utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the Service Provider during the term of this Contract. B. The Service Provider shall expressly require any subcontractors performing work providing services pursuant to this Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the term of this Contract. C. The Service Provider agrees to maintain records of its participation and compliance with the provisions of the E-Verify program, including participation by its subcontractors as provided above, and to make such records available to the City consistent with the terms of the Service Provider's enrollment in the program. This includes maintaining a copy of proof of the Service Provider's and subcontractors' enrollment in the E- Verify program. D. The Service Provider must meet this requirement unless: 1. This Agreement is solely for goods-based procurement where no services are provided; or 2. Where the requirement is waived by the City Commission; or 3. The Agreement is being executed with a Sole Proprietor who does not hire employees and therefore is not required to file a Department of Homeland Security Form I-9 (which is the document used for E- Verify); or 4. The Agreement is being executed with a company based outside of the United States of America and does not employ any citizens of the United States of America. E. A Service Provider who registers with and participates in the E-Verify program may not be barred or penalized under this section if, as a result of receiving inaccurate verification information from the E-Verify program, First Addendum to Agreement for Building Department Services City of Winter Springs/Universal Engineering Sciences,LLC Page 2 of 3 22 the Service Provider hires or employs a person who is not eligible for employment. F. Nothing in this section may be construed to allow intentional discrimination of any class of persons protected by law. 5.0 Other Terms and Conditions. Any other term or condition of the Agreement not expressly modified by this First Addendum shall remain in full force and effect. AGREED: CITY OF WINTER SPRINGS UNIVERSAL ENGINEERING SCIENCES, LLC Philip Hursh, PE Print Name: Interim City Manager Title: Date: Date: ATTEST: Christian Gowan City Clerk First Addendum to Agreement for Building Department Services City of Winter Springs/Universal Engineering Sciences,LLC Page 3 of 3 23 • CONSENT AGENDA ITEM 303 n rp..T,d CITY COMMISSION AGENDA I MARCH 27, 2023 REGULAR MEETING 1959 TITLE Addendum to Purchase of New Telephone System SUMMARY As a cost saving measure, the City requested quantity of 6 refurbished conference room phone units. The hardware supplier has been unsuccessful in finding refurbished models for us. As such, we need to revise the purchase order to be quantity of 6 brand new models. The cost per unit increased by $216.01 . The new grand total for the phone system changed from $249,245.38 to $250,541 .44 RECOMMENDATION Staff recommends the City Commission approve an addendum to the 12/12/22 Commission Agenda purchase of the Cisco Phone System. The addendum is to approve and agree to an unanticipated price increase due to out-of-stock items. 24 ADDENDUM TO LEASE PURCHASE AGREEMENT ADDENDUM("Addendum") dated as of the 16th day of March 2023,to that certain Lease Purchase Agreement dated December 15, 2022 ("Agreement")between City of Winter Springs ("Lessee") and Cisco Systems Capital Corporation ("Lessor"). The parties, intending to be legally bound, agree that the Agreement shall be amended as follows: 1. Veytec,Inc. quote AAAQ13586-04 dated June 30,2022 will be revised throughout the Agreement documents to Veytec,Inc. quote AAAQ13586-07 dated March 15,2023. 2. All capitalized words terms used but not defined in this Addendum will have the meanings given to them in the Agreement. Except to the extent modified by this Addendum,the terms and conditions of the Agreement shall remain in full force and effect. hi the event of any conflict between the provisions of this Addendum and any of the provisions of the Agreement,the provisions of this Addendum shall in all respects govern and control. IN WITNESS WHEREOF, each party has caused its duly authorized officer to execute this Addendum, as of the date first written above. Lessee: City of Winter Springs Lessor: Cisco Systems Capital Corporation By: By: Name: Name: Title: Title: Date: Date: 1IPage 25 • CONSENT AGENDA ITEM 304 n rp..T,d CITY COMMISSION AGENDA I MARCH 27, 2023 REGULAR MEETING 1959 TITLE The Oviedo-Winter Springs Chamber of Commerce "Central Winds Music Festival" agreement SUMMARY The Oviedo-Winter Springs Chamber of Commerce intends to partner with the City of Winter Springs to host a one day music festival event, "Central Winds Music Festival" located at Central Winds Park on Sunday November 19th from 10am to 6pm. For several years the Oviedo-Winter Springs Chamber of Commerce has organized an art festival held annually each fall in Winter Springs. Recently Chamber staff informed City staff that continuing to organize and manage an art festival is no longer financially feasible for their organization. Chamber staff expressed their desire on continuing to offer a marquee event in Winter Springs that would be organized and managed by the Chamber of Commerce. If approved this new event will replace The Festival of the Arts. City staff has been working with Chamber staff to identify a venue and date that will meet their needs. The proposed agreement will include a $2,000.00 facility rental fee for the exclusive use of Central Winds Park by The Chamber. Additional Oviedo-Winter Springs Chamber of Commerce obligations include, but are not limited to, providing payment for additional overtime exceeding $5,500.00 for City Law enforcement, overnight security services (if needed), all banner production costs, cost of repairs to event space (if needed), advertising, parking coordination for vendors, stage, sound, lighting, entertainment, food, beverage, generators, light towers, vendor coordinator, portable restroom facilities, etc. The City of Winter Springs will provide City Law enforcement services of up to $5,500.00 in overtime for services authorized by the Interim City Manager/City Manager to ensure public safety. Further City obligations include, but are not limited to, allowing event parking in City areas as appropriate, providing available restroom facilities at the baseball complex, two light towers in 26 addition to those provided by the Chamber, event promotion by City social media as appropriate, site preparations to include mowing grass and spraying insect repellant and road closures as necessary. RECOMMENDATION Staff recommends Commission approval for this agreement between the Oviedo-Winter Springs Chamber of Commerce and the City of Winter Springs to host the first annual " Central Winds Music Festival " Additionally, staff recommends authorizing the Interim City Manager and City Attorney prepare and execute any and all documents consistent with this agenda item. 27 CITY OF WINTER SPRINGS, FLORIDA 1st ANNUAL CENTRAL WINDS MUSIC FESTIVAL PERMIT AGREEMENT THIS PERMIT AGREEMENT ("Agreement") is made and entered into as of the day of , 2023, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation ("City"), and THE OVIEDO-WINTER SPRINGS REGIONAL CHAMBER OF COMMERCE,INC. a Florida Not For Profit Corporation ("Permittee"). WITNESSETH: WHEREAS, Permittee desires to hold a Special Event for the benefit of the public in the interest of increasing public awareness of music, through the production of the Central Winds Music Festival on November 19, 2023 in Central Winds Park, located in and owned by the City of Winter Springs, Florida; and WHEREAS, Permittee desires a permit from the City which would authorize the Permittee to hold the lst Annual Central Winds Music Festival at the Central Winds Park as permitted under the terms of this Agreement; and WHEREAS, Permittee represents and warrants that it has the personnel, tools, materials, and experience to satisfy the permit requirements set forth hereunder and to provide the Special Event as provided herein. NOW THEREFORE, in consideration of the provisions contained in this Agreement, and other good and valuable consideration in which the parties acknowledge has been received, the parties agree as follows: 1.0 Incorporation of Recitals: The foregoing recitals are true and correct and by this reference are fully incorporated into this Agreement. 2.0 General Provisions: 2.1 Definitions. a) "Advertise" shall mean the act of publicly announcing or calling attention to the Special Event and could include, but not be limited to, the distribution of handbills or mass mailings, the use of outdoor advertising and announcements by billboard, poster, radio, television, or newspapers. b) "Agreement" or "Contract" shall mean this Agreement and all exhibits and addendums thereto between the City and Permittee regarding the Special Event permitted herein. 1st Annual Central Winds Music Festival 2023 City of Winter Springs/Oviedo-Winter Springs Regional Chamber of Commerce,Inc. Page 1 of 12 28 c) "Central Winds Park" shall mean the park owned and operated by the City, which is located within the City of Winter Springs on State Road 434 and adjacent to the Winter Springs High School and Lake Jessup. d) "City" shall mean the City of Winter Springs, a Florida municipal corporation and its employees, agents and contractors. e) "City Manager" shall mean the City Manager of the Winter Springs, Florida or his designee. f) "Permittee" shall mean THE OVIEDO-WINTER SPRINGS REGIONAL CHAMBER OF COMMERCE, INC., a Florida Not For Profit Corporation, and its officers, employees, agents, and its contractors. g) "Effective Date" shall be the date on which the last signatory hereto shall execute this Agreement, and it shall be the date on which this Agreement shall go into effect. The Agreement shall not be effective against any party until said date. h) "Public Records" is as defined in Chapter 119, Florida Statutes. i) "Special Event" shall mean the outdoor Central Winds Music Festival to be held at Central Winds Park, further described in this Agreement. The Special Event shall be held on November 19, 2023. The Special Event shall be planned, promoted, managed, and operated by the Permittee pursuant to the terms of this Agreement. 2.2 Permit. The City hereby permits the Permittee and the Permittee agrees to provide the Special Event outlined in this Agreement. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated in this Agreement. 3.0 Scope of Special Event. Permittee agrees to provide the following Special Event under the following special operating conditions: 3.1 Special Event. Permittee shall advertise, produce, plan, promote, manage and operate the Special Event in cooperation with the City. In furtherance thereof, Permittee agrees to keep the City Manager fully informed of its plan to promote, manage, and operate the Special Event so that City can reasonably satisfy its obligations under this Agreement and reasonably address issues of public health, safety, and welfare related to the Special Event. 3.2 Food and Beverage. Permittee agrees to provide all food and beverage concessions for the Special Event. Alcoholic beverages shall be limited to beer and wine. Permittee shall retain all fees, commissions, and net profits from the concessions provided by Permittee. 1st Annual Central Winds Music Festival 2023 City of Winter Springs/Oviedo-Winter Springs Regional Chamber of Commerce,Inc. Page 2of12 29 3.3 Sponsorship; Event Fees. Unless otherwise provided in this Agreement, Permittee shall retain the sole right to all sponsorships and paid fees for the Special Event. 3.4 Staging; Other Production Materials. Permittee shall provide all staging and production materials necessary to produce a high quality Special Event including, but not limited to, professional audio system, staging and stage lighting, golf carts, radios,tents, port-a-lets, security, event staff, and catering for staff. 3.5 Professional Entertainment. Permittee shall provide professional entertainment during the Special Event as deemed appropriate to a family-oriented and traditional Music Festival event. 3.6 City Special Event Policy. Permittee agrees to comply with the City's written Special Event policies, if any, deemed applicable to the Special Event by the City Manager. 3.7 Permits. Permittee shall obtain all local, state, and federal permits necessary to hold the Special Event and conduct any particular activities therein. City shall waive all City permit fees for the Special Event in consideration of the compensation required to be paid City under this Agreement. 4.0 Compensation, Expenses and Obligations. Compensation, expenses and obligations for the Special Event shall be paid as follows: 4.1 Permittee Expenses. Unless otherwise provided in this Agreement, Permittee shall pay all costs and expenses necessary for the Permittee to satisfy its obligations under this Agreement including, but not limited to, (1) the cost of overtime exceeding $5,500.00 for City law enforcement services authorized by the City Manager to ensure public safety during the Special Event and during set- up and breakdown of the Special Event; (2) overnight security services, if desired by Permittee; (3)facility rental fee for use of Central Winds Park in the amount of Two Thousand Dollars and Zero Cents ($2,000.00); (4) all costs of production and otherwise relating to all Central Winds Music Festival banners (5) actual cost to repair any damage to Central Winds Park and adjacent areas incurred as a direct result of the Special Event; (6) all advertising, directional, informational and like signage for the Special Event; (7) parking coordination for musicians, vendors, and public; (8) stage, sound system, lighting, and entertainment; (9) all food and beverages; (10) provide portable restroom facilities (and the cleaning and stocking thereof); (11) all generators needed for the event; (12) all necessary power at Central Winds Park to include three phase 300-amp; single phase 100- amp power drop at the main stage location and additional 20-amp as needed (each of the main drops must be isolated for during the Special event and on set-up days); (13) a minimum of eight (8) light towers to be used for the Event; and (14) clean up during and at the conclusion of the Special Event, including but not 1st Annual Central Winds Music Festival 2023 City of Winter Springs/Oviedo-Winter Springs Regional Chamber of Commerce,Inc. Page 3 of 12 30 limited to the set-up and emptying of all trash containers both throughout and until the conclusion of the Special Event. Payment for any expenses owed to the City under this provision shall be made no later than ten (10) days following the City's submission of such expenses to Permittee. If Permittee desires that such banners be returned to Permittee following the Event, Permittee is responsible for the coordination and pickup from City staff of such banners within one week of the Event. 4.2 City Obligations. City shall provide the following services and facilities for the Special Event: (1) use of Central Winds Park on the day of the Central Winds Music Festival, and Permittee shall have general access during the four (4) preceding days for set-up purposes and the four (4) days following the event for load out and clean up purposes; (2)use of Central Winds Parking areas in addition to City-owned parking areas at City Offices; (3)restroom facilities at the baseball complex; (4) promotion of the event through The Insider, E-Alerts, City Hall electronic sign messaging, and City website; (5) hanging and removal of Central Winds Music Festival banners on existing pole brackets, and, if also provided to the City by Permittee, hanging and removal of one forty-foot (40') long event banner; (6) use of electric as available in Central Winds Park; (7) mowing of the Special Event site; (8) spraying of a barrier spray and mosquito spray; (9) road closure and re-opening of Orange Avenue as needed, as determined at the City's discretion; (10) installation and removal of two (2) City-owned light towers and diesel fuel for same; (11) trash containers and liners for set-up, use, and emptying by Permittee, as required in Section 4.1 above; (12) coordination of fire and first aid services; (13) ensure the shutting down of irrigation at Central Winds Park on the Special Event date; and (14) the cost of overtime not to exceed $5,500.00 for City law enforcement services authorized by the City Manager to ensure public safety during the Special Event and during set-up and breakdown of the Special Event. 5.0 Due Diligence. Permittee acknowledges that it has investigated prior to the execution of this Agreement and satisfied itself as to the conditions affecting the Special Event desired hereunder, the availability of materials and labor, the cost thereof, the requirements to obtain necessary insurance, permits,professional entertainment and the steps necessary to complete the Special Event within the time set forth herein. The Permittee warrants unto the City that it has the competence and abilities to carefully, professionally, and faithfully complete the Special Event in the manner and within the time limits proscribed herein. The Permittee will perform the Special Event with due and reasonable diligence consistent with sound professional and labor practices and with due and reasonable consideration to the public health, safety, and welfare. 6.0 General Miscellaneous Provisions. The following general miscellaneous provisions shall apply to this Agreement: 6.1 Time of the Essence. The City's responsibility to make Central Winds Park and adjacent areas available to Permittee is limited to the time periods set forth I"Annual Central Winds Music Festival 2023 City of Winter Springs/Oviedo-Winter Springs Regional Chamber of Commerce,Inc. Page 4 of 12 31 hereunder. As such, the Permittee acknowledges and agrees that time is of the essence for the completion of the Special Event to be performed under this Agreement. 6.2 Non-Business Day. In the event that any period of time as set forth in this Agreement expires or any date herein occurs on a Saturday, Sunday, holiday or other non-business day, then such date shall automatically extend to 5:00 p.m. on the next subsequent business day, excluding the day(s) the Special Event will be held pursuant to this Agreement. 6.3 No Assignment. This Agreement shall not be assigned or transferred unless prior written consent is granted by the City Commission of Winter Springs. 6.4 Further Assurances. From and after the execution of this Agreement, each of the parties hereto shall fully cooperate with each other and perform any further act(s), execute and deliver any further documents which may be necessary or desirable in order to carry out the purposes and intentions of this Agreement. 6.5 Legal Representation. The parties acknowledge that Anthony A. Garganese, Esquire, and Garganese, Weiss, D'Agresta & Salzman, P.A., and other attorneys therein, have acted as counsel for the City in connection with this Agreement and the transactions contemplated herein, and have not given legal advice to any party hereto other than the City. 6.6 Severability. If a word, sentence, or paragraph herein shall be declared illegal, unenforceable, or unconstitutional, the said word, sentence, or paragraph shall be severed from this Agreement, and this Agreement shall be read as if said illegal, unenforceable, or unconstitutional word, sentence, or paragraph did not exist. 6.7 Governing Law and Venue. This Agreement shall be governed by the law of the State of Florida. Venue of all disputes shall be properly placed in Seminole County, Florida. The parties agree that the Agreement was consummated in Seminole County, and the site of the Special Event is Seminole County. If any dispute concerning this Agreement arises under Federal law, the venue will be Orlando, Florida. Any objections to jurisdiction and venue are expressly waived. 6.8 Attorney's Fees. Should any litigation arise concerning this Agreement between the parties, the parties agree to bear their own costs and attorney's fees and paralegal's fees. 6.9 Non Waiver. No delay or failure by either party to exercise any right under this Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any other rights, unless otherwise expressly provided herein. 6.10 Notices. Any notice, request, instruction, or other document to be given as part of this Agreement shall be in writing and shall be deemed given under the following 1st Annual Central Winds Music Festival 2023 City of Winter Springs/Oviedo-Winter Springs Regional Chamber of Commerce,Inc. Page 5 of 12 32 circumstances: when delivered in person; or three (3) business days after being deposited in the United States Mail, postage prepared, certified or registered; or the next business day after being deposited with a recognized overnight mail or courier delivery service; or when transmitted by facsimile or telecopy transmission, with receipt acknowledged upon transmission; and addressed as follows (or to such other person or at such other addresses, of which any party hereto shall have given written notice as provided herein): TO THE CITY: City Manager City of Winter Springs 1126 East S.R. 434 Winter Springs, FL 32708-2799 (407) 327-5957 (Phone) (407) 327-6686 (Fax) WITH A COPY TO: Anthony A. Garganese, City Attorney Garganese, Weiss, D'Agresta, & Salzman P.A. 111 N. Orange Avenue, Suite 2000 Orlando, FL 32802-2873 (407) 425-9566 (Phone) (407)425-9596 (Fax) TO PERMITTEE: Roxane Ferguson, President The Oviedo-Winter Springs Regional Chamber of Commerce P.O. Box 621236 Oviedo, FL 32762-1236 Phone: (407)278-4870 Email: mailto:rfergusonkowsrcc.org 6.11 Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered, shall be original; but such counterparts shall together constitute but one and the same instrument. 6.12 Public Record. In accordance with section 119.0701, Florida Statutes, Permittee agrees that all documents, transactions, writings, papers, letters, tapes, photographs, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to this Agreement or in connection with any funds provided by the City pursuant to this Agreement may be considered public records pursuant to Chapter 119, Florida Statutes. Permittee agrees to keep and maintain any and all public records that ordinarily and necessarily would be required by the City in order to perform the services required by this Agreement. Permittee also agrees to provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes or as otherwise 1st Annual Central Winds Music Festival 2023 City of Winter Springs/Oviedo-Winter Springs Regional Chamber of Commerce,Inc. Page 6 of 12 33 provided by law. Permittee shall also ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. In addition, Permittee shall meet all requirements for retaining public records and transfer, at no cost, to the City all public records in possession of the Permittee upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. If Permittee does not comply with a public records request, the City shall have the right to enforce the provisions of this Paragraph. In the event that Permittee fails to comply with the provisions of this Paragraph, and the City is required to enforce the provisions of this Paragraph, or the City suffers a third party award of attorney's fees and/or damages for violating the provisions of Chapter 119, Florida Statutes due to Permittee's failure to comply with the provisions of this Paragraph, the City shall be entitled to collect from Permittee prevailing party attorney's fees and costs, and any damages incurred by the City, for enforcing this Paragraph against Permittee. And, if applicable, the City shall also be entitled to reimbursement of any and all attorney's fees and damages which the City was required to pay a third party because of Permittee's failure to comply with the provisions of this Paragraph. This Paragraph shall survive the termination of this Agreement. 6.13 Interpretation. Both the City and the Permittee have participated substantially and materially in the drafting of all parts of this Agreement. As a result, it is the intent of the parties that no portion of this Agreement shall be interpreted more harshly against either of the parties as the drafter. 6.14 No Joint Venture. This Agreement shall not in any way be deemed to create a joint venture or principal-agent relationship between Permittee and the City. 6.15 No City Representations and Warranties; Success of Special Event. Permittee agrees and acknowledges that the City has made no representations and warranties regarding the Special Event. Permittee has assumed full responsibility for furnishing, performing, and completing the Special Event and that Permittee agrees and acknowledges the City has in no way guaranteed that the Special Event will be successful and profitable by any person's standard and belief of success and profit. 7.0 Entire Agreement. This Agreement represents the entire and integrated Agreement between the parties and supersedes all prior negotiations, representations, or Agreements, either oral or written, and all such matters shall be deemed merged into this Agreement. 8.0 Sovereign Immunity. The City intends to avail itself of the benefits of Section 768.28, Florida Statutes and any other statutes and common law governing sovereign immunity to the fullest extent possible. Neither this provision nor any other provision of this Agreement shall be construed as a waiver of the City's right to sovereign immunity under I"Annual Central Winds Music Festival 2023 City of Winter Springs/Oviedo-Winter Springs Regional Chamber of Commerce,Inc. Page 7 of 12 34 Section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. Permittee agrees that City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, City shall not be liable for any claim or judgment, or portion thereof, to any one person for over two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds three hundred thousand dollars ($300,000.00). Nothing in this Agreement is intended to inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. This paragraph shall survive termination of this Agreement. 9.0 General Liability Insurance. For all activities and services permitted and which occur under this Agreement, including any and all activities and services provided and performed by Permittee and by authorized participants of the Special Event, the Permittee shall purchase and maintain, at its own expense, such general liability insurance, food and liquor liability insurance and automobile liability insurance to cover claims for damages because of bodily injury or death of any person or property damage arising in any way out of the activities and services permitted and occurring under this Agreement, including any and all activities and services provided and performed by Permittee and by authorized participants of the Special Event. The insurance shall have minimum limits of coverage of $1,000,000.00 per occurrence combines single limit for bodily injury liability, property damage liability, and food and liquor liability. This shall include, but not be limited to, automobile liability of owned vehicles, hired and non-owned vehicles, and employee non-ownership. All insurance coverage shall be insurer(s) approved by the City Manager and licensed by the state of Florida to engage in business of writing of insurance. Neither approval by the City nor failure to disapprove the insurance furnished by a Permittee shall relieve the Permittee of the Permittee's full responsibility for performance of any obligation including the Permittee's indemnification of the City under this Agreement. The City shall be named on the foregoing insurance policies as "additional insured." The Permittee shall cause its insurance carriers to furnish insurance certificates and endorsements clearly specifying the types and amounts of coverage and effect pursuant hereto, the expiration date on such policies, and the statement that no insurance under such policies will be cancelled without thirty (30) days prior written notice to the City in compliance with other provisions of this Agreement. The Permittee shall furnish the Certificate of Insurance directly to the City's designated representative. The Permittee shall be solely responsible to pay any deductible, if any, relating to any claim made against the insurance coverages and policies provided under this Agreement. If this City has any objection to the coverage afforded by or other provision of the insurance required to be purchased and maintained by the Permittee in accordance with this paragraph on the basis of its not complying with the Agreement, the City shall notify the Permittee in writing thereof within thirty (30) days of the date of delivery of such certificates and endorsements to the City. For all activities and services permitted and occurring under this Agreement, including any and all activities and services provided and performed by Permittee and by authorized participants of the Special Event, the 1st Annual Central Winds Music Festival 2023 City of Winter Springs/Oviedo-Winter Springs Regional Chamber of Commerce,Inc. Page 8 of 12 35 Permittee shall continuously maintain such insurance in the amount, type, and quality as required by this paragraph. 10.0 Indemnification and Hold Harmless. 10.1 For all activities and services permitted and occurring under this Agreement, including any and all activities and services provided and performed by Permittee and by authorized participants of the Special Event, the Permittee agrees to the fullest extent permitted by law, to indemnify and hold harmless the City and its employees, officers, officials, agents, servants, and attorneys from and against any and all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorney's fees), which directly or indirectly arises out of, or results from any act or failure to act of Permittee or any person authorized by Permittee to participate in the Special Event which in any way is related to Permittee's obligations under this Agreement, and/or the services and activities provided and performed under this Agreement. The indemnification provided above shall obligate the Permittee to defend at its own expense or to provide for such defense, at the option of the City, as the case may be, of any and all claims and liability and all suits and actions of every name and description that may be brought against the City or its employees, officers, officials, agents, servants, and attorneys which may arise or result from this Agreement. In all events the City shall be permitted to choose legal counsel of its sole choice, the fees for which shall be reasonable and subject to and included with this indemnification provided herein. This section shall survive termination of this Agreement. 10.2 Supplemental Addendum to Agreement Relating to Infectious Communicable Diseases. In addition to the Indemnity and Hold Harmless provisions as set forth in Section 10.1, Permittee further agrees, to the fullest extent permitted by law, to all provisions of the Waiver of Liability and Hold Harmless Agreement (Infectious Communicable Diseases Including Covid-19) ("Infectious Communicable Disease Waiver") attached hereto as a Supplemental Addendum to the Agreement and which is fully incorporated herein by this reference. Permittee shall execute the Infectious Communicable Disease Waiver along with this Agreement. 11.0 Standard of Care. In performing its activities and services hereunder, the Permittee will use that degree of care and skill ordinarily exercised, under similar circumstances by reputable members of its profession practicing in the same or similar locality. Permittee shall protect the public and property from any safety hazards directly or indirectly resulting from the Special Event and authorized participants thereto. 12.0 Public Forum Areas. The parties acknowledge and agree that during special events held on City owned or leased property, some portions of City owned or leased property such as roads, sidewalks and parks, may be considered a traditional, limited or designated 1st Annual Central Winds Music Festival 2023 City of Winter Springs/Oviedo-Winter Springs Regional Chamber of Commerce,Inc. Page 9of12 36 public forum under law. For these areas, the parties acknowledge that the general public may have certain levels of First Amendment rights to express themselves freely within the parameters of the U.S. and Florida Constitutions. The City intends to preserve its rights and discretion to exercise control over these areas to promote an orderly special event and public safety, but the City's control over and acceptance of First Amendment activities may be limited and will be governed by constitutional principles of law. The City does not provide any endorsements, guarantees or commitments of any kind to Permittee regarding any of these First Amendment activities should they occur during the Special Event even if said activities interfere with or impede the Special Event held by Permittee under this Agreement. 13.0 Suspension or Cancellation of Special Event. The City shall have the right to temporarily suspend or cancel the Special Event at any time in the event of an adverse weather condition, emergency, or in the event of any other occurrence requiring the temporary suspension or cancellation of the Special Event in furtherance of the health, safety and welfare of the City, pursuant to its inherent police powers under Chapter 166, Florida Statutes. Any such suspension or cancellation shall be at the City's sole discretion and shall be without penalty to the City. The City shall provide Permittee with notice of any suspension or cancellation of the Special Event as soon as is practicable under the circumstances warranting suspension or cancellation. If the Special Event is cancelled through no fault of the Permittee, the City shall refund any fees paid by Permittee under this Agreement. 14.0 Term. The term of this Agreement shall commence upon full execution of this Agreement by the parties and end at such time Permittee has fully performed all the services required by this Agreement to the complete satisfaction of the City. 15.0 Permittee's Signatory. The undersigned person executing this Agreement on behalf of Permittee hereby represents and warrants that he has the full authority to sign said Agreement for Permittee and to fully bind Permittee to the terms and conditions set forth in this Agreement. 16.0 Reporting Requirement. No later than sixty (60) days after the Special Event, Permittee agrees to make a presentation to the City Commission recapping the successes and challenges experienced during the Special Event. During the City Commission meeting, the Permittee will also present a written profit and loss statement for the Special Event which details the revenues received and expenses incurred by the Permitee. [Remainder ofpage intentionally blank. Signature page follows.] 1st Annual Central Winds Music Festival 2023 City of Winter Springs/Oviedo-Winter Springs Regional Chamber of Commerce,Inc. Page 10 of 12 37 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year written above. CITY OF WINTER SPRINGS,FLORIDA THE OVIEDO-WINTER SPRINGS REGIONAL CHAMBER OF COMMERCE,INC. By: By: Roxane Ferguson, President Name: Date: Title: Date: 1stAnnual Central Winds Music Festival 2023 City of Winter Springs/Oviedo-Winter Springs Regional Chamber of Commerce,Inc. Page 11 of 12 38 SUPPLEMENTAL ADDENDUM TO CITY OF WINTER SPRINGS 1ST ANNUAL CENTRAL WINDS MUSIC FESTIVAL PERMIT AGREEMENT WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT INFECTIOUS COMMUNICABLE DISEASES INCLUDING COVED-19 As a condition of the use of any CITY OF WINTER SPRINGS ("CITY") Facilities and/or Property (collectively referred to as the "Facilities")and in consideration of being allowed to use the Facilities and to conduct and participate in the 1st Annual Central Winds Music Festival and related activities conducted by Permittee (collectively referred to as "Activities") thereon of any kind whatsoever, I, as the Applicant and Special Event Organizer("Permittee"),on behalf of the Permittee,and any officers,employees,agents,contractors,volunteers, and guests under their supervision and control or for whom Permittee has the capacity to contract, hereby acknowledge and agree to the following: 1. The Permittee understands that use of the Facilities includes possible exposure to illness from infectious communicable diseases including,but not limited to MRSA, influenza, and the novel coronavirus ("COVID-19"). Permittee understands the hazards of infectious communicable diseases such as COVID-19 and is familiar with the Centers for Disease Control and Prevention (`CDC") guidelines regarding COVID-19. Permittee acknowledges and understands in particular that the circumstances regarding COVID-19 are changing from day to day and that, accordingly,the CDC guidelines are regularly modified and updated,and Permittee accepts full responsibility for familiarizing itself with the most recent updates about COVID-19 and any other infectious communicable disease.Permittee further recognizes and assumes the risk that while the City has implemented sanitation procedures for its Facilities, infectious communicable diseases and COVID-19 in particular may remain on surfaces for days,sanitation procedures do not guarantee in anyway such disease is not present,and other individuals present within or upon the Facilities may be COVID+or infected with some other infectious communicable disease and Permittee accepts the inherent risks associated therewith by entering the Facilities or engaging in the Activities. 2. Notwithstanding the risks associated with infectious communicable diseases, including but not limited to those specifically set forth herein, which Permittee readily acknowledges,it hereby willingly chose to be in or on the Facilities and participate in Activities. Permittee shall also provide its officers,employees,agents,contractors,volunteers,and guests such health advisories it deems appropriate to maintain safety,in its sole responsibility and discretion,regarding communicable diseases and COVID-19 related to participating in the Activities at the Facilities, and Permittee shall further take such health and safety precautions that Permittee deems appropriate,in its sole responsibility and discretion,to ensure the health and safety of itself,and its officers,employees,agents,contractors,volunteers,and guests who will be present at the Facilities and participate in the Activities. 3. Permittee acknowledges and fully assumes the risk of illness or death related to all kinds of infectious communicable diseases including,but not limited to,COVID-19 arising from Permittee conducting the Activities at the Facilities and hereby RELEASE,WAIVE, DISCHARGE, AND COVENANT NOT TO SUE (on behalf of itself, and any officers, employees, agents,contractors, volunteers, and guests under their supervision and control or for whom Permittee has the capacity to contract to the extent legally possible,on behalf of any others with whom Permittee may come into contact and allege that they became ill or contracted any infectious communicable disease including,but not limited to, COVID-19 due to Permittee's and any of its officer's, employee's, agent's, contractor's, volunteer's, and guest's presence in or on the Facilities and/or participation in the Activities),the CITY and the City's elected officials,officers,attorneys,directors,employees,professional staff, agents and assigns (the"RELEASEES") from any liability related to any and all infectious communicable diseases including,but not limited to COVID-19 which might occur as a result of Permittee conducting the Activities at the Facilities. 4. Permittee shall hold harmless the RELEASEES from and against any and all claims, demands, suits,judgments, losses or expenses of any nature whatsoever(including,without limitation,attorneys' fees,costs and disbursements,whether of in-house or outside counsel and whether or not an action is brought,on appeal or otherwise),arising from or out of,or relating to, directly or indirectly,the infection of any and all communicable diseases including,but not limited to,COVID-19 or any other illness,property damage,injury or death alleged to have occurred on or in the Facilities or arising out of the Activities. 5. It is Permittee's express intent that this Waiver and Hold Harmless Agreement shall bind any assigns and representatives,and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASEES. This Agreement and the provisions contained herein shall be construed,interpreted and controlled according to the laws of the State of Florida and Venue related to any legal action related to the subject matter contained in this Agreement shall be Seminole County, Florida. PERMITTEE HEREBY KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT TO A JURY TRIAL OF ANY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT. PERMITTEE ACKNOWLEDGES THAT THIS WAIVER WAS EXPRESSLY NEGOTIATED AND IS A MATERIAL INDUCEMENT TO THE AUTHORIZATION GRANTED BY CITY TO BE ON OR IN THE FACILITIES AND PARTICIPATE IN THE ACTIVITIES. IN SIGNING THIS AGREEMENT.PERMITTEE ACKNOWLEDGES AND REPRESENTS THAT Permittee has read the foregoing Waiver of Liability and Hold Harmless Agreement, understands it and signed it voluntarily as Permittee's own free act and deed; no oral representations,statements,or inducements,apart from the foregoing written agreement,have been made;the undersigned is at least eighteen (18)years of age and fully competent and authorized to contractually bind the Permittee;and the undersigned executes this Agreement for full, adequate and complete consideration fully intending to bind the Permittee to the terms and conditions of this Agreement. Permittee further represents this waiver and hold harmless is not in lieu of,but rather in addition to,any other waiver,hold harmless,release or indemnification set forth in the City of Winter Springs,Florida's 1st Annual Central Winds Music Festival Permit Agreement and the CITY's adopted Rules, Policies &Rates for Usage for All CITY Facilities. This Agreement is hereby incorporated into and made a part of the 1st Annual Central Winds Music Festival Permit Agreement if executed in conjunction herewith. IN WITNESS WHEREOF,I have signed this Waiver and Agreement on this day of 12023. NAME OF/ORGANIZATION/PERMITTEE: SIGNATURE: NAME/TITLE: 1st Annual Central Winds Music Festival 2023 City of Winter Springs/Oviedo-Winter Springs Regional Chamber of Commerce,Inc. Page 12 of 12 39 • CONSENT AGENDA ITEM 305 n rp..T,d CITY COMMISSION AGENDA I MARCH 27, 2023 REGULAR MEETING 1959 TITLE Donation of Outdoor Patio Furniture to the Police Department SUMMARY RECOMMENDATION Staff recommends commission to receive and accept a donation of outdoor patio furniture from Action Church with an estimated value of$6,000.00. This will provide an outdoor seating area that is under cover for our members to eat and relax. 40 • REGULAR AGENDA ITEM 500 n rp..T,d CITY COMMISSION AGENDA I MARCH 27, 2023 REGULAR MEETING 1959 TITLE Non-Binding Presentation: The Adel at Lake Jesup SUMMARY The applicant intends to present their concept for The Adel at Lake Jesup, a proposed 14-lot single-family residential subdivision located on the north side of Orange Ave. in the Town Center District. The use of single-family detached housing is a permitted use in the T3 Transect, and therefore the applicant is looking for feedback and direction from the City Commission specifically as it relates to aesthetics. RECOMMENDATION The City Commission may review and provide non-binding and preliminary review comments related specifically to the aesthetics as a courtesy to the applicant per Sec. 20-28-1 . 41 •p 1 � 'Aft oil i: 1/X i hIMA I ' 4� 4� C� C� 4� M d' o O O Cd to to — U � � W tn 00 O O � ti N a) w o? O a to o to ., � a C •� w O toCD to oCD w H a a� 5 o a o , p� C7 a) UJ -� N OCd Cd U r N �+ O Cd O O V1 oCdH M W W b o W v� U U to Cd aD _ O N 0 U M M m W � V) cd W O rA cn O 5 a) Q Q a Q Q °? 0 y N y0 U x� Ucd �. n t yy CX Q W H W U ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ { A 1 '1. > ,;�� �°. _ � � ���� �• 6 �� �p �` z - ' •r � _ �.' � � '. �� y..� ., _S,�. .'�� 'era. �'�'� i err .ti �. t • � - ■ - Y 1 I� �11 I��I�� �� �� � �� ����� ������ � �� . '� . .j w a � _ _ '+ �• � '� � +� � k� i — o �. .k w i It1111111111111111i �llllllllllllllllll. ' S 15511115111 11111111ti ••—�'$— R'1111' , 11At'd, �i ti1.t'iltl t a m ��R � p • � •� ] Lin r 'k low I tZ+ l,. I A � .�Y , i �$' w��4 F, � ��� �� -. s r � ������ ��� liii����� -: ' � � � �� �!. � � 'llll#�i�: ,�'; �FIIPIB�II,I �1 .. - . , � .. � . �� 'T • �� R`, .,•; ' • • � I , .� p _ � � _ - ,, • ti -- -- _ ; •r +r a. 1 °� �. � �� � � r --- �,�;, . �-_ � �� ~�-��� • ; ��k+ NMI i x, , . ��' __ I ���; iO4 LU -j E:1 LU C- MT F z LIL�-IL] 011 lul.11 0 LO z! W 0 N H U a� C� W L----------------------� Zt I J I W i LL r Ln o �2wTj xb u p�k�E i g w . gu � i Ws .� aw y f r� z o o 87 o00 c ,k CL N Fad• � ��(� $ Y r � r A Z C 5 O ; � ` Z / • •� D �In � -•� � JI O F I 15 4 I F A� f i i Y. r 'l s 4 0 W NOW ISMIMM OWN- •1.: MND Y • REGULAR AGENDA ITEM 501 n rp..T,d CITY COMMISSION AGENDA I MARCH 27, 2023 REGULAR MEETING 1959 TITLE Discussion on Non-Binding Presentation Requirement SUMMARY Deputy Mayor Elliott requested that a discussion be held to consider requiring non-binding reviews by development applicants. The Commission previously adopted Ordinance 2019-09 which created Section 20-28.1 of the City Code, included below: Sec. 20-28.1. - Conceptual plan review—Non-binding and binding by development agreement. Applicants may, at their option and sole cost and risk, submit site layout and building elevation designs in schematic or sketch form to the city commission for a non-binding and preliminary review as an initial courtesy to the applicant. These submittals are subject to a more formal application process which requires the submission of more detailed plans and specifications and requires a more detailed review and final consideration of approval by the city commission. Comments and statements made by city officials at the preliminary review are non-binding unless memorialized in a written agreement approved by the city commission. City staff and the applicant shall only seek feedback from the commission and city staff shall not make a formal recommendation regarding the proposed project at this time, unless the application is accompanied by a written development agreement being proposed by city staff for the commission's approval or during the preliminary review, a development agreement is pursued by the city commission and the applicant. In which case, the city staff shall make a recommendation regarding the application and proposed agreement. This non-binding and preliminary review shall not be relied upon by the applicant as a final decision and shall not be construed in any manner as creating any vested right or entitlement for the development of the subject property. By requesting and participating in the optional preliminary review process, the applicant shall be deemed to have read and agreed to this code provision and to hold the city and its officials harmless for any future actions they may have taken based on the results of a preliminary review pursuant to this section. 53 RECOMMENDATION Staff recommends the Commission discuss and provide further direction. 54 • REGULAR AGENDA ITEM 502 n rp..T,d CITY COMMISSION AGENDA I MARCH 27, 2023 REGULAR MEETING 1959 TITLE Selection of Alternate Storm Design Criteria SUMMARY The City Commissioners were provided in prior Commission Meetings, alternate design storm criteria in a three-part presentation by Pegasus Engineering (David Hamstra, PE) in the aftermath of Hurricane Ian. Per the direction of the Commission the alternate design storm criteria was requested in order to provide an added measure of safety to the residents of Winter Springs. 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L 41 „. 4 IWA— V _ { a L � u +Ey 3 r � y M x � w O 61i b - C ti �� s ._ � _ � � o �. � N �ti ���: �. �. _ q, +y �.`+ �� + .� to i :i ^ � ���Y y,, r w.�+_-r tiY tix I } , 1�/ <> r � .... e, ';� M 1, y y.y f:A F F v� : v r g � i ti L p � U � x O (D ry L ' r. C. O O ,` (U ._ ._ o � � � � •_ O O } u Z ................... � � 0 F Z ; r 20 �G All7' W� U= r z W z L^ w z D a) vi lip W 7 O ;• 2 z W .... W 2 zo •— t p -C a b y a deAna f- Q O E W W � L 1 � U MIME L � o O o � � � H E E c o 0 0 .o _ - - - _ dP O F I14 t : I�i1 YY1 I 0 W V` N ) 00 0 3 N � z � " CN � tea, � . cu .- HMO O N • REGULAR AGENDA ITEM 503 n rp..T,d CITY COMMISSION AGENDA I MARCH 27, 2023 REGULAR MEETING 1959 TITLE Discussion on Temporary Moratorium SUMMARY Ordinance 2022-12 was adopted on January 9, 2023 adopting a temporary moratorium within the City regarding the filing, processing, consideration, or decision of final engineering plan and subdivision of land applications for development requiring construction of stormwater management and drainage systems under Section 9- 241 of the City Code in all zoning districts of the City effective for a period of 90 days, with the option for the City Commission to extend the moratorium period for an additional three months if necessary to allow the City Commission, City Land Planning Agency, City Staff and City Attorney to develop amendments to Chapter 9 of the City Code and applicable Comprehensive Plan requirements to enhance the stormwater design requirements of the City. Pegasus Engineering developed and presented a three-part series detailing current stormwater design standards, requirements in other municipalities and counties, and higher stormwater standards alternatives. The moratorium is set to expire April 9, 2023 and Staff is seeking direction to determine if the temporary moratorium will be allowed to expire or be extended for an additional 90 days. RECOMMENDATION Staff recommends the Commission discuss and provide direction on whether the Temporary Moratorium should be allowed to expire on April 9, 2023 or extended an additional 90 days to July 8, 2023. 78 ORDINANCE NO. 2022-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA; ADOPTING A TEMPORARY MORATORIUM WITHIN THE JURISDICTIONAL LIMITS OF THE CITY OF WINTER SPRINGS REGARDING THE FILING, PROCESSING, CONSIDERATION, OR DECISION OF FINAL ENGINEERING PLAN AND SUBDIVISION OF LAND APPLICATIONS FOR DEVELOPMENT REQUIRING CONSTRUCTION OF STORMWATER MANAGEMENT AND DRAINAGE SYSTEMS UNDER SECTION 9-241 OF THE CITY CODE IN ALL ZONING DISTRICTS OF THE CITY; PROVIDING THAT SAID MORATORIUM PERIOD SHALL BE EFFECTIVE FOR A PERIOD OF 90 DAYS, WITH THE OPTION FOR THE CITY COMMISSION TO EXTEND THE MORATORIUM PERIOD FOR AN ADDITIONAL THREE MONTHS IF NECESSARY TO ALLOW THE CITY COMMISSION, CITY LAND PLANNING AGENCY, CITY STAFF AND CITY ATTORNEY TO DEVELOP AMENDMENTS TO CHAPTER 9 OF THE CITY CODE AND APPLICABLE COMPREHENSIVE PLAN REQUIREMENTS TO ENHANCE THE STORMWATER DESIGN REQUIREMENTS OF THE CITY; PROVIDING FOR PENALTIES, REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, CONFLICTS WITH STATE AND FEDERAL LAW AND SEVERABILITY, NON-CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution,to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Chapter 9 of the City Code allows developers to make application for site plan, final engineering plans, and subdivision of land applications within the City and establishes design requirements for required improvements, including stormwater management and drainage systems pursuant to Section 9-241 of the City Code; and WHEREAS, Section 9-241 of the City Code, consistent with applicable levels of service established in the City's Comprehensive Plan, requires all drainage facilities in the City of Winter Springs to be designed for a rainfall of a twenty-five year/twenty-four hour return period using an SCS Type II Modified rainfall distribution and establishes the twenty-five year/twenty-four hour storm as the "design storm" for the City; and WHEREAS, flooding from extreme storm events has affected many cities and communities across the country, causing billions of dollars in damages annually; and City of Winter Springs Ordinance No.2022-12 Page 1 of 4 79 80 WHEREAS, the City of Winter Springs has recently experienced an unprecedented flooding event following the impact of Hurricane Ian causing significant damage to the community, and the City Commission desires the City engineer and appropriate City staff and consultants to investigate and provide proposals increasing the "design storm" standards of the City for which all drainage systems will be designed as well as any other necessary updates to the City's Comprehensive Plan and City Code to enhance the quality and capacity of drainage systems required for new development within the City for purposes of mitigating against flooding; and WHEREAS, except as otherwise expressly provided hereunder, the City Commission desires a temporary moratorium to be enacted to temporarily cease the filing, processing, consideration, and decisionmaking, including holding quasi-judicial public hearings, related to final development plans and subdivision of land applications requiring construction of stormwater management and drainage systems under Section 9-241 of the City Code; and WHEREAS, a temporary moratorium allows such review of the stormwater management regulations and applicable Comprehensive Plan policies to occur unhindered by developments that could frustrate the objective of the review,and eliminate the race of diligence that may occur while such reviews are underway, and allows for necessary code changes and/or policy changes to be fully evaluated and/or implemented before new permitting and construction takes place; and WHEREAS, the City Commission finds that improving flood resilience by enhancing drainage facility standards for new development will protect people, buildings, infrastructure and other facilities from flooding risk and serves a compelling government interest and public purpose; 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 hereby fully incorporated herein by reference as legislative findings of the City Commission of Winter Springs. Section 2. Adoption of Temporary Moratorium. Beginning on the effective date of this Ordinance and continuing for ninety (90) days thereafter, or sooner if provided by an ordinance by the Winter Springs City Commission, a temporary moratorium is hereby imposed upon filing, processing, considering, and decision malting related to final engineering plan and subdivision of land applications for development requiring construction of stormwater management and drainage systems under Section 9-241 of the City Code in all zoning districts of the City,except for such applications exempt from the temporary moratorium as expressly set forth City of Winter Springs Ordinance No. 2022-12 Page 2 of 4 81 82 in Section 3 of this Ordinance and except as otherwise expressly provided in Section 4 of this Ordinance. The temporary moratorium adopted herein may be extended by the City Commission for up to an additional ninety (90) days by Resolution. Section 3. Exemptions from Temporary Moratorium. The following permit applications are exempt from the temporary moratorium: A. Applications for final engineering plans and subdivisions of land which were formally filed with, and deemed complete by,the City on or before October 10, 2022. B. Applications for final engineering plans and subdivisions of land for developments that will be entirely served by a master stormwater system which previously received final engineering plan approval by the City Commission. C. Pre-application meetings. D. Applications for development which do not require permitting and construction of a stormwater management and drainage systems under Section 9-241 of the City Code. Section 4. Processing and Filing Applications during the Temporary Moratorium. Applications for final engineering plans and subdivisions of land for development requiring construction of stormwater management and drainage systems under Section 9-241 of the City Code may continue to be filed and preliminarily reviewed by city staff during the period of the temporary moratorium, provided that the applicant files an affidavit agreeing that the applicant has waived the limitations for processing applications set forth in Section 166.033, Florida Statutes, and that such filing shall be at the applicant's sole risk and expense given that amended stormwater management and drainage standards and Comprehensive Plan policies,to the extent adopted by the City Commission, may require significant revisions to applications. The "sole risk and expense" affidavit shall be in a form prepared and approved by the City Attorney. However, in accordance with Section 2 of this Ordinance and unless otherwise exempt under Section 3 of this Ordinance,no land use application that is filed or receives preliminary staff review comments during the period of the temporary moratorium will be scheduled for a public hearing, recommendation, or decision by either the Planning and Zoning Board or the City Commission until the temporary moratorium has expired. Section 5. Recommendations for Land Development Regulations. The City Manager and appropriate staff, in consultation with the City's consultants and City Attorney, are hereby requested to evaluate the aforementioned requirements and develop and recommend, as may be deemed advisable by the City Manager and City Attorney, land development regulation amendments and/or Comprehensive Plan text amendments consistent with the direction provided hereunder. Section 6. Penalties. Violations of this Ordinance are punishable as provided by City of Winter Springs Ordinance No.2022-12 Page 3 of 4 83 84 Section 1-15 of the City Code of Winter Springs, Florida or other applicable Code provisions. Section 7. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 8. Non-Codification. This Ordinance shall not be incorporated into the Winter Springs City Code. Section 9. Conflicts with State and Federal Law; Severability. No provision herein is intended to impose a moratorium on the processing of land use applications required to be processed within certain time frames by state or federal law. 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 10. Effective Date. This Ordinance shall become effective immediately 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 g day of 7n,��•«, , 2023. KEVIN McCANN,,Mayor ATTESTj.� C TIAN GOWAN N' �'�•., 3 ' City Clerk O • 4 J APPR AS TO LEGAL FORM AND SUFFICIENCY FO H OF WINTER SPRINGS ONLY. ,.,.• J�� ANTHONY A. GARGANESE City Attorney City of Winter Springs Ordinance No.2022-12 Page 4 of 4 85 r �.. •.er, �J 86 First Legal Ad Published: First Reading: Second Legal Ad Published: Effective Date: City of Winter Springs Ordinance No.2022-12 Page 5 of 4 87 88 • REGULAR AGENDA ITEM 504 n rp..T,d CITY COMMISSION AGENDA I MARCH 27, 2023 REGULAR MEETING 1959 TITLE NRCS Funding - Sheet Pile Wall Financing SUMMARY NRCS, (Natural Resources Conservation Service) has approved Federal grant funding to the City of Winter Springs residents to assist in the construction of sheet pile walls along specific locations where the creek banks. The proposed wall installations are either owned by individual homeowners or the community HOA. The funding provides 75% of the total design, permitting and construction cost for the erosion protection measures. The remaining 25% of the funding must come from the recipient(s). RECOMMENDATION David Hamstra will provide the City Commission clarification of the 25% match requirements and limitations by the HOA's or individual homeowners. 89 C r O �l G1 co 00 u 0 C � -Ln c�C = f0 C U G J o Ln N k.0 cV Ln M m m r-I >. 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At that same February 27 meeting, in accordance with the City Charter's minimum 4 vote requirement, the City Commission unanimously appointed Phil Hursh, the current Public Works/City Engineering Director, as Interim City Manager subject to approval of a written employment agreement. The City Attorney was directed to prepare the attached Agreement that outlines the terms and conditions of the Interim City Manager appointment for the City Commission's consideration and approval. The proposed agreement is substantially similar to previous interim city manager agreements used in the more recent past. In addition, at the March 13, 2023 meeting, the City Commission directed that an RFP be prepared seeking the services of a professional recruiting consultant to assist the City Commission in conducting a nationwide search for a new permanent city manager. The attached Interim City Manager Employment Agreement outlines the full terms and conditions of the interim city manager position while the City Commission completes the recruiting process for a new permanent city manager. A summary of some of the non-standard terms and conditions are as follows: Term: The term commences retroactively at 12:00 midnight on February 28, 2023, and shall continue until terminated by either the City Commission or Mr. Hursh, or automatically at such date and time that the City Commission makes a permanent appointment of a City Manager and the permanent City Manager commences their employment. At-Will Temporary: Employee shall serve at the pleasure of the City Commission of Winter Springs and may be terminated with or without cause. The parties acknowledge and agree that the Interim City Manager position is 92 only a temporary assignment and that the City Commission is actively recruiting for the permanent City Manager position. Salary and benefits. The salary amount is being proposed by Mr. Hursh. The benefits are per City policy and reflect previous city manager agreements. Mr. Hursh proposes $180,000 annual salary which is rounded slightly less than the former city manager's salary. All provisions of law and rules and regulations of the City relating to vacation and sick leave, holidays, and other fringe benefits and working conditions as they now exist or hereafter may be amended shall apply to the Employee as they would to other employees of the City. The City agrees to make all required premium payments for the City 's Group Health Insurance Plan of his choosing for the Employee, spouse, and dependents that is available to all City employees. The City agrees to provide Employee use of an appropriate take-home City vehicle to be used primarily for City related business in furtherance of his duties and responsibilities as City Manager. Contingency- Return to Public Works/City Engineering Director : At such time as a permanent City Manager other than Mr. Hursh commences his or her employment or the City Commission terminates the Employee as Interim City Manager, the Employee shall be entitled to return to and resume his previous position as Public Works/Engineering Director with all benefits available to all City employees, all Employee's accrued benefits and leave balances accrued, and his time of service earned shall not lapse during the temporary assignment as Interim City Manager. The Employee's salary for Public Works/Engineering Director shall be a new adjusted salary amount of $160,000.00 as proposed by Mr. Hursh. RECOMMENDATION Pursuant to City Charter, a minimum of 4 votes of the City Commission is required to approve the Agreement. 93 INTERIM CITY MANAGER'S EMPLOYMENT AGREEMENT THIS AGREEMENT, made this day of March, 2023 ("Effective Date"), between the CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation (hereinafter referred to as the "Employer" or "City") and PHILIP HURSH (hereinafter referred to as the "Employee"). WHEREAS, Employer is a Florida municipal corporation organized and existing under the laws of the State of Florida; and WHEREAS, prior to the effective date of this Agreement, Employee was serving as the City's Public Works Director; and WHEREAS,after the resignation of the former City Manager effective February 27,2023, Employee was appointed by the minimum 4/51h vote of the City Commission per the City Charter on February 27, 2023 as the Interim City Manager of Winter Springs subject to the terms and conditions of this Agreement; and WHEREAS, Employer and Employee are now desirous of establishing, in writing, the duties and responsibilities of the respective parties and memorializing the terms and conditions of employment in a written agreement to be executed by and between the parties; and WHEREAS, the Employee has professional experience in the field of service required by this Agreement, is fully qualified to hold the position of Interim City Manager and is desirous of becoming the Interim City Manager; and WHEREAS, the Employer has determined this Agreement to be in the best interest of the Employer. NOW THEREFORE, in consideration of the mutual promises herein contained, it is hereby agreed as follows: I. Employment and Duties. Employer employs the Employee in the capacity of Interim City Manager of Winter Springs, Florida. Employee acknowledges and agrees that he is accepting employment as the Interim City Manager only as a temporary assignment and that the City Commission is actively recruiting for the permanent City Manager position. Employee shall serve at the pleasure of the City Commission of Winter Springs ("City Commission") and may be terminated with or without cause. The Employee agrees to perform such duties as set forth in the Charter and Ordinances of the City of Winter Springs, as said Ordinances and Charter may be amended from time to time,together with such other duties as may be properly and legally assigned to him from time to time by the City Commission. Employee also agrees to fully and faithfully 1 94 perform such duties prescribed by the laws of the State of Florida and United States of America, including regulations of other appropriate administrative agencies, relating to the City of Winter Springs and the position of City Manager. All such duties shall be performed within the time frames or deadlines imposed by law, applicable policy, rule, or established by the City Commission. Absent a legally or City Commission imposed deadline, the Employee shall perform his duties within a reasonable period of time and with due regard for promptness, diligence, and professionalism. The Employee shall request of the City Commission from time to time such decisions or actions of the City Commission which the Employee may determine are reasonably necessary for the successful accomplishment of his duties as City Manager. And,the Employee shall assign or devote such resources and personnel in a manner in his judgment best serve the interest of the City of Winter Springs, Florida, consistent with the policies and direction of the City Commission. 2. Performance. The Employee agrees to devote his full working time and attention to the performance of the duties of the City Manager required hereunder. Employee shall not render any other services of a professional or business nature to any other person or organization without the Employer's prior written consent. This provision shall not include occasional teaching, presentations to professional organizations, writing, or performing functions on behalf of the Florida City and County Manager's Association and such other state and local government groups and committees thereof, provided such activities do not conflict or interfere with Employee's duties as City Manager under this Agreement. 3. Term. (a) The term of this Agreement shall commence retroactively from midnight on February 28, 2023, and shall continue until terminated by either Employer or Employee as provided herein or shall automatically terminate at such date and time that the City Commission makes a permanent appointment of a City Manager and the permanent City Manager commences his or her employment. At such time as a permanent City Manager other than Employee commences his or her employment or the City Commission terminates the Employee as Interim City Manager, the Employee shall be entitled to return to and resume his previous position as Public Works/Engineering Director with all benefits available to all City employees, all Employee's accrued benefits and leave balances accrued, and his time of service earned shall not lapse during the temporary assignment as Interim City Manager. The Employee's salary for Public Works/Engineering Director shall be returned to a new adjusted salary amount of$160,000.00. (b) Nothing in this Agreement shall prevent,limit, or otherwise interfere with the right of the City to terminate, at its will and without cause,the services of the Employee as Interim City Manager, subject to Employee's rights to continue as Public Works/Engineering Director for the City subject to the City's employment policies. Similarly,nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign, at any time, from his position as the Interim City Manager, subject to Employee's right to continue in his capacity as Public 2 95 Works/Engineering Director subject to the City's employment policies. 4. Compensation. For his services to the Employer, the Employee shall be compensated as follows: (a) Salary. Commencing on the effective date of this Agreement, the Employee shall receive a starting salary of One Hundred Eighty Thousand and No/100 Dollars($180,000.00), payable in installments at the same time as other employees of the Employer are paid, less appropriate deductions for employment taxes, income tax and other lawful withholdings_ Employee shall not be entitled to overtime or compensatory benefits. The Employee's annual base salary may be adjusted based on the City Commission's annual evaluation of Employee's performance, or by mutual agreement of the City Commission and Employee. The position of Interim City Manager is an exempt position under state and federal wage and hour laws. The Employee shall not receive overtime. 5. Other Conditions of Employment. The Employee, on condition of his employment by the Employer, agrees to the following: (a) Hours of Work. The Employee agrees that, subject to Employee's inability to work due to sickness or injury, at all times during the term of this Agreement, he will arrange to be available to perform the duties of his employment not only during the regular business hours of the Employer, but also at such other times as the Employer shall from time to time reasonably request and that he shall not be entitled to any compensation in addition to that provided for herein for services rendered by him outside of the City's regular business hours, or on Saturdays, Sundays or holidays. (b) Vacation, Sick Leave, Holidays and Other Benefits. Except as expressly provided herein, all provisions of law and rules and regulations of the City relating to vacation and sick leave,holidays,and other fringe benefits and working conditions as they now exist or hereafter may be amended shall apply to the Employee as they would to other employees of the City. The City shall not at any time during the terms of his service as Interim City Manager reduce the salary, compensation, or other financial benefits of Employee except to the degree of such reduction across-the-board for all employees of the City. (c) Health Insurance. The City agrees to make all required premium payments for the City's Group Health Insurance Plan of his choosing for the Employee, spouse, and dependents that is available to all City employees. (d) Professional Association and Development. The City hereby agrees to budget for and pay the travel and subsistence expenses of Employee for professional and official travel, meetings, conferences, training, seminars, and occasions consistent with the City's Travel Policy applicable to all City employees. The foregoing shall be subject to the needs of the City and budgetary appropriation by the City Commission. 3 96 (e) Automobile Allowance. The Employer agrees to provide Employee use of an appropriate take-home City vehicle to be used primarily for City related business in furtherance of his duties and responsibilities as City Manager. (f) Other Miscellaneous. The City Commission, in consultation with the Employee, shall fix any such other terms and conditions of employment as it may determine from time to time relating to the performance of the Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement and other applicable law. 6. Indemnification. Employer shall defend, indemnify and hold Employee harmless against any and all civil claims, demands, actions, suits, expenses and losses, including reasonable attorney's fees, arising out of the action or omission of Employee within the scope of his duties as Interim City Manager, except for acts or omissions exhibiting wanton or willful disregard of human rights, safety, or property or outside the scope of Employee's employment or willful misconduct of Employee ("Covered Loss"). Further, this covenant shall only apply to claims for punitive damages where such claims arose out of the good faith performance of the Employee's duties; otherwise, this covenant shall not apply to claims for punitive damages. The Employer may, at Employer's option, provide for legal representation of Employee through the City Attorney or outside counsel of its choice or may choose to reimburse the Employee for legal fees incurred as a result of a Covered Loss. The City will have the authority to compromise and settle any such claim or suit within the scope of the Employee's employment and pay the amount of any settlement or judgment rendered thereon. To the maximum extent permitted bylaw, the City and Employee shall rely upon the doctrine of sovereign immunity and the provisions of section 768.28,Florida Statutes, and other applicable law. This paragraph shall survive termination of this Agreement. 7. General Provisions. (a) The text herein constitutes the entire Agreement between the parties, and it may not be modified except by written Agreement signed by both parties. (b) If any provision or portion of this Agreement is found to be unenforceable, then the remainder of this Agreement shall not be affected and shall remain in full force and effect. (c) This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. (d) This Agreement shall be interpreted and governed by the laws of Florida. Venue for any action hereunder shall be in Seminole County,Florida, or if a federal action is commenced, in the Federal Court in Orlando, Florida. (e) WAIVER OF JURY TRIAL. EMPLOYEE AND EMPLOYER HEREBY 4 97 KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION RELATED TO OR ARISING OUT OF, UNDER OR IN CONJUNCTION WITH THIS AGREEMENT, EMPLOYEE'S EMPLOYMENT AND TERMINATION OF EMPLOYMENT AND ANY AND ALL OTHER DISPUTES WHICH MAY ARISE BETWEEN EMPLOYER AND EMPLOYEE WHETHER BASED ON CONTRACT, COMMON LAW, LOCAL ORDINANCE, OR STATE OR FEDERAL LAW. (f) Each party hereto represents to the other that it has undertaken all necessary actions to execute this Agreement, and it has the legal authority to enter into this Agreement and to undertake all obligations imposed on it. (g) The language of the City Charter relating to the position and function of the City Manager of the City of Winter Springs, as may be amended from time to time, is incorporated herein by reference into this Agreement as though it were set forth in the text of this Agreement verbatim. (h) Both parties have participated in drafting this Agreement. As such, this Agreement shall not be construed or interpreted more strictly against any one party than against any other party- (i) The effective date of this Agreement shall be the date first written above. IN WITNESS WHEREOF,the parties have executed this Agreement on the day and year written above. EMPLOYEE: STATE OF FLORIDA ) PHILIP HURSH COUNTY OF SEMINOLE ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared PHILIP HURSH, before me by means of: L] online notarization, or Lj physical presence and is L-] personally known to me, or [_] has produced as identification to me personally known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2023. NOTARY PUBLIC 5 98 EMPLOYER: By: Kevin McCann,Mayor ATTEST: Christian Gowan, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY: Anthony A. Garganese, City Attorney Approved by the City Commission on: March 27, 2023 6 99 • REGULAR AGENDA ITEM 506 n rp..T,d CITY COMMISSION AGENDA I MARCH 27, 2023 REGULAR MEETING 1959 TITLE New Business SUMMARY Pursuant to Sec 2-27 (c)(2) of the City Code, "Unless otherwise determined by the city commission, each regular agenda shall have a new business section, in the order on the agenda approved by the city commission, which allows the mayor, any city commissioner, city manager or city attorney an opportunity to raise, if necessary, new issues not on the agenda that require discussion and potential future direction by the city commission. The new business section shall not be used to present items requiring prior public notice or hearing, for reports allowed under subsection (m), or be used as a substitute for timely placing items on the agenda prior to the agenda packet being distributed or as an add-on item as required by subsection (b). The city commission will not take final action on any new business item that is considered a major initiative and/or initiative that would ordinarily require significant city staff research. Persons introducing new business items are encouraged to provide background information regarding the item prior to or at the meeting in the same manner as permitted for reports under subsection (m)(4)." RECOMMENDATION Staff recommends the Mayor and Commission bring forward any new business they wish to have placed on a future agenda. 100